2000
<PRE>[DOCID: f:h999enr.txt]
        H.R.999

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
To amend the Federal Water Pollution Control Act to improve the quality 
          of coastal recreation waters, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Beaches Environmental Assessment and 
Coastal Health Act of 2000''.

SEC. 2. ADOPTION OF COASTAL RECREATION WATER QUALITY CRITERIA AND 
              STANDARDS BY STATES.

    Section 303 of the Federal Water Pollution Control Act (33 U.S.C. 
1313) is amended by adding at the end the following:
    ``(i) Coastal Recreation Water Quality Criteria.--
        ``(1) Adoption by states.--
            ``(A) Initial criteria and standards.--Not later than 42 
        months after the date of the enactment of this subsection, each 
        State having coastal recreation waters shall adopt and submit 
        to the Administrator water quality criteria and standards for 
        the coastal recreation waters of the State for those pathogens 
        and pathogen indicators for which the Administrator has 
        published criteria under section 304(a).
            ``(B) New or revised criteria and standards.--Not later 
        than 36 months after the date of publication by the 
        Administrator of new or revised water quality criteria under 
        section 304(a)(9), each State having coastal recreation waters 
        shall adopt and submit to the Administrator new or revised 
        water quality standards for the coastal recreation waters of 
        the State for all pathogens and pathogen indicators to which 
        the new or revised water quality criteria are applicable.
        ``(2) Failure of states to adopt.--
            ``(A) In general.--If a State fails to adopt water quality 
        criteria and standards in accordance with paragraph (1)(A) that 
        are as protective of human health as the criteria for pathogens 
        and pathogen indicators for coastal recreation waters published 
        by the Administrator, the Administrator shall promptly propose 
        regulations for the State setting forth revised or new water 
        quality standards for pathogens and pathogen indicators 
        described in paragraph (1)(A) for coastal recreation waters of 
        the State.
            ``(B) Exception.--If the Administrator proposes regulations 
        for a State described in subparagraph (A) under subsection 
        (c)(4)(B), the Administrator shall publish any revised or new 
        standard under this subsection not later than 42 months after 
        the date of the enactment of this subsection.
        ``(3) Applicability.--Except as expressly provided by this 
    subsection, the requirements and procedures of subsection (c) apply 
    to this subsection, including the requirement in subsection 
    (c)(2)(A) that the criteria protect public health and welfare.''.

SEC. 3. REVISIONS TO WATER QUALITY CRITERIA.

    (a) Studies Concerning Pathogen Indicators in Coastal Recreation 
Waters.--Section 104 of the Federal Water Pollution Control Act (33 
U.S.C. 1254) is amended by adding at the end the following:
    ``(v) Studies Concerning Pathogen Indicators in Coastal Recreation 
Waters.--Not later than 18 months after the date of the enactment of 
this subsection, after consultation and in cooperation with appropriate 
Federal, State, tribal, and local officials (including local health 
officials), the Administrator shall initiate, and, not later than 3 
years after the date of the enactment of this subsection, shall 
complete, in cooperation with the heads of other Federal agencies, 
studies to provide additional information for use in developing--
        ``(1) an assessment of potential human health risks resulting 
    from exposure to pathogens in coastal recreation waters, including 
    nongastrointestinal effects;
        ``(2) appropriate and effective indicators for improving 
    detection in a timely manner in coastal recreation waters of the 
    presence of pathogens that are harmful to human health;
        ``(3) appropriate, accurate, expeditious, and cost-effective 
    methods (including predictive models) for detecting in a timely 
    manner in coastal recreation waters the presence of pathogens that 
    are harmful to human health; and
        ``(4) guidance for State application of the criteria for 
    pathogens and pathogen indicators to be published under section 
    304(a)(9) to account for the diversity of geographic and aquatic 
    conditions.''.
    (b) Revised Criteria.--Section 304(a) of the Federal Water 
Pollution Control Act (33 U.S.C. 1314(a)) is amended by adding at the 
end the following:
        ``(9) Revised criteria for coastal recreation waters.--
            ``(A) In general.--Not later than 5 years after the date of 
        the enactment of this paragraph, after consultation and in 
        cooperation with appropriate Federal, State, tribal, and local 
        officials (including local health officials), the Administrator 
        shall publish new or revised water quality criteria for 
        pathogens and pathogen indicators (including a revised list of 
        testing methods, as appropriate), based on the results of the 
        studies conducted under section 104(v), for the purpose of 
        protecting human health in coastal recreation waters.
            ``(B) Reviews.--Not later than the date that is 5 years 
        after the date of publication of water quality criteria under 
        this paragraph, and at least once every 5 years thereafter, the 
        Administrator shall review and, as necessary, revise the water 
        quality criteria.''.

SEC. 4. COASTAL RECREATION WATER QUALITY MONITORING AND NOTIFICATION.

    Title IV of the Federal Water Pollution Control Act (33 U.S.C. 1341 
et seq.) is amended by adding at the end the following:

``SEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND 
              NOTIFICATION.

    ``(a) Monitoring and Notification.--
        ``(1) In general.--Not later than 18 months after the date of 
    the enactment of this section, after consultation and in 
    cooperation with appropriate Federal, State, tribal, and local 
    officials (including local health officials), and after providing 
    public notice and an opportunity for comment, the Administrator 
    shall publish performance criteria for--
            ``(A) monitoring and assessment (including specifying 
        available methods for monitoring) of coastal recreation waters 
        adjacent to beaches or similar points of access that are used 
        by the public for attainment of applicable water quality 
        standards for pathogens and pathogen indicators; and
            ``(B) the prompt notification of the public, local 
        governments, and the Administrator of any exceeding of or 
        likelihood of exceeding applicable water quality standards for 
        coastal recreation waters described in subparagraph (A).
        ``(2) Level of protection.--The performance criteria referred 
    to in paragraph (1) shall provide that the activities described in 
    subparagraphs (A) and (B) of that paragraph shall be carried out as 
    necessary for the protection of public health and safety.
    ``(b) Program Development and Implementation Grants.--
        ``(1) In general.--The Administrator may make grants to States 
    and local governments to develop and implement programs for 
    monitoring and notification for coastal recreation waters adjacent 
    to beaches or similar points of access that are used by the public.
        ``(2) Limitations.--
            ``(A) In general.--The Administrator ma
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y award a grant to a 
        State or a local government to implement a monitoring and 
        notification program if--
                ``(i) the program is consistent with the performance 
            criteria published by the Administrator under subsection 
            (a);
                ``(ii) the State or local government prioritizes the 
            use of grant funds for particular coastal recreation waters 
            based on the use of the water and the risk to human health 
            presented by pathogens or pathogen indicators;
                ``(iii) the State or local government makes available 
            to the Administrator the factors used to prioritize the use 
            of funds under clause (ii);
                ``(iv) the State or local government provides a list of 
            discrete areas of coastal recreation waters that are 
            subject to the program for monitoring and notification for 
            which the grant is provided that specifies any coastal 
            recreation waters for which fiscal constraints will prevent 
            consistency with the performance criteria under subsection 
            (a); and
                ``(v) the public is provided an opportunity to review 
            the program through a process that provides for public 
            notice and an opportunity for comment.
            ``(B) Grants to local governments.--The Administrator may 
        make a grant to a local government under this subsection for 
        implementation of a monitoring and notification program only 
        if, after the 1-year period beginning on the date of 
        publication of performance criteria under subsection (a)(1), 
        the Administrator determines that the State is not implementing 
        a program that meets the requirements of this subsection, 
        regardless of whether the State has received a grant under this 
        subsection.
        ``(3) Other requirements.--
            ``(A) Report.--A State recipient of a grant under this 
        subsection shall submit to the Administrator, in such format 
        and at such intervals as the Administrator determines to be 
        appropriate, a report that describes--
                ``(i) data collected as part of the program for 
            monitoring and notification as described in subsection (c); 
            and
                ``(ii) actions taken to notify the public when water 
            quality standards are exceeded.
            ``(B) Delegation.--A State recipient of a grant under this 
        subsection shall identify each local government to which the 
        State has delegated or intends to delegate responsibility for 
        implementing a monitoring and notification program consistent 
        with the performance criteria published under subsection (a) 
        (including any coastal recreation waters for which the 
        authority to implement a monitoring and notification program 
        would be subject to the delegation).
        ``(4) Federal share.--
            ``(A) In general.--The Administrator, through grants 
        awarded under this section, may pay up to 100 percent of the 
        costs of developing and implementing a program for monitoring 
        and notification under this subsection.
            ``(B) Non-federal share.--The non-Federal share of the 
        costs of developing and implementing a monitoring and 
        notification program may be--
                ``(i) in an amount not to exceed 50 percent, as 
            determined by the Administrator in consultation with State, 
            tribal, and local government representatives; and
                ``(ii) provided in cash or in kind.
    ``(c) Content of State and Local Government Programs.--As a 
condition of receipt of a grant under subsection (b), a State or local 
government program for monitoring and notification under this section 
shall identify--
        ``(1) lists of coastal recreation waters in the State, 
    including coastal recreation waters adjacent to beaches or similar 
    points of access that are used by the public;
        ``(2) in the case of a State program for monitoring and 
    notification, the process by which the State may delegate to local 
    governments responsibility for implementing the monitoring and 
    notification program;
        ``(3) the frequency and location of monitoring and assessment 
    of coastal recreation waters based on--
            ``(A) the periods of recreational use of the waters;
            ``(B) the nature and extent of use during certain periods;
            ``(C) the proximity of the waters to known point sources 
        and nonpoint sources of pollution; and
            ``(D) any effect of storm events on the waters;
        ``(4)(A) the methods to be used for detecting levels of 
    pathogens and pathogen indicators that are harmful to human health; 
    and
        ``(B) the assessment procedures for identifying short-term 
    increases in pathogens and pathogen indicators that are harmful to 
    human health in coastal recreation waters (including increases in 
    relation to storm events);
        ``(5) measures for prompt communication of the occurrence, 
    nature, location, pollutants involved, and extent of any exceeding 
    of, or likelihood of exceeding, applicable water quality standards 
    for pathogens and pathogen indicators to--
            ``(A) the Administrator, in such form as the Administrator 
        determines to be appropriate; and
            ``(B) a designated official of a local government having 
        jurisdiction over land adjoining the coastal recreation waters 
        for which the failure to meet applicable standards is 
        identified;
        ``(6) measures for the posting of signs at beaches or similar 
    points of access, or functionally equivalent communication measures 
    that are sufficient to give notice to the public that the coastal 
    recreation waters are not meeting or are not expected to meet 
    applicable water quality standards for pathogens and pathogen 
    indicators; and
        ``(7) measures that inform the public of the potential risks 
    associated with water contact activities in the coastal recreation 
    waters that do not meet applicable water quality standards.
    ``(d) Federal Agency Programs.--Not later than 3 years after the 
date of the enactment of this section, each Federal agency that has 
jurisdiction over coastal recreation waters adjacent to beaches or 
similar points of access that are used by the public shall develop and 
implement, through a process that provides for public notice and an 
opportunity for comment, a monitoring and notification program for the 
coastal recreation waters that--
        ``(1) protects the public health and safety;
        ``(2) is consistent with the performance criteria published 
    under subsection (a);
        ``(3) includes a completed report on the information specified 
    in subsection (b)(3)(A), to be submitted to the Administrator; and
        ``(4) addresses the matters specified in subsection (c) .
    ``(e) Database.--The Administrator shall establish, maintain, and 
make available to the public by electronic and other means a national 
coastal recreation water pollution occurrence database that provides--
        ``(1) the data reported to the Administrator under subsections 
    (b)(3)(A)(i) and (d)(3); and
        ``(2) other information concerning pathogens and pathogen 
    indicators in coastal recreation waters that--
            ``(A) is made available to the Administrator by a State or 
        local government, from a coastal water quality monitoring 
        program of the State or local government; and
            ``(B) the Administrator determines should be included.
    ``(f) Technical Assistance for Monitoring Floatable Material.--The 
Administrator shall provide technical assistance to States and local 
governments for the development of assessment and monitoring procedures 
for floatable material to protect public health and safety in coastal 
recreation waters.
   
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 ``(g) List of Waters.--
        ``(1) In general.--Beginning not later than 18 months after the 
    date of publication of performance criteria under subsection (a), 
    based on information made available to the Administrator, the 
    Administrator shall identify, and maintain a list of, discrete 
    coastal recreation waters adjacent to beaches or similar points of 
    access that are used by the public that--
            ``(A) specifies any waters described in this paragraph that 
        are subject to a monitoring and notification program consistent 
        with the performance criteria established under subsection (a); 
        and
            ``(B) specifies any waters described in this paragraph for 
        which there is no monitoring and notification program 
        (including waters for which fiscal constraints will prevent the 
        State or the Administrator from performing monitoring and 
        notification consistent with the performance criteria 
        established under subsection (a)).
        ``(2) Availability.--The Administrator shall make the list 
    described in paragraph (1) available to the public through--
            ``(A) publication in the Federal Register; and
            ``(B) electronic media.
        ``(3) Updates.--The Administrator shall update the list 
    described in paragraph (1) periodically as new information becomes 
    available.
    ``(h) EPA Implementation.--In the case of a State that has no 
program for monitoring and notification that is consistent with the 
performance criteria published under subsection (a) after the last day 
of the 3-year period beginning on the date on which the Administrator 
lists waters in the State under subsection (g)(1)(B), the Administrator 
shall conduct a monitoring and notification program for the listed 
waters based on a priority ranking established by the Administrator 
using funds appropriated for grants under subsection (i)--
        ``(1) to conduct monitoring and notification; and
        ``(2) for related salaries, expenses, and travel.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated for making grants under subsection (b), including 
implementation of monitoring and notification programs by the 
Administrator under subsection (h), $30,000,000 for each of fiscal 
years 2001 through 2005.''.

SEC. 5. DEFINITIONS.

    Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 
1362) is amended by adding at the end the following:
        ``(21) Coastal recreation waters.--
            ``(A) In general.--The term `coastal recreation waters' 
        means--
                ``(i) the Great Lakes; and
                ``(ii) marine coastal waters (including coastal 
            estuaries) that are designated under section 303(c) by a 
            State for use for swimming, bathing, surfing, or similar 
            water contact activities.
            ``(B) Exclusions.--The term `coastal recreation waters' 
        does not include--
                ``(i) inland waters; or
                ``(ii) waters upstream of the mouth of a river or 
            stream having an unimpaired natural connection with the 
            open sea.
        ``(22) Floatable material.--
            ``(A) In general.--The term `floatable material' means any 
        foreign matter that may float or remain suspended in the water 
        column.
            ``(B) Inclusions.--The term `floatable material' includes--
                ``(i) plastic;
                ``(ii) aluminum cans;
                ``(iii) wood products;
                ``(iv) bottles; and
                ``(v) paper products.
        ``(23) Pathogen indicator.--The term `pathogen indicator' means 
    a substance that indicates the potential for human infectious 
    disease.''.

SEC. 6. INDIAN TRIBES.

    Section 518(e) of the Federal Water Pollution Control Act (33 
U.S.C. 1377(e)) is amended by striking ``and 404'' and inserting ``404, 
and 406''.

SEC. 7. REPORT.

    (a) In General.--Not later than 4 years after the date of the 
enactment of this Act, and every 4 years thereafter, the Administrator 
of the Environmental Protection Agency shall submit to Congress a 
report that includes--
        (1) recommendations concerning the need for additional water 
    quality criteria for pathogens and pathogen indicators and other 
    actions that should be taken to improve the quality of coastal 
    recreation waters;
        (2) an evaluation of Federal, State, and local efforts to 
    implement this Act, including the amendments made by this Act; and
        (3) recommendations on improvements to methodologies and 
    techniques for monitoring of coastal recreation waters.
    (b) Coordination.--The Administrator of the Environmental 
Protection Agency may coordinate the report under this section with 
other reporting requirements under the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.).

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out the provisions 
of this Act, including the amendments made by this Act, for which 
amounts are not otherwise specifically authorized to be appropriated, 
such sums as are necessary for each of fiscal years 2001 through 2005.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

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