H. Rpt. 119-564 accompanies infrastructure legislation titled "American Water Stewardship Act". Infrastructure bills affect highways, bridges, airports, transit, water systems, broadband, ports, or federal buildings. The Transportation and Infrastructure Committee's report describes the infrastructure need, the proposed federal investment or regulatory change, and projected economic and community benefits. Infrastructure reports typically include analysis of safety, efficiency, environmental impact, and regional effects.
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House Report 119-564 - AMERICAN WATER STEWARDSHIP ACT
[House Report 119-564]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 119-564
=======================================================================
AMERICAN WATER STEWARDSHIP ACT
----------------
March 20, 2026.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
----------------
Mr. Graves, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 6422]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 6422) to amend the Federal Water
Pollution Control Act to reauthorize certain EPA geographic
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........................................... 4
Background and Need for Legislation.............................. 4
Hearings......................................................... 5
Legislative History and Consideration............................ 6
Committee Votes.................................................. 6
Committee Oversight Findings and Recommendations................. 6
New Budget Authority and Tax Expenditures........................ 6
Congressional Budget Office Cost Estimate........................ 7
Performance Goals and Objectives................................. 10
Duplication of Federal Programs.................................. 10
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 10
Federal Mandates Statement....................................... 10
Preemption Clarification......................................... 10
Advisory Committee Statement..................................... 10
Applicability to Legislative Branch.............................. 10
Section-by-Section Analysis of the Legislation................... 11
Changes in Existing Law Made by the Bill, as Reported............ 11
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 ``American Water Stewardship Act''.
SEC. 2. GREAT LAKES RESTORATION INITIATIVE.
Section 118(c)(7)(J)(i)(VI) of the Federal Water Pollution Control
Act (33 U.S.C. 1268(c)(7)(J)(i)(VI)) is amended by striking ``fiscal
year 2026'' and inserting ``each of fiscal years 2026 through 2031''.
SEC. 3. LONG ISLAND SOUND.
Section 119(h) of the Federal Water Pollution Control Act (33 U.S.C.
1269(h)) is amended by striking ``2023'' and inserting ``2031''.
SEC. 4. COLUMBIA RIVER BASIN RESTORATION.
Section 123(d)(6) of the Federal Water Pollution Control Act (33
U.S.C. 1275(d)(6)) is amended by striking ``and 2021'' and inserting
``through 2031''.
SEC. 5. SAN FRANCISCO BAY RESTORATION PROGRAM.
Section 125 of the Federal Water Pollution Control Act (33 U.S.C.
1276a) is amended--
(1) in the section heading, by striking ``grant''; and
(2) in subsection (e)--
(A) in the subsection heading, by striking ``Grant
Program'' and inserting ``Program Implementation'';
(B) in paragraph (1), by striking ``or other means to
State and local agencies, special districts, and public
or nonprofit agencies'' and inserting ``interagency
agreements, contracts, or other funding mechanisms to
Federal, State, and local agencies, special districts,
public or nonprofit agencies, and other public or
private entities''; and
(C) by striking paragraph (2) and inserting the
following:
``(2) Maximum amount.--Amounts provided for a project,
activity, or study under this section shall not exceed an
amount that is equal to 75 percent of the total cost of such
project, activity, or study.
``(3) Assistance to non-federal entities.--Not less than 25
percent of the cost of any project, activity, or study carried
out using amounts provided to a non-Federal entity under this
section shall be provided from non-Federal sources.''.
SEC. 6. NATIONAL ESTUARY PROGRAM.
(a) In General.--Section 320 of the Federal Water Pollution Control
Act (33 U.S.C. 1330) is amended--
(1) in subsection (a)(2)(B), by striking ``and Pensacola and
Perdido Bays, Florida'' and inserting ``Pensacola and Perdido
Bays, Florida; and Mississippi Sound, Mississippi''; and
(2) in subsection (i)(1), in the matter preceding
subparagraph (A), by striking ``2026'' and inserting ``2031''.
(b) Ineligibility With Respect to Fiscal Years 2026 and 2027.--With
respect to the amendment made by subsection (a)(1), the Administrator
of the Environmental Protection Agency may not use for the
implementation of that amendment, including, with respect to
Mississippi Sound, Mississippi, convening a management conference,
developing or carrying out a comprehensive conservation and management
plan, or providing grants under section 320 of the Federal Water
Pollution Control Act (33 U.S.C. 1330)--
(1) any amounts appropriated to carry out the national
estuary program under that section for fiscal year 2026; or
(2) unless the total amount appropriated to carry out that
program for fiscal year 2027 is at least $850,000 more than the
total amount appropriated to carry out that program for fiscal
year 2024, any amounts appropriated to carry out that program
for fiscal year 2027.
SEC. 7. COASTAL RECREATION WATER QUALITY MONITORING AND NOTIFICATION.
(a) In General.--
(1) Program development and implementation grants.--Section
406 of the Federal Water Pollution Control Act (33 U.S.C. 1346)
is amended--
(A) in subsection (b)--
(i) in paragraph (3)(A)--
(I) in clause (i), by striking
``and'' at the end;
(II) by redesignating clause (ii) as
clause (iii); and
(III) by inserting after clause (i)
the following:
``(ii) in the case of a State that uses such
grant to identify specific sources of
contamination pursuant to paragraph (5), any
data relating to such identified sources of
contamination; and''; and
(ii) by adding at the end the following:
``(5) Identification of specific sources of contamination.--A
State or local government receiving a grant under this
subsection may use such grant to identify specific sources of
contamination for coastal recreation waters adjacent to beaches
or similar points of access that are used by the public.''; and
(B) in subsection (i), by striking ``2001 through
2005'' and inserting ``2026 through 2031''.
(2) Authorization of appropriations.--Section 8 of the
Beaches Environmental Assessment and Coastal Health Act of 2000
(Public Law 106-284; 114 Stat. 877) is amended by striking
``2001 through 2005'' and inserting ``2026 through 2031''.
(b) Coastal Recreation Waters Defined.--Section 502(21)(A)(ii) of the
Federal Water Pollution Control Act (33 U.S.C. 1362(21)(A)(ii)) is
amended by striking ``(including coastal estuaries)'' and inserting
``(including coastal estuaries, the mouths of rivers and streams,
nearby shallow waters, and waters present on beaches)''.
(c) Guidance.--In providing guidance to States and local governments
receiving grants under section 406 of the Federal Water Pollution
Control Act (33 U.S.C. 1346), the Administrator of the Environmental
Protection Agency shall ensure that such guidance reflects innovations
in testing technologies for water contamination.
SEC. 8. LIMITATION ON USE OF FUNDS.
No Federal funds made available for any of fiscal years 2026 through
2031 to carry out section 118, 119, 123, 125, 320, or 406 of the
Federal Water Pollution Control Act may be provided to any non-Federal
entity--
(1) that is domiciled in, headquartered in, or organized
under the laws of, or the principal place of business of which
is located in, a foreign country of concern (as defined in
section 10638 of the Research and Development, Competition, and
Innovation Act (42 U.S.C. 19237)); or
(2) for projects conducted with a foreign country of concern.
SEC. 9. GEOGRAPHIC PROGRAM REPORT.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report on EPA geographic programs.
(b) Required Evaluation.--In preparing the report required under
subsection (a), the Comptroller General shall include an evaluation,
with respect to each EPA geographic program, of--
(1) the management of funds, including the efficiency and
effectiveness of program operations and the use of Federal
funds;
(2) the progress towards achieving program purposes, goals,
and objectives, including the status of program goals and
objectives and the extent to which the program has demonstrated
measurable outcomes;
(3) obstacles to program success or progress;
(4) the efficacy of coordination with other Federal, State,
Tribal, and local programs and actions, including whether there
is any duplication of efforts among such programs and actions;
and
(5) the ethics policies and practices of the office of the
Environmental Protection Agency responsible for implementing
the program.
(c) Recommendations.--The Comptroller General shall include in the
report required under subsection (a) recommendations, as appropriate,
to improve EPA geographic program efficiency, accountability, and
effectiveness in achieving program purposes, goals, and objectives.
(d) EPA Geographic Program Defined.--In this section, the term ``EPA
geographic program'' means--
(1) the Chesapeake Bay Program under section 117 of the
Federal Water Pollution Control Act (33 U.S.C. 1267);
(2) the Great Lakes Restoration Initiative under section 118
of the Federal Water Pollution Control Act (33 U.S.C. 1268);
(3) the Long Island Sound program under section 119 of the
Federal Water Pollution Control Act (33 U.S.C. 1269);
(4) the Patrick Leahy Lake Champlain Basin Program under
section 120 of the Federal Water Pollution Control Act (33
U.S.C. 1270);
(5) the Lake Pontchartrain Basin Restoration Program under
section 121 of the Federal Water Pollution Control Act (33
U.S.C. 1273);
(6) the Columbia River Basin Restoration Program under
section 123 of the Federal Water Pollution Control Act (33
U.S.C. 1275);
(7) the San Francisco Bay Restoration Program under section
125 of the Federal Water Pollution Control Act (33 U.S.C.
1276a);
(8) the Puget Sound program under section 126 of the Federal
Water Pollution Control Act (33 U.S.C. 1276b);
(9) the Gulf of America Program carried out by the
Administrator;
(10) the South Florida Program carried out by the
Administrator; or
(11) the Southeast New England Program carried out by the
Administrator.
Purpose of Legislation
The purpose of H.R. 6422, as amended, is to amend the
Federal Water Pollution Control Act to reauthorize certain EPA
geographic programs, and for other purposes.
Background and Need for Legislation
This bill reauthorizes several long-standing Environmental
Protection Agency (EPA) programs for five years, through fiscal
year 2031. These programs have successfully helped communities
address regional water quality issues and perform ecosystem
restoration projects.
The EPA administers twelve non-regulatory regional
geographic programs located across the United States.\1\ These
programs are authorized by the Clean Water Act (CWA), either by
specific statutory authority or through broad authorities under
the CWA, and aim to support water quality and ecosystem
restoration.\2\
---------------------------------------------------------------------------
\1\EPA, Geographic Programs, (January 14, 2026), available at
https://www.epa.gov/water-
infrastructure/geographic-programs.
\2\Id.
---------------------------------------------------------------------------
This legislation reauthorizes several EPA geographic
programs, including the Great Lakes Restoration Initiative,
Long Island Sound, and Columbia River Basin Restoration, which
are set to expire in fiscal year 2026. H.R. 6422, as amended,
reauthorizes these programs for five years, through fiscal year
2031.
H.R. 6422, as amended, also seeks to align the San
Francisco Bay program's authorities with those of other
geographic programs by authorizing it to enter into contracts
and interagency agreements. For example, one of the main tools
of the Great Lakes Restoration Initiative, the largest
geographic program, is entering into interagency agreements to
administer funding and supplementing funding efforts of other
Federal agencies.
Additionally, H.R. 6422, as amended, reauthorizes the
National Estuary Program (NEP) through fiscal year 2026. The
NEP, which was authorized by Congress in 1987, aims to protect
and restore ``estuaries of national significance'' threatened
by pollution, development, or overuse.\3\ The NEP includes 28
estuaries located along the Atlantic, Gulf, and Pacific coasts
and in Puerto Rico.\4\
---------------------------------------------------------------------------
\3\U.S. EPA, Overview of the National Estuary Program, (January 14,
2026), available at https://www.epa.gov/nep/overview-national-estuary-
program.
\4\Id.
---------------------------------------------------------------------------
H.R. 6422, as amended, also reauthorizes and makes targeted
changes to the EPA BEACH Act program, which was authorized in
2000.\5\ Through the BEACH Act, EPA provides grants to states,
territories, tribes and local governments to support the
development and implementation of beach monitoring programs.
Specifically, this legislation reauthorizes the program at $30
million for five years through fiscal year 2031, which retains
the previously authorized funding levels--expands eligible uses
of BEACH Act grants to include identification of sources of
contamination, and authorizes testing locations to include
shallow recreational waters adjacent to beaches.
---------------------------------------------------------------------------
\5\H.R. 999, the Beaches Environmental Assessment and Coastal
Health Act of 2000 (P.L. 109-98).
---------------------------------------------------------------------------
H.R. 6422, as amended, ensures accountability within EPA
geographic programs by requiring a Government Accountability
Office (GAO) report to evaluate the management, impact, and
potential for fraud in all EPA geographic programs, seeking to
identify best practices as well as ensure proper stewardship of
taxpayer dollars within all EPA geographic programs.
Hearings
For the purposes of rule XIII, clause 3(c)(6)(A) of the
119th Congress--
On May 14, 2025, the Committee on Transportation and
Infrastructure held a hearing, titled, ``Committee on
Transportation and Infrastructure.'' The Committee received
testimony from members of Congress on their priorities within
the Committee's jurisdiction.
On March 11, 2025, the Subcommittee on Water Resources and
Environment held a hearing, titled, ``Water Infrastructure
Financing: WIFIA and the Clean Water State Revolving Fund.''
The Subcommittee received testimony from witnesses representing
the Council of Infrastructure Financing Authorities, Lummi
Nation, Jacobs, and the National Utility Contractors
Association. The hearing examined the local and National
perspectives on EPA grant programs like the Water
Infrastructure and Innovation Act (WIFIA) and the Clean Water
State Revolving Fund (CWSRF).
Additionally, hearings held in prior Congresses also
informed the legislation:
On September 28, 2023, the Subcommittee on Water Resources
and Environment held a hearing, titled, ``Clean Water
Infrastructure Financing: State and Local Perspectives and
Recent Developments.'' The Subcommittee received testimony from
witnesses representing the Council of Infrastructure Financing
Authorities (CIFA), National Association of Clean Water
Agencies (NACWA), United States Chamber of Commerce, and the
Natural Resources Defense council. The hearing examined the
current state of clean water infrastructure financing through
WIFIA and the CWSRF programs.
On June 22, 2023, the Subcommittee on Water Resources and
Environment held a hearing, titled, ``Review of Fiscal Year
2024 Budget Request: Agency Perspectives (Part I).'' The
Subcommittee received testimony from witnesses representing the
United States Army Corps of Engineers (Corps), Tennessee Valley
Authority (TVA), and Great Lakes St. Lawrence Seaway
Development Corporation (GLS). At the second hearing, the
Subcommittee will receive testimony from the United States
Environmental Protection Agency (EPA), International Boundary
and Water Commission, United States Section (IBWC), Agency for
Toxic Substances and Disease Registry (ATSDR), National Oceanic
and Atmospheric Administration (NOAA), and Natural Resources
Conservation Service (NRCS).
On July 23, 2023, the Subcommittee on Water Resources and
Environment held a hearing, titled, ``Review of Fiscal Year
2024 Budget Request: Agency Perspectives (Part II).'' The
Subcommittee received testimony from witnesses representing the
United States Environmental Protection Agency (EPA),
International Boundary and Water Commission, United States
Section (IBWC), Agency for Toxic Substances and Disease
Registry (ATSDR), National Oceanic and Atmospheric
Administration (NOAA), and Natural Resources Conservation
Service (NRCS). At the first hearing, the Subcommittee received
testimony from the United States Army Corps of Engineers
(Corps), Tennessee Valley Authority (TVA), and Great Lakes St.
Lawrence Seaway Development Corporation (GLS).
Legislative History and Consideration
H.R. 6422, the ``American Water Stewardship Act'', was
introduced in the United States House of Representatives on
December 4, 2025, by Representative Stauber (R-MN-8) and
referred to the Committee on Transportation and Infrastructure.
Within the Committee on Transportation and Infrastructure, H.R.
6422 was referred to the Subcommittee Water Resources and
Environment. The Subcommittee on Water Resources and
Environment was discharged from further consideration of H.R.
6422 on December 18, 2025.
The Committee considered H.R. 6422 on December 18, 2025,
and ordered the measure to be reported to the House with a
favorable recommendation, with amendment, by voice vote.
The following amendments were offered:
An Amendment in the Nature of a Substitute to H.R. 6422,
offered by Mr. Stauber of Minnesota; was AGREED TO by voice
vote.
An Amendment to the Amendment in the Nature of a Substitute
to H.R. 6422, offered by Ms. Scholten of Michigan (Scholten
064): Amend section 2 to read as follows: SEC. 2. GREAT LAKES
RESTORATION INITIATIVE. Section 18(c)(7)(J)(i)(VI) of the
Federal Water Pollution Control Act (33 U.S.C.
1268(c)(7)(J)(i)(VI)) is amended to read as follows: ``(VI)
$675,000,000 for each of fiscal years 2026 through 2031.''.;
was WITHDRAWN.
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.
No recorded votes were requested.
Committee Oversight Findings and Recommendations
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. 6422, as amended,
from the Director of the Congressional Budget Office:
The Majority Leader of the House of Representatives
announces bills that will be considered under suspension of the
rules in that chamber. Under suspension, floor debate is
limited, all floor amendments are prohibited, points of order
against the bill are waived, and final passage requires a two-
thirds majority vote.
At the request of the Majority Leader and the House
Committee on the Budget, CBO estimates the effects of those
bills on direct spending and revenues. CBO has limited time to
review the legislation before consideration. Although it is
possible in most cases to determine whether the legislation
would affect direct spending or revenues, time may be
insufficient to estimate the magnitude of those effects. If CBO
has prepared estimates for similar or identical legislation, a
more detailed assessment of budgetary effects, including
effects on spending subject to appropriation, may be included.
EFFECTS ON DIRECT SPENDING AND REVENUES OF LEGISLATION CONSIDERED UNDER SUSPENSION OF THE RULES IN THE HOUSE OF REPRESENTATIVES
[Week of March 23, 2026]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Additional
information on Suspension bill
Bill number Title Effect on direct Effect on revenues direct spending Link to published text at
spending and revenue estimates docs.house.gov
effects
--------------------------------------------------------------------------------------------------------------------------------------------------------
H. Con. Res. 73................. Authorizing the None.............. None.............. .................. https:// https://
use of the www.cbo.gov/ docs.house.gov/
Capitol Grounds publication/62181. billsthisweek/
for the National 20260323/
Peace Officers' hc73_rh_xml.pdf.
Memorial Service
and the National
Honor Guard and
Pipe Band
Exhibition.
H.R. 2247....................... Airmen Certificate None.............. None.............. .................. https:// https://
Accessibility www.cbo.gov/ docs.house.gov/
Act, as amended. publication/62142. billsthiswe ek/
20260323/
H2247_RH_xml.pdf.
H.R. 2474....................... Expanding None.............. None.............. .................. https:// https://
Appalachia's www.cbo.gov/ docs.house.gov/
Broadband Access publication/62180. billsthisweek/
Act, as amended. 20260323/
h2474_rh_xml.pdf.
H.R. 3410....................... Supersonic None.............. None.............. .................. https:// https://
Aviation www.cbo.gov/ docs.house.gov/
Modernization publication/62072. billsthisweek/
Act, as amended. 20260323/
h3410_rh_xml.pdf.
H.R. 4624....................... Muhammad Ali Change by Less Increase by Less Would reduce https:// https://
American Boxing Than $500K, Than $500K. deficits by less www.cbo.gov/ docs.house.gov/
Revival Act, as Direction Unknown. than $500,000. publication/62239. billsthisweek/
amended. 20260323/
HR4624_SUSP_xml.p
df.
H.R. 5663....................... ACPAC None.............. None.............. .................. .................. https://
Modernization docs.house.gov/
Act, as amended. billsthisweek/
20260323/
h5663_rh_xml.pdf.
H.R. 6267....................... Aviation Supply None.............. None.............. .................. https:// https://
Chain Safety and www.cbo.gov/ docs.house.gov/
Security publication/62078. billsthisweek/
Digitization Act 20260323/
of 2025. h6267_rh_xml.pdf.
H.R. 6422....................... American Water Change by Less None.............. Would have an .................. https://
Stewardship Act, Than $500K, insignificant docs.house.gov/
as amended. Direction Unknown. effect on direct billsthisweek/
spending over the 20260323/
2026-2031 period h6422_rh_xml.pdf.
and no net effect
over the 2026-
2036 period.
H.R. 6427....................... Airport Regulatory Change by Less None.............. Would have an https:// https://
Relief Act of Than $500K, insignificant www.cbo.gov/ docs.house.gov/
2025, as amended. Direction Unknown. effect on direct publication/62137. billsthiswe ek/
spending over the 20260323/
2026-2031 period h6427_rh_xml.pdf.
and no net effect
over the 2026-
2036 period.
H.R. 6460....................... Recreational Drone None.............. None.............. .................. https:// https://
Empowerment Act. www.cbo.gov/ docs.house.gov/
publication/62073. billsthisweek/
20260323/
h6460_rh_xml.pdf.
H.R. 6480....................... To direct the None.............. None.............. .................. https:// https://
Administrator of www.cbo.gov/ docs.house.gov/
General Services publication/62079. billsthisweek/
to submit a 20260323/
report to h6480_rh_xml.pdf.
Congress on the
state of the real
estate portfolio
of the Public
Building Service,
and for other
purposes.
H.R. 6481....................... Federal Building None.............. None.............. .................. https:// https://
Threat www.cbo.gov/ docs.house.gov/
Notification Act. publication/62120. billsthisweek/
20260323/
h6481_rh_xml.pdf.
H.R. 6618....................... Wildfire Aerial None.............. None.............. .................. https:// https://
Response Safety www.cbo.gov/ docs.house.gov/
Act, as amended. publication/62095. billsthisweek/
20260323/
h6618_rh_xml.pdf.
H.R. 7342....................... Made in America Increase by Less None.............. .................. .................. https://
Jobs Act of 2026, Than $500K. docs.house.gov/
as amended. billsthiswe ek/
20260323/
h7342TI_rh_xml.pd
f.
H.R. 7388....................... Smart Space Act of None.............. None.............. .................. https:// https://
2026, as amended. www.cbo.gov/ docs.house.gov/
publication/62236. billsthisweek/
20260323/
h7388_rh_xml.pdf.
On March 19, 2026, this table was corrected to revise an entry for H.R. 4624, Muhammad Ali American Boxing Revival
Act, as amended. CBO previously indicated that the bill would increase direct spending by less than $500,000 and
increase revenues by at least $500,000. This table has been updated to indicate that the bill would change direct
spending by less than $500,000, direction unknown and increase revenues by less than $500,000.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: Congressional Budget Office.
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
provide to amend the Federal Water Pollution Control Act to
reauthorize certain EPA geographic programs, 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. 6422 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. 6422 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the definition of Section
5(b) of the appendix to Title 5, United States Code, are
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
``American Water Stewardship Act''.
Section 2. Great Lakes Restoration Initiative
This section reauthorizes the Great Lakes Restoration
Initiative for five years, through fiscal year 2031.
Section 3. Long Island Sound
This section reauthorizes the Long Island Sound geographic
program for five years, through fiscal year 2031.
Section 4. Columbia River Basin Restoration
This section reauthorizes the Columbia River Basin
Restoration program for five years, through fiscal year 2031.
Section 5. San Francisco Bay Restoration Program
This section reauthorizes the San Francisco Bay Restoration
program for five years, through fiscal year 2031. This section
also authorizes the San Francisco Bay Restoration Program to
enter into contracts and interagency agreements with Federal
and certain non-Federal entities.
Section 6. National Estuary Program
This section reauthorizes the EPA National Estuary Program
for five years, through fiscal year 2031, adding the
Mississippi Sound, Mississippi, to the priority consideration
list.
Section 7. Coastal recreation water quality monitoring and notification
This section reauthorizes the EPA BEACH Act program for
five years, through fiscal year 2031. This section also expands
eligible uses of BEACH Act grants to include identification of
sources of contamination, and authorizes testing locations to
include shallow recreational waters adjacent to beaches.
Section 8. Limitation on use of funds
This section places limits on the non-Federal entities that
may receive Federal funding under this section by disqualifying
any entity that is domiciled in, headquartered in, organized
under the laws of, or whose principal place of business is
located in a foreign country of concern, as defined in 42
U.S.C. 19237. It also restricts funding for projects conducted
with a foreign country of concern.
Section 9. Geographic program report
This section requires a Government Accountability Office
(GAO) report to evaluate the management, impact, and ethical
practices of all EPA geographic programs.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
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
* * * * * * *
SEC. 118. GREAT LAKES.
(a) Findings, Purpose, and Definitions.--
(1) Findings.--The Congress finds that--
(A) the Great Lakes are a valuable national
resource, continuously serving the people of
the United States and other nations as an
important source of food, fresh water,
recreation, beauty, and enjoyment;
(B) the United States should seek to attain
the goals embodied in the Great Lakes Water
Quality Agreement of 1978, as amended by the
Water Quality Agreement of 1987 and any other
agreements and amendments, with particular
emphasis on goals related to toxic pollutants;
and
(C) the Environmental Protection Agency
should take the lead in the effort to meet
those goals, working with other Federal
agencies and State and local authorities.
(2) Purpose.--It is the purpose of this section to
achieve the goals embodied in the Great Lakes Water
Quality Agreement of 1978, as amended by the Water
Quality Agreement of 1987 and any other agreements and
amendments, through improved organization and
definition of mission on the part of the Agency,
funding of State grants for pollution control in the
Great Lakes area, and improved accountability for
implementation of such agreement.
(3) Definitions.--For purposes of this section, the
term--
(A) ``Agency'' means the Environmental
Protection Agency;
(B) ``Great Lakes'' means Lake Ontario, Lake
Erie, Lake Huron (including Lake St. Clair),
Lake Michigan, and Lake Superior, and the
connecting channels (Saint Mary's River, Saint
Clair River, Detroit River, Niagara River, and
Saint Lawrence River to the Canadian Border);
(C) ``Great Lakes System'' means all the
streams, rivers, lakes, and other bodies of
water within the drainage basin of the Great
Lakes;
(D) ``Program Office'' means the Great Lakes
National Program Office established by this
section;
(E) ``Research Office'' means the Great Lakes
Research Office established by subsection (d);
(F) ``area of concern'' means a geographic
area located within the Great Lakes, in which
beneficial uses are impaired and which has been
officially designated as such under Annex 2 of
the Great Lakes Water Quality Agreement;
(G) ``Great Lakes States'' means the States
of Illinois, Indiana, Michigan, Minnesota, New
York, Ohio, Pennsylvania, and Wisconsin;
(H) ``Great Lakes Water Quality Agreement''
means the bilateral agreement, between the
United States and Canada which was signed in
1978 and amended by the Protocol of 1987;
(I) ``Lakewide Management Plan'' means a
written document which embodies a systematic
and comprehensive ecosystem approach to
restoring and protecting the beneficial uses of
the open waters of each of the Great Lakes, in
accordance with article VI and Annex 2 of the
Great Lakes Water Quality Agreement;
(J) ``Remedial Action Plan'' means a written
document which embodies a systematic and
comprehensive ecosystem approach to restoring
and protecting the beneficial uses of areas of
concern, in accordance with article VI and
Annex 2 of the Great Lakes Water Quality
Agreement;
(K) ``site characterization'' means a process
for monitoring and evaluating the nature and
extent of sediment contamination in accordance
with the Environmental Protection Agency's
guidance for the assessment of contaminated
sediment in an area of concern located wholly
or partially within the United States; and
(L) ``potentially responsible party'' means
an individual or entity that may be liable
under any Federal or State authority that is
being used or may be used to facilitate the
cleanup and protection of the Great Lakes.
(b) Great Lakes National Program Office.--The Great Lakes
National Program Office (previously established by the
Administrator) is hereby established within the Agency. The
Program Office shall be headed by a Director who, by reason of
management experience and technical expertise relating to the
Great Lakes, is highly qualified to direct the development of
programs and plans on a variety of Great Lakes issues. The
Great Lakes National Program Office shall be located in a Great
Lakes State.
(c) Great Lakes Management.--
(1) Functions.--The Program Office shall--
(A) in cooperation with appropriate Federal,
State, tribal, and international agencies, and
in accordance with section 101(e) of this Act,
develop and implement specific action plans to
carry out the responsibilities of the United
States under the Great Lakes Water Quality
Agreement of 1978, as amended by the Water
Quality Agreement of 1987 and any other
agreements and amendments,;
(B) establish a Great Lakes system-wide
surveillance network to monitor the water
quality of the Great Lakes, with specific
emphasis on the monitoring of toxic pollutants;
(C) serve as the liaison with, and provide
information to, the Canadian members of the
International Joint Commission and the Canadian
counterpart to the Agency;
(D) coordinate actions of the Agency
(including actions by headquarters and regional
offices thereof) aimed at improving Great Lakes
water quality; and
(E) coordinate actions of the Agency with the
actions of other Federal agencies and State and
local authorities, so as to ensure the input of
those agencies and authorities in developing
water quality strategies and obtain the support
of those agencies and authorities in achieving
the objectives of such agreement.
(2) Great lakes water quality guidance.--
(A) By June 30, 1991, the Administrator,
after consultation with the Program Office,
shall publish in the Federal Register for
public notice and comment proposed water
quality guidance for the Great Lakes System.
Such guidance shall conform with the objectives
and provisions of the Great Lakes Water Quality
Agreement, shall be no less restrictive than
the provisions of this Act and national water
quality criteria and guidance, shall specify
numerical limits on pollutants in ambient Great
Lakes waters to protect human health, aquatic
life, and wildlife, and shall provide guidance
to the Great Lakes States on minimum water
quality standards, antidegradation policies,
and implementation procedures for the Great
Lakes System.
(B) By June 30, 1992, the Administrator, in
consultation with the Program Office, shall
publish in the Federal Register, pursuant to
this section and the Administrator's authority
under this chapter, final water quality
guidance for the Great Lakes System.
(C) Within two years after such Great Lakes
guidance is published, the Great Lakes States
shall adopt water quality standards,
antidegradation policies, and implementation
procedures for waters within the Great Lakes
System which are consistent with such guidance.
If a Great Lakes State fails to adopt such
standards, policies, and procedures, the
Administrator shall promulgate them not later
than the end of such two-year period. When
reviewing any Great Lakes State's water quality
plan, the agency shall consider the extent to
which the State has complied with the Great
Lakes guidance issued pursuant to this section.
(3) Remedial action plans.--
(A) For each area of concern for which the
United States has agreed to draft a Remedial
Action Plan, the Program Office shall ensure
that the Great Lakes State in which such area
of concern is located--
(i) submits a Remedial Action Plan to
the Program Office by June 30, 1991;
(ii) submits such Remedial Action
Plan to the International Joint
Commission by January 1, 1992; and
(iii) includes such Remedial Action
Plans within the State's water quality
plan by January 1, 1993.
(B) For each area of concern for which Canada
has agreed to draft a Remedial Action Plan, the
Program Office shall, pursuant to subparagraph
(c)(1)(C) of this section, work with Canada to
assure the submission of such Remedial Action
Plans to the International Joint Commission by
June 30, 1991, and to finalize such Remedial
Action Plans by January 1, 1993.
(C) For any area of concern designated as
such subsequent to the enactment of this Act,
the Program Office shall (i) if the United
States has agreed to draft the Remedial Action
Plan, ensure that the Great Lakes State in
which such area of concern is located submits
such Plan to the Program Office within two
years of the area's designation, submits it to
the International Joint Commission no later
than six months after submitting it to the
Program Office, and includes such Plan in the
State's water quality plan no later than one
year after submitting it to the Commission; and
(ii) if Canada has agreed to draft the Remedial
Action Plan, work with Canada, pursuant to
subparagraph (c)(1)(C) of this section, to
ensure the submission of such Plan to the
International Joint Commission within two years
of the area's designation and the finalization
of such Plan no later than eighteen months
after submitting it to such Commission.
(D) The Program Office shall compile formal
comments on individual Remedial Action Plans
made by the International Joint Commission
pursuant to section 4(d) of Annex 2 of the
Great Lakes Water Quality Agreement and, upon
request by a member of the public, shall make
such comments available for inspection and
copying. The Program Office shall also make
available, upon request, formal comments made
by the Environmental Protection Agency on
individual Remedial Action Plans.
(E) Report.--Not later than 1 year after the
date of enactment of this subparagraph, the
Administrator shall submit to Congress a report
on such actions, time periods, and resources as
are necessary to fulfill the duties of the
Agency relating to oversight of Remedial Action
Plans under--
(i) this paragraph; and
(ii) the Great Lakes Water Quality
Agreement.
(4) Lakewide management plans.--The Administrator, in
consultation with the Program Office shall--
(A) by January 1, 1992, publish in the
Federal Register a proposed Lakewide Management
Plan for Lake Michigan and solicit public
comments;
(B) by January 1, 1993, submit a proposed
Lakewide Management Plan for Lake Michigan to
the International Joint Commission for review;
and
(C) by January 1, 1994, publish in the
Federal Register a final Lakewide Management
Plan for Lake Michigan and begin
implementation.
Nothing in this subparagraph shall preclude the simultaneous
development of Lakewide Management Plans for the other Great
Lakes.
(5) Spills of oil and hazardous materials.--The
Program Office, in consultation with the Coast Guard,
shall identify areas within the Great Lakes which are
likely to experience numerous or voluminous spills of
oil or other hazardous materials from land based
facilities, vessels, or other sources and, in
consultation with the Great Lakes States, shall
identify weaknesses in Federal and State programs and
systems to prevent and respond to such spills. This
information shall be included on at least a biennial
basis in the report required by this section.
(6) 5-year plan and program.--The Program Office
shall develop, in consultation with the States, a five-
year plan and program for reducing the amount of
nutrients introduced into the Great Lakes. Such program
shall incorporate any management program for reducing
nutrient runoff from nonpoint sources established under
section 319 of this Act and shall include a program for
monitoring nutrient runoff into, and ambient levels in,
the Great Lakes.
(7) Great lakes restoration initiative.--
(A) Establishment.--There is established in
the Agency a Great Lakes Restoration Initiative
(referred to in this paragraph as the
``Initiative'') to carry out programs and
projects for Great Lakes protection and
restoration.
(B) Focus areas.--In carrying out the
Initiative, the Administrator shall prioritize
programs and projects, to be carried out in
coordination with non-Federal partners, that
address the priority areas described in the
Initiative Action Plan, including--
(i) the remediation of toxic
substances and areas of concern;
(ii) the prevention and control of
invasive species and the impacts of
invasive species;
(iii) the protection and restoration
of nearshore health and the prevention
and mitigation of nonpoint source
pollution;
(iv) habitat and wildlife protection
and restoration, including wetlands
restoration and preservation; and
(v) accountability, monitoring,
evaluation, communication, and
partnership activities.
(C) Projects.--
(i) In general.--In carrying out the
Initiative, the Administrator shall
collaborate with other Federal
partners, including the Great Lakes
Interagency Task Force established by
Executive Order No. 13340 (69 Fed. Reg.
29043), to select the best combination
of programs and projects for Great
Lakes protection and restoration using
appropriate principles and criteria,
including whether a program or project
provides--
(I) the ability to achieve
strategic and measurable
environmental outcomes that
implement the Initiative Action
Plan and the Great Lakes Water
Quality Agreement;
(II) the feasibility of--
(aa) prompt
implementation;
(bb) timely
achievement of results;
and
(cc) resource
leveraging; and
(III) the opportunity to
improve interagency,
intergovernmental, and
interorganizational
coordination and collaboration
to reduce duplication and
streamline efforts.
(ii) Outreach.--In selecting the best
combination of programs and projects
for Great Lakes protection and
restoration under clause (i), the
Administrator shall consult with the
Great Lakes States and Indian tribes
and solicit input from other non-
Federal stakeholders.
(iii) Harmful algal bloom
coordinator.--The Administrator shall
designate a point person from an
appropriate Federal partner to
coordinate, with Federal partners and
Great Lakes States, Indian tribes, and
other non-Federal stakeholders,
projects and activities under the
Initiative involving harmful algal
blooms in the Great Lakes.
(D) Implementation of projects.--
(i) In general.--Subject to
subparagraph (J)(ii), funds made
available to carry out the Initiative
shall be used to strategically
implement--
(I) Federal projects;
(II) projects carried out in
coordination with States,
Indian tribes, municipalities,
institutions of higher
education, and other
organizations; and
(III) operations and
activities of the Program
Office, including remediation
of sediment contamination in
areas of concern.
(ii) Transfer of funds.--With amounts
made available for the Initiative each
fiscal year, the Administrator may--
(I) transfer not more than
the total amount appropriated
under subparagraph (J)(i) for
the fiscal year to the head of
any Federal department or
agency, with the concurrence of
the department or agency head,
to carry out activities to
support the Initiative and the
Great Lakes Water Quality
Agreement; and
(II) enter into an
interagency agreement with the
head of any Federal department
or agency to carry out
activities described in
subclause (I).
(iii) Agreements with non-federal
entities.--
(I) In general.--The
Administrator, or the head of
any other Federal department or
agency receiving funds under
clause (ii)(I), may make a
grant to, or otherwise enter
into an agreement with, a
qualified non-Federal entity,
as determined by the
Administrator or the applicable
head of the other Federal
department or agency receiving
funds, for planning, research,
monitoring, outreach, or
implementation of a project
selected under subparagraph
(C), to support the Initiative
Action Plan or the Great Lakes
Water Quality Agreement.
(II) Qualified non-federal
entity.--For purposes of this
clause, a qualified non-Federal
entity may include a
governmental entity, nonprofit
organization, institution, or
individual.
(E) Scope.--
(i) In general.--Projects may be
carried out under the Initiative on
multiple levels, including--
(I) locally;
(II) Great Lakes-wide; or
(III) Great Lakes basin-wide.
(ii) Limitation.--No funds made
available to carry out the Initiative
may be used for any water
infrastructure activity (other than a
green infrastructure project that
improves habitat and other ecosystem
functions in the Great Lakes) for which
financial assistance is received--
(I) from a State water
pollution control revolving
fund established under title
VI;
(II) from a State drinking
water revolving loan fund
established under section 1452
of the Safe Drinking Water Act
(42 U.S.C. 300j-12); or
(III) pursuant to the Water
Infrastructure Finance and
Innovation Act of 2014 (33
U.S.C. 3901 et seq.).
(F) Activities by other federal agencies.--
Each relevant Federal department or agency
shall, to the maximum extent practicable--
(i) maintain the base level of
funding for the Great Lakes activities
of that department or agency without
regard to funding under the Initiative;
and
(ii) identify new activities and
projects to support the environmental
goals of the Initiative.
(G) Revision of initiative action plan.--
(i) In general.--Not less often than
once every 5 years, the Administrator,
in conjunction with the Great Lakes
Interagency Task Force, shall review,
and revise as appropriate, the
Initiative Action Plan to guide the
activities of the Initiative in
addressing the restoration and
protection of the Great Lakes system.
(ii) Outreach.--In reviewing and
revising the Initiative Action Plan
under clause (i), the Administrator
shall consult with the Great Lakes
States and Indian tribes and solicit
input from other non-Federal
stakeholders.
(H) Monitoring and reporting.--The
Administrator shall--
(i) establish and maintain a process
for monitoring and periodically
reporting to the public on the progress
made in implementing the Initiative
Action Plan;
(ii) make information about each
project carried out under the
Initiative Action Plan available on a
public website; and
(iii) provide to the Committee on
Transportation and Infrastructure of
the House of Representatives and the
Committee on Environment and Public
Works of the Senate a yearly detailed
description of the progress of the
Initiative and amounts transferred to
participating Federal departments and
agencies under subparagraph (D)(ii).
(I) Initiative action plan defined.--In this
paragraph, the term ``Initiative Action Plan''
means the comprehensive, multiyear action plan
for the restoration of the Great Lakes, first
developed pursuant to the Joint Explanatory
Statement of the Conference Report accompanying
the Department of the Interior, Environment,
and Related Agencies Appropriations Act, 2010
(Public Law 111-88).
(J) Funding.--
(i) In general.--There are authorized
to be appropriated to carry out this
paragraph--
(I) $300,000,000 for each of
fiscal years 2017 through 2021;
(II) $375,000,000 for fiscal
year 2022;
(III) $400,000,000 for fiscal
year 2023;
(IV) $425,000,000 for fiscal
year 2024;
(V) $450,000,000 for fiscal
year 2025; and
(VI) $475,000,000 for [fiscal
year 2026] each of fiscal years
2026 through 2031.
(ii) Limitation.--Nothing in this
paragraph creates, expands, or amends
the authority of the Administrator to
implement programs or projects under--
(I) this section;
(II) the Initiative Action
Plan; or
(III) the Great Lakes Water
Quality Agreement.
(8) Administrator's responsibility.--The
Administrator shall ensure that the Program Office
enters into agreements with the various organizational
elements of the Agency involved in Great Lakes
activities and the appropriate State agencies
specifically delineating--
(A) the duties and responsibilities of each
such element in the Agency with respect to the
Great Lakes;
(B) the time periods for carrying out such
duties and responsibilities; and
(C) the resources to be committed to such
duties and responsibilities.
(9) Budget item.--The Administrator shall, in the
Agency's annual budget submission to Congress, include
a funding request for the Program Office as a separate
budget line item.
(10) Confined disposal facilities.--(A) The
Administrator, in consultation with the Assistant
Secretary of the Army for Civil Works, shall develop
and implement, within one year of the date of enactment
of this paragraph, management plans for every Great
Lakes confined disposal facility.
(B) The plan shall provide for monitoring of such
facilities, including--
(i) water quality at the site and in the area
of the site;
(ii) sediment quality at the site and in the
area of the site;
(iii) the diversity, productivity, and
stability of aquatic organisms at the site and
in the area of the site; and
(iv) such other conditions as the
Administrator deems appropriate.
(C) The plan shall identify the anticipated use and
management of the site over the following twenty-year
period including the expected termination of dumping at
the site, the anticipated need for site management,
including pollution control, following the termination
of the use of the site.
(D) The plan shall identify a schedule for review and
revision of the plan which shall not be less frequent
than five years after adoption of the plan and every
five years thereafter.
(11) Remediation of sediment contamination in areas
of concern.--
(A) In general.--In accordance with this
paragraph, the Administrator, acting through
the Program Office, may carry out projects that
meet the requirements of subparagraph (B).
(B) Eligible projects.--A project meets the
requirements of this subparagraph if the
project is to be carried out in an area of
concern located wholly or partially in the
United States and the project--
(i) monitors or evaluates
contaminated sediment;
(ii) subject to subparagraph (D),
implements a plan to remediate
contaminated sediment, including
activities to restore aquatic habitat
that are carried out in conjunction
with a project for the remediation of
contaminated sediment; or
(iii) prevents further or renewed
contamination of sediment.
(C) Priority.--In selecting projects to carry
out under this paragraph, the Administrator
shall give priority to a project that--
(i) constitutes remedial action for
contaminated sediment;
(ii)(I) has been identified in a
Remedial Action Plan submitted under
paragraph (3); and
(II) is ready to be implemented;
(iii) will use an innovative
approach, technology, or technique that
may provide greater environmental
benefits, or equivalent environmental
benefits at a reduced cost; or
(iv) includes remediation to be
commenced not later than 1 year after
the date of receipt of funds for the
project.
(D) Limitations.--The Administrator may not
carry out a project under this paragraph for
remediation of contaminated sediments located
in an area of concern--
(i) if an evaluation of remedial
alternatives for the area of concern
has not been conducted, including a
review of the short-term and long-term
effects of the alternatives on human
health and the environment;
(ii) if the Administrator determines
that the area of concern is likely to
suffer significant further or renewed
contamination from existing sources of
pollutants causing sediment
contamination following completion of
the project;
(iii) unless each non-Federal sponsor
for the project has entered into a
written project agreement with the
Administrator under which the party
agrees to carry out its
responsibilities and requirements for
the project; or
(iv) unless the Administrator
provides assurance that the Agency has
conducted a reasonable inquiry to
identify potentially responsible
parties connected with the site.
(E) Non-federal share.--
(i) In general.--The non-Federal
share of the cost of a project carried
out under this paragraph shall be at
least 35 percent.
(ii) In-kind contributions.--
(I) In general.--The non-
Federal share of the cost of a
project carried out under this
paragraph may include the value
of an in-kind contribution
provided by a non-Federal
sponsor.
(II) Credit.--A project
agreement described in
subparagraph (D)(iii) may
provide, with respect to a
project, that the Administrator
shall credit toward the non-
Federal share of the cost of
the project the value of an in-
kind contribution made by the
non-Federal sponsor, if the
Administrator determines that
the material or service
provided as the in-kind
contribution is integral to the
project.
(III) Work performed before
project agreement.--In any case
in which a non-Federal sponsor
is to receive credit under
subclause (II) for the cost of
work carried out by the non-
Federal sponsor and such work
has not been carried out by the
non-Federal sponsor as of the
date of enactment of this
subclause, the Administrator
and the non-Federal sponsor
shall enter into an agreement
under which the non-Federal
sponsor shall carry out such
work, and only work carried out
following the execution of the
agreement shall be eligible for
credit.
(IV) Limitation.--Credit
authorized under this clause
for a project carried out under
this paragraph--
(aa) shall not exceed
the non-Federal share
of the cost of the
project; and
(bb) shall not exceed
the actual and
reasonable costs of the
materials and services
provided by the non-
Federal sponsor, as
determined by the
Administrator.
(V) Inclusion of certain
contributions.--In this
subparagraph, the term ``in-
kind contribution'' may include
the costs of planning
(including data collection),
design, construction, and
materials that are provided by
the non-Federal sponsor for
implementation of a project
under this paragraph.
(iii) Treatment of credit between
projects.--Any credit provided under
this subparagraph towards the non-
Federal share of the cost of a project
carried out under this paragraph may be
applied towards the non-Federal share
of the cost of any other project
carried out under this paragraph by the
same non-Federal sponsor for a site
within the same area of concern.
(iv) Non-federal share.--The non-
Federal share of the cost of a project
carried out under this paragraph--
(I) may include monies paid
pursuant to, or the value of
any in-kind contribution
performed under, an
administrative order on consent
or judicial consent decree; but
(II) may not include any
funds paid pursuant to, or the
value of any in-kind
contribution performed under, a
unilateral administrative order
or court order.
(v) Operation and maintenance.--The
non-Federal share of the cost of the
operation and maintenance of a project
carried out under this paragraph shall
be 100 percent.
(F) Site characterization.--
(i) In general.--The Administrator,
in consultation with any affected State
or unit of local government, shall
carry out at Federal expense the site
characterization of a project under
this paragraph for the remediation of
contaminated sediment.
(ii) Limitation.--For purposes of
clause (i), the Administrator may carry
out one site assessment per discrete
site within a project at Federal
expense.
(G) Coordination.--In carrying out projects
under this paragraph, the Administrator shall
coordinate with the Secretary of the Army, and
with the Governors of States in which the
projects are located, to ensure that Federal
and State assistance for remediation in areas
of concern is used as efficiently as
practicable.
(H) Authorization of appropriations.--
(i) In general.--In addition to other
amounts authorized under this section,
there is authorized to be appropriated
to carry out this paragraph $50,000,000
for each of fiscal years 2004 through
2010.
(ii) Availability.--Funds made
available under clause (i) shall remain
available until expended.
(iii) Allocation of funds.--Not more
than 20 percent of the funds
appropriated pursuant to clause (i) for
a fiscal year may be used to carry out
subparagraph (F).
(12) Public information program.--
(A) In general.--The Administrator, acting
through the Program Office and in coordination
with States, Indian tribes, local governments,
and other entities, may carry out a public
information program to provide information
relating to the remediation of contaminated
sediment to the public in areas of concern that
are located wholly or partially in the United
States.
(B) Authorization of appropriations.--There
is authorized to be appropriated to carry out
this paragraph $1,000,000 for each of fiscal
years 2004 through 2010.
(d) Great Lakes Research.--
(1) Establishment of research office.--There is
established within the National Oceanic and Atmospheric
Administration the Great Lakes Research Office.
(2) Identification of issues.--The Research Office
shall identify issues relating to the Great Lakes
resources on which research is needed. The Research
Office shall submit a report to Congress on such issues
before the end of each fiscal year which shall identify
any changes in the Great Lakes system with respect to
such issues.
(3) Inventory.--The Research Office shall identify
and inventory, Federal, State, university, and tribal
environmental research programs (and, to the extent
feasible, those of private organizations and other
nations) relating to the Great Lakes system, and shall
update that inventory every four years.
(4) Research exchange.--The Research Office shall
establish a Great Lakes research exchange for the
purpose of facilitating the rapid identification,
acquisition, retrieval, dissemination, and use of
information concerning research projects which are
ongoing or completed and which affect the Great Lakes
System.
(5) Research program.--The Research Office shall
develop, in cooperation with the Coordination Office, a
comprehensive environmental research program and data
base for the Great Lakes system. The data base shall
include, but not be limited to, data relating to water
quality, fisheries, and biota.
(6) Monitoring.--The Research Office shall conduct,
through the Great Lakes Environmental Research
Laboratory, the National Sea Grant College program,
other Federal laboratories, and the private sector,
appropriate research and monitoring activities which
address priority issues and current needs relating to
the Great Lakes.
(7) Location.--The Research Office shall be located
in a Great Lakes State.
(e) Research and Management Coordination.--
(1) Joint plan.--Before October 1 of each year, the
Program Office and the Research Office shall prepare a
joint research plan for the fiscal year which begins in
the following calendar year.
(2) Contents of plan.--Each plan prepared under
paragraph (1) shall--
(A) identify all proposed research dedicated
to activities conducted under the Great Lakes
Water Quality Agreement of 1978;
(B) include the Agency's assessment of
priorities for research needed to fulfill the
terms of such Agreement; and
(C) identify all proposed research that may
be used to develop a comprehensive
environmental data base for the Great Lakes
System and establish priorities for development
of such data base.
(3) Health research report.--(A) Not later than
September 30, 1994, the Program Office, in consultation
with the Research Office, the Agency for Toxic
Substances and Disease Registry, and Great Lakes States
shall submit to the Congress a report assessing the
adverse effects of water pollutants in the Great Lakes
System on the health of persons in Great Lakes States
and the health of fish, shellfish, and wildlife in the
Great Lakes System. In conducting research in support
of this report, the Administrator may, where
appropriate, provide for research to be conducted under
cooperative agreements with Great Lakes States.
(B) There is authorized to be appropriated to the
Administrator to carry out this section not to exceed
$3,000,000 for each of fiscal years 1992, 1993, and
1994.
(f) Interagency Cooperation.--The head of each department,
agency, or other instrumentality of the Federal Government
which is engaged in, is concerned with, or has authority over
programs relating to research, monitoring, and planning to
maintain, enhance, preserve, or rehabilitate the environmental
quality and natural resources of the Great Lakes, including the
Chief of Engineers of the Army, the Chief of the Soil
Conservation Service, the Commandant of the Coast Guard, the
Director of the Fish and Wildlife Service, and the
Administrator of the National Oceanic and Atmospheric
Administration, shall submit an annual report to the
Administrator with respect to the activities of that agency or
office affecting compliance with the Great Lakes Water Quality
Agreement of 1978.
(g) Relationship to Existing Federal and State Laws and
International Treaties.--Nothing in this section shall be
construed--
(1) to affect the jurisdiction, powers, or
prerogatives of any department, agency, or officer of
the Federal Government or of any State government, or
of any tribe, nor any powers, jurisdiction, or
prerogatives of any international body created by
treaty with authority relating to the Great Lakes; or
(2) to affect any other Federal or State authority
that is being used or may be used to facilitate the
cleanup and protection of the Great Lakes.
(h) Authorizations of Great Lakes Appropriations.--There are
authorized to be appropriated to the Administrator to carry out
this section not to exceed--
(1) $11,000,000 per fiscal year for the fiscal years
1987, 1988, 1989, and 1990, and $25,000,000 for fiscal
year 1991;
(2) such sums as are necessary for each of fiscal
years 1992 through 2003; and
(3) $25,000,000 for each of fiscal years 2004 through
2008.
Sec. 119. Long Island Sound.--(a) The Administrator shall
continue the Management Conference of the Long Island Sound
Study (hereinafter referred to as the ``Conference'') as
established pursuant to section 320 of this Act, and shall
establish an office (hereinafter referred to as the ``Office'')
to be located on or near Long Island Sound.
(b) Administration and Staffing of Office.--The Office shall
be headed by a Director, who shall be detailed by the
Administrator, following consultation with the Administrators
of EPA regions I and II, from among the employees of the Agency
who are in civil service. The Administrator shall delegate to
the Director such authority and detail such additional staff as
may be necessary to carry out the duties of the Director under
this section.
(c) Duties of the Office.--The Office shall assist the
conference study in carrying out its goals. Specifically, the
Office shall--
(1) assist and support the implementation of the
Comprehensive Conservation and Management Plan for Long
Island Sound developed pursuant to section 320 of this
Act, including efforts to establish, within the process
for granting watershed general permits, a system for
promoting innovative methodologies and technologies
that are cost-effective and consistent with the goals
of the Plan;
(2) conduct or commission studies deemed necessary
for strengthened implementation of the Comprehensive
Conservation and Management Plan including, but not
limited to--
(A) population growth and the adequacy of
wastewater treatment facilities;
(B) the use of biological methods for
nutrient removal in sewage treatment plants;
(C) contaminated sediments, and dredging
activities;
(D) nonpoint source pollution abatement and
land use activities in the Long Island Sound
watershed;
(E) wetland protection and restoration;
(F) atmospheric deposition of acidic and
other pollutants into Long Island Sound;
(G) water quality requirements to sustain
fish, shellfish, and wildlife populations, and
the use of indicator species to assess
environmental quality;
(H) State water quality programs, for their
adequacy pursuant to implementation of the
Comprehensive Conservation and Management Plan;
(I) options for long-term financing of
wastewater treatment projects and water
pollution control programs;
(J) environmental vulnerabilities of the Long
Island Sound watershed, including--
(i) the identification and assessment
of such vulnerabilities in the
watershed;
(ii) the development and
implementation of adaptation strategies
to reduce such vulnerabilities; and
(iii) the identification and
assessment of the effects of sea level
rise on water quality, habitat, and
infrastructure; and
(3) coordinate the grant, research and planning
programs authorized under this section;
(4) develop and implement strategies to increase
public education and awareness with respect to the
ecological health and water quality conditions of Long
Island Sound;
(5) provide administrative and technical support to
the conference study;
(6) collect and make available to the public
(including on a publicly accessible website)
publications, and other forms of information the
conference study determines to be appropriate, relating
to the environmental quality of Long Island Sound;
(7) monitor the progress made toward meeting the
identified goals, actions, and schedules of the
Comprehensive Conservation and Management Plan,
including through the implementation and support of a
monitoring system for the ecological health and water
quality conditions of Long Island Sound; and
(8) convene conferences and meetings for legislators
from State governments and political subdivisions
thereof for the purpose of making recommendations for
coordinating legislative efforts to facilitate the
environmental restoration of Long Island Sound and the
implementation of the Comprehensive Conservation and
Management Plan.
(d) Grants.--(1) The Administrator is authorized to make
grants for projects and studies which will help implement the
Long Island Sound Comprehensive Conservation and Management
Plan. Special emphasis shall be given to implementation,
research and planning, enforcement, and citizen involvement and
education.
(2) State, interstate, and regional water pollution control
agencies, and other public or nonprofit private agencies,
institutions, and organizations held to be eligible for grants
pursuant to this subsection.
(3) Citizen involvement and citizen education grants under
this subsection shall not exceed 95 per centum of the costs of
such work. All other grants under this subsection shall not
exceed 60 percent of the research, studies, or work. All grants
shall be made on the condition that the non-Federal share of
such costs are provided from non-Federal sources.
(e) Assistance to Distressed Communities.--
(1) Eligible communities.--For the purposes of this
subsection, a distressed community is any 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) Priority.--In making assistance available under
this section for the upgrading of wastewater treatment
facilities, the Administrator may give priority to a
distressed community.
(f) Report.--
(1) In general.--Not later than 2 years after the
date of enactment of this Act, and biennially
thereafter, the Director of the Office, in consultation
with the Governor of each Long Island Sound State,
shall submit to Congress a report that--
(A) summarizes and assesses the progress made
by the Office and the Long Island Sound States
in implementing the Long Island Sound
Comprehensive Conservation and Management Plan,
including an assessment of the progress made
toward meeting the performance goals and
milestones contained in the Plan;
(B) assesses the key ecological attributes
that reflect the health of the ecosystem of the
Long Island Sound watershed;
(C) describes any substantive modifications
to the Long Island Sound Comprehensive
Conservation and Management Plan made during
the 2-year period preceding the date of
submission of the report;
(D) provides specific recommendations to
improve progress in restoring and protecting
the Long Island Sound watershed, including, as
appropriate, proposed modifications to the Long
Island Sound Comprehensive Conservation and
Management Plan;
(E) identifies priority actions for
implementation of the Long Island Sound
Comprehensive Conservation and Management Plan
for the 2-year period following the date of
submission of the report; and
(F) describes the means by which Federal
funding and actions will be coordinated with
the actions of the Long Island Sound States and
other entities.
(2) Public availability.--The Administrator shall
make the report described in paragraph (1) available to
the public, including on a publicly accessible website.
(g) Federal Entities.--
(1) Coordination.--The Administrator shall coordinate
the actions of all Federal departments and agencies
that affect water quality in the Long Island Sound
watershed in order to improve the water quality and
living resources of the watershed.
(2) Methods.--In carrying out this section, the
Administrator, acting through the Director of the
Office, may--
(A) enter into interagency agreements; and
(B) make intergovernmental personnel
appointments.
(4) Consistency with comprehensive conservation and
management plan.--To the maximum extent practicable,
the head of each Federal department or agency that owns
or occupies real property, or carries out activities,
within the Long Island Sound watershed shall ensure
that the property and all activities carried out by the
department or agency are consistent with the Long
Island Sound Comprehensive Conservation and Management
Plan (including any related subsequent agreements and
plans).
(h) Authorization of Appropriations.--There is authorized to
be appropriated to the Administrator to carry out this section
$40,000,000 for each of fiscal years 2019 through [2023] 2031.
* * * * * * *
SEC. 123. COLUMBIA RIVER BASIN RESTORATION.
(a) Definitions.--In this section, the following definitions
apply:
(1) Columbia river basin.--The term ``Columbia River
Basin'' means the entire United States portion of the
Columbia River watershed.
(2) Estuary partnership.--The term ``Estuary
Partnership'' means the Lower Columbia Estuary
Partnership, an entity created by the States of Oregon
and Washington and the Environmental Protection Agency
under section 320.
(3) Estuary plan.--
(A) In general.--The term ``Estuary Plan''
means the Estuary Partnership Comprehensive
Conservation and Management Plan adopted by the
Environmental Protection Agency and the
Governors of Oregon and Washington on October
20, 1999, under section 320.
(B) Inclusion.--The term ``Estuary Plan''
includes any amendments to the plan.
(4) Lower columbia river estuary.--The term ``Lower
Columbia River Estuary'' means the mainstem Columbia
River from the Bonneville Dam to the Pacific Ocean and
tidally influenced portions of tributaries to the
Columbia River in that region.
(5) Middle and upper columbia river basin.--The term
``Middle and Upper Columbia River Basin'' means the
region consisting of the United States portion of the
Columbia River Basin above Bonneville Dam.
(6) Program.--The term ``Program'' means the Columbia
River Basin Restoration Program established under
subsection (b)(1)(A).
(b) Columbia River Basin Restoration Program.--
(1) Establishment.--
(A) In general.--The Administrator shall
establish within the Environmental Protection
Agency a Columbia River Basin Restoration
Program.
(B) Effect.--
(i) The establishment of the Program
does not modify any legal or regulatory
authority or program in effect as of
the date of enactment of this section,
including the roles of Federal agencies
in the Columbia River Basin.
(ii) This section does not create any
new regulatory authority.
(2) Scope of program.--The Program shall consist of a
collaborative stakeholder-based program for
environmental protection and restoration activities
throughout the Columbia River Basin.
(3) Duties.--The Administrator shall--
(A) assess trends in water quality, including
trends that affect uses of the water of the
Columbia River Basin;
(B) collect, characterize, and assess data on
water quality to identify possible causes of
environmental problems; and
(C) provide grants in accordance with
subsection (d) for projects that assist in--
(i) eliminating or reducing
pollution;
(ii) cleaning up contaminated sites;
(iii) improving water quality;
(iv) monitoring to evaluate trends;
(v) reducing runoff;
(vi) protecting habitat; or
(vii) promoting citizen engagement or
knowledge.
(c) Stakeholder Working Group.--
(1) Establishment.--The Administrator shall establish
a Columbia River Basin Restoration Working Group
(referred to in this subsection as the ``Working
Group'').
(2) Membership.--
(A) In general.--Membership in the Working
Group shall be on a voluntary basis and any
person invited by the Administrator under this
subsection may decline membership.
(B) Invited representatives.--The
Administrator shall invite, at a minimum,
representatives of--
(i) each State located in whole or in
part in the Columbia River Basin;
(ii) the Governors of each State
located in whole or in part in the
Columbia River Basin;
(iii) each federally recognized
Indian tribe in the Columbia River
Basin;
(iv) local governments in the
Columbia River Basin;
(v) industries operating in the
Columbia River Basin that affect or
could affect water quality;
(vi) electric, water, and wastewater
utilities operating in the Columba
River Basin;
(vii) private landowners in the
Columbia River Basin;
(viii) soil and water conservation
districts in the Columbia River Basin;
(ix) nongovernmental organizations
that have a presence in the Columbia
River Basin;
(x) the general public in the
Columbia River Basin; and
(xi) the Estuary Partnership.
(3) Geographic representation.--The Working Group
shall include representatives from--
(A) each State located in whole or in part in
the Columbia River Basin; and
(B) each of the lower, middle, and upper
basins of the Columbia River.
(4) Duties and responsibilities.--The Working Group
shall--
(A) recommend and prioritize projects and
actions; and
(B) review the progress and effectiveness of
projects and actions implemented.
(5) Lower columbia river estuary.--
(A) Estuary partnership.--The Estuary
Partnership shall perform the duties and
fulfill the responsibilities of the Working
Group described in paragraph (4) as those
duties and responsibilities relate to the Lower
Columbia River Estuary for such time as the
Estuary Partnership is the management
conference for the Lower Columbia River
National Estuary Program under section 320.
(B) Designation.--If the Estuary Partnership
ceases to be the management conference for the
Lower Columbia River National Estuary Program
under section 320, the Administrator may
designate the new management conference to
assume the duties and responsibilities of the
Working Group described in paragraph (4) as
those duties and responsibilities relate to the
Lower Columbia River Estuary.
(C) Incorporation.--If the Estuary
Partnership is removed from the National
Estuary Program, the duties and
responsibilities for the lower 146 miles of the
Columbia River pursuant to this section shall
be incorporated into the duties of the Working
Group.
(d) Grants.--
(1) In general.--The Administrator shall establish a
voluntary, competitive Columbia River Basin program to
provide grants to State governments, tribal
governments, regional water pollution control agencies
and entities, local government entities,
nongovernmental entities, or soil and water
conservation districts to develop or implement projects
authorized under this section for the purpose of
environmental protection and restoration activities
throughout the Columbia River Basin.
(2) Federal share.--
(A) In general.--Except as provided in
subparagraph (B), the Federal share of the cost
of any project or activity carried out using
funds from a grant provided to any person
(including a State, tribal, or local government
or interstate or regional agency) under this
subsection for a fiscal year--
(i) shall not exceed 75 percent of
the total cost of the project or
activity; and
(ii) shall be made on condition that
the non-Federal share of such total
cost shall be provided from non-Federal
sources.
(B) Exceptions.--With respect to cost-sharing
for a grant provided under this subsection--
(i) a tribal government may use
Federal funds for the non-Federal
share; and
(ii) the Administrator may increase
the Federal share under such
circumstances as the Administrator
determines to be appropriate.
(3) Allocation.--In making grants using funds
appropriated to carry out this section, the
Administrator shall--
(A) provide not less than 25 percent of the
funds to make grants for projects, programs,
and studies in the Lower Columbia River
Estuary;
(B) provide not less than 25 percent of the
funds to make grants for projects, programs,
and studies in the Middle and Upper Columbia
River Basin, including the Snake River Basin;
and
(C) retain not more than 5 percent of the
funds for the Environmental Protection Agency
for purposes of implementing this section.
(4) Reporting.--
(A) In general.--Each grant recipient under
this subsection shall submit to the
Administrator reports on progress being made in
achieving the purposes of this section.
(B) Requirements.--The Administrator shall
establish requirements and timelines for
recipients of grants under this subsection to
report on progress made in achieving the
purposes of this section.
(5) Relationship to other funding.--
(A) In general.--Nothing in this subsection
limits the eligibility of the Estuary
Partnership to receive funding under section
320(g).
(B) Limitation.--None of the funds made
available under this subsection may be used for
the administration of a management conference
under section 320.
(6) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $30,000,000 for each of fiscal years 2020
[and 2021] through 2031.
(e) Annual Budget Plan.--The President, as part of the annual
budget submission of the President to Congress under section
1105(a) of title 31, United States Code, shall submit
information regarding each Federal agency involved in
protection and restoration of the Columbia River Basin,
including an interagency crosscut budget that displays for each
Federal agency--
(1) the amounts obligated for the preceding fiscal
year for protection and restoration projects, programs,
and studies relating to the Columbia River Basin;
(2) the estimated budget for the current fiscal year
for protection and restoration projects, programs, and
studies relating to the Columbia River Basin; and
(3) the proposed budget for protection and
restoration projects, programs, and studies relating to
the Columbia River Basin.
* * * * * * *
SEC. 125. SAN FRANCISCO BAY RESTORATION [GRANT] PROGRAM.
(a) Definitions.--In this section:
(1) Estuary partnership.--The term ``Estuary
Partnership'' means the San Francisco Estuary
Partnership, designated as the management conference
for the San Francisco Bay under section 320.
(2) San francisco bay plan.--The term ``San Francisco
Bay Plan'' means--
(A) until the date of the completion of the
plan developed by the Director under subsection
(d), the comprehensive conservation and
management plan approved under section 320 for
the San Francisco Bay estuary; and
(B) on and after the date of the completion
of the plan developed by the Director under
subsection (d), the plan developed by the
Director under subsection (d).
(b) Program Office.--
(1) Establishment.--The Administrator shall establish
in the Environmental Protection Agency a San Francisco
Bay Program Office. The Office shall be located at the
headquarters of Region 9 of the Environmental
Protection Agency.
(2) Appointment of director.--The Administrator shall
appoint a Director of the Office, who shall have
management experience and technical expertise relating
to the San Francisco Bay and be highly qualified to
direct the development and implementation of projects,
activities, and studies necessary to implement the San
Francisco Bay Plan.
(3) Delegation of authority; staffing.--The
Administrator shall delegate to the Director such
authority and provide such staff as may be necessary to
carry out this section.
(c) Annual Priority List.--
(1) In general.--After providing public notice, the
Director shall annually compile a priority list,
consistent with the San Francisco Bay Plan, identifying
and prioritizing the projects, activities, and studies
to be carried out with amounts made available under
subsection (e).
(2) Inclusions.--The annual priority list compiled
under paragraph (1) shall include the following:
(A) Projects, activities, and studies,
including restoration projects and habitat
improvement for fish, waterfowl, and wildlife,
that advance the goals and objectives of the
San Francisco Bay Plan, for--
(i) water quality improvement,
including the reduction of marine
litter;
(ii) wetland, riverine, and estuary
restoration and protection;
(iii) nearshore and endangered
species recovery; and
(iv) adaptation to climate change.
(B) Information on the projects, activities,
and studies specified under subparagraph (A),
including--
(i) the identity of each entity
receiving assistance pursuant to
subsection (e); and
(ii) a description of the communities
to be served.
(C) The criteria and methods established by
the Director for identification of projects,
activities, and studies to be included on the
annual priority list.
(3) Consultation.--In compiling the annual priority
list under paragraph (1), the Director shall consult
with, and consider the recommendations of--
(A) the Estuary Partnership;
(B) the State of California and affected
local governments in the San Francisco Bay
estuary watershed;
(C) the San Francisco Bay Restoration
Authority; and
(D) any other relevant stakeholder involved
with the protection and restoration of the San
Francisco Bay estuary that the Director
determines to be appropriate.
(d) San Francisco Bay Plan.--
(1) In general.--Not later than 5 years after the
date of enactment of this section, the Director, in
conjunction with the Estuary Partnership, shall review
and revise the comprehensive conservation and
management plan approved under section 320 for the San
Francisco Bay estuary to develop a plan to guide the
projects, activities, and studies of the Office to
address the restoration and protection of the San
Francisco Bay.
(2) Revision of san francisco bay plan.--Not less
often than once every 5 years after the date of the
completion of the plan described in paragraph (1), the
Director shall review, and revise as appropriate, the
San Francisco Bay Plan.
(3) Outreach.--In carrying out this subsection, the
Director shall consult with the Estuary Partnership and
Indian tribes and solicit input from other non-Federal
stakeholders.
(e) [Grant Program] Program Implementation.--
(1) In general.--The Director may provide funding
through cooperative agreements, grants, [or other means
to State and local agencies, special districts, and
public or nonprofit agencies] interagency agreements,
contracts, or other funding mechanisms to Federal,
State, and local agencies, special districts, public or
nonprofit agencies, and other public or private
entities, institutions, and organizations, including
the Estuary Partnership, for projects, activities, and
studies identified on the annual priority list compiled
under subsection (c).
[(2) Maximum amount of grants; non-federal share.--
[(A) Maximum amount of grants.--Amounts
provided to any entity under this section for a
fiscal year shall not exceed an amount equal to
75 percent of the total cost of any projects,
activities, and studies that are to be carried
out using those amounts.
[(B) Non-federal share.--Not less than 25
percent of the cost of any project, activity,
or study carried out using amounts provided
under this section shall be provided from non-
Federal sources.]
(2) Maximum amount.--Amounts provided for a project,
activity, or study under this section shall not exceed
an amount that is equal to 75 percent of the total cost
of such project, activity, or study.
(3) Assistance to non-federal entities.--Not less
than 25 percent of the cost of any project, activity,
or study carried out using amounts provided to a non-
Federal entity under this section shall be provided
from non-Federal sources.
(f) Funding.--
(1) Administrative expenses.--Of the amount made
available to carry out this section for a fiscal year,
the Director may not use more than 5 percent to pay
administrative expenses incurred in carrying out this
section.
(2) Prohibition.--No amounts made available under
this section may be used for the administration of a
management conference under section 320.
* * * * * * *
TITLE III--STANDARDS AND ENFORCEMENT
* * * * * * *
SEC. 320. NATIONAL ESTUARY PROGRAM.
(a) Management Conference.--
(1) Nomination of estuaries.--The Governor of any
State may nominate to the Administrator an estuary
lying in whole or in part within the State as an
estuary of national significance and request a
management conference to develop a comprehensive
management plan for the estuary. The nomination shall
document the need for the conference, the likelihood of
success, and information relating to the factors in
paragraph (2).
(2) Convening of conference.--
(A) In general.--In any case where the
Administrator determines, on his own initiative
or upon nomination of a State under paragraph
(1), that the attainment or maintenance of that
water quality in an estuary which assures
protection of public water supplies and the
protection and propagation of a balanced,
indigenous population of shellfish, fish, and
wildlife, and allows recreational activities,
in and on the water, requires the control of
point and nonpoint sources of pollution to
supplement existing controls of pollution in
more than one State, the Administrator shall
select such estuary and convene a management
conference.
(B) Priority consideration.--The
Administrator shall give priority consideration
under this section to Long Island Sound, New
York and Connecticut; Narragansett Bay, Rhode
Island; Buzzards Bay, Massachusetts;
Massachusetts Bay, Massachusetts (including
Cape Cod Bay and Boston Harbor); Puget Sound,
Washington; New York-New Jersey Harbor, New
York and New Jersey; Delaware Bay, Delaware and
New Jersey; Delaware Inland Bays, Delaware;
Albermarle Sound, North Carolina; Sarasota Bay,
Florida; San Francisco Bay, California; Santa
Monica Bay, California; Galveston Bay, Texas;
Barataria-Terrebonne Bay estuary complex,
Louisiana; Indian River Lagoon, Florida; Lake
Pontchartrain Basin, Louisiana and Mississippi;
Peconic Bay, New York; Casco Bay, Maine; Tampa
Bay, Florida; Coastal Bend, Texas; San Juan
Bay, Puerto Rico; Tillamook Bay, Oregon;
Piscataqua Region, New Hampshire; Barnegat Bay,
New Jersey; Maryland Coastal Bays, Maryland;
Charlotte Harbor, Florida; Mobile Bay, Alabama;
Morro Bay, California; Lower Columbia River,
Oregon and Washington; [and Pensacola and
Perdido Bays, Florida] Pensacola and Perdido
Bays, Florida; and Mississippi Sound,
Mississippi.
(3) Boundary dispute exception.--In any case in which
a boundary between two States passes through an estuary
and such boundary is disputed and is the subject of an
action in any court, the Administrator shall not
convene a management conference with respect to such
estuary before a final adjudication has been made of
such dispute.
(b) Purposes of Conference.--The purposes of any management
conference convened with respect to an estuary under this
subsection shall be to--
(1) assess trends in water quality, natural
resources, and uses of the estuary;
(2) collect, characterize, and assess data on toxics,
nutrients, and natural resources within the estuarine
zone to identify the causes of environmental problems;
(3) develop the relationship between the inplace
loads and point and nonpoint loadings of pollutants to
the estuarine zone and the potential uses of the zone,
water quality, and natural resources;
(4) develop a comprehensive conservation and
management plan that--
(A) recommends priority corrective actions
and compliance schedules addressing point and
nonpoint sources of pollution to restore and
maintain the chemical, physical, and biological
integrity of the estuary, including restoration
and maintenance of water quality, a balanced
indigenous population of shellfish, fish and
wildlife, and recreational activities in the
estuary, and assure that the designated uses of
the estuary are protected;
(B) addresses the effects of recurring
extreme weather events on the estuary,
including the identification and assessment of
vulnerabilities in the estuary and the
development and implementation of adaptation
strategies; and
(C) increases public education and awareness
of the ecological health and water quality
conditions of the estuary;
(5) develop plans for the coordinated implementation
of the plan by the States as well as Federal and local
agencies participating in the conference;
(6) monitor the effectiveness of actions taken
pursuant to the plan; and
(7) review all Federal financial assistance programs
and Federal development projects in accordance with the
requirements of Executive Order 12372, as in effect on
September 17, 1983, to determine whether such
assistance program or project would be consistent with
and further the purposes and objectives of the plan
prepared under this section.
For purposes of paragraph (7), such programs and projects shall
not be limited to the assistance programs and development
projects subject to Executive Order 12372, but may include any
programs listed in the most recent Catalog of Federal Domestic
Assistance which may have an effect on the purposes and
objectives of the plan developed under this section.
(c) Members of Conference.--The members of a management
conference convened under this section shall include, at a
minimum, the Administrator and representatives of--
(1) each State and foreign nation located in whole or
in part in the estuarine zone of the estuary for which
the conference is convened;
(2) international, interstate, or regional agencies
or entities having jurisdiction over all or a
significant part of the estuary;
(3) each interested Federal agency, as determined
appropriate by the Administrator;
(4) local governments having jurisdiction over any
land or water within the estuarine zone, as determined
appropriate by the Administrator; and
(5) affected industries, public and private
educational institutions, nonprofit organizations, and
the general public, as determined appropriate by the
Administrator.
(d) Utilization of Existing Data.--In developing a
conservation and management plan under this section, the
management conference shall survey and utilize existing
reports, data, and studies relating to the estuary that have
been developed by or made available to Federal, interstate,
State, and local agencies.
(e) Period of Conference.--A management conference convened
under this section shall be convened for a period not to exceed
5 years. Such conference may be extended by the Administrator,
and if terminated after the initial period, may be reconvened
by the Administrator at any time thereafter, as may be
necessary to meet the requirements of this section.
(f) Approval and Implementation of Plans.--
(1) Approval.--Not later than 120 days after the
completion of a conservation and management plan and
after providing for public review and comment, the
Administrator shall approve such plan if the plan meets
the requirements of this section and the affected
Governor or Governors concur.
(2) Implementation.--Upon approval of a conservation
and management plan under this section, such plan shall
be implemented. Funds authorized to be appropriated
under titles II and VI and section 319 of this Act may
be used in accordance with the applicable requirements
of this Act to assist States with the implementation of
such plan.
(g) Grants.--
(1) Recipients.--The Administrator is authorized to
make grants to State, interstate, and regional water
pollution control agencies and entities, State coastal
zone management agencies, interstate agencies, other
public or nonprofit private agencies, institutions,
organizations, and individuals.
(2) Purposes.--Grants under this subsection shall be
made to pay for activities necessary for the
development and implementation of a comprehensive
conservation and management plan under this section.
(3) Federal share.--The Federal share of a grant to
any person (including a State, interstate, or regional
agency or entity) under this subsection for a fiscal
year--
(A) shall not exceed--
(i) 75 percent of the annual
aggregate costs of the development of a
comprehensive conservation and
management plan; and
(ii) 50 percent of the annual
aggregate costs of the implementation
of the plan; and
(B) shall be made on condition that the non-
Federal share of the costs are provided from
non-Federal sources.
(4) Competitive awards.--
(A) In general.--Using the amounts made
available under subsection (i)(2)(B), the
Administrator shall make competitive awards
under this paragraph.
(B) Application for awards.--The
Administrator shall solicit applications for
awards under this paragraph from State,
interstate, and regional water pollution
control agencies and entities, State coastal
zone management agencies, interstate agencies,
other public or nonprofit private agencies,
institutions, organizations, and individuals.
(C) Selection of recipients.--In selecting
award recipients under this paragraph, the
Administrator shall select recipients that are
best able to address urgent, emerging, and
challenging issues that threaten the ecological
and economic well-being of the estuaries
selected by the Administrator under subsection
(a)(2), or that relate to the coastal
resiliency of such estuaries. Such issues shall
include--
(i) extensive seagrass habitat losses
resulting in significant impacts on
fisheries and water quality;
(ii) recurring harmful algae blooms;
(iii) unusual marine mammal
mortalities;
(iv) invasive exotic species that may
threaten wastewater systems and cause
other damage;
(v) jellyfish proliferation limiting
community access to water during peak
tourism seasons;
(vi) stormwater runoff;
(vii) accelerated land loss;
(viii) flooding that may be related
to sea level rise, extreme weather, or
wetland degradation or loss; and
(ix) low dissolved oxygen conditions
in estuarine waters and related
nutrient management.
(h) Grant Reporting.--Any person (including a State,
interstate, or regional agency or entity) that receives a grant
under subsection (g) shall report to the Administrator not
later than 18 months after receipt of such grants and
biennially thereafter on the progress being made under this
section.
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to the Administrator $26,500,000 for each
of fiscal years 2017 through 2021, and $50,000,000 for
each of fiscal years 2022 through [2026] 2031, for--
(A) expenses relating to the administration
of grants or awards by the Administrator under
this section, including the award and oversight
of grants and awards, except that such expenses
may not exceed 5 percent of the amount
appropriated under this subsection for a fiscal
year; and
(B) making grants and awards under subsection
(g).
(2) Allocations.--
(A) Conservation and management plans.--Not
less than 80 percent of the amount made
available under this subsection for a fiscal
year shall be used by the Administrator to
provide grant assistance for the development,
implementation, and monitoring of each of the
conservation and management plans eligible for
grant assistance under subsection (g)(2).
(B) Competitive awards.--Not less than 15
percent of the amount made available under this
subsection for a fiscal year shall be used by
the Administrator for making competitive awards
described in subsection (g)(4).
(j) Research.--
(1) Programs.--In order to determine the need to
convene a management conference under this section or
at the request of such a management conference, the
Administrator shall coordinate and implement, through
the National Marine Pollution Program Office and the
National Marine Fisheries Service of the National
Oceanic and Atmospheric Administration, as appropriate,
for one or more estuarine zones--
(A) a long-term program of trend assessment
monitoring measuring variations in pollutant
concentrations, marine ecology, and other
physical or biological environmental parameters
which may affect estuarine zones, to provide
the Administrator the capacity to determine the
potential and actual effects of alternative
management strategies and measures;
(B) a program of ecosystem assessment
assisting in the development of (i) baseline
studies which determine the state of estuarine
zones and the effects of natural and
anthropogenic changes, and (ii) predictive
models capable of translating information on
specific discharges or general pollutant
loadings within estuarine zones into a set of
probable effects on such zones;
(C) a comprehensive water quality sampling
program for the continuous monitoring of
nutrients, chlorine, acid precipitation
dissolved oxygen, and potentially toxic
pollutants (including organic chemicals and
metals) in estuarine zones, after consultation
with interested State, local, interstate, or
international agencies and review and analysis
of all environmental sampling data presently
collected from estuarine zones; and
(D) a program of research to identify the
movements of nutrients, sediments and
pollutants through estuarine zones and the
impact of nutrients, sediments, and pollutants
on water quality, the ecosystem, and designated
or potential uses of the estuarine zones.
(2) Reports.--The Administrator, in cooperation with
the Administrator of the National Oceanic and
Atmospheric Administration, shall submit to the
Congress no less often than biennially a comprehensive
report on the activities authorized under this
subsection including--
(A) a listing of priority monitoring and
research needs;
(B) an assessment of the state and health of
the Nation's estuarine zones, to the extent
evaluated under this subsection;
(C) a discussion of pollution problems and
trends in pollutant concentrations with a
direct or indirect effect on water quality, the
ecosystem, and designated or potential uses of
each estuarine zone, to the extent evaluated
under this subsection; and
(D) an evaluation of pollution abatement
activities and management measures so far
implemented to determine the degree of
improvement toward the objectives expressed in
subsection (b)(4) of this section.
(k) Definitions.--For purposes of this section, the terms
``estuary'' and ``estuarine zone'' have the meanings such terms
have in section 104(n)(4) of this Act, except that the term
``estuarine zone'' shall also include associated aquatic
ecosystems and those portions of tributaries draining into the
estuary up to the historic height of migration of anadromous
fish or the historic head of tidal influence, whichever is
higher.
TITLE IV--PERMITS AND LICENSES
* * * * * * *
SEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND NOTIFICATION.
(a) Monitoring and Notification.--
(1) In general.--Not later than 18 months after the
date of the enactment of this section, after
consultation and in cooperation with appropriate
Federal, State, tribal, and local officials (including
local health officials), and after providing public
notice and an opportunity for comment, the
Administrator shall publish performance criteria for--
(A) monitoring and assessment (including
specifying available methods for monitoring) of
coastal recreation waters adjacent to beaches
or similar points of access that are used by
the public for attainment of applicable water
quality standards for pathogens and pathogen
indicators; and
(B) the prompt notification of the public,
local governments, and the Administrator of any
exceeding of or likelihood of exceeding
applicable water quality standards for coastal
recreation waters described in subparagraph
(A).
(2) Level of protection.--The performance criteria
referred to in paragraph (1) shall provide that the
activities described in subparagraphs (A) and (B) of
that paragraph shall be carried out as necessary for
the protection of public health and safety.
(b) Program Development and Implementation Grants.--
(1) In general.--The Administrator may make grants to
States and local governments to develop and implement
programs for monitoring and notification for coastal
recreation waters adjacent to beaches or similar points
of access that are used by the public.
(2) Limitations.--
(A) In general.--The Administrator may award
a grant to a State or a local government to
implement a monitoring and notification program
if--
(i) the program is consistent with
the performance criteria published by
the Administrator under subsection (a);
(ii) the State or local government
prioritizes the use of grant funds for
particular coastal recreation waters
based on the use of the water and the
risk to human health presented by
pathogens or pathogen indicators;
(iii) the State or local government
makes available to the Administrator
the factors used to prioritize the use
of funds under clause (ii);
(iv) the State or local government
provides a list of discrete areas of
coastal recreation waters that are
subject to the program for monitoring
and notification for which the grant is
provided that specifies any coastal
recreation waters for which fiscal
constraints will prevent consistency
with the performance criteria under
subsection (a); and
(v) the public is provided an
opportunity to review the program
through a process that provides for
public notice and an opportunity for
comment.
(B) Grants to local governments.--The
Administrator may make a grant to a local
government under this subsection for
implementation of a monitoring and notification
program only if, after the 1-year period
beginning on the date of publication of
performance criteria under subsection (a)(1),
the Administrator determines that the State is
not implementing a program that meets the
requirements of this subsection, regardless of
whether the State has received a grant under
this subsection.
(3) Other requirements.--
(A) Report.--A State recipient of a grant
under this subsection shall submit to the
Administrator, in such format and at such
intervals as the Administrator determines to be
appropriate, a report that describes--
(i) data collected as part of the
program for monitoring and notification
as described in subsection (c); [and]
(ii) in the case of a State that uses
such grant to identify specific sources
of contamination pursuant to paragraph
(5), any data relating to such
identified sources of contamination;
and
[(ii)] (iii) actions taken to notify
the public when water quality standards
are exceeded.
(B) Delegation.--A State recipient of a grant
under this subsection shall identify each local
government to which the State has delegated or
intends to delegate responsibility for
implementing a monitoring and notification
program consistent with the performance
criteria published under subsection (a)
(including any coastal recreation waters for
which the authority to implement a monitoring
and notification program would be subject to
the delegation).
(4) Federal share.--
(A) In general.--The Administrator, through
grants awarded under this section, may pay up
to 100 percent of the costs of developing and
implementing a program for monitoring and
notification under this subsection.
(B) Non-federal share.--The non-Federal share
of the costs of developing and implementing a
monitoring and notification program may be--
(i) in an amount not to exceed 50
percent, as determined by the
Administrator in consultation with
State, tribal, and local government
representatives; and
(ii) provided in cash or in kind.
(5) Identification of specific sources of
contamination.--A State or local government receiving a
grant under this subsection may use such grant to
identify specific sources of contamination for coastal
recreation waters adjacent to beaches or similar points
of access that are used by the public.
(c) Content of State and Local Government Programs.--As a
condition of receipt of a grant under subsection (b), a State
or local government program for monitoring and notification
under this section shall identify--
(1) lists of coastal recreation waters in the State,
including coastal recreation waters adjacent to beaches
or similar points of access that are used by the
public;
(2) in the case of a State program for monitoring and
notification, the process by which the State may
delegate to local governments responsibility for
implementing the monitoring and notification program;
(3) the frequency and location of monitoring and
assessment of coastal recreation waters based on--
(A) the periods of recreational use of the
waters;
(B) the nature and extent of use during
certain periods;
(C) the proximity of the waters to known
point sources and nonpoint sources of
pollution; and
(D) any effect of storm events on the waters;
(4)(A) the methods to be used for detecting levels of
pathogens and pathogen indicators that are harmful to
human health; and
(B) the assessment procedures for identifying short-
term increases in pathogens and pathogen indicators
that are harmful to human health in coastal recreation
waters (including increases in relation to storm
events);
(5) measures for prompt communication of the
occurrence, nature, location, pollutants involved, and
extent of any exceeding of, or likelihood of exceeding,
applicable water quality standards for pathogens and
pathogen indicators to--
(A) the Administrator, in such form as the
Administrator determines to be appropriate; and
(B) a designated official of a local
government having jurisdiction over land
adjoining the coastal recreation waters for
which the failure to meet applicable standards
is identified;
(6) measures for the posting of signs at beaches or
similar points of access, or functionally equivalent
communication measures that are sufficient to give
notice to the public that the coastal recreation waters
are not meeting or are not expected to meet applicable
water quality standards for pathogens and pathogen
indicators; and
(7) measures that inform the public of the potential
risks associated with water contact activities in the
coastal recreation waters that do not meet applicable
water quality standards.
(d) Federal Agency Programs.--Not later than 3 years after
the date of the enactment of this section, each Federal agency
that has jurisdiction over coastal recreation waters adjacent
to beaches or similar points of access that are used by the
public shall develop and implement, through a process that
provides for public notice and an opportunity for comment, a
monitoring and notification program for the coastal recreation
waters that--
(1) protects the public health and safety;
(2) is consistent with the performance criteria
published under subsection (a);
(3) includes a completed report on the information
specified in subsection (b)(3)(A), to be submitted to
the Administrator; and
(4) addresses the matters specified in subsection
(c).
(e) Database.--The Administrator shall establish, maintain,
and make available to the public by electronic and other means
a national coastal recreation water pollution occurrence
database that provides--
(1) the data reported to the Administrator under
subsections (b)(3)(A)(i) and (d)(3); and
(2) other information concerning pathogens and
pathogen indicators in coastal recreation waters that--
(A) is made available to the Administrator by
a State or local government, from a coastal
water quality monitoring program of the State
or local government; and
(B) the Administrator determines should be
included.
(f) Technical Assistance for Monitoring Floatable Material.--
The Administrator shall provide technical assistance to States
and local governments for the development of assessment and
monitoring procedures for floatable material to protect public
health and safety in coastal recreation waters.
(g) List of Waters.--
(1) In general.--Beginning not later than 18 months
after the date of publication of performance criteria
under subsection (a), based on information made
available to the Administrator, the Administrator shall
identify, and maintain a list of, discrete coastal
recreation waters adjacent to beaches or similar points
of access that are used by the public that--
(A) specifies any waters described in this
paragraph that are subject to a monitoring and
notification program consistent with the
performance criteria established under
subsection (a); and
(B) specifies any waters described in this
paragraph for which there is no monitoring and
notification program (including waters for
which fiscal constraints will prevent the State
or the Administrator from performing monitoring
and notification consistent with the
performance criteria established under
subsection (a)).
(2) Availability.--The Administrator shall make the
list described in paragraph (1) available to the public
through--
(A) publication in the Federal Register; and
(B) electronic media.
(3) Updates.--The Administrator shall update the list
described in paragraph (1) periodically as new
information becomes available.
(h) EPA Implementation.--In the case of a State that has no
program for monitoring and notification that is consistent with
the performance criteria published under subsection (a) after
the last day of the 3-year period beginning on the date on
which the Administrator lists waters in the State under
subsection (g)(1)(B), the Administrator shall conduct a
monitoring and notification program for the listed waters based
on a priority ranking established by the Administrator using
funds appropriated for grants under subsection (i)--
(1) to conduct monitoring and notification; and
(2) for related salaries, expenses, and travel.
(i) Authorization of Appropriations.--There is authorized to
be appropriated for making grants under subsection (b),
including implementation of monitoring and notification
programs by the Administrator under subsection (h), $30,000,000
for each of fiscal years [2001 through 2005] 2026 through 2031.
TITLE V--GENERAL PROVISIONS
* * * * * * *
general definitions
Sec. 502. Except as otherwise specifically provided, when
used in this Act:
(1) The term ``State water pollution control agency'' means
the State agency designated by the Governor having
responsibility for enforcing State laws relating to the
abatement of pollution.
(2) The term ``interstate agency'' means an agency of two or
more States established by or pursuant to an agreement or
compact approved by the Congress, or any other agency of two or
more States, having substantial powers or duties pertaining to
the control of pollution as determined and approved by the
Administrator.
(3) The term ``State'' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, and the Trust Territory of the Pacific Islands.
(4) The term ``municipality'' means a city, town, borough,
county, parish, district, association, or other public body
created by or pursuant to State law and having jurisdiction
over disposal of sewage, industrial wastes, or other wastes, or
an Indian tribe or an authorized Indian tribal organization, or
a designated and approved management agency under section 208
of this Act.
(5) The term ``person'' means an individual, corporation,
partnership, association, State, municipality, commission, or
political subdivision of a State, or any interstate body.
(6) The term ``pollutant'' means dredged spoil, solid waste,
incinerator residue, sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials,
heat, wrecked or discarded equipment, rock, sand, cellar dirt
and industrial, municipal, and agricultural waste discharged
into water. This term does not mean (A) ``sewage from vessels
or a discharge incidental to the normal operation of a vessel
of the Armed Forces'' within the meaning of section 312 of this
Act; or (B) water, gas, or other material which is injected
into a well to facilitate production of oil or gas, or water
derived in association with oil or gas production and disposed
of in a well, if the well used either to facilitate production
or for disposal purposes is approved by authority of the State
in which the well is located, and if such State determines that
such injection or disposal will not result in the degradation
of ground or surface water resources.
(7) The term ``navigable waters'' means the waters of the
United States, including the territorial seas.
(8) The term ``territorial seas'' means the belt of the seas
measured from the line of ordinary low water along that portion
of the coast which is in direct contact with the open sea and
the line marking the seaward limit of inland waters, and
extending seaward a distance of three miles.
(9) The term ``contiguous zone'' means the entire zone
established or to be established by the United States under
article 24 of the Convention of the Territorial Sea and the
Contiguous Zone.
(10) The term ``ocean'' means any portion of the high seas
beyond the contiguous zone.
(11) The term ``effluent limitation'' means any restriction
established by a State or the Administrator on quantities,
rates, and concentrations of chemical, physical, biological,
and other constituents which are discharged from point sources
into navigable waters, the waters of the contiguous zone, or
the ocean, including schedules of compliance.
(12) The term ``discharge of a pollutant'' and the term
``discharge of pollutants'' each means (A) any addition of any
pollutant to navigable waters from any point source, (B) any
addition of any pollutant to the waters of the contiguous zone
or the ocean from any point source other than a vessel or other
floating craft.
(13) The term ``toxic pollutant'' means those pollutants, or
combinations of pollutants, including disease-causing agents,
which after discharge and upon exposure, ingestion, inhalation
or assimilation into any organism, either directly from the
environment or indirectly by ingestion through food chains,
will, on the basis of information available to the
Administrator, cause death, disease, behavioral abnormalities,
cancer, genetic mutations, physiological malfunctions
(including malfunctions in reproduction) or physical
deformations, in such organisms or their offspring.
(14) The term ``point source'' means any discernible,
confined and discrete conveyance, including but not limited to
any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure, container, rolling stock, concentrated animal feeding
operation, or vessel or other floating craft, from which
pollutants are or may be discharged. This term does not include
agricultural stormwater discharges and return flows from
irrigated agriculture.
(15) The term ``biological monitoring'' shall mean the
determination of the effects on aquatic life, including
accumulation of pollutants in tissue, in receiving waters due
to the discharge of pollutants (A) by techniques and
procedures, including sampling of organisms representative of
appropriate levels of the food chain appropriate to the volume
and the physical, chemical, and biological characteristics of
the effluent, and (B) at appropriate frequencies and locations.
(16) The term ``discharge'' when used without qualification
includes a discharge of a pollutant, and a discharge of
pollutants.
(17) The term ``schedule of compliance'' means a schedule of
remedial measures including an enforceable sequence of actions
or operations leading to compliance with an effluent
limitation, other limitation, prohibition, or standard.
(18) The term ``industrial user'' means those industries
identified in the Standard Industrial Classification Manual,
Bureau of the Budget, 1967, as amended and supplemented, under
the category ``Division D--Manufacturing'' and such other
classes of significant waste producers as, by regulation, the
Administrator deems appropriate.
(19) The term ``pollution'' means the man-made or man-induced
alteration of the chemical, physical, biological, and
radiological integrity of water.
(20) The term ``medical waste'' means isolation wastes;
infectious agents; human blood and blood products; pathological
wastes; sharps; body parts; contaminated bedding; surgical
wastes and potentially contaminated laboratory wastes; dialysis
wastes; and such additional medical items as the Administrator
shall prescribe by regulation.
(21) Coastal recreation waters.--
(A) In general.--The term ``coastal
recreation waters'' means--
(i) the Great Lakes; and
(ii) marine coastal waters
[(including coastal estuaries)]
(including coastal estuaries, the
mouths of rivers and streams, nearby
shallow waters, and waters present on
beaches) that are designated under
section 303(c) by a State for use for
swimming, bathing, surfing, or similar
water contact activities.
(B) Exclusions.--The term ``coastal
recreation waters'' does not include--
(i) inland waters; or
(ii) waters upstream of the mouth of
a river or stream having an unimpaired
natural connection with the open sea.
(22) Floatable material.--
(A) In general.--The term ``floatable
material'' means any foreign matter that may
float or remain suspended in the water column.
(B) Inclusions.--The term ``floatable
material'' includes--
(i) plastic;
(ii) aluminum cans;
(iii) wood products;
(iv) bottles; and
(v) paper products.
(23) Pathogen indicator.--The term ``pathogen
indicator'' means a substance that indicates the
potential for human infectious disease.
(24) Oil and gas exploration and production.--The
term ``oil and gas exploration, production, processing,
or treatment operations or transmission facilities''
means all field activities or operations associated
with exploration, production, processing, or treatment
operations, or transmission facilities, including
activities necessary to prepare a site for drilling and
for the movement and placement of drilling equipment,
whether or not such field activities or operations may
be considered to be construction activities.
(25) Recreational vessel.--
(A) In general.--The term ``recreational
vessel'' means any vessel that is--
(i) manufactured or used primarily
for pleasure; or
(ii) leased, rented, or chartered to
a person for the pleasure of that
person.
(B) Exclusion.--The term ``recreational
vessel'' does not include a vessel that is
subject to Coast Guard inspection and that--
(i) is engaged in commercial use; or
(ii) carries paying passengers.
(26) Treatment works.--The term ``treatment works''
has the meaning given the term in section 212.
(27) Green infrastructure.--The term ``green
infrastructure'' means the range of measures that use
plant or soil systems, permeable pavement or other
permeable surfaces or substrates, stormwater harvest
and reuse, or landscaping to store, infiltrate, or
evapotranspirate stormwater and reduce flows to sewer
systems or to surface waters.
* * * * * * *
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BEACHES ENVIRONMENTAL ASSESSMENT AND
COASTAL HEALTH ACT OF 2000
* * * * * * *
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the
provisions of this Act, including the amendments made by this
Act, for which amounts are not otherwise specifically
authorized to be appropriated, such sums as are necessary for
each of fiscal years [2001 through 2005] 2026 through 2031.
[all]