Text: H.R.5965 — 101st Congress (1989-1990)All Information (Except Text)

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HR 5965 IH
101st CONGRESS
2d Session
 H. R. 5965
To provide for the protection of marine coastal waters, and the Great Lakes,
to extend the authorizations for the Federal Water Pollution Control Act,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
October 27, 1990
Mr. ANDERSON (for himself, Mr. JONES of North Carolina, Mr. NOWAK, and
Mr. STUDDS) introduced the following bill; which was referred jointly to the
Committees on Public Works and Transportation and Merchant Marine and Fisheries
A BILL
To provide for the protection of marine coastal waters, and the Great Lakes,
to extend the authorizations for the Federal Water Pollution Control Act,
and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
TITLE I--GENERAL PROVISIONS
SEC. 101. SHORT TITLE; TABLE OF CONTENTS.
  (a) SHORT TITLE- This Act may be cited as the `Coastal Defense Initiative
  of 1990'.
  (b) TABLE OF CONTENTS-
TITLE I--GENERAL PROVISIONS
Sec. 101. Short title.
Sec. 102. Findings and purpose.
Sec. 103. Definitions.
TITLE II--COASTAL WATER QUALITY
Sec. 201. Purpose.
Sec. 202. Coastal water quality criteria and standards.
Sec. 203. Restoring and protecting coastal water quality.
Sec. 204. Outstanding coastal resource waters.
Sec. 205. Coastal discharge criteria.
Sec. 206. Marine sanitation devices.
Sec. 207. Nonpoint source coastal pollution control measures.
Sec. 208. National estuary program.
Sec. 209. Chesapeake Bay program.
Sec. 210. Existing provision not affected.
Sec. 211. Alternatives to mud dump site for disposal of dredged material.
Sec. 212. Coastal combined sewer overflows.
Sec. 213. Demonstration projects to control nonpoint sources of pollution
entering coastal waters.
Sec. 214. Prohibition against burning of wood on ocean waters, New York
Harbor Drift Removal Project.
TITLE III--COASTAL MANAGEMENT
Sec. 301. Purposes.
Sec. 302. Coastal Zone Management Act of 1972 Amendments.
Sec. 303. Inland boundaries of coastal zones.
Sec. 304. Coordination with national estuary program.
TITLE IV--COASTAL WATER QUALITY MONITORING PROGRAM
Sec. 401. Purpose.
Sec. 402. National coastal water quality monitoring task force.
Sec. 403. National coastal water quality monitoring strategy.
Sec. 404. Monitoring guidelines.
Sec. 405. Coastal water quality monitoring programs.
Sec. 406. Compliance and enforcement.
Sec. 407. Inventories.
TITLE V--COMPLIANCE AND ENFORCEMENT
Sec. 501. Purpose.
Sec. 502. Federal procurement.
Sec. 503. Limitations on Federal development projects and financial assistance.
Sec. 504. Federal facility compliance.
Sec. 505. Elimination of economic incentives.
Sec. 506. Posting of coastal waters.
Sec. 507. Enforcement.
Sec. 508. Ocean dumping enforcement.
TITLE VI--FUNDING
Sec. 601. Purposes.
Sec. 602. Coastal defense fund.
Sec. 603. State grants.
Sec. 604. Fines, penalties, and other payments.
Sec. 605. Outer Continental Shelf revenues.
TITLE VII--GREAT LAKES WATER QUALITY IMPROVEMENT
Sec. 701. Short title.
Sec. 702. Amendments to Federal Water Pollution Control Act.
Sec. 703. Naming of laboratory and research facility located at Duluth,
Minnesota.
TITLE VIII--EXTENSION OF FEDERAL WATER POLLUTION CONTROL PROGRAM
Sec. 801. Research and investigations.
Sec. 802. Grants for program administration.
Sec. 803. Rural clean water.
Sec. 804. Interagency agreements.
Sec. 805. Clean lakes.
Sec. 806. Nonpoint source.
Sec. 807. General authorization.
Sec. 808. Allotment of State revolving loan funds.
Sec. 809. Authorization of appropriations for State revolving loan program.
Sec. 810. Demonstration project.
SEC. 102. FINDINGS AND PURPOSE.
  (a) FINDINGS- Congress finds the following:
  (1) Coastal waters are facing increasing threats to their long-term
  health and integrity through the concentration of growth and development
  in coastal regions.
  (2) Special efforts must be made by all levels of government to achieve,
  maintain, and protect coastal water quality through strengthened standards
  and enforcement, improved monitoring and local planning, and increased
  and predictable funding for these efforts.
  (b) PURPOSE- The purpose of this Act is to forge a common commitment among
  Federal, State, and local programs to protect and preserve coastal and
  Great Lakes waters quality for present and future generations.
SEC. 103. DEFINITIONS.
  In this Act--
  (1) ADMINISTRATOR- The term `Administrator' means the Administrator of
  the Environmental Protection Agency.
  (2) APPROVED COASTAL ZONE MANAGEMENT PROGRAM- The term `approved coastal
  zone management program' means a State coastal zone management program
  approved by the Under Secretary pursuant to section 306 of the Coastal
  Zone Management Act of 1972 (16 U.S.C. 1455).
  (3) CLEAN WATER ACT- The term `Clean Water Act' means the Federal Water
  Pollution Control Act (33 U.S.C. 1251 et seq.).
  (4) COASTAL REGION- The term `coastal region' means--
  (A) the Gulf of Maine region, comprised of the coastal waters off of Maine,
  New Hampshire, and Massachusetts (north of Cape Cod);
  (B) the greater New York bight region, comprised of the coastal waters
  off of Massachusetts, Rhode Island, Connecticut, New York, and New Jersey,
  from south of Cape Cod to Cape May;
  (C) the mid-Atlantic region, comprised of the coastal waters off of New
  Jersey south of Cape May, Delaware, Maryland, Virginia, and North Carolina;
  (D) the South Atlantic and Caribbean region, comprised of--
  (i) the coastal waters off of South Carolina, Georgia, and Florida (Atlantic
  coast); and
  (ii) the coastal waters of Puerto Rico and the Virgin Islands;
  (E) the Gulf of Mexico region, comprised of the coastal waters of the Gulf
  of Mexico off of Florida, Alabama, Mississippi, Louisiana, and Texas;
  (F) the Great Lakes region, comprised of the Great Lakes waters of New York,
  Pennsylvania, Ohio, Indiana, Illinois, Michigan, Wisconsin, and Minnesota;
  (G) the Southern Pacific region, comprised of the coastal waters off of
  California south of Point Reyes;
  (H) the Western Pacific region, comprised of the coastal waters off of
  Hawaii, Guam, American Samoa, and the Northern Marianas Islands; and
  (I) the Northern Pacific region, comprised of--
  (i) the coastal waters off of California, Oregon, and Washington, from
  Point Reyes to the Canadian border; and
  (ii) the coastal waters of Alaska.
  (5) COASTAL WATER QUALITY MONITORING- The term `coastal water quality
  monitoring' means a continuing program of measurement, analysis, and
  synthesis to identify and quantify coastal water quality conditions and
  trends for the purpose of establishing a technical basis for decisionmaking.
  (6) COASTAL WATERS- The term `coastal waters' means--
  (A) the waters of the Great Lakes under the jurisdiction of the United
  States, including their connecting waters, harbors, bays, wetlands,
  and marshes;
  (B) those portions of rivers, streams, and other bodies of water of the
  United States having unimpaired connection with the open sea and which
  contain a measurable quantity or percentage of sea water, including salt
  wetlands, coastal and intertidal areas, bays, harbors, and lagoons; and
  (C) waters of the territorial sea of the United States.
  (7) COASTAL ZONE- The term `coastal zone' has the meaning that term
  has in section 304(1) of the Coastal Zone Management Act of 1972 (16
  U.S.C. 1453(1)).
  (8) DISCHARGE OF POLLUTANTS- The terms `discharge of pollutants' and
  `discharges of a pollutant' have the meanings those terms have in section
  502(12) of the Clean Water Act (33 U.S.C. 1362(12)).
  (9) SIGNIFICANT NONCOMPLIANCE- The term `significant noncompliance' means
  severe or chronic violations of--
  (A) effluent limitations or discharge requirements established under the
  Clean Water Act;
  (B) requirements established in a management program approved under section
  319 of the Clean Water Act (33 U.S.C. 1329) applicable to coastal waters; or
  (C) requirements established in a comprehensive conservation and management
  plan approved under section 320 of the Clean Water Act (33 U.S.C. 1330);
which result in formal enforcement action being taken by the Administrator
or a State.
  (10) STATE PERMITTING AUTHORITY- The term `State permitting authority' means
  any duly authorized State official administering a State permit program
  for discharges into navigable waters, approved by the Administrator under
  section 402 of the Clean Water Act (33 U.S.C. 1342).
  (11) UNDER SECRETARY- The term `Under Secretary' means the Under Secretary
  of Commerce for Oceans and Atmosphere.
TITLE II--COASTAL WATER QUALITY
SEC. 201. PURPOSE.
  The purpose of this title is to strengthen the ability of Federal and
  State water quality programs to protect and restore the coastal waters of
  the United States.
SEC. 202. COASTAL WATER QUALITY CRITERIA AND STANDARDS.
  (a) CRITERIA AND INFORMATION- Section 304(a) of the Clean Water Act (33
  U.S.C. 1314(a)) is amended--
  (1) in paragraph (1) by inserting `, including coastal water quality,'
  after `water quality'; and
  (2) by adding at the end the following:
  `(9) REVISIONS OF CRITERIA-
  `(A) SCHEDULE FOR POLLUTANT CRITERIA- Within 6 months after the effective
  date of this paragraph, the Administrator shall submit to Congress a detailed
  5-year schedule for developing and revising criteria for pollutants which
  the Administrator determines pose the greatest risk to coastal waters. In
  developing the schedule, the Administrator shall consult with the Under
  Secretary of Commerce for Oceans and Atmosphere and the Governors of affected
  coastal States. The schedule shall provide, among other matters, for the
  issuance and publication within 2 years of new or revised criteria for
  such pollutants which the Administrator determines are of particular concern.
  `(B) BIOLOGICAL AND SEDIMENT CRITERIA- Within 2 years after the effective
  date of this paragraph and from time to time thereafter, the Administrator
  after consulting with appropriate Federal and State agencies and other
  interested persons, shall develop and publish biological criteria and
  sediment criteria for assessing coastal water quality that will complement
  the pollutant-specific criteria published under this section.
  `(C) TECHNICAL ASSISTANCE FROM CORPS OF ENGINEERS- The Secretary of the
  Army is authorized to provide technical and scientific assistance to the
  Administrator with regard to the development of sediment criteria under
  subparagraph (B).'.
  (b) STANDARDS- Section 303(c)(2) of the Clean Water Act (33
  U.S.C. 1313(c)(2)) is amended by adding at the end the following:
  `(C) STATE ADOPTION OF COASTAL WATER QUALITY STANDARDS-  Whenever a
  coastal State reviews water quality standards pursuant to paragraph (1),
  the State shall adopt coastal water quality standards for those pollutants
  for which criteria and information have been published under section
  304(a)(9). Standards adopted by a State under this subparagraph shall be
  designed to protect the designated uses adopted by the State and achieve
  the goals of this Act.
  `(D) FAILURE OF STATES TO ADOPT- If a coastal State is not complying with
  subparagraph (C), the Administrator shall promulgate coastal water quality
  standards for the State under applicable provisions of this section. The
  State shall use the standards issued by the Administrator in implementing
  all programs for which coastal water quality standards are used.'.
  (c) ADDITIONAL AMENDMENTS- Section 304(a)(8) of the Clean Water Act (33
  U.S.C. 1314(a)(8)) is amended--
  (1) by inserting `and from time to time thereafter' after `the Water
  Quality Act of 1987'; and
  (2) by inserting `and other pollutants that may pose risks to coastal
  water quality,' after `toxic pollutants'.
SEC. 203. RESTORING AND PROTECTING COASTAL WATER QUALITY.
  (a) COASTAL WATER QUALITY- Section 304 of the Clean Water Act (33
  U.S.C. 1314) is amended by adding at the end the following:
  `(n) COMPREHENSIVE COASTAL WATER QUALITY PROTECTION PROGRAMS-
  `(1) IN GENERAL- Within 30 months after the effective date of this section,
  each coastal State shall develop a coastal water quality protection
  program for restoring and protecting coastal water quality and achieving
  and maintaining designated uses. The program shall build on the information
  contained in the report of the State under section 305(b), and shall build
  upon and incorporate the requirements applicable to coastal waters under
  subsection (l) of this section, sections 303(d), 319, and 320 of this Act,
  and section 306B of the Coastal Zone Management Act of 1972.
  `(2) PROGRAM CONTENTS- The coastal water quality protection program required
  by this subsection shall--
  `(A) identify from time to time, but in no case less often than once every
  3 years--
  `(i) those coastal waters for which applicable water quality standards or
  designated uses are not being achieved or maintained and are not expected
  to be achieved without additional control measures, and
  `(ii) those coastal waters that, although currently meeting applicable
  water quality standards and protecting designated uses, are threatened
  by reasonably foreseeable increases in pollutant loadings from new or
  expanding sources of pollution;
  `(B) for those coastal waters identified under subparagraph (A), identify
  and implement pollution control measures (including water quality based
  effluent limitations and best management practices) which are enforceable
  under State law, are applicable to point and nonpoint sources of pollution,
  are based upon the best scientific information available, are necessary to
  achieve and maintain coastal water quality standards and protect designated
  uses, and utilize authorities under this Act, including (where appropriate)
  the control strategies of subsection (l), approved programs under section
  319, and approved plans under section 320, and authorities under the
  Coastal Zone Management Act of 1972, including section 306B;
  `(C) identify coastal waters requiring additional intensive efforts beyond
  those required by subparagraph (B) and develop and implement detailed
  remedial programs for those waters which are enforceable under State law
  and consist of load and wasteload allocations developed and implemented
  pursuant to section 303(d) of this Act and section 306B of the Coastal
  Zone Management Act of 1972;
  `(D) establish a system whereby the Governor of the coastal State, or
  any other appropriate State authority, shall certify that the issuance
  or renewal of any discharge permits, and the undertaking of any other
  activities that are subject to the pollution control measures identified
  pursuant to subparagraph (B) or (C), complies with and is fully consistent
  with such pollution control measures;
  `(E) ensures ample opportunity for public participation in all elements
  of the program; and
  `(F) establishes mechanisms to improve coordination among State officials
  and State and local officials responsible for land use programs and
  permitting, water quality planning and permitting, habitat protection,
  and living resource management.
  `(3) PROGRAM APPROVAL-
  `(A) SUBMISSION- No later than 2 1/2  years after the effective date of
  this subsection, each coastal State shall submit to the Administrator and
  the Under Secretary the program required by this subsection.
  `(B) APPROVAL- The Administrator, in consultation with the Under Secretary,
  shall approve the program if the Administrator finds it meets the
  requirements of this subsection.
  `(C) MODIFICATIONS- If the proposed program does not meet the requirements,
  the Administrator shall promptly inform the State of the modifications
  that are necessary to meet the requirements and provide a reasonable time,
  not to exceed 6 months, within which the modifications may be made.
  `(D) CONTENTS OF GRANT APPLICATIONS- All applications from States for grants
  and other assistance pertaining to coastal waters under this section, section
  319 or 320 of this Act, or section 306B of the Coastal Zone Management Act
  of 1972 shall describe in detail the manner in which State water quality,
  coastal zone, and other appropriate officials will use such assistance to
  implement the program required by this section.
  `(E) ENFORCEMENT- The Administrator and the Under Secretary shall not
  provide any Federal financial assistance to a coastal State under sections
  603(c)(1)(A) and 603(c)(1)(B) of the Coastal Defense Initiative of 1990,
  respectively, if the State does not submit an approvable coastal water
  quality protection program for the State under this subsection within 3
  years after the effective date of this subsection. The prohibition of this
  subparagraph shall terminate with respect to that State upon the approval
  of a program for that State.
  `(4) DEFINITIONS- In this section and sections 303, 305, and 309--
  `(A) COASTAL STATE- The term `coastal State' means a State in, or bordering
  on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island
  Sound, or one or more of the Great Lakes.
  `(B) COASTAL WATERS- The term `coastal waters' means (i) the waters of
  the Great Lakes under the jurisdiction of the United States, including
  their connecting waters, harbors, bays, wetlands, and marshes; (ii)
  those portions of rivers, streams, and other bodies of water of the United
  States having unimpaired connection with the open sea and which contain a
  measurable quantity or percentage of sea water, including salt wetlands,
  coastal and intertidal areas, bays, harbors and lagoons; and (iii) waters
  of the territorial sea of the United States.
  `(C) UNDER SECRETARY- The term `Under Secretary' means the Under Secretary
  of Commerce for Oceans and Atmosphere.'.
  (b) CONFORMING AMENDMENTS- Section 303(d) of the Clean Water Act (33
  U.S.C. 1313(d)) is amended--
  (1) by inserting `, and those coastal waters of the State which are
  otherwise failing to attain or maintain applicable water quality standards
  or designated uses' before the period at the end of the first sentence of
  paragraph (1)(A); and
  (2) in the first sentence of paragraph (2) by inserting `(but at least
  once each 3 year period)' after `from time to time'.
  (c) REPORTING AND COMPLIANCE- (1) Section 305(b)(1) of the Clean Water Act
  (33 U.S.C. 1315(b)(1)) is amended--
  (A) by striking `and' at the end of subparagraph (D);
  (B) by striking the period at the end of subparagraph (E) and inserting
  `; and'; and
  (C) by adding at the end the following:
  `(F) for coastal States, a description of--
  `(i) the activities undertaken to establish and implement water quality
  standards based upon biological criteria for coastal waters within the
  State; and
  `(ii) the activities to develop and implement pollution control measures
  pursuant to the State's coastal water quality protection program under
  section 304(n) of this Act.'.
  (2) Section 106(f) of the Clean Water Act (33 U.S.C. 1256(f)) is amended--
  (A) in paragraph (1) by inserting `and from time to time thereafter'
  before the colon; and
  (B) in paragraph (1)(B) by inserting before the period at the end the
  following: `, including a description of actions taken by the State in
  fulfilling the requirements of section 304(n)'.
  (3) Section 509(b)(1) of the Clean Water Act (33 U.S.C. 1369(b)(1))
  is amended--
  (A) by striking `and' in clause (F); and
  (B) by inserting `and (H) approving a State coastal water quality protection
  program under section 304(n),' after `section 304(l),'.
  (4) Section 309(a) of the Clean Water Act (33 U.S.C. 1319(a)) is amended
  by adding at the end the following:
  `(7) ENFORCEMENT ORDERS FOR COAST WATER QUALITY PROGRAMS- Whenever on the
  basis of any information the Administrator finds that a coastal State
  has failed to develop, implement, or enforce a coastal water quality
  protection program under section 304(n), the Administrator shall issue an
  order requiring the State to comply with such section or requirement or
  shall commence a civil action in accordance with subsection (b).'.
  (5) Section 505(a) of the Clean Water Act (33 U.S.C. 1365(a)) is amended--
  (A) by striking `, or' at the end of paragraph (1) and inserting a semicolon;
  (B) by striking the period at the end of paragraph (2) and inserting `;
  or'; and
  (C) by inserting after paragraph (2) the following new paragraph:
  `(3) against the United States or any other governmental instrumentality
  or agency, to the extent permitted by the eleventh amendment to the
  Constitution, which is alleged to have committed one or more of the
  following failures with respect to section 304(n):
  `(A) failure to develop or revise a plan in accordance with the time limits
  set forth in such section;
  `(B) failure to review and decide whether or not to approve a State plan
  in accordance with the time limits set forth in such section;
  `(C) failure to withhold Federal financial assistance in accordance with
  paragraph (3)(C) of such section; and
  `(D) failure to implement an approved plan in accordance with such section.'.
  (6) Section 505 of the Clean Water Act (33 U.S.C. 1365) is amended--
  (A) in the second sentence of subsection (a) by inserting `or to enforce
  a requirement described in subsection (a)(3)' after `may be,';
  (B) in subsection (b) by inserting after paragraph (2) the following
  new paragraph:
  `(3) under subsection (a)(3) of this section prior to 60 days after the
  plaintiff has given notice of such action to the Administrator or the State,
  as the case may be,'; and
  (C) in subsection (h) by inserting `or where there is alleged a failure
  of the Administrator with respect to a plan of such State described in
  subsection (a)(3)' before the period.
  (d) CONTINUATION OF EXISTING REQUIREMENTS, CONSENT DECREES, AND PLANS-
  Any requirement or schedule established by the Clean Water Act, judicially
  approved consent decree established under section 309 or 505 of such Act
  (33 U.S.C. 1319, 1365), or control strategy, management program, or plan
  approved under sections 304(l), 319, or 320 of such Act (33 U.S.C. 1314(l),
  1329, 1330) shall continue in effect according to its terms until repealed,
  terminated, amended, or modified by the Administrator or a court of
  competent jurisdiction.
SEC. 204. OUTSTANDING COASTAL RESOURCE WATERS.
  (a) DESIGNATION- Not later than 30 months after the date of the enactment
  of this Act and after periodic public nominations, notice, and public
  comment, each coastal State, acting through its water quality or coastal
  zone management authorities, as appropriate, shall designate as Outstanding
  Coastal Resource Waters those coastal waters which are under the jurisdiction
  of the State and which have particular ecological, recreational, or aesthetic
  value or biological significance, taking into account their fisheries and
  shellfish resources, their habitat, and their recreational uses. Coastal
  waters so designated may include coastal waters in or adjacent to--
  (1) an element of the National Park System;
  (2) a National Wildlife Refuge;
  (3) a National Marine Sanctuary or a National Estuarine Reserve;
  (4) a unit of the Coastal Barrier Resources System;
  (5) a State park, recreational area, or wildlife preserve of particular
  ecological significance; or
  (6) shellfish growing waters or fish spawning waters of particular
  significance.
  (b) IMPLEMENTATION- Each coastal State shall revise its continuing planning
  process developed pursuant to section 303(e) of the Clean Water Act (33
  U.S.C. 1313(e)) to ensure that the coastal water quality and designated
  uses of Outstanding Coastal Resource Waters shall be protected, maintained,
  and, where appropriate, enhanced. In meeting this requirement, each coastal
  State shall--
  (1) either directly or working through local authorities, post major public
  access points to those waters to notify the public of their designation
  as Outstanding Coastal Resource Waters; and
  (2) ensure that the State implements an antidegradation policy for those
  waters which attains and maintains water quality and protects designated
  uses.
SEC. 205. COASTAL DISCHARGE CRITERIA.
  (a) ILLEGAL DISCHARGES- Section 301(a) of the Clean Water Act (33
  U.S.C. 1311(a)) is amended by inserting `403,' after `402,'.
  (b) DISCHARGE CRITERIA- Section 403 of the Clean Water Act (33 U.S.C. 1343)
  is amended by striking the section heading, section number designation,
  and subsections (a) and (b) and inserting the following:
`SEC. 403. OCEAN DISCHARGE CRITERIA.
  `(a) GENERAL RULE- Except in compliance with the guidelines issued under
  subsection (c), no permit may be issued or renewed under section 402 for
  a discharge into--
  `(1) the territorial sea;
  `(2) the waters of the contiguous zone;
  `(3) the oceans; or
  `(4) estuaries nominated under section 320.
  `(b) EPA REVIEW OF STATE PERMIT APPLICATIONS FOR DISCHARGES INTO ESTUARIES-
  Section 402(d) may not be waived for permits for discharges into estuaries
  nominated under section 320 or the territorial sea.'.
  (c) GUIDELINES- Subsection (c)(1) of section 403 of the Clean Water Act
  (33 U.S.C. 1343(c)(1)) is amended by striking `and the oceans' and inserting
  `, the oceans, and estuaries nominated under section 320'.
  (d) REVIEW AND REVISION OF GUIDELINES- Not later than 18 months after
  the date of the enactment of this Act, the Administrator shall review and
  revise the guidelines required under section 403(c) of the Clean Water Act
  (33 U.S.C. 1343(c)) to prevent the degradation of coastal water quality
  and to reflect changes made by this Act.
SEC. 206. MARINE SANITATION DEVICES.
  (a) MUNICIPAL ENFORCEMENT- Section 312(k) of the Clean Water Act (33
  U.S.C. 1322(k)) is amended--
  (1) by inserting `(1)' after `(k)';
  (2) by inserting `or political subdivisions thereof' after `the States'; and
  (3) by adding at the end the following:
  `(2) COOPERATIVE AGREEMENTS WITH STATES-
  `(A) STATE REQUEST- A Governor may request, in writing, that the Secretary
  of the department in which the Coast Guard is operating enter into, and
  the Secretary may enter into, a cooperative agreement with the Governor
  that will authorize the State or its political subdivisions to enforce the
  requirements of this section. The request shall be accompanied by whatever
  additional documentation the Secretary considers necessary to assess the
  ability of the State or its political subdivisions to enforce this section
  fairly and efficiently.
  `(B) DEADLINE FOR RESPONSE- The Secretary shall respond to a written
  request of a Governor under this paragraph not later than 180 days after
  receiving the request. If the Secretary denies the request, the Secretary
  shall describe fully the reasons for the denial and provide the Governor
  an opportunity to revise the request to the satisfaction of the Secretary.
  `(C) CONTENTS WITH RESPECT TO PENALTIES- If the Secretary enters into an
  agreement with a Governor under this subsection (including a cooperative
  agreement under this paragraph), such agreement shall authorize the State
  or its political subdivisions to assess the penalties authorized by this
  section. Any penalties so assessed shall be retained by the State or a
  political subdivision thereof to further the purposes of this section.
  `(3) MORE STRINGENT STATE REQUIREMENTS- Nothing in this section shall be
  construed as prohibiting or otherwise limiting the authority of a State
  to adopt and enforce more stringent requirements than those contained in
  this section.'.
  (b) NOTIFICATION- Within 1 year after the date of the enactment of this
  Act, the Director of the United States Fish and Wildlife Service and the
  Administrator shall notify in writing the fish and game and the water
  pollution control authorities of each coastal State of the availability
  of funds under section 8 of the Act of August 9, 1950 (16 U.S.C. 777g),
  popularly known as the Dingell-Johnson Sport Fish Restoration Act, to
  finance the establishment and improvement of shoreside pumpout stations
  for marine sanitation devices in conjunction with an approved Federal aid
  project. Such notification shall include--
  (1) a description of the availability of funds in the Sport Fish Restoration
  Account for such purposes;
  (2) a projection of the apportionments on a State-by-State basis under
  such program for the succeeding 5 years;
  (3) guidance relating to the types of pumpout facilities that may be
  appropriate;
  (4) guidance on the coastal waters most likely to be affected by the
  discharge of sewage from vessels; and
  (5) such other information that the Secretary considers suitable to promote
  the establishment of shoreside pumpout facilities to reduce sewage discharges
  from vessels and protect coastal waters.
  (c) FACILITIES STUDY- The Environmental Protection Agency and the Coast
  Guard are directed to conduct a study which would identify the number of
  operational pumpout facilities in each State, offer recommendations for the
  number of operational pumpout facilities that are needed to handle marine
  sanitation devices in each State, and identify the type of marinas and ports
  where they should be located and report to Congress on the results of the
  study not later than 1 year after the date of the enactment of this Act.
SEC. 207. NONPOINT SOURCE COASTAL POLLUTION CONTROL MEASURES.
  (a) IDENTIFICATION- The Administrator, in consultation with the National
  Oceanic and Atmospheric Administration, the United States Fish and Wildlife
  Service, and other Federal agencies, shall after notice and public comment--
  (1) identify pollution control measures, including best management practices,
  that may be suitable for reducing or controlling the introduction of
  pollutants into coastal waters from various classes or categories of
  nonpoint sources;
  (2) develop techniques for evaluating the effectiveness of those measures,
  based upon the best scientific information available, that will provide
  a reasonable basis for making quantitative estimates of the pollution
  reduction effects of those measures; and
  (3) develop and make available to State and local authorities the technical
  guidance and capabilities to implement and monitor those measures as may
  be necessary to achieve and maintain coastal water quality.
  (b) EVALUATION TECHNIQUES- Pollution control measures identified by the
  Administrator under subsection (a) shall include--
  (1) a detailed description of the methods, measures, or practices, including
  structural and nonstructural controls and operation and maintenance
  procedures, that constitute each control measure;
  (2) a determination of the estimated cost of implementing each such measure;
  (3) a description of the categories and subcategories of activities for
  which each measure may be suitable;
  (4) a detailed identification of the individual pollutants or water quality
  impacts that may be affected by the measures;
  (5) a reliable method to make quantitative estimates of the pollution
  reduction effects of the measures; and
  (6) the necessary monitoring requirements to accompany the measures to
  assess over time the success of the measures in reducing pollution loads.
  (c) REBUTTABLE PRESUMPTION- Any determination of the pollution reduction
  effects of pollution control measures identified pursuant to this section
  shall have the force and effect of a rebuttable presumption in any
  administrative or judicial proceeding under this Act or the Clean Water Act.
SEC. 208. NATIONAL ESTUARY PROGRAM.
  (a) ADDITION OF ST. JOHNS RIVER ESTUARY, FLORIDA, AND MORRO BAY, CALIFORNIA-
  Section 320(a)(2)(B) of the Clean Water Act (33 U.S.C. 1330(a)(2)(B))
  is amended by striking `and' the last place it appears and by inserting
  before the period at the end the following: `St. Johns River Estuary,
  Florida; and Morro Bay, California'.
  (b) MANAGEMENT PLANS- Section 320(b)(4) of the Clean Water Act (33
  U.S.C. 1330(b)(4)) is amended by inserting `, within 5 years after the
  date on which the management conference is convened,' after `plan'.
  (c) MANAGEMENT CONFERENCES- Section 320(e) of the Clean Water Act (33
  U.S.C. 1330(e)) is amended to read as follows:
  `(e) PERIOD OF CONFERENCE- A management conference convened under
  this section shall be convened for a period of at least 10 years. The
  Administrator may extend a conference after that period 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.'.
  (d) APPROVAL AND IMPLEMENTATION OF CONSERVATION AND MANAGEMENT PLANS-
  Section 320(f) of the Clean Water Act (33 U.S.C. 1330(f)) is amended to
  read as follows:
  `(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 the plan if--
  `(A) it meets the requirements of this section;
  `(B) it specifies the implementation responsibilities, including funding
  responsibilities and implementation schedules, of the Federal Government
  and of State and local governments that participated in development of
  the plan; and
  `(C) the affected Governor or Governors concur.
  `(2) IMPLEMENTATION- Upon approval of a conservation and management plan
  under this section, the Administrator shall ensure that the Federal
  responsibilities and commitments under the plan are complied with and
  implemented. The Administrator, in conjunction with the management
  conference, shall--
  `(A) oversee and provide assistance to the management conference for
  implementation of the plan;
  `(B) coordinate Federal and State programs necessary for implementing
  the plan;
  `(C) make recommendations to the management conference on enforcement and
  technical assistance activities necessary to ensure compliance with and
  implementation of the plan;
  `(D) collect and make available to the public publications and other forms
  of information relating to implementation of the plan;
  `(E) make plan implementation grants under subsection (g); and
  `(F) provide administrative and technical support to the management
  conference.
  `(3) FUNDING- Funds authorized to be appropriated under section 607,
  section 319, and subsection (i)(2) of this section may be used in accordance
  with the applicable requirements of this Act to assist States with the
  implementation of a conservation and management plan under this section.'.
  (e) GRANTS- Section 320(g) of the Clean Water Act (33 U.S.C. 1330(g))
  is amended to read as follows:
  `(g) GRANTS-
  `(1) RECIPIENTS- The Administrator may make grants under this subsection
  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 for--
  `(A) development of conservation and management plans under this section,
  including research, surveys, studies, modeling, and other technical work
  necessary for the development of a plan; and
  `(B) implementation of conservation and management plans, including
  any additional research and monitoring, planning, enforcement, and
  citizen involvement and education activities necessary to improve plan
  implementation.
  `(3) FEDERAL SHARE-
  `(A) IN GENERAL- 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 costs of development
  of conservation and management plans and 50 percent of the costs of
  implementation of such plans.
  `(B) NON-FEDERAL SHARE- All grants under this subsection shall be made
  on the condition that the non-Federal share of the costs of activities
  carried out with the grants are provided from non-Federal sources.'.
  (f) AUTHORIZATION- Section 320(i) of the Clean Water Act (33 U.S.C. 1330(i))
  is amended to read as follows:
  `(i) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
  to the Administrator--
  `(1) not to exceed $20,000,000 for each of fiscal years 1991, 1992, 1993,
  1994, and 1995, for--
  `(A) expenses related to the administration of management conferences under
  this section, except that not more than 10 percent of amounts appropriated
  under this paragraph may be used for that purpose; and
  `(B) making conservation and management plan development grants under
  subsection (g)(2)(A); and
  `(2) not to exceed $20,000,000 for each of fiscal years 1991, 1992, 1993,
  1994, and 1995, for making conservation and management plan implementation
  grants under subsection (g)(2)(B).'.
  (g) LONG ISLAND SOUND CONSERVANCY- Notwithstanding any other provision of
  law and within one year after the date of the enactment of this Act, the
  Administrator shall establish an office in the immediate vicinity of Long
  Island Sound to carry out the approved Long Island Sound conservation and
  management plan in accordance with the responsibilities of the Administrator
  under section 320(f)(2) of the Clean Water Act (as amended by this Act).
  (h) SUPPLEMENTAL AUTHORIZATIONS- In addition to the sums authorized to
  be appropriated under section 320(i)(2)(B) of the Clean Water Act, there
  is hereby authorized to be appropriated for the implementation of approved
  comprehensive conservation and management plans for Puget Sound, Washington,
  Albermarle Sound, North Carolina, and Buzzards Bay, Massachusetts $6,000,000
  per fiscal year for each of fiscal years 1991, 1992, 1993, 1994, and 1995.
SEC. 209. CHESAPEAKE BAY PROGRAM.
  Section 117(d) of the Clean Water Act (33 U.S.C. 1267(d)) is amended in
  each of paragraphs (1) and (2) by inserting after `1990' the following:
  `and such sums as may be necessary for fiscal years 1991 and 1992'.
SEC. 210. EXISTING PROVISION NOT AFFECTED.
  Nothing in this Act (including the amendments made by this Act)--
  (1) amends, repeals, supercedes, or otherwise affects the application of
  section 214(g) of the Caribbean Basin Economic Recovery Act (33 U.S.C. 1311
  note); or
  (2) otherwise applies to a discharge described in that section.
SEC. 211. ALTERNATIVES TO MUD DUMP SITE FOR DISPOSAL OF DREDGED MATERIAL.
  (a) REPORT- Within 90 days after the date of the enactment of this Act,
  the Administrator shall submit to the Congress a final report on the
  feasibility of designating an alternative site to the Mud Dump Site at a
  distance not less than 20 miles from the shoreline.
  (b) PLAN- Within 180 days after the date of the enactment of this Act, the
  Secretary of the Army and the Administrator shall submit to the Congress a
  plan for the long-term management of dredged material from the New York/New
  Jersey Harbor region. The plan shall include--
  (1) an identification of the source, quantities, and characteristics of
  material to be dredged;
  (2) a discussion of potential alternative sites for disposal of dredged
  material, including the feasibility of altering the boundaries of the Mud
  Dump Site;
  (3) measures to reduce the quantities of dredged material proposed for
  ocean disposal;
  (4) measures to reduce the amount of contaminants in materials proposed
  to be dredged from the Harbor through source controls and decontamination
  technology;
  (5) a program for monitoring the physical, chemical, and biological effects
  of dumping dredged material at the Mud Dump Site; and
  (6) a study of the characteristics of the bottom sediments, including type
  and distribution.
  (c) DEMONSTRATION PROJECT- The Secretary of the Army, in consultation with
  the Administrator, shall implement a demonstration project for disposing
  on an annual basis up to 10 percent of the material dredged from the New
  York/New Jersey Harbor region in an environmentally sound manner other than
  by ocean disposal. Environmentally sound alternatives may include capping
  of borrow pits, construction of a containment island, application for
  landfill cover, habitat restoration, and use of decontamination technology.
  (d) DREDGED MATERIAL WHICH MAY BE DUMPED AT MUD DUMP SITE- Notwithstanding
  section 103(d) of the Marine Protection, Research, and Sanctuaries Act (33
  U.S.C. 1413(d)), only dredged material that meets the criteria of section
  102(a) of such Act (33 U.S.C. 1412(a)) may be dumped at the Mud Dump Site.
  (e) MUD DUMP SITE DEFINED- For purposes of this section, the term `Mud Dump
  Site' means the area located approximately 5 3/4  miles east of Sandy Hook,
  New Jersey, with boundary coordinates of 40 degrees, 23 minutes, 48 seconds
  North, 73 degrees, 51 minutes, 28 seconds West; 40 degrees, 21 minutes,
  48 seconds North, 73 degrees, 50 minutes, 00 seconds West; 40 degrees,
  21 minutes, 48 seconds North; 73 degrees, 51 minutes, 28 seconds West;
  and 40 degrees, 23 minutes, 48 seconds North; 73 degrees, 50 minutes,
  00 seconds West.
  (f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary of the Army for fiscal year 1991, $500,000 to implement
  subsection (b) and $1,000,000 to implement subsection (c), and such sums
  as may be necessary for fiscal year 1992.
  (g) REPEAL- Section 211 of the Water Resources Development Act of 1986
  (33 U.S.C. 2239) is repealed.
SEC. 212. COASTAL COMBINED SEWER OVERFLOWS.
  Section 304 of the Clean Water Act (33 U.S.C. 1314) is amended by adding
  at the end the following new subsection:
  `(o) COASTAL COMBINED SEWER OVERFLOWS- For the purposes of adopting or
  revising effluent limitations for marine combined sewer overflows under
  this Act, the Administrator, after consultation with appropriate Federal
  and State agencies and other interested persons, shall publish not later
  than 1 year after the date of the enactment of this subsection regulations
  to require screening or other interim measures to control floatables in
  combined sewer overflow discharges into coastal waters.'.
SEC. 213. DEMONSTRATION PROJECTS TO CONTROL NONPOINT SOURCES OF POLLUTION
ENTERING COASTAL WATERS.
  (a) NAVESINK AND SHREWSBURY RIVER BASIN, NEW JERSEY- The Administrator
  is authorized to conduct, in the 5-year period beginning on the date of
  the enactment of this Act, a demonstration project for the control of
  nonpoint sources of pollution entering coastal waters from Navesink and
  Shrewsbury River Basin, New Jersey. Such project shall include measures
  to reduce bacteria levels, control agricultural runoff, and control and
  reduce sediments and nutrients. The non-Federal share of the costs of
  activities conducted in connection with the project is 50 percent.
  (b) WOODLAWN BEACH, HAMBURG, NEW YORK- The Administrator is authorized
  to undertake a demonstration project to eliminate contamination of
  the waters in the vicinity of Woodlawn Beach, Hamburg, New York, from
  nonpoint sources of pollution resulting from surface runoff and septic
  system contamination entering Rush and Blasdell Creeks. Such project shall
  include control of sources of pollution, relocation of Rush and Blasdell
  Creeks, and construction of a settling pond. The non-Federal share of the
  cost of such project shall be 50 percent.
  (c) DEMONSTRATION PROGRAMS-
  (1) IN GENERAL- The Administrator, with the concurrence of the appropriate
  States, shall develop and implement 4 model demonstration programs for
  coastal waters to evaluate innovative nonpoint source pollution control
  measures through systems for allocating and exchanging discharge credits
  and pollution offsets between point and nonpoint sources of pollution. Each
  program shall be designed to achieve significant additional reductions
  in the pollutants entering the areas covered by the program beyond the
  reductions that would otherwise be achieved without the program. Each
  program shall apply only to credits and offsets relating to conventional
  pollutants, nitrogen, and phosphorus and shall--
  (A) promote an efficient pollution reduction program among all sources of
  pollutants covered by the program;
  (B) require that for any increase in loadings from a point source secured
  through an exchange, there shall be at least a 2-fold reduction in those
  pollutants from nonpoint sources in the area;
  (C) place the burden of proof of compliance with these requirements with
  the participants in any exchange; and
  (D) provide such other mechanisms as may be necessary to ensure compliance.
  (2) LIMITATION IN STATUTORY CONSTRUCTION- Nothing in this subsection shall be
  construed to affect the obligations to comply fully with the technology-based
  effluent limitations and antidegradation requirements of the Clean Water
  Act or to affect existing authority to manage nonpoint source pollution.
  (3) REPORT- Not later than 2 years after the date of the enactment of this
  Act, the Administrator shall transmit to Congress a report on the progress
  being made in carrying out this subsection, together with the results of
  the demonstration programs to date.
SEC. 214. PROHIBITION AGAINST BURNING OF WOOD ON OCEAN WATERS, NEW YORK
HARBOR DRIFT REMOVAL PROJECT.
  (a) PROJECT MODIFICATION- The New York Harbor collection and removal of
  drift project, authorized by section 2 of the Act entitled `An Act making
  appropriations for the construction, repair, and preservation of certain
  public works on rivers and harbors, and for other purposes', approved March
  4, 1915 (38 Stat. 1051) and section 91 of the Water Resources Development
  Act of 1974 (88 Stat. 39), including construction of the 2nd phase in the
  Jersey City North reach, is modified to provide--
  (1) that after December 31, 1990, material collected by the Secretary in
  carrying out the project may be disposed of only as provided in subsection
  (d), and
  (2) that no later than December 31, 1993, the Administrator shall prohibit
  the burning of wood collected in carrying out the project on ocean waters.
  (b) DEMONSTRATION OF ALTERNATIVES-
  (1) SURVEY- The Secretary shall conduct a survey of potential acceptable
  alternative methods to the burning of wood on ocean waters which could be
  used for disposal of wood collected in carrying out the project.
  (2) GOAL- Methods of disposal identified in the survey shall be demonstrated
  in accordance with subsection (d), with the goal of arriving at an
  implementable acceptable alternative method at the earliest practicable date.
  (c) REPORT TO CONGRESS- The Secretary shall report to the Committee on Public
  Works and Transportation of the House of Representatives, the Committee on
  Environment and Public Works of the Senate, and the Committee on Merchant
  Marine and Fisheries of the House of Representatives by February 1, 1991,
  by January 1, 1992, and, if an implementable acceptable alternative method
  is not identified under this section, by January 1, 1993, on the progress
  being made toward achieving an early end to the practice of burning of wood
  on ocean waters. Each of such reports shall describe specific methods and
  strategies and the results of the demonstration of those methods, specify
  a date by which an acceptable alternative method or methods is likely to
  be implementable, and include an estimate of the volume of wood collected
  in carrying out the project to be disposed of in calendar year 1991, 1992,
  or 1993, as the case may be. A final report shall be issued no later than
  December 31, 1993.
  (d) DISPOSAL OF WOOD- Effective January 1, 1991, and until December 31,
  1993, at least half of the volume of wood estimated by the Secretary under
  subsection (c) to be collected in carrying out the project each year shall
  be disposed so as to demonstrate alternative methods of disposal. If bids
  received for alternative methods are substantially greater in cost than the
  cost of disposal by burning on ocean waters, the Secretary shall dispose of
  no more than half of the estimated volume at the lesser cost; except that,
  if a bid received for an alternative method is not substantially greater
  than the cost of disposal by burning on ocean waters, the Secretary shall
  select the alternative method.
  (e) EPA PERMIT FOR DISPOSAL ON OCEAN WATERS- The Administrator shall
  continue to issue permits for the disposal of wood collected in carrying
  out the project by burning on ocean waters until December 31, 1993,
  and shall designate an interim site for such disposal. If an acceptable
  alternative method for disposal of wood is determined to be implementable
  under subsection (f), the Administrator shall prohibit the burning of such
  wood at a date earlier than December 31, 1993.
  (f) IMPLEMENTABLE ACCEPTABLE ALTERNATIVE- The Administrator shall,
  by regulation, end the permitting of the disposal of wood collected in
  carrying out the project by burning on ocean waters at such time as one
  or more alternative methods of disposal are determined to be acceptable
  alternative methods and implementable by the Regional Administrator for
  Region II of the Environmental Protection Agency, the District Engineer
  for the New York District, the State of New Jersey, and the State of New
  York. Such determination shall be published in the Federal Register 5
  working days after the date of such determination.
  (g) DEFINITIONS- For purposes of this section, the following definitions
  apply:
  (1) ACCEPTABLE ALTERNATIVE METHOD- The term `acceptable alternative method'
  means a method of disposal of wood other than burning on ocean waters that
  is both environmentally appropriate and economically feasible.
  (2) SECRETARY- The term `Secretary' means the Secretary of the Army.
TITLE III--COASTAL MANAGEMENT
SEC. 301. PURPOSES.
  The purposes of this title are as follows:
  (1) To strengthen the regulatory and administrative links between coastal
  zone management and water quality programs at the Federal and State levels,
  particularly for the control of land and water uses which, individually
  or cumulatively, may impair coastal water quality.
  (2) To encourage each State coastal zone management program to promote
  sound management of land uses which affect coastal water quality and coastal
  habitat, particularly from the cumulative effects of coastal development,
  through the adoption and implementation of a Coastal Water Quality Protection
  and Improvement Plan in accordance with the amendments made by this title.
  (3) To expand State and local authorities, capabilities, and incentives to
  protect critical coastal areas and to restore degraded coastal habitats,
  including degraded coastal waters, where those habitats and waters are
  adversely affected by coastal land use.
SEC. 302. COASTAL ZONE MANAGEMENT ACT OF 1972 AMENDMENTS.
  (a) FINDINGS- Section 302 of the Coastal Zone Management Act of 1972
  (16 U.S.C. 1451) is amended by adding at the end the following:
  `(k) Land use in the coastal zone, and the use of adjacent lands which
  drain into the coastal zone, may affect the quality of coastal waters
  and habitat, and efforts to control coastal water pollution from land use
  activities must be improved.'.
  (b) POLICY- Section 303(2) of the Coastal Zone Management Act of 1972
  (16 U.S.C. 1452(2)) is amended--
  (1) by striking the period at the end of subparagraph (B) and inserting
  a comma;
  (2) by redesignating subparagraphs (C), (D), (E), (F), (G), (H), and
  (I), and any reference thereto, as subparagraphs (D), (E), (F), (G), (H),
  (I), and (J), respectively; and
  (3) by inserting after subparagraph (B) the following new subparagraph:
  `(C) the management of coastal development to protect the quality of coastal
  waters and to prevent the impairment of existing uses of those waters,'.
  (c) PROTECTING AND RESTORING COASTAL WATER QUALITY- The Coastal Zone
  Management Act of 1972 is amended by inserting after section 306A (16
  U.S.C. 1455a) the following:
`SEC. 306B. MANAGING LAND USES THAT AFFECT COASTAL WATERS.
  `(a) IN GENERAL-
  `(1) PROGRAM DEVELOPMENT- Not later than 3 years after the effective
  date of this section, the management agency chosen pursuant to section
  306(c)(5) by each State for which a program has been approved pursuant
  to section 306 (hereinafter in this section referred to as the `coastal
  management agency') shall prepare and submit to the Under Secretary and the
  Administrator an Aquatic Resources Protection Program (hereinafter in this
  section referred to as the `program') for approval pursuant to subsection
  (c). The purpose of the program shall be for the management agency,
  working in close conjunction with other State and local authorities,
  to develop and implement measures for managing land uses which cause or
  contribute to the pollution or degradation of coastal waters.
  `(2) PROGRAM COORDINATION- The program shall be developed, submitted,
  and implemented in conjunction with and as a part of the comprehensive
  coastal water quality protection program under section 304(n) of the Federal
  Water Pollution Control Act. In developing and carrying out the program,
  the coastal management agency shall coordinate closely with State and
  local water quality authorities. Each program shall be integrated with the
  State's coastal water quality program under section 304(n) of the Federal
  Water Pollution Control Act, shall be compatible and coordinated with the
  programs developed pursuant to sections 208, 303, 319, and 320 of that
  Act, shall incorporate any applicable requirements adopted by the State
  under that Act or any more stringent water quality requirements adopted
  pursuant to State law, and shall be coordinated with applicable State
  water rights requirements.
  `(b) PROGRAM CONTENTS- The Under Secretary, in consultation with the
  Administrator, shall approve a program under this section if it provides
  for the following:
  `(1) IDENTIFYING LAND USES- The identification of, and a continuing process
  for identifying, land uses which, individually or cumulatively, may cause
  or contribute significantly to a degradation of--
  `(A) those coastal waters where there is a failure to attain or maintain
  applicable water quality standards or protect designated uses, as determined
  by the State pursuant to its water quality planning processes;
  `(B) those coastal waters that are threatened by reasonably foreseeable
  increases in pollution loadings from new or expanding sources from land
  uses; or
  `(C) Outstanding Coastal Resource Waters designated pursuant to section
  204 of the Coastal Defense Initiative of 1990.
  `(2) IDENTIFYING CRITICAL AREAS- The identification of, and a continuing
  process for identifying, critical coastal areas within which any new land
  uses or substantial expansion of existing land uses will be subject to the
  land use management measures that are determined by the coastal management
  agency, in cooperation with the State water quality authority and other
  State or local authorities, as appropriate, to be necessary to protect
  and restore coastal water quality and designated uses.
  `(3) COASTAL LAND USE MANAGEMENT MEASURES-
  `(A) IMPLEMENTATION AND REVISION- The implementation and continuing
  revision from time to time of land use management measures applicable
  to the land uses and areas identified pursuant to paragraphs (1) and (2)
  that the coastal management agency, working in conjunction with the State
  water pollution control agency and other State and local authorities,
  determines are necessary to achieve applicable water quality standards
  and protect designated uses.
  `(B) DESCRIPTION- Coastal land use management measures under this paragraph
  may include, among other measures, the use of--
  `(i) pollution control measures identified under section 207(a)(1) of the
  Coastal Defense Initiative of 1990;
  `(ii) buffer strips;
  `(iii) setbacks;
  `(iv) density restrictions;
  `(v) techniques for identifying and protecting critical coastal areas
  and habitats;
  `(vi) soil erosion and sedimentation control; and
  `(vii) siting and design criteria for water uses, including marinas.
  `(4) TECHNICAL ASSISTANCE- The provision of technical and financial
  assistance to local governments and the public for implementing the
  measures referred to in paragraph (3), including assistance in developing
  ordinances and regulations; technical guidance and modeling to predict and
  assess the effectiveness of such measures; training; financial incentives;
  demonstration projects; and other innovations to protect coastal water
  quality and achieve and maintain designated uses.
  `(5) PUBLIC PARTICIPATION- Opportunities for public participation in all
  aspects of the program, including the use of public notices and opportunities
  for comment, nomination procedures, public hearings, technical and financial
  assistance, public education, and other means and measures.
  `(6) ADMINISTRATIVE COORDINATION- The establishment of mechanisms to improve
  coordination among State agencies and between State and local officials
  responsible for land use programs and permitting, water quality permitting
  and enforcement, habitat protection, and public health and safety, through
  the use of joint project reviews, interagency certifications, memoranda
  of agreements, and other mechanisms.
  `(7) STATE COASTAL ZONE BOUNDARY MODIFICATION- Modification of the boundaries
  of the State coastal zone as the State determines is necessary to manage the
  land uses identified pursuant to paragraph (1) and to implement, as may be
  required, the recommendations made pursuant to section 303. If the coastal
  management agency does not have the authority to modify such boundaries,
  the program shall include recommendations for such modifications to the
  appropriate State authority.
  `(c) PROGRAM SUBMISSION AND APPROVAL-
  `(1) PROCEDURES- The submission and approval of a proposed program under this
  section shall be governed by the procedures established by section 306(g).
  `(2) ELIGIBILITY FOR AND WITHDRAWAL OF ASSISTANCE-
  `(A) GENERAL RULE- Except as provided in subparagraph (B), if the Under
  Secretary, in consultation with the Administrator, finds that a coastal State
  has failed to submit an approvable program as required by this section,
  the State shall not be eligible for any funds under sections 603(c)(1)(A)
  and 603(c)(1)(B) of the Coastal Defense Initiative of 1990, and the Under
  Secretary shall withdraw a portion of grants otherwise available to such
  State under section 306 of this Act as follows:
  `(i) 10 percent after 3 years after the date of the enactment of this
  section.
  `(ii) 15 percent after 4 years after the date of the enactment of this
  section.
  `(iii) 20 percent after 5 years after the date of the enactment of this
  section.
  `(iv) 30 percent after 6 years after the date of the enactment of this
  section and thereafter.
The Under Secretary shall make amounts withdrawn under this subparagraph
available to States having programs approved under this section.
  `(B) EXTENSION- If the Under Secretary, in consultation with the
  Administrator, finds that a State has made satisfactory progress in
  developing a program under subsection (a) and that additional time
  is required for the State to complete necessary statutory or regulatory
  changes to develop the program, the Under Secretary may authorize no more
  than 3 additional years for the State to comply with this section.
  `(3) GUIDELINES- Within 180 days after the effective date of this
  section, the Under Secretary and the Administrator shall issue guidelines
  for coastal States to follow in developing a program. Within 18 months
  after that effective date, the Under Secretary, in consultation with the
  Administrator, shall promulgate regulations governing the receipt, review,
  and approval of programs under this section.
  `(d) TECHNICAL ASSISTANCE- The Under Secretary and the Administrator, in
  consultation with the heads of other Federal agencies, shall each provide
  technical assistance to States and local governments in developing and
  implementing programs under this section. The Under Secretary and the
  Administrator shall coordinate the provision of technical assistance with
  the guidance provided by the Administrator under section 207 of the Coastal
  Defense Initiative of 1990. Such assistance shall include--
  `(1) methods for assessing water quality impacts associated with coastal
  land uses;
  `(2) methods for assessing the cumulative water quality effects of coastal
  development;
  `(3) maintaining and from time to time revising an inventory of model
  ordinances, and providing other assistance to State and local governments
  in identifying, developing, and implementing pollution control measures; and
  `(4) methods to predict and assess the effects of coastal land use management
  measures on coastal water quality and designated uses.
  `(e) FINANCIAL ASSISTANCE- From amounts appropriated pursuant to section
  603(c)(1)(B) of the Coastal Defense Initiative of 1990, the Secretary
  shall provide grants to each coastal State to assist in fulfilling the
  requirements of this section if the coastal State matches any such grant
  according to a 4 to 1 ratio of Federal to State contributions.
  `(f) DEFINITIONS- In this section, the following definitions apply:
  `(1) ADMINISTRATOR- The term `Administrator' means the Administrator of
  the Environmental Protection Agency.
  `(2) UNDER SECRETARY- The term `Under Secretary' means the Under Secretary
  of Commerce for Oceans and Atmosphere.'.
  (d) CONFORMING AMENDMENTS- Sections 306(a)(3), 306A(a)(1)(B), 312(a), and
  312(c)(1) of such Act are each amended by striking `(I)' and inserting `(J)'.
SEC. 303. INLAND BOUNDARIES OF COASTAL ZONES.
  (a) REVIEW- Within 18 months after the date of the enactment of this Act,
  the Under Secretary and the Administrator shall review the inland boundary
  of the coastal zone of each coastal State program which has been approved or
  is proposed for approval under section 306 of the Coastal Zone Management
  Act of 1972 (16 U.S.C. 1455) and evaluate whether the boundary extends
  inland to the extent necessary to control the land and water uses that
  have a significant impact on coastal waters of the State.
  (b) RECOMMENDATION- If the Under Secretary and the Administrator find
  that modifications to the inland boundary of a State's coastal zone are
  necessary for that State to more effectively manage land and water uses
  in order to protect coastal waters, the Under Secretary shall recommend
  appropriate modifications in writing to the State.
SEC. 304. COORDINATION WITH NATIONAL ESTUARY PROGRAM.
  Each State agency designated under section 306(c)(5) of the Coastal
  Zone Management Act of 1972 (16 U.S.C. 1455(c)(5)) shall nominate a
  representative of the agency for appointment by the Administrator to an
  appropriate position on any management conference convened under section
  320 of the Clean Water Act (33 U.S.C. 1330) for waters lying wholly or
  partially within the jurisdiction of the State.
TITLE IV--COASTAL WATER QUALITY MONITORING PROGRAM
SEC. 401. PURPOSE.
  The purpose of this title is to establish long-term water quality monitoring
  programs for high priority coastal waters that will enhance the ability of
  Federal, State, and local authorities to develop and implement effective
  remedial programs for those waters.
SEC. 402. NATIONAL COASTAL WATER QUALITY MONITORING TASK FORCE.
  (a) ESTABLISHMENT- There is established the National Coastal Water Quality
  Monitoring Task Force (hereinafter in this title referred to as the
  `Task Force').
  (b) MEMBERSHIP- The Task Force shall consist of the following representatives
  appointed from among individuals having expertise in coastal water quality
  monitoring and coastal regulatory affairs:
  (1) A representative of the Environmental Protection Agency, who shall
  serve as the chairperson of the Task Force.
  (2) A representative of the National Oceanic and Atmospheric Administration.
  (3) A representative of the United States Fish and Wildlife Service.
  (4) A representative of the Army Corps of Engineers.
SEC. 403. NATIONAL COASTAL WATER QUALITY MONITORING STRATEGY.
  (a) NATIONAL STRATEGY- The Task Force shall develop and implement a
  national strategy for conducting coastal water quality monitoring programs
  in accordance with this title. The Task Force shall--
  (1) identify all Federal water quality monitoring programs applicable
  to coastal waters and, to the maximum extent possible, incorporate those
  programs into the national strategy;
  (2) develop a memorandum of understanding among appropriate Federal
  agencies no later than one year after the date of the enactment of this
  Act, which shall outline a process for implementing the national strategy
  at the Federal level;
  (3) develop national monitoring guidelines in accordance with section 404;
  (4) select high priority coastal waters from the recommendations of
  the regional monitoring teams established under section 405, and review,
  approve, or disapprove coastal water quality monitoring programs developed
  by regional teams, in accordance with section 405; and
  (5) provide for the maximum coordination of Federal monitoring activities
  with coastal water quality monitoring programs developed under this title.
  (b) REPORTING- Not later than 2 years after the date of the enactment of
  this Act and triennially thereafter, the Administrator, acting on behalf
  of the Task Force, shall transmit to Congress a report summarizing the
  efforts undertaken to fulfill the requirements of this title and the status
  of the monitoring programs developed under section 405.
SEC. 404. MONITORING GUIDELINES.
  (a) IN GENERAL- Not later than 18 months after the date of the enactment
  of this Act, the Administrator, in consultation with the Task Force, shall
  issue guidelines to assist in the development and implementation of coastal
  water quality monitoring programs under section 405. These guidelines shall--
  (1) seek to provide an appropriate degree of uniformity among the coastal
  water quality monitoring programs while preserving the flexibility of each
  monitoring program to address local needs;
  (2) include guidance for establishing monitoring programs that will--
  (A) identify and quantify the severity of existing or anticipated problems
  in coastal water quality; and
  (B) identify and quantify sources of pollution that cause or contribute
  to those problems;
  (3) evaluate over time the effectiveness of efforts to reduce or eliminate
  those sources; and
  (4) include guidance for carrying out sediment assessments under section
  405(e).
  (b) TECHNICAL PROTOCOLS- Guidelines issued under subsection (a) shall
  include, but not be limited to, protocols for--
  (1) designing monitoring networks and monitoring surveys;
  (2) sampling and analysis, including appropriate physical and chemical
  parameters, living resources parameters, and sediment analysis techniques;
  and
  (3) intercalibration, quality assessment, quality control, and data
  management.
  (c) PERIODIC REVIEW- The Task Force shall periodically review and report on
  the guidelines issued under this section, to evaluate their effectiveness,
  the degree to which they continue to provide an appropriate degree of
  uniformity while taking local conditions into account, and any need to
  modify or supplement them with new guidelines.
SEC. 405. COASTAL WATER QUALITY MONITORING PROGRAMS.
  (a) REGIONAL TEAMS- Not later than 6 months after the date of the enactment
  of this Act, the Task Force shall establish a Regional Coastal Water
  Quality Monitoring Team for each coastal region. Each regional team shall
  be comprised of individuals with recognized technical expertise in coastal
  water quality monitoring programs, and shall include--
  (1) 4 representatves of the scientific community;
  (2) 2 representatives of private institutions;
  (3) a representative of each participating State;
  (4) representatives of local governments;
  (5) representatives of the public at large; and
  (6) repesentatives of the Administrator, the Under Secretary, and such
  Federal agencies as considered appropriate by the Task Force, who shall
  serve as ex officio members of the regional team.
Each regional team shall select one of its members to serve as chairperson
of the team.
  (b) REGIONAL RESPONSIBILITIES- Each regional team shall--
  (1) recommend areas of coastal waters within its region that should
  be designated as high priority coastal waters and for which individual
  monitoring plans should be developed under this subsection, taking into
  account the identification of impaired coastal waters made pursuant to
  section 304(n) of the Clean Water Act or section 306B of the Coastal Zone
  Management Act of 1972;
  (2) submit its recommendations under paragraph (1) to the Task Force for
  its review and approval;
  (3) develop a coastal water quality monitoring program for each area
  designated as high priority coastal waters by the Task Force in accordance
  with subsection (c);
  (4) conduct the sediment inventory and assessment under subsection (e);
  (5) provide for public participation in the development and implementation
  of the monitoring programs;
  (6) provide technical guidance for the implementation of the monitoring
  programs;
  (7) review from time to time the effectiveness of the monitoring programs
  in meeting their objectives and make whatever modifications may be necessary
  in consultation with the Task Force; and
  (8) issue from time to time a report on the general status of coastal
  water quality within the region.
  (c) COASTAL WATER QUALITY MONITORING PROGRAMS- Each coastal water quality
  monitoring program developed pursuant to this section shall--
  (1) clearly state the goals and objectives of the monitoring program
  and their relationship to the water quality regulatory objectives for
  the waterbody;
  (2) identify the water quality and living resource parameters of the
  monitoring program and their relationship to these goals and objectives;
  (3) describe the types of monitoring networks, surveys, and other activities
  to achieve these objectives, using where appropriate the guidelines issued
  under section 404;
  (4) survey existing Federal, State, and local coastal monitoring activities
  and private compliance monitoring activities in or on the waters to which
  the program applies, describe the relationship of the program to these
  other monitoring activities, and integrate them, as appropriate, into the
  monitoring program;
  (5) describe the data management and quality control components of the
  program;
  (6) specify the implementation requirements for the program, including--
  (A) the lead State or regional authority which will administer the
  monitoring program;
  (B) the public and private parties, including all discharges into the
  waters covered by the monitoring program, which will be required to
  implement the program, and a detailed schedule for its implementation;
  (C) all Federal and State responsibilities for implementing the program; and
  (D) the changes in Federal, State, and local programs necessary to implement
  the monitoring program;
  (7) estimate the costs to Federal, State, and local participants, of
  implementing the monitoring program;
  (8) describe the technical guidance that shall be provided to those
  responsible for implementing the program; and
  (9) describe the methods to assess periodically the success of the monitoring
  program in meeting its objectives, and the manner in which the program
  may be modified from time to time.
  (d) APPROVALS-
  (1) HIGH PRIORITY COASTAL WATERS-
  (A) SUBMISSION TO TASK FORCE- Not later than 18 months after the date of
  the enactment of this Act and periodically thereafter, each regional team
  shall submit to the Task Force, in accordance with a schedule to be issued
  by the Task Force, recommendations for areas of coastal water within that
  region that should be designated as high priority coastal waters.
  (B) APPROVAL OR DISAPPROVAL- The Task Force shall approve or disapprove
  each recommended designation, and promptly notify the appropriate regional
  team of that approval or disapproval, based on--
  (i) the availability of funds from the Coastal Defense Fund and other
  Federal sources;
  (ii) the availability of matching funds from participating States for
  that use;
  (iii) the need for a monitoring program for the coastal waters that are
  the subject of the recommendation; and
  (iv) such other factors as the Task Force considers appropriate.
  (2) MONITORING PROGRAM-
  (A) SUBMISSION TO TASK FORCE- Each regional team shall submit a proposed
  coastal water quality monitoring program to the Task Force.
  (B) REVIEW AND APPROVAL- Not later than 60 days after receiving a proposed
  program, the Task Force shall review the proposed program and approve it
  if it meets the requirements of this section or recommend to the regional
  team modifications and return the proposed program to the regional team.
  (C) MODIFICATIONS- Not later than 60 days after receiving a proposed program
  returned by the Task Force under subparagraph (B), a regional team shall
  make the appropriate changes to the proposed program and resubmit the
  proposed program to the Task Force.
  (D) DEVELOPMENT BY EPA- If a regional team does not submit a proposed program
  which is approvable under this section, the Administrator may, in cooperation
  with the Under Secretary and in consultation with the affected Governors,
  develop such a program in accordance with the requirements of this section.
  (3) FUNDING-
  (A) FEDERAL FUNDING- Coastal water quality monitoring programs approved
  under this subsection may be implemented with amounts made available under
  section 604.
  (B) MINIMUM STATE SHARE- The Task Force shall not approve any proposed
  coastal water quality monitoring program under this section unless
  participating States provide at least 25 percent of the estimated cost of
  implementing the program.
  (e) SEDIMENT ASSESSMENT- In addition to the requirements of subsection (b),
  each regional team established by subsection (a) shall compile existing
  information, and supplement it where possible with additional surveys and
  monitoring, on (1) the quantity, type, and location of contaminated sediments
  in coastal waters, and (2) the degree to which such contaminated sediments
  may pose risks to human health and the environment. Such information
  shall be provided to the Task Force within 18 months after the date of
  the enactment of this Act and from time to time thereafter.
SEC. 406. COMPLIANCE AND ENFORCEMENT.
  (a) ENFORCEMENT-
  (1) JOINT RESPONSIBILITY- The Administrator, the Under Secretary, and
  the Governor of each participating State shall ensure compliance with a
  coastal water quality monitoring program developed under section 405.
  (2) THROUGH OTHER PROGRAMS- The requirements of a coastal water quality
  monitoring program developed under section 405--
  (A) are deemed to be requirements of title I of the Marine Protection,
  Research, and Sanctuaries Act of 1972 for purposes of section 105 of that
  Act (33 U.S.C. 1415); and
  (B) shall be submitted for approval as part of any relevant coastal zone
  management program under section 306(g) of the Coastal Zone Management
  Act of 1972 (16 U.S.C. 1455(g)).
  (b) INCORPORATION INTO DISCHARGE PERMITS- The Administrator or a State
  permitting authority shall, upon the development of a coastal water quality
  monitoring program under section 402 and after notice and opportunity
  for public comment, incorporate into the appropriate discharge permits
  the applicable monitoring requirements specified by the program. The
  incorporation is deemed to be a minor modification of such permit.
SEC. 407. INVENTORIES.
  (a) COASTAL COMBINED SEWER OVERFLOWS- Not later than 2 years after the
  date of the enactment of this Act, the Administrator, based on information
  provided by the States, shall transmit to Congress a report containing
  a list of combined sewer overflows from which discharges into the coastal
  waters of the United States occur, including the location of such overflows,
  the amount and nature of such discharges, and the effects of such discharges
  on water quality.
  (b) CONTAMINATED SEDIMENTS- Not later than 2 years after the date of the
  enactment of this Act, the Administrator, in consultation with other Federal
  agencies, shall report to Congress on the scope and severity of contaminated
  sediments in coastal waters of the United States. The report shall--
  (1) compile existing information on the quantity, type, and location of
  contaminated sediments and the degree to which such contaminated sediments
  may pose risks to human health and the evironment;
  (2) supplement existing information where possible with new surveys and
  analyses by which to assess the scope and severity of contaminated sediments
  in coastal waters;
  (3) incorporate information and assessments on contaminated sediments
  developed by the regional monitoring teams under section 405(e); and
  (4) assess the degree to which existing dredging or remedial programs will
  address adequately such risks, the need for the development of additional
  remedial efforts or management practices, and the costs of such efforts
  and practices.
TITLE V--COMPLIANCE AND ENFORCEMENT
SEC. 501. PURPOSE.
  The purpose of this title is to increase compliance with Federal and State
  water pollution control requirements for coastal areas, by strengthening--
  (1) the sanctions for noncompliance;
  (2) penalties so as to create economic incentives for complying with
  Federal coastal pollution control laws.
SEC. 502. FEDERAL PROCUREMENT.
  (a) IDENTIFICATION OF VIOLATORS- The Administrator shall identify and provide
  to Federal agencies a list of those persons introducing pollutants into
  coastal waters who have been found by the Administrator, in consultation
  with appropriate State permitting authorities, to be--
  (1) in significant noncompliance with discharge permits issued pursuant to
  section 402 of the Clean Water Act (33 U.S.C. 1342) by the Administrator
  or a State permitting authority;
  (2) in significant noncompliance with requirements established by an approved
  management program developed pursuant to section 319 of the Clean Water Act
  (33 U.S.C. 1329); or
  (3) in significant noncompliance with comprehensive conservation and
  management plan approved under section 320 of the Clean Water Act (33
  U.S.C. 1330).
The Administrator shall revise this list annually.
  (b) ELIGIBILITY FOR FEDERAL CONTRACTS-
  (1) GENERAL RULE- Except as provided in paragraph (2), no Federal agency
  may enter into any contract with any person included in a list under
  subsection (a), for the procurement of goods, materials, or services,
  if the contract is to be performed at any facility which gave rise to the
  finding made by the Administrator under subsection (a) and which is owned,
  leased, operated, or supervised by that person.
  (2) PRESIDENTIAL EXEMPTIONS- The President may provide exemptions from
  the prohibitions in paragraph (1) when the President determines that such
  exemptions will be in the paramount interest of the United States.
  (c) DURATION OF PROHIBITION- The prohibition in subsection (b) shall continue
  in effect for a person until the Administrator certifies that the condition
  giving rise to the finding in subsection (a) has been corrected.
  (d) REGULATIONS- Each Federal agency shall review and revise its procurement
  procedures and regulations as necessary to implement the requirements of
  this title.
SEC. 503. LIMITATIONS ON FEDERAL DEVELOPMENT PROJECTS AND FINANCIAL ASSISTANCE.
  (a) FEDERAL PROJECTS AND ASSISTANCE- Except as provided in subsection
  (e), no Federal agency may undertake any development project, or award any
  grant for any activity, that may adversely affect coastal water quality,
  in any coastal State which the Administrator finds, under regulations issued
  after notice and public comment, has demonstrated a pattern of substantial
  and willful failure to adopt, attain, and maintain coastal water quality
  standards and protect designated uses for coastal waters of the State in
  accordance with this Act and the Clean Water Act.
  (b) IDENTIFICATION OF VIOLATORS- The Administrator shall provide annually
  to the heads of all affected agencies the information necessary to implement
  subsection (a).
  (c) DURATION OF PROHIBITION- The prohibition in subsection (a) shall
  continue in effect with respect to a coastal State or an area until the
  Administrator certifies to the coastal State and affected Federal agencies
  that the conditions giving rise to the finding made pursuant to subsection
  (a) with respect to that State or area have been corrected and the applicable
  coastal water quality standards are being achieved.
  (d) REGULATIONS-
  (1) PROMULGATION- The Administrator shall promulgate regulations, after
  notice and public comment, that identify the types of development projects
  or grants that are subject to the requirements of subsection (a).
  (2) FEDERAL AGENCY REVIEWS- After the issuance of regulations under paragraph
  (1), each Federal agency which administers development projects or grants
  that are subject to this section shall review and revise as necessary
  their procedures and regulations governing those projects or grants to
  comply with the requirements of this section.
  (e) EXCEPTION- Subsection (a) shall not apply to any Federal development
  project or grant--
  (1) the direct and principal purpose of which relates to public health,
  public safety, or improvement of coastal water quality as determined by
  the Administrator in consultation with other affected Federal agencies; or
  (2) that the President determines to be in the paramount interest of the
  United States to carry out.
SEC. 504. FEDERAL FACILITY COMPLIANCE.
  Section 313 of the Clean Water Act shall apply to any substantive or
  procedural requirement of this Act against any Federal department, agency,
  or instrumentality discharging pollutants into coastal waters.
SEC. 505. ELIMINATION OF ECONOMIC INCENTIVES.
  (a) PENALTIES UNDER THE CLEAN WATER ACT- Section 309 of the Clean Water Act
  (33 U.S.C. 1319) is amended by adding at the end the following:
  `(h) Notwithstanding any limitation on the amount of a penalty under this
  section, any penalty assessed by the Administrator or a court in a civil
  action against a person discharging pollutants into coastal waters for a
  violation of applicable effluent limitations or other permit requirements
  shall, where possible, be in an amount adequate to eliminate any economic
  benefit or savings, including interest, that may have accrued to that
  person as a result of the violation.'.
  (b) PENALTIES UNDER THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT
  OF 1972- Section 105 of the Marine Protection, Research, and Sanctuaries
  Act of 1972 (33 U.S.C. 1415) is amended by adding at the end the following:
  `(i) Notwithstanding any limitation on the amount of a penalty under this
  section, in assessing any penalty in a civil action for a violation under
  this section, the Administrator or the court shall seek where possible to
  assess a penalty in an amount sufficient to eliminate any economic benefit
  or savings, including interest, that may have accrued to the violator as
  a result of the violation.'.
SEC. 506. POSTING OF COASTAL WATERS.
  (a) REQUIREMENTS- Each State that has coastal waters within its boundaries
  that do not meet applicable water quality standards or do not protect or
  maintain designated uses shall, either directly or through local authorities,
  post and maintain clearly visible signs at major places of public access
  to those waters (including public roads, public beaches, public parks,
  public recreation areas, and public marinas and boat launching areas)
  indicating the principal health and environmental effects that may occur
  as a result of the failure to meet those standards. The sign shall be
  maintained until the particular body of water is in compliance with all
  applicable water quality standards.
  (b) GUIDANCE- Within 6 months after the date of the enactment of this Act,
  the Administrator shall issue guidance to States on the requirements of
  subsection (a).
SEC. 507. ENFORCEMENT.
  Any violation of the requirements of this Act is deemed to be a violation
  of the Clean Water Act.
SEC. 508. OCEAN DUMPING ENFORCEMENT.
  Title I of the Marine Protection, Research, and Sanctuaries Act of 1972
  is amended as follows:
  (1) Section 101(a) (33 U.S.C. 1411(a)) is amended--
  (A) by inserting `any material' after `no person shall transport' in
  paragraphs (1) and (2);
  (B) by inserting `for any purpose that includes dumping it into ocean
  waters or dump any material into ocean waters' after `from the United
  States' in paragraph (1);
  (C) by inserting `for any purpose that includes dumping it into ocean waters
  or dump any material into ocean waters' at the end of paragraph (2); and
  (D) by striking `any material for the purpose of dumping it into ocean
  waters'.
  (2) Section 102 (33 U.S.C. 1412) is amended by adding at the end the
  following:
  `(g) The Administrator may deny the issuance of permits under this section
  for the dumping of material which does not comply with the criteria
  established under subsection (a) relating to the effects of ocean dumping
  on the marine environment.'.
  (3) Section 105 (33 U.S.C. 1415) is amended in subsection (a) by striking
  `$50,000 for each violation to be assessed by the Administrator' and
  inserting `$75,000 for each violation to be assessed by the Administrator,
  except the maximum amount of any penalty under this paragraph shall not
  exceed $200,000'.
  (4) Section 105 (33 U.S.C. 1415) is amended by adding at the end the
  following:
  `(j) From the sums recovered as penalties or fines under this title,
  the Administrator may permit the payment of no more than $10,000 to any
  person who furnished information which leads to an administrative finding
  of liability, civil judgment, or criminal conviction under this title.'.
TITLE VI--FUNDING
SEC. 601. PURPOSES.
  The purposes of this title are to establish a Coastal Defense Fund in
  the United States Treasury and authorize establishment of State coastal
  protection funds to preserve and protect coastal water quality.
SEC. 602. COASTAL DEFENSE FUND.
  (a) ESTABLISHMENT OF FUND- (1) There is hereby established in the Treasury
  of the United States a fund, to be known as the `Coastal Defense Fund',
  consisting of such amounts as may be deposited into it or transferred
  to it pursuant to this title. Amounts in the Fund shall remain available
  until expended, subject to appropriation, to carry out section 603.
  (2) The Secretary of the Treasury shall invest such portion of the Fund as
  may remain unobligated in any fiscal year in interest-bearing obligations
  of the United States. The interest on, and the proceeds from the sale of,
  the interest-bearing obligations shall be deposited into and become a part
  of the Fund.
  (b) PAYMENTS INTO THE COASTAL DEFENSE FUND- Notwithstanding any other
  provision of law, the following amounts shall be credited to the Fund:
  (1) Amounts required to be deposited into the Fund under section 604.
  (2) Amounts required to be deposited into the Fund under section 605.
  (c) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
  to the Fund $150,000,000 per fiscal year less such amounts as are to be
  credited to the Fund under subsection (b) in such fiscal year.
SEC. 603. STATE GRANTS.
  (a) ANNUAL GRANTS- The Administrator and the Under Secretary shall make
  annual grants from amounts in the Coastal Defense Fund allocated under
  subsection (c), to a coastal State that--
  (1) establishes a coastal protection fund into which it will deposit grants
  under this section;
  (2) agrees to make grants and other expenditures from that fund in accordance
  with the requirements of this section; and
  (3) agrees to implement such periodic reporting and accounting procedures
  as the Administrator considers appropriate.
  (b) AMOUNT OF GRANTS- The amount of each grant to a State under this
  section shall be determined by the Administrator and the Under Secretary,
  taking into consideration, among other matters, the following:
  (1) Identification by the State of coastal waters under section 304(n)
  of the Clean Water Act or section 204 of this Act.
  (2) The extent and nature of development of the shoreline and area of the
  State's coastal zone.
  (3) Existing and projected trends in population in the State's coastal zone.
  (4) Participation by the State in the regional monitoring program under
  title IV of this Act.
  (5) Participation by the State in a program approved pursuant to section
  306B of the Coastal Zone Management Act of 1972.
  (c) ALLOCATION- (1) Amounts in the Coastal Defense Fund available for
  grants under this section shall be allocated as follows:
  (A) 30 percent shall be used by the Administrator for grants to coastal
  States under subsection (b) for the following purposes:
  (i) Developing, implementing, and enforcing Coastal Water Quality Protection
  Programs under section 304(n) of the Clean Water Act.
  (ii) Identifying and implementing requirements for outstanding coastal
  resource waters pursuant to section 204 of this Act.
  (B) 30 percent shall be used by the Under Secretary for grants to coastal
  States under subsection (b) for the purposes of preparing and implementing
  Aquatic Resources Protection Programs under section 306B of the Coastal
  Zone Management Act of 1972.
  (C) 20 percent shall be used by the Administrator, in consultation with
  the Under Secretary, for grants to coastal States to implement regional
  monitoring programs authorized by title IV of this Act.
  (D) 10 percent shall be used by each of the Administrator and the Under
  Secretary to fulfill the requirements of this Act.
  (2) Within 6 months after the date of the enactment of this Act, the
  Administrator and the Under Secretary shall enter into an agreement to
  establish the mechanisms by which they will coordinate their responsibilities
  under this title so as to ensure the best overall use of the funds allocated
  under this subsection to maximize improvements in coastal water quality
  and achieve the purposes of this Act.
  (3) Before making grants under this subsection to a coastal State, the
  Administrator or the Under Secretary, as appropriate, shall enter into an
  agreement with the State which describes how such grants will be used and
  how such grants will assist in achieving the objectives of this Act. Each
  agreement shall--
  (A) prohibit the use of funds received by a State under this section, to
  supplant non-Federal funds that would otherwise be available for purposes
  described in this section;
  (B) require that a coastal State shall expend annually for activities
  carried out with the grant an amount of non-Federal funds at least equal
  to such expenditures during the preceding fiscal year; and
  (C) require the coastal State to contribute to activities funded with a grant
  under this section an amount from non-Federal sources equal to 25 percent of
  the total amount of grants to the State under this section for that activity.
SEC. 604. FINES, PENALTIES, AND OTHER PAYMENTS.
  (a) IN GENERAL- Subject to subsection (b) and notwithstanding any other
  provision of law, any penalty, fine, or other payments assessed--
  (1) pursuant to section 309 or 505 of the Clean Water Act (33 U.S.C. 1319,
  1365) against a discharger into coastal waters; or
  (2) under section 105 of the Marine Protection, Research, and Sanctuaries
  Act of 1972 (16 U.S.C. 1375);
shall be deposited into the Coastal Defense Fund established under section 602.
  (b) LIMITATION- Subsection (a) does not apply to--
  (1) amounts awarded as costs of litigation pursuant to section 505 of the
  Clean Water Act; or
  (2) amounts reserved to finance environmental credit projects.
SEC. 605. OUTER CONTINENTAL SHELF REVENUES.
  Notwithstanding any other provision of law, beginning with fiscal year
  1991 and for each fiscal year thereafter, the Secretary of the Treasury
  shall deposit into the Coastal Defense Fund established under section 602
  an amount equal to 10 percent of the amount by which--
  (1) all sums deposited into the Treasury of the United States pursuant to
  sections 7 and 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1336
  and 1338) for such fiscal year; exceeded
  (2) all sums deposited into the Treasury pursuant to sections 7 and 9 of
  that Act for fiscal year 1989.
Deposits under this section into the Coastal Defense Fund for a fiscal year
shall be made not later than 60 days after the end of the fiscal year.
TITLE VII--GREAT LAKES WATER QUALITY IMPROVEMENT
SEC. 701. SHORT TITLE.
  This title may be cited as the `Great Lakes Water Quality Improvement Act
  of 1990'.
SEC. 702. AMENDMENTS TO FEDERAL WATER POLLUTION CONTROL ACT.
  (a) PURPOSES- Subsection (a)(2) of section 118 of the Clean Water Act
  (33 U.S.C. 1268) is amended to read as follows:
  `(2) PURPOSES- The purposes of this section are as follows:
  `(A) To achieve the goals of the Great Lake Agreement and to accelerate
  implementation of such Agreement 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.
  `(B) To promote a better understanding of the effects of toxic pollutants
  on the Great Lakes ecosystem and the food chain in the Great Lakes and
  the implications of such effects on human health.
  `(C) To accelerate development of Great Lakes specific water quality
  standards.
  `(D) To accelerate contaminant sediments cleanup in the Great Lakes.'.
  (b) DEFINITIONS- Subsection (a)(3) of such section is amended--
  (1) by redesignating subparagraphs (C), (D), and (E), and any reference
  thereto, as subparagraphs (E), (F), and (G), respectively; and
  (2) by inserting after subparagraph (B) the following new subparagraphs:
  `(C) `Great Lakes Agreement' means the Great Lakes Water Quality Agreement
  of 1978 between the United States and Canada and any amendments thereto;
  `(D) `Great Lakes State' means the States of Illinois, Indiana, Michigan,
  Minnesota, New York, Ohio, Pennsylvania, and Wisconsin;'.
  (c) SURVEILLANCE AND MONITORING- Subsection (c)(1)(B) of such section
  is amended by inserting `including monitoring necessary to implement the
  Great Lakes Agreement,' after `quality of the Great Lakes,'.
  (d) DEMONSTRATION PROJECTS- Subsection (c)(3) of such section is amended--
  (1) by striking `5-YEAR' and inserting `7-YEAR';
  (2) by striking `five-year' and inserting `7-year'; and
  (3) by inserting `Duluth Superior Harbor, Minnesota and Wisconsin;' after
  `Sheboygan Harbor, Wisconsin;'.
  (e) SPECIFIC WATER QUALITY STANDARDS; REMEDIAL ACTION AND LAKEWIDE
  MANAGEMENT PLANS- Subsection (c) of such section is amended by redesignating
  paragraphs (5) and (6), and any reference thereto, as paragraphs (8) and
  (9), respectively, and by inserting after paragraph (4) the following
  new paragraphs:
  `(5) GREAT LAKES SPECIFIC WATER QUALITY STANDARDS-
  `(A) DEVELOPMENT AND PUBLICATION OF PROPOSED GUIDANCE- Not later than
  1 year after the date of the enactment of the Great Lakes Water Quality
  Improvement Act of 1990, the Administrator, in consultation with the Great
  Lakes States, shall develop in accordance with applicable provisions of
  section 304 of this Act and consistent with articles II and V and annex
  1 of the Great Lakes Agreement and publish in the Federal Register--
  `(i) proposed guidance for numerical limits on pollutant concentrations
  in the Great Lakes to protect human health and the biological integrity of
  the Great Lakes (including aquatic life and wildlife) for those pollutants
  (including pollutants listed in the 1986 Working List published in the
  1987 Water Quality Board Report to the International Joint Commission) that
  the Administrator determines need such guidance and guidance described in
  clause (ii) because of their physical and chemical properties or because
  of physical and chemical properties of the Great Lakes; and
  `(ii) proposed guidance for use by State and local governments with respect
  to implementing procedures (including control of point and nonpoint sources
  of pollution), antidegradation, and pollution prevention for pollutants
  for which the Administrator has developed guidance under clause (i).
  `(B) FINAL GUIDANCE- Not later than 30 months after the date of the enactment
  of the Great Lakes Water Quality Improvement Act of 1990, the Administrator
  shall publish in the Federal Register final guidance described in clauses
  (i) and (ii) of subparagraph (A).
  `(C) MINIMUM NUMERICAL LIMITS- The guidance for numerical limits on pollutant
  concentrations in the Great Lakes developed under this paragraph shall be
  no less stringent than criteria developed under section 304(a).
  `(D) REVIEW AND REVISION- At least triennially after publication of guidance
  under subparagraph (B), the Administrator shall review and revise in
  accordance with this paragraph the guidance published under subparagraph (B)
  based on the latest scientific knowledge and shall publish such revisions
  in the Federal Register. Such revisions may include establishment of
  new guidance.
  `(E) ADOPTION BY STATES- The Great Lakes States shall adopt water quality
  standards for the Great Lakes which, at a minimum, are consistent with the
  guidance published by the Administrator under subparagraphs (B) and (D)
  not later than 3 years following the date of such publication. Such water
  quality standards shall be developed in accordance with the requirements
  of section 303(c) and shall be consistent with articles II and V, annex 1,
  and other applicable provisions of the Great Lakes Agreement. The Great Lakes
  States shall incorporate such standards into all programs which such States
  would incorporate water quality standards adopted under section 303(c).
  `(F) FAILURE OF STATES TO ADOPT- If a Great Lakes State has not complied
  with subparagraph (E) by the last day of the 3-year period beginning on the
  date of publication of guidance by the Administrator under subparagraphs
  (B) and (D), the Administrator shall promulgate water quality standards
  for the Great Lakes for the State under applicable provisions of section
  303. The water quality standards shall be consistent with such guidance. The
  State shall use the standards issued by the Administrator in implementing
  all programs for which water quality standards are used.
  `(G) BIOLOGICAL CRITERIA- Not later than 30 months after the date of
  the enactment of the Great Lakes Water Quality Improvement Act of 1990,
  and from time to time thereafter, the Administrator shall develop and
  publish biological criteria for assessing Great Lakes water quality. Such
  criteria shall complement guidance published by the Administrator under
  subparagraphs (B) and (D). A State is not required under this paragraph
  to adopt such criteria.
  `(6) REMEDIAL ACTION PLANS-
  `(A) DEVELOPMENT- For places designated by the United States as `areas of
  concern' pursuant to the Great Lakes Agreement, the Great Lakes States
  shall develop remedial action plans in accordance with annex 2 of the
  Great Lakes Agreement.
  `(B) TECHNICAL ASSISTANCE- The Program Office shall provide technical
  assistance to the Great Lakes States for developing remedial action plans
  under this paragraph.
  `(C) SUBMISSION TO IJC AND DIRECTOR OF PROGRAM OFFICE-
  `(i) IN GENERAL- Each Great Lakes State shall submit remedial action plans
  developed by such State to the International Joint Commission and to the
  Director of the Program Office for review in accordance with the 3-staged
  schedule set forth in annex 2(4)(d) of the Great Lakes Agreement.
  `(ii) DEADLINE FOR AREAS OF CONCERN DESIGNATED BEFORE DATE OF ENACTMENT-
  Except as provided in subparagraph (D), for areas of concern designated by
  the United States before the date of the enactment of the Great Lakes Water
  Quality Improvement Act of 1990, a Great Lakes State shall complete stage
  1 of the schedule set forth in annex 2(4)(d) of the Great Lakes Agreement
  by June 1, 1992, and stage 2 by June 1, 1994.
  `(iii) DEADLINE FOR AREAS OF CONCERN DESIGNATED AFTER DATE OF ENACTMENT-
  Except as provided in subparagraph (D), for areas of concern designated
  by the United States on or after the date of the enactment of the Great
  Lakes Water Quality Improvement Act of 1990, a Great Lakes State shall
  complete stage 1 of the schedule set forth in annex 2(4)(d) of the Great
  Lakes Agreement not later than the last day of the 3-year period beginning
  on the date of the designation and stage 2 not later than the last day of
  the 5-year period beginning on such date.
  `(D) REQUESTS FOR DEADLINE EXTENSIONS-
  `(i) IN GENERAL- The Governor of a Great Lakes State may submit to the
  Director of the Program Office a request for extension of a deadline
  established by subparagraph (C). Any such request shall be submitted to
  the Director at least 1 year before the date of such deadline.
  `(ii) REQUIREMENTS- A request for extension of a deadline shall contain
  an explanation of the need for the extension and an alternate schedule
  for completion of stage 1 and stage 2 of the schedule set forth in annex
  2(4)(d) of the Great Lakes Agreement.
  `(iii) CONSULTATION WITH LOCAL OFFICIALS AND CITIZENS- A request for
  extension of a deadline shall be developed by the Governor of a Great
  Lakes State in consultation with local officials and citizens involved in
  the development of the remedial action plan.
  `(iv) NOTICE AND PUBLIC COMMENT- At least 60 days before the date of
  submission to the Director of the Program Office of a request for extension
  of a deadline, the Governor of a Great Lakes State shall provide notice to
  the public of such request and shall solicit public comments. Any comments
  received by the Governor pursuant to this clause shall be submitted to
  the Director together with such request.
  `(v) FACTORS FOR REVIEW- In reviewing a request for extension of a deadline,
  the Director of the Program Office shall consider the availability of
  funds for developing the remedial action plan, citizen comments, and
  whether compliance with the deadline established by subparagraph (C)
  is reasonable under the circumstances.
  `(vi) APPROVAL OR DENIAL- The Administrator, acting through the Director
  of the Program Office, shall approve or deny a request for extension
  of a deadline not later than the 60th day after the date of receipt of
  the request.
  `(E) REVIEW AND REVISION- Based on comments published by the International
  Joint Commission evaluating whether a plan submitted by a State under
  subparagraph (C) meets the requirements of annex 2(4)(a) of the Great
  Lakes Agreement, the Director of the Program Office shall notify the State
  of any deficiencies in the plan and the State shall promptly revise the
  plan accordingly. A stage of a plan shall not be considered complete for
  the purposes of subparagraph (C) until the Administrator, acting through
  the Director of the Program Office, has determined that such stage meets
  applicable requirements of annex 2(4)(a) of the Great Lakes Agreement.
  `(F) INCLUSION IN WATER QUALITY PLAN- Each Great Lakes State shall include
  in its water quality plan under section 303(e) remedial actions described
  in each remedial action plan developed by it under this paragraph.
  `(7) LAKEWIDE MANAGEMENT PLANS-
  `(A) DEVELOPMENT- The Administrator, in consultation with the Great Lakes
  States and after providing notice and opportunity for public hearings and
  comment, shall develop for each of the Great Lakes a lakewide management
  plan for the purpose of implementing annex 2 of the Great Lakes Agreement.
  `(B) CONSULTATION WITH CANADA- The Administrator shall develop the management
  plan for each Great Lake (other than Lake Michigan) in conjunction with
  the Administrator's counterpart in the Government of Canada.
  `(C) SUBMISSION TO IJC- The Administrator shall submit the management plan
  developed under this paragraph for Lake Michigan to the International Joint
  Commission for review in accordance with the 4-staged schedule set forth
  in annex 2(6)(c) of the Great Lakes Agreement. The Administrator shall
  complete stage 1 of such schedule by June 1993, stage 2 by June 1994,
  and stage 3 by June 1995.
  `(D) REVISION- If the International Joint Commission finds that a plan
  submitted for review under subparagraph (C) does not meet the requirements
  of annex 2(6)(a) and (b) of the Great Lakes Agreement and notifies the
  Administrator of such deficiencies, the Administrator shall revise such
  plan and implementation of such plan accordingly or publish an explanation
  of why such revisions are not necessary.'.
  (f) COMPREHENSIVE REPORT- Subsection (c)(9) of such section, as redesignated
  by subsection (e) of this section, is amended--
  (1) by striking `and' at the end of subparagraph (C);
  (2) by striking the period at the end of subparagraph (D)(ii) and inserting
  a semicolon; and
  (3) by adding at the end the following new subparagraphs:
  `(E) describes the progress made in such preceding fiscal year in developing
  and implementing guidance for numerical limits on pollutant concentrations
  in the Great Lakes under paragraph (5);
  `(F) describes the progress made in such preceding fiscal year in developing
  and implementing remedial action plans under paragraph (6); and
  `(G) describes the progress made in such preceding fiscal year in developing
  and implementing lakewide management plans under paragraph (7).'.
  (g) STATE GRANT PROGRAM; CONSISTENCY IN REPORTING- Such section is further
  amended by redesignating subsections (g) and (h), and any reference thereto,
  as subsections (i) and (j), respectively, and by inserting after subsection
  (f) the following new subsections:
  `(g) GRANT PROGRAM-
  `(1) ESTABLISHMENT- The Administrator shall establish a program for making
  grants to Great Lakes States to implement the Great Lakes Agreement and
  to carry out the objectives of this section.
  `(2) PLAN- In order to receive a grant under this section, a State must
  submit to the Administrator a multiyear plan--
  `(A) for utilizing Federal assistance provided under the grant; and
  `(B) for implementing the Great Lakes Agreement and complying with this
  section.
The plan shall include a timetable for complying with subsection (c)(5),
relating to Great Lakes specific water quality standards, a timetable for
complying with subsection (c)(6), relating to remedial action plans, and an
estimate of the cost the State will incur in implementing the Great Lakes
Agreement and complying with this section.
  `(3) FEDERAL SHARE- The Federal share of the cost of activities carried
  out with a grant under this section shall be 50 percent.
  `(h) CONSISTENCY IN REPORTING- Not later than 2 years after the date of
  the enactment of the Great Lakes Water Quality Improvement Act of 1990,
  the Administrator, in cooperation with the Great Lakes States and the
  counterpart to the Administrator in the Government of Canada, shall develop
  consistent methods of reporting water quality data required to be submitted
  to the International Joint Commission under the Great Lakes Agreement.'.
  (h) AUTHORIZATION OF APPROPRIATIONS- Subsection (j) of such section,
  as redesignated by subsection (g) of this section, is amended to read
  as follows:
  `(j) AUTHORIZATIONS OF GREAT LAKES APPROPRIATIONS-
  `(1) FISCAL YEARS 1987-1991- There are authorized to be appropriated to
  the Administrator to carry out this section not to exceed $11,000,000 per
  fiscal year for the fiscal years 1987, 1988, 1989, 1990, and 1991. Of the
  amounts appropriated each fiscal year--
  `(A) 40 percent shall be used by the Program Office on demonstration
  projects on the feasibility of controlling and removing toxic pollutants;
  `(B) 7 percent shall be used by the Program Office for the program of
  nutrient monitoring; and
  `(C) 30 percent shall be transferred to the National Oceanic and Atmospheric
  Administration for use by the Great Lakes Research Office.
  `(2) FISCAL YEARS 1992-1997- There are authorized to be appropriated to the
  Administrator to carry out this section not to exceed $30,000,000 per fiscal
  year for each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997. Of
  the amounts appropriated each fiscal year, $6,000,000 shall be used by
  the Program Office for establishment of a monitoring surveillance network
  under subsection (c)(1)(B). Of remaining amounts for such fiscal year--
  `(A) 30 percent shall be used by the Program Office for carrying out
  studies and demonstration projects under subsection (c)(3);
  `(B) 8 percent shall be used for development of water quality guidance
  under subsection (c)(5);
  `(C) 10 percent shall be used by the Program Office for providing technical
  assistance to States in developing remedial action plans under subsection
  (c)(6) and for development of lakewide management plans under subsection
  (c)(7); and
  `(D) 42 percent shall be used for grants to States under subsection (g).'.
SEC. 703. NAMING OF LABORATORY AND RESEARCH FACILITY LOCATED AT DULUTH,
MINNESOTA.
  (a) DESIGNATION- The laboratory and research facility located at Duluth,
  Minnesota, and established pursuant to section 104(e) of the Clean Water
  Act (33 U.S.C. 1254(e)) shall hereafter be known and designated as the
  `John A. Blatnik National Fresh Water Quality Research Laboratory'.
  (b) REFERENCES- Any reference in a law, map, regulation, document, paper,
  or other record of the United States to the laboratory and research facility
  referred to in subsection (a) shall be deemed to be a reference to the
  `John A. Blatnik National Fresh Water Quality Research Laboratory'.
TITLE VIII--EXTENSION OF FEDERAL WATER POLLUTION CONTROL PROGRAM
SEC. 801. RESEARCH AND INVESTIGATIONS.
  (a) IN GENERAL- Section 104(u)(1) of the Clean Water Act (33
  U.S.C. 1254(u)(1)) is amended by striking `and' after `1985,' and by
  inserting after `1990,' the following: `and such sums as may be necessary
  for fiscal years 1991 and 1992,'.
  (b) FORECASTING- Section 104(u)(2) of the Clean Water Act (33
  U.S.C. 1254(u)(2)) is amended by striking `and' after `1985,' and by
  inserting after `1990,' the following: `and such sums as may be necessary
  for fiscal years 1991 and 1992,'.
SEC. 802. GRANTS FOR PROGRAM ADMINISTRATION.
  Section 106(a)(2) of the Clean Water Act (33 U.S.C. 1256(a)(2)) is amended
  by striking `and' after `1985,' and by inserting after `1990' the following:
  `, and such sums as may be necessary for fiscal years 1991 and 1992'.
SEC. 803. RURAL CLEAN WATER.
  Section 208(j)(9) of the Clean Water Act (33 U.S.C. 1288(j)(9)) is amended
  by striking `1990,' and inserting `1992,'.
SEC. 804. INTERAGENCY AGREEMENTS.
  Section 304(k)(3) of the Clean Water Act (33 U.S.C. 1314(k)(3)) is amended
  by striking `1990' and inserting `1992'.
SEC. 805. CLEAN LAKES.
  Section 314(c)(2) of the Clean Water Act (33 U.S.C. 1324(c)(2)) is amended--
  (1) by striking `1985, and' and inserting `1985,'; and
  (2) by striking `1990' and inserting `1990, and such sums as may be
  necessary for fiscal years 1991 and 1992'.
SEC. 806. NONPOINT SOURCE.
  Section 319(j) of the Clean Water Act (33 U.S.C. 1329(j)) is amended by
  striking `and' after `1990,' and by inserting after `1991' the following:
  `, and such sums as may be necessary for fiscal year 1992'.
SEC. 807. GENERAL AUTHORIZATION.
  Section 517 of the Clean Water Act (33 U.S.C. 1376) is amended by striking
  `and' after `1985,' and by inserting after `1990' the following: `, and
  such sums as may be necessary for fiscal years 1991 and 1992'.
SEC. 808. ALLOTMENT OF STATE REVOLVING LOAN FUNDS.
  Section 604(a) of the Clean Water Act (33 U.S.C. 1384(a)) is amended by
  striking `and 1990' and inserting `through 1992'.
SEC. 809. AUTHORIZATION OF APPROPRIATIONS FOR STATE REVOLVING LOAN PROGRAM.
  Section 607(3) of the Clean Water Act (33 U.S.C. 1387(3)) by striking
  `$1,800,000,000' and inserting `$2,000,000,000'.
SEC. 810. DEMONSTRATION PROJECT.
  (a) PROJECT DESCRIPTION- Notwithstanding any other provision of law, the
  Administrator, in consultation with the Secretary of the Army, shall conduct
  a project to demonstrate the use of constructed wetlands to improve the
  quality of effluent discharged from publicly owned treatement works operated
  by the city of Fayetteville, Arkansas, into Mud Creek or its tributaries.
  (b) NON-FEDERAL RESPONSIBILITIES- For the project conducted under subsection
  (a), the non-Federal interest shall agree--
  (1) to provide, without cost to the United States, all lands, easements,
  rights-of-way, relocations, and dredged material disposal areas necessary
  for construction and subsequent research and demonstration work;
  (2) to hold and save the United States free from damages due to construction,
  operation, and maintenance of the project, except damages due to the fault
  or negligence of the United States or its contractors; and
  (3) to operate and maintain the restored or constructed wetlands in
  accordance with good management practices; except that nothing in this
  paragraph shall be construed as precluding a Federal agency from agreeing
  to operate and maintain the restored or reconstructed wetlands.
The value of the non-Federal lands, easements, rights-of-way, relocations,
and dredged material disposal areas provided by the non-Federal interest shall
be credited toward the non-Federal share of project design and construction
costs. The non-Federal share of project design and construction costs shall
be 25 percent.
  (c) AUTHORIZATION OF APPROPRIATION- There are authorized to be appropriated
  such sums as may be necessary to carry out this section.