92D CONGRESS 18T SESSION

S. 1012

IN THE SENATE OF THE UNITED STATES

FEBRUARY 26 (legislative day, FEBRUARY 17), 1971

Mr. COOPER (for himself, Mr. Boggs, Mr. ALLOTT, Mr. BAKER, Mr. BAYH, Mr. BEALL, Mr. BENNETT, Mr. BROCK, Mr. BUCKLEY, Mr. DOLE, Mr. DOMINICK, Mr. ERVIN, Mr. FANNIN, Mr. GOLDWATER, Mr. GURNEY, Mr. HATFIELD, Mr. HRUSKA, Mr. JAVITS, Mr. JORDAN of Idaho, Mr. MANSFIELD, Mr. MATHIAS, Mr. MILLER, Mr. MUSKIE, Mr. PACKWOOD, Mr. PASTORE, Mr. PEARSON, Mr. PERCY, Mr. PROUTY, Mr. RANDOLPH, Mr. SAXBE, Mr. SCHWEIKER, Mr. Scott, Mr. SPONG, Mr. TAFT, Mr. TOWER, and Mr. WEICKER) introduced the following bill; which was read twice and referred to the Committee on Public Works

A BILL

To amend the Federal Water Pollution Control Act, as amended. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That the Federal Water Pollution Control Act, as amended 4 (33 U.S.C.A. 1151 et seq.) is further amended as follows: SECTION 1. Section 7 of the Act is amended to read as

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6 follows:

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"SEC. 7. (a) There are hereby authorized to be appro

8 priated the following sums, to remain available until

9 expended, to carry out the purposes of this section—

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"$15,000,000 for the fiscal year ending June 30,

1972;

“$20,000,000 for the fiscal year ending June 30,

1973;

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"$25,000,000 for the fiscal year ending June 30, 1974; and

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"$30,000,000 for the fiscal year ending June 30,

1975;

for grants to States and to interstate agencies to assist them 10 in meeting the costs of establishing and maintaining adequate 11 measures for the prevention and control of water pollution:

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Provided, That not less than $10,000,000 shall be available

for the allotments authorized by subsections (b) and (d)

hereof.

(b) From the sums available therefor for any fiscal

year, the Administrator shall make allotments to the several 17 States for their basic State water pollution control program, 18 in accordance with regulations, on the basis of (1) popula

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tion, (2) extent of water pollution, and (3) financial need.

"(c) From each State's allotment under subsection (b)

for any fiscal year, the Administrator may pay to such State an amount equal to its Federal share (as determined

under subsection (g)) of the cost of carrying out its basic

State water pollution control program pursuant to a plan

approved under subsection (e), including the cost of train

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1 ing personnel for State and local water pollution control 2 work and including the cost of administering the State plan. 3 Nothing herein shall prevent a State from expending grant 4 funds for State program purposes through participation in 5 interstate agencies.

6 "(d) From the sums available therefor for any fiscal

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year, the Administrator shall, from time to time, make allot8 ments to interstate agencies for their basic interstate water 9 pollution control program in accordance with regulations on 10 such basis as the Administrator finds reasonable and equita11 ble. The Administrator may, from time to time, pay to each 12 such agency from its allotment, an amount not in excess of 13 such portion of the cost of carrying out its basic interstate 14 water pollution control program pursuant to a plan approved 15 under subsection (e), as may be determined in accordance 16 with regulations, including the cost of training personnel for 17 water pollution control work and including the cost of ad18 ministering the interstate agency's basic program.

19 "(e) The administrator may approve any plan for a

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program to prevent and control water pollution which is sub21 mitted by the State water pollution control agency or an 22 interstate agency, if such plan

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“(1) provides for administration or for the supervision of administration of the plan by the State water

pollution control agency, or in the case of a plan sub

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mitted by an interstate agency, by such interstate

agency;

"(2) provides that such agency will make such reports, in such form and containing information, as the Administrator may, from time to time, reasonably require to carry out his functions under this Act;

"(3) sets forth the plans, policies, and methods to be followed in carrying out the State (or interstate) plan and its administration.

“(4) provides for extension or improvement of the State or interstate program for prevention and con

trol of water pollution;

“(5) provides such accounting, budgeting, and other fiscal methods and procedures as are necessary for the proper and efficient administration of the plan:

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"(6) provides acceptable criteria to be used by the State in determining priority of projects as provided in section 8 (a) (2) (D).

20 The Administrator shall not disapprove any plan without 21 first giving reasonable notice and opportunity for a confer

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ence with the Administrator to the State water pollution 23 control agency or interstate agency which has submitted

24 such plan.

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"(f) (1) Whenever the Administrator, after reasonable.

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1 notice to a State water pollution control agency or interstate

2 agency and an opportunity for a conference of such agency 3 with the Administrator, finds that

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"(A) the plan submitted by such agency and approved under this section has been so changed that it no longer complies with a requirement of subsection

(e) of this section; or

"(B) in the administration of the plan there is a

failure to comply substantially with such a requirement, 10 the Administrator shall notify such agency that no further 11 payments will be made to the State or to the interstate 12 agency, as the case may be, under this section (or in his 13 discretion that further payments will not be made to the 14 State, or to the interstate agency, for projects under or parts 15 of the plan affected by such failure) until he is satisfied 16 that there will no longer be any such failure. Until he is 17 so satisfied, the Administrator shall make no further pay18 ments to such State, or to such interstate agency, as the 19 case may be, under this section (or shall limit payments 20 to projects under or parts of the plan in which there is no 21 such failure).

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"(g) (1) As used in this section, the 'Federal share' 23 for any State shall be 100 per centum less that percentage 24 which bears the same ratio to 50 per centum as the per