[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1539 Introduced in Senate (IS)]
1st Session
S. 1539
To amend the Federal Water Pollution Control Act to establish a
National Clean and Safe Water Fund and to authorize the Administrator
of the Environmental Protection Agency to use amounts in the Fund to
carry out projects to promote the recovery of waters of the United
States from damage resulting from violations of that Act and the Safe
Drinking Water Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31 (legislative day, July 21), 2003
Mr. Reed (for himself, Mr. Voinovich, Mr. Sarbanes, Ms. Snowe, Mr.
Jeffords, Mr. Levin, and Mr. Harkin) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to establish a
National Clean and Safe Water Fund and to authorize the Administrator
of the Environmental Protection Agency to use amounts in the Fund to
carry out projects to promote the recovery of waters of the United
States from damage resulting from violations of that Act and the Safe
Drinking Water Act, 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 ``National Clean and Safe Water Fund
Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Administrator of the Environmental Protection
Agency has determined that more than 40 percent of the assessed
water of the United States does not meet applicable water
quality standards established by States, territories, and
Indian tribes;
(2) the water described in paragraph (1) includes
approximately 300,000 miles of rivers and shorelines, and
approximately 5,000,000 acres of lakes, that are polluted by
sediments, excess nutrients, and harmful microorganisms;
(3) Congress enacted--
(A) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) to maintain the chemical,
physical, and biological integrity of water of the
United States; and
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.) to protect public health by regulating the public
drinking water supply of the United States;
(4) because criminal, civil, and administrative penalties
assessed under the Acts referred to in paragraph (3) are
returned to the Treasury, those amounts are not available to
protect, preserve, or enhance the quality of water in
watersheds in which violations of those Acts occur; and
(5) the establishment of a national clean and safe water
fund would help States in achieving the goals described in
paragraph (1) by providing funding to protect and improve
watersheds and aquifers.
SEC. 3. NATIONAL CLEAN AND SAFE WATER FUND.
Section 309 of the Federal Water Pollution Control Act (33 U.S.C.
1319) is amended by adding at the end the following:
``(h) National Clean and Safe Water Fund.--
``(1) Establishment.--There is established in the Treasury
a fund to be known as the `National Clean and Safe Water Fund'
(referred to in this subsection as the `Fund') consisting of
amounts transferred to the Fund under paragraph (2) and amounts
credited to the Fund under paragraph (3).
``(2) Transfer of amounts.--Notwithstanding any other
provision of law, for fiscal year 2003 and each fiscal year
thereafter, the Secretary of the Treasury shall transfer to the
Fund an amount determined by the Secretary to be equal to the
total amount deposited in the general fund of the Treasury in
the preceding fiscal year from fines, penalties, and other
funds collected as a result of enforcement actions brought
under this section, section 505(a)(1), or the Safe Drinking
Water Act (42 U.S.C. 300f et seq.), excluding any amounts
ordered to be used to carry out projects in accordance with
subsection (d).
``(3) Investment of amounts.--
``(A) In general.--The Secretary of the Treasury
shall invest in interest-bearing obligations of the
United States such portion of the Fund as is not, in
the judgment of the Secretary, required to meet current
withdrawals.
``(B) Administration.--The obligations shall be
acquired and sold and interest on, and the proceeds
from the sale or redemption of, the obligations shall
be credited to the Fund in accordance with section 9602
of the Internal Revenue Code of 1986.
``(4) Use of amounts for water quality projects.--
``(A) In general.--Amounts in the Fund shall be
available to the Administrator, subject to
appropriation, to carry out projects the primary
purpose of which is water quality maintenance or
improvement, including--
``(i) water conservation projects;
``(ii) wetland protection and restoration
projects;
``(iii) contaminated sediment projects;
``(iv) drinking water source protection
projects;
``(v) projects consisting of best
management practices that reduce pollutant
loads in an impaired or threatened body of
water;
``(vi) decentralized stormwater or
wastewater treatment projects, including low-
impact development practices;
``(vii) projects consisting of conservation
easements or land acquisition for water quality
protection;
``(viii) projects consisting of
construction or maintenance of stream buffers;
``(ix) projects for planning, design, and
construction of treatment works to remediate or
control combined or sanitary sewer overflows;
and
``(x) such other similar projects as the
Administrator determines to be appropriate.
``(B) Limitations on use of funds.--Amounts in the
Fund--
``(i)(I) shall be used only to carry out
projects described in subparagraph (A); and
``(II) shall not be used by the
Administrator to pay the cost of any legal or
administrative expense incurred by the
Administrator (except a legal or administrative
expense relating to administration of the
Fund); and
``(ii) shall be in addition to any amount
made available to carry out projects described
in subparagraph (A) under any other provision
of law.
``(5) Selection of projects.--
``(A) Priority.--In selecting among projects
eligible for assistance under this subsection, the
Administrator shall give priority to a project
described in paragraph (4) that is located in a
watershed in a State in which there has occurred a
violation under this Act or the Safe Drinking Water Act
(42 U.S.C. 300f et seq.) for which an enforcement
action was brought that resulted in the payment of an
amount into the general fund of the Treasury.
``(B) Selection criteria.--The Administrator, in
consultation with the United States Geological Survey
and other appropriate agencies, shall establish
criteria that maximize water quality improvement in
watersheds and aquifers for use in selecting projects
to carry out under this subsection.
``(C) Coordination with states.--In selecting a
project to carry out under this subsection, the
Administrator shall coordinate with the State in which
the Administrator is considering carrying out the
project.
``(6) Implementation.--
``(A) In general.--Subject to subparagraph (B), the
Administrator may carry out a project under this
subsection making grants to--
``(i) another Federal agency;
``(ii) a State agency;
``(iii) a political subdivision of a State;
``(iv) a publicly-owned treatment works;
``(v) a nonprofit entity;
``(vi) a public water system (as defined in
section 1401 of the Safe Drinking Water Act (42
U.S.C. 300f));
``(vii) a Federal interstate water compact
commission;
``(viii) an Indian tribe (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b)); or
``(ix) a Native Hawaiian (as defined in
section 12 of the Native Hawaiian Health Care
Improvement Act (42 U.S.C. 11710)).
``(B) Exclusion.--Under subparagraph (A), the
Administrator may not make any grant to or enter into
any contract with any private entity that is subject to
regulation under--
``(i) this Act; or
``(ii) the Safe Drinking Water Act (42
U.S.C. 300f et seq.).
``(7) Report to congress.--Not later than 1 year after the
date of enactment of this subsection and biennially thereafter,
the Administrator shall submit to Congress a report that--
``(A) identifies the projects selected for funding
under this subsection during the period covered by the
report;
``(B) details the selection criteria established
under paragraph (5)(B) that were used to select those
projects;
``(C) describes the ways in which the Administrator
coordinated with States under paragraph (5)(C) in
selecting those projects; and
``(D) describes the priorities for use of funds
from the Fund in future years in order to achieve water
quality goals in bodies of impaired or threatened
water.
``(8) No effect on obligation to comply.--Nothing in this
subsection affects the obligation of any person subject to this
Act or the Safe Drinking Water Act (42 U.S.C. 300f et seq.) to
comply with either of those Acts.''.
SEC. 4. USE OF CIVIL PENALTIES FOR REMEDIAL PROJECTS.
(a) In General.--Section 309(d) of the Federal Water Pollution
Control Act (33 U.S.C. 1319(d)) is amended by inserting after the
second sentence the following: ``The court may order that a civil
penalty assessed under this Act or the Safe Drinking Water Act (42
U.S.C. 300f et seq.) (other than a civil penalty that would otherwise
be deposited in the Oil Spill Liability Trust Fund under section 9509
of the Internal Revenue Code of 1986) be used to carry out 1 or more
projects in accordance with clauses (i) through (iv) of subsection
(h)(4)(A).''.
(b) Conforming Amendment.--Section 505(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1365(a)) is amended in the last
sentence by inserting before the period at the end the following: ``,
including ordering the use of a civil penalty for carrying out projects
in accordance with section 309(d)''.
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