[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 815 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 815
To amend the Federal Water Pollution Control Act to provide special
funding to States for implementation of national estuary conservation
and management plans, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 22 (legislative day, April 19), 1993
Mr. Lieberman (for himself, Mr. Dodd, Mr. Moynihan, and Mr. D'Amato)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to provide special
funding to States for implementation of national estuary conservation
and management plans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Pollution Control and Estuary
Restoration Financing Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the estuaries of the United States are a vital natural
resource to which many regional economies are closely tied;
(2) many of the estuaries of the United States are under a
severe threat from point source pollution and polluted run-off
(nonpoint source pollution) and from habitat alteration and
destruction;
(3) only through expanded investments in waste water
treatment and other water and sediment pollution control and
prevention efforts can the environmental and economic values of
the estuaries of the United States be restored and protected;
(4) the national estuary program created under section 320
of the Federal Water Pollution Control Act (33 U.S.C. 1330) has
significantly advanced the understanding of the declining
condition of the estuaries of the United States;
(5) the national estuary program has also provided precise
information about the corrective and preventative measures
required to reverse the degradation of water and sediment
quality and to halt the alteration and destruction of vital
habitat in the estuaries of the United States;
(6) the level of funding available to States,
municipalities, and the Environmental Protection Agency for
implementation of approved conservation and management plans is
inadequate, and additional financial resources must be
provided;
(7) funding for implementation of approved conservation and
management plans should be provided under the State revolving
loan fund authorized in title VI of the Federal Water Pollution
Control Act (33 U.S.C. 1381 et seq.); and
(8) authorization levels for State revolving loan fund
capitalization grants should be increased by an amount
necessary to ensure the achievement of the goals of the Federal
Water Pollution Control Act.
(b) Purposes.--The purposes of this Act are--
(1) to expand and strengthen efforts to combat the serious
and growing water and sediment quality problems in estuaries of
national significance identified under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.);
(2) to provide significant levels of Federal assistance to
States and municipalities seeking to implement comprehensive
conservation and management plans for those estuaries;
(3) to reauthorize section 320 of the Federal Water
Pollution Control Act (33 U.S.C. 1330) in order to improve the
development and implementation of comprehensive conservation
and management plans for those estuaries; and
(4) to extend and increase Federal support for the State
water pollution control revolving fund program in order to
address various water and sediment quality problems in the
waters of the United States.
SEC. 3. EXTENSION OF WATER POLLUTION CONTROL REVOLVING LOAN FUND
PROGRAM.
(a) Allotment Formula.--Section 604(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1384(a)) is amended--
(1) by striking ``Sums authorized'' and inserting ``Except
as provided in section 608, sums authorized''; and
(2) by striking ``and 1990'' and inserting ``through
1999''.
(b) Funding.--Section 607 of such Act (33 U.S.C. 1387) is amended
by striking ``the following sums:'' and all that follows through the
end of the section and inserting the following: ``$4,000,000,000 for
each of fiscal years 1994 and 1995, and $5,000,000,000 for each of
fiscal years 1996 through 2000.''.
SEC. 4. FUNDING FOR IMPLEMENTATION OF ESTUARY CONSERVATION AND
MANAGEMENT PLANS.
Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381
et seq.) is amended by adding at the end the following new section:
``SEC. 608. CAPITALIZATION GRANTS TO STATES FOR IMPLEMENTING ESTUARY
CONSERVATION AND MANAGEMENT PLANS.
``(a) Set-Aside for Implementing Approved Plans.--
``(1) Set-aside.--
``(A) In general.--Of amounts appropriated under
the authority of section 607 for each fiscal year, the
applicable percentage under subparagraph (B) shall be
used by the Administrator to make capitalization grants
under this title to qualified States.
``(B) Percentage.--For purposes of subsection (A),
the applicable percentage is--
``(i) 2.5 percent for fiscal year 1994;
``(ii) 5 percent for fiscal year 1995;
``(iii) 7.5 percent for fiscal year 1996;
``(iv) 10 percent for fiscal year 1997;
``(v) 12.5 percent for fiscal year 1998;
``(vi) 15 percent for fiscal year 1999; and
``(vii) 15 percent for fiscal year 2000.
``(2) Allocation.--Of the amounts required under paragraph
(1) to be used for grants to qualified States for a fiscal
year, the Administrator shall allocate to each qualified State
an amount equal to--
``(A) the total of the amounts required under
paragraph (1) to be used for the grants for the fiscal
year; multiplied by
``(B) the percentage specified by the Administrator
for the fiscal year for the State under paragraph
(3)(B).
``(3) Determination of state needs.--Not later than 120
days after the date on which all qualified States have
submitted under paragraph (4)(A) estimates of the needs of the
States for financial assistance for a fiscal year, the
Administrator shall--
``(A) determine the needs of each qualified State
for financing implementation of approved estuary plans
in the fiscal year, based on the State estimates; and
``(B) submit to Congress a report describing the
needs for all qualified States, including specifying
for each qualified State a percentage for purposes of
paragraph (2)(B) representing the needs of the
qualified State relative to the needs of all qualified
States.
``(4) State estimate of needs.--
``(A) Submission.--Not later than July 1 of each
year, each qualified State shall submit to the
Administrator an estimate of the needs of the State for
financial assistance for implementing, monitoring, and
enforcing approved estuary plans in the next fiscal
year. The estimates may be included in the intended use
plan of a qualified State under section 606(c), and
shall maximize economical planning, design, and
construction.
``(B) Consultation.--In preparing an estimate of
needs under this paragraph, a qualified State shall
consult with each management conference that is
implementing an approved estuary plan under section 320
and of which the State is a member.
``(C) Approval required.--A qualified State may not
submit an estimate of need under this paragraph unless
the estimate is approved by each management conference
under section 320 that is implementing an approved
estuary plan and of which the State is a member.
``(5) Failure to submit estimate.--A qualified State that
does not submit an estimate for a fiscal year in accordance
with paragraph (4) shall not be eligible for any allocation
under paragraph (2) for that fiscal year.
``(b) Separate Account.--
``(1) Establishment of account.--A qualified State shall
establish a separate account in the water pollution control
revolving fund established by the State under this title, which
shall be known as an `Estuary Account'. Amounts of grants to a
qualified State under subsection (a) shall be deposited into
the Estuary Account established by the State.
``(2) Use.--A qualified State may use amounts in its
Estuary Account of the State only for providing assistance for
the purpose of implementing approved estuary plans that apply
to the State.
``(c) Types of Assistance.--
``(1) In general.--Except as otherwise provided by State
law and subject to paragraph (2), amounts in the Estuary
Account of a qualified State may be used only for providing the
types of assistance described in section 603(d).
``(2) Special rules.--
``(A) Extended amortization period.--
Notwithstanding section 603(d)(1)(A), a loan made by a
qualified State with amounts in the Estuary Account of
the State may be for a term of not to exceed 40 years
or the useful life of any facility constructed with the
loan, whichever is less, if the borrower demonstrates
to the State that the borrower is experiencing
financial hardship.
``(B) Principal subsidies.--In addition to the
types of assistance authorized by section 603(d), a
qualified State may use amounts of interest earned on
amounts in the Estuary Account of the State to
subsidize up to 90 percent of the principal portion of
the amount of debt service of an entity referred to in
section 603(c)(1) that, notwithstanding the
availability of interest free loans under section
603(d)(1)(A) and extended amortization under paragraph
(1), the State determines is financially unable to
carry out a project that is necessary for the
implementation of an approved estuary plan.
``(d) State Matching Funds.--A qualified State shall deposit into
the Estuary Account of the State an amount from State funds equal to at
least 20 percent of amounts deposited into the account in the form of
capitalization grants to the State under this section.
``(e) Definitions.--In this section:
``(1) Approved estuary plan.--The term `approved estuary
plan' means a comprehensive conservation and management plan
approved by the Administrator under section 320(h).
``(2) Estuary account.--The term `Estuary Account' means a
separate account established by a qualified State under
subsection (b) in its water pollution control revolving fund of
the State.
``(3) Qualified state.--The term `qualified State' means a
State that--
``(A) is subject to an approved estuary plan;
``(B) has established an estuary account in
accordance with subsection (b); and
``(C) has fulfilled the responsibilities of the
State under section 320 with respect to each management
conference under such section of which the State is a
member.''.
SEC. 5. DISCRETIONARY GRANTS FOR IMPLEMENTATION OF ESTUARY CONSERVATION
AND MANAGEMENT PLANS.
(a) In General.--Section 320 of the Federal Water Pollution Control
Act (33 U.S.C. 1330) is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection:
``(k) Grants for Implementation of Conservation and Management
Plans.--
``(1) In general.--The Administrator shall make grants to
State, interstate, and regional water pollution control
agencies and entities, State coastal zone management agencies,
interstate agencies, other public or nonprofit agencies,
institutions, organizations, Indian tribes, and individuals for
implementation of conservation and management plans approved
under this section.
``(2) Purposes.--Grants under this subsection shall be
made to assist in the aspects of implementation of the plans
that involve innovative technology, research and development,
education, pollution prevention, comprehensive land use
planning, and other activities not generally funded by the
State under this title.
``(3) Federal share.--The amount of grants to any person
(including a State, interstate, or regional agency or entity)
under this subsection for a fiscal year shall not exceed 75
percent of the cost of implementation of the plans.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to the Environmental Protection Agency to
carry out this subsection not to exceed $50,000,000 per fiscal
year for each of fiscal years 1994 through 2000.''.
(b) Funding for Interim Actions.--Section 320(g)(2) of such Act (33
U.S.C. 1330(g)(2)) is amended by inserting before the period the
following: ``, and for appropriate interim actions that are adopted by
the management conference and approved in accordance with subsection
(h) to protect the water and sediment quality of the estuary that is
the subject of such a plan''.
(c) Grant Reporting.--Section 320(h) of such Act (33 U.S.C.
1330(h)) is amended by striking ``subsection (g)'' and inserting
``subsection (i) and that receives a grant under subsection (k)''.
(d) Conforming Amendment.--Section 320(g) of such Act (33 U.S.C.
1330(g)) is amended by inserting ``Development'' before ``Grants.--''.
SEC. 6. EXTENSION OF CONSERVATION AND MANAGEMENT PLAN DEVELOPMENT GRANT
PROGRAM.
Section 320(i) of the Federal Water Pollution Control Act (33
U.S.C. 1330(i)) is amended--
(1) by inserting ``and $28,000,000 per fiscal year for each
of fiscal years 1992 through 2000'' after ``and 1991''; and
(2) by inserting ``for fiscal years 1987 through 1991, and
$8,000,000 per fiscal year of the sums authorized to be
appropriated under this subsection for fiscal years 1992
through 2000,'' before ``to the Administrator of the
National''.
SEC. 7. NATIONAL ESTUARY PROGRAM IMPROVEMENT.
(a) Management Plans.--Section 320(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1330(b)) is amended--
(1) by striking the matter preceding paragraph (1) and
inserting the following:
``(b) Purposes of Conference.--The purpose of any management
conference convened with respect to an estuary under this section shall
be to ensure, through a comprehensive planning process, full
coordination, and full implementation of the requirements of sections
303, 304(l), 305(b), 319, 402 and 404 and the Coastal Zone Management
Act of 1972 (42 U.S.C. 1451 et seq.), and to identify, plan, and ensure
implementation of additional measures necessary to achieve compliance
with water quality standards and to protect existing and designated
uses of coastal waters. To achieve these purposes a management
conference shall--'';
(2) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), and (7) in order as paragraphs (2), (3), (4), (6), (8),
(10), and (11), respectively;
(3) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) conduct within one year after the convening of the
conference a literature survey to identify existing information
on the environmental health of the estuary;'';
(4) by inserting after paragraph (4), as so redesignated,
the following:
``(5) identify within 3 years after the convening of the
conference the major environmental problems and priorities that
the comprehensive conservation and management plan will
address;'';
(5) in paragraph (6), as so redesignated, by inserting
after ``plan'' the following: ``, within 5 years after the date
on which the management conference is convened and in
accordance with the applicable guidance document published
under subsection (e),'';
(6) in paragraph (6), as so redesignated, by inserting
``(including policies enforceable under State law)'' after
``actions'';
(7) by inserting after paragraph (6), as so redesignated,
the following:
``(7) submit to the Administrator in the first year
following the convening of the conference, an initial 5-year
budget for the development of the conservation and management
plan, and revise the budget on an annual basis;'';
(8) by inserting after paragraph (8), as so redesignated,
the following new paragraph:
``(9) conduct an analysis, within 3 years after the
convening of the conference, of any changes to State statutory
authority that will be required to implement the conservation
and management plan, and update the analysis on an annual basis
thereafter;'';
(9) in paragraph (10), as so redesignated, by striking
``and'' after the semicolon;
(10) in paragraph (11), as so redesignated, by striking the
period and inserting a semicolon;
(11) by inserting after paragraph (11), as so redesignated,
the following new paragraph:
``(12) identify all Federal activities (including
development projects, financial assistance programs, and
licensing and permitting activities) that may affect the
requirements and objectives of the conservation and management
plan developed under this section, and ensure the coordinated
implementation of the plan with respect to the activities;
``(13) identify all pollutants and water bodies for which
development of maximum daily loads are necessary pursuant to
section 303, and establish a schedule whereby all the total
maximum daily loads and wasteload and load allocations shall be
completed within 5 years of approval of a conservation and
management plan pursuant to this section;
``(14) ensure that all permits issued under section 402 are
current for significant dischargers within an estuary subject
to a conservation and management plan, and that, if multiple
dischargers affect a single segment of the estuary, the
dischargers are placed on simultaneous permit issuance
schedules to allow for efficient wasteload allocation;
``(15) ensure that if an estuary subject to a conservation
and management plan is affected by combined sewer overflows,
development and implementation of a combined sewer overflow
abatement plan is included in the conservation and management
plan; and
``(16) identify portions of the conservation and management
plan developed under this section that should be included in a
State coastal zone management program approved under section
306(c) of the Coastal Zone Management Act of 1972 (16 U.S.C.
1455(c)) and make appropriate recommendations to the Governor
and the Under Secretary for the inclusion.''; and
(12) in the matter following paragraph (16) (as added by
paragraph (11)) by striking ``paragraph (7)'' and inserting
``paragraph (11)''.
(b) Fisheries and Wildlife.--
(1) Members of conference.--Section 320(c) of such Act (33
U.S.C. 1330(c)) is amended--
(A) in paragraph (3), by inserting after ``Federal
agency,'' the following: ``including those Federal
agencies with responsibility for conserving and
protecting living resources including fish, shellfish,
and wildlife,''; and
(B) in paragraph (5), by inserting ``including the
agricultural industry,'' after ``industries,''.
(2) Research.--Section 320(j)(2) of such Act (33 U.S.C.
1330(j)(2)) is amended by inserting ``and the Director of the
United States Fish and Wildlife Service'' after
``Administration''.
(c) Participation of Municipalities.--Section 320(c)(4) of such Act
(33 U.S.C. 1330(c)(4)) is amended by striking ``local governments'' and
inserting ``municipalities''.
(d) Participation of Environmental Organizations.--Section
320(c)(5) of such Act (33 U.S.C. 1330(c)(5)) is amended by inserting
``, including environmental organizations'' after ``the general
public''.
(e) Duties of Members of Conference.--Section 320 of such Act (33
U.S.C. 1330) is amended--
(1) by redesignating subsection (d), (e), (f), (g), (h),
(i), (j), (k), and (l) as subsection (f), (g), (h), (i), (j),
(k), (l), (m), and (n), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Duties of Members.--
``(1) Administrator.--
``(A) In general.--The Administrator shall provide
necessary levels of funding and staff resources to
carry out the functions of the Administrator related to
the development, approval, implementation, and
monitoring of a conservation and management plan under
this section and of approved interim measures.
``(B) Analysis of federal needs.--Not later than
120 days after the date of the enactment of this
subsection, the Comptroller General of the United
States shall submit to Congress and to the
Administrator an analysis of the needs of the
Environmental Protection Agency for additional
personnel and administrative resources necessary to
fully carry out the duties of the Environmental
Protection Agency under this section. The analysis
shall include recommendations regarding necessary
additional authorizations and appropriations.
``(C) Policy and technical liaison.--The
Administrator or the designee of the Administrator
shall, among other functions performed with respect to
management conferences, serve as policy and technical
liaison for all participants in management conferences.
``(2) Under secretary.--The Under Secretary of Commerce for
Oceans and Atmosphere shall provide the necessary levels of
funding and staff resources to carry out the functions of the
Under Secretary under this section, and shall coordinate the
activities of the Under Secretary with each management
conference convened under this section.
``(e) Guidance Document.--
``(1) In general.--Not later than 9 months after the date
of the enactment of this subsection, the Administrator shall
issue a guidance document that establishes requirements for--
``(A) management conferences to follow in
developing, approving, implementing, and monitoring
conservation and management plans; and
``(B) approving and implementing interim actions to
protect the water quality of the estuary for which a
conservation and management plan is developed.
``(2) Publication of proposed document.--The Administrator
shall publish a proposed guidance document under this
subsection by not later than 6 months after the date of the
enactment of this subsection.''.
(f) Management Conferences.--Subsection (g) of section 320 of such
Act, as redesignated by subsection (e)(1), is amended to read as
follows:
``(g) Period of Conference.--A management conference convened under
this section shall be convened for a period of at least 5 years. On
approval of a plan under subsection (h), the Administrator shall, for
purposes of implementing the plan, extend a conference for an
additional 5 years if the affected Governor or Governors concur in the
extension and the extension is necessary to meet the requirements of
this section and section 608.''.
(g) Approval and Implementation of Conservation and Management
Plans; Public Review and Comment.--Subsection (h) of section 320 of
such Act, as redesignated by subsection (e)(1), is amended to read as
follows:
``(h) Approval and Implementation of Plans and Interim Actions.--
``(1) Approval of plans.--Not later than 120 days after the
date of the completion of a conservation and management plan
and after providing for public review and comment, the
Administrator shall approve the plan if--
``(A) the plan complies with any applicable
guidance document published under subsection (c);
``(B) the plan meets the requirements of this
section;
``(C) the plan specifies the implementation
responsibilities, including funding responsibilities
and implementation schedules, of the Federal Government
and of State and local governments that participated in
the development of the plan;
``(D) the affected Governor or Governors concur;
and
``(E) the affected Governor or Governors certify
that they have the authority to undertake the actions
called for in the plan.
``(2) Approval of interim actions.--The Administrator shall
approve an interim action to protect the water quality of an
estuary for which a conservation and management plan is being
developed if it meets the requirements set forth in
subparagraphs (A) through (D) of paragraph (1).
``(3) Public review and comment.--The Administrator shall,
before approving a conservation and management plan, publish in
the Federal Register a draft of the plan and provide an
opportunity for public review and comment on the plan.
``(4) Implementation.--On approval of a conservation and
management plan or interim actions under this section, the
Administrator, as a nondiscretionary duty, shall ensure that
the Federal responsibilities and commitments under the plan or
interim action are complied with and implemented in accordance
with the guidance document. The Administrator, in conjunction
with and with the assistance of the management conference,
shall--
``(A) provide assistance to the management
conference, including administrative and technical
assistance, for implementation of the plan or interim
action;
``(B) coordinate Federal programs necessary for
implementing the plan or interim action;
``(C) make recommendations to the management
conference on enforcement and technical assistance
activities necessary to ensure compliance with and
implementation of the plan or interim action;
``(D) collect and make available to the public,
publications and other forms of information relating to
implementation of the plan or interim action; and
``(E) make grants under the authority provided by
this title.
``(5) Funding.--Funds authorized to be appropriated under
titles II and VI, section 319, and this section may be used in
accordance with the applicable requirements of this Act to
assist States with the implementation of conservation and
management plans under this section. Funds authorized to be
appropriated under section 319 and this section may also be
used in accordance with the applicable requirements of this Act
to assist States with the implementation of interim actions
under this section.
``(6) Consistency.--On approval of a conservation and
management plan or interim action under this section, each
Federal agency activity identified pursuant to subsection
(b)(10), with respect to the plan or interim action, shall be
conducted in a manner that is consistent with the enforceable
requirement of the plan or interim action.''.
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