Clean Water Trust Act of 2005 - Amends the Federal Water Pollution Control Act (FWPCA) to establish in the Treasury the Clean Water Trust Fund, to be funded by user fees, to finance certain FWPCA programs and activities, including: (1) water pollution reduction and control; (2) technical assistance for small rural communities; (3) the National Center for Utility Management; (4) grants to states and interstate agencies to assist in the management of pollution control programs; (5) watershed pilot projects; (6) regional water pollution control; (7) alternative water source projects; (8) sewer overflow control; (9) fisheries habitat protection, restoration, and enhancement; and (10) wetlands restoration.
Authorizes the Administrator of the Environmental Protection Agency (EPA) to make grants to nonprofit organizations to: (1) provide technical assistance to rural and small municipalities for wastewater infrastructure financing; and (2) establish a National Center for Utility Management to promote improved management of public wastewater utilities.
Revises: (1) eligibility requirements for grants for sewage collection systems; and (2) state water pollution revolving fund provisions. Establishes a grant program under FWPCA to address the most serious water pollution problems.
Authorizes the Administrator to: (1) make grants to states, nonprofit organizations, and other entities for fresh water, estuarine, and marine fisheries habitat protection, preservation, and restoration; and (2) make grants to states for wetlands restoration.
Revises funding allocations for state water pollution control projects and activities serving Indian tribes and reservations.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4560 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4560
To amend the Federal Water Pollution Control Act to authorize
appropriations for State water pollution control revolving funds, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 15, 2005
Mr. Duncan introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committees on Resources and Budget, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to authorize
appropriations for State water pollution control revolving funds, 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; TABLE OF CONTENTS.
(a) In General.--This Act may be cited as the ``Clean Water Trust
Act of 2005''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Amendment of Federal Water Pollution Control Act.
TITLE I--TECHNICAL AND MANAGEMENT ASSISTANCE
Sec. 101. Technical assistance.
Sec. 102. National Center for Utility Management.
Sec. 103. State management assistance.
Sec. 104. Watershed pilot projects.
Sec. 105. Critical regional waters.
TITLE II--CONSTRUCTION OF TREATMENT WORKS
Sec. 201. Sewage collection systems.
Sec. 202. Treatment works defined.
Sec. 203. Policy on cost effectiveness.
Sec. 204. Pilot program for alternative water source projects.
Sec. 205. Sewer overflow control grants.
TITLE III--STATE WATER POLLUTION CONTROL REVOLVING FUNDS
Sec. 301. General authority for capitalization grants.
Sec. 302. Capitalization grant agreements.
Sec. 303. Water pollution control revolving loan funds.
Sec. 304. Allotment of funds.
Sec. 305. Intended use plan.
Sec. 306. Federal oversight.
Sec. 307. Technical assistance.
Sec. 308. High priority partnership grants.
Sec. 309. Authorization of appropriations from the Clean Water Trust
Fund.
TITLE IV--CLEAN WATER TRUST FUND
Sec. 401. Establishment of Clean Water Trust Fund.
TITLE V--FISHERIES
Sec. 501. Fisheries habitat protection, restoration, and enhancement
grants.
Sec. 502. State wetlands restoration grants.
TITLE VI--GENERAL PROVISIONS
Sec. 601. Definition of treatment works.
Sec. 602. Funding for Indian programs.
Sec. 603. Private property not affected.
SEC. 2. PURPOSE.
The purpose of this Act is to make further progress towards the
achievement of the Nation's water quality goals by establishing and
providing funding for a clean water trust fund, which will provide for
increased investment in critical water infrastructure, improvements in
technology and management, greater funding for critical regional
programs, and increased attention to fishable uses.
SEC. 3. AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.).
TITLE I--TECHNICAL AND MANAGEMENT ASSISTANCE
SEC. 101. TECHNICAL ASSISTANCE.
(a) Technical Assistance for Rural and Small Treatment Works.--
Section 104(b) (33 U.S.C. 1254(b)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) make grants to nonprofit organizations--
``(A) to provide technical assistance to rural and
small municipalities for the purpose of assisting, in
consultation with the State in which the assistance is
provided, such municipalities in the planning,
developing, and acquisition of financing for wastewater
infrastructure assistance;
``(B) to capitalize revolving loan funds for the
purpose of providing loans, in consultation with the
State in which the assistance is provided, to rural and
small municipalities for predevelopment costs
associated with wastewater infrastructure projects or
short-term costs incurred for equipment replacement
that is not part of regular operation and maintenance
activities for existing wastewater systems, subject to
the conditions that any loan from the fund will be made
at a below market interest rate, for a term not to
exceed 10 years, and in an amount not to exceed
$100,000 and that all loan repayments will be credited
to the fund;
``(C) to provide technical assistance and training
for rural and small publicly owned treatment works and
decentralized wastewater treatment systems to enable
such treatment works and systems to protect water
quality and achieve and maintain compliance with the
requirements of this Act; and
``(D) to disseminate information to rural and small
municipalities and municipalities that meet the
affordability criteria established under section 603(i)
by the State in which the municipality is located with
respect to planning, design, construction, and
operation of publicly owned treatment works and
decentralized wastewater treatment systems.''.
(b) Authorization of Appropriations.--Section 104(u) (33 U.S.C.
1254(u)) is amended--
(1) by striking ``and (6)'' and inserting ``(6)''; and
(2) by inserting before the period at the end the
following: ``; (7) not to exceed $50,000,000 from the Clean
Water Trust Fund established by section 701 for each of fiscal
years 2006 through 2010 for carrying out subsection (b)(8),
except that not more than one-third of such amount may be used
in a fiscal year for carrying out subsection (b)(8)(B); and (8)
not to exceed $295,000,000 from the Clean Water Trust Fund for
each of fiscal years 2006 through 2010 for carrying out
subsection (b)(3).''.
(c) Competitive Procedures for Awarding Grants.--Section 104 (33
U.S.C. 1254(b)) is amended by adding at the end the following:
``(w) Competitive Procedures for Awarding Grants.--The
Administrator shall establish procedures that, to the maximum extent
practicable, promote competition and openness in the award of grants to
nonprofit private agencies, institutions, and organizations under this
section.''.
SEC. 102. NATIONAL CENTER FOR UTILITY MANAGEMENT.
Section 104 (33 U.S.C. 1254) is further amended by adding at the
end the following:
``(x) Establishment of a National Center for Utility Management.--
``(1) Grant.--The Administrator may make a grant to an
appropriate nonprofit organization to establish a National
Center for Utility Management for the purpose of promoting
improved management of public wastewater utilities, including
the use of best management practices with respect to
comprehensive asset management, worker training and
flexibility, information systems, financial planning, and
financial reporting.
``(2) Functions.--The functions of the National Center for
Utility Management shall include, at a minimum, the following:
``(A) Developing best practices for utility
management.
``(B) Coordinating relevant studies and development
activities conducted at university-based training and
technical assistance centers.
``(C) Coordinating ongoing and planned initiatives
to promote best practices for utility management within
and across the wastewater program.
``(D) Exploring opportunities to take advantage of
best management practices and informational materials
developed by other agencies (including the Office of
Asset Management in the Federal Highway
Administration).
``(E) Strengthening efforts to educate utilities
and local government leaders about the optimal use of
best practices for utility management, through
handbooks, software, workshops, the establishment of a
website, and other steps to assure that wastewater
utilities, regardless of size, have easy access to
information about best practices for utility
management.
``(F) In undertaking these functions, providing
appropriate attention to the needs and circumstances of
utilities that serve not more than 20,000 users and are
located in a rural area.
``(4) Authorization of appropriations.--There is authorized
to be appropriated from the Clean Water Trust Fund established
by section 701 $5,000,000 for each of fiscal years 2006 through
2010 to carry out this subsection.''.
SEC. 103. STATE MANAGEMENT ASSISTANCE.
Section 106(a) (33 U.S.C. 1256(a)) is amended--
(1) by striking ``and'' at the end of paragraph (1); and
(2) by inserting after paragraph (2) the following:
``(3) such sums as may be necessary for each of fiscal
years 1991 through 2005; and
``(4) $250,000,000 from the Clean Water Trust Fund
established by section 701 for each of fiscal years 2006
through 2010.''.
SEC. 104. WATERSHED PILOT PROJECTS.
(a) Section Redesignation.--The second section 121 (33 U.S.C. 1274)
relating to watershed pilot projects is redesignated as section 122.
(b) Pilot Projects.--Section 122 (as so redesignated) is amended--
(1) in the section heading by striking ``wet weather'';
(2) in the matter preceding paragraph (1) of subsection (a)
by striking ``wet weather discharge'';
(3) in subsection (a) by inserting ``, including low-impact
development technologies'' before the period at the end; and
(4) by adding at the end of subsection (a) the following:
``(3) Watershed partnerships.--Efforts of municipalities
and property owners to demonstrate cooperative ways to address
nonpoint sources of pollution to reduce adverse impacts on
water quality.''.
(c) Authorization of Appropriations.--Section 122(c)(1) (as so
redesignated) is amended by inserting after ``for fiscal year 2004''
the following: ``and from the Clean Water Trust Fund established by
section 701 $20,000,000 for each of fiscal years 2006 through 2010''.
(d) Report to Congress.--Section 122(d) (as so redesignated) is
amended by striking ``5 years'' and inserting ``7 years''.
SEC. 105. CRITICAL REGIONAL WATERS.
(a) Critical Regional Waters.--Title I (33 U.S.C. 1251-1274) is
amended by adding at the end the following:
`SEC. 123. CRITICAL REGIONAL WATERS.
`(a) Generally.--In addition to amounts otherwise authorized to be
appropriated, there is authorized to be appropriated from the Clean
Water Trust Fund established by section 701 $250,000,000 for each of
fiscal years 2006 through 2010 for the following:
`(1) Implementing section 117, relating to the Chesapeake
Bay.
`(2) Implementing section 118, relating to the Great Lakes.
`(3) Implementing section 119, relating to the Long Island
Sound.
`(4) Implementing section 120, relating to Lake Champlain.
`(5) Implementing section 121, relating to Lake
Pontchartrain.
`(6) Implementing section 320, relating to estuaries of
national significance.
`(7) Making grants to States to protect and improve water
quality of waters in the Gulf of Mexico impaired by hypoxia.
`(b) Limitations.--
`(1) Maximum amount of grant.--The maximum amount of a
grant for a project or activity under subsection (a)(7) may not
exceed 65 percent of the cost of the project or activity, as
determined by the Administrator.
`(2) Administrative expenses.--Not more than 4 percent of
the amount of any grant made subsection (a)(7) may be used to
pay administrative expenses in connection with the project or
activity for which the grant is made.'.
``TITLE II--CONSTRUCTION OF TREATMENT WORKS
``SEC. 201. SEWAGE COLLECTION SYSTEMS.
``Section 211 (33 U.S.C. 1291) is amended--
``(1) by striking the section designation and all that
follows through `(a) No' and inserting the following:
`SEC. 211. SEWAGE COLLECTION SYSTEMS.
`(a) In General.--No';
``(2) in subsection (b) by inserting `population density.--
' after `(b)'; and
``(3) by striking subsection (c) and inserting the
following:
`(c) Exceptions.--
`(1) Replacement and major rehabilitation.--Notwithstanding
the requirement of subsection (a)(1) concerning the existence
of a collection system as a condition of eligibility, a project
for replacement or major rehabilitation of a collection system
existing on January 1, 2006, shall be eligible for a grant
under this title if the project otherwise meets the
requirements of subsection (a)(1) and meets the requirement of
paragraph (3).
`(2) New systems.--Notwithstanding the requirement of
subsection (a)(2) concerning the existence of a community as a
condition of eligibility, a project for a new collection system
to serve a community existing on January 1, 2006, shall be
eligible for a grant under this title if the project otherwise
meets the requirements of subsection (a)(2) and meets the
requirement of paragraph (3).
`(3) Requirement.--A project meets the requirement of this
paragraph if the purpose of the project is to accomplish the
objectives, goals, and policies of this Act by addressing an
adverse environmental condition existing on the date of
enactment of this paragraph.'.
``SEC. 202. TREATMENT WORKS DEFINED.
``Section 212(2)(A) (33 U.S.C. 1292(2)(A)) is amended--
``(1) by striking `any works, including site';
``(2) by striking `is used for ultimate' and inserting
`will be used for ultimate'; and
``(3) by inserting before the period at the end the
following: `and acquisition of other lands, and interests in
lands, which are necessary for construction'.
``SEC. 203. POLICY ON COST EFFECTIVENESS.
``Section 218(a) (33 U.S.C. 1298(a)) is amended by striking
`combination of devices and systems' and all that follows through `from
such treatment;' and inserting `treatment works;'.
``SEC. 204. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.
``Section 220(j) (33 U.S.C. 1300(j)) is amended in the first
sentence by striking `a total of $75,000,000 for fiscal years 2002
through 2004' and inserting `from the Clean Water Trust Fund
established by section 701 $125,000,000'.
``SEC. 205. SEWER OVERFLOW CONTROL GRANTS.
``(a) Administrative Requirements.--Section 221(e) (33 U.S.C.
1301(e)) is amended to read as follows:
`(e) Administrative Requirements.--A project that receives
assistance under this section shall be carried out subject to the same
requirements as a project that receives assistance from a State water
pollution control revolving fund under title VI, except to the extent
that the Governor of the State in which the project is located
determines that a requirement of title VI is inconsistent with the
purposes of this section.'.
``(b) Authorization of Appropriations.--The first sentence of
section 221(f) (33 U.S.C. 1301(f)) is amended by striking
`$750,000,000' and all that follows before the period and inserting
`from the Clean Water Trust Fund established by section 701
$250,000,000 for each of fiscal years 2006 through 2010'.
``(c) Allocation of Funds.--Section 221(g) (33 U.S.C. 1301(g)) is
amended to read as follows:
`(g) Allocation of Funds.--
`(1) Fiscal year 2006.--Subject to subsection (h), the
Administrator shall use the amounts appropriated to carry out
this section for fiscal year 2006 for making grants to
municipalities and municipal entities under subsection (a)(2)
in accordance with the criteria set forth in subsection (b).
`(2) Fiscal year 2007 and thereafter.--Subject to
subsection (h), the Administrator shall use the amounts
appropriated to carry out this section for fiscal year 2007 and
each fiscal year thereafter for making grants to States under
subsection (a)(1) in accordance with a formula to be
established by the Administrator, after providing notice and an
opportunity for public comment, that allocates to each State a
proportional share of such amounts based on the total needs of
the State for municipal combined sewer overflow controls and
sanitary sewer overflow controls identified in the most recent
survey conducted pursuant to section 516.'.
``(d) Reports.--The first sentence of section 221(i) (33 U.S.C.
1301(i)) is amended by striking `2003' and inserting `2008'.
``TITLE III--STATE WATER POLLUTION CONTROL REVOLVING FUNDS
``SEC. 301. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS.
``Section 601(a) (33 U.S.C. 1381(a)) is amended by striking `for
providing assistance' and all that follows through the period at the
end and inserting the following: `to accomplish the objectives, goals,
and policies of this Act by providing assistance for projects and
activities identified in section 603(c).'.
``SEC. 302. CAPITALIZATION GRANT AGREEMENTS.
``(a) Reporting Infrastructure Assets.--Section 602(b)(9) (33
U.S.C. 1382(b)(9)) is amended by striking `standards' and inserting
`standards, including standards relating to the reporting of
infrastructure assets'.
``(b) Additional Requirements.--Section 602(b) (33 U.S.C. 1382(b))
is amended--
``(1) by striking `and' at the end of paragraph (9);
``(2) by striking the period at the end of paragraph (10)
and inserting a semicolon; and
``(3) by adding at the end the following:
`(11) the State will establish, maintain, invest, and
credit the fund with any repayments, such that the fund balance
will be available in perpetuity for providing financial
assistance in accordance with this title;
`(12) any fees charged by the State to recipients of
assistance will be used for the purpose of financing the cost
of administering the fund or financing activities eligible for
assistance from the fund;
`(13) beginning in fiscal year 2008, the State will include
as a condition of providing assistance to a municipality or
intermunicipal, interstate, or State agency that the recipient
of such assistance certify, in a manner determined by the
Governor of the State, that the recipient--
`(A) has studied and evaluated the cost and
effectiveness of innovative and alternative processes,
materials, and techniques for carrying out the proposed
project or activity for which assistance is sought
under this title, and has selected, to the extent
practicable, a project or activity that more
efficiently uses energy and natural and financial
resources or provides greater environmental benefits;
and
`(B) has considered the cost and effectiveness of
alternative management and financing approaches
(including, as appropriate, rate structures, issuance
of bonds, restructuring, regional alternatives,
consolidation, and public-private partnerships) for
carrying out a project or activity for which assistance
is sought under this title, taking into account the
cost of operating and maintaining the project or
activity over its life, as well as the cost of
constructing the project or activity;
`(14) the State will use at least 15 percent of the amount
of each capitalization grant received by the State under this
title after September 30, 2007, to provide assistance to
municipalities of fewer than 20,000 individuals that meet the
affordability criteria established by the State under section
603(i)(2) for activities included on the State's priority list
established under section 603(g), to the extent that there are
sufficient applications for such assistance;
`(15) treatment works eligible under section 603(c)(1) that
will be constructed in whole or in part with funds directly
made available by capitalization grants under this title and
section 205(m) will meet the requirements of, or otherwise be
treated (as determined by the Governor of the State) under
sections 204(b)(1), 211, 218, and 511(c)(1) in the same manner
as treatment works constructed with assistance under title II
of this Act; and
`(16) contracts and subcontracts to be carried out using
funds under this title for program management, construction
management, planning studies, feasibility studies,
architectural services, preliminary engineering, design,
engineering, surveying, mapping, and related services shall be
awarded in the same manner as contracts for architectural and
engineering services are awarded under chapter 11 of title 40,
United States Code, or an equivalent qualifications-based
method of selection (as determined by the Governor of the
State).'.
``SEC. 303. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
``(a) Projects and Activities Eligible for Assistance.--Section
603(c) (33 U.S.C. 1383(c)) is amended to read as follows:
`(c) Projects and Activities Eligible for Assistance.--The amounts
of funds available to each State water pollution control revolving fund
shall be used only for providing financial assistance--
`(1) to any municipality or intermunicipal, interstate, or
State agency for construction of publicly owned treatment
works;
`(2) for the implementation of a management program
established under section 319;
`(3) for development and implementation of a conservation
and management plan under section 320;
`(4) for the implementation of lake protection programs and
projects under section 314;
`(5) for repair or replacement of decentralized wastewater
treatment systems that treat domestic sewage;
`(6) for measures to manage or reduce municipal stormwater
runoff;
`(7) to any public entity for a water conservation project
or activity the primary purpose of which is the protection,
preservation, or enhancement of water quality, including--
`(A) piping or lining an irrigation canal;
`(B) recovery or recycling of wastewater or runoff
from irrigation;
`(C) irrigation scheduling;
`(D) measurement or metering of water use;
`(E) installation of water conservation measures by
public utilities;
`(F) improving on-field irrigation efficiency; or
`(G) measures to enable customers to make more
efficient use of treated water.
`(8) for measures to increase the security of publicly
owned treatment works; and
`(9) for the development and implementation of watershed
projects meeting the criteria set forth in section 122.'.
``(b) Extended Repayment Period.--Section 603(d)(1) (33 U.S.C.
1383(d)(1)) is amended--
``(1) in subparagraph (A) by striking `20 years' and
inserting `the lesser of 30 years or the design life of the
project to be financed with the proceeds of the loan'; and
``(2) in subparagraph (B) by striking `not later than 20
years after project completion' and inserting `upon the
expiration of the term of the loan'.
``(c) Fiscal Sustainability Plan.--Section 603(d)(1) (33 U.S.C.
1383(d)(1)) is further amended--
``(1) by striking `and' at the end of subparagraph (C);
``(2) by inserting `and' at the end of subparagraph (D);
and
``(3) by adding at the end the following:
`(E) for any portion of a treatment works proposed
for repair, replacement, or expansion, and eligible for
assistance under section 603(c)(1), the recipient of
assistance will develop and implement a fiscal
sustainability plan that includes--
`(i) an inventory of critical assets that
are a part of that portion of the treatment
works;
`(ii) an evaluation of the condition and
performance of inventoried assets or asset
groupings; and
`(iii) a plan for maintaining, repairing,
and, as necessary, replacing that portion of
the treatment works and a plan for funding such
activities.'.
``(d) Expenses of Administering the State Fund.--Section 603(d)(7)
(33 U.S.C. 1383(d)(7)) is amended by inserting before the period at the
end the following: `, $400,000 per year, or \1/5\ percent per year of
the current valuation of the fund, whichever amount is greatest, plus
the amount of any fees collected by the State for such purpose
regardless of the source'.
``(e) Types of Assistance.--Section 603(d) (33 U.S.C. 1383(d)) is
amended--
``(1) by striking `and' at the end of paragraph (6);
``(2) by striking the period at the end of paragraph (7)
and inserting a semicolon; and
``(3) by adding at the end the following:
`(8) to provide owners and operators of treatment works
that serve a population of 20,000 or fewer with technical and
planning assistance and assistance in financial management,
user fee analysis, budgeting, capital improvement planning,
facility operation and maintenance, repair schedules, and other
activities to improve wastewater treatment plant management and
operations; except that such amounts shall not exceed 2 percent
of grant awards to such fund under this title; and
`(9) to make grants to States for high priority partnership
projects under section 608 on the condition that the
requirements of paragraph (1)(E) are met in the case of any
grant by a State for the repair, replacement, or expansion of a
treatment works.'.
``(f) Affordability Criteria.--Section 603 (33 U.S.C. 1383) is
amended by adding at the end the following:
`(i) Affordability Criteria.--
`(1) Establishment.--On or before September 30, 2007, and
after providing notice and an opportunity for public comment, a
State shall establish affordability criteria to assist in
identifying municipalities that would experience a significant
hardship raising the revenue necessary to finance a project or
activity eligible for assistance under section 603(c)(1) if
additional subsidization is not provided. Such criteria shall
be based on income data, population trends, and other data
determined relevant by the State.
`(2) Existing criteria.--If a State has previously
established, after providing notice and an opportunity for
public comment, affordability criteria that meet the
requirements of paragraph (1), the State may use the criteria
for the purposes of this subsection. For purposes of this Act,
any such criteria shall be treated as affordability criteria
established under this paragraph.
`(3) Information to assist states.--The Administrator may
publish information to assist States in establishing
affordability criteria under paragraph (1).
`(4) Priority.--A State may give priority to a recipient
for a project or activity eligible for funding under section
603(c)(1) if the recipient meets the State's affordability
criteria.'.
``SEC. 304. ALLOTMENT OF FUNDS.
``(a) In General.--Section 604(a) (33 U.S.C. 1384(a)) is amended to
read as follows:
`(a) Allotments.--
`(1) Fiscal years 2006 and 2007.--Sums appropriated to
carry out this title for each of fiscal years 2006 and 2007
shall be allotted by the Administrator in accordance with the
formula used to allot sums appropriated to carry out this title
for fiscal year 2005.
`(2) Fiscal year 2008 and thereafter.--Sums appropriated to
carry out this title for fiscal year 2008 and each fiscal year
thereafter shall be allotted by the Administrator as follows:
`(A) Amounts that do not exceed $1,350,000,000
shall be allotted in accordance with the formula
described in paragraph (1).
`(B) Amounts that exceed $1,350,000,000 shall be
allotted in accordance with the formula developed by
the Administrator under subsection (d).'.
``(b) Planning Assistance.--Section 604(b) (33 U.S.C. 1384(b)) is
amended by striking `1 percent' and inserting `2 percent'.
``(c) Formula.--Section 604 (33 U.S.C. 1384) is amended by adding
at the end the following:
`(d) Formula Based on Water Quality Needs.--Not later than
September 30, 2007, and after providing notice and an opportunity for
public comment, the Administrator shall publish an allotment formula
based on water quality needs in accordance with the most recent survey
of needs developed by the Administrator under section 516(b).'.
``SEC. 305. INTENDED USE PLAN.
``(a) Integrated Priority List.--Section 603(g) (33 U.S.C. 1383(g))
is amended to read as follows:
`(g) Priority List.--
`(1) In general.--For fiscal year 2008 and each fiscal year
thereafter, a State shall establish or update a list of
projects and activities for which assistance is sought from the
State's water pollution control revolving fund. Such projects
and activities shall be listed in priority order based on the
methodology established under paragraph (2). The State may
provide financial assistance from the State's water pollution
control revolving fund only with respect to a project or
activity included on such list. In the case of projects and
activities eligible for assistance under section 603(c)(2), the
State may include a category or subcategory of nonpoint sources
of pollution on such list in lieu of a specific project or
activity.
`(2) Methodology.--
`(A) In general.--Not later than 1 year after the
date of enactment of this paragraph, and after
providing notice and opportunity for public comment,
each State (acting through the State's water quality
management agency and other appropriate agencies of the
State) shall establish a methodology for developing a
priority list under paragraph (1).
`(B) Priority for projects and activities that
achieve greatest water quality improvement.--In
developing the methodology, the State shall seek to
achieve the greatest degree of water quality
improvement, taking into consideration the requirement
of section 602(b)(5), section 603(i), and whether such
water quality improvements would be realized without
assistance under this title.
`(C) Considerations in selecting projects and
activities.--In determining which projects and
activities will achieve the greatest degree of water
quality improvement, the State shall consider--
`(i) information developed by the State
under sections 303(d) and 305(b);
`(ii) the State's continuing planning
process developed under section 303(e);
`(iii) the State's management program
developed under section 319; and
`(iv) conservation and management plans
developed under section 320.
`(D) Nonpoint sources.--For categories or
subcategories of nonpoint sources of pollution that a
State may include on its priority list under paragraph
(1), the State may consider the cumulative water
quality improvements associated with projects or
activities in such categories or subcategories.
`(E) Existing methodologies.--If a State has
previously developed, after providing notice and an
opportunity for public comment, a methodology that
meets the requirements of this paragraph, the State may
use the methodology for the purposes of this
subsection.'.
``(b) Intended Use Plan.--Section 606(c) (33 U.S.C. 1386(c)) is
amended--
``(1) in the matter preceding paragraph (1) by striking
`each State shall annually prepare' and inserting `each State
(acting through the State's water quality management agency and
other appropriate agencies of the State) shall annually prepare
and publish';
``(2) by striking paragraph (1) and inserting the
following:
`(1) the State's priority list developed under section
603(g);';
``(3) by striking `and' at the end of paragraph (4);
``(4) by striking the period at the end of paragraph (5)
and inserting `; and'; and
``(5) by adding at the end the following:
`(6) if the State does not fund projects and activities in
the order of the priority established under section 603(g), an
explanation of why such a change in order is appropriate.'.
``(c) Transitional Provision.--Before completion of a priority list
based on a methodology established under section 603(g) of the Federal
Water Pollution Control Act (as amended by this section), a State shall
continue to comply with the requirements of sections 603(g) and 606(c)
of such Act, as in effect on the day before the date of enactment of
this Act.
``SEC. 306. FEDERAL OVERSIGHT.
``(a) Annual Report.--Section 606(d) (33 U.S.C. 1386(d)) is
amended--
``(1) by inserting `or grant' after `loan' each place it
appears; and
``(2) by inserting `the eligible purpose under section
603(c) for which the assistance is provided,' after `loan
amounts,'.
``(b) Annual Federal Oversight Review.--Section 606(e) (33 U.S.C.
1386(e)) is amended--
``(1) by inserting `or the recipient of a grant under
section 608' after `revolving fund'; and
``(2) by inserting `or grant' after `loan'; and
``(3) by adding at the end the following: `In carrying out
an oversight review under this subsection, the Administrator
may allow a State to certify, with supporting documentation,
its compliance with the requirements of this title.'.
``SEC. 307. TECHNICAL ASSISTANCE.
``Title VI (33 U.S.C. 1381 et seq.) is amended--
``(1) by redesignating section 607 as section 609; and
``(2) by inserting after section 606 the following:
`SEC. 607. TECHNICAL ASSISTANCE.
`(a) Simplified Procedures.--Not later than 1 year after the date
of enactment of this section, the Administrator shall assist the States
in establishing simplified procedures for treatment works to obtain
assistance under this title.
`(b) Publication of Manual.--Not later than 2 years after the date
of the enactment of this section, and after providing notice and
opportunity for public comment, the Administrator shall publish a
manual to assist treatment works in obtaining assistance under this
title and publish in the Federal Register notice of the availability of
the manual.
`(c) Assistance for Improving the Management of Water Quality
Infrastructure and Increasing Cost-Effectiveness of Infrastructure
Improvements.--At the request of any State, the Administrator shall
assist in the development of criteria for a State to determine
compliance with the conditions of funding assistance established under
section 602(b)(13).'.
``SEC. 308. HIGH PRIORITY PARTNERSHIP GRANTS.
``Title VI of the Federal Water Pollution Control Act (33 U.S.C.
1381 et seq.) is further amended by inserting after section 607 (as
inserted by section 307 of this Act) the following:
`SEC. 608. HIGH PRIORITY PARTNERSHIP GRANTS.
`(a) Establishment of Program.--The Administrator is authorized to
make grants to States for the purpose of providing grants to entities
eligible for assistance under section 603(c) for projects and
activities that are eligible under section 603(c) based on the
selection criteria in subsection (b).
`(b) Criteria.--In selecting from among applications for grants
under this section, a State shall give priority, to the maximum extent
practicable, to projects and activities that--
`(1) address the most serious water pollution problems;
`(2) are necessary to ensure compliance with the
requirements of this Act; or
`(3) benefit communities with the greatest need (determined
on the basis of affordability criteria established by the State
under section 603(i)).
`(c) Federal Share.--The amount of Federal funds granted by a State
for a project or activity under this section may not exceed 65 percent
of the cost of the project or activity.'.
``SEC. 309. AUTHORIZATION OF APPROPRIATIONS FROM THE CLEAN WATER TRUST
FUND.
``Title VI (33 U.S.C. 1381 et seq.) is further amended by adding at
the end the following:
`SEC. 610. AUTHORIZATION OF APPROPRIATIONS FROM CLEAN WATER TRUST FUND.
`There is authorized to be appropriated from the Clean Water Trust
Fund established by section 701 $6,000,000,000 for grants to States
under section 601(a) for each of fiscal years 2006 through 2010, of
which the first $1,500,000,000 shall be available only for the purpose
of providing assistance under paragraphs (1) through (8) of section
603(d). The remainder of the amount made available under this section
for a fiscal year shall be available for grants for high priority
partnerships under section 608 for such fiscal year.'.
``TITLE IV--CLEAN WATER TRUST FUND
``SEC. 401. ESTABLISHMENT OF CLEAN WATER TRUST FUND.
``The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)
is amended by adding at the end the following:
`TITLE VII--CLEAN WATER TRUST FUND
`SEC. 701. CLEAN WATER TRUST FUND.
`(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the ``Clean Water Trust
Fund''.
`(b) Transfers to the Trust Fund.--There are hereby appropriated to
the Clean Water Trust Fund amounts equivalent to fees collected and
deposited in the Fund under section 702.
`(c) Expenditures From the Trust Fund.--Amounts in the Trust Fund
are available, as provided by appropriations acts, for--
`(1) water pollution reduction and control activities under
section 104(b)(3);
`(2) the technical assistance for small rural communities
program under section 104(b)(8);
`(3) the National Center for Utility Management program
under section 104(x);
`(4) grants for State management assistance under section
106(a);
`(5) carrying out section 122, relating to watershed pilot
projects;
`(6) critical regional waters under section 123;
`(7) carrying out section 220 relating to alternative water
source projects;
`(8) carrying out section 221, relating to sewer overflow
control grants;
`(9) grants to States under section 601;
`(10) grants for fisheries habitat protection, restoration,
and enhancement under section 501 of the Clean Water Trust Act
of 2005; and
`(11) grants for wetlands restoration under section 502 of
the Clean Water Trust Act of 2005.
`(d) Budgetary Treatment of the Fund.--Notwithstanding any other
provision of law, the receipts and disbursements of the Clean Water
Trust Fund--
`(1) shall not be counted as new budget authority, outlays,
receipts, or deficit or surplus for purposes of--
`(A) the budget of the United States submitted by
the President; or
`(B) the congressional budget (including
allocations of budget authority and outlays provided
therein); and
`(2) shall be exempt from any general budget limitation
imposed by statute on expenditures and net lending (budget
outlays) of the United States Government.
`SEC. 702. REVENUE.
`[The Administrator shall submit to Congress for consideration,
within 180 days of enactment of this section, an equitable system of
user fees to fund this title.]'.
``TITLE V--FISHERIES
``SEC. 501. FISHERIES HABITAT PROTECTION, RESTORATION, AND ENHANCEMENT
GRANTS.
``(a) Grants.--The Administrator of the Environmental Protection
Agency is authorized to make grants to any State (as defined in section
502 of the Federal Water Pollution Control Act (33 U.S.C. 1362),
municipality, intermunicipal or interstate agency, nonprofit
organization, or institution of higher education for the purpose of
assisting in the protection, preservation, and restoration of fresh
water, estuarine, and marine fisheries habitat and uses and for the
enhancement of access within a watershed for fisheries uses.
``(b) Watershed Plans.--Activities to be funded shall be based on a
comprehensive assessment and plan for the watershed. All funded
activities must directly support the described plan, and grant funds
must be used in accordance with the plan.
``(c) Limitations.--
``(1) Maximum amount.--The maximum amount of a grant under
this section for any activity may not exceed 65 percent of the
cost of the activity, as determined by the Administrator.
``(2) Administrative expenses.--Not more than 4 percent of
the amount of any grant made under this section may be used to
pay administrative expenses in connection with the activity for
which the grant is made.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator from the Clean Water Trust Fund
$250,000,000 for each of fiscal years 2006 through 2010 to carry out
this section.
``SEC. 502. STATE WETLANDS RESTORATION GRANTS.
``(a) Grants to States.--The Administrator of the Environmental
Protection Agency is authorized to make grants of up to $2,000,000 to
each State (as defined in section 502 of the Federal Water Pollution
Control Act (33 U.S.C. 1362)) for fiscal years 2006 through 2010 to
carry out this section.
``(b) Wetland Restoration Project Defined.--For the purposes of
this section, a `wetland restoration project' means an activity to
improve wetland functions, including the filtration of surface and
ground water, the mitigation of flooding, and the enhancement of
wildlife habitat.
``(c) Project Grants.--
``(1) Distribution of funds.--A State receiving a grant
under this section shall distribute funds received under the
grant for wetland restoration projects to appropriate State,
municipal, intermunicipal, and interstate agencies, nonprofit
organizations, and institutions of higher education that have
expertise in wetlands restoration.
``(2) Maximum amount.--The maximum amount of grants under
this section for any project may not exceed $500,000 in a
fiscal year and 65 percent of the cost of the project, as
determined by the Administrator.
``(d) Project Administration.--A State receiving a grant under this
section may use up to 4 percent of the funds received under the grant
for administrative expenses in carrying out this section.
``(e) Reporting.--Each State receiving a grant under this section
shall provide annually to the Administrator a summary of the wetland
restoration projects funded under this section.
``(f) Authorization.--There is authorized to be appropriated to the
Administrator from the Clean Water Trust Fund $112,000,000 for each of
fiscal years 2006 through 2010 to carry out this section.
``TITLE VI--GENERAL PROVISIONS
``SEC. 601. DEFINITION OF TREATMENT WORKS.
``Section 502 (33 U.S.C. 1362) is amended by adding at the end the
following:
`(25) The term ``treatment works'' has the meaning given
that term in section 212.'.
``SEC. 602. FUNDING FOR INDIAN PROGRAMS.
``(a) Reservation of Funds.--Section 518(c) (33 U.S.C. 1377(c)) is
amended--
``(1) by striking `The Administrator' and inserting the
following:
`(1) Fiscal years 1987-2006.--The Administrator';
``(2) in paragraph (1) (as so designated)--
``(A) by inserting `and ending before October 1,
2006,' after `1986,'; and
``(B) by striking the second sentence; and
``(3) by adding at the end the following:
`(2) Fiscal year 2007 and thereafter.--For fiscal year 2007
and each fiscal year thereafter, the Administrator shall
reserve, before allotments to the States under section 604(a),
not less than 0.5 percent and not more than 1.5 percent of the
funds made available to carry out title VI.
`(3) Use of funds.--Funds reserved under this subsection
shall be available only for grants for projects and activities
eligible for assistance under section 603(c) to serve--
`(A) Indian tribes;
`(B) former Indian reservations in Oklahoma (as
determined by the Secretary of the Interior); and
`(C) Native villages (as defined in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C.
1602)).'.
``(b) Eligibility of Indian Tribes.--Section 518(e) of such Act (33
U.S.C. 1377(e)) is amended by striking `and 406' and inserting `406,
and 608'.
``SEC. 603. PRIVATE PROPERTY NOT AFFECTED.
``Nothing in this Act affects the rights of private property owners
or may be construed to provide any Federal, State, or local entity with
authority to restrict the use of, encumber, or take private property.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Resources, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Resources, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Resources, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Resources, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Water Resources and Environment.
Sponsor introductory remarks on measure. (CR E2574)
Referred to the Subcommittee on Fisheries and Oceans.
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