[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1560 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1560
To amend the Federal Water Pollution Control Act to authorize
appropriations for State water pollution control revolving funds, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 2, 2003
Mr. Duncan (for himself and Mr. Young of Alaska) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to authorize
appropriations for State water pollution control revolving funds, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) In General.--This Act may be cited as the ``Water Quality
Financing Act of 2003''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Federal Water Pollution Control Act.
TITLE I--TECHNICAL AND MANAGEMENT ASSISTANCE
Sec. 101. Technical assistance.
Sec. 102. State management assistance.
Sec. 103. Watershed pilot projects.
TITLE II--CONSTRUCTION OF TREATMENT WORKS
Sec. 201. Sewage collection systems.
Sec. 202. Treatment works defined.
Sec. 203. Policy on cost effectiveness.
Sec. 204. Pilot program for alternative water source projects.
Sec. 205. Sewer overflow control grants.
TITLE III--STATE WATER POLLUTION CONTROL REVOLVING FUNDS
Sec. 301. General authority for capitalization grants.
Sec. 302. Capitalization grant agreements.
Sec. 303. Water pollution control revolving loan funds.
Sec. 304. Allotment of funds.
Sec. 305. Intended use plan.
Sec. 306. Federal oversight.
Sec. 307. Technical assistance.
Sec. 308. Authorization of appropriations.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Definition of treatment works.
Sec. 402. Funding for Indian programs.
SEC. 2. AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.).
TITLE I--TECHNICAL AND MANAGEMENT ASSISTANCE
SEC. 101. TECHNICAL ASSISTANCE.
(a) Technical Assistance for Rural and Small Treatment Works.--
Section 104(b) (33 U.S.C. 1254(b)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) make grants to nonprofit organizations--
``(A) to provide technical assistance to rural and
small municipalities for the purpose of assisting, in
consultation with the State in which the assistance is
provided, such municipalities in the planning,
developing, and acquisition of financing for wastewater
infrastructure assistance;
``(B) to capitalize revolving loan funds for the
purpose of providing loans, in consultation with the
State in which the assistance is provided, to rural and
small municipalities for predevelopment costs
associated with wastewater infrastructure projects or
short-term costs incurred for equipment replacement
that is not part of regular operation and maintenance
activities for existing wastewater systems, subject to
the conditions that any loan from the fund will be made
at a below market interest rate, for a term not to
exceed 10 years, and in an amount not to exceed
$100,000 and that all loan repayments will be credited
to the fund;
``(C) to provide technical assistance and training
for rural and small publicly owned treatment works and
decentralized wastewater treatment systems to enable
such treatment works and systems to protect water
quality and achieve and maintain compliance with the
requirements of this Act; and
``(D) to disseminate information to rural and small
municipalities and municipalities that meet the
affordability criteria established under section
603(i)(2) by the State in which the municipality is
located with respect to planning, design, construction,
and operation of publicly owned treatment works and
decentralized wastewater treatment systems.''.
(b) Authorization of Appropriations.--Section 104(u) (33 U.S.C.
1254(u)) is amended--
(1) by striking ``and (6)'' and inserting ``(6)''; and
(2) by inserting before the period at the end the
following: ``; and (7) not to exceed $75,000,000 for each of
fiscal years 2004 through 2008 for carrying out subsections
(b)(3) and (b)(8), except that not less than 20 percent of the
amounts appropriated pursuant to this paragraph in a fiscal
year shall be used for carrying out subsection (b)(8) and not
more than one-third of the amount used in a fiscal year for
carrying out subsection (b)(8) may be used to carry out
subparagraph (B) of that subsection''.
(c) Competitive Procedures for Awarding Grants.--Section 104 (33
U.S.C. 1254(b)) is amended by adding at the end the following:
``(w) Competitive Procedures for Awarding Grants.--The
Administrator shall establish procedures that, to the maximum extent
practicable, promote competition and openness in the award of grants to
nonprofit private agencies, institutions, and organizations under this
section.''.
SEC. 102. STATE MANAGEMENT ASSISTANCE.
Section 106(a) (33 U.S.C. 1256(a)) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the semicolon at the end of paragraph (2)
and inserting ``; and''; and
(3) by inserting after paragraph (2) the following:
``(3) such sums as may be necessary for each of fiscal
years 1991 through 2003, and $250,000,000 for each of fiscal
years 2004 through 2008;''.
SEC. 103. WATERSHED PILOT PROJECTS.
(a) Section Redesignation.--The second section 121 (33 U.S.C. 1274;
relating to watershed pilot projects) is redesignated as section 122.
(b) Pilot Projects.--Section 122 (as so redesignated) is amended--
(1) in the section heading by striking ``wet weather''; and
(2) in subsection (a)--
(A) in the matter preceding paragraph (1) by
striking ``wet weather discharge'';
(B) in paragraph (2) by inserting ``, including
low-impact development technologies'' before the period
at the end; and
(C) by adding at the end the following:
``(3) Watershed partnerships.--Efforts of municipalities
and property owners to demonstrate cooperative ways to address
nonpoint sources of pollution to reduce adverse impacts on
water quality.''.
(c) Authorization of Appropriations.--Section 122(c)(1) (as so
redesignated) is amended by striking ``for fiscal year 2004'' and
inserting ``for each of fiscal years 2004 through 2008''.
(d) Report to Congress.--Section 122(d) (as so redesignated) is
amended by striking ``5 years'' and inserting ``7 years''.
TITLE II--CONSTRUCTION OF TREATMENT WORKS
SEC. 201. SEWAGE COLLECTION SYSTEMS.
Section 211 (33 U.S.C. 1291) is amended--
(1) by striking the section designation and all that
follows through ``(a) No'' and inserting the following:
``SEC. 211. SEWAGE COLLECTION SYSTEMS.
``(a) In General.--No'';
(2) in subsection (b) by inserting ``Population Density.--
'' after ``(b)''; and
(3) by striking subsection (c) and inserting the following:
``(c) Exceptions.--
``(1) Replacement and major rehabilitation.--
Notwithstanding the requirement of subsection (a)(1) concerning
the existence of a collection system as a condition of
eligibility, a project for replacement or major rehabilitation
of a collection system existing on January 1, 2003, shall be
eligible for a grant under this title if the project otherwise
meets the requirements of subsection (a)(1) and meets the
requirement of paragraph (3).
``(2) New systems.--Notwithstanding the requirement of
subsection (a)(2) concerning the existence of a community as a
condition of eligibility, a project for a new collection system
to serve a community existing on January 1, 2003, shall be
eligible for a grant under this title if the project otherwise
meets the requirements of subsection (a)(2) and meets the
requirement of paragraph (3).
``(3) Requirement.--A project meets the requirement of this
paragraph if the purpose of the project is to accomplish the
objectives, goals, and policies of this Act by addressing an
adverse environmental condition existing on the date of
enactment of this paragraph.''.
SEC. 202. TREATMENT WORKS DEFINED.
Section 212(2)(A) (33 U.S.C. 1292(2)(A)) is amended--
(1) by striking ``any works, including site'';
(2) by striking ``is used for ultimate'' and inserting
``will be used for ultimate''; and
(3) by inserting before the period at the end the
following: ``and acquisition of other lands, and interests in
lands, which are necessary for construction''.
SEC. 203. POLICY ON COST EFFECTIVENESS.
Section 218(a) (33 U.S.C. 1298(a)) is amended by striking
``combination of devices and systems'' and all that follows through
``from such treatment;'' and inserting ``treatment works;''.
SEC. 204. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.
Section 220(j) (33 U.S.C. 1300(j)) is amended by striking ``2004''
and inserting ``2008''.
SEC. 205. SEWER OVERFLOW CONTROL GRANTS.
(a) In General.--Section 221(c) (33 U.S.C. 1301) is amended to read
as follows:
``(c) Financially Distressed Community Defined.--In subsection (b),
the term `financially distressed community' means a community that
meets affordability criteria established by the State in which the
community is located under section 603(i)(2).''.
(b) Administrative Requirements.--Section 221(e) (33 U.S.C.
1301(e)) is amended to read as follows:
``(e) Administrative Requirements.--A project that receives
assistance under this section shall be carried out subject to the same
requirements as a project that receives assistance from a State water
pollution control revolving fund under title VI, except to the extent
that the Governor of the State in which the project is located
determines that a requirement of title VI is inconsistent with the
purposes of this section.''.
(c) Authorization of Appropriations.--The first sentence of section
221(f) (33 U.S.C. 1301(f)) is amended by inserting before the period at
the end the following: ``such sums as may be necessary for fiscal year
2004, and $250,000,000 for each of fiscal years 2005 through 2008''.
(d) Allocation of Funds.--Section 221(g) (33 U.S.C. 1301(g)) is
amended to read as follows:
``(g) Allocation of Funds.--
``(1) Fiscal year 2004.--Subject to subsection (h), the
Administrator shall use the amounts appropriated to carry out
this section for fiscal year 2004 for making grants to
municipalities and municipal entities under subsection (a)(2),
in accordance with the criteria set forth in subsection (b).
``(2) Fiscal year 2005 and thereafter.--Subject to
subsection (h), the Administrator shall use the amounts
appropriated to carry out this section for fiscal year 2005 and
each fiscal year thereafter for making grants to States under
subsection (a)(1), in accordance with a formula to be
established by the Administrator, after providing notice and an
opportunity for public comment, that allocates to each State a
proportional share of such amounts based on the total needs of
the State for municipal combined sewer overflow controls and
sanitary sewer overflow controls identified in the most recent
survey conducted pursuant to section 516(b)(1).''.
(e) Reports.--The first sentence of section 221(i) (33 U.S.C.
1301(i)) is amended by striking ``2003'' and inserting ``2007''.
TITLE III--STATE WATER POLLUTION CONTROL REVOLVING FUNDS
SEC. 301. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS.
Section 601(a) (33 U.S.C. 1381(a)) is amended by striking ``for
providing assistance'' and all that follows through the period at the
end and inserting the following: ``to accomplish the objectives, goals,
and policies of this Act by providing assistance for projects and
activities identified in section 603(c).''.
SEC. 302. CAPITALIZATION GRANT AGREEMENTS.
(a) Reporting Infrastructure Assets.--Section 602(b)(9) (33 U.S.C.
1382(b)(9)) is amended by striking ``standards'' and inserting
``standards, including standards relating to the reporting of
infrastructure assets''.
(b) Additional Requirements.--Section 602(b) (33 U.S.C. 1382(b)) is
amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10) and
inserting a semicolon; and
(3) by adding at the end the following:
``(11) the State will establish, maintain, invest, and
credit the fund with repayments, such that the fund balance
will be available in perpetuity for providing financial
assistance in accordance with this title;
``(12) any fees charged by the State to recipients of
assistance will be used for the sole purpose of financing the
cost of administering the fund;
``(13) beginning in fiscal year 2005, the State will
include as a condition of providing assistance to a
municipality or intermunicipal, interstate, or State agency
that the recipient of such assistance certify, with supporting
documentation, that the recipient--
``(A) has studied and evaluated the cost and
effectiveness of innovative and alternative processes,
materials, and techniques for carrying out the proposed
project or activity for which assistance is sought
under this title, and has selected, to the extent
practicable, a project or activity that more
efficiently uses energy and natural and financial
resources or provides greater environmental benefits;
and
``(B) has analyzed the cost and effectiveness of
alternative management and financing approaches
(including rate structures, issuance of bonds,
restructuring, regional alternatives, consolidation,
and public-private partnerships) for carrying out a
project or activity for which assistance is sought
under this title, taking into account the cost of
operating and maintaining the project or activity over
its life, as well as the cost of constructing the
project or activity;
``(14) the State will use at least 15 percent of the amount
of each capitalization grant received by the State under this
title after September 30, 2004, to provide assistance to
municipalities of fewer than 20,000 individuals that meet the
affordability criteria established by the State under section
603(i)(2) for activities included on the State's priority list
established under section 603(g), to the extent that there are
sufficient applications for such assistance; and
``(15) treatment works eligible under section 603(c)(1)
which will be constructed in whole or in part with funds
directly made available by capitalization grants under this
title and section 205(m) will meet the requirements of, or
otherwise be treated (as determined by the Governor of the
State) under sections 204(b)(1), 211, 218, and 511(c)(1) in the
same manner as treatment works constructed with assistance
under title II of this Act.''.
SEC. 303. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
(a) Projects and Activities Eligible for Assistance.--Section
603(c) (33 U.S.C. 1383(c)) is amended to read as follows:
``(c) Projects and Activities Eligible for Assistance.--The amounts
of funds available to each State water pollution control revolving fund
shall be used only for providing financial assistance--
``(1) to any municipality or intermunicipal, interstate, or
State agency for construction of publicly owned treatment
works;
``(2) for the implementation of a management program
established under section 319;
``(3) for development and implementation of a conservation
and management plan under section 320;
``(4) for the implementation of lake protection programs
and projects under section 314;
``(5) for repair or replacement of decentralized wastewater
treatment systems that treat domestic sewage;
``(6) for measures to manage or reduce municipal stormwater
runoff;
``(7) to any municipality or intermunicipal, interstate, or
State agency for measures to reduce the demand for publicly
owned treatment works capacity through water conservation;
``(8) for measures to increase the security of publicly
owned treatment works; and
``(9) for the development and implementation of watershed
projects meeting the criteria set forth in section 122.''.
(b) Extended Repayment Period.--Section 603(d)(1) (33 U.S.C.
1383(d)(1)) is amended--
(1) in subparagraph (A) by striking ``20 years'' and
inserting ``the lesser of 30 years or the design life of the
project to be financed with the proceeds of the loan''; and
(2) in subparagraph (B) by striking ``not later than 20
years after project completion'' and inserting ``upon the
expiration of the term of the loan''.
(c) Fiscal Sustainability Plan.--Section 603(d)(1) (33 U.S.C.
1383(d)(1)) is further amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by inserting ``and'' at the end of subparagraph (D);
and
(3) by adding at the end the following:
``(E) for any treatment works proposed for repair,
replacement, or expansion, and eligible for assistance
under section 603(c)(1), the recipient of a loan will
develop and implement a fiscal sustainability plan that
includes--
``(i) an inventory of critical assets that
are a part of the treatment works;
``(ii) an evaluation of the condition and
performance of inventoried assets or asset
groupings; and
``(iii) a plan for maintaining, repairing,
and, as necessary, replacing the treatment
works and a plan for funding such
activities.''.
(d) Administrative Expenses.--Section 603(d)(7) (33 U.S.C.
1383(d)(7)) is amended by inserting before the period at the end the
following: ``, $400,000 per year, or \1/5\ percent per year of the
current valuation of the fund, whichever amount is greatest, plus the
amount of any fees collected by the State for such purpose regardless
of the source''.
(e) Technical and Planning Assistance for Small Systems.--Section
603(d) (33 U.S.C. 1383(d)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) to provide owners and operators of small treatment
works (as defined in section 607) with technical and planning
assistance and assistance in financial management, user fee
analysis, budgeting, capital improvement planning, facility
operation and maintenance, repair schedules, and other
activities to improve wastewater treatment plant management and
operations; except that such amounts shall not exceed 2 percent
of grant awards to such fund under this title.''.
(f) Additional Subsidization.--Section 603 (33 U.S.C. 1383) is
amended by adding at the end the following:
``(i) Additional Subsidization.--
``(1) In general.--In any case in which a State provides
assistance to a municipality or intermunicipal, interstate, or
State agency under subsection (d), the State may provide
additional subsidization, including forgiveness of principal
and negative interest loans--
``(A) to benefit a municipality that--
``(i) meets the State's affordability
criteria established under paragraph (2); or
``(ii) does not meet the State's
affordability criteria if the recipient--
``(I) seeks additional
subsidization to benefit individual
ratepayers in the residential user rate
class;
``(II) demonstrates to the State
that such ratepayers will experience a
significant hardship from the increase
in rates necessary to finance the
project or activity for which
assistance is sought; and
``(III) ensures, as part of an
assistance agreement between the State
and the recipient, that the additional
subsidization provided under this
paragraph is directed through a user
charge rate system (or other
appropriate method) to such ratepayers;
or
``(B) to implement alternative processes,
materials, and techniques (including nonstructural
protection of surface waters, new or improved methods
of waste treatment, and pollutant trading) that may
result in cost savings or increased environmental
benefit when compared to standard processes, materials,
and techniques.
``(2) Affordability criteria.--
``(A) Establishment.--On or before September 30,
2004, and after providing notice and an opportunity for
public comment, a State shall establish affordability
criteria to assist in identifying municipalities that
would experience a significant hardship raising the
revenue necessary to finance a project or activity
eligible for assistance under section 603(c)(1) if
additional subsidization is not provided. Such criteria
shall be based on income data, population trends, and
other data determined relevant by the State.
``(B) Existing criteria.--If a State has previously
established, after providing notice and an opportunity
for public comment, affordability criteria that meet
the requirements of subparagraph (A), the State may use
the criteria for the purposes of this subsection. For
purposes of this Act, any such criteria shall be
treated as affordability criteria established under
this paragraph.
``(C) Information to assist states.--The
Administrator may publish information to assist States
in establishing affordability criteria under
subparagraph (A).
``(3) Priority.--A State may give priority to a recipient
for a project or activity eligible for funding under section
603(c)(1) if the recipient meets the State's affordability
criteria.
``(4) Set-aside.--
``(A) In general.--In any fiscal year in which the
Administrator has available for obligation more than
$1,400,000,000 for the purposes of this title, a State
shall provide additional subsidization under this
subsection in the amount specified in subparagraph (B)
to eligible entities described in paragraph (1) for
projects and activities identified in the State's
intended use plan prepared under section 606(c) to the
extent that there are sufficient applications for such
assistance.
``(B) Amount.--In a fiscal year described in
subparagraph (A), a State shall set aside for purposes
of subparagraph (A) an amount not less than 25 percent
of the difference between--
``(i) the total amount that would have been
allotted to the State under section 604 for
such fiscal year if the amount available to the
Administrator for obligation under this title
for such fiscal year had been equal to
$1,400,000,000; and
``(ii) the total amount allotted to the
State under section 604 for such fiscal year.
``(5) Limitation.--The total amount of additional
subsidization provided under this subsection by a State may not
exceed 30 percent of the total amount of capitalization grants
received by the State under this title in fiscal years
beginning after September 30, 2003.''.
SEC. 304. ALLOTMENT OF FUNDS.
(a) In General.--Section 604(a) (33 U.S.C. 1384(a)) is amended to
read as follows:
``(a) Allotments.--
``(1) Fiscal years 2003 and 2004.--Sums appropriated to
carry out this title for each of fiscal years 2003 and 2004
shall be allotted by the Administrator in accordance with the
formula used to allot sums appropriated to carry out this title
for fiscal year 2002.
``(2) Fiscal year 2005 and thereafter.--Sums appropriated
to carry out this title for fiscal year 2005 and each fiscal
year thereafter shall be allotted by the Administrator as
follows:
``(A) Amounts that do not exceed $1,350,000,000
shall be allotted in accordance with the formula
described in paragraph (1).
``(B) Amounts that exceed $1,350,000,000 shall be
allotted in accordance with the formula developed by
the Administrator under subsection (d).''.
(b) Planning Assistance.--Section 604(b) (33 U.S.C. 1384(b)) is
amended by striking ``1 percent'' and inserting ``2 percent''.
(c) Formula.--Section 604 (33 U.S.C. 1384) is amended by adding at
the end the following:
``(d) Formula Based on Water Quality Needs.--Not later than
September 30, 2004, and after providing notice and an opportunity for
public comment, the Administrator shall publish an allotment formula
based on water quality needs in accordance with the most recent survey
of needs developed by the Administrator under section 516(b).''.
SEC. 305. INTENDED USE PLAN.
(a) Integrated Priority List.--Section 603(g) (33 U.S.C. 1383(g))
is amended to read as follows:
``(g) Priority List.--
``(1) In general.--For fiscal year 2005 and each fiscal
year thereafter, a State shall establish or update a list of
projects and activities for which assistance is sought from the State's
water pollution control revolving fund. Such projects and activities
shall be listed in priority order based on the methodology established
under paragraph (2). The State may provide financial assistance from
the State's water pollution control revolving fund only with respect to
a project or activity included on such list. In the case of projects
and activities eligible for assistance under section 603(c)(2), the
State may include a category or subcategory of nonpoint sources of
pollution on such list in lieu of a specific project or activity.
``(2) Methodology.--
``(A) In general.--Not later than 1 year after the
date of enactment of this paragraph, and after
providing notice and opportunity for public comment,
each State (acting through the State's water quality
management agency and other appropriate agencies of the
State) shall establish a methodology for developing a
priority list under paragraph (1).
``(B) Priority for projects and activities that
achieve greatest water quality improvement.--In
developing the methodology, the State shall seek to
achieve the greatest degree of water quality
improvement, taking into consideration the requirement
of section 602(b)(5), section 603(i)(3), and whether
such water quality improvements would be realized
without assistance under this title.
``(C) Considerations in selecting projects and
activities.--In determining which projects and
activities will achieve the greatest degree of water
quality improvement, the State shall consider--
``(i) information developed by the State
under sections 303(d) and 305(b);
``(ii) the State's continuing planning
process developed under section 303(e);
``(iii) the State's management program
developed under section 319; and
``(iv) conservation and management plans
developed under section 320.
``(D) Nonpoint sources.--For categories or
subcategories of nonpoint sources of pollution that a
State may include on its priority list under paragraph
(1), the State may consider the cumulative water
quality improvements associated with projects or
activities in such categories or subcategories.
``(E) Existing methodologies.--If a State has
previously developed, after providing notice and an
opportunity for public comment, a methodology that
meets the requirements of this paragraph, the State may
use the methodology for the purposes of this
subsection.''.
(b) Intended Use Plan.--Section 606(c) (33 U.S.C. 1386(c)) is
amended--
(1) in the matter preceding paragraph (1) by striking
``each State shall annually prepare'' and inserting ``each
State (acting through the State's water quality management
agency and other appropriate agencies of the State) shall
annually prepare and publish'';
(2) by striking paragraph (1) and inserting the following:
``(1) the State's priority list developed under section
603(g);'';
(3) by striking ``and'' at the end of paragraph (4);
(4) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(5) by adding at the end the following:
``(6) if the State does not fund projects and activities in
the order of the priority established under section 603(g), an
explanation of why such a change in order is appropriate.''.
(c) Transitional Provision.--Before completion of a priority list
based on a methodology established under section 603(g) of the Federal
Water Pollution Control Act (as amended by this section), a State shall
continue to comply with the requirements of sections 603(g) and 606(c)
of such Act, as in effect on the day before the date of enactment of
this Act.
SEC. 306. FEDERAL OVERSIGHT.
(a) Annual Report.--Section 606(d) (33 U.S.C. 1386(d)) is amended
by inserting ``the eligible purpose under section 603(c) for which the
assistance is provided,'' after ``loan amounts,''.
(b) Annual Federal Oversight Review.--Section 606(e) (33 U.S.C.
1386(e)) is amended by adding at the end the following: ``In carrying
out an oversight review under this subsection, the Administrator may
allow a State to certify, with supporting documentation, its compliance
with the requirements of this title.''.
SEC. 307. TECHNICAL ASSISTANCE.
Title VI (33 U.S.C. 1381 et seq.) is amended--
(1) by redesignating section 607 as section 608; and
(2) by inserting after section 606 the following:
``SEC. 607. TECHNICAL ASSISTANCE.
``(a) Assistance for Small Treatment Works.--
``(1) Simplified procedures.--Not later than 1 year after
the date of enactment of this section, the Administrator shall
assist the States in establishing simplified procedures for
small treatment works to obtain assistance under this title.
``(2) Publication of manual.--Not later than 2 years after
the date of the enactment of this section, and after providing
notice and opportunity for public comment, the Administrator
shall publish a manual to assist small treatment works in
obtaining assistance under this title and publish in the
Federal Register notice of the availability of the manual.
``(3) Small treatment works defined.--For purposes of this
title, the term `small treatment works' means a treatment works
for which a municipality or intermunicipal, interstate, or
State agency seeks assistance under this title and which serves
a population of 20,000 or fewer.
``(b) Assistance for Improving the Management of Water Quality
Infrastructure and Increasing Cost-Effectiveness of Infrastructure
Improvements.--At the request of any State, the Administrator shall
assist in the development of criteria for a State to determine
compliance with the conditions of funding assistance established under
section 602(b)(13).''.
SEC. 308. AUTHORIZATION OF APPROPRIATIONS.
Section 608 (as redesignated by section 307 of this Act) is amended
by striking paragraphs (1) through (5) and inserting the following:
``(1) $2,000,000,000 for fiscal year 2004;
``(2) $3,000,000,000 for fiscal year 2005;
``(3) $4,000,000,000 for fiscal year 2006;
``(4) $5,000,000,000 for fiscal year 2007; and
``(5) $6,000,000,000 for fiscal year 2008.''.
TITLE IV--GENERAL PROVISIONS
SEC. 401. DEFINITION OF TREATMENT WORKS.
Section 502 (33 U.S.C. 1362) is amended by adding at the end the
following:
``(24) The term `treatment works' has the meaning given
that term in section 212.''.
SEC. 402. FUNDING FOR INDIAN PROGRAMS.
Section 518(c) (33 U.S.C. 1377) is amended--
(1) by striking ``The Administrator'' and inserting the
following:
``(1) Fiscal years 1987-2003.--The Administrator'';
(2) in paragraph (1) (as so designated)--
(A) by inserting ``and ending before October 1,
2003,'' after ``1986,''; and
(B) by striking the second sentence; and
(3) by adding at the end the following:
``(2) Fiscal year 2004 and thereafter.--For fiscal year
2004 and each fiscal year thereafter, the Administrator shall
reserve, before allotments to the States under section 604(a),
not less than 0.5 percent and not more than 1.5 percent of the
funds made available to carry out title VI.
``(3) Use of funds.--Funds reserved under this subsection
shall be available only for grants for projects and activities
eligible for assistance under section 603(c) to serve--
``(A) Indian tribes;
``(B) former Indian reservations in Oklahoma (as
determined by the Secretary of the Interior); and
``(C) Native villages (as defined in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C.
1602)).''.
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