Home > 106th Congressional Public Laws > Pub.L. 106-285 To amend the Act entitled ``An Act relating to the water rights of the Ak-Chin Indian Community'' to clarify certain provisions concerning the leasing of such water rights, and for other purposes. <> %%Fil...

Pub.L. 106-285 To amend the Act entitled ``An Act relating to the water rights of the Ak-Chin Indian Community'' to clarify certain provisions concerning the leasing of such water rights, and for other purposes. <> %%Fil...


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[[Page 870]]

     BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH ACT OF 2000

[[Page 114 STAT. 871]]

Public Law 106-284
106th Congress

                                 An Act


 
To amend the Federal Water Pollution Control Act to improve the quality 
 of coastal recreation waters, and for other purposes. <<NOTE: Oct. 10, 
                          2000 -  [H.R. 999]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Beaches 
Environmental Assessment and Coastal Health Act of 2000. Inter-
governmental relations. Public health and safety. 33 USC 1251 note.>> 

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.-- <<NOTE: Deadlines.>> 
                    ``(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.

[[Page 114 STAT. 872]]

                    ``(B) <<NOTE: Publication.>>  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) <<NOTE: Deadlines.>>  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) <<NOTE: Deadlines.>>  Revised criteria for coastal 
        recreation waters.--
                    ``(A) <<NOTE: Publication.>>  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,

[[Page 114 STAT. 873]]

                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. <<NOTE: 33 USC 1346.>>  COASTAL RECREATION WATER QUALITY 
            MONITORING AND NOTIFICATION.

    ``(a) <<NOTE: Deadline. Publication.>>  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 may 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

[[Page 114 STAT. 874]]

                      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;

[[Page 114 STAT. 875]]

            ``(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) <<NOTE: Deadline.>>  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 

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