Page:United States Statutes at Large Volume 114 Part 1.djvu/908

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114 STAT. 872 PUBLIC LAW 106-284—OCT. 10, 2000 33 USC 1346. Deadline. Publication. 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. COASTAL RECREATION WATER QUALITY MONITORING AND NOTIFICATION. "(a) 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 coasted 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 gmd 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