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CHAPTER 26—WATER POLLUTION Sec. PREVENTION AND CONTROL 1301. Sewer overflow control grants. SUBCHAPTER III—STANDARDS AND SUBCHAPTER I—RESEARCH AND RELATED ENFORCEMENT PROGRAMS 1311. Effluent limitations. Sec. 1312. Water quality related effluent limitations. 1251. Congressional declaration of goals and policy. 1313. Water quality standards and implementation 1252. Comprehensive programs for water pollution plans. control. 1313a. Revised water quality standards. 1252a. Reservoir projects, water storage; modifica- 1314. Information and guidelines tion; storage for other than for water qual- 1315. State reports on water quality. ity, opinion of Federal agency, committee 1316. National standards of performance. resolutions of approval; provisions inap- 1317. Toxic and pretreatment effluent standards. plicable to projects with certain prescribed 1318. Records and reports; inspections. water quality benefits in relation to total 1319. Enforcement. project benefits. 1320. International pollution abatement. 1253. Interstate cooperation and uniform laws. 1321. Oil and hazardous substance liability. 1254. Research, investigations, training, and infor- 1321a. Prevention of small oil spills. mation. 1321b. Improved coordination with tribal govern- 1254a. Research on effects of pollutants. ments. 1255. Grants for research and development. 1321c. International efforts on enforcement. 1256. Grants for pollution control programs. 1322. Marine sanitation devices. 1257. Mine water pollution control demonstrations. 1323. Federal facilities pollution control. 1257a. State demonstration programs for cleanup of 1324. Clean lakes. abandoned mines for use as waste disposal 1325. National Study Commission. sites; authorization of appropriations. 1326. Thermal discharges. 1258. Pollution control in the Great Lakes. 1327. Omitted. 1259. Training grants and contracts. 1328. Aquaculture. 1260. Applications; allocation. 1329. Nonpoint source management programs. 1261. Scholarships. 1330. National estuary program. 1262. Definitions and authorizations. 1263. Alaska village demonstration projects. SUBCHAPTER IV—PERMITS AND LICENSES 1263a. Grants to Alaska to improve sanitation in 1341. Certification. rural and Native villages. 1342. National pollutant discharge elimination sys- 1264. Omitted. tem. 1265. In-place toxic pollutants. 1343. Ocean discharge criteria. 1266. Hudson River reclamation demonstration 1344. Permits for dredged or fill material. project. 1345. Disposal or use of sewage sludge. 1267. Chesapeake Bay. 1346. Coastal recreation water quality monitoring 1268. Great Lakes. and notification. 1269. Long Island Sound. SUBCHAPTER V—GENERAL PROVISIONS 1270. Lake Champlain Basin Program. 1271. Sediment survey and monitoring. 1361. Administration. 1271a. Research and development program. 1362. Definitions. 1272. Environmental dredging. 1363. Water Pollution Control Advisory Board. 1273. Lake Pontchartrain Basin. 1364. Emergency powers. 1274. Wet weather watershed pilot projects. 1365. Citizen suits. 1366. Appearance. SUBCHAPTER II—GRANTS FOR CONSTRUCTION 1367. Employee protection. OF TREATMENT WORKS 1368. Federal procurement. 1281. Congressional declaration of purpose. 1369. Administrative procedure and judicial review. 1281a. Total treatment system funding. 1370. State authority. 1281b. Availability of Farmers Home Administra- 1371. Authority under other laws and regulations. tion funds for non-Federal share. 1372. Labor standards. 1282. Federal share. 1373. Public health agency coordination. 1283. Plans, specifications, estimates, and pay- 1374. Effluent Standards and Water Quality Infor- ments. mation Advisory Committee. 1284. Limitations and conditions. 1375. Reports to Congress; detailed estimates and 1285. Allotment of grant funds. comprehensive study on costs; State esti- 1286. Reimbursement and advanced construction. mates. 1287. Authorization of appropriations. 1375a. Report on coastal recreation waters. 1288. Areawide waste treatment management. 1376. Authorization of appropriations. 1289. Basin planning. 1377. Indian tribes. 1290. Annual survey. SUBCHAPTER VI—STATE WATER POLLUTION 1291. Sewage collection systems. CONTROL REVOLVING FUNDS 1292. Definitions. 1293. Loan guarantees. 1381. Grants to States for establishment of revolv- 1293a. Contained spoil disposal facilities. ing funds. 1294. Public information and education on recy- 1382. Capitalization grant agreements. cling and reuse of wastewater, use of land 1383. Water pollution control revolving loan funds. treatment, and reduction of wastewater vol- 1384. Allotment of funds. ume. 1385. Corrective action. 1295. Requirements for American materials. 1386. Audits, reports, and fiscal controls; intended 1296. Determination of priority of projects. use plan. 1297. Guidelines for cost-effectiveness analysis. 1387. Authorization of appropriations. 1298. Cost effectiveness. CODIFICATION 1299. State certification of projects. 1300. Pilot program for alternative water source The Federal Water Pollution Control Act, comprising projects. this chapter, was originally enacted by act June 30, § 1251 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 314

1948, ch. 758, 62 Stat. 1155, and amended by acts July 17, to consult with the Administrator in the exer- 1952, ch. 927, 66 Stat. 755; July 9, 1956, ch. 518, §§ 1, 2, 70 cise of his authority under this chapter. It is the Stat. 498–507; June 25, 1959, Pub. L. 86–70, 73 Stat. 141; policy of Congress that the States manage the July 12, 1960, Pub. L. 86–624, 74 Stat. 411; July 20, 1961, construction grant program under this chapter Pub. L. 87–88, 75 Stat. 204; Oct. 2, 1965, Pub. L. 89–234, 79 Stat. 903; Nov. 3, 1966, Pub. L. 89–753, 80 Stat. 1246; Apr. and implement the permit programs under sec- 3, 1970, Pub. L. 91–224, 84 Stat. 91; Dec. 31, 1970, Pub. L. tions 1342 and 1344 of this title. It is further the 91–611, 84 Stat. 1818; July 9, 1971, Pub. L. 92–50, 85 Stat. policy of the Congress to support and aid re- 124; Oct. 13, 1971, Pub. L. 92–137, 85 Stat. 379; Mar. 1, search relating to the prevention, reduction, and 1972, Pub. L. 92–240, 86 Stat. 47, and was formerly classi- elimination of pollution and to provide Federal fied first to section 466 et seq. of this title and later to technical services and financial aid to State and section 1151 et seq. of this title. The act is shown here- interstate agencies and municipalities in con- in, however, as having been added by Pub. L. 92–500 nection with the prevention, reduction, and without reference to such intervening amendments be- cause of the extensive amendment, reorganization, and elimination of pollution. expansion of the act’s provisions by Pub. L. 92–500. (c) Congressional policy toward Presidential ac- tivities with foreign countries SUBCHAPTER I—RESEARCH AND RELATED PROGRAMS It is further the policy of Congress that the President, acting through the Secretary of State § 1251. Congressional declaration of goals and and such national and international organiza- policy tions as he determines appropriate, shall take (a) Restoration and maintenance of chemical, such action as may be necessary to insure that physical and biological integrity of Nation’s to the fullest extent possible all foreign coun- waters; national goals for achievement of ob- tries shall take meaningful action for the pre- jective vention, reduction, and elimination of pollution in their waters and in international waters and The objective of this chapter is to restore and for the achievement of goals regarding the maintain the chemical, physical, and biological elimination of discharge of pollutants and the integrity of the Nation’s waters. In order to improvement of water quality to at least the achieve this objective it is hereby declared that, same extent as the United States does under its consistent with the provisions of this chapter— laws. (1) it is the national goal that the discharge of pollutants into the navigable waters be (d) Administrator of Environmental Protection eliminated by 1985; Agency to administer chapter (2) it is the national goal that wherever at- Except as otherwise expressly provided in this tainable, an interim goal of water quality chapter, the Administrator of the Environ- which provides for the protection and propaga- mental Protection Agency (hereinafter in this tion of fish, shellfish, and wildlife and provides chapter called ‘‘Administrator’’) shall admin- for recreation in and on the water be achieved ister this chapter. by July 1, 1983; (e) Public participation in development, revision, (3) it is the national policy that the dis- and enforcement of any regulation, etc. charge of toxic pollutants in toxic amounts be Public participation in the development, revi- prohibited; sion, and enforcement of any regulation, stand- (4) it is the national policy that Federal fi- ard, effluent limitation, plan, or program estab- nancial assistance be provided to construct lished by the Administrator or any State under publicly owned waste treatment works; this chapter shall be provided for, encouraged, (5) it is the national policy that areawide and assisted by the Administrator and the waste treatment management planning proc- States. The Administrator, in cooperation with esses be developed and implemented to assure the States, shall develop and publish regulations adequate control of sources of pollutants in specifying minimum guidelines for public par- each State; ticipation in such processes. (6) it is the national policy that a major re- search and demonstration effort be made to (f) Procedures utilized for implementing chapter develop technology necessary to eliminate the It is the national policy that to the maximum discharge of pollutants into the navigable wa- extent possible the procedures utilized for im- ters, waters of the contiguous zone, and the plementing this chapter shall encourage the oceans; and drastic minimization of paperwork and inter- (7) it is the national policy that programs agency decision procedures, and the best use of for the control of nonpoint sources of pollu- available manpower and funds, so as to prevent tion be developed and implemented in an expe- needless duplication and unnecessary delays at ditious manner so as to enable the goals of all levels of government. this chapter to be met through the control of (g) Authority of States over water both point and nonpoint sources of pollution. It is the policy of Congress that the authority (b) Congressional recognition, preservation, and of each State to allocate quantities of water protection of primary responsibilities and within its jurisdiction shall not be superseded, rights of States abrogated or otherwise impaired by this chap- It is the policy of the Congress to recognize, ter. It is the further policy of Congress that preserve, and protect the primary responsibil- nothing in this chapter shall be construed to su- ities and rights of States to prevent, reduce, and persede or abrogate rights to quantities of water eliminate pollution, to plan the development which have been established by any State. Fed- and use (including restoration, preservation, and eral agencies shall co-operate with State and enhancement) of land and water resources, and local agencies to develop comprehensive solu- Page 315 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1251 tions to prevent, reduce and eliminate pollution this title, amending sections 1268, 1324, and 1416 of this in concert with programs for managing water title, and enacting provisions set out as notes under resources. this section and section 1270 of this title] may be cited as the ‘Great Lakes Critical Programs Act of 1990’.’’ (June 30, 1948, ch. 758, title I, § 101, as added Pub. Pub. L. 101–596, title II, § 201, Nov. 16, 1990, 104 Stat. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816; amended 3004, provided that: ‘‘This part [probably means title, Pub. L. 95–217, §§ 5(a), 26(b), Dec. 27, 1977, 91 Stat. enacting section 1269 of this title and amending section 1567, 1575; Pub. L. 100–4, title III, § 316(b), Feb. 4, 1416 of this title] may be cited as the ‘Long Island 1987, 101 Stat. 60.) Sound Improvement Act of 1990’.’’ Pub. L. 101–596, title III, § 301, Nov. 16, 1990, 104 Stat. AMENDMENTS 3006, provided that: ‘‘This title [enacting section 1270 of 1987—Subsec. (a)(7). Pub. L. 100–4 added par. (7). this title, amending section 1324 of this title, and en- 1977—Subsec. (b). Pub. L. 95–217, § 26(b), inserted pro- acting provisions set out as a note under section 1270 of visions expressing Congressional policy that the States this title] may be cited as the ‘Lake Champlain Special manage the construction grant program under this Designation Act of 1990’.’’ chapter and implement the permit program under sec- tions 1342 and 1344 of this title. SHORT TITLE OF 1988 AMENDMENT Subsec. (g). Pub. L. 95–217, § 5(a), added subsec. (g). Pub. L. 100–653, title X, § 1001, Nov. 14, 1988, 102 Stat. 3835, provided that: ‘‘This title [amending section 1330 SHORT TITLE OF 2008 AMENDMENT of this title and enacting provisions set out as notes Pub. L. 110–365, § 1, Oct. 8, 2008, 122 Stat. 4021, provided under section 1330 of this title] may be cited as the that: ‘‘This Act [amending sections 1268 and 1271a of ‘Massachusetts Bay Protection Act of 1988’.’’ this title] may be cited as the ‘Great Lakes Legacy Re- authorization Act of 2008’.’’ SHORT TITLE OF 1987 AMENDMENT Pub. L. 110–288, § 1, July 29, 2008, 122 Stat. 2650, pro- Section 1(a) of Pub. L. 100–4 provided that: ‘‘This Act vided that: ‘‘This Act [amending sections 1322, 1342, and [enacting sections 1254a, 1267, 1268, 1281b, 1329, 1330, 1377, 1362 of this title] may be cited as the ‘Clean Boating 1381 to 1387, and 1414a of this title, amending this sec- Act of 2008’.’’ tion and sections 1254, 1256, 1262, 1281, 1282 to 1285, 1287, SHORT TITLE OF 2002 AMENDMENT 1288, 1291, 1311 to 1313, 1314, 1317 to 1322, 1324, 1342, 1344, Pub. L. 107–303, § 1(a), Nov. 27, 2002, 116 Stat. 2355, pro- 1345, 1361, 1362, 1365, 1369, 1375, and 1376 of this title, and vided that: ‘‘This Act [enacting section 1271a of this enacting provisions set out as notes under this section, title, amending sections 1254, 1266, 1268, 1270, 1285, 1290, sections 1284, 1311, 1317, 1319, 1330, 1342, 1345, 1362, 1375, 1324, 1329, 1330, and 1375 of this title, enacting provi- and 1414a of this title, and section 1962d–20 of Title 42, sions set out as notes under this section, section 1254 of The Public Health and Welfare] may be cited as the this title, and section 1113 of Title 31, Money and Fi- ‘Water Quality Act of 1987’.’’ nance, and repealing provisions set out as a note under SHORT TITLE OF 1981 AMENDMENT section 50 of Title 20, Education] may be cited as the ‘Great Lakes and Lake Champlain Act of 2002’.’’ Pub. L. 97–117, § 1, Dec. 29, 1981, 95 Stat. 1623, provided Pub. L. 107–303, title I, § 101, Nov. 27, 2002, 116 Stat. that: ‘‘This Act [enacting sections 1298, 1299, and 1313a 2355, provided that: ‘‘This title [enacting section 1271a of this title, amending sections 1281 to 1285, 1287, 1291, of this title and amending section 1268 of this title] 1292, 1296, 1311, and 1314 of this title, and enacting provi- may be cited as the ‘Great Lakes Legacy Act of 2002’.’’ sions set out as notes under sections 1311 and 1375 of Pub. L. 107–303, title II, § 201, Nov. 27, 2002, 116 Stat. this title] may be cited as the ‘Municipal Wastewater 2358, provided that: ‘‘This title [amending section 1270 Treatment Construction Grant Amendments of 1981’.’’ of this title] may be cited as the ‘Daniel Patrick Moy- nihan Lake Champlain Basin Program Act of 2002’.’’ SHORT TITLE OF 1977 AMENDMENT Section 1 of Pub. L. 95–217 provided: ‘‘That this Act SHORT TITLE OF 2000 AMENDMENTS [enacting sections 1281a, 1294 to 1296, and 1297 of this Pub. L. 106–457, title II, § 201, Nov. 7, 2000, 114 Stat. title, amending this section and sections 1252, 1254 to 1967, provided that: ‘‘This title [amending section 1267 1256, 1259, 1262, 1263, 1281, 1282 to 1288, 1291, 1292, 1311, of this title and enacting provisions set out as a note 1314, 1315, 1317 to 1319, 1321 to 1324, 1328, 1341, 1342, 1344, under section 1267 of this title] may be cited as the 1345, 1362, 1364, 1375, and 1376 of this title, enacting pro- ‘Chesapeake Bay Restoration Act of 2000’.’’ visions set out as notes under this section and sections Pub. L. 106–457, title IV, § 401, Nov. 7, 2000, 114 Stat. 1284, 1286, 1314, 1321, 1342, 1344, and 1376 of this title, and 1973, provided that: ‘‘This title [amending section 1269 amending provisions set out as a note under this sec- of this title] may be cited as the ‘Long Island Sound tion] may be cited as the ‘Clean Water Act of 1977’.’’ Restoration Act’.’’ Pub. L. 106–457, title V, § 501, Nov. 7, 2000, 114 Stat. SHORT TITLE 1973, provided that: ‘‘This title [enacting section 1273 of Section 1 of Pub. L. 92–500 provided that: ‘‘That this this title] may be cited as the ‘Lake Pontchartrain Act [enacting this chapter, amending section 24 of Title Basin Restoration Act of 2000’.’’ Pub. L. 106–457, title VI, § 601, Nov. 7, 2000, 114 Stat. 12, Banks and Banking, sections 633 and 636 of Title 15, 1975, provided that: ‘‘This title [enacting section 1300 of Commerce and Trade, and section 711 of former Title 31, this title] may be cited as the ‘Alternative Water Money and Finance, and enacting provisions set out as Sources Act of 2000’.’’ notes under this section and sections 1281 and 1361 of Pub. L. 106–284, § 1, Oct. 10, 2000, 114 Stat. 870, provided this title] may be cited as the ‘Federal Water Pollution that: ‘‘This Act [enacting sections 1346 and 1375a of this Control Act Amendments of 1972’.’’ title and amending sections 1254, 1313, 1314, 1362, and Section 519, formerly section 518, of Act June 30, 1948, 1377 of this title] may be cited as the ‘Beaches Environ- ch. 758, title V, as added Oct. 18, 1972, Pub. L. 92–500, § 2, mental Assessment and Coastal Health Act of 2000’.’’ 86 Stat. 896, and amended Dec. 27, 1977, Pub. L. 95–217, § 2, 91 Stat. 1566, and renumbered § 519, Feb. 4, 1987, Pub. SHORT TITLE OF 1994 AMENDMENT L. 100–4, title V, § 506, 101 Stat. 76, provided that: ‘‘This Pub. L. 103–431, § 1, Oct. 31, 1994, 108 Stat. 4396, pro- Act [this chapter] may be cited as the ‘Federal Water vided that: ‘‘This Act [amending section 1311 of this Pollution Control Act’ (commonly referred to as the title] may be cited as the ‘Ocean Pollution Reduction Clean Water Act).’’ Act’.’’ SAVINGS PROVISION SHORT TITLE OF 1990 AMENDMENT Section 4 of Pub. L. 92–500 provided that: Pub. L. 101–596, § 1, Nov. 16, 1990, 104 Stat. 3000, pro- ‘‘(a) No suit, action, or other proceeding lawfully vided that: ‘‘This Act [enacting sections 1269 and 1270 of commenced by or against the Administrator or any § 1251 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 316 other officer or employee of the United States in his of- ‘‘(4) the evaluation of current and projected sys- ficial capacity or in relation to the discharge of his of- tems for human sewage treatment in eliminating vi- ficial duties under the Federal Water Pollution Control ruses and other human enteric pathogens which accu- Act as in effect immediately prior to the date of enact- mulate in shellfish; ment of this Act [Oct. 18, 1972] shall abate by reason of ‘‘(5) the design of epidemiological studies to relate the taking effect of the amendment made by section 2 microbiological data, sanitary survey data, and of this Act [which enacted this chapter]. The court human shellfish consumption data to actual hazards may, on its own motion or that of any party made at to health associated with such consumption; and any time within twelve months after such taking ef- ‘‘(6) recommendations for revising Federal shellfish fect, allow the same to be maintained by or against the standards and improving the capabilities of Federal Administrator or such officer or employee. and State agencies to effectively manage shellfish ‘‘(b) All rules, regulations, orders, determinations, and ensure the safety of shellfish intended for human contracts, certifications, authorizations, delegations, consumption. or other actions duly issued, made, or taken by or pur- ‘‘(b) ADVISORY COMMITTEE.—(1) For the purpose of suant to the Federal Water Pollution Control Act as in providing oversight of the Program on a continuing effect immediately prior to the date of enactment of basis, an advisory committee (hereafter in this section this Act [Oct. 18, 1972], and pertaining to any functions, referred to as the ‘Committee’) shall be established powers, requirements, and duties under the Federal under a memorandum of understanding between the Water Pollution Control Act as in effect immediately Interstate Shellfish Sanitation Conference and the Na- prior to the date of enactment of this Act [Oct. 18, 1972] tional Marine Fisheries Service. shall continue in full force and effect after the date of ‘‘(2) The Committee shall— enactment of this Act [Oct. 18, 1972] until modified or ‘‘(A) identify priorities for achieving the purpose of rescinded in accordance with the Federal Water Pollu- the Program; tion Control Act as amended by this Act [this chapter]. ‘‘(B) review and recommend approval or disapproval ‘‘(c) The Federal Water Pollution Control Act as in of Program work plans and plans of operation; effect immediately prior to the date of enactment of ‘‘(C) review and comment on all subcontracts and this Act [Oct. 18, 1972] shall remain applicable to all grants to be awarded under the Program; grants made from funds authorized for the fiscal year ‘‘(D) receive and review progress reports from the ending June 30, 1972, and prior fiscal years, including Consortium and program subcontractors and grant- any increases in the monetary amount of any such ees; and grant which may be paid from authorizations for fiscal ‘‘(E) provide such other advice on the Program as is years beginning after June 30, 1972, except as specifi- appropriate. cally otherwise provided in section 202 of the Federal ‘‘(3) The Committee shall consist of at least ten mem- Water Pollution Control Act as amended by this Act bers and shall include— [section 1282 of this title] and in subsection (c) of sec- ‘‘(A) three members representing agencies having tion 3 of this Act.’’ authority under State law to regulate the shellfish industry, of whom one shall represent each of the At- SEPARABILITY lantic, Pacific, and Gulf of Mexico shellfish growing Section 512 of act June 30, 1948, ch. 758, title V, as regions; added Oct. 18, 1972, Pub. L. 92–500, § 2, 86 Stat. 894, pro- ‘‘(B) three members representing persons engaged vided that: ‘‘If any provision of this Act [this chapter], in the shellfish industry in the Atlantic, Pacific, and or the application of any provision of this Act [this Gulf of Mexico shellfish growing regions (who shall be chapter] to any person or circumstance, is held invalid, appointed from among at least six recommendations the application of such provision to other persons or by the industry members of the Interstate Shellfish circumstances, and the remainder of this Act [this Sanitation Conference Executive Board), of whom chapter], shall not be affected thereby.’’ one shall represent the shellfish industry in each re- gion; NATIONAL SHELLFISH INDICATOR PROGRAM ‘‘(C) three members, of whom one shall represent Pub. L. 102–567, title III, § 308, Oct. 29, 1992, 106 Stat. each of the following Federal agencies: the National 4286; as amended by Pub. L. 105–362, title II, § 201(b), Oceanic and Atmospheric Administration, the Envi- Nov. 10, 1998, 112 Stat. 3282, provided that: ronmental Protection Agency, and the Food and Drug ‘‘(a) ESTABLISHMENT OF A RESEARCH PROGRAM.—The Administration; and Secretary of Commerce, in cooperation with the Sec- ‘‘(D) one member representing the Shellfish Insti- retary of Health and Human Services and the Adminis- tute of North America. trator of the Environmental Protection Agency, shall ‘‘(4) The Chairman of the Committee shall be selected establish and administer a 5-year national shellfish re- from among the Committee members described in para- search program (hereafter in this section referred to as graph (3)(A). the ‘Program’) for the purpose of improving existing ‘‘(5) The Committee shall establish and maintain a classification systems for shellfish growing waters subcommittee of scientific experts to provide advice, using the latest technological advancements in micro- assistance, and information relevant to research funded biology and epidemiological methods. Within 12 months under the Program, except that no individual who is after the date of enactment of this Act [Oct. 29, 1992], awarded, or whose application is being considered for, the Secretary of Commerce, in cooperation with the ad- a grant or subcontract under the Program may serve on visory committee established under subsection (b) and such subcommittee. The membership of the sub- the Consortium, shall develop a comprehensive 5-year committee shall, to the extent practicable, be region- plan for the Program which shall at a minimum pro- ally balanced with experts who have scientific knowl- vide for— edge concerning each of the Atlantic, Pacific, and Gulf ‘‘(1) an environmental assessment of commercial of Mexico shellfish growing regions. Scientists from the shellfish growing areas in the United States, includ- National Academy of Sciences and appropriate Federal ing an evaluation of the relationships between indica- agencies (including the National Oceanic and Atmos- tors of fecal contamination and human enteric patho- pheric Administration, Food and Drug Administration, gens; Centers for Disease Control, National Institutes of ‘‘(2) the evaluation of such relationships with re- Health, Environmental Protection Agency, and Na- spect to potential health hazards associated with tional Science Foundation) shall be considered for human consumption of shellfish; membership on the subcommittee. ‘‘(3) a comparison of the current microbiological ‘‘(6) Members of the Committee and its scientific sub- methods used for evaluating indicator bacteria and committee established under this subsection shall not human enteric pathogens in shellfish and shellfish be paid for serving on the Committee or subcommittee, growing waters with new technological methods de- but shall receive travel expenses as authorized by sec- signed for this purpose; tion 5703 of title 5, United States Code. Page 317 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1251

‘‘(c) CONTRACT WITH CONSORTIUM.—Within 30 days view of the research, pilot, and demonstration pro- after the date of enactment of this Act [Oct. 29, 1992], grams related to prevention and control of water pollu- the Secretary of Commerce shall seek to enter into a tion conducted, supported, or assisted by any Federal cooperative agreement or contract with the Consor- agency pursuant to any Federal law or regulation and tium under which the Consortium will— assess conflicts between these programs and their co- ‘‘(1) be the academic administrative organization ordination and efficacy, and to report to Congress and fiscal agent for the Program; thereon by Oct. 1, 1973. ‘‘(2) award and administer such grants and sub- contracts as are approved by the Committee under INTERNATIONAL TRADE STUDY subsection (b); Section 6 of Pub. L. 92–500 provided that: ‘‘(3) develop and implement a scientific peer review ‘‘(a) The Secretary of Commerce, in cooperation with process for evaluating grant and subcontractor appli- other interested Federal agencies and with representa- cations prior to review by the Committee; tives of industry and the public, shall undertake imme- ‘‘(4) in cooperation with the Secretary of Commerce diately an investigation and study to determine— and the Committee, procure the services of a sci- ‘‘(1) the extent to which pollution abatement and entific project director; control programs will be imposed on, or voluntarily ‘‘(5) develop and submit budgets, progress reports, undertaken by, United States manufacturers in the work plans, and plans of operation for the Program to near future and the probable short- and long-range ef- the Secretary of Commerce and the Committee; and fects of the costs of such programs (computed to the ‘‘(6) make available to the Committee such staff, greatest extent practicable on an industry-by-indus- information, and assistance as the Committee may try basis) on (A) the production costs of such domes- reasonably require to carry out its activities. tic manufacturers, and (B) the market prices of the ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—(1) Of the goods produced by them; sums authorized under section 4(a) of the National Oce- ‘‘(2) the probable extent to which pollution abate- anic and Atmospheric Administration Marine Fisheries ment and control programs will be implemented in Program Authorization Act (Public Law 98–210; 97 Stat. foreign industrial nations in the near future and the 1409), there are authorized to be appropriated to the extent to which the production costs (computed to Secretary of Commerce $5,200,000 for each of the fiscal the greatest extent practicable on an industry-by-in- years 1993 through 1997 for carrying out the Program. dustry basis) of foreign manufacturers will be af- Of the amounts appropriated pursuant to this author- fected by the costs of such programs; ization, not more than 5 percent of such appropriation ‘‘(3) the probable competitive advantage which any may be used for administrative purposes by the Na- article manufactured in a foreign nation will likely tional Oceanic and Atmospheric Administration. The have in relation to a comparable article made in the remaining 95 percent of such appropriation shall be United States if that foreign nation— used to meet the administrative and scientific objec- ‘‘(A) does not require its manufacturers to imple- tives of the Program. ment pollution abatement and control programs. ‘‘(2) The Interstate Shellfish Sanitation Conference ‘‘(B) requires a lesser degree of pollution abate- shall not administer appropriations authorized under ment and control in its programs, or this section, but may be reimbursed from such appro- ‘‘(C) in any way reimburses or otherwise sub- priations for its expenses in arranging for travel, meet- sidizes its manufacturers for the costs of such pro- ings, workshops, or conferences necessary to carry out gram; the Program. ‘‘(4) alternative means by which any competitive ‘‘(e) DEFINITIONS.—As used in this section, the term— advantage accruing to the products of any foreign na- ‘‘(1) ‘Consortium’ means the Louisiana Universities tion as a result of any factor described in paragraph Marine Consortium; and (3) may be (A) accurately and quickly determined, ‘‘(2) ‘shellfish’ means any species of oyster, clam, or and (B) equalized, for example, by the imposition of mussel that is harvested for human consumption.’’ a surcharge or duty, on a foreign product in an amount necessary to compensate for such advantage; LIMITATION ON PAYMENTS and Section 2 of Pub. L. 100–4 provided that: ‘‘No pay- ‘‘(5) the impact, if any, which the imposition of a ments may be made under this Act [see Short Title of compensating tariff of other equalizing measure may 1987 Amendment note above] except to the extent pro- have in encouraging foreign nations to implement vided in advance in appropriation Acts.’’ pollution and abatement control programs. ‘‘(b) The Secretary shall make an initial report to the SEAFOOD PROCESSING STUDY; SUBMITTAL OF RESULTS President and Congress within six months after the TO CONGRESS NOT LATER THAN JANUARY 1, 1979 date of enactment of this section [Oct. 18, 1972] of the Pub. L. 95–217, § 74, Dec. 27, 1977, 91 Stat. 1609, provided results of the study and investigation carried out pur- that the Administrator of the Environmental Protec- suant to this section and shall make additional reports tion Agency conduct a study to examine the geographi- thereafter at such times as he deems appropriate tak- cal, hydrological, and biological characteristics of ma- ing into account the development of relevant data, but rine waters to determine the effects of seafood proc- not less than once every twelve months.’’ esses which dispose of untreated natural wastes into such waters and to include in this study an examina- INTERNATIONAL AGREEMENTS tion of technologies which may be used in such proc- Section 7 of Pub. L. 92–500 provided that: ‘‘The Presi- esses to facilitate the use of the nutrients in these dent shall undertake to enter into international agree- wastes or to reduce the discharge of such wastes into ment to apply uniform standards of performance for the marine environment and to submit the result of the control of the discharge and emission of pollutants this study to Congress not later than Jan. 1, 1979. from new sources, uniform controls over the discharge and emission of toxic pollutants, and uniform controls STANDARDS over the discharge of pollutants into the ocean. For For provisions relating to the responsibility of the this purpose the President shall negotiate multilateral head of each Executive agency for compliance with ap- treaties, conventions, resolutions, or other agreements, plicable pollution control standards, see Ex. Ord. No. and formulate, present, or support proposals at the 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under United Nations and other appropriate international fo- section 4321 of Title 42, The Public Health and Welfare. rums.’’

OVERSIGHT STUDY NATIONAL POLICIES AND GOAL STUDY Section 5 of Pub. L. 92–500 authorized the Comptroller Section 10 of Pub. L. 92–500 directed President to General of the United States to conduct a study and re- make a full and complete investigation and study of all § 1252 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 318 national policies and goals established by law to deter- note above], the term ‘Administrator’ means the Ad- mine what the relationship should be between these ministrator of the Environmental Protection Agency.’’ policies and goals, taking into account the resources of the Nation, and to report results of his investigation § 1252. Comprehensive programs for water pollu- and study together with his recommendations to Con- tion control gress not later than two years after Oct. 18, 1972. (a) Preparation and development EFFICIENCY STUDY The Administrator shall, after careful inves- Section 11 of Pub. L. 92–500 directed President, by uti- tigation, and in cooperation with other Federal lization of the General Accounting Office, to conduct a agencies, State water pollution control agen- full and complete investigation and study of ways and means of most effectively using all of the various re- cies, interstate agencies, and the municipalities sources, facilities, and personnel of the Federal Govern- and industries involved, prepare or develop com- ment in order to most efficiently carry out the provi- prehensive programs for preventing, reducing, or sions of this chapter and to report results of his inves- eliminating the pollution of the navigable wa- tigation and study together with his recommendations ters and ground waters and improving the sani- to Congress not later than two hundred and seventy tary condition of surface and underground wa- days after Oct. 18, 1972. ters. In the development of such comprehensive SEX DISCRIMINATION programs due regard shall be given to the im- Section 13 of Pub. L. 92–500 provided that: ‘‘No person provements which are necessary to conserve in the United States shall on the ground of sex be ex- such waters for the protection and propagation cluded from participation in, be denied the benefits of, of fish and aquatic life and wildlife, recreational or be subjected to discrimination under any program or purposes, and the withdrawal of such waters for activity receiving Federal assistance under this Act public water supply, agricultural, industrial, [see Short Title note above] the Federal Water Pollu- tion Control Act [this chapter], or the Environmental and other purposes. For the purpose of this sec- Financing Act [set out as a note under section 1281 of tion, the Administrator is authorized to make this title]. This section shall be enforced through agen- joint investigations with any such agencies of cy provisions and rules similar to those already estab- the condition of any waters in any State or lished, with respect to racial and other discrimination, States, and of the discharges of any sewage, in- under title VI of the Civil Rights Act of 1964 [section dustrial wastes, or substance which may ad- 2000d et seq. of Title 42, The Public Health and Wel- versely affect such waters. fare]. However, this remedy is not exclusive and will not prejudice or cut off any other legal remedies avail- (b) Planning for reservoirs; storage for regula- able to a discriminatee.’’ tion of streamflow

CONTIGUOUS ZONE OF UNITED STATES (1) In the survey or planning of any reservoir For extension of contiguous zone of United States, by the Corps of Engineers, Bureau of Reclama- see Proc. No. 7219, set out as a note under section 1331 tion, or other Federal agency, consideration of Title 43, Public Lands. shall be given to inclusion of storage for regula- tion of streamflow, except that any such storage PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL POLLUTION AT FEDERAL FACILITIES and water releases shall not be provided as a substitute for adequate treatment or other Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out methods of controlling waste at the source. as a note under section 4321 of Title 42, The Public Health and Welfare, provides for the prevention, con- (2) The need for and the value of storage for trol, and abatement of environmental pollution at fed- regulation of streamflow (other than for water eral facilities. quality) including but not limited to navigation, salt water intrusion, recreation, esthetics, and EXECUTIVE ORDER NO. 11548 fish and wildlife, shall be determined by the Ex. Ord. No. 11548, July 20, 1970, 35 F.R. 11677, which Corps of Engineers, Bureau of Reclamation, or related to the delegation of Presidential functions, was superseded by Ex. Ord. No. 11735, Aug. 3, 1973, 38 F.R. other Federal agencies. 21243, formerly set out as a note under section 1321 of (3) The need for, the value of, and the impact this title. of, storage for water quality control shall be de- termined by the Administrator, and his views on EX. ORD. NO. 11742. DELEGATION OF FUNCTIONS TO SEC- these matters shall be set forth in any report or RETARY OF STATE RESPECTING THE NEGOTIATION OF INTERNATIONAL AGREEMENTS RELATING TO THE EN- presentation to Congress proposing authoriza- HANCEMENT OF THE ENVIRONMENT tion or construction of any reservoir including Ex. Ord. No. 11742, Oct. 23, 1973, 38 F.R. 29457, pro- such storage. vided: (4) The value of such storage shall be taken Under and by virtue of the authority vested in me by into account in determining the economic value section 301 of title 3 of the United States Code and as of the entire project of which it is a part, and President of the United States, I hereby authorize and costs shall be allocated to the purpose of regula- empower the Secretary of State, in coordination with tion of streamflow in a manner which will in- the Council on Environmental Quality, the Environ- mental Protection Agency, and other appropriate Fed- sure that all project purposes, share equitably in eral agencies, to perform, without the approval, ratifi- the benefit of multiple-purpose construction. cation, or other action of the President, the functions (5) Costs of regulation of streamflow features vested in the President by Section 7 of the Federal incorporated in any Federal reservoir or other Water Pollution Control Act Amendments of 1972 (Pub- impoundment under the provisions of this chap- lic Law 92–500; 86 Stat. 898) with respect to inter- ter shall be determined and the beneficiaries national agreements relating to the enhancement of identified and if the benefits are widespread or the environment. national in scope, the costs of such features RICHARD NIXON. shall be nonreimbursable. DEFINITION OF ‘‘ADMINISTRATOR’’ (6) No license granted by the Federal Energy Section 1(d) of Pub. L. 100–4 provided that: ‘‘For pur- Regulatory Commission for a hydroelectric poses of this Act [see Short Title of 1987 Amendment power project shall include storage for regula- Page 319 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1253 tion of streamflow for the purpose of water qual- grams under this chapter, and the programs by which ity control unless the Administrator shall rec- State and Federal agencies allocate quantities of ommend its inclusion and such reservoir storage water. Such report shall include recommendations con- capacity shall not exceed such proportion of the cerning the policy in section 1251(g) of this title to im- prove coordination of efforts to reduce and eliminate total storage required for the water quality con- pollution in concert with programs for managing water trol plan as the drainage area of such reservoir resources.’’ bears to the drainage area of the river basin or 1977—Subsec. (d). Pub. L. 95–217 added subsec. (d). basins involved in such water quality control plan. TRANSFER OF FUNCTIONS (c) Basins; grants to State agencies ‘‘Federal Energy Regulatory Commission’’ sub- stituted for ‘‘Federal Power Commission’’ in subsec. (1) The Administrator shall, at the request of (b)(6) on authority of Pub. L. 95–91, title IV, the Governor of a State, or a majority of the § 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583, which is classi- Governors when more than one State is in- fied to section 7172(a)(1)(A) of Title 42, The Public volved, make a grant to pay not to exceed 50 per Health and Welfare. centum of the administrative expenses of a plan- EXECUTIVE ORDER NO. 10014 ning agency for a period not to exceed three years, which period shall begin after October 18, Ex. Ord. No. 10014, Nov. 3, 1948, 13 F.R. 6601, which re- 1972, if such agency provides for adequate rep- lated to the cooperation of Federal and State agencies resentation of appropriate State, interstate, to prevent pollution of surface and underground waters, was superseded by Ex. Ord. No. 11258, Nov. 17, 1965, 30 local, or (when appropriate) international inter- F.R. 14483. ests in the basin or portion thereof involved and is capable of developing an effective, comprehen- § 1252a. Reservoir projects, water storage; modi- sive water quality control plan for a basin or fication; storage for other than for water portion thereof. quality, opinion of Federal agency, commit- (2) Each planning agency receiving a grant tee resolutions of approval; provisions inap- under this subsection shall develop a compre- plicable to projects with certain prescribed hensive pollution control plan for the basin or water quality benefits in relation to total portion thereof which— project benefits (A) is consistent with any applicable water quality standards effluent and other limita- In the case of any reservoir project authorized tions, and thermal discharge regulations es- for construction by the Corps of Engineers, Bu- tablished pursuant to current law within the reau of Reclamation, or other Federal agency basin; when the Administrator of the Environmental (B) recommends such treatment works as Protection Agency determines pursuant to sec- will provide the most effective and economical tion 1252(b) of this title that any storage in such means of collection, storage, treatment, and project for regulation of streamflow for water elimination of pollutants and recommends quality is not needed, or is needed in a different means to encourage both municipal and indus- amount, such project may be modified accord- trial use of such works; ingly by the head of the appropriate agency, and (C) recommends maintenance and improve- any storage no longer required for water quality ment of water quality within the basin or por- may be utilized for other authorized purposes of tion thereof and recommends methods of ade- the project when, in the opinion of the head of quately financing those facilities as may be such agency, such use is justified. Any such necessary to implement the plan; and modification of a project where the benefits at- (D) as appropriate, is developed in coopera- tributable to water quality are 15 per centum or tion with, and is consistent with any compre- more but not greater than 25 per centum of the hensive plan prepared by the Water Resources total project benefits shall take effect only upon Council, any areawide waste management the adoption of resolutions approving such plans developed pursuant to section 1288 of modification by the appropriate committees of this title, and any State plan developed pursu- the Senate and House of Representatives. The ant to section 1313(e) of this title. provisions of the section shall not apply to any project where the benefits attributable to water (3) For the purposes of this subsection the quality exceed 25 per centum of the total project term ‘‘basin’’ includes, but is not limited to, riv- benefits. ers and their tributaries, streams, coastal wa- ters, sounds, estuaries, bays, lakes, and portions (Pub. L. 93–251, title I, § 65, Mar. 7, 1974, 88 Stat. thereof as well as the lands drained thereby. 30.) (June 30, 1948, ch. 758, title I, § 102, as added Pub. CODIFICATION L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 817; amended Section was not enacted as part of the Federal Water Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977, Pollution Control Act which comprises this chapter. 91 Stat. 583; Pub. L. 95–217, § 5(b), Dec. 27, 1977, 91 Stat. 1567; Pub. L. 104–66, title II, § 2021(a), Dec. § 1253. Interstate cooperation and uniform laws 21, 1995, 109 Stat. 726.) (a) The Administrator shall encourage cooper- AMENDMENTS ative activities by the States for the prevention, reduction, and elimination of pollution, encour- 1995—Subsec. (d). Pub. L. 104–66 struck out subsec. (d) age the enactment of improved and, so far as which read as follows: ‘‘The Administrator, after con- sultation with the States, and River Basin Commis- practicable, uniform State laws relating to the sions established under the Water Resources Planning prevention, reduction, and elimination of pollu- Act, shall submit a report to Congress on or before July tion; and encourage compacts between States 1, 1978, which analyzes the relationship between pro- for the prevention and control of pollution. § 1254 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 320

(b) The consent of the Congress is hereby techniques for measuring the social and eco- given to two or more States to negotiate and nomic costs and benefits of activities which enter into agreements or compacts, not in con- are subject to regulation under this chapter; flict with any law or treaty of the United and shall transmit a report on the results of States, for (1) cooperative effort and mutual as- such research to the Congress not later than sistance for the prevention and control of pollu- January 1, 1974. tion and the enforcement of their respective (b) Authorized activities of Administrator laws relating thereto, and (2) the establishment In carrying out the provisions of subsection (a) of such agencies, joint or otherwise, as they may of this section the Administrator is authorized deem desirable for making effective such agree- to— ments and compacts. No such agreement or (1) collect and make available, through pub- compact shall be binding or obligatory upon any lications and other appropriate means, the re- State a party thereto unless and until it has sults of and other information, including ap- been approved by the Congress. propriate recommendations by him in connec- (June 30, 1948, ch. 758, title I, § 103, as added Pub. tion therewith, pertaining to such research L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 818.) and other activities referred to in paragraph (1) of subsection (a) of this section; § 1254. Research, investigations, training, and in- (2) cooperate with other Federal depart- formation ments and agencies, State water pollution control agencies, interstate agencies, other (a) Establishment of national programs; coopera- public and private agencies, institutions, orga- tion; investigations; water quality surveil- nizations, industries involved, and individuals, lance system; reports in the preparation and conduct of such re- The Administrator shall establish national search and other activities referred to in para- programs for the prevention, reduction, and graph (1) of subsection (a) of this section; elimination of pollution and as part of such pro- (3) make grants to State water pollution grams shall— control agencies, interstate agencies, other (1) in cooperation with other Federal, State, public or nonprofit private agencies, institu- and local agencies, conduct and promote the tions, organizations, and individuals, for pur- coordination and acceleration of, research, in- poses stated in paragraph (1) of subsection (a) vestigations, experiments, training, dem- of this section; onstrations, surveys, and studies relating to (4) contract with public or private agencies, the causes, effects, extent, prevention, reduc- institutions, organizations, and individuals, tion, and elimination of pollution; without regard to section 3324(a) and (b) of (2) encourage, cooperate with, and render title 31 and section 6101 of title 41, referred to technical services to pollution control agen- in paragraph (1) of subsection (a) of this sec- cies and other appropriate public or private tion; agencies, institutions, and organizations, and (5) establish and maintain research fellow- individuals, including the general public, in ships at public or nonprofit private edu- the conduct of activities referred to in para- cational institutions or research organiza- graph (1) of this subsection; tions; (6) collect and disseminate, in cooperation (3) conduct, in cooperation with State water with other Federal departments and agencies, pollution control agencies and other inter- and with other public or private agencies, in- ested agencies, organizations and persons, stitutions, and organizations having related public investigations concerning the pollution responsibilities, basic data on chemical, phys- of any navigable waters, and report on the re- ical, and biological effects of varying water sults of such investigations; quality and other information pertaining to (4) establish advisory committees composed pollution and the prevention, reduction, and of recognized experts in various aspects of pol- elimination thereof; and lution and representatives of the public to as- (7) develop effective and practical processes, sist in the examination and evaluation of re- methods, and prototype devices for the preven- search progress and proposals and to avoid du- tion, reduction, and elimination of pollution. plication of research; (c) Research and studies on harmful effects of (5) in cooperation with the States, and their pollutants; cooperation with Secretary of political subdivisions, and other Federal agen- Health and Human Services cies establish, equip, and maintain a water quality surveillance system for the purpose of In carrying out the provisions of subsection (a) monitoring the quality of the navigable wa- of this section the Administrator shall conduct ters and ground waters and the contiguous research on, and survey the results of other sci- zone and the oceans and the Administrator entific studies on, the harmful effects on the shall, to the extent practicable, conduct such health or welfare of persons caused by pollut- surveillance by utilizing the resources of the ants. In order to avoid duplication of effort, the National Aeronautics and Space Administra- Administrator shall, to the extent practicable, tion, the National Oceanic and Atmospheric conduct such research in cooperation with and Administration, the United States Geological through the facilities of the Secretary of Health Survey, and the Coast Guard, and shall report and Human Services. on such quality in the report required under (d) Sewage treatment; identification and meas- subsection (a) of section 1375 of this title; and urement of effects of pollutants; augmented (6) initiate and promote the coordination streamflow and acceleration of research designed to de- In carrying out the provisions of this section velop the most effective practicable tools and the Administrator shall develop and dem- Page 321 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1254 onstrate under varied conditions (including con- nance of treatment works and related activities. ducting such basic and applied research, studies, Such program and any funds expended for such and experiments as may be necessary): a program shall supplement, not supplant, other (1) Practicable means of treating municipal manpower and training programs and funds sewage, and other waterborne wastes to imple- available for the purposes of this paragraph. The ment the requirements of section 1281 of this Administrator is authorized, under such terms title; and conditions as he deems appropriate, to enter (2) Improved methods and procedures to into agreements with one or more States, acting identify and measure the effects of pollutants, jointly or severally, or with other public or pri- including those pollutants created by new vate agencies or institutions for the develop- technological developments; and ment and implementation of such a program. (3) Methods and procedures for evaluating (2) The Administrator is authorized to enter the effects on water quality of augmented into agreements with public and private agen- streamflows to control pollution not suscep- cies and institutions, and individuals to develop tible to other means of prevention, reduction, and maintain an effective system for forecasting or elimination. the supply of, and demand for, various profes- (e) Field laboratory and research facilities sional and other occupational categories needed The Administrator shall establish, equip, and for the prevention, reduction, and elimination of maintain field laboratory and research facili- pollution in each region, State, or area of the ties, including, but not limited to, one to be lo- United States and, from time to time, to publish cated in the northeastern area of the United the results of such forecasts. States, one in the Middle Atlantic area, one in (3) In furtherance of the purposes of this chap- the southeastern area, one in the midwestern ter, the Administrator is authorized to— area, one in the southwestern area, one in the (A) make grants to public or private agen- Pacific Northwest, and one in the State of Alas- cies and institutions and to individuals for ka, for the conduct of research, investigations, training projects, and provide for the conduct experiments, field demonstrations and studies, of training by contract with public or private and training relating to the prevention, reduc- agencies and institutions and with individuals tion and elimination of pollution. Insofar as without regard to section 3324(a) and (b) of practicable, each such facility shall be located title 31 and section 6101 of title 41; near institutions of higher learning in which (B) establish and maintain research fellow- graduate training in such research might be car- ships in the Environmental Protection Agency ried out. In conjunction with the development of with such stipends and allowances, including criteria under section 1343 of this title, the Ad- traveling and subsistence expenses, as he may ministrator shall construct the facilities au- deem necessary to procure the assistance of thorized for the National Marine Water Quality the most promising research fellows; and Laboratory established under this subsection. (C) provide, in addition to the program es- (f) Great Lakes water quality research tablished under paragraph (1) of this sub- section, training in technical matters relating The Administrator shall conduct research and to the causes, prevention, reduction, and technical development work, and make studies, elimination of pollution for personnel of pub- with respect to the quality of the waters of the lic agencies and other persons with suitable Great Lakes, including an analysis of the qualifications. present and projected future water quality of the Great Lakes under varying conditions of (4) The Administrator shall submit, through waste treatment and disposal, an evaluation of the President, a report to the Congress not later the water quality needs of those to be served by than December 31, 1973, summarizing the actions such waters, an evaluation of municipal, indus- taken under this subsection and the effective- trial, and vessel waste treatment and disposal ness of such actions, and setting forth the num- practices with respect to such waters, and a ber of persons trained, the occupational cat- study of alternate means of solving pollution egories for which training was provided, the ef- problems (including additional waste treatment fectiveness of other Federal, State, and local measures) with respect to such waters. training programs in this field, together with es- (g) Treatment works pilot training programs; timates of future needs, recommendations on employment needs forecasting; training improving training programs, and such other in- projects and grants; research fellowships; formation and recommendations, including leg- technical training; report to the President islative recommendations, as he deems appro- and transmittal to Congress priate. (1) For the purpose of providing an adequate supply of trained personnel to operate and main- (h) Lake pollution tain existing and future treatment works and re- The Administrator is authorized to enter into lated activities, and for the purpose of enhanc- contracts with, or make grants to, public or pri- ing substantially the proficiency of those en- vate agencies and organizations and individuals gaged in such activities, the Administrator shall for (A) the purpose of developing and dem- finance pilot programs, in cooperation with onstrating new or improved methods for the pre- State and interstate agencies, municipalities, vention, removal, reduction, and elimination of educational institutions, and other organiza- pollution in lakes, including the undesirable ef- tions and individuals, of manpower development fects of nutrients and vegetation, and (B) the and training and retraining of persons in, on en- construction of publicly owned research facili- tering into, the field of operation and mainte- ties for such purpose. § 1254 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 322

(i) Oil pollution control studies in indicating the kind and extent of effects on The Administrator, in cooperation with the health and welfare which may be expected from Secretary of the Department in which the Coast the presence of pesticides in the water in vary- Guard is operating, shall— ing quantities. He shall revise and add to such (1) engage in such research, studies, experi- information whenever necessary to reflect devel- ments, and demonstrations as he deems appro- oping scientific knowledge. priate, relative to the removal of oil from any (2) The President shall, in consultation with waters and to the prevention, control, and appropriate local, State, and Federal agencies, elimination of oil and hazardous substances public and private organizations, and interested pollution; individuals, conduct studies and investigations (2) publish from time to time the results of of methods to control the release of pesticides such activities; and into the environment which study shall include (3) from time to time, develop and publish in examination of the persistency of pesticides in the Federal Register specifications and other the water environment and alternatives thereto. technical information on the various chemical The President shall submit reports, from time compounds used in the control of oil and haz- to time, on such investigations to Congress to- ardous substances spills. gether with his recommendations for any nec- essary legislation. In carrying out this subsection, the Adminis- (m) Waste oil disposal study trator may enter into contracts with, or make (1) The Administrator shall, in an effort to grants to, public or private agencies and organi- prevent degradation of the environment from zations and individuals. the disposal of waste oil, conduct a study of (A) (j) Solid waste disposal equipment for vessels the generation of used engine, machine, cooling, The Secretary of the department in which the and similar waste oil, including quantities gen- Coast Guard is operating shall engage in such erated, the nature and quality of such oil, research, studies, experiments, and demonstra- present collecting methods and disposal prac- tions as he deems appropriate relative to equip- tices, and alternate uses of such oil; (B) the ment which is to be installed on board a vessel long-term, chronic biological effects of the dis- and is designed to receive, retain, treat, or dis- posal of such waste oil; and (C) the potential charge human body wastes and the wastes from market for such oils, including the economic toilets and other receptacles intended to receive and legal factors relating to the sale of products or retain body wastes with particular emphasis made from such oils, the level of subsidy, if any, on equipment to be installed on small rec- needed to encourage the purchase by public and reational vessels. The Secretary of the depart- private nonprofit agencies of products from such ment in which the Coast Guard is operating oil, and the practicability of Federal procure- shall report to Congress the results of such re- ment, on a priority basis, of products made from search, studies, experiments, and demonstra- such oil. In conducting such study, the Adminis- tions prior to the effective date of any regula- trator shall consult with affected industries and tions established under section 1322 of this title. other persons. In carrying out this subsection the Secretary of (2) The Administrator shall report the prelimi- the department in which the Coast Guard is op- nary results of such study to Congress within six erating may enter into contracts with, or make months after October 18, 1972, and shall submit grants to, public or private organizations and in- a final report to Congress within 18 months after dividuals. such date. (k) Land acquisition (n) Comprehensive studies of effects of pollution on estuaries and estuarine zones In carrying out the provisions of this section relating to the conduct by the Administrator of (1) The Administrator shall, in cooperation demonstration projects and the development of with the Secretary of the Army, the Secretary field laboratories and research facilities, the Ad- of Agriculture, the Water Resources Council, ministrator may acquire land and interests and with other appropriate Federal, State, therein by purchase, with appropriated or do- interstate, or local public bodies and private or- nated funds, by donation, or by exchange for ac- ganizations, institutions, and individuals, con- quired or public lands under his jurisdiction duct and promote, and encourage contributions which he classifies as suitable for disposition. to, continuing comprehensive studies of the ef- The values of the properties so exchanged either fects of pollution, including sedimentation, in shall be approximately equal, or if they are not the estuaries and estuarine zones of the United approximately equal, the values shall be equal- States on fish and wildlife, on sport and com- ized by the payment of cash to the grantor or to mercial fishing, on recreation, on water supply the Administrator as the circumstances require. and water power, and on other beneficial pur- poses. Such studies shall also consider the effect l ( ) Collection and dissemination of scientific of demographic trends, the exploitation of min- knowledge on effects and control of pes- eral resources and fossil fuels, land and indus- ticides in water trial development, navigation, flood and erosion (1) The Administrator shall, after consultation control, and other uses of estuaries and estua- with appropriate local, State, and Federal agen- rine zones upon the pollution of the waters cies, public and private organizations, and inter- therein. ested individuals, as soon as practicable but not (2) In conducting such studies, the Adminis- later than January 1, 1973, develop and issue to trator shall assemble, coordinate, and organize the States for the purpose of carrying out this all existing pertinent information on the Na- chapter the latest scientific knowledge available tion’s estuaries and estuarine zones; carry out a Page 323 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1254 program of investigations and surveys to supple- (q) Sewage in rural areas; national clearinghouse ment existing information in representative es- for alternative treatment information; clear- tuaries and estuarine zones; and identify the inghouse on small flows problems and areas where further research and (1) The Administrator shall conduct a compre- study are required. hensive program of research and investigation (3) The Administrator shall submit to Con- and pilot project implementation into new and gress, from time to time, reports of the studies improved methods of preventing, reducing, stor- authorized by this subsection but at least one ing, collecting, treating, or otherwise eliminat- such report during any six-year period. Copies of ing pollution from sewage in rural and other each such report shall be made available to all areas where collection of sewage in conven- interested parties, public and private. tional, communitywide sewage collection sys- tems is impractical, uneconomical, or otherwise (4) For the purpose of this subsection, the infeasible, or where soil conditions or other fac- term ‘‘estuarine zones’’ means an environmental tors preclude the use of septic tank and drainage system consisting of an estuary and those tran- field systems. sitional areas which are consistently influenced (2) The Administrator shall conduct a compre- or affected by water from an estuary such as, hensive program of research and investigation but not limited to, salt marshes, coastal and and pilot project implementation into new and intertidal areas, bays, harbors, lagoons, inshore improved methods for the collection and treat- waters, and channels, and the term ‘‘estuary’’ ment of sewage and other liquid wastes com- means all or part of the mouth of a river or bined with the treatment and disposal of solid stream or other body of water having unim- wastes. paired natural connection with open sea and (3) The Administrator shall establish, either within which the sea water is measurably di- within the Environmental Protection Agency, luted with fresh water derived from land drain- or through contract with an appropriate public age. or private non-profit organization, a national clearinghouse which shall (A) receive reports (o) Methods of reducing total flow of sewage and and information resulting from research, dem- unnecessary water consumption; reports onstrations, and other projects funded under this chapter related to paragraph (1) of this sub- (1) The Administrator shall conduct research section and to subsection (e)(2) of section 1255 of and investigations on devices, systems, incen- this title; (B) coordinate and disseminate such tives, pricing policy, and other methods of re- reports and information for use by Federal and ducing the total flow of sewage, including, but State agencies, municipalities, institutions, and not limited to, unnecessary water consumption persons in developing new and improved meth- in order to reduce the requirements for, and the ods pursuant to this subsection; and (C) provide costs of, sewage and waste treatment services. for the collection and dissemination of reports Such research and investigations shall be di- and information relevant to this subsection rected to develop devices, systems, policies, and from other Federal and State agencies, institu- methods capable of achieving the maximum re- tions, universities, and persons. duction of unnecessary water consumption. (4) SMALL FLOWS CLEARINGHOUSE.—Notwith- standing section 1285(d) of this title, from (2) The Administrator shall report the prelimi- amounts that are set aside for a fiscal year nary results of such studies and investigations under section 1285(i) of this title and are not ob- to the Congress within one year after October 18, ligated by the end of the 24-month period of 1972, and annually thereafter in the report re- availability for such amounts under section quired under subsection (a) of section 1375 of 1285(d) of this title, the Administrator shall this title. Such report shall include recom- make available $1,000,000 or such unobligated mendations for any legislation that may be re- amount, whichever is less, to support a national quired to provide for the adoption and use of de- clearinghouse within the Environmental Protec- vices, systems, policies, or other methods of re- tion Agency to collect and disseminate informa- ducing water consumption and reducing the tion on small flows of sewage and innovative or total flow of sewage. Such report shall include alternative wastewater treatment processes and an estimate of the benefits to be derived from techniques, consistent with paragraph (3). This adoption and use of such devices, systems, poli- paragraph shall apply with respect to amounts cies, or other methods and also shall reflect esti- set aside under section 1285(i) of this title for mates of any increase in private, public, or which the 24-month period of availability re- other cost that would be occasioned thereby. ferred to in the preceding sentence ends on or after September 30, 1986. (p) Agricultural pollution (r) Research grants to colleges and universities In carrying out the provisions of subsection (a) The Administrator is authorized to make of this section the Administrator shall, in co- grants to colleges and universities to conduct operation with the Secretary of Agriculture, basic research into the structure and function of other Federal agencies, and the States, carry freshwater aquatic ecosystems, and to improve out a comprehensive study and research pro- understanding of the ecological characteristics gram to determine new and improved methods necessary to the maintenance of the chemical, and the better application of existing methods physical, and biological integrity of freshwater of preventing, reducing, and eliminating pollu- aquatic ecosystems. tion from agriculture, including the legal, eco- (s) River Study Centers nomic, and other implications of the use of such The Administrator is authorized to make methods. grants to one or more institutions of higher edu- § 1254 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 324 cation (regionally located and to be designated 1990, for carrying out the provisions of sub- as ‘‘River Study Centers’’) for the purpose of section (g)(2) of this section; (4) not to exceed conducting and reporting on interdisciplinary $10,000,000 for each of the fiscal years ending studies on the nature of river systems, including June 30, 1973, June 30, 1974, and June 30, 1975, for hydrology, biology, ecology, economics, the re- carrying out the provisions of subsection (p) of lationship between river uses and land uses, and this section; (5) not to exceed $15,000,000 per fis- the effects of development within river basins on cal year for the fiscal years ending June 30, 1973, river systems and on the value of water re- June 30, 1974, and June 30, 1975, for carrying out sources and water related activities. No such the provisions of subsection (r) of this section; grant in any fiscal year shall exceed $1,000,000. and (6) not to exceed $10,000,000 per fiscal year (t) Thermal discharges for the fiscal years ending June 30, 1973, June 30, The Administrator shall, in cooperation with 1974, and June 30, 1975, for carrying out the pro- State and Federal agencies and public and pri- visions of subsection (t) of this section. vate organizations, conduct continuing compre- (v) Studies concerning pathogen indicators in hensive studies of the effects and methods of coastal recreation waters control of thermal discharges. In evaluating al- Not later than 18 months after October 10, ternative methods of control the studies shall 2000, after consultation and in cooperation with consider (1) such data as are available on the appropriate Federal, State, tribal, and local offi- latest available technology, economic feasibility cials (including local health officials), the Ad- including cost-effectiveness analysis, and (2) the ministrator shall initiate, and, not later than 3 total impact on the environment, considering years after October 10, 2000, shall complete, in not only water quality but also air quality, land cooperation with the heads of other Federal use, and effective utilization and conservation of agencies, studies to provide additional informa- freshwater and other natural resources. Such tion for use in developing— studies shall consider methods of minimizing ad- (1) an assessment of potential human health verse effects and maximizing beneficial effects risks resulting from exposure to pathogens in of thermal discharges. The results of these stud- coastal recreation waters, including non- ies shall be reported by the Administrator as gastrointestinal effects; soon as practicable, but not later than 270 days (2) appropriate and effective indicators for after October 18, 1972, and shall be made avail- improving detection in a timely manner in able to the public and the States, and considered coastal recreation waters of the presence of as they become available by the Administrator pathogens that are harmful to human health; in carrying out section 1326 of this title and by (3) appropriate, accurate, expeditious, and the States in proposing thermal water quality cost-effective methods (including predictive standards. models) for detecting in a timely manner in (u) Authorization of appropriations coastal recreation waters the presence of pathogens that are harmful to human health; There is authorized to be appropriated (1) not and to exceed $100,000,000 per fiscal year for the fis- (4) guidance for State application of the cri- cal year ending June 30, 1973, the fiscal year end- teria for pathogens and pathogen indicators to ing June 30, 1974, and the fiscal year ending June be published under section 1314(a)(9) of this 30, 1975, not to exceed $14,039,000 for the fiscal title to account for the diversity of geographic year ending September 30, 1980, not to exceed and aquatic conditions. $20,697,000 for the fiscal year ending September 30, 1981, not to exceed $22,770,000 for the fiscal (June 30, 1948, ch. 758, title I, § 104, as added Pub. year ending September 30, 1982, such sums as L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 819; amended may be necessary for fiscal years 1983 through Pub. L. 93–207, § 1(1), Dec. 28, 1973, 87 Stat. 906; 1985, and not to exceed $22,770,000 per fiscal year Pub. L. 93–592, § 1, Jan. 2, 1975, 88 Stat. 1924; Pub. for each of the fiscal years 1986 through 1990, for L. 95–217, §§ 4(a), (b), 6, 7, Dec. 27, 1977, 91 Stat. carrying out the provisions of this section, other 1566, 1567; Pub. L. 95–576, § 1(a), Nov. 2, 1978, 92 than subsections (g)(1) and (2), (p), (r), and (t) of Stat. 2467; Pub. L. 96–88, title V, § 509(b), Oct. 17, this section, except that such authorizations are 1979, 93 Stat. 695; Pub. L. 96–483, § 1(a), Oct. 21, not for any research, development, or dem- 1980, 94 Stat. 2360; Pub. L. 100–4, title I, §§ 101(a), onstration activity pursuant to such provisions; 102, Feb. 4, 1987, 101 Stat. 8, 9; Pub. L. 102–154, (2) not to exceed $7,500,000 for fiscal years 1973, title I, Nov. 13, 1991, 105 Stat. 1000; Pub. L. 1974, and 1975, $2,000,000 for fiscal year 1977, 105–362, title V, § 501(a)(1), (d)(2)(A), Nov. 10, 1998, $3,000,000 for fiscal year 1978, $3,000,000 for fiscal 112 Stat. 3283; Pub. L. 106–284, § 3(a), Oct. 10, 2000, year 1979, $3,000,000 for fiscal year 1980, $3,000,000 114 Stat. 871; Pub. L. 107–303, title III, § 302(b)(1), for fiscal year 1981, $3,000,000 for fiscal year 1982, Nov. 27, 2002, 116 Stat. 2361.) such sums as may be necessary for fiscal years CODIFICATION 1983 through 1985, and $3,000,000 per fiscal year In subsecs. (b)(4) and (g)(3)(A), ‘‘section 3324(a) and (b) for each of the fiscal years 1986 through 1990, for of title 31 and section 6101 of title 41’’ substituted for carrying out the provisions of subsection (g)(1) references to sections 3648 and 3709 of the Revised Stat- of this section; (3) not to exceed $2,500,000 for fis- utes on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, cal years 1973, 1974, and 1975, $1,000,000 for fiscal 96 Stat. 1067, which Act enacted Title 31, Money and Fi- year 1977, $1,500,000 for fiscal year 1978, $1,500,000 nance, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. for fiscal year 1979, $1,500,000 for fiscal year 1980, 3854, which Act enacted Title 41, Public Contracts. $1,500,000 for fiscal year 1981, $1,500,000 for fiscal AMENDMENTS year 1982, such sums as may be necessary for fis- 2002—Subsecs. (a)(5), (n)(3), (4), (o)(2). Pub. L. 107–303 cal years 1983 through 1985, and $1,500,000 per fis- repealed Pub. L. 105–362, § 501(a), (d). See 1998 Amend- cal year for each of the fiscal years 1986 through ment notes below. Page 325 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1254a

2000—Subsec. (v). Pub. L. 106–284 added subsec. (v). EFFECTIVE DATE OF 2002 AMENDMENT 1998—Subsec. (a)(5). Pub. L. 105–362, § 501(d)(2)(A)(i), Pub. L. 107–303, title III, § 302(b), Nov. 27, 2002, 116 which directed the substitution of ‘‘not later than 90 Stat. 2361, provided that: days after the date of convening of each session of Con- ‘‘(1) IN GENERAL.—Effective November 10, 1998, section gress’’ for ‘‘in the report required under subsection (a) 501 of the Federal Reports Elimination Act of 1998 (Pub- of section 1375 of this title’’, was repealed by Pub. L. lic Law 105–362; 112 Stat. 3283) is amended by striking 107–303. See Effective Date of 2002 Amendment note subsections (a) [amending this section and section 1330 below. of this title], (b) [amending section 1324 of this title], Subsec. (n)(3), (4). Pub. L. 105–362, § 501(a)(1), which di- (c) [amending section 1329 of this title], and (d) [amend- rected the redesignation of par. (4) as (3) and striking ing this section and sections 1266, 1285, 1290, and 1375 of out of former par. (3), was repealed by Pub. L. 107–303. this title]. See Effective Date of 2002 Amendment note below. Subsec. (o)(2). Pub. L. 105–362, § 501(d)(2)(A)(ii), which ‘‘(2) APPLICABILITY.—The Federal Water Pollution directed the substitution of ‘‘not later than 90 days Control Act (33 U.S.C. 1254(n)(3)) [33 U.S.C. 1251 et seq.] after the date of convening of each session of Congress’’ shall be applied and administered on and after the date for ‘‘in the report required under subsection (a) of sec- of enactment of this Act [Nov. 27, 2002] as if the amend- tion 1375 of this title’’, was repealed by Pub. L. 107–303. ments made by subsections (a), (b), (c), and (d) of sec- See Effective Date of 2002 Amendment note below. tion 501 of the Federal Reports Elimination Act of 1998 1987—Subsec. (q)(4). Pub. L. 100–4, § 102, added par. (4). (Public Law 105–362; 112 Stat. 3283) had not been en- Subsec. (u). Pub. L. 100–4, § 101(a), in cl. (1) struck out acted.’’ ‘‘and’’ after ‘‘1975,’’, ‘‘1980,’’, and ‘‘1981,’’ and inserted TRANSFER OF FUNCTIONS ‘‘such sums as may be necessary for fiscal years 1983 through 1985, and not to exceed $22,770,000 per fiscal For transfer of authorities, functions, personnel, and year for each of the fiscal years 1986 through 1990,’’, in assets of the Coast Guard, including the authorities cl. (2) struck out ‘‘and’’ after ‘‘1981,’’ and inserted ‘‘such and functions of the Secretary of Transportation relat- sums as may be necessary for fiscal years 1983 through ing thereto, to the Department of Homeland Security, 1985, and $3,000,000 per fiscal year for each of the fiscal and for treatment of related references, see sections years 1986 through 1990,’’, and in cl. (3) struck out 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- ‘‘and’’ after ‘‘1981,’’ and inserted ‘‘such sums as may be rity, and the Department of Homeland Security Reor- necessary for fiscal years 1983 through 1985, and ganization Plan of November 25, 2002, as modified, set $1,500,000 per fiscal year for each of the fiscal years 1986 out as a note under section 542 of Title 6. through 1990,’’. Enforcement functions of Secretary or other official 1980—Subsec. (u). Pub. L. 96–483 in par. (1) inserted in Department of Agriculture, insofar as they involve authorization of not to exceed $20,697,000 and $22,770,000 lands and programs under jurisdiction of that Depart- for fiscal years ending Sept. 30, 1981, and 1982, respec- ment, related to compliance with this chapter with re- tively; in par. (2) inserted authorization of the sum of spect to pre-construction, construction, and initial op- $3,000,000 for each of fiscal years 1981 and 1982; and in eration of transportation system for Canadian and par. (3) inserted authorization of the sum of $1,500,000 Alaskan natural gas were transferred to the Federal In- for each of fiscal years 1981 and 1982. spector, Office of Federal Inspector for the Alaska Nat- 1978—Subsec. (u)(1). Pub. L. 95–576 authorized appro- ural Gas Transportation System, until the first anni- priation of not to exceed $14,039,000 for fiscal year end- versary of date of initial operation of the Alaska Natu- ing Sept. 30, 1980 and prohibited use of authorizations ral Gas Transportation System, see Reorg. Plan No. 1 for any research, development, or demonstration activ- of 1979, §§ 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, ity pursuant to provisions of this section. 1376, effective July 1, 1979, set out in the Appendix to 1977—Subsec. (n)(3). Pub. L. 95–217, § 6, substituted Title 5, Government Organization and Employees. Of- ‘‘any six-year period’’ for ‘‘any three year period’’. fice of Federal Inspector for the Alaska Natural Gas Subsec. (q)(3). Pub. L. 95–217, § 7, added par. (3). Transportation System abolished and functions and au- Subsec. (u)(2). Pub. L. 95–217, § 4(a), substituted ‘‘1975, thority vested in Inspector transferred to Secretary of $2,000,000 for fiscal year 1977, $3,000,000 for fiscal year Energy by section 3012(b) of Pub. L. 102–486, set out as 1978, $3,000,000 for fiscal year 1979, and $3,000,000 for fis- an Abolition of Office of Federal Inspector note under cal year 1980,’’ for ‘‘1975’’. section 719e of Title 15, Commerce and Trade. Func- Subsec. (u)(3). Pub. L. 95–217, § 4(b), substituted ‘‘1975, tions and authority vested in Secretary of Energy sub- $1,000,000 for fiscal year 1977, $1,500,000 for fiscal year sequently transferred to Federal Coordinator for Alas- 1978, $1,500,000 for fiscal year 1979, and $1,500,000 for fis- ka Natural Gas Transportation Projects by section cal year 1980,’’ for ‘‘1975’’. 720d(f) of Title 15. 1975—Subsec. (u)(1). Pub. L. 93–592, § 1(a), substituted COLUMBIA RIVER BASIN SYSTEM; PROTECTION FROM OIL ‘‘the fiscal year ending June 30, 1974, and the fiscal year SPILLS AND DISCHARGES; CRITERIA FOR EVALUATION ending June 30, 1975,’’ for ‘‘and the fiscal year ending AND REPORT TO CONGRESS BY COMMANDANT OF COAST June 30, 1974,’’. GUARD IN CONSULTATION WITH FEDERAL, ETC., AGEN- Subsec. (u)(2). Pub. L. 93–592, § 1(b), substituted ‘‘fis- CIES cal years 1973, 1974, and 1975’’ for ‘‘fiscal years 1973 and 1974’’. Pub. L. 95–308, § 8, June 30, 1978, 92 Stat. 359, set forth Subsec. (u)(3). Pub. L. 93–592, § 1(c), substituted ‘‘fiscal Congressional findings and declarations and evaluation years 1973, 1974, and 1975’’ for ‘‘fiscal year 1973’’. criteria with respect to protection from oil spills and Subsec. (u)(4), (5), (6). Pub. L. 93–592, § 1(d)–(f), sub- discharges and betterment of the Columbia River Basin stituted ‘‘June 30, 1974, and June 30, 1975,’’ for ‘‘and system, with such evaluation by the Commandant of June 30, 1974,’’. the Coast Guard to begin within 180 days after June 30, 1973—Subsec. (u)(2). Pub. L. 93–207 substituted ‘‘fiscal 1978, and immediate submission of the evaluation to ap- years 1973 and 1974’’ for ‘‘fiscal year 1973’’. propriate Congressional committees.

CHANGE OF NAME CONTIGUOUS ZONE OF UNITED STATES ‘‘United States Geological Survey’’ substituted for For extension of contiguous zone of United States, ‘‘Geological Survey’’ in subsec. (a)(5) pursuant to provi- see Proc. No. 7219, set out as a note under section 1331 sion of title I of Pub. L. 102–154, set out as a note under of Title 43, Public Lands. section 31 of Title 43, Public Lands. ‘‘Secretary of Health and Human Services’’ sub- § 1254a. Research on effects of pollutants stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsec. (c) pursuant to section 509(b) of Pub. L. In carrying out the provisions of section 96–88 which is classified to section 3508(b) of Title 20, 1254(a) of this title, the Administrator shall con- Education. duct research on the harmful effects on the § 1255 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 326 health and welfare of persons caused by pollut- (c) Research and demonstration projects for pre- ants in water, in conjunction with the United vention of water pollution by industry States Fish and Wildlife Service, the National In order to carry out the purposes of section Oceanic and Atmospheric Administration, and 1311 of this title, the Administrator is author- other Federal, State, and interstate agencies ized to (1) conduct in the Environmental Protec- carrying on such research. Such research shall tion Agency, (2) make grants to persons, and (3) include, and shall place special emphasis on, the enter into contracts with persons, for research effect that bioaccumulation of these pollutants and demonstration projects for prevention of in aquatic species has upon reducing the value pollution of any waters by industry including, of aquatic commercial and sport industries. but not limited to, the prevention, reduction, Such research shall further study methods to re- and elimination of the discharge of pollutants. duce and remove these pollutants from the rel- No grant shall be made for any project under evant affected aquatic species so as to restore this subsection unless the Administrator deter- and enhance these valuable resources. mines that such project will develop or dem- (Pub. L. 100–4, title I, § 105, Feb. 4, 1987, 101 Stat. onstrate a new or improved method of treating 15.) industrial wastes or otherwise prevent pollution by industry, which method shall have industry- CODIFICATION wide application. Section was enacted as part of the Water Quality Act (d) Accelerated and priority development of of 1987, and not as part of the Federal Water Pollution waste management and waste treatment Control Act which comprises this chapter. methods and identification and measurement DEFINITION methods Administrator means the Administrator of the Envi- In carrying out the provisions of this section, ronmental Protection Agency, see section 1(d) of Pub. the Administrator shall conduct, on a priority L. 100–4, set out as a note under section 1251 of this basis, an accelerated effort to develop, refine, title. and achieve practical application of: (1) waste management methods applicable to § 1255. Grants for research and development point and nonpoint sources of pollutants to eliminate the discharge of pollutants, includ- (a) Demonstration projects covering storm wa- ing, but not limited to, elimination of runoff ters, advanced waste treatment and water of pollutants and the effects of pollutants purification methods, and joint treatment from inplace or accumulated sources; systems for municipal and industrial wastes (2) advanced waste treatment methods appli- The Administrator is authorized to conduct in cable to point and nonpoint sources, including the Environmental Protection Agency, and to inplace or accumulated sources of pollutants, make grants to any State, municipality, or and methods for reclaiming and recycling intermunicipal or interstate agency for the pur- water and confining pollutants so they will pose of assisting in the development of— not migrate to cause water or other environ- (1) any project which will demonstrate a new mental pollution; and or improved method of preventing, reducing, (3) improved methods and procedures to and eliminating the discharge into any waters identify and measure the effects of pollutants of pollutants from sewers which carry storm on the chemical, physical, and biological in- water or both storm water and pollutants; or tegrity of water, including those pollutants (2) any project which will demonstrate ad- created by new technological developments. vanced waste treatment and water purifi- (e) Research and demonstration projects cover- cation methods (including the temporary use ing agricultural pollution and pollution from of new or improved chemical additives which sewage in rural areas; dissemination of infor- provide substantial immediate improvements mation to existing treatment processes), or new or im- proved methods of joint treatment systems for (1) The Administrator is authorized to (A) municipal and industrial wastes; make, in consultation with the Secretary of Ag- riculture, grants to persons for research and and to include in such grants such amounts as demonstration projects with respect to new and are necessary for the purpose of reports, plans, improved methods of preventing, reducing, and and specifications in connection therewith. eliminating pollution from agriculture, and (B) (b) Demonstration projects for advanced treat- disseminate, in cooperation with the Secretary ment and environmental enhancement tech- of Agriculture, such information obtained under niques to control pollution in river basins this subsection, section 1254(p) of this title, and section 1314 of this title as will encourage and The Administrator is authorized to make enable the adoption of such methods in the agri- grants to any State or States or interstate agen- cultural industry. cy to demonstrate, in river basins or portions (2) The Administrator is authorized, (A) in thereof, advanced treatment and environmental consultation with other interested Federal agen- enhancement techniques to control pollution cies, to make grants for demonstration projects from all sources, within such basins or portions with respect to new and improved methods of thereof, including nonpoint sources, together preventing, reducing, storing, collecting, treat- 1 with in stream water quality improvement ing, or otherwise eliminating pollution from techniques. sewage in rural and other areas where collection of sewage in conventional, community-wide sew- 1 So in original. age collection systems is impractical, uneco- Page 327 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1256 nomical, or otherwise infeasible, or where soil AMENDMENTS conditions or other factors preclude the use of 1977—Subsecs. (i), (j). Pub. L. 95–217 added subsecs. (i) septic tank and drainage field systems, and (B) and (j). in cooperation with other interested Federal and 1975—Subsec. (h). Pub. L. 93–592 substituted ‘‘the fis- State agencies, to disseminate such information cal year ending June 30, 1974, and the fiscal year ending obtained under this subsection as will encourage June 30, 1975,’’ for ‘‘and the fiscal year ending June 30, 1974,’’. and enable the adoption of new and improved methods developed pursuant to this subsection. TRANSFER OF FUNCTIONS (f) Limitations Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve Federal grants under subsection (a) of this sec- lands and programs under jurisdiction of that Depart- tion shall be subject to the following limita- ment, related to compliance with this chapter with re- tions: spect to pre-construction, construction, and initial op- (1) No grant shall be made for any project eration of transportation system for Canadian and unless such project shall have been approved Alaskan natural gas were transferred to the Federal In- by the appropriate State water pollution con- spector, Office of Federal Inspector for the Alaska Nat- trol agency or agencies and by the Adminis- ural Gas Transportation System, until the first anni- versary of date of initial operation of the Alaska Natu- trator; ral Gas Transportation System, see Reorg. Plan No. 1 (2) No grant shall be made for any project in of 1979, §§ 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, an amount exceeding 75 per centum of cost 1376, effective July 1, 1979, set out in the Appendix to thereof as determined by the Administrator; Title 5, Government Organization and Employees. Of- and fice of Federal Inspector for the Alaska Natural Gas (3) No grant shall be made for any project Transportation System abolished and functions and au- unless the Administrator determines that such thority vested in Inspector transferred to Secretary of project will serve as a useful demonstration Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under for the purpose set forth in clause (1) or (2) of section 719e of Title 15, Commerce and Trade. Func- subsection (a) of this section. tions and authority vested in Secretary of Energy sub- (g) Maximum grants sequently transferred to Federal Coordinator for Alas- ka Natural Gas Transportation Projects by section Federal grants under subsections (c) and (d) of 720d(f) of Title 15. this section shall not exceed 75 per centum of the cost of the project. § 1256. Grants for pollution control programs (h) Authorization of appropriations (a) Authorization of appropriations for State and For the purpose of this section there is author- interstate programs ized to be appropriated $75,000,000 per fiscal year There are hereby authorized to be appro- for the fiscal year ending June 30, 1973, the fiscal priated the following sums, to remain available year ending June 30, 1974, and the fiscal year until expended, to carry out the purpose of this ending June 30, 1975, and from such appropria- section— tions at least 10 per centum of the funds actu- (1) $60,000,000 for the fiscal year ending June ally appropriated in each fiscal year shall be 30, 1973; and available only for the purposes of subsection (e) (2) $75,000,000 for the fiscal year ending June of this section. 30, 1974, and the fiscal year ending June 30, 1975, $100,000,000 per fiscal year for the fiscal (i) Assistance for research and demonstration years 1977, 1978, 1979, and 1980, $75,000,000 per projects fiscal year for the fiscal years 1981 and 1982, The Administrator is authorized to make such sums as may be necessary for fiscal years grants to a municipality to assist in the costs of 1983 through 1985, and $75,000,000 per fiscal year operating and maintaining a project which re- for each of the fiscal years 1986 through 1990; ceived a grant under this section, section 1254 of for grants to States and to interstate agencies this title, or section 1263 of this title prior to to assist them in administering programs for December 27, 1977, so as to reduce the operation the prevention, reduction, and elimination of and maintenance costs borne by the recipients pollution, including enforcement directly or of services from such project to costs com- through appropriate State law enforcement offi- parable to those for projects assisted under sub- cers or agencies. chapter II of this chapter. (b) Allotments (j) Assistance for recycle, reuse, and land treat- From the sums appropriated in any fiscal ment projects year, the Administrator shall make allotments The Administrator is authorized to make a to the several States and interstate agencies in grant to any grantee who received an increased accordance with regulations promulgated by grant pursuant to section 1282(a)(2) of this title. him on the basis of the extent of the pollution Such grant may pay up to 100 per centum of the problem in the respective States. costs of technical evaluation of the operation of (c) Maximum annual payments the treatment works, costs of training of per- sons (other than employees of the grantee), and The Administrator is authorized to pay to costs of disseminating technical information on each State and interstate agency each fiscal the operation of the treatment works. year either— (1) the allotment of such State or agency for (June 30, 1948, ch. 758, title I, § 105, as added Pub. such fiscal year under subsection (b) of this L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 825; amended section, or Pub. L. 93–592, § 2, Jan. 2, 1975, 88 Stat. 1925; Pub. (2) the reasonable costs as determined by the L. 95–217, §§ 8, 9, Dec. 27, 1977, 91 Stat. 1568.) Administrator of developing and carrying out § 1257 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 328

a pollution program by such State or agency L. 94–273, § 3(20), Apr. 21, 1976, 90 Stat. 377; Pub. during such fiscal year, L. 95–217, § 4(c), Dec. 27, 1977, 91 Stat. 1566; Pub. which ever amount is the lesser. L. 96–483, § 1(b), Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100–4, title I, § 101(b), Feb. 4, 1987, 101 Stat. 9.) (d) Limitations AMENDMENTS No grant shall be made under this section to any State or interstate agency for any fiscal 1987—Subsec. (a)(2). Pub. L. 100–4 inserted ‘‘, such year when the expenditure of non-Federal funds sums as may be necessary for fiscal years 1983 through 1985, and $75,000,000 per fiscal year for each of the fiscal by such State or interstate agency during such years 1986 through 1990’’ after ‘‘1982’’. fiscal year for the recurrent expenses of carry- 1980—Subsec. (a)(2). Pub. L. 96–483 inserted authoriza- ing out its pollution control program are less tion of the sum of $75,000,000 per fiscal year for fiscal than the expenditure by such State or interstate years 1981 and 1982. agency of non-Federal funds for such recurrent 1977—Subsec. (a)(2). Pub. L. 95–217 substituted ‘‘and program expenses during the fiscal year ending the fiscal year ending June 30, 1975, $100,000,000 per fis- June 30, 1971. cal year for the fiscal years 1977, 1978, 1979, and 1980’’ for ‘‘and the fiscal year ending June 30, 1975’’. (e) Grants prohibited to States not establishing 1976—Subsec. (f)(3). Pub. L. 94–273 substituted ‘‘Octo- water quality monitoring procedures or ade- ber’’ for ‘‘July’’. quate emergency and contingency plans 1975—Subsec. (a)(2). Pub. L. 93–592 substituted ‘‘June 30, 1974, and the fiscal year ending June 30, 1975;’’ for Beginning in fiscal year 1974 the Adminis- ‘‘June 30, 1974;’’. trator shall not make any grant under this sec- tion to any State which has not provided or is § 1257. Mine water pollution control demonstra- not carrying out as a part of its program— tions (1) the establishment and operation of appro- (a) Comprehensive approaches to elimination or priate devices, methods, systems, and proce- control of mine water pollution dures necessary to monitor, and to compile and analyze data on (including classification The Administrator in cooperation with the according to eutrophic condition), the quality Appalachian Regional Commission and other of navigable waters and to the extent prac- Federal agencies is authorized to conduct, to ticable, ground waters including biological make grants for, or to contract for, projects to monitoring; and provision for annually updat- demonstrate comprehensive approaches to the ing such data and including it in the report re- elimination or control of acid or other mine quired under section 1315 of this title; water pollution resulting from active or aban- (2) authority comparable to that in section doned mining operations and other environ- 1364 of this title and adequate contingency mental pollution affecting water quality within plans to implement such authority. all or part of a watershed or river basin, includ- ing siltation from surface mining. Such projects (f) Conditions shall demonstrate the engineering and economic Grants shall be made under this section on feasibility and practicality of various abatement condition that— techniques which will contribute substantially (1) Such State (or interstate agency) files to effective and practical methods of acid or with the Administrator within one hundred other mine water pollution elimination or con- and twenty days after October 18, 1972: trol, and other pollution affecting water quality, (A) a summary report of the current status including techniques that demonstrate the engi- of the State pollution control program, in- neering and economic feasibility and practical- cluding the criteria used by the State in de- ity of using sewage sludge materials and other termining priority of treatment works; and municipal wastes to diminish or prevent pollu- (B) such additional information, data, and tion affecting water quality from acid, sedi- reports as the Administrator may require. mentation, or other pollutants and in such (2) No federally assumed enforcement as de- projects to restore affected lands to usefulness fined in section 1319(a)(2) of this title is in ef- for forestry, agriculture, recreation, or other fect with respect to such State or interstate beneficial purposes. agency. (b) Consistency of projects with objectives of (3) Such State (or interstate agency) sub- subtitle IV of title 40 mits within one hundred and twenty days Prior to undertaking any demonstration after October 18, 1972, and before October 1 of project under this section in the Appalachian re- each year thereafter for the Administrator’s gion (as defined in section 14102(a)(1) and (b) of approval of its program for the prevention, re- title 40), the Appalachian Regional Commission duction, and elimination of pollution in ac- shall determine that such demonstration project cordance with purposes and provisions of this is consistent with the objectives of subtitle IV chapter in such form and content as the Ad- of title 40. ministrator may prescribe. (c) Watershed selection (g) Reallotment of unpaid allotments The Administrator, in selecting watersheds for Any sums allotted under subsection (b) of this the purposes of this section, shall be satisfied section in any fiscal year which are not paid that the project area will not be affected ad- shall be reallotted by the Administrator in ac- versely by the influx of acid or other mine water cordance with regulations promulgated by him. pollution from nearby sources. (June 30, 1948, ch. 758, title I, § 106, as added Pub. (d) Conditions upon Federal participation L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 827; amended Federal participation in such projects shall be Pub. L. 93–592, § 3, Jan. 2, 1975, 88 Stat. 1925; Pub. subject to the conditions— Page 329 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1259

(1) that the State shall acquire any land or (b) Conditions of Federal participation interests therein necessary for such project; Federal participation in such projects shall be and subject to the condition that the State, political (2) that the State shall provide legal and subdivision, interstate agency, or other public practical protection to the project area to in- agency, or combination thereof, shall pay not sure against any activities which will cause less than 25 per centum of the actual project future acid or other mine water pollution. costs, which payment may be in any form, in- (e) Authorization of appropriations cluding, but not limited to, land or interests There is authorized to be appropriated therein that is needed for the project, and per- $30,000,000 to carry out the provisions of this sec- sonal property or services the value of which tion, which sum shall be available until ex- shall be determined by the Administrator. pended. (c) Authorization of appropriations (June 30, 1948, ch. 758, title I, § 107, as added Pub. There is authorized to be appropriated L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 828.) $20,000,000 to carry out the provisions of sub- sections (a) and (b) of this section, which sum CODIFICATION shall be available until expended. In subsec. (b), ‘‘section 14102(a)(1) and (b) of title 40’’ (d) Lake Erie demonstration program substituted for ‘‘section 403 of the Appalachian Re- gional Development Act of 1965, as amended’’ and ‘‘sub- (1) In recognition of the serious conditions title IV of title 40’’ substituted for ‘‘the Appalachian which exist in Lake Erie, the Secretary of the Regional Development Act of 1965, as amended’’ on au- Army, acting through the Chief of Engineers, is thority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. directed to design and develop a demonstration 1303, the first section of which enacted Title 40, Public waste water management program for the reha- Buildings, Property, and Works. bilitation and environmental repair of Lake § 1257a. State demonstration programs for clean- Erie. Prior to the initiation of detailed engineer- up of abandoned mines for use as waste dis- ing and design, the program, along with the spe- posal sites; authorization of appropriations cific recommendations of the Chief of Engineers, and recommendations for its financing, shall be The Administrator of the Environmental Pro- submitted to the Congress for statutory ap- tection Agency is authorized to make grants to proval. This authority is in addition to, and not States to undertake a demonstration program in lieu of, other waste water studies aimed at for the cleanup of State-owned abandoned mines eliminating pollution emanating from select which can be used as hazardous waste disposal sources around Lake Erie. sites. The State shall pay 10 per centum of (2) This program is to be developed in coopera- project costs. At a minimum, the Administrator tion with the Environmental Protection Agen- shall undertake projects under such program in cy, other interested departments, agencies, and the States of Ohio, Illinois, and West Virginia. instrumentalities of the Federal Government, There are authorized to be appropriated and the States and their political subdivisions. $10,000,000 per fiscal year for each of the fiscal This program shall set forth alternative systems years ending September 30, 1982, September 30, for managing waste water on a regional basis 1983, and September 30, 1984, to carry out this and shall provide local and State governments section. Such projects shall be undertaken in ac- with a range of choice as to the type of system cordance with all applicable laws and regula- to be used for the treatment of waste water. tions. These alternative systems shall include both ad- (Pub. L. 96–483, § 12, Oct. 21, 1980, 94 Stat. 2363.) vanced waste treatment technology and land disposal systems including aerated treatment- CODIFICATION spray irrigation technology and will also include Section was not enacted as part of the Federal Water provisions for the disposal of solid wastes, in- Pollution Control Act which comprises this chapter. cluding sludge. Such program should include measures to control point sources of pollution, § 1258. Pollution control in the Great Lakes area sources of pollution, including acid-mine (a) Demonstration projects drainage, urban runoff and rural runoff, and in The Administrator, in cooperation with other place sources of pollution, including bottom Federal departments, agencies, and instrumen- loads, sludge banks, and polluted harbor dredg- talities is authorized to enter into agreements ings. with any State, political subdivision, interstate (e) Authorization of appropriations for Lake Erie agency, or other public agency, or combination demonstration program thereof, to carry out one or more projects to There is authorized to be appropriated demonstrate new methods and techniques and to $5,000,000 to carry out the provisions of sub- develop preliminary plans for the elimination or section (d) of this section, which sum shall be control of pollution, within all or any part of available until expended. the watersheds of the Great Lakes. Such projects shall demonstrate the engineering and (June 30, 1948, ch. 758, title I, § 108, as added Pub. economic feasibility and practicality of removal L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 828.) of pollutants and prevention of any polluting § 1259. Training grants and contracts matter from entering into the Great Lakes in the future and other reduction and remedial (a) The Administrator is authorized to make techniques which will contribute substantially grants to or contracts with institutions of high- to effective and practical methods of pollution er education, or combinations of such institu- prevention, reduction, or elimination. tions, to assist them in planning, developing, § 1260 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 330 strengthening, improving, or carrying out pro- (June 30, 1948, ch. 758, title I, § 109, as added Pub. grams or projects for the preparation of under- L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 829; amended graduate students to enter an occupation which Pub. L. 95–217, § 10, Dec. 27, 1977, 91 Stat. 1568.) involves the design, operation, and maintenance REFERENCES IN TEXT of treatment works, and other facilities whose purpose is water quality control. Such grants or Prior to the date of enactment of the Clean Water contracts may include payment of all or part of Act of 1977, referred to in subsec. (b)(4), means prior to the cost of programs or projects such as— the enactment of Pub. L. 95–217, Dec. 27, 1977, 91 Stat. 1566, which was approved Dec. 27, 1977. (A) planning for the development or expan- Such Act, referred to in subsec. (b)(4), means Pub. L. sion of programs or projects for training per- 95–217, Dec. 27, 1977, 91 Stat. 1566, as amended, known as sons in the operation and maintenance of the Clean Water Act of 1977. For complete classifica- treatment works; tion of this Act to the Code, see Short Title of 1977 (B) training and retraining of faculty mem- Amendment note set out under section 1251 of this title bers; and Tables. (C) conduct of short-term or regular session AMENDMENTS institutes for study by persons engaged in, or 1977—Subsec. (b)(1). Pub. L. 95–217, § 10(c), (d), sub- preparing to engage in, the preparation of stu- stituted ‘‘cost of construction of treatment works re- dents preparing to enter an occupation involv- quired for a facility to train and upgrade waste treat- ing the operation and maintenance of treat- ment works operation and maintenance personnel and ment works; for the costs of other State treatment works operator (D) carrying out innovative and experi- training programs, including mobile training units, mental programs of cooperative education in- classroom rental, specialized instructors, and instruc- tional material’’ for ‘‘cost of construction of a treat- volving alternate periods of full-time or part- ment works required for a facility to train and upgrade time academic study at the institution and pe- waste treatment works operation and maintenance per- riods of full-time or part-time employment in- sonnel’’. volving the operation and maintenance of Subsec. (b)(2). Pub. L. 95–217, § 10(e), authorized Ad- treatment works; and ministrator to make an additional grant for a supple- (E) research into, and development of, meth- mental facility in each of the States in any case where ods of training students or faculty, including a grant is made to serve two or more States. Subsec. (b)(3). Pub. L. 95–217, § 10(a), substituted the preparation of teaching materials and the ‘‘$500,000’’ for ‘‘$250,000’’. planning of curriculum. Subsec. (b)(4). Pub. L. 95–217, § 10(b), added par. (4).

(b)(1) The Administrator may pay 100 per cen- § 1260. Applications; allocation tum of any additional cost of construction of treatment works required for a facility to train (1) A grant or contract authorized by section and upgrade waste treatment works operation 1259 of this title may be made only upon applica- and maintenance personnel and for the costs of tion to the Administrator at such time or times other State treatment works operator training and containing such information as he may pre- programs, including mobile training units, scribe, except that no such application shall be classroom rental, specialized instructors, and in- approved unless it— structional material. (A) sets forth programs, activities, research, (2) The Administrator shall make no more or development for which a grant is authorized than one grant for such additional construction under section 1259 of this title and describes in any State (to serve a group of States, where, the relation to any program set forth by the in his judgment, efficient training programs re- applicant in an application, if any, submitted quire multi-State programs), and shall make pursuant to section 1261 of this title; such grant after consultation with and approval (B) provides such fiscal control and fund ac- by the State or States on the basis of (A) the counting procedures as may be necessary to suitability of such facility for training oper- assure proper disbursement of and accounting ation and maintenance personnel for treatment for Federal funds paid to the applicant under works throughout such State or States; and (B) this section; and a commitment by the State agency or agencies (C) provides for making such reports, in such to carry out at such facility a program of train- form and containing such information, as the ing approved by the Administrator. In any case Administrator may require to carry out his where a grant is made to serve two or more functions under this section, and for keeping States, the Administrator is authorized to make such records and for affording such access an additional grant for a supplemental facility thereto as the Administrator may find nec- in each such State. essary to assure the correctness and verifica- (3) The Administrator may make such grant tion of such reports. out of the sums allocated to a State under sec- (2) The Administrator shall allocate grants or tion 1285 of this title, except that in no event contracts under section 1259 of this title in such shall the Federal cost of any such training fa- manner as will most nearly provide an equitable cilities exceed $500,000. distribution of the grants or contracts through- (4) The Administrator may exempt a grant out the United States among institutions of under this section from any requirement under higher education which show promise of being section 1284(a)(3) of this title. Any grantee who able to use funds effectively for the purpose of received a grant under this section prior to en- this section. actment of the Clean Water Act of 1977 shall be (3)(A) Payments under this section may be eligible to have its grant increased by funds used in accordance with regulations of the Ad- made available under such Act. ministrator, and subject to the terms and condi- Page 331 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1262 tions set forth in an application approved under operation and maintenance of treatment paragraph (1), to pay part of the compensation works, and (ii) the institution will make rea- of students employed in connection with the op- sonable continuing efforts to encourage recipi- eration and maintenance of treatment works, ents of scholarships under this section, en- other than as an employee in connection with rolled in such program, to enter occupations the operation and maintenance of treatment involving the operation and maintenance of works or as an employee in any branch of the treatment works upon completing the pro- Government of the United States, as part of a gram. program for which a grant has been approved (4)(A) The Administrator shall pay to persons pursuant to this section. awarded scholarships under this section such (B) Departments and agencies of the United stipends (including such allowances for subsist- States are encouraged, to the extent consistent ence and other expenses for such persons and with efficient administration, to enter into ar- their dependents) as he may determine to be rangements with institutions of higher edu- consistent with prevailing practices under com- cation for the full-time, part-time, or temporary parable federally supported programs. employment, whether in the competitive or ex- (B) The Administrator shall (in addition to the cepted service, of students enrolled in programs stipends paid to persons under paragraph (1)) set forth in applications approved under para- pay to the institution of higher education at graph (1). which such person is pursuing his course of (June 30, 1948, ch. 758, title I, § 110, as added Pub. study such amount as he may determine to be L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 830.) consistent with prevailing practices under com- parable federally supported programs. § 1261. Scholarships (5) A person awarded a scholarship under the (1) The Administrator is authorized to award provisions of this section shall continue to re- scholarships in accordance with the provisions ceive the payments provided in this section only of this section for undergraduate study by per- during such periods as the Administrator finds sons who plan to enter an occupation involving that he is maintaining satisfactory proficiency the operation and maintenance of treatment and devoting full time to study or research in works. Such scholarships shall be awarded for the field in which such scholarship was awarded such periods as the Administrator may deter- in an institution of higher education, and is not mine but not to exceed four academic years. engaging in gainful employment other than em- (2) The Administrator shall allocate scholar- ployment approved by the Administrator by or ships under this section among institutions of pursuant to regulation. higher education with programs approved under (6) The Administrator shall by regulation pro- the provisions of this section for the use of indi- vide that any person awarded a scholarship viduals accepted into such programs in such under this section shall agree in writing to enter manner and according to such plan as will inso- and remain in an occupation involving the de- far as practicable— sign, operation, or maintenance of treatment (A) provide an equitable distribution of such works for such period after completion of his scholarships throughout the United States; course of studies as the Administrator deter- and mines appropriate. (B) attract recent graduates of secondary (June 30, 1948, ch. 758, title I, § 111, as added Pub. schools to enter an occupation involving the L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 831.) operation and maintenance of treatment works. § 1262. Definitions and authorizations (3) The Administrator shall approve a program (a) As used in sections 1259 through 1262 of this of any institution of higher education for the title— purposes of this section only upon application (1) The term ‘‘institution of higher education’’ by the institution and only upon his finding— means an educational institution described in (A) that such program has a principal objec- the first sentence of section 1001 of title 20 tive the education and training of persons in (other than an institution of any agency of the the operation and maintenance of treatment United States) which is accredited by a nation- works; ally recognized accrediting agency or associa- (B) that such program is in effect and of high tion approved by the Administrator for this pur- quality, or can be readily put into effect and pose. For purposes of this subsection, the Ad- may reasonably be expected to be of high qual- ministrator shall publish a list of nationally ity; recognized accrediting agencies or associations (C) that the application describes the rela- which he determines to be reliable authority as tion of such program to any program, activity, to the quality of training offered. research, or development set forth by the ap- (2) The term ‘‘academic year’’ means an aca- plicant in an application, if any, submitted demic year or its equivalent, as determined by pursuant to section 1260 of this title; and the Administrator. (D) that the application contains satisfac- (b) The Administrator shall annually report tory assurances that (i) the institution will his activities under sections 1259 through 1262 of recommend to the Administrator for the this title, including recommendations for needed award of scholarships under this section, for revisions in the provisions thereof. study in such program, only persons who have (c) There are authorized to be appropriated demonstrated to the satisfaction of the insti- $25,000,000 per fiscal year for the fiscal years tution a serious intent, upon completing the ending June 30, 1973, June 30, 1974, and June 30, program, to enter an occupation involving the 1975, $6,000,000 for the fiscal year ending Septem- § 1263 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 332 ber 30, 1977, $7,000,000 for the fiscal year ending (c) Omitted September 30, 1978, $7,000,000 for the fiscal year ending September 30, 1979, $7,000,000 for the fis- (d) Authorization of appropriations cal year ending September 30, 1980, $7,000,000 for There is authorized to be appropriated not to the fiscal year ending September 30, 1981, exceed $2,000,000 to carry out this section. In ad- $7,000,000 for the fiscal year ending September dition, there is authorized to be appropriated to 30, 1982, such sums as may be necessary for fiscal carry out this section not to exceed $200,000 for years 1983 through 1985, and $7,000,000 per fiscal the fiscal year ending September 30, 1978, and year for each of the fiscal years 1986 through $220,000 for the fiscal year ending September 30, 1990, to carry out sections 1259 through 1262 of 1979. this title. (e) Study to develop comprehensive program for (June 30, 1948, ch. 758, title I, § 112, as added Pub. achieving sanitation services; report to Con- L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 832; amended gress Pub. L. 93–592, § 4, Jan. 2, 1975, 88 Stat. 1925; Pub. The Administrator is authorized to coordinate L. 95–217, § 4(d), Dec. 27, 1977, 91 Stat. 1566; Pub. with the Secretary of the Department of Health L. 96–483, § 1(c), Oct. 21, 1980, 94 Stat. 2360; Pub. and Human Services, the Secretary of the De- L. 100–4, title I, § 101(c), Feb. 4, 1987, 101 Stat. 9; partment of Housing and Urban Development, Pub. L. 105–244, title I, § 102(a)(11), Oct. 7, 1998, the Secretary of the Department of the Interior, 112 Stat. 1620.) the Secretary of the Department of Agriculture, AMENDMENTS and the heads of any other departments or agen- 1998—Subsec. (a)(1). Pub. L. 105–244 substituted ‘‘sec- cies he may deem appropriate to conduct a joint tion 1001’’ for ‘‘section 1141’’. study with representatives of the State of Alas- 1987—Subsec. (c). Pub. L. 100–4 struck out ‘‘and’’ after ka and the appropriate Native organizations (as ‘‘1981,’’ and inserted ‘‘such sums as may be necessary defined in Public Law 92–203) to develop a com- for fiscal years 1983 through 1985, and $7,000,000 per fis- prehensive program for achieving adequate sani- cal year for each of the fiscal years 1986 through 1990,’’ tation services in Alaska villages. This study after ‘‘1982,’’. shall be coordinated with the programs and 1980—Subsec. (c). Pub. L. 96–483 inserted authoriza- tion of the sum of $7,000,000 for each of fiscal years end- projects authorized by sections 1254(q) and ing Sept. 30, 1981 and 1982. 1255(e)(2) of this title. The Administrator shall 1977—Subsec. (c). Pub. L. 95–217 substituted ‘‘June 30, submit a report of the results of the study, to- 1975, $6,000,000 for the fiscal year ending September 30, gether with appropriate supporting data and 1977, $7,000,000 for the fiscal year ending September 30, such recommendations as he deems desirable, to 1978, $7,000,000 for the fiscal year ending September 30, the Committee on Environment and Public 1979, and $7,000,000 for the fiscal year ending September Works of the Senate and to the Committee on 30, 1980,’’ for ‘‘June 30, 1975,’’. 1975—Subsec. (c). Pub. L. 93–592 substituted ‘‘June 30, Public Works and Transportation of the House 1974, and June 30, 1975,’’ for ‘‘and June 30, 1974,’’. of Representatives not later than December 31, 1979. The Administrator shall also submit rec- EFFECTIVE DATE OF 1998 AMENDMENT ommended administrative actions, procedures, Amendment by Pub. L. 105–244 effective Oct. 1, 1998, and any proposed legislation necessary to imple- except as otherwise provided in Pub. L. 105–244, see sec- ment the recommendations of the study no later tion 3 of Pub. L. 105–244, set out as a note under section than June 30, 1980. 1001 of Title 20, Education. (f) Technical, financial, and management assist- § 1263. Alaska village demonstration projects ance (a) Central community facilities for safe water; The Administrator is authorized to provide elimination or control of pollution technical, financial and management assistance The Administrator is authorized to enter into for operation and maintenance of the dem- agreements with the State of Alaska to carry onstration projects constructed under this sec- out one or more projects to demonstrate meth- tion, until such time as the recommendations of ods to provide for central community facilities subsection (e) of this section are implemented. for safe water and eliminate or control of pollu- (g) ‘‘Village’’ and ‘‘sanitation services’’ defined tion in those native villages of Alaska without For the purpose of this section, the term ‘‘vil- such facilities. Such project shall include provi- lage’’ shall mean an incorporated or unincor- sions for community safe water supply systems, porated community with a population of ten to toilets, bathing and laundry facilities, sewage six hundred people living within a two-mile ra- disposal facilities, and other similar facilities, dius. The term ‘‘sanitation services’’ shall mean and educational and informational facilities and water supply, sewage disposal, solid waste dis- programs relating to health and hygiene. Such posal and other services necessary to maintain demonstration projects shall be for the further generally accepted standards of personal hy- purpose of developing preliminary plans for pro- giene and public health. viding such safe water and such elimination or control of pollution for all native villages in (June 30, 1948, ch. 758, title I, § 113, as added Pub. such State. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 832; amended (b) Utilization of personnel and facilities of De- Pub. L. 95–217, § 11, Dec. 27, 1977, 91 Stat. 1568; partment of Health and Human Services Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) In carrying out this section the Administrator shall cooperate with the Secretary of Health and REFERENCES IN TEXT Human Services for the purpose of utilizing such Public Law 92–203, referred to in subsec. (e), is Pub. L. of the personnel and facilities of that Depart- 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, known as ment as may be appropriate. the Alaska Native Claims Settlement Act, which is Page 333 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1266 classified generally to chapter 33 (§ 1601 et seq.) of Title allocation of grants under subsection (a) of this 43, Public Lands. For complete classification of this section according to the needs of, and relative Act to the Code, see Short Title note set out under sec- health and sanitation conditions in, each eligi- tion 1601 of Title 43 and Tables. ble village. CODIFICATION (e) Authorization of appropriations Subsec. (c) authorized the Administrator to report to Congress the results of the demonstration project ac- There are authorized to be appropriated to companied by his recommendations for the establish- carry out this section $40,000,000 for each of fis- ment of a statewide project not later than July 1, 1973. cal years 2001 through 2005.

AMENDMENTS (Pub. L. 104–182, title III, § 303, Aug. 6, 1996, 110 1977—Subsec. (d). Pub. L. 95–217, § 11(b), authorized ad- Stat. 1683; Pub. L. 106–457, title IX, § 903, Nov. 7, ditional appropriations of not to exceed $200,000 for the 2000, 114 Stat. 1982.) fiscal year ending Sept. 30, 1978, and $220,000, for the fis- cal year ending Sept. 30, 1979, to carry out this section. CODIFICATION Subsecs. (e) to (g). Pub. L. 95–217, § 11(a), added sub- Section was enacted as part of the Safe Drinking secs. (e), (f), and (g). Water Act Amendments of 1996, and not as part of the CHANGE OF NAME Federal Water Pollution Control Act which comprises this chapter. ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- AMENDMENTS fare’’ in subsec. (b), and ‘‘Secretary of the Department 2000—Subsec. (e). Pub. L. 106–457 substituted ‘‘to of Health and Human Services’’ substituted for ‘‘Sec- carry out this section $40,000,000 for each of fiscal years retary of the Department of Health, Education, and Welfare’’ in subsec. (e), pursuant to section 509(b) of 2001 through 2005’’ for ‘‘$15,000,000 for each of the fiscal Pub. L. 96–88 which is classified to section 3508(b) of years 1997 through 2000 to carry out this section’’. Title 20, Education. Committee on Public Works and Transportation of § 1264. Omitted House of Representatives treated as referring to Com- CODIFICATION mittee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set Section, act June 30, 1948, ch. 758, title I, § 114, as out as a note preceding section 21 of Title 2, The Con- added Oct. 18, 1972, Pub. L. 92–500, § 2, 86 Stat. 833, au- gress. thorized the Administrator, in consultation with the Tahoe Regional Planning Agency, the Secretary of Ag- CORPS CAPABILITY STUDY, ALASKA riculture, other Federal agencies, representatives of Pub. L. 104–303, title IV, § 401, Oct. 12, 1996, 110 Stat. State and local governments, and members of the pub- 3740, provided that: ‘‘Not later than 18 months after the lic, to conduct a thorough and complete study on the date of the enactment of this Act [Oct. 12, 1996], the need of extending Federal oversight and control in Secretary shall report to Congress on the advisability order to preserve the fragile ecology of Lake Tahoe and and capability of the Corps of Engineers to implement to report the results of this study to Congress not later rural sanitation projects for rural and Native villages than one year after Oct. 18, 1972. in Alaska.’’ § 1265. In-place toxic pollutants § 1263a. Grants to Alaska to improve sanitation in rural and Native villages The Administrator is directed to identify the location of in-place pollutants with emphasis on (a) In general toxic pollutants in harbors and navigable water- The Administrator of the Environmental Pro- ways and is authorized, acting through the Sec- tection Agency may make grants to the State of retary of the Army, to make contracts for the Alaska for the benefit of rural and Native vil- removal and appropriate disposal of such mate- lages in Alaska to pay the Federal share of the rials from critical port and harbor areas. There cost of— is authorized to be appropriated $15,000,000 to (1) the development and construction of pub- carry out the provisions of this section, which lic water systems and wastewater systems to sum shall be available until expended. improve the health and sanitation conditions in the villages; and (June 30, 1948, ch. 758, title I, § 115, as added Pub. (2) training, technical assistance, and edu- L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 833.) cational programs relating to the operation and management of sanitation services in § 1266. Hudson River reclamation demonstration rural and Native villages. project (b) Federal share (a) The Administrator is authorized to enter The Federal share of the cost of the activities into contracts and other agreements with the described in subsection (a) of this section shall State of New York to carry out a project to be 50 percent. demonstrate methods for the selective removal (c) Administrative expenses of polychlorinated biphenyls contaminating bot- tom sediments of the Hudson River, treating The State of Alaska may use an amount not to such sediments as required, burying such sedi- exceed 4 percent of any grant made available ments in secure landfills, and installing mon- under this subsection 1 for administrative ex- itoring systems for such landfills. Such dem- penses necessary to carry out the activities de- scribed in subsection (a) of this section. onstration project shall be for the purpose of de- termining the feasibility of indefinite storage in (d) Consultation with State of Alaska secure landfills of toxic substances and of ascer- The Administrator shall consult with the taining the improvement of the rate of recovery State of Alaska on a method of prioritizing the of a toxic contaminated national waterway. No pollutants removed pursuant to this paragraph 1 So in original. Probably should be ‘‘section’’. shall be placed in any landfill unless the Admin- § 1267 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 334 istrator first determines that disposal of the (3) Chesapeake Bay ecosystem pollutants in such landfill would provide a high- The term ‘‘Chesapeake Bay ecosystem’’ er standard of protection of the public health, means the ecosystem of the Chesapeake Bay safety, and welfare than disposal of such pollut- and its watershed. ants by any other method including, but not limited to, incineration or a chemical destruc- (4) Chesapeake Bay Program tion process. The term ‘‘Chesapeake Bay Program’’ means (b) The Administrator is authorized to make the program directed by the Chesapeake Exec- grants to the State of New York to carry out utive Council in accordance with the Chesa- this section from funds allotted to such State peake Bay Agreement. under section 1285(a) of this title, except that (5) Chesapeake Executive Council the amount of any such grant shall be equal to The term ‘‘Chesapeake Executive Council’’ 75 per centum of the cost of the project and such means the signatories to the Chesapeake Bay grant shall be made on condition that non-Fed- Agreement. eral sources provide the remainder of the cost of such project. The authority of this section shall (6) Signatory jurisdiction be available until September 30, 1983. Funds al- The term ‘‘signatory jurisdiction’’ means a lotted to the State of New York under section jurisdiction of a signatory to the Chesapeake 1285(a) of this title shall be available under this Bay Agreement. subsection only to the extent that funds are not (b) Continuation of Chesapeake Bay Program available, as determined by the Administrator, (1) In general to the State of New York for the work author- ized by this section under section 1265 or 1321 of In cooperation with the Chesapeake Execu- this title or a comprehensive hazardous sub- tive Council (and as a member of the Council), stance response and clean up fund. Any funds the Administrator shall continue the Chesa- used under the authority of this subsection shall peake Bay Program. be deducted from any estimate of the needs of (2) Program Office the State of New York prepared under section (A) In general 1375(b) of this title. The Administrator may not obligate or expend more than $20,000,000 to carry The Administrator shall maintain in the out this section. Environmental Protection Agency a Chesa- peake Bay Program Office. (June 30, 1948, ch. 758, title I, § 116, as added Pub. (B) Function L. 96–483, § 10, Oct. 21, 1980, 94 Stat. 2363; amended Pub. L. 105–362, title V, § 501(d)(2)(B), Nov. 10, The Chesapeake Bay Program Office shall 1998, 112 Stat. 3284; Pub. L. 107–303, title III, provide support to the Chesapeake Executive § 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.) Council by— (i) implementing and coordinating AMENDMENTS science, research, modeling, support serv- 2002—Subsec. (b). Pub. L. 107–303 repealed Pub. L. ices, monitoring, data collection, and 105–362, § 501(d)(2)(B). See 1998 Amendment note below. other activities that support the Chesa- 1998—Subsec. (b). Pub. L. 105–362, § 501(d)(2)(B), which peake Bay Program; directed the substitution of ‘‘section 1375 of this title’’ (ii) developing and making available, for ‘‘section 1375(b) of this title’’ in penultimate sen- tence, was repealed by Pub. L. 107–303. See Effective through publications, technical assistance, Date of 2002 Amendment note below. and other appropriate means, information pertaining to the environmental quality EFFECTIVE DATE OF 2002 AMENDMENT and living resources of the Chesapeake Amendment by Pub. L. 107–303 effective Nov. 10, 1998, Bay ecosystem; and Federal Water Pollution Act (33 U.S.C. 1251 et seq.) (iii) in cooperation with appropriate Fed- to be applied and administered on and after Nov. 27, eral, State, and local authorities, assisting 2002, as if amendments made by section 501(a)–(d) of the signatories to the Chesapeake Bay Pub. L. 105–362 had not been enacted, see section 302(b) of Pub. L. 107–303, set out as a note under section 1254 Agreement in developing and implement- of this title. ing specific action plans to carry out the responsibilities of the signatories to the § 1267. Chesapeake Bay Chesapeake Bay Agreement; (a) Definitions (iv) coordinating the actions of the Envi- ronmental Protection Agency with the ac- In this section, the following definitions tions of the appropriate officials of other apply: Federal agencies and State and local au- (1) Administrative cost thorities in developing strategies to— The term ‘‘administrative cost’’ means the (I) improve the water quality and liv- cost of salaries and fringe benefits incurred in ing resources in the Chesapeake Bay eco- administering a grant under this section. system; and (2) Chesapeake Bay Agreement (II) obtain the support of the appro- priate officials of the agencies and au- The term ‘‘Chesapeake Bay Agreement’’ thorities in achieving the objectives of means the formal, voluntary agreements exe- the Chesapeake Bay Agreement; and cuted to achieve the goal of restoring and pro- tecting the Chesapeake Bay ecosystem and the (v) implementing outreach programs for living resources of the Chesapeake Bay eco- public information, education, and partici- system and signed by the Chesapeake Execu- pation to foster stewardship of the re- tive Council. sources of the Chesapeake Bay. Page 335 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1267

(c) Interagency agreements (i) a description of proposed management The Administrator may enter into an inter- mechanisms that the jurisdiction commits agency agreement with a Federal agency to to take within a specified time period, carry out this section. such as reducing or preventing pollution in the Chesapeake Bay and its watershed or (d) Technical assistance and assistance grants meeting applicable water quality stand- (1) In general ards or established goals and objectives In cooperation with the Chesapeake Execu- under the Chesapeake Bay Agreement; and tive Council, the Administrator may provide (ii) the estimated cost of the actions pro- technical assistance, and assistance grants, to posed to be taken during the fiscal year. nonprofit organizations, State and local gov- (3) Approval ernments, colleges, universities, and inter- If the Administrator finds that the proposal state agencies to carry out this section, sub- is consistent with the Chesapeake Bay Agree- ject to such terms and conditions as the Ad- ment and the national goals established under ministrator considers appropriate. section 1251(a) of this title, the Administrator (2) Federal share may approve the proposal for an award. (A) In general (4) Federal share Except as provided in subparagraph (B), The Federal share of a grant under this sub- the Federal share of an assistance grant pro- section shall not exceed 50 percent of the cost vided under paragraph (1) shall be deter- of implementing the management mechanisms mined by the Administrator in accordance during the fiscal year. with guidance issued by the Administrator. (5) Non-Federal share (B) Small watershed grants program A grant under this subsection shall be made The Federal share of an assistance grant on the condition that non-Federal sources pro- provided under paragraph (1) to carry out an vide the remainder of the costs of implement- implementing activity under subsection ing the management mechanisms during the (g)(2) of this section shall not exceed 75 per- fiscal year. cent of eligible project costs, as determined by the Administrator. (6) Administrative costs (3) Non-Federal share Administrative costs shall not exceed 10 per- An assistance grant under paragraph (1) cent of the annual grant award. shall be provided on the condition that non- (7) Reporting Federal sources provide the remainder of eligi- On or before October 1 of each fiscal year, ble project costs, as determined by the Admin- the Administrator shall make available to the istrator. public a document that lists and describes, in (4) Administrative costs the greatest practicable degree of detail— Administrative costs shall not exceed 10 per- (A) all projects and activities funded for cent of the annual grant award. the fiscal year; (B) the goals and objectives of projects (e) Implementation and monitoring grants funded for the previous fiscal year; and (1) In general (C) the net benefits of projects funded for If a signatory jurisdiction has approved and previous fiscal years. committed to implement all or substantially (f) Federal facilities and budget coordination all aspects of the Chesapeake Bay Agreement, (1) Subwatershed planning and restoration on the request of the chief executive of the ju- risdiction, the Administrator— A Federal agency that owns or operates a fa- (A) shall make a grant to the jurisdiction cility (as defined by the Administrator) within for the purpose of implementing the man- the Chesapeake Bay watershed shall partici- agement mechanisms established under the pate in regional and subwatershed planning Chesapeake Bay Agreement, subject to such and restoration programs. terms and conditions as the Administrator (2) Compliance with agreement considers appropriate; and The head of each Federal agency that owns (B) may make a grant to a signatory juris- or occupies real property in the Chesapeake diction for the purpose of monitoring the Bay watershed shall ensure that the property, Chesapeake Bay ecosystem. and actions taken by the agency with respect (2) Proposals to the property, comply with the Chesapeake (A) In general Bay Agreement, the Federal Agencies Chesa- A signatory jurisdiction described in para- peake Ecosystem Unified Plan, and any subse- graph (1) may apply for a grant under this quent agreements and plans. subsection for a fiscal year by submitting to (3) Budget coordination the Administrator a comprehensive proposal (A) In general to implement management mechanisms es- tablished under the Chesapeake Bay Agree- As part of the annual budget submission of ment. each Federal agency with projects or grants related to restoration, planning, monitoring, (B) Contents or scientific investigation of the Chesapeake A proposal under subparagraph (A) shall Bay ecosystem, the head of the agency shall include— submit to the President a report that de- § 1267 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 336

scribes plans for the expenditure of the funds cil, shall complete a study and submit to Con- under this section. gress a comprehensive report on the results of (B) Disclosure to the Council the study. The head of each agency referred to in sub- (2) Requirements paragraph (A) shall disclose the report under The study and report shall— that subparagraph with the Chesapeake Ex- (A) assess the state of the Chesapeake Bay ecutive Council as appropriate. ecosystem; (g) Chesapeake Bay Program (B) compare the current state of the (1) Management strategies Chesapeake Bay ecosystem with its state in 1975, 1985, and 1995; The Administrator, in coordination with (C) assess the effectiveness of management other members of the Chesapeake Executive strategies being implemented on November Council, shall ensure that management plans 7, 2000, and the extent to which the priority are developed and implementation is begun by needs are being met; signatories to the Chesapeake Bay Agreement (D) make recommendations for the im- to achieve and maintain— proved management of the Chesapeake Bay (A) the nutrient goals of the Chesapeake Program either by strengthening strategies Bay Agreement for the quantity of nitrogen being implemented on November 7, 2000, or and phosphorus entering the Chesapeake by adopting new strategies; and Bay and its watershed; (E) be presented in such a format as to be (B) the water quality requirements nec- readily transferable to and usable by other essary to restore living resources in the watershed restoration programs. Chesapeake Bay ecosystem; (C) the Chesapeake Bay Basinwide Toxins (i) Special study of living resource response Reduction and Prevention Strategy goal of (1) In general reducing or eliminating the input of chemi- Not later than 180 days after November 7, cal contaminants from all controllable 2000, the Administrator shall commence a 5- sources to levels that result in no toxic or year special study with full participation of bioaccumulative impact on the living re- the scientific community of the Chesapeake sources of the Chesapeake Bay ecosystem or Bay to establish and expand understanding of on human health; the response of the living resources of the (D) habitat restoration, protection, cre- Chesapeake Bay ecosystem to improvements ation, and enhancement goals established by in water quality that have resulted from in- Chesapeake Bay Agreement signatories for vestments made through the Chesapeake Bay wetlands, riparian forests, and other types of Program. habitat associated with the Chesapeake Bay (2) Requirements ecosystem; and (E) the restoration, protection, creation, The study shall— and enhancement goals established by the (A) determine the current status and Chesapeake Bay Agreement signatories for trends of living resources, including grasses, living resources associated with the Chesa- benthos, phytoplankton, zooplankton, fish, peake Bay ecosystem. and shellfish; (B) establish to the extent practicable the (2) Small watershed grants program rates of recovery of the living resources in The Administrator, in cooperation with the response to improved water quality condi- Chesapeake Executive Council, shall— tion; (A) establish a small watershed grants pro- (C) evaluate and assess interactions of spe- gram as part of the Chesapeake Bay Pro- cies, with particular attention to the impact gram; and of changes within and among trophic levels; (B) offer technical assistance and assist- and ance grants under subsection (d) of this sec- (D) recommend management actions to op- tion to local governments and nonprofit or- timize the return of a healthy and balanced ganizations and individuals in the Chesa- ecosystem in response to improvements in peake Bay region to implement— the quality and character of the waters of (i) cooperative tributary basin strategies the Chesapeake Bay. that address the water quality and living (j) Authorization of appropriations resource needs in the Chesapeake Bay eco- system; and There is authorized to be appropriated to (ii) locally based protection and restora- carry out this section $40,000,000 for each of fis- tion programs or projects within a water- cal years 2001 through 2005. Such sums shall re- shed that complement the tributary basin main available until expended. strategies, including the creation, restora- (June 30, 1948, ch. 758, title I, § 117, as added Pub. tion, protection, or enhancement of habi- L. 100–4, title I, § 103, Feb. 4, 1987, 101 Stat. 10; tat associated with the Chesapeake Bay amended Pub. L. 106–457, title II, § 203, Nov. 7, ecosystem. 2000, 114 Stat. 1967.) (h) Study of Chesapeake Bay Program CODIFICATION (1) In general November 7, 2000, referred to in subsecs. (h)(2)(C), (D), Not later than April 22, 2003, and every 5 and (i)(1), was in the original ‘‘the date of enactment of years thereafter, the Administrator, in coordi- this section’’, which was translated as meaning the nation with the Chesapeake Executive Coun- date of enactment of Pub. L. 106–457, which amended Page 337 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1267 this section generally, to reflect the probable intent of PART 1—PREAMBLE Congress. The Chesapeake Bay is a national treasure constitut- AMENDMENTS ing the largest estuary in the United States and one of the largest and most biologically productive estuaries 2000—Pub. L. 106–457 amended section generally, sub- in the world. The Federal Government has nationally stituting subsecs. (a) to (j) for former subsecs. (a) to (d), significant assets in the Chesapeake Bay and its water- which related to continuation of the Chesapeake Bay shed in the form of public lands, facilities, military in- Program and establishment and maintenance in the stallations, parks, forests, wildlife refuges, monuments, Environmental Protection Agency of an office, divi- and museums. sion, or branch of Chesapeake Bay Programs, interstate Despite significant efforts by Federal, State, and development plan grants, progress reports from grant local governments and other interested parties, water recipient States, and authorization of appropriations. pollution in the Chesapeake Bay prevents the attain- ment of existing State water quality standards and the FINDINGS AND PURPOSES ‘‘fishable and swimmable’’ goals of the Clean Water Pub. L. 106–457, title II, § 202, Nov. 7, 2000, 114 Stat. Act. At the current level and scope of pollution control 1967, provided that: within the Chesapeake Bay’s watershed, restoration of ‘‘(a) FINDINGS.—Congress finds that— the Chesapeake Bay is not expected for many years. ‘‘(1) the Chesapeake Bay is a national treasure and The pollutants that are largely responsible for pollu- a resource of worldwide significance; tion of the Chesapeake Bay are nutrients, in the form ‘‘(2) over many years, the productivity and water of nitrogen and phosphorus, and sediment. These pol- quality of the Chesapeake Bay and its watershed were lutants come from many sources, including sewage diminished by pollution, excessive sedimentation, treatment plants, city streets, development sites, agri- shoreline erosion, the impacts of population growth cultural operations, and deposition from the air onto and development in the Chesapeake Bay watershed, the waters of the Chesapeake Bay and the lands of the and other factors; watershed. ‘‘(3) the Federal Government (acting through the Restoration of the health of the Chesapeake Bay will Administrator of the Environmental Protection require a renewed commitment to controlling pollution Agency), the Governor of the State of Maryland, the from all sources as well as protecting and restoring Governor of the Commonwealth of Virginia, the Gov- habitat and living resources, conserving lands, and im- ernor of the Commonwealth of Pennsylvania, the proving management of natural resources, all of which Chairperson of the Chesapeake Bay Commission, and contribute to improved water quality and ecosystem the mayor of the District of Columbia, as Chesapeake health. The Federal Government should lead this ef- Bay Agreement signatories, have committed to a fort. Executive departments and agencies (agencies), comprehensive cooperative program to achieve im- working in collaboration, can use their expertise and proved water quality and improvements in the pro- resources to contribute significantly to improving the ductivity of living resources of the Bay; health of the Chesapeake Bay. Progress in restoring the ‘‘(4) the cooperative program described in para- Chesapeake Bay also will depend on the support of graph (3) serves as a national and international model State and local governments, the enterprise of the pri- for the management of estuaries; and vate sector, and the stewardship provided to the Chesa- ‘‘(5) there is a need to expand Federal support for peake Bay by all the people who make this region their home. monitoring, management, and restoration activities in the Chesapeake Bay and the tributaries of the Bay PART 2—SHARED FEDERAL LEADERSHIP, PLANNING, AND in order to meet and further the original and subse- ACCOUNTABILITY quent goals and commitments of the Chesapeake Bay SEC. 201. Federal Leadership Committee. In order to Program. begin a new era of shared Federal leadership with re- ‘‘(b) PURPOSES.—The purposes of this title [amending spect to the protection and restoration of the Chesa- this section and enacting provisions set out as a note peake Bay, a Federal Leadership Committee (Commit- under section 1251 of this title] are— tee) for the Chesapeake Bay is established to oversee ‘‘(1) to expand and strengthen cooperative efforts to the development and coordination of programs and ac- restore and protect the Chesapeake Bay; and tivities, including data management and reporting, of ‘‘(2) to achieve the goals established in the Chesa- agencies participating in protection and restoration of peake Bay Agreement.’’ the Chesapeake Bay. The Committee shall manage the NUTRIENT LOADING RESULTING FROM DREDGED development of strategies and program plans for the MATERIAL DISPOSAL watershed and ecosystem of the Chesapeake Bay and oversee their implementation. The Committee shall be Pub. L. 106–53, title IV, § 457, Aug. 17, 1999, 113 Stat. chaired by the Administrator of the Environmental 332, provided that: Protection Agency (EPA), or the Administrator’s des- ‘‘(a) STUDY.—The Secretary shall conduct a study of ignee, and include senior representatives of the Depart- nutrient loading that occurs as a result of discharges of ments of Agriculture (USDA), Commerce (DOC), De- dredged material into open-water sites in the Chesa- fense (DOD), Homeland Security (DHS), the Interior peake Bay. (DOI), Transportation (DOT), and such other agencies ‘‘(b) REPORT.—Not later than 18 months after the date as determined by the Committee. Representatives serv- of enactment of this Act [Aug. 17, 1999], the Secretary ing on the Committee shall be officers of the United shall submit to Congress a report on the results of the States. study.’’ SEC. 202. Reports on Key Challenges to Protecting and EX. ORD. NO. 13508. CHESAPEAKE BAY PROTECTION AND Restoring the Chesapeake Bay. Within 120 days from the RESTORATION date of this order, the agencies identified in this sec- tion as the lead agencies shall prepare and submit draft Ex. Ord. No. 13508, May 12, 2009, 74 F.R. 23099, pro- reports to the Committee making recommendations for vided: accomplishing the following steps to protect and re- By the authority vested in me as President by the store the Chesapeake Bay: Constitution and the laws of the United States of (a) define the next generation of tools and actions to America and in furtherance of the purposes of the restore water quality in the Chesapeake Bay and de- Clean Water Act of 1972, as amended (33 U.S.C. 1251 et scribe the changes to be made to regulations, programs, seq.), and other laws, and to protect and restore the and policies to implement these actions; health, heritage, natural resources, and social and eco- (b) target resources to better protect the Chesapeake nomic value of the Nation’s largest estuarine eco- Bay and its tributary waters, including resources under system and the natural sustainability of its watershed, the Food Security Act of 1985 as amended, the Clean it is hereby ordered as follows: Water Act, and other laws; § 1267 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 338

(c) strengthen storm water management practices at nated with actions by State and local agencies in the Federal facilities and on Federal lands within the watershed and that the resources, authorities, and ex- Chesapeake Bay watershed and develop storm water pertise of Federal, State, and local agencies are used as best practices guidance; efficiently as possible for the benefit of the Chesapeake (d) assess the impacts of a changing climate on the Bay’s water quality and ecosystem and habitat health Chesapeake Bay and develop a strategy for adapting and viability. natural resource programs and public infrastructure to SEC. 205. Annual Action Plan and Progress Report. Be- the impacts of a changing climate on water quality and ginning in 2010, the Committee shall publish an annual living resources of the Chesapeake Bay watershed; Chesapeake Bay Action Plan (Action Plan) describing (e) expand public access to waters and open spaces of how Federal funding proposed in the President’s Budget the Chesapeake Bay and its tributaries from Federal will be used to protect and restore the Chesapeake Bay lands and conserve landscapes and ecosystems of the during the upcoming fiscal year. This plan will be ac- Chesapeake Bay watershed; companied by an Annual Progress Report reviewing in- (f) strengthen scientific support for decisionmaking dicators of environmental conditions in the Chesapeake to restore the Chesapeake Bay and its watershed, in- Bay, assessing implementation of the Action Plan dur- cluding expanded environmental research and monitor- ing the preceding fiscal year, and recommending steps ing and observing systems; and to improve progress in restoring and protecting the (g) develop focused and coordinated habitat and re- Chesapeake Bay. The Committee shall consult with search activities that protect and restore living re- stakeholders (including relevant State agencies) and sources and water quality of the Chesapeake Bay and members of the public in developing the Action Plan its watershed. and Annual Progress Report. The EPA shall be the lead agency for subsection (a) SEC. 206. Strengthen Accountability. The Committee, in of this section and the development of the storm water collaboration with State agencies, shall ensure that an best practices guide under subsection (c). The USDA independent evaluator periodically reports to the Com- shall be the lead agency for subsection (b). The DOD mittee on progress toward meeting the goals of this shall lead on storm water management practices at order. The Committee shall ensure that all program Federal facilities and on Federal lands under sub- evaluation reports, including data on practice or sys- section (c). The DOI and the DOC shall share the lead tem implementation and maintenance funded through on subsections (d), (f), and (g), and the DOI shall be lead agency programs, as appropriate, are made available to on subsection (e). The lead agencies shall provide final the public by posting on a website maintained by the reports to the Committee within 180 days of the date of Chair of the Committee. this order. PART 3—RESTORE CHESAPEAKE BAY WATER QUALITY SEC. 203. Strategy for Protecting and Restoring the Chesapeake Bay. The Committee shall prepare and pub- SEC. 301. Water Pollution Control Strategies. In prepar- lish a strategy for coordinated implementation of ex- ing the report required by subsection 202(a) of this isting programs and projects to guide efforts to protect order, the Administrator of the EPA (Administrator) and restore the Chesapeake Bay. The strategy shall, to shall, after consulting with appropriate State agencies, the extent permitted by law: examine how to make full use of its authorities under (a) define environmental goals for the Chesapeake the Clean Water Act to protect and restore the Chesa- Bay and describe milestones for making progress to- peake Bay and its tributary waters and, as appropriate, ward attainment of these goals; shall consider revising any guidance and regulations. (b) identify key measureable indicators of environ- The Administrator shall identify pollution control mental condition and changes that are critical to effec- strategies and actions authorized by the EPA’s existing tive Federal leadership; authorities to restore the Chesapeake Bay that: (c) describe the specific programs and strategies to be (a) establish a clear path to meeting, as expeditiously implemented, including the programs and strategies as practicable, water quality and environmental res- described in draft reports developed under section 202 of toration goals for the Chesapeake Bay; this order; (b) are based on sound science and reflect adaptive (d) identify the mechanisms that will assure that management principles; governmental and other activities, including data col- (c) are performance oriented and publicly account- lection and distribution, are coordinated and effective, able; relying on existing mechanisms where appropriate; and (d) apply innovative and cost-effective pollution con- (e) describe a process for the implementation of trol measures; adaptive management principles, including a periodic (e) can be replicated in efforts to protect other bodies evaluation of protection and restoration activities. of water, where appropriate; and The Committee shall review the draft reports submit- (f) build on the strengths and expertise of Federal, ted by lead agencies under section 202 of this order and, State, and local governments, the private sector, and in consultation with relevant State agencies, suggest citizen organizations. SEC. 302. Elements of EPA Reports. The strategies and appropriate revisions to the agency that provided the actions identified by the Administrator of the EPA in draft report. It shall then integrate these reports into preparing the report under subsection 202(a) shall in- a coordinated strategy for restoration and protection of clude, to the extent permitted by law: the Chesapeake Bay consistent with the requirements (a) using Clean Water Act tools, including strength- of this order. Together with the final reports prepared ening existing permit programs and extending coverage by the lead agencies, the draft strategy shall be pub- where appropriate; lished for public review and comment within 180 days of (b) establishing new, minimum standards of perform- the date of this order and a final strategy shall be pub- ance where appropriate, including: lished within 1 year. To the extent practicable and au- (i) establishing a schedule for the implementation thorized under their existing authorities, agencies may of key actions in cooperation with States, local gov- begin implementing core elements of restoration and ernments, and others; protection programs and strategies, in consultation (ii) constructing watershed-based frameworks that with the Committee, as soon as possible and prior to re- assign pollution reduction responsibilities to pollu- lease of a final strategy. tion sources and maximize the reliability and cost-ef- SEC. 204. Collaboration with State Partners. In prepar- fectiveness of pollution reduction programs; and ing the reports under section 202 and the strategy under (iii) implementing a compliance and enforcement section 203, the lead agencies and the Committee shall strategy. consult extensively with the States of Virginia, Mary- land, Pennsylvania, West Virginia, New York, and PART 4—AGRICULTURAL PRACTICES TO PROTECT THE Delaware and the District of Columbia. The goal of this CHESAPEAKE BAY consultation is to ensure that Federal actions to pro- SEC. 401. In developing recommendations for focusing tect and restore the Chesapeake Bay are closely coordi- resources to protect the Chesapeake Bay in the report Page 339 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1267 required by subsection 202(b) of this order, the Sec- (vi) options for conserving these landscapes and retary of Agriculture shall, as appropriate, concentrate ecosystems. the USDA’s working lands and land retirement pro- (b) In developing the report addressing expanded pub- grams within priority watersheds in counties in the lic access on agency lands to the waters of the Chesa- Chesapeake Bay watershed. These programs should peake Bay and options for conserving landscapes and apply priority conservation practices that most effi- ecosystems in the Chesapeake Bay, as required in sub- ciently reduce nutrient and sediment loads to the section 202(e) of this order, the Secretary of the Inte- Chesapeake Bay, as identified by USDA and EPA data rior shall coordinate any recommendations with State and scientific analysis. The Secretary of Agriculture and local agencies in the watershed and programs such shall work with State agriculture and conservation as the Captain John Smith Chesapeake National His- agencies in developing the report. toric Trail, the Chesapeake Bay Gateways and Water- trails Network, and the Star-Spangled Banner National PART 5—REDUCE WATER POLLUTION FROM FEDERAL Historic Trail. LANDS AND FACILITIES

SEC. 501. Agencies with land, facilities, or installation PART 8—MONITORING AND DECISION SUPPORT FOR management responsibilities affecting ten or more ECOSYSTEM MANAGEMENT acres within the watershed of the Chesapeake Bay SEC. 801. The Secretaries of Commerce and the Inte- shall, as expeditiously as practicable and to the extent rior shall, to the extent permitted by law, organize and permitted by law, implement land management prac- conduct their monitoring, research, and scientific as- tices to protect the Chesapeake Bay and its tributary sessments to support decisionmaking for the Chesa- waters consistent with the report required by section peake Bay ecosystem and to develop the report address- 202 of this order and as described in guidance published ing strengthening environmental monitoring of the by the EPA under section 502. Chesapeake Bay and its watershed required in section SEC. 502. The Administrator of the EPA shall, within 202 of this order. This report will assess existing mon- 1 year of the date of this order and after consulting itoring programs and gaps in data collection, and shall with the Committee and providing for public review also include the following topics: and comment, publish guidance for Federal land man- (a) the health of fish and wildlife in the Chesapeake agement in the Chesapeake Bay watershed describing Bay watershed; proven, cost-effective tools and practices that reduce (b) factors affecting changes in water quality and water pollution, including practices that are available habitat conditions; and for use by Federal agencies. (c) using adaptive management to plan, monitor, evaluate, and adjust environmental management ac- PART 6—PROTECT CHESAPEAKE BAY AS THE CLIMATE tions. CHANGES

SEC. 601. The Secretaries of Commerce and the Inte- PART 9—LIVING RESOURCES PROTECTION AND rior shall, to the extent permitted by law, organize and RESTORATION conduct research and scientific assessments to support SEC. 901. The Secretaries of Commerce and the Inte- development of the strategy to adapt to climate change rior shall, to the extent permitted by law, identify and impacts on the Chesapeake Bay watershed as required prioritize critical living resources of the Chesapeake in section 202 of this order and to evaluate the impacts Bay and its watershed, conduct collaborative research of climate change on the Chesapeake Bay in future and habitat protection activities that address expected years. Such research should include assessment of: outcomes for these species, and develop a report ad- (a) the impact of sea level rise on the aquatic eco- dressing these topics as required in section 202 of this system of the Chesapeake Bay, including nutrient and order. The Secretaries of Commerce and the Interior sediment load contributions from stream banks and shall coordinate agency activities related to living re- shorelines; sources in estuarine waters to ensure maximum benefit (b) the impacts of increasing temperature, acidity, to the Chesapeake Bay resources. and salinity levels of waters in the Chesapeake Bay; (c) the impacts of changing rainfall levels and PART 10—EXCEPTIONS changes in rainfall intensity on water quality and aquatic life; SEC. 1001. The heads of agencies may authorize excep- (d) potential impacts of climate change on fish, wild- tions to this order, in the following circumstances: life, and their habitats in the Chesapeake Bay and its (a) during time of war or national emergency; watershed; and (b) when necessary for reasons of national security; (e) potential impacts of more severe storms on Chesa- (c) during emergencies posing an unacceptable threat peake Bay resources. to human health or safety or to the marine environ- ment and admitting of no other feasible solution; or PART 7—EXPAND PUBLIC ACCESS TO THE CHESAPEAKE (d) in any case that constitutes a danger to human BAY AND CONSERVE LANDSCAPES AND ECOSYSTEMS life or a real threat to vessels, aircraft, platforms, or other man-made structures at sea, such as cases of force SEC. 701. (a) Agencies participating in the Committee majeure caused by stress of weather or other act of God. shall assist the Secretary of the Interior in develop- ment of the report addressing expanded public access to PART 11—GENERAL PROVISIONS the waters of the Chesapeake Bay and conservation of landscapes and ecosystems required in subsection 202(e) SEC. 1101. (a) Nothing in this order shall be construed of this order by providing to the Secretary: to impair or otherwise affect: (i) a list and description of existing sites on agency (i) authority granted by law to a department, agen- lands and facilities where public access to the Chesa- cy, or the head thereof; or peake Bay or its tributary waters is offered; (ii) functions of the Director of the Office of Man- (ii) a description of options for expanding public ac- agement and Budget relating to budgetary, adminis- cess at these agency sites; trative, or legislative proposals. (iii) a description of agency sites where new oppor- (b) This order shall be implemented consistent with tunities for public access might be provided; applicable law and subject to the availability of appro- (iv) a description of safety and national security is- priations. sues related to expanded public access to Department (c) This order is not intended to, and does not, create of Defense installations; any right or benefit, substantive or procedural, enforce- (v) a description of landscapes and ecosystems in able at law or in equity, by any party against the the Chesapeake Bay watershed that merit recogni- United States, its departments, agencies, or entities, tion for their historical, cultural, ecological, or sci- its officers, employees, or agents, or any other person. entific values; and BARACK OBAMA. § 1268 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 340

§ 1268. Great Lakes atic and comprehensive ecosystem approach (a) Findings, purpose, and definitions to restoring and protecting the beneficial uses of the open waters of each of the Great (1) Findings Lakes, in accordance with article VI and The Congress finds that— Annex 2 of the Great Lakes Water Quality (A) the Great Lakes are a valuable na- Agreement; tional resource, continuously serving the (J) ‘‘Remedial Action Plan’’ means a writ- people of the United States and other na- ten document which embodies a systematic tions as an important source of food, fresh and comprehensive ecosystem approach to water, recreation, beauty, and enjoyment; restoring and protecting the beneficial uses (B) the United States should seek to attain of areas of concern, in accordance with arti- the goals embodied in the Great Lakes cle VI and Annex 2 of the Great Lakes Water Water Quality Agreement of 1978, as amend- Quality Agreement; ed by the Water Quality Agreement of 1987 (K) ‘‘site characterization’’ means a proc- and any other agreements and amendments, ess for monitoring and evaluating the nature with particular emphasis on goals related to and extent of sediment contamination in ac- toxic pollutants; and cordance with the Environmental Protection (C) the Environmental Protection Agency Agency’s guidance for the assessment of con- should take the lead in the effort to meet taminated sediment in an area of concern lo- those goals, working with other Federal cated wholly or partially within the United agencies and State and local authorities. States; and (2) Purpose (L) ‘‘potentially responsible party’’ means It is the purpose of this section to achieve an individual or entity that may be liable the goals embodied in the Great Lakes Water under any Federal or State authority that is Quality Agreement of 1978, as amended by the being used or may be used to facilitate the Water Quality Agreement of 1987 and any cleanup and protection of the Great Lakes. other agreements and amendments, through (b) Great Lakes National Program Office improved organization and definition of mis- The Great Lakes National Program Office sion on the part of the Agency, funding of (previously established by the Administrator) is State grants for pollution control in the Great hereby established within the Agency. The Pro- Lakes area, and improved accountability for gram Office shall be headed by a Director who, implementation of such agreement. by reason of management experience and tech- (3) Definitions nical expertise relating to the Great Lakes, is For purposes of this section, the term— highly qualified to direct the development of (A) ‘‘Agency’’ means the Environmental programs and plans on a variety of Great Lakes Protection Agency; issues. The Great Lakes National Program Of- (B) ‘‘Great Lakes’’ means Lake Ontario, fice shall be located in a Great Lakes State. Lake Erie, Lake Huron (including Lake St. (c) Great Lakes management Clair), Lake Michigan, and Lake Superior, (1) Functions and the connecting channels (Saint Mary’s River, Saint Clair River, Detroit River, Ni- The Program Office shall— agara River, and Saint Lawrence River to (A) in cooperation with appropriate Fed- the Canadian Border); eral, State, tribal, and international agen- (C) ‘‘Great Lakes System’’ means all the cies, and in accordance with section 1251(e) streams, rivers, lakes, and other bodies of of this title, develop and implement specific water within the drainage basin of the Great action plans to carry out the responsibilities Lakes; of the United States under the Great Lakes (D) ‘‘Program Office’’ means the Great Water Quality Agreement of 1978, as amend- Lakes National Program Office established ed by the Water Quality Agreement of 1987 by this section; and any other agreements and amend- (E) ‘‘Research Office’’ means the Great ments,; 1 Lakes Research Office established by sub- (B) establish a Great Lakes system-wide section (d) of this section; surveillance network to monitor the water (F) ‘‘area of concern’’ means a geographic quality of the Great Lakes, with specific em- area located within the Great Lakes, in phasis on the monitoring of toxic pollutants; which beneficial uses are impaired and (C) serve as the liaison with, and provide which has been officially designated as such information to, the Canadian members of under Annex 2 of the Great Lakes Water the International Joint Commission and the Quality Agreement; Canadian counterpart to the Agency; (G) ‘‘Great Lakes States’’ means the (D) coordinate actions of the Agency (in- States of Illinois, Indiana, Michigan, Min- cluding actions by headquarters and re- nesota, New York, Ohio, Pennsylvania, and gional offices thereof) aimed at improving Wisconsin; Great Lakes water quality; and (H) ‘‘Great Lakes Water Quality Agree- (E) coordinate actions of the Agency with ment’’ means the bilateral agreement, be- the actions of other Federal agencies and tween the United States and Canada which State and local authorities, so as to ensure was signed in 1978 and amended by the Pro- the input of those agencies and authorities tocol of 1987; in developing water quality strategies and (I) ‘‘Lakewide Management Plan’’ means a written document which embodies a system- 1 So in original. Page 341 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1268

obtain the support of those agencies and au- sure that the Great Lakes State in which such thorities in achieving the objectives of such area of concern is located submits such Plan agreement. to the Program Office within two years of the (2) Great Lakes water quality guidance area’s designation, submits it to the Inter- national Joint Commission no later than six (A) By June 30, 1991, the Administrator, months after submitting it to the Program Of- after consultation with the Program Office, fice, and includes such Plan in the State’s shall publish in the Federal Register for public water quality plan no later than one year after notice and comment proposed water quality submitting it to the Commission; and (ii) if guidance for the Great Lakes System. Such Canada has agreed to draft the Remedial Ac- guidance shall conform with the objectives tion Plan, work with Canada, pursuant to sub- and provisions of the Great Lakes Water Qual- paragraph (c)(1)(C) of this section, to ensure ity Agreement, shall be no less restrictive the submission of such Plan to the Inter- than the provisions of this chapter and na- national Joint Commission within two years tional water quality criteria and guidance, of the area’s designation and the finalization shall specify numerical limits on pollutants in of such Plan no later than eighteen months ambient Great Lakes waters to protect human after submitting it to such Commission. health, aquatic life, and wildlife, and shall (D) The Program Office shall compile formal provide guidance to the Great Lakes States on comments on individual Remedial Action minimum water quality standards, anti- Plans made by the International Joint Com- degradation policies, and implementation pro- mission pursuant to section 4(d) of Annex 2 of cedures for the Great Lakes System. the Great Lakes Water Quality Agreement (B) By June 30, 1992, the Administrator, in and, upon request by a member of the public, consultation with the Program Office, shall shall make such comments available for in- publish in the Federal Register, pursuant to spection and copying. The Program Office this section and the Administrator’s authority shall also make available, upon request, for- under this chapter, final water quality guid- mal comments made by the Environmental ance for the Great Lakes System. Protection Agency on individual Remedial Ac- (C) Within two years after such Great Lakes tion Plans. guidance is published, the Great Lakes States (E) REPORT.—Not later than 1 year after No- shall adopt water quality standards, anti- vember 27, 2002, the Administrator shall sub- degradation policies, and implementation pro- mit to Congress a report on such actions, time cedures for waters within the Great Lakes periods, and resources as are necessary to ful- System which are consistent with such guid- fill the duties of the Agency relating to over- ance. If a Great Lakes State fails to adopt sight of Remedial Action Plans under— such standards, policies, and procedures, the (i) this paragraph; and Administrator shall promulgate them not (ii) the Great Lakes Water Quality Agree- later than the end of such two-year period. ment. When reviewing any Great Lakes State’s water quality plan, the agency shall consider (4) Lakewide Management Plans the extent to which the State has complied The Administrator, in consultation with the with the Great Lakes guidance issued pursu- Program Office shall— ant to this section. (A) by January 1, 1992, publish in the Fed- (3) Remedial Action Plans eral Register a proposed Lakewide Manage- ment Plan for Lake Michigan and solicit (A) For each area of concern for which the public comments; United States has agreed to draft a Remedial (B) by January 1, 1993, submit a proposed Action Plan, the Program Office shall ensure Lakewide Management Plan for Lake Michi- that the Great Lakes State in which such area gan to the International Joint Commission of concern is located— for review; and (i) submits a Remedial Action Plan to the (C) by January 1, 1994, publish in the Fed- Program Office by June 30, 1991; eral Register a final Lakewide Management (ii) submits such Remedial Action Plan to Plan for Lake Michigan and begin imple- the International Joint Commission by Jan- mentation. uary 1, 1992; and (iii) includes such Remedial Action Plans Nothing in this subparagraph shall preclude within the State’s water quality plan by the simultaneous development of Lakewide January 1, 1993. Management Plans for the other Great Lakes. (B) For each area of concern for which Can- (5) Spills of oil and hazardous materials ada has agreed to draft a Remedial Action The Program Office, in consultation with Plan, the Program Office shall, pursuant to the Coast Guard, shall identify areas within subparagraph (c)(1)(C) of this section, work the Great Lakes which are likely to experi- with Canada to assure the submission of such ence numerous or voluminous spills of oil or Remedial Action Plans to the International other hazardous materials from land based fa- Joint Commission by June 30, 1991, and to fi- cilities, vessels, or other sources and, in con- nalize such Remedial Action Plans by January sultation with the Great Lakes States, shall 1, 1993. identify weaknesses in Federal and State pro- (C) For any area of concern designated as grams and systems to prevent and respond to such subsequent to November 16, 1990, the Pro- such spills. This information shall be included gram Office shall (i) if the United States has on at least a biennial basis in the report re- agreed to draft the Remedial Action Plan, en- quired by this section. § 1268 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 342

(6) 5-year plan and program funding request for the Program Office as a The Program Office shall develop, in con- separate budget line item. sultation with the States, a five-year plan and (10) Comprehensive report program for reducing the amount of nutrients Within 90 days after the end of each fiscal introduced into the Great Lakes. Such pro- year, the Administrator shall submit to Con- gram shall incorporate any management pro- gress a comprehensive report which— gram for reducing nutrient runoff from (A) describes the achievements in the pre- nonpoint sources established under section ceding fiscal year in implementing the Great 1329 of this title and shall include a program Lakes Water Quality Agreement of 1978, as for monitoring nutrient runoff into, and ambi- amended by the Water Quality Agreement of ent levels in, the Great Lakes. 1987 and any other agreements and amend- (7) 5-year study and demonstration projects ments, and shows by categories (including (A) The Program Office shall carry out a judicial enforcement, research, State coop- five-year study and demonstration projects re- erative efforts, and general administration) lating to the control and removal of toxic pol- the amounts expended on Great Lakes water lutants in the Great Lakes, with emphasis on quality initiatives in such preceding fiscal the removal of toxic pollutants from bottom year; sediments. In selecting locations for conduct- (B) describes the progress made in such ing demonstration projects under this para- preceding fiscal year in implementing the graph, priority consideration shall be given to system of surveillance of the water quality projects at the following locations: Saginaw in the Great Lakes System, including the Bay, Michigan; Sheboygan Harbor, Wisconsin; monitoring of groundwater and sediment, Grand Calumet River, Indiana; Ashtabula with particular reference to toxic pollut- River, Ohio; and Buffalo River, New York. ants; (B) The Program Office shall— (C) describes the long-term prospects for (i) by December 31, 1990, complete chemi- improving the condition of the Great Lakes; cal, physical, and biological assessments of and the contaminated sediments at the locations (D) provides a comprehensive assessment selected for the study and demonstration of the planned efforts to be pursued in the projects; succeeding fiscal year for implementing the (ii) by December 31, 1990, announce the Great Lakes Water Quality Agreement of technologies that will be demonstrated at 1978, as amended by the Water Quality each location and the numerical standard of Agreement of 1987 and any other agreements protection intended to be achieved at each and amendments,,1 which assessment shall— location; (iii) by December 31, 1992, complete full or (i) show by categories (including judicial pilot scale demonstration projects on site at enforcement, research, State cooperative each location of promising technologies to efforts, and general administration) the remedy contaminated sediments; and amount anticipated to be expended on (iv) by December 31, 1993, issue a final re- Great Lakes water quality initiatives in port to Congress on its findings. the fiscal year to which the assessment re- lates; and (C) The Administrator, after providing for (ii) include a report of current programs public review and comment, shall publish in- administered by other Federal agencies formation concerning the public health and which make available resources to the environmental consequences of contaminants Great Lakes water quality management in Great Lakes sediment. Information pub- efforts. lished pursuant to this subparagraph shall in- clude specific numerical limits to protect (11) Confined disposal facilities health, aquatic life, and wildlife from the bio- (A) The Administrator, in consultation with accumulation of toxins. The Administrator the Assistant Secretary of the Army for Civil shall, at a minimum, publish information pur- Works, shall develop and implement, within suant to this subparagraph within 2 years of one year of November 16, 1990, management November 16, 1990. plans for every Great Lakes confined disposal (8) Administrator’s responsibility facility. The Administrator shall ensure that the (B) The plan shall provide for monitoring of Program Office enters into agreements with such facilities, including— the various organizational elements of the (i) water quality at the site and in the area Agency involved in Great Lakes activities and of the site; the appropriate State agencies specifically de- (ii) sediment quality at the site and in the lineating— area of the site; (A) the duties and responsibilities of each (iii) the diversity, productivity, and stabil- such element in the Agency with respect to ity of aquatic organisms at the site and in the Great Lakes; the area of the site; and (B) the time periods for carrying out such (iv) such other conditions as the Adminis- duties and responsibilities; and trator deems appropriate. (C) the resources to be committed to such (C) The plan shall identify the anticipated duties and responsibilities. use and management of the site over the fol- (9) Budget item lowing twenty-year period including the ex- The Administrator shall, in the Agency’s an- pected termination of dumping at the site, the nual budget submission to Congress, include a anticipated need for site management, includ- Page 343 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1268

ing pollution control, following the termi- its responsibilities and requirements for nation of the use of the site. the project; or (D) The plan shall identify a schedule for re- (iv) unless the Administrator provides view and revision of the plan which shall not assurance that the Agency has conducted a be less frequent than five years after adoption reasonable inquiry to identify potentially of the plan and every five years thereafter. responsible parties connected with the (12) Remediation of sediment contamination in site. areas of concern (E) Non-Federal share (A) In general (i) In general In accordance with this paragraph, the Ad- The non-Federal share of the cost of a ministrator, acting through the Program Of- project carried out under this paragraph fice, may carry out projects that meet the shall be at least 35 percent. requirements of subparagraph (B). (ii) In-kind contributions (B) Eligible projects (I) In general A project meets the requirements of this The non-Federal share of the cost of a subparagraph if the project is to be carried project carried out under this paragraph out in an area of concern located wholly or may include the value of an in-kind con- partially in the United States and the tribution provided by a non-Federal project— sponsor. (i) monitors or evaluates contaminated (II) Credit sediment; A project agreement described in sub- (ii) subject to subparagraph (D), imple- paragraph (D)(iii) may provide, with re- ments a plan to remediate contaminated spect to a project, that the Adminis- sediment, including activities to restore trator shall credit toward the non-Fed- aquatic habitat that are carried out in eral share of the cost of the project the conjunction with a project for the remedi- value of an in-kind contribution made by ation of contaminated sediment; or the non-Federal sponsor, if the Adminis- (iii) prevents further or renewed con- trator determines that the material or tamination of sediment. service provided as the in-kind contribu- (C) Priority tion is integral to the project. In selecting projects to carry out under (III) Work performed before project this paragraph, the Administrator shall give agreement priority to a project that— In any case in which a non-Federal (i) constitutes remedial action for con- sponsor is to receive credit under sub- taminated sediment; clause (II) for the cost of work carried (ii)(I) has been identified in a Remedial out by the non-Federal sponsor and such Action Plan submitted under paragraph work has not been carried out by the (3); and non-Federal sponsor as of October 8, 2008, (II) is ready to be implemented; the Administrator and the non-Federal (iii) will use an innovative approach, sponsor shall enter into an agreement technology, or technique that may provide under which the non-Federal sponsor greater environmental benefits, or equiva- shall carry out such work, and only work lent environmental benefits at a reduced carried out following the execution of cost; or the agreement shall be eligible for cred- (iv) includes remediation to be com- it. menced not later than 1 year after the date (IV) Limitation of receipt of funds for the project. Credit authorized under this clause for (D) Limitations a project carried out under this para- The Administrator may not carry out a graph— project under this paragraph for remediation (aa) shall not exceed the non-Federal of contaminated sediments located in an share of the cost of the project; and area of concern— (bb) shall not exceed the actual and (i) if an evaluation of remedial alter- reasonable costs of the materials and natives for the area of concern has not services provided by the non-Federal been conducted, including a review of the sponsor, as determined by the Admin- short-term and long-term effects of the al- istrator. ternatives on human health and the envi- (V) Inclusion of certain contributions ronment; In this subparagraph, the term ‘‘in- (ii) if the Administrator determines that kind contribution’’ may include the the area of concern is likely to suffer sig- costs of planning (including data collec- nificant further or renewed contamination tion), design, construction, and mate- from existing sources of pollutants causing rials that are provided by the non-Fed- sediment contamination following comple- eral sponsor for implementation of a tion of the project; project under this paragraph. (iii) unless each non-Federal sponsor for the project has entered into a written (iii) Treatment of credit between projects project agreement with the Administrator Any credit provided under this subpara- under which the party agrees to carry out graph towards the non-Federal share of the § 1268 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 344

cost of a project carried out under this States, Indian tribes, local governments, and paragraph may be applied towards the non- other entities, may carry out a public infor- Federal share of the cost of any other mation program to provide information re- project carried out under this paragraph lating to the remediation of contaminated by the same non-Federal sponsor for a site sediment to the public in areas of concern within the same area of concern. that are located wholly or partially in the (iv) Non-Federal share United States. The non-Federal share of the cost of a (B) Authorization of appropriations project carried out under this paragraph— There is authorized to be appropriated to (I) may include monies paid pursuant carry out this paragraph $1,000,000 for each to, or the value of any in-kind contribu- of fiscal years 2004 through 2010. tion performed under, an administrative (d) Great Lakes research order on consent or judicial consent de- (1) Establishment of Research Office cree; but (II) may not include any funds paid There is established within the National pursuant to, or the value of any in-kind Oceanic and Atmospheric Administration the contribution performed under, a unilat- Great Lakes Research Office. eral administrative order or court order. (2) Identification of issues (v) Operation and maintenance The Research Office shall identify issues re- The non-Federal share of the cost of the lating to the Great Lakes resources on which operation and maintenance of a project research is needed. The Research Office shall carried out under this paragraph shall be submit a report to Congress on such issues be- 100 percent. fore the end of each fiscal year which shall identify any changes in the Great Lakes sys- (F) Site characterization tem 2 with respect to such issues. (i) In general (3) Inventory The Administrator, in consultation with The Research Office shall identify and inven- any affected State or unit of local govern- tory Federal, State, university, and tribal en- ment, shall carry out at Federal expense vironmental research programs (and, to the the site characterization of a project under extent feasible, those of private organizations this paragraph for the remediation of con- and other nations) relating to the Great Lakes taminated sediment. system,2 and shall update that inventory every (ii) Limitation four years. For purposes of clause (i), the Adminis- (4) Research exchange trator may carry out one site assessment The Research Office shall establish a Great per discrete site within a project at Fed- Lakes research exchange for the purpose of fa- eral expense. cilitating the rapid identification, acquisition, (G) Coordination retrieval, dissemination, and use of informa- tion concerning research projects which are In carrying out projects under this para- ongoing or completed and which affect the graph, the Administrator shall coordinate Great Lakes System. with the Secretary of the Army, and with the Governors of States in which the (5) Research program projects are located, to ensure that Federal The Research Office shall develop, in co- and State assistance for remediation in operation with the Coordination Office, a com- areas of concern is used as efficiently as prehensive environmental research program practicable. and data base for the Great Lakes system.2 (H) Authorization of appropriations The data base shall include, but not be limited to, data relating to water quality, fisheries, (i) In general and biota. In addition to other amounts authorized (6) Monitoring under this section, there is authorized to be appropriated to carry out this para- The Research Office shall conduct, through graph $50,000,000 for each of fiscal years the Great Lakes Environmental Research Lab- 2004 through 2010. oratory, the National Sea Grant College pro- gram, other Federal laboratories, and the pri- (ii) Availability vate sector, appropriate research and monitor- Funds made available under clause (i) ing activities which address priority issues shall remain available until expended. and current needs relating to the Great Lakes. (iii) Allocation of funds (7) Location Not more than 20 percent of the funds The Research Office shall be located in a appropriated pursuant to clause (i) for a Great Lakes State. fiscal year may be used to carry out sub- (e) Research and management coordination paragraph (F). (1) Joint plan (13) Public information program Before October 1 of each year, the Program (A) In general Office and the Research Office shall prepare a The Administrator, acting through the Program Office and in coordination with 2 So in original. Probably should be capitalized. Page 345 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1268

joint research plan for the fiscal year which national body created by treaty with author- begins in the following calendar year. ity relating to the Great Lakes; or (2) Contents of plan (2) to affect any other Federal or State au- thority that is being used or may be used to Each plan prepared under paragraph (1) facilitate the cleanup and protection of the shall— Great Lakes. (A) identify all proposed research dedi- cated to activities conducted under the (h) Authorizations of Great Lakes appropriations Great Lakes Water Quality Agreement of There are authorized to be appropriated to the 1978, as amended by the Water Quality Administrator to carry out this section not to Agreement of 1987 and any other agreements exceed— and amendments,; 3 (1) $11,000,000 per fiscal year for the fiscal (B) include the Agency’s assessment of pri- years 1987, 1988, 1989, and 1990, and $25,000,000 orities for research needed to fulfill the for fiscal year 1991; terms of such Agreement; and (2) such sums as are necessary for each of fis- (C) identify all proposed research that may cal years 1992 through 2003; and be used to develop a comprehensive environ- (3) $25,000,000 for each of fiscal years 2004 mental data base for the Great Lakes Sys- through 2008. tem and establish priorities for development (June 30, 1948, ch. 758, title I, § 118, as added Pub. of such data base. L. 100–4, title I, § 104, Feb. 4, 1987, 101 Stat. 11; (3) Health research report amended Pub. L. 100–688, title I, § 1008, Nov. 18, (A) Not later than September 30, 1994, the 1988, 102 Stat. 4151; Pub. L. 101–596, title I, Program Office, in consultation with the Re- §§ 101–106, Nov. 16, 1990, 104 Stat. 3000–3004; Pub. search Office, the Agency for Toxic Substances L. 107–303, title I, §§ 102–105, Nov. 27, 2002, 116 and Disease Registry, and Great Lakes States Stat. 2355–2358; Pub. L. 110–365, §§ 2, 3, Oct. 8, shall submit to the Congress a report assessing 2008, 122 Stat. 4021.) the adverse effects of water pollutants in the CODIFICATION Great Lakes System on the health of persons November 16, 1990, referred to in subsec. (c)(3)(C), in Great Lakes States and the health of fish, (7)(C), was in the original ‘‘the enactment of this Act’’, shellfish, and wildlife in the Great Lakes Sys- and ‘‘the date of the enactment of this title’’ which tem. In conducting research in support of this were translated as meaning the date of enactment of report, the Administrator may, where appro- Pub. L. 101–596, title I of which enacted subsec. (c)(3), priate, provide for research to be conducted (7)(C), to reflect the probable intent of Congress. under cooperative agreements with Great AMENDMENTS Lakes States. (B) There is authorized to be appropriated to 2008—Subsec. (a)(3)(K), (L). Pub. L. 110–365, § 2, added the Administrator to carry out this section subpars. (K) and (L). Subsec. (c)(12)(B)(ii). Pub. L. 110–365, § 3(a), sub- not to exceed $3,000,000 for each of fiscal years stituted ‘‘sediment, including activities to restore 1992, 1993, and 1994. aquatic habitat that are carried out in conjunction (f) Interagency cooperation with a project for the remediation of contaminated sediment’’ for ‘‘sediment’’. The head of each department, agency, or other Subsec. (c)(12)(D). Pub. L. 110–365, § 3(b)(1), substituted instrumentality of the Federal Government ‘‘Limitations’’ for ‘‘Limitation’’ in heading. which is engaged in, is concerned with, or has Subsec. (c)(12)(D)(iii), (iv). Pub. L. 110–365, § 3(b)(2)–(4), authority over programs relating to research, added cls. (iii) and (iv). monitoring, and planning to maintain, enhance, Subsec. (c)(12)(E)(ii). Pub. L. 110–365, § 3(c), amended preserve, or rehabilitate the environmental cl. (ii) generally. Prior to amendment, text read as fol- quality and natural resources of the Great lows: ‘‘The non-Federal share of the cost of a project Lakes, including the Chief of Engineers of the carried out under this paragraph may include the value of in-kind services contributed by a non-Federal spon- Army, the Chief of the Soil Conservation Serv- sor.’’ ice, the Commandant of the Coast Guard, the Subsec. (c)(12)(E)(iii). Pub. L. 110–365, § 3(d)(2), added Director of the Fish and Wildlife Service, and cl. (iii). Former cl. (iii) redesignated (iv). the Administrator of the National Oceanic and Subsec. (c)(12)(E)(iv). Pub. L. 110–365, § 3(d)(1), (3), re- Atmospheric Administration, shall submit an designated cl. (iii) as (iv) and substituted ‘‘contribu- annual report to the Administrator with respect tion’’ for ‘‘service’’ in two places. Former cl. (iv) redes- to the activities of that agency or office affect- ignated (v). ing compliance with the Great Lakes Water Subsec. (c)(12)(E)(v). Pub. L. 110–365, § 3(d)(1), redesig- nated cl. (iv) as (v). Quality Agreement of 1978, as amended by the Subsec. (c)(12)(F). Pub. L. 110–365, § 3(e), amended sub- Water Quality Agreement of 1987 and any other par. (F) generally. Prior to amendment, text read as agreements and amendments,.3 follows: ‘‘The Administrator may not carry out a (g) Relationship to existing Federal and State project under this paragraph unless the non-Federal laws and international treaties sponsor enters into such agreements with the Adminis- trator as the Administrator may require to ensure that Nothing in this section shall be construed— the non-Federal sponsor will maintain its aggregate ex- (1) to affect the jurisdiction, powers, or pre- penditures from all other sources for remediation pro- rogatives of any department, agency, or offi- grams in the area of concern in which the project is lo- cer of the Federal Government or of any State cated at or above the average level of such expendi- government, or of any tribe, nor any powers, tures in the 2 fiscal years preceding the date on which the project is initiated.’’ jurisdiction, or prerogatives of any inter- Subsec. (c)(12)(H)(i). Pub. L. 110–365, § 3(f)(1), added cl. (i) and struck out former cl. (i). Prior to amendment, 3 So in original. text read as follows: ‘‘In addition to other amounts au- § 1268 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 346 thorized under this section, there is authorized to be 11, 2000, 114 Stat. 2613; Pub. L. 110–114, title V, § 5012, appropriated to carry out this paragraph $50,000,000 for Nov. 8, 2007, 121 Stat. 1195, provided that: each of fiscal years 2004 through 2008.’’ ‘‘(a) GREAT LAKES REMEDIAL ACTION PLANS.— Subsec. (c)(12)(H)(iii). Pub. L. 110–365, § 3(f)(2), added ‘‘(1) IN GENERAL.—The Secretary may provide tech- cl. (iii). nical, planning, and engineering assistance to State Subsec. (c)(13)(B). Pub. L. 110–365, § 3(g), substituted and local governments and nongovernmental entities ‘‘2010’’ for ‘‘2008’’. designated by a State or local government in the de- 2002—Subsec. (c)(3)(E). Pub. L. 107–303, § 102, added velopment and implementation of remedial action subpar. (E). plans for Areas of Concern in the Great Lakes identi- Subsec. (c)(12), (13). Pub. L. 107–303, § 103, added pars. fied under the Great Lakes Water Quality Agreement (12) and (13). of 1978. Subsec. (g). Pub. L. 107–303, § 104, substituted ‘‘con- ‘‘(2) NON-FEDERAL SHARE.— strued—’’ for ‘‘construed to affect’’, inserted ‘‘(1) to af- ‘‘(A) IN GENERAL.—Non-Federal interests shall fect’’ before ‘‘the jurisdiction’’, substituted ‘‘Lakes; or’’ contribute, in cash or by providing in-kind con- for ‘‘Lakes.’’, and added par. (2). tributions, 35 percent of costs of activities for Subsec. (h). Pub. L. 107–303, § 105, substituted ‘‘not to which assistance is provided under paragraph (1). exceed—’’ for ‘‘not to exceed $11,000,000’’, inserted ‘‘(1) ‘‘(B) CONTRIBUTIONS BY ENTITIES.—Nonprofit pub- $11,000,000’’ before ‘‘per fiscal year for’’, substituted lic or private entities may contribute all or a por- ‘‘1991;’’ for ‘‘1991.’’, added pars. (2) and (3), and struck tion of the non-Federal share. out former last sentence which read as follows: ‘‘Of the ‘‘(b) SEDIMENT REMEDIATION PROJECTS.— amounts appropriated each fiscal year— ‘‘(1) IN GENERAL.—The Secretary, in consultation ‘‘(1) 40 percent shall be used by the Great Lakes Na- with the Administrator of the Environmental Protec- tional Program Office on demonstration projects on tion Agency (acting through the Great Lakes Na- the feasibility of controlling and removing toxic pol- tional Program Office), may conduct pilot- and full- lutants; scale projects of promising technologies to remediate ‘‘(2) 7 percent shall be used by the Great Lakes Na- contaminated sediments in freshwater coastal re- tional Program Office for the program of nutrient gions in the Great Lakes basin. The Secretary shall monitoring; and conduct not fewer than 3 full-scale projects under ‘‘(3) 30 percent or $3,300,000, whichever is the lesser, this subsection. shall be transferred to the National Oceanic and At- ‘‘(2) SITE SELECTION FOR PROJECTS.—In selecting the mospheric Administration for use by the Great Lakes sites for the technology projects, the Secretary shall Research Office.’’ give priority consideration to Saginaw Bay, Michi- 1990—Subsec. (a)(3)(F) to (J). Pub. L. 101–596, § 103, gan, Sheboygan Harbor, Wisconsin, Grand Calumet added subpars. (F) to (J). River, Indiana, Ashtabula River, Ohio, Buffalo River, Subsec. (c)(2) to (11). Pub. L. 101–596, §§ 101, 102, 104, New York, and Duluth-Superior Harbor, Minnesota added pars. (2) to (5) after par. (1) and renumbered ex- and Wisconsin. ‘‘(3) NON-FEDERAL SHARE.—Non-Federal interests isting paragraphs accordingly, which was executed by shall contribute 35 percent of costs of projects under renumbering pars. (2) to (6) as (6) to (10), respectively, this subsection. Such costs may be paid in cash or by redesignated existing provisions of par. (7) as subpar. providing in-kind contributions. (A) and added subpars. (B) and (C), and added par. (11). ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is au- Subsec. (e)(3). Pub. L. 101–596, § 106, added par. (3). thorized to be appropriated to the Secretary to carry Subsec. (h). Pub. L. 101–596, § 105, substituted ‘‘and out this section $10,000,000 for each of fiscal years 2001 1990, and $25,000,000 for fiscal year 1991’’ for ‘‘1990, and through 2012.’’ 1991’’ in introductory provisions and inserted ‘‘or $3,300,000, whichever is the lesser,’’ after ‘‘30 percent’’ in EX. ORD. NO. 13340. ESTABLISHMENT OF GREAT LAKES par. (3). INTERAGENCY TASK FORCE AND PROMOTION OF A RE- 1988—Subsecs. (a)(1)(B), (2), (c)(1)(A), (6)(A), (D), GIONAL COLLABORATION OF NATIONAL SIGNIFICANCE FOR (e)(2)(A), (f). Pub. L. 100–688 inserted ‘‘, as amended by THE GREAT LAKES the Water Quality Agreement of 1987 and any other Ex. Ord. No. 13340, May 18, 2004, 69 F.R. 29043, pro- agreements and amendments,’’ after ‘‘the Great Lakes vided: Water Quality Agreement of 1978’’. By the authority vested in me as President by the TRANSFER OF FUNCTIONS Constitution and the laws of the United States of America, and to help establish a regional collaboration For transfer of authorities, functions, personnel, and of national significance for the Great Lakes, it is here- assets of the Coast Guard, including the authorities by ordered as follows: and functions of the Secretary of Transportation relat- SECTION 1. Policy. The Great Lakes are a national ing thereto, to the Department of Homeland Security, treasure constituting the largest freshwater system in and for treatment of related references, see sections the world. The United States and Canada have made 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- great progress addressing past and current environ- rity, and the Department of Homeland Security Reor- mental impacts to the Great Lakes ecology. The Fed- ganization Plan of November 25, 2002, as modified, set eral Government is committed to making progress on out as a note under section 542 of Title 6. the many significant challenges that remain. Along with numerous State, tribal, and local programs, over FUNDS CONTRIBUTED BY A NON-FEDERAL SPONSOR 140 Federal programs help fund and implement environ- Pub. L. 108–447, div. I, title III, Dec. 8, 2004, 118 Stat. mental restoration and management activities 3332, provided in part that: ‘‘The Administrator [of the throughout the Great Lakes system. A number of inter- Environmental Protection Agency] may hereafter re- governmental bodies are providing leadership in the re- ceive and use funds contributed by a non-Federal spon- gion to address environmental and resource manage- sor as its share of the cost of a project to carry out a ment issues in the Great Lakes system. These activi- project under paragraph (c)(12) of section 118 of the ties would benefit substantially from more systematic Federal Water Pollution Control Act [33 U.S.C. collaboration and better integration of effort. It is the 1268(c)(12)], as amended.’’ policy of the Federal Government to support local and regional efforts to address environmental challenges GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT and to encourage local citizen and community steward- REMEDIATION ship. To this end, the Federal Government will partner Pub. L. 101–640, title IV, § 401, Nov. 28, 1990, 104 Stat. with the Great Lakes States, tribal and local govern- 4644, as amended by Pub. L. 104–303, title V, § 515, Oct. ments, communities, and other interests to establish a 12, 1996, 110 Stat. 3763; Pub. L. 106–53, title V, § 505, Aug. regional collaboration to address nationally significant 17, 1999, 113 Stat. 338; Pub. L. 106–541, title III, § 344, Dec. environmental and natural resource issues involving Page 347 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1269 the Great Lakes. It is the further policy of the Federal Force functions of the member, any person who is Government that its executive departments and agen- part of the member’s department, agency, or office cies will ensure that their programs are funding effec- and who is either an officer of the United States ap- tive, coordinated, and environmentally sound activities pointed by the President or a full-time employee in the Great Lakes system. serving in a position with pay equal to or greater SEC. 2. Definitions. For purposes of this order: than the minimum rate payable for GS–15 of the Gen- (a) ‘‘Great Lakes’’ means Lake Ontario, Lake Erie, eral Schedule. The Task Force shall report to the Lake Huron (including Lake Saint Clair), Lake Michi- President through the Chairman of the Council on gan, and Lake Superior, and the connecting channels Environmental Quality. (Saint Marys River, Saint Clair River, Detroit River, (ii) The Task Force shall establish a ‘‘Great Lakes Niagara River, and Saint Lawrence River to the Cana- Regional Working Group’’ (Working Group) composed dian Border). of the appropriate regional administrator or director (b) ‘‘Great Lakes system’’ means all the streams, riv- with programmatic responsibility for the Great ers, lakes, and other bodies of water within the drain- Lakes system for each agency represented on the age basin of the Great Lakes. Task Force including: the Great Lakes National Pro- SEC. 3. Great Lakes Interagency Task Force. gram Office of the Environmental Protection Agency; (a) Task Force Purpose. To further the policy de- the United States Fish and Wildlife Service, National scribed in section 1 of this order, there is established, Park Service, and United States Geological Survey within the Environmental Protection Agency for ad- within the Department of the Interior; the Natural ministrative purposes, the ‘‘Great Lakes Interagency Resources Conservation Service and the Forest Serv- Task Force’’ (Task Force) to: ice of the Department of Agriculture; the National (i) Help convene and establish a process for collabo- Oceanic and Atmospheric Administration of the De- ration among the members of the Task Force and the partment of Commerce; the Department of Housing members of the Working Group that is established in and Urban Development; the Department of Trans- paragraph b(ii) of this section, with the Great Lakes portation; the Coast Guard within the Department of States, local communities, tribes, regional bodies, Homeland Security; and the Army Corps of Engineers and other interests in the Great Lakes region regard- within the Department of the Army. The Working ing policies, strategies, plans, programs, projects, ac- Group will coordinate and make recommendations on tivities, and priorities for the Great Lakes system. how to implement the policies, strategies, projects, (ii) Collaborate with Canada and its provinces and and priorities of the Task Force. with bi-national bodies involved in the Great Lakes (c) Management Principles for Regional Collabora- region regarding policies, strategies, projects, and tion of National Significance. To further the policy de- priorities for the Great Lakes system. scribed in section 1, the Task Force shall recognize and (iii) Coordinate the development of consistent Fed- apply key principles and foster conditions to ensure eral policies, strategies, projects, and priorities for successful collaboration. To that end, the Environ- addressing the restoration and protection of the mental Protection Agency will coordinate the develop- Great Lakes system and assisting in the appropriate ment of a set of principles of successful collaboration. management of the Great Lakes system. SEC. 4. Great Lakes National Program Office. The Great (iv) Develop outcome-based goals for the Great Lakes National Program Office of the Environmental Lakes system relying upon, among other things, ex- Protection Agency shall assist the Task Force and the isting data and science-based indicators of water Working Group in the performance of their functions. quality and related environmental factors. These The Great Lakes National Program Manager shall goals shall focus on outcomes such as cleaner water, serve as chair of the Working Group. sustainable fisheries, and biodiversity of the Great SEC. 5. Preservation of Authority. Nothing in this order Lakes system and ensure that Federal policies, strat- shall be construed to impair or otherwise affect the egies, projects, and priorities support measurable re- functions of the Director of the Office of Management sults. and Budget relating to budget, administrative, regu- (v) Exchange information regarding policies, strate- latory, and legislative proposals. Nothing in this order gies, projects, and activities of the agencies rep- shall be construed to affect the statutory authority or resented on the Task Force related to the Great obligations of any Federal agency or any bi-national Lakes system. agreement with Canada. (vi) Work to coordinate government action associ- SEC. 6. Judicial Review. This order is intended only to ated with the Great Lakes system. improve the internal management of the Federal Gov- (vii) Ensure coordinated Federal scientific and ernment and is not intended to, and does not, create other research associated with the Great Lakes sys- any right, benefit, or trust responsibility, substantive tem. or procedural, enforceable at law or in equity by a (viii) Ensure coordinated government development party against the United States, its departments, agen- and implementation of the Great Lakes portion of cies, instrumentalities or entities, its officers or em- the Global Earth Observation System of Systems. ployees, or any other person. (ix) Provide assistance and support to agencies rep- resented on the Task Force in their activities related GEORGE W. BUSH. to the Great Lakes system. (x) Submit a report to the President by May 31, § 1269. Long Island Sound 2005, and thereafter as appropriate, that summarizes (a) Office of Management Conference of the Long the activities of the Task Force and provides any rec- Island Sound Study ommendations that would, in the judgment of the Task Force, advance the policy set forth in section 1 The Administrator shall continue the Manage- of this order. ment Conference of the Long Island Sound (b) Membership and Operation. Study (hereinafter referred to as the ‘‘Con- (i) The Task Force shall consist exclusively of the ference’’) as established pursuant to section 1330 following officers of the United States: the Adminis- of this title, and shall establish an office (here- trator of the Environmental Protection Agency (who shall chair the Task Force), the Secretary of State, inafter referred to as the ‘‘Office’’) to be located the Secretary of the Interior, the Secretary of Agri- on or near Long Island Sound. culture, the Secretary of Commerce, the Secretary of (b) Administration and staffing of Office Housing and Urban Development, the Secretary of Transportation, the Secretary of Homeland Security, The Office shall be headed by a Director, who the Secretary of the Army, and the Chairman of the shall be detailed by the Administrator, follow- Council on Environmental Quality. A member of the ing consultation with the Administrators of Task Force may designate, to perform the Task EPA regions I and II, from among the employees § 1269 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 348 of the Agency who are in civil service. The Ad- (B) summarizes any modifications to the ministrator shall delegate to the Director such Comprehensive Conservation and Manage- authority and detail such additional staff as ment Plan in the twelve-month period im- may be necessary to carry out the duties of the mediately preceding such report; and Director under this section. (C) incorporates specific recommendations (c) Duties of Office concerning the implementation of the Com- The Office shall assist the Management Con- prehensive Conservation and Management ference of the Long Island Sound Study in car- Plan; and rying out its goals. Specifically, the Office (8) convene conferences and meetings for leg- shall— islators from State governments and political (1) assist and support the implementation of subdivisions thereof for the purpose of making the Comprehensive Conservation and Manage- recommendations for coordinating legislative ment Plan for Long Island Sound developed efforts to facilitate the environmental restora- pursuant to section 1330 of this title, including tion of Long Island Sound and the implemen- efforts to establish, within the process for tation of the Comprehensive Conservation and granting watershed general permits, a system Management Plan. for promoting innovative methodologies and technologies that are cost-effective and con- (d) Grants sistent with the goals of the Plan; (1) The Administrator is authorized to make (2) conduct or commission studies deemed grants for projects and studies which will help necessary for strengthened implementation of implement the Long Island Sound Comprehen- the Comprehensive Conservation and Manage- sive Conservation and Management Plan. Spe- ment Plan including, but not limited to— cial emphasis shall be given to implementation, (A) population growth and the adequacy of research and planning, enforcement, and citizen wastewater treatment facilities, involvement and education. (B) the use of biological methods for nutri- (2) State, interstate, and regional water pollu- ent removal in sewage treatment plants, tion control agencies, and other public or non- (C) contaminated sediments, and dredging profit private agencies, institutions, and organi- activities, (D) nonpoint source pollution abatement zations held to be eligible for grants pursuant to and land use activities in the Long Island this subsection. Sound watershed, (3) Citizen involvement and citizen education (E) wetland protection and restoration, grants under this subsection shall not exceed 95 (F) atmospheric deposition of acidic and per centum of the costs of such work. All other other pollutants into Long Island Sound, grants under this subsection shall not exceed 50 (G) water quality requirements to sustain per centum of the research, studies, or work. All fish, shellfish, and wildlife populations, and grants shall be made on the condition that the the use of indicator species to assess envi- non-Federal share of such costs are provided ronmental quality, from non-Federal sources. (H) State water quality programs, for their (e) Assistance to distressed communities adequacy pursuant to implementation of the Comprehensive Conservation and Manage- (1) Eligible communities ment Plan, and For the purposes of this subsection, a dis- (I) options for long-term financing of tressed community is any community that wastewater treatment projects and water meets affordability criteria established by the pollution control programs. State in which the community is located, if (3) coordinate the grant, research and plan- such criteria are developed after public review ning programs authorized under this section; and comment. (4) coordinate activities and implementation (2) Priority responsibilities with other Federal agencies In making assistance available under this which have jurisdiction over Long Island section for the upgrading of wastewater treat- Sound and with national and regional marine ment facilities, the Administrator may give monitoring and research programs established priority to a distressed community. pursuant to the Marine Protection, Research, and Sanctuaries Act [16 U.S.C. 1431 et seq., 1447 (f) Authorizations et seq.; 33 U.S.C. 1401 et seq., 2801 et seq.]; (1) There is authorized to be appropriated to (5) provide administrative and technical sup- the Administrator for the implementation of port to the conference; this section, other than subsection (d) of this (6) collect and make available to the public section, such sums as may be necessary for each publications, and other forms of information of the fiscal years 2001 through 2010. the conference determines to be appropriate, (2) There is authorized to be appropriated to relating to the environmental quality of Long the Administrator for the implementation of Island Sound; subsection (d) of this section not to exceed (7) not more than two years after the date of $40,000,000 for each of fiscal years 2001 through the issuance of the final Comprehensive Con- 2010. servation and Management Plan for Long Is- land Sound under section 1330 of this title, and (June 30, 1948, ch. 758, title I, § 119, as added Pub. biennially thereafter, issue a report to the L. 101–596, title II, § 202, Nov. 16, 1990, 104 Stat. Congress which— 3004; amended Pub. L. 104–303, title V, § 583, Oct. (A) summarizes the progress made by the 12, 1996, 110 Stat. 3791; Pub. L. 106–457, title IV, States in implementing the Comprehensive §§ 402—404, Nov. 7, 2000, 114 Stat. 1973; Pub. L. Conservation and Management Plan; 109–137, § 1, Dec. 22, 2005, 119 Stat. 2646.) Page 349 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1269

REFERENCES IN TEXT ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Environmental Pro- The Marine Protection, Research, and Sanctuaries tection Agency. Act, referred to in subsec. (c)(4), probably means the ‘‘(2) ADVISORY COMMITTEE.—The term ‘Advisory Marine Protection, Research, and Sanctuaries Act of Committee’ means the Long Island Sound Steward- 1972, Pub. L. 92–532, Oct. 23, 1972, 86 Stat. 1052, as ship Advisory Committee established by section 8. amended, which is classified generally to chapters 32 ‘‘(3) REGION.—The term ‘Region’ means the Long Is- (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Con- land Sound Stewardship Initiative Region established servation, and chapters 27 (§ 1401 et seq.) and 41 (§ 2801 et by section 4(a). seq.) of this title. For complete classification of this ‘‘(4) STATE.—The term ‘State’ means each of the Act to the Code, see Short Title note set out under sec- States of Connecticut and New York. tion 1401 of this title and Tables. ‘‘(5) STEWARDSHIP.—The term ‘stewardship’ means AMENDMENTS land acquisition, land conservation agreements, site planning, plan implementation, land and habitat 2005—Subsec. (f). Pub. L. 109–137 substituted ‘‘2010’’ management, public access improvements, site mon- for ‘‘2005’’ in pars. (1) and (2). itoring, and other activities designed to enhance and 2000—Subsec. (c)(1). Pub. L. 106–457, § 402, inserted be- preserve natural resource-based recreation and eco- fore semicolon at end ‘‘, including efforts to establish, logical function of upland areas. within the process for granting watershed general per- ‘‘(6) STEWARDSHIP SITE.—The term ‘stewardship mits, a system for promoting innovative methodologies site’ means any area of State, local, or tribal govern- and technologies that are cost-effective and consistent ment, or privately owned land within the Region that with the goals of the Plan’’. is designated by the Administrator under section 5(a). Subsec. (e). Pub. L. 106–457, § 403(2), added subsec. (e). ‘‘(7) SYSTEMATIC SITE SELECTION.—The term ‘sys- Former subsec. (e) redesignated (f). tematic site selection’ means a process of selecting Subsec. (f). Pub. L. 106–457, §§ 403(1), 404, redesignated stewardship sites that— subsec. (e) as (f) and substituted ‘‘2001 through 2005’’ for ‘‘(A) has explicit goals, methods, and criteria; ‘‘1991 through 2001’’ in par. (1) and ‘‘not to exceed ‘‘(B) produces feasible, repeatable, and defensible $40,000,000 for each of fiscal years 2001 through 2005’’ for results; ‘‘not to exceed $3,000,000 for each of the fiscal years 1991 ‘‘(C) provides for consideration of natural, phys- through 2001’’ in par. (2). ical, and biological patterns; 1996—Subsec. (e). Pub. L. 104–303 substituted ‘‘2001’’ ‘‘(D) addresses replication, connectivity, species for ‘‘1996’’ in pars. (1) and (2). viability, location, and public recreation values; ‘‘(E) uses geographic information systems tech- LONG ISLAND SOUND STEWARDSHIP nology and algorithms to integrate selection cri- Pub. L. 109–359, Oct. 16, 2006, 120 Stat. 2049, provided teria; and that: ‘‘(F) will result in achieving the goals of steward- ship site selection at the lowest cost. ‘‘SECTION 1. SHORT TITLE. ‘‘(8) QUALIFIED APPLICANTS.—The term ‘qualified ap- ‘‘This Act may be cited as the ‘Long Island Sound plicant’ means a non-Federal person that owns title Stewardship Act of 2006’. to property located within the borders of the Region. ‘‘SEC. 2. FINDINGS AND PURPOSE. ‘‘(9) THREAT.—The term ‘threat’ means a threat ‘‘(a) FINDINGS.—Congress finds that— that is likely to destroy or seriously degrade a con- ‘‘(1) Long Island Sound is a national treasure of servation target or a recreation area. great cultural, environmental, and ecological impor- ‘‘SEC. 4. LONG ISLAND SOUND STEWARDSHIP INI- tance; TIATIVE REGION. ‘‘(2) 8,000,000 people live within the Long Island ‘‘(a) ESTABLISHMENT.—There is established in the Sound watershed and 28,000,000 people (approximately States of Connecticut and New York the Long Island 10 percent of the population of the United States) live Sound Stewardship Initiative Region. within 50 miles of Long Island Sound; ‘‘(b) BOUNDARIES.—The Region consists of the imme- ‘‘(3) activities that depend on the environmental diate coastal upland areas along— health of Long Island Sound contribute more than ‘‘(1) Long Island Sound between mean high water $5,000,000,000 each year to the regional economy; and the inland boundary, as described on the map en- ‘‘(4) the portion of the shoreline of Long Island titled ‘Long Island Sound Stewardship Region’ and Sound that is accessible to the general public (esti- dated April 21, 2004; and mated at less than 20 percent of the total shoreline) ‘‘(2) the Peconic Estuary as described on the map is not adequate to serve the needs of the people living entitled ‘Peconic Estuary Program Study Area in the area; Boundaries’ and included in the Comprehensive Con- ‘‘(5) existing shoreline facilities are in many cases servation and Management Plan for the Peconic Es- overburdened and underfunded; tuary Program and dated November 15, 2001. ‘‘(6) large parcels of open space already in public ‘‘SEC. 5. DESIGNATION OF STEWARDSHIP SITES. ownership are strained by the effort to balance the demand for recreation with the needs of sensitive ‘‘(a) IN GENERAL.—The Administrator may designate natural resources; a stewardship site in accordance with this Act any area ‘‘(7) approximately 1/3 of the tidal marshes of Long that contributes to accomplishing the purpose of this Island Sound have been filled, and much of the re- Act. maining marshes have been ditched, diked, or im- ‘‘(b) PUBLICATION OF LIST OF RECOMMENDED SITES.— pounded, reducing the ecological value of the The Administrator shall— marshes; and ‘‘(1) publish in the Federal Register and make avail- ‘‘(8) much of the remaining exemplary natural land- able in general circulation in the States of Connecti- scape is vulnerable to further development. cut and New York the list of sites recommended by the Advisory Committee; and ‘‘(b) PURPOSE.—The purpose of this Act is to establish ‘‘(2) provide a 90-day period for— the Long Island Sound Stewardship Initiative to iden- ‘‘(A) the submission of public comment on the tify, protect, and enhance upland sites within the Long list; and Island Sound ecosystem with significant ecological, ‘‘(B) an opportunity for owners of such sites to de- educational, open space, public access, or recreational cline designation of such sites as stewardship sites. value through a bi-State network of sites best exem- ‘‘(c) OPINION REGARDING OWNER’S RESPONSIBILITIES.— plifying these values. The Administrator may not designate an area as a ‘‘SEC. 3. DEFINITIONS. stewardship site under this Act unless the Adminis- ‘‘In this Act, the following definitions apply: trator provides to the owner of the area, and the owner § 1269 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 350 acknowledges to the Administrator receipt of, a com- ‘‘(ix) threats. prehensive opinion in plain English setting forth ex- ‘‘(5) DEVIATION FROM PROCESS.—The Advisory Com- pressly the responsibility of the owner that arises from mittee may accept an application to recommend a such designation. site other than as provided in this subsection, if the ‘‘(d) DESIGNATION OF STEWARDSHIP SITES.—Not later Advisory Committee— than 150 days after receiving from the Advisory Com- ‘‘(A) determines that the site makes significant mittee its list of recommended sites, the Adminis- ecological or recreational contributions to the Re- trator— gion; and ‘‘(1) shall review the recommendations of the Advi- ‘‘(B) provides to the Administrator the reasons sory Committee; and for deviating from the process otherwise described ‘‘(2) may designate as a stewardship site any site in this subsection. included in the list. ‘‘(c) SUBMISSION OF LIST OF RECOMMENDED SITES.— ‘‘(1) IN GENERAL.—After completion of the site iden- ‘‘SEC. 6. RECOMMENDATIONS BY ADVISORY COM- tification process set forth in subsection (b), the Ad- MITTEE. visory Committee shall submit to the Administrator ‘‘(a) IN GENERAL.—The Advisory Committee shall— its list of sites recommended for designation as stew- ‘‘(1) in accordance with this section, evaluate appli- ardship sites. cations— ‘‘(2) LIMITATION.—The Advisory Committee shall ‘‘(A) for designation of areas as stewardship sites; not include a site in the list submitted under this ‘‘(B) to develop management plans to address subsection unless, prior to submission of the list, the threats to stewardship sites; and owner of the site is— ‘‘(C) to act on opportunities to protect and en- ‘‘(A) notified of the inclusion of the site in the hance stewardship sites; list; and ‘‘(2) develop recommended guidelines, criteria, ‘‘(B) allowed to decline inclusion of the site in the schedules, and due dates for the submission of appli- list. cations and the evaluation by the Advisory Commit- ‘‘(3) PUBLIC COMMENT.—In identifying sites for in- tee of information to recommend areas for designa- clusion in the list, the Advisory Committee shall pro- tion as stewardship sites that fulfill terms of a multi- vide an opportunity for submission of, and consider, year management plan; public comments. ‘‘(3) recommend to the Administrator a list of sites for designation as stewardship sites that further the ‘‘SEC. 7. GRANTS AND ASSISTANCE. purpose of this Act; ‘‘(a) IN GENERAL.—The Administrator may provide ‘‘(4) develop management plans to address threats grants, subject to the availability of appropriations, to stewardship sites; and other assistance for projects to fulfill the purpose ‘‘(5) raise awareness of the values of and threats to of this Act. stewardship sites; ‘‘(b) FEDERAL SHARE.—The Federal share of the cost ‘‘(6) recommend that the Administrator award of an activity carried out using any assistance or grant grants to qualified applicants; and under this Act shall not exceed 60 percent of the total ‘‘(7) recommend to the Administrator ways to le- cost of the activity. verage additional resources for improved stewardship ‘‘SEC. 8. LONG ISLAND SOUND STEWARDSHIP AD- of the Region. VISORY COMMITTEE. ‘‘(b) IDENTIFICATION OF SITES.— ‘‘(a) ESTABLISHMENT.—There is established a commit- ‘‘(1) IN GENERAL.—Any qualified applicant may sub- tee to be known as the ‘Long Island Sound Stewardship mit an application to the Advisory Committee to Advisory Committee’. have a site recommended to the Administrator for ‘‘(b) MEMBERSHIP.— designation as a stewardship site. ‘‘(1) IN GENERAL.—The Administrator may appoint ‘‘(2) IDENTIFICATION.—The Advisory Committee the members of the Advisory Committee in accord- shall review each application submitted under this ance with this subsection and the guidance in section subsection to determine whether the site exhibits 320(c) of the Federal Water Pollution Control Act (33 values that promote the purpose of this Act. U.S.C. 1330(c)), except that the Governor of each ‘‘(3) NATURAL RESOURCE-BASED RECREATION AREAS.— State may appoint 2 members of the Advisory Com- In reviewing an application for recommendation of a mittee. recreation area for designation as a stewardship site, ‘‘(2) ADDITIONAL MEMBERS.—In addition to the other the Advisory Committee may use a selection tech- members appointed under this subsection, the Advi- nique that includes consideration of— sory Committee may include— ‘‘(A) public access; ‘‘(A) a representative of the Regional Plan Asso- ‘‘(B) community support; ciation; ‘‘(C) high population density; ‘‘(B) a representative of marine trade organiza- ‘‘(D) environmental justice (as defined in section tions; and 385.3 of title 33, Code of Federal Regulations (or suc- ‘‘(C) a representative of private landowner inter- cessor regulations)); ests. ‘‘(E) open spaces; and ‘‘(3) CONSIDERATION OF INTERESTS.—In appointing ‘‘(F) cultural, historic, and scenic characteristics. members of the Advisory Committee, the Adminis- ‘‘(4) NATURAL AREAS WITH ECOLOGICAL VALUE.—In re- trator shall consider— viewing an application for recommendation of a natu- ‘‘(A) Federal, State, and local government inter- ral area with ecological value for designation as a ests and tribal interests; stewardship site, the Advisory Committee may use a ‘‘(B) the interests of nongovernmental organiza- selection technique that includes consideration of— tions; ‘‘(A) measurable conservation targets for the Re- ‘‘(C) academic interests; gion; and ‘‘(D) private interests including land, agriculture, ‘‘(B) prioritizing new sites using systematic site and business interests; and selection, which shall include consideration of— ‘‘(E) recreational and commercial fishing inter- ‘‘(i) ecological uniqueness; ests. ‘‘(ii) species viability; ‘‘(4) CHAIRPERSON.—In addition to the other mem- ‘‘(iii) habitat heterogeneity; bers appointed under this subsection, the Adminis- ‘‘(iv) size; trator may appoint as a member of the Advisory ‘‘(v) quality; Committee an individual to serve as the Chairperson, ‘‘(vi) open spaces; who may be the Director of the Long Island Sound ‘‘(vii) land cover; Office of the Environmental Protection Agency. ‘‘(viii) scientific, research, or educational value; ‘‘(5) COMPLETION OF APPOINTMENTS.—The Adminis- and trator shall complete the appointment of all mem- Page 351 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1269

bers of the Advisory Committee by not later than 180 ‘‘(A) assesses the role of this Act in protecting days after the date of enactment of this Act [Oct. 16, the Long Island Sound; 2006]. ‘‘(B) establishes in coordination with the Advi- ‘‘(A) [sic] VACANCIES.—A vacancy on the Advisory sory Committee guidelines, criteria, schedules, and Committee— due dates for evaluating information to designate ‘‘(i) shall be filled not later than 90 days after stewardship sites; the vacancy occurs; ‘‘(C) includes information about any grants that ‘‘(ii) shall not affect the powers of the Advisory are available for the purchase of land or property Committee; and rights to protect stewardship sites; and ‘‘(iii) shall be filled in the same manner as the ‘‘(D) accounts for funds received and expended original appointment was made. during the previous fiscal year; ‘‘(c) TERM.— ‘‘(2) an update of such report, at least every other ‘‘(1) IN GENERAL.—A member of the Advisory Com- year; and mittee shall be appointed for a term of 4 years. ‘‘(3) information on funding and any new steward- ‘‘(2) MULTIPLE TERMS.—An individual may be ap- ship sites more frequently than every other year. pointed as a member of the Advisory Committee for ‘‘(b) ADVISORY COMMITTEE.— more than 1 term. ‘‘(1) REPORT.—For each of fiscal years 2007 through ‘‘(d) POWERS.—The Advisory Committee may hold 2011, the Advisory Committee shall submit to the Ad- such hearings, meet and act at such times and places, ministrator and the decisionmaking body of the Long take such testimony, and receive such evidence as the Island Sound Study Management Conference estab- Advisory Committee considers advisable to carry out lished under section 320 of the Federal Water Pollu- this Act. tion Control Act (33 U.S.C. 1330), an annual report ‘‘(e) MEETINGS.— that contains— ‘‘(1) IN GENERAL.—The Advisory Committee shall ‘‘(A) a detailed statement of the findings and con- meet at the call of the Chairperson, but no fewer than clusions of the Advisory Committee since the last 4 times each year. report under this subsection; ‘‘(2) INITIAL MEETING.—Not later than 30 days after ‘‘(B) a description of all sites recommended by the the date on which all members of the Advisory Com- Advisory Committee to the Administrator for des- mittee have been appointed, the Chairperson shall ignation as stewardship sites; call the initial meeting of the Advisory Committee. ‘‘(C) the recommendations of the Advisory Com- ‘‘(3) QUORUM.—A majority of the members of the mittee for such legislation and administrative ac- Advisory Committee shall constitute a quorum, but a tions as the Advisory Committee considers appro- lesser number of members may hold hearings. priate; and ‘‘(f) ADAPTIVE MANAGEMENT.— ‘‘(D) in accordance with paragraph (2), the recom- ‘‘(1) IN GENERAL.—The Advisory Committee shall mendations of the Advisory Committee for the use an adaptive management framework to identify awarding of grants. the best policy initiatives and actions through— ‘‘(2) RECOMMENDATION FOR GRANTS.— ‘‘(A) definition of strategic goals; ‘‘(A) IN GENERAL.—The Advisory Committee shall ‘‘(B) definition of policy options for methods to recommend that the Administrator award grants to achieve strategic goals; qualified applicants to help to secure and improve ‘‘(C) establishment of measures of success; the open space, public access, or ecological values ‘‘(D) identification of uncertainties; of stewardship sites, through— ‘‘(E) development of informative models of policy ‘‘(i) purchase of the property of a stewardship implementation; site; ‘‘(F) separation of the landscape into geographic ‘‘(ii) purchase of relevant property rights to a units; stewardship site; or ‘‘(G) monitoring key responses at different spatial ‘‘(iii) entering into any other binding legal ar- and temporal scales; and rangement that ensures that the values of a stew- ‘‘(H) evaluation of outcomes and incorporation ardship site are sustained, including entering into into management strategies. an arrangement with a land manager or property ‘‘(2) APPLICATION OF ADAPTIVE MANAGEMENT FRAME- owner to develop or implement a management WORK.—The Advisory Committee shall apply the plan that is necessary for the conservation of nat- adaptive management framework to the process for ural resources. making recommendations under subsections (b) ‘‘(B) EQUITABLE DISTRIBUTION OF FUNDS.—The Ad- through (f) of section 6 to the Administrator regard- visory Committee shall exert due diligence to en- ing sites that should be designated as stewardship sure that its recommendations result in an equi- sites. table distribution of funds between the States. ‘‘(3) ADAPTIVE MANAGEMENT.—The adaptive manage- ‘‘SEC. 10. PRIVATE PROPERTY PROTECTION; NO ment framework required by this subsection shall REGULATORY AUTHORITY. consist of a scientific process— ‘‘(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this ‘‘(A) for— Act— ‘‘(i) developing predictive models; ‘‘(1) requires any private property owner to allow ‘‘(ii) making management policy decisions public access (including Federal, State, or local gov- based upon the model outputs; ernment access) to the private property; or ‘‘(iii) revising the management policies as data ‘‘(2) modifies the application of any provision of become available with which to evaluate the poli- Federal, State, or local law with regard to public ac- cies; and cess to or use of private property, except as entered ‘‘(iv) acknowledging uncertainty, complexity, into by voluntary agreement of the owner or custo- and variance in the spatial and temporal aspects dian of the property. of natural systems; and ‘‘(b) LIABILITY.—Establishment of the Region does ‘‘(B) that requires that management be viewed as not create any liability, or have any effect on any li- experimental. ability under any other law, of any private property ‘‘(g) TERMINATION OF ADVISORY COMMITTEE.—The Ad- owner with respect to any person injured on the private visory Committee shall terminate on December 31, 2011. property. ‘‘SEC. 9. REPORTS. ‘‘(c) RECOGNITION OF AUTHORITY TO CONTROL LAND ‘‘(a) ADMINISTRATOR.—The Administrator shall pub- USE.—Nothing in this Act modifies the authority of lish and make available to the public on the Internet Federal, State, or local governments to regulate land and in paper form— use. ‘‘(1) not later than 1 year after the date of enact- ‘‘(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS ment of this Act [Oct. 16, 2006], a report that— NOT REQUIRED.—Nothing in this Act requires the owner § 1270 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 352 of any private property located within the boundaries paragraph (A) with the actions of other ap- of the Region to participate in any land conservation, propriate Federal agencies. financial or technical assistance, or other programs es- tablished under this Act. (b) Membership ‘‘(e) PURCHASE OF LAND OR INTEREST IN LAND FROM The Members of the Management Conference WILLING SELLERS ONLY.—Funds appropriated to carry shall be comprised of— out this Act may be used to purchase land or interests (1) the Governors of the States of Vermont in land only from willing sellers. and New York; ‘‘(f) MANNER OF ACQUISITION.—All acquisitions of land (2) each interested Federal agency, not to under this Act shall be made in a voluntary manner and shall not be the result of forced takings. exceed a total of five members; ‘‘(g) EFFECT OF ESTABLISHMENT.— (3) the Vermont and New York Chairpersons ‘‘(1) IN GENERAL.—The boundaries of the Region rep- of the Vermont, New York, Quebec Citizens resent the area within which Federal funds appro- Advisory Committee for the Environmental priated for the purpose of this Act may be expended. Management of Lake Champlain; ‘‘(2) REGULATORY AUTHORITY.—The establishment of (4) four representatives of the State legisla- the Region and the boundaries of the Region do not ture of Vermont; provide any regulatory authority not in existence im- (5) four representatives of the State legisla- mediately before the enactment of this Act [Oct. 16, ture of New York; 2006] on land use in the Region by any management entity, except for such property rights as may be pur- (6) six persons representing local govern- chased from or donated by the owner of the property ments having jurisdiction over any land or (including public lands donated by a State or local water within the Lake Champlain basin, as de- government). termined appropriate by the Governors; and ‘‘SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (7) eight persons representing affected indus- ‘‘(a) IN GENERAL.—There is authorized to be appro- tries, nongovernmental organizations, public priated to the Administrator $25,000,000 for each of fis- and private educational institutions, and the cal years 2007 through 2011 to carry out this Act, in- general public, as determined appropriate by cluding for— the trigovernmental Citizens Advisory Com- ‘‘(1) acquisition of land and interests in land; mittee for the Environmental Management of ‘‘(2) development and implementation of site man- Lake Champlain, but not to be current mem- agement plans; bers of the Citizens Advisory Committee. ‘‘(3) site enhancements to reduce threats or pro- mote stewardship; and (c) Technical Advisory Committee ‘‘(4) administrative expenses of the Advisory Com- (1) The Management Conference shall, not mittee and the Administrator. later than one hundred and twenty days after ‘‘(b) USE OF FUNDS.—Amounts made available to the November 16, 1990, appoint a Technical Advisory Administrator under this section each fiscal year shall be used by the Administrator after reviewing the rec- Committee. ommendations included in the annual reports of the (2) Such Technical Advisory Committee shall Advisory Committee under section 9. consist of officials of: appropriate departments ‘‘(c) AUTHORIZATION OF GIFTS, DEVISES, AND BEQUESTS and agencies of the Federal Government; the FOR SYSTEM.—In furtherance of the purpose of this Act, State governments of New York and Vermont; the Administrator may accept and use any gift, devise, and governments of political subdivisions of or bequest of real or personal property, proceeds there- such States; and public and private research in- from, or interests therein, to carry out this Act. Such stitutions. acceptance may be subject to the terms of any restric- tive or affirmative covenant, or condition of servitude, (d) Research program if such terms are considered by the Administrator to be The Management Conference shall establish a in accordance with law and compatible with the pur- multi-disciplinary environmental research pro- pose for which acceptance is sought. gram for Lake Champlain. Such research pro- ‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Of the amount available each fiscal year to carry out this Act, gram shall be planned and conducted jointly not more than 8 percent may be used for administrative with the Lake Champlain Research Consortium. costs.’’ (e) Pollution prevention, control, and restoration plan § 1270. Lake Champlain Basin Program (1) Not later than three years after November (a) Establishment 16, 1990, the Management Conference shall pub- (1) In general lish a pollution prevention, control, and restora- There is established a Lake Champlain Man- tion plan for Lake Champlain. agement Conference to develop a comprehen- (2) The Plan developed pursuant to this sec- sive pollution prevention, control, and res- tion shall— toration plan for Lake Champlain. The Admin- (A) identify corrective actions and compli- istrator shall convene the management con- ance schedules addressing point and nonpoint ference within ninety days of November 16, sources of pollution necessary to restore and 1990. maintain the chemical, physical, and biologi- cal integrity of water quality, a balanced, in- (2) Implementation digenous population of shellfish, fish and wild- The Administrator— life, recreational, and economic activities in (A) may provide support to the State of and on the lake; Vermont, the State of New York, and the (B) incorporate environmental management New England Interstate Water Pollution concepts and programs established in State Control Commission for the implementation and Federal plans and programs in effect at of the Lake Champlain Basin Program; and the time of the development of such plan; (B) shall coordinate actions of the Envi- (C) clarify the duties of Federal and State ronmental Protection Agency under sub- agencies in pollution prevention and control Page 353 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1270

activities, and to the extent allowable by law, ton, Warren, Essex, and Washington counties suggest a timetable for adoption by the appro- in the State of New York and all or part of priate Federal and State agencies to accom- Franklin, Grand Isle, Chittenden, Addison, plish such duties within a reasonable period of Rutland, Bennington, Lamoille, Orange, Wash- time; ington, Orleans, and Caledonia counties in (D) describe the methods and schedules for Vermont, that contain all of the streams, riv- funding of programs, activities, and projects ers, lakes, and other bodies of water, including identified in the Plan, including the use of wetlands, that drain into Lake Champlain. Federal funds and other sources of funds; (3) Plan (E) include a strategy for pollution preven- tion and control that includes the promotion The term ‘‘Plan’’ means the plan developed of pollution prevention and management prac- under subsection (e) of this section. tices to reduce the amount of pollution gen- (h) No effect on certain authority erated in the Lake Champlain basin; and Nothing in this section— (F) be reviewed and revised, as necessary, at (1) affects the jurisdiction or powers of— least once every 5 years, in consultation with (A) any department or agency of the Fed- the Administrator and other appropriate Fed- eral Government or any State government; eral agencies. or (3) The Administrator, in cooperation with the (B) any international organization or en- Management Conference, shall provide for pub- tity related to Lake Champlain created by lic review and comment on the draft Plan. At a treaty or memorandum to which the United minimum, the Management Conference shall States is a signatory; conduct one public meeting to hear comments (2) provides new regulatory authority for the on the draft plan in the State of New York and Environmental Protection Agency; or one such meeting in the State of Vermont. (3) affects section 304 of the Great Lakes (4) Not less than one hundred and twenty days Critical Programs Act of 1990 (Public Law after the publication of the Plan required pursu- 101–596; 33 U.S.C. 1270 note). ant to this section, the Administrator shall ap- prove such plan if the plan meets the require- (i) Authorization ments of this section and the Governors of the There are authorized to be appropriated to the States of New York and Vermont concur. Environmental Protection Agency to carry out (5) Upon approval of the plan, such plan shall this section— be deemed to be an approved management pro- (1) $2,000,000 for each of fiscal years 1991, gram for the purposes of section 1329(h) of this 1992, 1993, 1994, and 1995; title and such plan shall be deemed to be an ap- (2) such sums as are necessary for each of fis- proved comprehensive conservation and manage- cal years 1996 through 2003; and ment plan pursuant to section 1330 of this title. (3) $11,000,000 for each of fiscal years 2004 (f) Grant assistance through 2008. (1) The Administrator may, in consultation (June 30, 1948, ch. 758, title I, § 120, as added Pub. with participants in the Lake Champlain Basin L. 101–596, title III, § 303, Nov. 16, 1990, 104 Stat. Program, make grants to State, interstate, and 3006; amended Pub. L. 107–303, title II, § 202, Nov. regional water pollution control agencies, and 27, 2002, 116 Stat. 2358.) public or nonprofit agencies, institutions, and AMENDMENTS organizations. (2) Grants under this subsection shall be made 2002—Pub. L. 107–303, § 202(1), substituted ‘‘Lake for assisting research, surveys, studies, and Champlain Basin Program’’ for ‘‘Lake Champlain Man- agement Conference’’ in section catchline. modeling and technical and supporting work Subsec. (a). Pub. L. 107–303, § 202(1), (2), designated ex- necessary for the development and implementa- isting provisions as par. (1), inserted heading, and tion of the Plan. added par. (2). (3) The amount of grants to any person under Subsec. (d). Pub. L. 107–303, § 202(3), struck out par. (1) this subsection for a fiscal year shall not exceed designation before ‘‘The Management’’. 75 per centum of the costs of such research, sur- Subsec. (e)(1). Pub. L. 107–303, § 202(4)(A), struck out vey, study and work and shall be made available ‘‘(hereafter in this section referred to as the ‘Plan’)’’ on the condition that non-Federal share of such after ‘‘restoration plan’’. Subsec. (e)(2)(F). Pub. L. 107–303, § 202(4)(B), added costs are provided from non-Federal sources. subpar. (F). (4) The Administrator may establish such re- Subsec. (f)(1). Pub. L. 107–303, § 202(5)(A), substituted quirements for the administration of grants as ‘‘participants in the Lake Champlain Basin Program,’’ he determines to be appropriate. for ‘‘the Management Conference,’’. (g) Definitions Subsec. (f)(2). Pub. L. 107–303, § 202(5)(B), substituted ‘‘development and implementation of the Plan’’ for In this section: ‘‘development of the Plan and for retaining expert con- (1) Lake Champlain Basin Program sultants in support of litigation undertaken by the State of New York and the State of Vermont to compel The term ‘‘Lake Champlain Basin Program’’ cleanup or obtain cleanup damage costs from persons means the coordinated efforts among the Fed- responsible for pollution of Lake Champlain’’. eral Government, State governments, and Subsec. (g). Pub. L. 107–303, § 202(6)(A), substituted local governments to implement the Plan. ‘‘Definitions’’ for ‘‘ ‘Lake Champlain drainage basin’ (2) Lake Champlain drainage basin defined’’ in subsec. heading, inserted introductory pro- visions, added par. (1), inserted par. (2) designation and The term ‘‘Lake Champlain drainage basin’’ heading after par. (1) and inserted ‘‘The term’’ before means all or part of Clinton, Franklin, Hamil- ‘‘ ‘Lake Champlain drainage’’. § 1271 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 354

Subsec. (g)(2). Pub. L. 107–303, § 202(6)(B), inserted itoring, as defined by the Secretary of the Interior, ‘‘Hamilton,’’ after ‘‘Franklin,’’ and ‘‘Bennington,’’ including groundwater mapping, and water quality after ‘‘Rutland,’’. and sediment data collection. Subsec. (g)(3). Pub. L. 107–303, § 202(6)(C), added par. ‘‘(c) COOPERATION OF THE UNITED STATES FISH AND (3). WILDLIFE SERVICE OF THE DEPARTMENT OF THE INTE- Subsec. (h). Pub. L. 107–303, § 202(7), added subsec. (h) RIOR.— and struck out heading and text of former subsec. (h). ‘‘(1) RESOURCE CONSERVATION PROGRAM.—The Sec- Text read as follows: ‘‘Nothing in this section shall be retary of the Interior, acting through the United construed so as to affect the jurisdiction or powers of— States Fish and Wildlife Service, in cooperation with ‘‘(1) any department or agency of the Federal Gov- the Lake Champlain Fish and Wildlife Management ernment or any State government; or Cooperative and the Management Conference estab- ‘‘(2) any international organization or entity relat- lished pursuant to this subsection shall— ed to Lake Champlain created by treaty or memoran- ‘‘(A) establish and implement a fisheries re- dum to which the United States is a signatory.’’ sources restoration, development and conservation Subsec. (i). Pub. L. 107–303, § 202(8), substituted ‘‘sec- program, including dedicating a level of hatchery tion—’’ for ‘‘section $2,000,000’’, inserted ‘‘(1) $2,000,000’’ production within the Lake Champlain basin at or before ‘‘for each of fiscal years 1991,’’, substituted above the level that existed immediately preceding ‘‘1995;’’ for ‘‘1995.’’, and added pars. (2) and (3). the date of enactment of this Act [Nov. 16, 1990]; and FEDERAL PROGRAM COORDINATION ‘‘(B) conduct a wildlife species and habitat assess- ment survey in the Lake Champlain basin, includ- Section 304 of Pub. L. 101–596, as amended by Pub. L. ing— 104–127, title III, § 336(a)(2)(F), Apr. 4, 1996, 110 Stat. 1005, ‘‘(i) a survey of Federal threatened and endan- provided that: gered species, listed or proposed for listing under ‘‘(a) DESIGNATION OF LAKE CHAMPLAIN AS A PRIORITY the Endangered Species Act of 1973 (16 U.S.C. 1531 AREA UNDER THE ENVIRONMENTAL QUALITY INCENTIVES et seq.), New York State and State of Vermont PROGRAM.— threatened and endangered species and other spe- ‘‘(1) IN GENERAL.—Notwithstanding any other provi- cies of special concern, migratory nongame spe- sion of law, the Lake Champlain basin, as defined cies of management concern, and national re- under section 120(h) of the Federal Water Pollution sources plan species; Control Act [33 U.S.C. 1270(h)], shall be designated by ‘‘(ii) a survey of wildlife habitats such as is- the Secretary of Agriculture as a priority area under lands, wetlands, and riparian areas; and the environmental quality incentives program estab- ‘‘(iii) a survey of migratory bird populations lished under chapter 4 of subtitle D of title XII of the breeding, migrating and wintering within the Food Security Act of 1985 [16 U.S.C. 3839aa et seq.]. Lake Champlain basin. ‘‘(2) TECHNICAL ASSISTANCE REIMBURSEMENT.—To ‘‘(2) To accomplish the purposes of paragraph (1), carry out the purposes of this subsection, the tech- the Director of the United States Fish and Wildlife nical assistance reimbursement from the Agricul- Service is authorized to carry out activities related tural Stabilization and Conservation Service author- to— ized under the Soil Conservation and Domestic Allot- ‘‘(A) controlling sea lampreys and other non- ment Act [16 U.S.C. 590a et seq.], shall be increased indigenous aquatic animal nuisances; from 5 per centum to 10 per centum. ‘‘(B) improving the health of fishery resources; ‘‘(C) conducting investigations about and assess- ‘‘(3) COMPREHENSIVE AGRICULTURAL MONITORING.— The Secretary, in consultation with the Management ing the status of fishery resources, and disseminat- ing that information to all interested parties; and Conference and appropriate State and Federal agen- ‘‘(D) conducting and periodically updating a sur- cies, shall develop a comprehensive agricultural mon- vey of the fishery resources and their habitats and itoring and evaluation network for all major drain- food chains in the Lake Champlain basin. ages within the Lake Champlain basin. ‘‘(d) AUTHORIZATIONS.—(1) There is authorized to be ‘‘(4) ALLOCATION OF FUNDS.—In allocating funds appropriated to the Department of Agriculture under this subsection, the Secretary of Agriculture $2,000,000 for each of fiscal years 1991, 1992, 1993, 1994, shall consult with the Management Conference estab- and 1995 to carry out subsection (a) of this section. lished under section 120 of the Federal Water Pollu- ‘‘(2) There is authorized to be appropriated to the De- tion Control Act and to the extent allowable by law, partment of [the] Interior $1,000,000 for each of fiscal allocate funds to those agricultural enterprises lo- years 1991, 1992, 1993, 1994, and 1995 to carry out sub- cated at sites that the Management Conference deter- sections (b) and (c) of this section.’’ mines to be priority sites, on the basis of a concern for ensuring implementation of nonpoint source pol- § 1271. Sediment survey and monitoring lution controls throughout the Lake Champlain basin. (a) Survey ‘‘(b) COOPERATION OF THE UNITED STATES GEOLOGICAL (1) In general SURVEY OF THE DEPARTMENT OF THE INTERIOR.—For the The Administrator, in consultation with the purpose of enhancing and expanding basic data collec- Administrator of the National Oceanic and At- tion and monitoring in operation in the Lake Cham- mospheric Administration and the Secretary, plain basin, as defined under section 120 of the Federal Water Pollution Control Act [33 U.S.C. 1270], the Sec- shall conduct a comprehensive national survey retary of the Interior, acting through the heads of of data regarding aquatic sediment quality in water resources divisions of the New York and New the United States. The Administrator shall England districts of the United States Geological Sur- compile all existing information on the quan- vey, shall— tity, chemical and physical composition, and ‘‘(1) in cooperation with appropriate universities geographic location of pollutants in aquatic and private research institutions, and the appropriate sediment, including the probable source of officials of the appropriate departments and agencies such pollutants and identification of those of the States of New York and Vermont, develop an integrated geographic information system of the sediments which are contaminated pursuant 1 Lake Champlain basin; to section 501(b)(4). ‘‘(2) convert all partial recording sites in the Lake (2) Report Champlain basin to continuous monitoring stations Not later than 24 months after October 31, with full gauging capabilities and status; and ‘‘(3) establish such additional continuous monitor- 1992, the Administrator shall report to the ing station sites in the Lake Champlain basin as are necessary to carry out basic data collection and mon- 1 See References in Text note below. Page 355 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1271

Congress the findings, conclusions, and recom- ‘‘SEC. 501. SHORT TITLE AND DEFINITIONS. mendations of such survey, including recom- ‘‘(a) SHORT TITLE.—This title [enacting this section, mendations for actions necessary to prevent amending sections 1412 to 1416, 1420, and 1421 of this contamination of aquatic sediments and to title, and enacting provisions set out below] may be control sources of contamination. cited as the ‘National Contaminated Sediment Assess- ment and Management Act’. (b) Monitoring ‘‘(b) DEFINITIONS.—For the purposes of sections 502 (1) In general and 503 of this title [enacting this section and provi- The Administrator, in consultation with the sions set out below]— ‘‘(1) the term ‘aquatic sediment’ means sediment Administrator of the National Oceanic and At- underlying the navigable waters of the United States; mospheric Administration and the Secretary, ‘‘(2) the term ‘navigable waters’ has the same shall conduct a comprehensive and continuing meaning as in section 502(7) of the Federal Water Pol- program to assess aquatic sediment quality. lution Control Act (33 U.S.C. 1362(7)); The program conducted pursuant to this sub- ‘‘(3) the term ‘pollutant’ has the same meaning as section shall, at a minimum— in section 502(6) of the Federal Water Pollution Con- (A) identify the location of pollutants in trol Act (33 U.S.C. 1362(6)); except that such term does aquatic sediment; not include dredge spoil, rock, sand, or cellar dirt; (B) identify the extent of pollutants in ‘‘(4) the term ‘contaminated sediment’ means aquatic sediment which— sediment and those sediments which are ‘‘(A) contains chemical substances in excess of ap- 1 contaminated pursuant to section 501(b)(4); propriate geochemical, toxicological or sediment (C) establish methods and protocols for quality criteria or measures; or monitoring the physical, chemical, and bio- ‘‘(B) is otherwise considered by the Administrator logical effects of pollutants in aquatic sedi- to pose a threat to human health or the environ- ment and of contaminated sediment; ment; and (D) develop a system for the management, ‘‘(5) the term ‘Administrator’ means the Adminis- storage, and dissemination of data concern- trator of the Environmental Protection Agency. ing aquatic sediment quality; ‘‘SEC. 502. NATIONAL CONTAMINATED SEDIMENT (E) provide an assessment of aquatic sedi- TASK FORCE. ment quality trends over time; ‘‘(a) ESTABLISHMENT.—There is established a National (F) identify locations where pollutants in Contaminated Sediment Task Force (hereinafter re- sediment may pose a threat to the quality of ferred to in this section as the ‘Task Force’). The Task drinking water supplies, fisheries resources, Force shall— ‘‘(1) advise the Administrator and the Secretary in and marine habitats; and the implementation of this title; (G) establish a clearing house for informa- ‘‘(2) review and comment on reports concerning tion on technology, methods, and practices aquatic sediment quality and the extent and serious- available for the remediation, decontamina- ness of aquatic sediment contamination throughout tion, and control of sediment contamina- the Nation; tion. ‘‘(3) review and comment on programs for the re- (2) Report search and development of aquatic sediment restora- tion methods, practices, and technologies; The Administrator shall submit to Congress ‘‘(4) review and comment on the selection of pollut- a report on the findings of the monitoring ants for development of aquatic sediment criteria and under paragraph (1) on the date that is 2 years the schedule for the development of such criteria; after the date specified in subsection (a)(2) of ‘‘(5) advise appropriate officials in the development this section and biennially thereafter. of guidelines for restoration of contaminated sedi- ment; (Pub. L. 102–580, title V, § 503, Oct. 31, 1992, 106 ‘‘(6) make recommendations to appropriate officials Stat. 4865.) concerning practices and measures— ‘‘(A) to prevent the contamination of aquatic REFERENCES IN TEXT sediments; and Section 501(b)(4), referred to in subsecs. (a)(1) and ‘‘(B) to control sources of sediment contamina- (b)(1)(B), means section 501(b)(4) of Pub. L. 102–580, tion; and which is set out below. ‘‘(7) review and assess the means and methods for locating and constructing permanent, cost-effective CODIFICATION long-term disposal sites for the disposal of dredged Section was enacted as part of the Water Resources material that is not suitable for ocean dumping (as Development Act of 1992 and also as part of the Na- determined under the Marine Protection, Research, tional Contaminated Sediment Assessment and Man- and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.) agement Act, and not as part of the Federal Water Pol- [also 16 U.S.C. 1431 et seq., 1447 et seq.; 33 U.S.C. 2801 lution Control Act which comprises this chapter. et seq.]). ‘‘(b) MEMBERSHIP.— AVAILABILITY OF CONTAMINATED SEDIMENTS ‘‘(1) IN GENERAL.—The membership of the Task INFORMATION Force shall include 1 representative of each of the fol- Section 327 of Pub. L. 102–580 directed Secretary to lowing: conduct national study on information that was cur- ‘‘(A) The Administrator. rently available on contaminated sediments of surface ‘‘(B) The Secretary. waters of United States and compile information ob- ‘‘(C) The National Oceanic and Atmospheric Ad- tained for the purpose of identifying location and na- ministration. ture of contaminated sediments and, not later than 1 ‘‘(D) The United States Fish and Wildlife Service. year after Oct. 31, 1992, to transmit to Congress a report ‘‘(E) The Geological Survey [now United States on the results of the study. Geological Survey]. ‘‘(F) The Department of Agriculture. NATIONAL CONTAMINATED SEDIMENT ASSESSMENT AND ‘‘(2) ADDITIONAL MEMBERS.—Additional members of MANAGEMENT; SHORT TITLE; DEFINITIONS; TASK FORCE the Task Force shall be jointly selected by the Ad- Sections 501 and 502 of title V of Pub. L. 102–580 pro- ministrator and the Secretary, and shall include— vided that: ‘‘(A) not more than 3 representatives of States; § 1271a TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 356

‘‘(B) not more than 3 representatives of ports, ag- Lake Champlain Act of 2002, and not as part of the Fed- riculture, and manufacturing; and eral Water Pollution Control Act which comprises this ‘‘(C) not more than 3 representatives of public in- chapter. terest organizations with a demonstrated interest in aquatic sediment contamination. AMENDMENTS ‘‘(3) COCHAIRMEN.—The Administrator and the Sec- 2008—Subsec. (b)(1). Pub. L. 110–365 added par. (1) and retary shall serve as cochairmen of the Task Force. struck out former par. (1). Prior to amendment, text ‘‘(4) CLERICAL AND TECHNICAL ASSISTANCE.—Such read as follows: ‘‘In addition to amounts authorized clerical and technical assistance as may be necessary under other laws, there is authorized to be appropriated to discharge the duties of the Task Force shall be to carry out this section $3,000,000 for each of fiscal provided by the personnel of the Environmental Pro- years 2004 through 2008.’’ tection Agency and the Army Corps of Engineers. ‘‘(5) COMPENSATION FOR ADDITIONAL MEMBERS.—The § 1272. Environmental dredging additional members of the Task Force selected under paragraph (2) shall, while attending meetings or con- (a) Operation and maintenance of navigation ferences of the Task Force, be compensated at a rate projects to be fixed by the cochairmen, but not to exceed the Whenever necessary to meet the requirements daily equivalent of the base rate of pay in effect for of the Federal Water Pollution Control Act [33 grade GS–15 of the General Schedule under section 5332 of title 5, United States Code, for each day (in- U.S.C. 1251 et seq.], the Secretary, in consulta- cluding travel time) during which they are engaged in tion with the Administrator of the Environ- the actual performance of duties vested in the Task mental Protection Agency, may remove and re- Force. While away from their homes or regular places mediate, as part of operation and maintenance of business in the performance of services for the of a navigation project, contaminated sediments Task Force, such members shall be allowed travel ex- outside the boundaries of and adjacent to the penses, including per diem in lieu of subsistence, in navigation channel. the same manner as persons employed intermittently in the Government service are allowed expenses (b) Nonproject specific under section 5703(b) of title 5, United States Code. (1) In general ‘‘(c) REPORT.—Within 2 years after the date of the en- actment of this Act [Oct. 31, 1992], the Task Force shall The Secretary may remove and remediate submit to Congress a report stating the findings and contaminated sediments from the navigable recommendations of the Task Force.’’ waters of the United States for the purpose of environmental enhancement and water qual- AUTHORIZATION OF APPROPRIATIONS ity improvement if such removal and remedi- Section 509(b) of Pub. L. 102–580 provided that: ‘‘There ation is requested by a non-Federal sponsor is authorized to be appropriated to the Administrator and the sponsor agrees to pay 35 percent of the to carry out sections 502 and 503 [enacting this section cost of such removal and remediation. and provisions set out above] such sums as may be nec- essary.’’ (2) Maximum amount

‘‘SECRETARY’’ DEFINED The Secretary may not expend more than $50,000,000 in a fiscal year to carry out this Secretary means the Secretary of the Army, see sec- subsection. tion 3 of Pub. L. 102–580, set out as a note under section 2201 of this title. (c) Joint plan requirement The Secretary may only remove and remedi- § 1271a. Research and development program ate contaminated sediments under subsection (a) In general (b) of this section in accordance with a joint In coordination with other Federal, State, and plan developed by the Secretary and interested local officials, the Administrator of the Envi- Federal, State, and local government officials. ronmental Protection Agency may conduct re- Such plan must include an opportunity for pub- search on the development and use of innovative lic comment, a description of the work to be approaches, technologies, and techniques for the undertaken, the method to be used for dredged remediation of sediment contamination in areas material disposal, the roles and responsibilities of concern that are located wholly or partially of the Secretary and non-Federal sponsors, and in the United States. identification of sources of funding. (b) Authorization of appropriations (d) Disposal costs (1) In general Costs of disposal of contaminated sediments removed under this section shall be a 1 shared as In addition to any amounts authorized under a cost of construction. other provisions of law, there is authorized to be appropriated to carry out this section (e) Limitation on statutory construction $3,000,000 for each of fiscal years 2004 through Nothing in this section shall be construed to 2010. affect the rights and responsibilities of any per- (2) Availability son under the Comprehensive Environmental Response, Compensation, and Liability Act of Funds appropriated under paragraph (1) shall 1980 [42 U.S.C. 9601 et seq.]. remain available until expended. (f) Priority work (Pub. L. 107–303, title I, § 106, Nov. 27, 2002, 116 In carrying out this section, the Secretary Stat. 2358; Pub. L. 110–365, § 4, Oct. 8, 2008, 122 shall give priority to work in the following Stat. 4023.) areas: CODIFICATION (1) Brooklyn Waterfront, New York. Section was enacted as part of the Great Lakes Leg- acy Act of 2002, and also as part of the Great Lakes and 1 So in original. The word ‘‘a’’ probably should not appear. Page 357 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1273

(2) Buffalo Harbor and River, New York. (b) Purpose (3) Ashtabula River, Ohio. The purpose of the program shall be to restore (4) Mahoning River, Ohio. (5) Lower Fox River, Wisconsin. the ecological health of the Basin by developing (6) Passaic River and Newark Bay, New Jer- and funding restoration projects and related sci- sey. entific and public education projects. (7) Snake Creek, Bixby, Oklahoma. (c) Duties (8) Willamette River, Oregon. In carrying out the program, the Adminis- (g) Nonprofit entities trator shall— Notwithstanding section 1962d–5b of title 42, (1) provide administrative and technical as- for any project carried out under this section, a sistance to a management conference con- non-Federal sponsor may include a nonprofit en- vened for the Basin under section 1330 of this tity, with the consent of the affected local gov- title; ernment. (2) assist and support the activities of the (Pub. L. 101–640, title III, § 312, Nov. 28, 1990, 104 management conference, including the imple- Stat. 4639; Pub. L. 104–303, title II, § 205, Oct. 12, mentation of recommendations of the manage- 1996, 110 Stat. 3679; Pub. L. 106–53, title II, § 224, ment conference; Aug. 17, 1999, 113 Stat. 297; Pub. L. 106–541, title (3) support environmental monitoring of the II, § 210(a), Dec. 11, 2000, 114 Stat. 2592.) Basin and research to provide necessary tech- nical and scientific information; REFERENCES IN TEXT (4) develop a comprehensive research plan to The Federal Water Pollution Control Act, referred to address the technical needs of the program; in subsec. (a), is act June 30, 1948, ch. 758, as amended (5) coordinate the grant, research, and plan- generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to this chapter (§ 1251 et ning programs authorized under this section; seq.). For complete classification of this Act to the and Code, see Short Title note set out under section 1251 of (6) collect and make available to the public this title and Tables. publications, and other forms of information The Comprehensive Environmental Response, Com- the management conference determines to be pensation, and Liability Act of 1980, referred to in sub- appropriate, relating to the environmental sec. (e), is Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is classified principally to chapter 103 quality of the Basin. (§ 9601 et seq.) of Title 42, The Public Health and Wel- (d) Grants fare. For complete classification of this Act to the The Administrator may make grants— Code, see Short Title note set out under section 9601 of Title 42 and Tables. (1) for restoration projects and studies rec- ommended by a management conference con- CODIFICATION vened for the Basin under section 1330 of this Section was formerly set out as a note under section title; and 1252 of this title. (2) for public education projects rec- Section was enacted as part of the Water Resources ommended by the management conference. Development Act of 1990, and not as part of the Federal Water Pollution Control Act which comprises this (e) Definitions chapter. In this section, the following definitions AMENDMENTS apply: 2000—Subsec. (g). Pub. L. 106–541 added subsec. (g). (1) Basin 1999—Subsec. (b)(1). Pub. L. 106–53, § 224(1)(A), sub- The term ‘‘Basin’’ means the Lake Pont- stituted ‘‘35 percent’’ for ‘‘50 percent’’. Subsec. (b)(2). Pub. L. 106–53, § 224(1)(B), substituted chartrain Basin, a 5,000 square mile watershed ‘‘$50,000,000’’ for ‘‘$20,000,000’’. encompassing 16 parishes in the State of Lou- Subsec. (d). Pub. L. 106–53, § 224(2), substituted isiana and 4 counties in the State of Mis- ‘‘shared as a cost of construction’’ for ‘‘non-Federal re- sissippi. sponsibility’’. Subsec. (f)(6) to (8). Pub. L. 106–53, § 224(3), added pars. (2) Program (6) to (8). The term ‘‘program’’ means the Lake Pont- 1996—Subsec. (a). Pub. L. 104–303, § 205(1), inserted chartrain Basin Restoration Program estab- ‘‘and remediate’’ after ‘‘remove’’. Subsec. (b)(1). Pub. L. 104–303, § 205(1), (2)(A), inserted lished under subsection (a) of this section. ‘‘and remediate’’ after ‘‘remove’’ and inserted ‘‘and re- (f) Authorization of appropriations mediation’’ after ‘‘removal’’ in two places. (1) In general Subsec. (b)(2). Pub. L. 104–303, § 205(2)(B), substituted ‘‘$20,000,000’’ for ‘‘$10,000,000’’. There is authorized to be appropriated to Subsec. (c). Pub. L. 104–303, § 205(1), inserted ‘‘and re- carry out this section $20,000,000 for each of mediate’’ after ‘‘remove’’. fiscal years 2001 through 2011. Such sums shall Subsec. (f). Pub. L. 104–303, § 205(3), added subsec. (f) and struck out heading and text of former subsec. (f). remain available until expended. Text read as follows: ‘‘This section shall not be effec- (2) Public education projects tive after the last day of the 5-year period beginning on Not more than 15 percent of the amount ap- November 28, 1990; except that the Secretary may com- plete any project commenced under this section on or propriated pursuant to paragraph (1) in a fiscal before such last day.’’ year may be expended on grants for public education projects under subsection (d)(2) of § 1273. Lake Pontchartrain Basin this section. (a) Establishment of restoration program (June 30, 1948, ch. 758, title I, § 121, as added Pub. The Administrator shall establish within the L. 106–457, title V, § 502, Nov. 7, 2000, 114 Stat. Environmental Protection Agency the Lake 1973; amended Pub. L. 109–392, § 1, Dec. 12, 2006, Pontchartrain Basin Restoration Program. 120 Stat. 2703.) § 1274 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 358

PRIOR PROVISIONS reasonable and necessary costs of administer- Another section 121 of act June 30, 1948, was renum- ing this section. bered section 122 and is classified to section 1274 of this (d) Report to Congress title. Not later than 5 years after December 21, 2000, AMENDMENTS the Administrator shall transmit to Congress a 2006—Subsec. (f)(1). Pub. L. 109–392 substituted ‘‘2011’’ report on the results of the pilot projects con- for ‘‘2005’’. ducted under this section and their possible ap- plication nationwide. MANAGEMENT CONFERENCE (June 30, 1948, ch. 758, title I, § 122, formerly § 121, Pub. L. 110–114, title V, § 5084, Nov. 8, 2007, 121 Stat. as added Pub. L. 106–554, § 1(a)(4) [div. B, title I, 1228, provided that: ‘‘For purposes of carrying out sec- tion 121 of the Federal Water Pollution Control Act (33 § 112(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–225; U.S.C. 1273), the Lake Pontchartrain, Louisiana, basin renumbered § 122, Pub. L. 109–392, § 2, Dec. 12, stakeholders conference convened by the Environ- 2006, 120 Stat. 2703.) mental Protection Agency, National Oceanic and At- mospheric Administration, and United States Geologi- SUBCHAPTER II—GRANTS FOR cal Survey on February 25, 2002, shall be treated as CONSTRUCTION OF TREATMENT WORKS being a management conference convened under sec- tion 320 of such Act (33 U.S.C. 1330).’’ § 1281. Congressional declaration of purpose (a) Development and implementation of waste § 1274. Wet weather watershed pilot projects treatment management plans and practices (a) In general It is the purpose of this subchapter to require The Administrator, in coordination with the and to assist the development and implementa- States, may provide technical assistance and tion of waste treatment management plans and grants for treatment works to carry out pilot practices which will achieve the goals of this projects relating to the following areas of wet chapter. weather discharge control: (b) Application of technology: confined disposal (1) Watershed management of wet weather dis- of pollutants; consideration of advanced charges techniques The management of municipal combined Waste treatment management plans and prac- sewer overflows, sanitary sewer overflows, and tices shall provide for the application of the best stormwater discharges, on an integrated wa- practicable waste treatment technology before tershed or subwatershed basis for the purpose any discharge into receiving waters, including of demonstrating the effectiveness of a unified reclaiming and recycling of water, and confined wet weather approach. disposal of pollutants so they will not migrate to cause water or other environmental pollution (2) Stormwater best management practices and shall provide for consideration of advanced The control of pollutants from municipal waste treatment techniques. separate storm sewer systems for the purpose (c) Waste treatment management area and scope of demonstrating and determining controls that are cost-effective and that use innovative To the extent practicable, waste treatment technologies in reducing such pollutants from management shall be on an areawide basis and stormwater discharges. provide control or treatment of all point and nonpoint sources of pollution, including in place (b) Administration or accumulated pollution sources. The Administrator, in coordination with the (d) Waste treatment management construction of States, shall provide municipalities participat- revenue producing facilities ing in a pilot project under this section the abil- ity to engage in innovative practices, including The Administrator shall encourage waste the ability to unify separate wet weather con- treatment management which results in the trol efforts under a single permit. construction of revenue producing facilities pro- viding for— (c) Funding (1) the recycling of potential sewage pollut- (1) In general ants through the production of agriculture, There is authorized to be appropriated to silviculture, or aquaculture products, or any carry out this section $10,000,000 for fiscal year combination thereof; 2002, $15,000,000 for fiscal year 2003, and (2) the confined and contained disposal of $20,000,000 for fiscal year 2004. Such funds shall pollutants not recycled; remain available until expended. (3) the reclamation of wastewater; and (4) the ultimate disposal of sludge in a man- (2) Stormwater ner that will not result in environmental haz- The Administrator shall make available not ards. less than 20 percent of amounts appropriated (e) Waste treatment management integration of for a fiscal year pursuant to this subsection to facilities carry out the purposes of subsection (a)(2) of this section. The Administrator shall encourage waste treatment management which results in inte- (3) Administrative expenses grating facilities for sewage treatment and recy- The Administrator may retain not to exceed cling with facilities to treat, dispose of, or uti- 4 percent of any amounts appropriated for a lize other industrial and municipal wastes, in- fiscal year pursuant to this subsection for the cluding but not limited to solid waste and waste Page 359 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1281 heat and thermal discharges. Such integrated sewer collection system discharging into such facilities shall be designed and operated to treatment works is not subject to excessive in- produce revenues in excess of capital and oper- filtration. ation and maintenance costs and such revenues (4) The Administrator is authorized to make shall be used by the designated regional man- grants to applicants for treatment works grants agement agency to aid in financing other envi- under this section for such sewer system evalua- ronmental improvement programs. tion studies as may be necessary to carry out (f) Waste treatment management ‘‘open space’’ the requirements of paragraph (3) of this sub- and recreational considerations section. Such grants shall be made in accord- ance with rules and regulations promulgated by The Administrator shall encourage waste the Administrator. Initial rules and regulations treatment management which combines ‘‘open shall be promulgated under this paragraph not space’’ and recreational considerations with later than 120 days after October 18, 1972. such management. (5) The Administrator shall not make grants (g) Grants to construct publicly owned treatment from funds authorized for any fiscal year begin- works ning after September 30, 1978, to any State, mu- (1) The Administrator is authorized to make nicipality, or intermunicipal or interstate agen- grants to any State, municipality, or inter- cy for the erection, building, acquisition, alter- municipal or interstate agency for the construc- ation, remodeling, improvement, or extension of tion of publicly owned treatment works. On and treatment works unless the grant applicant has after October 1, 1984, grants under this sub- satisfactorily demonstrated to the Adminis- chapter shall be made only for projects for sec- trator that innovative and alternative waste- ondary treatment or more stringent treatment, water treatment processes and techniques which or any cost effective alternative thereto, new provide for the reclaiming and reuse of water, interceptors and appurtenances, and infiltra- otherwise eliminate the discharge of pollutants, tion-in-flow correction. Notwithstanding the and utilize recycling techniques, land treat- preceding sentences, the Administrator may ment, new or improved methods of waste treat- make grants on and after October 1, 1984, for (A) ment management for municipal and industrial any project within the definition set forth in waste (discharged into municipal systems) and section 1292(2) of this title, other than for a the confined disposal of pollutants, so that pol- project referred to in the preceding sentence, lutants will not migrate to cause water or other and (B) any purpose for which a grant may be environmental pollution, have been fully studied made under sections 1 1329(h) and (i) of this title and evaluated by the applicant taking into ac- (including any innovative and alternative ap- count subsection (d) of this section and taking proaches for the control of nonpoint sources of into account and allowing to the extent prac- pollution), except that not more than 20 per cen- ticable the more efficient use of energy and re- tum (as determined by the Governor of the sources. State) of the amount allotted to a State under (6) The Administrator shall not make grants section 1285 of this title for any fiscal year shall from funds authorized for any fiscal year begin- be obligated in such State under authority of ning after September 30, 1978, to any State, mu- this sentence. nicipality, or intermunicipal or interstate agen- (2) The Administrator shall not make grants cy for the erection, building, acquisition, alter- from funds authorized for any fiscal year begin- ation, remodeling, improvement, or extension of ning after June 30, 1974, to any State, municipal- treatment works unless the grant applicant has ity, or intermunicipal or interstate agency for satisfactorily demonstrated to the Adminis- the erection, building, acquisition, alteration, trator that the applicant has analyzed the po- remodeling, improvement, or extension of treat- tential recreation and open space opportunities ment works unless the grant applicant has satis- in the planning of the proposed treatment factorily demonstrated to the Administrator works. that— (h) Grants to construct privately owned treat- (A) alternative waste management tech- ment works niques have been studied and evaluated and the works proposed for grant assistance will A grant may be made under this section to provide for the application of the best prac- construct a privately owned treatment works ticable waste treatment technology over the serving one or more principal residences or life of the works consistent with the purposes small commercial establishments constructed of this subchapter; and prior to, and inhabited on, December 27, 1977, (B) as appropriate, the works proposed for where the Administrator finds that— grant assistance will take into account and (1) a public body otherwise eligible for a allow to the extent practicable the application grant under subsection (g) of this section has of technology at a later date which will pro- applied on behalf of a number of such units vide for the reclaiming or recycling of water and certified that public ownership of such or otherwise eliminate the discharge of pollut- works is not feasible; ants. (2) such public body has entered into an agreement with the Administrator which (3) The Administrator shall not approve any guarantees that such treatment works will be grant after July 1, 1973, for treatment works properly operated and maintained and will under this section unless the applicant shows to comply with all other requirements of section the satisfaction of the Administrator that each 1284 of this title and includes a system of charges to assure that each recipient of waste 1 So in original. Probably should be ‘‘section’’. treatment services under such a grant will pay § 1281 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 360

its proportionate share of the cost of oper- not to exceed 10 per centum of such funds, to ad- ation and maintenance (including replace- vance to potential grant applicants under this ment); and subchapter the costs of facility planning or the (3) the total cost and environmental impact preparation of plans, specifications, and esti- of providing waste treatment services to such mates. residences or commercial establishments will (B) Such an advance shall be limited to the al- be less than the cost of providing a system of lowance for such costs which the Administrator collection and central treatment of such establishes under paragraph (1) of this sub- wastes. section, and shall be provided only to a poten- (i) Waste treatment management methods, proc- tial grant applicant which is a small community esses, and techniques to reduce energy re- and which in the judgment of the State would quirements otherwise be unable to prepare a request for a The Administrator shall encourage waste grant for construction costs under this section. (C) In the event a grant for construction costs treatment management methods, processes, and is made under this section for a project for techniques which will reduce total energy re- which an advance has been made under this quirements. paragraph, the Administrator shall reduce the (j) Grants for treatment works utilizing proc- amount of such grant by the allowance estab- esses and techniques of guidelines under sec- lished under paragraph (1) of this subsection. In tion 1314(d)(3) of this title the event no such grant is made, the State is au- The Administrator is authorized to make a thorized to seek repayment of such advance on grant for any treatment works utilizing proc- such terms and conditions as it may determine. esses and techniques meeting the guidelines pro- (m) Grants for State of California projects mulgated under section 1314(d)(3) of this title, if (1) Notwithstanding any other provisions of the Administrator determines it is in the public this subchapter, the Administrator is authorized interest and if in the cost effectiveness study to make a grant from any funds otherwise allot- made of the construction grant application for ted to the State of California under section 1285 the purpose of evaluating alternative treatment of this title to the project (and in the amount) works, the life cycle cost of the treatment specified in Order WQG 81–1 of the California works for which the grant is to be made does not State Water Resources Control Board. exceed the life cycle cost of the most cost effec- (2) Notwithstanding any other provision of tive alternative by more than 15 per centum. this chapter, the Administrator shall make a (k) Limitation on use of grants for publicly grant from any funds otherwise allotted to the owned treatment works State of California to the city of Eureka, Cali- No grant made after November 15, 1981, for a fornia, in connection with project numbered publicly owned treatment works, other than for C–06–2772, for the purchase of one hundred and facility planning and the preparation of con- thirty-nine acres of property as environmental struction plans and specifications, shall be used mitigation for siting of the proposed treatment to treat, store, or convey the flow of any indus- plant. trial user into such treatment works in excess of (3) Notwithstanding any other provision of a flow per day equivalent to fifty thousand gal- this chapter, the Administrator shall make a lons per day of sanitary waste. This subsection grant from any funds otherwise allotted to the shall not apply to any project proposed by a State of California to the city of San Diego, grantee which is carrying out an approved California, in connection with that city’s aqua- project to prepare construction plans and speci- culture sewage process (total resources recovery fications for a facility to treat wastewater, system) as an innovative and alternative waste which received its grant approval before May 15, treatment process. 1980. This subsection shall not be in effect after (n) Water quality problems; funds, scope, etc. November 15, 1981. (1) On and after October 1, 1984, upon the re- (l) Grants for facility plans, or plans, specifica- quest of the Governor of an affected State, the tions, and estimates for proposed project for Administrator is authorized to use funds avail- construction of treatment works; limitations, able to such State under section 1285 of this title allotments, advances, etc. to address water quality problems due to the im- (1) After December 29, 1981, Federal grants pacts of discharges from combined storm water shall not be made for the purpose of providing and sanitary sewer overflows, which are not assistance solely for facility plans, or plans, otherwise eligible under this subsection, where specifications, and estimates for any proposed correction of such discharges is a major priority project for the construction of treatment works. for such State. In the event that the proposed project receives (2) Beginning fiscal year 1983, the Adminis- a grant under this section for construction, the trator shall have available $200,000,000 per fiscal Administrator shall make an allowance in such year in addition to those funds authorized in grant for non-Federal funds expended during the section 1287 of this title to be utilized to address facility planning and advanced engineering and water quality problems of marine bays and estu- design phase at the prevailing Federal share aries subject to lower levels of water quality due under section 1282(a) of this title, based on the to the impacts of discharges from combined percentage of total project costs which the Ad- storm water and sanitary sewer overflows from ministrator determines is the general experience adjacent urban complexes, not otherwise eligible for such projects. under this subsection. Such sums may be used as (2)(A) Each State shall use a portion of the deemed appropriate by the Administrator as funds allotted to such State each fiscal year, but provided in paragraphs (1) and (2) of this sub- Page 361 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1281 section, upon the request of and demonstration 1977—Subsec. (g)(5). Pub. L. 95–217, § 12, added par. (5). of water quality benefits by the Governor of an Subsec. (g)(6). Pub. L. 95–217, § 13, added par. (6). affected State. Subsec. (h). Pub. L. 95–217, § 14, added subsec. (h). o Subsec. (i). Pub. L. 95–217, § 15, added subsec. (i). ( ) Capital financing plan Subsec. (j). Pub. L. 95–217, § 16, added subsec. (j). The Administrator shall encourage and assist EFFECTIVE DATE OF 1980 AMENDMENT applicants for grant assistance under this sub- chapter to develop and file with the Adminis- Section 2(g) of Pub. L. 96–483 provided that: ‘‘The trator a capital financing plan which, at a mini- amendments made by this section [amending sections 1281, 1284, and 1293 of this title, enacting provisions set mum— out as notes under section 1284 of this title, and amend- (1) projects the future requirements for ing provisions set out as a note under section 1284 of waste treatment services within the appli- this title] shall take effect on December 27, 1977.’’ cant’s jurisdiction for a period of no less than ten years; ENVIRONMENTAL PROTECTION AGENCY STATE AND TRIBAL ASSISTANCE GRANTS (2) projects the nature, extent, timing, and costs of future expansion and reconstruction Pub. L. 105–174, title III, May 1, 1998, 112 Stat. 92, pro- of treatment works which will be necessary to vided that: ‘‘Notwithstanding any other provision of satisfy the applicant’s projected future re- law, eligible recipients of the funds appropriated to the Environmental Protection Agency in the State and quirements for waste treatment services; and Tribal Assistance Grants account since fiscal year 1997 (3) sets forth with specificity the manner in and hereafter for multi-media or single media grants, which the applicant intends to finance such other than Performance Partnership Grants authorized future expansion and reconstruction. pursuant to Public Law 104–134 and Public Law 105–65 (p) Time limit on resolving certain disputes [see Grants to Indian Tribes for Pollution Prevention, Control, and Abatement notes set out below], for pollu- In any case in which a dispute arises with re- tion prevention, control, and abatement and related ac- spect to the awarding of a contract for construc- tivities have been and shall be those entities eligible tion of treatment works by a grantee of funds for grants under the Agency’s organic statutes.’’ under this subchapter and a party to such dis- PRIVATIZATION OF INFRASTRUCTURE ASSETS pute files an appeal with the Administrator under this subchapter for resolution of such dis- Pub. L. 104–303, title V, § 586, Oct. 12, 1996, 110 Stat. pute, the Administrator shall make a final deci- 3791, provided that: ‘‘(a) IN GENERAL.—Notwithstanding the provisions of sion on such appeal within 90 days of the filing title II of the Federal Water Pollution Control Act (33 of such appeal. U.S.C. 1281 et seq.), Executive Order 12803 [5 U.S.C. 601 (June 30, 1948, ch. 758, title II, § 201, as added note], or any other law or authority, an entity that re- Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 833; ceived Federal grant assistance for an infrastructure asset under the Federal Water Pollution Control Act amended Pub. L. 95–217, §§ 12–16, Dec. 27, 1977, 91 [33 U.S.C. 1251 et seq.] shall not be required to repay Stat. 1569, 1570; Pub. L. 96–483, §§ 2(d), 3, Oct. 21, any portion of the grant upon the lease or concession 1980, 94 Stat. 2361; Pub. L. 97–117, §§ 2(a), 3(a), 4–6, of the asset only if— 10(c), Dec. 29, 1981, 95 Stat. 1623–1626; Pub. L. ‘‘(1) ownership of the asset remains with the entity 100–4, title II, § 201, title III, § 316(c), Feb. 4, 1987, that received the grant; and 101 Stat. 15, 60.) ‘‘(2) the Administrator of the Environmental Pro- tection Agency determines that the lease or conces- AMENDMENTS sion furthers the purposes of such Act and approves 1987—Subsec. (g)(1). Pub. L. 100–4, § 316(c), substituted the lease or concession. ‘‘sentences, the Administrator’’ for ‘‘sentence, the Ad- ‘‘(b) LIMITATION.—The Administrator shall not ap- ministrator’’ and inserted ‘‘(A)’’ after ‘‘October 1, 1984, prove a total of more than 5 leases and concessions for’’ and ‘‘and (B) any purpose for which a grant may under this section.’’ be made under sections 1329(h) and (i) of this title (in- GRANTS TO STATES TO ADMINISTER COMPLETION AND cluding any innovative and alternative approaches for CLOSEOUT OF CONSTRUCTION GRANTS PROGRAM the control of nonpoint sources of pollution),’’ before ‘‘except that’’. Pub. L. 104–204, title III, Sept. 26, 1996, 110 Stat. 2912, Subsec. (p). Pub. L. 100–4, § 201, added subsec. (p). provided in part: ‘‘That notwithstanding any other pro- 1981—Subsec. (g)(1). Pub. L. 97–117, § 2(a), inserted pro- vision of law, beginning in fiscal year 1997 the Adminis- visions restricting, on or after Oct. 1, 1984, the cat- trator may make grants to States, from funds available egories of projects eligible for grants under this sub- for obligation in the State under title II of the Federal chapter and providing an exception to the restriction Water Pollution Control Act [33 U.S.C. 1281 et seq.], as for projects, other than specified projects, within the amended, for administering the completion and close- definition set forth in section 1292(2) of this title, but out of the State’s construction grants program, based limiting such exception to not more than 20 per cen- on a budget annually negotiated with the State’’. tum, as determined by the Governor of the State, of the WASTEWATER ASSISTANCE TO COLONIAS amount allotted to a State under section 1285 of this title for any fiscal year. Pub. L. 104–182, title III, § 307, Aug. 6, 1996, 110 Stat. Subsec. (k). Pub. L. 97–117, § 10(c), inserted provision 1688, provided that: that subsection not be in effect after Nov. 15, 1981. ‘‘(a) DEFINITIONS.—As used in this section: Subsec. (l). Pub. L. 97–117, § 3(a), added subsec. (l). ‘‘(1) BORDER STATE.—The term ‘border State’ means Subsec. (m). Pub. L. 97–117, § 4, added subsec. (m). Arizona, California, New Mexico, and Texas. Subsec. (n). Pub. L. 97–117, § 5, added subsec. (n). ‘‘(2) ELIGIBLE COMMUNITY.—The term ‘eligible com- Subsec. (o). Pub. L. 97–117, § 6, added subsec. (o). munity’ means a low-income community with eco- 1980—Subsec. (h). Pub. L. 96–483, § 2(d), struck out text nomic hardship that— following par. (3), relating to payment to the United ‘‘(A) is commonly referred to as a colonia; States by commercial users of that portion of the cost ‘‘(B) is located along the United States-Mexico of construction applicable to treatment of commercial border (generally in an unincorporated area); and wastes to the extent attributable to the Federal share ‘‘(C) lacks basic sanitation facilities such as of the cost of construction. household plumbing or a proper sewage disposal Subsec. (k). Pub. L. 96–483, § 3, added subsec. (k). system. § 1281 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 362

‘‘(3) TREATMENT WORKS.—The term ‘treatment grants annually from funds appropriated under this works’ has the meaning provided in section 212(2) of heading [‘‘ENVIRONMENTAL PROTECTION AGENCY’’ and the Federal Water Pollution Control Act (33 U.S.C. ‘‘STATE AND TRIBAL ASSISTANCE GRANTS’’], subject to 1292(2)). such terms and conditions as the Administrator shall ‘‘(b) GRANTS FOR WASTEWATER ASSISTANCE.—The Ad- establish, to any State or federally recognized Indian ministrator of the Environmental Protection Agency tribe for multimedia or single media pollution preven- and the heads of other appropriate Federal agencies are tion, control and abatement and related environmental authorized to award grants to a border State to provide activities at the request of the Governor or other ap- assistance to eligible communities for the planning, de- propriate State official or the tribe’’. sign, and construction or improvement of sewers, treat- ment works, and appropriate connections for waste- STATE MANAGEMENT OF CONSTRUCTION GRANT water treatment. ACTIVITIES ‘‘(c) USE OF FUNDS.—Each grant awarded pursuant to Pub. L. 104–134, title I, § 101(e) [title III], Apr. 26, 1996, subsection (b) shall be used to provide assistance to one 110 Stat. 1321–257, 1321–299; renumbered title I, Pub. L. or more eligible communities with respect to which the 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided in residents are subject to a significant health risk (as de- part: ‘‘That of the funds appropriated in the Construc- termined by the Administrator or the head of the Fed- tion Grants and Water Infrastructure/State Revolving eral agency making the grant) attributable to the lack Funds accounts since the appropriation for the fiscal of access to an adequate and affordable treatment year ending September 30, 1992, and hereafter, for mak- works for wastewater. ing grants for wastewater treatment works construc- ‘‘(d) COST SHARING.—The amount of a grant awarded tion projects, portions may be provided by the recipi- pursuant to this section shall not exceed 50 percent of ents to States for managing construction grant activi- the costs of carrying out the project that is the subject ties, on condition that the States agree to reimburse of the grant. the recipients from State funding sources’’. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section GRANTS TO TRUST TERRITORY OF THE PACIFIC ISLANDS, $25,000,000 for each of the fiscal years 1997 through AMERICAN SAMOA, GUAM, NORTHERN MARIANA IS- 1999.’’ LANDS, AND VIRGIN ISLANDS; WAIVER OF COLLECTOR SEWERS LIMITATION GRANTS TO INDIAN TRIBES FOR POLLUTION PREVENTION, CONTROL AND ABATEMENT Pub. L. 99–396, § 12(b), Aug. 27, 1986, 100 Stat. 841, pro- vided that: ‘‘In awarding grants to the Trust Territory Pub. L. 105–65, title III, Oct. 27, 1997, 111 Stat. 1373, of the Pacific Islands, American Samoa, Guam, the provided in part that: ‘‘$745,000,000 for grants to States, Northern Mariana Islands and the Virgin Islands under federally recognized tribes, and air pollution control section 201(g)(1) of the Clean Water Act (33 U.S.C. 1251 agencies for multi-media or single media pollution pre- et seq.) [subsec. (g)(1) of this section], the Adminis- vention, control and abatement and related activities trator of the Environmental Protection Agency may pursuant to the provisions set forth under this heading waive limitations regarding grant eligibility for sewer- in Public Law 104–134 [see below], provided that eligible age facilities and related appurtenances, insofar as recipients of these funds and the funds made available such limitations relate to collector sewers, based upon for this purpose since fiscal year 1996 and hereafter in- a determination that applying such limitations could clude States, federally recognized tribes, interstate hinder the alleviation of threats to public health and agencies, tribal consortia, and air pollution control water quality. In making such a determination, the Ad- agencies, as provided in authorizing statutes, subject to ministrator shall take into consideration the public such terms and conditions as the Administrator shall health and water quality benefits to be derived and the establish, and for making grants under section 103 of availability of alternate funding sources. The Adminis- the Clean Air Act [42 U.S.C. 7403] for particulate matter trator shall not award grants under this section for the monitoring and data collection activities’’. operation and maintenance of sewerage facilities, for Pub. L. 105–65, title III, Oct. 27, 1997, 111 Stat. 1374, construction of facilities which are not an essential provided in part: ‘‘That, hereafter from funds appro- component of the sewerage facilities, or any other ac- priated under this heading [‘‘ENVIRONMENTAL PROTEC- tivities or facilities which are not concerned with the TION AGENCY’’ and ‘‘STATE AND TRIBAL ASSISTANCE management of wastewater to alleviate threats to pub- GRANTS’’], the Administrator is authorized to make lic health and water quality.’’ [For termination of grants to federally recognized Indian governments for Trust Territory of the Pacific Islands, see note set out the development of multi-media environmental pro- preceding section 1681 of Title 48, Territories and Insu- grams: Provided further, That, hereafter, the funds lar Possessions.] available under this heading for grants to States, feder- ally recognized tribes, and air pollution control agen- ENVIRONMENTAL FINANCING AUTHORITY cies for multi-media or single media pollution preven- Section 12 of Pub. L. 92–500, as amended by Pub. L. tion, control and abatement and related activities may 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, provided that: also be used for the direct implementation by the Fed- ‘‘(a) [Short Title] This section may be cited as the eral Government of a program required by law in the Environmental Financing Act of 1972. absence of an acceptable State or tribal program’’. ‘‘(b) [Establishment] There is hereby created a body Similar provisions were contained in the following corporate to be known as the Environmental Financing prior appropriation acts: Authority, which shall have succession until dissolved Pub. L. 104–204, title III, Sept. 26, 1996, 110 Stat. 2912. by Act of Congress. The Authority shall be subject to Pub. L. 104–134, title I, § 101(e) [title III], Apr. 26, 1996, the general supervision and direction of the Secretary 110 Stat. 1321–257, 1321–299, renumbered title I, Pub. L. of the Treasury. The Authority shall be an instrumen- 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. tality of the United States Government and shall main- Pub. L. 103–327, title III, Sept. 28, 1994, 108 Stat. 2320. tain such offices as may be necessary or appropriate in Pub. L. 103–124, title III, Oct. 28, 1993, 107 Stat. 1293. the conduct of its business. Pub. L. 102–389, title III, Oct. 6, 1992, 106 Stat. 1597. ‘‘(c) [Congressional Declaration of Purpose] The pur- Pub. L. 102–139, title III, Oct. 28, 1991, 105 Stat. 762. pose of this section is to assure that inability to borrow Pub. L. 101–507, title III, Nov. 5, 1990, 104 Stat. 1372. necessary funds on reasonable terms does not prevent Pub. L. 104–134, title I, § 101(e) [title III], Apr. 26, 1996, any State or local public body from carrying out any 110 Stat. 1321–257, 1321–299; renumbered title I, Pub. L. project for construction of waste treatment works de- 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided in termined eligible for assistance pursuant to subsection part: ‘‘That beginning in fiscal year 1996 and each fiscal (e) of this section. year thereafter, and notwithstanding any other provi- ‘‘(d) [Board of Directors] (1) The Authority shall have sion of law, the Administrator is authorized to make a Board of Directors consisting of five persons, one of Page 363 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1281 whom shall be the Secretary of the Treasury or his des- Treasury, to issue and have outstanding obligations ignee as Chairman of the Board, and four of whom shall having such maturities and bearing such rate or rates be appointed by the President from among the officers of interest as may be determined by the Authority. or employees of the Authority or of any department or Such obligations may be redeemable at the option of agency of the United States Government. the Authority before maturity in such manner as may ‘‘(2) The Board of Directors shall meet at the call of be stipulated therein. its Chairman. The Board shall determine the general ‘‘(2) As authorized in appropriation Acts, and such policies which shall govern the operations of the Au- authorizations may be without fiscal year limitations, thority. The Chairman of the Board shall select and ef- the Secretary of the Treasury may in his discretion fect the appointment of qualified persons to fill the of- purchase or agree to purchase any obligations issued fices as may be provided for in the bylaws, with such pursuant to paragraph (1) of this subsection, and for executive functions, powers, and duties as may be pre- such purpose the Secretary of the Treasury is author- scribed by the bylaws or by the Board of Directors, and ized to use as a public debt transaction the proceeds of such persons shall be the executive officers of the Au- the sale of any securities hereafter issued under chap- thority and shall discharge all such executive func- ter 31 of title 31, as now or hereafter in force, and the tions, powers, and duties. The members of the Board, as purposes for which securities may be issued under chap- such, shall not receive compensation for their services. ter 31 of title 31, as now or hereafter in force, are ex- ‘‘(e) [Purchase of State and Local Obligations] (1) tended to include such purchases. Each purchase of ob- Until July 1, 1975, the Authority is authorized to make ligations by the Secretary of the Treasury under this commitments to purchase, and to purchase on terms subsection shall be upon such terms and conditions as and conditions determined by the Authority, any obli- to yield a return at a rate not less than a rate deter- gation or participation therein which is issued by a mined by the Secretary of the Treasury, taking into State or local public body to finance the non-Federal consideration the current average yield on outstanding share of the cost of any project for the construction of marketable obligations of the United States of com- waste treatment works which the Administrator of the parable maturities. The Secretary of the Treasury may Environmental Protection Agency has determined to sell, upon such terms and conditions and at such price be eligible for Federal financial assistance under the or prices as he shall determine, any of the obligations Federal Water Pollution Control Act [this chapter]. ‘‘(2) No commitment shall be entered into, and no acquired by him under this paragraph. All purchases purchase shall be made, unless the Administrator of and sales by the Secretary of the Treasury of such obli- the Environmental Protection Agency (A) has certified gations under this paragraph shall be treated as public that the public body is unable to obtain on reasonable debt transactions of the United States. (As amended terms sufficient credit to finance its actual needs; (B) Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067.) has approved the project as eligible under the Federal ‘‘(h) [Interest Differential] The Secretary of the Water Pollution Control Act [this chapter], and (C) has Treasury is authorized and directed to make annual agreed to guarantee timely payment of principal and payments to the Authority in such amounts as are nec- interest on the obligation. The Administrator is au- essary to equal the amount by which the dollar amount thorized to guarantee such timely payments and to of interest expense accrued by the Authority on ac- issue regulations as he deems necessary and proper to count of its obligations exceeds the dollar amount of protect such guarantees. Appropriations are hereby au- interest income accrued by the Authority on account of thorized to be made to the Administrator in such sums obligations purchased by it pursuant to subsection (e) as are necessary to make payments under such guaran- of this section. tees, and such payments are authorized to be made ‘‘(i) [Powers] The Authority shall have power— from such appropriations. ‘‘(1) to sue and be sued, complain and defend, in its ‘‘(3) No purchase shall be made of obligations issued corporate name; to finance projects, the permanent financing of which ‘‘(2) to adopt, alter, and use a corporate seal, which occurred prior to the enactment of this section [Oct. 18, shall be judicially noticed; 1972]. ‘‘(3) to adopt, amend, and repeal bylaws, rules, and ‘‘(4) Any purchase by the Authority shall be upon regulations as may be necessary for the conduct of its such terms and conditions as to yield a return at a rate business; determined by the Secretary of the Treasury taking ‘‘(4) to conduct its business, carry on its operations, into consideration (A) the current average yield on out- and have offices and exercise the powers granted by standing marketable obligations of the United States this section in any State without regard to any quali- of comparable maturity or in its stead whenever the fication or similar statute in any State; Authority has sufficient of its own long-term obliga- ‘‘(5) to lease, purchase, or otherwise acquire, own, tions outstanding, the current average yield on out- hold, improve, use, or otherwise deal in and with any standing obligations of the Authority of comparable property, real, personal, or mixed, or any interest maturity; and (B) the market yields on municipal therein, wherever situated; bonds. ‘‘(6) to accept gifts or donations of services, or of ‘‘(5) The Authority is authorized to charge fees for its property, real, personal, or mixed, tangible or intan- commitments and other services adequate to cover all gible, in aid of any of the purposes of the Authority; expenses and to provide for the accumulation of reason- ‘‘(7) to sell, convey, mortgage, pledge, lease, ex- able contingency reserves and such fees shall be in- change, and otherwise dispose of its property and as- cluded in the aggregate project costs. sets; ‘‘(f) [Initial Capital] To provide initial capital to the ‘‘(8) to appoint such officers, attorneys, employees, Authority the Secretary of the Treasury is authorized and agents as may be required, to define their duties, to advance the funds necessary for this purpose. Each to fix and to pay such compensation for their services such advance shall be upon such terms and conditions as may be determined, subject to the civil service and as to yield a return at a rate not less than a rate deter- classification laws, to require bonds for them and pay mined by the Secretary of the Treasury taking into the premium thereof; and consideration the current average yield on outstanding ‘‘(9) to enter into contracts, to execute instru- marketable obligations of the United States of com- ments, to incur liabilities, and to do all things as are parable maturities. Interest payments on such ad- necessary or incidental to the proper management of vances may be deferred, at the discretion of the Sec- its affairs and the proper conduct of its business. retary, but any such deferred payments shall them- ‘‘(j) [Tax Exemption, Exemptions] The Authority, its selves bear interest at the rate specified in this section. property, its franchise, capital, reserves, surplus, secu- There is authorized to be appropriated not to exceed rity holdings, and other funds, and its income shall be $100,000,000, which shall be available for the purposes of exempt from all taxation now or hereafter imposed by this subsection. the United States or by any State or local taxing au- ‘‘(g) [Issuance of Obligations] (1) The Authority is au- thority; except that (A) any real property and any tan- thorized, with the approval of the Secretary of the gible personal property of the Authority shall be sub- § 1281a TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 364 ject to Federal, State, and local taxation to the same REFERENCES IN TEXT extent according to its value as other such property is Section 3102 of title 42, referred to in par. (2), was taxed, and (B) any and all obligations issued by the Au- omitted from the Code pursuant to section 5316 of Title thority shall be subject both as to principal and inter- 42, The Public Health and Welfare, which terminated est to Federal, State, and local taxation to the same the authority to make grants or loans under that sec- extent as the obligations of private corporations are tion after Jan. 1, 1975. taxed. ‘‘(k) [Nature of Obligations] All obligations issued by CODIFICATION the Authority shall be lawful investments, and may be Section was enacted as part of the Clean Water Act accepted as security for all fiduciary, trust, and public of 1977, Pub. L. 95–217, and not as part of the Federal funds, the investment or deposit of which shall be Water Pollution Control Act which comprises this under authority or control of the United States or of chapter. any officer or officers thereof. All obligations issued by the Authority pursuant to this section shall be deemed § 1281b. Availability of Farmers Home Adminis- to be exempt securities within the meaning of laws ad- tration funds for non-Federal share ministered by the Securities and Exchange Commis- sion, to the same extent as securities which are issued Notwithstanding any other provision of law, by the United States. Federal assistance made available by the Farm- ‘‘(l) [Preparation of Obligations by Secretary of the ers Home Administration to any political sub- Treasury] In order to furnish obligations for delivery by the Authority, the Secretary of the Treasury is au- division of a State may be used to provide the thorized to prepare such obligations in such form as the non-Federal share of the cost of any construc- Authority may approve, such obligations when pre- tion project carried out under section 1281 of pared to be held in the Treasury subject to delivery this title. upon order by the Authority. The engraved plates, dies, bed pieces, and so forth, executed in connection there- (Pub. L. 100–4, title II, § 202(f), Feb. 4, 1987, 101 with, shall remain in the custody of the Secretary of Stat. 16.) the Treasury. The Authority shall reimburse the Sec- CODIFICATION retary of the Treasury for any expenditures made in the preparation, custody, and delivery of such obliga- Section was enacted as part of the Water Quality Act tions. of 1987, and not as part of the Federal Water Pollution ‘‘(m) [Annual Report to Congress] The Authority Control Act which comprises this chapter. shall, as soon as practicable after the end of each fiscal year, transmit to the President and the Congress an an- § 1282. Federal share nual report of its operations and activities. (a) Amount of grants for treatment works ‘‘(n) [Subsec. (n) amended section 24 of Title 12, Banks and Banking, and is not set out herein.] (1) The amount of any grant for treatment ‘‘(o) [Financial Controls] The budget and audit provi- works made under this chapter from funds au- sions of chapter 91 of title 31 shall be applicable to the thorized for any fiscal year beginning after June Environmental Financing Authority in the same man- 30, 1971, and ending before October 1, 1984, shall ner as they are applied to the wholly owned Govern- be 75 per centum of the cost of construction ment corporations. (As amended Pub. L. 97–258, § 4(b), thereof (as approved by the Administrator), and Sept. 13, 1982, 96 Stat. 1067.) for any fiscal year beginning on or after October ‘‘(p) [Subsec. (p) amended section 711 of former Title 1, 1984, shall be 55 per centum of the cost of con- 31, Money and Finance, and is not set out herein.]’’ struction thereof (as approved by the Adminis- trator), unless modified to a lower percentage § 1281a. Total treatment system funding rate uniform throughout a State by the Gov- Notwithstanding any other provision of law, in ernor of that State with the concurrence of the any case where the Administrator of the Envi- Administrator. Within ninety days after October ronmental Protection Agency finds that the 21, 1980, the Administrator shall issue guidelines total of all grants made under section 1281 of for concurrence in any such modification, which this title for the same treatment works exceeds shall provide for the consideration of the unobli- the actual construction costs for such treatment gated balance of sums allocated to the State works (as defined in this chapter) such excess under section 1285 of this title, the need for as- amount shall be a grant of the Federal share (as sistance under this subchapter in such State, defined in this chapter) of the cost of construc- and the availability of State grant assistance to tion of a sewage collection system if— replace the Federal share reduced by such modi- (1) such sewage collection system was con- fication. The payment of any such reduced Fed- structed as part of the same total treatment eral share shall not constitute an obligation on system as the treatment works for which such the part of the United States or a claim on the grants under section 1281 of this title were ap- part of any State or grantee to reimbursement proved, and for the portion of the Federal share reduced in (2) an application for assistance for the con- any such State. Any grant (other than for reim- struction of such sewage collection system bursement) made prior to October 18, 1972, from was filed in accordance with section 3102 of any funds authorized for any fiscal year begin- title 42 before all such grants under section ning after June 30, 1971, shall, upon the request 1281 of this title were made and such grant of the applicant, be increased to the applicable under section 3102 of title 42 could not be ap- percentage under this section. Notwithstanding proved due to lack of funding under such sec- the first sentence of this paragraph, in any case tion 3102 of title 42. where a primary, secondary, or advanced waste treatment facility or its related interceptors or The total of all grants for sewage collection sys- a project for infiltration-in-flow correction has tems made under this section shall not exceed received a grant for erection, building, acquisi- $2,800,000. tion, alteration, remodeling, improvement, ex- (Pub. L. 95–217, § 78, Dec. 27, 1977, 91 Stat. 1611.) tension, or correction before October 1, 1984, all Page 365 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1282 segments and phases of such facility, intercep- biodisc equipment (rotating biological contac- tors, and project for infiltration-in-flow correc- tors) in any publicly owned treatment works if tion shall be eligible for grants at 75 per centum the Administrator finds that such equipment of the cost of construction thereof for any grant has failed to meet design performance specifica- made pursuant to a State obligation which obli- tions, unless such failure is attributable to neg- gation occurred before October 1, 1990. Notwith- ligence on the part of any person, and if such standing the first sentence of this paragraph, in failure has significantly increased capital or op- the case of a project for which an application for erating and maintenance expenditures. a grant under this subchapter has been made to (4) For the purposes of this section, the term the Administrator before October 1, 1984, and ‘‘eligible treatment works’’ means those treat- which project is under judicial injunction on ment works in each State which meet the re- such date prohibiting its construction, such quirements of section 1281(g)(5) of this title and project shall be eligible for grants at 75 percent which can be fully funded from funds available of the cost of construction thereof. Notwith- for such purpose in such State. standing the first sentence of this paragraph, in (b) Amount of grants for construction of treat- the case of the Wyoming Valley Sanitary Au- ment works not commenced prior to July 1, thority project mandated by judicial order 1971 under a proceeding begun prior to October 1, The amount of the grant for any project ap- 1984, and a project for wastewater treatment for proved by the Administrator after January 1, Altoona, Pennsylvania, such projects shall be el- 1971, and before July 1, 1971, for the construction igible for grants at 75 percent of the cost of con- of treatment works, the actual erection, build- struction thereof. (2) The amount of any grant made after Sep- ing or acquisition of which was not commenced tember 30, 1978, and before October 1, 1981, for prior to July 1, 1971, shall, upon the request of any eligible treatment works or significant por- the applicant, be increased to the applicable per- tion thereof utilizing innovative or alternative centage under subsection (a) of this section for wastewater treatment processes and techniques grants for treatment works from funds for fiscal referred to in section 1281(g)(5) of this title shall years beginning after June 30, 1971, with respect be 85 per centum of the cost of construction to the cost of such actual erection, building, or thereof, unless modified by the Governor of the acquisition. Such increased amount shall be State with the concurrence of the Administrator paid from any funds allocated to the State in to a percentage rate no less than 15 per centum which the treatment works is located without greater than the modified uniform percentage regard to the fiscal year for which such funds rate in which the Administrator has concurred were authorized. Such increased amount shall be pursuant to paragraph (1) of this subsection. The paid for such project only if— amount of any grant made after September 30, (1) a sewage collection system that is a part 1981, for any eligible treatment works or unit of the same total waste treatment system as processes and techniques thereof utilizing inno- the treatment works for which such grant was vative or alternative wastewater treatment approved is under construction or is to be con- processes and techniques referred to in section structed for use in conjunction with such 1281(g)(5) of this title shall be a percentage of treatment works, and if the cost of such sew- the cost of construction thereof equal to 20 per age collection system exceeds the cost of such centum greater than the percentage in effect treatment works, and (2) the State water pollution control agency under paragraph (1) of this subsection for such or other appropriate State authority certifies works or unit processes and techniques, but in that the quantity of available ground water no event greater than 85 per centum of the cost will be insufficient, inadequate, or unsuitable of construction thereof. No grant shall be made for public use, including the ecological preser- under this paragraph for construction of a treat- vation and recreational use of surface water ment works in any State unless the proportion bodies, unless effluents from publicly-owned of the State contribution to the non-Federal treatment works after adequate treatment are share of construction costs for all treatment returned to the ground water consistent with works in such State receiving a grant under this acceptable technological standards. paragraph is the same as or greater than the proportion of the State contribution (if any) to (c) Availability of sums allotted to Puerto Rico the non-Federal share of construction costs for Notwithstanding any other provision of law, all treatment works receiving grants in such sums allotted to the Commonwealth of Puerto State under paragraph (1) of this subsection. Rico under section 1285 of this title for fiscal (3) In addition to any grant made pursuant to year 1981 shall remain available for obligation paragraph (2) of this subsection, the Adminis- for the fiscal year for which authorized and for trator is authorized to make a grant to fund all the period of the next succeeding twenty-four of the costs of the modification or replacement months. Such sums and any unobligated funds of any facilities constructed with a grant made available to Puerto Rico from allotments for fis- pursuant to paragraph (2) if the Administrator cal years ending prior to October 1, 1981, shall be finds that such facilities have not met design available for obligation by the Administrator of performance specifications unless such failure is the Environmental Protection Agency only to attributable to negligence on the part of any fund the following systems: Aguadilla, Arecibo, person and if such failure has significantly in- Mayaguez, Carolina, and Camuy Hatillo. These creased capital or operating and maintenance funds may be used by the commonwealth of expenditures. In addition, the Administrator is Puerto Rico to fund the non-Federal share of the authorized to make a grant to fund all of the costs of such projects. To the extent that these costs of the modification or replacement of funds are used to pay the non-Federal share, the § 1283 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 366

Commonwealth of Puerto Rico shall repay to Subsec. (a)(4). Pub. L. 97–117, § 8(b), struck out ‘‘in the the Environmental Protection Agency such fiscal years ending September 30, 1979, September 30, amounts on terms and conditions developed and 1980, and September 30, 1981’’ after ‘‘purpose in such approved by the Administrator in consultation State’’ and provision that excluded from term ‘‘eligible treatment works’’ collector sewers, interceptors, storm with the Governor of the Commonwealth of or sanitary sewers or the separation thereof, or major Puerto Rico. Agreement on such terms and con- sewer rehabilitation. ditions, including the payment of interest to be 1980—Subsec. (a)(1). Pub. L. 96–483, § 9(a), inserted pro- determined by the Secretary of the Treasury, visions relating to modification to a lower percentage shall be reached prior to the use of these funds rate by the Governor of the State and issuance of for the Commonwealth’s non-Federal share. No guidelines by the Administrator for the concurrence in Federal funds awarded under this provision shall any such modification. be used to replace local governments funds pre- Subsec. (a)(2). Pub. L. 96–483, § 9(b), inserted provision relating to the modification by the Governor of the viously expended on these projects. State to a percentage rate no less than 15 per centum (June 30, 1948, ch. 758, title II, § 202, as added greater than the modified uniform rate in which the Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 834; Administrator has concurred. amended Pub. L. 95–217, § 17, Dec. 27, 1977, 91 1977—Subsec. (a). Pub. L. 95–217 designated existing Stat. 1571; Pub. L. 96–483, § 9, Oct. 21, 1980, 94 provisions as par. (1) and added pars. (2) to (4). Stat. 2362; Pub. L. 97–117, §§ 7, 8(a), (b), Dec. 29, PROMULGATION OF FEDERAL SHARES 1981, 95 Stat. 1625; Pub. L. 97–357, title V, § 501, Act July 9, 1956, ch. 518, § 4, 70 Stat. 507, authorized Oct. 19, 1982, 96 Stat. 1712; Pub. L. 100–4, title II, the Surgeon General to promulgate Federal shares § 202(a)–(d), Feb. 4, 1987, 101 Stat. 15, 16.) under the Federal Water Pollution Control Grant Pro- gram as soon as possible after July 9, 1956, in the man- AMENDMENTS ner specified in the Water Pollution Control Act, act 1987—Subsec. (a)(1). Pub. L. 100–4, § 202(a), inserted June 30, 1948, ch. 758, 62 Stat. 1155, and provided that ‘‘for any grant made pursuant to a State obligation such shares were to be conclusive for the purposes of which obligation occurred before October 1, 1990’’ be- section 5 of act June 30, 1948. fore period at end of last sentence. Pub. L. 100–4, § 202(b), inserted at end ‘‘Notwithstand- § 1283. Plans, specifications, estimates, and pay- ing the first sentence of this paragraph, in the case of ments a project for which an application for a grant under this subchapter has been made to the Administrator be- (a) Submission; contractual nature of approval fore October 1, 1984, and which project is under judicial by Administrator; agreement on eligible injunction on such date prohibiting its construction, costs; single grant such project shall be eligible for grants at 75 percent of the cost of construction thereof.’’ (1) Each applicant for a grant shall submit to Pub. L. 100–4, § 202(c), inserted at end ‘‘Notwithstand- the Administrator for his approval, plans, speci- ing the first sentence of this paragraph, in the case of fications, and estimates for each proposed the Wyoming Valley Sanitary Authority project man- project for the construction of treatment works dated by judicial order under a proceeding begun prior for which a grant is applied for under section to October 1, 1984, and a project for wastewater treat- ment for Altoona, Pennsylvania, such projects shall be 1281(g)(1) of this title from funds allotted to the eligible for grants at 75 percent of the cost of construc- State under section 1285 of this title and which tion thereof.’’ otherwise meets the requirements of this chap- Subsec. (a)(3). Pub. L. 100–4, § 202(d), inserted at end ter. The Administrator shall act upon such ‘‘In addition, the Administrator is authorized to make plans, specifications, and estimates as soon as a grant to fund all of the costs of the modification or practicable after the same have been submitted, replacement of biodisc equipment (rotating biological and his approval of any such plans, specifica- contactors) in any publicly owned treatment works if the Administrator finds that such equipment has failed tions, and estimates shall be deemed a contrac- to meet design performance specifications, unless such tual obligation of the United States for the pay- failure is attributable to negligence on the part of any ment of its proportional contribution to such person, and if such failure has significantly increased project. capital or operating and maintenance expenditures.’’ (2) AGREEMENT ON ELIGIBLE COSTS.— 1982—Subsec. (c). Pub. L. 97–357 added subsec. (c). (A) LIMITATION ON MODIFICATIONS.—Before 1981—Subsec. (a)(1). Pub. L. 97–117, § 7, inserted ‘‘and taking final action on any plans, specifica- ending before October 30, 1984,’’ after ‘‘June 30, 1971,’’ and ‘‘and for any fiscal year beginning on or after Octo- tions, and estimates submitted under this sub- ber 1, 1984, shall be 55 per centum of the cost of con- section after the 60th day following February struction thereof (as approved by the Administrator),’’ 4, 1987, the Administrator shall enter into a after ‘‘(as approved by the Administrator),’’ and provi- written agreement with the applicant which sion that notwithstanding first sentence of this para- establishes and specifies which items of the graph, in any case where primary, secondary, or ad- proposed project are eligible for Federal pay- vanced waste treatment facility or its related intercep- ments under this section. The Administrator tors or a project for infiltration-in-flow correction has may not later modify such eligibility deter- received a grant for building, acquisition, etc., before Oct. 1, 1984, all segments and phases be eligible for minations unless they are found to have been grants at 75 per centum of the cost of construction. made in violation of applicable Federal stat- Subsec. (a)(2). Pub. L. 97–117, § 8(a), inserted provision utes and regulations. that the amount of any grant made after Sept. 30, 1981, (B) LIMITATION ON EFFECT.—Eligibility deter- for any eligible treatment works or unit processes or minations under this paragraph shall not pre- techniques, utilizing innovative or alternative waste- clude the Administrator from auditing a water treatment processes or techniques referred to in project pursuant to section 1361 of this title, section 1281(g)(5) of this title be a percentage of the cost of construction equal to 20 per centum greater or other authority, or from withholding or re- than the percentage in effect under par. (1) of this sub- covering Federal funds for costs which are section, but in no event greater than 85 per centum of found to be unreasonable, unsupported by ade- the cost of construction. quate documentation, or otherwise unallow- Page 367 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1283

able under applicable Federal cost principles, (2) Limitation on projects or which are incurred on a project which fails Agreements under this subsection shall be to meet the design specifications or effluent limited to projects under an approved facility limitations contained in the grant agreement plan which projects are— and permit pursuant to section 1342 of this (A) treatment works that have an esti- title for such project. mated total cost of $8,000,000 or less; and (3) In the case of a treatment works that has (B) any of the following types of waste an estimated total cost of $8,000,000 or less (as water treatment systems: aerated lagoons, determined by the Administrator), and the pop- trickling filters, stabilization ponds, land ulation of the applicant municipality is twenty- application systems, sand filters, and sub- five thousand or less (according to the most re- surface disposal systems. cent United States census), upon completion of (3) Required terms an approved facility plan, a single grant may be An agreement entered into under this sub- awarded for the combined Federal share of the section shall— cost of preparing construction plans and speci- (A) set forth an amount agreed to as the fications, and the building and erection of the maximum Federal contribution to the treatment works. project, based upon a competitively bid doc- ument of basic design data and applicable (b) Periodic payments standard construction specifications and a The Administrator shall, from time to time as determination of the federally eligible costs the work progresses, make payments to the re- of the project at the applicable Federal cipient of a grant for costs of construction in- share under section 1282 of this title; curred on a project. These payments shall at no (B) set forth dates for the start and com- time exceed the Federal share of the cost of con- pletion of construction of the treatment struction incurred to the date of the voucher works by the applicant and a schedule of covering such payment plus the Federal share of payments of the Federal contribution to the the value of the materials which have been project; stockpiled in the vicinity of such construction (C) contain assurances by the applicant in conformity to plans and specifications for the that (i) engineering and management assist- project. ance will be provided to manage the project; (ii) the proposed treatment works will be an (c) Final payments operable unit and will meet all the require- After completion of a project and approval of ments of this subchapter; and (iii) not later the final voucher by the Administrator, he shall than 1 year after the date specified as the pay out of the appropriate sums the unpaid bal- date of completion of construction of the ance of the Federal share payable on account of treatment works, the treatment works will such project. be operating so as to meet the requirements of any applicable permit for such treatment (d) Projects eligible works under section 1342 of this title; Nothing in this chapter shall be construed to (D) require the applicant to obtain a bond require, or to authorize the Administrator to re- from the contractor in an amount deter- quire, that grants under this chapter for con- mined necessary by the Administrator to struction of treatment works be made only for protect the Federal interest in the project; projects which are operable units usable for sew- and age collection, transportation, storage, waste (E) contain such other terms and condi- treatment, or for similar purposes without addi- tions as are necessary to assure compliance tional construction. with this subchapter (except as provided in paragraph (4) of this subsection). (e) Technical and legal assistance in administra- tion and enforcement of contracts; interven- (4) Limitation on application tion in civil actions Subsections (a), (b), and (c) of this section At the request of a grantee under this sub- shall not apply to grants made pursuant to chapter, the Administrator is authorized to pro- this subsection. vide technical and legal assistance in the admin- (5) Reservation to assure compliance istration and enforcement of any contract in The Administrator shall reserve a portion of connection with treatment works assisted under the grant to assure contract compliance until this subchapter, and to intervene in any civil ac- final project approval as defined by the Ad- tion involving the enforcement of such a con- ministrator. If the amount agreed to under tract. paragraph (3)(A) exceeds the cost of designing and constructing the treatment works, the Ad- (f) Design/build projects ministrator shall reallot the amount of the ex- (1) Agreement cess to the State in which such treatment Consistent with State law, an applicant who works are located for the fiscal year in which proposes to construct waste water treatment such audit is completed. works may enter into an agreement with the (6) Limitation on obligations Administrator under this subsection providing The Administrator shall not obligate more for the preparation of construction plans and than 20 percent of the amount allotted to a specifications and the erection of such treat- State for a fiscal year under section 1285 of ment works, in lieu of proceeding under the this title for grants pursuant to this sub- other provisions of this section. section. § 1284 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 368

(7) Allowance § 1284. Limitations and conditions The Administrator shall determine an allow- (a) Determinations by Administrator ance for facilities planning for projects con- Before approving grants for any project for structed under this subsection in accordance any treatment works under section 1281(g)(1) of with section 1281(l) of this title. this title the Administrator shall determine— (8) Limitation on Federal contributions (1) that any required areawide waste treat- In no event shall the Federal contribution ment management plan under section 1288 of for the cost of preparing construction plans this title (A) is being implemented for such and specifications and the building and erec- area and the proposed treatment works are in- tion of treatment works pursuant to this sub- cluded in such plan, or (B) is being developed section exceed the amount agreed upon under for such area and reasonable progress is being paragraph (3). made toward its implementation and the pro- posed treatment works will be included in (9) Recovery action such plan; In any case in which the recipient of a grant (2) that (A) the State in which the project is made pursuant to this subsection does not to be located (i) is implementing any required comply with the terms of the agreement en- plan under section 1313(e) of this title and the tered into under paragraph (3), the Adminis- proposed treatment works are in conformity trator is authorized to take such action as with such plan, or (ii) is developing such a may be necessary to recover the amount of the plan and the proposed treatment works will be Federal contribution to the project. in conformity with such plan, and (B) such (10) Prevention of double benefits State is in compliance with section 1315(b) of this title; A recipient of a grant made pursuant to this (3) that such works have been certified by subsection shall not be eligible for any other the appropriate State water pollution control grants under this subchapter for the same agency as entitled to priority over such other project. works in the State in accordance with any ap- (June 30, 1948, ch. 758, title II, § 203, as added plicable State plan under section 1313(e) of Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 835; this title, except that any priority list devel- amended Pub. L. 93–243, § 2, Jan. 2, 1974, 87 Stat. oped pursuant to section 1313(e)(3)(H) of this 1069; Pub. L. 95–217, §§ 18, 19, Dec. 27, 1977, 91 Stat. title may be modified by such State in accord- 1571, 1572; Pub. L. 96–483, § 6, Oct. 21, 1980, 94 Stat. ance with regulations promulgated by the Ad- 2362; Pub. L. 97–117, § 9, Dec. 29, 1981, 95 Stat. 1626; ministrator to give higher priority for grants Pub. L. 100–4, title II, §§ 203, 204, Feb. 4, 1987, 101 for the Federal share of the cost of preparing Stat. 16, 17.) construction drawings and specifications for any treatment works utilizing processes and AMENDMENTS techniques meeting the guidelines promul- 1987—Subsec. (a). Pub. L. 100–4, § 203, designated pro- gated under section 1314(d)(3) of this title and vision relating to submission of plans, specifications, for grants for the combined Federal share of and estimates, and provision relating to contractual the cost of preparing construction drawings nature of approval by Administrator as par. (1), des- and specifications and the building and erec- ignated provision relating to requirements for award- tion of any treatment works meeting the re- ing single grant for combined Federal share of cost of preparing plans and specifications, and building and quirements of the next to the last sentence of erection of treatment works as par. (3), and added par. section 1283(a) of this title which utilizes proc- (2). esses and techniques meeting the guidelines Subsec. (f). Pub. L. 100–4, § 204, added subsec. (f). promulgated under section 1314(d)(3) of this 1981—Subsec. (a). Pub. L. 97–117 substituted title.1 ‘‘$8,000,000’’ for ‘‘$4,000,000’’ and struck out provision (4) that the applicant proposing to construct that, if any State is found by the Administrator to such works agrees to pay the non-Federal have unusually high costs of construction, the Admin- costs of such works and has made adequate istrator may authorize a single grant where the esti- provisions satisfactory to the Administrator mated total cost of the treatment works does not ex- ceed $5,000,000. for assuring proper and efficient operation, in- 1980—Subsec. (a). Pub. L. 96–483 substituted cluding the employment of trained manage- ‘‘$4,000,000’’ and ‘‘$5,000,000’’ for ‘‘$2,000,000’’ and ment and operations personnel, and the main- ‘‘$3,000,000’’, respectively. tenance of such works in accordance with a 1977—Subsec. (a). Pub. L. 95–217, § 18, provided that, in plan of operation approved by the State water the case of a treatment works that has an estimated pollution control agency or, as appropriate, total cost of $2,000,000 or less (as determined by the Ad- the interstate agency, after construction ministrator), and the population of the applicant mu- thereof; nicipality is twenty-five thousand or less (according to the most recent United States census), upon comple- (5) that the size and capacity of such works tion of an approved facility plan, a single grant may be relate directly to the needs to be served by awarded for the combined Federal share of the cost of such works, including sufficient reserve capac- preparing construction plans and specifications, and ity. The amount of reserve capacity provided the building and erection of the treatment works, and shall be approved by the Administrator on the that, if any State is found by the Administrator to basis of a comparison of the cost of construct- have unusually high costs of construction, the Admin- ing such reserves as a part of the works to be istrator may authorize a single grant where the esti- funded and the anticipated cost of providing mated total cost of the treatment works does not ex- ceed $3,000,000. expanded capacity at a date when such capac- Subsec. (e). Pub. L. 95–217, § 19, added subsec. (e). 1974—Subsec. (d). Pub. L. 93–243 added subsec. (d). 1 So in original. The period probably should be a semicolon. Page 369 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1284

ity will be required, after taking into account, diction, as determined by the Administrator, in accordance with regulations promulgated will pay its proportionate share (except as by the Administrator, efforts to reduce total otherwise provided in this paragraph) of the flow of sewage and unnecessary water con- costs of operation and maintenance (including sumption. The amount of reserve capacity eli- replacement) of any waste treatment services gible for a grant under this subchapter shall be provided by the applicant; and (B) has legal, in- determined by the Administrator taking into stitutional, managerial, and financial capability account the projected population and associ- to insure adequate construction, operation, and ated commercial and industrial establish- maintenance of treatment works throughout the ments within the jurisdiction of the applicant applicant’s jurisdiction, as determined by the to be served by such treatment works as iden- Administrator. In any case where an applicant tified in an approved facilities plan, an area- which, as of December 27, 1977, uses a system of wide plan under section 1288 of this title, or an dedicated ad valorem taxes and the Adminis- applicable municipal master plan of develop- trator determines that the applicant has a sys- ment. For the purpose of this paragraph, sec- tem of charges which results in the distribution tion 1288 of this title, and any such plan, pro- of operation and maintenance costs for treat- jected population shall be determined on the ment works within the applicant’s jurisdiction, basis of the latest information available from to each user class, in proportion to the contribu- the United States Department of Commerce or tion to the total cost of operation and mainte- from the States as the Administrator, by regu- nance of such works by each user class (taking lation, determines appropriate. Beginning Oc- into account total waste water loading of such tober 1, 1984, no grant shall be made under this works, the constituent elements of the wastes, subchapter to construct that portion of any and other appropriate factors), and such appli- treatment works providing reserve capacity in cant is otherwise in compliance with clause (A) excess of existing needs (including existing of this paragraph with respect to each industrial needs of residential, commercial, industrial, user, then such dedicated ad valorem tax system and other users) on the date of approval of a shall be deemed to be the user charge system grant for the erection, building, acquisition, meeting the requirements of clause (A) of this alteration, remodeling, improvement, or ex- paragraph for the residential user class and such tension of a project for secondary treatment small non-residential user classes as defined by or more stringent treatment or new intercep- the Administrator. In defining small non-resi- tors and appurtenances, except that in no dential users, the Administrator shall consider event shall reserve capacity of a facility and the volume of wastes discharged into the treat- its related interceptors to which this sub- ment works by such users and the constituent section applies be in excess of existing needs elements of such wastes as well as such other on October 1, 1990. In any case in which an ap- factors as he deems appropriate. A system of plicant proposes to provide reserve capacity user charges which imposes a lower charge for greater than that eligible for Federal financial low-income residential users (as defined by the assistance under this subchapter, the incre- Administrator) shall be deemed to be a user mental costs of the additional reserve capac- charge system meeting the requirements of ity shall be paid by the applicant; clause (A) of this paragraph if the Administrator (6) that no specification for bids in connec- determines that such system was adopted after tion with such works shall be written in such public notice and hearing. a manner as to contain proprietary, exclusion- (2) The Administrator shall, within one hun- ary, or discriminatory requirements other dred and eighty days after October 18, 1972, and than those based upon performance, unless after consultation with appropriate State, inter- such requirements are necessary to test or state, municipal, and intermunicipal agencies, demonstrate a specific thing or to provide for issue guidelines applicable to payment of waste necessary interchangeability of parts and treatment costs by industrial and nonindustrial equipment. When in the judgment of the recipients of waste treatment services which grantee, it is impractical or uneconomical to shall establish (A) classes of users of such serv- make a clear and accurate description of the ices, including categories of industrial users; (B) technical requirements, a ‘‘brand name or criteria against which to determine the ade- equal’’ description may be used as a means to quacy of charges imposed on classes and cat- define the performance or other salient re- egories of users reflecting all factors that influ- quirements of a procurement, and in doing so ence the cost of waste treatment, including the grantee need not establish the existence of strength, volume, and delivery flow rate charac- any source other than the brand or source so teristics of waste; and (C) model systems and named. rates of user charges typical of various treat- ment works serving municipal-industrial com- (b) Additional determinations; issuance of guide- munities. lines; approval by Administrator; system of (3) Approval by the Administrator of a grant charges to an interstate agency established by inter- (1) Notwithstanding any other provision of state compact for any treatment works shall this subchapter, the Administrator shall not ap- satisfy any other requirement that such works prove any grant for any treatment works under be authorized by Act of Congress. section 1281(g)(1) of this title after March 1, 1973, (4) A system of charges which meets the re- unless he shall first have determined that the quirement of clause (A) of paragraph (1) of this applicant (A) has adopted or will adopt a system subsection may be based on something other of charges to assure that each recipient of waste than metering the sewage or water supply flow treatment services within the applicant’s juris- of residential recipients of waste treatment § 1284 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 370 services, including ad valorem taxes. If the sys- assisted under this subchapter, than those pro- tem of charges is based on something other than vided under this subsection. metering the Administrator shall require (A) (June 30, 1948, ch. 758, title II, § 204, as added the applicant to establish a system by which the Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 835; necessary funds will be available for the proper amended Pub. L. 95–217, §§ 20–24, Dec. 27, 1977, 91 operation and maintenance of the treatment Stat. 1572, 1573; Pub. L. 96–483, § 2(a), (b), Oct. 21, works; and (B) the applicant to establish a pro- 1980, 94 Stat. 2360, 2361; Pub. L. 97–117, §§ 10(a), cedure under which the residential user will be (b), 11, 12, Dec. 29, 1981, 95 Stat. 1626, 1627; Pub. notified as to that portion of his total payment L. 100–4, title II, § 205(a)–(c), Feb. 4, 1987, 101 Stat. which will be allocated to the cost of the waste 18.) treatment services. (c) Applicability of reserve capacity restrictions AMENDMENTS to primary, secondary, or advanced waste 1987—Subsec. (a)(1). Pub. L. 100–4, § 205(a), amended treatment facilities or related interceptors par. (1) generally. Prior to amendment, par. (1) read as The next to the last sentence of paragraph (5) follows: ‘‘that such works are included in any applica- ble areawide waste treatment management plan devel- of subsection (a) of this section shall not apply oped under section 1288 of this title;’’. in any case where a primary, secondary, or ad- Subsec. (a)(2). Pub. L. 100–4, § 205(b), amended par. (2) vanced waste treatment facility or its related generally. Prior to amendment, par. (2) read as follows: interceptors has received a grant for erection, ‘‘that such works are in conformity with any applicable building, acquisition, alteration, remodeling, State plan under section 1313(e) of this title;’’. improvement, or extension before October 1, Subsec. (b)(1). Pub. L. 100–4, § 205(c), inserted at end 1984, and all segments and phases of such facil- ‘‘A system of user charges which imposes a lower charge for low-income residential users (as defined by ity and interceptors shall be funded based on a the Administrator) shall be deemed to be a user charge 20-year reserve capacity in the case of such fa- system meeting the requirements of clause (A) of this cility and a 20-year reserve capacity in the case paragraph if the Administrator determines that such of such interceptors, except that, if a grant for system was adopted after public notice and hearing.’’ such interceptors has been approved prior to De- 1981—Subsec. (a)(5). Pub. L. 97–117, § 10(a), inserted cember 29, 1981, such interceptors shall be fund- provision that beginning Oct. 1, 1984, no grant be made ed based on the approved reserve capacity not to under this subchapter to construct that portion of any exceed 40 years. treatment works providing reserve capacity in excess of existing needs on the date of approval of a grant for (d) Engineering requirements; certification by the erection, building, etc., of a project for secondary owner and operator; contractual assurances, treatment or more stringent treatment or new inter- etc. ceptors and appurtenances, except that in no event (1) A grant for the construction of treatment shall reserve capacity of a facility and its related inter- ceptors to which this subsection applies be in excess of works under this subchapter shall provide that existing needs on Oct. 1, 1990, and that in any case in the engineer or engineering firm supervising which an applicant proposes to provide reserve capac- construction or providing architect engineering ity greater than that eligible for Federal financial as- services during construction shall continue its sistance under this subchapter, the incremental costs relationship to the grant applicant for a period of the additional reserve capacity be paid by the appli- of one year after the completion of construction cant. and initial operation of such treatment works. Subsec. (a)(6). Pub. L. 97–117, § 11, struck out ‘‘, or at During such period such engineer or engineering least two brand names or trade names of comparable quality or utility are listed and are followed by the firm shall supervise operation of the treatment words ‘or equal’ ’’ after ‘‘parts and equipment’’ and in- works, train operating personnel, and prepare serted provision that when in the judgment of the curricula and training material for operating grantee, it is impractical or uneconomical to make a personnel. Costs associated with the implemen- clear and accurate description of the technical require- tation of this paragraph shall be eligible for ments, a ‘‘brand name or equal’’ description be used as Federal assistance in accordance with this sub- a means to define performance or other salient require- chapter. ments of a procurement, and in doing so the grantee (2) On the date one year after the completion need not establish the existence of any source other than the brand or source so named. of construction and initial operation of such Subsec. (c). Pub. L. 97–117, § 10(b), added subsec. (c). treatment works, the owner and operator of Subsec. (d). Pub. L. 97–117, § 12, added subsec. (d). such treatment works shall certify to the Ad- 1980—Subsec. (b)(1). Pub. L. 96–483, § 2(a), redesignated ministrator whether or not such treatment cl. (C) as (B). Former cl. (B) relating to payment, as a works meet the design specifications and efflu- condition of approval of a grant, to an applicant by in- ent limitations contained in the grant agree- dustrial users of that portion of cost of construction al- ment and permit pursuant to section 1342 of this locable to the treatment of such industrial waste to the title for such works. If the owner and operator extent attributable to the Federal share of the cost of construction, was struck out. of such treatment works cannot certify that Subsec. (b)(3) to (6). Pub. L. 96–483, § 2(b), redesignated such treatment works meet such design speci- pars. (4) and (5) as (3) and (4), respectively. Former par. fications and effluent limitations, any failure to (3) relating to a formula determining the amount the meet such design specifications and effluent grantee shall retain of the revenues derived from the limitations shall be corrected in a timely man- payment of costs by industrial users of waste treat- ner, to allow such affirmative certification, at ment services, to the extent costs are attributable to other than Federal expense. the Federal share of eligible project costs, and former (3) Nothing in this section shall be construed par. (6) relating to the exemption from the require- ments of par. (1)(B) of industrial users with a flow of to prohibit a grantee under this subchapter from twenty-five thousand gallons or less per day, were requiring more assurances, guarantees, or in- struck out. demnity or other contractual requirements from 1977—Subsec. (a)(3). Pub. L. 95–217, § 20, provided that any party to a contract pertaining to a project any priority list developed pursuant to section Page 371 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1285

1313(e)(3)(H) of this title may be modified by such State that the amendments made by subsections (a) and (b) in accordance with regulations promulgated by the Ad- [amending this section] shall take effect on the last ministrator to give higher priority for grants for the day of the two-year period beginning on such date of Federal share of the cost of preparing construction enactment.’’ drawings and specifications for any treatment works utilizing processes and techniques meeting the guide- EFFECTIVE DATE OF 1980 AMENDMENT lines promulgated under section 1314(d)(3) of this title Amendment by Pub. L. 96–483 effective Dec. 27, 1977, and for grants for the combined Federal share of the see section 2(g) of Pub. L. 96–483, set out as a note under cost of preparing construction drawings and specifica- section 1281 of this title. tions and the building and erection of any treatment works meeting the requirements of the next to the last ELIMINATION OF INAPPLICABLE CONDITIONS OR sentence of section 1283(a) of this title which utilizes REQUIREMENTS FROM CERTAIN GRANTS processes and techniques meeting the guidelines pro- Section 2(c) of Pub. L. 96–483 provided that: ‘‘The Ad- mulgated under section 1314(d)(3) of this title. Subsec. (a)(5). Pub. L. 95–217, § 21, provided that ef- ministrator of the Environmental Protection Agency forts to reduce total flow of sewage and unnecessary shall take such action as may be necessary to remove water consumption be taken into account, in accord- from any grant made under section 201(g)(1) of the Fed- ance with regulations promulgated by the Adminis- eral Water Pollution Control Act [section 1281(g)(1) of trator, that the amount of reserve capacity eligible for this title] after March 1, 1973, and prior to the date of a grant under this subchapter be determined by the Ad- enactment of this Act [Oct. 21, 1980], any condition or ministrator taking into account the projected popu- requirement no longer applicable as a result of the re- lation and associated commercial and industrial estab- peals made by subsections (a) and (b) of this section lishments within the jurisdiction of the applicant to be [amending subsec. (b) of this section] or release any served by such treatment works as identified in an ap- grant recipient of the obligations established by such proved facilities plan, an areawide plan under section conditions or other requirement.’’ 1288 of this title, or an applicable municipal master Section 2(c) of Pub. L. 96–483, set out above, effective plan of development, and that, for the purpose of this Dec. 27, 1977, see section 2(g) of Pub. L. 96–483, set out paragraph, section 1288 of this title, and any such plan, as an Effective Date of 1980 Amendment note under sec- projected population be determined on the basis of the tion 1281 of this title. latest information available from the United States COST RECOVERY; SUSPENSION OF GRANT REQUIREMENTS Department of Commerce or from the States as the Ad- THAT INDUSTRIAL USERS MAKE PAYMENTS ministrator, by regulation, determines appropriate. Subsec. (b)(1). Pub. L. 95–217, §§ 22(a)(1), (2), 24(c), in- Section 75 of Pub. L. 95–217, as amended by Pub. L. serted ‘‘(except as otherwise provided in this para- 96–148, § 1, Dec. 16, 1979, 93 Stat. 1088; Pub. L. 96–483, graph)’’ after ‘‘proportionate share’’ in cl. (A) and § 2(f), Oct. 21, 1980, 94 Stat. 2361, directed Administrator ‘‘(which such portion, in the discretion of the appli- of Environmental Protection Agency to study and re- cant, may be recovered from industrial users of the port to Congress not later than last day of twelfth total waste treatment system as distinguished from the month which begins after Dec. 27, 1977, cost recovery treatment works for which the grant is made)’’ in cl. procedures from industrial users of treatment works to (B) and, at end of existing provisions, inserted sen- the extent construction costs are attributable to the tences under which a dedicated ad valorem tax system Federal share of the cost of construction. is to be deemed the user charge system meeting the re- quirements of cl. (A) for the residential user class and § 1285. Allotment of grant funds such small non-residential user classes as defined by (a) Funds for fiscal years during period June 30, the Administrator in cases where an applicant, as of Dec. 27, 1977, uses a system of dedicated ad valorem 1972, and September 30, 1977; determination taxes and the Administrator determines that the appli- of amount cant has a system of charges which results in the dis- Sums authorized to be appropriated pursuant tribution of operation and maintenance costs for treat- to section 1287 of this title for each fiscal year ment works within the applicant’s jurisdiction, to each beginning after June 30, 1972, and before Septem- user class, in proportion to the contribution to the total cost of operation and maintenance of such works ber 30, 1977, shall be allotted by the Adminis- by each user class (taking into account total waste trator not later than the January 1st imme- water loading of such works, the constituent elements diately preceding the beginning of the fiscal of the wastes, and other appropriate factors), and such year for which authorized, except that the allot- applicant is otherwise in compliance with cl. (A) of this ment for fiscal year 1973 shall be made not later paragraph with respect to each industrial user. than 30 days after October 18, 1972. Such sums Subsec. (b)(3). Pub. L. 95–217, §§ 23, 24(a), substituted shall be allotted among the States by the Ad- ‘‘necessary for the administrative costs associated with the requirement of paragraph (1)(B) of this subsection ministrator in accordance with regulations pro- and future expansion’’ for ‘‘necessary for future expan- mulgated by him, in the ratio that the esti- sion’’ in cl. (B) and, at end of existing provisions, in- mated cost of constructing all needed publicly serted sentence under which, subject to the approval of owned treatment works in each State bears to the Administrator, the following: ‘‘Not a grantee that the estimated cost of construction of all needed received a grant prior to Dec. 27, 1977, may reduce the publicly owned treatment works in all of the amounts required to be paid to such grantee by any in- States. For the fiscal years ending June 30, 1973, dustrial user of waste treatment services under such and June 30, 1974, such ratio shall be determined paragraph, if such grantee requires such industrial user to adopt other means of reducing the demand for waste on the basis of table III of House Public Works treatment services through reduction in the total flow Committee Print No. 92–50. For the fiscal year of sewage or unnecessary water consumption, in pro- ending June 30, 1975, such ratio shall be deter- portion to such reduction as determined in accordance mined one-half on the basis of table I of House with regulations promulgated by the Administrator’’. Public Works Committee Print Numbered 93–28 Subsec. (b)(5), (6). Pub. L. 95–217, §§ 22(b), 24(b), added and one-half on the basis of table II of such pars. (5) and (6). print, except that no State shall receive an al- EFFECTIVE DATE OF 1987 AMENDMENT lotment less than that which it received for the Section 205(d) of Pub. L. 100–4 provided that: ‘‘This fiscal year ending June 30, 1972, as set forth in section [amending this section] shall take effect on the table III of such print. Allotments for fiscal date of the enactment of this Act [Feb. 4, 1987], except years which begin after the fiscal year ending § 1285 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 372

June 30, 1975, shall be made only in accordance shall be allotted in accordance with the follow- with a revised cost estimate made and submit- ing table: ted to Congress in accordance with section 1375(b) of this title and only after such revised Fiscal years 1983 1 cost estimate shall have been approved by law States: through 1985 specifically enacted after October 18, 1972. Alabama ...... 011398 Alaska ...... 006101 (b) Availability and use of funds allotted for fis- Arizona ...... 006885 cal years during period June 30, 1972, and Arkansas ...... 006668 September 30, 1977; reallotment California ...... 072901 (1) Any sums allotted to a State under sub- Colorado ...... 008154 Connecticut ...... 012487 section (a) of this section shall be available for Delaware ...... 004965 obligation under section 1283 of this title on and District of Columbia ...... 004965 after the date of such allotment. Such sums Florida ...... 034407 shall continue available for obligation in such Georgia ...... 017234 State for a period of one year after the close of Hawaii ...... 007895 the fiscal year for which such sums are author- Idaho ...... 004965 ized. Any amounts so allotted which are not ob- Illinois ...... 046101 Indiana ...... 024566 ligated by the end of such one-year period shall Iowa ...... 013796 be immediately reallotted by the Administrator, Kansas ...... 009201 in accordance with regulations promulgated by Kentucky ...... 012973 him, generally on the basis of the ratio used in Louisiana ...... 011205 making the last allotment of sums under this Maine ...... 007788 section. Such reallotted sums shall be added to Maryland ...... 024653 the last allotments made to the States. Any sum Massachusetts ...... 034608 Michigan ...... 043829 made available to a State by reallotment under Minnesota ...... 018735 this subsection shall be in addition to any funds Mississippi ...... 009184 otherwise allotted to such State for grants Missouri ...... 028257 under this subchapter during any fiscal year. Montana ...... 004965 (2) Any sums which have been obligated under Nebraska ...... 005214 section 1283 of this title and which are released Nevada ...... 004965 by the payment of the final voucher for the New Hampshire ...... 010186 project shall be immediately credited to the New Jersey ...... 041654 New Mexico ...... 004965 State to which such sums were last allotted. New York ...... 113097 Such released sums shall be added to the North Carolina ...... 018396 amounts last allotted to such State and shall be North Dakota ...... 004965 immediately available for obligation in the Ohio ...... 057383 same manner and to the same extent as such Oklahoma ...... 008235 last allotment. Oregon ...... 011515 Pennsylvania ...... 040377 (c) Funds for fiscal years during period October Rhode Island ...... 006750 1, 1977, and September 30, 1981; funds for fis- South Carolina ...... 010442 cal years 1982 to 1990; determination of South Dakota ...... 004965 amount Tennessee ...... 014807 (1) Sums authorized to be appropriated pursu- Texas ...... 038726 Utah ...... 005371 ant to section 1287 of this title for the fiscal Vermont ...... 004965 years during the period beginning October 1, Virginia ...... 020861 1977, and ending September 30, 1981, shall be al- Washington ...... 017726 lotted for each such year by the Administrator West Virginia ...... 015890 not later than the tenth day which begins after Wisconsin ...... 027557 December 27, 1977. Notwithstanding any other Wyoming ...... 004965 provision of law, sums authorized for the fiscal Samoa ...... 000915 years ending September 30, 1978, September 30, Guam ...... 000662 Northern Marianas ...... 000425 1979, September 30, 1980, and September 30, 1981, Puerto Rico ...... 013295 shall be allotted in accordance with table 3 of Pacific Trust Territories ...... 001305 Committee Print Numbered 95–30 of the Com- Virgin Islands ...... 000531 mittee on Public Works and Transportation of the House of Representatives. United States totals ...... 999996 (2) Sums authorized to be appropriated pursu- (3) FISCAL YEARS 1987–1990.—Sums authorized to ant to section 1287 of this title for the fiscal be appropriated pursuant to section 1287 of this years 1982, 1983, 1984, and 1985 shall be allotted title for the fiscal years 1987, 1988, 1989, and 1990 for each such year by the Administrator not shall be allotted for each such year by the Ad- later than the tenth day which begins after De- ministrator not later than the 10th day which cember 29, 1981. Notwithstanding any other pro- begins after February 4, 1987. Sums authorized vision of law, sums authorized for the fiscal year for such fiscal years shall be allotted in accord- ending September 30, 1982, shall be allotted in ance with the following table: accordance with table 3 of Committee Print Numbered 95–30 of the Committee on Public States: Works and Transportation of the House of Rep- Alabama ...... 011309 resentatives. Sums authorized for the fiscal Alaska ...... 006053 years ending September 30, 1983, September 30, 1984, September 30, 1985, and September 30, 1986, 1 So in original. Probably should be ‘‘1986’’. Page 373 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1285

States: (e) Minimum allotment; additional appropria- Arizona ...... 006831 tions; ratio of amount available Arkansas ...... 006616 For the fiscal years 1978, 1979, 1980, 1981, 1982, California ...... 072333 1983, 1984, 1985, 1986, 1987, 1988, 1989, and 1990, no Colorado ...... 008090 Connecticut ...... 012390 State shall receive less than one-half of 1 per Delaware ...... 004965 centum of the total allotment under subsection District of Columbia ...... 004965 (c) of this section, except that in the case of Florida ...... 034139 Guam, Virgin Islands, American Samoa, and the Georgia ...... 017100 Trust Territories not more than thirty-three Hawaii ...... 007833 one-hundredths of 1 per centum in the aggregate Idaho ...... 004965 shall be allotted to all four of these jurisdic- Illinois ...... 045741 tions. For the purpose of carrying out this sub- Indiana ...... 024374 Iowa ...... 013688 section there are authorized to be appropriated, Kansas ...... 009129 subject to such amounts as are provided in ap- Kentucky ...... 012872 propriation Acts, not to exceed $75,000,000 for Louisiana ...... 011118 each of fiscal years 1978, 1979, 1980, 1981, 1982, Maine ...... 007829 1983, 1984, 1985, 1986, 1987, 1988, 1989, and 1990. If Maryland ...... 024461 for any fiscal year the amount appropriated Massachusetts ...... 034338 under authority of this subsection is less than Michigan ...... 043487 the amount necessary to carry out this sub- Minnesota ...... 018589 Mississippi ...... 009112 section, the amount each State receives under Missouri ...... 028037 this subsection for such year shall bear the same Montana ...... 004965 ratio to the amount such State would have re- Nebraska ...... 005173 ceived under this subsection in such year if the Nevada ...... 004965 amount necessary to carry it out had been ap- New Hampshire ...... 010107 propriated as the amount appropriated for such New Jersey ...... 041329 year bears to the amount necessary to carry out New Mexico ...... 004965 this subsection for such year. New York ...... 111632 North Carolina ...... 018253 (f) Omitted North Dakota ...... 004965 Ohio ...... 056936 (g) Reservation of funds; State management as- Oklahoma ...... 008171 sistance Oregon ...... 011425 (1) The Administrator is authorized to reserve Pennsylvania ...... 040062 each fiscal year not to exceed 2 per centum of Rhode Island ...... 006791 the amount authorized under section 1287 of this South Carolina ...... 010361 South Dakota ...... 004965 title for purposes of the allotment made to each Tennessee ...... 014692 State under this section on or after October 1, Texas ...... 046226 1977, except in the case of any fiscal year begin- Utah ...... 005329 ning on or after October 1, 1981, and ending be- Vermont ...... 004965 fore October 1, 1994, in which case the percent- Virginia ...... 020698 age authorized to be reserved shall not exceed 4 Washington ...... 017588 per centum.2 or $400,000 whichever amount is the West Virginia ...... 015766 greater. Sums so reserved shall be available for Wisconsin ...... 027342 Wyoming ...... 004965 making grants to such State under paragraph (2) American Samoa ...... 000908 of this subsection for the same period as sums Guam ...... 000657 are available from such allotment under sub- Northern Marianas ...... 000422 section (d) of this section, and any such grant Puerto Rico ...... 013191 shall be available for obligation only during Pacific Trust Territories ...... 001295 such period. Any grant made from sums reserved Virgin Islands ...... 000527 under this subsection which has not been obli- gated by the end of the period for which avail- (d) Availability and use of funds; reallotment able shall be added to the amount last allotted Sums allotted to the States for a fiscal year to such State under this section and shall be im- shall remain available for obligation for the fis- mediately available for obligation in the same cal year for which authorized and for the period manner and to the same extent as such last al- of the next succeeding twelve months. The lotment. Sums authorized to be reserved by this amount of any allotment not obligated by the paragraph shall be in addition to and not in lieu end of such twenty-four-month period shall be of any other funds which may be authorized to immediately reallotted by the Administrator on carry out this subsection. the basis of the same ratio as applicable to sums (2) The Administrator is authorized to grant allotted for the then current fiscal year, except to any State from amounts reserved to such that none of the funds reallotted by the Admin- State under this subsection, the reasonable istrator for fiscal year 1978 and for fiscal years costs of administering any aspects of sections thereafter shall be allotted to any State which 1281, 1283, 1284, and 1292 of this title the respon- failed to obligate any of the funds being reallot- sibility for administration of which the Admin- ted. Any sum made available to a State by real- istrator has delegated to such State. The Ad- lotment under this subsection shall be in addi- ministrator may increase such grant to take tion to any funds otherwise allotted to such into account the reasonable costs of administer- State for grants under this subchapter during any fiscal year. 2 So in original. The period probably should be a comma. § 1285 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 374 ing an approved program under section 1342 or (B) developing an implementation plan to 1344 of this title, administering a state-wide obtain State and local financial and regu- waste treatment management planning program latory commitments to implement measures under section 1288(b)(4) of this title, and manag- developed under subparagraph (A); ing waste treatment construction grants for (C) determining the nature, extent, and small communities. causes of water quality problems in various (h) Alternate systems for small communities areas of the State and interstate region, and The Administrator shall set aside from funds reporting on these annually; and (D) determining those publicly owned treat- authorized for each fiscal year beginning on or ment works which should be constructed with after October 1, 1978, a total (as determined by assistance under this subchapter, in which the Governor of the State) of not less than 4 per- areas and in what sequence, taking into ac- cent nor more than 71⁄2 percent of the sums al- lotted to any State with a rural population of 25 count the relative degree of effluent reduction per centum or more of the total population of attained, the relative contributions to water such State, as determined by the Bureau of the quality of other point or nonpoint sources, and Census. The Administrator may set aside no the consideration of alternatives to such con- struction, and implementing section 1313(e) of more than 71⁄2 percent of the sums allotted to any other State for which the Governor requests this title. such action. Such sums shall be available only (3) In carrying out planning with grants made for alternatives to conventional sewage treat- under paragraph (2) of this subsection, a State ment works for municipalities having a popu- shall develop jointly with local, regional, and lation of three thousand five hundred or less, or interstate entities, a plan for carrying out the for the highly dispersed sections of larger mu- program and give funding priority to such enti- nicipalities, as defined by the Administrator. ties and designated or undesignated public com- (i) Set-aside for innovative and alternative prehensive planning organizations to carry out projects the purposes of this subsection. In giving such priority, the State shall allocate at least 40 per- Not less than 1⁄2 of 1 percent of funds allotted to a State for each of the fiscal years ending cent of the amount granted to such State for a September 30, 1979, through September 30, 1990, fiscal year under paragraph (2) of this subsection under subsection (c) of this section shall be ex- to regional public comprehensive planning orga- pended only for increasing the Federal share of nizations in such State and appropriate inter- grants for construction of treatment works uti- state organizations for the development and im- lizing innovative processes and techniques pur- plementation of the plan described in this para- suant to section 1282(a)(2) of this title. Including graph. In any fiscal year for which the Governor, the expenditures authorized by the preceding in consultation with such organizations and sentence, a total of 2 percent of the funds allot- with the approval of the Administrator, deter- ted to a State for each of the fiscal years ending mines that allocation of at least 40 percent of September 30, 1979, and September 30, 1980, and such amount to such organizations will not re- 3 percent of the funds allotted to a State for the sult in significant participation by such organi- fiscal year ending September 30, 1981, under sub- zations in water quality management planning section (c) of this section shall be expended only and not significantly assist in development and for increasing grants for construction of treat- implementation of the plan described in this ment works pursuant to section 1282(a)(2) of this paragraph and achieving the goals of this chap- title. Including the expenditures authorized by ter, the allocation to such organization may be the first sentence of this subsection, a total (as less than 40 percent of such amount. determined by the Governor of the State) of not (4) All activities undertaken under this sub- less than 4 percent nor more than 71⁄2 percent of section shall be in coordination with other re- the funds allotted to such State under sub- lated provisions of this chapter. section (c) of this section for each of the fiscal (5) NONPOINT SOURCE RESERVATION.—In addi- years ending September 30, 1982, through Sep- tion to the sums reserved under paragraph (1), tember 30, 1990, shall be expended only for in- the Administrator shall reserve each fiscal year creasing the Federal share of grants for con- for each State 1 percent of the sums allotted and struction of treatment works pursuant to sec- available for obligation to such State under this tion 1282(a)(2) of this title. section for each fiscal year beginning on or after (j) Water quality management plan; reservation October 1, 1986, or $100,000, whichever is greater, of funds for nonpoint source management for the purpose of carrying out section 1329 of this title. Sums so reserved in a State in any fis- (1) The Administrator shall reserve each fiscal cal year for which such State does not request year not to exceed 1 per centum of the sums al- the use of such sums, to the extent such sums lotted and available for obligation to each State exceed $100,000, may be used by such State for under this section for each fiscal year beginning other purposes under this subchapter. on or after October 1, 1981, or $100,000, whichever amount is the greater. (k) New York City Convention Center (2) Such sums shall be used by the Adminis- The Administrator shall allot to the State of trator to make grants to the States to carry out New York from sums authorized to be appro- water quality management planning, including, priated for the fiscal year ending September 30, but not limited to— 1982, an amount necessary to pay the entire cost (A) identifying most cost effective and lo- of conveying sewage from the Convention Center cally acceptable facility and non-point meas- of the city of New York to the Newtown sewage ures to meet and maintain water quality treatment plant, Brooklyn-Queens area, New standards; York. The amount allotted under this sub- Page 375 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1285 section shall be in addition to and not in lieu of (2) Notice requirement any other amounts authorized to be allotted to The Governor of a State may make a request such State under this chapter. under paragraph (1) for a deposit into the (l) Marine estuary reservation water pollution control revolving fund of such (1) Reservation of funds State— (A) in fiscal year 1987 only if no later than (A) General rule 90 days after February 4, 1987, and Prior to making allotments among the (B) in each fiscal year thereafter only if 90 States under subsection (c) of this section, days before the first day of such fiscal year, the Administrator shall reserve funds from the State provides notice of its intent to make sums appropriated pursuant to section 1287 such deposit. of this title for each fiscal year beginning after September 30, 1986. (3) Exception (B) Fiscal years 1987 and 1988 Sums reserved under section 1285(j) of this title shall not be available for obligation For each of fiscal years 1987 and 1988 the under this subsection. reservation shall be 1 percent of the sums appropriated pursuant to section 1287 of this (June 30, 1948, ch. 758, title II, § 205, as added title for such fiscal year. Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 837; amended Pub. L. 93–243, § 1, Jan. 2, 1974, 87 Stat. (C) Fiscal years 1989 and 1990 1069; Pub. L. 95–217, §§ 25, 26(a), 27, 28, Dec. 27, For each of fiscal years 1989 and 1990 the 1977, 91 Stat. 1574, 1575; Pub. L. 96–483, § 11, Oct. reservation shall be 11⁄2 percent of the funds 21, 1980, 94 Stat. 2363; Pub. L. 97–117, §§ 8(c), 13–16, appropriated pursuant to section 1287 of this Dec. 29, 1981, 95 Stat. 1625, 1627–1629; Pub. L. title for such fiscal year. 100–4, title II, §§ 206(a)–(c), 207–210, 212(b), title (2) Use of funds III, § 316(d), Feb. 4, 1987, 101 Stat. 19–21, 27, 60; Pub. L. 105–362, title V, § 501(d)(2)(C), Nov. 10, Of the sums reserved under this subsection, 1998, 112 Stat. 3284; Pub. L. 107–303, title III, two-thirds shall be available to address water § 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.) quality problems of marine bays and estuaries subject to lower levels of water quality due to CODIFICATION the impacts of discharges from combined Subsec. (f) provided that sums made available for ob- storm water and sanitary sewer overflows ligation between Jan. 1, 1975, and Mar. 1, 1975, be avail- from adjacent urban complexes, and one-third able for obligation until Sept. 30, 1978. shall be available for the implementation of AMENDMENTS section 1330 of this title, relating to the na- tional estuary program. 2002—Subsec. (a). Pub. L. 107–303 repealed Pub. L. 105–362, § 501(d)(2)(C). See 1998 Amendment note below. (3) Period of availability 1998—Subsec. (a). Pub. L. 105–362, § 501(d)(2)(C), which Sums reserved under this subsection shall be directed the substitution of ‘‘section 1375 of this title’’ subject to the period of availability for obliga- for ‘‘section 1375(b) of this title’’ in last sentence, was repealed by Pub. L. 107–303. See Effective Date of 2002 tion established by subsection (d) of this sec- Amendment note below. tion. 1987—Subsec. (c)(2). Pub. L. 100–4, § 206(a)(1), sub- (4) Treatment of certain body of water stituted ‘‘September 30, 1985, and September 30, 1986’’ for ‘‘and September 30, 1985’’. For purposes of this section and section Subsec. (c)(3). Pub. L. 100–4, § 206(a)(2), added par. (3). 1281(n) of this title, Newark Bay, New Jersey, Subsec. (e). Pub. L. 100–4, § 206(b), substituted ‘‘1985, and the portion of the Passaic River up to Lit- 1986, 1987, 1988, 1989, and 1990’’ for ‘‘and 1985’’ in two tle Falls, in the vicinity of Beatties Dam, places. shall be treated as a marine bay and estuary. Subsec. (g)(1). Pub. L. 100–4, § 206(c), substituted ‘‘Oc- tober 1, 1994’’ for ‘‘October 1, 1985’’. (m) Discretionary deposits into State water pol- Subsec. (h). Pub. L. 100–4, § 207, substituted ‘‘a total lution control revolving funds (as determined by the Governor of the State) of not less (1) From construction grant allotments than 4 percent nor more than 71⁄2 percent’’ for ‘‘four per centum’’ and ‘‘71⁄2 per cent’’ for ‘‘four per centum’’. In addition to any amounts deposited in a Subsec. (i). Pub. L. 100–4, § 208, amended subsec. (i) water pollution control revolving fund estab- generally. Prior to amendment, subsec. (i) read as fol- lished by a State under subchapter VI of this lows: ‘‘Not less than one-half of one per centum of chapter, upon request of the Governor of such funds allotted to a State for each of the fiscal years State, the Administrator shall make available ending September 30, 1979, September 30, 1980, Septem- to the State for deposit, as capitalization ber 30, 1981, September 30, 1982, September 30, 1983, Sep- tember 30, 1984, and September 30, 1985, under sub- grants, in such fund in any fiscal year begin- section (a) of this section shall be expended only for in- ning after September 30, 1986, such portion of creasing the Federal share of grants for construction of the amounts allotted to such State under this treatment works utilizing innovative processes and section for such fiscal year as the Governor techniques pursuant to section 1282(a)(2) of this title. considers appropriate; except that (A) in fiscal Including the expenditures authorized by the preceding year 1987, such deposit may not exceed 50 per- sentence, a total of two per centum of the funds allot- cent of the amounts allotted to such State ted to a State for each of the fiscal years ending Sep- under this section for such fiscal year, and (B) tember 30, 1979, and September 30, 1980, and 3 per cen- tum of the funds allotted to a State for the fiscal year in fiscal year 1988, such deposit may not ex- ending September 30, 1981, under subsection (a) of this ceed 75 percent of the amounts allotted to section shall be expended only for increasing grants for such State under this section for this fiscal construction of treatment works from 75 per centum to year. 85 per centum pursuant to section 1282(a)(2) of this § 1286 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 376 title. Including the expenditures authorized by the first to be applied and administered on and after Nov. 27, sentence of this subsection, a total (as determined by 2002, as if amendments made by section 501(a)–(d) of the Governor of the State) of not less than 4 per cen- Pub. L. 105–362 had not been enacted, see section 302(b) tum nor more than 71⁄2 per centum of the funds allotted of Pub. L. 107–303, set out as a note under section 1254 to such State for any fiscal year beginning after Sep- of this title. tember 30, 1981, under subsection (c) of this section shall be expended only for increasing the Federal share TERMINATION OF TRUST TERRITORY OF THE PACIFIC of grants for construction of treatment works pursuant ISLANDS to section 1282(a)(2) of this title.’’ For termination of Trust Territory of the Pacific Is- Subsec. (j)(3). Pub. L. 100–4, § 209, inserted provision lands, see note set out preceding section 1681 of Title directing State to allocate at least 40 percent of 48, Territories and Insular Possessions. amount granted under par. (2) to regional public com- prehensive planning organizations and appropriate AVAILABILITY OF ALLOTTED SUMS IN SUBSEQUENT interstate organizations for development and imple- YEARS; REALLOTMENT OF UNOBLIGATED SUMS mentation of plan, with exception for less than 40 per- Section 7 of Pub. L. 96–483 provided that: ‘‘Notwith- cent allocation in certain circumstances. standing section 205(d) of the Federal Water Pollution Subsec. (j)(5). Pub. L. 100–4, § 316(d), added par. (5). Control Act (33 U.S.C. 1285), sums allotted to the States Subsec. (l). Pub. L. 100–4, § 210, added subsec. (l). for the fiscal year 1979 shall remain available for obli- Subsec. (m). Pub. L. 100–4, § 212(b), added subsec. (m). gation for the fiscal year for which authorized and for 1981—Subsec. (c). Pub. L. 97–117, § 13(a), designated ex- the period of the next succeeding twenty-four months. isting provision as par. (1) and added par. (2). The amount of any allotment not obligated by the end Subsec. (e). Pub. L. 97–117, § 13(b), substituted ‘‘1981, of such thirty-six month period shall be immediately 1982, 1983, 1984, and 1985’’ for ‘‘and 1981’’ in two places. Subsec. (g)(1). Pub. L. 97–117, § 14, inserted ‘‘except in reallotted by the Administrator on the basis of the the case of any fiscal year beginning on or after Octo- same ratio as applicable to sums allotted for the then ber 1, 1981, and ending before October 1, 1985, in which current fiscal year, except that none of the funds real- case the percentage authorized to be reserved shall not lotted by the Administrator for fiscal year 1979 shall be exceed 4 per centum.’’ after ‘‘October 1, 1977,’’ and pro- allotted to any State which failed to obligate any of vision that sums authorized to be reserved be in addi- the funds being reallotted. Any sum made available to tion to and not in lieu of any other funds which may be a State by reallotment under this section shall be in authorized to carry out this subsection. addition to any funds otherwise allotted to such State Subsec. (i). Pub. L. 97–117, § 8(c), substituted ‘‘Septem- for grants under title II of the Federal Water Pollution ber 30, 1981, September 30, 1982, September 30, 1983, Sep- Control Act [this subchapter] during any fiscal year. tember 30, 1984, and September 30, 1985’’ for ‘‘and Sep- This section shall take effect on September 30, 1980.’’ tember 30, 1981’’, struck out ‘‘from 75 per centum to 85 per centum’’ after ‘‘innovative processes and tech- § 1286. Reimbursement and advanced construc- niques’’, and inserted provision that including the ex- tion penditures authorized by the first sentence of this sub- (a) Publicly owned treatment works construction section, a total, as determined by the State Governor, initiated after June 30, 1966, but before July of not less than 4 per centum nor more than 71⁄2 per cen- tum of the funds allotted to such State for any fiscal 1, 1973; reimbursement formula year beginning after Sept. 30, 1981, under subsec. (c) of Any publicly owned treatment works in a this section be expended only for increasing the Fed- State on which construction was initiated after eral share of grants for construction of treatment June 30, 1966, but before July 1, 1973, which was works pursuant to section 1282(a)(2) of this title. approved by the appropriate State water pollu- Subsecs. (j), (k). Pub. L. 97–117, §§ 15, 16, added sub- secs. (j) and (k). tion control agency and which the Adminis- 1980—Subsec. (g)(1). Pub. L. 96–483 inserted ‘‘of the trator finds meets the requirements of section amount authorized under section 1287 of this title for 1158 of this title in effect at the time of the ini- purposes’’ after ‘‘2 per centum’’. tiation of construction shall be reimbursed a 1977—Subsec. (a). Pub. L. 95–217, § 25(a), substituted total amount equal to the difference between ‘‘each fiscal year beginning after June 30, 1972, and be- the amount of Federal financial assistance, if fore September 30, 1977’’ for ‘‘each fiscal year beginning any, received under such section 1158 of this after June 30, 1972’’. Subsecs. (c) to (f). Pub. L. 95–217, § 25(b), added sub- title for such project and 50 per centum of the secs. (c) to (f). cost of such project, or 55 per centum of the Subsecs. (g) to (i). Pub. L. 95–217, §§ 26(a), 27, 28, added project cost where the Administrator also deter- subsecs. (g) to (i). mines that such treatment works was con- 1974—Subsec. (a). Pub. L. 93–243 inserted provisions structed in conformity with a comprehensive that for the fiscal year ending June 30, 1975, the ratio metropolitan treatment plan as described in sec- shall be determined one-half on the basis of table I of tion 1158(f) of this title as in effect immediately House Public Works Committee Print Numbered 93–28 prior to October 18, 1972. Nothing in this sub- and one-half on the basis of table II of such print, ex- cept that no State shall receive an allotment less than section shall result in any such works receiving that which it received for the fiscal year ending June Federal grants from all sources in excess of 80 30, 1972, as set forth in table III of such print and sub- per centum of the cost of such project. stituted ‘‘June 30, 1975’’ for ‘‘June 30, 1974’’ in sentence (b) Publicly owned treatment works construction beginning ‘‘Allotments for fiscal years’’. initiated between June 30, 1956, and June 30, CHANGE OF NAME 1966; reimbursement formula Committee on Public Works and Transportation of Any publicly owned treatment works con- House of Representatives treated as referring to Com- structed with or eligible for Federal financial mittee on Transportation and Infrastructure of House assistance under this Act in a State between of Representatives by section 1(a) of Pub. L. 104–14, set June 30, 1956, and June 30, 1966, which was ap- out as a note preceding section 21 of Title 2, The Con- proved by the State water pollution control gress. agency and which the Administrator finds meets EFFECTIVE DATE OF 2002 AMENDMENT the requirements of section 1158 of this title Amendment by Pub. L. 107–303 effective Nov. 10, 1998, prior to October 18, 1972 but which was con- and Federal Water Pollution Act (33 U.S.C. 1251 et seq.) structed without assistance under such section Page 377 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1286

1158 of this title or which received such assist- project the Administrator approves plans, speci- ance in an amount less than 30 per centum of fications, and estimates therefor in the same the cost of such project shall qualify for pay- manner as other treatment works projects. The ments and reimbursement of State or local Administrator may not approve an application funds used for such project from sums allocated under this subsection unless an authorization is to such State under this section in an amount in effect for the first fiscal year in the period for which shall not exceed the difference between which the application requests payment and the amount of such assistance, if any, received such requested payment for that fiscal year does for such project and 30 per centum of the cost of not exceed the State’s expected allotment from such project. such authorization. The Administrator shall not (c) Application for reimbursement be required to make such requested payment for any fiscal year— No publicly owned treatment works shall re- (A) to the extent that such payment would ceive any payment or reimbursement under sub- exceed such State’s allotment of the amount section (a) or (b) of this section unless an appli- appropriated for such fiscal year; and cation for such assistance is filed with the Ad- (B) unless such payment is for a project ministrator within the one year period which which, on the basis of an approved funding pri- begins on October 18, 1972. Any application filed ority list of such State, is eligible to receive within such one year period may be revised from such payment based on the allotment and ap- time to time, as may be necessary. propriation for such fiscal year. (d) Allocation of funds To the extent that sufficient funds are not ap- The Administrator shall allocate to each propriated to pay the full Federal share with re- qualified project under subsection (a) of this sec- spect to a project for which obligations under tion each fiscal year for which funds are appro- the provisions of this subsection have been priated under subsection (e) of this section an made, the Administrator shall reduce the Fed- amount which bears the same ratio to the un- eral share to such amount less than 75 per cen- paid balance of the reimbursement due such tum as such appropriations do provide. project as the total of such funds for such year (2) In determining the allotment for any fiscal bears to the total unpaid balance of reimburse- year under this subchapter, any treatment ment due all such approved projects on the date works project constructed in accordance with of enactment of such appropriation. The Admin- this section and without the aid of Federal funds istrator shall allocate to each qualified project shall not be considered completed until an appli- under subsection (b) of this section each fiscal cation under the provisions of this subsection year for which funds are appropriated under sub- with respect to such project has been approved section (e) of this section an amount which by the Administrator, or the availability of bears the same ratio to the unpaid balance of funds from which this project is eligible for re- the reimbursement due such project as the total imbursement has expired, whichever first oc- of such funds for such year bears to the total un- curs. paid balance of reimbursement due all such ap- (June 30, 1948, ch. 758, title II, § 206, as added proved projects on the date of enactment of such Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 838; appropriation. amended Pub. L. 93–207, § 1(2), Dec. 28, 1973, 87 (e) Authorization of appropriations Stat. 906; Pub. L. 95–217, § 29(a), Dec. 27, 1977, 91 There is authorized to be appropriated to Stat. 1576; Pub. L. 96–483, § 5, Oct. 21, 1980, 94 carry out subsection (a) of this section not to Stat. 2361.) exceed $2,600,000,000 and, to carry out subsection REFERENCES IN TEXT (b) of this section, not to exceed $750,000,000. The authorizations contained in this subsection Section 1158 of this title, referred to in subsecs. (a) and (b), refers to section 8 of act June 30, 1948, ch. 758, shall be the sole source of funds for reimburse- 62 Stat. 1158, prior to the supersedure and reenactment ments authorized by this section. of act June 30, 1948, by act Oct. 18, 1972, Pub. L. 92–500, (f) Additional funds 86 Stat. 816. Provisions of section 1158 of this title are covered by this subchapter. (1) In any case where a substantial portion of This Act, referred to in subsec. (b), means act June the funds allotted to a State for the current fis- 30, 1948, ch. 758, 62 Stat. 1155, prior to the supersedure cal year under this subchapter have been obli- and reenactment of act June 30, 1948 by act Oct. 18, gated under section 1281(g) of this title, or will 1972, Pub. L. 92–500, 86 Stat. 816. Act June 30, 1948, ch. be so obligated in a timely manner (as deter- 758, as added by act Oct. 18, 1972, Pub. L. 92–500, 86 Stat. mined by the Administrator), and there is con- 816, enacted this chapter. struction of any treatment works project with- AMENDMENTS out the aid of Federal funds and in accordance 1980—Subsec. (f)(1). Pub. L. 96–483 substituted ‘‘In any with all procedures and all requirements appli- case where a substantial portion of the funds allotted cable to treatment works projects, except those to a State for the current fiscal year under this sub- procedures and requirements which limit con- chapter have been obligated under section 1281(g) of struction of projects to those constructed with this title, or will be so obligated in a timely manner (as the aid of previously allotted Federal funds, the determined by the Administrator)’’ for ‘‘In any case Administrator, upon his approval of an applica- where all funds allotted to a State under this sub- tion made under this subsection therefor, is au- chapter have been obligated under section 1283 of this title’’, substituted ‘‘first fiscal year’’ for ‘‘future fiscal thorized to pay the Federal share of the cost of year’’, inserted ‘‘in the period’’ before ‘‘for which the construction of such project when additional application’’, substituted ‘‘and such requested payment funds are allotted to the State under this sub- for that fiscal year does not exceed the State’s expected chapter if prior to the construction of the allotment from such authorization. The Administrator § 1287 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 378 shall not be required to make such requested payment provided in appropriation Acts, for the fiscal for any fiscal year—’’ for ‘‘which authorization will in- year ending September 30, 1977, $1,000,000,000 for sure such payment without exceeding the State’s ex- the fiscal year ending September 30, 1978, pected allotment from such authorization.’’, and added $4,500,000,000 and for the fiscal years ending Sep- subpars. (A), (B), and provisions following subpar. (B). 1977—Subsec. (a). Pub. L. 95–217 substituted ‘‘July 1, tember 30, 1979, September 30, 1980, not to exceed 1973’’ for ‘‘July 1, 1972’’. $5,000,000,000; for the fiscal year ending Septem- 1973—Subsec. (e). Pub. L. 93–207 substituted ber 30, 1981, not to exceed $2,548,837,000; and for ‘‘$2,600,000,000’’ for ‘‘$2,000,000,000’’. the fiscal years ending September 30, 1982, Sep- APPLICATION FOR ASSISTANCE FOR PUBLICLY OWNED tember 30, 1983, September 30, 1984, and Septem- TREATMENT WORKS WHERE GRANTS WERE MADE BE- ber 30, 1985, not to exceed $2,400,000,000 per fiscal FORE JULY 2, 1972, AND ON WHICH CONSTRUCTION WAS year; and for each of the fiscal years ending Sep- INITIATED BEFORE JULY 1, 1973 tember 30, 1986, September 30, 1987, and Septem- Section 29(b) of Pub. L. 95–217 provided that applica- ber 30, 1988, not to exceed $2,400,000,000; and for tions for assistance for publicly owned treatment each of the fiscal years ending September 30, works for which a grant was made under this chapter 1989, and September 30, 1990, not to exceed before July 1, 1972, and on which construction was initi- $1,200,000,000. ated before July 1, 1973, be filed not later than the nine- tieth day after Dec. 27, 1977. (June 30, 1948, ch. 758, title II, § 207, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 839; APPLICATION FOR ASSISTANCE amended Pub. L. 93–207, § 1(3), Dec. 28, 1973, 87 Section 2 of Pub. L. 93–207 provided that notwith- Stat. 906; Pub. L. 95–217, § 30, Dec. 27, 1977, 91 standing the requirements of subsec. (c) of this section, Stat. 1576; Pub. L. 97–35, title XVIII, § 1801(a), applications for assistance under this section could Aug. 13, 1981, 95 Stat. 764; Pub. L. 97–117, § 17, have been filed with the Administrator until Jan. 31, Dec. 29, 1981, 95 Stat. 1630; Pub. L. 100–4, title II, 1974. § 211, Feb. 4, 1987, 101 Stat. 21.) ALLOCATION OF CONSTRUCTION GRANTS APPROPRIATED FOR THE YEAR ENDING JUNE 30, 1973; INTERIM PAY- AMENDMENTS MENTS; LIMITATIONS 1987—Pub. L. 100–4 inserted ‘‘; and for each of the fis- Section 3 of Pub. L. 93–207 provided that: ‘‘Funds cal years ending September 30, 1986, September 30, 1987, available for reimbursement under Public Law 92–399 and September 30, 1988, not to exceed $2,400,000,000; and [making appropriations for Agriculture-Environmental for each of the fiscal years ending September 30, 1989, and Consumer Protection Programs for the fiscal year and September 30, 1990, not to exceed $1,200,000,000’’ be- ending June 30, 1973] shall be allocated in accordance fore period at end. with subsection (d) of section 206 of the Federal Water 1981—Pub. L. 97–117 substituted ‘‘and for the fiscal Pollution Control Act (86 Stat. 838) [subsec. (d) of this years ending September 30, 1982, September 30, 1983, section], pro rata among all projects eligible under sub- September 30, 1984, and September 30, 1985, not to ex- section (a) of such section 206 [subsec. (a) of this sec- ceed $2,400,000,000 per fiscal year’’ for ‘‘and for the fiscal tion] for which applications have been submitted and year ending September 30, 1982, not to exceed $0, unless approved by the Administrator pursuant to such Act there is enacted legislation establishing an allotment [this chapter]. Notwithstanding the provisions of sub- formula for fiscal year 1982 construction grant funds section (d) of such section 206, (1) the Administrator is and otherwise reforming the municipal sewage treat- authorized to make interim payments to each such ment construction grant program under this sub- project for which an application has been approved on chapter, in which case the authorization for fiscal year the basis of estimates of maximum pro rata entitle- 1982 shall be an amount not to exceed $2,400,000,000’’. ment of all applicants under section 206(a) and (2) for Pub. L. 97–35 substituted provisions authorizing not the purpose of determining allocation of sums available to exceed $2,548,837,000 for fiscal year ending Sept. 30, under Public Law 92–399, the unpaid balance of reim- 1981, and not to exceed $0 for the fiscal year ending bursement due such projects shall be computed as of Sept. 30, 1982, unless an allotment formula is enacted, January 31, 1974. Upon completion by the Adminis- in which case the authorization is not to exceed trator of his audit and approval of all projects for $2,400,000,000, for provisions authorizing not to exceed which an application has been filed under subsection $5,000,000,000 for fiscal years ending Sept. 30, 1981 and (a) of such section 206, the Administrator shall, within 1982. the limits of appropriated funds, allocate to each such 1977—Pub. L. 95–217 inserted ‘‘and subject to such qualified project the amount remaining, if any, of its amounts as are provided in appropriation Acts, for the total entitlement. Amounts allocated to projects which fiscal year ending September 30, 1977, $1,000,000,000 for are later determined to be in excess of entitlement the fiscal year ending September 30, 1978, $4,500,000,000 shall be available for reallocation, until expended, to and for the fiscal years ending September 30, 1979, Sep- other qualified projects under subsection (a) of such tember 30, 1980, September 30, 1981, and September 30, section 206. In no event, however, shall any payments 1982, not to exceed $5,000,000,000 per fiscal year’’. exceed the Federal share of the cost of construction in- 1973—Pub. L. 93–207 inserted reference to section curred to the date of the voucher covering such pay- 1286(e) of this title. ment plus the Federal share of the value of the mate- rials which have been stockpiled in the vicinity of such ADDITIONAL AUTHORIZATION OF APPROPRIATIONS construction in conformity to plans and specifications Pub. L. 94–369, title III, § 301, July 22, 1976, 90 Stat. for the project.’’ 1011, provided for authorization to carry out this sub- § 1287. Authorization of appropriations chapter, other than sections 1286, 1288, and 1289, for the fiscal year ending Sept. 30, 1977, not to exceed There is authorized to be appropriated to $700,000,000, which sum (subject to amounts provided in carry out this subchapter, other than sections appropriation Acts) was to be allotted to each State 1286(e), 1288 and 1289 of this title, for the fiscal listed in column 1 of table IV contained in House Public year ending June 30, 1973, not to exceed Works and Transportation Committee Print numbered 94–25 in accordance with the percentages provided for $5,000,000,000, for the fiscal year ending June 30, such State (if any) in column 5 of such table, and such 1974, not to exceed $6,000,000,000, and for the fis- sum to be in addition to, and not in lieu of, any funds cal year ending June 30, 1975, not to exceed otherwise authorized and to be available until ex- $7,000,000,000, and subject to such amounts as are pended. Page 379 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1288

§ 1288. Areawide waste treatment management including elected officials from such local gov- (a) Identification and designation of areas hav- ernments, or their designees, capable of devel- ing substantial water quality control prob- oping an areawide waste treatment manage- lems ment plan for such area. (5) Existing regional agencies may be des- For the purpose of encouraging and facilitat- ignated under paragraphs (2), (3), and (4) of ing the development and implementation of this subsection. areawide waste treatment management plans— (6) The State shall act as a planning agency (1) The Administrator, within ninety days for all portions of such State which are not after October 18, 1972, and after consultation designated under paragraphs (2), (3), or (4) of with appropriate Federal, State, and local au- this subsection. thorities, shall by regulation publish guide- (7) Designations under this subsection shall lines for the identification of those areas be subject to the approval of the Adminis- which, as a result of urban-industrial con- trator. centrations or other factors, have substantial water quality control problems. (b) Planning process (2) The Governor of each State, within sixty (1)(A) Not later than one year after the date of days after publication of the guidelines issued designation of any organization under sub- pursuant to paragraph (1) of this subsection, section (a) of this section such organization shall identify each area within the State shall have in operation a continuing areawide which, as a result of urban-industrial con- waste treatment management planning process centrations or other factors, has substantial consistent with section 1281 of this title. Plans water quality control problems. Not later than prepared in accordance with this process shall one hundred and twenty days following such contain alternatives for waste treatment man- identification and after consultation with ap- agement, and be applicable to all wastes gen- propriate elected and other officials of local erated within the area involved. The initial plan governments having jurisdiction in such areas, prepared in accordance with such process shall the Governor shall designate (A) the bound- be certified by the Governor and submitted to aries of each such area, and (B) a single rep- the Administrator not later than two years after resentative organization, including elected of- the planning process is in operation. ficials from local governments or their des- (B) For any agency designated after 1975 under ignees, capable of developing effective area- subsection (a) of this section and for all portions wide waste treatment management plans for of a State for which the State is required to act such area. The Governor may in the same as the planning agency in accordance with sub- manner at any later time identify any addi- section (a)(6) of this section, the initial plan pre- tional area (or modify an existing area) for pared in accordance with such process shall be which he determines areawide waste treat- certified by the Governor and submitted to the ment management to be appropriate, des- Administrator not later than three years after ignate the boundaries of such area, and des- the receipt of the initial grant award authorized ignate an organization capable of developing under subsection (f) of this section. effective areawide waste treatment manage- (2) Any plan prepared under such process shall ment plans for such area. include, but not be limited to— (3) With respect to any area which, pursuant (A) the identification of treatment works to the guidelines published under paragraph necessary to meet the anticipated municipal (1) of this subsection, is located in two or more and industrial waste treatment needs of the States, the Governors of the respective States area over a twenty-year period, annually up- shall consult and cooperate in carrying out dated (including an analysis of alternative the provisions of paragraph (2), with a view to- waste treatment systems), including any re- ward designating the boundaries of the inter- quirements for the acquisition of land for state area having common water quality con- treatment purposes; the necessary waste water trol problems and for which areawide waste collection and urban storm water runoff sys- treatment management plans would be most tems; and a program to provide the necessary effective, and toward designating, within one financial arrangements for the development of hundred and eighty days after publication of such treatment works, and an identification of guidelines issued pursuant to paragraph (1) of open space and recreation opportunities that this subsection, of a single representative or- can be expected to result from improved water ganization capable of developing effective quality, including consideration of potential areawide waste treatment management plans use of lands associated with treatment works for such area. and increased access to water-based recre- (4) If a Governor does not act, either by des- ation; ignating or determining not to make a des- (B) the establishment of construction prior- ignation under paragraph (2) of this sub- ities for such treatment works and time sched- section, within the time required by such ules for the initiation and completion of all paragraph, or if, in the case of an interstate treatment works; area, the Governors of the States involved do (C) the establishment of a regulatory pro- not designate a planning organization within gram to— the time required by paragraph (3) of this sub- (i) implement the waste treatment man- section, the chief elected officials of local gov- agement requirements of section 1281(c) of ernments within an area may by agreement this title, designate (A) the boundaries for such an area, (ii) regulate the location, modification, and (B) a single representative organization and construction of any facilities within § 1288 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 380

such area which may result in any discharge oped and submitted by the Governor to the Ad- in such area, and ministrator for approval for application to a (iii) assure that any industrial or commer- class or category of activity throughout such cial wastes discharged into any treatment State. works in such area meet applicable pre- (B) Any program submitted under subpara- treatment requirements; graph (A) of this paragraph which, in whole or in (D) the identification of those agencies nec- part, is to control the discharge or other place- essary to construct, operate, and maintain all ment of dredged or fill material into the navi- facilities required by the plan and otherwise gable waters shall include the following: (i) A consultation process which includes the to carry out the plan; (E) the identification of the measures nec- State agency with primary jurisdiction over essary to carry out the plan (including financ- fish and wildlife resources. (ii) A process to identify and manage the dis- ing), the period of time necessary to carry out charge or other placement of dredged or fill the plan, the costs of carrying out the plan material which adversely affects navigable wa- within such time, and the economic, social, ters, which shall complement and be coordi- and environmental impact of carrying out the nated with a State program under section 1344 plan within such time; (F) a process to (i) identify, if appropriate, of this title conducted pursuant to this chap- agriculturally and silviculturally related ter. (iii) A process to assure that any activity nonpoint sources of pollution, including re- conducted pursuant to a best management turn flows from irrigated agriculture, and practice will comply with the guidelines estab- their cumulative effects, runoff from manure lished under section 1344(b)(1) of this title, and disposal areas, and from land used for live- sections 1317 and 1343 of this title. stock and crop production, and (ii) set forth (iv) A process to assure that any activity procedures and methods (including land use conducted pursuant to a best management requirements) to control to the extent feasible practice can be terminated or modified for such sources; cause including, but not limited to, the follow- (G) a process to (i) identify, if appropriate, ing: mine-related sources of pollution including (I) violation of any condition of the best new, current, and abandoned surface and un- management practice; derground mine runoff, and (ii) set forth proce- (II) change in any activity that requires dures and methods (including land use require- either a temporary or permanent reduction ments) to control to the extent feasible such or elimination of the discharge pursuant to sources; the best management practice. (H) a process to (i) identify construction ac- tivity related sources of pollution, and (ii) set (v) A process to assure continued coordina- forth procedures and methods (including land tion with Federal and Federal-State water-re- use requirements) to control to the extent fea- lated planning and reviewing processes, in- sible such sources; cluding the National Wetlands Inventory. (I) a process to (i) identify, if appropriate, (C) If the Governor of a State obtains approval salt water intrusion into rivers, lakes, and es- from the Administrator of a statewide regu- tuaries resulting from reduction of fresh water latory program which meets the requirements of flow from any cause, including irrigation, ob- subparagraph (B) of this paragraph and if such struction, ground water extraction, and diver- State is administering a permit program under sion, and (ii) set forth procedures and methods section 1344 of this title, no person shall be re- to control such intrusion to the extent fea- quired to obtain an individual permit pursuant sible where such procedures and methods are to such section, or to comply with a general per- otherwise a part of the waste treatment man- mit issued pursuant to such section, with re- agement plan; spect to any appropriate activity within such (J) a process to control the disposition of all State for which a best management practice has residual waste generated in such area which been approved by the Administrator under the could affect water quality; and program approved by the Administrator pursu- (K) a process to control the disposal of pol- ant to this paragraph. lutants on land or in subsurface excavations (D)(i) Whenever the Administrator determines within such area to protect ground and surface after public hearing that a State is not admin- water quality. istering a program approved under this section (3) Areawide waste treatment management in accordance with the requirements of this sec- plans shall be certified annually by the Gov- tion, the Administrator shall so notify the ernor or his designee (or Governors or their des- State, and if appropriate corrective action is not ignees, where more than one State is involved) taken within a reasonable time, not to exceed as being consistent with applicable basin plans ninety days, the Administrator shall withdraw and such areawide waste treatment manage- approval of such program. The Administrator ment plans shall be submitted to the Adminis- shall not withdraw approval of any such pro- trator for his approval. gram unless he shall first have notified the (4)(A) Whenever the Governor of any State de- State, and made public, in writing, the reasons termines (and notifies the Administrator) that for such withdrawal. consistency with a statewide regulatory pro- (ii) In the case of a State with a program sub- gram under section 1313 of this title so requires, mitted and approved under this paragraph, the the requirements of clauses (F) through (K) of Administrator shall withdraw approval of such paragraph (2) of this subsection shall be devel- program under this subparagraph only for a sub- Page 381 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1288 stantial failure of the State to administer its this section for payment of the reasonable costs program in accordance with the requirements of of developing and operating a continuing area- this paragraph. wide waste treatment management planning (c) Regional operating agencies process under subsection (b) of this section. (2) For the two-year period beginning on the (1) The Governor of each State, in consulta- date the first grant is made under paragraph (1) tion with the planning agency designated under of this subsection to an agency, if such first subsection (a) of this section, at the time a plan grant is made before October 1, 1977, the amount is submitted to the Administrator, shall des- of each such grant to such agency shall be 100 ignate one or more waste treatment manage- per centum of the costs of developing and oper- ment agencies (which may be an existing or ating a continuing areawide waste treatment newly created local, regional, or State agency or management planning process under subsection political subdivision) for each area designated (b) of this section, and thereafter the amount under subsection (a) of this section and submit granted to such agency shall not exceed 75 per such designations to the Administrator. centum of such costs in each succeeding one- (2) The Administrator shall accept any such year period. In the case of any other grant made designation, unless, within 120 days of such des- to an agency under such paragraph (1) of this ignation, he finds that the designated manage- subsection, the amount of such grant shall not ment agency (or agencies) does not have ade- exceed 75 per centum of the costs of developing quate authority— and operating a continuing areawide waste (A) to carry out appropriate portions of an treatment management planning process in any areawide waste treatment management plan year. developed under subsection (b) of this section; (3) Each applicant for a grant under this sub- (B) to manage effectively waste treatment section shall submit to the Administrator for works and related facilities serving such area his approval each proposal for which a grant is in conformance with any plan required by sub- applied for under this subsection. The Adminis- section (b) of this section; trator shall act upon such proposal as soon as (C) directly or by contract, to design and practicable after it has been submitted, and his construct new works, and to operate and approval of that proposal shall be deemed a con- maintain new and existing works as required tractual obligation of the United States for the by any plan developed pursuant to subsection payment of its contribution to such proposal, (b) of this section; subject to such amounts as are provided in ap- (D) to accept and utilize grants, or other propriation Acts. There is authorized to be ap- funds from any source, for waste treatment propriated to carry out this subsection not to management purposes; exceed $50,000,000 for the fiscal year ending June (E) to raise revenues, including the assess- 30, 1973, not to exceed $100,000,000 for the fiscal ment of waste treatment charges; year ending June 30, 1974, not to exceed (F) to incur short- and long-term indebted- $150,000,000 per fiscal year for the fiscal years ness; ending June 30, 1975, September 30, 1977, Septem- (G) to assure in implementation of an area- ber 30, 1978, September 30, 1979, and September wide waste treatment management plan that 30, 1980, not to exceed $100,000,000 per fiscal year each participating community pays its propor- for the fiscal years ending September 30, 1981, tionate share of treatment costs; and September 30, 1982, and such sums as may be (H) to refuse to receive any wastes from any necessary for fiscal years 1983 through 1990. municipality or subdivision thereof, which (g) Technical assistance by Administrator does not comply with any provisions of an ap- The Administrator is authorized, upon request proved plan under this section applicable to of the Governor or the designated planning such area; and agency, and without reimbursement, to consult (I) to accept for treatment industrial wastes. with, and provide technical assistance to, any (d) Conformity of works with area plan agency designated under subsection (a) of this After a waste treatment management agency section in the development of areawide waste having the authority required by subsection (c) treatment management plans under subsection of this section has been designated under such (b) of this section. subsection for an area and a plan for such area (h) Technical assistance by Secretary of the has been approved under subsection (b) of this Army section, the Administrator shall not make any (1) The Secretary of the Army, acting through grant for construction of a publicly owned treat- the Chief of Engineers, in cooperation with the ment works under section 1281(g)(1) of this title Administrator is authorized and directed, upon within such area except to such designated request of the Governor or the designated plan- agency and for works in conformity with such ning organization, to consult with, and provide plan. technical assistance to, any agency designed 1 (e) Permits not to conflict with approved plans under subsection (a) of this section in develop- No permit under section 1342 of this title shall ing and operating a continuing areawide waste be issued for any point source which is in con- treatment management planning process under flict with a plan approved pursuant to sub- subsection (b) of this section. (2) There is authorized to be appropriated to section (b) of this section. the Secretary of the Army, to carry out this (f) Grants subsection, not to exceed $50,000,000 per fiscal (1) The Administrator shall make grants to any agency designated under subsection (a) of 1 So in original. Probably should be ‘‘designated’’. § 1288 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 382 year for the fiscal years ending June 30, 1973, tract period to forfeit all rights to further and June 30, 1974. payments or grants under the contract and re- (i) State best management practices program fund to the United States all payments or grants received thereunder, with interest, un- (1) The Secretary of the Interior, acting less the transferee of any such land agrees through the Director of the United States Fish with the Secretary to assume all obligations and Wildlife Service, shall, upon request of the of the contract; Governor of a State, and without reimburse- (iv) not to adopt any practice specified by ment, provide technical assistance to such State the Secretary on the advice of the Adminis- in developing a statewide program for submis- trator in the contract as a practice which sion to the Administrator under subsection would tend to defeat the purposes of the con- (b)(4)(B) of this section and in implementing tract; such program after its approval. (v) to such additional provisions as the Sec- (2) There is authorized to be appropriated to retary determines are desirable and includes the Secretary of the Interior $6,000,000 to com- in the contract to effectuate the purposes of plete the National Wetlands Inventory of the the program or to facilitate the practical ad- United States, by December 31, 1981, and to pro- ministration of the program. vide information from such Inventory to States as it becomes available to assist such States in (2) In return for such agreement by the land- the development and operation of programs owner or operator the Secretary shall agree to under this chapter. provide technical assistance and share the cost (j) Agricultural cost sharing of carrying out those conservation practices and measures set forth in the contract for which he (1) The Secretary of Agriculture, with the con- determines that cost sharing is appropriate and currence of the Administrator, and acting in the public interest and which are approved for through the Soil Conservation Service and such cost sharing by the agency designated to imple- other agencies of the Department of Agriculture ment the plan developed under subsection (b) of as the Secretary may designate, is authorized this section. The portion of such cost (including and directed to establish and administer a pro- labor) to be shared shall be that part which the gram to enter into contracts, subject to such Secretary determines is necessary and appro- amounts as are provided in advance by appro- priate to effectuate the installation of the water priation acts, of not less than five years nor quality management practices and measures more than ten years with owners and operators under the contract, but not to exceed 50 per cen- having control of rural land for the purpose of tum of the total cost of the measures set forth installing and maintaining measures incorporat- in the contract; except the Secretary may in- ing best management practices to control crease the matching cost share where he deter- nonpoint source pollution for improved water mines that (1) the main benefits to be derived quality in those States or areas for which the from the measures are related to improving off- Administrator has approved a plan under sub- site water quality, and (2) the matching share section (b) of this section where the practices to requirement would place a burden on the land- which the contracts apply are certified by the owner which would probably prevent him from management agency designated under sub- participating in the program. section (c)(1) of this section to be consistent (3) The Secretary may terminate any contract with such plans and will result in improved with a landowner or operator by mutual agree- water quality. Such contracts may be entered ment with the owner or operator if the Sec- into during the period ending not later than retary determines that such termination would September 31, 1988. Under such contracts the be in the public interest, and may agree to such land owner or operator shall agree— modification of contracts previously entered (i) to effectuate a plan approved by a soil into as he may determine to be desirable to conservation district, where one exists, under carry out the purposes of the program or facili- this section for his farm, ranch, or other land tate the practical administration thereof or to substantially in accordance with the schedule accomplish equitable treatment with respect to outlined therein unless any requirement other conservation, land use, or water quality thereof is waived or modified by the Sec- programs. retary; (4) In providing assistance under this sub- (ii) to forfeit all rights to further payments section the Secretary will give priority to those or grants under the contract and refund to the areas and sources that have the most significant United States all payments and grants re- effect upon water quality. Additional investiga- ceived thereunder, with interest, upon his vio- tions or plans may be made, where necessary, to lation of the contract at any stage during the supplement approved water quality management time he has control of the land if the Sec- plans, in order to determine priorities. retary, after considering the recommendations (5) The Secretary shall, where practicable, of the soil conservation district, where one ex- enter into agreements with soil conservation ists, and the Administrator, determines that districts, State soil and water conservation such violation is of such a nature as to war- agencies, or State water quality agencies to ad- rant termination of the contract, or to make minister all or part of the program established refunds or accept such payment adjustments in this subsection under regulations developed as the Secretary may deem appropriate if he by the Secretary. Such agreements shall provide determines that the violation by the owner or for the submission of such reports as the Sec- operator does not warrant termination of the retary deems necessary, and for payment by the contract; United States of such portion of the costs in- (iii) upon transfer of his right and interest in curred in the administration of the program as the farm, ranch, or other land during the con- the Secretary may deem appropriate. Page 383 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1289

(6) The contracts under this subsection shall Subsec. (b)(2)(F). Pub. L. 95–217, § 33(a), substituted be entered into only in areas where the manage- ‘‘sources of pollution, including return flows from irri- ment agency designated under subsection (c)(1) gated agriculture, and their cumulative effects,’’ for of this section assures an adequate level of par- ‘‘sources of pollution, including’’. Subsec. (b)(4). Pub. L. 95–217, § 34(a), designated exist- ticipation by owners and operators having con- ing provisions as subpar. (A), substituted ‘‘to the Ad- trol of rural land in such areas. Within such ministrator for approval for application to a class or areas the local soil conservation district, where category of activity throughout such State’’ for ‘‘to the one exists, together with the Secretary of Agri- Administrator for application to all regions within culture, will determine the priority of assist- such State’’, and added subpars. (B) to (D). ance among individual land owners and opera- Subsec. (f)(2). Pub. L. 95–217, § 31(b), substituted ‘‘For tors to assure that the most critical water qual- the two-year period beginning on the date the first ity problems are addressed. grant is made under paragraph (1) of this subsection to (7) The Secretary, in consultation with the Ad- an agency, if such first grant is made before October 1, ministrator and subject to section 1314(k) of this 1977, the amount of each such grant to such agency shall be 100 per centum of the costs of developing and title, shall, not later than September 30, 1978, operating a continuing areawide waste treatment man- promulgate regulations for carrying out this agement planning process under subsection (b) of this subsection and for support and cooperation with section, and thereafter the amount granted to such other Federal and non-Federal agencies for im- agency shall not exceed 75 per centum of such costs in plementation of this subsection. each succeeding one-year period’’ for ‘‘The amount (8) This program shall not be used to authorize granted to any agency under paragraph (1) of this sub- or finance projects that would otherwise be eli- section shall be 100 per centum of the costs of develop- gible for assistance under the terms of Public ing and operating a continuing areawide waste treat- Law 83–566 [16 U.S.C. 1001 et seq.]. ment management planning process under subsection (9) There are hereby authorized to be appro- (b) of this section for each of the fiscal years ending on June 30, 1973, June 30, 1974, and June 30, 1975, and shall priated to the Secretary of Agriculture not exceed 75 per centum of such costs in each succeed- $200,000,000 for fiscal year 1979, $400,000,000 for ing fiscal year’’ and inserted ‘‘In the case of any other fiscal year 1980, $100,000,000 for fiscal year 1981, grant made to an agency under such paragraph (1) of $100,000,000 for fiscal year 1982, and such sums as this subsection, the amount of such grant shall not ex- may be necessary for fiscal years 1983 through ceed 75 per centum of the costs of developing and oper- 1990, to carry out this subsection. The program ating a continuing areawide waste treatment manage- authorized under this subsection shall be in ad- ment planning process in any year.’’ dition to, and not in substitution of, other pro- Subsec. (f)(3). Pub. L. 95–217, §§ 4(e), 31(c), substituted ‘‘and not to exceed $150,000,000 per fiscal year for the grams in such area authorized by this or any fiscal years ending June 30, 1975, September 30, 1977, other public law. September 30, 1978, September 30, 1979, and September (June 30, 1948, ch. 758, title II, § 208, as added 30, 1980’’ for ‘‘and not to exceed $150,000,000 for the fiscal Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 839; year ending June 30, 1975’’ and inserted ‘‘subject to such amended Pub. L. 95–217, §§ 4(e), 31, 32, 33(a), 34, 35, amounts as are provided in appropriation Acts’’ after ‘‘contractual obligation of the United States for the Dec. 27, 1977, 91 Stat. 1566, 1576–1579; Pub. L. payment of its contribution to such proposal’’. 96–483, § 1(d), (e), Oct. 21, 1980, 94 Stat. 2360; Pub. Subsec. (i). Pub. L. 95–217, § 34(b), added subsec. (i). L. 100–4, title I, § 101(d), (e), Feb. 4, 1987, 101 Stat. Subsec. (j). Pub. L. 95–217, § 35, added subsec. (j). 9.) TRANSFER OF FUNCTIONS REFERENCES IN TEXT Enforcement functions of Secretary or other official Public Law 83–566, referred to in subsec. (j)(8), is act in Department of Agriculture, insofar as they involve Aug. 4, 1954, ch. 656, 68 Stat. 666, as amended, known as lands and programs under jurisdiction of that Depart- the Watershed Protection and Flood Prevention Act, ment, relating to compliance with this chapter with re- which is classified generally to chapter 18 (§ 1001 et seq.) spect to pre-construction, construction, and initial op- of Title 16, Conservation. For complete classification of eration of transportation system for Canadian and this Act to the Code, see Short Title note set out under Alaskan natural gas were transferred to the Federal In- section 1001 of Title 16 and Tables. spector, Office of Federal Inspector for the Alaska Nat- ural Gas Transportation System, until the first anni- AMENDMENTS versary of the date of initial operation of the Alaska 1987—Subsec. (f)(3). Pub. L. 100–4, § 101(d), struck out Natural Gas Transportation System, see Reorg. Plan ‘‘and’’ after ‘‘1974,’’ and ‘‘1980,’’ and inserted ‘‘, and No. 1 of 1979, §§ 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. such sums as may be necessary for fiscal years 1983 1373, 1376, effective July 1, 1979, set out in the Appendix through 1990’’ after ‘‘1982’’. to Title 5, Government Organization and Employees. Subsec. (j)(9). Pub. L. 100–4, § 101(e), struck out ‘‘and’’ Office of Federal Inspector for the Alaska Natural Gas after ‘‘1981,’’ and inserted ‘‘and such sums as may be Transportation System abolished and functions and au- necessary for fiscal years 1983 through 1990,’’ after thority vested in Inspector transferred to Secretary of ‘‘1982,’’. Energy by section 3012(b) of Pub. L. 102–486, set out as 1980—Subsec. (f)(3). Pub. L. 96–483, § 1(d), inserted au- an Abolition of Office of Federal Inspector note under thorization of not to exceed $100,000,000 per fiscal year section 719e of Title 15, Commerce and Trade. Func- for fiscal years ending Sept. 30, 1981 and 1982. tions and authority vested in Secretary of Energy sub- Subsec. (j)(9). Pub. L. 96–483, § 1(e), inserted reference sequently transferred to Federal Coordinator for Alas- to authorization of $100,000,000 for each of fiscal years ka Natural Gas Transportation Projects by section 1981 and 1982. 1977—Subsec. (b)(1). Pub. L. 95–217, § 31(a), designated 720d(f) of Title 15. existing provisions as subpar. (A) and added subpar. (B). Subsec. (b)(2)(A). Pub. L. 95–217, § 32, inserted ‘‘, and § 1289. Basin planning an identification of open space and recreation opportu- (a) Preparation of Level B plans nities that can be expected to result from improved water quality, including consideration of potential use The President, acting through the Water Re- of lands associated with treatment works and increased sources Council, shall, as soon as practicable, access to water-based recreation’’ after ‘‘development prepare a Level B plan under the Water Re- of such treatment works’’. sources Planning Act [42 U.S.C. 1962 et seq.] for § 1290 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 384 all basins in the United States. All such plans waste treatment works servicing such commu- shall be completed not later than January 1, nity, or (2) is for a new collection system in an 1980, except that priority in the preparation of existing community with sufficient existing or such plans shall be given to those basins and planned capacity adequately to treat such col- portions thereof which are within those areas lected sewage and is consistent with section 1281 designated under paragraphs (2), (3), and (4) of of this title. subsection (a) of section 1288 of this title. (b) Use of population density as test (b) Reporting requirements If the Administrator uses population density The President, acting through the Water Re- as a test for determining the eligibility of a col- sources Council, shall report annually to Con- lector sewer for assistance it shall be only for gress on progress being made in carrying out the purpose of evaluating alternatives and de- this section. The first such report shall be sub- termining the needs for such system in relation mitted not later than January 31, 1973. to ground or surface water quality impact. (c) Authorization of appropriations (c) Pollutant discharges from separate storm sewer systems There is authorized to be appropriated to carry out this section not to exceed $200,000,000. No grant shall be made under this subchapter from funds authorized for any fiscal year during (June 30, 1948, ch. 758, title II, § 209, as added the period beginning October 1, 1977, and ending Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 843.) September 30, 1990, for treatment works for con-

REFERENCES IN TEXT trol of pollutant discharges from separate storm sewer systems. The Water Resources Planning Act, referred to in subsec. (a), is Pub. L. 89–80, July 22, 1965, 79 Stat. 244, (June 30, 1948, ch. 758, title II, § 211, as added as amended, which is classified generally to chapter Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 843; 19B (§ 1962 et seq.) of Title 42, The Public Health and amended Pub. L. 95–217, § 36, Dec. 27, 1977, 91 Welfare. For complete classification of this Act to the Stat. 1581; Pub. L. 97–117, § 2(b), Dec. 29, 1981, 95 Code, see Short Title note set out under section 1962 of Stat. 1623; Pub. L. 100–4, title II, § 206(d), Feb. 4, Title 42 and Tables. 1987, 101 Stat. 20.)

§ 1290. Annual survey AMENDMENTS The Administrator shall annually make a sur- 1987—Subsec. (c). Pub. L. 100–4 substituted ‘‘1990’’ for vey to determine the efficiency of the operation ‘‘1985’’. and maintenance of treatment works con- 1981—Subsec. (c). Pub. L. 97–117 substituted ‘‘Septem- ber 30, 1985’’ for ‘‘September 30, 1982’’. structed with grants made under this chapter, as 1977—Pub. L. 95–217 designated existing provisions as compared to the efficiency planned at the time subsec. (a) and added subsecs. (b) and (c). the grant was made. The results of such annual survey shall be included in the report required § 1292. Definitions under section 1375(a) of this title. As used in this subchapter— (June 30, 1948, ch. 758, title II, § 210, as added (1) The term ‘‘construction’’ means any one or Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 843; more of the following: preliminary planning to amended Pub. L. 105–362, title V, § 501(d)(2)(D), determine the feasibility of treatment works, Nov. 10, 1998, 112 Stat. 3284; Pub. L. 107–303, title engineering, architectural, legal, fiscal, or eco- III, § 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.) nomic investigations or studies, surveys, de- signs, plans, working drawings, specifications, AMENDMENTS procedures, field testing of innovative or alter- 2002—Pub. L. 107–303 repealed Pub. L. 105–362, native waste water treatment processes and § 501(d)(2)(D). See 1998 Amendment note below. techniques meeting guidelines promulgated 1998—Pub. L. 105–362, § 501(d)(2)(D), which directed the under section 1314(d)(3) of this title, or other substitution of ‘‘shall be reported to Congress not later necessary actions, erection, building, acquisi- than 90 days after the date of convening of each session tion, alteration, remodeling, improvement, or of Congress’’ for ‘‘shall be included in the report re- quired under section 1375(a) of this title’’, was repealed extension of treatment works, or the inspection by Pub. L. 107–303. See Effective Date of 2002 Amend- or supervision of any of the foregoing items. ment note below. (2)(A) The term ‘‘treatment works’’ means any devices and systems used in the storage, treat- EFFECTIVE DATE OF 2002 AMENDMENT ment, recycling, and reclamation of municipal Amendment by Pub. L. 107–303 effective Nov. 10, 1998, sewage or industrial wastes of a liquid nature to and Federal Water Pollution Act (33 U.S.C. 1251 et seq.) implement section 1281 of this title, or necessary to be applied and administered on and after Nov. 27, to recycle or reuse water at the most economi- 2002, as if amendments made by section 501(a)–(d) of cal cost over the estimated life of the works, in- Pub. L. 105–362 had not been enacted, see section 302(b) cluding intercepting sewers, outfall sewers, sew- of Pub. L. 107–303, set out as a note under section 1254 of this title. age collection systems, pumping, power, and other equipment, and their appurtenances; ex- § 1291. Sewage collection systems tensions, improvements, remodeling, additions, and alterations thereof; elements essential to (a) Existing and new systems provide a reliable recycled supply such as stand- No grant shall be made for a sewage collection by treatment units and clear well facilities; and system under this subchapter unless such grant any works, including site acquisition of the land (1) is for replacement or major rehabilitation of that will be an integral part of the treatment an existing collection system and is necessary process (including land used for the storage of to the total integrity and performance of the treated wastewater in land treatment systems Page 385 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1293a prior to land application) or is used for ultimate with Federal financial assistance under this sub- disposal of residues resulting from such treat- chapter (other than this section), which project ment. the Administrator has determined to be eligible (B) In addition to the definition contained in for such financial assistance under this sub- subparagraph (A) of this paragraph, ‘‘treatment chapter, including, but not limited to, projects works’’ means any other method or system for eligible for reimbursement under section 1286 of preventing, abating, reducing, storing, treating, this title. separating, or disposing of municipal waste, in- (b) Conditions for issuance cluding storm water runoff, or industrial waste, including waste in combined storm water and No guarantee, or commitment to make a guar- sanitary sewer systems. Any application for antee, may be made pursuant to this section— construction grants which includes wholly or in (1) unless the Administrator certifies that part such methods or systems shall, in accord- the issuing body is unable to obtain on reason- ance with guidelines published by the Adminis- able terms sufficient credit to finance its ac- trator pursuant to subparagraph (C) of this para- tual needs without such guarantee; and graph, contain adequate data and analysis dem- (2) unless the Administrator determines that onstrating such proposal to be, over the life of there is a reasonable assurance of repayment such works, the most cost efficient alternative of the loan, obligation, or participation there- to comply with sections 1311 or 1312 of this title, in. or the requirements of section 1281 of this title. A determination of whether financing is avail- (C) For the purposes of subparagraph (B) of able at reasonable rates shall be made by the this paragraph, the Administrator shall, within Secretary of the Treasury with relationship to one hundred and eighty days after October 18, the current average yield on outstanding mar- 1972, publish and thereafter revise no less often ketable obligations of municipalities of com- than annually, guidelines for the evaluation of parable maturity. methods, including cost-effective analysis, de- (c) Fees for application investigation and issu- scribed in subparagraph (B) of this paragraph. ance of commitment guarantee (3) The term ‘‘replacement’’ as used in this subchapter means those expenditures for obtain- The Administrator is authorized to charge ing and installing equipment, accessories, or ap- reasonable fees for the investigation of an appli- purtenances during the useful life of the treat- cation for a guarantee and for the issuance of a ment works necessary to maintain the capacity commitment to make a guarantee. and performance for which such works are de- (d) Commitment for repayment signed and constructed. The Administrator, in determining whether (June 30, 1948, ch. 758, title II, § 212, as added there is a reasonable assurance of repayment, Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 844; may require a commitment which would apply amended Pub. L. 95–217, § 37, Dec. 27, 1977, 91 to such repayment. Such commitment may in- Stat. 1581; Pub. L. 97–117, § 8(d), Dec. 29, 1981, 95 clude, but not be limited to, any funds received Stat. 1626.) by such grantee from the amounts appropriated under section 1286 of this title. AMENDMENTS 1981—Par. (1). Pub. L. 97–117 inserted ‘‘field testing of (June 30, 1948, ch. 758, title II, § 213, as added innovative or alternative waste water treatment proc- Pub. L. 94–558, Oct. 19, 1976, 90 Stat. 2639; amend- esses and techniques meeting guidelines promulgated ed Pub. L. 96–483, § 2(e), Oct. 21, 1980, 94 Stat. under section 1314(d)(3) of this title,’’ after ‘‘proce- 2361.) dures,’’. 1977—Par. (2)(A). Pub. L. 95–217 inserted ‘‘(including AMENDMENTS land used for the storage of treated wastewater in land 1980—Subsec. (d). Pub. L. 96–483 struck out ‘‘(1) all or treatment systems prior to land application)’’ after any portion of the funds retained by such grantee under ‘‘integral part of the treatment process’’. section 1284(b)(3) of this title, and (2)’’ after ‘‘limited to’’. § 1293. Loan guarantees (a) State or local obligations issued exclusively EFFECTIVE DATE OF 1980 AMENDMENT to Federal Financing Bank for publicly Amendment by Pub. L. 96–483 effective Dec. 27, 1977, owned treatment works; determination of eli- see section 2(g) of Pub. L. 96–483, set out as a note under gibility of project by Administrator section 1281 of this title. Subject to the conditions of this section and § 1293a. Contained spoil disposal facilities to such terms and conditions as the Adminis- trator determines to be necessary to carry out (a) Construction, operation, and maintenance; the purposes of this subchapter, the Adminis- period; conditions; requirements trator is authorized to guarantee, and to make The Secretary of the Army, acting through commitments to guarantee, the principal and the Chief of Engineers, is authorized to con- interest (including interest accruing between struct, operate, and maintain, subject to the the date of default and the date of the payment provisions of subsection (c) of this section, con- in full of the guarantee) of any loan, obligation, tained spoil disposal facilities of sufficient ca- or participation therein of any State, municipal- pacity for a period not to exceed ten years, to ity, or intermunicipal or interstate agency is- meet the requirements of this section. Before es- sued directly and exclusively to the Federal Fi- tablishing each such facility, the Secretary of nancing Bank to finance that part of the cost of the Army shall obtain the concurrence of appro- any grant-eligible project for the construction priate local governments and shall consider the of publicly owned treatment works not paid for views and recommendations of the Adminis- § 1293a TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 386 trator of the Environmental Protection Agency tion, expansion, or rehabilitation of waste treat- and shall comply with requirements of section ment facilities and the Administrator has found 1171 of this title, and of the National Environ- that applicable water quality standards are not mental Policy Act of 1969 [42 U.S.C. 4321 et seq.]. being violated. In the event such findings occur Section 401 of this title shall not apply to any after the appropriate non-Federal interest or in- facility authorized by this section. terests have entered into the agreement re- (b) Time for establishment; consideration of area quired by subsection (c) of this section, any pay- needs; requirements ments due after the date of such findings as part of the required local contribution of 25 per cen- The Secretary of the Army, acting through tum of the construction costs shall be waived by the Chief of Engineers, shall establish the con- the Secretary of the Army. tained spoil disposal facilities authorized in sub- section (a) of this section at the earliest prac- (e) Federal payment of costs for disposal of ticable date, taking into consideration the views dredged spoil from project and recommendations of the Administrator of Notwithstanding any other provision of law, the Environmental Protection Agency as to all costs of disposal of dredged spoil from the those areas which, in the Administrator’s judg- project for the Great Lakes connecting chan- ment, are most urgently in need of such facili- nels, Michigan, shall be borne by the United ties and pursuant to the requirements of the Na- States. tional Environmental Policy Act of 1969 [42 (f) Title to lands, easements, and rights-of-way; U.S.C. 4321 et seq.] and the Federal Water Pollu- retention by non-Federal interests; convey- tion Control Act [33 U.S.C. 1251 et seq.]. ance of facilities; agreement of transferee (c) Written agreement requirement; terms of The participating non-Federal interest or in- agreement terests shall retain title to all lands, easements, Prior to construction of any such facility, the and rights-of-way furnished by it pursuant to appropriate State or States, interstate agency, subsection (c) of this section. A spoil disposal fa- municipality, or other appropriate political sub- cility owned by a non-Federal interest or inter- division of the State shall agree in writing to (1) ests may be conveyed to another party only furnish all lands, easements, and rights-of-way after completion of the facility’s use for disposal necessary for the construction, operation, and purposes and after the transferee agrees in writ- maintenance of the facility; (2) contribute to the ing to use or maintain the facility in a manner United States 25 per centum of the construction which the Secretary of the Army determines to costs, such amount to be payable either in cash be satisfactory. prior to construction, in installments during (g) Federal licenses or permits; charges; remis- construction, or in installments, with interest sion of charge at a rate to be determined by the Secretary of Any spoil disposal facilities constructed under the Treasury, as of the beginning of the fiscal the provisions of this section shall be made year in which construction is initiated, on the available to Federal licensees or permittees basis of the computed average interest rate pay- upon payment of an appropriate charge for such able by the Treasury upon its outstanding mar- use. Twenty-five per centum of such charge ketable public obligations, which are neither shall be remitted to the participating non-Fed- due or callable for redemption for fifteen years eral interest or interests except for those ex- from date of issue; (3) hold and save the United cused from contributing to the construction States free from damages due to construction, costs under subsections (d) and (e) of this sec- operation, and maintenance of the facility; and tion. (4) except as provided in subsection (f) of this section, maintain the facility after completion (h) Provisions applicable to Great Lakes and of its use for disposal purposes in a manner sat- their connecting channels isfactory to the Secretary of the Army. This section, other than subsection (i), shall (d) Waiver of construction costs contribution be applicable only to the Great Lakes and their from non-Federal interests; findings of par- connecting channels. ticipation in waste treatment facilities for (i) Research, study, and experimentation pro- general geographical area and compliance gram relating to dredged spoil extended to with water quality standards; waiver of pay- navigable waters, etc.; cooperative program; ments in event of written agreement before scope of program; utilization of facilities and occurrence of findings personnel of Federal agency The requirement for appropriate non-Federal The Chief of Engineers, under the direction of interest or interests to furnish an agreement to the Secretary of the Army, is hereby authorized contribute 25 per centum of the construction to extend to all navigable waters, connecting costs as set forth in subsection (c) of this sec- channels, tributary streams, other waters of the tion shall be waived by the Secretary of the United States and waters contiguous to the Army upon a finding by the Administrator of United States, a comprehensive program of re- the Environmental Protection Agency that for search, study, and experimentation relating to the area to which such construction applies, the dredged spoil. This program shall be carried out State or States involved, interstate agency, mu- in cooperation with other Federal and State nicipality, and other appropriate political sub- agencies, and shall include, but not be limited division of the State and industrial concerns are to, investigations on the characteristics of participating in and in compliance with an ap- dredged spoil, and alternative methods of its dis- proved plan for the general geographical area of posal. To the extent that such study shall in- the dredging activity for construction, modifica- clude the effects of such dredge spoil on water Page 387 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1295 quality, the facilities and personnel of the Envi- Section was not enacted as a part of the Federal ronmental Protection Agency shall be utilized. Water Pollution Control Act which comprises this chapter. (j) Period for depositing dredged materials The Secretary of the Army, acting through AMENDMENTS the Chief of Engineers, is authorized to continue 1988—Subsec. (j). Pub. L. 100–676, § 24(a), added subsec. to deposit dredged materials into a contained (j). spoil disposal facility constructed under this Subsec. (k). Pub. L. 100–676, § 24(b), added subsec. (k). section until the Secretary determines that 1974—Subsec. (d). Pub. L. 93–251 inserted provision for waiver of payments in event of a written agreement be- such facility is no longer needed for such pur- fore occurrence of findings. pose or that such facility is completely full. (k) Study and monitoring program GREAT LAKES CONFINED DISPOSAL FACILITIES (1) Study Pub. L. 104–303, title V, § 513, Oct. 12, 1996, 110 Stat. 3762, provided that: The Secretary of the Army, acting through ‘‘(a) ASSESSMENT.—Pursuant to the responsibilities of the Chief of Engineers, shall conduct a study the Secretary under section 123 of the River and Harbor of the materials disposed of in contained spoil Act of 1970 (33 U.S.C. 1293a), the Secretary shall con- disposal facilities constructed under this sec- duct an assessment of the general conditions of con- tion for the purpose of determining whether or fined disposal facilities in the Great Lakes. not toxic pollutants are present in such facili- ‘‘(b) REPORT.—Not later than 3 years after the date of the enactment of this Act [Oct. 12, 1996], the Secretary ties and for the purpose of determining the shall transmit to Congress a report on the results of concentration levels of each of such pollutants the assessment conducted under subsection (a), includ- in such facilities. ing the following: (2) Report ‘‘(1) A description of the cumulative effects of con- fined disposal facilities in the Great Lakes. Not later than 1 year after November 17, ‘‘(2) Recommendations for specific remediation ac- 1988, the Secretary shall transmit to Congress tions for each confined disposal facility in the Great a report on the results of the study conducted Lakes. under paragraph (1). ‘‘(3) An evaluation of, and recommendations for, confined disposal facility management practices and (3) Inspection and monitoring program technologies to conserve capacity at such facilities The Secretary shall conduct a program to and to minimize adverse environmental effects at inspect and monitor contained spoil disposal such facilities throughout the Great Lakes system.’’ facilities constructed under this section for the purpose of determining whether or not § 1294. Public information and education on recy- toxic pollutants are leaking from such facili- cling and reuse of wastewater, use of land ties. treatment, and reduction of wastewater vol- ume (4) Toxic pollutant defined For purposes of this subsection, the term The Administrator shall develop and operate ‘‘toxic pollutant’’ means those toxic pollut- within one year of December 27, 1977, a continu- ants referred to in section 1311(b)(2)(C) and ing program of public information and education 1311(b)(2)(D) of this title and such other pollut- on recycling and reuse of wastewater (including ants as the Secretary, in consultation with the sludge), the use of land treatment, and methods Administrator of the Environmental Protec- for the reduction of wastewater volume. tion Agency, determines are appropriate based (June 30, 1948, ch. 758, title II, § 214, as added on their effects on human health and the envi- Pub. L. 95–217, § 38, Dec. 27, 1977, 91 Stat. 1581.) ronment. § 1295. Requirements for American materials (Pub. L. 91–611, title I, § 123, Dec. 31, 1970, 84 Stat. 1823; Pub. L. 93–251, title I, § 23, Mar. 7, 1974, 88 Notwithstanding any other provision of law, Stat. 20; Pub. L. 100–676, § 24, Nov. 17, 1988, 102 no grant for which application is made after Stat. 4027.) February 1, 1978, shall be made under this sub- chapter for any treatment works unless only REFERENCES IN TEXT such unmanufactured articles, materials, and Section 1171 of this title, referred to in subsec. (a), supplies as have been mined or produced in the was omitted as superseded. United States, and only such manufactured arti- The National Environmental Policy Act of 1969, re- cles, materials, and supplies as have been manu- ferred to in subsecs. (a) and (b), is Pub. L. 91–190, Jan. factured in the United States, substantially all 1, 1970, 83 Stat. 852, as amended, which is classified gen- erally to chapter 55 (§ 4321 et seq.) of Title 42, The Pub- from articles, materials, or supplies mined, pro- lic Health and Welfare. For complete classification of duced, or manufactured, as the case may be, in this Act to the Code, see Short Title note set out under the United States will be used in such treatment section 4321 of Title 42 and Tables. works. This section shall not apply in any case The Federal Water Pollution Control Act, referred to where the Administrator determines, based upon in subsec. (b), is act June 30, 1948, ch. 758, as amended those factors the Administrator deems relevant, generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, including the available resources of the agency, which is classified generally to this chapter (§ 1251 et it to be inconsistent with the public interest (in- seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1251 of cluding multilateral government procurement this title and Tables. agreements) or the cost to be unreasonable, or if articles, materials, or supplies of the class or CODIFICATION kind to be used or the articles, materials, or Section was formerly classified to section 1165a of supplies from which they are manufactured are this title. not mined, produced, or manufactured, as the § 1296 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 388 case may be, in the United States in sufficient § 1298. Cost effectiveness and reasonably available commercial quantities (a) Congressional statement of policy and of a satisfactory quality. It is the policy of Congress that a project for (June 30, 1948, ch. 758, title II, § 215, as added waste treatment and management undertaken Pub. L. 95–217, § 39, Dec. 27, 1977, 91 Stat. 1581.) with Federal financial assistance under this chapter by any State, municipality, or inter- § 1296. Determination of priority of projects municipal or interstate agency shall be consid- Notwithstanding any other provision of this ered as an overall waste treatment system for chapter, the determination of the priority to be waste treatment and management, and shall be given each category of projects for construction that system which constitutes the most eco- of publicly owned treatment works within each nomical and cost-effective combination of de- State shall be made solely by that State, except vices and systems used in the storage, treat- that if the Administrator, after a public hear- ment, recycling, and reclamation of municipal ing, determines that a specific project will not sewage or industrial wastes of a liquid nature to result in compliance with the enforceable re- implement section 1281 of this title, or necessary quirements of this chapter, such project shall be to recycle or reuse water at the most economi- removed from the State’s priority list and such cal cost over the estimated life of the works, in- State shall submit a revised priority list. These cluding intercepting sewers, outfall sewers, sew- categories shall include, but not be limited to age collection systems, pumping power, and (A) secondary treatment, (B) more stringent other equipment, and their appurtenances; ex- treatment, (C) infiltration-in-flow correction, tension, improvements, remodeling, additions, (D) major sewer system rehabilitation, (E) new and alterations thereof; elements essential to collector sewers and appurtenances, (F) new provide a reliable recycled supply such as stand- interceptors and appurtenances, and (G) correc- by treatment units and clear well facilities; and tion of combined sewer overflows. Not less than any works, including site acquisition of the land 25 per centum of funds allocated to a State in that will be an integral part of the treatment any fiscal year under this subchapter for con- process (including land use for the storage of struction of publicly owned treatment works in treated wastewater in land treatment systems such State shall be obligated for those types of prior to land application) or which is used for ul- projects referred to in clauses (D), (E), (F), and timate disposal of residues resulting from such (G) of this section, if such projects are on such treatment; water efficiency measures and de- State’s priority list for that year and are other- vices; and any other method or system for pre- wise eligible for funding in that fiscal year. It is venting, abating, reducing, storing, treating, the policy of Congress that projects for waste- separating, or disposing of municipal waste, in- water treatment and management undertaken cluding storm water runoff, or industrial waste, with Federal financial assistance under this including waste in combined storm water and chapter by any State, municipality, or inter- sanitary sewer systems; to meet the require- municipal or interstate agency shall be projects ments of this chapter. which, in the estimation of the State, are de- (b) Determination by Administrator as pre- signed to achieve optimum water quality man- requisite to approval of grant agement, consistent with the public health and In accordance with the policy set forth in sub- water quality goals and requirements of this section (a) of this section, before the Adminis- chapter. trator approves any grant to any State, munici- (June 30, 1948, ch. 758, title II, § 216, as added pality, or intermunicipal or interstate agency Pub. L. 95–217, § 40, Dec. 27, 1977, 91 Stat. 1582; for the erection, building, acquisition, alter- amended Pub. L. 97–117, § 18, Dec. 29, 1981, 95 ation, remodeling, improvement, or extension of Stat. 1630.) any treatment works the Administrator shall determine that the facilities plan of which such AMENDMENTS treatment works are a part constitutes the most 1981—Pub. L. 97–117 inserted provision that it is the economical and cost-effective combination of policy of Congress that projects for wastewater treat- treatment works over the life of the project to ment and management undertaken with Federal finan- meet the requirements of this chapter, includ- cial assistance under this chapter by any State, mu- ing, but not limited to, consideration of con- nicipality, or intermunicipal or interstate agency be struction costs, operation, maintenance, and re- projects which, in the estimation of the State, are de- placement costs. signed to achieve optimum water quality management, (c) Value engineering review consistent with the public health and water quality goals and requirements of this chapter. In furtherance of the policy set forth in sub- section (a) of this section, the Administrator § 1297. Guidelines for cost-effectiveness analysis shall require value engineering review in con- nection with any treatment works, prior to ap- Any guidelines for cost-effectiveness analysis proval of any grant for the erection, building, published by the Administrator under this sub- acquisition, alteration, remodeling, improve- chapter shall provide for the identification and ment, or extension of such treatment works, in selection of cost effective alternatives to com- any case in which the cost of such erection, ply with the objectives and goals of this chapter building, acquisition, alteration, remodeling, and sections 1281(b), 1281(d), 1281(g)(2)(A), and improvement, or extension is projected to be in 1311(b)(2)(B) of this title. excess of $10,000,000. For purposes of this sub- (June 30, 1948, ch. 758, title II, § 217, as added section, the term ‘‘value engineering review’’ Pub. L. 95–217, § 41, Dec. 27, 1977, 91 Stat. 1582.) means a specialized cost control technique Page 389 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1300 which uses a systematic and creative approach under the Reclamation Projects Authorization to identify and to focus on unnecessarily high and Adjustment Act of 1992 (43 U.S.C. 390h et cost in a project in order to arrive at a cost sav- seq.) shall not be eligible for grant assistance ing without sacrificing the reliability or effi- under this section. ciency of the project. (2) Additional consideration (d) Projects affected In making grants under this section, the Ad- This section applies to projects for waste ministrator shall consider whether the project treatment and management for which no treat- is located within the boundaries of a State or ment works including a facilities plan for such area referred to in section 391 of title 43, and project have received Federal financial assist- within the geographic scope of the reclama- ance for the preparation of construction plans tion and reuse program conducted under the and specifications under this chapter before De- Reclamation Projects Authorization and Ad- cember 29, 1981. justment Act of 1992 (43 U.S.C. 390h et seq.). (June 30, 1948, ch. 758, title II, § 218, as added (3) Geographical distribution Pub. L. 97–117, § 19, Dec. 29, 1981, 95 Stat. 1630.) Alternative water source projects selected by the Administrator under this section shall § 1299. State certification of projects reflect a variety of geographical and environ- Whenever the Governor of a State which has mental conditions. been delegated sufficient authority to admin- (e) Committee resolution procedure ister the construction grant program under this (1) In general subchapter in that State certifies to the Admin- istrator that a grant application meets applica- No appropriation shall be made for any al- ble requirements of Federal and State law for ternative water source project under this sec- assistance under this subchapter, the Adminis- tion, the total Federal cost of which exceeds trator shall approve or disapprove such applica- $3,000,000, if such project has not been ap- tion within 45 days of the date of receipt of such proved by a resolution adopted by the Com- application. If the Administrator does not ap- mittee on Transportation and Infrastructure prove or disapprove such application within 45 of the House of Representatives or the Com- days of receipt, the application shall be deemed mittee on Environment and Public Works of approved. If the Administrator disapproves such the Senate. application the Administrator shall state in (2) Requirements for securing consideration writing the reasons for such disapproval. Any For purposes of securing consideration of ap- grant approved or deemed approved under this proval under paragraph (1), the Administrator section shall be subject to amounts provided in shall provide to a committee referred to in appropriation Acts. paragraph (1) such information as the commit- (June 30, 1948, ch. 758, title II, § 219, as added tee requests and the non-Federal sponsor shall Pub. L. 97–117, § 20, Dec. 29, 1981, 95 Stat. 1631.) provide to the committee information on the costs and relative needs for the alternative § 1300. Pilot program for alternative water water source project. source projects (f) Uses of grants (a) Policy Amounts from grants received under this sec- Nothing in this section shall be construed to tion may be used for engineering, design, con- affect the application of section 1251(g) of this struction, and final testing of alternative water title and all of the provisions of this section source projects designed to meet critical water shall be carried out in accordance with the pro- supply needs. Such amounts may not be used for visions of section 1251(g) of this title. planning, feasibility studies or for operation, maintenance, replacement, repair, or rehabilita- (b) In general tion. The Administrator may establish a pilot pro- (g) Cost sharing gram to make grants to State, interstate, and intrastate water resource development agencies The Federal share of the eligible costs of an (including water management districts and alternative water source project carried out water supply authorities), local government using assistance made available under this sec- agencies, private utilities, and nonprofit entities tion shall not exceed 50 percent. for alternative water source projects to meet (h) Reports critical water supply needs. On or before September 30, 2004, the Adminis- (c) Eligible entity trator shall transmit to Congress a report on the The Administrator may make grants under results of the pilot program established under this section to an entity only if the entity has this section, including progress made toward authority under State law to develop or provide meeting the critical water supply needs of the water for municipal, industrial, and agricultural participants in the pilot program. uses in an area of the State that is experiencing (i) Definitions critical water supply needs. In this section, the following definitions (d) Selection of projects apply: (1) Limitation (1) Alternative water source project A project that has received funds under the The term ‘‘alternative water source project’’ reclamation and reuse program conducted means a project designed to provide munici- § 1301 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 390

pal, industrial, and agricultural water supplies (4) is an Alaska Native Village. in an environmentally sustainable manner by (c) Financially distressed community conserving, managing, reclaiming, or reusing (1) Definition water or wastewater or by treating waste- water. Such term does not include water treat- In subsection (b) of this section, the term ment or distribution facilities. ‘‘financially distressed community’’ means a community that meets affordability criteria (2) Critical water supply needs established by the State in which the commu- The term ‘‘critical water supply needs’’ nity is located, if such criteria are developed means existing or reasonably anticipated fu- after public review and comment. ture water supply needs that cannot be met by (2) Consideration of impact on water and existing water supplies, as identified in a com- sewer rates prehensive statewide or regional water supply plan or assessment projected over a planning In determining if a community is a dis- period of at least 20 years. tressed community for the purposes of sub- section (b) of this section, the State shall con- (j) Authorization of appropriations sider, among other factors, the extent to There is authorized to be appropriated to which the rate of growth of a community’s tax carry out this section a total of $75,000,000 for base has been historically slow such that im- fiscal years 2002 through 2004. Such sums shall plementing a plan described in subsection remain available until expended. (b)(2) of this section would result in a signifi- (June 30, 1948, ch. 758, title II, § 220, as added cant increase in any water or sewer rate Pub. L. 106–457, title VI, § 602, Nov. 7, 2000, 114 charged by the community’s publicly owned Stat. 1975.) wastewater treatment facility. (3) Information to assist States REFERENCES IN TEXT The Administrator may publish information The Reclamation Projects Authorization and Adjust- to assist States in establishing affordability ment Act of 1992, referred to in subsec. (d)(1), (2), is Pub. L. 102–575, Oct. 30, 1992, 106 Stat. 4600, as amended. criteria under paragraph (1). Provisions relating to the reclamation and reuse pro- (d) Cost-sharing gram are classified generally to section 390h et seq. of The Federal share of the cost of activities car- Title 43, Public Lands. For complete classification of ried out using amounts from a grant made under this Act to the Code, see Short Title of 1992 Amend- ment note set out under section 371 of Title 43 and subsection (a) of this section shall be not less Tables. than 55 percent of the cost. The non-Federal share of the cost may include, in any amount, § 1301. Sewer overflow control grants public and private funds and in-kind services, (a) In general and may include, notwithstanding section 1383(h) of this title, financial assistance, includ- In any fiscal year in which the Administrator ing loans, from a State water pollution control has available for obligation at least $1,350,000,000 revolving fund. for the purposes of section 1381 of this title— (e) Administrative reporting requirements (1) the Administrator may make grants to States for the purpose of providing grants to a If a project receives grant assistance under municipality or municipal entity for planning, subsection (a) of this section and loan assistance design, and construction of treatment works from a State water pollution control revolving to intercept, transport, control, or treat mu- fund and the loan assistance is for 15 percent or nicipal combined sewer overflows and sanitary more of the cost of the project, the project may sewer overflows; and be administered in accordance with State water (2) subject to subsection (g) of this section, pollution control revolving fund administrative the Administrator may make a direct grant to reporting requirements for the purposes of a municipality or municipal entity for the streamlining such requirements. purposes described in paragraph (1). (f) Authorization of appropriations (b) Prioritization There is authorized to be appropriated to In selecting from among municipalities apply- carry out this section $750,000,000 for each of fis- ing for grants under subsection (a) of this sec- cal years 2002 and 2003. Such sums shall remain tion, a State or the Administrator shall give pri- available until expended. ority to an applicant that— (g) Allocation of funds (1) is a municipality that is a financially dis- (1) Fiscal year 2002 tressed community under subsection (c) of this Subject to subsection (h) of this section, the section; Administrator shall use the amounts appro- (2) has implemented or is complying with an priated to carry out this section for fiscal year implementation schedule for the nine mini- 2002 for making grants to municipalities and mum controls specified in the CSO control pol- municipal entities under subsection (a)(2) of icy referred to in section 1342(q)(1) of this title this section, in accordance with the criteria and has begun implementing a long-term mu- set forth in subsection (b) of this section. nicipal combined sewer overflow control plan or a separate sanitary sewer overflow control (2) Fiscal year 2003 plan; Subject to subsection (h) of this section, the (3) is requesting a grant for a project that is Administrator shall use the amounts appro- on a State’s intended use plan pursuant to sec- priated to carry out this section for fiscal year tion 1386(c) of this title; or 2003 as follows: Page 391 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1311

(A) Not to exceed $250,000,000 for making SUBCHAPTER III—STANDARDS AND grants to municipalities and municipal enti- ENFORCEMENT ties under subsection (a)(2) of this section, in accordance with the criteria set forth in sub- § 1311. Effluent limitations section (b) of this section. (a) Illegality of pollutant discharges except in (B) All remaining amounts for making compliance with law grants to States under subsection (a)(1) of Except as in compliance with this section and this section, in accordance with a formula to sections 1312, 1316, 1317, 1328, 1342, and 1344 of be established by the Administrator, after this title, the discharge of any pollutant by any providing notice and an opportunity for pub- person shall be unlawful. lic comment, that allocates to each State a (b) Timetable for achievement of objectives proportional share of such amounts based on the total needs of the State for municipal In order to carry out the objective of this combined sewer overflow controls and sani- chapter there shall be achieved— tary sewer overflow controls identified in (1)(A) not later than July 1, 1977, effluent the most recent survey conducted pursuant limitations for point sources, other than pub- to section 1375(b)(1) of this title. licly owned treatment works, (i) which shall require the application of the best practicable control technology currently available as de- (h) Administrative expenses fined by the Administrator pursuant to sec- Of the amounts appropriated to carry out this tion 1314(b) of this title, or (ii) in the case of section for each fiscal year— a discharge into a publicly owned treatment (1) the Administrator may retain an amount works which meets the requirements of sub- not to exceed 1 percent for the reasonable and paragraph (B) of this paragraph, which shall necessary costs of administering this section; require compliance with any applicable pre- and treatment requirements and any requirements (2) the Administrator, or a State, may retain under section 1317 of this title; and an amount not to exceed 4 percent of any (B) for publicly owned treatment works in grant made to a municipality or municipal en- existence on July 1, 1977, or approved pursuant tity under subsection (a) of this section, for to section 1283 of this title prior to June 30, the reasonable and necessary costs of admin- 1974 (for which construction must be com- istering the grant. pleted within four years of approval), effluent limitations based upon secondary treatment (i) Reports as defined by the Administrator pursuant to section 1314(d)(1) of this title; or, Not later than December 31, 2003, and periodi- (C) not later than July 1, 1977, any more cally thereafter, the Administrator shall trans- stringent limitation, including those nec- mit to Congress a report containing rec- essary to meet water quality standards, treat- ommended funding levels for grants under this ment standards, or schedules of compliance, section. The recommended funding levels shall established pursuant to any State law or regu- be sufficient to ensure the continued expeditious lations (under authority preserved by section implementation of municipal combined sewer 1370 of this title) or any other Federal law or overflow and sanitary sewer overflow controls regulation, or required to implement any ap- nationwide. plicable water quality standard established (June 30, 1948, ch. 758, title II, § 221, as added pursuant to this chapter. Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 112(c)], (2)(A) for pollutants identified in subpara- Dec. 21, 2000, 114 Stat. 2763, 2763A–225.) graphs (C), (D), and (F) of this paragraph, ef- fluent limitations for categories and classes of point sources, other than publicly owned INFORMATION ON CSOS AND SSOS treatment works, which (i) shall require appli- Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 112(d)], Dec. cation of the best available technology eco- 21, 2000, 114 Stat. 2763, 2763A–227, provided that: nomically achievable for such category or ‘‘(1) REPORT TO CONGRESS.—Not later than 3 years class, which will result in reasonable further after the date of enactment of this Act [Dec. 21, 2000], progress toward the national goal of eliminat- the Administrator of the Environmental Protection ing the discharge of all pollutants, as deter- Agency shall transmit to Congress a report summariz- ing— mined in accordance with regulations issued ‘‘(A) the extent of the human health and environ- by the Administrator pursuant to section mental impacts caused by municipal combined sewer 1314(b)(2) of this title, which such effluent lim- overflows and sanitary sewer overflows, including the itations shall require the elimination of dis- location of discharges causing such impacts, the vol- charges of all pollutants if the Administrator ume of pollutants discharged, and the constituents finds, on the basis of information available to discharged; him (including information developed pursu- ‘‘(B) the resources spent by municipalities to ad- ant to section 1325 of this title), that such dress these impacts; and elimination is technologically and economi- ‘‘(C) an evaluation of the technologies used by mu- cally achievable for a category or class of nicipalities to address these impacts. point sources as determined in accordance ‘‘(2) TECHNOLOGY CLEARINGHOUSE.—After transmitting with regulations issued by the Administrator a report under paragraph (1), the Administrator shall maintain a clearinghouse of cost-effective and efficient pursuant to section 1314(b)(2) of this title, or technologies for addressing human health and environ- (ii) in the case of the introduction of a pollut- mental impacts due to municipal combined sewer over- ant into a publicly owned treatment works flows and sanitary sewer overflows.’’ which meets the requirements of subparagraph § 1311 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 392

(B) of this paragraph, shall require compliance (c) Modification of timetable with any applicable pretreatment require- The Administrator may modify the require- ments and any other requirement under sec- ments of subsection (b)(2)(A) of this section with tion 1317 of this title; respect to any point source for which a permit (B) Repealed. Pub. L. 97–117, § 21(b), Dec. 29, application is filed after July 1, 1977, upon a 1981, 95 Stat. 1632. showing by the owner or operator of such point (C) with respect to all toxic pollutants re- source satisfactory to the Administrator that ferred to in table 1 of Committee Print Num- such modified requirements (1) will represent bered 95–30 of the Committee on Public Works the maximum use of technology within the eco- and Transportation of the House of Represent- nomic capability of the owner or operator; and atives compliance with effluent limitations in (2) will result in reasonable further progress to- accordance with subparagraph (A) of this para- ward the elimination of the discharge of pollut- graph as expeditiously as practicable but in no ants. case later than three years after the date such (d) Review and revision of effluent limitations limitations are promulgated under section 1314(b) of this title, and in no case later than Any effluent limitation required by paragraph March 31, 1989; (2) of subsection (b) of this section shall be re- (D) for all toxic pollutants listed under para- viewed at least every five years and, if appro- graph (1) of subsection (a) of section 1317 of priate, revised pursuant to the procedure estab- this title which are not referred to in subpara- lished under such paragraph. graph (C) of this paragraph compliance with (e) All point discharge source application of ef- effluent limitations in accordance with sub- fluent limitations paragraph (A) of this paragraph as expedi- Effluent limitations established pursuant to tiously as practicable, but in no case later this section or section 1312 of this title shall be than three years after the date such limita- applied to all point sources of discharge of pol- tions are promulgated under section 1314(b) of lutants in accordance with the provisions of this this title, and in no case later than March 31, chapter. 1989; (f) Illegality of discharge of radiological, chemi- (E) as expeditiously as practicable but in no cal, or biological warfare agents, high-level case later than three years after the date such radioactive waste, or medical waste limitations are promulgated under section 1314(b) of this title, and in no case later than Notwithstanding any other provisions of this March 31, 1989, compliance with effluent limi- chapter it shall be unlawful to discharge any ra- tations for categories and classes of point diological, chemical, or biological warfare sources, other than publicly owned treatment agent, any high-level radioactive waste, or any works, which in the case of pollutants identi- medical waste, into the navigable waters. fied pursuant to section 1314(a)(4) of this title (g) Modifications for certain nonconventional shall require application of the best conven- pollutants tional pollutant control technology as deter- (1) General authority mined in accordance with regulations issued by the Administrator pursuant to section The Administrator, with the concurrence of 1314(b)(4) of this title; and the State, may modify the requirements of (F) for all pollutants (other than those sub- subsection (b)(2)(A) of this section with re- ject to subparagraphs (C), (D), or (E) of this spect to the discharge from any point source paragraph) compliance with effluent limita- of ammonia, chlorine, color, iron, and total tions in accordance with subparagraph (A) of phenols (4AAP) (when determined by the Ad- this paragraph as expeditiously as practicable ministrator to be a pollutant covered by sub- but in no case later than 3 years after the date section (b)(2)(F) of this section) and any other such limitations are established, and in no pollutant which the Administrator lists under case later than March 31, 1989. paragraph (4) of this subsection. (3)(A) for effluent limitations under para- (2) Requirements for granting modifications graph (1)(A)(i) of this subsection promulgated A modification under this subsection shall after January 1, 1982, and requiring a level of be granted only upon a showing by the owner control substantially greater or based on fun- or operator of a point source satisfactory to damentally different control technology than the Administrator that— under permits for an industrial category is- (A) such modified requirements will result sued before such date, compliance as expedi- at a minimum in compliance with the re- tiously as practicable but in no case later than quirements of subsection (b)(1)(A) or (C) of three years after the date such limitations are this section, whichever is applicable; promulgated under section 1314(b) of this title, (B) such modified requirements will not re- and in no case later than March 31, 1989; and sult in any additional requirements on any (B) for any effluent limitation in accordance other point or nonpoint source; and with paragraph (1)(A)(i), (2)(A)(i), or (2)(E) of (C) such modification will not interfere this subsection established only on the basis with the attainment or maintenance of that of section 1342(a)(1) of this title in a permit is- water quality which shall assure protection sued after February 4, 1987, compliance as ex- of public water supplies, and the protection peditiously as practicable but in no case later and propagation of a balanced population of than three years after the date such limita- shellfish, fish, and wildlife, and allow rec- tions are established, and in no case later than reational activities, in and on the water and March 31, 1989. such modification will not result in the dis- Page 393 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1311

charge of pollutants in quantities which (i) must be filed not later than 270 days may reasonably be anticipated to pose an after the date of promulgation of an appli- unacceptable risk to human health or the cable effluent guideline under section 1314 environment because of bioaccumulation, of this title; persistency in the environment, acute tox- (ii) may be filed before promulgation of icity, chronic toxicity (including carcino- such guideline; and genicity, mutagenicity or teratogenicity), or (iii) may be filed with an application for synergistic propensities. a modification under paragraph (1) with (3) Limitation on authority to apply for sub- respect to the discharge of such pollutant. section (c) modification (D) Deadline for approval of petition If an owner or operator of a point source ap- A decision to add a pollutant to the list of plies for a modification under this subsection pollutants for which modifications under with respect to the discharge of any pollutant, this subsection are authorized must be made such owner or operator shall be eligible to within 270 days after the date of promulga- apply for modification under subsection (c) of tion of an applicable effluent guideline under this section with respect to such pollutant section 1314 of this title. only during the same time period as he is eli- (E) Burden of proof gible to apply for a modification under this The burden of proof for making the deter- subsection. minations under subparagraph (B) shall be (4) Procedures for listing additional pollutants on the petitioner. (A) General authority (5) Removal of pollutants Upon petition of any person, the Adminis- The Administrator may remove any pollut- trator may add any pollutant to the list of ant from the list of pollutants for which modi- pollutants for which modification under this fications are authorized under this subsection section is authorized (except for pollutants if the Administrator determines that adequate identified pursuant to section 1314(a)(4) of test methods and sufficient data are no longer this title, toxic pollutants subject to section available for determining whether or not 1317(a) of this title, and the thermal compo- modifications may be granted with respect to nent of discharges) in accordance with the such pollutant under paragraph (2) of this sub- provisions of this paragraph. section. (B) Requirements for listing (h) Modification of secondary treatment require- (i) Sufficient information ments The Administrator, with the concurrence of The person petitioning for listing of an the State, may issue a permit under section 1342 additional pollutant under this subsection of this title which modifies the requirements of shall submit to the Administrator suffi- subsection (b)(1)(B) of this section with respect cient information to make the determina- to the discharge of any pollutant from a pub- tions required by this subparagraph. licly owned treatment works into marine wa- (ii) Toxic criteria determination ters, if the applicant demonstrates to the satis- The Administrator shall determine faction of the Administrator that— whether or not the pollutant meets the (1) there is an applicable water quality criteria for listing as a toxic pollutant standard specific to the pollutant for which under section 1317(a) of this title. the modification is requested, which has been (iii) Listing as toxic pollutant identified under section 1314(a)(6) of this title; (2) the discharge of pollutants in accordance If the Administrator determines that the with such modified requirements will not pollutant meets the criteria for listing as interfere, alone or in combination with pollut- a toxic pollutant under section 1317(a) of ants from other sources, with the attainment this title, the Administrator shall list the or maintenance of that water quality which pollutant as a toxic pollutant under sec- assures protection of public water supplies and tion 1317(a) of this title. the protection and propagation of a balanced, (iv) Nonconventional criteria determina- indigenous population of shellfish, fish, and tion wildlife, and allows recreational activities, in If the Administrator determines that the and on the water; pollutant does not meet the criteria for (3) the applicant has established a system listing as a toxic pollutant under such sec- for monitoring the impact of such discharge tion and determines that adequate test on a representative sample of aquatic biota, to methods and sufficient data are available the extent practicable, and the scope of such to make the determinations required by monitoring is limited to include only those paragraph (2) of this subsection with re- scientific investigations which are necessary spect to the pollutant, the Administrator to study the effects of the proposed discharge; shall add the pollutant to the list of pol- (4) such modified requirements will not re- lutants specified in paragraph (1) of this sult in any additional requirements on any subsection for which modifications are au- other point or nonpoint source; thorized under this subsection. (5) all applicable pretreatment requirements for sources introducing waste into such treat- (C) Requirements for filing of petitions ment works will be enforced; A petition for listing of a pollutant under (6) in the case of any treatment works serv- this paragraph— ing a population of 50,000 or more, with respect § 1311 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 394

to any toxic pollutant introduced into such exhibit ambient water quality below applicable works by an industrial discharger for which water quality standards adopted for the protec- pollutant there is no applicable pretreatment tion of public water supplies, shellfish, fish and requirement in effect, sources introducing wildlife or recreational activities or such other waste into such works are in compliance with standards necessary to assure support and pro- all applicable pretreatment requirements, the tection of such uses. The prohibition contained applicant will enforce such requirements, and in the preceding sentence shall apply without the applicant has in effect a pretreatment pro- regard to the presence or absence of a causal re- gram which, in combination with the treat- lationship between such characteristics and the ment of discharges from such works, removes applicant’s current or proposed discharge. Not- the same amount of such pollutant as would withstanding any other provisions of this sub- be removed if such works were to apply sec- section, no permit may be issued under this sub- ondary treatment to discharges and if such section for discharge of a pollutant into the New works had no pretreatment program with re- York Bight Apex consisting of the ocean waters spect to such pollutant; of the Atlantic Ocean westward of 73 degrees 30 (7) to the extent practicable, the applicant minutes west longitude and northward of 40 de- has established a schedule of activities de- grees 10 minutes north latitude. signed to eliminate the entrance of toxic pol- (i) Municipal time extensions lutants from nonindustrial sources into such (1) Where construction is required in order for treatment works; (8) there will be no new or substantially in- a planned or existing publicly owned treatment creased discharges from the point source of works to achieve limitations under subsection the pollutant to which the modification ap- (b)(1)(B) or (b)(1)(C) of this section, but (A) con- plies above that volume of discharge specified struction cannot be completed within the time in the permit; required in such subsection, or (B) the United (9) the applicant at the time such modifica- States has failed to make financial assistance tion becomes effective will be discharging ef- under this chapter available in time to achieve fluent which has received at least primary or such limitations by the time specified in such equivalent treatment and which meets the cri- subsection, the owner or operator of such treat- teria established under section 1314(a)(1) of ment works may request the Administrator (or this title after initial mixing in the waters if appropriate the State) to issue a permit pur- surrounding or adjacent to the point at which suant to section 1342 of this title or to modify a such effluent is discharged. permit issued pursuant to that section to extend such time for compliance. Any such request For the purposes of this subsection the phrase shall be filed with the Administrator (or if ap- ‘‘the discharge of any pollutant into marine wa- propriate the State) within 180 days after Feb- ters’’ refers to a discharge into deep waters of ruary 4, 1987. The Administrator (or if appro- the territorial sea or the waters of the contig- priate the State) may grant such request and uous zone, or into saline estuarine waters where issue or modify such a permit, which shall con- there is strong tidal movement and other hydro- tain a schedule of compliance for the publicly logical and geological characteristics which the owned treatment works based on the earliest Administrator determines necessary to allow date by which such financial assistance will be compliance with paragraph (2) of this sub- available from the United States and construc- section, and section 1251(a)(2) of this title. For tion can be completed, but in no event later the purposes of paragraph (9), ‘‘primary or than July 1, 1988, and shall contain such other equivalent treatment’’ means treatment by terms and conditions, including those necessary screening, sedimentation, and skimming ade- to carry out subsections (b) through (g) of sec- quate to remove at least 30 percent of the bio- tion 1281 of this title, section 1317 of this title, logical oxygen demanding material and of the and such interim effluent limitations applicable suspended solids in the treatment works influ- to that treatment works as the Administrator ent, and disinfection, where appropriate. A mu- determines are necessary to carry out the provi- nicipality which applies secondary treatment sions of this chapter. shall be eligible to receive a permit pursuant to (2)(A) Where a point source (other than a pub- this subsection which modifies the requirements licly owned treatment works) will not achieve of subsection (b)(1)(B) of this section with re- the requirements of subsections (b)(1)(A) and spect to the discharge of any pollutant from any (b)(1)(C) of this section and— treatment works owned by such municipality (i) if a permit issued prior to July 1, 1977, to into marine waters. No permit issued under this such point source is based upon a discharge subsection shall authorize the discharge of sew- into a publicly owned treatment works; or age sludge into marine waters. In order for a (ii) if such point source (other than a pub- permit to be issued under this subsection for the licly owned treatment works) had before July discharge of a pollutant into marine waters, 1, 1977, a contract (enforceable against such such marine waters must exhibit characteristics point source) to discharge into a publicly assuring that water providing dilution does not owned treatment works; or contain significant amounts of previously dis- (iii) if either an application made before charged effluent from such treatment works. No July 1, 1977, for a construction grant under permit issued under this subsection shall au- this chapter for a publicly owned treatment thorize the discharge of any pollutant into sa- works, or engineering or architectural plans line estuarine waters which at the time of appli- or working drawings made before July 1, 1977, cation do not support a balanced indigenous for a publicly owned treatment works, show population of shellfish, fish and wildlife, or that such point source was to discharge into allow recreation in and on the waters or which such publicly owned treatment works, Page 395 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1311 and such publicly owned treatment works is modification under subsection (h) of this sec- presently unable to accept such discharge with- tion, may apply for a modification of sub- out construction, and in the case of a discharge section (h) of this section in its own right not to an existing publicly owned treatment works, later than 30 days after February 4, 1987, and such treatment works has an extension pursuant except as provided in paragraph (5); to paragraph (1) of this subsection, the owner or (B) subsection (b)(2)(A) of this section as it operator of such point source may request the applies to pollutants identified in subsection Administrator (or if appropriate the State) to (b)(2)(F) of this section shall be filed not later issue or modify such a permit pursuant to such than 270 days after the date of promulgation of section 1342 of this title to extend such time for an applicable effluent guideline under section compliance. Any such request shall be filed with 1314 of this title or not later than 270 days the Administrator (or if appropriate the State) after December 27, 1977, whichever is later. within 180 days after December 27, 1977, or the (2) Subject to paragraph (3) of this section, filing of a request by the appropriate publicly any application for a modification filed under owned treatment works under paragraph (1) of subsection (g) of this section shall not operate this subsection, whichever is later. If the Ad- to stay any requirement under this chapter, un- ministrator (or if appropriate the State) finds less in the judgment of the Administrator such that the owner or operator of such point source a stay or the modification sought will not result has acted in good faith, he may grant such re- in the discharge of pollutants in quantities quest and issue or modify such a permit, which which may reasonably be anticipated to pose an shall contain a schedule of compliance for the unacceptable risk to human health or the envi- point source to achieve the requirements of sub- ronment because of bioaccumulation, persist- sections (b)(1)(A) and (C) of this section and ency in the environment, acute toxicity, chronic shall contain such other terms and conditions, toxicity (including carcinogenicity, mutagenic- including pretreatment and interim effluent ity, or teratogenicity), or synergistic propen- limitations and water conservation require- sities, and that there is a substantial likelihood ments applicable to that point source, as the that the applicant will succeed on the merits of Administrator determines are necessary to such application. In the case of an application carry out the provisions of this chapter. filed under subsection (g) of this section, the Ad- (B) No time modification granted by the Ad- ministrator may condition any stay granted ministrator (or if appropriate the State) pursu- under this paragraph on requiring the filing of a ant to paragraph (2)(A) of this subsection shall bond or other appropriate security to assure extend beyond the earliest date practicable for timely compliance with the requirements from compliance or beyond the date of any extension which a modification is sought. granted to the appropriate publicly owned treat- (3) COMPLIANCE REQUIREMENTS UNDER SUB- ment works pursuant to paragraph (1) of this SECTION (g).— subsection, but in no event shall it extend be- (A) EFFECT OF FILING.—An application for a yond July 1, 1988; and no such time modification modification under subsection (g) of this sec- shall be granted unless (i) the publicly owned tion and a petition for listing of a pollutant as treatment works will be in operation and avail- a pollutant for which modifications are au- able to the point source before July 1, 1988, and thorized under such subsection shall not stay will meet the requirements of subsections the requirement that the person seeking such (b)(1)(B) and (C) of this section after receiving modification or listing comply with effluent the discharge from that point source; and (ii) limitations under this chapter for all pollut- the point source and the publicly owned treat- ants not the subject of such application or pe- ment works have entered into an enforceable tition. contract requiring the point source to discharge (B) EFFECT OF DISAPPROVAL.—Disapproval of into the publicly owned treatment works, the an application for a modification under sub- owner or operator of such point source to pay section (g) of this section shall not stay the re- the costs required under section 1284 of this quirement that the person seeking such modi- title, and the publicly owned treatment works fication comply with all applicable effluent to accept the discharge from the point source; limitations under this chapter. and (iii) the permit for such point source re- quires that point source to meet all require- (4) DEADLINE FOR SUBSECTION (g) DECISION.—An ments under section 1317(a) and (b) of this title application for a modification with respect to a during the period of such time modification. pollutant filed under subsection (g) of this sec- tion must be approved or disapproved not later (j) Modification procedures than 365 days after the date of such filing; ex- (1) Any application filed under this section for cept that in any case in which a petition for list- a modification of the provisions of— ing such pollutant as a pollutant for which (A) subsection (b)(1)(B) of this section under modifications are authorized under such sub- subsection (h) of this section shall be filed not section is approved, such application must be later that 1 the 365th day which begins after approved or disapproved not later than 365 days December 29, 1981, except that a publicly after the date of approval of such petition. owned treatment works which prior to Decem- (5) EXTENSION OF APPLICATION DEADLINE.— ber 31, 1982, had a contractual arrangement to (A) IN GENERAL.—In the 180-day period begin- use a portion of the capacity of an ocean out- ning on October 31, 1994, the city of San Diego, fall operated by another publicly owned treat- California, may apply for a modification pur- ment works which has applied for or received suant to subsection (h) of this section of the requirements of subsection (b)(1)(B) of this 1 So in original. Probably should be ‘‘than’’. section with respect to biological oxygen de- § 1311 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 396

mand and total suspended solids in the efflu- (m) Modification of effluent limitation require- ent discharged into marine waters. ments for point sources (B) APPLICATION.—An application under this (1) The Administrator, with the concurrence of paragraph shall include a commitment by the the State, may issue a permit under section 1342 applicant to implement a waste water rec- of this title which modifies the requirements of lamation program that, at a minimum, will— subsections (b)(1)(A) and (b)(2)(E) of this section, (i) achieve a system capacity of 45,000,000 and of section 1343 of this title, with respect to gallons of reclaimed waste water per day by effluent limitations to the extent such limita- January 1, 2010; and tions relate to biochemical oxygen demand and (ii) result in a reduction in the quantity of pH from discharges by an industrial discharger suspended solids discharged by the applicant in such State into deep waters of the territorial into the marine environment during the pe- seas, if the applicant demonstrates and the Ad- riod of the modification. ministrator finds that— (C) ADDITIONAL CONDITIONS.—The Adminis- (A) the facility for which modification is trator may not grant a modification pursuant sought is covered at the time of the enactment to an application submitted under this para- of this subsection by National Pollutant Dis- graph unless the Administrator determines charge Elimination System permit number that such modification will result in removal CA0005894 or CA0005282; of not less than 58 percent of the biological ox- (B) the energy and environmental costs of ygen demand (on an annual average) and not meeting such requirements of subsections less than 80 percent of total suspended solids (b)(1)(A) and (b)(2)(E) of this section and sec- (on a monthly average) in the discharge to tion 1343 of this title exceed by an unreason- which the application applies. able amount the benefits to be obtained, in- (D) PRELIMINARY DECISION DEADLINE.—The cluding the objectives of this chapter; Administrator shall announce a preliminary (C) the applicant has established a system decision on an application submitted under for monitoring the impact of such discharges this paragraph not later than 1 year after the on a representative sample of aquatic biota; date the application is submitted. (D) such modified requirements will not re- sult in any additional requirements on any (k) Innovative technology other point or nonpoint source; In the case of any facility subject to a permit (E) there will be no new or substantially in- under section 1342 of this title which proposes to creased discharges from the point source of comply with the requirements of subsection the pollutant to which the modification ap- (b)(2)(A) or (b)(2)(E) of this section by replacing plies above that volume of discharge specified existing production capacity with an innovative in the permit; production process which will result in an efflu- (F) the discharge is into waters where there ent reduction significantly greater than that re- is strong tidal movement and other hydro- quired by the limitation otherwise applicable to logical and geological characteristics which such facility and moves toward the national are necessary to allow compliance with this goal of eliminating the discharge of all pollut- subsection and section 1251(a)(2) of this title; (G) the applicant accepts as a condition to ants, or with the installation of an innovative the permit a contractural 2 obligation to use control technique that has a substantial likeli- funds in the amount required (but not less hood for enabling the facility to comply with than $250,000 per year for ten years) for re- the applicable effluent limitation by achieving a search and development of water pollution significantly greater effluent reduction than control technology, including but not limited that required by the applicable effluent limita- to closed cycle technology; tion and moves toward the national goal of (H) the facts and circumstances present a eliminating the discharge of all pollutants, or unique situation which, if relief is granted, by achieving the required reduction with an in- will not establish a precedent or the relax- novative system that has the potential for sig- ation of the requirements of this chapter ap- nificantly lower costs than the systems which plicable to similarly situated discharges; and have been determined by the Administrator to (I) no owner or operator of a facility com- be economically achievable, the Administrator parable to that of the applicant situated in the (or the State with an approved program under United States has demonstrated that it would section 1342 of this title, in consultation with be put at a competitive disadvantage to the the Administrator) may establish a date for applicant (or the parent company or any sub- compliance under subsection (b)(2)(A) or sidiary thereof) as a result of the issuance of (b)(2)(E) of this section no later than two years a permit under this subsection. after the date for compliance with such effluent limitation which would otherwise be applicable (2) The effluent limitations established under under such subsection, if it is also determined a permit issued under paragraph (1) shall be suf- that such innovative system has the potential ficient to implement the applicable State water for industrywide application. quality standards, to assure the protection of public water supplies and protection and propa- (l) Toxic pollutants gation of a balanced, indigenous population of Other than as provided in subsection (n) of shellfish, fish, fauna, wildlife, and other aquatic this section, the Administrator may not modify organisms, and to allow recreational activities any requirement of this section as it applies to in and on the water. In setting such limitations, any specific pollutant which is on the toxic pol- lutant list under section 1317(a)(1) of this title. 2 So in original. Probably should be ‘‘contractual’’. Page 397 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1311 the Administrator shall take into account any (2) Time limit for applications seasonal variations and the need for an adequate An application for an alternative require- margin of safety, considering the lack of essen- ment which modifies the requirements of an tial knowledge concerning the relationship be- effluent limitation or pretreatment standard tween effluent limitations and water quality under this subsection must be submitted to and the lack of essential knowledge of the ef- the Administrator within 180 days after the fects of discharges on beneficial uses of the re- date on which such limitation or standard is ceiving waters. established or revised, as the case may be. (3) A permit under this subsection may be is- sued for a period not to exceed five years, and (3) Time limit for decision such a permit may be renewed for one additional The Administrator shall approve or deny by period not to exceed five years upon a dem- final agency action an application submitted onstration by the applicant and a finding by the under this subsection within 180 days after the Administrator at the time of application for any date such application is filed with the Admin- such renewal that the provisions of this sub- istrator. section are met. (4) Submission of information (4) The Administrator may terminate a permit issued under this subsection if the Adminis- The Administrator may allow an applicant trator determines that there has been a decline under this subsection to submit information in ambient water quality of the receiving waters and supporting data until the earlier of the during the period of the permit even if a direct date the application is approved or denied or cause and effect relationship cannot be shown: the last day that the Administrator has to ap- Provided, That if the effluent from a source with prove or deny such application. a permit issued under this subsection is contrib- (5) Treatment of pending applications uting to a decline in ambient water quality of For the purposes of this subsection, an appli- the receiving waters, the Administrator shall cation for an alternative requirement based on terminate such permit. fundamentally different factors which is pend- (n) Fundamentally different factors ing on February 4, 1987, shall be treated as (1) General rule having been submitted to the Administrator The Administrator, with the concurrence of on the 180th day following February 4, 1987. the State, may establish an alternative re- The applicant may amend the application to quirement under subsection (b)(2) of this sec- take into account the provisions of this sub- tion or section 1317(b) of this title for a facil- section. ity that modifies the requirements of national (6) Effect of submission of application effluent limitation guidelines or categorical An application for an alternative require- pretreatment standards that would otherwise ment under this subsection shall not stay the be applicable to such facility, if the owner or applicant’s obligation to comply with the ef- operator of such facility demonstrates to the fluent limitation guideline or categorical pre- satisfaction of the Administrator that— treatment standard which is the subject of the (A) the facility is fundamentally different application. with respect to the factors (other than cost) specified in section 1314(b) or 1314(g) of this (7) Effect of denial title and considered by the Administrator in If an application for an alternative require- establishing such national effluent limita- ment which modifies the requirements of an tion guidelines or categorical pretreatment effluent limitation or pretreatment standard standards; under this subsection is denied by the Admin- (B) the application— istrator, the applicant must comply with such (i) is based solely on information and limitation or standard as established or re- supporting data submitted to the Adminis- vised, as the case may be. trator during the rulemaking for estab- (8) Reports lishment of the applicable national efflu- ent limitation guidelines or categorical By January 1, 1997, and January 1 of every pretreatment standard specifically raising odd-numbered year thereafter, the Adminis- the factors that are fundamentally dif- trator shall submit to the Committee on Envi- ferent for such facility; or ronment and Public Works of the Senate and (ii) is based on information and support- the Committee on Transportation and Infra- ing data referred to in clause (i) and infor- structure of the House of Representatives a re- mation and supporting data the applicant port on the status of applications for alter- did not have a reasonable opportunity to native requirements which modify the require- submit during such rulemaking; ments of effluent limitations under section 1311 or 1314 of this title or any national cat- (C) the alternative requirement is no less egorical pretreatment standard under section stringent than justified by the fundamental 1317(b) of this title filed before, on, or after difference; and February 4, 1987. (D) the alternative requirement will not o result in a non-water quality environmental ( ) Application fees impact which is markedly more adverse The Administrator shall prescribe and collect than the impact considered by the Adminis- from each applicant fees reflecting the reason- trator in establishing such national effluent able administrative costs incurred in reviewing limitation guideline or categorical pre- and processing applications for modifications treatment standard. submitted to the Administrator pursuant to sub- § 1311 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 398 sections (c), (g), (i), (k), (m), and (n) of this sec- Reclamation Act of 1977 [30 U.S.C. 1201 et seq.] tion, section 1314(d)(4) of this title, and section to any coal remining operation, including the 1326(a) of this title. All amounts collected by the application of such Act to suspended solids. Administrator under this subsection shall be de- (June 30, 1948, ch. 758, title III, § 301, as added posited into a special fund of the Treasury enti- Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 844; tled ‘‘Water Permits and Related Services’’ amended Pub. L. 95–217, §§ 42–47, 53(c), Dec. 27, which shall thereafter be available for appro- 1977, 91 Stat. 1582–1586, 1590; Pub. L. 97–117, §§ 21, priation to carry out activities of the Environ- 22(a)–(d), Dec. 29, 1981, 95 Stat. 1631, 1632; Pub. L. mental Protection Agency for which such fees 97–440, Jan. 8, 1983, 96 Stat. 2289; Pub. L. 100–4, were collected. title III, §§ 301(a)–(e), 302(a)–(d), 303(a), (b)(1), (p) Modified permit for coal remining operations (c)–(f), 304(a), 305, 306(a), (b), 307, Feb. 4, 1987, 101 (1) In general Stat. 29–37; Pub. L. 100–688, title III, § 3202(b), Subject to paragraphs (2) through (4) of this Nov. 18, 1988, 102 Stat. 4154; Pub. L. 103–431, § 2, subsection, the Administrator, or the State in Oct. 31, 1994, 108 Stat. 4396; Pub. L. 104–66, title any case which the State has an approved per- II, § 2021(b), Dec. 21, 1995, 109 Stat. 727.) mit program under section 1342(b) of this title, REFERENCES IN TEXT may issue a permit under section 1342 of this The Surface Mining Control and Reclamation Act of title which modifies the requirements of sub- 1977, referred to in subsec. (p)(4), is Pub. L. 95–87, Aug. section (b)(2)(A) of this section with respect to 3, 1977, 91 Stat. 445, as amended, which is classified gen- the pH level of any pre-existing discharge, and erally to chapter 25 (§ 1201 et seq.) of Title 30, Mineral with respect to pre-existing discharges of iron Lands and Mining. For complete classification of this and manganese from the remined area of any Act to the Code, see Short Title note set out under sec- coal remining operation or with respect to the tion 1201 of Title 30 and Tables. pH level or level of iron or manganese in any AMENDMENTS pre-existing discharge affected by the remin- ing operation. Such modified requirements 1995—Subsec. (n)(8). Pub. L. 104–66 substituted ‘‘By January 1, 1997, and January 1 of every odd-numbered shall apply the best available technology eco- year thereafter, the Administrator shall submit to the nomically achievable on a case-by-case basis, Committee on Environment and Public Works of the using best professional judgment, to set spe- Senate and the Committee on Transportation and In- cific numerical effluent limitations in each frastructure’’ for ‘‘Every 6 months after February 4, permit. 1987, the Administrator shall submit to the Committee (2) Limitations on Environment and Public Works of the Senate and the Committee on Public Works and Transportation’’. The Administrator or the State may only 1994—Subsec. (j)(1)(A). Pub. L. 103–431, § 2(1), inserted issue a permit pursuant to paragraph (1) if the before semicolon at end ‘‘, and except as provided in applicant demonstrates to the satisfaction of paragraph (5)’’. the Administrator or the State, as the case Subsec. (j)(5). Pub. L. 103–431, § 2(2), added par. (5). may be, that the coal remining operation will 1988—Subsec. (f). Pub. L. 100–688 substituted ‘‘, any high-level radioactive waste, or any medical waste,’’ result in the potential for improved water for ‘‘or high-level radioactive waste’’. quality from the remining operation but in no 1987—Subsec. (b)(2)(C). Pub. L. 100–4, § 301(a), struck event shall such a permit allow the pH level of out ‘‘not later than July 1, 1984,’’ before ‘‘with respect’’ any discharge, and in no event shall such a and inserted ‘‘as expeditiously as practicable but in no permit allow the discharges of iron and man- case later than three years after the date such limita- ganese, to exceed the levels being discharged tions are promulgated under section 1314(b) of this from the remined area before the coal remin- title, and in no case later than March 31, 1989’’ after ‘‘of ing operation begins. No discharge from, or af- this paragraph’’. Subsec. (b)(2)(D). Pub. L. 100–4, § 301(b), substituted fected by, the remining operation shall exceed ‘‘as expeditiously as practicable, but in no case later State water quality standards established than three years after the date such limitations are under section 1313 of this title. promulgated under section 1314(b) of this title, and in (3) Definitions no case later than March 31, 1989’’ for ‘‘not later than three years after the date such limitations are estab- For purposes of this subsection— lished’’. (A) Coal remining operation Subsec. (b)(2)(E). Pub. L. 100–4, § 301(c), substituted The term ‘‘coal remining operation’’ ‘‘as expeditiously as practicable but in no case later than three years after the date such limitations are means a coal mining operation which begins promulgated under section 1314(b) of this title, and in after February 4, 1987 at a site on which coal no case later than March 31, 1989, compliance with’’ for mining was conducted before August 3, 1977. ‘‘not later than July 1, 1984,’’. (B) Remined area Subsec. (b)(2)(F). Pub. L. 100–4, § 301(d), substituted ‘‘as expeditiously as practicable but in no case’’ for The term ‘‘remined area’’ means only that ‘‘not’’ and ‘‘and in no case later than March 31, 1989’’ area of any coal remining operation on for ‘‘or not later than July 1, 1984, whichever is later, which coal mining was conducted before Au- but in no case later than July 1, 1987’’. gust 3, 1977. Subsec. (b)(3). Pub. L. 100–4, § 301(e), added par. (3). (C) Pre-existing discharge Subsec. (g)(1). Pub. L. 100–4, § 302(a), substituted par. (1) for introductory provisions of former par. (1) which The term ‘‘pre-existing discharge’’ means read as follows: ‘‘The Administrator, with the concur- any discharge at the time of permit applica- rence of the State, shall modify the requirements of tion under this subsection. subsection (b)(2)(A) of this section with respect to the (4) Applicability of strip mining laws discharge of any pollutant (other than pollutants iden- tified pursuant to section 1314(a)(4) of this title, toxic Nothing in this subsection shall affect the pollutants subject to section 1317(a) of this title, and application of the Surface Mining Control and the thermal component of discharges) from any point Page 399 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1311 source upon a showing by the owner or operator of such a further provision that a municipality which applies point source satisfactory to the Administrator that—’’. secondary treatment be eligible to receive a permit Subpars (A) to (C) of former par. (1) were redesignated which modifies the requirements of subsec. (b)(1)(B) of as subpars. (A) to (C) of par. (2). this section with respect to the discharge of any pollut- Subsec. (g)(2). Pub. L. 100–4, § 302(a), (d)(2), inserted ant from any treatment works owned by such munici- introductory provisions of par. (2), and by so doing, re- pality into marine waters and that no permit issued designated subpars. (A) to (C) of former par. (1) as sub- under this subsection authorize the discharge of sewage pars. (A) to (C) of par. (2), realigned such subpars. with sludge into marine waters. subpar. (A) of par. (4), and redesignated former par. (2) Subsec. (i)(1), (2)(B). Pub. L. 97–117, § 21(a), substituted as (3). ‘‘July 1, 1988,’’ for ‘‘July 1, 1983,’’ wherever appearing. Subsec. (g)(3). Pub. L. 100–4, § 302(a), (d)(1), redesig- Par. (2)(B) contained a reference to ‘‘July 1, 1983;’’ nated former par. (2) as (3), inserted heading, and which was changed to ‘‘July 1, 1988;’’ as the probable in- aligned par. (3) with par. (4). tent of Congress in that reference to July 1, 1983, was Subsec. (g)(4), (5). Pub. L. 100–4, § 302(b), added pars. to the outside date for compliance for a point source (4) and (5). other than a publicly owned treatment works and sub- Subsec. (h). Pub. L. 100–4, § 303(d)(2), (e), in closing par. (B) allows a time extension for such a point source provisions, inserted provision defining ‘‘primary or up to the date granted in an extension for a publicly equivalent treatment’’ for purposes of par. (9) and pro- owned treatment works, which date was extended to visions placing limitations on issuance of permits for July 1, 1988, by Pub. L. 97–117. discharge of pollutant into marine waters and saline es- Subsec. (j)(1)(A). Pub. L. 97–117, § 22(d), substituted tuarine waters and prohibiting issuance of permit for ‘‘that the 365th day which begins after December 29, discharge of pollutant into New York Bight Apex. 1981’’ for ‘‘than 270 days after December 27, 1977’’. Subsec. (h)(2). Pub. L. 100–4, § 303(a), substituted ‘‘the 1977—Subsec. (b)(2)(A). Pub. L. 95–217, § 42(b), sub- discharge of pollutants in accordance with such modi- stituted ‘‘for pollutants identified in subparagraphs (C), fied requirements will not interfere, alone or in combi- (D), and (F) of this paragraph’’ for ‘‘not later than July nation with pollutants from other sources,’’ for ‘‘such 1, 1983’’. modified requirements will not interfere’’. Subsec. (b)(2)(C) to (F). Pub. L. 95–217, § 42(a), added Subsec. (h)(3). Pub. L. 100–4, § 303(b)(1), inserted ‘‘, and subpars. (C) to (F). the scope of such monitoring is limited to include only Subsec. (g). Pub. L. 95–217, § 43, added subsec. (g). those scientific investigations which are necessary to Subsec. (h). Pub. L. 95–217, § 44, added subsec. (h). study the effects of the proposed discharge’’ before Subsec. (i). Pub. L. 95–217, § 45, added subsec. (i). semicolon at end. Subsec. (j). Pub. L. 95–217, § 46, added subsec. (j). Subsec. (h)(6) to (9). Pub. L. 100–4, § 303(c), (d)(1), Subsec. (k). Pub. L. 95–217, § 47, added subsec. (k). added par. (6), redesignated former pars. (6) and (7) as Subsec. (l). Pub. L. 95–217, § 53(c), added subsec. (l). (7) and (8), respectively, substituted semicolon for pe- CHANGE OF NAME riod at end of par. (8), and added par. (9). Subsec. (i)(1). Pub. L. 100–4, § 304(a), substituted ‘‘Feb- Committee on Public Works and Transportation of ruary 4, 1987’’ for ‘‘December 27, 1977’’. House of Representatives treated as referring to Com- Subsec. (j)(1)(A). Pub. L. 100–4, § 303(f), inserted before mittee on Transportation and Infrastructure of House semicolon at end ‘‘, except that a publicly owned treat- of Representatives by section 1(a) of Pub. L. 104–14, set ment works which prior to December 31, 1982, had a out as a note preceding section 21 of Title 2, The Con- contractual arrangement to use a portion of the capac- gress. ity of an ocean outfall operated by another publicly EFFECTIVE DATE OF 1987 AMENDMENT owned treatment works which has applied for or re- ceived modification under subsection (h) of this sec- Section 302(e) of Pub. L. 100–4 provided that: tion, may apply for a modification of subsection (h) of ‘‘(1) GENERAL RULE.—Except as provided in paragraph this section in its own right not later than 30 days after (2), the amendments made by this section [amending February 4, 1987’’. this section] shall apply to all requests for modifica- Subsec. (j)(2). Pub. L. 100–4, § 302(c)(1), substituted tions under section 301(g) of the Federal Water Pollu- ‘‘Subject to paragraph (3) of this section, any’’ for tion Control Act [33 U.S.C. 1311(g)] pending on the date ‘‘Any’’. of the enactment of this Act [Feb. 4, 1987] and shall not Subsec. (j)(3), (4). Pub. L. 100–4, § 302(c)(2), added pars. have the effect of extending the deadline established in (3) and (4). section 301(j)(1)(B) of such Act. Subsec. (k). Pub. L. 100–4, § 305, substituted ‘‘two ‘‘(2) EXCEPTION.—The amendments made by this sec- years after the date for compliance with such effluent tion shall not affect any application for a modification limitation which would otherwise be applicable under with respect to the discharge of ammonia, chlorine, such subsection’’ for ‘‘July 1, 1987’’ and inserted ‘‘or color, iron, or total phenols (4AAP) under section 301(g) (b)(2)(E)’’ after ‘‘(b)(2)(A)’’ in two places. of the Federal Water Pollution Control Act pending on Subsec. (l). Pub. L. 100–4, § 306(b), substituted ‘‘Other the date of the enactment of this Act; except that the than as provided in subsection (n) of this section, the’’ Administrator must approve or disapprove such appli- for ‘‘The’’. cation not later than 365 days after the date of such en- Subsecs. (n), (o). Pub. L. 100–4, § 306(a), added subsecs. actment.’’ (n) and (o). Section 303(b)(2) of Pub. L. 100–4 provided that: ‘‘The Subsec. (p). Pub. L. 100–4, § 307, added subsec. (p). amendment made by subsection (b) [amending this sec- 1983—Subsec. (m). Pub. L. 97–440 added subsec. (m). tion] shall only apply to modifications and renewals of 1981—Subsec. (b)(2)(B). Pub. L. 97–117, § 21(b), struck modifications which are tentatively or finally approved out subpar. (B) which required that, not later than July after the date of the enactment of this Act [Feb. 4, 1, 1983, compliance by all publicly owned treatment 1987].’’ works with the requirements in section 1281(g)(2)(A) of Section 303(g) of Pub. L. 100–4 provided that: ‘‘The this title be achieved. amendments made by subsections (a), (c), (d), and (e) of Subsec. (h). Pub. L. 97–117, § 22(a) to (c), struck out in this section [amending this section] shall not apply to provision preceding par. (1) ‘‘in an existing discharge’’ an application for a permit under section 301(h) of the after ‘‘discharge of any pollutant’’, struck out par. (8), Federal Water Pollution Control Act [33 U.S.C. 1311(h)] which required the applicant to demonstrate to the sat- which has been tentatively or finally approved by the isfaction of the Administrator that any funds available Administrator before the date of the enactment of this to the owner of such treatment works under subchapter Act [Feb. 4, 1987]; except that such amendments shall II of this chapter be used to achieve the degree of efflu- apply to all renewals of such permits after such date of ent reduction required by section 1281(b) and (g)(2)(A) enactment.’’ of this title or to carry out the requirements of this Section 304(b) of Pub. L. 100–4 provided that: ‘‘The subsection, and inserted in provision following par. (7) amendment made by subsection (a) [amending this sec- § 1312 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 400 tion] shall not apply to those treatment works which quantities which may reasonably be anticipated to are subject to a compliance schedule established before pose an unacceptable risk to human health or the en- the date of the enactment of this Act [Feb. 4, 1987] by vironment because of bioaccumulation, persistency a court order or a final administrative order.’’ in the environment, acute toxicity, chronic toxicity (including carcinogenicity, mutagenicity, or tera- EFFECTIVE DATE OF 1981 AMENDMENT togenicity), or synergistic propensities.’’ Section 22(e) of Pub. L. 97–117 provided that: ‘‘The CERTAIN MUNICIPAL COMPLIANCE DEADLINES amendments made by this section [amending this sec- UNAFFECTED; EXCEPTION tion] shall take effect on the date of enactment of this Act [Dec. 29, 1981], except that no applicant, other than Section 21(a) of Pub. L. 97–117 provided in part that: the city of Avalon, California, who applies after the ‘‘The amendment made by this subsection [amending date of enactment of this Act for a permit pursuant to this section] shall not be interpreted or applied to ex- subsection (h) of section 301 of the Federal Water Pollu- tend the date for compliance with section 301(b)(1)(B) tion Control Act [33 U.S.C. 1311(h)] which modifies the or (C) of the Federal Water Pollution Control Act [33 requirements of subsection (b)(1)(B) of section 301 of U.S.C. 1311(b)(1)(B), (C)] beyond schedules for compli- such Act [33 U.S.C. 1311(b)(1)(B)] shall receive such per- ance in effect as of the date of enactment of this Act mit during the one-year period which begins on the [Dec. 29, 1981], except in cases where reductions in the date of enactment of this Act.’’ amount of financial assistance under this Act [Pub. L. 97–117, see Short Title of 1981 Amendment note set out REGULATIONS under section 1251 of this title] or changed conditions Section 301(f) of Pub. L. 100–4 provided that: ‘‘The Ad- affecting the rate of construction beyond the control of ministrator shall promulgate final regulations estab- the owner or operator will make it impossible to com- lishing effluent limitations in accordance with sections plete construction by July 1, 1983.’’ 301(b)(2)(A) and 307(b)(1) of the Federal Water Pollution Control Act [33 U.S.C. 1311(b)(2)(A), 1317(b)(1)] for all TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED TATES toxic pollutants referred to in table 1 of Committee S Print Numbered 95–30 of the Committee on Public For extension of territorial sea and contiguous zone Works and Transportation of the House of Representa- of United States, see Proc. No. 5928 and Proc. No. 7219, tives which are discharged from the categories of point respectively, set out as notes under section 1331 of Title sources in accordance with the following table: 43, Public Lands.

Date by which the § 1312. Water quality related effluent limitations ‘‘Category final regulation shall be promulgated (a) Establishment Organic chemicals and plastics and synthetic fibers ...... December 31, 1986. Whenever, in the judgment of the Adminis- Pesticides ...... December 31, 1986.’’ trator or as identified under section 1314(l) of this title, discharges of pollutants from a point PHOSPHATE FERTILIZER EFFLUENT LIMITATION source or group of point sources, with the appli- Amendment by section 306(a), (b) of Pub. L. 100–4 not cation of effluent limitations required under to be construed (A) to require the Administrator to per- section 1311(b)(2) of this title, would interfere mit the discharge of gypsum or gypsum waste into the with the attainment or maintenance of that navigable waters, (B) to affect the procedures and water quality in a specific portion of the navi- standards applicable to the Administrator in issuing gable waters which shall assure protection of permits under section 1342(a)(1)(B) of this title, and (C) public health, public water supplies, agricul- to affect the authority of any State to deny or condi- tion certification under section 1314 of this title with tural and industrial uses, and the protection and respect to the issuance of permits under section propagation of a balanced population of shell- 1342(a)(1)(B) of this title, see section 306(c) of Pub. L. fish, fish and wildlife, and allow recreational ac- 100–4, set out as a note under section 1342 of this title. tivities in and on the water, effluent limitations (including alternative effluent control strate- DISCHARGES FROM POINT SOURCES IN UNITED STATES gies) for such point source or sources shall be es- VIRGIN ISLANDS ATTRIBUTABLE TO MANUFACTURE OF RUM; EXEMPTION FROM FEDERAL WATER POLLUTION tablished which can reasonably be expected to CONTROL REQUIREMENTS; CONDITIONS contribute to the attainment or maintenance of such water quality. Pub. L. 98–67, title II, § 214(g), Aug. 5, 1983, 97 Stat. 393, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. (b) Modifications of effluent limitations 2095, provided that: ‘‘Any discharge from a point source (1) Notice and hearing in the United States Virgin Islands in existence on the date of the enactment of this subsection [Aug. 5, 1983] Prior to establishment of any effluent limi- which discharge is attributable to the manufacture of tation pursuant to subsection (a) of this sec- rum (as defined in paragraphs (3) of section 7652(c) of tion, the Administrator shall publish such pro- the Internal Revenue Code of 1986 [formerly I.R.C. 1954]) posed limitation and within 90 days of such [26 U.S.C. 7652(c)(3)] shall not be subject to the require- publication hold a public hearing. ments of section 301 (other than toxic pollutant dis- charges), section 306 or section 403 of the Federal Water (2) Permits Pollution Control Act [33 U.S.C. 1311, 1316, 1343] if— (A) No reasonable relationship ‘‘(1) such discharge occurs at least one thousand five hundred feet into the territorial sea from the line The Administrator, with the concurrence of ordinary low water from that portion of the coast of the State, may issue a permit which which is in direct contact with the sea, and modifies the effluent limitations required by ‘‘(2) the Governor of the United States Virgin Is- subsection (a) of this section for pollutants lands determines that such discharge will not inter- other than toxic pollutants if the applicant fere with the attainment or maintenance of that demonstrates at such hearing that (whether water quality which shall assure protection of public water supplies, and the protection and propagation of or not technology or other alternative con- a balanced population of shellfish, fish, and wildlife, trol strategies are available) there is no rea- and allow recreational activities, in and on the water sonable relationship between the economic and will not result in the discharge of pollutants in and social costs and the benefits to be ob- Page 401 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1313

tained (including attainment of the objec- of this Act as in effect immediately prior to Oc- tive of this chapter) from achieving such tober 18, 1972. If the Administrator makes such limitation. a determination he shall, within three months (B) Reasonable progress after October 18, 1972, notify the State and speci- fy the changes needed to meet such require- The Administrator, with the concurrence ments. If such changes are not adopted by the of the State, may issue a permit which State within ninety days after the date of such modifies the effluent limitations required by notification, the Administrator shall promul- subsection (a) of this section for toxic pol- gate such changes in accordance with subsection lutants for a single period not to exceed 5 (b) of this section. years if the applicant demonstrates to the (2) Any State which, before October 18, 1972, satisfaction of the Administrator that such has adopted, pursuant to its own law, water modified requirements (i) will represent the quality standards applicable to intrastate wa- maximum degree of control within the eco- ters shall submit such standards to the Adminis- nomic capability of the owner and operator trator within thirty days after October 18, 1972. of the source, and (ii) will result in reason- Each such standard shall remain in effect, in the able further progress beyond the require- same manner and to the same extent as any ments of section 1311(b)(2) of this title to- other water quality standard established under ward the requirements of subsection (a) of this chapter unless the Administrator deter- this section. mines that such standard is inconsistent with (c) Delay in application of other limitations the applicable requirements of this Act as in ef- The establishment of effluent limitations fect immediately prior to October 18, 1972. If the under this section shall not operate to delay the Administrator makes such a determination he application of any effluent limitation estab- shall not later than the one hundred and twenti- lished under section 1311 of this title. eth day after the date of submission of such standards, notify the State and specify the (June 30, 1948, ch. 758, title III, § 302, as added changes needed to meet such requirements. If Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 846; such changes are not adopted by the State with- amended Pub. L. 100–4, title III, § 308(e), Feb. 4, in ninety days after such notification, the Ad- 1987, 101 Stat. 39.) ministrator shall promulgate such changes in AMENDMENTS accordance with subsection (b) of this section. (3)(A) Any State which prior to October 18, 1987—Subsec. (a). Pub. L. 100–4, § 308(e)(2), inserted ‘‘or 1972, has not adopted pursuant to its own laws as identified under section 1314(l) of this title’’ after water quality standards applicable to intrastate ‘‘Administrator’’ and ‘‘public health,’’ after ‘‘protec- waters shall, not later than one hundred and tion of’’. Subsec. (b). Pub. L. 100–4, § 308(e)(1), amended subsec. eighty days after October 18, 1972, adopt and sub- (b) generally. Prior to amendment, subsec. (b) read as mit such standards to the Administrator. follows: (B) If the Administrator determines that any ‘‘(1) Prior to establishment of any effluent limitation such standards are consistent with the applica- pursuant to subsection (a) of this section, the Adminis- ble requirements of this Act as in effect imme- trator shall issue notice of intent to establish such lim- diately prior to October 18, 1972, he shall approve itation and within ninety days of such notice hold a such standards. public hearing to determine the relationship of the eco- (C) If the Administrator determines that any nomic and social costs of achieving any such limitation such standards are not consistent with the ap- or limitations, including any economic or social dis- plicable requirements of this Act as in effect im- location in the affected community or communities, to mediately prior to October 18, 1972, he shall, not the social and economic benefits to be obtained (includ- ing the attainment of the objective of this chapter) and later than the ninetieth day after the date of to determine whether or not such effluent limitations submission of such standards, notify the State can be implemented with available technology or other and specify the changes to meet such require- alternative control strategies. ments. If such changes are not adopted by the ‘‘(2) If a person affected by such limitation dem- State within ninety days after the date of notifi- onstrates at such hearing that (whether or not such cation, the Administrator shall promulgate such technology or other alternative control strategies are standards pursuant to subsection (b) of this sec- available) there is no reasonable relationship between tion. the economic and social costs and the benefits to be ob- tained (including attainment of the objective of this (b) Proposed regulations chapter), such limitation shall not become effective (1) The Administrator shall promptly prepare and the Administrator shall adjust such limitation as and publish proposed regulations setting forth it applies to such person.’’ water quality standards for a State in accord- § 1313. Water quality standards and implementa- ance with the applicable requirements of this tion plans Act as in effect immediately prior to October 18, 1972, if— (a) Existing water quality standards (A) the State fails to submit water quality (1) In order to carry out the purpose of this standards within the times prescribed in sub- chapter, any water quality standard applicable section (a) of this section. to interstate waters which was adopted by any (B) a water quality standard submitted by State and submitted to, and approved by, or is such State under subsection (a) of this section awaiting approval by, the Administrator pursu- is determined by the Administrator not to be ant to this Act as in effect immediately prior to consistent with the applicable requirements of October 18, 1972, shall remain in effect unless the subsection (a) of this section. Administrator determined that such standard is (2) The Administrator shall promulgate any not consistent with the applicable requirements water quality standard published in a proposed § 1313 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 402 regulation not later than one hundred and nine- State and specify the changes to meet such re- ty days after the date he publishes any such pro- quirements. If such changes are not adopted by posed standard, unless prior to such promulga- the State within ninety days after the date of tion, such State has adopted a water quality notification, the Administrator shall promul- standard which the Administrator determines to gate such standard pursuant to paragraph (4) of be in accordance with subsection (a) of this sec- this subsection. tion. (4) The Administrator shall promptly prepare (c) Review; revised standards; publication and publish proposed regulations setting forth a revised or new water quality standard for the (1) The Governor of a State or the State water navigable waters involved— pollution control agency of such State shall (A) if a revised or new water quality stand- from time to time (but at least once each three ard submitted by such State under paragraph year period beginning with October 18, 1972) hold (3) of this subsection for such waters is deter- public hearings for the purpose of reviewing ap- mined by the Administrator not to be consist- plicable water quality standards and, as appro- ent with the applicable requirements of this priate, modifying and adopting standards. Re- chapter, or sults of such review shall be made available to (B) in any case where the Administrator de- the Administrator. termines that a revised or new standard is nec- (2)(A) Whenever the State revises or adopts a essary to meet the requirements of this chap- new standard, such revised or new standard shall ter. be submitted to the Administrator. Such revised or new water quality standard shall consist of The Administrator shall promulgate any revised the designated uses of the navigable waters in- or new standard under this paragraph not later volved and the water quality criteria for such than ninety days after he publishes such pro- waters based upon such uses. Such standards posed standards, unless prior to such promulga- shall be such as to protect the public health or tion, such State has adopted a revised or new welfare, enhance the quality of water and serve water quality standard which the Administrator the purposes of this chapter. Such standards determines to be in accordance with this chap- shall be established taking into consideration ter. their use and value for public water supplies, (d) Identification of areas with insufficient con- propagation of fish and wildlife, recreational trols; maximum daily load; certain effluent purposes, and agricultural, industrial, and other limitations revision purposes, and also taking into consideration (1)(A) Each State shall identify those waters their use and value for navigation. within its boundaries for which the effluent lim- (B) Whenever a State reviews water quality itations required by section 1311(b)(1)(A) and standards pursuant to paragraph (1) of this sub- section 1311(b)(1)(B) of this title are not strin- section, or revises or adopts new standards pur- gent enough to implement any water quality suant to this paragraph, such State shall adopt standard applicable to such waters. The State criteria for all toxic pollutants listed pursuant shall establish a priority ranking for such wa- to section 1317(a)(1) of this title for which cri- ters, taking into account the severity of the pol- teria have been published under section 1314(a) lution and the uses to be made of such waters. of this title, the discharge or presence of which (B) Each State shall identify those waters or in the affected waters could reasonably be ex- parts thereof within its boundaries for which pected to interfere with those designated uses controls on thermal discharges under section adopted by the State, as necessary to support 1311 of this title are not stringent enough to as- such designated uses. Such criteria shall be spe- sure protection and propagation of a balanced cific numerical criteria for such toxic pollut- indigenous population of shellfish, fish, and ants. Where such numerical criteria are not wildlife. available, whenever a State reviews water qual- (C) Each State shall establish for the waters ity standards pursuant to paragraph (1), or re- identified in paragraph (1)(A) of this subsection, vises or adopts new standards pursuant to this and in accordance with the priority ranking, the paragraph, such State shall adopt criteria based total maximum daily load, for those pollutants on biological monitoring or assessment methods which the Administrator identifies under sec- consistent with information published pursuant tion 1314(a)(2) of this title as suitable for such to section 1314(a)(8) of this title. Nothing in this calculation. Such load shall be established at a section shall be construed to limit or delay the level necessary to implement the applicable use of effluent limitations or other permit con- water quality standards with seasonal vari- ditions based on or involving biological monitor- ations and a margin of safety which takes into ing or assessment methods or previously adopt- account any lack of knowledge concerning the ed numerical criteria. relationship between effluent limitations and (3) If the Administrator, within sixty days water quality. after the date of submission of the revised or (D) Each State shall estimate for the waters new standard, determines that such standard identified in paragraph (1)(B) of this subsection meets the requirements of this chapter, such the total maximum daily thermal load required standard shall thereafter be the water quality to assure protection and propagation of a bal- standard for the applicable waters of that State. anced, indigenous population of shellfish, fish, If the Administrator determines that any such and wildlife. Such estimates shall take into ac- revised or new standard is not consistent with count the normal water temperatures, flow the applicable requirements of this chapter, he rates, seasonal variations, existing sources of shall not later than the ninetieth day after the heat input, and the dissipative capacity of the date of submission of such standard notify the identified waters or parts thereof. Such esti- Page 403 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1313 mates shall include a calculation of the maxi- mitting standard may be revised only if such mum heat input that can be made into each revision is subject to and consistent with the such part and shall include a margin of safety antidegradation policy established under this which takes into account any lack of knowledge section. concerning the development of thermal water quality criteria for such protection and propaga- (e) Continuing planning process tion in the identified waters or parts thereof. (1) Each State shall have a continuing plan- (2) Each State shall submit to the Adminis- ning process approved under paragraph (2) of trator from time to time, with the first such this subsection which is consistent with this submission not later than one hundred and chapter. eighty days after the date of publication of the (2) Each State shall submit not later than 120 first identification of pollutants under section days after October 18, 1972, to the Administrator 1314(a)(2)(D) of this title, for his approval the for his approval a proposed continuing planning waters identified and the loads established process which is consistent with this chapter. under paragraphs (1)(A), (1)(B), (1)(C), and (1)(D) Not later than thirty days after the date of sub- of this subsection. The Administrator shall ei- mission of such a process the Administrator ther approve or disapprove such identification shall either approve or disapprove such process. and load not later than thirty days after the The Administrator shall from time to time re- date of submission. If the Administrator ap- view each State’s approved planning process for proves such identification and load, such State the purpose of insuring that such planning proc- shall incorporate them into its current plan ess is at all times consistent with this chapter. under subsection (e) of this section. If the Ad- The Administrator shall not approve any State ministrator disapproves such identification and permit program under subchapter IV of this load, he shall not later than thirty days after chapter for any State which does not have an the date of such disapproval identify such wa- approved continuing planning process under this ters in such State and establish such loads for section. such waters as he determines necessary to im- (3) The Administrator shall approve any con- plement the water quality standards applicable tinuing planning process submitted to him to such waters and upon such identification and under this section which will result in plans for establishment the State shall incorporate them all navigable waters within such State, which into its current plan under subsection (e) of this include, but are not limited to, the following: section. (A) effluent limitations and schedules of (3) For the specific purpose of developing in- compliance at least as stringent as those re- formation, each State shall identify all waters quired by section 1311(b)(1), section 1311(b)(2), within its boundaries which it has not identified section 1316, and section 1317 of this title, and under paragraph (1)(A) and (1)(B) of this sub- at least as stringent as any requirements con- section and estimate for such waters the total tained in any applicable water quality stand- maximum daily load with seasonal variations ard in effect under authority of this section; and margins of safety, for those pollutants (B) the incorporation of all elements of any which the Administrator identifies under sec- applicable area-wide waste management plans tion 1314(a)(2) of this title as suitable for such under section 1288 of this title, and applicable calculation and for thermal discharges, at a basin plans under section 1289 of this title; level that would assure protection and propaga- (C) total maximum daily load for pollutants tion of a balanced indigenous population of fish, in accordance with subsection (d) of this sec- shellfish, and wildlife. tion; (4) LIMITATIONS ON REVISION OF CERTAIN EFFLU- (D) procedures for revision; ENT LIMITATIONS.— (A) STANDARD NOT ATTAINED.—For waters (E) adequate authority for intergovern- identified under paragraph (1)(A) where the ap- mental cooperation; plicable water quality standard has not yet (F) adequate implementation, including been attained, any effluent limitation based schedules of compliance, for revised or new on a total maximum daily load or other waste water quality standards, under subsection (c) load allocation established under this section of this section; may be revised only if (i) the cumulative ef- (G) controls over the disposition of all resid- fect of all such revised effluent limitations ual waste from any water treatment process- based on such total maximum daily load or ing; waste load allocation will assure the attain- (H) an inventory and ranking, in order of ment of such water quality standard, or (ii) priority, of needs for construction of waste the designated use which is not being attained treatment works required to meet the applica- is removed in accordance with regulations es- ble requirements of sections 1311 and 1312 of tablished under this section. this title. (B) STANDARD ATTAINED.—For waters identi- fied under paragraph (1)(A) where the quality (f) Earlier compliance of such waters equals or exceeds levels nec- Nothing in this section shall be construed to essary to protect the designated use for such affect any effluent limitation, or schedule of waters or otherwise required by applicable compliance required by any State to be imple- water quality standards, any effluent limita- mented prior to the dates set forth in sections tion based on a total maximum daily load or 1311(b)(1) and 1311(b)(2) of this title nor to pre- other waste load allocation established under clude any State from requiring compliance with this section, or any water quality standard es- any effluent limitation or schedule of compli- tablished under this section, or any other per- ance at dates earlier than such dates. § 1313a TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 404

(g) Heat standards REFERENCES IN TEXT Water quality standards relating to heat shall This Act, referred to in subsecs. (a)(1), (2), (3)(B), (C) be consistent with the requirements of section and (b)(1), means act June 30, 1948, ch. 758, 62 Stat. 1155, 1326 of this title. prior to the supersedure and reenactment of act June 30, 1948 by act Oct. 18, 1972, Pub. L. 92–500, 86 Stat. 816. (h) Thermal water quality standards Act June 30, 1948, ch. 758, as added by act Oct. 18, 1972, For the purposes of this chapter the term Pub. L. 92–500, 86 Stat. 816, enacted this chapter. ‘‘water quality standards’’ includes thermal AMENDMENTS water quality standards. 2000—Subsec. (i). Pub. L. 106–284 added subsec. (i). (i) Coastal recreation water quality criteria 1987—Subsec. (c)(2). Pub. L. 100–4, § 308(d), designated (1) Adoption by States existing provision as subpar. (A) and added subpar. (B). Subsec. (d)(4). Pub. L. 100–4, § 404(b), added par. (4). (A) Initial criteria and standards § 1313a. Revised water quality standards Not later than 42 months after October 10, 2000, each State having coastal recreation The review, revision, and adoption or promul- waters shall adopt and submit to the Admin- gation of revised or new water quality standards istrator water quality criteria and standards pursuant to section 303(c) of the Federal Water for the coastal recreation waters of the Pollution Control Act [33 U.S.C. 1313(c)] shall be State for those pathogens and pathogen indi- completed by the date three years after Decem- cators for which the Administrator has pub- ber 29, 1981. No grant shall be made under title lished criteria under section 1314(a) of this II of the Federal Water Pollution Control Act [33 title. U.S.C. 1281 et seq.] after such date until water (B) New or revised criteria and standards quality standards are reviewed and revised pur- suant to section 303(c), except where the State Not later than 36 months after the date of has in good faith submitted such revised water publication by the Administrator of new or quality standards and the Administrator has not revised water quality criteria under section acted to approve or disapprove such submission 1314(a)(9) of this title, each State having within one hundred and twenty days of receipt. coastal recreation waters shall adopt and submit to the Administrator new or revised (Pub. L. 97–117, § 24, Dec. 29, 1981, 95 Stat. 1632.) water quality standards for the coastal REFERENCES IN TEXT recreation waters of the State for all patho- gens and pathogen indicators to which the The Federal Water Pollution Control Act, referred to in text, is act June 30, 1948, ch. 758, as amended gener- new or revised water quality criteria are ap- ally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816. Title plicable. II of the Act is classified generally to subchapter II (2) Failure of States to adopt (§ 1281 et seq.) of this chapter. For complete classifica- tion of this Act to the Code, see Short Title note set (A) In general out under section 1251 of this title and Tables. If a State fails to adopt water quality cri- CODIFICATION teria and standards in accordance with para- graph (1)(A) that are as protective of human Section was enacted as part of the Municipal Waste- health as the criteria for pathogens and water Treatment Construction Grant Amendments of 1981, and not as part of the Federal Water Pollution pathogen indicators for coastal recreation Control Act which comprises this chapter. waters published by the Administrator, the Administrator shall promptly propose regu- § 1314. Information and guidelines lations for the State setting forth revised or (a) Criteria development and publication new water quality standards for pathogens and pathogen indicators described in para- (1) The Administrator, after consultation with graph (1)(A) for coastal recreation waters of appropriate Federal and State agencies and the State. other interested persons, shall develop and pub- lish, within one year after October 18, 1972 (and (B) Exception from time to time thereafter revise) criteria for If the Administrator proposes regulations water quality accurately reflecting the latest for a State described in subparagraph (A) scientific knowledge (A) on the kind and extent under subsection (c)(4)(B) of this section, the of all identifiable effects on health and welfare Administrator shall publish any revised or including, but not limited to, plankton, fish, new standard under this subsection not later shellfish, wildlife, plant life, shorelines, beaches, than 42 months after October 10, 2000. esthetics, and recreation which may be expected (3) Applicability from the presence of pollutants in any body of water, including ground water; (B) on the con- Except as expressly provided by this sub- centration and dispersal of pollutants, or their section, the requirements and procedures of byproducts, through biological, physical, and subsection (c) of this section apply to this sub- chemical processes; and (C) on the effects of pol- section, including the requirement in sub- lutants on biological community diversity, pro- section (c)(2)(A) of this section that the cri- ductivity, and stability, including information teria protect public health and welfare. on the factors affecting rates of eutrophication (June 30, 1948, ch. 758, title III, § 303, as added and rates of organic and inorganic sedimenta- Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 846; tion for varying types of receiving waters. amended Pub. L. 100–4, title III, § 308(d), title IV, (2) The Administrator, after consultation with § 404(b), Feb. 4, 1987, 101 Stat. 39, 68; Pub. L. appropriate Federal and State agencies and 106–284, § 2, Oct. 10, 2000, 114 Stat. 870.) other interested persons, shall develop and pub- Page 405 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1314 lish, within one year after October 18, 1972 (and information on methods for establishing and from time to time thereafter revise) information measuring water quality criteria for toxic pol- (A) on the factors necessary to restore and lutants on other bases than pollutant-by-pollut- maintain the chemical, physical, and biological ant criteria, including biological monitoring and integrity of all navigable waters, ground waters, assessment methods. waters of the contiguous zone, and the oceans; (9) REVISED CRITERIA FOR COASTAL RECREATION (B) on the factors necessary for the protection WATERS.— and propagation of shellfish, fish, and wildlife (A) IN GENERAL.—Not later than 5 years after for classes and categories of receiving waters October 10, 2000, after consultation and in co- and to allow recreational activities in and on operation with appropriate Federal, State, the water; and (C) on the measurement and clas- tribal, and local officials (including local sification of water quality; and (D) for the pur- health officials), the Administrator shall pub- pose of section 1313 of this title, on and the iden- lish new or revised water quality criteria for tification of pollutants suitable for maximum pathogens and pathogen indicators (including daily load measurement correlated with the a revised list of testing methods, as appro- achievement of water quality objectives. priate), based on the results of the studies con- (3) Such criteria and information and revisions ducted under section 1254(v) of this title, for thereof shall be issued to the States and shall be the purpose of protecting human health in published in the Federal Register and otherwise coastal recreation waters. made available to the public. (B) REVIEWS.—Not later than the date that (4) The Administrator shall, within 90 days is 5 years after the date of publication of after December 27, 1977, and from time to time water quality criteria under this paragraph, thereafter, publish and revise as appropriate in- and at least once every 5 years thereafter, the formation identifying conventional pollutants, Administrator shall review and, as necessary, including but not limited to, pollutants classi- revise the water quality criteria. fied as biological oxygen demanding, suspended (b) Effluent limitation guidelines solids, fecal coliform, and pH. The thermal com- ponent of any discharge shall not be identified For the purpose of adopting or revising efflu- as a conventional pollutant under this para- ent limitations under this chapter the Adminis- graph. trator shall, after consultation with appropriate (5)(A) The Administrator, to the extent prac- Federal and State agencies and other interested ticable before consideration of any request persons, publish within one year of October 18, under section 1311(g) of this title and within six 1972, regulations, providing guidelines for efflu- months after December 27, 1977, shall develop ent limitations, and, at least annually there- and publish information on the factors nec- after, revise, if appropriate, such regulations. essary for the protection of public water sup- Such regulations shall— plies, and the protection and propagation of a (1)(A) identify, in terms of amounts of con- balanced population of shellfish, fish and wild- stituents and chemical, physical, and biologi- life, and to allow recreational activities, in and cal characteristics of pollutants, the degree of on the water. effluent reduction attainable through the ap- (B) The Administrator, to the extent prac- plication of the best practicable control tech- ticable before consideration of any application nology currently available for classes and cat- under section 1311(h) of this title and within six egories of point sources (other than publicly months after December 27, 1977, shall develop owned treatment works); and and publish information on the factors nec- (B) specify factors to be taken into account essary for the protection of public water sup- in determining the control measures and prac- plies, and the protection and propagation of a tices to be applicable to point sources (other balanced indigenous population of shellfish, fish than publicly owned treatment works) within and wildlife, and to allow recreational activi- such categories or classes. Factors relating to ties, in and on the water. the assessment of best practicable control (6) The Administrator shall, within three technology currently available to comply with months after December 27, 1977, and annually subsection (b)(1) of section 1311 of this title thereafter, for purposes of section 1311(h) of this shall include consideration of the total cost of title publish and revise as appropriate informa- application of technology in relation to the ef- tion identifying each water quality standard in fluent reduction benefits to be achieved from effect under this chapter or State law, the spe- such application, and shall also take into ac- cific pollutants associated with such water qual- count the age of equipment and facilities in- ity standard, and the particular waters to which volved, the process employed, the engineering such water quality standard applies. aspects of the application of various types of (7) GUIDANCE TO STATES.—The Administrator, control techniques, process changes, non- after consultation with appropriate State agen- water quality environmental impact (includ- cies and on the basis of criteria and information ing energy requirements), and such other fac- published under paragraphs (1) and (2) of this tors as the Administrator deems appropriate; subsection, shall develop and publish, within 9 (2)(A) identify, in terms of amounts of con- months after February 4, 1987, guidance to the stituents and chemical, physical, and biologi- States on performing the identification required cal characteristics of pollutants, the degree of by subsection (l)(1) of this section. effluent reduction attainable through the ap- (8) INFORMATION ON WATER QUALITY CRITERIA.— plication of the best control measures and The Administrator, after consultation with ap- practices achievable including treatment tech- propriate State agencies and within 2 years niques, process and procedure innovations, op- after February 4, 1987, shall develop and publish erating methods, and other alternatives for § 1314 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 406

classes and categories of point sources (other standards of performance under section 1316 of than publicly owned treatment works); and this title. Such information shall include tech- (B) specify factors to be taken into account nical and other data, including costs, as are in determining the best measures and prac- available on alternative methods of elimination tices available to comply with subsection or reduction of the discharge of pollutants. Such (b)(2) of section 1311 of this title to be applica- information, and revisions thereof, shall be pub- ble to any point source (other than publicly lished in the Federal Register and otherwise owned treatment works) within such cat- shall be made available to the public. egories or classes. Factors relating to the as- (d) Secondary treatment information; alternative sessment of best available technology shall waste treatment management techniques; in- take into account the age of equipment and fa- novative and alternative wastewater treat- cilities involved, the process employed, the en- ment processes; facilities deemed equivalent gineering aspects of the application of various of secondary treatment types of control techniques, process changes, (1) The Administrator, after consultation with the cost of achieving such effluent reduction, appropriate Federal and State agencies and non-water quality environmental impact (in- other interested persons, shall publish within cluding energy requirements), and such other sixty days after October 18, 1972 (and from time factors as the Administrator deems appro- to time thereafter) information, in terms of priate; amounts of constituents and chemical, physical, (3) identify control measures and practices and biological characteristics of pollutants, on available to eliminate the discharge of pollut- the degree of effluent reduction attainable ants from categories and classes of point through the application of secondary treatment. sources, taking into account the cost of (2) The Administrator, after consultation with achieving such elimination of the discharge of appropriate Federal and State agencies and pollutants; and other interested persons, shall publish within (4)(A) identify, in terms of amounts of con- nine months after October 18, 1972 (and from stituents and chemical, physical, and biologi- time to time thereafter) information on alter- cal characteristics of pollutants, the degree of native waste treatment management techniques effluent reduction attainable through the ap- and systems available to implement section 1281 plication of the best conventional pollutant of this title. control technology (including measures and (3) The Administrator, after consultation with practices) for classes and categories of point appropriate Federal and State agencies and sources (other than publicly owned treatment other interested persons, shall promulgate with- works); and in one hundred and eighty days after December (B) specify factors to be taken into account 27, 1977, guidelines for identifying and evaluat- in determining the best conventional pollut- ing innovative and alternative wastewater ant control technology measures and practices treatment processes and techniques referred to to comply with section 1311(b)(2)(E) of this in section 1281(g)(5) of this title. title to be applicable to any point source (4) For the purposes of this subsection, such (other than publicly owned treatment works) biological treatment facilities as oxidation within such categories or classes. Factors re- ponds, lagoons, and ditches and trickling filters lating to the assessment of best conventional shall be deemed the equivalent of secondary pollutant control technology (including meas- treatment. The Administrator shall provide ures and practices) shall include consideration guidance under paragraph (1) of this subsection of the reasonableness of the relationship be- on design criteria for such facilities, taking into tween the costs of attaining a reduction in ef- account pollutant removal efficiencies and, con- fluents and the effluent reduction benefits de- sistent with the objectives of this chapter, as- rived, and the comparison of the cost and level suring that water quality will not be adversely of reduction of such pollutants from the dis- affected by deeming such facilities as the equiv- charge from publicly owned treatment works alent of secondary treatment. to the cost and level of reduction of such pol- (e) Best management practices for industry lutants from a class or category of industrial sources, and shall take into account the age of The Administrator, after consultation with equipment and facilities involved, the process appropriate Federal and State agencies and employed, the engineering aspects of the ap- other interested persons, may publish regula- plication of various types of control tech- tions, supplemental to any effluent limitations niques, process changes, non-water quality en- specified under subsections (b) and (c) of this vironmental impact (including energy require- section for a class or category of point sources, ments), and such other factors as the Adminis- for any specific pollutant which the Adminis- trator deems appropriate. trator is charged with a duty to regulate as a toxic or hazardous pollutant under section (c) Pollution discharge elimination procedures 1317(a)(1) or 1321 of this title, to control plant The Administrator, after consultation, with site runoff, spillage or leaks, sludge or waste appropriate Federal and State agencies and disposal, and drainage from raw material stor- other interested persons, shall issue to the age which the Administrator determines are as- States and appropriate water pollution control sociated with or ancillary to the industrial man- agencies within 270 days after October 18, 1972 ufacturing or treatment process within such (and from time to time thereafter) information class or category of point sources and may con- on the processes, procedures, or operating meth- tribute significant amounts of such pollutants ods which result in the elimination or reduction to navigable waters. Any applicable controls es- of the discharge of pollutants to implement tablished under this subsection shall be included Page 407 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1314 as a requirement for the purposes of section 1311, cation pursuant to section 1341 of this title or 1312, 1316, 1317, or 1343 of this title, as the case permit application pursuant to section 1342 of may be, in any permit issued to a point source this title. pursuant to section 1342 of this title. (i) Guidelines for monitoring, reporting, enforce- (f) Identification and evaluation of nonpoint ment, funding, personnel, and manpower sources of pollution; processes, procedures, The Administrator shall (1) within sixty days and methods to control pollution after October 18, 1972, promulgate guidelines for The Administrator, after consultation with the purpose of establishing uniform application appropriate Federal and State agencies and forms and other minimum requirements for the other interested persons, shall issue to appro- acquisition of information from owners and op- priate Federal agencies, the States, water pollu- erators of point-sources of discharge subject to tion control agencies, and agencies designated any State program under section 1342 of this under section 1288 of this title, within one year title, and (2) within sixty days from October 18, after October 18, 1972 (and from time to time 1972, promulgate guidelines establishing the thereafter) information including (1) guidelines minimum procedural and other elements of any for identifying and evaluating the nature and State program under section 1342 of this title, extent of nonpoint sources of pollutants, and (2) which shall include: processes, procedures, and methods to control (A) monitoring requirements; pollution resulting from— (B) reporting requirements (including proce- (A) agricultural and silvicultural activities, dures to make information available to the including runoff from fields and crop and for- public); est lands; (C) enforcement provisions; and (B) mining activities, including runoff and (D) funding, personnel qualifications, and siltation from new, currently operating, and manpower requirements (including a require- abandoned surface and underground mines; ment that no board or body which approves (C) all construction activity, including run- permit applications or portions thereof shall off from the facilities resulting from such con- include, as a member, any person who re- struction; ceives, or has during the previous two years (D) the disposal of pollutants in wells or in received, a significant portion of his income subsurface excavations; directly or indirectly from permit holders or (E) salt water intrusion resulting from re- applicants for a permit). ductions of fresh water flow from any cause, (j) Lake restoration guidance manual including extraction of ground water, irriga- tion, obstruction, and diversion; and The Administrator shall, within 1 year after (F) changes in the movement, flow, or cir- February 4, 1987, and biennially thereafter, pub- culation of any navigable waters or ground lish and disseminate a lake restoration guidance waters, including changes caused by the con- manual describing methods, procedures, and struction of dams, levees, channels, cause- processes to guide State and local efforts to im- ways, or flow diversion facilities. prove, restore, and enhance water quality in the Nation’s publicly owned lakes. Such information and revisions thereof shall be published in the Federal Register and otherwise (k) Agreements with Secretaries of Agriculture, made available to the public. Army, and the Interior to provide maximum utilization of programs to achieve and main- (g) Guidelines for pretreatment of pollutants tain water quality; transfer of funds; author- (1) For the purpose of assisting States in car- ization of appropriations rying out programs under section 1342 of this (1) The Administrator shall enter into agree- title, the Administrator shall publish, within ments with the Secretary of Agriculture, the one hundred and twenty days after October 18, Secretary of the Army, and the Secretary of the 1972, and review at least annually thereafter Interior, and the heads of such other depart- and, if appropriate, revise guidelines for pre- ments, agencies, and instrumentalities of the treatment of pollutants which he determines are United States as the Administrator determines, not susceptible to treatment by publicly owned to provide for the maximum utilization of other treatment works. Guidelines under this sub- Federal laws and programs for the purpose of section shall be established to control and pre- achieving and maintaining water quality vent the discharge into the navigable waters, through appropriate implementation of plans the contiguous zone, or the ocean (either di- approved under section 1288 of this title and rectly or through publicly owned treatment nonpoint source pollution management pro- works) of any pollutant which interferes with, grams approved under section 1329 of this title. passes through, or otherwise is incompatible (2) The Administrator is authorized to transfer with such works. to the Secretary of Agriculture, the Secretary of (2) When publishing guidelines under this sub- the Army, and the Secretary of the Interior and section, the Administrator shall designate the the heads of such other departments, agencies, category or categories of treatment works to and instrumentalities of the United States as which the guidelines shall apply. the Administrator determines, any funds appro- (h) Test procedures guidelines priated under paragraph (3) of this subsection to The Administrator shall, within one hundred supplement funds otherwise appropriated to pro- and eighty days from October 18, 1972, promul- grams authorized pursuant to any agreement gate guidelines establishing test procedures for under paragraph (1). the analysis of pollutants that shall include the (3) There is authorized to be appropriated to factors which must be provided in any certifi- carry out the provisions of this subsection, § 1314 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 408

$100,000,000 per fiscal year for the fiscal years year after the last day of the period referred 1979 through 1983 and such sums as may be nec- to in paragraph (2), the Administrator, in co- essary for fiscal years 1984 through 1990. operation with such State and after notice and (l) Individual control strategies for toxic pollut- opportunity for public comment, shall imple- ants ment the requirements of paragraph (1) in (1) State list of navigable waters and develop- such State. In the implementation of such re- ment of strategies quirements, the Administrator shall, at a min- imum, consider for listing under this sub- Not later than 2 years after February 4, 1987, section any navigable waters for which any each State shall submit to the Administrator person submits a petition to the Adminis- for review, approval, and implementation trator for listing not later than 120 days after under this subsection— such last day. (A) a list of those waters within the State which after the application of effluent limi- (m) Schedule for review of guidelines tations required under section 1311(b)(2) of (1) Publication this title cannot reasonably be anticipated Within 12 months after February 4, 1987, and to attain or maintain (i) water quality biennially thereafter, the Administrator shall standards for such waters reviewed, revised, publish in the Federal Register a plan which or adopted in accordance with section shall— 1313(c)(2)(B) of this title, due to toxic pollut- (A) establish a schedule for the annual re- ants, or (ii) that water quality which shall view and revision of promulgated effluent assure protection of public health, public guidelines, in accordance with subsection (b) water supplies, agricultural and industrial of this section; uses, and the protection and propagation of (B) identify categories of sources discharg- a balanced population of shellfish, fish and ing toxic or nonconventional pollutants for wildlife, and allow recreational activities in which guidelines under subsection (b)(2) of and on the water; this section and section 1316 of this title (B) a list of all navigable waters in such have not previously been published; and State for which the State does not expect (C) establish a schedule for promulgation the applicable standard under section 1313 of of effluent guidelines for categories identi- this title will be achieved after the require- fied in subparagraph (B), under which pro- ments of sections 1311(b), 1316, and 1317(b) of mulgation of such guidelines shall be no this title are met, due entirely or substan- later than 4 years after February 4, 1987, for tially to discharges from point sources of categories identified in the first published any toxic pollutants listed pursuant to sec- plan or 3 years after the publication of the tion 1317(a) of this title; plan for categories identified in later pub- (C) for each segment of the navigable wa- lished plans. ters included on such lists, a determination (2) Public review of the specific point sources discharging any such toxic pollutant which is believed to be The Administrator shall provide for public preventing or impairing such water quality review and comment on the plan prior to final and the amount of each such toxic pollutant publication. discharged by each such source; and (June 30, 1948, ch. 758, title III, § 304, as added (D) for each such segment, an individual Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 850; control strategy which the State determines amended Pub. L. 95–217, §§ 48–51, 62(b), Dec. 27, will produce a reduction in the discharge of 1977, 91 Stat. 1587, 1588, 1598; Pub. L. 97–117, § 23, toxic pollutants from point sources identi- Dec. 29, 1981, 95 Stat. 1632; Pub. L. 100–4, title I, fied by the State under this paragraph § 101(f), title III, §§ 308(a), (c), (f), 315(c), 316(e), through the establishment of effluent limi- Feb. 4, 1987, 101 Stat. 9, 38–40, 52, 61; Pub. L. tations under section 1342 of this title and 106–284, § 3(b), Oct. 10, 2000, 114 Stat. 871.) water quality standards under section 1313(c)(2)(B) of this title, which reduction is CODIFICATION sufficient, in combination with existing con- Section 50 of Pub. L. 95–217 provided in part that, trols on point and nonpoint sources of pollu- upon the enactment of subsec. (e) of this section by tion, to achieve the applicable water quality Pub. L. 95–217 and the concurrent redesignation of standard as soon as possible, but not later former subsecs. (e) to (j) of this section as (f) to (k), re- than 3 years after the date of the establish- spectively, all references to former subsecs. (e) to (j) be changed to (f) to (k), respectively. ment of such strategy. (2) Approval or disapproval AMENDMENTS Not later than 120 days after the last day of 2000—Subsec. (a)(9). Pub. L. 106–284 added par. (9). the 2-year period referred to in paragraph (1), 1987—Subsec. (a)(7), (8). Pub. L. 100–4, § 308(c), added the Administrator shall approve or disapprove pars. (7) and (8). Subsec. (j). Pub. L. 100–4, § 315(c), amended subsec. (j) the control strategies submitted under para- generally. Prior to amendment, subsec. (j) read as fol- graph (1) by any State. lows: ‘‘The Administrator shall issue information bien- (3) Administrator’s action nially on methods, procedures, and processes as may be If a State fails to submit control strategies appropriate to restore and enhance the quality of the Nation’s publicly owned freshwater lakes.’’ in accordance with paragraph (1) or the Ad- Subsec. (k)(1). Pub. L. 100–4, § 316(e), inserted ‘‘and ministrator does not approve the control nonpoint source pollution management programs ap- strategies submitted by such State in accord- proved under section 1329 of this title’’ before period at ance with paragraph (1), then, not later than 1 end. Page 409 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1315

Subsec. (k)(3). Pub. L. 100–4, § 101(f), inserted ‘‘and the results of each such review, and provided for judi- such sums as may be necessary for fiscal years 1984 cial review of Administrator’s actions. through 1990’’ after ‘‘1983’’. Subsec. (l). Pub. L. 100–4, § 308(a), added subsec. (l). CONTIGUOUS ZONE OF UNITED STATES Subsec. (m). Pub. L. 100–4, § 308(f), added subsec. (m). For extension of contiguous zone of United States, 1981—Subsec. (d)(4). Pub. L. 97–117 added par. (4). see Proc. No. 7219, set out as a note under section 1331 1977—Subsec. (a)(4) to (6). Pub. L. 95–217, § 48(a), added of Title 43, Public Lands. pars. (4) to (6). Subsec. (b)(4). Pub. L. 95–217, § 48(b), added par. (4). § 1315. State reports on water quality Subsec. (d)(3). Pub. L. 95–217, § 49, added par. (3). Subsecs. (e) to (i). Pub. L. 95–217, § 50, added subsec. (a) Omitted (e) and redesignated former subsecs. (e) to (h) as (f) to (b)(1) Each State shall prepare and submit to (i), respectively. Former subsec. (i) redesignated (j). the Administrator by April 1, 1975, and shall Subsec. (j). Pub. L. 95–217, §§ 50, 62(b), redesignated bring up to date by April 1, 1976, and biennially former subsec. (i) as (j) and substituted ‘‘shall issue in- thereafter, a report which shall include— formation biennially on methods’’ for ‘‘shall, within 270 (A) a description of the water quality of all days after October 18, 1972 (and from time to time navigable waters in such State during the pre- thereafter), issue such information on methods’’. Former subsec. (j) redesignated (k). ceding year, with appropriate supplemental Subsec. (k). Pub. L. 95–217, §§ 50, 51, redesignated descriptions as shall be required to take into former subsec. (j) as (k), substituted ‘‘The Adminis- account seasonal, tidal, and other variations, trator shall enter into agreements with the Secretary correlated with the quality of water required of Agriculture, the Secretary of the Army, and the Sec- by the objective of this chapter (as identified retary of the Interior, and the heads of such other de- by the Administrator pursuant to criteria pub- partments, agencies, and instrumentalities of the lished under section 1314(a) of this title) and United States as the Administrator determines, to pro- the water quality described in subparagraph vide the maximum utilization of other Federal laws and programs’’ for ‘‘The Administrator shall, within six (B) of this paragraph; months from October 18, 1972, enter into agreements (B) an analysis of the extent to which all with the Secretary of Agriculture, the Secretary of the navigable waters of such State provide for the Army, and the Secretary of the Interior to provide for protection and propagation of a balanced pop- the maximum utilization of the appropriate programs ulation of shellfish, fish, and wildlife, and authorized under other Federal law to be carried out by allow recreational activities in and on the such Secretaries’’ in par. (1), made conforming amend- water; ments in par. (2), and in par. (3) authorized appropria- (C) an analysis of the extent to which the tions for fiscal years 1979 through 1983. elimination of the discharge of pollutants and TRANSFER OF FUNCTIONS a level of water quality which provides for the Enforcement functions of Secretary or other official protection and propagation of a balanced pop- in Department of Agriculture, insofar as they involve ulation of shellfish, fish, and wildlife and al- lands and programs under jurisdiction of that Depart- lows recreational activities in and on the ment, relating to compliance with this chapter with re- water, have been or will be achieved by the re- spect to pre-construction, construction, and initial op- quirements of this chapter, together with rec- eration of transportation system for Canadian and ommendations as to additional action nec- Alaskan natural gas were transferred to the Federal In- essary to achieve such objectives and for what spector, Office of Federal Inspector for the Alaska Nat- ural Gas Transportation System, until the first anni- waters such additional action is necessary; versary of the date of initial operation of the Alaska (D) an estimate of (i) the environmental im- Natural Gas Transportation System, see Reorg. Plan pact, (ii) the economic and social costs nec- No. 1 of 1979, §§ 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. essary to achieve the objective of this chapter 1373, 1376, effective July 1, 1979, set out in the Appendix in such State, (iii) the economic and social to Title 5, Government Organization and Employees. benefits of such achievement, and (iv) an esti- Office of Federal Inspector for the Alaska Natural Gas mate of the date of such achievement; and Transportation System abolished and functions and au- (E) a description of the nature and extent of thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as nonpoint sources of pollutants, and recom- an Abolition of Office of Federal Inspector note under mendations as to the programs which must be section 719e of Title 15, Commerce and Trade. Func- undertaken to control each category of such tions and authority vested in Secretary of Energy sub- sources, including an estimate of the costs of sequently transferred to Federal Coordinator for Alas- implementing such programs. ka Natural Gas Transportation Projects by section 720d(f) of Title 15. (2) The Administrator shall transmit such State reports, together with an analysis thereof, REVIEW OF EFFLUENT GUIDELINES PROMULGATED PRIOR to Congress on or before October 1, 1975, and Oc- TO DECEMBER 27, 1977 tober 1, 1976, and biennially thereafter. Section 73 of Pub. L. 95–217 directed Administrator, (June 30, 1948, ch. 758, title III, § 305, as added within 90 days after Dec. 27, 1977, to review every efflu- ent guideline promulgated prior to that date which was Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 853; final or interim final (other than those applicable to in- amended Pub. L. 95–217, § 52, Dec. 27, 1977, 91 dustrial categories listed in table 2 of Committee Print Stat. 1589.) Numbered 95–30 of Committee on Public Works and CODIFICATION Transportation of House of Representatives) and which applied to those pollutants identified pursuant to 33 Subsec. (a) authorized the Administrator, in coopera- U.S.C. 1314(a)(4) and, on or before July 1, 1980, to review tion with the States and Federal agencies, to prepare a every guideline applicable to industrial categories list- report describing the specific quality, during 1973, of all ed in such table 2, authorized Administrator, upon com- navigable waters and waters of the contiguous zone, in- pletion of each such review to make such adjustments cluding an inventory of all point sources of discharge of in any such guidelines as may be necessary to carry out pollutants into these waters, and identifying those nav- 33 U.S.C. 1314(b)(4), directed Administrator to publish igable waters capable of supporting fish and wildlife § 1316 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 410 populations and allowing recreational activities, those soap and detergent manufacturing; which could reasonably be expected to attain this level fertilizer manufacturing; by 1977 or 1983, and those which could attain this level petroleum refining; sooner, and submit this report to Congress on or before iron and steel manufacturing; Jan. 1, 1974. nonferrous metals manufacturing; AMENDMENTS phosphate manufacturing; 1977—Subsec. (b)(1). Pub. L. 95–217, § 52(1), substituted steam electric powerplants; ‘‘April 1, 1975, and shall bring up to date by April 1, ferroalloy manufacturing; 1976, and biennially thereafter’’ for ‘‘January 1, 1975, leather tanning and finishing; and shall bring up to date each year thereafter’’ in pro- glass and asbestos manufacturing; visions preceding subpar. (A). rubber processing; and Subsec. (b)(2). Pub. L. 95–217, § 52(2), substituted ‘‘on timber products processing. or before October 1, 1975, and October 1, 1976, and bien- nially thereafter’’ for ‘‘on or before October 1, 1975, and (B) As soon as practicable, but in no case more annually thereafter’’. than one year, after a category of sources is in- § 1316. National standards of performance cluded in a list under subparagraph (A) of this paragraph, the Administrator shall propose and (a) Definitions publish regulations establishing Federal stand- For purposes of this section: ards of performance for new sources within such (1) The term ‘‘standard of performance’’ means category. The Administrator shall afford inter- a standard for the control of the discharge of ested persons an opportunity for written com- pollutants which reflects the greatest degree of ment on such proposed regulations. After con- effluent reduction which the Administrator de- sidering such comments, he shall promulgate, termines to be achievable through application of within one hundred and twenty days after publi- the best available demonstrated control tech- cation of such proposed regulations, such stand- nology, processes, operating methods, or other ards with such adjustments as he deems appro- alternatives, including, where practicable, a priate. The Administrator shall, from time to standard permitting no discharge of pollutants. time, as technology and alternatives change, re- (2) The term ‘‘new source’’ means any source, vise such standards following the procedure re- the construction of which is commenced after quired by this subsection for promulgation of the publication of proposed regulations prescrib- such standards. Standards of performance, or re- ing a standard of performance under this section visions thereof, shall become effective upon pro- which will be applicable to such source, if such mulgation. In establishing or revising Federal standard is thereafter promulgated in accord- standards of performance for new sources under ance with this section. this section, the Administrator shall take into (3) The term ‘‘source’’ means any building, consideration the cost of achieving such effluent structure, facility, or installation from which reduction, and any non-water quality, environ- there is or may be the discharge of pollutants. mental impact and energy requirements. (4) The term ‘‘owner or operator’’ means any (2) The Administrator may distinguish among person who owns, leases, operates, controls, or classes, types, and sizes within categories of new supervises a source. sources for the purpose of establishing such (5) The term ‘‘construction’’ means any place- standards and shall consider the type of process ment, assembly, or installation of facilities or employed (including whether batch or continu- equipment (including contractual obligations to ous). purchase such facilities or equipment) at the (3) The provisions of this section shall apply to premises where such equipment will be used, in- any new source owned or operated by the United cluding preparation work at such premises. States. (b) Categories of sources; Federal standards of (c) State enforcement of standards of perform- performance for new sources ance (1)(A) The Administrator shall, within ninety Each State may develop and submit to the Ad- days after October 18, 1972, publish (and from ministrator a procedure under State law for ap- time to time thereafter shall revise) a list of plying and enforcing standards of performance categories of sources, which shall, at the mini- for new sources located in such State. If the Ad- mum, include: ministrator finds that the procedure and the law pulp and paper mills; of any State require the application and enforce- paperboard, builders paper and board mills; ment of standards of performance to at least the meat product and rendering processing; same extent as required by this section, such dairy product processing; State is authorized to apply and enforce such grain mills; standards of performance (except with respect to canned and preserved fruits and vegetables new sources owned or operated by the United processing; States). canned and preserved seafood processing; sugar processing; (d) Protection from more stringent standards textile mills; Notwithstanding any other provision of this cement manufacturing; chapter, any point source the construction of feedlots; which is commenced after October 18, 1972, and electroplating; which is so constructed as to meet all applicable organic chemicals manufacturing; standards of performance shall not be subject to inorganic chemicals manufacturing; any more stringent standard of performance plastic and synthetic materials manufactur- during a ten-year period beginning on the date ing; of completion of such construction or during the Page 411 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1317 period of depreciation or amortization of such gent requirements. Such published effluent facility for the purposes of section 167 or 169 (or standard (or prohibition) shall take into account both) of title 26 whichever period ends first. the toxicity of the pollutant, its persistence, de- (e) Illegality of operation of new sources in viola- gradability, the usual or potential presence of tion of applicable standards of performance the affected organisms in any waters, the impor- tance of the affected organisms and the nature After the effective date of standards of per- and extent of the effect of the toxic pollutant on formance promulgated under this section, it such organisms, and the extent to which effec- shall be unlawful for any owner or operator of tive control is being or may be achieved under any new source to operate such source in viola- other regulatory authority. The Administrator tion of any standard of performance applicable shall allow a period of not less than sixty days to such source. following publication of any such proposed efflu- (June 30, 1948, ch. 758, title III, § 306, as added ent standard (or prohibition) for written com- Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 854.) ment by interested persons on such proposed standard. In addition, if within thirty days of DISCHARGES FROM POINT SOURCES IN UNITED STATES publication of any such proposed effluent stand- VIRGIN ISLANDS ATTRIBUTABLE TO MANUFACTURE OF ard (or prohibition) any interested person so re- RUM; EXEMPTION; CONDITIONS quests, the Administrator shall hold a public Discharges from point sources in the United States hearing in connection therewith. Such a public Virgin Islands in existence on Aug. 5, 1983, attributable hearing shall provide an opportunity for oral to the manufacture of rum not to be subject to the re- quirements of this section under certain conditions, see and written presentations, such cross-examina- section 214(g) of Pub. L. 98–67, set out as a note under tion as the Administrator determines is appro- section 1311 of this title. priate on disputed issues of material fact, and the transcription of a verbatim record which § 1317. Toxic and pretreatment effluent stand- shall be available to the public. After consider- ards ation of such comments and any information (a) Toxic pollutant list; revision; hearing; pro- and material presented at any public hearing mulgation of standards; effective date; con- held on such proposed standard or prohibition, sultation the Administrator shall promulgate such stand- ard (or prohibition) with such modification as (1) On and after December 27, 1977, the list of the Administrator finds are justified. Such pro- toxic pollutants or combination of pollutants mulgation by the Administrator shall be made subject to this chapter shall consist of those within two hundred and seventy days after pub- toxic pollutants listed in table 1 of Committee lication of proposed standard (or prohibition). Print Numbered 95–30 of the Committee on Pub- Such standard (or prohibition) shall be final ex- lic Works and Transportation of the House of cept that if, on judicial review, such standard Representatives, and the Administrator shall was not based on substantial evidence, the Ad- publish, not later than the thirtieth day after ministrator shall promulgate a revised standard. December 27, 1977, that list. From time to time Effluent limitations shall be established in ac- thereafter, the Administrator may revise such cordance with sections 1311(b)(2)(A) and list and the Administrator is authorized to add 1314(b)(2) of this title for every toxic pollutant to or remove from such list any pollutant. The referred to in table 1 of Committee Print Num- Administrator in publishing any revised list, in- bered 95–30 of the Committee on Public Works cluding the addition or removal of any pollutant and Transportation of the House of Representa- from such list, shall take into account toxicity tives as soon as practicable after December 27, of the pollutant, its persistence, degradability, 1977, but no later than July 1, 1980. Such effluent the usual or potential presence of the affected limitations or effluent standards (or prohibi- organisms in any waters, the importance of the tions) shall be established for every other toxic affected organisms, and the nature and extent of pollutant listed under paragraph (1) of this sub- the effect of the toxic pollutant on such orga- section as soon as practicable after it is so list- nisms. A determination of the Administrator ed. under this paragraph shall be final except that (3) Each such effluent standard (or prohibi- if, on judicial review, such determination was tion) shall be reviewed and, if appropriate, re- based on arbitrary and capricious action of the vised at least every three years. Administrator, the Administrator shall make a (4) Any effluent standard promulgated under redetermination. this section shall be at that level which the Ad- (2) Each toxic pollutant listed in accordance ministrator determines provides an ample mar- with paragraph (1) of this subsection shall be gin of safety. subject to effluent limitations resulting from (5) When proposing or promulgating any efflu- the application of the best available technology ent standard (or prohibition) under this section, economically achievable for the applicable cat- the Administrator shall designate the category egory or class of point sources established in ac- or categories of sources to which the effluent cordance with sections 1311(b)(2)(A) and standard (or prohibition) shall apply. Any dis- 1314(b)(2) of this title. The Administrator, in his posal of dredged material may be included in discretion, may publish in the Federal Register such a category of sources after consultation a proposed effluent standard (which may include with the Secretary of the Army. a prohibition) establishing requirements for a (6) Any effluent standard (or prohibition) es- toxic pollutant which, if an effluent limitation tablished pursuant to this section shall take ef- is applicable to a class or category of point fect on such date or dates as specified in the sources, shall be applicable to such category or order promulgating such standard, but in no class only if such standard imposes more strin- case, more than one year from the date of such § 1317 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 412 promulgation. If the Administrator determines (4) Nothing in this subsection shall affect any that compliance within one year from the date pretreatment requirement established by any of promulgation is technologically infeasible for State or local law not in conflict with any pre- a category of sources, the Administrator may treatment standard established under this sub- establish the effective date of the effluent stand- section. ard (or prohibition) for such category at the ear- (c) New sources of pollutants into publicly liest date upon which compliance can be feasibly owned treatment works attained by sources within such category, but in no event more than three years after the date of In order to insure that any source introducing such promulgation. pollutants into a publicly owned treatment (7) Prior to publishing any regulations pursu- works, which source would be a new source sub- ant to this section the Administrator shall, to ject to section 1316 of this title if it were to dis- the maximum extent practicable within the charge pollutants, will not cause a violation of time provided, consult with appropriate advi- the effluent limitations established for any such sory committees, States, independent experts, treatment works, the Administrator shall pro- and Federal departments and agencies. mulgate pretreatment standards for the cat- egory of such sources simultaneously with the (b) Pretreatment standards; hearing; promulga- promulgation of standards of performance under tion; compliance period; revision; application section 1316 of this title for the equivalent cat- to State and local laws egory of new sources. Such pretreatment stand- (1) The Administrator shall, within one hun- ards shall prevent the discharge of any pollutant dred and eighty days after October 18, 1972, and into such treatment works, which pollutant may from time to time thereafter, publish proposed interfere with, pass through, or otherwise be in- regulations establishing pretreatment standards compatible with such works. for introduction of pollutants into treatment (d) Operation in violation of standards unlawful works (as defined in section 1292 of this title) which are publicly owned for those pollutants After the effective date of any effluent stand- which are determined not to be susceptible to ard or prohibition or pretreatment standard pro- treatment by such treatment works or which mulgated under this section, it shall be unlawful would interfere with the operation of such treat- for any owner or operator of any source to oper- ment works. Not later than ninety days after ate any source in violation of any such effluent such publication, and after opportunity for pub- standard or prohibition or pretreatment stand- lic hearing, the Administrator shall promulgate ard. such pretreatment standards. Pretreatment (e) Compliance date extension for innovative standards under this subsection shall specify a pretreatment systems time for compliance not to exceed three years In the case of any existing facility that pro- from the date of promulgation and shall be es- poses to comply with the pretreatment stand- tablished to prevent the discharge of any pollut- ards of subsection (b) of this section by applying ant through treatment works (as defined in sec- an innovative system that meets the require- tion 1292 of this title) which are publicly owned, ments of section 1311(k) of this title, the owner which pollutant interferes with, passes through, or operator of the publicly owned treatment or otherwise is incompatible with such works. works receiving the treated effluent from such If, in the case of any toxic pollutant under sub- facility may extend the date for compliance section (a) of this section introduced by a source with the applicable pretreatment standard es- into a publicly owned treatment works, the tablished under this section for a period not to treatment by such works removes all or any exceed 2 years— part of such toxic pollutant and the discharge (1) if the Administrator determines that the from such works does not violate that effluent innovative system has the potential for indus- limitation or standard which would be applica- trywide application, and ble to such toxic pollutant if it were discharged (2) if the Administrator (or the State in con- by such source other than through a publicly sultation with the Administrator, in any case owned treatment works, and does not prevent in which the State has a pretreatment pro- sludge use or disposal by such works in accord- gram approved by the Administrator)— ance with section 1345 of this title, then the pre- (A) determines that the proposed exten- treatment requirements for the sources actually sion will not cause the publicly owned treat- discharging such toxic pollutant into such pub- ment works to be in violation of its permit licly owned treatment works may be revised by under section 1342 of this title or of section the owner or operator of such works to reflect 1345 of this title or to contribute to such a the removal of such toxic pollutant by such violation, and works. (B) concurs with the proposed extension. (2) The Administrator shall, from time to time, as control technology, processes, operat- (June 30, 1948, ch. 758, title III, § 307, as added ing methods, or other alternatives change, re- Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 856; vise such standards following the procedure es- amended Pub. L. 95–217, §§ 53(a), (b), 54(a), Dec. tablished by this subsection for promulgation of 27, 1977, 91 Stat. 1589–1591; Pub. L. 100–4, title III, such standards. § 309(a), Feb. 4, 1987, 101 Stat. 41.) (3) When proposing or promulgating any pre- AMENDMENTS treatment standard under this section, the Ad- 1987—Subsec. (e). Pub. L. 100–4 added subsec. (e). ministrator shall designate the category or cat- 1977—Subsec. (a)(1). Pub. L. 95–217, § 53(a), substituted egories of sources to which such standard shall ‘‘On and after December 27, 1977, the list of toxic pollut- apply. ants or combination of pollutants subject to this chap- Page 413 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1318 ter shall consist of those toxic pollutants listed in table INCREASE IN EPA EMPLOYEES 1 of Committee Print Numbered 95–30 of the Committee Section 309(b) of Pub. L. 100–4 provided that: ‘‘The Ad- on Public Works and Transportation of the House of ministrator shall take such actions as may be nec- Representatives, and the Administrator shall publish, essary to increase the number of employees of the En- not later than the thirtieth day after December 27, 1977, vironmental Protection Agency in order to effectively that list’’ for ‘‘The Administrator shall, within ninety implement pretreatment requirements under section days after October 18, 1972, publish (and from time to 307 of the Federal Water Pollution Control Act [33 time thereafter revise) a list which includes any toxic U.S.C. 1317].’’ pollutant or combination of such pollutants for which an effluent standard (which may include a prohibition § 1318. Records and reports; inspections of the discharge of such pollutants or combination of such pollutants) will be established under this section’’ (a) Maintenance; monitoring equipment; entry; and inserted provision for the revision of the list and access to information for the finality of the Administrator’s determination except when that determination is arbitrary and capri- Whenever required to carry out the objective cious. of this chapter, including but not limited to (1) Subsec. (a)(2). Pub. L. 95–217, § 53(a), expanded provi- developing or assisting in the development of sions covering effluent limitations and the establish- any effluent limitation, or other limitation, pro- ment of effluent standards (or prohibitions), introduced hibition, or effluent standard, pretreatment provisions relating to the application of the best avail- standard, or standard of performance under this able technology economically achievable for the appli- chapter; (2) determining whether any person is cable category or class of point sources established in in violation of any such effluent limitation, or accordance with sections 1311(b)(2)(A) and 1314(b)(2) of this title, inserted provision that published effluent other limitation, prohibition or effluent stand- standards take into account the extent to which effec- ard, pretreatment standard, or standard of per- tive control is being or may be achieved under other formance; (3) any requirement established under regulatory authority, inserted provision for a sixty day this section; or (4) carrying out sections 1315, minimum period following publication of proposed ef- 1321, 1342, 1344 (relating to State permit pro- fluent standards for written comment, substituted two grams), 1345, and 1364 of this title— hundred and seventy days for six months as the period (A) the Administrator shall require the following publication of proposed standards during owner or operator of any point source to (i) es- which period standards (or prohibitions) must be pro- mulgated, and inserted provision for the finality of ef- tablish and maintain such records, (ii) make fluent limitations (or prohibitions) except if, on judi- such reports, (iii) install, use, and maintain cial review, the standard was not based on substantial such monitoring equipment or methods (in- evidence. cluding where appropriate, biological monitor- Subsec. (a)(3). Pub. L. 95–217, § 53(a), struck out provi- ing methods), (iv) sample such effluents (in ac- sion for the immediate promulgation of revised effluent cordance with such methods, at such loca- standards (or prohibitions) for pollutants or combina- tions, at such intervals, and in such manner as tions of pollutants if, after public hearings, the Admin- the Administrator shall prescribe), and (v) istrator found that a modification of such proposed provide such other information as he may rea- standards (or prohibitions) was justified. See subsec. (a)(2) of this section. sonably require; and Subsec. (a)(6). Pub. L. 95–217, § 53(b), inserted provi- (B) the Administrator or his authorized rep- sion that if the Administrator determines that compli- resentative (including an authorized contrac- ance with effluent standards (or prohibitions) within tor acting as a representative of the Adminis- one year from the date of promulgation is techno- trator), upon presentation of his credentials— logically infeasible for a category of sources, the Ad- (i) shall have a right of entry to, upon, or ministrator may establish the effective date of the ef- through any premises in which an effluent fluent standard (or prohibition) for that category at source is located or in which any records re- the earliest date upon which compliance can be feasibly attained by sources within such category, but in no quired to be maintained under clause (A) of event more than three years after the date of such pro- this subsection are located, and mulgation. (ii) may at reasonable times have access to Subsec. (b)(1). Pub. L. 95–217, § 54(a), inserted provi- and copy any records, inspect any monitor- sion that if, in the case of any toxic pollutant under ing equipment or method required under subsection (a) of this section introduced by a source clause (A), and sample any effluents which into a publicly owned treatment works, the treatment the owner or operator of such source is re- by the works removes all or any part of the toxic pol- quired to sample under such clause. lutant and the discharge from the works does not vio- late that effluent limitation or standard which would (b) Availability to public; trade secrets excep- be applicable to the toxic pollutant if it were dis- tion; penalty for disclosure of confidential in- charged by the source other than through a publicly formation owned treatment works, and does not prevent sludge Any records, reports, or information obtained use or disposal by the works in accordance with section 1345 of this title, then the pretreatment requirements under this section (1) shall, in the case of efflu- for the sources actually discharging the toxic pollutant ent data, be related to any applicable effluent into the publicly owned treatment works may be re- limitations, toxic, pretreatment, or new source vised by the owner or operator of the works to reflect performance standards, and (2) shall be available the removal of the toxic pollutant by the works. to the public, except that upon a showing satis- factory to the Administrator by any person that CHANGE OF NAME records, reports, or information, or particular part thereof (other than effluent data), to which Committee on Public Works and Transportation of the Administrator has access under this section, House of Representatives treated as referring to Com- mittee on Transportation and Infrastructure of House if made public would divulge methods or proc- of Representatives by section 1(a) of Pub. L. 104–14, set esses entitled to protection as trade secrets of out as a note preceding section 21 of Title 2, The Con- such person, the Administrator shall consider gress. such record, report, or information, or particu- § 1319 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 414 lar portion thereof confidential in accordance States concerned with carrying out this chapter or with the purposes of section 1905 of title 18. Any when relevant in any proceeding under this chapter.’’ authorized representative of the Administrator for ‘‘, except that such record, report, or information (including an authorized contractor acting as a may be disclosed to other officers, employees, or au- thorized representatives of the United States concerned representative of the Administrator) who know- with carrying out this chapter or when relevant in any ingly or willfully publishes, divulges, discloses, proceeding under this chapter.’’ or makes known in any manner or to any extent Subsec. (d). Pub. L. 100–4, § 310(b), added subsec. (d). not authorized by law any information which is 1977—Subsec. (a)(4). Pub. L. 95–217 inserted ‘‘1344 (re- required to be considered confidential under this lating to State permit programs),’’ after ‘‘sections 1315, subsection shall be fined not more than $1,000 or 1321, 1342,’’ in provisions preceding subpar. (A). imprisoned not more than 1 year, or both. Noth- § 1319. Enforcement ing in this subsection shall prohibit the Admin- istrator or an authorized representative of the (a) State enforcement; compliance orders Administrator (including any authorized con- (1) Whenever, on the basis of any information tractor acting as a representative of the Admin- available to him, the Administrator finds that istrator) from disclosing records, reports, or in- any person is in violation of any condition or formation to other officers, employees, or au- limitation which implements section 1311, 1312, thorized representatives of the United States 1316, 1317, 1318, 1328, or 1345 of this title in a per- concerned with carrying out this chapter or mit issued by a State under an approved permit when relevant in any proceeding under this program under section 1342 or 1344 of this title chapter. he shall proceed under his authority in para- (c) Application of State law graph (3) of this subsection or he shall notify the person in alleged violation and such State of Each State may develop and submit to the Ad- such finding. If beyond the thirtieth day after ministrator procedures under State law for in- the Administrator’s notification the State has spection, monitoring, and entry with respect to not commenced appropriate enforcement action, point sources located in such State. If the Ad- the Administrator shall issue an order requiring ministrator finds that the procedures and the such person to comply with such condition or law of any State relating to inspection, mon- limitation or shall bring a civil action in accord- itoring, and entry are applicable to at least the ance with subsection (b) of this section. same extent as those required by this section, (2) Whenever, on the basis of information such State is authorized to apply and enforce its available to him, the Administrator finds that procedures for inspection, monitoring, and entry violations of permit conditions or limitations as with respect to point sources located in such set forth in paragraph (1) of this subsection are State (except with respect to point sources so widespread that such violations appear to re- owned or operated by the United States). sult from a failure of the State to enforce such (d) Access by Congress permit conditions or limitations effectively, he Notwithstanding any limitation contained in shall so notify the State. If the Administrator this section or any other provision of law, all in- finds such failure extends beyond the thirtieth formation reported to or otherwise obtained by day after such notice, he shall give public notice the Administrator (or any representative of the of such finding. During the period beginning Administrator) under this chapter shall be made with such public notice and ending when such available, upon written request of any duly au- State satisfies the Administrator that it will en- thorized committee of Congress, to such com- force such conditions and limitations (hereafter mittee. referred to in this section as the period of ‘‘fed- erally assumed enforcement’’), except where an (June 30, 1948, ch. 758, title III, § 308, as added extension has been granted under paragraph Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 858; (5)(B) of this subsection, the Administrator shall amended Pub. L. 95–217, § 67(c)(1), Dec. 27, 1977, 91 enforce any permit condition or limitation with Stat. 1606; Pub. L. 100–4, title III, § 310, title IV, respect to any person— § 406(d)(1), Feb. 4, 1987, 101 Stat. 41, 73.) (A) by issuing an order to comply with such AMENDMENTS condition or limitation, or (B) by bringing a civil action under sub- 1987—Subsec. (a). Pub. L. 100–4, § 406(d)(1), substituted section (b) of this section. ‘‘1345, and 1364’’ for ‘‘and 1364’’ in cl. (4). Subsec. (a)(B). Pub. L. 100–4, § 310(a)(2), inserted ‘‘(in- (3) Whenever on the basis of any information cluding an authorized contractor acting as a represent- available to him the Administrator finds that ative of the Administrator)’’ after ‘‘representative’’. any person is in violation of section 1311, 1312, Subsec. (b). Pub. L. 100–4, § 310(a)(1), substituted a pe- 1316, 1317, 1318, 1328, or 1345 of this title, or is in riod and ‘‘Any authorized representative of the Admin- istrator (including an authorized contractor acting as a violation of any permit condition or limitation representative of the Administrator) who knowingly or implementing any of such sections in a permit willfully publishes, divulges, discloses, or makes known issued under section 1342 of this title by him or in any manner or to any extent not authorized by law by a State or in a permit issued under section any information which is required to be considered con- 1344 of this title by a State, he shall issue an fidential under this subsection shall be fined not more order requiring such person to comply with such than $1,000 or imprisoned not more than 1 year, or both. section or requirement, or he shall bring a civil Nothing in this subsection shall prohibit the Adminis- action in accordance with subsection (b) of this trator or an authorized representative of the Adminis- trator (including any authorized contractor acting as a section. representative of the Administrator) from disclosing (4) A copy of any order issued under this sub- records, reports, or information to other officers, em- section shall be sent immediately by the Admin- ployees, or authorized representatives of the United istrator to the State in which the violation oc- Page 415 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1319 curs and other affected States. In any case in States for the district in which the defendant is which an order under this subsection (or notice located or resides or is doing business, and such to a violator under paragraph (1) of this sub- court shall have jurisdiction to restrain such section) is issued to a corporation, a copy of violation and to require compliance. Notice of such order (or notice) shall be served on any ap- the commencement of such action shall be given propriate corporate officers. An order issued immediately to the appropriate State. under this subsection relating to a violation of (c) Criminal penalties section 1318 of this title shall not take effect (1) Negligent violations until the person to whom it is issued has had an Any person who— opportunity to confer with the Administrator (A) negligently violates section 1311, 1312, concerning the alleged violation. 1316, 1317, 1318, 1321(b)(3), 1328, or 1345 of this (5)(A) Any order issued under this subsection title, or any permit condition or limitation shall be by personal service, shall state with implementing any of such sections in a per- reasonable specificity the nature of the viola- mit issued under section 1342 of this title by tion, and shall specify a time for compliance not the Administrator or by a State, or any re- to exceed thirty days in the case of a violation quirement imposed in a pretreatment pro- of an interim compliance schedule or operation gram approved under section 1342(a)(3) or and maintenance requirement and not to exceed 1342(b)(8) of this title or in a permit issued a time the Administrator determines to be rea- under section 1344 of this title by the Sec- sonable in the case of a violation of a final dead- retary of the Army or by a State; or line, taking into account the seriousness of the (B) negligently introduces into a sewer violation and any good faith efforts to comply system or into a publicly owned treatment with applicable requirements. works any pollutant or hazardous substance (B) The Administrator may, if he determines which such person knew or reasonably (i) that any person who is a violator of, or any should have known could cause personal in- person who is otherwise not in compliance with, jury or property damage or, other than in the time requirements under this chapter or in compliance with all applicable Federal, any permit issued under this chapter, has acted State, or local requirements or permits, in good faith, and has made a commitment (in which causes such treatment works to vio- the form of contracts or other securities) of nec- late any effluent limitation or condition in essary resources to achieve compliance by the any permit issued to the treatment works earliest possible date after July 1, 1977, but not under section 1342 of this title by the Admin- later than April 1, 1979; (ii) that any extension istrator or a State; under this provision will not result in the impo- shall be punished by a fine of not less than sition of any additional controls on any other $2,500 nor more than $25,000 per day of viola- point or nonpoint source; (iii) that an applica- tion, or by imprisonment for not more than 1 tion for a permit under section 1342 of this title year, or by both. If a conviction of a person is was filed for such person prior to December 31, for a violation committed after a first convic- 1974; and (iv) that the facilities necessary for tion of such person under this paragraph, pun- compliance with such requirements are under ishment shall be by a fine of not more than construction, grant an extension of the date re- $50,000 per day of violation, or by imprison- ferred to in section 1311(b)(1)(A) of this title to ment of not more than 2 years, or by both. a date which will achieve compliance at the ear- (2) Knowing violations liest time possible but not later than April 1, 1979. Any person who— (A) knowingly violates section 1311, 1312, (6) Whenever, on the basis of information 1316, 1317, 1318, 1321(b)(3), 1328, or 1345 of this available to him, the Administrator finds (A) title, or any permit condition or limitation that any person is in violation of section implementing any of such sections in a per- 1311(b)(1)(A) or (C) of this title, (B) that such mit issued under section 1342 of this title by person cannot meet the requirements for a time the Administrator or by a State, or any re- extension under section 1311(i)(2) of this title, quirement imposed in a pretreatment pro- and (C) that the most expeditious and appro- gram approved under section 1342(a)(3) or priate means of compliance with this chapter by 1342(b)(8) of this title or in a permit issued such person is to discharge into a publicly under section 1344 of this title by the Sec- owned treatment works, then, upon request of retary of the Army or by a State; or such person, the Administrator may issue an (B) knowingly introduces into a sewer sys- order requiring such person to comply with this tem or into a publicly owned treatment chapter at the earliest date practicable, but not works any pollutant or hazardous substance later than July 1, 1983, by discharging into a which such person knew or reasonably publicly owned treatment works if such works should have known could cause personal in- concur with such order. Such order shall include jury or property damage or, other than in a schedule of compliance. compliance with all applicable Federal, (b) Civil actions State, or local requirements or permits, The Administrator is authorized to commence which causes such treatment works to vio- a civil action for appropriate relief, including a late any effluent limitation or condition in a permanent or temporary injunction, for any vio- permit issued to the treatment works under lation for which he is authorized to issue a com- section 1342 of this title by the Adminis- pliance order under subsection (a) of this sec- trator or a State; tion. Any action under this subsection may be shall be punished by a fine of not less than brought in the district court of the United $5,000 nor more than $50,000 per day of viola- § 1319 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 416

tion, or by imprisonment for not more than 3 tablished or organized for any purpose, and years, or by both. If a conviction of a person such term includes a corporation, com- is for a violation committed after a first con- pany, association, firm, partnership, joint viction of such person under this paragraph, stock company, foundation, institution, punishment shall be by a fine of not more than trust, society, union, or any other associa- $100,000 per day of violation, or by imprison- tion of persons; and ment of not more than 6 years, or by both. (iv) the term ‘‘serious bodily injury’’ (3) Knowing endangerment means bodily injury which involves a sub- (A) General rule stantial risk of death, unconsciousness, ex- treme physical pain, protracted and obvi- Any person who knowingly violates sec- ous disfigurement, or protracted loss or tion 1311, 1312, 1313, 1316, 1317, 1318, 1321(b)(3), impairment of the function of a bodily 1328, or 1345 of this title, or any permit con- member, organ, or mental faculty. dition or limitation implementing any of such sections in a permit issued under sec- (4) False statements tion 1342 of this title by the Administrator Any person who knowingly makes any false or by a State, or in a permit issued under material statement, representation, or certifi- section 1344 of this title by the Secretary of cation in any application, record, report, plan, the Army or by a State, and who knows at or other document filed or required to be that time that he thereby places another maintained under this chapter or who know- person in imminent danger of death or seri- ingly falsifies, tampers with, or renders inac- ous bodily injury, shall, upon conviction, be curate any monitoring device or method re- subject to a fine of not more than $250,000 or quired to be maintained under this chapter, imprisonment of not more than 15 years, or shall upon conviction, be punished by a fine of both. A person which is an organization not more than $10,000, or by imprisonment for shall, upon conviction of violating this sub- not more than 2 years, or by both. If a convic- paragraph, be subject to a fine of not more tion of a person is for a violation committed than $1,000,000. If a conviction of a person is after a first conviction of such person under for a violation committed after a first con- this paragraph, punishment shall be by a fine viction of such person under this paragraph, of not more than $20,000 per day of violation, the maximum punishment shall be doubled or by imprisonment of not more than 4 years, with respect to both fine and imprisonment. or by both. (B) Additional provisions (5) Treatment of single operational upset For the purpose of subparagraph (A) of this For purposes of this subsection, a single paragraph— operational upset which leads to simultaneous (i) in determining whether a defendant violations of more than one pollutant param- who is an individual knew that his conduct eter shall be treated as a single violation. placed another person in imminent danger (6) Responsible corporate officer as ‘‘person’’ of death or serious bodily injury— (I) the person is responsible only for For the purpose of this subsection, the term actual awareness or actual belief that he ‘‘person’’ means, in addition to the definition possessed; and contained in section 1362(5) of this title, any (II) knowledge possessed by a person responsible corporate officer. other than the defendant but not by the (7) Hazardous substance defined defendant himself may not be attributed For the purpose of this subsection, the term to the defendant; ‘‘hazardous substance’’ means (A) any sub- except that in proving the defendant’s pos- stance designated pursuant to section session of actual knowledge, circumstan- 1321(b)(2)(A) of this title, (B) any element, tial evidence may be used, including evi- compound, mixture, solution, or substance dence that the defendant took affirmative designated pursuant to section 9602 of title 42, steps to shield himself from relevant infor- (C) any hazardous waste having the character- mation; istics identified under or listed pursuant to (ii) it is an affirmative defense to pros- section 3001 of the Solid Waste Disposal Act ecution that the conduct charged was con- [42 U.S.C. 6921] (but not including any waste sented to by the person endangered and the regulation of which under the Solid Waste that the danger and conduct charged were Disposal Act [42 U.S.C. 6901 et seq.] has been reasonably foreseeable hazards of— suspended by Act of Congress), (D) any toxic (I) an occupation, a business, or a pro- pollutant listed under section 1317(a) of this fession; or title, and (E) any imminently hazardous chem- (II) medical treatment or medical or ical substance or mixture with respect to scientific experimentation conducted by which the Administrator has taken action pur- professionally approved methods and suant to section 2606 of title 15. such other person had been made aware (d) Civil penalties; factors considered in deter- of the risks involved prior to giving con- mining amount sent; Any person who violates section 1311, 1312, and such defense may be established under 1316, 1317, 1318, 1328, or 1345 of this title, or any this subparagraph by a preponderance of permit condition or limitation implementing the evidence; any of such sections in a permit issued under (iii) the term ‘‘organization’’ means a section 1342 of this title by the Administrator, legal entity, other than a government, es- or by a State, or in a permit issued under sec- Page 417 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1319 tion 1344 of this title by a State,,1 or any re- (A) the Administrator finds that any per- quirement imposed in a pretreatment program son has violated section 1311, 1312, 1316, 1317, approved under section 1342(a)(3) or 1342(b)(8) of 1318, 1328, or 1345 of this title, or has violated this title, and any person who violates any order any permit condition or limitation imple- issued by the Administrator under subsection (a) menting any of such sections in a permit is- of this section, shall be subject to a civil penalty sued under section 1342 of this title by the not to exceed $25,000 per day for each violation. Administrator or by a State, or in a permit In determining the amount of a civil penalty the issued under section 1344 of this title by a court shall consider the seriousness of the viola- State, or tion or violations, the economic benefit (if any) (B) the Secretary of the Army (hereinafter resulting from the violation, any history of such in this subsection referred to as the ‘‘Sec- violations, any good-faith efforts to comply with retary’’) finds that any person has violated the applicable requirements, the economic im- any permit condition or limitation in a per- pact of the penalty on the violator, and such mit issued under section 1344 of this title by other matters as justice may require. For pur- the Secretary, poses of this subsection, a single operational the Administrator or Secretary, as the case upset which leads to simultaneous violations of may be, may, after consultation with the more than one pollutant parameter shall be State in which the violation occurs, assess a treated as a single violation. class I civil penalty or a class II civil penalty (e) State liability for judgments and expenses under this subsection. Whenever a municipality is a party to a civil (2) Classes of penalties action brought by the United States under this section, the State in which such municipality is (A) Class I located shall be joined as a party. Such State The amount of a class I civil penalty under shall be liable for payment of any judgment, or paragraph (1) may not exceed $10,000 per vio- any expenses incurred as a result of complying lation, except that the maximum amount of with any judgment, entered against the munici- any class I civil penalty under this subpara- pality in such action to the extent that the laws graph shall not exceed $25,000. Before issuing of that State prevent the municipality from an order assessing a civil penalty under this raising revenues needed to comply with such subparagraph, the Administrator or the Sec- judgment. retary, as the case may be, shall give to the (f) Wrongful introduction of pollutant into treat- person to be assessed such penalty written ment works notice of the Administrator’s or Secretary’s proposal to issue such order and the oppor- Whenever, on the basis of any information tunity to request, within 30 days of the date available to him, the Administrator finds that the notice is received by such person, a hear- an owner or operator of any source is introduc- ing on the proposed order. Such hearing ing a pollutant into a treatment works in viola- shall not be subject to section 554 or 556 of tion of subsection (d) of section 1317 of this title, title 5, but shall provide a reasonable oppor- the Administrator may notify the owner or op- tunity to be heard and to present evidence. erator of such treatment works and the State of such violation. If the owner or operator of the (B) Class II treatment works does not commence appro- The amount of a class II civil penalty priate enforcement action within 30 days of the under paragraph (1) may not exceed $10,000 date of such notification, the Administrator per day for each day during which the viola- may commence a civil action for appropriate re- tion continues; except that the maximum lief, including but not limited to, a permanent amount of any class II civil penalty under or temporary injunction, against the owner or this subparagraph shall not exceed $125,000. operator of such treatment works. In any such Except as otherwise provided in this sub- civil action the Administrator shall join the section, a class II civil penalty shall be as- owner or operator of such source as a party to sessed and collected in the same manner, the action. Such action shall be brought in the and subject to the same provisions, as in the district court of the United States in the dis- case of civil penalties assessed and collected trict in which the treatment works is located. after notice and opportunity for a hearing on Such court shall have jurisdiction to restrain the record in accordance with section 554 of such violation and to require the owner or oper- title 5. The Administrator and the Secretary ator of the treatment works and the owner or may issue rules for discovery procedures for operator of the source to take such action as hearings under this subparagraph. may be necessary to come into compliance with (3) Determining amount this chapter. Notice of commencement of any such action shall be given to the State. Nothing In determining the amount of any penalty in this subsection shall be construed to limit or assessed under this subsection, the Adminis- prohibit any other authority the Administrator trator or the Secretary, as the case may be, may have under this chapter. shall take into account the nature, circum- stances, extent and gravity of the violation, or (g) Administrative penalties violations, and, with respect to the violator, (1) Violations ability to pay, any prior history of such viola- Whenever on the basis of any information tions, the degree of culpability, economic ben- available— efit or savings (if any) resulting from the vio- lation, and such other matters as justice may 1 So in original. require. For purposes of this subsection, a sin- § 1319 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 418

gle operational upset which leads to simulta- an action under a State law comparable to neous violations of more than one pollutant this subsection, or parameter shall be treated as a single viola- (iii) for which the Administrator, the tion. Secretary, or the State has issued a final (4) Rights of interested persons order not subject to further judicial review and the violator has paid a penalty as- (A) Public notice sessed under this subsection, or such com- Before issuing an order assessing a civil parable State law, as the case may be, penalty under this subsection the Adminis- trator or Secretary, as the case may be, shall not be the subject of a civil penalty ac- shall provide public notice of and reasonable tion under subsection (d) of this section or opportunity to comment on the proposed is- section 1321(b) of this title or section 1365 of suance of such order. this title. (B) Applicability of limitation with respect to (B) Presentation of evidence citizen suits Any person who comments on a proposed The limitations contained in subparagraph assessment of a penalty under this sub- (A) on civil penalty actions under section section shall be given notice of any hearing 1365 of this title shall not apply with respect held under this subsection and of the order to any violation for which— assessing such penalty. In any hearing held (i) a civil action under section 1365(a)(1) under this subsection, such person shall have of this title has been filed prior to com- a reasonable opportunity to be heard and to mencement of an action under this sub- present evidence. section, or (C) Rights of interested persons to a hearing (ii) notice of an alleged violation of sec- If no hearing is held under paragraph (2) tion 1365(a)(1) of this title has been given before issuance of an order assessing a pen- in accordance with section 1365(b)(1)(A) of alty under this subsection, any person who this title prior to commencement of an ac- commented on the proposed assessment may tion under this subsection and an action petition, within 30 days after the issuance of under section 1365(a)(1) of this title with such order, the Administrator or Secretary, respect to such alleged violation is filed as the case may be, to set aside such order before the 120th day after the date on and to provide a hearing on the penalty. If which such notice is given. the evidence presented by the petitioner in (7) Effect of action on compliance support of the petition is material and was No action by the Administrator or the Sec- not considered in the issuance of the order, retary under this subsection shall affect any the Administrator or Secretary shall imme- person’s obligation to comply with any section diately set aside such order and provide a of this chapter or with the terms and condi- hearing in accordance with paragraph (2)(A) tions of any permit issued pursuant to section in the case of a class I civil penalty and 1342 or 1344 of this title. paragraph (2)(B) in the case of a class II civil penalty. If the Administrator or Secretary (8) Judicial review denies a hearing under this subparagraph, Any person against whom a civil penalty is the Administrator or Secretary shall provide assessed under this subsection or who com- to the petitioner, and publish in the Federal mented on the proposed assessment of such Register, notice of and the reasons for such penalty in accordance with paragraph (4) may denial. obtain review of such assessment— (5) Finality of order (A) in the case of assessment of a class I civil penalty, in the United States District An order issued under this subsection shall Court for the District of Columbia or in the become final 30 days after its issuance unless district in which the violation is alleged to a petition for judicial review is filed under have occurred, or paragraph (8) or a hearing is requested under (B) in the case of assessment of a class II paragraph (4)(C). If such a hearing is denied, civil penalty, in United States Court of Ap- such order shall become final 30 days after peals for the District of Columbia Circuit or such denial. for any other circuit in which such person (6) Effect of order resides or transacts business, (A) Limitation on actions under other sec- by filing a notice of appeal in such court with- tions in the 30-day period beginning on the date the Action taken by the Administrator or the civil penalty order is issued and by simulta- Secretary, as the case may be, under this neously sending a copy of such notice by cer- subsection shall not affect or limit the Ad- tified mail to the Administrator or the Sec- ministrator’s or Secretary’s authority to en- retary, as the case may be, and the Attorney force any provision of this chapter; except General. The Administrator or the Secretary that any violation— shall promptly file in such court a certified (i) with respect to which the Adminis- copy of the record on which the order was is- trator or the Secretary has commenced sued. Such court shall not set aside or remand and is diligently prosecuting an action such order unless there is not substantial evi- under this subsection, dence in the record, taken as a whole, to sup- (ii) with respect to which a State has port the finding of a violation or unless the commenced and is diligently prosecuting Administrator’s or Secretary’s assessment of Page 419 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1319

the penalty constitutes an abuse of discretion REFERENCES IN TEXT and shall not impose additional civil penalties The Solid Waste Disposal Act, referred to in subsec. for the same violation unless the Administra- (c)(7), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. tor’s or Secretary’s assessment of the penalty 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, constitutes an abuse of discretion. 1976, 90 Stat. 2795, which is classified generally to chap- (9) Collection ter 82 (§ 6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the If any person fails to pay an assessment of a Code, see Short Title note set out under section 6901 of civil penalty— Title 42 and Tables. (A) after the order making the assessment has become final, or AMENDMENTS (B) after a court in an action brought 1990—Subsec. (c)(1)(A), (2)(A), (3)(A). Pub. L. 101–380 under paragraph (8) has entered a final judg- inserted ‘‘1321(b)(3),’’ after ‘‘1318,’’. ment in favor of the Administrator or the 1987—Subsec. (c). Pub. L. 100–4, § 312, amended subsec. Secretary, as the case may be, (c) generally, revising provisions of par. (1), adding pars. (2), (3), (5), and (7), redesignating former pars. (2) the Administrator or the Secretary shall re- and (4) as (3) and (6), respectively, and revising provi- quest the Attorney General to bring a civil ac- sions of redesignated par. (4). tion in an appropriate district court to recover Subsec. (d). Pub. L. 100–4, § 313(a)(1), inserted ‘‘, or the amount assessed (plus interest at cur- any requirement imposed in a pretreatment program rently prevailing rates from the date of the approved under section 1342(a)(3) or 1342(b)(8) of this final order or the date of the final judgment, title,’’ after second reference to ‘‘State,’’. Pub. L. 100–4, § 313(b)(1), substituted ‘‘$25,000 per day as the case may be). In such an action, the va- for each violation’’ for ‘‘$10,000 per day of such viola- lidity, amount, and appropriateness of such tion’’. penalty shall not be subject to review. Any Pub. L. 100–4, § 313(c), inserted at end ‘‘In determining person who fails to pay on a timely basis the the amount of a civil penalty the court shall consider amount of an assessment of a civil penalty as the seriousness of the violation or violations, the eco- described in the first sentence of this para- nomic benefit (if any) resulting from the violation, any graph shall be required to pay, in addition to history of such violations, any good-faith efforts to such amount and interest, attorneys fees and comply with the applicable requirements, the economic impact of the penalty on the violator, and such other costs for collection proceedings and a quar- matters as justice may require. For purposes of this terly nonpayment penalty for each quarter subsection, a single operational upset which leads to si- during which such failure to pay persists. Such multaneous violations of more than one pollutant pa- nonpayment penalty shall be in an amount rameter shall be treated as a single violation.’’ equal to 20 percent of the aggregate amount of Subsec. (g). Pub. L. 100–4, § 314(a), added subsec. (g). such person’s penalties and nonpayment pen- 1977—Subsec. (a)(1). Pub. L. 95–217, §§ 55(a), 67(c)(2)(A), alties which are unpaid as of the beginning of substituted ‘‘1318, 1328, or 1345 of this title’’ for ‘‘or 1318 such quarter. of this title’’ and ‘‘1342 or 1344 of this title’’ for ‘‘1342 of this title’’. (10) Subpoenas Subsec. (a)(2). Pub. L. 95–217, § 56(a), substituted ‘‘ex- The Administrator or Secretary, as the case cept where an extension has been granted under para- may be, may issue subpoenas for the attend- graph (5)(B) of this subsection, the Administrator shall ance and testimony of witnesses and the pro- enforce any permit condition or limitation’’ for ‘‘the Administrator shall enforce any permit condition or duction of relevant papers, books, or docu- limitation’’. ments in connection with hearings under this Subsec. (a)(3). Pub. L. 95–217, §§ 55(b), 67(c)(2)(B), sub- subsection. In case of contumacy or refusal to stituted ‘‘1318, 1328, or 1345 of this title’’ for ‘‘or 1318 of obey a subpoena issued pursuant to this para- this title’’ and inserted ‘‘or in a permit issued under graph and served upon any person, the district section 1344 of this title by a State’’ after ‘‘in a permit court of the United States for any district in issued under section 1342 of this title by him or by a which such person is found, resides, or trans- State’’. acts business, upon application by the United Subsec. (a)(4). Pub. L. 95–217, § 56(b), struck out provi- sion that any order issued under this subsection had to States and after notice to such person, shall be by personal service and had to state with reasonable have jurisdiction to issue an order requiring specificity the nature of the violation and a time for such person to appear and give testimony be- compliance, not to exceed thirty days, which the Ad- fore the administrative law judge or to appear ministrator determined to be reasonable, taking into and produce documents before the administra- account the seriousness of the violation and any good tive law judge, or both, and any failure to obey faith efforts to comply with applicable requirements. such order of the court may be punished by See section subsec. (a)(5) of this section. such court as a contempt thereof. Subsec. (a)(5), (6). Pub. L. 95–217, § 56(c), added pars. (5) and (6). (11) Protection of existing procedures Subsec. (c)(1). Pub. L. 95–217, § 67(c)(2)(C), substituted Nothing in this subsection shall change the ‘‘by a State or in a permit issued under section 1344 of procedures existing on the day before Feb- this title by a State, shall be punished’’ for ‘‘by a ruary 4, 1987, under other subsections of this State, shall be punished’’. Subsec. (d). Pub. L. 95–217, §§ 55(c), 67(c)(2)(D), sub- section for issuance and enforcement of orders stituted ‘‘1318, 1328, or 1345 of this title’’ for ‘‘or 1318 of by the Administrator. this title’’ and inserted ‘‘or in a permit issued under (June 30, 1948, ch. 758, title III, § 309, as added section 1344 of this title by a State,’’ after ‘‘permit is- Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 859; sued under section 1342 of this title by the Adminis- amended Pub. L. 95–217, §§ 54(b), 55, 56, 67(c)(2), trator, or by a State,’’. Subsec. (f). Pub. L. 95–217, § 54(b), added subsec. (f). Dec. 27, 1977, 91 Stat. 1591, 1592, 1606; Pub. L. 100–4, title III, §§ 312, 313(a)(1), (b)(1), (c), 314(a), EFFECTIVE DATE OF 1990 AMENDMENT Feb. 4, 1987, 101 Stat. 42, 45, 46; Pub. L. 101–380, Amendment by Pub. L. 101–380 applicable to incidents title IV, § 4301(c), Aug. 18, 1990, 104 Stat. 537.) occurring after Aug. 18, 1990, see section 1020 of Pub. L. § 1320 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 420

101–380, set out as an Effective Date note under section agency. Nothing in this subsection shall be con- 2701 of this title. strued to modify, amend, repeal, or otherwise af- SAVINGS PROVISION fect the provisions of the 1909 Boundary Waters Treaty between Canada and the United States or Section 313(a)(2) of Pub. L. 100–4 provided that: ‘‘No State shall be required before July 1, 1988, to modify a the Water Utilization Treaty of 1944 between permit program approved or submitted under section Mexico and the United States (59 Stat. 1219), rel- 402 of the Federal Water Pollution Control Act [33 ative to the control and abatement of pollution U.S.C. 1342] as a result of the amendment made by in waters covered by those treaties. paragraph (1) [amending this section].’’ (b) Functions and responsibilities of Adminis- DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL trator not affected LIABILITY TRUST FUND The calling of a hearing under this section Penalties paid pursuant to subsection (c) of this sec- shall not be construed by the courts, the Admin- tion and sections 1321 and 1501 et seq. of this title to be istrator, or any person as limiting, modifying, deposited in the Oil Spill Liability Trust Fund created or otherwise affecting the functions and respon- under section 9509 of Title 26, Internal Revenue Code, sibilities of the Administrator under this sec- see section 4304 of Pub. L. 101–380, set out as a note tion to establish and enforce water quality re- under section 9509 of Title 26. quirements under this chapter. INCREASED PENALTIES NOT REQUIRED UNDER STATE (c) Hearing board; composition; findings of fact; PROGRAMS recommendations; implementation of board’s Section 313(b)(2) of Pub. L. 100–4 provided that: ‘‘The decision Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.] shall not be construed as requiring a State to have The Administrator shall publish in the Fed- a civil penalty for violations described in section 309(d) eral Register a notice of a public hearing before of such Act [33 U.S.C. 1319(d)] which has the same mon- a hearing board of five or more persons ap- etary amount as the civil penalty established by such pointed by the Administrator. A majority of the section, as amended by paragraph (1) [amending this members of the board and the chairman who section]. Nothing in this paragraph shall affect the Ad- shall be designated by the Administrator shall ministrator’s authority to establish or adjust by regu- not be officers or employees of Federal, State, or lation a minimum acceptable State civil penalty. local governments. On the basis of the evidence ACTIONS BY SURGEON GENERAL RELATING TO presented at such hearing, the board shall with- INTERSTATE POLLUTION in sixty days after completion of the hearing Act July 9, 1956, ch. 518, § 5, 70 Stat. 507, provided that make findings of fact as to whether or not such actions by the Surgeon General with respect to water pollution is occurring and shall thereupon by de- pollutants under section 2(d) of act June 30, 1948, ch. cision, incorporating its findings therein, make 758, 62 Stat. 1155, as in effect prior to July 9, 1956, which such recommendations to abate the pollution as had been completed prior to such date, would still be may be appropriate and shall transmit such de- subject to the terms of section 2(d) of act June 30, 1948, cision and the record of the hearings to the Ad- in effect prior to the July 9, 1956 amendment, but that ministrator. All such decisions shall be public. actions with respect to such pollutants would neverthe- less subsequently be possible in accordance with the Upon receipt of such decision, the Administrator terms of act June 30, 1948, as amended by act July 9, shall promptly implement the board’s decision 1956. in accordance with the provisions of this chap- ter. § 1320. International pollution abatement (d) Report by alleged polluter (a) Hearing; participation by foreign nations In connection with any hearing called under Whenever the Administrator, upon receipts of this subsection, the board is authorized to re- reports, surveys, or studies from any duly con- quire any person whose alleged activities result stituted international agency, has reason to be- in discharges causing or contributing to pollu- lieve that pollution is occurring which endan- tion to file with it in such forms as it may pre- gers the health or welfare of persons in a foreign scribe, a report based on existing data, furnish- country, and the Secretary of State requests ing such information as may reasonably be re- him to abate such pollution, he shall give formal quired as to the character, kind, and quantity of notification thereof to the State water pollution such discharges and the use of facilities or other control agency of the State or States in which means to prevent or reduce such discharges by such discharge or discharges originate and to the person filing such a report. Such report shall the appropriate interstate agency, if any. He be made under oath or otherwise, as the board shall also promptly call such a hearing, if he be- may prescribe, and shall be filed with the board lieves that such pollution is occurring in suffi- within such reasonable period as it may pre- cient quantity to warrant such action, and if scribe, unless additional time is granted by it. such foreign country has given the United Upon a showing satisfactory to the board by the States essentially the same rights with respect person filing such report that such report or por- to the prevention and control of pollution occur- tion thereof (other than effluent data), to which ring in that country as is given that country by the Administrator has access under this section, this subsection. The Administrator, through the if made public would divulge trade secrets or se- Secretary of State, shall invite the foreign coun- cret processes of such person, the board shall try which may be adversely affected by the pol- consider such report or portion thereof confiden- lution to attend and participate in the hearing, tial for the purposes of section 1905 of title 18. If and the representative of such country shall, for any person required to file any report under this the purpose of the hearing and any further pro- paragraph shall fail to do so within the time ceeding resulting from such hearing, have all fixed by the board for filing the same, and such the rights of a State water pollution control failure shall continue for thirty days after no- Page 421 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1321 tice of such default, such person shall forfeit to with respect to a permit issued or modified the United States the sum of $1,000 for each and under section 1342 of this title, and subject to every day of the continuance of such failure, a condition in such permit,,1 (C) continuous or which forfeiture shall be payable into the Treas- anticipated intermittent discharges from a ury of the United States, and shall be recover- point source, identified in a permit or permit able in a civil suit in the name of the United application under section 1342 of this title, States in the district court of the United States which are caused by events occurring within where such person has his principal office or in the scope of relevant operating or treatment any district in which he does business. The Ad- systems, and (D) discharges incidental to me- ministrator may upon application therefor chanical removal authorized by the President remit or mitigate any forfeiture provided for under subsection (c) of this section; under this subsection. (3) ‘‘vessel’’ means every description of (e) Compensation of board members watercraft or other artificial contrivance used, or capable of being used, as a means of Board members, other than officers or employ- transportation on water other than a public ees of Federal, State, or local governments, vessel; shall be for each day (including travel-time) (4) ‘‘public vessel’’ means a vessel owned or during which they are performing board busi- bareboat-chartered and operated by the United ness, entitled to receive compensation at a rate States, or by a State or political subdivision fixed by the Administrator but not in excess of thereof, or by a foreign nation, except when the maximum rate of pay for grade GS–18, as such vessel is engaged in commerce; provided in the General Schedule under section (5) ‘‘United States’’ means the States, the 5332 of title 5, and shall, notwithstanding the District of Columbia, the Commonwealth of limitations of sections 5703 and 5704 of title 5, be Puerto Rico, the Commonwealth of the North- fully reimbursed for travel, subsistence and re- ern Mariana Islands, Guam, American Samoa, lated expenses. the Virgin Islands, and the Trust Territory of (f) Enforcement proceedings the Pacific Islands; When any such recommendation adopted by (6) ‘‘owner or operator’’ means (A) in the the Administrator involves the institution of case of a vessel, any person owning, operating, enforcement proceedings against any person to or chartering by demise, such vessel, and (B) obtain the abatement of pollution subject to in the case of an onshore facility, and an off- such recommendation, the Administrator shall shore facility, any person owning or operating institute such proceedings if he believes that the such onshore facility or offshore facility, and evidence warrants such proceedings. The district (C) in the case of any abandoned offshore facil- court of the United States shall consider and de- ity, the person who owned or operated such fa- termine de novo all relevant issues, but shall re- cility immediately prior to such abandon- ceive in evidence the record of the proceedings ment; before the conference or hearing board. The (7) ‘‘person’’ includes an individual, firm, court shall have jurisdiction to enter such judg- corporation, association, and a partnership; ment and orders enforcing such judgment as it (8) ‘‘remove’’ or ‘‘removal’’ refers to contain- deems appropriate or to remand such proceed- ment and removal of the oil or hazardous sub- ings to the Administrator for such further ac- stances from the water and shorelines or the tion as it may direct. taking of such other actions as may be nec- essary to prevent, minimize, or mitigate dam- (June 30, 1948, ch. 758, title III, § 310, as added age to the public health or welfare, including, Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 860.) but not limited to, fish, shellfish, wildlife, and REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY public and private property, shorelines, and RATES beaches; References in laws to the rates of pay for GS–16, 17, (9) ‘‘contiguous zone’’ means the entire zone or 18, or to maximum rates of pay under the General established or to be established by the United Schedule, to be considered references to rates payable States under article 24 of the Convention on under specified sections of Title 5, Government Organi- the Territorial Sea and the Contiguous Zone; zation and Employees, see section 529 [title I, § 101(c)(1)] (10) ‘‘onshore facility’’ means any facility of Pub. L. 101–509, set out in a note under section 5376 (including, but not limited to, motor vehicles of Title 5. and rolling stock) of any kind located in, on, or under, any land within the United States § 1321. Oil and hazardous substance liability other than submerged land; (a) Definitions (11) ‘‘offshore facility’’ means any facility of For the purpose of this section, the term— any kind located in, on, or under, any of the (1) ‘‘oil’’ means oil of any kind or in any navigable waters of the United States, and any form, including, but not limited to, petroleum, facility of any kind which is subject to the ju- fuel oil, sludge, oil refuse, and oil mixed with risdiction of the United States and is located wastes other than dredged spoil; in, on, or under any other waters, other than (2) ‘‘discharge’’ includes, but is not limited a vessel or a public vessel; to, any spilling, leaking, pumping, pouring, (12) ‘‘act of God’’ means an act occasioned by emitting, emptying or dumping, but excludes an unanticipated grave natural disaster; (A) discharges in compliance with a permit (13) ‘‘barrel’’ means 42 United States gallons under section 1342 of this title, (B) discharges at 60 degrees Fahrenheit; resulting from circumstances identified and reviewed and made a part of the public record 1 So in original. § 1321 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 422

(14) ‘‘hazardous substance’’ means any sub- (b) Congressional declaration of policy against stance designated pursuant to subsection (b)(2) discharges of oil or hazardous substances; of this section; designation of hazardous substances; study (15) ‘‘inland oil barge’’ means a non-self-pro- of higher standard of care incentives and re- pelled vessel carrying oil in bulk as cargo and port to Congress; liability; penalties; civil ac- certificated to operate only in the inland wa- tions: penalty limitations, separate offenses, ters of the United States, while operating in jurisdiction, mitigation of damages and costs, such waters; recovery of removal costs, alternative rem- (16) ‘‘inland waters of the United States’’ edies, and withholding clearance of vessels means those waters of the United States lying (1) The Congress hereby declares that it is the inside the baseline from which the territorial policy of the United States that there should be sea is measured and those waters outside such no discharges of oil or hazardous substances into baseline which are a part of the Gulf Intra- or upon the navigable waters of the United coastal Waterway; States, adjoining shorelines, or into or upon the (17) ‘‘otherwise subject to the jurisdiction of waters of the contiguous zone, or in connection the United States’’ means subject to the juris- with activities under the Outer Continental diction of the United States by virtue of Shelf Lands Act [43 U.S.C. 1331 et seq.] or the United States citizenship, United States vessel Deepwater Port Act of 1974 [33 U.S.C. 1501 et documentation or numbering, or as provided seq.], or which may affect natural resources be- for by international agreement to which the longing to, appertaining to, or under the exclu- United States is a party; sive management authority of the United States (including resources under the Magnuson-Ste- (18) ‘‘Area Committee’’ means an Area Com- vens Fishery Conservation and Management Act mittee established under subsection (j) of this [16 U.S.C. 1801 et seq.]). section; (2)(A) The Administrator shall develop, pro- (19) ‘‘Area Contingency Plan’’ means an Area mulgate, and revise as may be appropriate, regu- Contingency Plan prepared under subsection lations designating as hazardous substances, (j) of this section; other than oil as defined in this section, such (20) ‘‘Coast Guard District Response Group’’ elements and compounds which, when dis- means a Coast Guard District Response Group charged in any quantity into or upon the navi- established under subsection (j) of this sec- gable waters of the United States or adjoining tion; shorelines or the waters of the contiguous zone (21) ‘‘Federal On-Scene Coordinator’’ means or in connection with activities under the Outer a Federal On-Scene Coordinator designated in Continental Shelf Lands Act [43 U.S.C. 1331 et the National Contingency Plan; seq.] or the Deepwater Port Act of 1974 [33 U.S.C. (22) ‘‘National Contingency Plan’’ means the 1501 et seq.], or which may affect natural re- National Contingency Plan prepared and pub- sources belonging to, appertaining to, or under lished under subsection (d) of this section; the exclusive management authority of the (23) ‘‘National Response Unit’’ means the United States (including resources under the Magnuson-Stevens Fishery Conservation and National Response Unit established under sub- Management Act [16 U.S.C. 1801 et seq.]), present section (j) of this section; an imminent and substantial danger to the pub- (24) ‘‘worst case discharge’’ means— lic health or welfare, including, but not limited (A) in the case of a vessel, a discharge in to, fish, shellfish, wildlife, shorelines, and adverse weather conditions of its entire beaches. cargo; and (B) The Administrator shall within 18 months (B) in the case of an offshore facility or on- after the date of enactment of this paragraph, shore facility, the largest foreseeable dis- conduct a study and report to the Congress on charge in adverse weather conditions; methods, mechanisms, and procedures to create incentives to achieve a higher standard of care (25) ‘‘removal costs’’ means— in all aspects of the management and movement (A) the costs of removal of oil or a hazard- of hazardous substances on the part of owners, ous substance that are incurred after it is operators, or persons in charge of onshore facili- discharged; and ties, offshore facilities, or vessels. The Adminis- (B) in any case in which there is a substan- trator shall include in such study (1) limits of li- tial threat of a discharge of oil or a hazard- ability, (2) liability for third party damages, (3) ous substance, the costs to prevent, mini- penalties and fees, (4) spill prevention plans, (5) mize, or mitigate that threat; and current practices in the insurance and banking (26) ‘‘nontank vessel’’ means a self-propelled industries, and (6) whether the penalty enacted vessel that— in subclause (bb) of clause (iii) of subparagraph (B) of subsection (b)(2) of section 311 of Public (A) is at least 400 gross tons as measured Law 92–500 should be enacted. under section 14302 of title 46 or, for vessels (3) The discharge of oil or hazardous sub- not measured under that section, as meas- stances (i) into or upon the navigable waters of ured under section 14502 of that title; the United States, adjoining shorelines, or into (B) is not a tank vessel; or upon the waters of the contiguous zone, or (ii) (C) carries oil of any kind as fuel for main in connection with activities under the Outer propulsion; and Continental Shelf Lands Act [43 U.S.C. 1331 et (D) operates on the navigable waters of the seq.] or the Deepwater Port Act of 1974 [33 U.S.C. United States, as defined in section 2101(17a) 1501 et seq.], or which may affect natural re- of that title. sources belonging to, appertaining to, or under Page 423 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1321 the exclusive management authority of the may be assessed a class I or class II civil pen- United States (including resources under the alty by the Secretary of the department in Magnuson-Stevens Fishery Conservation and which the Coast Guard is operating, the Sec- Management Act [16 U.S.C. 1801 et seq.]), in such retary of Transportation, or the Adminis- quantities as may be harmful as determined by trator. the President under paragraph (4) of this sub- (B) CLASSES OF PENALTIES.— section, is prohibited, except (A) in the case of (i) CLASS I.—The amount of a class I civil such discharges into the waters of the contig- penalty under subparagraph (A) may not ex- uous zone or which may affect natural resources ceed $10,000 per violation, except that the belonging to, appertaining to, or under the ex- maximum amount of any class I civil pen- clusive management authority of the United alty under this subparagraph shall not ex- States (including resources under the Magnu- ceed $25,000. Before assessing a civil penalty son-Stevens Fishery Conservation and Manage- under this clause, the Administrator or Sec- ment Act), where permitted under the Protocol retary, as the case may be, shall give to the of 1978 Relating to the International Convention person to be assessed such penalty written for the Prevention of Pollution from Ships, 1973, notice of the Administrator’s or Secretary’s and (B) where permitted in quantities and at proposal to assess the penalty and the oppor- times and locations or under such circumstances tunity to request, within 30 days of the date or conditions as the President may, by regula- the notice is received by such person, a hear- tion, determine not to be harmful. Any regula- ing on the proposed penalty. Such hearing tions issued under this subsection shall be con- shall not be subject to section 554 or 556 of sistent with maritime safety and with marine title 5, but shall provide a reasonable oppor- and navigation laws and regulations and appli- tunity to be heard and to present evidence. (ii) CLASS II.—The amount of a class II cable water quality standards. (4) The President shall by regulation deter- civil penalty under subparagraph (A) may mine for the purposes of this section those quan- not exceed $10,000 per day for each day dur- tities of oil and any hazardous substances the ing which the violation continues; except that the maximum amount of any class II discharge of which may be harmful to the public civil penalty under this subparagraph shall health or welfare or the environment of the not exceed $125,000. Except as otherwise pro- United States, including but not limited to fish, vided in this subsection, a class II civil pen- shellfish, wildlife, and public and private prop- alty shall be assessed and collected in the erty, shorelines, and beaches. (5) Any person in charge of a vessel or of an same manner, and subject to the same provi- onshore facility or an offshore facility shall, as sions, as in the case of civil penalties as- soon as he has knowledge of any discharge of oil sessed and collected after notice and oppor- or a hazardous substance from such vessel or fa- tunity for a hearing on the record in accord- cility in violation of paragraph (3) of this sub- ance with section 554 of title 5. The Adminis- section, immediately notify the appropriate trator and Secretary may issue rules for dis- agency of the United States Government of such covery procedures for hearings under this discharge. The Federal agency shall imme- paragraph. diately notify the appropriate State agency of (C) RIGHTS OF INTERESTED PERSONS.— any State which is, or may reasonably be ex- (i) PUBLIC NOTICE.—Before issuing an order pected to be, affected by the discharge of oil or assessing a class II civil penalty under this a hazardous substance. Any such person (A) in paragraph the Administrator or Secretary, charge of a vessel from which oil or a hazardous as the case may be, shall provide public no- substance is discharged in violation of para- tice of and reasonable opportunity to com- graph (3)(i) of this subsection, or (B) in charge of ment on the proposed issuance of such order. a vessel from which oil or a hazardous substance (ii) PRESENTATION OF EVIDENCE.—Any per- is discharged in violation of paragraph (3)(ii) of son who comments on a proposed assessment this subsection and who is otherwise subject to of a class II civil penalty under this para- the jurisdiction of the United States at the time graph shall be given notice of any hearing of the discharge, or (C) in charge of an onshore held under this paragraph and of the order facility or an offshore facility, who fails to no- assessing such penalty. In any hearing held tify immediately such agency of such discharge under this paragraph, such person shall have shall, upon conviction, be fined in accordance a reasonable opportunity to be heard and to with title 18, or imprisoned for not more than 5 present evidence. years, or both. Notification received pursuant to (iii) RIGHTS OF INTERESTED PERSONS TO A this paragraph shall not be used against any HEARING.—If no hearing is held under sub- such natural person in any criminal case, except paragraph (B) before issuance of an order as- a prosecution for perjury or for giving a false sessing a class II civil penalty under this statement. paragraph, any person who commented on (6) ADMINISTRATIVE PENALTIES.— the proposed assessment may petition, with- (A) VIOLATIONS.—Any owner, operator, or in 30 days after the issuance of such order, person in charge of any vessel, onshore facil- the Administrator or Secretary, as the case ity, or offshore facility— may be, to set aside such order and to pro- (i) from which oil or a hazardous substance vide a hearing on the penalty. If the evi- is discharged in violation of paragraph (3), or dence presented by the petitioner in support (ii) who fails or refuses to comply with any of the petition is material and was not con- regulation issued under subsection (j) of this sidered in the issuance of the order, the Ad- section to which that owner, operator, or ministrator or Secretary shall immediately person in charge is subject, set aside such order and provide a hearing in § 1321 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 424

accordance with subparagraph (B)(ii). If the same violation unless the Administrator’s or Administrator or Secretary denies a hearing Secretary’s assessment of the penalty con- under this clause, the Administrator or Sec- stitutes an abuse of discretion. retary shall provide to the petitioner, and (H) COLLECTION.—If any person fails to pay publish in the Federal Register, notice of an assessment of a civil penalty— and the reasons for such denial. (i) after the assessment has become final, or (D) FINALITY OF ORDER.—An order assessing (ii) after a court in an action brought a class II civil penalty under this paragraph under subparagraph (G) has entered a final shall become final 30 days after its issuance judgment in favor of the Administrator or unless a petition for judicial review is filed Secretary, as the case may be, under subparagraph (G) or a hearing is re- quested under subparagraph (C)(iii). If such a the Administrator or Secretary shall request hearing is denied, such order shall become the Attorney General to bring a civil action in final 30 days after such denial. an appropriate district court to recover the (E) EFFECT OF ORDER.—Action taken by the amount assessed (plus interest at currently Administrator or Secretary, as the case may prevailing rates from the date of the final be, under this paragraph shall not affect or order or the date of the final judgment, as the limit the Administrator’s or Secretary’s au- case may be). In such an action, the validity, thority to enforce any provision of this chap- amount, and appropriateness of such penalty ter; except that any violation— shall not be subject to review. Any person who (i) with respect to which the Adminis- fails to pay on a timely basis the amount of an trator or Secretary has commenced and is assessment of a civil penalty as described in diligently prosecuting an action to assess a the first sentence of this subparagraph shall be class II civil penalty under this paragraph, required to pay, in addition to such amount or and interest, attorneys fees and costs for col- (ii) for which the Administrator or Sec- lection proceedings and a quarterly non- retary has issued a final order assessing a payment penalty for each quarter during class II civil penalty not subject to further which such failure to pay persists. Such non- judicial review and the violator has paid a payment penalty shall be in an amount equal penalty assessed under this paragraph, to 20 percent of the aggregate amount of such shall not be the subject of a civil penalty ac- person’s penalties and nonpayment penalties tion under section 1319(d), 1319(g), or 1365 of which are unpaid as of the beginning of such this title or under paragraph (7). quarter. (F) EFFECT OF ACTION ON COMPLIANCE.—No (I) SUBPOENAS.—The Administrator or Sec- action by the Administrator or Secretary retary, as the case may be, may issue subpoe- under this paragraph shall affect any person’s nas for the attendance and testimony of wit- obligation to comply with any section of this nesses and the production of relevant papers, chapter. books, or documents in connection with hear- (G) JUDICIAL REVIEW.—Any person against ings under this paragraph. In case of contu- whom a civil penalty is assessed under this macy or refusal to obey a subpoena issued pur- paragraph or who commented on the proposed suant to this subparagraph and served upon assessment of such penalty in accordance with any person, the district court of the United subparagraph (C) may obtain review of such States for any district in which such person is assessment— found, resides, or transacts business, upon ap- (i) in the case of assessment of a class I plication by the United States and after notice civil penalty, in the United States District to such person, shall have jurisdiction to issue Court for the District of Columbia or in the an order requiring such person to appear and district in which the violation is alleged to give testimony before the administrative law have occurred, or judge or to appear and produce documents be- (ii) in the case of assessment of a class II fore the administrative law judge, or both, and civil penalty, in United States Court of Ap- any failure to obey such order of the court peals for the District of Columbia Circuit or may be punished by such court as a contempt for any other circuit in which such person thereof. resides or transacts business, (7) CIVIL PENALTY ACTION.— by filing a notice of appeal in such court with- (A) DISCHARGE, GENERALLY.—Any person who in the 30-day period beginning on the date the is the owner, operator, or person in charge of civil penalty order is issued and by simulta- any vessel, onshore facility, or offshore facil- neously sending a copy of such notice by cer- ity from which oil or a hazardous substance is tified mail to the Administrator or Secretary, discharged in violation of paragraph (3), shall as the case may be, and the Attorney General. be subject to a civil penalty in an amount up The Administrator or Secretary shall prompt- to $25,000 per day of violation or an amount up ly file in such court a certified copy of the to $1,000 per barrel of oil or unit of reportable record on which the order was issued. Such quantity of hazardous substances discharged. court shall not set aside or remand such order (B) FAILURE TO REMOVE OR COMPLY.—Any unless there is not substantial evidence in the person described in subparagraph (A) who, record, taken as a whole, to support the find- without sufficient cause— ing of a violation or unless the Administra- (i) fails to properly carry out removal of tor’s or Secretary’s assessment of the penalty the discharge under an order of the Presi- constitutes an abuse of discretion and shall dent pursuant to subsection (c) of this sec- not impose additional civil penalties for the tion; or Page 425 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1321

(ii) fails to comply with an order pursuant Secretary of the Treasury, upon the request of to subsection (e)(1)(B) of this section; the Secretary of the department in which the shall be subject to a civil penalty in an Coast Guard is operating or the Administrator, amount up to $25,000 per day of violation or an shall with respect to such vessel refuse or re- amount up to 3 times the costs incurred by the voke— (A) the clearance required by section 60105 of Oil Spill Liability Trust Fund as a result of title 46; such failure. (B) a permit to proceed under section 4367 of (C) FAILURE TO COMPLY WITH REGULATION.— the Revised Statutes of the United States (46 Any person who fails or refuses to comply with U.S.C. App. 313); 2 and any regulation issued under subsection (j) of (C) a permit to depart required under section this section shall be subject to a civil penalty 1443 2 of title 19; in an amount up to $25,000 per day of violation. (D) GROSS NEGLIGENCE.—In any case in which as applicable. Clearance or a permit refused or a violation of paragraph (3) was the result of revoked under this paragraph may be granted gross negligence or willful misconduct of a upon the filing of a bond or other surety satis- person described in subparagraph (A), the per- factory to the Secretary of the department in son shall be subject to a civil penalty of not which the Coast Guard is operating or the Ad- less than $100,000, and not more than $3,000 per ministrator. barrel of oil or unit of reportable quantity of (c) Federal removal authority hazardous substance discharged. (1) General removal requirement (E) JURISDICTION.—An action to impose a civil penalty under this paragraph may be (A) The President shall, in accordance with brought in the district court of the United the National Contingency Plan and any appro- States for the district in which the defendant priate Area Contingency Plan, ensure effective is located, resides, or is doing business, and and immediate removal of a discharge, and such court shall have jurisdiction to assess mitigation or prevention of a substantial such penalty. threat of a discharge, of oil or a hazardous substance— (F) LIMITATION.—A person is not liable for a (i) into or on the navigable waters; civil penalty under this paragraph for a dis- (ii) on the adjoining shorelines to the navi- charge if the person has been assessed a civil gable waters; penalty under paragraph (6) for the discharge. (iii) into or on the waters of the exclusive (8) DETERMINATION OF AMOUNT.—In determin- economic zone; or ing the amount of a civil penalty under para- (iv) that may affect natural resources be- graphs (6) and (7), the Administrator, Secretary, longing to, appertaining to, or under the ex- or the court, as the case may be, shall consider clusive management authority of the United the seriousness of the violation or violations, States. the economic benefit to the violator, if any, re- (B) In carrying out this paragraph, the sulting from the violation, the degree of cul- President may— pability involved, any other penalty for the (i) remove or arrange for the removal of a same incident, any history of prior violations, discharge, and mitigate or prevent a sub- the nature, extent, and degree of success of any stantial threat of a discharge, at any time; efforts of the violator to minimize or mitigate (ii) direct or monitor all Federal, State, the effects of the discharge, the economic im- and private actions to remove a discharge; pact of the penalty on the violator, and any and other matters as justice may require. (iii) remove and, if necessary, destroy a (9) MITIGATION OF DAMAGE.—In addition to es- vessel discharging, or threatening to dis- tablishing a penalty for the discharge of oil or a charge, by whatever means are available. hazardous substance, the Administrator or the (2) Discharge posing substantial threat to pub- Secretary of the department in which the Coast lic health or welfare Guard is operating may act to mitigate the damage to the public health or welfare caused (A) If a discharge, or a substantial threat of by such discharge. The cost of such mitigation a discharge, of oil or a hazardous substance shall be deemed a cost incurred under subsection from a vessel, offshore facility, or onshore fa- (c) of this section for the removal of such sub- cility is of such a size or character as to be a stance by the United States Government. substantial threat to the public health or wel- (10) RECOVERY OF REMOVAL COSTS.—Any costs fare of the United States (including but not of removal incurred in connection with a dis- limited to fish, shellfish, wildlife, other natu- charge excluded by subsection (a)(2)(C) of this ral resources, and the public and private section shall be recoverable from the owner or beaches and shorelines of the United States), operator of the source of the discharge in an ac- the President shall direct all Federal, State, tion brought under section 1319(b) of this title. and private actions to remove the discharge or (11) LIMITATION.—Civil penalties shall not be to mitigate or prevent the threat of the dis- assessed under both this section and section 1319 charge. of this title for the same discharge. (B) In carrying out this paragraph, the (12) WITHHOLDING CLEARANCE.—If any owner, President may, without regard to any other operator, or person in charge of a vessel is liable provision of law governing contracting proce- for a civil penalty under this subsection, or if dures or employment of personnel by the Fed- reasonable cause exists to believe that the eral Government— owner, operator, or person in charge may be sub- ject to a civil penalty under this subsection, the 2 See References in Text note below. § 1321 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 426

(i) remove or arrange for the removal of (2) Contents the discharge, or mitigate or prevent the The National Contingency Plan shall pro- substantial threat of the discharge; and vide for efficient, coordinated, and effective (ii) remove and, if necessary, destroy a action to minimize damage from oil and haz- vessel discharging, or threatening to dis- ardous substance discharges, including con- charge, by whatever means are available. tainment, dispersal, and removal of oil and (3) Actions in accordance with National Con- hazardous substances, and shall include, but tingency Plan not be limited to, the following: (A) Each Federal agency, State, owner or op- (A) Assignment of duties and responsibil- erator, or other person participating in efforts ities among Federal departments and agen- under this subsection shall act in accordance cies in coordination with State and local with the National Contingency Plan or as di- agencies and port authorities including, but rected by the President. not limited to, water pollution control and (B) An owner or operator participating in ef- conservation and trusteeship of natural re- forts under this subsection shall act in accord- sources (including conservation of fish and ance with the National Contingency Plan and wildlife). the applicable response plan required under (B) Identification, procurement, mainte- subsection (j) of this section, or as directed by nance, and storage of equipment and sup- the President, except that the owner or opera- plies. tor may deviate from the applicable response (C) Establishment or designation of Coast plan if the President or the Federal On-Scene Guard strike teams, consisting of— (i) personnel who shall be trained, pre- Coordinator determines that deviation from pared, and available to provide necessary the response plan would provide for a more ex- services to carry out the National Contin- peditious or effective response to the spill or gency Plan; mitigation of its environmental effects. (ii) adequate oil and hazardous substance (4) Exemption from liability pollution control equipment and material; (A) A person is not liable for removal costs and or damages which result from actions taken or (iii) a detailed oil and hazardous sub- omitted to be taken in the course of rendering stance pollution and prevention plan, in- care, assistance, or advice consistent with the cluding measures to protect fisheries and National Contingency Plan or as otherwise di- wildlife. rected by the President relating to a discharge (D) A system of surveillance and notice de- or a substantial threat of a discharge of oil or signed to safeguard against as well as ensure a hazardous substance. earliest possible notice of discharges of oil (B) Subparagraph (A) does not apply— and hazardous substances and imminent (i) to a responsible party; threats of such discharges to the appropriate (ii) to a response under the Comprehensive State and Federal agencies. Environmental Response, Compensation, (E) Establishment of a national center to and Liability Act of 1980 (42 U.S.C. 9601 et provide coordination and direction for oper- seq.); ations in carrying out the Plan. (iii) with respect to personal injury or (F) Procedures and techniques to be em- wrongful death; or ployed in identifying, containing, dispersing, (iv) if the person is grossly negligent or en- and removing oil and hazardous substances. gages in willful misconduct. (G) A schedule, prepared in cooperation (C) A responsible party is liable for any re- with the States, identifying— moval costs and damages that another person (i) dispersants, other chemicals, and is relieved of under subparagraph (A). other spill mitigating devices and sub- stances, if any, that may be used in carry- (5) Obligation and liability of owner or opera- ing out the Plan, tor not affected (ii) the waters in which such dispersants, Nothing in this subsection affects— other chemicals, and other spill mitigating (A) the obligation of an owner or operator devices and substances may be used, and to respond immediately to a discharge, or (iii) the quantities of such dispersant, the threat of a discharge, of oil; or other chemicals, or other spill mitigating (B) the liability of a responsible party device or substance which can be used under the Oil Pollution Act of 1990 [33 U.S.C. safely in such waters, 2701 et seq.]. which schedule shall provide in the case of (6) ‘‘Responsible party’’ defined any dispersant, chemical, spill mitigating For purposes of this subsection, the term device or substance, or waters not specifi- ‘‘responsible party’’ has the meaning given cally identified in such schedule that the that term under section 1001 of the Oil Pollu- President, or his delegate, may, on a case- tion Act of 1990 [33 U.S.C. 2701]. by-case basis, identify the dispersants, other (d) National Contingency Plan chemicals, and other spill mitigating devices and substances which may be used, the wa- (1) Preparation by President ters in which they may be used, and the The President shall prepare and publish a quantities which can be used safely in such National Contingency Plan for removal of oil waters. and hazardous substances pursuant to this sec- (H) A system whereby the State or States tion. affected by a discharge of oil or hazardous Page 427 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1321

substance may act where necessary to re- and nonliving natural resources under the ju- move such discharge and such State or risdiction or control of the United States, be- States may be reimbursed in accordance cause of an actual or threatened discharge of with the Oil Pollution Act of 1990 [33 U.S.C. oil or a hazardous substance from a vessel or 2701 et seq.], in the case of any discharge of facility in violation of subsection (b) of this oil from a vessel or facility, for the reason- section, the President may— able costs incurred for that removal, from (A) require the Attorney General to secure the Oil Spill Liability Trust Fund. any relief from any person, including the (I) Establishment of criteria and proce- owner or operator of the vessel or facility, as dures to ensure immediate and effective Fed- may be necessary to abate such endanger- eral identification of, and response to, a dis- ment; or charge, or the threat of a discharge, that re- (B) after notice to the affected State, take sults in a substantial threat to the public any other action under this section, includ- health or welfare of the United States, as re- ing issuing administrative orders, that may quired under subsection (c)(2) of this section. be necessary to protect the public health (J) Establishment of procedures and stand- and welfare. ards for removing a worst case discharge of (2) Jurisdiction of district courts oil, and for mitigating or preventing a sub- The district courts of the United States stantial threat of such a discharge. shall have jurisdiction to grant any relief (K) Designation of the Federal official who under this subsection that the public interest shall be the Federal On-Scene Coordinator and the equities of the case may require. for each area for which an Area Contingency (f) Liability for actual costs of removal Plan is required to be prepared under sub- section (j) of this section. (1) Except where an owner or operator can (L) Establishment of procedures for the co- prove that a discharge was caused solely by (A) ordination of activities of— an act of God, (B) an act of war, (C) negligence (i) Coast Guard strike teams established on the part of the United States Government, or under subparagraph (C); (D) an act or omission of a third party without (ii) Federal On-Scene Coordinators des- regard to whether any such act or omission was ignated under subparagraph (K); or was not negligent, or any combination of the (iii) District Response Groups estab- foregoing clauses, such owner or operator of any lished under subsection (j) of this section; vessel from which oil or a hazardous substance and is discharged in violation of subsection (b)(3) of (iv) Area Committees established under this section shall, notwithstanding any other subsection (j) of this section. provision of law, be liable to the United States Government for the actual costs incurred under (M) A fish and wildlife response plan, de- subsection (c) of this section for the removal of veloped in consultation with the United such oil or substance by the United States Gov- States Fish and Wildlife Service, the Na- ernment in an amount not to exceed, in the case tional Oceanic and Atmospheric Administra- of an inland oil barge $125 per gross ton of such tion, and other interested parties (including barge, or $125,000, whichever is greater, and in State fish and wildlife conservation offi- the case of any other vessel, $150 per gross ton cials), for the immediate and effective pro- of such vessel (or, for a vessel carrying oil or tection, rescue, and rehabilitation of, and hazardous substances as cargo, $250,000), which- the minimization of risk of damage to, fish ever is greater, except that where the United and wildlife resources and their habitat that States can show that such discharge was the re- are harmed or that may be jeopardized by a sult of willful negligence or willful misconduct discharge. within the privity and knowledge of the owner, (3) Revisions and amendments such owner or operator shall be liable to the The President may, from time to time, as United States Government for the full amount the President deems advisable, revise or other- of such costs. Such costs shall constitute a mar- wise amend the National Contingency Plan. itime lien on such vessel which may be recov- ered in an action in rem in the district court of (4) Actions in accordance with National Con- the United States for any district within which tingency Plan any vessel may be found. The United States may After publication of the National Contin- also bring an action against the owner or opera- gency Plan, the removal of oil and hazardous tor of such vessel in any court of competent ju- substances and actions to minimize damage risdiction to recover such costs. from oil and hazardous substance discharges (2) Except where an owner or operator of an shall, to the greatest extent possible, be in ac- onshore facility can prove that a discharge was cordance with the National Contingency Plan. caused solely by (A) an act of God, (B) an act of (e) Civil enforcement war, (C) negligence on the part of the United States Government, or (D) an act or omission of (1) Orders protecting public health a third party without regard to whether any In addition to any action taken by a State such act or omission was or was not negligent, or local government, when the President de- or any combination of the foregoing clauses, termines that there may be an imminent and such owner or operator of any such facility from substantial threat to the public health or wel- which oil or a hazardous substance is discharged fare of the United States, including fish, shell- in violation of subsection (b)(3) of this section fish, and wildlife, public and private property, shall be liable to the United States Government shorelines, beaches, habitat, and other living for the actual costs incurred under subsection § 1321 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 428

(c) of this section for the removal of such oil or (g) Third party liability substance by the United States Government in Where the owner or operator of a vessel (other an amount not to exceed $50,000,000, except that than an inland oil barge) carrying oil or hazard- where the United States can show that such dis- ous substances as cargo or an onshore or off- charge was the result of willful negligence or shore facility which handles or stores oil or haz- willful misconduct within the privity and ardous substances in bulk, from which oil or a knowledge of the owner, such owner or operator hazardous substance is discharged in violation shall be liable to the United States Government of subsection (b) of this section, alleges that for the full amount of such costs. The United such discharge was caused solely by an act or States may bring an action against the owner or omission of a third party, such owner or opera- operator of such facility in any court of com- tor shall pay to the United States Government petent jurisdiction to recover such costs. The the actual costs incurred under subsection (c) of Administrator is authorized, by regulation, this section for removal of such oil or substance after consultation with the Secretary of Com- and shall be entitled by subrogation to all rights merce and the Small Business Administration, of the United States Government to recover to establish reasonable and equitable classifica- such costs from such third party under this sub- tions of those onshore facilities having a total section. In any case where an owner or operator fixed storage capacity of 1,000 barrels or less of a vessel, of an onshore facility, or of an off- which he determines because of size, type, and shore facility, from which oil or a hazardous location do not present a substantial risk of the substance is discharged in violation of sub- discharge of oil or a hazardous substance in vio- section (b)(3) of this section, proves that such lation of subsection (b)(3) of this section, and discharge of oil or hazardous substance was apply with respect to such classifications differ- caused solely by an act or omission of a third ing limits of liability which may be less than party, or was caused solely by such an act or the amount contained in this paragraph. omission in combination with an act of God, an (3) Except where an owner or operator of an act of war, or negligence on the part of the offshore facility can prove that a discharge was United States Government, such third party caused solely by (A) an act of God, (B) an act of shall, notwithstanding any other provision of war, (C) negligence on the part of the United law, be liable to the United States Government States Government, or (D) an act or omission of for the actual costs incurred under subsection a third party without regard to whether any (c) of this section for removal of such oil or sub- such act or omission was or was not negligent, stance by the United States Government, except or any combination of the foregoing clauses, where such third party can prove that such dis- such owner or operator of any such facility from charge was caused solely by (A) an act of God, which oil or a hazardous substance is discharged (B) an act of war, (C) negligence on the part of in violation of subsection (b)(3) of this section the United States Government, or (D) an act or shall, notwithstanding any other provision of omission of another party without regard to law, be liable to the United States Government whether such act or omission was or was not for the actual costs incurred under subsection negligent, or any combination of the foregoing (c) of this section for the removal of such oil or clauses. If such third party was the owner or op- substance by the United States Government in erator of a vessel which caused the discharge of an amount not to exceed $50,000,000, except that oil or a hazardous substance in violation of sub- where the United States can show that such dis- section (b)(3) of this section, the liability of such charge was the result of willful negligence or third party under this subsection shall not ex- willful misconduct within the privity and ceed, in the case of an inland oil barge $125 per knowledge of the owner, such owner or operator gross ton of such barge, or $125,000, whichever is shall be liable to the United States Government greater, and in the case of any other vessel, $150 for the full amount of such costs. The United per gross ton of such vessel (or, for a vessel car- States may bring an action against the owner or rying oil or hazardous substances as cargo, operator of such a facility in any court of com- $250,000), whichever is greater. In any other case petent jurisdiction to recover such costs. the liability of such third party shall not exceed (4) The costs of removal of oil or a hazardous the limitation which would have been applicable substance for which the owner or operator of a to the owner or operator of the vessel or the on- vessel or onshore or offshore facility is liable shore or offshore facility from which the dis- under subsection (f) of this section shall include charge actually occurred if such owner or opera- any costs or expenses incurred by the Federal tor were liable. If the United States can show Government or any State government in the res- that the discharge of oil or a hazardous sub- toration or replacement of natural resources stance in violation of subsection (b)(3) of this damaged or destroyed as a result of a discharge section was the result of willful negligence or of oil or a hazardous substance in violation of willful misconduct within the privity and subsection (b) of this section. knowledge of such third party, such third party (5) The President, or the authorized represent- shall be liable to the United States Government ative of any State, shall act on behalf of the for the full amount of such removal costs. The public as trustee of the natural resources to re- United States may bring an action against the cover for the costs of replacing or restoring such third party in any court of competent jurisdic- resources. Sums recovered shall be used to re- tion to recover such removal costs. store, rehabilitate, or acquire the equivalent of (h) Rights against third parties who caused or such natural resources by the appropriate agen- contributed to discharge cies of the Federal Government, or the State The liabilities established by this section shall government. in no way affect any rights which (1) the owner Page 429 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1321 or operator of a vessel or of an onshore facility (B) shall provide technical assistance, or an offshore facility may have against any equipment, and other resources requested by third party whose acts may in any way have a Federal On-Scene Coordinator; caused or contributed to such discharge, or (2) (C) shall coordinate use of private and pub- the United States Government may have lic personnel and equipment to remove a against any third party whose actions may in worst case discharge, and to mitigate or pre- any way have caused or contributed to the dis- vent a substantial threat of such a dis- charge of oil or hazardous substance. charge, from a vessel, offshore facility, or (i) Recovery of removal costs onshore facility operating in or near an area designated by the President pursuant to In any case where an owner or operator of a paragraph (4); vessel or an onshore facility or an offshore facil- (D) may provide technical assistance in ity from which oil or a hazardous substance is the preparation of Area Contingency Plans discharged in violation of subsection (b)(3) of required under paragraph (4); this section acts to remove such oil or substance (E) shall administer Coast Guard strike in accordance with regulations promulgated teams established under the National Con- pursuant to this section, such owner or operator tingency Plan; shall be entitled to recover the reasonable costs (F) shall maintain on file all Area Contin- incurred in such removal upon establishing, in a gency Plans approved by the President under suit which may be brought against the United this subsection; and States Government in the United States Court (G) shall review each of those plans that of Federal Claims, that such discharge was affects its responsibilities under this sub- caused solely by (A) an act of God, (B) an act of section. war, (C) negligence on the part of the United (3) Coast Guard District Response Groups States Government, or (D) an act or omission of a third party without regard to whether such (A) The Secretary of the department in act or omission was or was not negligent, or of which the Coast Guard is operating shall es- any combination of the foregoing causes. tablish in each Coast Guard district a Coast (j) National Response System Guard District Response Group. (B) Each Coast Guard District Response (1) In general Group shall consist of— Consistent with the National Contingency (i) the Coast Guard personnel and equip- Plan required by subsection (c)(2) of this sec- ment, including firefighting equipment, of tion, as soon as practicable after October 18, each port within the district; 1972, and from time to time thereafter, the (ii) additional prepositioned equipment; President shall issue regulations consistent and with maritime safety and with marine and (iii) a district response advisory staff. navigation laws (A) establishing methods and (C) Coast Guard district response groups— procedures for removal of discharged oil and (i) shall provide technical assistance, hazardous substances, (B) establishing criteria equipment, and other resources when re- for the development and implementation of quired by a Federal On-Scene Coordinator; local and regional oil and hazardous substance (ii) shall maintain all Coast Guard re- removal contingency plans, (C) establishing sponse equipment within its district; procedures, methods, and equipment and other (iii) may provide technical assistance in requirements for equipment to prevent dis- the preparation of Area Contingency Plans charges of oil and hazardous substances from required under paragraph (4); and vessels and from onshore facilities and off- (iv) shall review each of those plans that shore facilities, and to contain such dis- affect its area of geographic responsibility. charges, and (D) governing the inspection of (4) Area Committees and Area Contingency vessels carrying cargoes of oil and hazardous Plans substances and the inspection of such cargoes (A) There is established for each area des- in order to reduce the likelihood of discharges ignated by the President an Area Committee of oil from vessels in violation of this section. comprised of members appointed by the Presi- (2) National Response Unit dent from qualified personnel of Federal, The Secretary of the department in which State, and local agencies. the Coast Guard is operating shall establish a (B) Each Area Committee, under the direc- National Response Unit at Elizabeth City, tion of the Federal On-Scene Coordinator for North Carolina. The Secretary, acting through its area, shall— the National Response Unit— (i) prepare for its area the Area Contin- (A) shall compile and maintain a compre- gency Plan required under subparagraph (C); hensive computer list of spill removal re- (ii) work with State and local officials to sources, personnel, and equipment that is enhance the contingency planning of those available worldwide and within the areas officials and to assure preplanning of joint designated by the President pursuant to response efforts, including appropriate pro- paragraph (4), and of information regarding cedures for mechanical recovery, dispersal, previous spills, including data from univer- shoreline cleanup, protection of sensitive en- sities, research institutions, State govern- vironmental areas, and protection, rescue, ments, and other nations, as appropriate, and rehabilitation of fisheries and wildlife; which shall be disseminated as appropriate and to response groups and area committees, and (iii) work with State and local officials to which shall be available to Federal and expedite decisions for the use of dispersants State agencies and the public; and other mitigating substances and devices. § 1321 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 430

(C) Each Area Committee shall prepare and (B) The Secretary of the Department in submit to the President for approval an Area which the Coast Guard is operating may issue Contingency Plan for its area. The Area Con- regulations which require an owner or opera- tingency Plan shall— tor of a tank vessel, a nontank vessel, or a fa- (i) when implemented in conjunction with cility described in subparagraph (C) that the National Contingency Plan, be adequate transfers noxious liquid substances in bulk to to remove a worst case discharge, and to or from a vessel to prepare and submit to the mitigate or prevent a substantial threat of Secretary a plan for responding, to the maxi- such a discharge, from a vessel, offshore fa- mum extent practicable, to a worst case dis- cility, or onshore facility operating in or charge, and to a substantial threat of such a near the area; discharge, of a noxious liquid substance that is (ii) describe the area covered by the plan, not designated as a hazardous substance or including the areas of special economic or regulated as oil in any other law or regulation. environmental importance that might be For purposes of this paragraph, the term ‘‘nox- damaged by a discharge; ious liquid substance’’ has the same meaning (iii) describe in detail the responsibilities when that term is used in the MARPOL Proto- of an owner or operator and of Federal, col described in section 1901(a)(3) 2 of this title. State, and local agencies in removing a dis- (C) The tank vessels, nontank vessels, and charge, and in mitigating or preventing a facilities referred to in subparagraphs (A) and substantial threat of a discharge; (B) are the following: (iv) list the equipment (including firefight- (i) A tank vessel, as defined under section ing equipment), dispersants or other miti- 2101 of title 46. gating substances and devices, and personnel (ii) A nontank vessel. available to an owner or operator and Fed- (iii) An offshore facility. eral, State, and local agencies, to ensure an (iv) An onshore facility that, because of its effective and immediate removal of a dis- location, could reasonably be expected to charge, and to ensure mitigation or preven- cause substantial harm to the environment tion of a substantial threat of a discharge; by discharging into or on the navigable wa- (v) compile a list of local scientists, both ters, adjoining shorelines, or the exclusive inside and outside Federal Government serv- economic zone. ice, with expertise in the environmental ef- (D) A response plan required under this para- fects of spills of the types of oil typically graph shall— transported in the area, who may be con- (i) be consistent with the requirements of tacted to provide information or, where ap- the National Contingency Plan and Area propriate, participate in meetings of the sci- Contingency Plans; entific support team convened in response to (ii) identify the qualified individual having a spill, and describe the procedures to be fol- full authority to implement removal ac- lowed for obtaining an expedited decision re- tions, and require immediate communica- garding the use of dispersants; tions between that individual and the appro- (vi) describe in detail how the plan is inte- priate Federal official and the persons pro- grated into other Area Contingency Plans viding personnel and equipment pursuant to and vessel, offshore facility, and onshore fa- clause (iii); cility response plans approved under this (iii) identify, and ensure by contract or subsection, and into operating procedures of other means approved by the President the the National Response Unit; availability of, private personnel and equip- (vii) include any other information the ment necessary to remove to the maximum President requires; and extent practicable a worst case discharge (viii) be updated periodically by the Area (including a discharge resulting from fire or Committee. explosion), and to mitigate or prevent a sub- (D) The President shall— stantial threat of such a discharge; (i) review and approve Area Contingency (iv) describe the training, equipment test- Plans under this paragraph; and ing, periodic unannounced drills, and re- (ii) periodically review Area Contingency sponse actions of persons on the vessel or at Plans so approved. the facility, to be carried out under the plan (5) Tank vessel, nontank vessel, and facility re- to ensure the safety of the vessel or facility sponse plans and to mitigate or prevent the discharge, or (A)(i) The President shall issue regulations the substantial threat of a discharge; which require an owner or operator of a tank (v) be updated periodically; and (vi) be resubmitted for approval of each vessel or facility described in subparagraph (C) significant change. to prepare and submit to the President a plan for responding, to the maximum extent prac- (E) With respect to any response plan sub- ticable, to a worst case discharge, and to a mitted under this paragraph for an onshore fa- substantial threat of such a discharge, of oil or cility that, because of its location, could rea- a hazardous substance. sonably be expected to cause significant and (ii) The President shall also issue regula- substantial harm to the environment by dis- tions which require an owner or operator of a charging into or on the navigable waters or nontank vessel to prepare and submit to the adjoining shorelines or the exclusive economic President a plan for responding, to the maxi- zone, and with respect to each response plan mum extent practicable, to a worst case dis- submitted under this paragraph for a tank ves- charge, and to a substantial threat of such a sel, nontank vessel, or offshore facility, the discharge, of oil. President shall— Page 431 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1321

(i) promptly review such response plan; Plans are required under this subsection and (ii) require amendments to any plan that under relevant tank vessel, nontank vessel, does not meet the requirements of this para- and facility response plans. The drills may in- graph; clude participation by Federal, State, and (iii) approve any plan that meets the re- local agencies, the owners and operators of quirements of this paragraph; vessels and facilities in the area, and private (iv) review each plan periodically there- industry. The President may publish annual after; and reports on these drills, including assessments (v) in the case of a plan for a nontank ves- of the effectiveness of the plans and a list of sel, consider any applicable State-mandated amendments made to improve plans. response plan in effect on August 9, 2004, and (8) United States Government not liable ensure consistency to the extent practicable. The United States Government is not liable (F) A tank vessel, nontank vessel, offshore for any damages arising from its actions or facility, or onshore facility required to pre- omissions relating to any response plan re- pare a response plan under this subsection quired by this section. may not handle, store, or transport oil un- less— (k) Repealed. Pub. L. 101–380, title II, § 2002(b)(2), (i) in the case of a tank vessel, nontank Aug. 18, 1990, 104 Stat. 507 vessel, offshore facility, or onshore facility (l) Administration for which a response plan is reviewed by the President under subparagraph (E), the plan The President is authorized to delegate the ad- has been approved by the President; and ministration of this section to the heads of (ii) the vessel or facility is operating in those Federal departments, agencies, and instru- compliance with the plan. mentalities which he determines to be appro- priate. Each such department, agency, and in- (G) Notwithstanding subparagraph (E), the strumentality, in order to avoid duplication of President may authorize a tank vessel, effort, shall, whenever appropriate, utilize the nontank vessel, offshore facility, or onshore personnel, services, and facilities of other Fed- facility to operate without a response plan ap- eral departments, agencies, and instrumental- proved under this paragraph, until not later ities. than 2 years after the date of the submission to the President of a plan for the tank vessel, (m) Administrative provisions nontank vessel, or facility, if the owner or op- (1) For vessels erator certifies that the owner or operator has Anyone authorized by the President to en- ensured by contract or other means approved force the provisions of this section with re- by the President the availability of private spect to any vessel may, except as to public personnel and equipment necessary to re- vessels— spond, to the maximum extent practicable, to (A) board and inspect any vessel upon the a worst case discharge or a substantial threat navigable waters of the United States or the of such a discharge. waters of the contiguous zone, (H) The owner or operator of a tank vessel, (B) with or without a warrant, arrest any nontank vessel, offshore facility, or onshore person who in the presence or view of the au- facility may not claim as a defense to liability thorized person violates the provisions of under title I of the Oil Pollution Act of 1990 [33 this section or any regulation issued there- U.S.C. 2701 et seq.] that the owner or operator under, and was acting in accordance with an approved re- (C) execute any warrant or other process sponse plan. issued by an officer or court of competent (I) The Secretary shall maintain, in the Ves- jurisdiction. sel Identification System established under chapter 125 of title 46, the dates of approval (2) For facilities and review of a response plan under this para- (A) Recordkeeping graph for each tank vessel and nontank vessel Whenever required to carry out the pur- that is a vessel of the United States. poses of this section, the Administrator, the (6) Equipment requirements and inspection Secretary of Transportation, or the Sec- The President may require— retary of the Department in which the Coast (A) periodic inspection of containment Guard is operating shall require the owner booms, skimmers, vessels, and other major or operator of a facility to which this sec- equipment used to remove discharges; and tion applies to establish and maintain such (B) vessels operating on navigable waters records, make such reports, install, use, and and carrying oil or a hazardous substance in maintain such monitoring equipment and bulk as cargo, and nontank vessels carrying methods, and provide such other informa- oil of any kind as fuel for main propulsion, tion as the Administrator or Secretary, as to carry appropriate removal equipment the case may be, may require to carry out that employs the best technology economi- the objectives of this section. cally feasible and that is compatible with (B) Entry and inspection the safe operation of the vessel. Whenever required to carry out the pur- (7) Area drills poses of this section, the Administrator, the The President shall periodically conduct Secretary of Transportation, or the Sec- drills of removal capability, without prior no- retary of the Department in which the Coast tice, in areas for which Area Contingency Guard is operating or an authorized rep- § 1321 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 432

resentative of the Administrator or Sec- such State, or with respect to any removal ac- retary, upon presentation of appropriate cre- tivities related to such discharge. dentials, may— (3) Nothing in this section shall be construed (i) enter and inspect any facility to as affecting or modifying any other existing au- which this section applies, including any thority of any Federal department, agency, or facility at which any records are required instrumentality, relative to onshore or offshore to be maintained under subparagraph (A); facilities under this chapter or any other provi- and sion of law, or to affect any State or local law (ii) at reasonable times, have access to not in conflict with this section. and copy any records, take samples, and (p) Repealed. Pub. L. 101–380, title II, § 2002(b)(4), inspect any monitoring equipment or Aug. 18, 1990, 104 Stat. 507 methods required under subparagraph (A). (C) Arrests and execution of warrants (q) Establishment of maximum limit of liability with respect to onshore or offshore facilities Anyone authorized by the Administrator or the Secretary of the department in which The President is authorized to establish, with the Coast Guard is operating to enforce the respect to any class or category of onshore or provisions of this section with respect to any offshore facilities, a maximum limit of liability facility may— under subsections (f)(2) and (3) of this section of (i) with or without a warrant, arrest any less than $50,000,000, but not less than $8,000,000. person who violates the provisions of this (r) Liability limitations not to limit liability section or any regulation issued there- under other legislation under in the presence or view of the person Nothing in this section shall be construed to so authorized; and impose, or authorize the imposition of, any limi- (ii) execute any warrant or process is- tation on liability under the Outer Continental sued by an officer or court of competent Shelf Lands Act [43 U.S.C. 1331 et seq.] or the jurisdiction. Deepwater Port Act of 1974 [33 U.S.C. 1501 et (D) Public access seq.]. Any records, reports, or information ob- (s) Oil Spill Liability Trust Fund tained under this paragraph shall be subject The Oil Spill Liability Trust Fund established to the same public access and disclosure re- under section 9509 of title 26 shall be available to quirements which are applicable to records, carry out subsections (b), (c), (d), (j), and (l) of reports, and information obtained pursuant this section as those subsections apply to dis- to section 1318 of this title. charges, and substantial threats of discharges, (n) Jurisdiction of oil. Any amounts received by the United The several district courts of the United States under this section shall be deposited in States are invested with jurisdiction for any ac- the Oil Spill Liability Trust Fund. tions, other than actions pursuant to subsection (June 30, 1948, ch. 758, title III, § 311, as added (i)(1) of this section, arising under this section. Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 862; In the case of Guam and the Trust Territory of amended Pub. L. 93–207, § 1(4), Dec. 28, 1973, 87 the Pacific Islands, such actions may be brought Stat. 906; Pub. L. 95–217, §§ 57, 58(a)–(g), (i), in the district court of Guam, and in the case of (k)–(m), Dec. 27, 1977, 91 Stat. 1593–1596; Pub. L. the Virgin Islands such actions may be brought 95–576, § 1(b), Nov. 2, 1978, 92 Stat. 2467; Pub. L. in the district court of the Virgin Islands. In the 96–478, § 13(b), Oct. 21, 1980, 94 Stat. 2303; Pub. L. case of American Samoa and the Trust Terri- 96–483, § 8, Oct. 21, 1980, 94 Stat. 2362; Pub. L. tory of the Pacific Islands, such actions may be 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; brought in the District Court of the United Pub. L. 97–164, title I, § 161(5), Apr. 2, 1982, 96 States for the District of Hawaii and such court Stat. 49; Pub. L. 100–4, title V, § 502(b), Feb. 4, shall have jurisdiction of such actions. In the 1987, 101 Stat. 75; Pub. L. 101–380, title II, case of the Canal Zone, such actions may be § 2002(b), title IV, §§ 4201(a), (b), (b)[(c)], 4202(a), brought in the United States District Court for (c), 4204, 4301(a), (b), 4305, 4306, Aug. 18, 1990, 104 the District of the Canal Zone. Stat. 507, 523–527, 532, 533, 540, 541; Pub. L. (o) Obligation for damages unaffected; local au- 102–388, title III, § 349, Oct. 6, 1992, 106 Stat. 1554; thority not preempted; existing Federal au- Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, thority not modified or affected 106 Stat. 4516; Pub. L. 104–208, div. A, title I, (1) Nothing in this section shall affect or mod- § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. ify in any way the obligations of any owner or 3009, 3009–41; Pub. L. 104–324, title XI, §§ 1143, 1144, operator of any vessel, or of any owner or opera- Oct. 19, 1996, 110 Stat. 3992; Pub. L. 105–383, title tor of any onshore facility or offshore facility to IV, § 411, Nov. 13, 1998, 112 Stat. 3432; Pub. L. any person or agency under any provision of law 108–293, title VII, § 701(a), (b), (d), Aug. 9, 2004, 118 for damages to any publicly owned or privately Stat. 1067, 1068; Pub. L. 109–241, title VI, § 608, owned property resulting from a discharge of title IX, § 901(i), July 11, 2006, 120 Stat. 558, 564; any oil or hazardous substance or from the re- Pub. L. 112–90, § 10, Jan. 3, 2012, 125 Stat. 1912.) moval of any such oil or hazardous substance. REFERENCES IN TEXT (2) Nothing in this section shall be construed The Outer Continental Shelf Lands Act, referred to in as preempting any State or political subdivision subsecs. (b)(1), (2)(A), (3) and (r), is act Aug. 7, 1953, ch. thereof from imposing any requirement or li- 345, 67 Stat. 462, as amended, which is classified gener- ability with respect to the discharge of oil or ally to subchapter III (§ 1331 et seq.) of chapter 29 of hazardous substance into any waters within Title 43, Public Lands. For complete classification of Page 433 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1321 this Act to the Code, see Short Title note set out under 2006—Subsec. (a)(26). Pub. L. 109–241, § 608, amended section 1331 of Title 43 and Tables. par. (26) generally. Prior to amendment, par. (26) read The Deepwater Port Act of 1974, referred to in sub- as follows: ‘‘ ‘nontank vessel’ means a self-propelled secs. (b)(1), (2)(A), (3) and (r), is Pub. L. 93–627, Jan. 3, vessel of 400 gross tons as measured under section 14302 1975, 88 Stat. 2126, as amended, which is classified gen- of title 46 or greater, other than a tank vessel, that car- erally to chapter 29 (§ 1501 et seq.) of this title. For ries oil of any kind as fuel for main propulsion and complete classification of this Act to the Code, see that— Short Title note set out under section 1501 of this title ‘‘(A) is a vessel of the United States; or and Tables. ‘‘(B) operates on the navigable waters of the United The Magnuson-Stevens Fishery Conservation and States.’’ Management Act, referred to in subsec. (b)(1), (2)(A), Subsec. (j)(5)(A)(ii), (B), (F), and (G). Pub. L. 109–241, (3), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, as § 901(i)(1), substituted ‘‘nontank’’ for ‘‘non-tank’’ wher- amended, which is classified principally to chapter 38 ever appearing. (§ 1801 et seq.) of Title 16, Conservation. For complete Subsec. (j)(5)(H). Pub. L. 109–241, § 901(i)(2), amended classification of this Act to the Code, see Short Title directory language of Pub. L. 108–293, § 701(b)(9). See note set out under section 1801 of Title 16 and Tables. 2004 Amendment note below. The date of enactment of this paragraph, referred to 2004—Subsec. (a)(26). Pub. L. 108–293, § 701(a), added in subsec. (b)(2)(B), probably means the date of enact- par. (26). ment of Pub. L. 95–576, which amended subsec. (b)(2)(B) Subsec. (j)(5). Pub. L. 108–293, § 701(b)(1), inserted and which was approved Nov. 2, 1978. ‘‘, nontank vessel,’’ after ‘‘vessel’’ in heading. Subsec. (j)(5)(A). Pub. L. 108–293, § 701(b)(2), (d)(3), des- The penalty enacted in subclause (bb) of clause (iii) of ignated existing text as cl. (i), substituted ‘‘subpara- subparagraph (B) of subsection (b)(2) of section 311 of graph (C)’’ for ‘‘subparagraph (B)’’, and added cl. (ii). Public Law 92–500, referred to in subsec. (b)(2)(B), prob- Subsec. (j)(5)(B). Pub. L. 108–293, § 701(d)(2), added sub- ably means the penalty provision of subsec. par. (B). Former subpar. (B) redesignated (C). (b)(2)(B)(iii)(bb) of this section as added by Pub. L. Pub. L. 108–293, § 701(b)(3), (4), inserted ‘‘, nontank 92–500, § 2, Oct. 18, 1972, 86 Stat. 864, prior to the amend- vessels,’’ after ‘‘vessels’’ in introductory provisions, ment to subsec. (b)(2)(B) by section 1(b)(3) of Pub. L. added cl. (ii), and redesignated former cls. (ii) and (iii) 95–576. Prior to amendment, subsec. (b)(2)(B)(iii)(bb) as (iii) and (iv), respectively. read as follows: ‘‘a penalty determined by the number Subsec. (j)(5)(C). Pub. L. 108–293, § 701(d)(1), (4), redes- of units discharged multiplied by the amount estab- ignated subpar. (B) as (C) and substituted ‘‘subpara- lished for such unit under clause (iv) of this subpara- graphs (A) and (B)’’ for ‘‘subparagraph (A)’’ in introduc- graph, but such penalty shall not be more than tory provisions. Former subpar. (C) redesignated (D). $5,000,000 in the case of a discharge from a vessel and Subsec. (j)(5)(D). Pub. L. 108–293, § 701(d)(1), redesig- $500,000 in the case of a discharge from an onshore or nated subpar. (C) as (D). Former subpar (D) redesig- offshore facility.’’ nated (E). Section 4367 of the Revised Statutes of the United Pub. L. 108–293, § 701(b)(5), inserted ‘‘, nontank ves- States (46 U.S.C. App. 313), referred to in subsec. sel,’’ after ‘‘vessel’’ in introductory provisions and (b)(12)(B), was repealed by Pub. L. 103–182, title VI, added cl. (v). § 690(a)(21), Dec. 8, 1993, 107 Stat. 2223. Subsec. (j)(5)(E). Pub. L. 108–293, § 701(d)(1), redesig- Section 1443 of title 19, referred to in subsec. nated subpar. (D) as (E). Former subpar. (E) redesig- (b)(12)(C), was repealed by Pub. L. 103–182, title VI, nated (F). § 690(b)(6), Dec. 8, 1993, 107 Stat. 2223. Pub. L. 108–293, § 701(b)(6), inserted ‘‘non-tank vessel,’’ The Comprehensive Environmental Response, Com- after ‘‘vessel,’’ in two places. pensation, and Liability Act of 1980, referred to in sub- Subsec. (j)(5)(F). Pub. L. 108–293, § 701(d)(1), (5), redes- sec. (c)(4)(B)(ii), is Pub. L. 96–510, Dec. 11, 1980, 94 Stat. ignated subpar. (E) as (F) and substituted ‘‘subpara- 2767, as amended, which is classified principally to graph (E),’’ for ‘‘subparagraph (D),’’ in cl. (i). Former chapter 103 (§ 9601 et seq.) of Title 42, The Public Health subpar. (F) redesignated (G). and Welfare. For complete classification of this Act to Pub. L. 108–293, § 701(b)(7), inserted ‘‘non-tank vessel,’’ the Code, see Short Title note set out under section after ‘‘vessel,’’ and substituted ‘‘vessel, non-tank ves- 9601 of Title 42 and Tables. sel, or’’ for ‘‘vessel or’’. The Oil Pollution Act of 1990, referred to in subsecs. Subsec. (j)(5)(G). Pub. L. 108–293, § 701(d)(1), redesig- (c)(5)(B), (d)(2)(H), and (j)(5)(H), is Pub. L. 101–380, Aug. nated subpar. (F) as (G). Former subpar. (G) redesig- 18, 1990, 104 Stat. 484, which is classified principally to nated (H). chapter 40 (§ 2701 et seq.) of this title. Title I of the Act Pub. L. 108–293, § 701(b)(8), inserted ‘‘nontank vessel,’’ is classified generally to subchapter I (§ 2701 et seq.) of after ‘‘vessel,’’. chapter 40 of this title. For complete classification of Subsec. (j)(5)(H). Pub. L. 108–293, § 701(d)(1), redesig- this Act to the Code, see Short Title note set out under nated subpar. (G) as (H). Former subpar. (H) redesig- section 2701 of this title and Tables. nated (I). Par. (3) of section 1901(a) of this title, referred to in Pub. L. 108–293, § 701(b)(9), as amended by Pub. L. subsec. (j)(5)(B), was redesignated par. (4) by Pub. L. 109–241, § 901(i)(2), inserted ‘‘and nontank vessel’’ after 110–280, § 3(1), July 21, 2008, 122 Stat. 2611. ‘‘each tank vessel’’. Subsec. (j)(5)(I). Pub. L. 108–293, § 701(d)(1), redesig- CODIFICATION nated subpar. (H) as (I). Subsec. (j)(6). Pub. L. 108–293, § 701(b)(10), substituted In subsec. (b)(12)(A), ‘‘section 60105 of title 46’’ sub- ‘‘The President may require—’’ for ‘‘Not later than 2 stituted for ‘‘section 4197 of the Revised Statutes of the years after August 18, 1990, the President shall re- United States (46 App. U.S.C. 91)’’ on authority of Pub. quire—’’ in introductory provisions. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act Subsec. (j)(6)(B). Pub. L. 108–293, § 701(b)(11), inserted enacted section 60105 of Title 46, Shipping. ‘‘, and nontank vessels carrying oil of any kind as fuel AMENDMENTS for main propulsion,’’ after ‘‘cargo’’. Subsec. (j)(7). Pub. L. 108–293, § 701(b)(12), inserted 2012—Subsec. (b)(6)(A). Pub. L. 112–90, § 10(b), sub- ‘‘, nontank vessel,’’ after ‘‘vessel’’. stituted ‘‘operating, the Secretary of Transportation, 1998—Subsec. (a)(2). Pub. L. 105–383, § 411(b), sub- or’’ for ‘‘operating or’’ in concluding provisions. stituted ‘‘, (C)’’ for ‘‘and (C)’’ and inserted ‘‘, and (D) Subsec. (m)(2)(A), (B). Pub. L. 112–90, § 10(a), which di- discharges incidental to mechanical removal author- rected amendment of subpars. (A) and (B) by substitut- ized by the President under subsection (c) of this sec- ing ‘‘Administrator, the Secretary of Transportation, tion’’ before semicolon at end. or’’ for ‘‘Administrator or’’ was executed by making Subsec. (a)(8). Pub. L. 105–383, § 411(a)(1), substituted the substitution the first place appearing in each sub- ‘‘to prevent, minimize, or mitigate damage’’ for ‘‘to par., to reflect the probable intent of Congress. minimize or mitigate damage’’. § 1321 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 434

Subsec. (a)(25). Pub. L. 105–383, § 411(a)(2), added par. lic and private shorelines and beaches of the United (25). States, because of a discharge, or an imminent dis- Subsec. (c)(4)(A). Pub. L. 105–383, § 411(a)(3), inserted charge, of large quantities of oil, or of a hazardous sub- ‘‘relating to a discharge or a substantial threat of a dis- stance from a vessel the United States may (A) coordi- charge of oil or a hazardous substance’’ before period at nate and direct all public and private efforts directed end. at the removal or elimination of such threat; and (B) 1996—Subsec. (b)(1), (2)(A), (3). Pub. L. 104–208 sub- summarily remove, and, if necessary, destroy such ves- stituted ‘‘Magnuson-Stevens Fishery’’ for ‘‘Magnuson sel by whatever means are available without regard to Fishery’’ wherever appearing. any provisions of law governing the employment of per- Subsec. (c)(3)(B). Pub. L. 104–324, § 1144, inserted sonnel or the expenditure of appropriated funds. Any ‘‘, except that the owner or operator may deviate from expense incurred under this subsection or under the the applicable response plan if the President or the Intervention on the High Seas Act (or the convention Federal On-Scene Coordinator determines that devi- defined in section 2(3) thereof) shall be a cost incurred ation from the response plan would provide for a more by the United States Government for the purposes of expeditious or effective response to the spill or mitiga- subsection (f) of this section in the removal of oil or tion of its environmental effects’’ before period at end. hazardous substance.’’ Subsec. (j)(2)(A). Pub. L. 104–324, § 1143(1), inserted Subsec. (e). Pub. L. 101–380, § 4306, amended subsec. (e) ‘‘and of information regarding previous spills, includ- generally. Prior to amendment, subsec. (e) read as fol- ing data from universities, research institutions, State lows: ‘‘In addition to any other action taken by a State governments, and other nations, as appropriate, which or local government, when the President determines shall be disseminated as appropriate to response groups there is an imminent and substantial threat to the pub- and area committees, and’’ after ‘‘paragraph (4),’’. lic health or welfare of the United States, including, Subsec. (j)(4)(C)(v). Pub. L. 104–324, § 1143(2), inserted but not limited to, fish, shellfish, and wildlife and pub- ‘‘compile a list of local scientists, both inside and out- lic and private property, shorelines, and beaches within side Federal Government service, with expertise in the the United States, because of an actual or threatened environmental effects of spills of the types of oil typi- discharge of oil or hazardous substance into or upon cally transported in the area, who may be contacted to the navigable waters of the United States from an on- provide information or, where appropriate, participate shore or offshore facility, the President may require in meetings of the scientific support team convened in the United States attorney of the district in which the response to a spill, and’’ before ‘‘describe’’. threat occurs to secure such relief as may be necessary 1992—Subsec. (b)(12). Pub. L. 102–388 added par. (12). to abate such threat, and the district courts of the Subsec. (i). Pub. L. 102–572 substituted ‘‘United States United States shall have jurisdiction to grant such re- Court of Federal Claims’’ for ‘‘United States Claims lief as the public interest and the equities of the case Court’’. may require.’’ 1990—Subsec. (a)(8). Pub. L. 101–380, § 4201(b)(1)[(c)(1)], Subsec. (i). Pub. L. 101–380, § 2002(b)(1), struck out par. inserted ‘‘containment and’’ after ‘‘refers to’’. (1) designation before ‘‘In any case’’ and struck out Subsec. (a)(16). Pub. L. 101–380, § 4201(b)(2)[(c)(2)], sub- pars. (2) and (3) which read as follows: stituted semicolon for period at end. ‘‘(2) The provisions of this subsection shall not apply Subsec. (a)(17). Pub. L. 101–380, § 4201(b)(3)[(c)(3)], sub- in any case where liability is established pursuant to stituted ‘‘otherwise’’ for ‘‘Otherwise’’ and semicolon for the Outer Continental Shelf Lands Act, or the Deep- period at end. water Port Act of 1974. Subsec. (a)(18) to (24). Pub. L. 101–380, ‘‘(3) Any amount paid in accordance with a judgment § 4201(b)(4)[(c)(4)], added pars. (18) to (24). of the United States Claims Court pursuant to this sec- Subsec. (b)(4). Pub. L. 101–380, § 4204, inserted ‘‘or the tion shall be paid from the funds established pursuant environment’’ after ‘‘the public health or welfare’’. to subsection (k) of this section.’’ Subsec. (b)(5). Pub. L. 101–380, § 4301(a), inserted after Subsec. (j). Pub. L. 101–380, § 4202(a), amended head- first sentence ‘‘The Federal agency shall immediately ing, inserted heading for par. (1) and realigned its mar- notify the appropriate State agency of any State which gin, added pars. (2) to (8), and struck out former par. (2) is, or may reasonably be expected to be, affected by the which read as follows: ‘‘Any owner or operator of a ves- discharge of oil or a hazardous substance.’’, substituted sel or an onshore facility or an offshore facility and ‘‘fined in accordance with title 18, United States Code, any other person subject to any regulation issued under or imprisoned for not more than 5 years, or both’’ for paragraph (1) of this subsection who fails or refuses to ‘‘fined not more than $10,000, or imprisoned for not comply with the provisions of any such regulations, more than one year, or both’’, struck out ‘‘or informa- shall be liable to a civil penalty of not more than $5,000 tion obtained by the exploitation of such notification’’ for each such violation. This paragraph shall not apply before ‘‘shall not be used’’, and inserted ‘‘natural’’ be- to any owner or operator of any vessel from which oil fore ‘‘person in any’’. or a hazardous substance is discharged in violation of Subsec. (b)(6) to (11). Pub. L. 101–380, § 4301(b), added paragraph (3)(ii) of subsection (b) of this section unless pars. (6) to (11) and struck out former par. (6) which re- such owner, operator, or person in charge is otherwise lated to assessment of civil penalties, limited to $5,000 subject to the jurisdiction of the United States. Each for each offense, against any owner, operator, or person violation shall be a separate offense. The President in charge of any onshore or offshore facility from which may assess and compromise such penalty. No penalty oil or a hazardous substance was discharged in viola- shall be assessed until the owner, operator, or other tion of par. (3). person charged shall have been given notice and an op- Subsec. (c). Pub. L. 101–380, § 4201(a), amended subsec. portunity for a hearing on such charge. In determining (c) generally, substituting present provisions for provi- the amount of the penalty, or the amount agreed upon sions authorizing President to arrange for removal of in compromise, the gravity of the violation, and the discharge of oil or a hazardous substance into or upon demonstrated good faith of the owner, operator, or the navigable waters of the U.S., unless he determined other person charged in attempting to achieve rapid such removal would be properly conducted by owner or compliance, after notification of a violation, shall be operator of the vessel causing discharge, and directed considered by the President.’’ President to prepare and publish a National Contin- Subsec. (k). Pub. L. 101–380, § 2002(b)(2), struck out gency Plan within 60 days after October 18, 1972. subsec. (k) which authorized appropriations and supple- Subsec. (d). Pub. L. 101–380, § 4201(b), amended subsec. mental appropriations to create and maintain a revolv- (d) generally. Prior to amendment, subsec. (d) read as ing fund to carry out subsecs. (c), (d), (i), and (l) of this follows: ‘‘Whenever a marine disaster in or upon the section. navigable waters of the United States has created a Subsec. (l). Pub. L. 101–380, § 2002(b)(3), struck out substantial threat of a pollution hazard to the public after first sentence ‘‘Any moneys in the fund estab- health or welfare of the United States, including, but lished by subsection (k) of this section shall be avail- not limited to, fish, shellfish, and wildlife and the pub- able to such Federal departments, agencies, and instru- Page 435 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1321 mentalities to carry out the provisions of subsections Subsec. (b)(5). Pub. L. 95–576, § 1(b)(6), inserted ‘‘at the (c) and (i) of this section.’’ time of the discharge’’ after ‘‘otherwise subject to the Subsec. (m). Pub. L. 101–380, § 4305, amended subsec. jurisdiction of the United States’’. (m) generally. Prior to amendment, subsec. (m) read as Subsec. (b)(6)(A) to (E). Pub. L. 95–576, § 1(b)(7), des- follows: ‘‘Anyone authorized by the President to en- ignated existing provisions as subpar. (A), inserted ‘‘at force the provisions of this section may, except as to the time of the discharge’’ after ‘‘jurisdiction of the public vessels, (A) board and inspect any vessel upon United States’’, and added subpars. (B) to (E). the navigable waters of the United States or the waters 1977—Subsec. (a)(11). Pub. L. 95–217, § 58(k), inserted of the contiguous zone, (B) with or without a warrant ‘‘, and any facility of any kind which is subject to the arrest any person who violates the provisions of this jurisdiction of the United States and is located in, on, section or any regulation issued thereunder in his pres- or under any other waters,’’ after ‘‘United States’’. ence or view, and (C) execute any warrant or other Subsec. (a)(15), (16). Pub. L. 95–217, § 58(d)(1), added process issued by an officer or court of competent juris- pars. (15) and (16). diction.’’ Subsec. (b)(1). Pub. L. 95–217, § 58(a)(1), inserted ref- Subsec. (o)(2). Pub. L. 101–380, § 4202(c), inserted ‘‘, or erence to activities under the Outer Continental Shelf with respect to any removal activities related to such Lands Act or the Deepwater Port Act of 1974, or which discharge’’ after ‘‘within such State’’. may affect natural resources belonging to, appertain- Subsec. (p). Pub. L. 101–380, § 2002(b)(4), struck out ing to, or under the exclusive management authority of subsec. (p) which provided for establishment and main- the United States (including resources under the Fish- tenance of evidence of financial responsibility by ves- ery Conservation and Management Act of 1976). sels over 300 gross tons carrying oil or hazardous sub- Subsec. (b)(2)(A). Pub. L. 95–217, § 58(a)(2), inserted ref- stances. erence to activities under the Outer Continental Shelf Subsec. (s). Pub. L. 101–380, § 2002(b)(5), added subsec. Lands Act or the Deepwater Port Act of 1974, or which (s). may affect natural resources belonging to, appertain- 1987—Subsec. (a)(5). Pub. L. 100–4 substituted ‘‘the ing to, or under the exclusive management authority of Commonwealth of the Northern Mariana Islands’’ for the United States (including resources under the Fish- ‘‘the Canal Zone’’. ery Conservation and Management Act of 1976). 1982—Subsec. (i)(1), (3). Pub. L. 97–164 substituted Subsec. (b)(2)(B)(v). Pub. L. 95–217, § 57, added cl. (v). ‘‘Claims Court’’ for ‘‘Court of Claims’’. Subsec. (b)(3). Pub. L. 95–217, § 58(a)(3), (4), designated 1980—Subsec. (b)(1), (2)(A), (3). Pub. L. 96–561 sub- part of existing provisions preceding cl. (A) as cl. (i) stituted ‘‘Magnuson Fishery Conservation and Manage- and added cl. (ii), and, in cl. (A), inserted ‘‘or which ment Act’’ for ‘‘Fishery Conservation and Management may affect natural resources belonging to, appertain- Act of 1976’’. ing to, or under the exclusive management authority of Subsec. (b)(3)(A). Pub. L. 96–478 struck out ‘‘of oil’’ the United States (including resources under the Fish- after ‘‘in the case of such discharges’’ and substituted ery Conservation and Management Act of 1976)’’ after ‘‘Protocol of 1978 Relating to the International Conven- ‘‘waters of the contiguous zone’’ and struck out ‘‘arti- tion for the Prevention of Pollution from Ships, 1973’’ cle IV of’’ before ‘‘the International Convention for the for ‘‘International Convention for the Prevention of Prevention of Pollution of the Sea by Oil, 1954’’. Pollution of the Sea by Oil, 1954, as amended’’. Subsec. (c)(1). Pub. L. 96–561 substituted ‘‘Magnuson Subsec. (b)(4). Pub. L. 95–217, § 58(a)(5), struck out pro- Fishery Conservation and Management Act’’ for ‘‘Fish- visions under which, in the case of the discharge of oil ery Conservation and Management Act of 1976’’. into or upon the waters of the contiguous zone, only Subsec. (k). Pub. L. 96–483 designated existing provi- those discharges which threatened the fishery re- sions as par. (1) and added par. (2). sources of the contiguous zone or threatened to pollute 1978—Subsec. (a)(2). Pub. L. 95–576, § 1(b)(1), excluded or contribute to the pollution of the territory or the discharges described in cls. (A) to (C) from term ‘‘dis- territorial sea of the United States could be determined charge’’. to be harmful. Subsec. (a)(17). Pub. L. 95–576, § 1(b)(2), added par. (17). Subsec. (b)(5). Pub. L. 95–217, § 58(a)(6), added cls. (A), Subsec. (b)(2)(B). Pub. L. 95–576, § 1(b)(3), substituted (B), and (C) between ‘‘Any such person’’ and ‘‘who fails requirement that a study be made respecting methods, to notify’’. mechanisms, and procedures for creating incentives to Subsec. (b)(6). Pub. L. 95–217, § 58(a)(7), (8), substituted achieve higher standard of care in management and ‘‘Any owner, operator, or person in charge of any on- movement of hazardous substances, including consider- shore facility, or offshore facility’’ for ‘‘Any owner or ation of enumerated items, and a report made to Con- operator of any vessel, onshore facility, or offshore fa- gress within 18 months after Nov. 2, 1978, for provisions cility’’ in provision relating to violations of par. (3) of concerning actual removability of any designated haz- this subsection, and inserted provisions directing the ardous substance, liability during two year period com- assessment of a civil penalty of not more than $5,000 for mencing Oct. 18, 1972 based on toxicity, degradability, each offense by the Secretary of the department in and dispersal characteristics of the substance limited which the Coast Guard is operating to be assessed to $50,000 and without limitation in cases of willful neg- against any owner, operator, or person in charge of any ligence or willful misconduct, liability after such two vessel from which oil or a hazardous substance is dis- year period ranging from $500 to $5,000 based on tox- charged in violation of paragraph (3)(i) of this sub- icity, etc., or liability for penalty determined by num- section, and any owner, operator, or person in charge of ber of units discharged multiplied by amount estab- a vessel from which oil or a hazardous substance is dis- lished for the unit limited to $5,000,000 in the case of a charged in violation of paragraph (3)(ii) who is other- discharge from a vessel and to $500,000 in the case of a wise subject to the jurisdiction of the United States. discharge from onshore or offshore facility, establish- Subsec. (c)(1). Pub. L. 95–217, § 58(b), (c)(1), inserted ment by regulation of a unit of measurement based ‘‘or there is a substantial threat of such discharge,’’ upon the usual trade practice for each designated haz- after ‘‘Whenever any oil or a hazardous substance is ardous substance and establishment for such unit a discharged,’’ and ‘‘or in connection with activities fixed monetary amount ranging from $100 to $1,000 under the Outer Continental Shelf Lands Act or the based on toxicity, etc. Deepwater Port Act of 1974, or which may affect natu- Subsec. (b)(3). Pub. L. 95–576, § 1(b)(4), substituted ral resources belonging to, appertaining to, or under ‘‘such quantities as may be harmful’’ for ‘‘harmful the exclusive management authority of the United quantities’’. States (including resources under the Fishery Con- Subsec. (b)(4). Pub. L. 95–576, § 1(b)(5), struck out ‘‘, to servation and Management Act of 1976)’’ after ‘‘waters be issued as soon as possible after October 18, 1972,’’ of the contiguous zone,’’. after ‘‘regulation’’ and substituted ‘‘substances’’ for Subsec. (c)(2)(D). Pub. L. 95–217, § 58(e), substituted ‘‘substance’’ and ‘‘discharge of which may be harmful’’ ‘‘and imminent threats of such discharges to the appro- for ‘‘discharge of which, at such times, locations, cir- priate State and Federal agencies;’’ for ‘‘to the appro- cumstances, and conditions, will be harmful’’. priate Federal agency;’’. § 1321 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 436

Subsec. (d). Pub. L. 95–217, § 58(c)(2), inserted ‘‘or under section 171 of Title 28, Judiciary and Judicial under the Intervention on the High Seas Act (or the Procedure. convention defined in section 2(3) thereof)’’ after ‘‘Any EFFECTIVE DATE OF 1990 AMENDMENT expense incurred under this subsection’’. Subsec. (f)(1). Pub. L. 95–217, § 58(d)(2), substituted Amendment by Pub. L. 101–380 applicable to incidents ‘‘, in the case of an inland oil barge $125 per gross ton occurring after Aug. 18, 1990, see section 1020 of Pub. L. of such barge, or $125,000, whichever is greater, and in 101–380, set out as an Effective Date note under section the case of any other vessel, $150 per gross ton of such 2701 of this title. vessel (or, for a vessel carrying oil or hazardous sub- EFFECTIVE DATE OF 1982 AMENDMENT stances as cargo, $250,000), whichever is greater,’’ for ‘‘$100 per gross ton of such vessel or $14,000,000, which- Amendment by Pub. L. 97–164 effective Oct. 1, 1982, ever is lesser,’’. see section 402 of Pub. L. 97–164, set out as a note under Subsec. (f)(2), (3). Pub. L. 95–217, § 58(d)(5), (6), sub- section 171 of Title 28, Judiciary and Judicial Proce- stituted ‘‘$50,000,000’’ for ‘‘$8,000,000’’. dure. Subsec. (f)(4), (5). Pub. L. 95–217, § 58(g), added pars. (4) and (5). EFFECTIVE DATE OF 1980 AMENDMENTS Subsec. (g). Pub. L. 95–217, § 58(d)(3), (f), substituted Section 238(b) of Pub. L. 96–561 provided that the ‘‘, in the case of an inland oil barge $125 per gross ton amendment made by that section is effective 15 days of such barge, or $125,000, whichever is greater, and in after Dec. 22, 1980. the case of any other vessel, $150 per gross ton of such Amendment by Pub. L. 96–478 effective Oct. 2, 1983, vessel (or, for a vessel carrying oil or hazardous sub- see section 14(a) of Pub. L. 96–478, set out as an Effec- stances as cargo, $250,000), whichever is greater’’ for tive Date note under section 1901 of this title. ‘‘$100 per gross ton of such vessel or $14,000,000, which- EFFECTIVE DATE OF 1977 AMENDMENT ever is the lesser’’ in the existing provisions and in- serted provision under which, where the owner or oper- Section 58(h) of Pub. L. 95–217 provided that: ‘‘The ator of a vessel (other than an inland oil barge) carry- amendments made by paragraphs (5) and (6) of sub- ing oil or hazardous substances as cargo or an onshore section (d) of this section [amending this section] shall or offshore facility which handles or stores oil or haz- take effect 180 days after the date of enactment of the ardous substances in bulk, from which oil or a hazard- Clean Water Act of 1977 [Dec. 27, 1977].’’ ous substance is discharged in violation of subsec. (b) of TRANSFER OF FUNCTIONS this section, alleges that the discharge was caused sole- ly by an act or omission of a third party, the owner or For transfer of authorities, functions, personnel, and operator must pay to the United States Government assets of the Coast Guard, including the authorities the actual costs incurred under subsec. (c) of this sec- and functions of the Secretary of Transportation relat- tion for removal of the oil or substance and shall be en- ing thereto, to the Department of Homeland Security, titled by subrogation to all rights of the United States and for treatment of related references, see sections Government to recover the costs from the third party 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- under this subsection. rity, and the Department of Homeland Security Reor- Subsec. (i)(2). Pub. L. 95–217, § 58(m), inserted ref- ganization Plan of November 25, 2002, as modified, set erence to the Deepwater Port Act of 1974. out as a note under section 542 of Title 6. Subsec. (j)(2). Pub. L. 95–217, § 58(c)(3), inserted provi- Enforcement functions of Administrator or other offi- sion that subsec. (j)(2) shall not apply to any owner or cial of the Environmental Protection Agency under operator of any vessel from which oil or a hazardous this section relating to spill prevention, containment substance is discharged in violation of subsec. (b)(3)(ii) and countermeasure plans with respect to pre-construc- of this section unless the owner, operator, or person in tion, construction, and initial operation of transpor- charge is otherwise subject to the jurisdiction of the tation system for Canadian and Alaskan natural gas United States. were transferred to the Federal Inspector, Office of Subsec. (k). Pub. L. 95–217, § 58(l), substituted ‘‘such Federal Inspector for the Alaska Natural Gas Transpor- sums as may be necessary to maintain such fund at a tation System, until the first anniversary of the date of level of $35,000,000’’ for ‘‘not to exceed $35,000,000’’. initial operation of the Alaska Natural Gas Transpor- Subsec. (p)(1). Pub. L. 95–217, § 58(d)(4), substituted tation System, see Reorg. Plan No. 1 of 1979, §§ 102(a), ‘‘, in the case of an inland oil barge $125 per gross ton 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective of such barge, or $125,000, whichever is greater, and in July 1, 1979, set out in the Appendix to Title 5, Govern- the case of any other vessel, $150 per gross ton of such ment Organization and Employees. Office of Federal In- vessel (or, for a vessel carrying oil or hazardous sub- spector for the Alaska Natural Gas Transportation Sys- stances as cargo, $250,000), whichever is greater,’’ for tem abolished and functions and authority vested in In- ‘‘$100 per gross ton, or $14,000,000 whichever is the less- spector transferred to Secretary of Energy by section er,’’. 3012(b) of Pub. L. 102–486, set out as an Abolition of Of- Subsecs. (q), (r). Pub. L. 95–217, § 58(i), added subsecs. fice of Federal Inspector note under section 719e of (q) and (r). Title 15, Commerce and Trade. Functions and authority 1973—Subsec. (f). Pub. L. 93–207, § 1(4)(A), (B), sub- vested in Secretary of Energy subsequently transferred stituted ‘‘(b)(3)’’ for ‘‘(b)(2)’’ wherever appearing in to Federal Coordinator for Alaska Natural Gas Trans- pars. (1) to (3), and substituted ‘‘Administrator’’ for portation Projects by section 720d(f) of Title 15. ‘‘Secretary’’ in last sentence of par. (2). Subsecs. (g), (i). Pub. L. 93–207, § 1(4)(C), substituted DELEGATION OF FUNCTIONS ‘‘(b)(3)’’ for ‘‘(b)(2)’’ wherever appearing. For delegation of certain functions of President under this section, see Ex. Ord. No. 12580, Jan. 23, 1987, EFFECTIVE DATE OF 2006 AMENDMENT 52 F.R. 2923, as amended, set out as a note under section Pub. L. 109–241, title IX, § 901(i)(2), July 11, 2006, 120 9615 of Title 42, The Public Health and Welfare. Stat. 564, provided in part that the amendment made by section 901(i)(2) is effective Aug. 9, 2004. TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS EFFECTIVE DATE OF 1996 AMENDMENT For termination of Trust Territory of the Pacific Is- Section 101(a) [title II, § 211(b)] of div. A of Pub. L. lands, see note set out preceding section 1681 of Title 104–208 provided that the amendment made by that sec- 48, Territories and Insular Possessions. tion is effective 15 days after Oct. 11, 1996. TERMINATION OF UNITED STATES DISTRICT COURT FOR EFFECTIVE DATE OF 1992 AMENDMENT THE DISTRICT OF THE CANAL ZONE Amendment by Pub. L. 102–572 effective Oct. 29, 1992, For termination of the United States District Court see section 911 of Pub. L. 102–572, set out as a note for the District of the Canal Zone at end of the ‘‘transi- Page 437 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1321 tion period’’, being the 30-month period beginning Oct. ‘‘(2) the term ‘incidental take’ has the meaning 1, 1979, and ending midnight Mar. 31, 1982, see Para- given that term in the Inter-Agency Memorandum; graph 5 of Article XI of the Panama Canal Treaty of ‘‘(3) the term ‘Inter-Agency Memorandum’ means 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96–70, the Inter-Agency Memorandum of Agreement Re- title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to garding Oil Spill Planning and Response Activities sections 3831 and 3841 to 3843, respectively, of Title 22, under the Federal Water Pollution Control Act’s Na- Foreign Relations and Intercourse. tional Oil and Hazardous Substances Pollution Con- tingency Plan and the Endangered Species Act [of RULEMAKINGS 1973, 16 U.S.C. 1531 et seq.], effective on July 22, 2001; Pub. L. 111–281, title VII, § 701(a), (b), Oct. 15, 2010, 124 ‘‘(4) the terms ‘National Contingency Plan’, ‘re- Stat. 2980, provided that: moval’, and ‘responsible party’ have the meanings ‘‘(a) STATUS REPORT.— given those terms under section 1001 of the Oil Pollu- ‘‘(1) IN GENERAL.—Not later than 90 days after the tion Act of 1990 (33 U.S.C. 2701); and date of enactment of this Act [Oct. 15, 2010], the Sec- ‘‘(5) the term ‘private responder’ means a non- retary of the department in which the Coast Guard is governmental entity or individual that is carrying operating shall provide a report to the Senate Com- out an oil spill removal activity at the direction of a mittee on Commerce, Science, and Transportation Federal agency or a responsible party.’’ and the House of Representatives Committee on Transportation and Infrastructure on the status of all OIL SPILL LIABILITY UNDER OIL POLLUTION ACT OF Coast Guard rulemakings required or otherwise being 1990 developed (but for which no final rule has been issued Section 2002(a) of Pub. L. 101–380 provided that: ‘‘Sub- as of the date of enactment of this Act) under section sections (f), (g), (h), and (i) of section 311 of the Federal 311 of the Federal Water Pollution Control Act (33 Water Pollution Control Act (33 U.S.C. 1321) shall not U.S.C. 1321). apply with respect to any incident for which liability is ‘‘(2) INFORMATION REQUIRED.—The Secretary shall established under section 1002 of this Act [33 U.S.C. include in the report required in paragraph (1)— 2702].’’ ‘‘(A) a detailed explanation with respect to each such rulemaking as to— TRANSFER OF MONEYS TO OIL SPILL LIABILITY TRUST ‘‘(i) what steps have been completed; FUND ‘‘(ii) what areas remain to be addressed; and ‘‘(iii) the cause of any delays; and Section 2002(b)(2) of Pub. L. 101–380 provided that: ‘‘(B) the date by which a final rule may reason- ‘‘Subsection (k) [of this section] is repealed. Any ably be expected to be issued. amounts remaining in the revolving fund established ‘‘(b) FINAL RULES.—The Secretary shall issue a final under that subsection shall be deposited in the [Oil rule in each pending rulemaking described in sub- Spill Liability Trust] Fund. The Fund shall assume all section (a) as soon as practicable, but in no event later liability incurred by the revolving fund established than 18 months after the date of enactment of this under that subsection.’’ Act.’’ REVISION OF NATIONAL CONTINGENCY PLAN IMPLEMENTATION DATE FOR VESSEL RESPONSE PLANS Section 4201(c)[(d)] of Pub. L. 101–380 provided that: FOR NONTANK VESSELS ‘‘Not later than one year after the date of the enact- Pub. L. 108–293, title VII, § 701(c), Aug. 9, 2004, 118 ment of this Act [Aug. 18, 1990], the President shall re- Stat. 1068, provided that: ‘‘No later than one year after vise and republish the National Contingency Plan pre- the date of enactment of this Act [Aug. 9, 2004], the pared under section 311(c)(2) of the Federal Water Pol- owner or operator of a nontank vessel (as defined [sic] lution Control Act [33 U.S.C. 1321(c)(2)] (as in effect im- section 311(j)(9) [311(a)(26)] of the Federal Water Pollu- mediately before the date of the enactment of this Act) tion Control Act (33 U.S.C. 1321(j)(9) [1321(a)(26)], as to implement the amendments made by this section amended by this section) shall prepare and submit a and section 4202 [amending this section].’’ vessel response plan for such vessel.’’ [For delegation of functions of President under sec- tion 4201(c) of Pub. L. 101–380, set out above, see Ex. REPORT ON OIL SPILL RESPONDER IMMUNITY Ord. No. 12580, Jan. 23, 1987, 52 F.R. 2923, as amended, Pub. L. 107–295, title IV, § 440, Nov. 25, 2002, 116 Stat. set out as a note under section 9615 of Title 42, The 2130, provided that: Public Health and Welfare.] ‘‘(a) REPORT TO CONGRESS.—Not later than January 1, 2004, the Secretary of the department in which the IMPLEMENTATION OF NATIONAL PLANNING AND Coast Guard is operating, jointly with the Secretary of RESPONSE SYSTEM Commerce and the Secretary of the Interior, and after Section 4202(b) of Pub. L. 101–380 provided that: consultation with the Administrator of the Environ- ‘‘(1) AREA COMMITTEES AND CONTINGENCY PLANS.—(A) mental Protection Agency and the Attorney General, Not later than 6 months after the date of the enact- shall submit a report to the Committee on Commerce, ment of this Act [Aug. 18, 1990], the President shall des- Science, and Transportation of the Senate and the ignate the areas for which Area Committees are estab- Committee on Transportation and Infrastructure of the lished under section 311(j)(4) of the Federal Water Pol- House of Representatives on the immunity from crimi- lution Control Act [33 U.S.C. 1321(j)(4)], as amended by nal and civil penalties provided under existing law of a this Act. In designating such areas, the President shall private responder (other than a responsible party) in ensure that all navigable waters, adjoining shorelines, the case of the incidental take of federally listed fish and waters of the exclusive economic zone are subject or wildlife that results from, but is not the purpose of, to an Area Contingency Plan under that section. carrying out an otherwise lawful activity conducted by ‘‘(B) Not later than 18 months after the date of the that responder during an oil spill removal activity enactment of this Act, each Area Committee estab- where the responder was acting in a manner consistent lished under that section shall submit to the President with the National Contingency Plan or as otherwise di- the Area Contingency Plan required under that section. rected by the Federal On-Scene Coordinator for the ‘‘(C) Not later than 24 months after the date of the spill, and on the circumstances under which such pen- enactment of this Act, the President shall— alties have been or could be imposed on a private re- ‘‘(i) promptly review each plan; sponder. The report shall take into consideration the ‘‘(ii) require amendments to any plan that does not procedures under the Inter-Agency Memorandum for meet the requirements of section 311(j)(4) of the Fed- addressing incidental takes. eral Water Pollution Control Act; and ‘‘(b) DEFINITIONS.—In this section— ‘‘(iii) approve each plan that meets the require- ‘‘(1) the term ‘Federal On-Scene Coordinator’ has ments of that section. the meaning given that term in section 311 of the ‘‘(2) NATIONAL RESPONSE UNIT.—Not later than one Federal Water Pollution Control Act (33 U.S.C. 1321); year after the date of the enactment of this Act, the § 1321 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 438

Secretary of the department in which the Coast Guard By the authority vested in me as President by the is operating shall establish a National Response Unit in Constitution and the laws of the United States of accordance with section 311(j)(2) of the Federal Water America, including Section 311 of the Federal Water Pollution Control Act, as amended by this Act. Pollution Control Act, (‘‘FWPCA’’) (33 U.S.C. 1321), as ‘‘(3) COAST GUARD DISTRICT RESPONSE GROUPS.—Not amended by the Oil Pollution Act of 1990 (Public Law later than 1 year after the date of the enactment of this 101–380) (‘‘OPA’’), and by Section 301 of Title 3 of the Act, the Secretary of the department in which the United States Code, it is hereby ordered as follows: Coast Guard is operating shall establish Coast Guard SECTION 1. National Contingency Plan, Area Committees, District Response Groups in accordance with section and Area Contingency Plans. (a) Section 1 of Executive 311(j)(3) of the Federal Water Pollution Control Act, as Order No. 12580 of January 23, 1987 [42 U.S.C. 9615 note], amended by this Act. is amended to read as follows: ‘‘(4) TANK VESSEL AND FACILITY RESPONSE PLANS; ‘‘SECTION 1. National Contingency Plan. (a)(1) The Na- TRANSITION PROVISION; EFFECTIVE DATE OF PROHIBI- tional Contingency Plan (‘‘the NCP’’), shall provide for TION.—(A) Not later than 24 months after the date of a National Response Team (‘‘the NRT’’) composed of the enactment of this Act, the President shall issue representatives of appropriate Federal departments and regulations for tank vessel and facility response plans agencies for national planning and coordination of pre- under section 311(j)(5) of the Federal Water Pollution paredness and response actions, and Regional Response Control Act, as amended by this Act. ‘‘(B) During the period beginning 30 months after the Teams as the regional counterparts to the NRT for date of the enactment of this paragraph [Aug. 18, 1990] planning and coordination of regional preparedness and and ending 36 months after that date of enactment, a response actions. tank vessel or facility for which a response plan is re- ‘‘(2) The following agencies (in addition to other ap- quired to be prepared under section 311(j)(5) of the Fed- propriate agencies) shall provide representatives to the eral Water Pollution Control Act, as amended by this National and Regional Response Teams to carry out Act, may not handle, store, or transport oil unless the their responsibilities under the NCP: Department of owner or operator thereof has submitted such a plan to State, Department of Defense, Department of Justice, the President. Department of the Interior, Department of Agriculture, ‘‘(C) Subparagraph (E) of section 311(j)(5) of the Fed- Department of Commerce, Department of Labor, De- eral Water Pollution Control Act, as amended by this partment of Health and Human Services, Department Act, shall take effect 36 months after the date of the of Transportation, Department of Energy, Environ- enactment of this Act.’’ mental Protection Agency, Federal Emergency Man- agement Agency, United States Coast Guard, and the DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL Nuclear Regulatory Commission. LIABILITY TRUST FUND ‘‘(3) Except for periods of activation because of re- Penalties paid pursuant to this section and sections sponse action, the representative of the Environmental 1319(c) and 1501 et seq. of this title to be deposited in Protection Agency (‘‘EPA’’) shall be the chairman, and the Oil Spill Liability Trust Fund created under sec- the representative of the United States Coast Guard tion 9509 of Title 26, Internal Revenue Code, see section shall be the vice chairman, of the NRT and these agen- 4304 of Pub. L. 101–380, set out as a note under section cies’ representatives shall be co-chairs of the Regional 9509 of Title 26. Response Teams (‘‘the RRTs’’). When the NRT or an RRT is activated for a response action, the EPA rep- ALLOWABLE DELAY IN ESTABLISHING FINANCIAL RE- resentative shall be the chairman when the release or SPONSIBILITY FOR INCREASE IN AMOUNTS UNDER 1977 threatened release or discharge or threatened discharge AMENDMENT occurs in the inland zone, and the United States Coast Section 58(j) of Pub. L. 95–217 provided that: ‘‘No ves- Guard representative shall be the chairman when the sel subject to the increased amounts which result from release or threatened release or discharge or threat- the amendments made by subsections (d)(2), (d)(3), and ened discharge occurs in the coastal zone, unless other- (d)(4) of this section [amending this section] shall be re- wise agreed upon by the EPA and the United States quired to establish any evidence of financial respon- Coast Guard representatives (inland and coastal zones sibility under section 311(p) of the Federal Water Pollu- are defined in the NCP). tion Control Act [subsec. (p) of this section] for such in- ‘‘(4) The RRTs may include representatives from creased amounts before October 1, 1978.’’ State governments, local governments (as agreed upon by the States), and Indian tribal governments. Subject TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED to the functions and authorities delegated to Executive STATES departments and agencies in other sections of this For extension of territorial sea and contiguous zone order, the NRT shall provide policy and program direc- of United States, see Proc. No. 5928 and Proc. No. 7219, tion to the RRTs. respectively, set out as notes under section 1331 of Title ‘‘(b)(1) The responsibility for the revision of the NCP 43, Public Lands. and all the other functions vested in the President by Sections 105(a), (b), (c), and (g), 125, and 301(f) of the EXECUTIVE ORDER NO. 11735 Act, by Section 311(d)(1) of the Federal Water Pollution Ex. Ord. No. 11735, Aug. 3, 1973, 38 F.R. 21243, as Control Act, and by Section 4201(c) of the Oil Pollution amended by Ex. Ord. No. 12418, May 5, 1983, 48 F.R. Act of 1990 is delegated to the Administrator of the En- 20891, which assigned functions of the President regard- vironmental Protection Agency (‘‘the Administrator’’). ing water pollution, was revoked by Ex. Ord. No. 12777, ‘‘(2) The function vested in the President by Section § 8(i), Oct. 18, 1991, 56 F.R. 54769, set out below. 118(p) of the Superfund Amendments and Reauthoriza- tion Act of 1986 (Pub. L. 99–499) (‘‘SARA’’) is delegated EXECUTIVE ORDER NO. 12418 to the Administrator. Ex. Ord. No. 12418, May 5, 1983, 48 F.R. 20891, which ‘‘(c) In accord with Section 107(f)(2)(A) of the Act, transferred certain functions relating to the financial Section 311(f)(5) of the Federal Water Pollution Control responsibility of vessels for water pollution and estab- Act, as amended (33 U.S.C. 1321(f)(5)), and Section lished authority of Federal agencies to respond to dis- 1006(b)(1) and (2) of the Oil Pollution Act of 1990, the charges or substantial threats of discharges of oil and following shall be among those designated in the NCP hazardous substances, was revoked by Ex. Ord. No. as Federal trustees for natural resources: 12777, § 8(i), Oct. 18, 1991, 56 F.R. 54769, set out below. [‘‘](1) Secretary of Defense; [‘‘](2) Secretary of the Interior; EX. ORD. NO. 12777. IMPLEMENTATION OF THIS SECTION [‘‘](3) Secretary of Agriculture; AND OIL POLLUTION ACT OF 1990 [‘‘](4) Secretary of Commerce; Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54757, as [‘‘](5) Secretary of Energy. amended by Ex. Ord. No. 13286, § 34, Feb. 28, 2003, 68 F.R. [‘‘]In the event of a spill, the above named Federal 10625, provided: trustees for natural resources shall designate one trust- Page 439 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1321 ee to act as Lead Administrative Trustee, the duties of (2) The functions vested in the President by Section which shall be defined in the regulations promulgated 311(j)(5) of FWPCA and Section 4202(b)(4) of OPA, re- pursuant to Section 1006(e)(1) of OPA. If there are natu- specting the issuance of regulations requiring the own- ral resource trustees other than those designated above ers or operators of tank vessels, transportation-related which are acting in the event of a spill, those other onshore facilities and deepwater ports subject to the trustees may join with the Federal trustees to name a DPA, to prepare and submit response plans, the ap- Lead Administrative Trustee which shall exercise the proval of means to ensure the availability of private duties defined in the regulations promulgated pursuant personnel and equipment, the review and approval of to Section 1006(e)(1) of OPA. such response plans, and the authorization of tank ves- ‘‘(d) Revisions to the NCP shall be made in consulta- sels, transportation-related onshore facilities and deep- tion with members of the NRT prior to publication for water ports subject to the DPA to operate without ap- notice and comment. proved response plans, are delegated to the Secretary of ‘‘(e) All revisions to the NCP, whether in proposed or Transportation and the Secretary of the Department in final form, shall be subject to review and approval by which the Coast Guard is operating. the Director of the Office of Management and Budget (3) The functions vested in the President by Section (‘‘OMB’’).’’ 311(j)(5) of FWPCA and Section 4202(b)(4) of OPA, re- (b) The functions vested in the President by Section specting the issuance of regulations requiring the own- 311(j)(4) of FWPCA, and Section 4202(b)(1) of OPA [set ers or operators of offshore facilities, including associ- out as a note above], respecting the designation of ated pipelines, other than deepwater ports subject to Areas, the appointment of Area Committee members, the DPA, to prepare and submit response plans, the ap- the requiring of information to be included in Area proval of means to ensure the availability of private Contingency Plans, and the review and approval of personnel and equipment, the review and approval of Area Contingency Plans are delegated to the Adminis- such response plans, and the authorization of offshore trator of the Environmental Protection Agency (‘‘Ad- facilities, including associated pipelines, other than ministrator’’) for the inland zone and the Secretary of deepwater ports subject to the DPA, to operate without the Department in which the Coast Guard is operating approved response plans, are delegated to the Secretary for the coastal zone (inland and coastal zones are de- of the Interior. fined in the NCP). (e)(1) The functions vested in the President by Sec- SEC. 2. National Response System. (a) The functions tion 311(j)(6)(A) of FWPCA, respecting the requirements vested in the President by Section 311(j)(1)(A) of for periodic inspections of containment booms and FWPCA, respecting the establishment of methods and equipment used to remove discharges at non-transpor- procedures for the removal of discharged oil and haz- tation-related onshore facilities, are delegated to the ardous substances, and by Section 311(j)(1)(B) of Administrator. FWPCA respecting the establishment of criteria for the (2) The functions vested in the President by Section development and implementation of local and regional 311(j)(6)(A) of FWPCA, respecting the requirements for oil and hazardous substance removal contingency periodic inspections of containment booms and equip- plans, are delegated to the Administrator for the inland ment used to remove discharges on vessels, and at zone and the Secretary of the Department in which the transportation-related onshore facilities and deepwater Coast Guard is operating for the coastal zone. ports subject to the DPA, are delegated to the Sec- (b)(1) The functions vested in the President by Sec- retary of the Department in which the Coast Guard is tion 311(j)(1)(C) of FWPCA, respecting the establish- operating. ment of procedures, methods, and equipment and other (3) The functions vested in the President by Section requirements for equipment to prevent and to contain 311(j)(6)(A) of FWPCA, respecting the requirements for discharges of oil and hazardous substances from non- periodic inspections of containment booms and equip- transportation-related onshore facilities, are delegated ment used to remove discharges at offshore facilities, to the Administrator. including associated pipelines, other than deepwater (2) The functions vested in the President by Section ports subject to the DPA, are delegated to the Sec- 311(j)(1)(C) of FWPCA, respecting the establishment of retary of the Interior. procedures, methods, and equipment and other require- (f) The functions vested in the President by Section ments for equipment to prevent and to contain dis- 311(j)(6)(B) of FWPCA, respecting requirements for ves- charges of oil and hazardous substances from vessels sels to carry appropriate removal equipment, are dele- and transportation-related onshore facilities and deep- gated to the Secretary of the Department in which the water ports subject to the Deepwater Ports [Port] Act Coast Guard is operating. of 1974 (‘‘DPA’’) [33 U.S.C. 1501 et seq.], are delegated to (g)(1) The functions vested in the President by Sec- the Secretary of Transportation and the Secretary of tion 311(j)(7) of FWPCA, respecting periodic drills of re- the Department in which the Coast Guard is operating. moval capability under relevant response plans for on- (3) The functions vested in the President by Section shore and offshore facilities located in the inland zone, 311(j)(1)(C) of FWPCA, respecting the establishment of and the publishing of annual reports on those drills, are procedures, methods, and equipment and other require- delegated to the Administrator. ments for equipment to prevent and to contain dis- (2) The functions vested in the President by Section charges of oil and hazardous substances from offshore 311(j)(7) of FWPCA, respecting periodic drills of re- facilities, including associated pipelines, other than moval capability under relevant response plans for deepwater ports subject to the DPA, are delegated to tank vessels, and for onshore and offshore facilities lo- the Secretary of the Interior. cated in the coastal zone, and the publishing of annual (c) The functions vested in the President by Section reports on those drills, are delegated to the Secretary 311(j)(1)(D) of FWPCA, respecting the inspection of ves- of the Department in which the Coast Guard is operat- sels carrying cargoes of oil and hazardous substances ing. and the inspection of such cargoes, are delegated to the (h) No provision of Section 2 of this order, including, Secretary of the Department in which the Coast Guard but not limited to, any delegation or assignment of any is operating. function hereunder, shall in any way affect, or be con- (d)(1) The functions vested in the President by Sec- strued or interpreted to affect the authority of any De- tion 311(j)(5) of FWPCA and Section 4202(b)(4) of OPA partment or agency, or the head of any Department or [set out as a note above], respecting the issuance of agency under any provision of law other than Section regulations requiring the owners or operators of non- 311(j) of FWPCA or Section 4202(b)(4) of OPA. transportation-related onshore facilities to prepare and (i) The functions vested in the President by Section submit response plans, the approval of means to ensure 311(j) of FWPCA or Section 4202(b)(4) of OPA which the availability of private personnel and equipment, have been delegated or assigned by Section 2 of this the review and approval of such response plans, and the order may be redelegated to the head of any Executive authorization of non-transportation-related onshore fa- department or agency with his or her consent. cilities to operate without approved response plans, are SEC. 3. Removal. The functions vested in the President delegated to the Administrator. by Section 311(c) of FWPCA and Section 1011 of OPA [33 § 1321 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 440

U.S.C. 2711], respecting an effective and immediate re- (3) The functions vested in the President by Section moval or arrangement for removal of a discharge and 4303 of OPA, respecting (in cases involving deepwater mitigation or prevention of a substantial threat of a ports) the assessment of civil penalties, the compromis- discharge of oil or a hazardous substance, the direction ing, modification or remission, with or without condi- and monitoring of all Federal, State and private ac- tion, and the referral for collection of such imposed tions, the removal and destruction of a vessel, the issu- penalties, and requests to the Attorney General to se- ance of directions, consulting with affected trustees, cure necessary judicial relief, are delegated to the Sec- and removal completion determinations, are delegated retary of the Department in which the Coast Guard is to the Administrator for the inland zone and to the operating. Secretary of the Department in which the Coast Guard SEC. 6. Enforcement. (a) The functions vested in the is operating for the coastal zone. President by Section 311(m)(1) of FWPCA, respecting SEC. 4. Liability Limit Adjustment. (a) The functions the enforcement of Section 311 with respect to vessels, vested in the President by Section 1004(d) of OPA [33 are delegated to the Secretary of the Department in U.S.C. 2704(d)], respecting the establishment of limits which the Coast Guard is operating. of liability, with respect to classes or categories of non- (b) The functions vested in the President by Section transportation-related onshore facilities, the reporting 311(e) of FWPCA, respecting determinations of immi- to Congress on the desirability of adjusting limits of li- nent and substantial threat, requesting the Attorney ability with respect to non-transportation-related on- General to secure judicial relief, and other action in- shore facilities, and the adjustment of limits of liabil- cluding issuing administrative orders, are delegated to ity to reflect significant increases in the Consumer the Administrator for the inland zone and to the Sec- Price Index with respect to non-transportation-related retary of the Department in which the Coast Guard is onshore facilities, are delegated to the Administrator, operating for the coastal zone. acting in consultation with the Secretary of Transpor- SEC. 7. Management of the Oil Spill Liability Trust Fund tation, the Secretary of Energy, and the Attorney Gen- and Claims. (a)(1)(A) The functions vested in the Presi- eral. dent by Section 1012(a)(1), (3), and (4) of OPA [33 U.S.C. (b) The functions vested in the President by Section 2712(a)(1), (3), (4)] respecting payment of removal costs 1004(d) of OPA, respecting the establishment of limits and claims and determining consistency with the Na- of liability, with respect to classes or categories of tional Contingency Plan (NCP) are delegated to the transportation-related onshore facilities, the reporting Secretary of the Department in which the Coast Guard to Congress on the desirability of adjusting limits of li- is operating. ability, with respect to vessels or transportation-relat- (B) The functions vested in the President by Section ed onshore facilities and deepwater ports subject to the 6002(b) of the OPA [33 U.S.C. 2752(b)] respecting making DPA, and the adjustment of limits of liability to re- amounts, not to exceed $50,000,000 and subject to nor- flect significant increases in the Consumer Price Index mal budget controls, in any fiscal year, available from with respect to vessels or transportation-related on- the Fund (i) to carry out Section 311(c) of FWPCA, and shore facilities and deepwater ports subject to the (ii) to initiate the assessment of natural resources DPA, are delegated to the Secretary of Transportation. damages required under Section 1006 of OPA [33 U.S.C. (c) The functions vested in the President by Section 2706] are delegated to the Secretary of the Department 1004(d) of OPA, respecting the reporting to Congress on in which the Coast Guard is operating. Such Secretary the desirability of adjusting limits of liability with re- shall make amounts available from the Fund to initi- spect to offshore facilities, including associated pipe- ate the assessment of natural resources damages exclu- lines, other than deepwater ports subject to the DPA, sively to the Federal trustees designated in the NCP. and the adjustment of limits of liability to reflect sig- Such Federal trustees shall allocate such amounts nificant increases in the Consumer Price Index with re- among all trustees required to assess natural resources spect to offshore facilities, including associated pipe- damages under Section 1006 of OPA. lines, other than deepwater ports subject to the DPA, (2) The functions vested in the President by Section are delegated to the Secretary of the Interior. 1012(a)(2) of OPA [33 U.S.C. 2712(a)(2)], respecting the SEC. 5. Financial Responsibility. (a)(1) The functions vested in the President by Section 1016(e) of OPA [33 payment of costs and determining consistency with the U.S.C. 2716(e)], respecting (in the case of offshore facili- NCP, are delegated to the Federal trustees designated ties other than deepwater ports) the issuance of regula- in the NCP. tions concerning financial responsibility, the deter- (3) The functions vested in the President by Section mination of acceptable methods of financial respon- 1012(a)(5) of OPA, respecting the payment of costs and sibility, and the specification of necessary or unaccept- expenses of departments and agencies having respon- able terms, conditions, or defenses, are delegated to the sibility for the implementation, administration, and Secretary of the Interior. enforcement of the Oil Pollution Act of 1990 and sub- (2) The functions vested in the President by Section sections (b), (c), (d), (j) and (l) of Section 311 of FWPCA, 1016(e) of OPA, respecting (in the case of deepwater are delegated to each head of such department and ports) the issuance of regulations concerning financial agency. responsibility, the determination of acceptable meth- (b) The functions vested in the President by Section ods of financial responsibility, and the specification of 1012(c) of OPA, respecting designation of Federal offi- necessary or unacceptable terms, conditions, or de- cials who may obligate money, are delegated to each fenses, are delegated to the Secretary of the Depart- head of the departments and agencies to whom func- ment in which the Coast Guard is operating. tions have been delegated under section 7(a) of this (b)(1) The functions vested in the President by Sec- order for the purpose of carrying out such functions. tion 4303 of OPA [33 U.S.C. 2716a], respecting (in cases (c)(1) The functions vested in the President by Sec- involving vessels) the assessment of civil penalties, the tion 1012(d) and (e) of OPA, respecting the obligation of compromising, modification or remission, with or with- the Trust Fund on the request of a Governor or pursu- out condition, and the referral for collection of such ant to an agreement with a State, entrance into agree- imposed penalties, and requests to the Attorney Gen- ments with States, agreement upon terms and condi- eral to secure necessary judicial relief, are delegated to tions, and the promulgation of regulations concerning the Secretary of the Department in which the Coast such obligation and entrance into such agreement, are Guard is operating. delegated to the Secretary of the Department in which (2) The functions vested in the President by Section the Coast Guard is operating, in consultation with the 4303 of OPA, respecting (in cases involving offshore fa- Administrator. cilities other than deepwater ports) the assessment of (2) The functions vested in the President by Section civil penalties, the compromising, modification or re- 1013(e) of OPA [33 U.S.C. 2713(e)], respecting the promul- mission, with or without condition, and the referral for gation and amendment of regulations for the presen- collection of such imposed penalties, and requests to tation, filing, processing, settlement, and adjudication the Attorney General to secure necessary judicial re- of claims under OPA against the Trust Fund, are dele- lief, are delegated to the Secretary of the Interior. gated to the Secretary of the Department in which the Page 441 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1321a

Coast Guard is operating, in consultation with the At- ject to consultation with the Secretaries of depart- torney General. ments and the heads of agencies with statutory respon- (3) The functions vested in the President by Section sibilities which may be significantly affected, includ- 1012(a) of OPA, respecting the payment of costs, dam- ing, but not limited to, the Department of Justice. ages, and claims, delegated herein to the Secretary of SEC. 10. Litigation. (a) Notwithstanding any other pro- the Department in which the Coast Guard is operating, vision of this order, any representation pursuant to or include, inter alia, the authority to process, settle, and under this order in any judicial proceedings shall be by administratively adjudicate such costs, damages, and or through the Attorney General. The conduct and con- claims, regardless of amount. trol of all litigation arising under the Oil Pollution Act (d)(1) The Coast Guard is designated the ‘‘appropriate of 1990 [see Short Title note set out under section 2701 agency’’ for the purpose of receiving the notice of dis- of this title] shall be the responsibility of the Attorney charge of oil or hazardous substances required by Sec- General. tion 311(b)(5) of FWPCA, and the Secretary of the De- (b) Notwithstanding any other provision of this order, partment in which the Coast Guard is operating is au- the authority under the Oil Pollution Act of 1990 to re- thorized to issue regulations implementing this des- quire the Attorney General to commence litigation is ignation. retained by the President. (2) The functions vested in the President by Section (c) Notwithstanding any other provision of this order, 1014 of OPA [33 U.S.C. 2714], respecting designation of the Secretaries of the Departments of Transportation, sources of discharges or threats, notification to respon- Commerce, Interior, Agriculture, the Secretary of the sible parties, promulgation of regulations respecting Department in which the Coast Guard is operating, advertisements, the advertisement of designation, and and/or the Administrator of the Environmental Protec- notification of claims procedures, are delegated to the tion Agency may request that the Attorney General Secretary of the Department in which the Coast Guard commence litigation under the Oil Pollution Act of is operating. 1990. SEC. 8. Miscellaneous. (a) The functions vested in the (d) The Attorney General, in his discretion, is author- President by Section 311(b)(3) and (4) of FWPCA, as ized to require that, with respect to a particular oil amended by the Oil Pollution Act of 1990, respecting spill, an agency refrain from taking administrative en- the determination of quantities of oil and any hazard- forcement action without first consulting with the At- ous substances the discharge of which may be harmful torney General. to the public health or welfare or the environment and the determinations of quantities, time, locations, cir- § 1321a. Prevention of small oil spills cumstances, or conditions, which are not harmful, are (a) Prevention and education program delegated to the Administrator. (b) The functions vested in the President by Section The Under Secretary of Commerce for Oceans 311(d)(2)(G) of FWPCA, respecting schedules of dispers- and Atmosphere, in consultation with the Sec- ant, chemical, and other spill mitigating devices or retary of the Department in which the Coast substances, are delegated to the Administrator. Guard is operating and other appropriate agen- (c) The functions vested in the President by Section cies, shall establish an oil spill prevention and 1006(b)(3) and (4) of OPA [33 U.S.C. 2706(b)(3), (4)] re- education program for small vessels. The pro- specting the receipt of designations of State and Indian gram shall provide for assessment, outreach, tribe trustees for natural resources are delegated to the Administrator. and training and voluntary compliance activi- (d) The function vested in the President by Section ties to prevent and improve the effective re- 3004 of OPA [104 Stat. 508], with respect to encouraging sponse to oil spills from vessels and facilities the development of an international inventory of not required to prepare a vessel response plan equipment and personnel, is delegated to the Secretary under the Federal Water Pollution Control Act of the Department in which the Coast Guard is operat- (33 U.S.C. 1251 et seq.), including recreational ing, in consultation with the Secretary of State. vessels, commercial fishing vessels, marinas, (e) The functions vested in the President by Section 4113 of OPA [104 Stat. 516], respecting a study on the and aquaculture facilities. The Under Secretary use of liners or other secondary means of containment may provide grants to sea grant colleges and in- for onshore facilities, and the implementation of the stitutes designated under section 1126 of this recommendations of the study, are delegated to the Ad- title and to State agencies, tribal governments, ministrator. and other appropriate entities to carry out— (f) The function vested in the President by Section (1) regional assessments to quantify the 5002(c)(2)(D) of OPA [33 U.S.C. 2732(c)(2)(D)], respecting source, incidence and volume of small oil the designating of an employee of the Federal Govern- spills, focusing initially on regions in the ment who shall represent the Federal Government on the Oil Terminal Facilities and Oil Tanker Operations country where, in the past 10 years, the inci- Associations, is delegated to the Secretary of the De- dence of such spills is estimated to be the partment in which the Coast Guard is operating. highest; (g) The functions vested in the President by Section (2) voluntary, incentive-based clean marina 5002(o) of OPA, respecting the annual certification of programs that encourage marina operators, alternative voluntary advisory groups, are delegated to recreational boaters, and small commercial the Secretary of the Department in which the Coast vessel operators to engage in environmentally Guard is operating. sound operating and maintenance procedures (h) The function vested in the President by Section 7001(a)(3) of OPA [33 U.S.C. 2761(a)(3)], respecting the and best management practices to prevent or appointment of Federal agencies to membership on the reduce pollution from oil spills and other Interagency Coordinating Committee on Oil Pollution sources; Research, is delegated to the Secretary of the Depart- (3) cooperative oil spill prevention education ment in which the Coast Guard is operating. programs that promote public understanding (i) Executive Order No. 11735 of August 3, 1973, Execu- of the impacts of spilled oil and provide useful tive Order No. 12123 of February 26, 1979, Executive information and techniques to minimize pollu- Order No. 12418 of May 5, 1983 and the memorandum of tion, including methods to remove oil and re- August 24, 1990, delegating certain authorities of the President under the Oil Pollution Act of 1990 are re- duce oil contamination of bilge water, prevent voked. accidental spills during maintenance and re- SEC. 9. Consultation. Authorities and functions dele- fueling and properly cleanup and dispose of oil gated or assigned by this order shall be exercised sub- and hazardous substances; and § 1321b TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 442

(4) support for programs, including outreach ment of the tribal consultation and coordination and education to address derelict vessels and policy to provide Indian tribes grant and con- the threat of such vessels sinking and dis- tract assistance. Such memoranda of agreement charging oil and other hazardous substances, and associated protocols with Indian tribal gov- including outreach and education to involve ernments may include— efforts to the owners of such vessels. (1) arrangements for the assistance of the (b) Authorization of appropriations tribal government to participate in the devel- opment of the National Contingency Plan and There are authorized to be appropriated to the local Area Contingency Plans to the extent Under Secretary of Commerce for Oceans and they affect tribal lands, cultural and natural Atmosphere to carry out this section, $10,000,000 resources; for each of fiscal years 2010 through 2014. (2) arrangements for the assistance of the (Pub. L. 111–281, title VII, § 705, Oct. 15, 2010, 124 tribal government to develop the capacity to Stat. 2982.) implement the National Contingency Plan and local Area Contingency Plans to the extent REFERENCES IN TEXT they affect tribal lands, cultural and natural The Federal Water Pollution Control Act, referred to resources; in subsec. (a), is act June 30, 1948, ch. 758, as amended (3) provisions on coordination in the event of generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, a spill, including agreements that representa- which is classified generally to this chapter. For com- tives of the tribal government will be included plete classification of this Act to the Code, see Short as part of the regional response team co- Title note set out under section 1251 of this title and chaired by the Coast Guard and the Environ- Tables. mental Protection Agency to establish poli- CODIFICATION cies for responding to oil spills; Section was enacted as part of the Coast Guard Au- (4) arrangements for the Coast Guard to pro- thorization Act of 2010, and not as part of the Federal vide training of tribal incident commanders Water Pollution Control Act which comprises this and spill responders for oil spill preparedness chapter. and response; (5) demonstration projects to assist tribal § 1321b. Improved coordination with tribal gov- governments in building the capacity to pro- ernments tect tribal treaty rights and trust assets from (a) In general oil spills; and (6) such additional measures the Coast Within 6 months after October 15, 2010, the Guard determines to be necessary for oil pollu- Secretary of the Department in which the Coast tion prevention, preparedness, and response. Guard is operating shall complete the develop- (d) Funding for tribal participation ment of a tribal consultation policy, which rec- ognizes and protects to the maximum extent Subject to the availability of appropriations, practicable tribal treaty rights and trust assets the Commandant of the Coast Guard shall pro- in order to improve the Coast Guard’s consulta- vide assistance to participating tribal govern- tion and coordination with the tribal govern- ments in order to facilitate the implementation ments of federally recognized Indian tribes with of cooperative arrangements under subsection respect to oil spill prevention, preparedness, re- (c) and ensure the participation of tribal govern- sponse and natural resource damage assessment. ments in such arrangements. There are author- ized to be appropriated to the Commandant (b) Inclusion of tribal government $500,000 for each of fiscal years 2010 through 2014 The Secretary of the Department in which the to be used to carry out this section. Coast Guard is operating shall ensure that, as (Pub. L. 111–281, title VII, § 706, Oct. 15, 2010, 124 soon as practicable after identifying an oil spill Stat. 2983.) that is likely to have a significant impact on natural or cultural resources owned or directly CODIFICATION utilized by a federally recognized Indian tribe, Section was enacted as part of the Coast Guard Au- the Coast Guard will— thorization Act of 2010, and not as part of the Federal (1) ensure that representatives of the tribal Water Pollution Control Act which comprises this government of the affected tribes are included chapter. as part of the incident command system estab- § 1321c. International efforts on enforcement lished by the Coast Guard to respond to the spill; The Secretary of the department in which the (2) share information about the oil spill with Coast Guard is operating, in consultation with the tribal government of the affected tribe; the heads of other appropriate Federal agencies, and shall ensure that the Coast Guard pursues (3) to the extent practicable, involve tribal stronger enforcement in the International Mari- governments in deciding how to respond to the time Organization of agreements related to oil spill. discharges, including joint enforcement oper- ations, training, and stronger compliance mech- (c) Cooperative arrangements anisms. The Coast Guard may enter into memoranda (Pub. L. 111–281, title VII, § 709, Oct. 15, 2010, 124 of agreement and associated protocols with In- Stat. 2986.) dian tribal governments in order to establish co- operative arrangements for oil pollution preven- CODIFICATION tion, preparedness, and response. Such memo- Section was enacted as part of the Coast Guard Au- randa may be entered into prior to the develop- thorization Act of 2010, and not as part of the Federal Page 443 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1322

Water Pollution Control Act which comprises this or from a protective, preservative, or ab- chapter. sorptive application to the hull of the ves- § 1322. Marine sanitation devices sel; and (ii) a discharge in connection with the (a) Definitions testing, maintenance, and repair of a sys- For the purpose of this section, the term— tem described in clause (i) whenever the (1) ‘‘new vessel’’ includes every description vessel is waterborne; and of watercraft or other artificial contrivance (B) does not include— used, or capable of being used, as a means of (i) a discharge of rubbish, trash, garbage, transportation on the navigable waters, the or other such material discharged over- construction of which is initiated after pro- board; mulgation of standards and regulations under (ii) an air emission resulting from the this section; operation of a vessel propulsion system, (2) ‘‘existing vessel’’ includes every descrip- motor driven equipment, or incinerator; or tion of watercraft or other artificial contriv- (iii) a discharge that is not covered by ance used, or capable of being used, as a means part 122.3 of title 40, Code of Federal Regu- of transportation on the navigable waters, the lations (as in effect on February 10, 1996); construction of which is initiated before pro- mulgation of standards and regulations under (13) ‘‘marine pollution control device’’ this section; means any equipment or management prac- (3) ‘‘public vessel’’ means a vessel owned or tice, for installation or use on board a vessel bareboat chartered and operated by the United of the Armed Forces, that is— States, by a State or political subdivision (A) designed to receive, retain, treat, con- thereof, or by a foreign nation, except when trol, or discharge a discharge incidental to such vessel is engaged in commerce; the normal operation of a vessel; and (4) ‘‘United States’’ includes the States, the (B) determined by the Administrator and District of Columbia, the Commonwealth of the Secretary of Defense to be the most ef- Puerto Rico, the Virgin Islands, Guam, Amer- fective equipment or management practice ican Samoa, the Canal Zone, and the Trust to reduce the environmental impacts of the Territory of the Pacific Islands; discharge consistent with the considerations (5) ‘‘marine sanitation device’’ includes any set forth in subsection (n)(2)(B) of this sec- equipment for installation on board a vessel tion; and which is designed to receive, retain, treat, or (14) ‘‘vessel of the Armed Forces’’ means— discharge sewage, and any process to treat (A) any vessel owned or operated by the such sewage; Department of Defense, other than a time or (6) ‘‘sewage’’ means human body wastes and voyage chartered vessel; and the wastes from toilets and other receptacles (B) any vessel owned or operated by the intended to receive or retain body wastes ex- Department of Transportation that is des- cept that, with respect to commercial vessels ignated by the Secretary of the department on the Great Lakes, such term shall include in which the Coast Guard is operating as a graywater; vessel equivalent to a vessel described in (7) ‘‘manufacturer’’ means any person en- subparagraph (A). gaged in the manufacturing, assembling, or (b) Federal standards of performance importation of marine sanitation devices or of vessels subject to standards and regulations (1) As soon as possible, after October 18, 1972, promulgated under this section; and subject to the provisions of section 1254(j) of (8) ‘‘person’’ means an individual, partner- this title, the Administrator, after consultation ship, firm, corporation, association, or agency with the Secretary of the department in which of the United States, but does not include an the Coast Guard is operating, after giving appro- individual on board a public vessel; priate consideration to the economic costs in- (9) ‘‘discharge’’ includes, but is not limited volved, and within the limits of available tech- to, any spilling, leaking, pumping, pouring, nology, shall promulgate Federal standards of emitting, emptying or dumping; performance for marine sanitation devices (10) ‘‘commercial vessels’’ means those ves- (hereafter in this section referred to as ‘‘stand- sels used in the business of transporting prop- ards’’) which shall be designed to prevent the erty for compensation or hire, or in transport- discharge of untreated or inadequately treated ing property in the business of the owner, les- sewage into or upon the navigable waters from see, or operator of the vessel; new vessels and existing vessels, except vessels (11) ‘‘graywater’’ means galley, bath, and not equipped with installed toilet facilities. shower water; Such standards and standards established under (12) ‘‘discharge incidental to the normal op- subsection (c)(1)(B) of this section shall be con- eration of a vessel’’— sistent with maritime safety and the marine and (A) means a discharge, including— navigation laws and regulations and shall be (i) graywater, bilge water, cooling water, coordinated with the regulations issued under weather deck runoff, ballast water, oil this subsection by the Secretary of the depart- water separator effluent, and any other ment in which the Coast Guard is operating. The pollutant discharge from the operation of Secretary of the department in which the Coast a marine propulsion system, shipboard ma- Guard is operating shall promulgate regula- neuvering system, crew habitability sys- tions, which are consistent with standards pro- tem, or installed major equipment, such as mulgated under this subsection and subsection an aircraft carrier elevator or a catapult, (c) of this section and with maritime safety and § 1322 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 444 the marine and navigation laws and regulations Commerce; other interested Federal agencies; governing the design, construction, installation, and the States and industries interested; and and operation of any marine sanitation device otherwise comply with the requirements of sec- on board such vessels. tion 553 of title 5. (2) Any existing vessel equipped with a marine sanitation device on the date of promulgation of (f) Regulation by States or political subdivisions initial standards and regulations under this sec- thereof; complete prohibition upon discharge tion, which device is in compliance with such of sewage initial standards and regulations, shall be deemed in compliance with this section until (1)(A) Except as provided in subparagraph (B), such time as the device is replaced or is found after the effective date of the initial standards not to be in compliance with such initial stand- and regulations promulgated under this section, ards and regulations. no State or political subdivision thereof shall adopt or enforce any statute or regulation of (c) Initial standards; effective dates; revision; such State or political subdivision with respect waiver to the design, manufacture, or installation or (1)(A) Initial standards and regulations under use of any marine sanitation device on any ves- this section shall become effective for new ves- sel subject to the provisions of this section. sels two years after promulgation; and for exist- (B) A State may adopt and enforce a statute or ing vessels five years after promulgation. Revi- regulation with respect to the design, manufac- sions of standards and regulations shall be effec- ture, or installation or use of any marine sanita- tive upon promulgation, unless another effective tion device on a houseboat, if such statute or date is specified, except that no revision shall regulation is more stringent than the standards take effect before the effective date of the and regulations promulgated under this section. standard or regulation being revised. For purposes of this paragraph, the term (B) The Administrator shall, with respect to ‘‘houseboat’’ means a vessel which, for a period commercial vessels on the Great Lakes, estab- of time determined by the State in which the lish standards which require at a minimum the vessel is located, is used primarily as a residence equivalent of secondary treatment as defined and is not used primarily as a means of trans- under section 1314(d) of this title. Such stand- portation. ards and regulations shall take effect for exist- (2) If, after promulgation of the initial stand- ing vessels after such time as the Administrator ards and regulations and prior to their effective determines to be reasonable for the upgrading of date, a vessel is equipped with a marine sanita- marine sanitation devices to attain such stand- tion device in compliance with such standards ard. and regulations and the installation and oper- (2) The Secretary of the department in which ation of such device is in accordance with such the Coast Guard is operating with regard to his standards and regulations, such standards and regulatory authority established by this section, regulations shall, for the purposes of paragraph after consultation with the Administrator, may (1) of this subsection, become effective with re- distinguish among classes, type, and sizes of ves- spect to such vessel on the date of such compli- sels as well as between new and existing vessels, ance. and may waive applicability of standards and regulations as necessary or appropriate for such (3) After the effective date of the initial stand- classes, types, and sizes of vessels (including ex- ards and regulations promulgated under this isting vessels equipped with marine sanitation section, if any State determines that the protec- devices on the date of promulgation of the ini- tion and enhancement of the quality of some or tial standards required by this section), and, all of the waters within such State require upon application, for individual vessels. greater environmental protection, such State may completely prohibit the discharge from all (d) Vessels owned and operated by the United vessels of any sewage, whether treated or not, States into such waters, except that no such prohibi- The provisions of this section and the stand- tion shall apply until the Administrator deter- ards and regulations promulgated hereunder mines that adequate facilities for the safe and apply to vessels owned and operated by the sanitary removal and treatment of sewage from United States unless the Secretary of Defense all vessels are reasonably available for such finds that compliance would not be in the inter- water to which such prohibition would apply. est of national security. With respect to vessels Upon application of the State, the Adminis- owned and operated by the Department of De- trator shall make such determination within 90 fense, regulations under the last sentence of days of the date of such application. subsection (b)(1) of this section and certifi- (4)(A) If the Administrator determines upon cations under subsection (g)(2) of this section application by a State that the protection and shall be promulgated and issued by the Sec- enhancement of the quality of specified waters retary of Defense. within such State requires such a prohibition, (e) Pre-promulgation consultation he shall by regulation completely prohibit the Before the standards and regulations under discharge from a vessel of any sewage (whether this section are promulgated, the Administrator treated or not) into such waters. and the Secretary of the department in which (B) Upon application by a State, the Adminis- the Coast Guard is operating shall consult with trator shall, by regulation, establish a drinking the Secretary of State; the Secretary of Health water intake zone in any waters within such and Human Services; the Secretary of Defense; State and prohibit the discharge of sewage from the Secretary of the Treasury; the Secretary of vessels within that zone. Page 445 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1322

(g) Sales limited to certified devices; certification (1) for the manufacturer of any vessel sub- of test device; recordkeeping; reports ject to such standards and regulations to man- (1) No manufacturer of a marine sanitation de- ufacture for sale, to sell or offer for sale, or to vice shall sell, offer for sale, or introduce or de- distribute for sale or resale any such vessel liver for introduction in interstate commerce, or unless it is equipped with a marine sanitation import into the United States for sale or resale device which is in all material respects sub- any marine sanitation device manufactured stantially the same as the appropriate test de- after the effective date of the standards and reg- vice certified pursuant to this section; ulations promulgated under this section unless (2) for any person, prior to the sale or deliv- such device is in all material respects substan- ery of a vessel subject to such standards and tially the same as a test device certified under regulations to the ultimate purchaser, wrong- this subsection. fully to remove or render inoperative any cer- (2) Upon application of the manufacturer, the tified marine sanitation device or element of Secretary of the department in which the Coast design of such device installed in such vessel; Guard is operating shall so certify a marine (3) for any person to fail or refuse to permit sanitation device if he determines, in accord- access to or copying of records or to fail to ance with the provisions of this paragraph, that make reports or provide information required it meets the appropriate standards and regula- under this section; and tions promulgated under this section. The Sec- (4) for a vessel subject to such standards and retary of the department in which the Coast regulations to operate on the navigable waters Guard is operating shall test or require such of the United States, if such vessel is not testing of the device in accordance with proce- equipped with an operable marine sanitation dures set forth by the Administrator as to device certified pursuant to this section. standards of performance and for such other pur- (i) Jurisdiction to restrain violations; contempts poses as may be appropriate. If the Secretary of The district courts of the United States shall the department in which the Coast Guard is op- have jurisdictions to restrain violations of sub- erating determines that the device is satisfac- section (g)(1) of this section and subsections tory from the standpoint of safety and any other (h)(1) through (3) of this section. Actions to re- requirements of maritime law or regulation, and strain such violations shall be brought by, and after consideration of the design, installation, in, the name of the United States. In case of operation, material, or other appropriate fac- contumacy or refusal to obey a subpena served tors, he shall certify the device. Any device upon any person under this subsection, the dis- manufactured by such manufacturer which is in trict court of the United States for any district all material respects substantially the same as in which such person is found or resides or the certified test device shall be deemed to be in transacts business, upon application by the conformity with the appropriate standards and United States and after notice to such person, regulations established under this section. shall have jurisdiction to issue an order requir- (3) Every manufacturer shall establish and ing such person to appear and give testimony or maintain such records, make such reports, and to appear and produce documents, and any fail- provide such information as the Administrator ure to obey such order of the court may be pun- or the Secretary of the department in which the ished by such court as a contempt thereof. Coast Guard is operating may reasonably re- quire to enable him to determine whether such (j) Penalties manufacturer has acted or is acting in compli- Any person who violates subsection (g)(1) of ance with this section and regulations issued this section, clause (1) or (2) of subsection (h) of thereunder and shall, upon request of an officer this section, or subsection (n)(8) of this section or employee duly designated by the Adminis- shall be liable to a civil penalty of not more trator or the Secretary of the department in than $5,000 for each violation. Any person who which the Coast Guard is operating, permit such violates clause (4) of subsection (h) of this sec- officer or employee at reasonable times to have tion or any regulation issued pursuant to this access to and copy such records. All information section shall be liable to a civil penalty of not reported to or otherwise obtained by the Admin- more than $2,000 for each violation. Each viola- istrator or the Secretary of the Department in tion shall be a separate offense. The Secretary which the Coast Guard is operating or their rep- of the department in which the Coast Guard is resentatives pursuant to this subsection which operating may assess and compromise any such contains or relates to a trade secret or other penalty. No penalty shall be assessed until the matter referred to in section 1905 of title 18 shall person charged shall have been given notice and be considered confidential for the purpose of an opportunity for a hearing on such charge. In that section, except that such information may determining the amount of the penalty, or the be disclosed to other officers or employees con- amount agreed upon in compromise, the gravity cerned with carrying out this section. This para- of the violation, and the demonstrated good graph shall not apply in the case of the con- faith of the person charged in attempting to struction of a vessel by an individual for his own achieve rapid compliance, after notification of a use. violation, shall be considered by said Secretary. (h) Sale and resale of properly equipped vessels; (k) Enforcement authority operability of certified marine sanitation de- The provisions of this section shall be enforced vices by the Secretary of the department in which the After the effective date of standards and regu- Coast Guard is operating and he may utilize by lations promulgated under this section, it shall agreement, with or without reimbursement, law be unlawful— enforcement officers or other personnel and fa- § 1322 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 446 cilities of the Administrator, other Federal (i) the nature of the discharge; agencies, or the States to carry out the provi- (ii) the environmental effects of the dis- sions of this section. The provisions of this sec- charge; tion may also be enforced by a State. (iii) the practicability of using the ma- l rine pollution control device; ( ) Boarding and inspection of vessels; execution (iv) the effect that installation or use of of warrants and other process the marine pollution control device would Anyone authorized by the Secretary of the de- have on the operation or operational capa- partment in which the Coast Guard is operating bility of the vessel; to enforce the provisions of this section may, ex- (v) applicable United States law; cept as to public vessels, (1) board and inspect (vi) applicable international standards; any vessel upon the navigable waters of the and United States and (2) execute any warrant or (vii) the economic costs of the installa- other process issued by an officer or court of tion and use of the marine pollution con- competent jurisdiction. trol device. (m) Enforcement in United States possessions (3) Performance standards for marine pollu- tion control devices In the case of Guam and the Trust Territory of the Pacific Islands, actions arising under this (A) In general section may be brought in the district court of For each discharge for which a marine pol- Guam, and in the case of the Virgin Islands such lution control device is determined to be re- actions may be brought in the district court of quired under paragraph (2), the Adminis- the Virgin Islands. In the case of American trator and the Secretary of Defense, in con- Samoa and the Trust Territory of the Pacific Is- sultation with the Secretary of the depart- lands, such actions may be brought in the Dis- ment in which the Coast Guard is operating, trict Court of the United States for the District the Secretary of State, the Secretary of of Hawaii and such court shall have jurisdiction Commerce, other interested Federal agen- of such actions. In the case of the Canal Zone, cies, and interested States, shall jointly pro- such actions may be brought in the District mulgate Federal standards of performance Court for the District of the Canal Zone. for each marine pollution control device re- (n) Uniform national discharge standards for quired with respect to the discharge. Not- vessels of Armed Forces withstanding subsection (a)(1) of section 553 of title 5, the Administrator and the Sec- (1) Applicability retary of Defense shall promulgate the This subsection shall apply to vessels of the standards in accordance with such section. Armed Forces and discharges, other than sew- (B) Considerations age, incidental to the normal operation of a In promulgating standards under this vessel of the Armed Forces, unless the Sec- paragraph, the Administrator and the Sec- retary of Defense finds that compliance with retary of Defense shall take into consider- this subsection would not be in the national ation the matters set forth in paragraph security interests of the United States. (2)(B). (2) Determination of discharges required to be (C) Classes, types, and sizes of vessels controlled by marine pollution control de- The standards promulgated under this vices paragraph may— (A) In general (i) distinguish among classes, types, and The Administrator and the Secretary of sizes of vessels; Defense, after consultation with the Sec- (ii) distinguish between new and existing retary of the department in which the Coast vessels; and Guard is operating, the Secretary of Com- (iii) provide for a waiver of the applica- merce, and interested States, shall jointly bility of the standards as necessary or ap- determine the discharges incidental to the propriate to a particular class, type, age, normal operation of a vessel of the Armed or size of vessel. Forces for which it is reasonable and prac- (4) Regulations for use of marine pollution con- ticable to require use of a marine pollution trol devices control device to mitigate adverse impacts The Secretary of Defense, after consultation on the marine environment. Notwithstand- with the Administrator and the Secretary of ing subsection (a)(1) of section 553 of title 5, the department in which the Coast Guard is the Administrator and the Secretary of De- operating, shall promulgate such regulations fense shall promulgate the determinations governing the design, construction, installa- in accordance with such section. The Sec- tion, and use of marine pollution control de- retary of Defense shall require the use of a vices on board vessels of the Armed Forces as marine pollution control device on board a are necessary to achieve the standards pro- vessel of the Armed Forces in any case in mulgated under paragraph (3). which it is determined that the use of such (5) Deadlines; effective date a device is reasonable and practicable. (A) Determinations (B) Considerations The Administrator and the Secretary of In making a determination under subpara- Defense shall— graph (A), the Administrator and the Sec- (i) make the initial determinations retary of Defense shall take into consider- under paragraph (2) not later than 2 years ation— after February 10, 1996; and Page 447 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1322

(ii) every 5 years— rine pollution control device required to (I) review the determinations; and control discharges from a vessel of the (II) if necessary, revise the determina- Armed Forces. tions based on significant new informa- (B) Federal laws tion. This subsection shall not affect the appli- (B) Standards cation of section 1321 of this title to dis- The Administrator and the Secretary of charges incidental to the normal operation Defense shall— of a vessel. (i) promulgate standards of performance (7) Establishment of State no-discharge zones for a marine pollution control device (A) State prohibition under paragraph (3) not later than 2 years after the date of a determination under (i) In general paragraph (2) that the marine pollution After the effective date of— control device is required; and (I) a determination under paragraph (2) (ii) every 5 years— that it is not reasonable and practicable (I) review the standards; and to require use of a marine pollution con- (II) if necessary, revise the standards, trol device regarding a particular dis- consistent with paragraph (3)(B) and charge incidental to the normal oper- based on significant new information. ation of a vessel of the Armed Forces; or (C) Regulations (II) regulations promulgated by the Secretary of Defense under paragraph The Secretary of Defense shall promulgate (4); regulations with respect to a marine pollu- tion control device under paragraph (4) as if a State determines that the protection soon as practicable after the Administrator and enhancement of the quality of some or and the Secretary of Defense promulgate all of the waters within the State require standards with respect to the device under greater environmental protection, the paragraph (3), but not later than 1 year after State may prohibit 1 or more discharges the Administrator and the Secretary of De- incidental to the normal operation of a fense promulgate the standards. The regula- vessel, whether treated or not treated, into tions promulgated by the Secretary of De- the waters. No prohibition shall apply fense under paragraph (4) shall become effec- until the Administrator makes the deter- tive upon promulgation unless another effec- minations described in subclauses (II) and tive date is specified in the regulations. (III) of subparagraph (B)(i). (D) Petition for review (ii) Documentation The Governor of any State may submit a To the extent that a prohibition under petition requesting that the Secretary of De- this paragraph would apply to vessels of fense and the Administrator review a deter- the Armed Forces and not to other types mination under paragraph (2) or a standard of vessels, the State shall document the under paragraph (3), if there is significant technical or environmental basis for the new information, not considered previously, distinction. that could reasonably result in a change to (B) Prohibition by the Administrator the particular determination or standard (i) In general after consideration of the matters set forth in paragraph (2)(B). The petition shall be ac- Upon application of a State, the Admin- companied by the scientific and technical in- istrator shall by regulation prohibit the formation on which the petition is based. discharge from a vessel of 1 or more dis- The Administrator and the Secretary of De- charges incidental to the normal operation fense shall grant or deny the petition not of a vessel, whether treated or not treated, later than 2 years after the date of receipt of into the waters covered by the application the petition. if the Administrator determines that— (I) the protection and enhancement of (6) Effect on other laws the quality of the specified waters with- (A) Prohibition on regulation by States or po- in the State require a prohibition of the litical subdivisions of States discharge into the waters; Beginning on the effective date of— (II) adequate facilities for the safe and (i) a determination under paragraph (2) sanitary removal of the discharge inci- that it is not reasonable and practicable to dental to the normal operation of a ves- require use of a marine pollution control sel are reasonably available for the wa- device regarding a particular discharge in- ters to which the prohibition would cidental to the normal operation of a ves- apply; and sel of the Armed Forces; or (III) the prohibition will not have the (ii) regulations promulgated by the Sec- effect of discriminating against a vessel retary of Defense under paragraph (4); of the Armed Forces by reason of the ownership or operation by the Federal except as provided in paragraph (7), neither Government, or the military function, of a State nor a political subdivision of a State the vessel. may adopt or enforce any statute or regula- tion of the State or political subdivision (ii) Approval or disapproval with respect to the discharge or the design, The Administrator shall approve or dis- construction, installation, or use of any ma- approve an application submitted under § 1322 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 448

clause (i) not later than 90 days after the retary of Commerce, and interested date on which the application is submitted States, shall determine the discharges in- to the Administrator. Notwithstanding cidental to the normal operation of a rec- clause (i)(II), the Administrator shall not reational vessel for which it is reasonable disapprove an application for the sole rea- and practicable to develop management son that there are not adequate facilities practices to mitigate adverse impacts on to remove any discharge incidental to the the waters of the United States. normal operation of a vessel from vessels (ii) Promulgation of the Armed Forces. The Administrator shall promulgate the (C) Applicability to foreign flagged vessels determinations under clause (i) in accord- A prohibition under this paragraph— ance with section 553 of title 5. (i) shall not impose any design, construc- (iii) Management practices tion, manning, or equipment standard on a The Administrator shall develop man- foreign flagged vessel engaged in innocent agement practices for recreational vessels passage unless the prohibition implements in any case in which the Administrator de- a generally accepted international rule or termines that the use of those practices is standard; and reasonable and practicable. (ii) that relates to the prevention, reduc- tion, and control of pollution shall not (B) Considerations apply to a foreign flagged vessel engaged In making a determination under subpara- in transit passage unless the prohibition graph (A), the Administrator shall con- implements an applicable international sider— regulation regarding the discharge of oil, (i) the nature of the discharge; oily waste, or any other noxious substance (ii) the environmental effects of the dis- into the waters. charge; (8) Prohibition relating to vessels of the Armed (iii) the practicability of using a man- Forces agement practice; (iv) the effect that the use of a manage- After the effective date of the regulations ment practice would have on the oper- promulgated by the Secretary of Defense ation, operational capability, or safety of under paragraph (4), it shall be unlawful for the vessel; any vessel of the Armed Forces subject to the (v) applicable Federal and State law; regulations to— (vi) applicable international standards; (A) operate in the navigable waters of the and United States or the waters of the contig- (vii) the economic costs of the use of the uous zone, if the vessel is not equipped with management practice. any required marine pollution control device (C) Timing meeting standards established under this subsection; or The Administrator shall— (B) discharge overboard any discharge in- (i) make the initial determinations cidental to the normal operation of a vessel under subparagraph (A) not later than 1 in waters with respect to which a prohibi- year after July 29, 2008; and tion on the discharge has been established (ii) every 5 years thereafter— under paragraph (7). (I) review the determinations; and (II) if necessary, revise the determina- (9) Enforcement tions based on any new information This subsection shall be enforceable, as pro- available to the Administrator. vided in subsections (j) and (k) of this section, (3) Performance standards for management against any agency of the United States re- practices sponsible for vessels of the Armed Forces not- withstanding any immunity asserted by the (A) In general agency. For each discharge for which a manage- (o) Management practices for recreational ves- ment practice is developed under paragraph sels (2), the Administrator, in consultation with the Secretary of the department in which (1) Applicability the Coast Guard is operating, the Secretary This subsection applies to any discharge, of Commerce, other interested Federal agen- other than a discharge of sewage, from a rec- cies, and interested States, shall promul- reational vessel that is— gate, in accordance with section 553 of title (A) incidental to the normal operation of 5, Federal standards of performance for each the vessel; and management practice required with respect (B) exempt from permitting requirements to the discharge. under section 1342(r) of this title. (B) Considerations (2) Determination of discharges subject to In promulgating standards under this management practices paragraph, the Administrator shall take into (A) Determination account the considerations described in (i) In general paragraph (2)(B). The Administrator, in consultation with (C) Classes, types, and sizes of vessels the Secretary of the department in which The standards promulgated under this the Coast Guard is operating, the Sec- paragraph may— Page 449 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1322

(i) distinguish among classes, types, and of the United States or the waters of the con- sizes of vessels; tiguous zone, if the owner or operator of the (ii) distinguish between new and existing vessel is not using any applicable management vessels; and practice meeting standards established under (iii) provide for a waiver of the applica- this subsection. bility of the standards as necessary or ap- (June 30, 1948, ch. 758, title III, § 312, as added propriate to a particular class, type, age, Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 871; or size of vessel. amended Pub. L. 95–217, § 59, Dec. 27, 1977, 91 (D) Timing Stat. 1596; Pub. L. 96–88, title V, § 509(b), Oct. 17, The Administrator shall— 1979, 93 Stat. 695; Pub. L. 100–4, title III, § 311, (i) promulgate standards of performance Feb. 4, 1987, 101 Stat. 42; Pub. L. 104–106, div. A, for a management practice under subpara- title III, § 325(b)–(c)(2), Feb. 10, 1996, 110 Stat. graph (A) not later than 1 year after the 254–259; Pub. L. 110–288, § 4, July 29, 2008, 122 Stat. date of a determination under paragraph 2650.) (2) that the management practice is rea- REFERENCES IN TEXT sonable and practicable; and For definition of Canal Zone, referred to in subsecs. (ii) every 5 years thereafter— (a)(4) and (m), see section 3602(b) of Title 22, Foreign (I) review the standards; and Relations and Intercourse. (II) if necessary, revise the standards, AMENDMENTS in accordance with subparagraph (B) and based on any new information available 2008—Subsec. (o). Pub. L. 110–288 added subsec. (o). 1996—Subsec. (a)(8). Pub. L. 104–106, § 325(c)(1)(A), sub- to the Administrator. stituted ‘‘corporation, association, or agency of the (4) Regulations for the use of management United States,’’ for ‘‘corporation, or association,’’. practices Subsec. (a)(12) to (14). Pub. L. 104–106, § 325(c)(1)(B), (C), added pars. (12) to (14). (A) In general Subsec. (j). Pub. L. 104–106, § 325(c)(2), substituted The Secretary of the department in which ‘‘subsection (g)(1) of this section, clause (1) or (2) of the Coast Guard is operating shall promul- subsection (h) of this section, or subsection (n)(8) of this section shall be liable’’ for ‘‘subsection (g)(1) of gate such regulations governing the design, this section or clause (1) or (2) of subsection (h) of this construction, installation, and use of man- section shall be liable’’. agement practices for recreational vessels as Subsec. (n). Pub. L. 104–106, § 325(b), added subsec. (n). are necessary to meet the standards of per- 1987—Subsec. (f)(1). Pub. L. 100–4, § 311(a), designated formance promulgated under paragraph (3). existing provision as subpar. (A), substituted ‘‘Except as provided in subparagraph (B), after’’ for ‘‘After’’, and (B) Regulations added subpar. (B). (i) In general Subsec. (k). Pub. L. 100–4, § 311(b), inserted at end ‘‘The provisions of this section may also be enforced by The Secretary shall promulgate the reg- a State.’’ ulations under this paragraph as soon as 1977—Subsec. (a)(6). Pub. L. 95–217, § 59(a), inserted practicable after the Administrator pro- ‘‘except that, with respect to commercial vessels on the mulgates standards with respect to the Great Lakes, such term shall include graywater’’ after practice under paragraph (3), but not later ‘‘receive or retain body wastes’’. Subsec. (a)(10), (11). Pub. L. 95–217, § 59(b), added pars. than 1 year after the date on which the Ad- (10) and (11). ministrator promulgates the standards. Subsec. (b)(1). Pub. L. 95–217, § 59(c), inserted ref- (ii) Effective date erences to standards established under subsec. (c)(1)(B) of this section and to standards promulgated under sub- The regulations promulgated by the Sec- sec. (c) of this section. retary under this paragraph shall be effec- Subsec. (c)(1). Pub. L. 95–217, § 59(d), designated exist- tive upon promulgation unless another ef- ing provisions as subpar. (A) and added subpar. (B). fective date is specified in the regulations. Subsec. (f)(4). Pub. L. 95–217, § 59(e), designated exist- ing provisions as subpar. (A) and added subpar. (B). (iii) Consideration of time CHANGE OF NAME In determining the effective date of a regulation promulgated under this para- ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- graph, the Secretary shall consider the pe- fare’’ in subsec. (e) pursuant to section 509(b) of Pub. L. riod of time necessary to communicate the 96–88 which is classified to section 3508(b) of Title 20, existence of the regulation to persons af- Education. fected by the regulation. TRANSFER OF FUNCTIONS (5) Effect of other laws For transfer of authorities, functions, personnel, and This subsection shall not affect the applica- assets of the Coast Guard, including the authorities tion of section 1321 of this title to discharges and functions of the Secretary of Transportation relat- incidental to the normal operation of a rec- ing thereto, to the Department of Homeland Security, reational vessel. and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- (6) Prohibition relating to recreational vessels rity, and the Department of Homeland Security Reor- After the effective date of the regulations ganization Plan of November 25, 2002, as modified, set promulgated by the Secretary of the depart- out as a note under section 542 of Title 6. ment in which the Coast Guard is operating TERMINATION OF TRUST TERRITORY OF THE PACIFIC under paragraph (4), the owner or operator of ISLANDS a recreational vessel shall neither operate in For termination of Trust Territory of the Pacific Is- nor discharge any discharge incidental to the lands, see note set out preceding section 1681 of Title normal operation of the vessel into, the waters 48, Territories and Insular Possessions. § 1322 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 450

TERMINATION OF UNITED STATES DISTRICT COURT FOR ‘‘SEC. 5603. DETERMINATION AND PLAN REGARD- THE DISTRICT OF THE CANAL ZONE ING STATE MARINE SANITATION DEVICE For termination of the United States District Court PUMPOUT STATION NEEDS. for the District of the Canal Zone at end of the ‘‘transi- ‘‘(a) SURVEY.—Within 3 months after the notification tion period’’, being the 30-month period beginning Oct. under section 5605(b), each coastal State shall conduct 1, 1979, and ending midnight Mar. 31, 1982, see Para- a survey to determine— ‘‘(1) the number and location of all operational graph 5 of Article XI of the Panama Canal Treaty of pumpout stations and waste reception facilities at 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96–70, public and private marinas, mooring areas, docks, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to and other boating access facilities within the coastal sections 3831 and 3841 to 3843, respectively, of Title 22, zone of the State; and Foreign Relations and Intercourse. ‘‘(2) the number of recreational vessels in the coast- al waters of the State with type III marine sanitation PURPOSE OF 1996 AMENDMENT devices or portable toilets, and the areas of those Section 325(a) of Pub. L. 104–106 provided that: ‘‘The coastal waters where those vessels congregate. purposes of this section [amending this section and sec- ‘‘(b) PLAN.—Within 6 months after the notification tion 1362 of this title and enacting provisions set out as under section 5605(b), and based on the survey con- a note below] are to— ducted under subsection (a), each coastal State shall— ‘‘(1) enhance the operational flexibility of vessels of ‘‘(1) develop and submit to the Secretary of the In- the Armed Forces domestically and internationally; terior a plan for any construction or renovation of ‘‘(2) stimulate the development of innovative vessel pumpout stations and waste reception facilities that pollution control technology; and are necessary to ensure that, based on the guidance ‘‘(3) advance the development by the United States issued under section 5605(a), there are pumpout sta- Navy of environmentally sound ships.’’ tions and waste reception facilities in the State that are adequate and reasonably available to meet the COOPERATION IN NATIONAL DISCHARGE STANDARDS needs of recreational vessels using the coastal waters DEVELOPMENT of the State; and ‘‘(2) submit to the Secretary of the Interior with Section 325(d) of Pub. L. 104–106 provided that: ‘‘The that plan a list of all stations and facilities in the Administrator of the Environmental Protection Agen- coastal zone of the State which are operational on cy and the Secretary of Defense may, by mutual agree- the date of submittal. ment, with or without reimbursement, provide for the ‘‘(c) PLAN APPROVAL.— use of information, reports, personnel, or other re- ‘‘(1) IN GENERAL.—Not later than 60 days after a sources of the Environmental Protection Agency or the plan is submitted by a State under subsection (b), the Department of Defense to carry out section 312(n) of Secretary of the Interior shall approve or disapprove the Federal Water Pollution Control Act [33 U.S.C. the plan, based on— 1322(n)] (as added by subsection (b)), including the use ‘‘(A) the adequacy of the survey conducted by the of the resources— State under subsection (a); and ‘‘(1) to determine— ‘‘(B) the ability of the plan, based on the guidance ‘‘(A) the nature and environmental effect of dis- issued under section 5605(a), to meet the construc- charges incidental to the normal operation of a ves- tion and renovation needs of the recreational ves- sel of the Armed Forces; sels identified in the survey. ‘‘(B) the practicability of using marine pollution ‘‘(2) NOTIFICATION OF STATE; MODIFICATION.—The control devices on vessels of the Armed Forces; and Secretary of the Interior shall promptly notify the ‘‘(C) the effect that installation or use of marine affected Governor of the approval or disapproval of a pollution control devices on vessels of the Armed plan. If a plan is disapproved, the Secretary of the In- Forces would have on the operation or operational terior shall recommend necessary modifications and capability of the vessels; and return the plan to the affected Governor. ‘‘(2) to establish performance standards for marine ‘‘(3) RESUBMITTAL.—Not later than 60 days after re- pollution control devices on vessels of the Armed ceiving a plan returned by the Secretary of the Inte- Forces.’’ rior, the Governor shall make the appropriate changes and resubmit the plan. CLEAN VESSELS ‘‘(d) INDICATION OF STATIONS AND FACILITIES ON NOAA CHARTS.— Pub. L. 102–587, title V, subtitle F, Nov. 4, 1992, 106 ‘‘(1) IN GENERAL.—The Under Secretary of Com- Stat. 5086, as amended by Pub. L. 109–59, title X, § 10131, merce for Oceans and Atmosphere shall indicate, on Aug. 10, 2005, 119 Stat. 1931, provided that: charts published by the National Oceanic and Atmos- ‘‘SEC. 5601. SHORT TITLE. pheric Administration for the use of operators of rec- ‘‘This subtitle may be cited as the ‘Clean Vessel Act reational vessels, the locations of pumpout stations of 1992’. and waste reception facilities. ‘‘(2) NOTIFICATION OF NOAA.— ‘‘SEC. 5602. FINDINGS; PURPOSE. ‘‘(A) LISTS OF STATIONS AND FACILITIES.—The Sec- ‘‘(a) FINDINGS.—The Congress finds the following: retary of the Interior shall transmit to the Under ‘‘(1) The discharge of untreated sewage by vessels is Secretary of Commerce for Oceans and Atmosphere prohibited under Federal law in all areas within the each list of operational stations and facilities sub- navigable waters of the United States. mitted by a State under subsection (b)(2), by not ‘‘(2) The discharge of treated sewage by vessels is later than 30 days after the date of receipt of that prohibited under either Federal or State law in many list. of the United States bodies of water where rec- ‘‘(B) COMPLETION OF PROJECT.—The Director of reational boaters operate. the United States Fish and Wildlife Service shall ‘‘(3) There is currently an inadequate number of notify the Under Secretary of the location of each pumpout stations for type III marine sanitation de- station or facility at which a construction or ren- vices where recreational vessels normally operate. ovation project is completed by a State with ‘‘(4) Sewage discharged by recreational vessels be- amounts made available under the Act of August 9, cause of an inadequate number of pumpout stations is 1950 (16 U.S.C. 777a et seq. [16 U.S.C. 777 et seq.]), as a substantial contributor to localized degradation of amended by this subtitle, by not later than 30 days water quality in the United States. after the date of notification by a State of the com- ‘‘(b) PURPOSE.—The purpose of this subtitle is to pro- pletion of the project. vide funds to States for the construction, renovation, ‘‘SEC. 5604. FUNDING. operation, and maintenance of pumpout stations and ‘‘(a) TRANSFER.—[Amended section 777c of Title 16, waste reception facilities. Conservation.] Page 451 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1322

‘‘(b) ACCESS INCREASE.—[Amended section 777g of to reduce sewage discharges from vessels and to pro- Title 16, Conservation.] tect United States waters. ‘‘(c) GRANT PROGRAM.— ‘‘(b) NOTIFICATION.—Not later than one month after ‘‘(1) MATCHING GRANTS.—The Secretary of the Inte- the guidance issued under subsection (a) is finalized, rior may obligate an amount not to exceed the the Secretary of the Interior shall provide notification amount made available under section 4(b)(2) of the in writing to the fish and wildlife, water pollution con- Act of August 9, 1950 (16 U.S.C. 777c(b)(2), as amended trol, and coastal zone management authorities of each by this Act), to make grants to— State, of— ‘‘(A) coastal States to pay not more than 75 per- ‘‘(1) the availability of amounts under the Act of cent of the cost to a coastal State of— August 9, 1950 (16 U.S.C. 777a et seq. [16 U.S.C. 777 et ‘‘(i) conducting a survey under section 5603(a); seq.]) to implement the Clean Vessel Act of 1992; and ‘‘(ii) developing and submitting a plan and ac- ‘‘(2) the guidance developed under subsection (a). companying list under section 5603(b); ‘‘SEC. 5606. EFFECT ON STATE FUNDING ELIGI- ‘‘(iii) constructing and renovating pumpout sta- BILITY. tions and waste reception facilities; and ‘‘(iv) conducting a program to educate rec- ‘‘This subtitle shall not be construed or applied to reational boaters about the problem of human jeopardize any funds available to a coastal State under body waste discharges from vessels and inform the Act of August 9, 1950 (16 U.S.C. 777a et seq. [16 them of the location of pumpout stations and U.S.C. 777 et seq.]), if the coastal State is, in good faith, waste reception facilities. pursuing a survey and plan designed to meet the pur- ‘‘(B) inland States, which can demonstrate to the poses of this subtitle. Secretary of the Interior that there are an inad- ‘‘SEC. 5607. APPLICABILITY. equate number of pumpout stations and waste re- ‘‘The requirements of section 5603 shall not apply to ception facilities to meet the needs of recreational a coastal State if within six months after the date of vessels in the waters of that State, to pay 75 per- enactment of this subtitle [Nov. 4, 1992] the Secretary cent of the cost to that State of— of the Interior certifies that— ‘‘(i) constructing and renovating pumpout sta- ‘‘(1) the State has developed and is implementing a tions and waste reception facilities in the inland plan that will ensure that there will be pumpout sta- State; and tions and waste reception facilities adequate to meet ‘‘(ii) conducting a program to educate rec- the needs of recreational vessels in the coastal waters reational boaters about the problem of human of the State; or body waste discharges from vessels and inform ‘‘(2) existing pumpout stations and waste reception them of the location of pumpout stations and facilities in the coastal waters of the State are ade- waste reception facilities. quate to meet those needs. ‘‘(2) PRIORITY.—In awarding grants under this sub- ‘‘SEC. 5608. DEFINITIONS. section, the Secretary of the Interior shall give prior- ‘‘For the purposes of this subtitle the term: ity consideration to grant applications that— ‘‘(1) ‘coastal State’— ‘‘(A) provide for public/private partnership efforts ‘‘(A) means a State of the United States in, or to develop and operate pumpout stations and waste bordering on the Atlantic, Pacific, or Arctic Ocean; reception facilities; and the Gulf of Mexico; Long Island Sound; or one or ‘‘(B) propose innovative ways to increase the more of the Great Lakes; availability and use of pumpout stations and waste ‘‘(B) includes Puerto Rico, the Virgin Islands, reception facilities. Guam, the Commonwealth of the Northern Mariana ‘‘(d) DISCLAIMER.—Nothing in this subtitle shall be in- Islands, and American Samoa; and terpreted to preclude a State from carrying out the ‘‘(C) does not include a State for which the ratio provisions of this subtitle with funds other than those of the number of recreational vessels in the State described in this section. numbered under chapter 123 of title 46, United ‘‘SEC. 5605. GUIDANCE AND NOTIFICATION. States Code, to number of miles of shoreline (as ‘‘(a) ISSUANCE OF GUIDANCE.—Not later than 3 months that term is defined in section 926.2(d) of title 15, after the date of the enactment of this subtitle [Nov. 4, Code of Federal Regulations, as in effect on Janu- 1992], the Secretary of the Interior shall, after consult- ary 1, 1991), is less than one. ing with the Administrator of the Environmental Pro- ‘‘(2) ‘coastal waters’ means— tection Agency, the Under Secretary of Commerce for ‘‘(A) in the Great Lakes area, the waters within Oceans and Atmosphere, and the Commandant of the the territorial jurisdiction of the United States Coast Guard, issue for public comment pumpout sta- consisting of the Great Lakes, their connecting wa- tion and waste reception facility guidance. The Sec- ters, harbors, roadsteads, and estuary-type areas retary of the Interior shall finalize the guidance not such as bays, shallows, and marshes; and later than 6 months after the date of enactment of this ‘‘(B) in other areas, those waters, adjacent to the subtitle. The guidance shall include— shorelines, which contain a measurable percentage ‘‘(1) guidance regarding the types of pumpout sta- of sea water, including sounds, bay, lagoons, bay- tions and waste reception facilities that may be ap- ous, ponds, and estuaries. propriate for construction, renovation, operation, or ‘‘(3) ‘coastal zone’ has the same meaning that term maintenance with amounts available under the Act of has in section 304(1) of the Coastal Zone Management August 9, 1950 (16 U.S.C. 777a et seq. [16 U.S.C. 777 et Act of 1972 (16 U.S.C. 1453(1)); seq.]), as amended by this subtitle, and appropriate ‘‘(4) ‘inland State’ means a State which is not a location of the stations and facilities within a marina coastal state; or boatyard; ‘‘(5) ‘type III marine sanitation device’ means any ‘‘(2) guidance defining what constitutes adequate equipment for installation on board a vessel which is and reasonably available pumpout stations and waste specifically designed to receive, retain, and discharge reception facilities in boating areas; human body wastes; ‘‘(3) guidance on appropriate methods for disposal ‘‘(6) ‘pumpout station’ means a facility that pumps of vessel sewage from pumpout stations and waste re- or receives human body wastes out of type III marine ception facilities; sanitation devices installed on board vessels; ‘‘(4) guidance on appropriate connector fittings to ‘‘(7) ‘recreational vessel’ means a vessel— facilitate the sanitary and expeditious discharge of ‘‘(A) manufactured for operation, or operated, pri- sewage from vessels; marily for pleasure; or ‘‘(5) guidance on the waters most likely to be af- ‘‘(B) leased, rented, or chartered to another for fected by the discharge of sewage from vessels; and the latter’s pleasure; and ‘‘(6) other information that is considered necessary ‘‘(8) ‘waste reception facility’ means a facility spe- to promote the establishment of pumpout facilities cifically designed to receive wastes from portable § 1323 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 452

toilets carried on vessels, and does not include for periods of not to exceed one year upon the lavatories.’’ President’s making a new determination. The CONTIGUOUS ZONE OF UNITED STATES President shall report each January to the Con- gress all exemptions from the requirements of For extension of contiguous zone of United States, see Proc. No. 7219, set out as a note under section 1331 this section granted during the preceding cal- of Title 43, Public Lands. endar year, together with his reason for grant- ing such exemption. In addition to any such ex- § 1323. Federal facilities pollution control emption of a particular effluent source, the (a) Compliance with pollution control require- President may, if he determines it to be in the ments by Federal entities paramount interest of the United States to do so, issue regulations exempting from compliance Each department, agency, or instrumentality with the requirements of this section any weap- of the executive, legislative, and judicial onry, equipment, aircraft, vessels, vehicles, or branches of the Federal Government (1) having other classes or categories of property, and ac- jurisdiction over any property or facility, or (2) cess to such property, which are owned or oper- engaged in any activity resulting, or which may ated by the Armed Forces of the United States result, in the discharge or runoff of pollutants, (including the Coast Guard) or by the National and each officer, agent, or employee thereof in Guard of any State and which are uniquely mili- the performance of his official duties, shall be tary in nature. The President shall reconsider subject to, and comply with, all Federal, State, the need for such regulations at three-year in- interstate, and local requirements, administra- tervals. tive authority, and process and sanctions re- specting the control and abatement of water (b) Cooperation with Federal entities and limita- pollution in the same manner, and to the same tion on facility construction extent as any nongovernmental entity including (1) The Administrator shall coordinate with the payment of reasonable service charges. The the head of each department, agency, or instru- preceding sentence shall apply (A) to any re- mentality of the Federal Government having ju- quirement whether substantive or procedural risdiction over any property or facility utilizing (including any recordkeeping or reporting re- federally owned wastewater facilities to develop quirement, any requirement respecting permits a program of cooperation for utilizing waste- and any other requirement, whatsoever), (B) to water control systems utilizing those innovative the exercise of any Federal, State, or local ad- treatment processes and techniques for which ministrative authority, and (C) to any process guidelines have been promulgated under section and sanction, whether enforced in Federal, 1314(d)(3) of this title. Such program shall in- State, or local courts or in any other manner. clude an inventory of property and facilities This subsection shall apply notwithstanding any which could utilize such processes and tech- immunity of such agencies, officers, agents, or niques. employees under any law or rule of law. Nothing (2) Construction shall not be initiated for fa- in this section shall be construed to prevent any cilities for treatment of wastewater at any Fed- department, agency, or instrumentality of the eral property or facility after September 30, Federal Government, or any officer, agent, or 1979, if alternative methods for wastewater employee thereof in the performance of his offi- treatment at such property or facility utilizing cial duties, from removing to the appropriate innovative treatment processes and techniques, Federal district court any proceeding to which including but not limited to methods utilizing the department, agency, or instrumentality or recycle and reuse techniques and land treatment officer, agent, or employee thereof is subject are not utilized, unless the life cycle cost of the pursuant to this section, and any such proceed- alternative treatment works exceeds the life ing may be removed in accordance with section cycle cost of the most cost effective alternative 1441 et seq. of title 28. No officer, agent, or em- by more than 15 per centum. The Administrator ployee of the United States shall be personally may waive the application of this paragraph in liable for any civil penalty arising from the per- any case where the Administrator determines it formance of his official duties, for which he is to be in the public interest, or that compliance not otherwise liable, and the United States shall with this paragraph would interfere with the or- be liable only for those civil penalties arising derly compliance with conditions of a permit is- under Federal law or imposed by a State or local sued pursuant to section 1342 of this title. court to enforce an order or the process of such (c) Reasonable service charges court. The President may exempt any effluent source of any department, agency, or instrumen- (1) In general tality in the executive branch from compliance For the purposes of this chapter, reasonable with any such a requirement if he determines it service charges described in subsection (a) in- to be in the paramount interest of the United clude any reasonable nondiscriminatory fee, States to do so; except that no exemption may charge, or assessment that is— be granted from the requirements of section 1316 (A) based on some fair approximation of or 1317 of this title. No such exemptions shall be the proportionate contribution of the prop- granted due to lack of appropriation unless the erty or facility to stormwater pollution (in President shall have specifically requested such terms of quantities of pollutants, or volume appropriation as a part of the budgetary process or rate of stormwater discharge or runoff and the Congress shall have failed to make from the property or facility); and available such requested appropriation. Any ex- (B) used to pay or reimburse the costs as- emption shall be for a period not in excess of one sociated with any stormwater management year, but additional exemptions may be granted program (whether associated with a separate Page 453 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1324

storm sewer system or a sewer system that FEDERAL COMPLIANCE WITH POLLUTION CONTROL manages a combination of stormwater and STANDARDS sanitary waste), including the full range of For provisions relating to the responsibility of the programmatic and structural costs attrib- head of each Executive agency for compliance with ap- utable to collecting stormwater, reducing plicable pollution control standards, see Ex. Ord. No. pollutants in stormwater, and reducing the 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under volume and rate of stormwater discharge, section 4321 of Title 42, The Public Health and Welfare. regardless of whether that reasonable fee, EXECUTIVE ORDER NO. 11258 charge, or assessment is denominated a tax. Ex. Ord. No. 11258, Nov. 17, 1965, 30 F.R. 14483, which related to prevention, control, and abatement of water (2) Limitation on accounts pollution by federal activities, was superseded by Ex. (A) Limitation Ord. No. 11286, July 2, 1966, 31 F.R. 9261. The payment or reimbursement of any fee, EXECUTIVE ORDER NO. 11288 charge, or assessment described in para- Ex. Ord. No. 11288, July 2, 1966, 31 F.R. 9261, which graph (1) shall not be made using funds from provided for prevention, control, and abatement of any permanent authorization account in the water pollution from federal activities, was superseded Treasury. by Ex. Ord. No. 11507, Feb. 4, 1970, 35 F.R. 2573. (B) Reimbursement or payment obligation of § 1324. Clean lakes Federal Government (a) Establishment and scope of program Each department, agency, or instrumen- (1) State program requirements tality of the executive, legislative, and judi- Each State on a biennial basis shall prepare cial branches of the Federal Government, as and submit to the Administrator for his ap- described in subsection (a), shall not be obli- proval— gated to pay or reimburse any fee, charge, or (A) an identification and classification ac- assessment described in paragraph (1), ex- cording to eutrophic condition of all pub- cept to the extent and in an amount pro- licly owned lakes in such State; vided in advance by any appropriations Act (B) a description of procedures, processes, to pay or reimburse the fee, charge, or as- and methods (including land use require- sessment. ments), to control sources of pollution of (June 30, 1948, ch. 758, title III, § 313, as added such lakes; (C) a description of methods and proce- Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 875; dures, in conjunction with appropriate Fed- amended Pub. L. 95–217, §§ 60, 61(a), Dec. 27, 1977, eral agencies, to restore the quality of such 91 Stat. 1597, 1598; Pub. L. 111–378, § 1, Jan. 4, 2011, lakes; 124 Stat. 4128.) (D) methods and procedures to mitigate the harmful effects of high acidity, including AMENDMENTS innovative methods of neutralizing and re- 2011—Subsec. (c). Pub. L. 111–378 added subsec. (c). storing buffering capacity of lakes and 1977—Subsec. (a). Pub. L. 95–217, §§ 60, 61(a), des- methods of removing from lakes toxic met- ignated existing provisions as subsec. (a) and inserted provisions making officers, agents, or employees of als and other toxic substances mobilized by Federal departments, agencies, or instrumentalities high acidity; subject to Federal, State, interstate, and local require- (E) a list and description of those publicly ments, administrative authority, process, and sanc- owned lakes in such State for which uses are tions respecting the control and abatement of water known to be impaired, including those lakes pollution in the same manner and to the same extent which are known not to meet applicable as non-governmental entities, including the payment of water quality standards or which require im- reasonable service charges, inserted provisions cover- plementation of control programs to main- ing Federal employee liability, and inserted provisions tain compliance with applicable standards relating to military source exemptions and the issu- ance of regulations covering those exemptions. and those lakes in which water quality has Subsec. (b). Pub. L. 95–217, § 60, added subsec. (b). deteriorated as a result of high acidity that may reasonably be due to acid deposition; TRANSFER OF FUNCTIONS and (F) an assessment of the status and trends For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities of water quality in lakes in such State, in- and functions of the Secretary of Transportation relat- cluding but not limited to, the nature and ing thereto, to the Department of Homeland Security, extent of pollution loading from point and and for treatment of related references, see sections nonpoint sources and the extent to which 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- the use of lakes is impaired as a result of rity, and the Department of Homeland Security Reor- such pollution, particularly with respect to ganization Plan of November 25, 2002, as modified, set toxic pollution. out as a note under section 542 of Title 6. (2) Submission as part of 1315(b)(1) report MARINE GUIDANCE SYSTEMS The information required under paragraph Pub. L. 105–383, title IV, § 425(b), Nov. 13, 1998, 112 (1) shall be included in the report required Stat. 3441, provided that: ‘‘The Secretary of Transpor- under section 1315(b)(1) of this title, beginning tation shall, within 12 months after the date of the en- with the report required under such section by actment of this Act [Nov. 13, 1998], evaluate and report April 1, 1988. to the Congress on the suitability of marine sector (3) Report of Administrator laser lighting, cold cathode lighting, and ultraviolet enhanced vision technologies for use in guiding marine Not later than 180 days after receipt from vessels and traffic.’’ the States of the biennial information re- § 1324 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 454

quired under paragraph (1), the Administrator (2) Geographical requirements shall submit to the Committee on Public Demonstration projects authorized by this Works and Transportation of the House of subsection shall be undertaken to reflect a va- Representatives and the Committee on Envi- riety of geographical and environmental con- ronment and Public Works of the Senate a re- ditions. As a priority, the Administrator shall port on the status of water quality in lakes in undertake demonstration projects at Lake the United States, including the effectiveness Champlain, New York and Vermont; Lake of the methods and procedures described in Houston, Texas; Beaver Lake, Arkansas; paragraph (1)(D). Greenwood Lake and Belcher Creek, New Jer- (4) Eligibility requirement sey; Deal Lake, New Jersey; Alcyon Lake, New Beginning after April 1, 1988, a State must Jersey; Gorton’s Pond, Rhode Island; Lake have submitted the information required Washington, Rhode Island; Lake Bomoseen, under paragraph (1) in order to receive grant Vermont; Sauk Lake, Minnesota; Otsego assistance under this section. Lake, New York; Oneida Lake, New York; Raystown Lake, Pennsylvania; Swan Lake, (b) Financial assistance to States Itasca County, Minnesota; Walker Lake, Ne- The Administrator shall provide financial as- vada; Lake Tahoe, California and Nevada; Ten sistance to States in order to carry out methods Mile Lakes, Oregon; Woahink Lake, Oregon; and procedures approved by him under sub- Highland Lake, Connecticut; Lily Lake, New section (a) of this section. The Administrator Jersey; Strawbridge Lake, New Jersey; shall provide financial assistance to States to Baboosic Lake, New Hampshire; French Pond, prepare the identification and classification sur- New Hampshire; Dillon Reservoir, Ohio; veys required in subsection (a)(1) of this section. Tohopekaliga Lake, Florida; Lake Apopka, (c) Maximum amount of grant; authorization of Florida; Lake George, New York; Lake appropriations Wallenpaupack, Pennsylvania; Lake (1) The amount granted to any State for any Allatoona, Georgia; and Lake Worth, Texas. fiscal year under subsection (b) of this section (3) Reports shall not exceed 70 per centum of the funds ex- Notwithstanding section 3003 of the Federal pended by such State in such year for carrying Reports Elimination and Sunset Act of 1995 (31 out approved methods and procedures under sub- U.S.C. 1113 note; 109 Stat. 734–736), by January section (a) of this section. 1, 1997, and January 1 of every odd-numbered (2) There is authorized to be appropriated year thereafter, the Administrator shall re- $50,000,000 for each of fiscal years 2001 through port to the Committee on Transportation and 2005 for grants to States under subsection (b) of Infrastructure of the House of Representatives this section which such sums shall remain avail- and the Committee on Environment and Pub- able until expended. The Administrator shall lic Works of the Senate on work undertaken provide for an equitable distribution of such pursuant to this subsection. Upon completion sums to the States with approved methods and of the program authorized by this subsection, procedures under subsection (a) of this section. the Administrator shall submit to such com- (d) Demonstration program mittees a final report on the results of such (1) General requirements program, along with recommendations for fur- ther measures to improve the water quality of The Administrator is authorized and di- the Nation’s lakes. rected to establish and conduct at locations throughout the Nation a lake water quality (4) Authorization of appropriations demonstration program. The program shall, at (A) In general a minimum— There is authorized to be appropriated to (A) develop cost effective technologies for carry out this subsection not to exceed the control of pollutants to preserve or en- $40,000,000 for fiscal years beginning after hance lake water quality while optimizing September 30, 1986, to remain available until multiple lakes uses; expended. (B) control nonpoint sources of pollution which are contributing to the degradation of (B) Special authorizations water quality in lakes; (i) Amount (C) evaluate the feasibility of implement- There is authorized to be appropriated to ing regional consolidated pollution control carry out subsection (b) of this section strategies; with respect to subsection (a)(1)(D) of this (D) demonstrate environmentally pre- section not to exceed $25,000,000 for fiscal ferred techniques for the removal and dis- years beginning after September 30, 1986, posal of contaminated lake sediments; to remain available until expended. (E) develop improved methods for the re- moval of silt, stumps, aquatic growth, and (ii) Distribution of funds other obstructions which impair the quality The Administrator shall provide for an of lakes; equitable distribution of sums appro- (F) construct and evaluate silt traps and priated pursuant to this subparagraph other devices or equipment to prevent or among States carrying out approved meth- abate the deposit of sediment in lakes; and ods and procedures. Such distribution shall (G) demonstrate the costs and benefits of be based on the relative needs of each such utilizing dredged material from lakes in the State for the mitigation of the harmful ef- reclamation of despoiled land. fects on lakes and other surface waters of Page 455 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1325

high acidity that may reasonably be due to ‘‘(1) an identification and classification according acid deposition or acid mine drainage. to eutrophic condition of all publicly owned fresh water lakes in such State; (iii) Grants as additional assistance ‘‘(2) procedures, processes, and methods (including The amount of any grant to a State land use requirements), to control sources of pollu- under this subparagraph shall be in addi- tion of such lakes; and tion to, and not in lieu of, any other Fed- ‘‘(3) methods and procedures, in conjunction with eral financial assistance. appropriate Federal agencies, to restore the quality of such lakes.’’ (June 30, 1948, ch. 758, title III, § 314, as added Subsec. (b). Pub. L. 100–4, § 315(d)(1), substituted ‘‘sub- Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 875; section (a) of this section’’ for ‘‘this section’’ in first amended Pub. L. 95–217, §§ 4(f), 62(a), Dec. 27, sentence. 1977, 91 Stat. 1567, 1598; Pub. L. 96–483, § 1(f), Oct. Subsec. (c)(1). Pub. L. 100–4, § 315(d)(2), substituted 21, 1980, 94 Stat. 2360; Pub. L. 100–4, title I, ‘‘subsection (b) of this section’’ for first reference to § 101(g), title III, § 315(a), (b), (d), Feb. 4, 1987, 101 ‘‘this section’’ and ‘‘subsection (a) of this section’’ for Stat. 9, 49, 50, 52; Pub. L. 101–596, title III, § 302, second reference to ‘‘this section’’. Subsec. (c)(2). Pub. L. 100–4, §§ 101(g), 315(d)(3), struck Nov. 16, 1990, 104 Stat. 3006; Pub. L. 104–66, title out ‘‘and’’ after ‘‘1981,’’ and inserted ‘‘, such sums as II, § 2021(c), Dec. 21, 1995, 109 Stat. 727; Pub. L. may be necessary for fiscal years 1983 through 1985, and 105–362, title V, § 501(b), Nov. 10, 1998, 112 Stat. $30,000,000 per fiscal year for each of the fiscal years 3283; Pub. L. 106–457, title VII, §§ 701, 702, Nov. 7, 1986 through 1990’’ after ‘‘1982’’, and substituted ‘‘sub- 2000, 114 Stat. 1976; Pub. L. 107–303, title III, section (b) of this section’’ for first reference to ‘‘this § 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.) section’’ and ‘‘subsection (a) of this section’’ for second reference to ‘‘this section’’. REFERENCES IN TEXT Subsec. (d). Pub. L. 100–4, § 315(b), added subsec. (d). Section 3003 of the Federal Reports Elimination and 1980—Subsec. (c)(2). Pub. L. 96–483 inserted authoriza- Sunset Act of 1995, referred to in subsec. (d)(3), is sec- tion of $30,000,000 for each of fiscal years 1981 and 1982. tion 3003 of Pub. L. 104–66, which is set out as a note 1977—Subsec. (b). Pub. L. 95–217, § 62(a), inserted pro- under section 1113 of Title 31, Money and Finance. vision directing the Administrator to provide financial assistance to States to prepare the identification and AMENDMENTS classification surveys required in subsec. (a)(1) of this 2002—Subsec. (a)(3), (4). Pub. L. 107–303 repealed Pub. section. L. 105–362, § 501(b). See 1998 Amendment note below. Subsec. (c)(2). Pub. L. 95–217, § 4(f), substituted 2000—Subsec. (c)(2). Pub. L. 106–457, § 701, substituted ‘‘$150,000,000 for the fiscal year 1975, $50,000,000 for fiscal ‘‘$50,000,000 for each of fiscal years 2001 through 2005’’ year 1977, $60,000,000 for fiscal year 1978, $60,000,000 for for ‘‘$50,000,000 for the fiscal year ending June 30, 1973; fiscal year 1979, and $60,000,000 for fiscal year 1980’’ for $100,000,000 for the fiscal year 1974; $150,000,000 for the ‘‘and $150,000,000 for the fiscal year 1975’’. fiscal year 1975, $50,000,000 for fiscal year 1977, $60,000,000 EFFECTIVE DATE OF 2002 AMENDMENT for fiscal year 1978, $60,000,000 for fiscal year 1979, $60,000,000 for fiscal year 1980, $30,000,000 for fiscal year Amendment by Pub. L. 107–303 effective Nov. 10, 1998, 1981, $30,000,000 for fiscal year 1982, such sums as may be and Federal Water Pollution Act (33 U.S.C. 1251 et seq.) necessary for fiscal years 1983 through 1985, and to be applied and administered on and after Nov. 27, $30,000,000 per fiscal year for each of the fiscal years 2002, as if amendments made by section 501(a)–(d) of 1986 through 1990’’. Pub. L. 105–362 had not been enacted, see section 302(b) Subsec. (d)(2). Pub. L. 106–457, § 702(1), inserted ‘‘Ot- of Pub. L. 107–303, set out as a note under section 1254 sego Lake, New York; Oneida Lake, New York; of this title. Raystown Lake, Pennsylvania; Swan Lake, Itasca County, Minnesota; Walker Lake, Nevada; Lake Tahoe, § 1325. National Study Commission California and Nevada; Ten Mile Lakes, Oregon; Woahink Lake, Oregon; Highland Lake, Connecticut; (a) Establishment Lily Lake, New Jersey; Strawbridge Lake, New Jersey; There is established a National Study Com- Baboosic Lake, New Hampshire; French Pond, New mission, which shall make a full and complete Hampshire; Dillon Reservoir, Ohio; Tohopekaliga Lake, investigation and study of all of the techno- Florida; Lake Apopka, Florida; Lake George, New logical aspects of achieving, and all aspects of York; Lake Wallenpaupack, Pennsylvania; Lake Allatoona, Georgia;’’ after ‘‘Sauk Lake, Minnesota;’’. the total economic, social, and environmental Subsec. (d)(3). Pub. L. 106–457, § 702(2), substituted effects of achieving or not achieving, the efflu- ‘‘Notwithstanding section 3003 of the Federal Reports ent limitations and goals set forth for 1983 in Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note; section 1311(b)(2) of this title. 109 Stat. 734–736), by’’ for ‘‘By’’. Subsec. (d)(4)(B)(i). Pub. L. 106–457, § 702(3), sub- (b) Membership; chairman stituted ‘‘$25,000,000’’ for ‘‘$15,000,000’’. Such Commission shall be composed of fifteen 1998—Subsec. (a)(3), (4). Pub. L. 105–362, § 501(b), which members, including five members of the Senate, directed the redesignation of par. (4) as (3) and striking who are members of the Environment and Pub- out of heading and text of par. (3), was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note lic Works committee, appointed by the Presi- below. dent of the Senate, five members of the House, 1995—Subsec. (d)(3). Pub. L. 104–66 substituted ‘‘By who are members of the Public Works and January 1, 1997, and January 1 of every odd-numbered Transportation committee, appointed by the year thereafter, the Administrator shall report to the Speaker of the House, and five members of the Committee on Transportation and Infrastructure’’ for public appointed by the President. The Chair- ‘‘The Administrator shall report annually to the Com- man of such Commission shall be elected from mittee on Public Works and Transportation’’. 1990—Subsec. (d)(2). Pub. L. 101–596 inserted ‘‘Lake among its members. Champlain, New York and Vermont;’’ before ‘‘Lake (c) Contract authority Houston, Texas’’. 1987—Subsec. (a). Pub. L. 100–4, § 315(a), amended sub- In the conduct of such study, the Commission sec. (a) generally. Prior to amendment, subsec. (a) read is authorized to contract with the National as follows: ‘‘Each State shall prepare or establish, and Academy of Sciences and the National Academy submit to the Administrator for his approval— of Engineering (acting through the National Re- § 1326 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 456 search Council), the National Institute of Ecol- REFERENCES IN TEXT ogy, Brookings Institution, and other non- Travel expenses, including per diem in lieu of subsist- governmental entities, for the investigation of ence as authorized by law, referred to subsec. (f), prob- matters within their competence. ably refers to the allowances authorized by section 5703 of Title 5, Government Organization and Employees. (d) Cooperation of departments, agencies, and The General Schedule, referred to in subsec. (g), is set instrumentalities of executive branch out under section 5332 of Title 5. The heads of the departments, agencies and in- The Rules of the House of Representatives for the strumentalities of the executive branch of the One Hundred Sixth Congress were adopted and amended Federal Government shall cooperate with the generally by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Provisions formerly ap- Commission in carrying out the requirements of pearing in rule 43, referred to in subsec. (g), were con- this section, and shall furnish to the Commis- tained in rule XXIV, which was subsequently renum- sion such information as the Commission deems bered Rule XXIII by House Resolution No. 5, One Hun- necessary to carry out this section. dred Seventh Congress, Jan. 3, 2001.

(e) Report to Congress AMENDMENTS A report shall be submitted to the Congress of 1976—Subsec. (h). Pub. L. 94–238 substituted the results of such investigation and study, to- ‘‘$17,250,000’’ for ‘‘$17,000,000’’. gether with recommendations, not later than 1975—Subsec. (h). Pub. L. 93–592 substituted three years after October 18, 1972. ‘‘$17,000,000’’ for ‘‘$15,000,000’’. 1973—Subsecs. (g), (h). Pub. L. 93–207 added subsec. (g) (f) Compensation and allowances and redesignated former subsec. (g) as (h).

The members of the Commission who are not CHANGE OF NAME officers or employees of the United States, while attending conferences or meetings of the Com- Committee on Public Works of Senate abolished and replaced by Committee on Environment and Public mission or while otherwise serving at the re- Works of Senate, effective Feb. 11, 1977. See Rule XXV quest of the Chairman shall be entitled to re- of Standing Rules of Senate, as amended by Senate ceive compensation at a rate not in excess of the Resolution No. 4 (popularly cited as the ‘‘Committee maximum rate of pay for Grade GS–18, as pro- System Reorganization Amendments of 1977’’), ap- vided in the General Schedule under section 5332 proved Feb. 4, 1977. of title 5, including traveltime and while away Committee on Public Works of House of Representa- from their homes or regular places of business tives changed to Committee on Public Works and they may be allowed travel expenses, including Transportation of House of Representatives, effective Jan. 3, 1975, by House Resolution No. 988, 93d Congress. per diem in lieu of subsistence as authorized by Committee on Public Works and Transportation of law for persons in the Government service em- House of Representatives treated as referring to Com- ployed intermittently. mittee on Transportation and Infrastructure of House (g) Appointment of personnel of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Con- In addition to authority to appoint personnel gress. subject to the provisions of title 5 governing ap- REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY pointments in the competitive service, and to RATES pay such personnel in accordance with the pro- visions of chapter 51 and subchapter III of chap- References in laws to the rates of pay for GS–16, 17, ter 53 of such title relating to classification and or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable General Schedule pay rates, the Commission under specified sections of Title 5, Government Organi- shall have authority to enter into contracts zation and Employees, see section 529 [title I, § 101(c)(1)] with private or public organizations who shall of Pub. L. 101–509, set out in a note under section 5376 furnish the Commission with such administra- of Title 5. tive and technical personnel as may be nec- essary to carry out the purpose of this section. § 1326. Thermal discharges Personnel furnished by such organizations under (a) Effluent limitations that will assure protec- this subsection are not, and shall not be consid- tion and propagation of balanced, indigenous ered to be, Federal employees for any purposes, population of shellfish, fish, and wildlife but in the performance of their duties shall be With respect to any point source otherwise guided by the standards which apply to employ- subject to the provisions of section 1311 of this ees of the legislative branches under rules 41 and title or section 1316 of this title, whenever the 43 1 of the Senate and House of Representatives, owner or operator of any such source, after op- respectively. portunity for public hearing, can demonstrate to (h) Authorization of appropriation the satisfaction of the Administrator (or, if ap- There is authorized to be appropriated, for use propriate, the State) that any effluent limita- in carrying out this section, not to exceed tion proposed for the control of the thermal $17,250,000. component of any discharge from such source will require effluent limitations more stringent (June 30, 1948, ch. 758, title III, § 315, as added than necessary to assure the projection and Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 875; propagation of a balanced, indigenous popu- amended Pub. L. 93–207, § 1(5), Dec. 28, 1973, 87 lation of shellfish, fish, and wildlife in and on Stat. 906; Pub. L. 93–592, § 5, Jan. 2, 1975, 88 Stat. the body of water into which the discharge is to 1925; Pub. L. 94–238, Mar. 23, 1976, 90 Stat. 250; H. be made, the Administrator (or, if appropriate, Res. 988, Oct. 8, 1974; S. Res. 4, Feb. 4, 1977.) the State) may impose an effluent limitation under such sections for such plant, with respect 1 See References in Text note below. to the thermal component of such discharge Page 457 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1329

(taking into account the interaction of such (b) Procedures and guidelines thermal component with other pollutants), that The Administrator shall by regulation estab- will assure the protection and propagation of a lish any procedures and guidelines which the balanced, indigenous population of shellfish, Administrator deems necessary to carry out this fish, and wildlife in and on that body of water. section. Such regulations shall require the ap- (b) Cooling water intake structures plication to such discharge of each criterion, Any standard established pursuant to section factor, procedure, and requirement applicable to 1311 of this title or section 1316 of this title and a permit issued under section 1342 of this title, applicable to a point source shall require that as the Administrator determines necessary to the location, design, construction, and capacity carry out the objective of this chapter. of cooling water intake structures reflect the (c) State administration best technology available for minimizing ad- Each State desiring to administer its own per- verse environmental impact. mit program within its jurisdiction for dis- (c) Period of protection from more stringent ef- charge of a specific pollutant or pollutants fluent limitations following discharge point under controlled conditions associated with an source modification commenced after Octo- approved aquaculture project may do so if upon ber 18, 1972 submission of such program the Administrator Notwithstanding any other provision of this determines such program is adequate to carry chapter, any point source of a discharge having out the objective of this chapter. a thermal component, the modification of which (June 30, 1948, ch. 758, title III, § 318, as added point source is commenced after October 18, Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 877; 1972, and which, as modified, meets effluent lim- amended Pub. L. 95–217, § 63, Dec. 27, 1977, 91 itations established under section 1311 of this Stat. 1599.) title or, if more stringent, effluent limitations AMENDMENTS established under section 1313 of this title and which effluent limitations will assure protection 1977—Subsec. (a). Pub. L. 95–217 inserted ‘‘pursuant to and propagation of a balanced, indigenous popu- section 1342 of this title’’ after ‘‘Federal or State super- vision’’. lation of shellfish, fish, and wildlife in or on the Subsec. (b). Pub. L. 95–217 struck out ‘‘, not later water into which the discharge is made, shall than January 1, 1974,’’ after ‘‘The Administrator shall not be subject to any more stringent effluent by regulation’’ in existing provisions and inserted pro- limitation with respect to the thermal compo- visions that the regulations require the application to nent of its discharge during a ten year period be- the discharge of each criterion, factor, procedure, and ginning on the date of completion of such modi- requirement applicable to a permit issued under sec- fication or during the period of depreciation or tion 1342 of this title, as the Administrator determines necessary to carry out the objectives of this chapter. amortization of such facility for the purpose of Subsec. (c). Pub. L. 95–217 added subsec. (c). section 167 or 169 (or both) of title 26, whichever period ends first. § 1329. Nonpoint source management programs (June 30, 1948, ch. 758, title III, § 316, as added (a) State assessment reports Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 876; (1) Contents amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 The Governor of each State shall, after no- Stat. 2095.) tice and opportunity for public comment, pre- AMENDMENTS pare and submit to the Administrator for ap- proval, a report which— 1986—Subsec. (c). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of (A) identifies those navigable waters with- 1954’’, which for purposes of codification was translated in the State which, without additional ac- as ‘‘title 26’’ thus requiring no change in text. tion to control nonpoint sources of pollu- tion, cannot reasonably be expected to at- § 1327. Omitted tain or maintain applicable water quality CODIFICATION standards or the goals and requirements of this chapter; Section, act June 30, 1948, ch. 758, title III, § 317, as (B) identifies those categories and sub- added Oct. 18, 1972, Pub. L. 92–500, § 2, 86 Stat. 877, au- thorized Administrator to investigate and study fea- categories of nonpoint sources or, where ap- sibility of alternate methods of financing cost of pre- propriate, particular nonpoint sources which venting, controlling, and abating pollution as directed add significant pollution to each portion of by Water Quality Improvement Act of 1970 and to re- the navigable waters identified under sub- port to Congress, not later than two years after Oct. 18, paragraph (A) in amounts which contribute 1972, the results of investigation and study accom- to such portion not meeting such water panied by recommendations for financing these pro- quality standards or such goals and require- grams for fiscal years beginning after 1976. ments; § 1328. Aquaculture (C) describes the process, including inter- governmental coordination and public par- (a) Authority to permit discharge of specific pol- ticipation, for identifying best management lutants practices and measures to control each cat- The Administrator is authorized, after public egory and subcategory of nonpoint sources hearings, to permit the discharge of a specific and, where appropriate, particular nonpoint pollutant or pollutants under controlled condi- sources identified under subparagraph (B) tions associated with an approved aquaculture and to reduce, to the maximum extent prac- project under Federal or State supervision pur- ticable, the level of pollution resulting from suant to section 1342 of this title. such category, subcategory, or source; and § 1329 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 458

(D) identifies and describes State and local which has independent legal counsel) that programs for controlling pollution added the laws of the State or States, as the case from nonpoint sources to, and improving the may be, provide adequate authority to im- quality of, each such portion of the navi- plement such management program or, if gable waters, including but not limited to there is not such adequate authority, a list those programs which are receiving Federal of such additional authorities as will be nec- assistance under subsections (h) and (i) of essary to implement such management pro- this section. gram. A schedule and commitment by the (2) Information used in preparation State or States to seek such additional au- thorities as expeditiously as practicable. In developing the report required by this (E) Sources of Federal and other assist- section, the State (A) may rely upon informa- ance and funding (other than assistance pro- tion developed pursuant to sections 1288, vided under subsections (h) and (i) of this 1313(e), 1314(f), 1315(b), and 1324 of this title, section) which will be available in each of and other information as appropriate, and (B) such fiscal years for supporting implementa- may utilize appropriate elements of the waste tion of such practices and measures and the treatment management plans developed pursu- purposes for which such assistance will be ant to sections 1288(b) and 1313 of this title, to used in each of such fiscal years. the extent such elements are consistent with (F) An identification of Federal financial and fulfill the requirements of this section. assistance programs and Federal develop- (b) State management programs ment projects for which the State will re- (1) In general view individual assistance applications or The Governor of each State, for that State development projects for their effect on or in combination with adjacent States, shall, water quality pursuant to the procedures set after notice and opportunity for public com- forth in Executive Order 12372 as in effect on ment, prepare and submit to the Adminis- September 17, 1983, to determine whether trator for approval a management program such assistance applications or development which such State proposes to implement in projects would be consistent with the pro- the first four fiscal years beginning after the gram prepared under this subsection; for the date of submission of such management pro- purposes of this subparagraph, identification gram for controlling pollution added from shall not be limited to the assistance pro- nonpoint sources to the navigable waters with- grams or development projects subject to in the State and improving the quality of such Executive Order 12372 but may include any waters. programs listed in the most recent Catalog (2) Specific contents of Federal Domestic Assistance which may have an effect on the purposes and objectives Each management program proposed for im- of the State’s nonpoint source pollution plementation under this subsection shall in- management program. clude each of the following: (A) An identification of the best manage- (3) Utilization of local and private experts ment practices and measures which will be In developing and implementing a manage- undertaken to reduce pollutant loadings re- ment program under this subsection, a State sulting from each category, subcategory, or shall, to the maximum extent practicable, in- particular nonpoint source designated under volve local public and private agencies and or- paragraph (1)(B), taking into account the ganizations which have expertise in control of impact of the practice on ground water qual- nonpoint sources of pollution. ity. (B) An identification of programs (includ- (4) Development on watershed basis ing, as appropriate, nonregulatory or regu- A State shall, to the maximum extent prac- latory programs for enforcement, technical ticable, develop and implement a management assistance, financial assistance, education, program under this subsection on a watershed- training, technology transfer, and dem- by-watershed basis within such State. onstration projects) to achieve implementa- tion of the best management practices by (c) Administrative provisions the categories, subcategories, and particular nonpoint sources designated under subpara- (1) Cooperation requirement graph (A). Any report required by subsection (a) of this (C) A schedule containing annual mile- section and any management program and re- stones for (i) utilization of the program im- port required by subsection (b) of this section plementation methods identified in subpara- shall be developed in cooperation with local, graph (B), and (ii) implementation of the substate regional, and interstate entities best management practices identified in sub- which are actively planning for the implemen- paragraph (A) by the categories, sub- tation of nonpoint source pollution controls categories, or particular nonpoint sources and have either been certified by the Adminis- designated under paragraph (1)(B). Such trator in accordance with section 1288 of this schedule shall provide for utilization of the title, have worked jointly with the State on best management practices at the earliest water quality management planning under practicable date. section 1285(j) of this title, or have been des- (D) A certification of the attorney general ignated by the State legislative body or Gov- of the State or States (or the chief attorney ernor as water quality management planning of any State water pollution control agency agencies for their geographic areas. Page 459 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1329

(2) Time period for submission of reports and report to Congress on his actions pursuant to management programs this section. Each report and management program shall (e) Local management programs; technical as- be submitted to the Administrator during the sistance 18-month period beginning on February 4, 1987. If a State fails to submit a management pro- (d) Approval or disapproval of reports and man- gram under subsection (b) of this section or the agement programs Administrator does not approve such a manage- (1) Deadline ment program, a local public agency or organi- zation which has expertise in, and authority to, Subject to paragraph (2), not later than 180 control water pollution resulting from nonpoint days after the date of submission to the Ad- sources in any area of such State which the Ad- ministrator of any report or management pro- ministrator determines is of sufficient geo- gram under this section (other than sub- graphic size may, with approval of such State, sections (h), (i), and (k) of this section), the request the Administrator to provide, and the Administrator shall either approve or dis- Administrator shall provide, technical assist- approve such report or management program, ance to such agency or organization in develop- as the case may be. The Administrator may ing for such area a management program which approve a portion of a management program is described in subsection (b) of this section and under this subsection. If the Administrator can be approved pursuant to subsection (d) of does not disapprove a report, management this section. After development of such manage- program, or portion of a management program ment program, such agency or organization in such 180-day period, such report, manage- shall submit such management program to the ment program, or portion shall be deemed ap- Administrator for approval. If the Adminis- proved for purposes of this section. trator approves such management program, (2) Procedure for disapproval such agency or organization shall be eligible to If, after notice and opportunity for public receive financial assistance under subsection (h) comment and consultation with appropriate of this section for implementation of such man- Federal and State agencies and other inter- agement program as if such agency or organiza- ested persons, the Administrator determines tion were a State for which a report submitted that— under subsection (a) of this section and a man- (A) the proposed management program or agement program submitted under subsection any portion thereof does not meet the re- (b) of this section were approved under this sec- quirements of subsection (b)(2) of this sec- tion. Such financial assistance shall be subject tion or is not likely to satisfy, in whole or in to the same terms and conditions as assistance part, the goals and requirements of this provided to a State under subsection (h) of this chapter; section. (B) adequate authority does not exist, or (f) Technical assistance for States adequate resources are not available, to im- Upon request of a State, the Administrator plement such program or portion; may provide technical assistance to such State (C) the schedule for implementing such in developing a management program approved program or portion is not sufficiently expe- under subsection (b) of this section for those ditious; or portions of the navigable waters requested by (D) the practices and measures proposed in such State. such program or portion are not adequate to (g) Interstate management conference reduce the level of pollution in navigable waters in the State resulting from nonpoint (1) Convening of conference; notification; pur- sources and to improve the quality of navi- pose gable waters in the State; If any portion of the navigable waters in any State which is implementing a management the Administrator shall within 6 months of program approved under this section is not the receipt of the proposed program notify the meeting applicable water quality standards or State of any revisions or modifications nec- the goals and requirements of this chapter as essary to obtain approval. The State shall a result, in whole or in part, of pollution from thereupon have an additional 3 months to sub- nonpoint sources in another State, such State mit its revised management program and the may petition the Administrator to convene, Administrator shall approve or disapprove and the Administrator shall convene, a man- such revised program within three months of agement conference of all States which con- receipt. tribute significant pollution resulting from (3) Failure of State to submit report nonpoint sources to such portion. If, on the If a Governor of a State does not submit the basis of information available, the Adminis- report required by subsection (a) of this sec- trator determines that a State is not meeting tion within the period specified by subsection applicable water quality standards or the (c)(2) of this section, the Administrator shall, goals and requirements of this chapter as a re- within 30 months after February 4, 1987, pre- sult, in whole or in part, of significant pollu- pare a report for such State which makes the tion from nonpoint sources in another State, identifications required by paragraphs (1)(A) the Administrator shall notify such States. and (1)(B) of subsection (a) of this section. The Administrator may convene a manage- Upon completion of the requirement of the ment conference under this paragraph not preceding sentence and after notice and oppor- later than 180 days after giving such notifica- tunity for comment, the Administrator shall tion, whether or not the State which is not § 1329 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 460

meeting such standards requests such con- section may be used to make grants to any ference. The purpose of such conference shall one State, including any grants to any local be to develop an agreement among such States public agency or organization with authority to reduce the level of pollution in such portion to control pollution from nonpoint sources in resulting from nonpoint sources and to im- any area of such State. prove the water quality of such portion. Noth- (5) Priority for effective mechanisms ing in such agreement shall supersede or abro- For each fiscal year beginning after Septem- gate rights to quantities of water which have ber 30, 1987, the Administrator may give prior- been established by interstate water com- ity in making grants under this subsection, pacts, Supreme Court decrees, or State water and shall give consideration in determining laws. This subsection shall not apply to any the Federal share of any such grant, to States pollution which is subject to the Colorado which have implemented or are proposing to River Basin Salinity Control Act [43 U.S.C. implement management programs which 1571 et seq.]. The requirement that the Admin- will— istrator convene a management conference (A) control particularly difficult or serious shall not be subject to the provisions of sec- nonpoint source pollution problems, includ- tion 1365 of this title. ing, but not limited to, problems resulting (2) State management program requirement from mining activities; To the extent that the States reach agree- (B) implement innovative methods or prac- ment through such conference, the manage- tices for controlling nonpoint sources of pol- ment programs of the States which are parties lution, including regulatory programs where to such agreements and which contribute sig- the Administrator deems appropriate; nificant pollution to the navigable waters or (C) control interstate nonpoint source pol- portions thereof not meeting applicable water lution problems; or quality standards or goals and requirements of (D) carry out ground water quality protec- this chapter will be revised to reflect such tion activities which the Administrator de- agreement. Such management programs shall termines are part of a comprehensive be consistent with Federal and State law. nonpoint source pollution control program, including research, planning, ground water (h) Grant program assessments, demonstration programs, en- (1) Grants for implementation of management forcement, technical assistance, education, programs and training to protect ground water quality Upon application of a State for which a re- from nonpoint sources of pollution. port submitted under subsection (a) of this (6) Availability for obligation section and a management program submitted The funds granted to each State pursuant to under subsection (b) of this section is approved this subsection in a fiscal year shall remain under this section, the Administrator shall available for obligation by such State for the make grants, subject to such terms and condi- fiscal year for which appropriated. The tions as the Administrator considers appro- amount of any such funds not obligated by the priate, under this subsection to such State for end of such fiscal year shall be available to the the purpose of assisting the State in imple- Administrator for granting to other States menting such management program. Funds re- under this subsection in the next fiscal year. served pursuant to section 1285(j)(5) of this title may be used to develop and implement (7) Limitation on use of funds such management program. States may use funds from grants made pur- (2) Applications suant to this section for financial assistance to persons only to the extent that such assist- An application for a grant under this sub- ance is related to the costs of demonstration section in any fiscal year shall be in such form projects. and shall contain such other information as (8) Satisfactory progress the Administrator may require, including an identification and description of the best man- No grant may be made under this subsection agement practices and measures which the in any fiscal year to a State which in the pre- State proposes to assist, encourage, or require ceding fiscal year received a grant under this in such year with the Federal assistance to be subsection unless the Administrator deter- provided under the grant. mines that such State made satisfactory progress in such preceding fiscal year in meet- (3) Federal share ing the schedule specified by such State under The Federal share of the cost of each man- subsection (b)(2) of this section. agement program implemented with Federal (9) Maintenance of effort assistance under this subsection in any fiscal year shall not exceed 60 percent of the cost in- No grant may be made to a State under this curred by the State in implementing such subsection in any fiscal year unless such State management program and shall be made on enters into such agreements with the Adminis- condition that the non-Federal share is pro- trator as the Administrator may require to en- vided from non-Federal sources. sure that such State will maintain its aggre- gate expenditures from all other sources for (4) Limitation on grant amounts programs for controlling pollution added to Notwithstanding any other provision of this the navigable waters in such State from subsection, not more than 15 percent of the nonpoint sources and improving the quality of amount appropriated to carry out this sub- such waters at or above the average level of Page 461 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1329

such expenditures in its two fiscal years pre- ceive under this subsection in any fiscal year ceding February 4, 1987. shall not exceed $150,000. (10) Request for information (4) Report The Administrator may request such infor- The Administrator shall include in each re- mation, data, and reports as he considers nec- port transmitted under subsection (m) of this essary to make the determination of continu- section a report on the activities and pro- ing eligibility for grants under this section. grams implemented under this subsection dur- (11) Reporting and other requirements ing the preceding fiscal year. Each State shall report to the Administrator (j) Authorization of appropriations on an annual basis concerning (A) its progress There is authorized to be appropriated to in meeting the schedule of milestones submit- carry out subsections (h) and (i) of this section ted pursuant to subsection (b)(2)(C) of this sec- not to exceed $70,000,000 for fiscal year 1988, tion, and (B) to the extent that appropriate in- $100,000,000 per fiscal year for each of fiscal years formation is available, reductions in nonpoint 1989 and 1990, and $130,000,000 for fiscal year 1991; source pollutant loading and improvements in except that for each of such fiscal years not to water quality for those navigable waters or exceed $7,500,000 may be made available to carry watersheds within the State which were iden- out subsection (i) of this section. Sums appro- tified pursuant to subsection (a)(1)(A) of this priated pursuant to this subsection shall remain section resulting from implementation of the available until expended. management program. (k) Consistency of other programs and projects (12) Limitation on administrative costs with management programs For purposes of this subsection, administra- The Administrator shall transmit to the Office tive costs in the form of salaries, overhead, or of Management and Budget and the appropriate indirect costs for services provided and Federal departments and agencies a list of those charged against activities and programs car- assistance programs and development projects ried out with a grant under this subsection identified by each State under subsection shall not exceed in any fiscal year 10 percent (b)(2)(F) of this section for which individual as- of the amount of the grant in such year, ex- sistance applications and projects will be re- cept that costs of implementing enforcement viewed pursuant to the procedures set forth in and regulatory activities, education, training, Executive Order 12372 as in effect on September technical assistance, demonstration projects, 17, 1983. Beginning not later than sixty days and technology transfer programs shall not be after receiving notification by the Adminis- subject to this limitation. trator, each Federal department and agency (i) Grants for protecting groundwater quality shall modify existing regulations to allow (1) Eligible applicants and activities States to review individual development projects and assistance applications under the Upon application of a State for which a re- identified Federal assistance programs and shall port submitted under subsection (a) of this accommodate, according to the requirements section and a plan submitted under subsection and definitions of Executive Order 12372, as in ef- (b) of this section is approved under this sec- fect on September 17, 1983, the concerns of the tion, the Administrator shall make grants State regarding the consistency of such applica- under this subsection to such State for the tions or projects with the State nonpoint source purpose of assisting such State in carrying out pollution management program. groundwater quality protection activities which the Administrator determines will ad- (l) Collection of information vance the State toward implementation of a The Administrator shall collect and make comprehensive nonpoint source pollution con- available, through publications and other appro- trol program. Such activities shall include, priate means, information pertaining to man- but not be limited to, research, planning, agement practices and implementation meth- groundwater assessments, demonstration pro- ods, including, but not limited to, (1) informa- grams, enforcement, technical assistance, edu- tion concerning the costs and relative effi- cation and training to protect the quality of ciencies of best management practices for reduc- groundwater and to prevent contamination of ing nonpoint source pollution; and (2) available groundwater from nonpoint sources of pollu- data concerning the relationship between water tion. quality and implementation of various manage- (2) Applications ment practices to control nonpoint sources of An application for a grant under this sub- pollution. section shall be in such form and shall contain (m) Reports of Administrator such information as the Administrator may (1) Annual reports require. Not later than January 1, 1988, and each Jan- (3) Federal share; maximum amount uary 1 thereafter, the Administrator shall The Federal share of the cost of assisting a transmit to the Committee on Public Works State in carrying out groundwater protection and Transportation of the House of Represent- activities in any fiscal year under this sub- atives and the Committee on Environment and section shall be 50 percent of the costs in- Public Works of the Senate, a report for the curred by the State in carrying out such ac- preceding fiscal year on the activities and pro- tivities, except that the maximum amount of grams implemented under this section and the Federal assistance which any State may re- progress made in reducing pollution in the § 1330 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 462

navigable waters resulting from nonpoint AMENDMENTS sources and improving the quality of such wa- 2002—Subsecs. (i)(4), (m), (n). Pub. L. 107–303 repealed ters. Pub. L. 105–362, § 501(c). See 1998 Amendment note below. (2) Final report 1998—Subsec. (i)(4). Pub. L. 105–362, § 501(c)(1), which Not later than January 1, 1990, the Adminis- directed the striking out of heading and text of par. (4), trator shall transmit to Congress a final re- was repealed by Pub. L. 107–303. See Effective Date of port on the activities carried out under this 2002 Amendment note below. Subsecs. (m), (n). Pub. L. 105–362, § 501(c)(2), (3), which section. Such report, at a minimum, shall— directed the redesignation of subsec. (n) as (m) and (A) describe the management programs striking out of heading and text of former subsec. (m), being implemented by the States by types was repealed by Pub. L. 107–303. See Effective Date of and amount of affected navigable waters, 2002 Amendment note below. categories and subcategories of nonpoint CHANGE OF NAME sources, and types of best management prac- tices being implemented; Committee on Public Works and Transportation of (B) describe the experiences of the States House of Representatives treated as referring to Com- in adhering to schedules and implementing mittee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set best management practices; out as a note preceding section 21 of Title 2, The Con- (C) describe the amount and purpose of gress. grants awarded pursuant to subsections (h) and (i) of this section; EFFECTIVE DATE OF 2002 AMENDMENT (D) identify, to the extent that informa- Amendment by Pub. L. 107–303 effective Nov. 10, 1998, tion is available, the progress made in reduc- and Federal Water Pollution Act (33 U.S.C. 1251 et seq.) ing pollutant loads and improving water to be applied and administered on and after Nov. 27, quality in the navigable waters; 2002, as if amendments made by section 501(a)–(d) of (E) indicate what further actions need to Pub. L. 105–362 had not been enacted, see section 302(b) of Pub. L. 107–303, set out as a note under section 1254 be taken to attain and maintain in those of this title. navigable waters (i) applicable water quality standards, and (ii) the goals and require- § 1330. National estuary program ments of this chapter; (F) include recommendations of the Ad- (a) Management conference ministrator concerning future programs (in- (1) Nomination of estuaries cluding enforcement programs) for control- The Governor of any State may nominate to ling pollution from nonpoint sources; and the Administrator an estuary lying in whole (G) identify the activities and programs of or in part within the State as an estuary of departments, agencies, and instrumental- national significance and request a manage- ities of the United States which are incon- ment conference to develop a comprehensive sistent with the management programs sub- management plan for the estuary. The nomi- mitted by the States and recommend modi- nation shall document the need for the con- fications so that such activities and pro- ference, the likelihood of success, and infor- grams are consistent with and assist the mation relating to the factors in paragraph States in implementation of such manage- (2). ment programs. (2) Convening of conference (n) Set aside for administrative personnel (A) In general Not less than 5 percent of the funds appro- In any case where the Administrator de- priated pursuant to subsection (j) of this section termines, on his own initiative or upon nom- for any fiscal year shall be available to the Ad- ination of a State under paragraph (1), that ministrator to maintain personnel levels at the the attainment or maintenance of that Environmental Protection Agency at levels water quality in an estuary which assures which are adequate to carry out this section in protection of public water supplies and the such year. protection and propagation of a balanced, in- digenous population of shellfish, fish, and (June 30, 1948, ch. 758, title III, § 319, as added wildlife, and allows recreational activities, Pub. L. 100–4, title III, § 316(a), Feb. 4, 1987, 101 in and on the water, requires the control of Stat. 52; amended Pub. L. 105–362, title V, point and nonpoint sources of pollution to § 501(c), Nov. 10, 1998, 112 Stat. 3283; Pub. L. supplement existing controls of pollution in 107–303, title III, § 302(b)(1), Nov. 27, 2002, 116 more than one State, the Administrator Stat. 2361.) shall select such estuary and convene a man- agement conference. REFERENCES IN TEXT (B) Priority consideration Executive Order 12372, referred to in subsecs. (b)(2)(F) and (k), is Ex. Ord. No. 12372, July 14, 1982, 47 F.R. 30959, The Administrator shall give priority con- as amended, which is set out under section 6506 of Title sideration under this section to Long Island 31, Money and Finance. Sound, New York and Connecticut; Narra- The Colorado River Basin Salinity Control Act, re- gansett Bay, Rhode Island; Buzzards Bay, ferred to in subsec. (g)(1), is Pub. L. 93–320, June 24, Massachusetts; Massachusetts Bay, Massa- 1974, 88 Stat. 266, as amended, which is classified prin- cipally to chapter 32A (§ 1571 et seq.) of Title 43, Public chusetts (including Cape Cod Bay and Bos- Lands. For complete classification of this Act to the ton Harbor); Puget Sound, Washington; New Code, see Short Title note set out under section 1571 of York-New Jersey Harbor, New York and New Title 43 and Tables. Jersey; Delaware Bay, Delaware and New Page 463 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1330

Jersey; Delaware Inland Bays, Delaware; Al- minimum, the Administrator and representa- bemarle Sound, North Carolina; Sarasota tives of— Bay, Florida; San Francisco Bay, California; (1) each State and foreign nation located in Santa Monica Bay, California; Galveston whole or in part in the estuarine zone of the Bay, Texas; Barataria-Terrebonne Bay estu- estuary for which the conference is convened; ary complex, Louisiana; Indian River La- (2) international, interstate, or regional goon, Florida; Lake Pontchartrain Basin, agencies or entities having jurisdiction over Louisiana and Mississippi; and Peconic Bay, all or a significant part of the estuary; New York. (3) each interested Federal agency, as deter- (3) Boundary dispute exception mined appropriate by the Administrator; (4) local governments having jurisdiction In any case in which a boundary between over any land or water within the estuarine two States passes through an estuary and such zone, as determined appropriate by the Admin- boundary is disputed and is the subject of an istrator; and action in any court, the Administrator shall (5) affected industries, public and private not convene a management conference with educational institutions, and the general pub- respect to such estuary before a final adjudica- lic, as determined appropriate by the Adminis- tion has been made of such dispute. trator. (b) Purposes of conference (d) Utilization of existing data The purposes of any management conference convened with respect to an estuary under this In developing a conservation and management subsection shall be to— plan under this section, the management con- (1) assess trends in water quality, natural re- ference shall survey and utilize existing reports, sources, and uses of the estuary; data, and studies relating to the estuary that (2) collect, characterize, and assess data on have been developed by or made available to toxics, nutrients, and natural resources within Federal, interstate, State, and local agencies. the estuarine zone to identify the causes of en- (e) Period of conference vironmental problems; A management conference convened under (3) develop the relationship between the in- this section shall be convened for a period not to place loads and point and nonpoint loadings of exceed 5 years. Such conference may be ex- pollutants to the estuarine zone and the po- tended by the Administrator, and if terminated tential uses of the zone, water quality, and after the initial period, may be reconvened by natural resources; the Administrator at any time thereafter, as (4) develop a comprehensive conservation may be necessary to meet the requirements of and management plan that recommends prior- this section. ity corrective actions and compliance sched- (f) Approval and implementation of plans ules addressing point and nonpoint sources of pollution to restore and maintain the chemi- (1) Approval cal, physical, and biological integrity of the Not later than 120 days after the completion estuary, including restoration and mainte- of a conservation and management plan and nance of water quality, a balanced indigenous after providing for public review and com- population of shellfish, fish and wildlife, and ment, the Administrator shall approve such recreational activities in the estuary, and as- plan if the plan meets the requirements of this sure that the designated uses of the estuary section and the affected Governor or Gov- are protected; ernors concur. (5) develop plans for the coordinated imple- (2) Implementation mentation of the plan by the States as well as Upon approval of a conservation and man- Federal and local agencies participating in the agement plan under this section, such plan conference; (6) monitor the effectiveness of actions shall be implemented. Funds authorized to be taken pursuant to the plan; and appropriated under subchapters II and VI of (7) review all Federal financial assistance this chapter and section 1329 of this title may programs and Federal development projects in be used in accordance with the applicable re- accordance with the requirements of Execu- quirements of this chapter to assist States tive Order 12372, as in effect on September 17, with the implementation of such plan. 1983, to determine whether such assistance (g) Grants program or project would be consistent with (1) Recipients and further the purposes and objectives of the The Administrator is authorized to make plan prepared under this section. grants to State, interstate, and regional water For purposes of paragraph (7), such programs pollution control agencies and entities, State and projects shall not be limited to the assist- coastal zone management agencies, interstate ance programs and development projects subject agencies, other public or nonprofit private to Executive Order 12372, but may include any agencies, institutions, organizations, and indi- programs listed in the most recent Catalog of viduals. Federal Domestic Assistance which may have an (2) Purposes effect on the purposes and objectives of the plan Grants under this subsection shall be made developed under this section. to pay for activities necessary for the develop- (c) Members of conference ment and implementation of a comprehensive The members of a management conference conservation and management plan under this convened under this section shall include, at a section. § 1330 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 464

(3) Federal share studies which determine the state of estua- The Federal share of a grant to any person rine zones and the effects of natural and an- (including a State, interstate, or regional thropogenic changes, and (ii) predictive agency or entity) under this subsection for a models capable of translating information fiscal year— on specific discharges or general pollutant (A) shall not exceed— loadings within estuarine zones into a set of (i) 75 percent of the annual aggregate probable effects on such zones; (C) a comprehensive water quality sam- costs of the development of a comprehen- pling program for the continuous monitor- sive conservation and management plan; ing of nutrients, chlorine, acid precipitation and dissolved oxygen, and potentially toxic pol- (ii) 50 percent of the annual aggregate lutants (including organic chemicals and costs of the implementation of the plan; metals) in estuarine zones, after consulta- and tion with interested State, local, interstate, (B) shall be made on condition that the or international agencies and review and non-Federal share of the costs are provided analysis of all environmental sampling data from non-Federal sources. presently collected from estuarine zones; (h) Grant reporting and (D) a program of research to identify the Any person (including a State, interstate, or movements of nutrients, sediments and pol- regional agency or entity) that receives a grant lutants through estuarine zones and the im- under subsection (g) of this section shall report pact of nutrients, sediments, and pollutants to the Administrator not later than 18 months on water quality, the ecosystem, and des- after receipt of such grant and biennially there- ignated or potential uses of the estuarine after on the progress being made under this sec- zones. tion. (2) Reports (i) Authorization of appropriations The Administrator, in cooperation with the There are authorized to be appropriated to the Administrator of the National Oceanic and At- Administrator not to exceed $35,000,000 for each mospheric Administration, shall submit to the of fiscal years 2001 through 2010 for— Congress no less often than biennially a com- (1) expenses related to the administration of prehensive report on the activities authorized management conferences under this section, under this subsection including— not to exceed 10 percent of the amount appro- (A) a listing of priority monitoring and re- priated under this subsection; search needs; (2) making grants under subsection (g) of (B) an assessment of the state and health this section; and of the Nation’s estuarine zones, to the ex- (3) monitoring the implementation of a con- tent evaluated under this subsection; servation and management plan by the man- (C) a discussion of pollution problems and agement conference or by the Administrator, trends in pollutant concentrations with a di- in any case in which the conference has been rect or indirect effect on water quality, the terminated. ecosystem, and designated or potential uses of each estuarine zone, to the extent evalu- The Administrator shall provide up to $5,000,000 ated under this subsection; and per fiscal year of the sums authorized to be ap- (D) an evaluation of pollution abatement propriated under this subsection to the Adminis- activities and management measures so far trator of the National Oceanic and Atmospheric implemented to determine the degree of im- Administration to carry out subsection (j) of provement toward the objectives expressed this section. in subsection (b)(4) of this section. (j) Research (k) Definitions (1) Programs For purposes of this section, the terms ‘‘estu- In order to determine the need to convene a ary’’ and ‘‘estuarine zone’’ have the meanings management conference under this section or such terms have in section 1254(n)(4) of this at the request of such a management con- title, except that the term ‘‘estuarine zone’’ ference, the Administrator shall coordinate shall also include associated aquatic ecosystems and implement, through the National Marine and those portions of tributaries draining into Pollution Program Office and the National the estuary up to the historic height of migra- Marine Fisheries Service of the National Oce- tion of anadromous fish or the historic head of anic and Atmospheric Administration, as ap- tidal influence, whichever is higher. propriate, for one or more estuarine zones— (June 30, 1948, ch. 758, title III, § 320, as added (A) a long-term program of trend assess- Pub. L. 100–4, title III, § 317(b), Feb. 4, 1987, 101 ment monitoring measuring variations in Stat. 61; amended Pub. L. 100–202, § 101(f) [title pollutant concentrations, marine ecology, II, 201], Dec. 22, 1987, 101 Stat. 1329–187, 1329–197; and other physical or biological environ- Pub. L. 100–653, title X, § 1004, Nov. 14, 1988, 102 mental parameters which may affect estua- Stat. 3836; Pub. L. 100–688, title II, § 2001, Nov. 18, rine zones, to provide the Administrator the 1988, 102 Stat. 4151; Pub. L. 105–362, title V, capacity to determine the potential and ac- § 501(a)(2), Nov. 10, 1998, 112 Stat. 3283; Pub. L. tual effects of alternative management 106–457, title III, §§ 301—303, Nov. 7, 2000, 114 Stat. strategies and measures; 1972; Pub. L. 107–303, title III, § 302(b)(1), Nov. 27, (B) a program of ecosystem assessment as- 2002, 116 Stat. 2361; Pub. L. 108–399, § 1, Oct. 30, sisting in the development of (i) baseline 2004, 118 Stat. 2253.) Page 465 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1330

REFERENCES IN TEXT ‘‘(1) Massachusetts Bay comprises a single major estuarine and oceanographic system extending from Executive Order 12372, referred to in subsec. (b), is Ex. Cape Ann, Massachusetts south to the northern Ord. No. 12372, July 14, 1982, 47 F.R. 30959, as amended, reaches of Cape Cod, encompassing Boston Harbor, which is set out under section 6506 of Title 31, Money Massachusetts Bay, and Cape Cod Bay; and Finance. ‘‘(2) several major riverine systems, including the AMENDMENTS Charles, Neponset, and Mystic Rivers, drain the wa- tersheds of eastern Massachusetts into the Bay; 2004—Subsec. (i). Pub. L. 108–399 substituted ‘‘2010’’ ‘‘(3) the shorelines of Massachusetts Bay, first occu- for ‘‘2005’’ in introductory provisions. pied in the middle 1600’s, are home to over 4 million 2002—Subsec. (k). Pub. L. 107–303 repealed Pub. L. people and support a thriving industrial and rec- 105–362, § 501(a)(2). See 1998 Amendment note below. reational economy; 2000—Subsec. (a)(2)(B). Pub. L. 106–457, § 301, inserted ‘‘(4) Massachusetts Bay supports important com- ‘‘Lake Pontchartrain Basin, Louisiana and Mis- mercial fisheries, including lobsters, finfish, and sissippi;’’ before ‘‘and Peconic Bay, New York.’’ shellfisheries, and is home to or frequented by several Subsec. (g)(2), (3). Pub. L. 106–457, § 302, added pars. (2) endangered species and marine mammals; and (3) and struck out former pars. (2) and (3) which ‘‘(5) Massachusetts Bay also constitutes an impor- read as follows: tant recreational resource, providing fishing, swim- ‘‘(2) PURPOSES.—Grants under this subsection shall be ming, and boating opportunities to the region; made to pay for assisting research, surveys, studies, ‘‘(6) rapidly expanding coastal populations and pol- and modeling and other technical work necessary for lution pose increasing threats to the long-term the development of a conservation and management health and integrity of Massachusetts Bay; plan under this section. ‘‘(7) while the cleanup of Boston Harbor will con- ‘‘(3) FEDERAL SHARE.—The amount of grants to any tribute significantly to improving the overall envi- person (including a State, interstate, or regional agen- ronmental quality of Massachusetts Bay, expanded cy or entity) under this subsection for a fiscal year efforts encompassing the entire ecosystem will be shall not exceed 75 percent of the costs of such re- necessary to ensure its long-term health; search, survey, studies, and work and shall be made on ‘‘(8) the concerted efforts of all levels of Govern- condition that the non-Federal share of such costs are ment, the private sector, and the public at large will provided from non-Federal sources.’’ be necessary to protect and enhance the environ- Subsec. (i). Pub. L. 106–457, § 303, substituted mental integrity of Massachusetts Bay; and ‘‘$35,000,000 for each of fiscal years 2001 through 2005’’ ‘‘(9) the designation of Massachusetts Bay as an Es- for ‘‘$12,000,000 per fiscal year for each of fiscal years tuary of National Significance and the development 1987, 1988, 1989, 1990, and 1991’’. of a comprehensive plan for protecting and restoring 1998—Subsec. (k). Pub. L. 105–362, § 501(a)(2), which di- the Bay may contribute significantly to its long-term rected the substitution of ‘‘section 1254(n)(3)’’ for ‘‘sec- health and environmental integrity. tion 1254(n)(4)’’, was repealed by Pub. L. 107–303. See Ef- ‘‘(b) PURPOSE.—The purpose of this title is to protect fective Date of 2002 Amendment note below. and enhance the environmental quality of Massachu- 1988—Subsec. (a)(2)(B). Pub. L. 100–653, § 1004, and Pub. setts Bay by providing for its designation as an Estuary L. 100–688, § 2001(1), made identical amendments, insert- of National Significance and by providing for the prep- ing ‘‘Massachusetts Bay, Massachusetts (including aration of a comprehensive restoration plan for the Cape Cod Bay and Boston Harbor);’’ after ‘‘Buzzards Bay. Bay, Massachusetts;’’. ‘‘SEC. 1005. FUNDING SOURCES. Pub. L. 100–688, § 2001(2), substituted ‘‘California; Gal- veston’’ for ‘‘California; and Galveston’’. ‘‘Within one year of enactment [Nov. 14, 1988], the Ad- Pub. L. 100–688, § 2001(3), which directed insertion of ministrator of the United States Environmental Pro- ‘‘; Barataria-Terrebonne Bay estuary complex, Louisi- tection Agency and the Governor of Massachusetts ana; Indian River Lagoon, Florida; and Peconic Bay, shall undertake to identify and make available sources New York’’ after ‘‘Galveston Bay, Texas;’’ was executed of funding to support activities pertaining to Massa- by making insertion after ‘‘Galveston Bay, Texas’’ as chusetts Bay undertaken pursuant to or authorized by probable intent of Congress. section 320 of the Clean Water Act [33 U.S.C. 1330], and 1987—Subsec. (a)(2)(B). Pub. L. 100–202 inserted shall make every effort to coordinate existing research, ‘‘Santa Monica Bay, California;’’. monitoring or control efforts with such activities.’’ PURPOSES AND POLICIES OF NATIONAL ESTUARY EFFECTIVE DATE OF 2002 AMENDMENT PROGRAM Amendment by Pub. L. 107–303 effective Nov. 10, 1998, Section 317(a) of Pub. L. 100–4 provided that: and Federal Water Pollution Act (33 U.S.C. 1251 et seq.) ‘‘(1) FINDINGS.—Congress finds and declares that— to be applied and administered on and after Nov. 27, ‘‘(A) the Nation’s estuaries are of great importance 2002, as if amendments made by section 501(a)–(d) of for fish and wildlife resources and recreation and eco- Pub. L. 105–362 had not been enacted, see section 302(b) nomic opportunity; of Pub. L. 107–303, set out as a note under section 1254 ‘‘(B) maintaining the health and ecological integ- of this title. rity of these estuaries is in the national interest; MASSACHUSETTS BAY PROTECTION; DEFINITION; ‘‘(C) increasing coastal population, development, FINDINGS AND PURPOSE; FUNDING SOURCES and other direct and indirect uses of these estuaries threaten their health and ecological integrity; Sections 1002, 1003, 1005 of title X of Pub. L. 100–653 ‘‘(D) long-term planning and management will con- provided that: tribute to the continued productivity of these areas, ‘‘SEC. 1002. DEFINITION. and will maximize their utility to the Nation; and ‘‘For purposes of this title [amending section 1330 of ‘‘(E) better coordination among Federal and State this title and enacting provisions set out as notes programs affecting estuaries will increase the effec- under sections 1251 and 1330 of this title], the term tiveness and efficiency of the national effort to pro- ‘Massachusetts Bay’ includes Massachusetts Bay, Cape tect, preserve, and restore these areas. Cod Bay, and Boston Harbor, consisting of an area ex- ‘‘(2) PURPOSES.—The purposes of this section [enact- tending from Cape Ann, Massachusetts south to the ing this section] are to— northern reach of Cape Cod, Massachusetts. ‘‘(A) identify nationally significant estuaries that are threatened by pollution, development, or overuse; ‘‘SEC. 1003. FINDINGS AND PURPOSE. ‘‘(B) promote comprehensive planning for, and con- ‘‘(a) FINDINGS.—The Congress finds and declares servation and management of, nationally significant that— estuaries; § 1341 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 466

‘‘(C) encourage the preparation of management such license or permit and requests a public plans for estuaries of national significance; and hearing on such objection, the licensing or per- ‘‘(D) enhance the coordination of estuarine re- mitting agency shall hold such a hearing. The search.’’ Administrator shall at such hearing submit his SUBCHAPTER IV—PERMITS AND LICENSES evaluation and recommendations with respect to any such objection to the licensing or permit- § 1341. Certification ting agency. Such agency, based upon the rec- (a) Compliance with applicable requirements; ommendations of such State, the Administrator, application; procedures; license suspension and upon any additional evidence, if any, pre- sented to the agency at the hearing, shall condi- (1) Any applicant for a Federal license or per- tion such license or permit in such manner as mit to conduct any activity including, but not may be necessary to insure compliance with ap- limited to, the construction or operation of fa- plicable water quality requirements. If the im- cilities, which may result in any discharge into position of conditions cannot insure such com- the navigable waters, shall provide the licensing pliance such agency shall not issue such license or permitting agency a certification from the or permit. State in which the discharge originates or will (3) The certification obtained pursuant to originate, or, if appropriate, from the interstate paragraph (1) of this subsection with respect to water pollution control agency having jurisdic- the construction of any facility shall fulfill the tion over the navigable waters at the point requirements of this subsection with respect to where the discharge originates or will originate, certification in connection with any other Fed- that any such discharge will comply with the eral license or permit required for the operation applicable provisions of sections 1311, 1312, 1313, of such facility unless, after notice to the cer- 1316, and 1317 of this title. In the case of any tifying State, agency, or Administrator, as the such activity for which there is not an applica- case may be, which shall be given by the Federal ble effluent limitation or other limitation under agency to whom application is made for such op- sections 1311(b) and 1312 of this title, and there erating license or permit, the State, or if appro- is not an applicable standard under sections 1316 priate, the interstate agency or the Adminis- and 1317 of this title, the State shall so certify, trator, notifies such agency within sixty days except that any such certification shall not be after receipt of such notice that there is no deemed to satisfy section 1371(c) of this title. longer reasonable assurance that there will be Such State or interstate agency shall establish compliance with the applicable provisions of procedures for public notice in the case of all ap- sections 1311, 1312, 1313, 1316, and 1317 of this plications for certification by it and, to the ex- title because of changes since the construction tent it deems appropriate, procedures for public license or permit certification was issued in (A) hearings in connection with specific applica- the construction or operation of the facility, (B) tions. In any case where a State or interstate the characteristics of the waters into which agency has no authority to give such a certifi- such discharge is made, (C) the water quality cation, such certification shall be from the Ad- criteria applicable to such waters or (D) applica- ministrator. If the State, interstate agency, or ble effluent limitations or other requirements. Administrator, as the case may be, fails or re- This paragraph shall be inapplicable in any case fuses to act on a request for certification, within where the applicant for such operating license a reasonable period of time (which shall not ex- or permit has failed to provide the certifying ceed one year) after receipt of such request, the State, or, if appropriate, the interstate agency certification requirements of this subsection or the Administrator, with notice of any pro- shall be waived with respect to such Federal ap- posed changes in the construction or operation plication. No license or permit shall be granted of the facility with respect to which a construc- until the certification required by this section tion license or permit has been granted, which has been obtained or has been waived as pro- changes may result in violation of section 1311, vided in the preceding sentence. No license or 1312, 1313, 1316, or 1317 of this title. permit shall be granted if certification has been (4) Prior to the initial operation of any feder- denied by the State, interstate agency, or the ally licensed or permitted facility or activity Administrator, as the case may be. which may result in any discharge into the navi- (2) Upon receipt of such application and cer- gable waters and with respect to which a certifi- tification the licensing or permitting agency cation has been obtained pursuant to paragraph shall immediately notify the Administrator of (1) of this subsection, which facility or activity such application and certification. Whenever is not subject to a Federal operating license or such a discharge may affect, as determined by permit, the licensee or permittee shall provide the Administrator, the quality of the waters of an opportunity for such certifying State, or, if any other State, the Administrator within thir- appropriate, the interstate agency or the Ad- ty days of the date of notice of application for ministrator to review the manner in which the such Federal license or permit shall so notify facility or activity shall be operated or con- such other State, the licensing or permitting ducted for the purposes of assuring that applica- agency, and the applicant. If, within sixty days ble effluent limitations or other limitations or after receipt of such notification, such other other applicable water quality requirements will State determines that such discharge will affect not be violated. Upon notification by the cer- the quality of its waters so as to violate any tifying State, or if appropriate, the interstate water quality requirements in such State, and agency or the Administrator that the operation within such sixty-day period notifies the Admin- of any such federally licensed or permitted facil- istrator and the licensing or permitting agency ity or activity will violate applicable effluent in writing of its objection to the issuance of limitations or other limitations or other water Page 467 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1342 quality requirements such Federal agency may, Federal license or permit will comply with any after public hearing, suspend such license or per- applicable effluent limitations and other limita- mit. If such license or permit is suspended, it tions, under section 1311 or 1312 of this title, shall remain suspended until notification is re- standard of performance under section 1316 of ceived from the certifying State, agency, or Ad- this title, or prohibition, effluent standard, or ministrator, as the case may be, that there is pretreatment standard under section 1317 of this reasonable assurance that such facility or activ- title, and with any other appropriate require- ity will not violate the applicable provisions of ment of State law set forth in such certification, section 1311, 1312, 1313, 1316, or 1317 of this title. and shall become a condition on any Federal li- (5) Any Federal license or permit with respect cense or permit subject to the provisions of this to which a certification has been obtained under section. paragraph (1) of this subsection may be sus- (June 30, 1948, ch. 758, title IV, § 401, as added pended or revoked by the Federal agency issuing Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 877; such license or permit upon the entering of a amended Pub. L. 95–217, §§ 61(b), 64, Dec. 27, 1977, judgment under this chapter that such facility 91 Stat. 1598, 1599.) or activity has been operated in violation of the applicable provisions of section 1311, 1312, 1313, AMENDMENTS 1316, or 1317 of this title. 1977—Subsec. (a). Pub. L. 95–217 inserted reference to (6) Except with respect to a permit issued section 1313 of this title in pars. (1), (3), (4), and (5), under section 1342 of this title, in any case struck out par. (6) which provided that no Federal where actual construction of a facility has been agency be deemed an applicant for purposes of this sub- lawfully commenced prior to April 3, 1970, no section, and redesignated par. (7) as (6). certification shall be required under this sub- section for a license or permit issued after April § 1342. National pollutant discharge elimination 3, 1970, to operate such facility, except that any system such license or permit issued without certifi- (a) Permits for discharge of pollutants cation shall terminate April 3, 1973, unless prior to such termination date the person having such (1) Except as provided in sections 1328 and 1344 license or permit submits to the Federal agency of this title, the Administrator may, after op- which issued such license or permit a certifi- portunity for public hearing issue a permit for cation and otherwise meets the requirements of the discharge of any pollutant, or combination this section. of pollutants, notwithstanding section 1311(a) of this title, upon condition that such discharge (b) Compliance with other provisions of law set- will meet either (A) all applicable requirements ting applicable water quality requirements under sections 1311, 1312, 1316, 1317, 1318, and 1343 Nothing in this section shall be construed to of this title, or (B) prior to the taking of nec- limit the authority of any department or agency essary implementing actions relating to all such pursuant to any other provision of law to re- requirements, such conditions as the Adminis- quire compliance with any applicable water trator determines are necessary to carry out the quality requirements. The Administrator shall, provisions of this chapter. upon the request of any Federal department or (2) The Administrator shall prescribe condi- agency, or State or interstate agency, or appli- tions for such permits to assure compliance with cant, provide, for the purpose of this section, the requirements of paragraph (1) of this sub- any relevant information on applicable effluent section, including conditions on data and infor- limitations, or other limitations, standards, reg- mation collection, reporting, and such other re- ulations, or requirements, or water quality cri- quirements as he deems appropriate. teria, and shall, when requested by any such de- (3) The permit program of the Administrator partment or agency or State or interstate agen- under paragraph (1) of this subsection, and per- cy, or applicant, comment on any methods to mits issued thereunder, shall be subject to the comply with such limitations, standards, regula- same terms, conditions, and requirements as tions, requirements, or criteria. apply to a State permit program and permits is- (c) Authority of Secretary of the Army to permit sued thereunder under subsection (b) of this sec- use of spoil disposal areas by Federal li- tion. censees or permittees (4) All permits for discharges into the navi- gable waters issued pursuant to section 407 of In order to implement the provisions of this this title shall be deemed to be permits issued section, the Secretary of the Army, acting under this subchapter, and permits issued under through the Chief of Engineers, is authorized, if this subchapter shall be deemed to be permits is- he deems it to be in the public interest, to per- sued under section 407 of this title, and shall mit the use of spoil disposal areas under his ju- continue in force and effect for their term unless risdiction by Federal licensees or permittees, revoked, modified, or suspended in accordance and to make an appropriate charge for such use. with the provisions of this chapter. Moneys received from such licensees or permit- (5) No permit for a discharge into the navi- tees shall be deposited in the Treasury as mis- gable waters shall be issued under section 407 of cellaneous receipts. this title after October 18, 1972. Each application (d) Limitations and monitoring requirements of for a permit under section 407 of this title, pend- certification ing on October 18, 1972, shall be deemed to be an Any certification provided under this section application for a permit under this section. The shall set forth any effluent limitations and Administrator shall authorize a State, which he other limitations, and monitoring requirements determines has the capability of administering a necessary to assure that any applicant for a permit program which will carry out the objec- § 1342 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 468 tives of this chapter to issue permits for dis- (5) To insure that any State (other than the charges into the navigable waters within the ju- permitting State), whose waters may be affected risdiction of such State. The Administrator may by the issuance of a permit may submit written exercise the authority granted him by the pre- recommendations to the permitting State (and ceding sentence only during the period which be- the Administrator) with respect to any permit gins on October 18, 1972, and ends either on the application and, if any part of such written rec- ninetieth day after the date of the first promul- ommendations are not accepted by the permit- gation of guidelines required by section 1314(i)(2) ting State, that the permitting State will notify of this title, or the date of approval by the Ad- such affected State (and the Administrator) in ministrator of a permit program for such State writing of its failure to so accept such recom- under subsection (b) of this section, whichever mendations together with its reasons for so date first occurs, and no such authorization to a doing; State shall extend beyond the last day of such (6) To insure that no permit will be issued if, period. Each such permit shall be subject to in the judgment of the Secretary of the Army such conditions as the Administrator deter- acting through the Chief of Engineers, after con- mines are necessary to carry out the provisions sultation with the Secretary of the department of this chapter. No such permit shall issue if the in which the Coast Guard is operating, anchor- Administrator objects to such issuance. age and navigation of any of the navigable wa- (b) State permit programs ters would be substantially impaired thereby; (7) To abate violations of the permit or the At any time after the promulgation of the permit program, including civil and criminal guidelines required by subsection (i)(2) of sec- penalties and other ways and means of enforce- tion 1314 of this title, the Governor of each State ment; desiring to administer its own permit program (8) To insure that any permit for a discharge for discharges into navigable waters within its from a publicly owned treatment works includes jurisdiction may submit to the Administrator a conditions to require the identification in terms full and complete description of the program it of character and volume of pollutants of any sig- proposes to establish and administer under nificant source introducing pollutants subject to State law or under an interstate compact. In ad- pretreatment standards under section 1317(b) of dition, such State shall submit a statement this title into such works and a program to as- from the attorney general (or the attorney for sure compliance with such pretreatment stand- those State water pollution control agencies ards by each such source, in addition to ade- which have independent legal counsel), or from quate notice to the permitting agency of (A) the chief legal officer in the case of an inter- new introductions into such works of pollutants state agency, that the laws of such State, or the from any source which would be a new source as interstate compact, as the case may be, provide defined in section 1316 of this title if such source adequate authority to carry out the described were discharging pollutants, (B) new introduc- program. The Administrator shall approve each tions of pollutants into such works from a submitted program unless he determines that source which would be subject to section 1311 of adequate authority does not exist: this title if it were discharging such pollutants, (1) To issue permits which— or (C) a substantial change in volume or char- (A) apply, and insure compliance with, any acter of pollutants being introduced into such applicable requirements of sections 1311, 1312, works by a source introducing pollutants into 1316, 1317, and 1343 of this title; (B) are for fixed terms not exceeding five such works at the time of issuance of the per- years; and mit. Such notice shall include information on (C) can be terminated or modified for cause the quality and quantity of effluent to be intro- including, but not limited to, the following: duced into such treatment works and any antici- (i) violation of any condition of the per- pated impact of such change in the quantity or mit; quality of effluent to be discharged from such (ii) obtaining a permit by misrepresenta- publicly owned treatment works; and tion, or failure to disclose fully all relevant (9) To insure that any industrial user of any facts; publicly owned treatment works will comply (iii) change in any condition that requires with sections 1284(b), 1317, and 1318 of this title. either a temporary or permanent reduction (c) Suspension of Federal program upon submis- or elimination of the permitted discharge; sion of State program; withdrawal of ap- (D) control the disposal of pollutants into proval of State program; return of State pro- wells; gram to Administrator (2)(A) To issue permits which apply, and in- (1) Not later than ninety days after the date sure compliance with, all applicable require- on which a State has submitted a program (or ments of section 1318 of this title; or revision thereof) pursuant to subsection (b) of (B) To inspect, monitor, enter, and require re- this section, the Administrator shall suspend ports to at least the same extent as required in the issuance of permits under subsection (a) of section 1318 of this title; this section as to those discharges subject to (3) To insure that the public, and any other such program unless he determines that the State the waters of which may be affected, re- State permit program does not meet the re- ceive notice of each application for a permit and quirements of subsection (b) of this section or to provide an opportunity for public hearing be- does not conform to the guidelines issued under fore a ruling on each such application; section 1314(i)(2) of this title. If the Adminis- (4) To insure that the Administrator receives trator so determines, he shall notify the State notice of each application (including a copy of any revisions or modifications necessary to thereof) for a permit; conform to such requirements or guidelines. Page 469 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1342

(2) Any State permit program under this sec- (e) Waiver of notification requirement tion shall at all times be in accordance with this In accordance with guidelines promulgated section and guidelines promulgated pursuant to pursuant to subsection (i)(2) of section 1314 of section 1314(i)(2) of this title. this title, the Administrator is authorized to (3) Whenever the Administrator determines waive the requirements of subsection (d) of this after public hearing that a State is not admin- section at the time he approves a program pur- istering a program approved under this section suant to subsection (b) of this section for any in accordance with requirements of this section, category (including any class, type, or size with- he shall so notify the State and, if appropriate in such category) of point sources within the corrective action is not taken within a reason- State submitting such program. able time, not to exceed ninety days, the Admin- istrator shall withdraw approval of such pro- (f) Point source categories gram. The Administrator shall not withdraw ap- The Administrator shall promulgate regula- proval of any such program unless he shall first tions establishing categories of point sources have notified the State, and made public, in which he determines shall not be subject to the writing, the reasons for such withdrawal. requirements of subsection (d) of this section in (4) LIMITATIONS ON PARTIAL PERMIT PROGRAM any State with a program approved pursuant to RETURNS AND WITHDRAWALS.—A State may re- subsection (b) of this section. The Administrator turn to the Administrator administration, and may distinguish among classes, types, and sizes the Administrator may withdraw under para- within any category of point sources. graph (3) of this subsection approval, of— (g) Other regulations for safe transportation, (A) a State partial permit program approved handling, carriage, storage, and stowage of under subsection (n)(3) of this section only if pollutants the entire permit program being administered Any permit issued under this section for the by the State department or agency at the time discharge of pollutants into the navigable wa- is returned or withdrawn; and ters from a vessel or other floating craft shall be (B) a State partial permit program approved subject to any applicable regulations promul- under subsection (n)(4) of this section only if gated by the Secretary of the department in an entire phased component of the permit pro- which the Coast Guard is operating, establishing gram being administered by the State at the specifications for safe transportation, handling, time is returned or withdrawn. carriage, storage, and stowage of pollutants. (d) Notification of Administrator (h) Violation of permit conditions; restriction or (1) Each State shall transmit to the Adminis- prohibition upon introduction of pollutant trator a copy of each permit application re- by source not previously utilizing treatment ceived by such State and provide notice to the works Administrator of every action related to the In the event any condition of a permit for dis- consideration of such permit application, includ- charges from a treatment works (as defined in ing each permit proposed to be issued by such section 1292 of this title) which is publicly State. owned is violated, a State with a program ap- (2) No permit shall issue (A) if the Adminis- proved under subsection (b) of this section or trator within ninety days of the date of his noti- the Administrator, where no State program is fication under subsection (b)(5) of this section approved or where the Administrator deter- objects in writing to the issuance of such per- mines pursuant to section 1319(a) of this title mit, or (B) if the Administrator within ninety that a State with an approved program has not days of the date of transmittal of the proposed commenced appropriate enforcement action permit by the State objects in writing to the is- with respect to such permit, may proceed in a suance of such permit as being outside the court of competent jurisdiction to restrict or guidelines and requirements of this chapter. prohibit the introduction of any pollutant into Whenever the Administrator objects to the issu- such treatment works by a source not utilizing ance of a permit under this paragraph such writ- such treatment works prior to the finding that ten objection shall contain a statement of the such condition was violated. reasons for such objection and the effluent limi- tations and conditions which such permit would (i) Federal enforcement not limited include if it were issued by the Administrator. Nothing in this section shall be construed to (3) The Administrator may, as to any permit limit the authority of the Administrator to take application, waive paragraph (2) of this sub- action pursuant to section 1319 of this title. section. (j) Public information (4) In any case where, after December 27, 1977, A copy of each permit application and each the Administrator, pursuant to paragraph (2) of permit issued under this section shall be avail- this subsection, objects to the issuance of a per- able to the public. Such permit application or mit, on request of the State, a public hearing permit, or portion thereof, shall further be shall be held by the Administrator on such ob- available on request for the purpose of reproduc- jection. If the State does not resubmit such per- tion. mit revised to meet such objection within 30 days after completion of the hearing, or, if no (k) Compliance with permits hearing is requested within 90 days after the Compliance with a permit issued pursuant to date of such objection, the Administrator may this section shall be deemed compliance, for pur- issue the permit pursuant to subsection (a) of poses of sections 1319 and 1365 of this title, with this section for such source in accordance with sections 1311, 1312, 1316, 1317, and 1343 of this the guidelines and requirements of this chapter. title, except any standard imposed under section § 1342 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 470

1317 of this title for a toxic pollutant injurious relieve such treatment works of its obligations to human health. Until December 31, 1974, in any to meet requirements established under this case where a permit for discharge has been ap- chapter, or otherwise preclude such works from plied for pursuant to this section, but final ad- pursuing whatever feasible options are available ministrative disposition of such application has to meet its responsibility to comply with its not been made, such discharge shall not be a permit under this section. violation of (1) section 1311, 1316, or 1342 of this (n) Partial permit program title, or (2) section 407 of this title, unless the Administrator or other plaintiff proves that (1) State submission final administrative disposition of such applica- The Governor of a State may submit under tion has not been made because of the failure of subsection (b) of this section a permit program the applicant to furnish information reasonably for a portion of the discharges into the navi- required or requested in order to process the ap- gable waters in such State. plication. For the 180-day period beginning on (2) Minimum coverage October 18, 1972, in the case of any point source A partial permit program under this sub- discharging any pollutant or combination of pol- section shall cover, at a minimum, adminis- lutants immediately prior to such date which tration of a major category of the discharges source is not subject to section 407 of this title, into the navigable waters of the State or a the discharge by such source shall not be a vio- major component of the permit program re- lation of this chapter if such a source applies for quired by subsection (b) of this section. a permit for discharge pursuant to this section within such 180-day period. (3) Approval of major category partial permit (l) Limitation on permit requirement programs (1) Agricultural return flows The Administrator may approve a partial permit program covering administration of a The Administrator shall not require a per- major category of discharges under this sub- mit under this section for discharges com- section if— posed entirely of return flows from irrigated (A) such program represents a complete agriculture, nor shall the Administrator di- permit program and covers all of the dis- rectly or indirectly, require any State to re- charges under the jurisdiction of a depart- quire such a permit. ment or agency of the State; and (2) Stormwater runoff from oil, gas, and min- (B) the Administrator determines that the ing operations partial program represents a significant and The Administrator shall not require a per- identifiable part of the State program re- mit under this section, nor shall the Adminis- quired by subsection (b) of this section. trator directly or indirectly require any State (4) Approval of major component partial per- to require a permit, for discharges of storm- mit programs water runoff from mining operations or oil and gas exploration, production, processing, or The Administrator may approve under this treatment operations or transmission facili- subsection a partial and phased permit pro- ties, composed entirely of flows which are gram covering administration of a major com- from conveyances or systems of conveyances ponent (including discharge categories) of a (including but not limited to pipes, conduits, State permit program required by subsection ditches, and channels) used for collecting and (b) of this section if— conveying precipitation runoff and which are (A) the Administrator determines that the not contaminated by contact with, or do not partial program represents a significant and come into contact with, any overburden, raw identifiable part of the State program re- material, intermediate products, finished quired by subsection (b) of this section; and product, byproduct, or waste products located (B) the State submits, and the Adminis- on the site of such operations. trator approves, a plan for the State to as- sume administration by phases of the re- (m) Additional pretreatment of conventional pol- mainder of the State program required by lutants not required subsection (b) of this section by a specified To the extent a treatment works (as defined in date not more than 5 years after submission section 1292 of this title) which is publicly of the partial program under this subsection owned is not meeting the requirements of a per- and agrees to make all reasonable efforts to mit issued under this section for such treatment assume such administration by such date. works as a result of inadequate design or oper- (o) Anti-backsliding ation of such treatment works, the Adminis- trator, in issuing a permit under this section, (1) General prohibition shall not require pretreatment by a person in- In the case of effluent limitations estab- troducing conventional pollutants identified lished on the basis of subsection (a)(1)(B) of pursuant to section 1314(a)(4) of this title into this section, a permit may not be renewed, re- such treatment works other than pretreatment issued, or modified on the basis of effluent required to assure compliance with pre- guidelines promulgated under section 1314(b) treatment standards under subsection (b)(8) of of this title subsequent to the original issu- this section and section 1317(b)(1) of this title. ance of such permit, to contain effluent limi- Nothing in this subsection shall affect the Ad- tations which are less stringent than the com- ministrator’s authority under sections 1317 and parable effluent limitations in the previous 1319 of this title, affect State and local author- permit. In the case of effluent limitations es- ity under sections 1317(b)(4) and 1370 of this title, tablished on the basis of section 1311(b)(1)(C) Page 471 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1342

or section 1313(d) or (e) of this title, a permit tain a less stringent effluent limitation if the may not be renewed, reissued, or modified to implementation of such limitation would re- contain effluent limitations which are less sult in a violation of a water quality standard stringent than the comparable effluent limita- under section 1313 of this title applicable to tions in the previous permit except in compli- such waters. ance with section 1313(d)(4) of this title. (p) Municipal and industrial stormwater dis- (2) Exceptions charges A permit with respect to which paragraph (1) (1) General rule applies may be renewed, reissued, or modified Prior to October 1, 1994, the Administrator to contain a less stringent effluent limitation or the State (in the case of a permit program applicable to a pollutant if— approved under this section) shall not require (A) material and substantial alterations or a permit under this section for discharges additions to the permitted facility occurred composed entirely of stormwater. after permit issuance which justify the ap- (2) Exceptions plication of a less stringent effluent limita- tion; Paragraph (1) shall not apply with respect to (B)(i) information is available which was the following stormwater discharges: not available at the time of permit issuance (A) A discharge with respect to which a (other than revised regulations, guidance, or permit has been issued under this section be- test methods) and which would have justi- fore February 4, 1987. fied the application of a less stringent efflu- (B) A discharge associated with industrial ent limitation at the time of permit issu- activity. ance; or (C) A discharge from a municipal separate (ii) the Administrator determines that storm sewer system serving a population of technical mistakes or mistaken interpreta- 250,000 or more. tions of law were made in issuing the permit (D) A discharge from a municipal separate under subsection (a)(1)(B) of this section; storm sewer system serving a population of (C) a less stringent effluent limitation is 100,000 or more but less than 250,000. necessary because of events over which the (E) A discharge for which the Adminis- permittee has no control and for which there trator or the State, as the case may be, de- is no reasonably available remedy; termines that the stormwater discharge con- (D) the permittee has received a permit tributes to a violation of a water quality modification under section 1311(c), 1311(g), standard or is a significant contributor of 1311(h), 1311(i), 1311(k), 1311(n), or 1326(a) of pollutants to waters of the United States. this title; or (3) Permit requirements (E) the permittee has installed the treat- (A) Industrial discharges ment facilities required to meet the effluent limitations in the previous permit and has Permits for discharges associated with in- properly operated and maintained the facili- dustrial activity shall meet all applicable ties but has nevertheless been unable to provisions of this section and section 1311 of achieve the previous effluent limitations, in this title. which case the limitations in the reviewed, (B) Municipal discharge reissued, or modified permit may reflect the Permits for discharges from municipal level of pollutant control actually achieved storm sewers— (but shall not be less stringent than required (i) may be issued on a system- or juris- by effluent guidelines in effect at the time of diction-wide basis; permit renewal, reissuance, or modification). (ii) shall include a requirement to effec- Subparagraph (B) shall not apply to any re- tively prohibit non-stormwater discharges vised waste load allocations or any alternative into the storm sewers; and grounds for translating water quality stand- (iii) shall require controls to reduce the ards into effluent limitations, except where discharge of pollutants to the maximum the cumulative effect of such revised alloca- extent practicable, including management tions results in a decrease in the amount of practices, control techniques and system, pollutants discharged into the concerned wa- design and engineering methods, and such ters, and such revised allocations are not the other provisions as the Administrator or result of a discharger eliminating or substan- the State determines appropriate for the tially reducing its discharge of pollutants due control of such pollutants. to complying with the requirements of this (4) Permit application requirements chapter or for reasons otherwise unrelated to (A) Industrial and large municipal dis- water quality. charges (3) Limitations Not later than 2 years after February 4, In no event may a permit with respect to 1987, the Administrator shall establish regu- which paragraph (1) applies be renewed, re- lations setting forth the permit application issued, or modified to contain an effluent limi- requirements for stormwater discharges de- tation which is less stringent than required by scribed in paragraphs (2)(B) and (2)(C). Appli- effluent guidelines in effect at the time the cations for permits for such discharges shall permit is renewed, reissued, or modified. In no be filed no later than 3 years after February event may such a permit to discharge into wa- 4, 1987. Not later than 4 years after February ters be renewed, reissued, or modified to con- 4, 1987, the Administrator or the State, as § 1342 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 472

the case may be, shall issue or deny each the Administrator on April 11, 1994 (in this such permit. Any such permit shall provide subsection referred to as the ‘‘CSO control pol- for compliance as expeditiously as prac- icy’’). ticable, but in no event later than 3 years (2) Water quality and designated use review after the date of issuance of such permit. guidance (B) Other municipal discharges Not later than July 31, 2001, and after pro- Not later than 4 years after February 4, viding notice and opportunity for public com- 1987, the Administrator shall establish regu- ment, the Administrator shall issue guidance lations setting forth the permit application to facilitate the conduct of water quality and requirements for stormwater discharges de- designated use reviews for municipal combined scribed in paragraph (2)(D). Applications for sewer overflow receiving waters. permits for such discharges shall be filed no (3) Report later than 5 years after February 4, 1987. Not Not later than September 1, 2001, the Admin- later than 6 years after February 4, 1987, the istrator shall transmit to Congress a report on Administrator or the State, as the case may the progress made by the Environmental Pro- be, shall issue or deny each such permit. Any tection Agency, States, and municipalities in such permit shall provide for compliance as implementing and enforcing the CSO control expeditiously as practicable, but in no event policy. later than 3 years after the date of issuance (r) Discharges incidental to the normal operation of such permit. of recreational vessels (5) Studies No permit shall be required under this chapter The Administrator, in consultation with the by the Administrator (or a State, in the case of States, shall conduct a study for the purposes a permit program approved under subsection (b)) of— for the discharge of any graywater, bilge water, (A) identifying those stormwater dis- cooling water, weather deck runoff, oil water charges or classes of stormwater discharges separator effluent, or effluent from properly for which permits are not required pursuant functioning marine engines, or any other dis- to paragraphs (1) and (2) of this subsection; charge that is incidental to the normal oper- (B) determining, to the maximum extent ation of a vessel, if the discharge is from a rec- practicable, the nature and extent of pollut- reational vessel. ants in such discharges; and (C) establishing procedures and methods to (June 30, 1948, ch. 758, title IV, § 402, as added control stormwater discharges to the extent Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 880; necessary to mitigate impacts on water amended Pub. L. 95–217, §§ 33(c), 50, 54(c)(1), 65, 66, quality. Dec. 27, 1977, 91 Stat. 1577, 1588, 1591, 1599, 1600; Pub. L. 100–4, title IV, §§ 401–404(a), 404(c), for- Not later than October 1, 1988, the Adminis- merly 404(d), 405, Feb. 4, 1987, 101 Stat. 65–67, 69, trator shall submit to Congress a report on the renumbered § 404(c), Pub. L. 104–66, title II, results of the study described in subpara- § 2021(e)(2), Dec. 21, 1995, 109 Stat. 727; Pub. L. graphs (A) and (B). Not later than October 1, 102–580, title III, § 364, Oct. 31, 1992, 106 Stat. 4862; 1989, the Administrator shall submit to Con- Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 112(a)], gress a report on the results of the study de- Dec. 21, 2000, 114 Stat. 2763, 2763A–224; Pub. L. scribed in subparagraph (C). 110–288, § 2, July 29, 2008, 122 Stat. 2650.) (6) Regulations AMENDMENTS Not later than October 1, 1993, the Adminis- 2008—Subsec. (r). Pub. L. 110–288 added subsec. (r). trator, in consultation with State and local of- 2000—Subsec. (q). Pub. L. 106–554 added subsec. (q). ficials, shall issue regulations (based on the 1992—Subsec. (p)(1), (6). Pub. L. 102–580 substituted results of the studies conducted under para- ‘‘October 1, 1994’’ for ‘‘October 1, 1992’’ in par. (1) and graph (5)) which designate stormwater dis- ‘‘October 1, 1993’’ for ‘‘October 1, 1992’’ in par. (6). charges, other than those discharges described 1987—Subsec. (a)(1). Pub. L. 100–4, § 404(c), inserted cl. (A) and (B) designations. in paragraph (2), to be regulated to protect Subsec. (c)(1). Pub. L. 100–4, § 403(b)(2), substituted ‘‘as water quality and shall establish a comprehen- to those discharges’’ for ‘‘as to those navigable wa- sive program to regulate such designated ters’’. sources. The program shall, at a minimum, (A) Subsec. (c)(4). Pub. L. 100–4, § 403(b)(1), added par. (4). establish priorities, (B) establish requirements Subsec. (l). Pub. L. 100–4, § 401, inserted ‘‘Limitation for State stormwater management programs, on permit requirement’’ as subsec. heading designated and (C) establish expeditious deadlines. The existing provisions as par. (1) and inserted par. heading, added par. (2), and aligned pars. (1) and (2). program may include performance standards, Subsecs. (m) to (p). Pub. L. 100–4, §§ 402, 403(a), 404(a), guidelines, guidance, and management prac- 405, added subsecs. (m) to (p). tices and treatment requirements, as appro- 1977—Subsec. (a)(5). Pub. L. 95–217, § 50, substituted priate. ‘‘section 1314(i)(2)’’ for ‘‘section 1314(h)(2)’’. Subsec. (b). Pub. L. 95–217, § 50, substituted in provi- (q) Combined sewer overflows sions preceding par. (1) ‘‘subsection (i)(2) of section (1) Requirement for permits, orders, and de- 1314’’ for ‘‘subsection (h)(2) of section 1314’’. crees Subsec. (b)(8). Pub. L. 95–217, § 54(c)(1), inserted ref- Each permit, order, or decree issued pursu- erence to identification in terms of character and vol- ume of pollutants of any significant source introducing ant to this chapter after December 21, 2000, for pollutants subject to pretreatment standards under a discharge from a municipal combined storm section 1317(b) of this title into treatment works and and sanitary sewer shall conform to the Com- programs to assure compliance with pretreatment bined Sewer Overflow Control Policy signed by standards by each source. Page 473 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1342

Subsec. (c)(1), (2). Pub. L. 95–217, § 50, substituted of the enactment of this Act [July 31, 2008] and ending ‘‘section 1314(i)(2)’’ for ‘‘section 1314(h)(2)’’. on December 18, 2013, the Administrator, or a State in Subsec. (d)(2). Pub. L. 95–217, § 65(b), inserted provi- the case of a permit program approved under section sion requiring that, whenever the Administrator ob- 402 of the Federal Water Pollution Control Act (33 jects to the issuance of a permit under subsec. (d)(2) of U.S.C. 1342), shall not require a permit under that sec- this section, the written objection contain a statement tion for a covered vessel for— of the reasons for the objection and the effluent limita- ‘‘(1) any discharge of effluent from properly func- tions and conditions which the permit would include if tioning marine engines; it were issued by the Administrator. ‘‘(2) any discharge of laundry, shower, and galley Subsec. (d)(4). Pub. L. 95–217, § 65(a), added par. (4). sink wastes; or Subsec. (e). Pub. L. 95–217, § 50, substituted ‘‘sub- ‘‘(3) any other discharge incidental to the normal section (i)(2) of section 1314’’ for ‘‘subsection (h)(2) of operation of a covered vessel. section 1314’’. ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply with Subsec. (h). Pub. L. 95–217, § 66, substituted ‘‘where no respect to— State program is approved or where the Administrator ‘‘(1) rubbish, trash, garbage, or other such mate- determines pursuant to section 1319(a) of this title that rials discharged overboard; a State with an approved program has not commenced ‘‘(2) other discharges when the vessel is operating appropriate enforcement action with respect to such in a capacity other than as a means of transpor- permit,’’ for ‘‘where no State program is approved,’’. tation, such as when— Subsec. (l). Pub. L. 95–217, § 33(c), added subsec. (l). ‘‘(A) used as an energy or mining facility; TRANSFER OF FUNCTIONS ‘‘(B) used as a storage facility or a seafood proc- essing facility; For transfer of authorities, functions, personnel, and ‘‘(C) secured to a storage facility or a seafood assets of the Coast Guard, including the authorities processing facility; or and functions of the Secretary of Transportation relat- ‘‘(D) secured to the bed of the ocean, the contig- ing thereto, to the Department of Homeland Security, uous zone, or waters of the United States for the and for treatment of related references, see sections purpose of mineral or oil exploration or develop- 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- ment; rity, and the Department of Homeland Security Reor- ‘‘(3) any discharge of ballast water; or ganization Plan of November 25, 2002, as modified, set ‘‘(4) any discharge in a case in which the Adminis- out as a note under section 542 of Title 6. trator or State, as appropriate, determines that the Enforcement functions of Administrator or other offi- discharge— cial of the Environmental Protection Agency under ‘‘(A) contributes to a violation of a water quality this section relating to compliance with national pol- standard; or lutant discharge elimination system permits with re- ‘‘(B) poses an unacceptable risk to human health spect to pre-construction, construction, and initial op- or the environment.’’ eration of transportation system for Canadian and Alaskan natural gas were transferred to the Federal In- STORMWATER PERMIT REQUIREMENTS spector, Office of Federal Inspector for the Alaska Nat- Pub. L. 102–240, title I, § 1068, Dec. 18, 1991, 105 Stat. ural Gas Transportation System, until the first anni- 2007, provided that: versary of the date of initial operation of the Alaska ‘‘(a) GENERAL RULE.—Notwithstanding the require- Natural Gas Transportation System, see Reorg. Plan ments of sections 402(p)(2)(B), (C), and (D) of the Fed- No. 1 of 1979, §§ 102(a), 203(a), 44 F.R. 33663, 33666, 93 Stat. eral Water Pollution Control Act [33 U.S.C. 1373, 1376, effective July 1, 1979, set out in the Appendix 1342(p)(2)(B), (C), (D)], permit application deadlines for to Title 5, Government Organization and Employees. stormwater discharges associated with industrial ac- Office of Federal Inspector for the Alaska Natural Gas tivities from facilities that are owned or operated by a Transportation System abolished and functions and au- municipality shall be established by the Administrator thority vested in Inspector transferred to Secretary of of the Environmental Protection Agency (hereinafter Energy by section 3012(b) of Pub. L. 102–486, set out as in this section referred to as the ‘Administrator’) pur- an Abolition of Office of Federal Inspector note under suant to the requirements of this section. section 719e of Title 15, Commerce and Trade. Func- ‘‘(b) PERMIT APPLICATIONS.— tions and authority vested in Secretary of Energy sub- ‘‘(1) INDIVIDUAL APPLICATIONS.—The Administrator sequently transferred to Federal Coordinator for Alas- shall require individual permit applications for dis- ka Natural Gas Transportation Projects by section charges described in subsection (a) on or before Octo- 720d(f) of Title 15. ber 1, 1992; except that any municipality that has par- PERMIT REQUIREMENTS FOR DISCHARGES FROM CERTAIN ticipated in a timely part I group application for an VESSELS industrial activity discharging stormwater that is de- nied such participation in a group application or for Pub. L. 110–299, §§ 1, 2, July 31, 2008, 122 Stat. 2995, as which a group application is denied shall not be re- amended by Pub. L. 111–215, § 1, July 30, 2010, 124 Stat. quired to submit an individual application until the 2347, provided that: 180th day following the date on which the denial is ‘‘SECTION 1. DEFINITIONS. made. ‘‘In this Act: ‘‘(2) GROUP APPLICATIONS.—With respect to group ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ applications for permits for discharges described in means the Administrator of the Environmental Pro- subsection (a), the Administrator shall require— tection Agency. ‘‘(A) part I applications on or before September ‘‘(2) COVERED VESSEL.—The term ‘covered vessel’ 30, 1991, except that any municipality with a popu- means a vessel that is— lation of less than 250,000 shall not be required to ‘‘(A) less than 79 feet in length; or submit a part I application before May 18, 1992; and ‘‘(B) a fishing vessel (as defined in section 2101 of ‘‘(B) part II applications on or before October 1, title 46, United States Code), regardless of the 1992, except that any municipality with a popu- length of the vessel. lation of less than 250,000 shall not be required to ‘‘(3) OTHER TERMS.—The terms ‘contiguous zone’, submit a part II application before May 17, 1993. ‘discharge’, ‘ocean’, and ‘State’ have the meanings ‘‘(c) MUNICIPALITIES WITH LESS THAN 100,000 POPU- given the terms in section 502 of the Federal Water LATION.—The Administrator shall not require any mu- Pollution Control Act (33 U.S.C. 1362). nicipality with a population of less than 100,000 to ‘‘SEC. 2. DISCHARGES INCIDENTAL TO NORMAL OP- apply for or obtain a permit for any stormwater dis- ERATION OF VESSELS. charge associated with an industrial activity other ‘‘(a) NO PERMIT REQUIREMENT.—Except as provided in than an airport, powerplant, or uncontrolled sanitary subsection (b), during the period beginning on the date landfill owned or operated by such municipality before § 1343 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 474

October 1, 1992, unless such permit is required by sec- 302, 306, 307, 308, and 403 of such Act [33 U.S.C. 1311, 1312, tion 402(p)(2)(A) or (E) of the Federal Water Pollution 1316, 1317, 1318, and 1343], a separate application for a Control Act [33 U.S.C. 1342(p)(2)(A), (E)]. permit under section 402 of such Act shall not there- ‘‘(d) UNCONTROLLED SANITARY LANDFILL DEFINED.— after be required. In any case where the Administrator For the purposes of this section, the term ‘uncontrolled demonstrates, after an opportunity for a hearing, that sanitary landfill’ means a landfill or open dump, the terms of a permit issued on or before October 22, whether in operation or closed, that does not meet the 1985, under section 404 of such Act do not satisfy the ap- requirements for run-on and run-off controls estab- plicable requirements of sections 301, 302, 306, 307, 308, lished pursuant to subtitle D of the Solid Waste Dis- and 403 of such Act, modifications to the existing per- posal Act [42 U.S.C. 6941 et seq.]. mit under section 404 of such Act to incorporate such ‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—Noth- applicable requirements shall be issued by the Adminis- ing in this section shall be construed to affect any ap- trator as an alternative to issuance of a separate new plication or permit requirement, including any dead- permit under section 402 of such Act. line, to apply for or obtain a permit for stormwater dis- ‘‘(c) LOG TRANSFER FACILITY DEFINED.—For the pur- charges subject to section 402(p)(2)(A) or (E) of the Fed- poses of this section, the term ‘log transfer facility’ eral Water Pollution Control Act [33 U.S.C. means a facility which is constructed in whole or in 1342(p)(2)(A), (E)]. part in waters of the United States and which is uti- ‘‘(f) REGULATIONS.—The Administrator shall issue lized for the purpose of transferring commercially har- final regulations with respect to general permits for vested logs to or from a vessel or log raft, including the stormwater discharges associated with industrial activ- formation of a log raft.’’ ity on or before February 1, 1992.’’ ALLOWABLE DELAY IN MODIFYING EXISTING APPROVED STATE PERMIT PROGRAMS TO CONFORM TO 1977 PHOSPHATE FERTILIZER EFFLUENT LIMITATION AMENDMENT Section 306(c) of Pub. L. 100–4 provided that: Section 54(c)(2) of Pub. L. 95–217 provided that any ‘‘(1) ISSUANCE OF PERMIT.—As soon as possible after State permit program approved under this section be- the date of the enactment of this Act [Feb. 4, 1987], but fore Dec. 27, 1977, which required modification to con- not later than 180 days after such date of enactment, form to the amendment made by section 54(c)(1) of Pub. the Administrator shall issue permits under section L. 95–217, which amended subsec. (b)(8) of this section, 402(a)(1)(B) of the Federal Water Pollution Control Act not be required to be modified before the end of the one [33 U.S.C. 1342(a)(1)(B)] with respect to facilities— year period which began on Dec. 27, 1977, unless in order ‘‘(A) which were under construction on or before to make the required modification a State must amend April 8, 1974, and or enact a law in which case such modification not be ‘‘(B) for which the Administrator is proposing to re- required for such State before the end of the two year vise the applicability of the effluent limitation estab- period which began on Dec. 27, 1977. lished under section 301(b) of such Act [33 U.S.C. 1311(b)] for phosphate subcategory of the fertilizer § 1343. Ocean discharge criteria manufacturing point source category to exclude such facilities. (a) Issuance of permits ‘‘(2) LIMITATIONS ON STATUTORY CONSTRUCTION.—Noth- No permit under section 1342 of this title for a ing in this section [amending section 1311 of this title discharge into the territorial sea, the waters of and enacting this note] shall be construed— the contiguous zone, or the oceans shall be is- ‘‘(A) to require the Administrator to permit the dis- charge of gypsum or gypsum waste into the navigable sued, after promulgation of guidelines estab- waters, lished under subsection (c) of this section, ex- ‘‘(B) to affect the procedures and standards applica- cept in compliance with such guidelines. Prior ble to the Administrator in issuing permits under to the promulgation of such guidelines, a permit section 402(a)(1)(B) of the Federal Water Pollution may be issued under such section 1342 of this Control Act [33 U.S.C. 1342(a)(1)(B)], and title if the Administrator determines it to be in ‘‘(C) to affect the authority of any State to deny or the public interest. condition certification under section 401 of such Act [33 U.S.C. 1341] with respect to the issuance of per- (b) Waiver mits under section 402(a)(1)(B) of such Act.’’ The requirements of subsection (d) of section 1342 of this title may not be waived in the case LOG TRANSFER FACILITIES of permits for discharges into the territorial sea. Section 407 of Pub. L. 100–4 provided that: (c) Guidelines for determining degradation of ‘‘(a) AGREEMENT.—The Administrator and Secretary of the Army shall enter into an agreement regarding waters coordination of permitting for log transfer facilities to (1) The Administrator shall, within one hun- designate a lead agency and to process permits required dred and eighty days after October 18, 1972 (and under sections 402 and 404 of the Federal Water Pollu- from time to time thereafter), promulgate tion Control Act [33 U.S.C. 1342, 1344], where both such guidelines for determining the degradation of sections apply, for discharges associated with the con- the waters of the territorial seas, the contiguous struction and operation of log transfer facilities. The Administrator and Secretary are authorized to act in zone, and the oceans, which shall include: accordance with the terms of such agreement to assure (A) the effect of disposal of pollutants on that, to the maximum extent practicable, duplication, human health or welfare, including but not needless paperwork and delay in the issuance of per- limited to plankton, fish, shellfish, wildlife, mits, and inequitable enforcement between and among shorelines, and beaches; facilities in different States, shall be eliminated. (B) the effect of disposal of pollutants on ‘‘(b) APPLICATIONS AND PERMITS BEFORE OCTOBER 22, marine life including the transfer, concentra- 1985.—Where both of sections 402 and 404 of the Federal tion, and dispersal of pollutants or their by- Water Pollution Control Act [33 U.S.C. 1342, 1344] apply, products through biological, physical, and log transfer facilities which have received a permit chemical processes; changes in marine eco- under section 404 of such Act before October 22, 1985, shall not be required to submit a new application for a system diversity, productivity, and stability; permit under section 402 of such Act. If the Adminis- and species and community population trator determines that the terms of a permit issued on changes; or before October 22, 1985, under section 404 of such Act (C) the effect of disposal, of pollutants on es- satisfies the applicable requirements of sections 301, thetic, recreation, and economic values; Page 475 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1344

(D) the persistence and permanence of the ing the withdrawal of specification) as a disposal effects of disposal of pollutants; site, whenever he determines, after notice and (E) the effect of the disposal of varying opportunity for public hearings, that the dis- rates, of particular volumes and concentra- charge of such materials into such area will tions of pollutants; have an unacceptable adverse effect on munici- (F) other possible locations and methods of pal water supplies, shellfish beds and fishery disposal or recycling of pollutants including areas (including spawning and breeding areas), land-based alternatives; and wildlife, or recreational areas. Before making (G) the effect on alternate uses of the such determination, the Administrator shall oceans, such as mineral exploitation and sci- consult with the Secretary. The Administrator entific study. shall set forth in writing and make public his findings and his reasons for making any deter- (2) In any event where insufficient information mination under this subsection. exists on any proposed discharge to make a rea- sonable judgment on any of the guidelines estab- (d) ‘‘Secretary’’ defined lished pursuant to this subsection no permit The term ‘‘Secretary’’ as used in this section shall be issued under section 1342 of this title. means the Secretary of the Army, acting (June 30, 1948, ch. 758, title IV, § 403, as added through the Chief of Engineers. Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 883.) (e) General permits on State, regional, or nation- wide basis DISCHARGES FROM POINT SOURCES IN UNITED STATES VIRGIN ISLANDS ATTRIBUTABLE TO MANUFACTURE OF (1) In carrying out his functions relating to RUM; EXEMPTION; CONDITIONS the discharge of dredged or fill material under Discharges from point sources in the United States this section, the Secretary may, after notice and Virgin Islands in existence on Aug. 5, 1983, attributable opportunity for public hearing, issue general to the manufacture of rum not to be subject to the re- permits on a State, regional, or nationwide basis quirements of this section under certain conditions, see for any category of activities involving dis- section 214(g) of Pub. L. 98–67, set out as a note under charges of dredged or fill material if the Sec- section 1311 of this title. retary determines that the activities in such TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED category are similar in nature, will cause only STATES minimal adverse environmental effects when performed separately, and will have only mini- For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, mal cumulative adverse effect on the environ- respectively, set out as notes under section 1331 of Title ment. Any general permit issued under this sub- 43, Public Lands. section shall (A) be based on the guidelines de- scribed in subsection (b)(1) of this section, and § 1344. Permits for dredged or fill material (B) set forth the requirements and standards (a) Discharge into navigable waters at specified which shall apply to any activity authorized by disposal sites such general permit. (2) No general permit issued under this sub- The Secretary may issue permits, after notice section shall be for a period of more than five and opportunity for public hearings for the dis- years after the date of its issuance and such gen- charge of dredged or fill material into the navi- eral permit may be revoked or modified by the gable waters at specified disposal sites. Not Secretary if, after opportunity for public hear- later than the fifteenth day after the date an ap- ing, the Secretary determines that the activities plicant submits all the information required to authorized by such general permit have an ad- complete an application for a permit under this verse impact on the environment or such activi- subsection, the Secretary shall publish the no- ties are more appropriately authorized by indi- tice required by this subsection. vidual permits. (b) Specification for disposal sites (f) Non-prohibited discharge of dredged or fill Subject to subsection (c) of this section, each material such disposal site shall be specified for each (1) Except as provided in paragraph (2) of this such permit by the Secretary (1) through the ap- subsection, the discharge of dredged or fill mate- plication of guidelines developed by the Admin- rial— istrator, in conjunction with the Secretary, (A) from normal farming, silviculture, and which guidelines shall be based upon criteria ranching activities such as plowing, seeding, comparable to the criteria applicable to the ter- cultivating, minor drainage, harvesting for ritorial seas, the contiguous zone, and the ocean the production of food, fiber, and forest prod- under section 1343(c) of this title, and (2) in any ucts, or upland soil and water conservation case where such guidelines under clause (1) practices; alone would prohibit the specification of a site, (B) for the purpose of maintenance, includ- through the application additionally of the eco- ing emergency reconstruction of recently nomic impact of the site on navigation and an- damaged parts, of currently serviceable struc- chorage. tures such as dikes, dams, levees, groins, (c) Denial or restriction of use of defined areas riprap, breakwaters, causeways, and bridge as disposal sites abutments or approaches, and transportation The Administrator is authorized to prohibit structures; the specification (including the withdrawal of (C) for the purpose of construction or main- specification) of any defined area as a disposal tenance of farm or stock ponds or irrigation site, and he is authorized to deny or restrict the ditches, or the maintenance of drainage use of any defined area for specification (includ- ditches; § 1344 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 476

(D) for the purpose of construction of tem- under paragraph (1) of this subsection, the Sec- porary sedimentation basins on a construction retary and the Secretary of the Interior, acting site which does not include placement of fill through the Director of the United States Fish material into the navigable waters; and Wildlife Service, shall submit any com- (E) for the purpose of construction or main- ments with respect to such program and state- tenance of farm roads or forest roads, or tem- ment to the Administrator in writing. porary roads for moving mining equipment, (h) Determination of State’s authority to issue where such roads are constructed and main- permits under State program; approval; noti- tained, in accordance with best management fication; transfers to State program practices, to assure that flow and circulation (1) Not later than the one-hundred-twentieth patterns and chemical and biological charac- day after the date of the receipt by the Adminis- teristics of the navigable waters are not im- trator of a program and statement submitted by paired, that the reach of the navigable waters any State under paragraph (1) of this subsection, is not reduced, and that any adverse effect on the Administrator shall determine, taking into the aquatic environment will be otherwise account any comments submitted by the Sec- minimized; (F) resulting from any activity with respect retary and the Secretary of the Interior, acting to which a State has an approved program through the Director of the United States Fish under section 1288(b)(4) of this title which and Wildlife Service, pursuant to subsection (g) meets the requirements of subparagraphs (B) of this section, whether such State has the fol- and (C) of such section, lowing authority with respect to the issuance of permits pursuant to such program: is not prohibited by or otherwise subject to reg- (A) To issue permits which— ulation under this section or section 1311(a) or (i) apply, and assure compliance with, any 1342 of this title (except for effluent standards or applicable requirements of this section, in- prohibitions under section 1317 of this title). cluding, but not limited to, the guidelines (2) Any discharge of dredged or fill material established under subsection (b)(1) of this into the navigable waters incidental to any ac- section, and sections 1317 and 1343 of this tivity having as its purpose bringing an area of title; the navigable waters into a use to which it was (ii) are for fixed terms not exceeding five not previously subject, where the flow or cir- years; and culation of navigable waters may be impaired or (iii) can be terminated or modified for the reach of such waters be reduced, shall be re- cause including, but not limited to, the fol- quired to have a permit under this section. lowing: (g) State administration (I) violation of any condition of the per- (1) The Governor of any State desiring to ad- mit; minister its own individual and general permit (II) obtaining a permit by misrepresenta- program for the discharge of dredged or fill ma- tion, or failure to disclose fully all rel- terial into the navigable waters (other than evant facts; those waters which are presently used, or are (III) change in any condition that re- susceptible to use in their natural condition or quires either a temporary or permanent by reasonable improvement as a means to trans- reduction or elimination of the permitted port interstate or foreign commerce shoreward discharge. to their ordinary high water mark, including all (B) To issue permits which apply, and assure waters which are subject to the ebb and flow of compliance with, all applicable requirements the tide shoreward to their mean high water of section 1318 of this title, or to inspect, mon- mark, or mean higher high water mark on the itor, enter, and require reports to at least the west coast, including wetlands adjacent thereto) same extent as required in section 1318 of this within its jurisdiction may submit to the Ad- title. ministrator a full and complete description of (C) To assure that the public, and any other the program it proposes to establish and admin- State the waters of which may be affected, re- ister under State law or under an interstate ceive notice of each application for a permit compact. In addition, such State shall submit a and to provide an opportunity for public hear- statement from the attorney general (or the at- ing before a ruling on each such application. torney for those State agencies which have inde- (D) To assure that the Administrator re- pendent legal counsel), or from the chief legal ceives notice of each application (including a officer in the case of an interstate agency, that copy thereof) for a permit. the laws of such State, or the interstate com- (E) To assure that any State (other than the pact, as the case may be, provide adequate au- permitting State), whose waters may be af- thority to carry out the described program. fected by the issuance of a permit may submit (2) Not later than the tenth day after the date written recommendations to the permitting of the receipt of the program and statement sub- State (and the Administrator) with respect to mitted by any State under paragraph (1) of this any permit application and, if any part of such subsection, the Administrator shall provide cop- written recommendations are not accepted by ies of such program and statement to the Sec- the permitting State, that the permitting retary and the Secretary of the Interior, acting State will notify such affected State (and the through the Director of the United States Fish Administrator) in writing of its failure to so and Wildlife Service. accept such recommendations together with (3) Not later than the ninetieth day after the its reasons for so doing. date of the receipt by the Administrator of the (F) To assure that no permit will be issued program and statement submitted by any State, if, in the judgment of the Secretary, after con- Page 477 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1344

sultation with the Secretary of the depart- a program approved under subsection (h)(2)(A) of ment in which the Coast Guard is operating, this section, in accordance with this section, in- anchorage and navigation of any of the navi- cluding, but not limited to, the guidelines estab- gable waters would be substantially impaired lished under subsection (b)(1) of this section, the thereby. Administrator shall so notify the State, and, if (G) To abate violations of the permit or the appropriate corrective action is not taken with- permit program, including civil and criminal in a reasonable time, not to exceed ninety days penalties and other ways and means of en- after the date of the receipt of such notification, forcement. the Administrator shall (1) withdraw approval of (H) To assure continued coordination with such program until the Administrator deter- Federal and Federal-State water-related plan- mines such corrective action has been taken, ning and review processes. and (2) notify the Secretary that the Secretary shall resume the program for the issuance of (2) If, with respect to a State program submit- permits under subsections (a) and (e) of this sec- ted under subsection (g)(1) of this section, the tion for activities with respect to which the Administrator determines that such State— State was issuing permits and that such author- (A) has the authority set forth in paragraph ity of the Secretary shall continue in effect (1) of this subsection, the Administrator shall until such time as the Administrator makes the approve the program and so notify (i) such determination described in clause (1) of this sub- State and (ii) the Secretary, who upon subse- section and such State again has an approved quent notification from such State that it is program. administering such program, shall suspend the issuance of permits under subsections (a) and (j) Copies of applications for State permits and (e) of this section for activities with respect to proposed general permits to be transmitted which a permit may be issued pursuant to to Administrator such State program; or Each State which is administering a permit (B) does not have the authority set forth in program pursuant to this section shall transmit paragraph (1) of this subsection, the Adminis- to the Administrator (1) a copy of each permit trator shall so notify such State, which notifi- application received by such State and provide cation shall also describe the revisions or notice to the Administrator of every action re- modifications necessary so that such State lated to the consideration of such permit appli- may resubmit such program for a determina- cation, including each permit proposed to be is- tion by the Administrator under this sub- sued by such State, and (2) a copy of each pro- section. posed general permit which such State intends (3) If the Administrator fails to make a deter- to issue. Not later than the tenth day after the mination with respect to any program submit- date of the receipt of such permit application or ted by a State under subsection (g)(1) of this sec- such proposed general permit, the Adminis- tion within one-hundred-twenty days after the trator shall provide copies of such permit appli- date of the receipt of such program, such pro- cation or such proposed general permit to the gram shall be deemed approved pursuant to Secretary and the Secretary of the Interior, act- paragraph (2)(A) of this subsection and the Ad- ing through the Director of the United States ministrator shall so notify such State and the Fish and Wildlife Service. If the Administrator Secretary who, upon subsequent notification intends to provide written comments to such from such State that it is administering such State with respect to such permit application or program, shall suspend the issuance of permits such proposed general permit, he shall so notify under subsection (a) and (e) of this section for such State not later than the thirtieth day after activities with respect to which a permit may be the date of the receipt of such application or issued by such State. such proposed general permit and provide such (4) After the Secretary receives notification written comments to such State, after consider- from the Administrator under paragraph (2) or ation of any comments made in writing with re- (3) of this subsection that a State permit pro- spect to such application or such proposed gen- gram has been approved, the Secretary shall eral permit by the Secretary and the Secretary transfer any applications for permits pending of the Interior, acting through the Director of before the Secretary for activities with respect the United States Fish and Wildlife Service, not to which a permit may be issued pursuant to later than the ninetieth day after the date of such State program to such State for appro- such receipt. If such State is so notified by the priate action. Administrator, it shall not issue the proposed (5) Upon notification from a State with a per- permit until after the receipt of such comments mit program approved under this subsection from the Administrator, or after such ninetieth that such State intends to administer and en- day, whichever first occurs. Such State shall not force the terms and conditions of a general per- issue such proposed permit after such ninetieth mit issued by the Secretary under subsection (e) day if it has received such written comments in of this section with respect to activities in such which the Administrator objects (A) to the issu- State to which such general permit applies, the ance of such proposed permit and such proposed Secretary shall suspend the administration and permit is one that has been submitted to the Ad- enforcement of such general permit with respect ministrator pursuant to subsection (h)(1)(E) of to such activities. this section, or (B) to the issuance of such pro- posed permit as being outside the requirements (i) Withdrawal of approval of this section, including, but not limited to, the Whenever the Administrator determines after guidelines developed under subsection (b)(1) of public hearing that a State is not administering this section unless it modifies such proposed § 1344 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 478 permit in accordance with such comments. (p) Compliance Whenever the Administrator objects to the issu- Compliance with a permit issued pursuant to ance of a permit under the preceding sentence this section, including any activity carried out such written objection shall contain a state- pursuant to a general permit issued under this ment of the reasons for such objection and the section, shall be deemed compliance, for pur- conditions which such permit would include if it poses of sections 1319 and 1365 of this title, with were issued by the Administrator. In any case sections 1311, 1317, and 1343 of this title. where the Administrator objects to the issuance (q) Minimization of duplication, needless paper- of a permit, on request of the State, a public work, and delays in issuance; agreements hearing shall be held by the Administrator on such objection. If the State does not resubmit Not later than the one-hundred-eightieth day such permit revised to meet such objection after December 27, 1977, the Secretary shall within 30 days after completion of the hearing enter into agreements with the Administrator, or, if no hearing is requested within 90 days the Secretaries of the Departments of Agri- after the date of such objection, the Secretary culture, Commerce, Interior, and Transpor- may issue the permit pursuant to subsection (a) tation, and the heads of other appropriate Fed- or (e) of this section, as the case may be, for eral agencies to minimize, to the maximum ex- such source in accordance with the guidelines tent practicable, duplication, needless paper- and requirements of this chapter. work, and delays in the issuance of permits under this section. Such agreements shall be de- (k) Waiver veloped to assure that, to the maximum extent In accordance with guidelines promulgated practicable, a decision with respect to an appli- pursuant to subsection (i)(2) of section 1314 of cation for a permit under subsection (a) of this this title, the Administrator is authorized to section will be made not later than the nine- waive the requirements of subsection (j) of this tieth day after the date the notice for such ap- section at the time of the approval of a program plication is published under subsection (a) of pursuant to subsection (h)(2)(A) of this section this section. for any category (including any class, type, or (r) Federal projects specifically authorized by size within such category) of discharge within Congress the State submitting such program. l The discharge of dredged or fill material as ( ) Categories of discharges not subject to re- part of the construction of a Federal project spe- quirements cifically authorized by Congress, whether prior The Administrator shall promulgate regula- to or on or after December 27, 1977, is not prohib- tions establishing categories of discharges which ited by or otherwise subject to regulation under he determines shall not be subject to the re- this section, or a State program approved under quirements of subsection (j) of this section in this section, or section 1311(a) or 1342 of this any State with a program approved pursuant to title (except for effluent standards or prohibi- subsection (h)(2)(A) of this section. The Admin- tions under section 1317 of this title), if informa- istrator may distinguish among classes, types, tion on the effects of such discharge, including and sizes within any category of discharges. consideration of the guidelines developed under (m) Comments on permit applications or pro- subsection (b)(1) of this section, is included in an posed general permits by Secretary of the In- environmental impact statement for such terior acting through Director of United project pursuant to the National Environmental States Fish and Wildlife Service Policy Act of 1969 [42 U.S.C. 4321 et seq.] and Not later than the ninetieth day after the date such environmental impact statement has been on which the Secretary notifies the Secretary of submitted to Congress before the actual dis- the Interior, acting through the Director of the charge of dredged or fill material in connection United States Fish and Wildlife Service that (1) with the construction of such project and prior an application for a permit under subsection (a) to either authorization of such project or an ap- of this section has been received by the Sec- propriation of funds for such construction. retary, or (2) the Secretary proposes to issue a (s) Violation of permits general permit under subsection (e) of this sec- (1) Whenever on the basis of any information tion, the Secretary of the Interior, acting available to him the Secretary finds that any through the Director of the United States Fish person is in violation of any condition or limita- and Wildlife Service, shall submit any com- tion set forth in a permit issued by the Sec- ments with respect to such application or such retary under this section, the Secretary shall proposed general permit in writing to the Sec- issue an order requiring such person to comply retary. with such condition or limitation, or the Sec- (n) Enforcement authority not limited retary shall bring a civil action in accordance Nothing in this section shall be construed to with paragraph (3) of this subsection. (2) A copy of any order issued under this sub- limit the authority of the Administrator to take section shall be sent immediately by the Sec- action pursuant to section 1319 of this title. retary to the State in which the violation occurs o ( ) Public availability of permits and permit ap- and other affected States. Any order issued plications under this subsection shall be by personal serv- A copy of each permit application and each ice and shall state with reasonable specificity permit issued under this section shall be avail- the nature of the violation, specify a time for able to the public. Such permit application or compliance, not to exceed thirty days, which the portion thereof, shall further be available on re- Secretary determines is reasonable, taking into quest for the purpose of reproduction. account the seriousness of the violation and any Page 479 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1344 good faith efforts to comply with applicable re- ‘‘(A) Any person who willfully or negligently violates quirements. In any case in which an order under any condition or limitation in a permit issued by the this subsection is issued to a corporation, a copy Secretary under this section shall be punished by a fine of such order shall be served on any appropriate of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than one corporate officers. year, or by both. If the conviction is for a violation (3) The Secretary is authorized to commence a committed after a first conviction of such person under civil action for appropriate relief, including a this paragraph, punishment shall be by a fine of not permanent or temporary injunction for any vio- more than $50,000 per day of violation, or by imprison- lation for which he is authorized to issue a com- ment for not more than two years, or by both. pliance order under paragraph (1) of this sub- ‘‘(B) For the purposes of this paragraph, the term section. Any action under this paragraph may be ‘person’ shall mean, in addition to the definition con- brought in the district court of the United tained in section 1362(5) of this title, any responsible States for the district in which the defendant is corporate officer.’’ located or resides or is doing business, and such 1977—Subsec. (a). Pub. L. 95–217, § 67(a)(1), substituted ‘‘The Secretary’’ for ‘‘The Secretary of the Army, act- court shall have jurisdiction to restrain such ing through the Chief of Engineers,’’ and inserted pro- violation and to require compliance. Notice of vision that, not later than the fifteenth day after the the commencement of such acton 1 shall be given date an applicant submits all the information required immediately to the appropriate State. to complete an application for a permit under this sub- (4) Any person who violates any condition or section, the Secretary publish the notice required by limitation in a permit issued by the Secretary this subsection. under this section, and any person who violates Subsecs. (b), (c). Pub. L. 95–217, § 67(a)(2), substituted any order issued by the Secretary under para- ‘‘the Secretary’’ for ‘‘the Secretary of the Army’’. graph (1) of this subsection, shall be subject to Subsecs. (d) to (t). Pub. L. 95–217, § 67(b), added sub- secs. (d) to (t). a civil penalty not to exceed $25,000 per day for each violation. In determining the amount of a TRANSFER OF FUNCTIONS civil penalty the court shall consider the seri- For transfer of authorities, functions, personnel, and ousness of the violation or violations, the eco- assets of the Coast Guard, including the authorities nomic benefit (if any) resulting from the viola- and functions of the Secretary of Transportation relat- tion, any history of such violations, any good- ing thereto, to the Department of Homeland Security, faith efforts to comply with the applicable re- and for treatment of related references, see sections quirements, the economic impact of the penalty 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- on the violator, and such other matters as jus- rity, and the Department of Homeland Security Reor- tice may require. ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. (t) Navigable waters within State jurisdiction Enforcement functions of Administrator or other offi- Nothing in this section shall preclude or deny cial of the Environmental Protection Agency and of the right of any State or interstate agency to Secretary or other official in Department of the Inte- control the discharge of dredged or fill material rior relating to review of the Corps of Engineers’ dredged and fill material permits and such functions of in any portion of the navigable waters within Secretary of the Army, Chief of Engineers, or other of- the jurisdiction of such State, including any ac- ficial in Corps of Engineers of the United States Army tivity of any Federal agency, and each such relating to compliance with dredged and fill material agency shall comply with such State or inter- permits issued under this section with respect to pre- state requirements both substantive and proce- construction, construction, and initial operation of dural to control the discharge of dredged or fill transportation system for Canadian and Alaskan natu- material to the same extent that any person is ral gas were transferred to the Federal Inspector, Office subject to such requirements. This section shall of Federal Inspector for the Alaska Natural Gas Trans- portation System, until the first anniversary of the not be construed as affecting or impairing the date of initial operation of the Alaska Natural Gas authority of the Secretary to maintain naviga- Transportation System, see Reorg. Plan No. 1 of 1979, tion. §§ 102(a), (b), (e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, (June 30, 1948, ch. 758, title IV, § 404, as added 1376, effective July 1, 1979, set out in the Appendix to Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 884; Title 5, Government Organization and Employees. Of- fice of Federal Inspector for the Alaska Natural Gas amended Pub. L. 95–217, § 67(a), (b), Dec. 27, 1977, Transportation System abolished and functions and au- 91 Stat. 1600; Pub. L. 100–4, title III, § 313(d), Feb. thority vested in Inspector transferred to Secretary of 4, 1987, 101 Stat. 45.) Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under REFERENCES IN TEXT section 719e of Title 15, Commerce and Trade. Func- The National Environmental Policy Act of 1969, re- tions and authority vested in Secretary of Energy sub- ferred to in subsec. (r), is Pub. L. 91–190, Jan. 1, 1970, 83 sequently transferred to Federal Coordinator for Alas- Stat. 852, as amended, which is classified generally to ka Natural Gas Transportation Projects by section chapter 55 (§ 4321 et seq.) of Title 42, The Public Health 720d(f) of Title 15. and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section MITIGATION AND MITIGATION BANKING REGULATIONS 4321 of Title 42 and Tables. Pub. L. 108–136, div. A, title III, § 314(b), Nov. 24, 2003, AMENDMENTS 117 Stat. 1431, provided that: ‘‘(1) To ensure opportunities for Federal agency par- 1987—Subsec. (s). Pub. L. 100–4 redesignated par. (5) as ticipation in mitigation banking, the Secretary of the (4), substituted ‘‘$25,000 per day for each violation’’ for Army, acting through the Chief of Engineers, shall ‘‘$10,000 per day of such violation’’, inserted provision issue regulations establishing performance standards specifying factors to consider in determining the pen- and criteria for the use, consistent with section 404 of alty amount, and struck out former par. (4) which read the Federal Water Pollution Control Act (33 U.S.C. as follows: 1344), of on-site, off-site, and in-lieu fee mitigation and mitigation banking as compensation for lost wetlands 1 So in original. Probably should be ‘‘action’’. functions in permits issued by the Secretary of the § 1345 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 480

Army under such section. To the maximum extent neers, is authorized to delegate to the State of Wash- practicable, the regulatory standards and criteria shall ington upon its request all or any part of those func- maximize available credits and opportunities for miti- tions vested in such Secretary by section 404 of the gation, provide flexibility for regional variations in Federal Water Pollution Control Act [this section] and wetland conditions, functions and values, and apply by sections 9, 10, and 13 of the Act of March 3, 1899 [sec- equivalent standards and criteria to each type of com- tions 401, 403, and 407 of this title], relating to Lake pensatory mitigation. Chelan, Washington, if the Secretary determines (1) ‘‘(2) Final regulations shall be issued not later than that such State has the authority, responsibility, and two years after the date of the enactment of this Act capability to carry out such functions, and (2) that [Nov. 24, 2003].’’ such delegation is in the public interest. Such delega- REGULATORY PROGRAM tion shall be subject to such terms and conditions as the Secretary deems necessary, including, but not lim- Pub. L. 106–377, § 1(a)(2) [title I], Oct. 27, 2000, 114 Stat. ited to, suspension and revocation for cause of such 1441, 1441A–63, provided in part that: ‘‘For expenses nec- delegation.’’ essary for administration of laws pertaining to regula- tion of navigable waters and wetlands, $125,000,000, to CONTIGUOUS ZONE OF UNITED STATES remain available until expended: Provided, That the For extension of contiguous zone of United States, Secretary of the Army, acting through the Chief of En- see Proc. No. 7219, set out as a note under section 1331 gineers, is directed to use funds appropriated herein to: of Title 43, Public Lands. (1) by March 1, 2001, supplement the report, Cost Analy- sis For the 1999 Proposal to Issue and Modify Nation- § 1345. Disposal or use of sewage sludge wide Permits, to reflect the Nationwide Permits actu- ally issued on March 9, 2000, including changes in the (a) Permit acreage limits, preconstruction notification require- Notwithstanding any other provision of this ments and general conditions between the rule pro- posed on July 21, 1999, and the rule promulgated and chapter or of any other law, in any case where published in the Federal Register; (2) after consider- the disposal of sewage sludge resulting from the ation of the cost analysis for the 1999 proposal to issue operation of a treatment works as defined in and modify nationwide permits and the supplement section 1292 of this title (including the removal prepared pursuant to this Act [H.R. 5483, as enacted by of in-place sewage sludge from one location and section 1(a)(2) of Pub. L. 106–377, see Tables for classi- its deposit at another location) would result in fication] and by September 30, 2001, prepare, submit to any pollutant from such sewage sludge entering Congress and publish in the Federal Register a Permit the navigable waters, such disposal is prohibited Processing Management Plan by which the Corps of En- gineers will handle the additional work associated with except in accordance with a permit issued by the all projected increases in the number of individual per- Administrator under section 1342 of this title. mit applications and preconstruction notifications re- (b) Issuance of permit; regulations lated to the new and replacement permits and general conditions. The Permit Processing Management Plan The Administrator shall issue regulations gov- shall include specific objective goals and criteria by erning the issuance of permits for the disposal of which the Corps of Engineers’ progress towards reduc- sewage sludge subject to subsection (a) of this ing any permit backlog can be measured; (3) beginning section and section 1342 of this title. Such regu- on December 31, 2001, and on a biannual basis there- lations shall require the application to such dis- after, report to Congress and publish in the Federal posal of each criterion, factor, procedure, and Register, an analysis of the performance of its program requirement applicable to a permit issued under as measured against the criteria set out in the Permit Processing Management Plan; (4) implement a 1-year section 1342 of this title. pilot program to publish quarterly on the U.S. Army (c) State permit program Corps of Engineer’s Regulatory Program website all Each State desiring to administer its own per- Regulatory Analysis and Management Systems (RAMS) mit program for disposal of sewage sludge sub- data for the South Pacific Division and North Atlantic Division beginning within 30 days of the enactment of ject to subsection (a) of this section within its this Act [Oct. 27, 2000]; and (5) publish in Division Office jurisdiction may do so in accordance with sec- websites all findings, rulings, and decisions rendered tion 1342 of this title. under the administrative appeals process for the Corps (d) Regulations of Engineers Regulatory Program as established in Public Law 106–60 [113 Stat. 486]: Provided further, That, (1) Regulations through the period ending on September 30, 2003, the The Administrator, after consultation with Corps of Engineers shall allow any appellant to keep a appropriate Federal and State agencies and verbatim record of the proceedings of the appeals con- other interested persons, shall develop and ference under the aforementioned administrative ap- publish, within one year after December 27, peals process: Provided further, That within 30 days of the enactment of this Act, the Secretary of the Army, 1977, and from time to time thereafter, regula- acting through the Chief of Engineers, shall require all tions providing guidelines for the disposal of U.S. Army Corps of Engineers Divisions and Districts sludge and the utilization of sludge for various to record the date on which a section 404 individual per- purposes. Such regulations shall— mit application or nationwide permit notification is (A) identify uses for sludge, including dis- filed with the Corps of Engineers: Provided further, That posal; the Corps of Engineers, when reporting permit process- (B) specify factors to be taken into ac- ing times, shall track both the date a permit applica- count in determining the measures and prac- tion is first received and the date the application is considered complete, as well as the reason that the ap- tices applicable to each such use or disposal plication is not considered complete upon first submis- (including publication of information on sion.’’ costs); (C) identify concentrations of pollutants AUTHORITY TO DELEGATE TO STATE OF WASHINGTON which interfere with each such use or dis- FUNCTIONS OF THE SECRETARY RELATING TO LAKE CHELAN, WASHINGTON posal. Section 76 of Pub. L. 95–217 provided that: ‘‘The Sec- The Administrator is authorized to revise any retary of the Army, acting through the Chief of Engi- regulation issued under this subsection. Page 481 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1345

(2) Identification and regulation of toxic pol- sible to prescribe or enforce a numerical limi- lutants tation for a pollutant identified under para- (A) On basis of available information graph (2), the Administrator may instead pro- (i) Proposed regulations mulgate a design, equipment, management practice, or operational standard, or combina- Not later than November 30, 1986, the Ad- tion thereof, which in the Administrator’s ministrator shall identify those toxic pol- judgment is adequate to protect public health lutants which, on the basis of available in- and the environment from any reasonably an- formation on their toxicity, persistence, ticipated adverse effects of such pollutant. In concentration, mobility, or potential for the event the Administrator promulgates a de- exposure, may be present in sewage sludge sign or equipment standard under this sub- in concentrations which may adversely af- section, the Administrator shall include as fect public health or the environment, and part of such standard such requirements as propose regulations specifying acceptable will assure the proper operation and mainte- management practices for sewage sludge containing each such toxic pollutant and nance of any such element of design or equip- establishing numerical limitations for ment. each such pollutant for each use identified (4) Conditions on permits under paragraph (1)(A). Prior to the promulgation of the regulations (ii) Final regulations required by paragraph (2), the Administrator Not later than August 31, 1987, and after shall impose conditions in permits issued to opportunity for public hearing, the Admin- publicly owned treatment works under section istrator shall promulgate the regulations 1342 of this title or take such other measures required by subparagraph (A)(i). as the Administrator deems appropriate to protect public health and the environment (B) Others from any adverse effects which may occur (i) Proposed regulations from toxic pollutants in sewage sludge. Not later than July 31, 1987, the Admin- (5) Limitation on statutory construction istrator shall identify those toxic pollut- ants not identified under subparagraph Nothing in this section is intended to waive (A)(i) which may be present in sewage more stringent requirements established by sludge in concentrations which may ad- this chapter or any other law. versely affect public health or the environ- (e) Manner of sludge disposal ment, and propose regulations specifying The determination of the manner of disposal acceptable management practices for sew- or use of sludge is a local determination, except age sludge containing each such toxic pol- that it shall be unlawful for any person to dis- lutant and establishing numerical limita- pose of sludge from a publicly owned treatment tions for each pollutant for each such use works or any other treatment works treating identified under paragraph (1)(A). domestic sewage for any use for which regula- (ii) Final regulations tions have been established pursuant to sub- Not later than June 15, 1988, the Admin- section (d) of this section, except in accordance istrator shall promulgate the regulations with such regulations. required by subparagraph (B)(i). (f) Implementation of regulations (C) Review (1) Through section 1342 permits From time to time, but not less often than Any permit issued under section 1342 of this every 2 years, the Administrator shall re- title to a publicly owned treatment works or view the regulations promulgated under this any other treatment works treating domestic paragraph for the purpose of identifying ad- sewage shall include requirements for the use ditional toxic pollutants and promulgating and disposal of sludge that implement the reg- regulations for such pollutants consistent ulations established pursuant to subsection (d) with the requirements of this paragraph. of this section, unless such requirements have (D) Minimum standards; compliance date been included in a permit issued under the ap- The management practices and numerical propriate provisions of subtitle C of the Solid criteria established under subparagraphs Waste Disposal Act [42 U.S.C. 6921 et seq.], (A), (B), and (C) shall be adequate to protect part C of the Safe Drinking Water Act [42 public health and the environment from any U.S.C. 300h et seq.], the Marine Protection, Re- reasonably anticipated adverse effects of search, and Sanctuaries Act of 1972 [16 U.S.C. each pollutant. Such regulations shall re- 1431 et seq., 1447 et seq.; 33 U.S.C. 1401 et seq., quire compliance as expeditiously as prac- 2801 et seq.], or the Clean Air Act [42 U.S.C. ticable but in no case later than 12 months 7401 et seq.], or under State permit programs after their publication, unless such regula- approved by the Administrator, where the Ad- tions require the construction of new pollu- ministrator determines that such programs tion control facilities, in which case the reg- assure compliance with any applicable re- ulations shall require compliance as expedi- quirements of this section. Not later than De- tiously as practicable but in no case later cember 15, 1986, the Administrator shall pro- than two years from the date of their publi- mulgate procedures for approval of State pro- cation. grams pursuant to this paragraph. (3) Alternative standards (2) Through other permits For purposes of this subsection, if, in the In the case of a treatment works described judgment of the Administrator, it is not fea- in paragraph (1) that is not subject to section § 1345 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 482

1342 of this title and to which none of the fied generally to chapters 32 (§ 1431 et seq.) and 32A other above listed permit programs nor ap- (§ 1447 et seq.) of Title 16, Conservation, and chapters 27 proved State permit authority apply, the Ad- (§ 1401 et seq.) and 41 (§ 2801 et seq.) of this title. For ministrator may issue a permit to such treat- complete classification of this Act to the Code, see Short Title note set out under section 1401 of this title ment works solely to impose requirements for and Tables. the use and disposal of sludge that implement The Clean Air Act, referred to in subsec. (f)(1), is act the regulations established pursuant to sub- July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is section (d) of this section. The Administrator classified generally to chapter 85 (§ 7401 et seq.) of Title shall include in the permit appropriate re- 42, The Public Health and Welfare. For complete classi- quirements to assure compliance with the reg- fication of this Act to the Code, see Short Title note ulations established pursuant to subsection (d) set out under section 7401 of Title 42 and Tables. of this section. The Administrator shall estab- lish procedures for issuing permits pursuant to AMENDMENTS this paragraph. 1987—Subsec. (d). Pub. L. 100–4, § 406(a), designated ex- (g) Studies and projects isting provision as par. (1), inserted heading, redesig- (1) Grant program; information gathering nated former pars. (1) to (3) as subpars. (A) to (C), and added pars. (2) to (5). The Administrator is authorized to conduct Pub. L. 100–4, § 406(f), inserted heading ‘‘Regulations’’ or initiate scientific studies, demonstration and aligned par. (1) with par. (3) and subpars. (A) to (C) projects, and public information and education of par. (1) with subpar. (C) of par. (2). projects which are designed to promote the Subsec. (e). Pub. L. 100–4, § 406(b), amended subsec. (e) safe and beneficial management or use of sew- generally. Prior to amendment, subsec. (e) read as fol- age sludge for such purposes as aiding the res- lows: ‘‘The determination of the manner of disposal or use of sludge is a local determination except that it toration of abandoned mine sites, conditioning shall be unlawful for the owner or operator of any pub- soil for parks and recreation areas, agricul- licly owned treatment works to dispose of sludge from tural and horticultural uses, and other bene- such works for any use for which guidelines have been ficial purposes. For the purposes of carrying established pursuant to subsection (d) of this section, out this subsection, the Administrator may except in accordance with such guidelines.’’ make grants to State water pollution control Subsecs. (f), (g). Pub. L. 100–4, § 406(c), added subsecs. agencies, other public or nonprofit agencies, (f) and (g). institutions, organizations, and individuals. In 1977—Subsec. (a). Pub. L. 95–217, § 68(a), substituted ‘‘under section 1342 of this title’’ for ‘‘under this sec- cooperation with other Federal departments tion’’. and agencies, other public and private agen- Subsec. (b). Pub. L. 95–217, §§ 54(d)(1), 68(b), (c), sub- cies, institutions, and organizations, the Ad- stituted ‘‘sewage sludge subject to subsection (a) of this ministrator is authorized to collect and dis- section and section 1342 of this title’’ for ‘‘sewage seminate information pertaining to the safe sludge subject to this section’’ and struck out ‘‘, as the and beneficial use of sewage sludge. Administrator determines necessary to carry out the objective of this chapter’’ after ‘‘permit issued under (2) Authorization of appropriations section 1342 of this title’’. For the purposes of carrying out the sci- Subsec. (c). Pub. L. 95–217, §§ 54(d)(2), 68(d), sub- entific studies, demonstration projects, and stituted ‘‘disposal of sewage sludge subject to sub- public information and education projects au- section (a) of this section within its jurisdiction may thorized in this section, there is authorized to do so in accordance with section 1342 of this title’’ for ‘‘disposal of sewage sludge within its jurisdiction may be appropriated for fiscal years beginning do so if upon submission of such program the Adminis- after September 30, 1986, not to exceed trator determines such program is adequate to carry $5,000,000. out the objective of this chapter’’. (June 30, 1948, ch. 758, title IV, § 405, as added Subsecs. (d), (e). Pub. L. 95–217, § 54(d)(3), added sub- secs. (d) and (e). Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 884; amended Pub. L. 95–217, §§ 54(d), 68, Dec. 27, 1977, 91 Stat. 1591, 1606; Pub. L. 100–4, title IV, REMOVAL CREDITS § 406(a)–(c), (f), Feb. 4, 1987, 101 Stat. 71, 72, 74.) Section 406(e) of Pub. L. 100–4 provided that: ‘‘The part of the decision of Natural Resources Defense Coun- REFERENCES IN TEXT cil, Inc. v. U.S. Environmental Protection Agency, No. The Solid Waste Disposal Act, referred to in subsec. 84–3530 (3d. Cir. 1986), which addresses section 405(d) of (f)(1), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. the Federal Water Pollution Control Act [33 U.S.C. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1345(d)] is stayed until August 31, 1987, with respect to— 1976, 90 Stat. 2795. Subtitle C of the Solid Waste Dis- ‘‘(1) those publicly owned treatment works the posal Act is classified generally to subchapter III (§ 6921 owner or operator of which received authority to re- et seq.) of chapter 82 of Title 42, The Public Health and vise pretreatment requirements under section Welfare. For complete classification of this Act to the 307(b)(1) of such Act [33 U.S.C. 1317(b)(1)] before the Code, see Short Title note set out under section 6901 of date of the enactment of this section [Feb. 4, 1987], Title 42 and Tables. and The Safe Drinking Water Act, referred to in subsec. ‘‘(2) those publicly owned treatment works the (f)(1), is title XIV of act July 1, 1944, as added Dec. 16, owner or operator of which has submitted an applica- 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, as amended. tion for authority to revise pretreatment require- Part C of the Act is classified generally to part C (§ 300h ments under such section 307(b)(1) which application et seq.) of subchapter XII of chapter 6A of Title 42. For is pending on such date of enactment and is approved complete classification of this Act to the Code, see before August 31, 1987. Short Title note set out under section 201 of Title 42 The Administrator shall not authorize any other re- and Tables. moval credits under such Act [33 U.S.C. 1251 et seq.] The Marine Protection, Research, and Sanctuaries until the Administrator issues the regulations required Act of 1972, referred to in subsec. (f)(1), is Pub. L. 92–532, by paragraph (2)(A)(ii) of section 405(d) of such Act, as Oct. 23, 1972, 86 Stat. 1052, as amended, which is classi- amended by subsection (a) of this section.’’ Page 483 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1346

§ 1346. Coastal recreation water quality monitor- (v) the public is provided an opportunity ing and notification to review the program through a process that provides for public notice and an op- (a) Monitoring and notification portunity for comment. (1) In general (B) Grants to local governments Not later than 18 months after October 10, The Administrator may make a grant to a 2000, after consultation and in cooperation local government under this subsection for with appropriate Federal, State, tribal, and implementation of a monitoring and notifi- local officials (including local health offi- cation program only if, after the 1-year pe- cials), and after providing public notice and an riod beginning on the date of publication of opportunity for comment, the Administrator performance criteria under subsection (a)(1) shall publish performance criteria for— of this section, the Administrator deter- (A) monitoring and assessment (including mines that the State is not implementing a specifying available methods for monitor- program that meets the requirements of this ing) of coastal recreation waters adjacent to subsection, regardless of whether the State beaches or similar points of access that are has received a grant under this subsection. used by the public for attainment of applica- ble water quality standards for pathogens (3) Other requirements and pathogen indicators; and (A) Report (B) the prompt notification of the public, A State recipient of a grant under this local governments, and the Administrator of subsection shall submit to the Adminis- any exceeding of or likelihood of exceeding trator, in such format and at such intervals applicable water quality standards for coast- as the Administrator determines to be ap- al recreation waters described in subpara- propriate, a report that describes— graph (A). (i) data collected as part of the program (2) Level of protection for monitoring and notification as de- The performance criteria referred to in para- scribed in subsection (c) of this section; graph (1) shall provide that the activities de- and scribed in subparagraphs (A) and (B) of that (ii) actions taken to notify the public paragraph shall be carried out as necessary for when water quality standards are exceed- the protection of public health and safety. ed. (b) Program development and implementation (B) Delegation grants A State recipient of a grant under this (1) In general subsection shall identify each local govern- The Administrator may make grants to ment to which the State has delegated or in- States and local governments to develop and tends to delegate responsibility for imple- implement programs for monitoring and noti- menting a monitoring and notification pro- fication for coastal recreation waters adjacent gram consistent with the performance cri- to beaches or similar points of access that are teria published under subsection (a) of this used by the public. section (including any coastal recreation waters for which the authority to implement (2) Limitations a monitoring and notification program (A) In general would be subject to the delegation). The Administrator may award a grant to a (4) Federal share State or a local government to implement a (A) In general monitoring and notification program if— (i) the program is consistent with the The Administrator, through grants award- performance criteria published by the Ad- ed under this section, may pay up to 100 per- ministrator under subsection (a) of this cent of the costs of developing and imple- section; menting a program for monitoring and noti- (ii) the State or local government prior- fication under this subsection. itizes the use of grant funds for particular (B) Non-Federal share coastal recreation waters based on the use The non-Federal share of the costs of de- of the water and the risk to human health veloping and implementing a monitoring presented by pathogens or pathogen indi- and notification program may be— cators; (i) in an amount not to exceed 50 per- (iii) the State or local government cent, as determined by the Administrator makes available to the Administrator the in consultation with State, tribal, and factors used to prioritize the use of funds local government representatives; and under clause (ii); (ii) provided in cash or in kind. (iv) the State or local government pro- vides a list of discrete areas of coastal (c) Content of State and local government pro- recreation waters that are subject to the grams program for monitoring and notification As a condition of receipt of a grant under sub- for which the grant is provided that speci- section (b) of this section, a State or local gov- fies any coastal recreation waters for ernment program for monitoring and notifica- which fiscal constraints will prevent con- tion under this section shall identify— sistency with the performance criteria (1) lists of coastal recreation waters in the under subsection (a) of this section; and State, including coastal recreation waters ad- § 1346 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 484

jacent to beaches or similar points of access section, to be submitted to the Administrator; that are used by the public; and (2) in the case of a State program for mon- (4) addresses the matters specified in sub- itoring and notification, the process by which section (c) of this section. the State may delegate to local governments (e) Database responsibility for implementing the monitor- ing and notification program; The Administrator shall establish, maintain, (3) the frequency and location of monitoring and make available to the public by electronic and assessment of coastal recreation waters and other means a national coastal recreation based on— water pollution occurrence database that pro- (A) the periods of recreational use of the vides— waters; (1) the data reported to the Administrator (B) the nature and extent of use during under subsections (b)(3)(A)(i) and (d)(3) of this certain periods; section; and (C) the proximity of the waters to known (2) other information concerning pathogens point sources and nonpoint sources of pollu- and pathogen indicators in coastal recreation tion; and waters that— (D) any effect of storm events on the wa- (A) is made available to the Administrator ters; by a State or local government, from a coastal water quality monitoring program of (4)(A) the methods to be used for detecting the State or local government; and levels of pathogens and pathogen indicators (B) the Administrator determines should that are harmful to human health; and be included. (B) the assessment procedures for identify- ing short-term increases in pathogens and (f) Technical assistance for monitoring floatable pathogen indicators that are harmful to material human health in coastal recreation waters (in- The Administrator shall provide technical as- cluding increases in relation to storm events); sistance to States and local governments for the (5) measures for prompt communication of development of assessment and monitoring pro- the occurrence, nature, location, pollutants cedures for floatable material to protect public involved, and extent of any exceeding of, or health and safety in coastal recreation waters. likelihood of exceeding, applicable water qual- (g) List of waters ity standards for pathogens and pathogen indi- cators to— (1) In general (A) the Administrator, in such form as the Beginning not later than 18 months after the Administrator determines to be appropriate; date of publication of performance criteria and under subsection (a) of this section, based on (B) a designated official of a local govern- information made available to the Adminis- ment having jurisdiction over land adjoining trator, the Administrator shall identify, and the coastal recreation waters for which the maintain a list of, discrete coastal recreation failure to meet applicable standards is iden- waters adjacent to beaches or similar points of tified; access that are used by the public that— (6) measures for the posting of signs at (A) specifies any waters described in this beaches or similar points of access, or func- paragraph that are subject to a monitoring tionally equivalent communication measures and notification program consistent with that are sufficient to give notice to the public the performance criteria established under that the coastal recreation waters are not subsection (a) of this section; and meeting or are not expected to meet applica- (B) specifies any waters described in this ble water quality standards for pathogens and paragraph for which there is no monitoring pathogen indicators; and and notification program (including waters (7) measures that inform the public of the for which fiscal constraints will prevent the potential risks associated with water contact State or the Administrator from performing activities in the coastal recreation waters monitoring and notification consistent with that do not meet applicable water quality the performance criteria established under standards. subsection (a) of this section). (d) Federal agency programs (2) Availability Not later than 3 years after October 10, 2000, The Administrator shall make the list de- each Federal agency that has jurisdiction over scribed in paragraph (1) available to the public coastal recreation waters adjacent to beaches or through— similar points of access that are used by the (A) publication in the Federal Register; public shall develop and implement, through a and process that provides for public notice and an (B) electronic media. opportunity for comment, a monitoring and no- (3) Updates tification program for the coastal recreation wa- The Administrator shall update the list de- ters that— scribed in paragraph (1) periodically as new in- (1) protects the public health and safety; formation becomes available. (2) is consistent with the performance cri- teria published under subsection (a) of this (h) EPA implementation section; In the case of a State that has no program for (3) includes a completed report on the infor- monitoring and notification that is consistent mation specified in subsection (b)(3)(A) of this with the performance criteria published under Page 485 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1361 subsection (a) of this section after the last day (e) Awards for outstanding technological of the 3-year period beginning on the date on achievement or innovative processes, meth- which the Administrator lists waters in the ods, or devices in waste treatment and pollu- State under subsection (g)(1)(B) of this section, tion abatement programs the Administrator shall conduct a monitoring (1) It is the purpose of this subsection to au- and notification program for the listed waters thorize a program which will provide official based on a priority ranking established by the recognition by the United States Government to Administrator using funds appropriated for those industrial organizations and political sub- grants under subsection (i) of this section— divisions of States which during the preceding (1) to conduct monitoring and notification; year demonstrated an outstanding technological and achievement or an innovative process, method, (2) for related salaries, expenses, and travel. or device in their waste treatment and pollution (i) Authorization of appropriations abatement programs. The Administrator shall, in consultation with the appropriate State There is authorized to be appropriated for water pollution control agencies, establish regu- making grants under subsection (b) of this sec- lations under which such recognition may be ap- tion, including implementation of monitoring plied for and granted, except that no applicant and notification programs by the Administrator shall be eligible for an award under this sub- under subsection (h) of this section, $30,000,000 section if such applicant is not in total compli- for each of fiscal years 2001 through 2005. ance with all applicable water quality require- (June 30, 1948, ch. 758, title IV, § 406, as added ments under this chapter, or otherwise does not Pub. L. 106–284, § 4, Oct. 10, 2000, 114 Stat. 872.) have a satisfactory record with respect to envi- ronmental quality. SUBCHAPTER V—GENERAL PROVISIONS (2) The Administrator shall award a certificate or plaque of suitable design to each industrial § 1361. Administration organization or political subdivision which qualifies for such recognition under regulations (a) Authority of Administrator to prescribe regu- established under this subsection. lations (3) The President of the United States, the The Administrator is authorized to prescribe Governor of the appropriate State, the Speaker such regulations as are necessary to carry out of the House of Representatives, and the Presi- his functions under this chapter. dent pro tempore of the Senate shall be notified (b) Utilization of other agency officers and em- of the award by the Administrator and the ployees awarding of such recognition shall be published in the Federal Register. The Administrator, with the consent of the (f) Detail of Environmental Protection Agency head of any other agency of the United States, personnel to State water pollution control may utilize such officers and employees of such agencies agency as may be found necessary to assist in carrying out the purposes of this chapter. Upon the request of a State water pollution control agency, personnel of the Environmental (c) Recordkeeping Protection Agency may be detailed to such Each recipient of financial assistance under agency for the purpose of carrying out the provi- this chapter shall keep such records as the Ad- sions of this chapter. ministrator shall prescribe, including records (June 30, 1948, ch. 758, title V, § 501, as added Pub. which fully disclose the amount and disposition L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 885; amended by such recipient of the proceeds of such assist- Pub. L. 100–4, title V, § 501, Feb. 4, 1987, 101 Stat. ance, the total cost of the project or under- 75.) taking in connection with which such assistance is given or used, and the amount of that portion AMENDMENTS of the cost of the project or undertaking sup- 1987—Subsec. (d). Pub. L. 100–4 inserted provision at plied by other sources, and such other records as end authorizing Administrator to enter into non- will facilitate effective audit. competitive procurement contracts with independent State audit organizations, consistent with chapter 75 of (d) Audit title 31, but only to extent and in such amounts as pro- The Administrator and the Comptroller Gen- vided in advance in appropriations Acts. eral of the United States, or any of their duly ENVIRONMENTAL COURT FEASIBILITY STUDY authorized representatives, shall have access, Section 9 of Pub. L. 92–500 authorized the President, for the purpose of audit and examination, to any acting through the Attorney General, to study the fea- books, documents, papers, and records of the re- sibility of establishing a separate court or court system cipients that are pertinent to the grants re- with jurisdiction over environmental matters and re- ceived under this chapter. For the purpose of quired him to report the results of his study, together carrying out audits and examinations with re- with his recommendations, to Congress not later than spect to recipients of Federal assistance under one year after Oct. 18, 1972. this chapter, the Administrator is authorized to TRANSFER OF PUBLIC HEALTH SERVICE OFFICERS enter into noncompetitive procurement con- tracts with independent State audit organiza- Pub. L. 89–234, § 2(b)–(k), Oct. 2, 1965, 79 Stat. 904, 905, authorized the transfer of certain commissioned offi- tions, consistent with chapter 75 of title 31. Such cers of the Public Health Service to classified positions contracts may only be entered into to the extent in the Federal Water Pollution Control Administra- and in such amounts as may be provided in ad- tion, now the Environmental Protection Agency, where vance in appropriation Acts. such transfer was requested within six months after the § 1362 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 486 establishment of the Administration and made certain United States under article 24 of the Convention administrative provisions relating to pension and re- of the Territorial Sea and the Contiguous Zone. tirement rights of the transferees, sick leave benefits, (10) The term ‘‘ocean’’ means any portion of group life insurance, and certain other miscellaneous the high seas beyond the contiguous zone. provisions. (11) The term ‘‘effluent limitation’’ means any § 1362. Definitions restriction established by a State or the Admin- istrator on quantities, rates, and concentrations Except as otherwise specifically provided, of chemical, physical, biological, and other con- when used in this chapter: stituents which are discharged from point (1) The term ‘‘State water pollution control sources into navigable waters, the waters of the agency’’ means the State agency designated by contiguous zone, or the ocean, including sched- the Governor having responsibility for enforcing ules of compliance. State laws relating to the abatement of pollu- (12) The term ‘‘discharge of a pollutant’’ and tion. the term ‘‘discharge of pollutants’’ each means (2) The term ‘‘interstate agency’’ means an (A) any addition of any pollutant to navigable agency of two or more States established by or waters from any point source, (B) any addition pursuant to an agreement or compact approved of any pollutant to the waters of the contiguous by the Congress, or any other agency of two or zone or the ocean from any point source other more States, having substantial powers or du- than a vessel or other floating craft. ties pertaining to the control of pollution as de- (13) The term ‘‘toxic pollutant’’ means those termined and approved by the Administrator. pollutants, or combinations of pollutants, in- (3) The term ‘‘State’’ means a State, the Dis- cluding disease-causing agents, which after dis- trict of Columbia, the Commonwealth of Puerto charge and upon exposure, ingestion, inhalation Rico, the Virgin Islands, Guam, American or assimilation into any organism, either di- Samoa, the Commonwealth of the Northern rectly from the environment or indirectly by in- Mariana Islands, and the Trust Territory of the gestion through food chains, will, on the basis of Pacific Islands. information available to the Administrator, (4) The term ‘‘municipality’’ means a city, cause death, disease, behavioral abnormalities, town, borough, county, parish, district, associa- cancer, genetic mutations, physiological mal- tion, or other public body created by or pursu- functions (including malfunctions in reproduc- ant to State law and having jurisdiction over tion) or physical deformations, in such orga- disposal of sewage, industrial wastes, or other nisms or their offspring. wastes, or an Indian tribe or an authorized In- (14) The term ‘‘point source’’ means any dis- dian tribal organization, or a designated and ap- cernible, confined and discrete conveyance, in- proved management agency under section 1288 of cluding but not limited to any pipe, ditch, chan- this title. nel, tunnel, conduit, well, discrete fissure, con- (5) The term ‘‘person’’ means an individual, tainer, rolling stock, concentrated animal feed- corporation, partnership, association, State, ing operation, or vessel or other floating craft, municipality, commission, or political subdivi- from which pollutants are or may be discharged. sion of a State, or any interstate body. This term does not include agricultural storm- (6) The term ‘‘pollutant’’ means dredged spoil, water discharges and return flows from irrigated solid waste, incinerator residue, sewage, gar- agriculture. bage, sewage sludge, munitions, chemical (15) The term ‘‘biological monitoring’’ shall wastes, biological materials, radioactive mate- mean the determination of the effects on aquat- rials, heat, wrecked or discarded equipment, ic life, including accumulation of pollutants in rock, sand, cellar dirt and industrial, municipal, tissue, in receiving waters due to the discharge and agricultural waste discharged into water. of pollutants (A) by techniques and procedures, This term does not mean (A) ‘‘sewage from ves- including sampling of organisms representative sels or a discharge incidental to the normal op- of appropriate levels of the food chain appro- eration of a vessel of the Armed Forces’’ within priate to the volume and the physical, chemical, the meaning of section 1322 of this title; or (B) and biological characteristics of the effluent, water, gas, or other material which is injected and (B) at appropriate frequencies and locations. into a well to facilitate production of oil or gas, (16) The term ‘‘discharge’’ when used without or water derived in association with oil or gas qualification includes a discharge of a pollutant, production and disposed of in a well, if the well and a discharge of pollutants. used either to facilitate production or for dis- (17) The term ‘‘schedule of compliance’’ means posal purposes is approved by authority of the a schedule of remedial measures including an State in which the well is located, and if such enforceable sequence of actions or operations State determines that such injection or disposal leading to compliance with an effluent limita- will not result in the degradation of ground or tion, other limitation, prohibition, or standard. surface water resources. (18) The term ‘‘industrial user’’ means those (7) The term ‘‘navigable waters’’ means the industries identified in the Standard Industrial waters of the United States, including the terri- Classification Manual, Bureau of the Budget, torial seas. 1967, as amended and supplemented, under the (8) The term ‘‘territorial seas’’ means the belt category of ‘‘Division D—Manufacturing’’ and of the seas measured from the line of ordinary such other classes of significant waste producers low water along that portion of the coast which as, by regulation, the Administrator deems ap- is in direct contact with the open sea and the propriate. line marking the seaward limit of inland waters, (19) The term ‘‘pollution’’ means the man- and extending seaward a distance of three miles. made or man-induced alteration of the chemi- (9) The term ‘‘contiguous zone’’ means the en- cal, physical, biological, and radiological integ- tire zone established or to be established by the rity of water. Page 487 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1363

(20) The term ‘‘medical waste’’ means isola- Pub. L. 109–58, title III, § 323, Aug. 8, 2005, 119 tion wastes; infectious agents; human blood and Stat. 694; Pub. L. 110–288, § 3, July 29, 2008, 122 blood products; pathological wastes; sharps; Stat. 2650.) body parts; contaminated bedding; surgical AMENDMENTS wastes and potentially contaminated laboratory wastes; dialysis wastes; and such additional 2008—Par. (25). Pub. L. 110–288 added par. (25). medical items as the Administrator shall pre- 2005—Par. (24). Pub. L. 109–58 added par. (24). scribe by regulation. 2000—Pars. (21) to (23). Pub. L. 106–284 added pars. (21) to (23). (21) COASTAL RECREATION WATERS.— 1996—Par. (6)(A). Pub. L. 104–106 substituted ‘‘ ‘sewage (A) IN GENERAL.—The term ‘‘coastal recre- from vessels or a discharge incidental to the normal op- ation waters’’ means— eration of a vessel of the Armed Forces’ ’’ for ‘‘ ‘sewage (i) the Great Lakes; and from vessels’ ’’. (ii) marine coastal waters (including coast- 1988—Par. (20). Pub. L. 100–688 added par. (20). al estuaries) that are designated under sec- 1987—Par. (3). Pub. L. 100–4, § 502(a), inserted ‘‘the tion 1313(c) of this title by a State for use for Commonwealth of the Northern Mariana Islands,’’ after swimming, bathing, surfing, or similar water ‘‘Samoa,’’. contact activities. Par. (14). Pub. L. 100–4, § 503, inserted ‘‘agricultural stormwater discharges and’’ after ‘‘does not include’’. (B) EXCLUSIONS.—The term ‘‘coastal recre- 1977—Par. (14). Pub. L. 95–217 inserted provision that ation waters’’ does not include— ‘‘point source’’ does not include return flows from irri- (i) inland waters; or gated agriculture. (ii) waters upstream of the mouth of a TERMINATION OF TRUST TERRITORY OF THE PACIFIC river or stream having an unimpaired natu- ISLANDS ral connection with the open sea. For termination of Trust Territory of the Pacific Is- (22) FLOATABLE MATERIAL.— lands, see note set out preceding section 1681 of Title (A) IN GENERAL.—The term ‘‘floatable mate- 48, Territories and Insular Possessions. rial’’ means any foreign matter that may float TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED or remain suspended in the water column. STATES (B) INCLUSIONS.—The term ‘‘floatable mate- For extension of territorial sea and contiguous zone rial’’ includes— of United States, see Proc. No. 5928 and Proc. No. 7219, (i) plastic; respectively, set out as notes under section 1331 of Title (ii) aluminum cans; 43, Public Lands. (iii) wood products; (iv) bottles; and DEFINITION OF ‘‘POINT SOURCE’’ (v) paper products. Section 507 of Pub. L. 100–4 provided that: ‘‘For pur- poses of the Federal Water Pollution Control Act [33 (23) PATHOGEN INDICATOR.—The term ‘‘patho- U.S.C. 1251 et seq.], the term ‘point source’ includes a gen indicator’’ means a substance that indicates landfill leachate collection system.’’ the potential for human infectious disease. (24) OIL AND GAS EXPLORATION AND PRODUC- § 1363. Water Pollution Control Advisory Board TION.—The term ‘‘oil and gas exploration, pro- (a) Establishment; composition; terms of office duction, processing, or treatment operations or transmission facilities’’ means all field activi- (1) There is hereby established in the Environ- ties or operations associated with exploration, mental Protection Agency a Water Pollution production, processing, or treatment operations, Control Advisory Board, composed of the Ad- or transmission facilities, including activities ministrator or his designee, who shall be Chair- necessary to prepare a site for drilling and for man, and nine members appointed by the Presi- the movement and placement of drilling equip- dent, none of whom shall be Federal officers or ment, whether or not such field activities or op- employees. The appointed members, having due erations may be considered to be construction regard for the purposes of this chapter, shall be activities. selected from among representatives of various (25) RECREATIONAL VESSEL.— State, interstate, and local governmental agen- (A) IN GENERAL.—The term ‘‘recreational cies, of public or private interests contributing vessel’’ means any vessel that is— to, affected by, or concerned with pollution, and (i) manufactured or used primarily for of other public and private agencies, organiza- pleasure; or tions, or groups demonstrating an active inter- (ii) leased, rented, or chartered to a person est in the field of pollution prevention and con- for the pleasure of that person. trol, as well as other individuals who are expert in this field. (B) EXCLUSION.—The term ‘‘recreational ves- (2)(A) Each member appointed by the Presi- sel’’ does not include a vessel that is subject to dent shall hold office for a term of three years, Coast Guard inspection and that— except that (i) any member appointed to fill a (i) is engaged in commercial use; or vacancy occurring prior to the expiration of the (ii) carries paying passengers. term for which his predecessor was appointed (June 30, 1948, ch. 758, title V, § 502, as added Pub. shall be appointed for the remainder of such L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 886; amended term, and (ii) the terms of office of the members Pub. L. 95–217, § 33(b), Dec. 27, 1977, 91 Stat. 1577; first taking office after June 30, 1956, shall ex- Pub. L. 100–4, title V, §§ 502(a), 503, Feb. 4, 1987, pire as follows: three at the end of one year after 101 Stat. 75; Pub. L. 100–688, title III, § 3202(a), such date, three at the end of two years after Nov. 18, 1988, 102 Stat. 4154; Pub. L. 104–106, div. such date, and three at the end of three years A, title III, § 325(c)(3), Feb. 10, 1996, 110 Stat. 259; after such date, as designated by the President Pub. L. 106–284, § 5, Oct. 10, 2000, 114 Stat. 875; at the time of appointment, and (iii) the term of § 1364 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 488 any member under the preceding provisions dence that a pollution source or combination of shall be extended until the date on which his sources is presenting an imminent and substan- successor’s appointment is effective. None of the tial endangerment to the health of persons or to members appointed by the President shall be eli- the welfare of persons where such endangerment gible for reappointment within one year after is to the livelihood of such persons, such as in- the end of his preceding term. ability to market shellfish, may bring suit on (B) The members of the Board who are not of- behalf of the United States in the appropriate ficers or employees of the United States, while district court to immediately restrain any per- attending conferences or meetings of the Board son causing or contributing to the alleged pollu- or while serving at the request of the Adminis- tion to stop the discharge of pollutants causing trator, shall be entitled to receive compensation or contributing to such pollution or to take such at a rate to be fixed by the Administrator, but other action as may be necessary. not exceeding $100 per diem, including travel- (b) Repealed. Pub. L. 96–510, title III, § 304(a), time, and while away from their homes or regu- Dec. 11, 1980, 94 Stat. 2809 lar places of business they may be allowed trav- el expenses, including per diem in lieu of sub- (June 30, 1948, ch. 758, title V, § 504, as added Pub. sistence, as authorized by law for persons in the L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 888; amended Government service employed intermittently. Pub. L. 95–217, § 69, Dec. 27, 1977, 91 Stat. 1607; Pub. L. 96–510, title III, § 304(a), Dec. 11, 1980, 94 (b) Functions Stat. 2809.) The Board shall advise, consult with, and make recommendations to the Administrator on AMENDMENTS matters of policy relating to the activities and 1980—Subsec. (b). Pub. L. 96–510 struck out subsec. (b) functions of the Administrator under this chap- which related to emergency assistance, establishment ter. of an emergency fund, and preparation of a contingency plan for such emergencies. (c) Clerical and technical assistance 1977—Pub. L. 95–217 designated existing provisions as Such clerical and technical assistance as may subsec. (a) and added subsec. (b). be necessary to discharge the duties of the Board shall be provided from the personnel of EFFECTIVE DATE OF 1980 AMENDMENT the Environmental Protection Agency. Amendment by Pub. L. 96–510 effective Dec. 11, 1980, see section 9652 of Title 42, The Public Health and Wel- (June 30, 1948, ch. 758, title V, § 503, as added Pub. fare. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 887.) § 1365. Citizen suits REFERENCES IN TEXT Travel expenses, including per diem in lieu of subsist- (a) Authorization; jurisdiction ence as authorized by law, referred to in subsec. Except as provided in subsection (b) of this (a)(2)(B), probably means the allowances authorized by section and section 1319(g)(6) of this title, any section 5703 of Title 5, Government Organization and citizen may commence a civil action on his own Employees. behalf— CONTINUATION OF TERM OF OFFICE (1) against any person (including (i) the Pub. L. 87–88, § 6(c), July 20, 1961, 75 Stat. 207, provided United States, and (ii) any other govern- that members of the Water Pollution Control Advisory mental instrumentality or agency to the ex- Board holding office immediately preceding July 20, tent permitted by the eleventh amendment to 1961 were to remain in office as members of the Board the Constitution) who is alleged to be in viola- as established by section 6(a) of Pub. L. 87–88 until the tion of (A) an effluent standard or limitation expiration of the terms of office for which they were under this chapter or (B) an order issued by originally appointed. the Administrator or a State with respect to TERMS OF OFFICE OF MEMBERS OF WATER POLLUTION such a standard or limitation, or CONTROL ADVISORY BOARD (2) against the Administrator where there is Act July 9, 1956, ch. 518, § 3, 70 Stat. 507, provided that alleged a failure of the Administrator to per- the terms of office of members of the Water Pollution form any act or duty under this chapter which Control Advisory Board, holding office on July 9, 1956, is not discretionary with the Administrator. were to terminate at the close of business on that date. The district courts shall have jurisdiction, with- TERMINATION OF ADVISORY BOARDS out regard to the amount in controversy or the Advisory boards in existence on Jan. 5, 1973, to termi- citizenship of the parties, to enforce such an ef- nate not later than the expiration of the 2-year period fluent standard or limitation, or such an order, following Jan. 5, 1973, unless, in the case of a board es- or to order the Administrator to perform such tablished by the President or an officer of the Federal act or duty, as the case may be, and to apply Government, such board is renewed by appropriate ac- any appropriate civil penalties under section tion prior to the expiration of such 2-year period, or in 1319(d) of this title. the case of a board established by the Congress, its du- ration is otherwise provided for by law. See sections (b) Notice 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, No action may be commenced— set out in the Appendix to Title 5, Government Organi- (1) under subsection (a)(1) of this section— zation and Employees. (A) prior to sixty days after the plaintiff § 1364. Emergency powers has given notice of the alleged violation (i) to the Administrator, (ii) to the State in (a) Emergency powers which the alleged violation occurs, and (iii) Notwithstanding any other provision of this to any alleged violator of the standard, limi- chapter, the Administrator upon receipt of evi- tation, or order, or Page 489 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1367

(B) if the Administrator or State has com- treatment standards under section 1317 of this menced and is diligently prosecuting a civil title; (5) certification under section 1341 of this or criminal action in a court of the United title; (6) a permit or condition thereof issued States, or a State to require compliance under section 1342 of this title, which is in effect with the standard, limitation, or order, but under this chapter (including a requirement ap- in any such action in a court of the United plicable by reason of section 1323 of this title); States any citizen may intervene as a mat- or (7) a regulation under section 1345(d) of this ter of right. title,.1 (2) under subsection (a)(2) of this section (g) ‘‘Citizen’’ defined prior to sixty days after the plaintiff has given For the purposes of this section the term ‘‘cit- notice of such action to the Administrator, izen’’ means a person or persons having an inter- except that such action may be brought imme- est which is or may be adversely affected. diately after such notification in the case of an (h) Civil action by State Governors action under this section respecting a violation A Governor of a State may commence a civil of sections 1316 and 1317(a) of this title. Notice action under subsection (a) of this section, with- under this subsection shall be given in such out regard to the limitations of subsection (b) of manner as the Administrator shall prescribe by this section, against the Administrator where regulation. there is alleged a failure of the Administrator to (c) Venue; intervention by Administrator; United enforce an effluent standard or limitation under States interests protected this chapter the violation of which is occurring (1) Any action respecting a violation by a dis- in another State and is causing an adverse effect charge source of an effluent standard or limita- on the public health or welfare in his State, or tion or an order respecting such standard or lim- is causing a violation of any water quality re- itation may be brought under this section only quirement in his State. in the judicial district in which such source is (June 30, 1948, ch. 758, title V, § 505, as added Pub. located. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 888; amended (2) In such action under this section, the Ad- Pub. L. 100–4, title III, § 314(c), title IV, ministrator, if not a party, may intervene as a § 406(d)(2), title V, §§ 504, 505(c), Feb. 4, 1987, 101 matter of right. Stat. 49, 73, 75, 76.) (3) PROTECTION OF INTERESTS OF UNITED REFERENCES IN TEXT STATES.—Whenever any action is brought under this section in a court of the United States, the The Federal Rules of Civil Procedure, referred to in plaintiff shall serve a copy of the complaint on subsec. (d), are set out in the Appendix to Title 28, Ju- the Attorney General and the Administrator. No diciary and Judicial Procedure. consent judgment shall be entered in an action AMENDMENTS in which the United States is not a party prior 1987—Subsec. (a). Pub. L. 100–4, § 314(c), inserted ‘‘and to 45 days following the receipt of a copy of the section 1319(g)(6) of this title’’ after ‘‘subsection (b) of proposed consent judgment by the Attorney this section’’ in introductory text. General and the Administrator. Subsec. (c)(3). Pub. L. 100–4, § 504, added par. (3). (d) Litigation costs Subsec. (d). Pub. L. 100–4, § 505(c), inserted ‘‘prevailing or substantially prevailing’’ before ‘‘party’’. The court, in issuing any final order in any ac- Subsec. (f). Pub. L. 100–4, § 406(d)(2), added cl. (7). tion brought pursuant to this section, may award costs of litigation (including reasonable § 1366. Appearance attorney and expert witness fees) to any prevail- The Administrator shall request the Attorney ing or substantially prevailing party, whenever General to appear and represent the United the court determines such award is appropriate. States in any civil or criminal action instituted The court may, if a temporary restraining order under this chapter to which the Administrator or preliminary injunction is sought, require the is a party. Unless the Attorney General notifies filing of a bond or equivalent security in accord- the Administrator within a reasonable time, ance with the Federal Rules of Civil Procedure. that he will appear in a civil action, attorneys (e) Statutory or common law rights not re- who are officers or employees of the Environ- stricted mental Protection Agency shall appear and rep- Nothing in this section shall restrict any right resent the United States in such action. which any person (or class of persons) may have (June 30, 1948, ch. 758, title V, § 506, as added Pub. under any statute or common law to seek en- L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 889.) forcement of any effluent standard or limitation or to seek any other relief (including relief § 1367. Employee protection against the Administrator or a State agency). (a) Discrimination against persons filing, insti- (f) Effluent standard or limitation tuting, or testifying in proceedings under this chapter prohibited For purposes of this section, the term ‘‘efflu- ent standard or limitation under this chapter’’ No person shall fire, or in any other way dis- means (1) effective July 1, 1973, an unlawful act criminate against, or cause to be fired or dis- under subsection (a) of section 1311 of this title; criminated against, any employee or any au- (2) an effluent limitation or other limitation thorized representative of employees by reason under section 1311 or 1312 of this title; (3) stand- of the fact that such employee or representative ard of performance under section 1316 of this title; (4) prohibition, effluent standard or pre- 1 So in original. § 1368 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 490 has filed, instituted, or caused to be filed or in- (e) Investigations of employment reductions stituted any proceeding under this chapter, or The Administrator shall conduct continuing has testified or is about to testify in any pro- evaluations of potential loss or shifts of employ- ceeding resulting from the administration or en- ment which may result from the issuance of any forcement of the provisions of this chapter. effluent limitation or order under this chapter, (b) Application for review; investigation; hear- including, where appropriate, investigating ing; review threatened plant closures or reductions in em- ployment allegedly resulting from such limita- Any employee or a representative of employ- tion or order. Any employee who is discharged ees who believes that he has been fired or other- or laid-off, threatened with discharge or lay-off, wise discriminated against by any person in vio- or otherwise discriminated against by any per- lation of subsection (a) of this section may, son because of the alleged results of any effluent within thirty days after such alleged violation limitation or order issued under this chapter, or occurs, apply to the Secretary of Labor for a re- any representative of such employee, may re- view of such firing or alleged discrimination. A quest the Administrator to conduct a full inves- copy of the application shall be sent to such per- tigation of the matter. The Administrator shall son who shall be the respondent. Upon receipt of thereupon investigate the matter and, at the re- such application, the Secretary of Labor shall quest of any party, shall hold public hearings on cause such investigation to be made as he deems not less than five days notice, and shall at such appropriate. Such investigation shall provide an hearings require the parties, including the em- opportunity for a public hearing at the request ployer involved, to present information relating of any party to such review to enable the parties to the actual or potential effect of such limita- to present information relating to such alleged tion or order on employment and on any alleged violation. The parties shall be given written no- discharge, lay-off, or other discrimination and tice of the time and place of the hearing at least the detailed reasons or justification therefor. five days prior to the hearing. Any such hearing Any such hearing shall be of record and shall be shall be of record and shall be subject to section subject to section 554 of title 5. Upon receiving 554 of title 5. Upon receiving the report of such the report of such investigation, the Adminis- investigation, the Secretary of Labor shall trator shall make findings of fact as to the ef- make findings of fact. If he finds that such vio- fect of such effluent limitation or order on em- lation did occur, he shall issue a decision, incor- ployment and on the alleged discharge, lay-off, porating an order therein and his findings, re- or discrimination and shall make such recom- quiring the party committing such violation to mendations as he deems appropriate. Such re- take such affirmative action to abate the viola- port, findings, and recommendations shall be tion as the Secretary of Labor deems appro- available to the public. Nothing in this sub- priate, including, but not limited to, the rehir- section shall be construed to require or author- ing or reinstatement of the employee or rep- ize the Administrator to modify or withdraw resentative of employees to his former position any effluent limitation or order issued under with compensation. If he finds that there was no this chapter. such violation, he shall issue an order denying the application. Such order issued by the Sec- (June 30, 1948, ch. 758, title V, § 507, as added Pub. retary of Labor under this subparagraph shall be L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 890.) subject to judicial review in the same manner as orders and decisions of the Administrator are § 1368. Federal procurement subject to judicial review under this chapter. (a) Contracts with violators prohibited (c) Costs and expenses No Federal agency may enter into any con- Whenever an order is issued under this section tract with any person, who has been convicted of to abate such violation, at the request of the ap- any offense under section 1319(c) of this title, for plicant, a sum equal to the aggregate amount of the procurement of goods, materials, and serv- all costs and expenses (including the attorney’s ices if such contract is to be performed at any fees), as determined by the Secretary of Labor, facility at which the violation which gave rise to have been reasonably incurred by the appli- to such conviction occurred, and if such facility cant for, or in connection with, the institution is owned, leased, or supervised by such person. and prosecution of such proceedings, shall be as- The prohibition in the preceding sentence shall sessed against the person committing such vio- continue until the Administrator certifies that lation. the condition giving rise to such conviction has been corrected. (d) Deliberate violations by employee acting without direction from his employer or his (b) Notification of agencies agent The Administrator shall establish procedures This section shall have no application to any to provide all Federal agencies with the notifi- employee who, acting without direction from his cation necessary for the purposes of subsection employer (or his agent) deliberately violates any (a) of this section. prohibition of effluent limitation or other limi- (c) Omitted tation under section 1311 or 1312 of this title, standards of performance under section 1316 of (d) Exemptions this title, effluent standard, prohibition or pre- The President may exempt any contract, loan, treatment standard under section 1317 of this or grant from all or part of the provisions of this title, or any other prohibition or limitation es- section where he determines such exemption is tablished under this chapter. necessary in the paramount interest of the Page 491 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1369

United States and he shall notify the Congress would divulge trade secrets or secret processes, of such exemption. the Administrator shall consider such record, (e) Annual report to Congress report, or information or particular portion thereof confidential in accordance with the pur- The President shall annually report to the poses of section 1905 of title 18, except that such Congress on measures taken in compliance with paper, book, document, or information may be the purpose and intent of this section, including, disclosed to other officers, employees, or author- but not limited to, the progress and problems ized representatives of the United States con- associated with such compliance. cerned with carrying out this chapter, or when (f) Contractor certification or contract clause in relevant in any proceeding under this chapter. acquisition of commercial items Witnesses summoned shall be paid the same fees (1) No certification by a contractor, and no and mileage that are paid witnesses in the contract clause, may be required in the case of courts of the United States. In case of contu- a contract for the acquisition of commercial macy or refusal to obey a subpena served upon items in order to implement a prohibition or re- any person under this subsection, the district quirement of this section or a prohibition or re- court of the United States for any district in quirement issued in the implementation of this which such person is found or resides or trans- section. acts business, upon application by the United (2) In paragraph (1), the term ‘‘commercial States and after notice to such person, shall item’’ has the meaning given such term in sec- have jurisdiction to issue an order requiring tion 103 of title 41. such person to appear and give testimony before the Administrator, to appear and produce pa- (June 30, 1948, ch. 758, title V, § 508, as added Pub. pers, books, and documents before the Adminis- L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 891; amended trator, or both, and any failure to obey such Pub. L. 103–355, title VIII, § 8301(a), Oct. 13, 1994, order of the court may be punished by such 108 Stat. 3396.) court as a contempt thereof. CODIFICATION (2) The district courts of the United States are authorized, upon application by the Adminis- Subsec. (c) of this section authorized the President to trator, to issue subpenas for attendance and tes- cause to be issued, not more than 180 days after October 18, 1972, an order (1) requiring each Federal agency au- timony of witnesses and the production of rel- thorized to enter into contracts or to extend Federal evant papers, books, and documents, for pur- assistance by way of grant, loan, or contract, to effec- poses of obtaining information under sections tuate the purpose and policy of this chapter, and (2) 1314(b) and (c) of this title. Any papers, books, setting forth procedures, sanctions and penalties as the documents, or other information or part thereof, President determines necessary to carry out such re- obtained by reason of such a subpena shall be quirement. subject to the same requirements as are pro- In subsec. (f)(2), ‘‘section 103 of title 41’’ substituted vided in paragraph (1) of this subsection. for ‘‘section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))’’ on authority of Pub. L. (b) Review of Administrator’s actions; selection 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act en- of court; fees acted Title 41, Public Contracts. (1) Review of the Administrator’s action (A) in AMENDMENTS promulgating any standard of performance under section 1316 of this title, (B) in making 1994—Subsec. (f). Pub. L. 103–355 added subsec. (f). any determination pursuant to section EFFECTIVE DATE OF 1994 AMENDMENT 1316(b)(1)(C) of this title, (C) in promulgating For effective date and applicability of amendment by any effluent standard, prohibition, or pre- Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set treatment standard under section 1317 of this out as a note under section 2302 of Title 10, Armed title, (D) in making any determination as to a Forces. State permit program submitted under section 1342(b) of this title, (E) in approving or promul- ADMINISTRATION OF CHAPTER WITH RESPECT TO gating any effluent limitation or other limita- FEDERAL CONTRACTS, GRANTS, OR LOANS tion under section 1311, 1312, 1316, or 1345 of this For provisions concerning the administration of this title, (F) in issuing or denying any permit under chapter with respect to Federal contracts, grants, or section 1342 of this title, and (G) in promulgat- loans, see Ex. Ord. No. 11738, Sept. 10, 1973, 38 F.R. 25161, ing any individual control strategy under sec- set out as a note under section 7606 of Title 42, The Public Health and Welfare. tion 1314(l) of this title, may be had by any in- terested person in the Circuit Court of Appeals § 1369. Administrative procedure and judicial re- of the United States for the Federal judicial dis- view trict in which such person resides or transacts business which is directly affected by such ac- (a) Subpenas tion upon application by such person. Any such (1) For purposes of obtaining information application shall be made within 120 days from under section 1315 of this title, or carrying out the date of such determination, approval, pro- section 1367(e) of this title, the Administrator mulgation, issuance or denial, or after such date may issue subpenas for the attendance and testi- only if such application is based solely on mony of witnesses and the production of rel- grounds which arose after such 120th day. evant papers, books, and documents, and he may (2) Action of the Administrator with respect to administer oaths. Except for effluent data, upon which review could have been obtained under a showing satisfactory to the Administrator paragraph (1) of this subsection shall not be sub- that such papers, books, documents, or informa- ject to judicial review in any civil or criminal tion or particular part thereof, if made public, proceeding for enforcement. § 1370 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 492

(3) AWARD OF FEES.—In any judicial proceeding litical subdivision or interstate agency may not under this subsection, the court may award adopt or enforce any effluent limitation, or costs of litigation (including reasonable attor- other limitation, effluent standard, prohibition, ney and expert witness fees) to any prevailing or pretreatment standard, or standard of perform- substantially prevailing party whenever it de- ance which is less stringent than the effluent termines that such award is appropriate. limitation, or other limitation, effluent stand- (c) Additional evidence ard, prohibition, pretreatment standard, or standard of performance under this chapter; or In any judicial proceeding brought under sub- (2) be construed as impairing or in any manner section (b) of this section in which review is affecting any right or jurisdiction of the States sought of a determination under this chapter re- with respect to the waters (including boundary quired to be made on the record after notice and waters) of such States. opportunity for hearing, if any party applies to the court for leave to adduce additional evi- (June 30, 1948, ch. 758, title V, § 510, as added Pub. dence, and shows to the satisfaction of the court L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 893.) that such additional evidence is material and that there were reasonable grounds for the fail- § 1371. Authority under other laws and regula- ure to adduce such evidence in the proceeding tions before the Administrator, the court may order (a) Impairment of authority or functions of offi- such additional evidence (and evidence in rebut- cials and agencies; treaty provisions tal thereof) to be taken before the Adminis- This chapter shall not be construed as (1) lim- trator, in such manner and upon such terms and iting the authority or functions of any officer or conditions as the court may deem proper. The agency of the United States under any other law Administrator may modify his findings as to the or regulation not inconsistent with this chapter; facts, or make new findings, by reason of the ad- (2) affecting or impairing the authority of the ditional evidence so taken and he shall file such Secretary of the Army (A) to maintain naviga- modified or new findings, and his recommenda- tion or (B) under the Act of March 3, 1899, (30 tion, if any, for the modification or setting aside Stat. 1112); except that any permit issued under of his original determination, with the return of section 1344 of this title shall be conclusive as to such additional evidence. the effect on water quality of any discharge re- (June 30, 1948, ch. 758, title V, § 509, as added Pub. sulting from any activity subject to section 403 L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 891; amended of this title, or (3) affecting or impairing the Pub. L. 93–207, § 1(6), Dec. 28, 1973, 87 Stat. 906; provisions of any treaty of the United States. Pub. L. 100–4, title III, § 308(b), title IV, (b) Discharges of pollutants into navigable wa- § 406(d)(3), title V, § 505(a), (b), Feb. 4, 1987, 101 ters Stat. 39, 73, 75; Pub. L. 100–236, § 2, Jan. 8, 1988, Discharges of pollutants into the navigable 101 Stat. 1732.) waters subject to the Rivers and Harbors Act of AMENDMENTS 1910 (36 Stat. 593; 33 U.S.C. 421) and the Super- visory Harbors Act of 1888 (25 Stat. 209; 33 U.S.C. 1988—Subsec. (b)(3), (4). Pub. L. 100–236 redesignated par. (4) as (3) and struck out former par. (3) relating to 441–451b) shall be regulated pursuant to this venue, which provided for selection procedure in sub- chapter, and not subject to such Act of 1910 and par. (A), administrative provisions in subpar. (B), and the Act of 1888 except as to effect on navigation transfers in subpar. (C). and anchorage. 1987—Subsec. (b)(1). Pub. L. 100–4, §§ 308(b), 406(d)(3), (c) Action of the Administrator deemed major 505(a), substituted ‘‘transacts business which is directly Federal action; construction of the National affected by such action’’ for ‘‘transacts such business’’, ‘‘120’’ for ‘‘ninety’’, and ‘‘120th’’ for ‘‘ninetieth’’, sub- Environmental Policy Act of 1969 stituted ‘‘1316, or 1345 of this title’’ for ‘‘or 1316 of this (1) Except for the provision of Federal finan- title’’ in cl. (E), and added cl. (G). cial assistance for the purpose of assisting the Subsec. (b)(3), (4). Pub. L. 100–4, § 505(b), added pars. construction of publicly owned treatment works (3) and (4). as authorized by section 1281 of this title, and 1973—Subsec. (b)(1)(C). Pub. L. 93–207 substituted the issuance of a permit under section 1342 of ‘‘pretreatment’’ for ‘‘treatment’’. this title for the discharge of any pollutant by a EFFECTIVE DATE OF 1988 AMENDMENT new source as defined in section 1316 of this Amendment by Pub. L. 100–236 effective 180 days after title, no action of the Administrator taken pur- Jan. 8, 1988, see section 3 of Pub. L. 100–236, set out as suant to this chapter shall be deemed a major a note under section 2112 of Title 28, Judiciary and Ju- Federal action significantly affecting the qual- dicial Procedure. ity of the human environment within the mean- § 1370. State authority ing of the National Environmental Policy Act of 1969 (83 Stat. 852) [42 U.S.C. 4321 et seq.]; and Except as expressly provided in this chapter, (2) Nothing in the National Environmental nothing in this chapter shall (1) preclude or Policy Act of 1969 (83 Stat. 852) shall be deemed deny the right of any State or political subdivi- to— sion thereof or interstate agency to adopt or en- (A) authorize any Federal agency authorized force (A) any standard or limitation respecting to license or permit the conduct of any activ- discharges of pollutants, or (B) any requirement ity which may result in the discharge of a pol- respecting control or abatement of pollution; ex- lutant into the navigable waters to review any cept that if an effluent limitation, or other limi- effluent limitation or other requirement es- tation, effluent standard, prohibition, pre- tablished pursuant to this chapter or the ade- treatment standard, or standard of performance quacy of any certification under section 1341 is in effect under this chapter, such State or po- of this title; or Page 493 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1374

(B) authorize any such agency to impose, as 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appen- a condition precedent to the issuance of any dix to Title 5, Government Organization and Employ- license or permit, any effluent limitation ees. other than any such limitation established CODIFICATION pursuant to this chapter. In text, ‘‘sections 3141–3144, 3146, and 3147 of title 40’’ (d) Consideration of international water pollu- substituted for ‘‘the Act of March 3, 1931, as amended, tion control agreements known as the Davis-Bacon Act (46 Stat. 1494; 40 U.S.C., Notwithstanding this chapter or any other sec. 276a through 276a–5)’’ and ‘‘section 3145 of title 40’’ provision of law, the Administrator (1) shall not substituted for ‘‘section 2 of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276c)’’ on authority of require any State to consider in the develop- Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the ment of the ranking in order of priority of needs first section of which enacted Title 40, Public Build- for the construction of treatment works (as de- ings, Property, and Works. fined in subchapter II of this chapter), any water APPLICABILITY OF LABOR STANDARDS TO CONSTRUCTION pollution control agreement which may have OF TREATMENT WORKS been entered into between the United States and any other nation, and (2) shall not consider any Pub. L. 112–74, div. E, title II, Dec. 23, 2011, 125 Stat. such agreement in the approval of any such pri- 1020, provided in part that: ‘‘For fiscal year 2012 and each fiscal year thereafter, the requirements of section ority ranking. 513 of the Federal Water Pollution Control Act (33 (June 30, 1948, ch. 758, title V, § 511, as added Pub. U.S.C. 1372) shall apply to the construction of treat- L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 893; amended ment works carried out in whole or in part with assist- Pub. L. 93–243, § 3, Jan. 2, 1974, 87 Stat. 1069.) ance made available by a State water pollution control revolving fund as authorized by title VI of that Act (33 REFERENCES IN TEXT U.S.C. 1381 et seq.), or with assistance made available Act of March 3, 1899, referred to in subsec. (a), is act under section 205(m) of that Act (33 U.S.C. 1285(m)), or Mar. 3, 1899, ch. 425, 30 Stat. 1121, as amended, which en- both.’’ acted sections 401, 403, 404, 406, 407, 408, 409, 411 to 416, 418, 502, 549, and 687 of this title and amended section § 1373. Public health agency coordination 686 of this title. For complete classification of this Act The permitting agency under section 1342 of to the Code, see Tables. this title shall assist the applicant for a permit The Rivers and Harbors Act of 1910, referred to in sub- sec. (b), probably means act June 23, 1910, ch. 359, 36 under such section in coordinating the require- Stat. 593. ments of this chapter with those of the appro- The Supervisory Harbors Act of 1888, referred to in priate public health agencies. subsec. (b), probably means act June 29, 1888, ch. 496, 25 Stat. 209, as amended, which is classified generally to (June 30, 1948, ch. 758, title V, § 514, as added Pub. subchapter III (§ 441 et seq.) of chapter 9 of this title. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 894.) For complete classification of this Act to the Code, see Tables. § 1374. Effluent Standards and Water Quality In- The National Environmental Policy Act of 1969, re- formation Advisory Committee ferred to in subsec. (c), is Pub. L. 91–190, Jan. 1, 1970, 83 (a) Establishment; membership; term Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health (1) There is established an Effluent Standards and Welfare. For complete classification of this Act to and Water Quality Information Advisory Com- the Code, see Short Title note set out under section mittee, which shall be composed of a Chairman 4321 of Title 42 and Tables. and eight members who shall be appointed by AMENDMENTS the Administrator within sixty days after Octo- 1974—Subsec. (d). Pub. L. 93–243 added subsec. (d). ber 18, 1972. (2) All members of the Committee shall be se- § 1372. Labor standards lected from the scientific community, qualified by education, training, and experience to pro- The Administrator shall take such action as vide, assess, and evaluate scientific and tech- may be necessary to insure that all laborers and nical information on effluent standards and lim- mechanics employed by contractors or sub- itations. contractors on treatment works for which (3) Members of the Committee shall serve for grants are made under this chapter shall be paid a term of four years, and may be reappointed. wages at rates not less than those prevailing for the same type of work on similar construction (b) Action on proposed regulations in the immediate locality, as determined by the (1) No later than one hundred and eighty days Secretary of Labor, in accordance with sections prior to the date on which the Administrator is 3141–3144, 3146, and 3147 of title 40. The Secretary required to publish any proposed regulations re- of Labor shall have, with respect to the labor quired by section 1314(b) of this title, any pro- standards specified in this subsection,1 the au- posed standard of performance for new sources thority and functions set forth in Reorganiza- required by section 1316 of this title, or any pro- tion Plan Numbered 14 of 1950 (15 F.R. 3176) and posed toxic effluent standard required by section section 3145 of title 40. 1317 of this title, he shall transmit to the Com- (June 30, 1948, ch. 758, title V, § 513, as added Pub. mittee a notice of intent to propose such regula- L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 894.) tions. The Chairman of the Committee within ten days after receipt of such notice may pub- REFERENCES IN TEXT lish a notice of a public hearing by the Commit- Reorganization Plan Numbered 14 of 1950, referred to tee, to be held within thirty days. in text, is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, (2) No later than one hundred and twenty days after receipt of such notice, the Committee shall 1 So in original. Probably should be ‘‘section,’’. transmit to the Administrator such scientific § 1375 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 494 and technical information as is in its possession, § 1375. Reports to Congress; detailed estimates including that presented at any public hearing, and comprehensive study on costs; State esti- related to the subject matter contained in such mates notice. (a) Implementation of chapter objectives; status (3) Information so transmitted to the Adminis- and progress of programs trator shall constitute a part of the administra- tive record and comments on any proposed regu- Within ninety days following the convening of lations or standards as information to be consid- each session of Congress, the Administrator ered with other comments and information in shall submit to the Congress a report, in addi- making any final determinations. tion to any other report required by this chap- ter, on measures taken toward implementing (4) In preparing information for transmittal, the objective of this chapter, including, but not the Committee shall avail itself of the technical limited to, (1) the progress and problems associ- and scientific services of any Federal agency, in- ated with developing comprehensive plans under cluding the United States Geological Survey and section 1252 of this title, areawide plans under any national environmental laboratories which section 1288 of this title, basin plans under sec- may be established. tion 1289 of this title, and plans under section (c) Secretary; legal counsel; compensation 1313(e) of this title; (2) a summary of actions (1) The Committee shall appoint and prescribe taken and results achieved in the field of water the duties of a Secretary, and such legal counsel pollution control research, experiments, studies, as it deems necessary. The Committee shall ap- and related matters by the Administrator and point such other employees as it deems nec- other Federal agencies and by other persons and essary to exercise and fulfill its powers and re- agencies under Federal grants or contracts; (3) sponsibilities. The compensation of all employ- the progress and problems associated with the ees appointed by the Committee shall be fixed in development of effluent limitations and rec- accordance with chapter 51 and subchapter III of ommended control techniques; (4) the status of chapter 53 of title 5. State programs,including a detailed summary of (2) Members of the Committee shall be enti- the progress obtained as compared to that tled to receive compensation at a rate to be planned under State program plans for develop- fixed by the President but not in excess of the ment and enforcement of water quality require- maximum rate of pay for grade GS–18, as pro- ments; (5) the identification and status of en- vided in the General Schedule under section 5332 forcement actions pending or completed under of title 5. this chapter during the preceding year; (6) the (d) Quorum; special panel status of State, interstate, and local pollution control programs established pursuant to, and Five members of the Committee shall con- assisted by, this chapter; (7) a summary of the stitute a quorum, and official actions of the results of the survey required to be taken under Committee shall be taken only on the affirma- section 1290 of this title; (8) his activities includ- tive vote of at least five members. A special ing recommendations under sections 1259 panel composed of one or more members upon through 1261 of this title; and (9) all reports and order of the Committee shall conduct any hear- recommendations made by the Water Pollution ing authorized by this section and submit the Control Advisory Board. transcript of such hearing to the entire Commit- (b) Detailed estimates and comprehensive study tee for its action thereon. on costs; State estimates, survey form (e) Rules (1) The Administrator, in cooperation with the The Committee is authorized to make such States, including water pollution control agen- rules as are necessary for the orderly trans- cies and other water pollution control planning action of its business. agencies, shall make (A) a detailed estimate of (June 30, 1948, ch. 758, title V, § 515, as added Pub. the cost of carrying out the provisions of this L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 894.) chapter; (B) a detailed estimate, biennially re- vised, of the cost of construction of all needed TERMINATION OF ADVISORY COMMITTEES publicly owned treatment works in all of the Advisory committees in existence on Jan. 5, 1973, to States and of the cost of construction of all terminate not later than the expiration of the 2-year needed publicly owned treatment works in each period following Jan. 5, 1973, unless, in the case of a of the States; (C) a comprehensive study of the committee established by the President or an officer of economic impact on affected units of govern- the Federal Government, such committee is renewed by ment of the cost of installation of treatment fa- appropriate action prior to the expiration of such 2- cilities; and (D) a comprehensive analysis of the year period, or in the case of a committee established by the Congress, its duration is otherwise provided by national requirements for and the cost of treat- law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86 ing municipal, industrial, and other effluent to Stat. 776, set out in the Appendix to Title 5, Govern- attain the water quality objectives as estab- ment Organization and Employees. lished by this chapter or applicable State law. The Administrator shall submit such detailed REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES estimate and such comprehensive study of such cost to the Congress no later than February 10 References in laws to the rates of pay for GS–16, 17, of each odd-numbered year. Whenever the Ad- or 18, or to maximum rates of pay under the General ministrator, pursuant to this subsection, re- Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- quests and receives an estimate of cost from a zation and Employees, see section 529 [title I, § 101(c)(1)] State, he shall furnish copies of such estimate of Pub. L. 101–509, set out in a note under section 5376 together with such detailed estimate to Con- of Title 5. gress. Page 495 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1375

(2) Notwithstanding the second sentence of (e) State revolving fund report paragraph (1) of this subsection, the Adminis- (1) In general trator shall make a preliminary detailed esti- Not later than February 10, 1990, the Admin- mate called for by subparagraph (B) of such istrator shall submit to Congress a report on paragraph and shall submit such preliminary de- the financial status and operations of water tailed estimate to the Congress no later than pollution control revolving funds established September 3, 1974. The Administrator shall re- by the States under subchapter VI of this quire each State to prepare an estimate of cost for such State, and shall utilize the survey form chapter. The Administrator shall prepare such EPA–1, O.M.B. No. 158–R0017, prepared for the report in cooperation with the States, includ- 1973 detailed estimate, except that such esti- ing water pollution control agencies and other mate shall include all costs of compliance with water pollution control planning and financ- section 1281(g)(2)(A) of this title and water qual- ing agencies. ity standards established pursuant to section (2) Contents 1313 of this title, and all costs of treatment The report under this subsection shall also works as defined in section 1292(2) of this title, include the following: including all eligible costs of constructing sew- (A) an inventory of the facilities that are age collection systems and correcting excessive in significant noncompliance with the en- infiltration or inflow and all eligible costs of forceable requirements of this chapter; correcting combined storm and sanitary sewer (B) an estimate of the cost of construction problems and treating storm water flows. The necessary to bring such facilities into com- survey form shall be distributed by the Adminis- pliance with such requirements; trator to each State no later than January 31, (C) an assessment of the availability of 1974. sources of funds for financing such needed (c) Status of combined sewer overflows in munic- construction, including an estimate of the ipal treatment works operations amount of funds available for providing as- The Administrator shall submit to the Con- sistance for such construction through Sep- gress by October 1, 1978, a report on the status tember 30, 1999, from the water pollution of combined sewer overflows in municipal treat- control revolving funds established by the ment works operations. The report shall include States under subchapter VI of this chapter; (1) the status of any projects funded under this (D) an assessment of the operations, loan chapter to address combined sewer overflows (2) portfolio, and loan conditions of such revolv- a listing by State of combined sewer overflow ing funds; needs identified in the 1977 State priority list- (E) an assessment of the effect on user ings, (3) an estimate for each applicable munici- charges of the assistance provided by such pality of the number of years necessary, assum- revolving funds compared to the assistance ing an annual authorization and appropriation provided with funds appropriated pursuant for the construction grants program of to section 1287 of this title; and $5,000,000,000, to correct combined sewer over- (F) an assessment of the efficiency of the flow problems, (4) an analysis using representa- operation and maintenance of treatment tive municipalities faced with major combined works constructed with assistance provided sewer overflow needs, of the annual discharges by such revolving funds compared to the ef- of pollutants from overflows in comparison to ficiency of the operation and maintenance of treated effluent discharges, (5) an analysis of the treatment works constructed with assist- technological alternatives available to munici- ance provided under section 1281 of this title. palities to correct major combined sewer over- (June 30, 1948, ch. 758, title V, § 516, as added Pub. flow problems, and (6) any recommendations of L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 895; amended the Administrator for legislation to address the Pub. L. 93–243, § 4, Jan. 2, 1974, 87 Stat. 1069; Pub. problem of combined sewer overflows, including L. 95–217, §§ 70–72, Dec. 27, 1977, 91 Stat. 1608, 1609; whether a separate authorization and grant pro- Pub. L. 100–4, title II, § 212(c), Feb. 4, 1987, 101 gram should be established by the Congress to Stat. 27; Pub. L. 104–66, title II, § 2021(d), Dec. 21, address combined sewer overflows. 1995, 109 Stat. 727; Pub. L. 105–362, title V, (d) Legislative recommendations on program re- § 501(d)(1), Nov. 10, 1998, 112 Stat. 3283; Pub. L. quiring coordination between water supply 107–303, title III, § 302(b)(1), Nov. 27, 2002, 116 and wastewater control plans as condition Stat. 2361.) for construction grants; public hearing AMENDMENTS The Administrator, in cooperation with the States, including water pollution control agen- 2002—Subsecs. (a) to (e). Pub. L. 107–303 repealed Pub. L. 105–362, § 501(d)(1). See 1998 Amendment notes below. cies, and other water pollution control planning 1998—Subsec. (a). Pub. L. 105–362, § 501(d)(1)(A), which agencies, and water supply and water resources directed the striking out of subsec. (a), was repealed by agencies of the States and the United States Pub. L. 107–303. See Effective Date of 2002 Amendment shall submit to Congress, within two years of note below. December 27, 1977, a report with recommenda- Subsec. (b). Pub. L. 105–362, § 501(d), which directed tions for legislation on a program to require co- the striking out of par. (1) designation, redesignation of ordination between water supply and waste- subpars. (A) to (D) as pars. (1) to (4), respectively, and water control plans as a condition to grants for striking out of par. (2), was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below. construction of treatment works under this Subsecs. (c) to (e). Pub. L. 105–362, § 501(d)(1)(A), which chapter. No such report shall be submitted ex- directed the striking out of subsecs. (c) to (e), was re- cept after opportunity for public hearings on pealed by Pub. L. 107–303. See Effective Date of 2002 such proposed report. Amendment note below. § 1375a TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 496

1995—Subsecs. (d), (e), (g). Pub. L. 104–66 redesignated Pub. L. 100–4, title V, § 524, Feb. 4, 1987, 101 Stat. 89, subsecs. (e) and (g) as (d) and (e), respectively, and directed Administrator to conduct a study of dam struck out former subsec. (d) which related to status water quality and report results of such study to Con- reports on the use of municipal secondary effluent and gress not later than Dec. 31, 1987. sludge for agricultural and other purposes that utilize Pub. L. 100–4, title V, § 525, Feb. 4, 1987, 101 Stat. 89, the nutrient value of treated wastewater effluent. directed Administrator to conduct a study of pollution 1987—Subsec. (g). Pub. L. 100–4 added subsec. (g). in Lake Pend Oreille, Idaho, and the Clark Fork River 1977—Subsecs. (c) to (e). Pub. L. 95–217 added subsecs. and its tributaries, Idaho, Montana, and Washington, (c) to (e). and to report to Congress findings and recommenda- 1974—Subsec. (b). Pub. L. 93–243 designated existing tions. paragraph as par. (1) and cls. (1) to (4) as (A) to (D), and DETAILED ESTIMATES, COMPREHENSIVE STUDY, AND added par. (2). COMPREHENSIVE ANALYSIS; REPORT TO CONGRESS NOT EFFECTIVE DATE OF 2002 AMENDMENT LATER THAN DECEMBER 31, 1982 Amendment by Pub. L. 107–303 effective Nov. 10, 1998, Pub. L. 97–117, § 25, Dec. 29, 1981, 95 Stat. 1633, provided and Federal Water Pollution Act (33 U.S.C. 1251 et seq.) that the Administrator of the Environmental Protec- to be applied and administered on and after Nov. 27, tion Agency submit to the Congress, not later than De- 2002, as if amendments made by section 501(a)–(d) of cember 31, 1982, a report containing the detailed esti- Pub. L. 105–362 had not been enacted, see section 302(b) mates, comprehensive study, and comprehensive analy- of Pub. L. 107–303, set out as a note under section 1254 sis required by section 1375(b) of this title, including an of this title. estimate of the total cost and the amount of Federal funds necessary for the construction of needed publicly STUDIES AND REPORTS owned treatment facilities, such report to reflect the Pub. L. 100–4, title III, § 308(g), Feb. 4, 1987, 101 Stat. changes made in the Federal water pollution control 40, directed Administrator to conduct a water quality program by Pub. L. 97–117 [see Short Title of 1981 improvement study and report results of such study to Amendment note set out under section 1251 of this specified Congressional committees not later than 2 title]. The Administrator was to give emphasis to the years after Feb. 4, 1987. effects of the amendment made by section 2(a) of Pub. Pub. L. 100–4, title III, § 314(b), Feb. 4, 1987, 101 Stat. L. 97–117 [amending section 1281(g)(1) of this title] in 49, directed Secretary of the Army and Administrator addressing water quality needs adequately and appro- to each prepare a report on enforcement mechanisms priately. and to submit the reports to Congress not later than STUDY AND REPORT TO CONGRESS BY SECRETARY OF Dec. 1, 1988. THE INTERIOR OF FINANCING WATER POLLUTION PRE- Pub. L. 100–4, title IV, § 404(c), Feb. 4, 1987, 101 Stat. VENTION, CONTROL, AND ABATEMENT PROGRAMS 69, directed Administrator to study extent to which States have adopted water quality standards in accord- Pub. L. 91–224, title I, § 109, Apr. 3, 1970, 34 Stat. 113, ance with section 1313a of this title and extent to which directed the Secretary of the Interior to conduct a full modifications of permits issued under section and complete investigation and study of the feasibility 1342(a)(1)(B) of this title for the purpose of reflecting of all methods of financing the cost of preventing, con- revisions of water quality standards be encouraged and trolling, and abating water pollution, other than meth- to submit a report on such study to Congress not later ods authorized by existing law, with results of such in- than 2 years after Feb. 4, 1987, prior to repeal by Pub. vestigation and study to be reported to Congress no L. 104–66, title II, § 2021(e)(1), Dec. 21, 1995, 109 Stat. 727. later than Dec. 31, 1970, together with the recommenda- Pub. L. 100–4, title V, § 516, Feb. 4, 1987, 101 Stat. 86, tions of the Secretary for financing the programs for directed Administrator to conduct a study of de mini- preventing, controlling, and abating water pollution for mis discharges and report results of such study to spec- the fiscal years beginning after fiscal year 1971, includ- ified Congressional committees not later than 1 year ing any necessary legislation. after Feb. 4, 1987. TERMINATION OF ADVISORY BOARDS Pub. L. 100–4, title V, § 517, Feb. 4, 1987, 101 Stat. 86, directed Administrator to conduct a study of effective- Advisory boards in existence on Jan. 5, 1973, to termi- ness of innovative and alternative wastewater proc- nate not later than the expiration of the 2-year period esses and techniques and report results of such study to following Jan. 5, 1973, unless, in the case of a board es- specified Congressional committees not later than 1 tablished by the President or an officer of the Federal year after Feb. 4, 1987. Government, such board is renewed by appropriate ac- Pub. L. 100–4, title V, § 518, Feb. 4, 1987, 101 Stat. 86, tion prior to the expiration of such 2-year period, or in directed Administrator to conduct a study of testing the case of a board established by the Congress, its du- procedures established under section 1314(h) of this ration is otherwise provided by law, see sections 3(2) title for analysis of pollutants and report results of and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set such study to specified Congressional committees not out in the Appendix to Title 5, Government Organiza- later than 1 year after Feb. 4, 1987. tion and Employees. Pub. L. 100–4, title V, § 519, Feb. 4, 1987, 101 Stat. 87, § 1375a. Report on coastal recreation waters directed Administrator to conduct a study of pre- treatment of toxic pollutants and report results of such (a) In general study to specified Congressional committees not later Not later than 4 years after October 10, 2000, than 4 years after Feb. 4, 1987. Pub. L. 100–4, title V, § 520, Feb. 4, 1987, 101 Stat. 87, and every 4 years thereafter, the Administrator directed Administrator, in conjunction with State and of the Environmental Protection Agency shall local agencies, to conduct studies of water pollution submit to Congress a report that includes— problems in aquifers and report result of such studies (1) recommendations concerning the need for to Congress not later than 2 years after Feb. 4, 1987. additional water quality criteria for pathogens Pub. L. 100–4, title V, § 522, Feb. 4, 1987, 101 Stat. 88, and pathogen indicators and other actions directed Administrator to conduct a study on sulfide that should be taken to improve the quality of corrosion in collection and treatment systems and re- coastal recreation waters; port results of such study to specified Congressional (2) an evaluation of Federal, State, and local committees not later than 1 year after Feb. 4, 1987. Pub. L. 100–4, title V, § 523, Feb. 4, 1987, 101 Stat. 89, efforts to implement this Act, including the directed Administrator to conduct a study of rainfall amendments made by this Act; and induced infiltration into sewer systems and report re- (3) recommendations on improvements to sults of such study to Congress not later than 1 year methodologies and techniques for monitoring after Feb. 4, 1987. of coastal recreation waters. Page 497 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1377

(b) Coordination 1977—Pub. L. 95–217 substituted ‘‘$350,000,000 for the fiscal year ending June 30, 1975, $100,000,000 for the fis- The Administrator of the Environmental Pro- cal year ending September 30, 1977, $150,000,000 for the tection Agency may coordinate the report under fiscal year ending September 30, 1978, $150,000,000 for this section with other reporting requirements the fiscal year ending September 30, 1979, and under the Federal Water Pollution Control Act $150,000,000 for the fiscal year ending September 30, (33 U.S.C. 1251 et seq.). 1980’’ for ‘‘and $350,000,000 for the fiscal year ending June 30, 1975’’. (Pub. L. 106–284, § 7, Oct. 10, 2000, 114 Stat. 876.) AUTHORIZATION APPROVAL FOR FUNDS APPROPRIATED REFERENCES IN TEXT BEFORE DECEMBER 27, 1977, FOR EXPENDITURES This Act, referred to in subsec. (a)(2), is Pub. L. THROUGH FISCAL YEAR ENDING SEPTEMBER 30, 1977 106–284, Oct. 10, 2000, 114 Stat. 870, known as the Beaches Section 3 of Pub. L. 95–217 provided that funds appro- Environmental Assessment and Coastal Health Act of priated before Dec. 27, 1977 for expenditure during the 2000. For complete classification of this Act to the fiscal year ending June 30, 1976, the transition quarter Code, see Short Title of 2000 Amendment note set out ending September 30, 1976, and the fiscal year ending under section 1251 of this title and Tables. September 30, 1977, under authority of this chapter The Federal Water Pollution Control Act, referred to were authorized for those purposes for which appro- in subsec. (b), is act June 30, 1948, ch. 758, as amended priated. generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to this chapter. For com- § 1377. Indian tribes plete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and (a) Policy Tables. Nothing in this section shall be construed to CODIFICATION affect the application of section 1251(g) of this title, and all of the provisions of this section Section was enacted as part of the Beaches Environ- shall be carried out in accordance with the pro- mental Assessment and Coastal Health Act of 2000, and not as part of the Federal Water Pollution Control Act visions of such section 1251(g) of this title. In- which comprises this chapter. dian tribes shall be treated as States for pur- poses of such section 1251(g) of this title. § 1376. Authorization of appropriations (b) Assessment of sewage treatment needs; re- There are authorized to be appropriated to port carry out this chapter, other than sections 1254, The Administrator, in cooperation with the 1255, 1256(a), 1257, 1258, 1262, 1263, 1264, 1265, 1286, Director of the Indian Health Service, shall as- 1287, 1288(f) and (h), 1289, 1314, 1321(c), (d), (i), (l), sess the need for sewage treatment works to and (k),1 1324, 1325, and 1327 of this title, serve Indian tribes, the degree to which such $250,000,000 for the fiscal year ending June 30, needs will be met through funds allotted to 1973, $300,000,000 for the fiscal year ending June States under section 1285 of this title and prior- 30, 1974, $350,000,000 for the fiscal year ending ity lists under section 1296 of this title, and any June 30, 1975, $100,000,000 for the fiscal year end- obstacles which prevent such needs from being ing September 30, 1977, $150,000,000 for the fiscal met. Not later than one year after February 4, year ending September 30, 1978, $150,000,000 for 1987, the Administrator shall submit a report to the fiscal year ending September 30, 1979, Congress on the assessment under this sub- $150,000,000 for the fiscal year ending September section, along with recommendations specifying 30, 1980, $150,000,000 for the fiscal year ending (1) how the Administrator intends to provide as- September 30, 1981, $161,000,000 for the fiscal year sistance to Indian tribes to develop waste treat- ending September 30, 1982, such sums as may be ment management plans and to construct treat- necessary for fiscal years 1983 through 1985, and ment works under this chapter, and (2) methods $135,000,000 per fiscal year for each of the fiscal by which the participation in and administra- years 1986 through 1990. tion of programs under this chapter by Indian (June 30, 1948, ch. 758, title V, § 517, as added Pub. tribes can be maximized. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 896; amended (c) Reservation of funds Pub. L. 95–217, § 4(g), Dec. 27, 1977, 91 Stat. 1567; The Administrator shall reserve each fiscal Pub. L. 96–483, § 1(g), Oct. 21, 1980, 94 Stat. 2360; year beginning after September 30, 1986, before Pub. L. 100–4, title I, § 101(h), Feb. 4, 1987, 101 allotments to the States under section 1285(e) of Stat. 9.) this title, one-half of one percent of the sums REFERENCES IN TEXT appropriated under section 1287 of this title. Sums reserved under this subsection shall be Section 1321(k) of this title, referred to in text, was available only for grants for the development of repealed by Pub. L. 101–380, title II, § 2002(b)(2), Aug. 18, waste treatment management plans and for the 1990, 104 Stat. 507. construction of sewage treatment works to AMENDMENTS serve Indian tribes, as defined in subsection (h) 1987—Pub. L. 100–4 struck out ‘‘and’’ after ‘‘1981,’’ and of this section and former Indian reservations in inserted ‘‘, such sums as may be necessary for fiscal Oklahoma (as determined by the Secretary of years 1983 through 1985, and $135,000,000 per fiscal year the Interior) and Alaska Native Villages as de- for each of the fiscal years 1986 through 1990’’ after fined in Public Law 92–203 [43 U.S.C. 1601 et seq.]. ‘‘1982’’. (d) Cooperative agreements 1980—Pub. L. 96–483 inserted authorization of $150,000,000 for fiscal year ending Sept. 30, 1981 and In order to ensure the consistent implementa- $161,000,000 for fiscal year ending Sept. 30, 1982. tion of the requirements of this chapter, an In- dian tribe and the State or States in which the 1 See References in Text note below. lands of such tribe are located may enter into a § 1377 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 498 cooperative agreement, subject to the review this title may be used to make grants under this and approval of the Administrator, to jointly subsection. In addition to the requirements of plan and administer the requirements of this section 1329 of this title, an Indian tribe shall be chapter. required to meet the requirements of paragraphs (e) Treatment as States (1), (2), and (3) of subsection (d) 1 of this section in order to receive such a grant. The Administrator is authorized to treat an Indian tribe as a State for purposes of sub- (g) Alaska Native organizations chapter II of this chapter and sections 1254, 1256, No provision of this chapter shall be construed 1313, 1315, 1318, 1319, 1324, 1329, 1341, 1342, 1344, and to— 1346 of this title to the degree necessary to carry (1) grant, enlarge, or diminish, or in any way out the objectives of this section, but only if— affect the scope of the governmental author- (1) the Indian tribe has a governing body car- ity, if any, of any Alaska Native organization, rying out substantial governmental duties and including any federally-recognized tribe, tradi- powers; tional Alaska Native council, or Native coun- (2) the functions to be exercised by the In- cil organized pursuant to the Act of June 18, dian tribe pertain to the management and pro- 1934 (48 Stat. 987), over lands or persons in tection of water resources which are held by Alaska; an Indian tribe, held by the United States in (2) create or validate any assertion by such trust for Indians, held by a member of an In- organization or any form of governmental au- dian tribe if such property interest is subject thority over lands or persons in Alaska; or to a trust restriction on alienation, or other- (3) in any way affect any assertion that In- wise within the borders of an Indian reserva- dian country, as defined in section 1151 of title tion; and 18, exists or does not exist in Alaska. (3) the Indian tribe is reasonably expected to (h) Definitions be capable, in the Administrator’s judgment, For purposes of this section, the term— of carrying out the functions to be exercised (1) ‘‘Federal Indian reservation’’ means all in a manner consistent with the terms and land within the limits of any Indian reserva- purposes of this chapter and of all applicable tion under the jurisdiction of the United regulations. States Government, notwithstanding the issu- Such treatment as a State may include the di- ance of any patent, and including rights-of- rect provision of funds reserved under sub- way running through the reservation; and section (c) of this section to the governing bod- (2) ‘‘Indian tribe’’ means any Indian tribe, ies of Indian tribes, and the determination of band, group, or community recognized by the priorities by Indian tribes, where not deter- Secretary of the Interior and exercising gov- mined by the Administrator in cooperation with ernmental authority over a Federal Indian the Director of the Indian Health Service. The reservation. Administrator, in cooperation with the Director (June 30, 1948, ch. 758, title V, § 518, as added Pub. of the Indian Health Service, is authorized to L. 100–4, title V, § 506, Feb. 4, 1987, 101 Stat. 76; make grants under subchapter II of this chapter amended Pub. L. 100–581, title II, § 207, Nov. 1, in an amount not to exceed 100 percent of the 1988, 102 Stat. 2940; Pub. L. 106–284, § 6, Oct. 10, cost of a project. Not later than 18 months after 2000, 114 Stat. 876.) February 4, 1987, the Administrator shall, in consultation with Indian tribes, promulgate REFERENCES IN TEXT final regulations which specify how Indian Public Law 92–203, referred to in subsec. (c), is Pub. L. tribes shall be treated as States for purposes of 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, known as this chapter. The Administrator shall, in pro- the Alaska Native Claims Settlement Act, which is mulgating such regulations, consult affected classified generally to chapter 33 (§ 1601 et seq.) of Title States sharing common water bodies and pro- 43, Public Lands. The term ‘‘Alaska Native Villages’’ is vide a mechanism for the resolution of any un- defined in section 3 of Pub. L. 92–203 which is classified to section 1602 of Title 43. For complete classification reasonable consequences that may arise as a re- of this Act to the Code, see Short Title note set out sult of differing water quality standards that under section 1601 of Title 43 and Tables. may be set by States and Indian tribes located Act of June 18, 1934 (48 Stat. 987), referred to in sub- on common bodies of water. Such mechanism sec. (g)(1), is act June 18, 1934, ch. 576, 48 Stat. 984, as shall provide for explicit consideration of rel- amended, popularly known as the Indian Reorganiza- evant factors including, but not limited to, the tion Act, which enacted sections 461, 462, 463, 464, 465, effects of differing water quality permit require- 466 to 470, 471, 472, 473, 474, 475, 476 to 478, and 479 of ments on upstream and downstream dischargers, Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under sec- economic impacts, and present and historical tion 461 of Title 25 and Tables. uses and quality of the waters subject to such standards. Such mechanism should provide for PRIOR PROVISIONS the avoidance of such unreasonable conse- A prior section 518 of act June 30, 1948, was renum- quences in a manner consistent with the objec- bered section 519 and is set out as a note under section tive of this chapter. 1251 of this title. (f) Grants for nonpoint source programs AMENDMENTS The Administrator shall make grants to an In- 2000—Subsec. (e). Pub. L. 106–284 substituted ‘‘1344, dian tribe under section 1329 of this title as and 1346 of this title’’ for ‘‘and 1344 of this title’’ in in- though such tribe was a State. Not more than troductory provisions. one-third of one percent of the amount appro- priated for any fiscal year under section 1329 of 1 So in original. Probably should be subsection ‘‘(e)’’. Page 499 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1382

1988—Subsec. (c). Pub. L. 100–581 inserted ‘‘, as de- (A) 8 quarters after the date such funds fined in subsection (h) of this section and former Indian were obligated by the State, or reservations in Oklahoma (as determined by the Sec- (B) 12 quarters after the date such funds retary of the Interior) and Alaska Native Villages as were allotted to the State. defined in Public Law 92–203’’ before period at end. (June 30, 1948, ch. 758, title VI, § 601, as added GRANTS FOR CONSTRUCTION OF WATER FACILITIES AND Pub. L. 100–4, title II, § 212(a), Feb. 4, 1987, 101 FOR WATER QUALITY PROTECTION Stat. 22.) Pub. L. 109–54, title II, Aug. 2, 2005, 119 Stat. 530, pro- vided in part: ‘‘That, notwithstanding this or any other § 1382. Capitalization grant agreements appropriations Act, heretofore and hereafter, after con- sultation with the House and Senate Committees on (a) General rule Appropriations and for the purpose of making technical To receive a capitalization grant with funds corrections, the Administrator is authorized to award made available under this subchapter and sec- grants under this heading [State and Tribal Assistance tion 1285(m) of this title, a State shall enter into Grants] to entities and for purposes other than those an agreement with the Administrator which listed in the joint explanatory statements of the man- shall include but not be limited to the specifica- agers accompanying the Agency’s appropriations Acts for the construction of drinking water, wastewater and tions set forth in subsection (b) of this section. stormwater infrastructure and for water quality pro- (b) Specific requirements tection.’’ The Administrator shall enter into an agree- GRANTS TO INDIAN TRIBES ment under this section with a State only after Provisions stating that for fiscal year 2006 and not- the State has established to the satisfaction of withstanding section 1377(f) of this title, the Adminis- the Administrator that— trator was authorized to use the amounts appropriated (1) the State will accept grant payments for any fiscal year under section 1329 of this title to with funds to be made available under this make grants to Indian tribes pursuant to sections subchapter and section 1285(m) of this title in 1329(h) and 1377(e) of this title, were contained in the accordance with a payment schedule estab- Department of the Interior, Environment, and Related lished jointly by the Administrator under sec- Agencies Appropriations Act, 2006, Pub. L. 109–54, title tion 1381(b) of this title and will deposit all II, Aug. 2, 2005, 119 Stat. 530, and were repeated in provi- sions of subsequent appropriations acts which are not such payments in the water pollution control set out in the Code. Similar provisions were contained revolving fund established by the State in ac- in the following prior appropriations acts: cordance with this subchapter; Pub. L. 108–447, div. I, title III, Dec. 8, 2004, 118 Stat. (2) the State will deposit in the fund from 3330. State moneys an amount equal to at least 20 Pub. L. 108–199, div. G, title III, Jan. 23, 2004, 118 Stat. percent of the total amount of all capitaliza- 406. tion grants which will be made to the State Pub. L. 108–7, div. K, title III, Feb. 20, 2003, 117 Stat. 512. with funds to be made available under this Pub. L. 107–73, title III, Nov. 26, 2001, 115 Stat. 685. subchapter and section 1285(m) of this title on Pub. L. 106–377, § 1(a)(1) [title III], Oct. 27, 2000, 114 or before the date on which each quarterly Stat. 1441, 1441A–43. grant payment will be made to the State Pub. L. 106–74, title III, Oct. 20, 1999, 113 Stat. 1083. under this subchapter; SUBCHAPTER VI—STATE WATER (3) the State will enter into binding commit- POLLUTION CONTROL REVOLVING FUNDS ments to provide assistance in accordance with the requirements of this subchapter in an § 1381. Grants to States for establishment of re- amount equal to 120 percent of the amount of volving funds each such grant payment within 1 year after (a) General authority the receipt of such grant payment; (4) all funds in the fund will be expended in Subject to the provisions of this subchapter, an expeditious and timely manner; the Administrator shall make capitalization (5) all funds in the fund as a result of cap- grants to each State for the purpose of estab- italization grants under this subchapter and lishing a water pollution control revolving fund section 1285(m) of this title will first be used for providing assistance (1) for construction of to assure maintenance of progress, as deter- treatment works (as defined in section 1292 of mined by the Governor of the State, toward this title) which are publicly owned, (2) for im- compliance with enforceable deadlines, goals, plementing a management program under sec- and requirements of this chapter, including tion 1329 of this title, and (3) for developing and the municipal compliance deadline; implementing a conservation and management (6) treatment works eligible under section plan under section 1330 of this title. 1383(c)(1) of this title which will be con- (b) Schedule of grant payments structed in whole or in part before fiscal year The Administrator and each State shall joint- 1995 with funds directly made available by cap- ly establish a schedule of payments under which italization grants under this subchapter and the Administrator will pay to the State the section 1285(m) of this title will meet the re- amount of each grant to be made to the State quirements of, or otherwise be treated (as de- under this subchapter. Such schedule shall be termined by the Governor of the State) under based on the State’s intended use plan under sections 1281(b), 1281(g)(1), 1281(g)(2), 1281(g)(3), section 1386(c) of this title, except that— 1281(g)(5), 1281(g)(6), 1281(n)(1), 1281(o), (1) such payments shall be made in quarterly 1284(a)(1), 1284(a)(2), 1284(b)(1), 1284(d)(2), 1291, installments, and 1298, 1371(c)(1), and 1372 of this title in the (2) such payments shall be made as expedi- same manner as treatment works constructed tiously as possible, but in no event later than with assistance under subchapter II of this the earlier of— chapter; § 1383 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 500

(7) in addition to complying with the re- completion of any project and all loans will quirements of this subchapter, the State will be fully amortized not later than 20 years commit or expend each quarterly grant pay- after project completion; ment which it will receive under this sub- (C) the recipient of a loan will establish a chapter in accordance with laws and proce- dedicated source of revenue for repayment of dures applicable to the commitment or ex- loans; and penditure of revenues of the State; (D) the fund will be credited with all pay- (8) in carrying out the requirements of sec- ments of principal and interest on all loans; tion 1386 of this title, the State will use ac- (2) to buy or refinance the debt obligation of counting, audit, and fiscal procedures con- municipalities and intermunicipal and inter- forming to generally accepted government ac- state agencies within the State at or below counting standards; market rates, where such debt obligations (9) the State will require as a condition of were incurred after March 7, 1985; making a loan or providing other assistance, (3) to guarantee, or purchase insurance for, as described in section 1383(d) of this title, local obligations where such action would im- from the fund that the recipient of such assist- prove credit market access or reduce interest ance will maintain project accounts in accord- rates; ance with generally accepted government ac- (4) as a source of revenue or security for the counting standards; and payment of principal and interest on revenue (10) the State will make annual reports to or general obligation bonds issued by the the Administrator on the actual use of funds State if the proceeds of the sale of such bonds in accordance with section 1386(d) of this title. will be deposited in the fund; (June 30, 1948, ch. 758, title VI, § 602, as added (5) to provide loan guarantees for similar re- Pub. L. 100–4, title II, § 212(a), Feb. 4, 1987, 101 volving funds established by municipalities or Stat. 22.) intermunicipal agencies; (6) to earn interest on fund accounts; and § 1383. Water pollution control revolving loan (7) for the reasonable costs of administering funds the fund and conducting activities under this (a) Requirements for obligation of grant funds subchapter, except that such amounts shall not exceed 4 percent of all grant awards to Before a State may receive a capitalization such fund under this subchapter. grant with funds made available under this sub- chapter and section 1285(m) of this title, the (e) Limitation to prevent double benefits State shall first establish a water pollution con- If a State makes, from its water pollution re- trol revolving fund which complies with the re- volving fund, a loan which will finance the cost quirements of this section. of facility planning and the preparation of plans, (b) Administration specifications, and estimates for construction of publicly owned treatment works, the State shall Each State water pollution control revolving ensure that if the recipient of such loan receives fund shall be administered by an instrumental- a grant under section 1281(g) of this title for con- ity of the State with such powers and limita- struction of such treatment works and an allow- tions as may be required to operate such fund in ance under section 1281(l)(1) of this title for non- accordance with the requirements and objec- Federal funds expended for such planning and tives of this chapter. preparation, such recipient will promptly repay (c) Projects eligible for assistance such loan to the extent of such allowance. The amounts of funds available to each State (f) Consistency with planning requirements water pollution control revolving fund shall be A State may provide financial assistance from used only for providing financial assistance (1) its water pollution control revolving fund only to any municipality, intermunicipal, interstate, with respect to a project which is consistent or State agency for construction of publicly with plans, if any, developed under sections owned treatment works (as defined in section 1285(j), 1288, 1313(e), 1329, and 1330 of this title. 1292 of this title), (2) for the implementation of a management program established under sec- (g) Priority list requirement tion 1329 of this title, and (3) for development The State may provide financial assistance and implementation of a conservation and man- from its water pollution control revolving fund agement plan under section 1330 of this title. only with respect to a project for construction The fund shall be established, maintained, and of a treatment works described in subsection credited with repayments, and the fund balance (c)(1) of this section if such project is on the shall be available in perpetuity for providing State’s priority list under section 1296 of this such financial assistance. title. Such assistance may be provided regard- (d) Types of assistance less of the rank of such project on such list. Except as otherwise limited by State law, a (h) Eligibility of non-Federal share of construc- water pollution control revolving fund of a tion grant projects State under this section may be used only— A State water pollution control revolving fund (1) to make loans, on the condition that— may provide assistance (other than under sub- (A) such loans are made at or below mar- section (d)(1) of this section) to a municipality ket interest rates, including interest free or intermunicipal or interstate agency with re- loans, at terms not to exceed 20 years; spect to the non-Federal share of the costs of a (B) annual principal and interest payments treatment works project for which such munici- will commence not later than 1 year after pality or agency is receiving assistance from the Page 501 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1386

Administrator under any other authority only if Administrator shall notify the State of such such assistance is necessary to allow such noncompliance and the necessary corrective ac- project to proceed. tion. (June 30, 1948, ch. 758, title VI, § 603, as added (b) Withholding of payments Pub. L. 100–4, title II, § 212(a), Feb. 4, 1987, 101 If a State does not take corrective action Stat. 23.) within 60 days after the date a State receives no- tification of such action under subsection (a) of § 1384. Allotment of funds this section, the Administrator shall withhold (a) Formula additional payments to the State until the Ad- Sums authorized to be appropriated to carry ministrator is satisfied that the State has taken out this section for each of fiscal years 1989 and the necessary corrective action. 1990 shall be allotted by the Administrator in (c) Reallotment of withheld payments accordance with section 1285(c) of this title. If the Administrator is not satisfied that ade- (b) Reservation of funds for planning quate corrective actions have been taken by the State within 12 months after the State is noti- Each State shall reserve each fiscal year 1 per- fied of such actions under subsection (a) of this cent of the sums allotted to such State under section, the payments withheld from the State this section for such fiscal year, or $100,000, by the Administrator under subsection (b) of whichever amount is greater, to carry out plan- this section shall be made available for reallot- ning under sections 1285(j) and 1313(e) of this ment in accordance with the most recent for- title. mula for allotment of funds under this sub- (c) Allotment period chapter. (1) Period of availability for grant award (June 30, 1948, ch. 758, title VI, § 605, as added Sums allotted to a State under this section Pub. L. 100–4, title II, § 212(a), Feb. 4, 1987, 101 for a fiscal year shall be available for obliga- Stat. 25.) tion by the State during the fiscal year for which sums are authorized and during the fol- § 1386. Audits, reports, and fiscal controls; in- lowing fiscal year. tended use plan (2) Reallotment of unobligated funds (a) Fiscal control and auditing procedures The amount of any allotment not obligated Each State electing to establish a water pollu- by the State by the last day of the 2-year pe- tion control revolving fund under this sub- riod of availability established by paragraph chapter shall establish fiscal controls and ac- (1) shall be immediately reallotted by the Ad- counting procedures sufficient to assure proper ministrator on the basis of the same ratio as accounting during appropriate accounting peri- is applicable to sums allotted under sub- ods for— chapter II of this chapter for the second fiscal (1) payments received by the fund; year of such 2-year period. None of the funds (2) disbursements made by the fund; and reallotted by the Administrator shall be real- (3) fund balances at the beginning and end of lotted to any State which has not obligated all the accounting period. sums allotted to such State in the first fiscal (b) Annual Federal audits year of such 2-year period. The Administrator shall, at least on an annual (June 30, 1948, ch. 758, title VI, § 604, as added basis, conduct or require each State to have Pub. L. 100–4, title II, § 212(a), Feb. 4, 1987, 101 independently conducted reviews and audits as Stat. 25.) may be deemed necessary or appropriate by the

USE OF CAPITALIZATION GRANT FUNDS FOR Administrator to carry out the objectives of this CONSTRUCTION GRANTS section. Audits of the use of funds deposited in the water pollution revolving fund established Pub. L. 101–144, title III, Nov. 9, 1989, 103 Stat. 858, as by such State shall be conducted in accordance amended by Pub. L. 101–302, title II, May 25, 1990, 104 Stat. 238, provided: ‘‘That, notwithstanding any other with the auditing procedures of the Government provision of law, sums heretofore, herein or hereafter Accountability Office, including chapter 75 of appropriated under this heading [‘‘ENVIRONMENTAL title 31. PROTECTION AGENCY’’ and ‘‘CONSTRUCTION GRANTS’’] al- (c) Intended use plan lotted for title VI [33 U.S.C. 1381 et seq.] capitalization grants to American Samoa, Commonwealth of the After providing for public comment and re- Northern Mariana Islands, Guam, the Republic of Palau view, each State shall annually prepare a plan (or its successor entity), Virgin Islands and the District identifying the intended uses of the amounts of Columbia, may be used for title II [33 U.S.C. 1281 et available to its water pollution control revolv- seq.] construction grants at the request of the chief ex- ing fund. Such intended use plan shall include, ecutive of each of the above named entities, and sums but not be limited to— appropriated in fiscal year 1989 shall remain available for obligation until September 30, 1992.’’ (1) a list of those projects for construction of publicly owned treatment works on the § 1385. Corrective action State’s priority list developed pursuant to sec- tion 1296 of this title and a list of activities el- (a) Notification of noncompliance igible for assistance under sections 1329 and If the Administrator determines that a State 1330 of this title; has not complied with its agreement with the (2) a description of the short- and long-term Administrator under section 1382 of this title or goals and objectives of its water pollution con- any other requirement of this subchapter, the trol revolving fund; § 1387 TITLE 33—NAVIGATION AND NAVIGABLE WATERS Page 502

(3) information on the activities to be sup- CHAPTER 27—OCEAN DUMPING ported, including a description of project cat- Sec. egories, discharge requirements under sub- 1401. Congressional finding, policy, and declaration chapters III and IV of this chapter, terms of fi- of purpose. nancial assistance, and communities served; 1402. Definitions. (4) assurances and specific proposals for SUBCHAPTER I—REGULATION meeting the requirements of paragraphs (3), 1411. Prohibited acts. (4), (5), and (6) of section 1382(b) of this title; 1412. Dumping permit program. and 1412a. Emergency dumping of industrial waste. (5) the criteria and method established for 1413. Dumping permit program for dredged mate- the distribution of funds. rial. 1414. Permit conditions. (d) Annual report 1414a. Special provisions regarding certain dumping Beginning the first fiscal year after the re- sites. ceipt of payments under this subchapter, the 1414b. Ocean dumping of sewage sludge and indus- trial waste. State shall provide an annual report to the Ad- 1414c. Prohibition on disposal of sewage sludge at ministrator describing how the State has met landfills on Staten Island. the goals and objectives for the previous fiscal 1415. Penalties. year as identified in the plan prepared for the 1416. Relationship to other laws. previous fiscal year pursuant to subsection (c) of 1417. Enforcement. this section, including identification of loan re- 1418. Regulations. 1419. International cooperation. cipients, loan amounts, and loan terms and 1420. Authorization of appropriations. similar details on other forms of financial as- 1421. Omitted. sistance provided from the water pollution con- SUBCHAPTER II—RESEARCH trol revolving fund. 1441. Monitoring and research program. (e) Annual Federal oversight review 1442. Research program respecting possible long- range effects of pollution, overfishing, and The Administrator shall conduct an annual man-induced changes of ocean ecosystems. oversight review of each State plan prepared 1443. Research program respecting ocean dumping under subsection (c) of this section, each State and other methods of waste disposal. report prepared under subsection (d) of this sec- 1444. Annual reports. tion, and other such materials as are considered 1445. Authorization of appropriations. necessary and appropriate in carrying out the § 1401. Congressional finding, policy, and dec- purposes of this subchapter. After reasonable laration of purpose notice by the Administrator to the State or the recipient of a loan from a water pollution con- (a) Dangers of unregulated dumping trol revolving fund, the State or loan recipient Unregulated dumping of material into ocean shall make available to the Administrator such waters endangers human health, welfare, and records as the Administrator reasonably re- amenities, and the marine environment, eco- quires to review and determine compliance with logical systems, and economic potentialities. this subchapter. (b) Policy of regulation and prevention or limita- (f) Applicability of subchapter II provisions tion Except to the extent provided in this sub- The Congress declares that it is the policy of chapter, the provisions of subchapter II of this the United States to regulate the dumping of all chapter shall not apply to grants under this sub- types of materials into ocean waters and to pre- chapter. vent or strictly limit the dumping into ocean waters of any material which would adversely (June 30, 1948, ch. 758, title VI, § 606, as added affect human health, welfare, or amenities, or Pub. L. 100–4, title II, § 212(a), Feb. 4, 1987, 101 the marine environment, ecological systems, or Stat. 25; amended Pub. L. 108–271, § 8(b), July 7, economic potentialities. 2004, 118 Stat. 814.) (c) Regulation of dumping and transportation for AMENDMENTS dumping purposes 2004—Subsec. (b). Pub. L. 108–271 substituted ‘‘Govern- It is the purpose of this Act to regulate (1) the ment Accountability Office’’ for ‘‘General Accounting transportation by any person of material from Office’’. the United States and, in the case of United States vessels, aircraft, or agencies, the trans- § 1387. Authorization of appropriations portation of material from a location outside the United States, when in either case the trans- There is authorized to be appropriated to portation is for the purpose of dumping the ma- carry out the purposes of this subchapter the terial into ocean waters, and (2) the dumping of following sums: material transported by any person from a loca- (1) $1,200,000,000 per fiscal year for each of tion outside the United States, if the dumping fiscal years 1989 and 1990; occurs in the territorial sea or the contiguous (2) $2,400,000,000 for fiscal year 1991; zone of the United States. (3) $1,800,000,000 for fiscal year 1992; (4) $1,200,000,000 for fiscal year 1993; and (Pub. L. 92–532, § 2, Oct. 23, 1972, 86 Stat. 1052; (5) $600,000,000 for fiscal year 1994. Pub. L. 93–254, § 1(1), Mar. 22, 1974, 88 Stat. 50.) (June 30, 1948, ch. 758, title VI, § 607, as added REFERENCES IN TEXT Pub. L. 100–4, title II, § 212(a), Feb. 4, 1987, 101 This Act, referred to in subsec. (c), means Pub. L. Stat. 26.) 92–532, which is classified generally to this chapter,