January 10, 1977
Page 594
By Mr. MUSKIE :
S. 57. A bill to amend the Federal Water Pollution Control Act, as amended, and for other purposes; to the Committee on Public Works.
WATER POLLUTION FUNDING
Mr. MUSKIE. Mr. President, last year, with the end of the session, legislation to extend the funding provisions of the Federal Clean Water Act died in a conference committee. Today, several States are in the position of exhausting their remaining water pollution construction grant funds in the near future.
The water pollution control program must be continued. The pipeline of construction activities in this vital environmental program must remain filled. Neither our environment nor our economy can afford a disruption in this program. The wastes of our cities must be treated, and the jobs that are created by the construction activity associated with this program must be continued.
Today I am introducing a very simple bill which is identical to measures passed by the Senate last session. This authorizes 2 years of water pollution construction grant funds, provides a system for allotment of those funds among the States and extends other needed authorization.
There are, of course, many other issues for which legislation has been suggested. None is as important as continuing the construction grant program.
I would hope my colleagues would refrain from offering amendments to this bill in order to avoid the kind of controversy that killed the legislation last year. I am committed to a thorough review of the Water Pollution Control Act; I am committed to reporting any needed amendments to that legislation as early as possible in this session of Congress; and I hope that this commitment will be adequate to satisfy the concerns of my colleagues. I would hope that we could get this legislation to the new President within days of his inauguration.
Mr. President, I ask unanimous consent to include a copy of the legislation in the RECORD, at the conclusion of my remarks. I ask further unanimous consent that two lists of the States, totalling 32 which may exhaust their funds, also be included in the RECORD.
Essentially, the first list is the best case and the second list is the worst. The reasons for the difference include the following :
Recognizing that their current allotments will not last, many States have slowed their programs to avoid completely running out of funds; and
Many States estimate an earlier runout date than that estimated by EPA.
There being no objection, the bill and material were ordered to be printed in the RECORD, as follows:
S. 57
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. Section 517 of the Federal Water Pollution Control Act, as amended (Pub. L. 92-500), is amended by striking the word "and" before the words $350,000,000" and by striking the period at the end thereof and inserting the words "and $350,000,000 for each of the fiscal years ending June 30, 1976, September 30, 1977, and September 30, 1978."
SEC. 2.(a) Section 104 of the Federal Water Pollution Control Act, as amended (PL. 92–500) , is amended by adding the following new subsection:
"(v) There are authorized to be appropriated to the Environmental Protection Agency for the following categories of research, development, and demonstration under this Act not to exceed $148,800,000 for each of the fiscal years ending September 30, 1977, and September 30, 1978, of which each year —
"(1) $89,900,000 shall be for programs authorized by paragraph (1) of subsection (u) of this section,
"(2) $5,600,000 shall be for programs authorized by paragraph (4) of subsection (u) of this section,
"(3) $2,000,000 shall be for programs authorized by paragraph (5) of subsection (u) of this section,
"(4) $20,000,000 shall be for programs authorized by paragraph (6) of subsection (u) of this section,
"(5) $24,700,000 shall be for programs authorized by section 105(h) of this Act,
"(6) $4,600,000 shall be for programs authorized by section 107 of this Act, and
"(7) $2,000,000 shall be for programs authorized by section 113 of this Act".
(b) Subsection (a) of section 106 of the Federal Water Pollution Control Act, as amended (PL. 92-500), is amended by striking the word "and" after the words "1973," and by inserting after the words "1974;" the following: "and (3) $75,000,000 for each of the fiscal years ending June 30, 1975, June 30, 1976, September 30, 1977, and September 30, 1978;".
(c) Subsection (c) of section 112 of the Federal Water Pollution Control Act, as amended to read as follows:
"(c). There are authorized to be appropriated $25,000,000 per fiscal year for the fiscal years ending June 30, 1973, June 30, 1974, June 30, 1975, June 30, 1976, September 30, 1977, and September 30, 1978, to carryout sections 109 through 112 of this Act.".
SEC. 3. (a) Section 207 of the Federal Water Pollution Control Act, as amended (85 Stat. 839) , is amended by striking the period at the end of the sentence and adding ", and for each of the fiscal years ending September 30, 1977, and September 30, 1978, subject to such amounts are are provided in appropriation Acts, not to exceed $5,000,000,000.".
(b) The first sentence of subsection (a) of section 205 of the Federal Water Pollution Control Act (86 Stat. 837) is amended by striking out "June 30, 1972," and inserting in lieu thereof "June 30, 1972, and before September 30, 1976,".
(c) Such section 205 is further amended by adding at the end thereof the following new subsections:
"(c) Sums authorized to be appropriated pursuant to section 207 for each fiscal year beginning after September 30, 1976, shall be allotted by the Administrator on October 1 of the fiscal year for which authorized. Sums authorized for the fiscal years ending September 30, 1977, and September 30, 1978, shall be allotted in ,accordance with the following table:
Proportional State share
Alabama .0110
Alaska .0048
Arizona .0064
Arkansas .0109
California .0831
Colorado .0081
Connecticut .0123
Delaware .0040
District of Columbia .0040
Florida .0361
Georgia .0201
Hawaii .0070
Idaho .0041
Illinois .0526
Indiana .0219
Iowa .0111
Kansas .0123
Kentucky .0151
Louisiana .0126
Maine .0055
Maryland .0382
Massachusetts .0279
Michigan .0473
Minnesota .0152
Mississippi .0075
Missouri .0200
Montana .0020
Nebraska .0062
Nevada .0030
New Hampshire .0068
New Jersey .0480
New Mexico .0026
New York .1062
North Carolina.0209
North Dakota .0019
Ohio .0560
Oklahoma .0136
Oregon .0084
Pennsylvania .0471
Rhode Island .0040
South Carolina.0132
South Dakota .0016
Tennessee .0150
Texas .0434
Utah .0051
Vermont .0022
Virginia .0222
Washington .0155
West Virginia .0218
Wisconsin .0201
Wyoming .0012
Virgin Islands .0005
Puerto Rico .0090
American Samoa .0003
Trust Territories .0020
Guam .0010
If the sums allotted to the States for a fiscal year are made subject to a limitation on obligation by an appropriation Act, such limitation shall apply to each State in proportion to its allotment.".
SEC. 4. (a) Section 208(f) (2) of the Federal Water Pollution Control Act (33 U.S.C. 2188) is amended to read as follows:
"(2) For the two year period beginning on the date the first grant is made under paragraph (1) of this subsection to an agency, if such first grant is made before October 1, 1977, the amount of each such grant to such agency shall be 100 per centum of the costs of developing and operating a continuing areawide waste treatment management planning process under subsection (b) of this section, and thereafter the amount granted to such agency shall not exceed 75 per centum of such costs in each succeeding one year period. In the case of any other grant made to an agency under such paragraph (1) of this subsection, the amount of such grant shall not exceed 75 per centum of the costs of developing and operating a continuing areawide waste treatment management planning process in any year.".
(b) The second sentence of section 208 (f) (3) of the Federal Water Pollution Control Act (33 U.S.C. 1288) is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: "subject to such amounts as are provided in appropriation Acts.".
(c) Section 208(f) (3) of the Federal Water Pollution Control Act (83 U.S.C. 1288) is amended by striking out "and not to exceed $150,000,000 for the fiscal year ending June 30, 1975."and inserting in lieu thereof "and not to exceed $150,000,000 per fiscal year for the fiscal years ending June 30, 1975, September 30, 1977, and September 30,1978.".
SEC. 5. Paragraph (2) of subsection (c) of section 314 of the Federal Water Pollution Control Act, as amended, is amended to read as follows:
"(2) There is authorized to be appropriated $50,000,000 for the fiscal year ending June 30, 1973; $100,000,000 for the fiscal year ending June 30, 1974; and $150,000,000 for each of the fiscal years 1975, 1976, 1977, and1978 for grants to States under this section which such sums shall remain available until expended. The Administrator shall provide for an equitable distribution of such sums to the States with approved methods and procedures under this section.".
STATES AND FUNDS
STATES WHICH EPA SAYS DEFINITELY WILL RUN OUT OF FUNDS IN FY 77
Maine Texas
New Jersey Missouri
Virginia Nebraska
HawaiiWyoming
Alabama Nevada
Illinois
ADDITIONAL STATES WHICH STAFF ESTIMATES MAY RUN OUT OF FUNDS IN FY 77
AlaskaNew Hampshire
Arizona New Mexico
Arkansas New York
California North. Dakota
Colorado Ohio
Delaware Oregon
Idaho Rhode Island
Iowa Texas
Michigan Utah
Minnesota Washington Mississippi