TITLE III--STANDARDS AND ENFORCEMENT

SEC. 319. NONPOINT SOURCE MANAGEMENT PROGRAMS.

(a) State Assessment Report.--

(1) Contents.--Section 319(a)(1)(C) (33 U.S.C. 1329(a)(1)(C)) is amended by striking "best management practices and".

(2) Information used in preparation.--Section 319(a)(2) is amended--

(A) by inserting, "reviewing, and revising" after "developing" and

(B) by striking "section" the first place it appears and inserting "subsection".

(3) Review and revision.--Section 319(a) is amended by adding at the end the following: "(3) Review and revision.--Not later than 18 months after the date of the enactment of the Clean Water Amendments of 2000, and every 5 years thereafter, the State shall review, revise, and submit to the Administrator the report required by this subsection.".

(b) State Management Program.--

(1) Term of program.--Section 319(b)(1) is amended by striking "four" and inserting "5".

(2) Contents.--Section 319(b)(2) is amended--

(A) in subparagraph (A)--

(i) by striking "best"

(ii) by striking "paragraph (1)(B)" and inserting "subsection (a)(1)(B)" and

(iii) by inserting "and measure" after "practice"

(B) in subparagraph (B)--

(i) by striking "nonregulatory or regulatory programs for enforcement," and inserting "one or more of the following: voluntary programs, incentive-based programs, regulatory programs, enforceable policies and mechanisms, State management programs approved under section 306 of the Coastal Zone Management Act of 1972," and

(ii) by striking "achieve implementation" and all that follows before the period and inserting "manage categories, subcategories, or particular nonpoint sources to the degree necessary to provide for reasonable further progress toward the goal of attaining water quality standards within 15 years of approval of the State program for those waters identified under subsection (a)(1)(A)"

(C) by striking subparagraph (C) and inserting the following: "(C) A schedule containing interim goals and milestones for making reasonable progress toward the attainment of standards, which may be demonstrated by one or any combination of the following: improvements in water quality (including biological indicators), documented implementation of voluntary nonpoint source control practices and measures, and adoption of enforceable policies and mechanisms."

(D) in subparagraph (D) by striking "A certification of" and inserting "After the date of the enactment of the Clean Water Amendments of 2000, a certification by" and

(E) by adding at the end the following:

"(G) A description of the monitoring or other assessment which will be carried out under the program for the purposes of monitoring and assessing the effectiveness of the program, including the attainment of interim goals and milestones.

(H) An identification of activities on Federal lands in the State that are inconsistent with the State management program.

(I) An identification of goals and milestones for progress in attaining water quality standards, including a projected date for attaining such standards as expeditiously as practicable but not later than 15 years after the date of approval of the State program for each of the waters listed pursuant to subsection (a)."

(3) Utilization of local and private experts.--Section 319(b)(3) is amended by inserting before the period at the end the following: ", including academic institutions, private industry experts, and other individual experts in water resource conservation and planning".

(4) New technologies; use of resources; agricultural programs.--Section 319(b) is amended by adding at the end the following:

"(5) Recognition of new technologies.--In developing and implementing a management program under this subsection, a State may recognize and utilize new practices, technologies, processes, products, and other alternatives.

(6) Efficient and effective use of resources.--In developing and implementing a management program under this subsection, a State may recognize and provide for a methodology which takes into account situations in which management measures used to control one pollutant have an adverse impact with respect to another pollutant. The methodology should encourage the balanced combination of measures which best address the various impairments on the watershed or site.

(7) Recognition of agricultural programs.--Any agricultural producer who has voluntarily developed and is implementing an approved whole farm or ranch natural resources management plan shall be considered to be in compliance with the requirements of a State program developed under this section--

(A) if such plan has been developed under a program subject to a memorandum of agreement between the Chief of the Natural Resources Conservation Service and the Governor, or their respective designees; and

(B) if such memorandum of agreement specifies--

(i) the scope and content of the Natural Resources Conservation Service program (not an individual farm or ranch plan) in the State or regions of the State;

(ii) the terms of approval, implementation, and duration of a voluntary farm or ranch plan for agricultural producers;

(iii) the responsibilities for assessing implementation of voluntary whole farm and ranch natural resource management plans; and

(iv) the duration of such memorandum of agreement.At a minimum, such memorandum of agreement shall be reviewed and may be revised every 5 years, as part of the State review of its management program under this section.''

(c) Submission of Management Programs.--Paragraph (2) of Section 319(c) is amended to read as follows:

"(2) Time period for submission of management programs.--Each management program shall be submitted to the Administrator within 30 months of the issuance by the Administrator of the final guidance under subsection (o) and every 5 years thereafter. Each program submission after the initial submission following the date of the enactment of the Clean Water Amendments of 2000 shall include a demonstration of reasonable further progress toward the goal of attaining water quality standards within 15 years of approval of the State program, including documentation of the degree to which the State has achieved the interim goals and milestones contained in the previous program submission. Such demonstration shall take into account the adequacy of Federal funding under this section."

(d) Approval and Disapproval of Reports and Management Programs.--

(1) Deadline.--Section 319(d)(1) is amended by inserting "or revised report" after "any report".

(2) Disapproval.--Section 319(d)(2) is amended--

(A) in subparagraph (B) by inserting before the semicolon the following: " except that such program or portion shall not be disapproved solely because the program or portion does not include enforceable policies or mechanisms"

(B) in subparagraph (D) by striking "are not adequate" and all that follows before the semicolon and inserting the following: "will not result in reasonable further progress toward the attainment of applicable water quality standards under section 303 as expeditiously as possible but not later than 15 years after approval of the State program" and

(C) in the text following subparagraph (D)--

(i) by striking "3 months" and inserting "6 months" and

(ii) by inserting "or portion thereof" before "within three months of receipt".

(3) Failure to submit report.--Section 319(d)(3) is amended--

(A) by striking "the report" and inserting "a report or revised report"

(B) by striking "30 months" and inserting "18 months" and

(C) by striking "of the enactment of this section" and inserting "on which such report is required to be submitted under subsection (a)".

(4) Program management by the administrator.--Section 319(d) is amended by adding at the end the following: "(4) Failure of state to submit program.--

(A) Program management by the administrator.--If a State fails to submit a management program or revised management program under subsection (b) or the Administrator disapproves such management program, the Administrator shall prepare and implement a management program for controlling pollution added from nonpoint sources to the navigable waters within the State and improving the quality of such waters in accordance with subsection (b).

(B) Notice and hearing.--If the Administrator intends to disapprove a program submitted by a State, the Administrator shall first notify the Governor of the State in writing of the modifications necessary to meet the requirements of this section. The Administrator shall provide adequate public notice and an opportunity for a public hearing for all interested parties.

(C) State revision of its program.--If, after taking into account the level of funding actually provided as compared with the level authorized under subsection (j), the Administrator determines that a State has failed to demonstrate reasonable further progress toward the attainment of water quality standards as required, the State shall revise its program within 12 months of that determination in a manner sufficient to achieve attainment of applicable water quality standards by the deadline established by this Act. If a State fails to make such a program revision or the Administrator disapproves such a revision, the Administrator shall prepare and implement a nonpoint source management program for the State."

(e) Technical Assistance.--Section 319(f) is amended by inserting "and implementing" after "developing".

(f) Grant Program.--

(1) In general.--Section 319(h)(1) is amended--

(A) by amending the paragraph heading to read as follows: "Grants for preparation and implementation of reports and management programs.--"

(B) by striking "for which a report submitted under subsection (a) and a management program submitted under subsection (b) is approved under this section"

(C) by striking "the Administrator shall make grants" and inserting "the Administrator may make grants under this subsection"

(D) by striking "under this subsection to such State" and inserting "to such State"

(E) by striking "implementing such management program" and inserting "preparing a report under subsection (a) and in preparing and implementing a management program under subsection (b)"

(F) by inserting after the first sentence the following: "Grants for implementation of such management program may be made only after such report and management program are approved under this section." and

(G) by adding at the end the following: "The Administrator is authorized to provide funds to a State if necessary to implement an approved portion of a State program or, with the approval of the Governor of the State, to implement a component of a federally established program. The Administrator may continue to make grants to any State with an program approved on the day before the date of the enactment of the Clean Water Amendments of 2000 until the Administrator withdraws the approval of such program or the State fails to submit a revision of such program in accordance with subsection (c)(2)."

(2) Federal share.--Section 319(h)(3) is amended--

(A) by striking "management program implemented" and inserting "report prepared and management program prepared and implemented"

(B) by striking "60 percent" and inserting "75 percent"

(C) by striking "implementing such management program" and inserting "preparing such report and preparing and implementing such management program" and

(D) by inserting "of program implementation" after "non-Federal share".

(3) Limitation on grant amounts.--Section 319(h)(4) is amended--

(A) by inserting before the first sentence the following: "The Administrator shall establish, after consulting with the States, maximum and minimum grants for any fiscal year to promote equity between States and effective nonpoint source management." and

(B) by adding at the end the following: "The minimum percentage of funds allocated to each State shall be 0.5 percent of the amount appropriated."

(4) Allocation of grant funds.--Paragraph (5) of Section 319(h) is amended to read as follows:  "(5) Allocation of grant funds.--Grants under this section shall be allocated to States with approved programs in a fair and equitable manner and be based upon rules and regulations promulgated by the Administrator which shall take into account the extent and nature of the nonpoint sources of pollution in each State and other relevant factors."

(5) Use of funds.--Paragraph (7) of Section 319(h) is amended to read as follows: "(7) Use of funds.--A State may use grants made available to the State pursuant to this section for activities relating to nonpoint source water pollution control, including--

(A) providing financial assistance with respect to those activities whose principal purpose is protecting and improving water quality;

(B) assistance related to the cost of preparing or implementing the State management program;

(C) providing incentive grants to individuals to implement a site-specific water quality plan in amounts not to exceed 75 percent of the cost of the project from all Federal sources;

(D) land acquisition or conservation easements consistent with a site-specific water quality plan;

(E) providing financial assistance with respect to those water pollution control activities which have as their principal purpose the protection of public water supplies; and

(F) restoring and maintaining the chemical, physical, and biological integrity of urban and rural waters and watersheds (including restoration and maintenance of water quality, a balanced indigenous population of shellfish, fish, and wildlife, aquatic and riparian vegetation, and recreational activities in and on the water) and protecting designated uses, including fishing, swimming, and drinking water supply."

(6) Compliance with state management program.--Paragraph (8) of Section 319(h) is amended to read as follows:  "(8) Compliance with state management program.--In any fiscal year for which the Administrator determines that a State has not made satisfactory progress in the preceding fiscal year in meeting the schedule specified for such State under subsection (b)(2)(C), the Administrator is authorized to withhold grants pursuant to this section in whole or in part to the State after adequate written notice is provided to the Governor of the State."

(g) [Reserved]

(h) Authorization of Appropriations.--Section 319(j) is amended--

(1) by striking "and" before "$130,000,000"

(2) by inserting after "1991" the following: ", such sums as may be necessary for fiscal years 1992 through 2000, $400,000,000 per fiscal year 1997, $200,000,000 for fiscal for each of fiscal years 2001 through 2005"; and

(3) by striking "$7,500,000" and inserting "$25,000,000".

(i) [Reserved]

(j) [Reserved]

(k) [Reserved]

(l) Guidance on Model Management Practices and Measures.--Section 319 is further amended by adding at the end the following: "(o) Guidance on Model Management Practices and Measures.--

(1) In general.--The Administrator shall publish guidance to identify model management practices and measures which may be undertaken, at the discretion of the State or appropriate entity, under a management program established pursuant to this section.

(2) Consultation; public notice and comment.--The Administrator shall develop the model management practices and measures under paragraph (1) in consultation with the National Oceanic and Atmospheric Administration, other appropriate Federal and State departments and agencies, and academic institutions, private industry experts, and other individual experts in water conservation and planning, and after providing notice and opportunity for public comment.

(3) Publication.--The Administrator shall publish proposed guidance under this subsection not later than 6 months after the date of the enactment of this subsection and shall publish final guidance under this subsection not later than 18 months after such date of enactment. The Administrator shall periodically review and revise the final guidance at least once every 3 years after its publication.

(4) Model management practices and measures defined.--For the purposes of this subsection, the term 'model management practices and measures' means economically achievable measures for the control of the addition of pollutants from nonpoint sources of pollution which reflect the greatest degree of pollutant reduction achievable through the application of the best available nonpoint pollution control practices, technologies, processes, siting criteria, operating methods, or other alternatives. The Administrator may distinguish among classes, types, and sizes within any category of nonpoint sources."

(m) Inadequate Funding.--Section 319 is further amended by adding at the end the following: "(p) Inadequate Funding.--For each fiscal year beginning after the date of the enactment of this subsection for which the total of amounts appropriated to carry out this section are less than the total of amounts authorized to be appropriated pursuant to subsection (h), the deadline for compliance with any requirement of this section, including any deadline relating to assessment reports or State program implementation or monitoring efforts, shall be postponed by 1 year, unless the Administrator and the State jointly certify that the amounts appropriated are sufficient to meet the requirements of this section."

(n) [Reserved]

(o) Agricultural Inputs.--Section 319 is further amended by adding at the end the following: "(q) Agricultural Inputs.--For the purposes of this Act, any land application of agricultural inputs, including livestock manure, shall not be considered a point source and shall be subject to enforcement only under this section."

(p) Purpose.--Section 319 (33 U.S.C. 1329) is further amended by adding at the end the following: "(r) Purpose.--The purpose of this section is to assist States in addressing nonpoint sources of pollution where necessary to achieve the goals and requirements of this Act. It is recognized that State nonpoint source programs need to be built upon a foundation that voluntary initiatives represent the approach most likely to succeed in achieving the objectives of this Act."

 

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