[House Report 116-484]
[From the U.S. Government Publishing Office]


116th Congress   }                                       {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                       {     116-484

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



 
         WATER QUALITY PROTECTION AND JOB CREATION ACT OF 2019

                                _______
                                

 September 4, 2020.--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

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 1497]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 1497) to amend the Federal Water 
Pollution Control Act to reauthorize certain water pollution 
control programs, and for other purposes, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     9
Background and Need for Legislation..............................     9
Hearings.........................................................    13
Legislative History and Consideration............................    14
Committee Votes..................................................    14
Committee Oversight Findings.....................................    14
New Budget Authority and Tax Expenditures........................    14
Congressional Budget Office Cost Estimate........................    14
Performance Goals and Objectives.................................    19
Duplication of Federal Programs..................................    19
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    19
Federal Mandates Statement.......................................    19
Preemption Clarification.........................................    19
Advisory Committee Statement.....................................    19
Applicability to Legislative Branch..............................    20
Section-by-Section Analysis of the Legislation...................    20
Changes in Existing Law Made by the Bill, as Reported............    24
Minority Views...................................................    69

    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 ``Water Quality Protection and Job 
Creation Act of 2019''.

SEC. 2. WASTEWATER INFRASTRUCTURE WORKFORCE INVESTMENT.

  Section 104(g) of the Federal Water Pollution Control Act (33 U.S.C. 
1254(g)) is amended--
          (1) in paragraph (1), by striking ``manpower'' each place it 
        appears and inserting ``workforce''; and
          (2) by amending paragraph (4) to read as follows:
          ``(4) Report to congress on publicly owned treatment works 
        workforce development.--Not later than 2 years after the date 
        of enactment of the Water Quality Protection and Job Creation 
        Act of 2019, 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 containing--
                  ``(A) an assessment of the current and future 
                workforce needs for publicly owned treatment works, 
                including an estimate of the number of future positions 
                needed for such treatment works and the technical 
                skills and education needed for such positions;
                  ``(B) a summary of actions taken by the 
                Administrator, including Federal investments under this 
                Act, that promote workforce development to address such 
                needs; and
                  ``(C) any recommendations of the Administrator to 
                address such needs.''.

SEC. 3. STATE MANAGEMENT ASSISTANCE.

  (a) Authorization of Appropriations.--Section 106(a) of the Federal 
Water Pollution Control Act (33 U.S.C. 1256(a)) is amended--
          (1) by striking ``and'' at the end of paragraph (1); and
          (2) by inserting after paragraph (2) the following:
          ``(3) such sums as may be necessary for each of fiscal years 
        1991 through 2020;
          ``(4) $240,000,000 for fiscal year 2021;
          ``(5) $250,000,000 for fiscal year 2022;
          ``(6) $260,000,000 for fiscal year 2023;
          ``(7) $270,000,000 for fiscal year 2024; and
          ``(8) $275,000,000 for fiscal year 2025;''.
  (b) Technical Amendment.--Section 106(e) of the Federal Water 
Pollution Control Act (33 U.S.C. 1256(e)) is amended by striking 
``Beginning in fiscal year 1974 the'' and inserting ``The''.

SEC. 4. WATERSHED, WET WEATHER, AND RESILIENCY PROJECTS.

  (a) Increased Resilience of Treatment Works.--Section 122(a)(6) of 
the Federal Water Pollution Control Act (33 U.S.C. 1274(a)(6)) is 
amended to read as follows:
          ``(6) Increased resilience of treatment works.--Efforts--
                  ``(A) to assess future risks and vulnerabilities of 
                publicly owned treatment works to manmade or natural 
                disasters, including extreme weather events and sea 
                level rise; and
                  ``(B) to carry out the planning, designing, or 
                constructing of projects, on a systemwide or areawide 
                basis, to increase the resilience of publicly owned 
                treatment works through--
                          ``(i) the conservation of water or the 
                        enhancement of water use efficiency;
                          ``(ii) the enhancement of wastewater 
                        (including stormwater) management by increasing 
                        watershed preservation and protection, 
                        including through--
                                  ``(I) the use of green 
                                infrastructure; or
                                  ``(II) the reclamation and reuse of 
                                wastewater (including stormwater), such 
                                as through aquifer recharge zones;
                          ``(iii) the modification or relocation of an 
                        existing publicly owned treatment works at risk 
                        of being significantly impaired or damaged by a 
                        manmade or natural disaster; or
                          ``(iv) the enhancement of energy efficiency, 
                        or the use or generation of recovered or 
                        renewable energy, in the management, treatment, 
                        or conveyance of wastewater (including 
                        stormwater).''.
  (b) Requirements; Authorization of Appropriations.--Section 122 of 
the Federal Water Pollution Control Act (33 U.S.C. 1274) is amended by 
striking subsection (c) and inserting the following:
  ``(c) Requirements.--The requirements of section 608 shall apply to 
any construction, alteration, maintenance, or repair of treatment works 
receiving a grant under this section.
  ``(d) Assistance.--The Administrator shall use not less than 15 
percent of the amounts appropriated pursuant to this section in a 
fiscal year to provide assistance to municipalities with a population 
of less than 10,000, to the extent there are sufficient eligible 
applications.
  ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $110,000,000, to remain 
available until expended.''.
  (c) Technical and Conforming Amendments.--
          (1) Watershed pilot projects.--Section 122 of the Federal 
        Water Pollution Control Act (33 U.S.C. 1274) is amended--
                  (A) in the section heading, by striking ``watershed 
                pilot projects'' and inserting ``watershed, wet 
                weather, and resiliency projects''; and
                  (B) by striking ``pilot'' each place it appears.
          (2) Water pollution control revolving loan funds.--Section 
        603(c)(7) of the Federal Water Pollution Control Act (33 U.S.C. 
        1383(c)(7)) is amended by striking ``watershed''.

SEC. 5. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.

  (a) Selection of Projects.--Section 220(d) of the Federal Water 
Pollution Control Act (33 U.S.C. 1300(d)) is amended--
          (1) by amending paragraph (1) to read as follows:
          ``(1) Limitation on eligibility.--A project that has received 
        construction funds under the Reclamation Projects Authorization 
        and Adjustment Act of 1992 shall not be eligible for grant 
        assistance under this section.''; and
          (2) by striking paragraph (2) and redesignating paragraph (3) 
        as paragraph (2).
  (b) Committee Resolution Procedure; Assistance.--Section 220 of the 
Federal Water Pollution Control Act (33 U.S.C. 1300) is amended by 
striking subsection (e) and inserting the following:
  ``(e) Assistance.--The Administrator shall use not less than 15 
percent of the amounts appropriated pursuant to this section in a 
fiscal year to provide assistance to eligible entities for projects 
designed to serve fewer than 10,000 individuals, to the extent there 
are sufficient eligible applications.''.
  (c) Cost Sharing.--Section 220(g) of the Federal Water Pollution 
Control Act (33 U.S.C. 1300(g)) is amended--
          (1) by striking ``The Federal share'' and inserting the 
        following:
          ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share''; and
          (2) by adding at the end the following:
          ``(2) Reclamation and reuse projects.--For an alternative 
        water source project that has received funds under the 
        Reclamation Projects Authorization and Adjustment Act of 1992 
        (other than funds referred to in subsection (d)(1)), the total 
        Federal share of the costs of the project shall not exceed 25 
        percent or $20,000,000, whichever is less.''.
  (d) Requirements.--Section 220 of the Federal Water Pollution Control 
Act (33 U.S.C. 1300) is amended by redesignating subsections (i) and 
(j) as subsections (j) and (k), respectively, and inserting after 
subsection (h) the following:
  ``(i) Requirements.--The requirements of section 608 shall apply to 
any construction of an alternative water source project carried out 
using assistance made available under this section.''.
  (e) Definitions.--Section 220(j)(1) of the Federal Water Pollution 
Control Act (as redesignated by subsection (d) of this section) is 
amended by striking ``or wastewater or by treating wastewater'' and 
inserting ``, wastewater, or stormwater or by treating wastewater or 
stormwater''.
  (f) Authorization of Appropriations.--Section 220(k) of the Federal 
Water Pollution Control Act (as redesignated by subsection (d) of this 
section) is amended by striking ``$75,000,000 for fiscal years 2002 
through 2004'' and inserting ``$150,000,000''.

SEC. 6. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANTS.

  Section 221 of the Federal Water Pollution Control Act (33 U.S.C. 
1301) is amended--
          (1) in subsection (c), by striking ``subsection (b),'' each 
        place it appears and inserting ``this section,'';
          (2) in subsection (d)--
                  (A) by striking ``The Federal share'' and inserting 
                the following:
          ``(1) Federal share.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B), the Federal share''; and
                  (B) by striking ``The non-Federal share'' and 
                inserting the following:
                  ``(B) Financially distressed communities.--The 
                Federal share of the cost of activities carried out 
                using amounts from a grant made to a financially 
                distressed community under subsection (a) shall be not 
                less than 75 percent of the cost.
          ``(2) Non-federal share.--The non-Federal share'';
          (3) in subsection (e), by striking ``section 513'' and 
        inserting ``section 513, or the requirements of section 608,''; 
        and
          (4) in subsection (f)--
                  (A) in paragraph (1), by striking ``2020'' and 
                inserting ``2025''; and
                  (B) by adding at the end the following:
          ``(3) Assistance.--In carrying out subsection (a), the 
        Administrator shall ensure that, of the amounts granted to 
        municipalities in a State, not less than 20 percent is granted 
        to municipalities with a population of less than 20,000, to the 
        extent there are sufficient eligible applications.''.

SEC. 7. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.

  (a) Terms.--Section 402(b)(1) of the Federal Water Pollution Control 
Act (33 U.S.C. 1342(b)(1)) is amended--
          (1) by amending subparagraph (B) to read as follows:
          ``(B) are for fixed terms--
                  ``(i) not exceeding 10 years, for a permit issued in 
                accordance with subsection (t); and
                  ``(ii) not exceeding 5 years, for a permit not 
                described in clause (i);''; and
          (2) by redesignating subparagraph (D) as subparagraph (E), 
        and inserting after subparagraph (C) the following:
          ``(D) do not continue in force beyond the last day of the 
        fixed term, except as provided in subsection (k)(2); and''.
  (b) Requirements.--Section 402 of the Federal Water Pollution Control 
Act (33 U.S.C. 1342) is amended--
          (1) in subsection (k)--
                  (A) by inserting ``(1)'' before ``Compliance with'';
                  (B) by striking ``of (1)'' and inserting ``of (A)'';
                  (C) by striking ``or (2)'' and inserting ``or (B)''; 
                and
                  (D) by adding at the end the following:
          ``(2) Permit renewal or reissuance.--If a permittee applies 
        to a State to renew or reissue a permit under this section, in 
        compliance with the approved State permit program under 
        subsection (b), and the State does not make a final 
        administrative disposition of the application by the last day 
        of the term of the permit--
                  ``(A) not later than 30 days after such last day of 
                the term of the permit, the State shall notify the 
                Administrator, the Committee on Transportation and 
                Infrastructure of the House of Representatives, and the 
                Committee on Environment and Public Works of the Senate 
                of such failure to make a final administrative 
                disposition;
                  ``(B) if the State does not make a final 
                administrative disposition of the application by the 
                date that is 180 days after the last day of the term of 
                the permit, the Administrator shall make a final 
                administrative disposition of the application not later 
                than 180 days after such date; and
                  ``(C) the permit shall continue in effect until the 
                date on which a final administrative disposition of the 
                application is made.''; and
          (2) by adding at the end the following:
  ``(t) Extended Term for Certain Permits.--
          ``(1) In general.--A State with an approved permit program 
        under subsection (b) may issue a permit under this section with 
        a term authorized under subsection (b)(1)(B)(i) to an eligible 
        municipality for a covered discharge.
          ``(2) Review and modification of permit.--
                  ``(A) State action.--
                          ``(i) Review.--Not later than 60 days after a 
                        triggering event occurs with respect to a 
                        permit issued by a State pursuant to this 
                        subsection, the State shall review the permit 
                        and make publicly available a determination of 
                        whether any modifications to the permit are 
                        necessary to address the triggering event.
                          ``(ii) Modification.--Not later than 90 days 
                        after making publicly available a determination 
                        under clause (i) that modifications to a permit 
                        are necessary, the State shall make such 
                        modifications in accordance with the 
                        requirements of this section.
                  ``(B) EPA action.--
                          ``(i) Review.--If a State fails to make 
                        publicly available a determination by the 
                        deadline required under subparagraph (A), the 
                        Administrator shall make publicly available 
                        such a determination not later than 30 days 
                        after such deadline.
                          ``(ii) Modification.--If a State fails to 
                        modify a permit by the deadline required under 
                        subparagraph (A), or if the Administrator makes 
                        publicly available under this subparagraph a 
                        determination that modifications to a permit 
                        are necessary, the Administrator shall make 
                        such modifications in accordance with the 
                        requirements of this section not later than 90 
                        days after the deadline required under 
                        subparagraph (A), or 90 days after the date on 
                        which the Administrator makes publicly 
                        available such determination under this 
                        subparagraph, as applicable.
                          ``(iii) Effect on state authority.--A permit 
                        modified by the Administrator under clause (ii) 
                        shall be considered to be a permit issued by 
                        the State for the purposes of permit 
                        administration, and such modification shall not 
                        affect any other authority or responsibility of 
                        the State relating to the permit.
                  ``(C) Right of action.--A determination under this 
                paragraph by a State or the Administrator of whether 
                modifications to a permit are necessary to address a 
                triggering event is a final agency action subject to 
                judicial review in the same manner as a review under 
                section 509(b)(1).
          ``(3) Definitions.--In this subsection:
                  ``(A) Covered discharge.--The term `covered 
                discharge' means a discharge from a publicly owned 
                treatment works, which consists of municipal sewage 
                treated, recycled, or reclaimed in accordance with this 
                Act (and may include a municipal combined sewer 
                overflow that is in compliance with the requirements of 
                subsection (q))--
                          ``(i) into a navigable water that is not 
                        identified by the State issuing the permit 
                        under section 303(d) as impaired for a 
                        pollutant specifically addressed by the permit; 
                        or
                          ``(ii) in the case of a discharge into a 
                        navigable water that is so identified, that is 
                        subject to, and in compliance with, permit 
                        limits that are consistent with--
                                  ``(I) a judicial order or consent 
                                decree resolving an enforcement action 
                                related to such discharge under this 
                                Act; or
                                  ``(II) for each such pollutant, any 
                                applicable approved total maximum daily 
                                load allocation, or, if no such 
                                approved allocation exists, any 
                                applicable water quality standard for 
                                the pollutant (including any such 
                                standard as addressed in an integrated 
                                plan incorporated into a permit under 
                                subsection (s)).
                  ``(B) Eligible municipality.--The term `eligible 
                municipality' means a municipality with a history of 
                compliance with this Act, as determined in accordance 
                with standards established by the Administrator.
                  ``(C) Triggering event.--The term `triggering event' 
                means, with respect to a permit issued pursuant to this 
                subsection, any of the following that happens after the 
                date on which the permit is issued:
                          ``(i) The State receives information that 
                        there may be a cause for modification, as 
                        identified in section 122.62 of title 40, Code 
                        of Federal Regulations (as in effect on the 
                        date of enactment of this subsection), of the 
                        permit.
                          ``(ii) The State identifies under section 
                        303(d) the navigable water into which a 
                        discharge is permitted pursuant to the permit 
                        as impaired for a pollutant known to be present 
                        in the discharge.
                          ``(iii) The Administrator approves a new or 
                        modified total maximum daily load that applies 
                        with respect to a pollutant known to be present 
                        in a discharge permitted pursuant to the 
                        permit.
                          ``(iv) The Administrator or the State 
                        determines that--
                                  ``(I) a pollutant known to be 
                                discharged under the permit is directly 
                                related to the contamination of a water 
                                designated for use as a public water 
                                supply source pursuant to section 303; 
                                and
                                  ``(II)(aa) the discharge of such 
                                pollutant is related to a violation of 
                                an applicable water quality standard; 
                                or
                                  ``(bb) such pollutant is subject to a 
                                health advisory published by the 
                                Administrator under section 
                                1412(b)(1)(F) of the Safe Drinking 
                                Water Act.''.
  (c) Implementation Rule.--
          (1) Deadline.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator of the Environmental 
        Protection Agency shall publish in the Federal Register a rule 
        to implement the amendments made by this section, including 
        establishing standards for determining a history of compliance 
        with the Federal Water Pollution Control Act for purposes of 
        section 402(t) of such Act (as added by this section).
          (2) Consultation.--In carrying out this subsection, the 
        Administrator shall consult with representatives of States, 
        municipalities (as such term is defined in section 502 of the 
        Federal Water Pollution Control Act), and other stakeholders 
        and interested parties.

SEC. 8. REPORTS TO CONGRESS.

  Section 516(b)(1) of the Federal Water Pollution Control Act (33 
U.S.C. 1375(b)(1)) is amended--
          (1) by striking ``, of the cost of construction'' and 
        inserting ``, of (i) the cost of construction''; and
          (2) by striking ``each of the States;'' and inserting ``each 
        of the States, and (ii) the costs to implement measures 
        necessary to address the resilience and sustainability of 
        publicly owned treatment works to manmade or natural 
        disasters;''.

SEC. 9. INDIAN TRIBES.

  Section 518(c) of the Federal Water Pollution Control Act (33 U.S.C. 
1377(c)) is amended--
          (1) by striking paragraphs (1) and (2) and inserting the 
        following:
          ``(1) In general.--For each fiscal year, the Administrator 
        shall reserve, of the funds made available to carry out title 
        VI (before allotments to the States under section 604(a)), the 
        greater of--
                  ``(A) 2 percent of such funds; or
                  ``(B) $30,000,000.
          ``(2) Use of funds.--
                  ``(A) Grants.--Funds reserved under this subsection 
                shall be available only for grants to entities 
                described in paragraph (3) for--
                          ``(i) projects and activities eligible for 
                        assistance under section 603(c); and
                          ``(ii) training, technical assistance, and 
                        educational programs relating to the operation 
                        and management of treatment works eligible for 
                        assistance pursuant to section 603(c).
                  ``(B) Limitation.--Not more than $2,000,000 of the 
                reserved funds may be used for grants under 
                subparagraph (A)(ii).''; and
          (2) in paragraph (3)--
                  (A) in the header, by striking ``Use of funds'' and 
                inserting ``Eligible entities''; and
                  (B) by striking ``for projects and activities 
                eligible for assistance under section 603(c) to serve'' 
                and inserting ``to''.

SEC. 10. CAPITALIZATION GRANTS.

  Section 602(b) of the Federal Water Pollution Control Act (33 U.S.C. 
1382(b)) is amended--
          (1) in paragraph (13)(B)--
                  (A) in the matter preceding clause (i), by striking 
                ``and energy conservation'' and inserting ``and 
                efficient energy use (including through the 
                implementation of technologies to recapture and reuse 
                energy produced in the treatment of wastewater)''; and
                  (B) in clause (iii), by striking ``; and'' and 
                inserting a semicolon;
          (2) in paragraph (14), by striking the period at the end and 
        inserting ``; and'' ; and
          (3) by adding at the end the following:
          ``(15) to the extent there are sufficient projects or 
        activities eligible for assistance from the fund, with respect 
        to funds for capitalization grants received by the State under 
        this title and section 205(m) in each of fiscal years 2021 
        through 2025, the State will use not less than 15 percent of 
        such funds for projects to address green infrastructure, water 
        or energy efficiency improvements, or other environmentally 
        innovative activities.''.

SEC. 11. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

  Section 603(i) of the Federal Water Pollution Control Act (33 U.S.C. 
1383(i)) is amended--
          (1) in paragraph (1)--
                  (A) in the matter preceding subparagraph (A), by 
                striking ``, including forgiveness of principal and 
                negative interest loans'' and inserting ``(including in 
                the form of forgiveness of principal, negative interest 
                loans, or grants)''; and
                  (B) in subparagraph (A)--
                          (i) in the matter preceding clause (i), by 
                        striking ``in assistance''; and
                          (ii) in clause (ii)(III), by striking ``to 
                        such ratepayers'' and inserting ``to help such 
                        ratepayers maintain access to wastewater and 
                        stormwater treatment services''; and
          (2) by amending paragraph (3) to read as follows:
          ``(3) Subsidization amounts.--
                  ``(A) In general.--A State may use for providing 
                additional subsidization in a fiscal year under this 
                subsection an amount that does not exceed the greater 
                of--
                          ``(i) 30 percent of the total amount received 
                        by the State in capitalization grants under 
                        this title for the fiscal year; or
                          ``(ii) the annual average over the previous 
                        10 fiscal years of the amounts deposited by the 
                        State in the State water pollution control 
                        revolving fund from State moneys that exceed 
                        the amounts required to be so deposited under 
                        section 602(b)(2).
                  ``(B) Minimum.--For each of fiscal years 2021 through 
                2025, to the extent there are sufficient applications 
                for additional subsidization under this subsection that 
                meet the criteria under paragraph (1)(A), a State shall 
                use for providing additional subsidization in a fiscal 
                year under this subsection an amount that is not less 
                than 10 percent of the total amount received by the 
                State in capitalization grants under this title for the 
                fiscal year.''.

SEC. 12. ALLOTMENT OF FUNDS.

  (a) Formula.--Section 604(a) of the Federal Water Pollution Control 
Act (33 U.S.C. 1384(a)) is amended by striking ``each of fiscal years 
1989 and 1990'' and inserting ``each fiscal year''.
  (b) Wastewater Infrastructure Workforce Development.--Section 604 of 
the Federal Water Pollution Control Act (33 U.S.C. 1384) is amended by 
adding at the end the following:
  ``(d) Wastewater Infrastructure Workforce Development.--A State may 
reserve each fiscal year up to 1 percent of the sums allotted to the 
State under this section for the fiscal year to carry out workforce 
development, training, and retraining activities described in section 
104(g).''.

SEC. 13. RESERVATION OF FUNDS FOR TERRITORIES OF THE UNITED STATES.

  Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 
et seq.) is amended by striking section 607 and inserting the 
following:

``SEC. 607. RESERVATION OF FUNDS FOR TERRITORIES OF THE UNITED STATES.

  ``(a) In General.--
          ``(1) Reservation.--For each fiscal year, the Administrator 
        shall reserve 1.5 percent of available funds, as calculated in 
        accordance with paragraph (2).
          ``(2) Calculation of available funds.--The amount of 
        available funds shall be calculated by subtracting the amount 
        of any funds reserved under section 518(c) from the amount of 
        funds made available to carry out this title (before allotments 
        to the States under section 604(a)).
  ``(b) Use of Funds.--Funds reserved under this section shall be 
available only for grants to American Samoa, the Commonwealth of the 
Northern Mariana Islands, Guam, and the Virgin Islands for projects and 
activities eligible for assistance under section 603(c).
  ``(c) Limitation.--American Samoa, the Commonwealth of the Northern 
Mariana Islands, Guam, and the Virgin Islands may not receive funds 
allotted under section 604(a).''.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

  Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 
et seq.) is amended by adding at the end the following:

``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

  ``There are authorized to be appropriated to carry out this title the 
following sums:
          ``(1) $2,400,000,000 for fiscal year 2021.
          ``(2) $2,600,000,000 for fiscal year 2022.
          ``(3) $2,800,000,000 for fiscal year 2023.
          ``(4) $3,000,000,000 for fiscal year 2024.
          ``(5) $3,200,000,000 for fiscal year 2025.''.

SEC. 15. TECHNICAL ASSISTANCE BY MUNICIPAL OMBUDSMAN.

  Section 4(b)(1) of the Water Infrastructure Improvement Act (42 
U.S.C. 4370j(b)(1)) is amended to read as follows:
          ``(1) technical and planning assistance to support 
        municipalities, including municipalities that are rural, small, 
        and tribal communities, in achieving and maintaining compliance 
        with enforceable deadlines, goals, and requirements of the 
        Federal Water Pollution Control Act; and''.

SEC. 16. REPORT ON FINANCIAL CAPABILITY OF MUNICIPALITIES.

  (a) Review.--The Administrator of the Environmental Protection Agency 
shall conduct a review of existing implementation guidance of the 
Agency for evaluating the financial resources a municipality has 
available to implement the requirements of the Federal Water Pollution 
Control Act to determine whether, and if so, how, such guidance needs 
to be revised.
  (b) Considerations.--In conducting the review under subsection (a), 
the Administrator shall consider--
          (1) the report by the National Academy of Public 
        Administration prepared for the Environmental Protection Agency 
        entitled ``Developing a New Framework for Community 
        Affordability of Clean Water Services'', dated October 2017;
          (2) the report developed by the National Environmental 
        Justice Advisory Council entitled ``EPA's Role in Addressing 
        the Urgent Water Infrastructure Needs of Environmental Justice 
        Communities'', dated August 2018, and made available on the 
        website of the Administrator in March 2019;
          (3) the report prepared for the American Water Works 
        Association, the National Association of Clean Water Agencies, 
        and the Water Environment Federation entitled ``Developing a 
        New Framework for Household Affordability and Financial 
        Capability Assessment in the Water Sector'', dated April 17, 
        2019;
          (4) the recommendations of the Environmental Financial 
        Advisory Board related to municipal financial capability 
        assessments, prepared at the request of the Administrator; and
          (5) any other information the Administrator considers 
        appropriate.
  (c) Engagement and Transparency.--In conducting the review under 
subsection (a), the Administrator shall--
          (1) after providing public notice, consult with, and solicit 
        advice and recommendations from, State and local governmental 
        officials and other stakeholders, including nongovernmental 
        organizations; and
          (2) ensure transparency in the consultation process.
  (d) Report.--Not later than 18 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, and make 
publicly available, a report on the results of the review conducted 
under subsection (a), including any recommendations for revisions to 
the guidance.

SEC. 17. REVIEW OF SECONDARY TREATMENT TECHNOLOGIES.

  (a) In General.--
          (1) Development of data collection means.--Not later than 180 
        days after the date of enactment of this Act, the Administrator 
        of the Environmental Protection Agency shall publish in the 
        Federal Register a notice to solicit public comment (including 
        the opportunity for public hearings and listening sessions) on 
        the collection of data regarding the existing capabilities of 
        publicly owned treatment works to reduce the effluent 
        concentration of pathogens (or pathogen indicators) in the 
        discharge of such treatment works, in order to determine an 
        appropriate means to collect such data in a sufficient amount, 
        and of a sufficient quality, to develop a representational 
        sample of such capabilities.
          (2) Data collection.--Not later than 18 months after the date 
        of enactment of this Act, the Administrator shall publish in 
        the Federal Register the data collection means determined 
        appropriate pursuant to paragraph (1) and initiate the 
        collection of data using such means.
          (3) Determination on secondary treatment regulations.--Upon 
        completion of data collection pursuant to paragraph (2), the 
        Administrator shall make the data available to the public and 
        make a determination whether such data support a revision to 
        the secondary treatment standard for pathogens (or pathogen 
        indicators) pursuant to section 304(d)(1) of the Federal Water 
        Pollution Control Act.
          (4) Limitation.--The Administrator may not propose or 
        finalize any modifications to requirements pursuant to section 
        402 of the Federal Water Pollution Control Act related to 
        wastewater blending, bypass, or peak wet weather discharges 
        from publicly owned treatment works until after the date on 
        which the Administrator makes a determination under paragraph 
        (3).
  (b) Definitions.--In this section:
          (1) Bypass.--The term ``bypass'' has the meaning given that 
        term in section 122.41(m) of title 40, Code of Federal 
        Regulations.
          (2) Treatment works.--The term ``treatment works'' has the 
        meaning given that term in section 212 of the Federal Water 
        Pollution Control Act.

                         Purpose of Legislation

    The purpose of H.R. 1497, the Water Quality Protection and 
Job Creation Act of 2019, as amended, is to restore and 
maintain the chemical, physical, and biological integrity of 
the nation's waters by reauthorizing Federal appropriations for 
capitalization grants to state water pollution control 
revolving funds and other clean water pollution control grant 
programs to address the discharge of pollution into 
jurisdictional waters.

                  Background and Need for Legislation

    The Committee on Transportation and Infrastructure 
Subcommittee on Water Resources and Environment has 
jurisdiction over water quality and wastewater infrastructure 
programs administered by the U.S. Environmental Protection 
Agency (EPA) under the Federal Water Pollution Control Act, 
more commonly known as the Clean Water Act.

The Importance of Investment in Wastewater Infrastructure

    To a great extent, improvements in water quality since the 
passage of the 1972 Clean Water Act have resulted from a 
significant investment in municipal wastewater infrastructure 
improvements throughout the nation. According to the 
Congressional Research Service, since 1972, the Federal 
government has provided more than $104 billion of financial 
assistance for wastewater infrastructure and other support to 
achieve compliance with the Clean Water Act, which has 
dramatically improved water quality and the health of the 
economy and the environment.\1\ However, according to the 
Congressional Budget Office, Federal investment in municipal 
wastewater infrastructure, as a percentage of the total amount 
invested from all public sources (including State and local 
funds) has been declining, and now accounts for less than one-
quarter of the total capital investment in municipal wastewater 
infrastructure.\2\ Today, the nationwide system of municipal 
wastewater infrastructure includes 16,000 publicly owned 
wastewater treatment facilities, 100,000 major pumping 
stations, 600,000 miles of sanitary sewers, and 200,000 miles 
of storm sewers.\3\
---------------------------------------------------------------------------
    \1\See Ramseur, Jonathan L., ``Wastewater Infrastructure: Overview, 
Funding, and Legislative Developments (R44963)'', Congressional 
Research Service, May 2018.
    \2\See ``Public Spending on Transportation and Water 
Infrastructure, 1956 to 2014'', Congressional Budget Office, March 
2015. See also, ``Public Spending on Transportation and Water 
Infrastructure, 1956 to 2017,'' Congressional Budget Office, October 
2018.
    \3\U.S. EPA., ``Primer for Municipal Wastewater Treatment Systems'' 
(EPA-832-R-04-001), September 2004.
---------------------------------------------------------------------------
    Investment in wastewater infrastructure has provided 
significant environmental, public health, and economic benefits 
to the nation. First, through the Federal construction grants 
program (Title II of the Clean Water Act), and now the Clean 
Water State Revolving Fund (Clean Water SRF) program (Title VI 
of the Clean Water Act), the investment in wastewater 
infrastructure has been integral to improving the quality of 
the nation's waters. The improvements to water quality realized 
through Federal, State, and local investment in municipal 
wastewater infrastructure have been significant, helping to 
increase the number of fishable and swimmable waters throughout 
the nation. As a result of the dramatic improvements in 
municipal wastewater infrastructure, waste loadings in 
municipal effluent discharges have decreased by one-half since 
the 1970s, despite the fact that the amount of generated 
municipal wastewaters grew by more than one-third during the 
same time period due to population growth and an expanded 
economy. The nation's farmers, fishermen, manufacturers, and 
recreational industries rely on clean water. The outdoor 
recreation economy alone generates $887 billion annually.\4\ 
Further, people spend approximately $70 billion per year on 
recreational boating and fishing.\5\
---------------------------------------------------------------------------
    \4\Outdoor Industry Association. (2017). The Outdoor Recreation 
Economy. Retrieved from https://outdoorindustry.org/wp-content/uploads/
2017/04/OIA_RecEconomy_FINAL_Single.pdf.
    \5\U.S. Environmental Protection Agency. (2012). The Importance of 
Water to the U.S. Economy, Part I: Background Report.
---------------------------------------------------------------------------

Clean Water Infrastructure Needs

    America's wastewater infrastructure needs further financial 
investment. According to the American Society of Civil 
Engineers 2017 Infrastructure Report Card, America's wastewater 
treatment infrastructure receives a grade of D+, which is only 
a slight improvement from its previous grade of D in the 2013 
Report Card.\6\
---------------------------------------------------------------------------
    \6\See 2017 Infrastructure Report Card ASCE. Retrieved from https:/
/www.infrastructurereportcard.org/cat-item/wastewater/.
---------------------------------------------------------------------------
    According to the EPA, the nation needs at least $271 
billion of investment over the next 20 years to bring their 
systems to a state of good repair.\7\ Given the current level 
of Federal investment to address these needs, States and cities 
are covering more than 95 percent of the total cost of water 
infrastructure (including capital and operations and 
maintenance costs).\8\
---------------------------------------------------------------------------
    \7\U.S. Environmental Protection Agency. (2016). Clean Watersheds 
Needs Survey 2012. Report to Congress. (EPA-830-R-15005). Retrieved 
from https://www.epa.gov/sites/production/files/2015-12/documents/
cwns_2012_report_to_congress-508-opt.pdf.
    \8\Kane, Joseph W. (2016). Investing in Water: Comparing Utility 
Finances and Economic Concerns across U.S. Cities. Retrieved from 
https://www.brookings.edu/research/investing-in-water-comparing-
utility-finances-and-economic-concerns-across-u-s-cities/.
---------------------------------------------------------------------------
    These statistics indicate a need for increased investment 
in our nation's water infrastructure, at all levels of 
government, and the benefits are numerous. Investing in clean 
water creates thousands of domestic jobs in the construction 
industry and reduces the overall costs of operating and 
maintaining that infrastructure. According to the National 
Utility Contractors Association, every $1 billion invested in 
our nation's water infrastructure can create or sustain nearly 
27,000 jobs in communities across America, while improving 
public health and the environment at the same time.\9\ In 
addition, water infrastructure helps prevent contamination of 
our nation's waters that are relied upon by the recreational 
industry. Fishing and water sports generates more than 1.52 
million jobs.\10\
---------------------------------------------------------------------------
    \9\National Utility Contractors Association (NUCA). (March 4, 
2019). Letter to Chairman Peter DeFazio in support of the Water Quality 
Protection and Job Creation Act of 2019. Retrieved from https://
transportation.house.gov/imo/media/doc/NUCA%20Letter%20of%20Support%20-
%20Water%20Quality%20Protection%20and%20Job%20Creation%20Act.pdf.
    \10\Outdoor Industry Association. (2017). The Outdoor Recreation 
Economy. Retrieved from https://outdoorindustry.org/wp-content/uploads/
2017/04/OIA_RecEconomy_FINAL_Single.pdf.
---------------------------------------------------------------------------

Clean Water Act Affordability

    Communities and governments at all levels face growing 
challenges in effectively managing the water resources 
necessary to support growing and shifting populations, thriving 
residential, commercial, industrial, and agricultural sectors, 
and healthy and productive natural environments. Many local 
governments also face complex affordability challenges--with 
some communities facing shrinking rate bases, while others with 
growing populations having increasing segments of their rate 
base that are unable to afford the rising costs of clean water 
thereby disproportionately impacting the poorest economic 
segments of many communities. Nationwide, wastewater utilities 
and municipalities of all sizes are seeking to provide clean, 
safe, accessible, and affordable water, along with addressing 
other challenges, such as responding to effects of extreme 
weather events, water quantity, and emerging water quality 
issues.
    In 2017, the National Academy of Public Administration 
(NAPA) issued a report that examined the challenges local 
communities face in providing clean, safe, and affordable water 
and wastewater services.\11\ This report concluded that the 
governmental responsibility to assure clean water that is also 
affordable to both communities and individuals has become an 
increasing challenge.\12\
---------------------------------------------------------------------------
    \11\Panel of the National Academy of Public Administrators for the 
U.S. Environmental Protection Agency. (2017). Developing a New 
Framework for Community Affordability of Clean Water Services. Academy 
Project Number: 2210. Retrieved from https://www.napawash.org/uploads/
Academy_Studies/NAPA_EPA_FINAL_REPORT_110117.pdf.
    \12\Id.
---------------------------------------------------------------------------
    Among other things, the report recognized that water 
infrastructure in the United States is aging, thereby imposing 
additional costs on communities to both upgrade and maintain 
deteriorating infrastructure from deferred maintenance.\13\ In 
addition, the report recognized the costs to communities to 
come into compliance with the Clean Water Act as an additional 
factor and highlighted the importance of more cost-effective 
and innovative solutions, such as increased use of green-
infrastructure approaches, stormwater recapture and reuse, and 
integrated planning, to address these challenges.\14\ Further, 
the report highlighted how affordability is an especially 
critical issue for low-income customers throughout the United 
States, noting that, while average annual expenditures for 
water are generally low relative to other utilities, they 
represent a higher share of income for those with the lowest 20 
percent of income.\15\
---------------------------------------------------------------------------
    \13\Id.
    \14\Id.
    \15\Id.
---------------------------------------------------------------------------
    In the 115th Congress, Congress approved two bills to 
address some of the challenges highlighted in the NAPA report. 
First, Congress approved the America's Water Infrastructure Act 
of 2018 (Pub. L. 115-270), which, among other things, expanded 
the eligibility of communities to receive Clean Water Act 
grants to address sewer overflows and to capture, treat, and 
reuse wastewater and stormwater runoff. In addition, Congress 
passed the Water Infrastructure Improvement Act (Pub. L. 115-
436), which codified the voluntary planning process described 
in the ``Integrated Municipal Stormwater and Wastewater 
Planning Approach Framework,'' issued by the EPA and dated June 
5, 2012 (2012 IP Framework). The 2012 IP Framework was designed 
to help communities meet their affordability challenges by 
allowing communities to prioritize and sequence stormwater and 
wastewater compliance investments while maintaining their 
statutory obligation to achieve improvements in local water 
quality. The 2012 IP Framework also encouraged the use of green 
infrastructure in the permitting and enforcement of the Clean 
Water Act.

Federal Clean Water Investment: Clean Water State Revolving Fund

    For more than 70 years, Congress has provided Federal funds 
to municipalities to address local water quality challenges, 
including sewage treatment needs. Initially, this assistance 
was provided as loans to States, municipalities, or interstate 
agencies for the construction of necessary treatment works to 
prevent the discharge by such State or municipality of 
untreated or inadequately treated sewage or other waste into 
interstate waters. (Federal Water Pollution Control Act (FWPCA) 
of 1948, Pub. L. 80-845, 62 Stat. 1155.) In later amendments to 
the FWPCA, Congress provided direct grants to municipalities. 
In the 1972 Amendments to the FWPCA, such grants covered 55 to 
75 percent of the total costs of the projects. Then, in 1987, 
Congress converted the direct grant program to the current 
Clean Water SRF authority that provides capitalization grant 
funding directly to States to capitalize the States' Clean 
Water SRFs (Pub.L. 100-4). These SRFs in-turn, provide below-
market rate loans to communities to finance local wastewater 
infrastructure needs (required to be fully-repaid over a 30-
year term).
    The authorization of appropriations for the Clean Water SRF 
expired after 1994. Yet, Congress has continued to fund, 
through annual appropriations legislation, the Clean Water SRF 
program because it provides a critical investment in the 
nation's wastewater infrastructure. Congressional 
appropriations have provided more than $43 billion in Federal 
capitalization assistance to States since 1987.\16\ Congress 
provided an appropriation of $1.694 billion for the Clean Water 
SRF in the fiscal year 2019 appropriations bill (Pub. L. 116-
6). In turn, this infusion of Federal capital to State 
revolving funds has leveraged over $133 billion in direct 
assistance to communities over this period.\17\
---------------------------------------------------------------------------
    \16\U.S. Environmental Protection Agency, Clean Water State 
Revolving Fund (CWSRF), https://www.epa.gov/cwsrf.
    \17\Id.
---------------------------------------------------------------------------
    In 2014, Congress enacted amendments to the Clean Water Act 
which authorized States that provide assistance to communities 
under the Clean Water SRF program to provide additional 
subsidization, including forgiveness of principal and negative 
interest loans to benefit a municipality that meets the 
affordability criteria of the State; or that seeks additional 
subsidization to benefit individual ratepayers in the 
municipality's residential user rate class that will experience 
a significant hardship from the increase in rates necessary to 
finance the project or activity for which assistance is sought.
    In addition, in recent years, the annual appropriations 
bills for EPA have included provisions to require States to use 
a portion of Clean Water SRF funding to provide communities 
with ``additional subsidy to eligible recipients in the form of 
forgiveness of principal, negative interest loans, or grants,'' 
as well as to reserve an additional portion of Clean Water SRF 
funding for ``projects to address green infrastructure, water 
or energy efficiency improvements, or other environmentally 
innovative activities.'' In addition, the annual appropriations 
bills for EPA have included reservations of funds from the 
Clean Water State Revolving Fund for projects, training, 
technical assistance, or education for Indian Tribes, 
Reservations, and Native Villages, and reservations of Clean 
Water SRF funding for the U.S. Territories.

                                Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the following hearings were used to develop or 
consider H.R. 1497, as amended:
    On February 7, 2019, the Committee on Transportation and 
Infrastructure held a hearing, entitled ``The Cost of Doing 
Nothing: Why Investing in Our Nation's Infrastructure Cannot 
Wait.'' The Committee received testimony from several witnesses 
on the current state of the nation's roads, bridges, transit 
systems, clean water systems, ports and inland waterways, and 
airports, as well as testimony on what will happen if the 
nation does not begin to address the backlog of infrastructure 
needs. Witnesses providing testimony at the hearing were: The 
Honorable Tim Walz, Governor, State of Minnesota; the Honorable 
Eric Garcetti, Mayor, City of Los Angeles, California; Ms. 
Angela Lee, Director, Charlotte (North Carolina) Water; and Mr. 
Larry Willis, President, Transportation Trades Department, AFL-
CIO.
    On March 7, 2019, the Subcommittee on Water Resources and 
Environment held a hearing, entitled ``The Clean Water State 
Revolving Fund: How Federal Infrastructure Investment Can Help 
Communities Modernize Water Infrastructure and Address 
Affordability Challenges.'' The Committee received testimony 
from Mayor David A. Condon, City of Spokane, Washington; Mr. 
John Mokszycki, Water and Sewer Superintendent, Town of 
Greenport, New York; Ms. Catherine Flowers, Rural Development 
Manager, The Equal Justice Initiative, Montgomery, Alabama; Ms. 
Maureen Taylor, State Chairperson, Michigan Welfare Rights 
Organization, Detroit, Michigan; Mr. Andrew Kricun, Executive 
Director/Chief Engineer, Camden County Municipal Utilities 
Authority, Camden, New Jersey; and Professor Jill Heaps, 
Assistant Professor of Law, Vermont Law School, Burlington, 
Vermont. The testimony examined the current state of the 
nation's clean water infrastructure needs and the 
infrastructure affordability challenges facing communities and 
American households. Witnesses also discussed the challenges 
facing urban and rural utilities, as well as individuals 
impacted by inadequate clean water infrastructure and 
affordability challenges and provided recommendations to 
address water infrastructure needs in communities.

                 Legislative History and Consideration

    On March 5, 2019, Chair Peter A. DeFazio (D-OR), 
Subcommittee Chairwoman Grace F. Napolitano (D-CA), and 
Representatives Don Young (R-AK), and John Katko (R-NY) 
introduced H.R. 1497, the Water Quality Protection and Job 
Creation Act of 2019. H.R. 1497 was referred to the Committee 
on Transportation and Infrastructure. Within the Committee, 
H.R. 1497 was referred to the Subcommittee on Water Resources 
and Environment.
    The Chair discharged the Subcommittee on Water Resources 
and Environment from further consideration of H.R. 1497 on 
October 29, 2019.
    The Committee on Transportation and Infrastructure met in 
open session to consider H.R. 1497 on October 29, 2019, and 
ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by voice vote with a 
quorum present.
    During consideration, the following amendments were 
offered:
    An Amendment in the Nature of a Substitute offered by Mr. 
DeFazio (#1); was AGREED TO by voice vote.
    An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Garamendi (#1A); consisting of the 
following amendments:
    Page 6, strike lines 7 through 18 and insert the following 
new paragraph entitled ``(a) Geographic Distribution.''.
    Page 7, strike lines 4 through 18(and redesignate 
accordingly).
    Page 7, insert after line 18 a new paragraph entitled ``(3) 
Exception for certain funds.'' ; was withdrawn by unanimous 
consent.

                            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. 1497, as amended.

                      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.

               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. 1497, as amended, 
from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 12, 2020.
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. 1497, the Water 
Quality Protection and Job Creation Act of 2019.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Stephen 
Rabent.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    
    

    The bill would
           Authorize appropriations for the 
        Environmental Protection Agency's (EPA's) Clean Water 
        State Revolving Fund program and amend the ways states 
        may use those funds
           Authorize appropriations for state 
        management assistance grants
           Authorize appropriations to fund grants for 
        sewer and stormwater projects, alternative water source 
        projects, and watershed pilot projects
           Amend the National Pollutant Discharge 
        Elimination System to allow EPA and states to issue 10-
        year instead of 5-year permits in certain circumstances
           Require EPA to report to the Congress
    Estimated budgetary effects would primarily stem from
           Amounts authorized to be appropriated to EPA
           Revenue losses from increased issuance of 
        tax-exempt bonds
           EPA's administrative costs
    Bill summary: H.R. 1497 would authorize appropriations for 
grants from the Environmental Protection Agency (EPA) for the 
current-law Clean Water State Revolving Fund (CWSRF) program 
and would change the ways that states can use those funds. The 
bill would authorize appropriations for EPA to provide grants 
for several types of water projects and to assist states in 
administering pollution control programs. In addition, under 
H.R. 1497, states and EPA could grant 10-year rather than 5-
year permits under the National Pollution Discharge Elimination 
System in certain circumstances. Finally, H.R. 1497 would amend 
the duties of the municipal ombudsman at EPA and direct EPA to 
report to the Congress on several matters.
    Estimated Federal cost: The estimated budgetary effect of 
H.R. 1497 is shown in Table 1. The costs of the legislation 
fall within budget function 300 (natural resources and 
environment).

                                                   TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 1497
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              By fiscal year, millions of dollars--
                                       -----------------------------------------------------------------------------------------------------------------
                                         2020   2021    2022    2023    2024    2025     2026     2027     2028     2029     2030   2020-2025  2020-2030
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Decreases in Revenues
 
Estimated Revenues....................      0       *      -4     -16     -39     -71     -109     -145     -172     -185     -190      -130       -932
 
                                                     Increases in Spending Subject to Appropriation
 
Estimated Authorization...............    262   2,878   3,091   3,301   3,511   3,716     n.e.     n.e.     n.e.      n.e      n.e    16,759       n.e.
Estimated Outlays.....................      1     332   1,690   2,582   3,051   3,381     n.e.     n.e.     n.e.      n.e      n.e    11,038       n.e.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sources: Congressional Budget Office; staff of the Joint Committee on Taxation.
Components may not sum to totals because of rounding; n.e. = not estimated; * = between -$500,000 and zero.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
1497 will be enacted by the end of 2020, the authorized and 
estimated amounts will be appropriated for each fiscal year, 
and spending will follow historical patterns for similar 
projects and programs.
    Revenues: The staff of the Joint Committee on Taxation 
(JCT) expects that some of the funds authorized to be 
appropriated by H.R. 1497 for CWSRF grants would be used by 
state and local governments to leverage additional funds 
through tax-exempt bonds. Therefore, JCT estimates that issuing 
additional tax-exempt bonds would reduce federal revenues by 
$932 million over the 2020-2030 period.
    Spending subject to appropriation: H.R. 1497 would 
specifically authorize the appropriation of $16.7 billion over 
the 2020-2025 period. Assuming appropriation of those amounts 
plus amounts needed for other required activities, CBO 
estimates that the bill would cost $11 billion over the same 
period (see Table 2).

               TABLE 2.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 1497
----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, millions of dollars--
                                                      ----------------------------------------------------------
                                                        2020    2021    2022    2023    2024    2025   2020-2025
----------------------------------------------------------------------------------------------------------------
CWSRF Grants:
    Authorization....................................       0   2,400   2,600   2,800   3,000   3,200    14,000
    Estimated Outlays................................       0     240   1,220   2,040   2,560   2,870     8,930
State Management Grants:
    Authorization....................................       0     240     250     260     270     275     1,295
    Estimated Outlays................................       0      36     218     251     261     270     1,034
Municipal Grants:
    Authorization....................................       0     225     225     225     225     225     1,125
    Estimated Outlays................................       0      20     107     172     214     225       738
Other Grant Programs:
    Authorization....................................     260       0       0       0       0       0       260
    Estimated Outlays................................       *      26     130     104       0       0       260
Administrative Costs:
    Estimated Authorization..........................       2      13      16      16      16      16        79
    Estimated Outlays................................       1      11      16      16      16      16        76
Total Changes:
    Estimated Authorization..........................     262   2,878   3,091   3,301   3,511   3,716    16,759
    Estimated Outlays................................       1     332   1,690   2,582   3,051   3,381    11,038
----------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; CWSRF = Clean Water State Revolving Fund; * = between zero
  and $500,000.

    Provisions with specified authorizations: H.R. 1497 would 
authorize appropriations totaling $16.7 billion over the 2020-
2025 period. CBO estimates that implementing those provisions 
would cost $11 billion over the 2020-2025 period and about $5.7 
billion after 2025.
    Clean Water State Revolving Fund Grants. H.R. 1497 would 
authorize the appropriation of specific amounts each year that 
total $14 billion over the 2021-2025 period for CWSRF grants to 
states. States use those amounts, along with state funds, to 
make loans and provide other assistance for water 
infrastructure projects. In 2020, $1.6 billion was appropriated 
to EPA for that purpose. The bill would change the distribution 
of funds among states by requiring EPA to reserve at least $30 
million of appropriated funds to support grants for projects 
that serve Indian tribes and to reserve 1.5 percent of 
appropriated funds for grants to U.S. territories. H.R. 1497 
also would amend states' use of capitalization grant funding by 
requiring at least 15 percent of funds to be used for green 
infrastructure, energy efficiency, or environmentally 
innovative projects; allowing states to provide additional loan 
subsidies; and permitting states to use 1 percent of funds on 
workforce development. Using information from EPA and 
historical spending information, CBO estimates that 
implementing those provisions would cost $8.9 billion over the 
2020-2025 period and about $5.1 billion after 2025.
    State Management Grants. H.R. 1497 would authorize the 
appropriation of specific amounts each year that total $1.3 
billion over the 2021-2025 period for grants to states to 
establish and maintain pollution control programs. In 2020, 
$223 million was appropriated to EPA for that purpose. CBO 
estimates that implementing the provision would cost $1 billion 
over the 2021-2025 period and $300 million after 2025.
    Municipal Grants. H.R. 1497 would authorize the 
appropriation of $225 million a year through 2025, totaling 
$1.1 billion, for grants to states to support planning, design, 
and construction of municipal stormwater projects. In 2020, $28 
million was appropriated to EPA for that purpose. CBO estimates 
that implementing the provision would cost $738 million over 
the 2020-2025 period and about $400 million after 2025.
    Other Grant Programs. H.R. 1497 would authorize the 
appropriation of $110 million for technical assistance and 
grant funding to support watershed and stormwater pilot 
projects. The bill also would authorize the appropriation of 
$150 million for grants to support alternative water source 
projects. Because neither program received an appropriation in 
2020, CBO assumes that the amounts authorized under H.R. 1497 
would be for 2020. CBO estimates that implementing those 
provisions would cost $260 million over the 2020-2024 period.
    Administrative costs: H.R. 1497 would authorize 
appropriations for five grant programs, and CBO expects that 
those amounts, other than the funds authorized for Sewer 
Overflow and Stormwater Reuse Municipal grants, would be used 
entirely for grants and could not be used for administrative 
costs. EPA also would require funding for the administrative 
costs of operating, and in some cases establishing, those 
programs. Using information from EPA about the resources 
required to operate the grant programs authorized under H.R. 
1497, CBO estimates that the agency would eventually require 
about 65 employees, at a cost of $180,000 each, to develop and 
administer the authorized programs. The total cost would be 
about $55 million over the 2020-2025 period.
    H.R. 1497 also would require EPA to promulgate rules, 
produce reviews and reports, and amend program rules. For 
example, EPA would be required to amend the National Pollution 
Elimination Discharge System regulations to allow a discharge 
permit to be granted for up to 10 years if the permittee meets 
certain requirements. EPA also would be required to collect and 
make publicly available data on the ability of water treatment 
works to reduce pathogen concentrations in their discharge. In 
total, CBO estimates, implementing those provisions would cost 
EPA $21 million over the 2020-2025 period.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in revenues that are subject to those 
pay-as-you-go procedures are shown in Table 3.

 TABLE 3.--CBO'S ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS OF H.R. 1497, THE WATER QUALITY PROTECTION AND JOB CREATION ACT OF 2019, AS REPORTED BY
                                      THE HOUSE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE ON OCTOBER 29, 2019
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     By fiscal year, millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2020   2021   2022   2023   2024   2025   2026   2027   2028   2029   2030  2020-2025  2020-2030
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Net Increase in the Deficit
 
Pay-As-You-Go Effect.................................      0      0      4     16     39     71    109    145    172    185    190       130        932
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term deficits: CBO estimates that enacting 
H.R. 1497 would not increase on-budget deficits by more than $5 
billion in any of the four consecutive 10-year periods 
beginning in 2031.
    Mandates: None.
    Estimate prepared by: Federal costs: Stephen Rabent; 
Mandates: Lilia Ledezma.
    Estimate reviewed by: Kim P. Cawley, Chief, Natural and 
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, 
Deputy Director of Budget Analysis; Theresa Gullo, Director of 
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 this legislation is to 
restore and maintain the chemical, physical, and biological 
integrity of the nation's waters by reauthorizing Federal 
appropriations to provide financial assistance to States and 
communities for the construction of wastewater infrastructure, 
and for other purposes.

                    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. 1497, as amended, 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 (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 finds that H.R. 1497, as amended, 
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 (Public Law 
104-1).

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section provides that this bill may be cited as the 
``Water Quality Protection and Job Creation Act of 2019''.

Sec. 2. Wastewater infrastructure workforce investment

    This section requires the EPA Administrator to issue a 
report to Congress on the current and future workforce needs of 
public wastewater treatment utilities and actions, including 
Federal investments, that can be taken to promote workforce 
development to address these needs.

Sec. 3. State management assistance

    This section authorizes a total of $1.295 billion of 
appropriations over fiscal years 2021 through 2024 in grants to 
States to assist in implementing State water quality 
improvement programs (under section 106 of the Clean Water 
Act).

Sec. 4. Watershed, wet weather, and resiliency projects

    This section amends section 122 of the Clean Water Act to 
authorize a new grant eligibility for public wastewater 
utilities to assess and address future risks posed by manmade 
or natural disasters, including extreme weather events and sea-
level rise. This section authorizes a total of $110 million of 
appropriations to municipalities to carry out watershed, wet 
weather, and resiliency projects.
    The section also provides that not less than 15 percent of 
the amounts appropriated pursuant to this section in a fiscal 
year shall be used to provide assistance to municipalities with 
a population of less than 10,000, to the extent there are 
sufficient eligible applications.

Sec. 5. Pilot program for alternative water source projects

    This section amends section 220 of the Clean Water Act to 
authorize a total of $150 million of appropriations for grants 
to eligible entities to carry out alternative water source 
projects. This section expands the types of projects eligible 
to receive funding under this authority to include projects 
that reclaim stormwater, as well as certain projects that may 
be authorized under the Reclamation Projects Authorization and 
Adjustment Act of 1992 (Reclamation Act).
    However, this section explicitly excludes from eligibility 
for assistance under section 220 of the Clean Water Act any 
project authorized under the Reclamation Act that has received 
construction funding under that authority. Authorized projects 
under the Reclamation Act that have received planning or design 
(but not construction) funding under that authority may utilize 
funds under section 220 for planning, design, and construction. 
However, the total Federal share of the costs for such projects 
from all sources (including both the Reclamation Act and 
section 220) shall not exceed 25 percent of the total cost of 
the project or $20 million, whichever is lower. In awarding 
grants under this section, the Committee expects that the 
Administrator will evaluate all proposals for alternative water 
source projects and award grants to eligible projects based on 
the criteria established by this section. The Committee does 
not intend for this authority simply to fund previously 
authorized projects under the Reclamation Act.
    The section also provides that not less than 15 percent of 
the amounts appropriated pursuant to this section in a fiscal 
year shall be used to provide assistance to eligible entities 
for projects designed to serve fewer than 10,000 individuals, 
to the extent there are sufficient eligible applications.

Sec. 6. Sewer overflow and stormwater reuse municipal grants

    This section amends section 221 of the Clean Water Act to 
extend the current authorization of appropriations ($225 
million annually for fiscal years 2019 and 2020) for sewer 
overflow and stormwater reuse grants through fiscal year 2025, 
as well as provides for a greater Federal cost share of 
projects that serve financially distressed communities.
    The section also provides that, of the amounts granted to 
municipalities in a State, not less than 20 percent shall be 
granted to municipalities with a population of less than 
20,000, to the extent there are sufficient eligible 
applications.

Sec. 7. National Pollutant Discharge Elimination System

    This section amends section 402 of the Clean Water Act to 
authorize approved States to issue a permit for ``covered 
discharges'' to an ``eligible municipality'' for up to 10 years 
in duration. This section creates a new subsection (t) within 
section 402 that defines the scope of covered discharges and 
eligible municipalities authorized to apply for extended 
permits terms; and directs the EPA Administrator, within 1 year 
of the date of enactment, to issue a rulemaking to implement 
the provisions of subsection (t). This modification to the 
NPDES permit program provides approved State permitting 
authorities with the ability to take into account circumstances 
unique to each eligible municipal permittee such as 
construction schedules and life cycles of treatment 
technologies.
    Included within that rulemaking is a requirement that the 
Administrator define the term ``eligible municipality,'' 
including establishing the criteria for a ``municipality with a 
history of compliance with [the Clean Water Act].'' The 
Committee intends that eligibility for extended permits (over 5 
years) be limited to municipalities that are good actors and 
have been generally in compliance with the requirements of the 
Act. The Committee would expect that any municipality that is 
currently (or in the past 10 years has been) in significant 
noncompliance of the Act would not have a history of compliance 
with the Act.
    Section 7 of the bill also amends section 402 of the Clean 
Water Act to limit the ability of NPDES permits to continue in 
force beyond the last day of a permit's fixed term, by stating 
that NPDES permits (both existing 5 year permits as well as 
potential future permits of up to 10 years in duration 
authorized by this section) may not exceed their statutory 
duration term, except as provided in a process, described in 
this section, that is intended to ensure that States (and/or 
EPA) review, potentially revise, and reissue such permits.

Sec. 8. Reports to Congress

    This section directs the Administrator to include in its 
statutorily required, biennial needs assessment report, an 
estimate of the costs to implement resiliency and 
sustainability measures at publicly owned treatment works.
    Section 516 of the Clean Water Act requires the 
Administrator, in cooperation with the States, including water 
pollution control agencies and other water pollution control 
planning agencies, to prepare, and biennially revise, a 
detailed cost estimate on the cost of construction of all 
needed publicly owned treatment works in each of the States. 
This state-by-state survey on clean water infrastructure needs 
is critical to understanding the overall scale of wastewater 
infrastructure needs facing the nation, and for ensuring robust 
Federal participation in addressing that need. The Committee 
notes that the last Clean Water Needs Survey was provided to 
Congress in January 2016, and includes information gathered 
from the States prior to 2012.\18\
---------------------------------------------------------------------------
    \18\U.S. Environmental Protection Agency. (2016). Clean Watersheds 
Needs Survey 2012. Report to Congress. (EPA-830-R-15005). Retrieved 
from https://www.epa.gov/sites/production/files/2015-12/documents/
cwns_2012_report_to_congress-508-opt.pdf.
---------------------------------------------------------------------------
    Pursuant to section 516 of the Clean Water Act, the EPA 
Administrator should have provided the Congress with a revised 
Clean Water Needs Survey in 2018; however, no such report has 
been released so far. The Committee expects the EPA 
Administrator to follow their legal responsibility under 
section 516 to report to Congress every two years on the 
overall clean water needs facing the nation and to immediately 
provide an updated Clean Water Needs Survey to Congress.

Sec. 9. Indian Tribes

    This section codifies, in the Clean Water Act, the annual 
reservation of funds from the Clean Water State Revolving Fund 
(SRF), two percent of annual SRF capitalization grant or $30 
million, whichever is greater, for projects, training, 
technical assistance, or education for Indian Tribes, 
Reservations, and Native Villages. This provision has been 
included in annual Congressional appropriations legislation 
covering the Clean Water SRF over the past several years.

Sec. 10. Capitalization grants

    This section amends section 602 of the Clean Water Act to: 
(1) require utilities that utilize the Clean Water SRF to 
consider modifications that promote efficient energy use at the 
utility (such as technologies that capture and reuse methane 
produced in the treatment of wastewater); and (2) requires a 
minimum of 15 percent of Clean Water SRF capitalization grants 
be directed towards projects which address green 
infrastructure, water or energy efficiency improvements, or 
other environmentally innovative projects. Potentially eligible 
projects include, but are not limited to, replacing inefficient 
pumps or pumping systems; rain gardens; permeable pavements; 
green roofs; bioswales; and rainwater harvesting.

Sec. 11. Water pollution control revolving loan funds

    This section authorizes the use of grants as an eligible 
means of providing State assistance and directs States, for 
each of fiscal years 2021 through 2025, to utilize a minimum of 
10 percent of their annual Clean Water SRF funding to provide 
additional subsidization (including grants) to municipalities 
that use SRF funds.

Sec. 12. Allotment of funds

    This section authorizes States to use up to one percent of 
their annual Clean Water SRF capitalization grant to promote 
workforce development and utility worker training and education 
programs using existing Clean Water Act authorities.

Sec. 13. Reservation of funds for territories of the United States

    This section codifies the annual reservation of 1.5 percent 
of Clean Water SRF funding for the U.S. Territories, and 
authorizes the U.S. Territories to use this funding for 
projects and activities eligible under section 603(c) of the 
Clean Water Act. This provision has been included in annual 
Congressional appropriations legislation covering the Clean 
Water SRF over the past several years.

Sec. 14. Authorization of appropriations

    This section provides a total of $14 billion in funding 
authorizations for the Clean Water SRF program for fiscal years 
2021 through 2025.

Sec. 15. Technical assistance by municipal ombudsman

    This section amends the existing authority for EPA to 
establish a Municipal Ombudsman Office within the agency to 
include assistance to rural, small, and tribal communities.

Sec. 16. Report on financial capability of municipalities

    This section directs the Administrator to review existing 
EPA guidance on evaluating the financial resources a 
municipality has available to implement the requirements of the 
Clean Water Act. The section directs the Administrator to 
consult with, and solicit advice and recommendations from, 
State and local government officials and other stakeholders, 
and to consider several public reports, as well as 
recommendations of the Environmental Financial Advisory Board. 
The section also directs the Administrator to report to 
Congress, within 18 months, on the results of this review, 
including any recommendations for revisions to the guidance.

Sec. 17. Review of secondary treatment technologies

    This section directs the Administrator to investigate the 
capabilities of publicly owned treatment works to reduce the 
effluent concentrations of pathogens in their discharges, and 
to determine whether such information supports potential 
revisions to the secondary treatment standard under the Clean 
Water Act for pathogens. This section also prohibits any 
regulatory changes related to wastewater blending, bypass, or 
peak wet weather discharges, until this determination is 
completed.

         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 italics, and existing law in which no 
change is proposed is shown in roman):

                  FEDERAL WATER POLLUTION CONTROL ACT



           *       *       *       *       *       *       *
TITLE I--RESEARCH AND RELATED PROGRAMS

           *       *       *       *       *       *       *


          research, investigations, training, and information

  Sec. 104. (a) The Administrator shall establish national 
programs for the prevention, reduction, and elimination of 
pollution and as part of such programs shall--
          (1) in cooperation with other Federal, State, and 
        local agencies, conduct and promote the coordination 
        and acceleration of, research, investigations, 
        experiments, training, demonstrations, surveys, and 
        studies relating to the causes, effects, extent, 
        prevention, reduction, and elimination of pollution;
          (2) encourage, cooperate with, and render technical 
        services to pollution control agencies and other 
        appropriate public or private agencies, institutions, 
        and organizations, and individuals, including the 
        general public, in the conduct of activities referred 
        to in paragraph (1) of this subsection;
          (3) conduct, in cooperation with State water 
        pollution control agencies and other interested 
        agencies, organizations and persons, public 
        investigations concerning the pollution of any 
        navigable waters, and report on the results of such 
        investigations;
          (4) establish advisory committees composed of 
        recognized experts in various aspects of pollution and 
        representatives of the public to assist in the 
        examination and evaluation of research progress and 
        proposals and to avoid duplication of research;
          (5) in cooperation with the States, and their 
        political subdivisions, and other Federal agencies 
        establish, equip, and maintain a water quality 
        surveillance system for the purpose of monitoring the 
        quality of the navigable waters and ground waters and 
        the contiguous zone and the oceans and the 
        Administrator shall, to the extent practicable, conduct 
        such surveillance by utilizing the resources of the 
        National Aeronautics and Space Administration, the 
        National Oceanic and Atmospheric Administration, the 
        Geological Survey, and the Coast Guard, and shall 
        report on such quality in the report required under 
        subsection (a) of section 516; and
          (6) initiate and promote the coordination and 
        acceleration of research designed to develop the most 
        effective practicable tools and techniques for 
        measuring the social and economic costs and benefits of 
        activities which are subject to regulations under this 
        Act; and shall transmit a report on the results of such 
        research to the Congress not later than January 1, 
        1974.
  (b) In carrying out the provisions of subsection (a) of this 
section the Administrator is authorized to--
          (1) collect and make available, through publications 
        and other appropriate means, the results of and other 
        information, including appropriate recommendations by 
        him in connection therewith, pertaining to such 
        research and other activities referred to in paragraph 
        (1) of subsection (a);
          (2) cooperate with other Federal departments and 
        agencies, State water pollution control agencies, 
        interstate agencies, other public and private agencies, 
        institutions, organizations, industries involved, and 
        individuals, in the preparation and conduct of such 
        research and other activities referred to in paragraph 
        (1) of subsection (a);
          (3) make grants to State water pollution control 
        agencies, interstate agencies, other public or 
        nonprofit private agencies, institutions, 
        organizations, and individuals, for purposes stated in 
        paragraph (1) of subsection (a) of this section;
          (4) contract with public or private agencies, 
        institutions, organizations, and individuals, without 
        regard to sections 3648 and 3709 of the Revised 
        Statutes (31 U.S.C. 529; 41 U.S.C. 5), referred to in 
        paragraph (1) of subsection (a);
          (5) establish and maintain research fellowships at 
        public or nonprofit private educational institutions or 
        research organizations;
          (6) collect and disseminate, in cooperation with 
        other Federal departments and agencies, and with other 
        public or private agencies, institutions, and 
        organizations having related responsibilities, basic 
        data on chemical, physical, and biological effects of 
        varying water quality and other information pertaining 
        to pollution and the prevention, reduction, and 
        elimination thereof;
          (7) develop effective and practical processes, 
        methods, and prototype devices for the prevention, 
        reduction, and elimination of pollution; and
          (8) make grants to nonprofit organizations--
                  (A) to provide technical assistance to rural, 
                small, and tribal municipalities for the 
                purpose of assisting, in consultation with the 
                State in which the assistance is provided, such 
                municipalities and tribal governments in the 
                planning, developing, and acquisition of 
                financing for eligible projects and activities 
                described in section 603(c);
                  (B) to provide technical assistance and 
                training for rural, small, and tribal publicly 
                owned treatment works and decentralized 
                wastewater treatment systems to enable such 
                treatment works and systems to protect water 
                quality and achieve and maintain compliance 
                with the requirements of this Act; and
                  (C) to disseminate information to rural, 
                small, and tribal municipalities and 
                municipalities that meet the affordability 
                criteria established under section 603(i)(2) by 
                the State in which the municipality is located 
                with respect to planning, design, construction, 
                and operation of publicly owned treatment works 
                and decentralized wastewater treatment systems.
  (c) In carrying out the provisions of subsection (a) of this 
section the Administrator shall conduct research on, and survey 
the results of other scientific studies on, the harmful effects 
on the health or welfare of persons caused by pollutants. In 
order to avoid duplication of effort, the Administrator shall, 
to the extent practicable, conduct such research in cooperation 
with and through the facilities of the Secretary of Health, 
Education, and Welfare.
  (d) In carrying out the provisions of this section the 
Administrator shall develop and demonstrate under varied 
conditions (including conducting such basic and applied 
research, studies, and experiments as may be necessary):
          (1) Practicable means of treating municipal sewage, 
        and other waterborne wastes to implement the 
        requirements of section 201 of this Act;
          (2) Improved methods and procedures to identify and 
        measure the effects of pollutants, including those 
        pollutants created by new technological developments; 
        and
          (3) Methods and procedures for evaluating the effects 
        on water quality of augmented streamflows to control 
        pollution not susceptible to other means of prevention, 
        reduction, or elimination.
  (e) The Administrator shall establish, equip, and maintain 
field laboratory and research facilities, including, but not 
limited to, one to be located in the northeastern area of the 
United States, one in the Middle Atlantic area, one in the 
southeastern area, one in the midwestern area, one in the 
southwestern area, one in the Pacific Northwest, and one in the 
State of Alaska, for the conduct of research, investigations, 
experiments, field demonstrations and studies, and training 
relating to the prevention, reduction and elimination of 
pollution. Insofar as practicable, each such facility shall be 
located near institutions of higher learning in which graduate 
training in such research might be carried out. In conjunction 
with the development of criteria under section 403 of this Act, 
the Administrator shall construct the facilities authorized for 
the National Marine Water Quality Laboratory established under 
this subsection.
  (f) The Administrator shall conduct research and technical 
development work, and make studies, with respect to the quality 
of the waters of the Great Lakes, including an analysis of the 
present and projected future water quality of the Great Lakes 
under varying conditions of waste treatment and disposal, an 
evaluation of the water quality needs of those to be served by 
such waters, an evaluation of municipal, industrial, and vessel 
waste treatment and disposal practices with respect to such 
waters, and a study of alternate means of solving pollution 
problems (including additional waste treatment measures) with 
respect to such waters.
  (g)(1) For the purpose of providing an adequate supply of 
trained personnel to operate and maintain existing and future 
treatment works and related activities, and for the purpose of 
enhancing substantially the proficiency of those engaged in 
such activities, the Administrator shall finance pilot 
programs, in cooperation with State and interstate agencies, 
municipalities, educational institutions, and other 
organizations and individuals, of [manpower] workforce 
development and training and retraining of persons in, on 
entering into, the field of operation and maintenance of 
treatment works and related activities. Such program and any 
funds expended for such a program shall supplement, not 
supplant, other [manpower] workforce and training programs and 
funds available for the purposes of this paragraph. The 
Administrator is authorized, under such terms and conditions as 
he deems appropriate, to enter into agreements with one or more 
States, acting jointly or severally, or with other public or 
private agencies or institutions for the development and 
implementation of such a program.
  (2) The Administrator is authorized to enter into agreements 
with public and private agencies and institutions, and 
individuals to develop and maintain an effective system for 
forecasting the supply of, and demand for, various professional 
and other occupational categories needed for the prevention, 
reduction, and elimination of pollution in each region, State, 
or area of the United States and, from time to time, to publish 
the results of such forecasts.
  (3) In furtherance of the purposes of this Act, the 
Administrator is authorized to--
          (A) make grants to public or private agencies and 
        institutions and to individuals for training projects, 
        and provide for the conduct of training by contract 
        with public or private agencies and institutions and 
        with individuals without regard to sections 3648 and 
        3709 of the Revised Statutes;
          (B) establish and maintain research fellowships in 
        the Environmental Protection Agency with such stipends 
        and allowances, including traveling and subsistence 
        expenses, as he may deem necessary to procure the 
        assistance of the most promising research fellows; and
          (C) provide, in addition to the program established 
        under paragraph (1) of this subsection, training in 
        technical matters relating to the causes, prevention, 
        reduction, and elimination of pollution for personnel 
        of public agencies and other persons with suitable 
        qualifications.
  [(4) The Administrator shall submit, through the President, a 
report to the Congress not later than December 31, 1973, 
summarizing the actions taken under this subsection and the 
effectiveness of such actions, and setting forth the number of 
persons trained, the occupational categories for which training 
was provided, the effectiveness of other Federal, State, and 
local training programs in this field, together with estimates 
of future needs, recommendations on improving training 
programs, and such other information and recommendations, 
including legislative recommendations, as he deems 
appropriate.]
          (4) Report to congress on publicly owned treatment 
        works workforce development.--Not later than 2 years 
        after the date of enactment of the Water Quality 
        Protection and Job Creation Act of 2019, 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 containing--
                  (A) an assessment of the current and future 
                workforce needs for publicly owned treatment 
                works, including an estimate of the number of 
                future positions needed for such treatment 
                works and the technical skills and education 
                needed for such positions;
                  (B) a summary of actions taken by the 
                Administrator, including Federal investments 
                under this Act, that promote workforce 
                development to address such needs; and
                  (C) any recommendations of the Administrator 
                to address such needs.
  (h) The Administrator is authorized to enter into contracts, 
with, or make grants to, public or private agencies and 
organizations and individuals for (A) the purpose of developing 
and demonstrating new or improved methods for the prevention, 
removal, reduction, and elimination of pollution in lakes, 
including the undesirable effects of nutrients and vegetation, 
and (B) the construction of publicly owned research facilities 
for such purpose.
  (i) The Administrator, in cooperation with the Secretary of 
the department in which the Coast Guard is operating, shall--
          (1) engage in such research, studies, experiments, 
        and demonstrations as he deems appropriate, relative to 
        the removal of oil from any waters and to the 
        prevention, control, and elimination of oil and 
        hazardous substances pollution;
          (2) publish from time to time the results of such 
        activities; and
          (3) from time to time, develop and publish in the 
        Federal Register specifications and other technical 
        information on the various chemical compounds used in 
        the control of oil and hazardous substances spills.
In carrying out this subsection, the Administrator may enter 
into contracts with, or make grants to, public or private 
agencies and organizations and individuals.
  (j) The Secretary of the department in which the Coast Guard 
is operating shall engage in such research, studies, 
experiments, and demonstrations as he deems appropriate 
relative to equipment which is to be installed on board a 
vessel and is designed to receive, retain, treat, or discharge 
human body wastes and the wastes from toilets and other 
receptacles intended to receive or retain body wastes with 
particular emphasis on equipment to be installed on small 
recreational vessels. The Secretary of the department in which 
the Coast Guard is operating shall report to Congress the 
results of such research, studies, experiments, and 
demonstrations prior to the effective date of any regulations 
established under section 312 of this Act. In carrying out this 
subsection the Secretary of the department in which the Coast 
Guard is operating may enter into contracts with, or make 
grants to, public or private organizations and individuals.
  (k) In carrying out the provisions of this section relating 
to the conduct by the Administrator of demonstration projects 
and the development of field laboratories and research 
facilities, the Administrator may acquire land and interests 
therein by purchase, with appropriated or donated funds, by 
donation, or by exchange for acquired or public lands under his 
jurisdiction which he classifies as suitable for disposition. 
The values of the properties so exchanged either shall be 
approximately equal, or if they are not approximately equal, 
the values shall be equalized by the payment of cash to the 
grantor or to the Administrator as the circumstances require.
  (l)(1) The Administrator shall, after consultation with 
appropriate local, State, and Federal agencies, public and 
private organizations, and interested individuals, as soon as 
practicable but not later than January 1, 1973, develop and 
issue to the States for the purpose of carrying out this Act 
the latest scientific knowledge available in indicating the 
kind and extent of effects on health and welfare which may be 
expected from the presence of pesticides in the water in 
varying quantities. He shall revise and add to such information 
whenever necessary to reflect developing scientific knowledge.
  (2) The President shall, in consultation with appropriate 
local, State, and Federal agencies, public and private 
organizations, and interested individuals, conduct studies and 
investigations of methods to control the release of pesticides 
into the environment which study shall include examination of 
the persistency of pesticides in the water environment and 
alternatives thereto. The President shall submit reports, from 
time to time, on such investigations to Congress together with 
his recommendations for any necessary legislation.
  (m)(1) The Administrator shall, in an effort to prevent 
degradation of the environment from the disposal of waste oil, 
conduct a study of (A) the generation of used engine, machine, 
cooling, and similar waste oil, including quantities generated, 
the nature and quality of such oil, present collecting methods 
and disposal practices, and alternate uses of such oil; (B) the 
long-term, chronic biological effects of the disposal of such 
waste oil; and (C) the potential market for such oils, 
including the economic and legal factors relating to the sale 
of products made from such oils, the level of subsidy, if any, 
needed to encourage the purchase by public and private 
nonprofit agencies of products from such oil, and the 
practicability of Federal procurement, on a priority basis, of 
products made from such oil. In conducting such study, the 
Administrator shall consult with affected industries and other 
persons.
  (2) The Administrator shall report the preliminary results of 
such study to Congress within six months after the date of 
enactment of the Federal Water Pollution Control Act Amendments 
of 1972, and shall submit a final report to Congress within 18 
months after such date of enactment.
  (n)(1) The Administrator shall, in cooperation with the 
Secretary of the Army, the Secretary of Agriculture, the Water 
Resources Council, and with other appropriate Federal, State, 
interstate, or local public bodies and private organizations, 
institutions, and individuals, conduct and promote, encourage 
contributions to, continuing comprehensive studies of the 
effects of pollution, including sedimentation, in the estuaries 
and estuarine zones of the United States on fish and wildlife, 
on sport and commercial fishing, on recreation, on water supply 
and water power, and on other beneficial purposes. Such studies 
shall also consider the effect of demographic trends, the 
exploitation of mineral resources and fossil fuels, land and 
industrial development, navigation, flood and erosion control, 
and other uses of estuaries and estuarine zones upon the 
pollution of the waters therein.
  (2) In conducting such studies, the Administrator shall 
assemble, coordinate, and organize all existing pertinent 
information on the Nation's estuaries and estuarine zones; 
carry out a program of investigations and surveys to supplement 
existing information in representative estuaries and estuarine 
zones; and identify the problems and areas where further 
research and study are required.
  (3) The Administrator shall submit to Congress, from time to 
time, reports of the studies authorized by this subsection but 
at least one such report during any six-year period. Copies of 
each such report shall be made available to all interested 
parties, public and private.
  (4) For the purpose of this subsection, the term ``estuarine 
zones'' means an environmental system consisting of an estuary 
and those transitional areas which are consistently influenced 
or affected by water from an estuary such as, but not limited 
to, salt marshes, coastal and intertidal areas, bays, harbors, 
lagoons, inshore waters, and channels, and the term ``estuary'' 
means all or part of the mouth of a river or stream or other 
body of water having unimpaired natural connection with open 
sea and within which the sea water is measurably diluted with 
fresh water derived from land drainage.
  (o)(1) The Administrator shall conduct research and 
investigations on devices, systems, incentives, pricing policy, 
and other methods of reducing the total flow of sewage, 
including, but not limited to, unnecessary water consumption in 
order to reduce the requirements for, and the costs of, sewage 
and waste treatment services. Such research and investigations 
shall be directed to develop devices, systems, policies, and 
methods capable of achieving the maximum reduction of 
unnecessary water consumption.
  (2) The Administrator shall report the preliminary results of 
such studies and investigations to the Congress within one year 
after the date of enactment of the Federal Water Pollution 
Control Act Amendments of 1972, and annually thereafter in the 
report required under subsection (a) of section 516. Such 
report shall include recommendations for any legislation that 
may be required to provide for the adoption and use of devices, 
systems, policies, or other methods of reducing water 
consumption and reducing the total flow of sewage. Such report 
shall include an estimate of the benefits to be derived from 
adoption and use of such devices, systems, policies, or other 
methods and also shall reflect estimates of any increase in 
private, public, or other cost that would be occasioned 
thereby.
  (p) In carrying out the provisions of subsection (a) of this 
section the Administrator shall, in cooperation with the 
Secretary of Agriculture, other Federal agencies, and the 
States, carry out a comprehensive study and research program to 
determine new and improved methods and the better application 
of existing methods of preventing, reducing, and eliminating 
pollution from agriculture, including the legal, economic, and 
other implications of the use of such methods.
  (q)(1) The Administrator shall conduct a comprehensive 
program of research and investigation and pilot project 
implementation into new and improved methods of preventing, 
reducing, storing, collecting, treating, or otherwise 
eliminating pollution from sewage in rural and other areas 
where collection of sewage in conventional, community-wide 
sewage collection systems is impractical, uneconomical, or 
otherwise infeasible, or where soil conditions or other factors 
preclude the use of septic tank and drainage field systems.
  (2) The Administrator shall conduct a comprehensive program 
of research and investigation and pilot project implementation 
into new and improved methods for the collection and treatment 
of sewage and other liquid wastes combined with the treatment 
and disposal of solid wastes.
  (3) The Administrator shall establish, either within the 
Environmental Protection Agency, or through contract with an 
appropriate public or private non-profit organization, a 
national clearinghouse which shall (A) receive reports and 
information resulting from research, demonstrations, and other 
projects funded under this Act related to paragraph (1) of this 
subsection and to subsection (e)(2) of section 105; (B) 
coordinate and disseminate such reports and information for use 
by Federal and State agencies, municipalities, institutions, 
and persons in developing new and improved methods pursuant to 
this subsection; and (C) provide for the collection and 
dissemination of reports and information relevant to this 
subsection from other Federal and State agencies, institutions, 
universities, and persons.
          (4) Small flows clearinghouse.--Notwithstanding 
        section 205(d) of this Act, from amounts that are set 
        aside for a fiscal year under section 205(i) of this 
        Act and are not obligated by the end of the 24-month 
        period of availability for such amounts under section 
        205(d), the Administrator shall make available 
        $1,000,000 or such unobligated amount, whichever is 
        less, to support a national clearinghouse within the 
        Environmental Protection Agency to collect and 
        disseminate information on small flows of sewage and 
        innovative or alternative wastewater treatment 
        processes and techniques, consistent with paragraph 
        (3). This paragraph shall apply with respect to amounts 
        set aside under section 205(i) for which the 24-month 
        period of availability referred to in the preceding 
        sentence ends on or after September 30, 1986.
  (r) The Administrator is authorized to make grants to 
colleges and universities to conduct basic research into the 
structure and function of fresh water aquatic ecosystems, and 
to improve understanding of the ecological characteristics 
necessary to the maintenance of the chemical, physical, and 
biological integrity of freshwater aquatic ecosystems.
  (s) The Administrator is authorized to make grants to one or 
more institutions of higher education (regionally located and 
to be designated as ``River Study Centers'') for the purpose of 
conducting and reporting on interdisciplinary studies on the 
nature of river systems, including hydrology, biology, ecology, 
economics, the relationship between river uses and land uses, 
and the effects of development within river basins on river 
systems and on the value of water resources and water related 
activities. No such grant in any fiscal year shall exceed 
$1,000,000.
  (t) The Administrator shall, in cooperation with State and 
Federal agencies and public and private organizations, conduct 
continuing comprehensive studies of the effects and methods of 
control of thermal discharges. In evaluating alternative 
methods of control the studies shall consider (1) such data as 
are available on the latest available technology, economic 
feasibility including cost-effectiveness analysis, and (2) the 
total impact on the environment, considering not only water 
quality but also air quality, land use, and effective 
utilization and conservation of fresh water and other natural 
resources. Such studies shall consider methods of minimizing 
adverse effects and maximizing beneficial effects of thermal 
discharges. The results of these studies shall be reported by 
the Administrator as soon as practicable, but not later than 
270 days after enactment of this subsection, and shall be made 
available to the public and the States, and considered as they 
become available by the Administrator in carrying out section 
316 of this Act and by the State in proposing thermal water 
quality standards.
  (u) There is authorized to be appropriated (1) not to exceed 
$100,000,000 per fiscal year for the fiscal year ending June 
30, 1973, the fiscal year ending June 30, 1974, and the fiscal 
year ending June 30, 1975, not to exceed $14,039,000 for the 
fiscal year ending September 30, 1980, not to exceed 
$20,697,000 for the fiscal year ending September 30, 1981, not 
to exceed $22,770,000 for the fiscal year ending September 30, 
1982, such sums as may be necessary for fiscal years 1983 
through 1985, and not to exceed $22,770,000 per fiscal year for 
each of the fiscal years 1986 through 1990, for carrying out 
the provisions of this section, other than subsections (g)(1) 
and (2), (p), (r), and (t), except that such authorizations are 
not for any research, development, or demonstration activity 
pursuant to such provisions; (2) not to exceed $7,500,000 for 
fiscal years 1973, 1974, and 1975, $2,000,000 for fiscal year 
1977, $3,000,000 for fiscal year 1978, $3,000,000 for fiscal 
year 1979, $3,000,000 for fiscal year 1980, $3,000,000 for 
fiscal year 1981, $3,000,000 for fiscal year 1982, such sums as 
may be necessary for fiscal years 1983 through 1985, and 
$3,000,000 per fiscal year for each of the fiscal years 1986 
through 1990, for carrying out the provisions of subsection 
(g)(1); (3) not to exceed $2,500,000 for fiscal years 1973, 
1974, and 1975, $1,000,000 for fiscal year 1977, $1,500,000 for 
fiscal year 1978, $1,500,000 for fiscal year 1979, $1,500,000 
for fiscal year 1980, $1,500,000 for fiscal year 1981, 
$1,500,000 for fiscal year 1982, such sums as may be necessary 
for fiscal years 1983 through 1985, and $1,500,000 per fiscal 
year for each of the fiscal years 1986 through 1990, for 
carrying out the provisions of subsection (g)(2); (4) not to 
exceed $10,000,000 for each of the fiscal years ending June 30, 
1973, June 30, 1974, and June 30, 1975, for carrying out the 
provisions of subsection (p); (5) not to exceed $15,000,000 per 
fiscal year for the fiscal years ending June 30, 1973, June 30, 
1974, and June 30, 1975, for carrying out the provisions of 
subsection (r); (6) not to exceed $10,000,000 per fiscal year 
for the fiscal years ending June 30, 1973, June 30, 1974, and 
June 30, 1975, for carrying out the provisions of subsection 
(t); and (7) not to exceed $25,000,000 for each of fiscal years 
2019 through 2023 for carrying out subsections (b)(3), (b)(8), 
and (g).
  (v) Studies Concerning Pathogen Indicators in Coastal 
Recreation Waters.--Not later than 18 months after the date of 
the enactment of this subsection, after consultation and in 
cooperation with appropriate Federal, State, tribal, and local 
officials (including local health officials), the Administrator 
shall initiate, and, not later than 3 years after the date of 
the enactment of this subsection, shall complete, in 
cooperation with the heads of other Federal agencies, studies 
to provide additional information for use in developing--
          (1) an assessment of potential human health risks 
        resulting from exposure to pathogens in coastal 
        recreation waters, including nongastrointestinal 
        effects;
          (2) appropriate and effective indicators for 
        improving detection in a timely manner in coastal 
        recreation waters of the presence of pathogens that are 
        harmful to human health;
          (3) appropriate, accurate, expeditious, and cost-
        effective methods (including predictive models) for 
        detecting in a timely manner in coastal recreation 
        waters the presence of pathogens that are harmful to 
        human health; and
          (4) guidance for State application of the criteria 
        for pathogens and pathogen indicators to be published 
        under section 304(a)(9) to account for the diversity of 
        geographic and aquatic conditions.
  (w) Nonprofit Organization.--For purposes of subsection 
(b)(8), the term ``nonprofit organization'' means a nonprofit 
organization that the Administrator determines, after 
consultation with the States regarding what small publicly 
owned treatments works in the State find to be most beneficial 
and effective, is qualified and experienced in providing on-
site training and technical assistance to small publicly owned 
treatment works.

           *       *       *       *       *       *       *


                 grants for pollution control programs

  Sec. 106. (a) There are hereby authorized to be appropriated 
the following sums, to remain available until expended, to 
carry out the purposes of this section--
          (1) $60,000,000 for the fiscal year ending June 30, 
        1973; [and]
          (2) $75,000,000 for the fiscal year ending June 30, 
        1974, and the fiscal year ending June 30, 1975, 
        $100,000,000 per fiscal year for the fiscal years 1977, 
        1978, 1979, and 1980, $75,000,000 per fiscal year for 
        the fiscal years 1981 and 1982, such sums as may be 
        necessary for fiscal years 1983 through 1985, and 
        $75,000,000 per fiscal year for each of the fiscal 
        years 1986 through 1990;
          (3) such sums as may be necessary for each of fiscal 
        years 1991 through 2020;
          (4) $240,000,000 for fiscal year 2021;
          (5) $250,000,000 for fiscal year 2022;
          (6) $260,000,000 for fiscal year 2023;
          (7) $270,000,000 for fiscal year 2024; and
          (8) $275,000,000 for fiscal year 2025;
for grants to States and to interstate agencies to assist them 
in administering programs for the prevention, reduction, and 
elimination of pollution, including enforcement directly or 
through appropriate State law enforcement officers or agencies.
  (b) From the sums appropriated in any fiscal year, the 
Administrator shall make allotments to the several States and 
interstate agencies in accordance with regulations promulgated 
by him on the basis of the extent of the pollution problem in 
the respective States.
  (c) The Administrator is authorized to pay to each State and 
interstate agency each fiscal year either--
          (1) the allotment of such State or agency for such 
        fiscal year under subsection (b), or
          (2) the reasonable costs as determined by the 
        Administrator of developing and carrying out a 
        pollution program by such State or agency during such 
        fiscal year,
which ever amount is the lesser.
  (d) No grant shall be made under this section to any State or 
interstate agency for any fiscal year when the expenditure of 
non-Federal funds by such State or interstate agency during 
such fiscal year for the recurrent expenses of carrying out its 
pollution control program are less than the expenditure by such 
State or interstate agency of non-Federal funds for such 
recurrent program expenses during the fiscal year ending June 
30, 1971.
  (e) [Beginning in fiscal year 1974 the] The Administrator 
shall not make any grant under this section to any State which 
has not provided or is not carrying out as a part of its 
program--
          (1) the establishment and operation of appropriate 
        devices, methods, systems, and procedures necessary to 
        monitor, and to compile and analyze data on (including 
        classification according to eutrophic condition), the 
        quality of navigable waters and to the extent 
        practicable, ground waters including biological 
        monitoring; and provision for annually updating such 
        data and including it in the report required under 
        section 305 of this Act;
          (2) authority comparable to that in section 504 of 
        this Act and adequate contingency plans to implement 
        such authority.
  (f) Grants shall be made under this section on condition 
that--
          (1) Such State (or interstate agency) filed with the 
        Administrator within one hundred and twenty days after 
        the date of enactment of this section:
                  (A) a summary report of the current status of 
                the State pollution control program, including 
                the criteria used by the State in determining 
                priority of treatment works; and
                  (B) such additional information, data, and 
                reports as the Administrator may require.
          (2) No federally assumed enforcement as defined in 
        section 309(a)(2) is in effect with respect to such 
        State or interstate agency.
          (3) Such State (or interstate agency) submits within 
        one hundred and twenty days after the date of enactment 
        of this section and before October 1 of each year 
        thereafter for the Administrator's approval of its 
        program for the prevention, reduction, and elimination 
        of pollution in accordance with purposes and provisions 
        of this Act in such form and content as the 
        Administrator may prescribe.
  (g) Any sums allotted under subsection (b) in any fiscal year 
which are not paid shall be reallotted by the Administrator in 
accordance with regulations promulgated by him.

           *       *       *       *       *       *       *


SEC. 122. [WATERSHED PILOT PROJECTS]  WATERSHED, WET WEATHER, AND 
                    RESILIENCY PROJECTS.

  (a) In General.--The Administrator, in coordination with the 
States, may provide technical assistance and grants to a 
municipality or municipal entity to carry out [pilot] projects 
relating to the following areas:
          (1) Watershed management of wet weather discharges.--
        The management of municipal combined sewer overflows, 
        sanitary sewer overflows, and stormwater discharges, on 
        an integrated watershed or subwatershed basis for the 
        purpose of demonstrating the effectiveness of a unified 
        wet weather approach.
          (2) Stormwater best management practices.--The 
        control of pollutants from municipal separate storm 
        sewer systems for the purpose of demonstrating and 
        determining controls that are cost-effective and that 
        use innovative technologies to manage, reduce, treat, 
        recapture, or reuse municipal stormwater, including 
        techniques that utilize infiltration, 
        evapotranspiration, and reuse of stormwater onsite.
          (3) Watershed partnerships.--Efforts of 
        municipalities and property owners to demonstrate 
        cooperative ways to address nonpoint sources of 
        pollution to reduce adverse impacts on water quality.
          (4) Integrated water resource plan.--The development 
        of an integrated water resource plan for the 
        coordinated management and protection of surface water, 
        ground water, and stormwater resources on a watershed 
        or subwatershed basis to meet the objectives, goals, 
        and policies of this Act.
          (5) Municipality-wide stormwater management 
        planning.--The development of a municipality-wide plan 
        that identifies the most effective placement of 
        stormwater technologies and management approaches, to 
        reduce water quality impairments from stormwater on a 
        municipality-wide basis.
          [(6) Increased resilience of treatment works.--
        Efforts to assess future risks and vulnerabilities of 
        publicly owned treatment works to manmade or natural 
        disasters, including extreme weather events and sea-
        level rise, and to carry out measures, on a systemwide 
        or area-wide basis, to increase the resiliency of 
        publicly owned treatment works.]
          (6) Increased resilience of treatment works.--
        Efforts--
                  (A) to assess future risks and 
                vulnerabilities of publicly owned treatment 
                works to manmade or natural disasters, 
                including extreme weather events and sea level 
                rise; and
                  (B) to carry out the planning, designing, or 
                constructing of projects, on a systemwide or 
                areawide basis, to increase the resilience of 
                publicly owned treatment works through--
                          (i) the conservation of water or the 
                        enhancement of water use efficiency;
                          (ii) the enhancement of wastewater 
                        (including stormwater) management by 
                        increasing watershed preservation and 
                        protection, including through--
                                  (I) the use of green 
                                infrastructure; or
                                  (II) the reclamation and 
                                reuse of wastewater (including 
                                stormwater), such as through 
                                aquifer recharge zones;
                          (iii) the modification or relocation 
                        of an existing publicly owned treatment 
                        works at risk of being significantly 
                        impaired or damaged by a manmade or 
                        natural disaster; or
                          (iv) the enhancement of energy 
                        efficiency, or the use or generation of 
                        recovered or renewable energy, in the 
                        management, treatment, or conveyance of 
                        wastewater (including stormwater).
  (b) Administration.--The Administrator, in coordination with 
the States, shall provide municipalities participating in a 
[pilot] project under this section the ability to engage in 
innovative practices, including the ability to unify separate 
wet weather control efforts under a single permit.
  [(c) Report to Congress.--Not later than October 1, 2015, the 
Administrator shall transmit to Congress a report on the 
results of the pilot projects conducted under this section and 
their possible application nationwide.]
  (c) Requirements.--The requirements of section 608 shall 
apply to any construction, alteration, maintenance, or repair 
of treatment works receiving a grant under this section.
  (d) Assistance.--The Administrator shall use not less than 15 
percent of the amounts appropriated pursuant to this section in 
a fiscal year to provide assistance to municipalities with a 
population of less than 10,000, to the extent there are 
sufficient eligible applications.
  (e) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $110,000,000, to 
remain available until expended.

           *       *       *       *       *       *       *


TITLE II--GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

           *       *       *       *       *       *       *


SEC. 220. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.

  (a) Policy.--Nothing in this section shall be construed to 
affect the application of section 101(g) of this Act and all of 
the provisions of this section shall be carried out in 
accordance with the provisions of section 101(g).
  (b) In General.--The Administrator may establish a pilot 
program to make grants to State, interstate, and intrastate 
water resource development agencies (including water management 
districts and water supply authorities), local government 
agencies, private utilities, and nonprofit entities for 
alternative water source projects to meet critical water supply 
needs.
  (c) Eligible Entity.--The Administrator may make grants under 
this section to an entity only if the entity has authority 
under State law to develop or provide water for municipal, 
industrial, and agricultural uses in an area of the State that 
is experiencing critical water supply needs.
  (d) Selection of Projects.--
          [(1) Limitation.--A project that has received funds 
        under the reclamation and reuse program conducted under 
        the Reclamation Projects Authorization and Adjustment 
        Act of 1992 (43 U.S.C. 390h et seq.) shall not be 
        eligible for grant assistance under this section.
          [(2) Additional consideration.--In making grants 
        under this section, the Administrator shall consider 
        whether the project is located within the boundaries of 
        a State or area referred to in section 1 of the 
        Reclamation Act of June 17, 1902 (32 Stat. 385), and 
        within the geographic scope of the reclamation and 
        reuse program conducted under the Reclamation Projects 
        Authorization and Adjustment Act of 1992 (43 U.S.C. 
        390h et seq.).]
          (1) Limitation on eligibility.--A project that has 
        received construction funds under the Reclamation 
        Projects Authorization and Adjustment Act of 1992 shall 
        not be eligible for grant assistance under this 
        section.
          [(3)] (2) Geographical distribution.--Alternative 
        water source projects selected by the Administrator 
        under this section shall reflect a variety of 
        geographical and environmental conditions.
  [(e) Committee Resolution Procedure.--
          [(1) In general.--No appropriation shall be made for 
        any alternative water source project under this 
        section, the total Federal cost of which exceeds 
        $3,000,000, if such project has not been approved by a 
        resolution adopted by the Committee on Transportation 
        and Infrastructure of the House of Representatives or 
        the Committee on Environment and Public Works of the 
        Senate.
          [(2) Requirements for securing consideration.--For 
        purposes of securing consideration of approval under 
        paragraph (1), the Administrator shall provide to a 
        committee referred to in paragraph (1) such information 
        as the committee requests and the non-Federal sponsor 
        shall provide to the committee information on the costs 
        and relative needs for the alternative water source 
        project.]
  (e) Assistance.--The Administrator shall use not less than 15 
percent of the amounts appropriated pursuant to this section in 
a fiscal year to provide assistance to eligible entities for 
projects designed to serve fewer than 10,000 individuals, to 
the extent there are sufficient eligible applications.
  (f) Uses of Grants.--Amounts from grants received under this 
section may be used for engineering, design, construction, and 
final testing of alternative water source projects designed to 
meet critical water supply needs. Such amounts may not be used 
for planning, feasibility studies or for operation, 
maintenance, replacement, repair, or rehabilitation.
  (g) Cost Sharing.--[The Federal share]
          (1) In general._Except as provided in paragraph (2), 
        the Federal share  of the eligible costs of an 
        alternative water source project carried out using 
        assistance made available under this section shall not 
        exceed 50 percent.
          (2) Reclamation and reuse projects.--For an 
        alternative water source project that has received 
        funds under the Reclamation Projects Authorization and 
        Adjustment Act of 1992 (other than funds referred to in 
        subsection (d)(1)), the total Federal share of the 
        costs of the project shall not exceed 25 percent or 
        $20,000,000, whichever is less.
  (h) Reports.--On or before September 30, 2004, the 
Administrator shall transmit to Congress a report on the 
results of the pilot program established under this section, 
including progress made toward meeting the critical water 
supply needs of the participants in the pilot program.
  (i) Requirements.--The requirements of section 608 shall 
apply to any construction of an alternative water source 
project carried out using assistance made available under this 
section.
  [(i)] (j) Definitions.--In this section, the following 
definitions apply:
          (1) Alternative water source project.--The term 
        ``alternative water source project'' means a project 
        designed to provide municipal, industrial, and 
        agricultural water supplies in an environmentally 
        sustainable manner by conserving, managing, reclaiming, 
        or reusing water [or wastewater or by treating 
        wastewater], wastewater, or stormwater or by treating 
        wastewater or stormwater. Such term does not include 
        water treatment or distribution facilities.
          (2) Critical water supply needs.--The term ``critical 
        water supply needs'' means existing or reasonably 
        anticipated future water supply needs that cannot be 
        met by existing water supplies, as identified in a 
        comprehensive statewide or regional water supply plan 
        or assessment projected over a planning period of at 
        least 20 years.
  [(j)] (k) Authorization of Appropriations.--There is 
authorized to be appropriated to carry out this section a total 
of [$75,000,000 for fiscal years 2002 through 2004] 
$150,000,000. Such sums shall remain available until expended.

SEC. 221. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANTS.

  (a) In General.--
          (1) Grants to states.--The Administrator may make 
        grants to States for the purpose of providing grants to 
        a municipality or municipal entity for planning, 
        design, and construction of--
                  (A) treatment works to intercept, transport, 
                control, treat, or reuse municipal combined 
                sewer overflows, sanitary sewer overflows, or 
                stormwater; and
                  (B) any other measures to manage, reduce, 
                treat, or recapture stormwater or subsurface 
                drainage water eligible for assistance under 
                section 603(c).
          (2) Direct municipal grants.--Subject to subsection 
        (g), the Administrator may make a direct grant to a 
        municipality or municipal entity for the purposes 
        described in paragraph (1).
  (b) Prioritization.--In selecting from among municipalities 
applying for grants under subsection (a), a State or the 
Administrator shall give priority to an applicant that--
          (1) is a municipality that is a financially 
        distressed community under subsection (c);
          (2) has implemented or is complying with an 
        implementation schedule for the nine minimum controls 
        specified in the CSO control policy referred to in 
        section 402(q)(1) and has begun implementing a long-
        term municipal combined sewer overflow control plan or 
        a separate sanitary sewer overflow control plan;
          (3) is requesting a grant for a project that is on a 
        State's intended use plan pursuant to section 606(c); 
        or
          (4) is an Alaska Native Village.
  (c) Financially Distressed Community.--
          (1) Definition.--In [subsection (b),] this section, 
        the term ``financially distressed community'' means a 
        community that meets affordability criteria established 
        by the State in which the community is located, if such 
        criteria are developed after public review and comment.
          (2) Consideration of impact on water and sewer 
        rates.--In determining if a community is a distressed 
        community for the purposes of [subsection (b),] this 
        section, the State shall consider, among other factors, 
        the extent to which the rate of growth of a community's 
        tax base has been historically slow such that 
        implementing a plan described in subsection (b)(2) 
        would result in a significant increase in any water or 
        sewer rate charged by the community's publicly owned 
        wastewater treatment facility.
          (3) Information to assist states.--The Administrator 
        may publish information to assist States in 
        establishing affordability criteria under paragraph 
        (1).
  (d) Cost-Sharing.--[The Federal share]
          (1) Federal share._
                  (A) In general._Except as provided in 
                subparagraph (B), the Federal share  of the 
                cost of activities carried out using amounts 
                from a grant made under subsection (a) shall be 
                not less than 55 percent of the cost. [The non-
                Federal share]
                  (B) Financially distressed communities._The 
                Federal share of the cost of activities carried 
                out using amounts from a grant made to a 
                financially distressed community under 
                subsection (a) shall be not less than 75 
                percent of the cost. 
          (2) Non-federal share._The non-Federal share  of the 
        cost may include, in any amount, public and private 
        funds and in-kind services, and may include, 
        notwithstanding section 603(h), financial assistance, 
        including loans, from a State water pollution control 
        revolving fund.
  (e) Administrative Requirements.--A project that receives 
assistance under this section shall be carried out subject to 
the same requirements as a project that receives assistance 
from a State water pollution control revolving fund under title 
VI, except to the extent that the Governor of the State in 
which the project is located determines that a requirement of 
title VI is inconsistent with the purposes of this section. For 
the purposes of this subsection, a Governor may not determine 
that the requirements of title VI relating to the application 
of [section 513] section 513, or the requirements of section 
608, are inconsistent with the purposes of this section.
  (f) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated to carry out this section $225,000,000 for 
        each of fiscal years 2019 through [2020] 2025.
          (2) Minimum allocations.--To the extent there are 
        sufficient eligible project applications, the 
        Administrator shall ensure that a State uses not less 
        than 20 percent of the amount of the grants made to the 
        State under subsection (a) in a fiscal year to carry 
        out projects to intercept, transport, control, treat, 
        or reuse municipal combined sewer overflows, sanitary 
        sewer overflows, or stormwater through the use of green 
        infrastructure, water and energy efficiency 
        improvements, and other environmentally innovative 
        activities.
          (3) Assistance.--In carrying out subsection (a), the 
        Administrator shall ensure that, of the amounts granted 
        to municipalities in a State, not less than 20 percent 
        is granted to municipalities with a population of less 
        than 20,000, to the extent there are sufficient 
        eligible applications.
  (g) Allocation of Funds.--
          (1) Fiscal year 2019.--Subject to subsection (h), the 
        Administrator shall use the amounts appropriated to 
        carry out this section for fiscal year 2019 for making 
        grants to municipalities and municipal entities under 
        subsection (a)(2) in accordance with the criteria set 
        forth in subsection (b).
          (2) Fiscal year 2020 and thereafter.--Subject to 
        subsection (h), the Administrator shall use the amounts 
        appropriated to carry out this section for fiscal year 
        2020 and each fiscal year thereafter for making grants 
        to States under subsection (a)(1) in accordance with a 
        formula to be established by the Administrator, after 
        providing notice and an opportunity for public comment, 
        that allocates to each State a proportional share of 
        such amounts based on the total needs of the State for 
        municipal combined sewer overflow controls, sanitary 
        sewer overflow controls, and stormwater identified in 
        the most recent detailed estimate and comprehensive 
        study submitted pursuant to section 516 and any other 
        information the Administrator considers appropriate.
  (h) Administrative Expenses.--Of the amounts appropriated to 
carry out this section for each fiscal year--
          (1) the Administrator may retain an amount not to 
        exceed 1 percent for the reasonable and necessary costs 
        of administering this section; and
          (2) the Administrator, or a State, may retain an 
        amount not to exceed 4 percent of any grant made to a 
        municipality or municipal entity under subsection (a), 
        for the reasonable and necessary costs of administering 
        the grant.
  (i) Reports.--Not later than December 31, 2003, and 
periodically thereafter, the Administrator shall transmit to 
Congress a report containing recommended funding levels for 
grants under this section. The recommended funding levels shall 
be sufficient to ensure the continued expeditious 
implementation of municipal combined sewer overflow and 
sanitary sewer overflow controls nationwide.

           *       *       *       *       *       *       *


TITLE IV--PERMITS AND LICENSES

           *       *       *       *       *       *       *


            national pollutant discharge elimination system

  Sec. 402. (a)(1) Except as provided in sections 318 and 404 
of this Act, the Administrator may, after opportunity for 
public hearing, issue a permit for the discharge of any 
pollutant, or combination of pollutants, notwithstanding 
section 301(a), upon condition that such discharge will meet 
either (A) all applicable requirements under sections 301, 302, 
306, 307, 308, and 403 of this Act, or (B) prior to the taking 
of necessary implementing actions relating to all such 
requirements, such conditions as the Administrator determines 
are necessary to carry out the provisions of this Act.
  (2) The Administrator shall prescribe conditions for such 
permits to assure compliance with the requirements of paragraph 
(1) of this subsection, including conditions on data and 
information collection, reporting, and such other requirements 
as he deems appropriate.
  (3) The permit program of the Administrator under paragraph 
(1) of this subsection, and permits issued thereunder, shall be 
subject to the same terms, conditions, and requirements as 
apply to a State permit program and permits issued thereunder 
under subsection (b) of this section.
  (4) All permits for discharges into the navigable waters 
issued pursuant to section 13 of the Act of March 3, 1899, 
shall be deemed to be permits issued under this title, and 
permits issued under this title shall be deemed to be permits 
issued under section 13 of the Act of March 3, 1899, and shall 
continue in force and effect for their term unless revoked, 
modified, or suspended in accordance with the provisions of 
this Act.
  (5) No permit for a discharge into the navigable waters shall 
be issued under section 13 of the Act of March 3, 1899, after 
the date of enactment of this title. Each application for a 
permit under section 13 of the Act of March 3, 1899, pending on 
the date of enactment of this Act shall be deemed to be an 
application for a permit under this section. The Administrator 
shall authorize a State, which he determines has the capability 
of administering a permit program which will carry out the 
objective of this Act, to issue permits for discharges into the 
navigable waters within the jurisdiction of such State. The 
Administrator may exercise the authority granted him by the 
preceding sentence only during the period which begins on the 
date of enactment of this Act and ends either on the ninetieth 
day after the date of the first promulgation of guidelines 
required by section 304(i)(2) of this Act, or the date of 
approval by the Administrator of a permit program for such 
State under subsection (b) of this section, whichever date 
first occurs, and no such authorization to a State shall extend 
beyond the last day of such period. Each such permit shall be 
subject to such conditions as the Administrator determines are 
necessary to carry out the provisions of this Act. No such 
permit shall issue if the Administrator objects to such 
issuance.
  (b) At any time after the promulgation of the guidelines 
required by subsection (i)(2) of section 304 of this Act, the 
Governor of each State desiring to administer its own permit 
program for discharges into navigable waters within its 
jurisdiction may submit to the Administrator a full and 
complete description of the program it proposes to establish 
and administer under State law or under an interstate compact. 
In addition, such State shall submit a statement from the 
attorney general (or the attorney for those State water 
pollution control agencies which have independent legal 
counsel), or from the chief legal officer in the case of an 
interstate agency, that the laws of such State, or the 
interstate compact, as the case may be, provide adequate 
authority to carry out the described program. The Administrator 
shall approve each such submitted program unless he determines 
that adequate authority does not exist:
  (1) To issue permits which--
          (A) apply, and insure compliance with, any applicable 
        requirements of sections 301, 302, 306, 307, and 403;
          [(B) are for fixed terms not exceeding five years; 
        and]
          (B) are for fixed terms--
                  (i) not exceeding 10 years, for a permit 
                issued in accordance with subsection (t); and
                  (ii) not exceeding 5 years, for a permit not 
                described in clause (i);
          (C) can be terminated or modified for cause 
        including, but not limited to, the following:
                  (i) violation of any condition of the permit;
                  (ii) obtaining a permit by misrepresentation, 
                or failure to disclose fully all relevant 
                facts;
                  (iii) change in any condition that requires 
                either a temporary or permanent reduction or 
                elimination of the permitted discharge;
          (D) do not continue in force beyond the last day of 
        the fixed term, except as provided in subsection 
        (k)(2); and
          [(D)] (E) control the disposal of pollutants into 
        wells;
  (2)(A) To issue permits which apply, and insure compliance 
with, all applicable requirements of section 308 of this Act, 
or
  (B) To inspect, monitor, enter, and require reports to at 
least the same extent as required in section 308 of this Act;
  (3) To insure that the public, and any other State the waters 
of which may be affected, receive notice of each application 
for a permit and to provide an opportunity for public hearing 
before a ruling on each such application;
  (4) To insure that the Administrator receives notice of each 
application (including a copy thereof) for a permit;
  (5) To insure that any State (other than the permitting 
State), whose waters may be affected by the issuance of a 
permit may submit written recommendations to the permitting 
State (and the Administrator) with respect to any permit 
application and, if any part of such written recommendations 
are not accepted by the permitting State, that the permitting 
State will notify such affected State (and the Administrator) 
in writing of its failure to so accept such recommendations 
together with its reasons for so doing;
  (6) To insure that no permit will be issued if, in the 
judgment of the Secretary of the Army acting through the Chief 
of Engineers, after consultation with the Secretary of the 
department in which the Coast Guard is operating, anchorage and 
navigation of any of the navigable waters would be 
substantially impaired thereby;
  (7) To abate violations of the permit or the permit program, 
including civil and criminal penalties and other ways and means 
of enforcement;
  (8) To insure that any permit for a discharge from a publicly 
owned treatment works includes conditions to require the 
identification in terms of character and volume of pollutants 
of any significant source introducing pollutants subject to 
pretreatment standards under section 307(b) of this Act into 
such works and a program to assure compliance with such 
pretreatment standards by each such source, in addition to 
adequate notice to the permitting agency of (A) new 
introductions into such works of pollutants from any source 
which would be a new source as defined in section 306 if such 
source were discharging pollutants, (B) new introductions of 
pollutants into such works from a source which would be subject 
to section 301 if it were discharging such pollutants, or (C) a 
substantial change in volume or character of pollutants being 
introduced into such works by a source introducing pollutants 
into such works at the time of issuance of the permit. Such 
notice shall include information on the quality and quantity of 
effluent to be introduced into such treatment works and any 
anticipated impact of such change in the quantity or quality of 
effluent to be discharged from such publicly owned treatment 
works; and
  (9) To insure that any industrial user of any publicly owned 
treatment works will comply with sections 204(b), 307, and 308.
  (c)(1) Not later than ninety days after the date on which a 
State has submitted a program (or revision thereof) pursuant to 
subsection (b) of this section, the Administrator shall suspend 
the issuance of permits under subsection (a) of this section as 
to those discharges subject to such program unless he 
determines that the State permit program does not meet the 
requirements of subsection (b) of this section or does not 
conform to the guidelines issued under section 304(i)(2) of 
this Act. If the Administrator so determines, he shall notify 
the State of any revisions or modifications necessary to 
conform to such requirements or guidelines.
  (2) Any State permit program under this section shall at all 
times be in accordance with this section and guidelines 
promulgated pursuant to section 304(i)(2) of this Act.
  (3) Whenever the Administrator determines after public 
hearing that a State is not administering a program approved 
under this section in accordance with requirements of this 
section, he shall so notify the State and, if appropriate 
corrective action is not taken within a reasonable time, not to 
exceed ninety days, the Administrator shall withdraw approval 
of such program. The Administrator shall not withdraw approval 
of any such program unless he shall first have notified the 
State, and made public, in writing, the reasons for such 
withdrawal.
          (4) Limitations on partial permit program returns and 
        withdrawals.--A State may return to the Administrator 
        administration, and the Administrator may withdraw 
        under paragraph (3) of this subsection approval, of--
                  (A) a State partial permit program approved 
                under subsection (n)(3) only if the entire 
                permit program being administered by the State 
                department or agency at the time is returned or 
                withdrawn; and
                  (B) a State partial permit program approved 
                under subsection (n)(4) only if an entire 
                phased component of the permit program being 
                administered by the State at the time is 
                returned or withdrawn.
  (d)(1) Each State shall transmit to the Administrator a copy 
of each permit application received by such State and provide 
notice to the Administrator of every action related to the 
consideration of such permit application, including each permit 
proposed to be issued by such State.
  (2) No permit shall issue (A) if the Administrator within 
ninety days of the date of his notification under subsection 
(b)(5) of this section objects in writing to the issuance of 
such permit, or (B) if the Administrator within ninety days of 
the date of transmittal of the proposed permit by the State 
objects in writing to the issuance of such permit as being 
outside the guidelines and requirements of this Act. Whenever 
the Administrator objects to the issuance of a permit under 
this paragraph such written objection shall contain a statement 
of the reasons for such objection and the effluent limitations 
and conditions which such permit would include if it were 
issued by the Administrator.
  (3) The Administrator may, as to any permit application, 
waive paragraph (2) of this subsection.
  (4) In any case where, after the date of enactment of this 
paragraph, the Administrator, pursuant to paragraph (2) of this 
subsection, objects to the issuance of a permit, on request of 
the State, a public hearing shall be held by the Administrator 
on such objection. If the State does not resubmit such permit 
revised to meet such objection within 30 days after completion 
of the hearing, or, if no hearing is requested within 90 days 
after the date of such objection, the Administrator may issue 
the permit pursuant to subsection (a) of this section for such 
source in accordance with the guidelines and requirements of 
this Act.
  (e) In accordance with guidelines promulgated pursuant to 
subsection (i)(2) of section 304 of this Act, the Administrator 
is authorized to waive the requirements of subsection (d) of 
this section at the time he approves a program pursuant to 
subsection (b) of this section for any category (including any 
class, type, or size within such category) of point sources 
within the State submitting such program.
  (f) The Administrator shall promulgate regulations 
establishing categories of point sources which he determines 
shall not be subject to the requirements of subsection (d) of 
this section in any State with a program approved pursuant to 
subsection (b) of this section. The Administrator may 
distinguish among classes, types, and sizes within any category 
of point sources.
  (g) Any permit issued under this section for the discharge of 
pollutants into the navigable waters from a vessel or other 
floating craft shall be subject to any applicable regulations 
promulgated by the Secretary of the Department in which the 
Coast Guard is operating, establishing specifications for safe 
transportation, handling, carriage, storage, and stowage of 
pollutants.
  (h) In the event any condition of a permit for discharges 
from a treatment works (as defined in section 212 of this Act) 
which is publicly owned is violated, a State with a program 
approved under subsection (b) of this section or the 
Administrator, where no State program is approved or where the 
Administrator determines pursuant to section 309(a) of this Act 
that a State with an approved program has not commenced 
appropriate enforcement action with respect to such permit, may 
proceed in a court of competent jurisdiction to restrict or 
prohibit the introduction of any pollutant into such treatment 
works by a source not utilizing such treatment works prior to 
the finding that such condition was violated.
  (i) Nothing in this section shall be construed to limit the 
authority of the Administrator to take action pursuant to 
section 309 of this Act.
  (j) A copy of each permit application and each permit issued 
under this section shall be available to the public. Such 
permit application or permit, or portion thereof, shall further 
be available on request for the purpose of reproduction.
  (k) (1) Compliance with a permit issued pursuant to this 
section shall be deemed compliance, for purposes of sections 
309 and 505, with sections 301, 302, 306, 307, and 403, except 
any standard imposed under section 307 for a toxic pollutant 
injurious to human health. Until December 31, 1974, in any case 
where a permit for discharge has been applied for pursuant to 
this section, but final administrative disposition of such 
application has not been made, such discharge shall not be a 
violation [of (1)]of (A) section 301, 306, or 402 of this Act, 
[or (2)]or (B) section 13 of the Act of March 3, 1899, unless 
the Administrator or other plaintiff proves that final 
administrative disposition of such application has not been 
made because of the failure of the applicant to furnish 
information reasonably required or requested in order to 
process the application. For the 180-day period beginning on 
the date of enactment of the Federal Water Pollution Control 
Act Amendments of 1972, in the case of any point source 
discharging any pollutant or combination of pollutants 
immediately prior to such date of enactment which source is not 
subject to section 13 of the Act of March 3, 1899, the 
discharge by such source shall not be a violation of this Act 
if such a source applies for a permit for discharge pursuant to 
this section within such 180-day period.
          (2) Permit renewal or reissuance.--If a permittee 
        applies to a State to renew or reissue a permit under 
        this section, in compliance with the approved State 
        permit program under subsection (b), and the State does 
        not make a final administrative disposition of the 
        application by the last day of the term of the permit--
                  (A) not later than 30 days after such last 
                day of the term of the permit, the State shall 
                notify the Administrator, the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives, and the Committee on 
                Environment and Public Works of the Senate of 
                such failure to make a final administrative 
                disposition;
                  (B) if the State does not make a final 
                administrative disposition of the application 
                by the date that is 180 days after the last day 
                of the term of the permit, the Administrator 
                shall make a final administrative disposition 
                of the application not later than 180 days 
                after such date; and
                  (C) the permit shall continue in effect until 
                the date on which a final administrative 
                disposition of the application is made.
  (l) Limitation on Permit Requirement.--
          (1) Agricultural return flows.--The Administrator 
        shall not require a permit under this section for 
        discharges composed entirely of return flows from 
        irrigated agriculture, nor shall the Administrator 
        directly or indirectly, require any State to require 
        such a permit.
          (2) Stormwater runoff from oil, gas, and mining 
        operations.--The Administrator shall not require a 
        permit under this section, nor shall the Administrator 
        directly or indirectly require any State to require a 
        permit, for discharges of stormwater runoff from mining 
        operations or oil and gas exploration, production, 
        processing, or treatment operations or transmission 
        facilities, composed entirely of flows which are from 
        conveyances or systems of conveyances (including but 
        not limited to pipes, conduits, ditches, and channels) 
        used for collecting and conveying precipitation runoff 
        and which are not contaminated by contact with, or do 
        not come into contact with, any overburden, raw 
        material, intermediate products, finished product, 
        byproduct, or waste products located on the site of 
        such operations.
          (3) Silvicultural activities.--
                  (A) NPDES permit requirements for 
                silvicultural activities.--The Administrator 
                shall not require a permit under this section 
                nor directly or indirectly require any State to 
                require a permit under this section for a 
                discharge from runoff resulting from the 
                conduct of the following silviculture 
                activities conducted in accordance with 
                standard industry practice: nursery operations, 
                site preparation, reforestation and subsequent 
                cultural treatment, thinning, prescribed 
                burning, pest and fire control, harvesting 
                operations, surface drainage, or road 
                construction and maintenance.
                  (B) Other requirements.--Nothing in this 
                paragraph exempts a discharge from 
                silvicultural activity from any permitting 
                requirement under section 404, existing 
                permitting requirements under section 402, or 
                from any other federal law.
                  (C) The authorization provided in Section 
                505(a) does not apply to any non-permitting 
                program established under 402(p)(6) for the 
                silviculture activities listed in 402(l)(3)(A), 
                or to any other limitations that might be 
                deemed to apply to the silviculture activities 
                listed in 402(l)(3)(A).
  (m) Additional Pretreatment of Conventional Pollutants Not 
Required.--To the extent a treatment works (as defined in 
section 212 of this Act) which is publicly owned is not meeting 
the requirements of a permit issued under this section for such 
treatment works as a result of inadequate design or operation 
of such treatment works, the Administrator, in issuing a permit 
under this section, shall not require pretreatment by a person 
introducing conventional pollutants identified pursuant to a 
section 304(a)(4) of this Act into such treatment works other 
than pretreatment required to assure compliance with 
pretreatment standards under subsection (b)(8) of this section 
and section 307(b)(1) of this Act. Nothing in this subsection 
shall affect the Administrator's authority under sections 307 
and 309 of this Act, affect State and local authority under 
sections 307(b)(4) and 510 of this Act, relieve such treatment 
works of its obligations to meet requirements established under 
this Act, or otherwise preclude such works from pursuing 
whatever feasible options are available to meet its 
responsibility to comply with its permit under this section.
  (n) Partial Permit Program.--
          (1) State submission.--The Governor of a State may 
        submit under subsection (b) of this section a permit 
        program for a portion of the discharges into the 
        navigable waters in such State.
          (2) Minimum coverage.--A partial permit program under 
        this subsection shall cover, at a minimum, 
        administration of a major category of the discharges 
        into the navigable waters of the State or a major 
        component of the permit program required by subsection 
        (b).
          (3) Approval of major category partial permit 
        programs.--The Administrator may approve a partial 
        permit program covering administration of a major 
        category of discharges under this subsection if--
                  (A) such program represents a complete permit 
                program and covers all of the discharges under 
                the jurisdiction of a department or agency of 
                the State; and
                  (B) the Administrator determines that the 
                partial program represents a significant and 
                identifiable part of the State program required 
                by subsection (b).
          (4) Approval of major component partial permit 
        programs.--The Administrator may approve under this 
        subsection a partial and phased permit program covering 
        administration of a major component (including 
        discharge categories) of a State permit program 
        required by subsection (b) if--
                  (A) the Administrator determines that the 
                partial program represents a significant and 
                identifiable part of the State program required 
                by subsection (b); and
                  (B) the State submits, and the Administrator 
                approves, a plan for the State to assume 
                administration by phases of the remainder of 
                the State program required by subsection (b) by 
                a specified date not more than 5 years after 
                submission of the partial program under this 
                subsection and agrees to make all reasonable 
                efforts to assume such administration by such 
                date.
  (o) Anti-Backsliding.--
          (1) General prohibition.--In the case of effluent 
        limitations established on the basis of subsection 
        (a)(1)(B) of this section, a permit may not be renewed, 
        reissued, or modified on the basis of effluent 
        guidelines promulgated under section 304(b) subsequent 
        to the original issuance of such permit, to contain 
        effluent limitations which are less stringent than the 
        comparable effluent limitations in the previous permit. 
        In the case of effluent limitations established on the 
        basis of section 301(b)(1)(C) or section 303(d) or (e), 
        a permit may not be renewed, reissued, or modified to 
        contain effluent limitations which are less stringent 
        than the comparable effluent limitations in the 
        previous permit except in compliance with section 
        303(d)(4).
          (2) Exceptions.--A permit with respect to which 
        paragraph (1) applies may be renewed, reissued, or 
        modified to contain a less stringent effluent 
        limitation applicable to a pollutant if--
                  (A) material and substantial alterations or 
                additions to the permitted facility occurred 
                after permit issuance which justify the 
                application of a less stringent effluent 
                limitation;
                  (B)(i) information is available which was not 
                available at the time of permit issuance (other 
                than revised regulations, guidance, or test 
                methods) and which would have justified the 
                application of a less stringent effluent 
                limitation at the time of permit issuance; or
                  (ii) the Administrator determines that 
                technical mistakes or mistaken interpretations 
                of law were made in issuing the permit under 
                subsection (a)(1)(B);
                  (C) a less stringent effluent limitation is 
                necessary because of events over which the 
                permittee has no control and for which there is 
                no reasonably available remedy;
                  (D) the permittee has received a permit 
                modification under section 301(c), 301(g), 
                301(h), 301(i), 301(k), 301(n), or 316(a); or
                  (E) the permittee has installed the treatment 
                facilities required to meet the effluent 
                limitations in the previous permit and has 
                properly operated and maintained the facilities 
                but has nevertheless been unable to achieve the 
                previous effluent limitations, in which case 
                the limitations in the reviewed, reissued, or 
                modified permit may reflect the level of 
                pollutant control actually achieved (but shall 
                not be less stringent than required by effluent 
                guidelines in effect at the time of permit 
                renewal, reissuance, or modification).
        Subparagraph (B) shall not apply to any revised waste 
        load allocations or any alternative grounds for 
        translating water quality standards into effluent 
        limitations, except where the cumulative effect of such 
        revised allocations results in a decrease in the amount 
        of pollutants discharged into the concerned waters, and 
        such revised allocations are not the result of a 
        discharger eliminating or substantially reducing its 
        discharge of pollutants due to complying with the 
        requirements of this Act or for reasons otherwise 
        unrelated to water quality.
          (3) Limitations.--In no event may a permit with 
        respect to which paragraph (1) applies be renewed, 
        reissued, or modified to contain an effluent limitation 
        which is less stringent than required by effluent 
        guidelines in effect at the time the permit is renewed, 
        reissued, or modified. In no event may such a permit to 
        discharge into waters be renewed, reissued, or modified 
        to contain a less stringent effluent limitation if the 
        implementation of such limitation would result in a 
        violation of a water quality standard under section 303 
        applicable to such waters.
  (p) Municipal and Industrial Stormwater Discharges.--
          (1) General rule.--Prior to October 1, 1994, the 
        Administrator or the State (in the case of a permit 
        program approved under section 402 of this Act) shall 
        not require a permit under this section for discharges 
        composed entirely of stormwater.
          (2) Exceptions.--Paragraph (1) shall not apply with 
        respect to the following stormwater discharges:
                  (A) A discharge with respect to which a 
                permit has been issued under this section 
                before the date of the enactment of this 
                subsection.
                  (B) A discharge associated with industrial 
                activity.
                  (C) A discharge from a municipal separate 
                storm sewer system serving a population of 
                250,000 or more.
                  (D) A discharge from a municipal separate 
                storm sewer system serving a population of 
                100,000 or more but less than 250,000.
                  (E) A discharge for which the Administrator 
                or the State, as the case may be, determines 
                that the stormwater discharge contributes to a 
                violation of a water quality standard or is a 
                significant contributor of pollutants to waters 
                of the United States.
          (3) Permit requirements.--
                  (A) Industrial discharges.--Permits for 
                discharges associated with industrial activity 
                shall meet all applicable provisions of this 
                section and section 301.
                  (B) Municipal discharge.--Permits for 
                discharges from municipal storm sewers--
                          (i) may be issued on a system- or 
                        jurisdiction-wide basis;
                          (ii) shall include a requirement to 
                        effectively prohibit non-stormwater 
                        discharges into the storm sewers; and
                          (iii) shall require controls to 
                        reduce the discharge of pollutants to 
                        the maximum extent practicable, 
                        including management practices, control 
                        techniques and system, design and 
                        engineering methods, and such other 
                        provisions as the Administrator or the 
                        State determines appropriate for the 
                        control of such pollutants.
          (4) Permit application requirements.--
                  (A) Industrial and large municipal 
                discharges.--Not later than 2 years after the 
                date of the enactment of this subsection, the 
                Administrator shall establish regulations 
                setting forth the permit application 
                requirements for stormwater discharges 
                described in paragraphs (2)(B) and (2)(C). 
                Applications for permits for such discharges 
                shall be filed no later than 3 years after such 
                date of enactment. Not later than 4 years after 
                such date of enactment the Administrator or the 
                State, as the case may be, shall issue or deny 
                each such permit. Any such permit shall provide 
                for compliance as expeditiously as practicable, 
                but in no event later than 3 years after the 
                date of issuance of such permit.
                  (B) Other municipal discharges.--Not later 
                than 4 years after the date of the enactment of 
                this subsection, the Administrator shall 
                establish regulations setting forth the permit 
                application requirements for stormwater 
                discharges described in paragraph (2)(D). 
                Applications for permits for such discharges 
                shall be filed no later than 5 years after such 
                date of enactment. Not later than 6 years after 
                such date of enactment, the Administrator or 
                the State, as the case may be, shall issue or 
                deny each such permit. Any such permit shall 
                provide for compliance as expeditiously as 
                practicable, but in no event later than 3 years 
                after the date of issuance of such permit.
          (5) Studies.--The Administrator, in consultation with 
        the States, shall conduct a study for the purposes of--
                  (A) identifying those stormwater discharges 
                or classes of stormwater discharges for which 
                permits are not required pursuant to paragraphs 
                (1) and (2) of this subsection;
                  (B) determining, to the maximum extent 
                practicable, the nature and extent of 
                pollutants in such discharges; and
                  (C) establishing procedures and methods to 
                control stormwater discharges to the extent 
                necessary to mitigate impacts on water quality.
        Not later than October 1, 1988, the Administrator shall 
        submit to Congress a report on the results of the study 
        described in subparagraphs (A) and (B). Not later than 
        October 1, 1989, the Administrator shall submit to 
        Congress a report on the results of the study described 
        in subparagraph (C).
          (6) Regulations.--Not later than October 1, 1993, the 
        Administrator, in consultation with State and local 
        officials, shall issue regulations (based on the 
        results of the studies conducted under paragraph (5)) 
        which designate stormwater discharges, other than those 
        discharges described in paragraph (2), to be regulated 
        to protect water quality and shall establish a 
        comprehensive program to regulate such designated 
        sources. The program shall, at a minimum, (A) establish 
        priorities, (B) establish requirements for State 
        stormwater management programs, and (C) establish 
        expeditious deadlines. The program may include 
        performance standards, guidelines, guidance, and 
        management practices and treatment requirements, as 
        appropriate.
  (q) Combined Sewer Overflows.--
          (1) Requirement for permits, orders, and decrees.--
        Each permit, order, or decree issued pursuant to this 
        Act after the date of enactment of this subsection for 
        a discharge from a municipal combined storm and 
        sanitary sewer shall conform to the Combined Sewer 
        Overflow Control Policy signed by the Administrator on 
        April 11, 1994 (in this subsection referred to as the 
        ``CSO control policy'').
          (2) Water quality and designated use review 
        guidance.--Not later than July 31, 2001, and after 
        providing notice and opportunity for public comment, 
        the Administrator shall issue guidance to facilitate 
        the conduct of water quality and designated use reviews 
        for municipal combined sewer overflow receiving waters.
          (3) Report.--Not later than September 1, 2001, the 
        Administrator shall transmit to Congress a report on 
        the progress made by the Environmental Protection 
        Agency, States, and municipalities in implementing and 
        enforcing the CSO control policy.
  (r) Discharges Incidental to the Normal Operation of 
Recreational Vessels.--No permit shall be required under this 
Act by the Administrator (or a State, in the case of a permit 
program approved under subsection (b)) for the discharge of any 
graywater, bilge water, cooling water, weather deck runoff, oil 
water separator effluent, or effluent from properly functioning 
marine engines, or any other discharge that is incidental to 
the normal operation of a vessel, if the discharge is from a 
recreational vessel.
  (s) Integrated Plans.--
          (1) Definition of integrated plan.--In this 
        subsection, the term ``integrated plan'' means a plan 
        developed in accordance with the Integrated Municipal 
        Stormwater and Wastewater Planning Approach Framework, 
        issued by the Environmental Protection Agency and dated 
        June 5, 2012.
          (2) In general.--The Administrator (or a State, in 
        the case of a permit program approved by the 
        Administrator) shall inform municipalities of the 
        opportunity to develop an integrated plan that may be 
        incorporated into a permit under this section.
          (3) Scope.--
                  (A) Scope of permit incorporating integrated 
                plan.--A permit issued under this section that 
                incorporates an integrated plan may integrate 
                all requirements under this Act addressed in 
                the integrated plan, including requirements 
                relating to--
                          (i) a combined sewer overflow;
                          (ii) a capacity, management, 
                        operation, and maintenance program for 
                        sanitary sewer collection systems;
                          (iii) a municipal stormwater 
                        discharge;
                          (iv) a municipal wastewater 
                        discharge; and
                          (v) a water quality-based effluent 
                        limitation to implement an applicable 
                        wasteload allocation in a total maximum 
                        daily load.
                  (B) Inclusions in integrated plan.--An 
                integrated plan incorporated into a permit 
                issued under this section may include the 
                implementation of--
                          (i) projects, including innovative 
                        projects, to reclaim, recycle, or reuse 
                        water; and
                          (ii) green infrastructure.
          (4) Compliance schedules.--
                  (A) In general.--A permit issued under this 
                section that incorporates an integrated plan 
                may include a schedule of compliance, under 
                which actions taken to meet any applicable 
                water quality-based effluent limitation may be 
                implemented over more than 1 permit term if the 
                schedule of compliance--
                          (i) is authorized by State water 
                        quality standards; and
                          (ii) meets the requirements of 
                        section 122.47 of title 40, Code of 
                        Federal Regulations (as in effect on 
                        the date of enactment of this 
                        subsection).
                  (B) Time for compliance.--For purposes of 
                subparagraph (A)(ii), the requirement of 
                section 122.47 of title 40, Code of Federal 
                Regulations, for compliance by an applicable 
                statutory deadline under this Act does not 
                prohibit implementation of an applicable water 
                quality-based effluent limitation over more 
                than 1 permit term.
                  (C) Review.--A schedule of compliance 
                incorporated into a permit issued under this 
                section may be reviewed at the time the permit 
                is renewed to determine whether the schedule 
                should be modified.
          (5) Existing authorities retained.--
                  (A) Applicable standards.--Nothing in this 
                subsection modifies any obligation to comply 
                with applicable technology and water quality-
                based effluent limitations under this Act.
                  (B) Flexibility.--Nothing in this subsection 
                reduces or eliminates any flexibility available 
                under this Act, including the authority of a 
                State to revise a water quality standard after 
                a use attainability analysis under section 
                131.10(g) of title 40, Code of Federal 
                Regulations (or a successor regulation), 
                subject to the approval of the Administrator 
                under section 303(c).
          (6) Clarification of state authority.--
                  (A) In general.--Nothing in section 
                301(b)(1)(C) precludes a State from authorizing 
                in the water quality standards of the State the 
                issuance of a schedule of compliance to meet 
                water quality-based effluent limitations in 
                permits that incorporate provisions of an 
                integrated plan.
                  (B) Transition rule.--In any case in which a 
                discharge is subject to a judicial order or 
                consent decree, as of the date of enactment of 
                this subsection, resolving an enforcement 
                action under this Act, any schedule of 
                compliance issued pursuant to an authorization 
                in a State water quality standard may not 
                revise a schedule of compliance in that order 
                or decree to be less stringent, unless the 
                order or decree is modified by agreement of the 
                parties and the court.
  (t) Extended Term for Certain Permits.--
          (1) In general.--A State with an approved permit 
        program under subsection (b) may issue a permit under 
        this section with a term authorized under subsection 
        (b)(1)(B)(i) to an eligible municipality for a covered 
        discharge.
          (2) Review and modification of permit.--
                  (A) State action.--
                          (i) Review.--Not later than 60 days 
                        after a triggering event occurs with 
                        respect to a permit issued by a State 
                        pursuant to this subsection, the State 
                        shall review the permit and make 
                        publicly available a determination of 
                        whether any modifications to the permit 
                        are necessary to address the triggering 
                        event.
                          (ii) Modification.--Not later than 90 
                        days after making publicly available a 
                        determination under clause (i) that 
                        modifications to a permit are 
                        necessary, the State shall make such 
                        modifications in accordance with the 
                        requirements of this section.
                  (B) EPA action.--
                          (i) Review.--If a State fails to make 
                        publicly available a determination by 
                        the deadline required under 
                        subparagraph (A), the Administrator 
                        shall make publicly available such a 
                        determination not later than 30 days 
                        after such deadline.
                          (ii) Modification.--If a State fails 
                        to modify a permit by the deadline 
                        required under subparagraph (A), or if 
                        the Administrator makes publicly 
                        available under this subparagraph a 
                        determination that modifications to a 
                        permit are necessary, the Administrator 
                        shall make such modifications in 
                        accordance with the requirements of 
                        this section not later than 90 days 
                        after the deadline required under 
                        subparagraph (A), or 90 days after the 
                        date on which the Administrator makes 
                        publicly available such determination 
                        under this subparagraph, as applicable.
                          (iii) Effect on state authority.--A 
                        permit modified by the Administrator 
                        under clause (ii) shall be considered 
                        to be a permit issued by the State for 
                        the purposes of permit administration, 
                        and such modification shall not affect 
                        any other authority or responsibility 
                        of the State relating to the permit.
                  (C) Right of action.--A determination under 
                this paragraph by a State or the Administrator 
                of whether modifications to a permit are 
                necessary to address a triggering event is a 
                final agency action subject to judicial review 
                in the same manner as a review under section 
                509(b)(1).
          (3) Definitions.--In this subsection:
                  (A) Covered discharge.--The term ``covered 
                discharge'' means a discharge from a publicly 
                owned treatment works, which consists of 
                municipal sewage treated, recycled, or 
                reclaimed in accordance with this Act (and may 
                include a municipal combined sewer overflow 
                that is in compliance with the requirements of 
                subsection (q))--
                          (i) into a navigable water that is 
                        not identified by the State issuing the 
                        permit under section 303(d) as impaired 
                        for a pollutant specifically addressed 
                        by the permit; or
                          (ii) in the case of a discharge into 
                        a navigable water that is so 
                        identified, that is subject to, and in 
                        compliance with, permit limits that are 
                        consistent with--
                                  (I) a judicial order or 
                                consent decree resolving an 
                                enforcement action related to 
                                such discharge under this Act; 
                                or
                                  (II) for each such pollutant, 
                                any applicable approved total 
                                maximum daily load allocation, 
                                or, if no such approved 
                                allocation exists, any 
                                applicable water quality 
                                standard for the pollutant 
                                (including any such standard as 
                                addressed in an integrated plan 
                                incorporated into a permit 
                                under subsection (s)).
                  (B) Eligible municipality.--The term 
                ``eligible municipality'' means a municipality 
                with a history of compliance with this Act, as 
                determined in accordance with standards 
                established by the Administrator.
                  (C) Triggering event.--The term ``triggering 
                event'' means, with respect to a permit issued 
                pursuant to this subsection, any of the 
                following that happens after the date on which 
                the permit is issued:
                          (i) The State receives information 
                        that there may be a cause for 
                        modification, as identified in section 
                        122.62 of title 40, Code of Federal 
                        Regulations (as in effect on the date 
                        of enactment of this subsection), of 
                        the permit.
                          (ii) The State identifies under 
                        section 303(d) the navigable water into 
                        which a discharge is permitted pursuant 
                        to the permit as impaired for a 
                        pollutant known to be present in the 
                        discharge.
                          (iii) The Administrator approves a 
                        new or modified total maximum daily 
                        load that applies with respect to a 
                        pollutant known to be present in a 
                        discharge permitted pursuant to the 
                        permit.
                          (iv) The Administrator or the State 
                        determines that--
                                  (I) a pollutant known to be 
                                discharged under the permit is 
                                directly related to the 
                                contamination of a water 
                                designated for use as a public 
                                water supply source pursuant to 
                                section 303; and
                                  (II)(aa) the discharge of 
                                such pollutant is related to a 
                                violation of an applicable 
                                water quality standard; or
                                  (bb) such pollutant is 
                                subject to a health advisory 
                                published by the Administrator 
                                under section 1412(b)(1)(F) of 
                                the Safe Drinking Water Act.

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TITLE V--GENERAL PROVISIONS

           *       *       *       *       *       *       *


                          reports to congress

  Sec. 516. (a) Within ninety days following the convening of 
each session of Congress, the Administrator shall submit to the 
Congress a report, in addition to any other report required by 
this Act, on measures taken toward implementing the objective 
of this Act, including, but not limited to, (1) the progress 
and problems associated with developing comprehensive plans 
under section 102 of this Act, areawide plans under section 208 
of this Act, basin plans under section 209 of this Act, and 
plans under section 303 (e) of this Act; (2) a summary of 
actions taken and results achieved in the field of water 
pollution control research, experiments, studies, and related 
matters by the Administrator and other Federal agencies and by 
other persons and agencies under Federal grants or contracts; 
(3) the progress and problems associated with the development 
of effluent limitations and recommended control techniques; (4) 
the status of State programs, including a detailed summary of 
the progress obtained as compared to that planned under State 
program plans for development and enforcement of water quality 
requirements; (5) the identification and status of enforcement 
actions pending or completed under such Act during the 
preceding year; (6) the status of State, interstate, and local 
pollution control programs established pursuant to, and 
assisted by, this Act; (7) a summary of the results of the 
survey required to be taken under section 210 of this Act; (8) 
his activities including recommendations under sections 109 
through 111 of this Act; and (9) all reports and 
recommendations made by the Water Pollution Control Advisory 
Board.
  (b)(1) The Administrator, in cooperation with the States, 
including water pollution control agencies and other water 
pollution control planning agencies, shall make (A) a detailed 
estimate of the cost of carrying out the provisions of this 
Act; (B) a detailed estimate, biennially revised[, of the cost 
of construction], of (i) the cost of construction of all needed 
publicly owned treatment works in all of the States and of the 
cost of construction of all needed publicly owned treatment 
works in [each of the States;] each of the States, and (ii) the 
costs to implement measures necessary to address the resilience 
and sustainability of publicly owned treatment works to manmade 
or natural disasters; (C) a comprehensive study of the economic 
impact on affected units of government of the cost of 
installation of treatment facilities; and (D) a comprehensive 
analysis of the national requirements for and the cost of 
treating municipal, industrial, and other effluent to attain 
the water quality objectives as established by this Act or 
applicable State law. The Administrator shall submit such 
detailed estimate and such comprehensive study of such cost to 
the Congress no later than February 10 of each odd-numbered 
year. Whenever the Administrator, pursuant to this subsection, 
requests and receives an estimate of cost from a State, he 
shall furnish copies of such estimate together with such 
detailed estimate to Congress.
  (2) Notwithstanding the second sentence of paragraph (1) of 
this subsection, the Administrator shall make a preliminary 
detailed estimate called for by subparagraph (B) of such 
paragraph and shall submit such preliminary detailed estimate 
to the Congress no later than September 3, 1974. The 
Administrator shall require each State to prepare an estimate 
of cost for such State, and shall utilize the survey form EPA-
1, O.M.B. No. 158-R0017, prepared for the 1973 detailed 
estimate, except that such estimate shall include all costs of 
compliance with section 201(g)(2)(A) of this Act and water 
quality standards established pursuant to section 303 of this 
Act, and all costs of treatment works as defined in section 
212(2), including all eligible costs of constructing sewage 
collection systems and correcting excessive infiltration or 
inflow and all eligible costs of correcting combined storm and 
sanitary sewer problems and treating storm water flows. The 
survey form shall be distributed by the Administrator to each 
State no later than January 31, 1974.
  (c) The Administrator shall submit to the Congress by October 
1, 1978, a report on the status of combined sewer overflows in 
municipal treatment works operations. The report shall include 
(1) the status of any projects funded under this Act to address 
combined sewer overflows (2) a listing by State of combined 
sewer overflow needs identified in the 1977 State priority 
listings, (3) an estimate for each applicable municipality of 
the number of years necessary, assuming an annual authorization 
and appropriation for the construction grants program of 
$5,000,000,000, to correct combined sewer overflow problems, 
(4) an analysis using representative municipalities faced with 
major combined sewer overflow needs, of the annual discharges 
of pollutants from overflows in comparison to treated effluent 
discharges, (5) an analysis of the technological alternatives 
available to municipalities to correct major combined sewer 
overflow problems, and (6) any recommendations of the 
Administrator for legislation to address the problem of 
combined sewer overflows, including whether a separate 
authorization and grant program should be established by the 
Congress to address combined sewer overflows.
  (d) The Administrator, in cooperation with the States, 
including water pollution control agencies, and other water 
pollution control planning agencies, and water supply and water 
resources agencies of the States and the United States shall 
submit to Congress, within two years of the date of enactment 
of this section, a report with recommendations for legislation 
on a program to require coordination between water supply and 
wastewater control plans as a condition to grants for 
construction of treatment works under this Act. No such report 
shall be submitted except after opportunity for public hearings 
on such proposed report.
  (e) State Revolving Fund Report.--
          (1) In general.--Not later than February 10, 1990, 
        the Administrator shall submit to Congress a report on 
        the financial status and operations of water pollution 
        control revolving funds established by the States under 
        title VI of this Act. The Administrator shall prepare 
        such report in cooperation with the States, including 
        water pollution control agencies and other water 
        pollution control planning and financing agencies.
          (2) Contents.--The report under this subsection shall 
        also include the following:
                  (A) an inventory of the facilities that are 
                in significant noncompliance with the 
                enforceable requirements of this Act;
                  (B) an estimate of the cost of construction 
                necessary to bring such facilities into 
                compliance with such requirements;
                  (C) an assessment of the availability of 
                sources of funds for financing such needed 
                construction, including an estimate of the 
                amount of funds available for providing 
                assistance for such construction through 
                September 30, 1999, from the water pollution 
                control revolving funds established by the 
                States under title VI of this Act;
                  (D) an assessment of the operations, loan 
                portfolio, and loan conditions of such 
                revolving funds;
                  (E) an assessment of the effect on user 
                charges of the assistance provided by such 
                revolving funds compared to the assistance 
                provided with funds appropriated pursuant to 
                section 207 of this Act; and
                  (F) an assessment of the efficiency of the 
                operation and maintenance of treatment works 
                constructed with assistance provided by such 
                revolving funds compared to the efficiency of 
                the operation and maintenance of treatment 
                works constructed with assistance provided 
                under section 201 of this Act.

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SEC. 518. INDIAN TRIBES.

  (a) Policy.--Nothing in this section shall be construed to 
affect the application of section 101(g) of this Act, and all 
of the provisions of this section shall be carried out in 
accordance with the provisions of such section 101(g). Indian 
tribes shall be treated as States for purposes of such section 
101(g).
  (b) Assessment of Sewage Treatment Needs; Report.--The 
Administrator, in cooperation with the Director of the Indian 
Health Service, shall assess the need for sewage treatment 
works to serve Indian tribes, the degree to which such needs 
will be met through funds allotted to States under section 205 
of this Act and priority lists under section 216 of this Act, 
and any obstacles which prevent such needs from being met. Not 
later than one year after the date of the enactment of this 
section, the Administrator shall submit a report to Congress on 
the assessment under this subsection, along with 
recommendations specifying (1) how the Administrator intends to 
provide assistance to Indian tribes to develop waste treatment 
management plans and to construct treatment works under this 
Act, and (2) methods by which the participation in and 
administration of programs under this Act by Indian tribes can 
be maximized.
  (c) Reservation of Funds.--
          [(1) Fiscal years 1987-2014.--The Administrator shall 
        reserve each of fiscal years 1987 through 2014, before 
        allotments to the States under section 205(e), one-half 
        of one percent of the sums appropriated under section 
        207.
          [(2) Fiscal year 2015 and thereafter.--For fiscal 
        year 2015 and each fiscal year thereafter, the 
        Administrator shall reserve, before allotments to the 
        States under section 604(a), not less than 0.5 percent 
        and not more than 2.0 percent of the funds made 
        available to carry out title VI.]
          (1) In general.--For each fiscal year, the 
        Administrator shall reserve, of the funds made 
        available to carry out title VI (before allotments to 
        the States under section 604(a)), the greater of--
                  (A) 2 percent of such funds; or
                  (B) $30,000,000.
          (2) Use of funds.--
                  (A) Grants.--Funds reserved under this 
                subsection shall be available only for grants 
                to entities described in paragraph (3) for--
                          (i) projects and activities eligible 
                        for assistance under section 603(c); 
                        and
                          (ii) training, technical assistance, 
                        and educational programs relating to 
                        the operation and management of 
                        treatment works eligible for assistance 
                        pursuant to section 603(c).
                  (B) Limitation.--Not more than $2,000,000 of 
                the reserved funds may be used for grants under 
                subparagraph (A)(ii).
          (3)  [Use of funds] Eligible entities.--Funds 
        reserved under this subsection shall be available only 
        for grants [for projects and activities eligible for 
        assistance under section 603(c) to serve] to--
                  (A) Indian tribes (as defined in subsection 
                (h));
                  (B) former Indian reservations in Oklahoma 
                (as determined by the Secretary of the 
                Interior); and
                  (C) Native villages (as defined in section 3 
                of the Alaska Native Claims Settlement Act (43 
                U.S.C. 1602)).
  (d) Cooperative Agreements.--In order to ensure the 
consistent implementation of the requirements of this Act, an 
Indian tribe and the State or States in which the lands of such 
tribe are located may enter into a cooperative agreement, 
subject to the review and approval of the Administrator, to 
jointly plan and administer the requirements of this Act.
  (e) Treatment as States.--The Administrator is authorized to 
treat an Indian tribe as a State for purposes of title II and 
sections 104, 106, 303, 305, 308, 309, 314, 319, 401, 402, 404, 
and 406 of this Act to the degree necessary to carry out the 
objectives of this section, but only if--
          (1) the Indian tribe has a governing body carrying 
        out substantial governmental duties and powers;
          (2) the functions to be exercised by the Indian tribe 
        pertain to the management and protection of water 
        resources which are held by an Indian tribe, held by 
        the United States in trust for Indians, held by a 
        member of an Indian tribe if such property interest is 
        subject to a trust restriction on alienation, or 
        otherwise within the borders of an Indian reservation; 
        and
          (3) the Indian tribe is reasonably expected to be 
        capable, in the Administrator's judgment, of carrying 
        out the functions to be exercised in a manner 
        consistent with the terms and purposes of this Act and 
        of all applicable regulations.
Such treatment as a State may include the direct provision of 
funds reserved under subsection (c) to the governing bodies of 
Indian tribes, and the determination of priorities by Indian 
tribes, where not determined by the Administrator in 
cooperation with the Director of the Indian Health Service. The 
Administrator, in cooperation with the Director of the Indian 
Health Service, is authorized to make grants under title II of 
this Act in an amount not to exceed 100 percent of the cost of 
a project. Not later than 18 months after the date of the 
enactment of this section, the Administrator shall, in 
consultation with Indian tribes, promulgate final regulations 
which specify how Indian tribes shall be treated as States for 
purposes of this Act. The Administrator shall, in promulgating 
such regulations, consult affected States sharing common water 
bodies and provide a mechanism for the resolution of any 
unreasonable consequences that may arise as a result of 
differing water quality standards that may be set by States and 
Indian tribes located on common bodies of water. Such mechanism 
shall provide for explicit consideration of relevant factors 
including, but not limited to, the effects of differing water 
quality permit requirements on upstream and downstream 
dischargers, economic impacts, and present and historical uses 
and quality of the waters subject to such standards. Such 
mechanism should provide for the avoidance of such unreasonable 
consequences in a manner consistent with the objective of this 
Act.
  (f) Grants for Nonpoint Source Programs.--The Administrator 
shall make grants to an Indian tribe under section 319 of this 
Act as though such tribe was a State. Not more than one-third 
of one percent of the amount appropriated for any fiscal year 
under section 319 may be used to make grants under this 
subsection. In addition to the requirements of section 319, an 
Indian tribe shall be required to meet the requirements of 
paragraphs (1), (2), and (3) of subsection (d) of this section 
in order to receive such a grant.
  (g) Alaska Native Organizations.--No provision of this Act 
shall be construed to--
          (1) grant, enlarge, or diminish, or in any way affect 
        the scope of the governmental authority, if any, of any 
        Alaska Native organization, including any federally-
        recognized tribe, traditional Alaska Native council, or 
        Native council organized pursuant to the Act of June 
        18, 1934 (48 Stat. 987), over lands or persons in 
        Alaska;
          (2) create or validate any assertion by such 
        organization or any form of governmental authority over 
        lands or persons in Alaska; or
          (3) in any way affect any assertion that Indian 
        country, as defined in section 1151 of title 18, United 
        States Code, exists or does not exist in Alaska.
  (h) Definitions.--For purposes of this section, the term--
          (1) ``Federal Indian reservation'' means all land 
        within the limits of any Indian reservation under the 
        jurisdiction of the United States Government, 
        notwithstanding the issuance of any patent, and 
        including rights-of-way running through the 
        reservation; and
          (2) ``Indian tribe'' means any Indian tribe, band, 
        group, or community recognized by the Secretary of the 
        Interior and exercising governmental authority over a 
        Federal Indian reservation.

           *       *       *       *       *       *       *


TITLE VI--STATE WATER POLLUTION CONTROL REVOLVING FUNDS

           *       *       *       *       *       *       *


SEC. 602. CAPITALIZATION GRANT AGREEMENTS.

  (a) General Rule.--To receive a capitalization grant with 
funds made available under this title and section 205(m) of 
this Act, a State shall enter into an agreement with the 
Administrator which shall include but not be limited to the 
specifications set forth in subsection (b) of this section.
  (b) Specific Requirements.--The Administrator shall enter 
into an agreement under this section with a State only after 
the State has established to the satisfaction of the 
Administrator that--
          (1) the State will accept grant payments with funds 
        to be made available under this title and section 
        205(m) of this Act in accordance with a payment 
        schedule established jointly by the Administrator under 
        section 601(b) of this Act and will deposit all such 
        payments in the water pollution control revolving fund 
        established by the State in accordance with this title;
          (2) the State will deposit in the fund from State 
        moneys an amount equal to at least 20 percent of the 
        total amount of all capitalization grants which will be 
        made to the State with funds to be made available under 
        this title and section 205(m) of this Act on or before 
        the date on which each quarterly grant payment will be 
        made to the State under this title;
          (3) the State will enter into binding commitments to 
        provide assistance in accordance with the requirements 
        of this title in an amount equal to 120 percent of the 
        amount of each such grant payment within 1 year after 
        the receipt of such grant payment;
          (4) all funds in the fund will be expended in an 
        expeditious and timely manner;
          (5) all funds in the fund as a result of 
        capitalization grants under this title and section 
        205(m) of this Act will first be used to assure 
        maintenance of progress, as determined by the Governor 
        of the State, toward compliance with enforceable 
        deadlines, goals, and requirements of this Act, 
        including the municipal compliance deadline;
          (6) treatment works eligible under this Act which 
        will be constructed in whole or in part with assistance 
        made available by a State water pollution control 
        revolving fund authorized under this title, or section 
        205(m) of this Act, or both, will meet the requirements 
        of, or otherwise be treated (as determined by the 
        Governor of the State) under sections 511(c)(1) and 513 
        of this Act in the same manner as treatment works 
        constructed with assistance under title II of this Act;
          (7) in addition to complying with the requirements of 
        this title, the State will commit or expend each 
        quarterly grant payment which it will receive under 
        this title in accordance with laws and procedures 
        applicable to the commitment or expenditure of revenues 
        of the State;
          (8) in carrying out the requirements of section 606 
        of this Act, the State will use accounting, audit, and 
        fiscal procedures conforming to generally accepted 
        government accounting standards;
          (9) the State will require as a condition of making a 
        loan or providing other assistance, as described in 
        section 603(d) of this Act, from the fund that the 
        recipient of such assistance will maintain project 
        accounts in accordance with generally accepted 
        government accounting standards, including standards 
        relating to the reporting of infrastructure assets;
          (10) the State will make annual reports to the 
        Administrator on the actual use of funds in accordance 
        with section 606(d) of this Act;
          (11) the State will establish, maintain, invest, and 
        credit the fund with repayments, such that the fund 
        balance will be available in perpetuity for activities 
        under this Act;
          (12) any fees charged by the State to recipients of 
        assistance that are considered program income will be 
        used for the purpose of financing the cost of 
        administering the fund or financing projects or 
        activities eligible for assistance from the fund;
          (13) beginning in fiscal year 2016, the State will 
        require as a condition of providing assistance to a 
        municipality or intermunicipal, interstate, or State 
        agency that the recipient of such assistance certify, 
        in a manner determined by the Governor of the State, 
        that the recipient--
                  (A) has studied and evaluated the cost and 
                effectiveness of the processes, materials, 
                techniques, and technologies for carrying out 
                the proposed project or activity for which 
                assistance is sought under this title; and
                  (B) has selected, to the maximum extent 
                practicable, a project or activity that 
                maximizes the potential for efficient water 
                use, reuse, recapture, and conservation, [and 
                energy conservation] and efficient energy use 
                (including through the implementation of 
                technologies to recapture and reuse energy 
                produced in the treatment of wastewater), 
                taking into account--
                          (i) the cost of constructing the 
                        project or activity;
                          (ii) the cost of operating and 
                        maintaining the project or activity 
                        over the life of the project or 
                        activity; and
                          (iii) the cost of replacing the 
                        project or activity[; and];
          (14) a contract to be carried out using funds 
        directly made available by a capitalization grant under 
        this title for program management, construction 
        management, feasibility studies, preliminary 
        engineering, design, engineering, surveying, mapping, 
        or architectural related services shall be negotiated 
        in the same manner as a contract for architectural and 
        engineering services is negotiated under chapter 11 of 
        title 40, United States Code, or an equivalent State 
        qualifications-based requirement (as determined by the 
        Governor of the State)[.]; and
          (15) to the extent there are sufficient projects or 
        activities eligible for assistance from the fund, with 
        respect to funds for capitalization grants received by 
        the State under this title and section 205(m) in each 
        of fiscal years 2021 through 2025, the State will use 
        not less than 15 percent of such funds for projects to 
        address green infrastructure, water or energy 
        efficiency improvements, or other environmentally 
        innovative activities.

SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

  (a) Requirements for Obligation of Grant Funds.--Before a 
State may receive a capitalization grant with funds made 
available under this title and section 205(m) of this Act, the 
State shall first establish a water pollution control revolving 
fund which complies with the requirements of this section.
  (b) Administrator.--Each State water pollution control 
revolving fund shall be administered by an instrumentality of 
the State with such powers and limitations as may be required 
to operate such fund in accordance with the requirements and 
objectives of this Act.
  (c) Projects and Activities Eligible for Assistance.--The 
amounts of funds available to each State water pollution 
control revolving fund shall be used only for providing 
financial assistance--
          (1) to any municipality or intermunicipal, 
        interstate, or State agency for construction of 
        publicly owned treatment works (as defined in section 
        212);
          (2) for the implementation of a management program 
        established under section 319;
          (3) for development and implementation of a 
        conservation and management plan under section 320;
          (4) for the construction, repair, or replacement of 
        decentralized wastewater treatment systems that treat 
        municipal wastewater or domestic sewage;
          (5) for measures to manage, reduce, treat, or 
        recapture stormwater or subsurface drainage water;
          (6) to any municipality or intermunicipal, 
        interstate, or State agency for measures to reduce the 
        demand for publicly owned treatment works capacity 
        through water conservation, efficiency, or reuse;
          (7) for the development and implementation of 
        [watershed] projects meeting the criteria set forth in 
        section 122;
          (8) to any municipality or intermunicipal, 
        interstate, or State agency for measures to reduce the 
        energy consumption needs for publicly owned treatment 
        works;
          (9) for reusing or recycling wastewater, stormwater, 
        or subsurface drainage water;
          (10) for measures to increase the security of 
        publicly owned treatment works;
          (11) to any qualified nonprofit entity, as determined 
        by the Administrator, to provide assistance to owners 
        and operators of small and medium publicly owned 
        treatment works--
                  (A) to plan, develop, and obtain financing 
                for eligible projects under this subsection, 
                including planning, design, and associated 
                preconstruction activities; and
                  (B) to assist such treatment works in 
                achieving compliance with this Act; and
          (12) to any qualified nonprofit entity, as determined 
        by the Administrator, to provide assistance to an 
        eligible individual (as defined in subsection (j))--
                  (A) for the repair or replacement of existing 
                individual household decentralized wastewater 
                treatment systems; or
                  (B) in a case in which an eligible individual 
                resides in a household that could be cost-
                effectively connected to an available publicly 
                owned treatment works, for the connection of 
                the applicable household to such treatment 
                works.
  (d) Types of Assistance.--Except as otherwise limited by 
State law, a water pollution control revolving fund of a State 
under this section may be used only--
          (1) to make loans, on the condition that--
                  (A) such loans are made at or below market 
                interest rates, including interest free loans, 
                at terms not to exceed the lesser of 30 years 
                and the projected useful life (as determined by 
                the State) of the project to be financed with 
                the proceeds of the loan;
                  (B) annual principal and interest payments 
                will commence not later than 1 year after 
                completion of any project and all loans will be 
                fully amortized upon the expiration of the term 
                of the loan;
                  (C) the recipient of a loan will establish a 
                dedicated source of revenue for repayment of 
                loans;
                  (D) the fund will be credited with all 
                payments of principal and interest on all 
                loans; and
                  (E) for a treatment works proposed for 
                repair, replacement, or expansion, and eligible 
                for assistance under subsection (c)(1), the 
                recipient of a loan shall--
                          (i) develop and implement a fiscal 
                        sustainability plan that includes--
                                  (I) an inventory of critical 
                                assets that are a part of the 
                                treatment works;
                                  (II) an evaluation of the 
                                condition and performance of 
                                inventoried assets or asset 
                                groupings;
                                  (III) a certification that 
                                the recipient has evaluated and 
                                will be implementing water and 
                                energy conservation efforts as 
                                part of the plan; and
                                  (IV) a plan for maintaining, 
                                repairing, and, as necessary, 
                                replacing the treatment works 
                                and a plan for funding such 
                                activities; or
                          (ii) certify that the recipient has 
                        developed and implemented a plan that 
                        meets the requirements under clause 
                        (i);
          (2) to buy or refinance the debt obligation of 
        municipalities and intermunicipal and interstate 
        agencies within the State at or below market rates, 
        where such debt obligations were incurred after March 
        7, 1985;
          (3) to guarantee, or purchase insurance for, local 
        obligations where such action would improve credit 
        market access or reduce interest rates;
          (4) as a source of revenue or security for the 
        payment of principal and interest on revenue or general 
        obligation bonds issued by the State if the proceeds of 
        the sale of such bonds will be deposited in the fund;
          (5) to provide loan guarantees for similar revolving 
        funds established by municipalities or intermunicipal 
        agencies;
          (6) to earn interest on fund accounts; and
          (7) for the reasonable costs of administering the 
        fund and conducting activities under this title, except 
        that such amounts shall not exceed 4 percent of all 
        grant awards to such fund under this title, $400,000 
        per year, or \1/5\ percent per year of the current 
        valuation of the fund, whichever amount is greatest, 
        plus the amount of any fees collected by the State for 
        such purpose regardless of the source.
  (e) Limitation To Prevent Double Benefits.--If a State makes, 
from its water pollution revolving fund, a loan which will 
finance the cost of facility planning and the preparation of 
plans, specifications, and estimates for construction of 
publicly owned treatment works, the State shall ensure that if 
the recipient of such loan receives a grant under section 
201(g) of this Act for construction of such treatment works and 
an allowance under section 201(l)(1) of this Act for non-
federal funds expended for such planning and preparation, such 
recipient will promptly repay such loan to the extent of such 
allowance.
  (f) Consistency With Planning Requirements.--A State may 
provide financial assistance from its water pollution control 
revolving fund only with respect to a project which is 
consistent with plans, if any, developed under sections 205(j), 
208, 303(e), 319, and 320 of this Act.
  (g) Priority List Requirement.--The State may provide 
financial assistance from its water pollution control revolving 
fund only with respect to a project for construction of a 
treatment works described in subsection (c)(1) if such project 
is on the State's priority list under section 216 of this Act. 
Such assistance may be provided regardless of the rank of such 
project on such list.
  (h) Eligibility of Non-Federal Share of Construction Grant 
Projects.--A State water pollution control revolving fund may 
provide assistance (other than under subsection (d)(1) of this 
section) to a municipality or intermunicipal or interstate 
agency with respect to the non-Federal share of the costs of a 
treatment works project for which such municipality or agency 
is receiving assistance from the Administrator under any other 
authority only if such assistance is necessary to allow such 
project to proceed.
  (i) Additional Subsidization.--
          (1) In general.--In any case in which a State 
        provides assistance to an eligible recipient under 
        subsection (d), the State may provide additional 
        subsidization[, including forgiveness of principal and 
        negative interest loans] (including in the form of 
        forgiveness of principal, negative interest loans, or 
        grants)--
                  (A) [in assistance] to a municipality or 
                intermunicipal, interstate, or State agency to 
                benefit a municipality that--
                          (i) meets the affordability criteria 
                        of the State established under 
                        paragraph (2); or
                          (ii) does not meet the affordability 
                        criteria of the State if the 
                        recipient--
                                  (I) seeks additional 
                                subsidization to benefit 
                                individual ratepayers in the 
                                residential user rate class;
                                  (II) demonstrates to the 
                                State that such ratepayers will 
                                experience a significant 
                                hardship from the increase in 
                                rates necessary to finance the 
                                project or activity for which 
                                assistance is sought; and
                                  (III) ensures, as part of an 
                                assistance agreement between 
                                the State and the recipient, 
                                that the additional 
                                subsidization provided under 
                                this paragraph is directed 
                                through a user charge rate 
                                system (or other appropriate 
                                method) [to such ratepayers] to 
                                help such ratepayers maintain 
                                access to wastewater and 
                                stormwater treatment services; 
                                or
                  (B) to implement a process, material, 
                technique, or technology--
                          (i) to address water-efficiency 
                        goals;
                          (ii) to address energy-efficiency 
                        goals;
                          (iii) to mitigate stormwater runoff; 
                        or
                          (iv) to encourage sustainable project 
                        planning, design, and construction.
          (2) Affordability criteria.--
                  (A) Establishment.--
                          (i) In general.--Not later than 
                        September 30, 2015, and after providing 
                        notice and an opportunity for public 
                        comment, a State shall establish 
                        affordability criteria to assist in 
                        identifying municipalities that would 
                        experience a significant hardship 
                        raising the revenue necessary to 
                        finance a project or activity eligible 
                        for assistance under subsection (c)(1) 
                        if additional subsidization is not 
                        provided.
                          (ii) Contents.--The criteria under 
                        clause (i) shall be based on income and 
                        unemployment data, population trends, 
                        and other data determined relevant by 
                        the State, including whether the 
                        project or activity is to be carried 
                        out in an economically distressed area, 
                        as described in section 301 of the 
                        Public Works and Economic Development 
                        Act of 1965 (42 U.S.C. 3161).
                  (B) Existing criteria.--If a State has 
                previously established, after providing notice 
                and an opportunity for public comment, 
                affordability criteria that meet the 
                requirements of subparagraph (A)--
                          (i) the State may use the criteria 
                        for the purposes of this subsection; 
                        and
                          (ii) those criteria shall be treated 
                        as affordability criteria established 
                        under this paragraph.
                  (C) Information to assist states.--The 
                Administrator may publish information to assist 
                States in establishing affordability criteria 
                under subparagraph (A).
          [(3) Limitations.--
                  [(A) In general.--A State may provide 
                additional subsidization in a fiscal year under 
                this subsection only if the total amount 
                appropriated for making capitalization grants 
                to all States under this title for the fiscal 
                year exceeds $1,000,000,000.
                  [(B) Additional limitation.--
                          [(i) General rule.--Subject to clause 
                        (ii), a State may use not more than 30 
                        percent of the total amount received by 
                        the State in capitalization grants 
                        under this title for a fiscal year for 
                        providing additional subsidization 
                        under this subsection.
                          [(ii) Exception.--If, in a fiscal 
                        year, the amount appropriated for 
                        making capitalization grants to all 
                        States under this title exceeds 
                        $1,000,000,000 by a percentage that is 
                        less than 30 percent, clause (i) shall 
                        be applied by substituting that 
                        percentage for 30 percent.
                  [(C) Applicability.--The authority of a State 
                to provide additional subsidization under this 
                subsection shall apply to amounts received by 
                the State in capitalization grants under this 
                title for fiscal years beginning after 
                September 30, 2014.
                  [(D) Consideration.--If the State provides 
                additional subsidization to a municipality or 
                intermunicipal, interstate, or State agency 
                under this subsection that meets the criteria 
                under paragraph (1)(A), the State shall take 
                the criteria set forth in section 602(b)(5) 
                into consideration.]
          (3) Subsidization amounts.--
                  (A) In general.--A State may use for 
                providing additional subsidization in a fiscal 
                year under this subsection an amount that does 
                not exceed the greater of--
                          (i) 30 percent of the total amount 
                        received by the State in capitalization 
                        grants under this title for the fiscal 
                        year; or
                          (ii) the annual average over the 
                        previous 10 fiscal years of the amounts 
                        deposited by the State in the State 
                        water pollution control revolving fund 
                        from State moneys that exceed the 
                        amounts required to be so deposited 
                        under section 602(b)(2).
                  (B) Minimum.--For each of fiscal years 2021 
                through 2025, to the extent there are 
                sufficient applications for additional 
                subsidization under this subsection that meet 
                the criteria under paragraph (1)(A), a State 
                shall use for providing additional 
                subsidization in a fiscal year under this 
                subsection an amount that is not less than 10 
                percent of the total amount received by the 
                State in capitalization grants under this title 
                for the fiscal year.
  (j) Definition of Eligible Individual.--In subsection 
(c)(12), the term ``eligible individual'' means a member of a 
household, the members of which have a combined income (for the 
most recent 12-month period for which information is available) 
equal to not more than 50 percent of the median nonmetropolitan 
household income for the State in which the household is 
located, according to the most recent decennial census.

SEC. 604. ALLOTMENT OF FUNDS.

  (a) Formula.--Sums authorized to be appropriated to carry out 
this section for [each of fiscal years 1989 and 1990] each 
fiscal year shall be allotted by the Administrator in 
accordance with section 205(c) of this Act.
  (b) Reservation of Funds for Planning.--Each State shall 
reserve each fiscal year 1 percent of the sums allotted to such 
State under this section for such fiscal year, or $100,000, 
whichever amount is greater, to carry out planning under 
sections 205(j) and 303(e) of this Act.
  (c) Allotment Period.--
          (1) Period of availability for grant award.--Sums 
        allotted to a State under this section for a fiscal 
        year shall be available for obligation by the State 
        during the fiscal year for which sums are authorized 
        and during the following fiscal year.
          (2) Reallotment of unobligated funds.--The amount of 
        any allotment not obligated by the State by the last 
        day of the 2-year period of availability established by 
        paragraph (1) shall be immediately reallotted by the 
        Administrator on the basis of the same ratio as is 
        applicable to sums allotted under title II of this Act 
        for the second fiscal year of such 2-year period. None 
        of the funds reallotted by the Administrator shall be 
        reallotted to any State which has not obligated all 
        sums allotted to such State in the first fiscal year of 
        such 2-year period.
  (d) Wastewater Infrastructure Workforce Development.--A State 
may reserve each fiscal year up to 1 percent of the sums 
allotted to the State under this section for the fiscal year to 
carry out workforce development, training, and retraining 
activities described in section 104(g).

           *       *       *       *       *       *       *


[SEC. 607. AUTHORIZATION OF APPROPRIATIONS.

   [There is authorized to be appropriated to carry out the 
purposes of this title the following sums:
          [(1) $1,200,000,000 per fiscal year for each of 
        fiscal year 1989 and 1990;
          [(2) $2,400,000,000 for fiscal year 1991;
          [(3) $1,800,000,000 for fiscal year 1992;
          [(4) $1,200,000,000 for fiscal year 1993; and
          [(5) $600,000,000 for fiscal year 1994.]

SEC. 607. RESERVATION OF FUNDS FOR TERRITORIES OF THE UNITED STATES.

  (a) In General.--
          (1) Reservation.--For each fiscal year, the 
        Administrator shall reserve 1.5 percent of available 
        funds, as calculated in accordance with paragraph (2).
          (2) Calculation of available funds.--The amount of 
        available funds shall be calculated by subtracting the 
        amount of any funds reserved under section 518(c) from 
        the amount of funds made available to carry out this 
        title (before allotments to the States under section 
        604(a)).
  (b) Use of Funds.--Funds reserved under this section shall be 
available only for grants to American Samoa, the Commonwealth 
of the Northern Mariana Islands, Guam, and the Virgin Islands 
for projects and activities eligible for assistance under 
section 603(c).
  (c) Limitation.--American Samoa, the Commonwealth of the 
Northern Mariana Islands, Guam, and the Virgin Islands may not 
receive funds allotted under section 604(a).

           *       *       *       *       *       *       *


SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this 
title the following sums:
          (1) $2,400,000,000 for fiscal year 2021.
          (2) $2,600,000,000 for fiscal year 2022.
          (3) $2,800,000,000 for fiscal year 2023.
          (4) $3,000,000,000 for fiscal year 2024.
          (5) $3,200,000,000 for fiscal year 2025.
                              ----------                              


                  WATER INFRASTRUCTURE IMPROVEMENT ACT



           *       *       *       *       *       *       *
SEC. 4. MUNICIPAL OMBUDSMAN.

  (a) Establishment.--There is established within the Office of 
the Administrator an Office of the Municipal Ombudsman, to be 
headed by a Municipal Ombudsman.
  (b) General Duties.--The duties of the Municipal Ombudsman 
shall include the provision of--
          [(1) technical assistance to municipalities seeking 
        to comply with the Federal Water Pollution Control Act; 
        and]
          (1) technical and planning assistance to support 
        municipalities, including municipalities that are 
        rural, small, and tribal communities, in achieving and 
        maintaining compliance with enforceable deadlines, 
        goals, and requirements of the Federal Water Pollution 
        Control Act; and
          (2) information to the Administrator to help the 
        Administrator ensure that agency policies are 
        implemented by all offices of the Environmental 
        Protection Agency, including regional offices.
  (c) Actions Required.--The Municipal Ombudsman shall work 
with appropriate offices at the headquarters and regional 
offices of the Environmental Protection Agency to ensure that a 
municipality seeking assistance is provided information 
regarding--
          (1) available Federal financial assistance for which 
        the municipality is eligible;
          (2) flexibility available under the Federal Water 
        Pollution Control Act; and
          (3) the opportunity to develop an integrated plan 
        under section 402(s) of the Federal Water Pollution 
        Control Act.
  (d) Information Sharing.--The Municipal Ombudsman shall 
publish on the website of the Environmental Protection Agency--
          (1) general information relating to--
                  (A) the technical assistance referred to in 
                subsection (b)(1);
                  (B) the financial assistance referred to in 
                subsection (c)(1);
                  (C) the flexibility referred to in subsection 
                (c)(2); and
                  (D) any resources developed by the 
                Administrator related to integrated plans under 
                section 402(s) of the Federal Water Pollution 
                Control Act; and
          (2) a copy of each permit, order, or judicial consent 
        decree that implements or incorporates such an 
        integrated plan.

           *       *       *       *       *       *       *


                             MINORITY VIEWS

    The Republicans of the Committee on Transportation and 
Infrastructure joined with the Committee's Majority, after long 
and careful negotiations, to support H.R. 1497, the Water 
Quality Protection and Job Creation Act of 2019, on a 
bipartisan basis during the Committee markup of this bill. 
However, while we continue to support the intent behind H.R. 
1497, we have some specific concerns about the bill and 
concerns regarding its future direction as it gets reported out 
of the Committee.
    First, we are concerned about the potential unintended 
consequences of the legislation as reported out of the 
Committee on Transportation and Infrastructure (Committee or 
T&I), as it relates to section 7 of the reported bill (entitled 
``National Pollutant Discharge Elimination System'') and the 
differing views on how section 7 would be interpreted under the 
law, if enacted. These concerns were exacerbated since our 
Majority counterparts have failed to fully acknowledge the need 
to continue conversations with interested parties that stand to 
be adversely impacted. Such conversations are necessary to 
ensure that these parties do not suffer greater, unnecessary 
regulatory burdens.
    Specifically, the amendment in the nature of a substitute 
(ANS) to H.R. 1497 included a new section 7, which would amend 
the National Pollutant Discharge Elimination System (NPDES) 
permitting program under section 402 of the Clean Water Act 
(CWA). This section, based on H.R. 1764 introduced by 
Representative John Garamendi (D-CA), would lend permitting 
authorities under the NPDES program greater flexibility to 
tailor permits issued to a municipality with extended permit 
terms of up to 10 years. This flexibility would enable 
permitting authorities to take into account circumstances 
unique to each eligible permittee such as construction 
schedules and life cycles of treatment technologies.
    However, rather than providing greater flexibility, the 
amended section 7 of H.R. 1497 would restrict the ability of 
NPDES permit writers to issue longer term permits, or to 
administratively continue permits, thereby limiting their 
discretion and flexibility in issuing and reissuing permits.
    Section 7 ostensibly provides authority to the States to 
issue, to an eligible municipality for up to 10 years in 
duration, an NPDES permit for a covered discharge from a 
publicly owned treatment works. Section 7, however, would limit 
an ``eligible municipality'' to only those municipalities with 
a history of compliance with the CWA, as determined in 
accordance with undefined standards to be established by the 
Environmental Protection Agency (EPA) Administrator.
    Section 7 would also create a new subsection (t) within CWA 
section 402 that defines the scope of covered discharges and 
eligible municipalities authorized to apply for extended 
permits terms; and would direct the EPA Administrator, within 1 
year of the date of enactment, to issue a rulemaking to 
implement the provisions of subsection (t).
    Section 7 would further require that, within that 
rulemaking, the EPA Administrator establish standards for 
determining a history of compliance with the CWA that would 
apply to eligible municipalities. The Majority has stated, in 
the majority report on H.R. 1497, as amended, that it intends 
for eligibility for extended permits (more than 5 years) to be 
limited only to municipalities that are ``good actors'' and 
have been generally in compliance with the requirements of the 
CWA.
    Committee Republicans do not take such a narrow and 
inflexible view on this section. In developing the criteria in 
the implementing regulations for eligible municipalities 
seeking extended permit terms, the EPA Administrator should 
provide flexibility to permitting authorities to issue, in 
their discretion (as guided by the criteria that the EPA 
Administrator develops), NPDES permits with extended terms for 
municipalities that have demonstrated competence in managing 
their water quality programs.
    Committee Republicans believe that providing flexibility in 
the design of implementation criteria governing eligibility for 
extended permit terms is essential, given the many technical 
and legal issues that individual municipalities must address in 
carrying out clean water programs. A one-size-fits-all approach 
that exclusively emphasizes a municipality's past compliance 
record would serve to discriminate against conscientious 
municipalities.
    For example, if the Majority's narrow view is implemented, 
municipalities that work diligently and in good faith to 
achieve compliance and to develop innovative treatment programs 
may be unjustifiably impacted. If they are to be issued a 
permit under section 402(t) of the CWA incorporating an 
integrated plan that includes a schedule of compliance under 
which actions taken to meet any applicable water quality-based 
effluent limitation may be implemented over more than one 
permit term, they are subject to disruptions to their treatment 
systems that are not within their control, or a permitting 
authority might otherwise determine is suitable for an extended 
permit.
    Section 7 of the bill also would amend section 402 of the 
CWA to limit the ability of NPDES permits to continue in force 
beyond the last day of a permit's fixed term. It states that 
NPDES permits (both existing 5-year permits as well as 
potential future permits of up to 10 years in duration 
authorized by this section) may not exceed their statutory 
duration term, except as provided in a cumbersome new process 
that is intended to ensure that the State and/or EPA review, 
potentially revise, and reissue such permits.
    Numerous municipalities, States, and other stakeholders 
have raised substantial concerns about the potential impacts of 
provisions in Section 7 of the bill, to limit the ability of 
NPDES permits to be administratively continued in force beyond 
the last day of a permit's fixed term.\1\ Stakeholders are 
particularly concerned that these provisions pertain to all 
NPDES permits issued by permitting authorities, including those 
with traditional 5-year permit terms, and would therefore 
impact a broad range of interests and industries far beyond the 
scope of the other provisions of this legislation, which is 
narrowly focused on municipal wastewater systems.\2\
---------------------------------------------------------------------------
    \1\Letter from California Association of Sanitation Agencies to 
Hon. Peter DeFazio, Hon. Sam Graves, Hon. Grace Napolitano and Hon. 
Bruce Westerman, (Oct. 28, 2019) (on File with Committee); see also 
Letter from Agricultural Retailers Association American Concrete Pipe 
Association, American Farm Bureau Federation, America Forest & Paper 
Association, American Iron and Steel Institute, American Pipeline 
Contractors Association, American Public Power Association, American 
Road & Transportation Builders Association, Association Builders and 
Contractors, Associated General Contractors of America, Distribution 
Contractors Association, Edison Electric Institute, Golf Course 
Superintendents Association of America, Industrial Minerals 
Association--North America, International Liquid Terminals Association, 
National Association of Home Builders, National Cattlemen's Beef 
Association, National Council of Farmer Cooperatives, National Mining 
Association, National Ready Mixed Concrete Association, National Rural 
Electric Cooperative Association, National Stone, Sand and Gravel 
Association, National Utility Contractors Association, Power and 
Communication Contractors Association, RISE (Responsible Industry for a 
Sound Environment), Southeastern Lumber Manufacturers Association, The 
Fertilizer Institute, Treated Wood Council, and the U.S. Chamber of 
Commerce to Hon. John Barrasso, Hon. Tom Carper, Hon. Peter DeFazio, 
and Hon. Sam Graves, (June 26, 2020), (on file with Committee).
    \2\Id.
---------------------------------------------------------------------------
    Further, there is concern that, by mandating that EPA make 
a final decision on any NPDES permit that has not been renewed 
within 180 days of its expiration date, the legislation would 
unduly infringe on the role of the States in the NPDES 
permitting process. This would significantly increase 
regulatory uncertainty and the potential for unwarranted 
litigation over NPDES permits, likely impede the proper 
implementation of State water quality standards, further limit 
public participation in the reissuance process, provide little 
consideration for the root causes of reissuance delays, and 
fail to recognize that a significant percentage of all 
administratively continued permits are reissued within one year 
of the original permit term expiration. This is not the 
intention of this legislation or this section as envisioned by 
Committee Republicans.
    States need and rely on the flexibility to administratively 
extend a permit where timely renewal may be difficult to 
achieve for a variety of reasons, including the oftentimes 
complicated nature of a given permit application. The need for 
a permit extension is frequently driven, not by lack of 
oversight by the regulatory authority or purposeful delay by 
the local agency, but rather by either technical or legal 
considerations that are being worked through by all parties.
    This limitation on the ability of NPDES permits to continue 
in force beyond the last day of a permit's fixed term fails to 
acknowledge or account for this reality, and instead imposes a 
new and cumbersome review process that elevates permit renewals 
to EPA (thereby infringing on the role of the States in the 
NPDES permitting process), and serves to set into motion a 
process that can further delay decision-making and permit 
issuances. EPA would be required to dedicate significant staff 
resources to drafting new permits, including in circumstances 
where EPA staff may be unfamiliar with a permittee's needs, 
local considerations, the receiving water quality, and other 
factors. This proposed approach is unnecessary, unsupported, 
and creates new hurdles to the expressed desire to secure 
timely permit renewals.
    The Republicans of the Committee on Transportation and 
Infrastructure acknowledge all of these concerns with the bill. 
As the bill moves forward, we look forward to working with all 
interested stakeholders on these issues to ensure that the 
provisions of the legislation support regulatory certainty, do 
not unduly impact NPDES-permitted entities or State 
implementing agencies, and do not interfere with the proper 
implementation of State water quality standards.
    Lastly, we want to express our disappointment about the 
future direction in which H.R. 1497 appears to be headed after 
it was reported out of the Committee. We note, for example, how 
the Committee's Majority ignored, in the Majority's partisan 
infrastructure bill, H.R. 2, the carefully crafted bipartisan 
agreement on H.R. 1497, as amended, that they reached with 
Committee Republicans. Instead of abiding by our bipartisan 
agreement, they chose to go in a different direction by cherry-
picking and inflating to unrealistic levels many of the water 
funding provisions from H.R. 1497, and ignoring provisions of 
importance to Committee Republicans.
    We agree there is a need to improve America's 
infrastructure. However, if the Majority was serious about 
achieving this goal, they would have remained supportive of the 
bipartisan agreement reached on H.R. 1497. Every Democrat and 
every Republican knows that a bipartisan agreement is the only 
way we are going to improve water infrastructure. That is why 
the Majority should be standing by the bipartisan agreement 
reached on H.R. 1497 and working with all interested 
stakeholders on the issues with the bill that remain 
outstanding.

                                   Sam Graves,
                                           Ranking Member.
                                   Bruce Westerman,
                                           Ranking Member, Subcommittee 
                                               on Water Resources and 
                                               Environment.

                                  [all]