,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dgci ,,in ,,the ,,house ,,of ,,representatives ,may #bb1 #bjad ,mr4 ,reed 7for himself and ,mr4 ,murphy of ,florida7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to provide assistance to communities affected by total maximum daily loads established by the ,administrator of the ,environmental ,protection ,agency1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,impaired ,waters ,improvement ,act4 #b4 ,definitions ,in this ,act1 the following definitions apply3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,covered ,,tmdl ,the term covered ,,tmdl means a total maximum daily load for nitrogen1 phosphorus1 or sediment established under section #cjc7;d7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acac7;d774 7#c7 ,covered ,,tmdl jurisdiction 7,a7 ,in general ,the term covered ,,tmdl jurisdiction means a geographic area that is subject to a covered ,,tmdl4 7,b7 ,inclusion of ,chesapeake ,bay ,the term covered ,,tmdl jurisdiction includes the geographic area subject to total maximum daily load for pollutants for the ,chesapeake ,bay and its tidal tributaries established by the ,administrator on ,december #bi1 #bjaj1 and noticed at #gf ,fed4 ,reg4 #edi 7,january #e1 #bjaa74 7#d7 ,publicly owned stormwater management practices ,the term publicly owned stormwater management practices means techniques for managing and treating rainwater runoff that are the responsibility of the public sector1 including1 and by order of preference1 practices which-- 7,a7 utilize or mimic natural infiltration of rainwater into the ground2 7,b7 hold and treat runoff by allowing plant materials to take up pollutants2 and 7,c7 capture runoff and hold it for a period of time sufficient to allow pollutants to settle out or evaporate1 and which substantially reduce the volume of runoff in local waters during peak runoff periods4 7#e7 ,treatment works ,the term treatment works has the meaning given the term in section #bab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abib74 #c4 ,grants to assist covered ,,tmdl jurisdictions 7a7 ,in general ,the ,administrator of the ,environmental ,protection ,agency may make grants to the owner or operator of-- 7#a7 a publicly owned treatment works serving a covered ,,tmdl jurisdiction2 7#b7 publicly owned storm water management practices serving a covered ,,tmdl jurisdiction2 or 7#c7 a privately owned farm implementing methods to reduce discharges of nitrogen1 phosphorus1 or sediment in a covered ,,tmdl jurisdiction4 7b7 ,applications 7#a7 ,in general ,to be eligible for a grant under this section1 an owner or operator referred to in subsection 7a7 shall submit to the ,administrator an application at such time1 in such form1 and containing such information as the ,administrator may require4 7#b7 ,required information ,the application1 at a minimum1 shall contain a description of how the amounts of the grant will be used to assist the applicant in meeting a covered ,,tmdl4 7c7 ,award of grants 7#a7 ,in general ,subject to paragraph 7#b71 the ,administrator shall award grants to applicants under this section on a competitive basis4 7#b7 ,considerations ,in awarding grants to applicants under this section1 the ,administrator shall consider-- 7,a7 the demonstrated need of the applicant for the grant2 and 7,b7 with respect to the project to be funded using the grant-- 7i7 the effectiveness of any technologies that will be used2 7ii7 the ecological sensitivity of the geographic area involved2 and 7iii7 whether the use of existing facilities1 if any1 will be maximized4 7d7 ,use of grants 7#a7 ,in general ,a recipient of a grant under this section shall use the amounts of the grant to implement methods to reduce discharges of nitrogen1 phosphorus1 and sediment-- 7,a7 using proven technology and practices2 or 7,b7 using an innovative practice1 subject to a determination by the ,administrator that the innovative practice is reasonably expected to reduce the discharges4 7#b7 ,grants to farms 7,a7 ,engineering or consultation work for water storage projects ,in the case of a grant made to an owner or operator referred to in subsection 7a77#c71 amounts of the grant may be used for engineering or consultation work in designing a water storage project if-- 7i7 the project complies with the limitation in paragraph 7#c72 and 7ii7 the project is completed within #e years of the date of receipt of the grant4 7,b7 ,repayment of certain grant amounts ,the ,administrator shall require repayment of a grant made to carry out a project described in subparagraph 7,a7 if the project is not completed within #e years of the date of receipt of the grant4 7#c7 ,limitation ,a recipient of a grant under this section may not use the amounts of the grant-- 7,a7 to pay the salary of any individual who is employed by the recipient as of the date of receipt of the grant2 or 7,b7 to pay the salary of any individual hired by the recipient after that date unless-- 7i7 the individual is an expert in the field of reducing discharges from treatment works2 and 7ii7 the recipient can demonstrate1 to the satisfaction of the ,administrator1 that the individual will assist in meeting a covered ,,tmdl4 7e7 ,grant amount ,the ,administrator may not make grants under this section to a grant recipient in an amount that exceeds #b1jjj1jjj in a fiscal year4 7f7 ,federal share ,the ,federal share of the cost of a program or activity carried out using amounts from a grant received under this section may not exceed two-thirds of the cost of the program or activity4 #d4 ,impaired ,waters ,improvement ,fund 7a7 ,increase in civil penalties 7#a7 ,in general ,the ,administrator shall prescribe by regulation an increase in the amount of a civil penalty assessed for a violation of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq474 7#b7 ,amount of increase ,the amount of the increase shall be #e percent of the civil penalty amount determined under that ,act for the violation4 7#c7 ,applicability ,the regulations shall apply the increased civil penalty amount only to violations occurring after the date of enactment of this ,act4 7b7 ,establishment of ,impaired ,waters ,improvement ,fund 7#a7 ,in general ,there is established in the ,treasury of the ,united ,states a trust fund to be known as the ,impaired ,waters ,improvement ,fund4 7#b7 ,transfer to fund ,there are hereby appropriated to the ,impaired ,waters ,improvement ,fund for each of fiscal years #bjae through #bjai amounts equivalent to amounts received in the ,treasury that are attributable to increases in civil penalty amounts assessed pursuant to subsection 7a7 or #ajj1jjj1jjj1 whichever is less4 7#c7 ,expenditures ,amounts in the ,impaired ,waters ,improvement ,fund shall be available1 as provided in appropriations ,acts1 for making expenditures to carry out section #c4