chapter 26—water pollution prevention … · pilot program for alternative water source projects....

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

and Employees. Functions of Coast Guard, and Com-mandant of Coast Guard, were excepted from transfer when Coast Guard is operating as part of Navy under sections 1 and 3 of Title 14.

‘‘Commandant of the Coast Guard’’ substituted for ‘‘Secretary of Commerce’’ on authority of Reorg. Plan No. 3 of 1946, §§ 101–104, set out in the Appendix to Title 5.

Upon incorporation into the Code, the words ‘‘Sec-retary of Commerce’’ were substituted for ‘‘Secretary of Commerce and Labor’’ to conform to act Mar. 4, 1913, which provided that the Secretary of Commerce and Labor should be called the Secretary of Commerce.

CHAPTER 26—WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I—RESEARCH AND RELATED PROGRAMS

Sec.

1251. Congressional declaration of goals and policy. 1252. Comprehensive programs for water pollution

control. 1252a. Reservoir projects, water storage; modifica-

tion; storage for other than for water qual-ity, opinion of Federal agency, committee resolutions of approval; provisions inap-plicable to projects with certain prescribed water quality benefits in relation to total project benefits.

1253. Interstate cooperation and uniform laws. 1254. Research, investigations, training, and infor-

mation. 1254a. Research on effects of pollutants. 1255. Grants for research and development. 1256. Grants for pollution control programs. 1257. Mine water pollution control demonstrations. 1257a. State demonstration programs for cleanup of

abandoned mines for use as waste disposal sites; authorization of appropriations.

1258. Pollution control in the Great Lakes. 1259. Training grants and contracts. 1260. Applications; allocation. 1261. Scholarships. 1262. Definitions and authorizations. 1263. Alaska village demonstration projects. 1263a. Grants to Alaska to improve sanitation in

rural and Native villages. 1264. Omitted. 1265. In-place toxic pollutants. 1266. Hudson River reclamation demonstration

project. 1267. Chesapeake Bay. 1268. Great Lakes. 1268a. Great Lakes restoration activities report. 1269. Long Island Sound. 1270. Lake Champlain Basin Program. 1271. Sediment survey and monitoring. 1271a. Research and development program. 1272. Environmental dredging. 1273. Lake Pontchartrain Basin. 1274. Watershed pilot projects. 1275. Columbia River Basin Restoration.

SUBCHAPTER II—GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

1281. Congressional declaration of purpose. 1281a. Total treatment system funding. 1281b. Availability of Farmers Home Administra-

tion funds for non-Federal share. 1282. Federal share. 1283. Plans, specifications, estimates, and pay-

ments. 1284. Limitations and conditions. 1285. Allotment of grant funds. 1286. Reimbursement and advanced construction. 1287. Authorization of appropriations. 1288. Areawide waste treatment management. 1289. Basin planning.

Sec.

1290. Annual survey. 1291. Sewage collection systems. 1292. Definitions. 1293. Loan guarantees. 1293a. Contained spoil disposal facilities. 1294. Public information and education on recy-

cling and reuse of wastewater, use of land treatment, and reduction of wastewater vol-ume.

1295. Requirements for American materials. 1296. Determination of priority of projects. 1297. Guidelines for cost-effectiveness analysis. 1298. Cost effectiveness. 1299. State certification of projects. 1300. Pilot program for alternative water source

projects. 1301. Sewer overflow control grants.

SUBCHAPTER III—STANDARDS AND ENFORCEMENT

1311. Effluent limitations. 1312. Water quality related effluent limitations. 1313. Water quality standards and implementation

plans. 1313a. Revised water quality standards. 1314. Information and guidelines 1315. State reports on water quality. 1316. National standards of performance. 1317. Toxic and pretreatment effluent standards. 1318. Records and reports; inspections. 1319. Enforcement. 1320. International pollution abatement. 1321. Oil and hazardous substance liability. 1321a. Prevention of small oil spills. 1321b. Improved coordination with tribal govern-

ments. 1321c. International efforts on enforcement. 1322. Marine sanitation devices. 1323. Federal facilities pollution control. 1324. Clean lakes. 1325. National Study Commission. 1326. Thermal discharges. 1327. Omitted. 1328. Aquaculture. 1329. Nonpoint source management programs. 1330. National estuary program.

SUBCHAPTER IV—PERMITS AND LICENSES

1341. Certification. 1342. National pollutant discharge elimination sys-

tem. 1343. Ocean discharge criteria. 1344. Permits for dredged or fill material. 1345. Disposal or use of sewage sludge. 1346. Coastal recreation water quality monitoring

and notification.

SUBCHAPTER V—GENERAL PROVISIONS

1361. Administration. 1362. Definitions. 1363. Water Pollution Control Advisory Board. 1364. Emergency powers. 1365. Citizen suits. 1366. Appearance. 1367. Employee protection. 1368. Federal procurement. 1369. Administrative procedure and judicial review. 1370. State authority. 1371. Authority under other laws and regulations. 1372. Labor standards. 1373. Public health agency coordination. 1374. Effluent Standards and Water Quality Infor-

mation Advisory Committee. 1375. Reports to Congress; detailed estimates and

comprehensive study on costs; State esti-mates.

1375a. Report on coastal recreation waters. 1376. Authorization of appropriations. 1377. Indian tribes.

TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1251

Sec.

SUBCHAPTER VI—STATE WATER POLLUTION CONTROL REVOLVING FUNDS

1381. Grants to States for establishment of revolv-ing funds.

1382. Capitalization grant agreements. 1383. Water pollution control revolving loan funds. 1384. Allotment of funds. 1385. Corrective action. 1386. Audits, reports, and fiscal controls; intended

use plan. 1387. Authorization of appropriations. 1388. Requirements.

CODIFICATION

The Federal Water Pollution Control Act, comprising this chapter, was originally enacted by act June 30, 1948, ch. 758, 62 Stat. 1155, and amended by acts July 17, 1952, ch. 927, 66 Stat. 755; July 9, 1956, ch. 518, §§ 1, 2, 70 Stat. 498–507; June 25, 1959, Pub. L. 86–70, 73 Stat. 141; July 12, 1960, Pub. L. 86–624, 74 Stat. 411; July 20, 1961, 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. 3, 1970, Pub. L. 91–224, 84 Stat. 91; Dec. 31, 1970, Pub. L. 91–611, 84 Stat. 1818; July 9, 1971, Pub. L. 92–50, 85 Stat. 124; Oct. 13, 1971, Pub. L. 92–137, 85 Stat. 379; Mar. 1, 1972, Pub. L. 92–240, 86 Stat. 47, and was formerly classi-fied first to section 466 et seq. of this title and later to section 1151 et seq. of this title. The act is shown here-in, however, as having been added by Pub. L. 92–500 without reference to such intervening amendments be-cause of the extensive amendment, reorganization, and expansion of the act’s provisions by Pub. L. 92–500.

SUBCHAPTER I—RESEARCH AND RELATED PROGRAMS

§ 1251. Congressional declaration of goals and policy

(a) Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for achievement of ob-jective

The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter—

(1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985;

(2) it is the national goal that wherever at-tainable, an interim goal of water quality which provides for the protection and propaga-tion of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983;

(3) it is the national policy that the dis-charge of toxic pollutants in toxic amounts be prohibited;

(4) it is the national policy that Federal fi-nancial assistance be provided to construct publicly owned waste treatment works;

(5) it is the national policy that areawide waste treatment management planning proc-esses be developed and implemented to assure adequate control of sources of pollutants in each State;

(6) it is the national policy that a major re-search and demonstration effort be made to develop technology necessary to eliminate the discharge of pollutants into the navigable wa-ters, waters of the contiguous zone, and the oceans; and

(7) it is the national policy that programs for the control of nonpoint sources of pollu-tion be developed and implemented in an expe-ditious manner so as to enable the goals of this chapter to be met through the control of both point and nonpoint sources of pollution.

(b) Congressional recognition, preservation, and protection of primary responsibilities and rights of States

It is the policy of the Congress to recognize, preserve, and protect the primary responsibil-ities and rights of States to prevent, reduce, and eliminate pollution, to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, and to consult with the Administrator in the exer-cise of his authority under this chapter. It is the policy of Congress that the States manage the construction grant program under this chapter and implement the permit programs under sec-tions 1342 and 1344 of this title. It is further the policy of the Congress to support and aid re-search relating to the prevention, reduction, and elimination of pollution and to provide Federal technical services and financial aid to State and interstate agencies and municipalities in con-nection with the prevention, reduction, and elimination of pollution.

(c) Congressional policy toward Presidential ac-tivities with foreign countries

It is further the policy of Congress that the President, acting through the Secretary of State and such national and international organiza-tions as he determines appropriate, shall take such action as may be necessary to insure that to the fullest extent possible all foreign coun-tries shall take meaningful action for the pre-vention, reduction, and elimination of pollution in their waters and in international waters and for the achievement of goals regarding the elimination of discharge of pollutants and the improvement of water quality to at least the same extent as the United States does under its laws.

(d) Administrator of Environmental Protection Agency to administer chapter

Except as otherwise expressly provided in this chapter, the Administrator of the Environ-mental Protection Agency (hereinafter in this chapter called ‘‘Administrator’’) shall admin-ister this chapter.

(e) Public participation in development, revision, and enforcement of any regulation, etc.

Public participation in the development, revi-sion, and enforcement of any regulation, stand-ard, effluent limitation, plan, or program estab-lished by the Administrator or any State under this chapter shall be provided for, encouraged, and assisted by the Administrator and the States. The Administrator, in cooperation with the States, shall develop and publish regulations specifying minimum guidelines for public par-ticipation in such processes.

(f) Procedures utilized for implementing chapter

It is the national policy that to the maximum extent possible the procedures utilized for im-plementing this chapter shall encourage the drastic minimization of paperwork and inter-

31 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1251

agency decision procedures, and the best use of available manpower and funds, so as to prevent needless duplication and unnecessary delays at all levels of government.

(g) Authority of States over water

It is the policy of Congress that the authority of each State to allocate quantities of water within its jurisdiction shall not be superseded, abrogated or otherwise impaired by this chap-ter. It is the further policy of Congress that nothing in this chapter shall be construed to su-persede or abrogate rights to quantities of water which have been established by any State. Fed-eral agencies shall co-operate with State and local agencies to develop comprehensive solu-tions to prevent, reduce and eliminate pollution in concert with programs for managing water resources.

(June 30, 1948, ch. 758, title I, § 101, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816; amended Pub. L. 95–217, §§ 5(a), 26(b), Dec. 27, 1977, 91 Stat. 1567, 1575; Pub. L. 100–4, title III, § 316(b), Feb. 4, 1987, 101 Stat. 60.)

AMENDMENTS

1987—Subsec. (a)(7). Pub. L. 100–4 added par. (7). 1977—Subsec. (b). Pub. L. 95–217, § 26(b), inserted pro-

visions expressing Congressional policy that the States manage the construction grant program under this chapter and implement the permit program under sec-tions 1342 and 1344 of this title.

Subsec. (g). Pub. L. 95–217, § 5(a), added subsec. (g).

SHORT TITLE OF 2008 AMENDMENT

Pub. L. 110–365, § 1, Oct. 8, 2008, 122 Stat. 4021, provided that: ‘‘This Act [amending sections 1268 and 1271a of this title] may be cited as the ‘Great Lakes Legacy Re-authorization Act of 2008’.’’

Pub. L. 110–288, § 1, July 29, 2008, 122 Stat. 2650, pro-vided that: ‘‘This Act [amending sections 1322, 1342, and 1362 of this title] may be cited as the ‘Clean Boating Act of 2008’.’’


Pub. L. 107–303, § 1(a), Nov. 27, 2002, 116 Stat. 2355, pro-vided that: ‘‘This Act [enacting section 1271a of this title, amending sections 1254, 1266, 1268, 1270, 1285, 1290, 1324, 1329, 1330, and 1375 of this title, enacting provi-sions set out as notes under this section, section 1254 of this title, and section 1113 of Title 31, Money and Fi-nance, and repealing provisions set out as a note under section 50 of Title 20, Education] may be cited as the ‘Great Lakes and Lake Champlain Act of 2002’.’’

Pub. L. 107–303, title I, § 101, Nov. 27, 2002, 116 Stat. 2355, provided that: ‘‘This title [enacting section 1271a of this title and amending section 1268 of this title] may be cited as the ‘Great Lakes Legacy Act of 2002’.’’

Pub. L. 107–303, title II, § 201, Nov. 27, 2002, 116 Stat. 2358, provided that: ‘‘This title [amending section 1270 of this title] may be cited as the ‘Daniel Patrick Moy-nihan Lake Champlain Basin Program Act of 2002’.’’

SHORT TITLE OF 2000 AMENDMENTS

Pub. L. 106–457, title II, § 201, Nov. 7, 2000, 114 Stat. 1967, provided that: ‘‘This title [amending section 1267 of this title and enacting provisions set out as a note under section 1267 of this title] may be cited as the ‘Chesapeake Bay Restoration Act of 2000’.’’

Pub. L. 106–457, title IV, § 401, Nov. 7, 2000, 114 Stat. 1973, provided that: ‘‘This title [amending section 1269 of this title] may be cited as the ‘Long Island Sound Restoration Act’.’’

Pub. L. 106–457, title V, § 501, Nov. 7, 2000, 114 Stat. 1973, provided that: ‘‘This title [enacting section 1273 of this title] may be cited as the ‘Lake Pontchartrain Basin Restoration Act of 2000’.’’

Pub. L. 106–457, title VI, § 601, Nov. 7, 2000, 114 Stat. 1975, provided that: ‘‘This title [enacting section 1300 of this title] may be cited as the ‘Alternative Water Sources Act of 2000’.’’

Pub. L. 106–284, § 1, Oct. 10, 2000, 114 Stat. 870, provided that: ‘‘This Act [enacting sections 1346 and 1375a of this title and amending sections 1254, 1313, 1314, 1362, and 1377 of this title] may be cited as the ‘Beaches Environ-mental Assessment and Coastal Health Act of 2000’.’’


Pub. L. 103–431, § 1, Oct. 31, 1994, 108 Stat. 4396, pro-vided that: ‘‘This Act [amending section 1311 of this title] may be cited as the ‘Ocean Pollution Reduction Act’.’’


Pub. L. 101–596, § 1, Nov. 16, 1990, 104 Stat. 3000, pro-vided that: ‘‘This Act [enacting sections 1269 and 1270 of this title, amending sections 1268, 1324, and 1416 of this title, and enacting provisions set out as notes under this section and section 1270 of this title] may be cited as the ‘Great Lakes Critical Programs Act of 1990’.’’

Pub. L. 101–596, title II, § 201, Nov. 16, 1990, 104 Stat. 3004, provided that: ‘‘This part [probably means title, enacting section 1269 of this title and amending section 1416 of this title] may be cited as the ‘Long Island Sound Improvement Act of 1990’.’’

Pub. L. 101–596, title III, § 301, Nov. 16, 1990, 104 Stat. 3006, provided that: ‘‘This title [enacting section 1270 of this title, amending section 1324 of this title, and en-acting provisions set out as a note under section 1270 of this title] may be cited as the ‘Lake Champlain Special Designation Act of 1990’.’’


Pub. L. 100–653, title X, § 1001, Nov. 14, 1988, 102 Stat. 3835, provided that: ‘‘This title [amending section 1330 of this title and enacting provisions set out as notes under section 1330 of this title] may be cited as the ‘Massachusetts Bay Protection Act of 1988’.’’


Section 1(a) of Pub. L. 100–4 provided that: ‘‘This Act [enacting sections 1254a, 1267, 1268, 1281b, 1329, 1330, 1377, 1381 to 1387, and 1414a of this title, amending this sec-tion and sections 1254, 1256, 1262, 1281, 1282 to 1285, 1287, 1288, 1291, 1311 to 1313, 1314, 1317 to 1322, 1324, 1342, 1344, 1345, 1361, 1362, 1365, 1369, 1375, and 1376 of this title, and enacting provisions set out as notes under this section, sections 1284, 1311, 1317, 1319, 1330, 1342, 1345, 1362, 1375, and 1414a of this title, and section 1962d–20 of Title 42, The Public Health and Welfare] may be cited as the ‘Water Quality Act of 1987’.’’


Pub. L. 97–117, § 1, Dec. 29, 1981, 95 Stat. 1623, provided that: ‘‘This Act [enacting sections 1298, 1299, and 1313a of this title, amending sections 1281 to 1285, 1287, 1291, 1292, 1296, 1311, and 1314 of this title, and enacting provi-sions set out as notes under sections 1311 and 1375 of this title] may be cited as the ‘Municipal Wastewater Treatment Construction Grant Amendments of 1981’.’’


Section 1 of Pub. L. 95–217 provided: ‘‘That this Act [enacting sections 1281a, 1294 to 1296, and 1297 of this title, amending this section and sections 1252, 1254 to 1256, 1259, 1262, 1263, 1281, 1282 to 1288, 1291, 1292, 1311, 1314, 1315, 1317 to 1319, 1321 to 1324, 1328, 1341, 1342, 1344, 1345, 1362, 1364, 1375, and 1376 of this title, enacting pro-visions set out as notes under this section and sections 1284, 1286, 1314, 1321, 1342, 1344, and 1376 of this title, and amending provisions set out as a note under this sec-tion] may be cited as the ‘Clean Water Act of 1977’.’’

SHORT TITLE

Section 1 of Pub. L. 92–500 provided that: ‘‘That this Act [enacting this chapter, amending section 24 of Title


12, Banks and Banking, sections 633 and 636 of Title 15, Commerce and Trade, and section 711 of former Title 31, Money and Finance, and enacting provisions set out as notes under this section and sections 1281 and 1361 of this title] may be cited as the ‘Federal Water Pollution Control Act Amendments of 1972’.’’

Section 519, formerly section 518, of Act June 30, 1948, ch. 758, title V, as added Oct. 18, 1972, Pub. L. 92–500, § 2, 86 Stat. 896, and amended Dec. 27, 1977, Pub. L. 95–217, § 2, 91 Stat. 1566, and renumbered § 519, Feb. 4, 1987, Pub. L. 100–4, title V, § 506, 101 Stat. 76, provided that: ‘‘This Act [this chapter] may be cited as the ‘Federal Water Pollution Control Act’ (commonly referred to as the Clean Water Act).’’

SAVINGS PROVISION

Pub. L. 92–500, § 4, Oct. 18, 1972, 86 Stat. 896, provided that:

‘‘(a) No suit, action, or other proceeding lawfully commenced by or against the Administrator or any other officer or employee of the United States in his of-ficial capacity or in relation to the discharge of his of-ficial duties under the Federal Water Pollution Control Act as in effect immediately prior to the date of enact-ment of this Act [Oct. 18, 1972] shall abate by reason of the taking effect of the amendment made by section 2 of this Act [which enacted this chapter]. The court may, on its own motion or that of any party made at any time within twelve months after such taking ef-fect, allow the same to be maintained by or against the Administrator or such officer or employee.

‘‘(b) All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pur-suant to the Federal Water Pollution Control Act as in effect immediately prior to the date of enactment of this Act [Oct. 18, 1972], and pertaining to any functions, powers, requirements, and duties under the Federal Water Pollution Control Act as in effect immediately prior to the date of enactment of this Act [Oct. 18, 1972] shall continue in full force and effect after the date of enactment of this Act [Oct. 18, 1972] until modified or rescinded in accordance with the Federal Water Pollu-tion Control Act as amended by this Act [this chapter].

‘‘(c) The Federal Water Pollution Control Act as in effect immediately prior to the date of enactment of this Act [Oct. 18, 1972] shall remain applicable to all grants made from funds authorized for the fiscal year ending June 30, 1972, and prior fiscal years, including any increases in the monetary amount of any such grant which may be paid from authorizations for fiscal years beginning after June 30, 1972, except as specifi-cally otherwise provided in section 202 of the Federal Water Pollution Control Act as amended by this Act [section 1282 of this title] and in subsection (c) of sec-tion 3 of this Act.’’

SEPARABILITY

Act June 30, 1948, ch. 758, title V, § 512, as added by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 894, provided that: ‘‘If any provision of this Act [this chapter], or the application of any provision of this Act [this chapter] to any person or circumstance, is held invalid, the ap-plication of such provision to other persons or circum-stances, and the remainder of this Act [this chapter], shall not be affected thereby.’’

NATIONAL SHELLFISH INDICATOR PROGRAM

Pub. L. 102–567, title III, § 308, Oct. 29, 1992, 106 Stat. 4286; as amended by Pub. L. 105–362, title II, § 201(b), Nov. 10, 1998, 112 Stat. 3282, provided that:

‘‘(a) ESTABLISHMENT OF A RESEARCH PROGRAM.—The Secretary of Commerce, in cooperation with the Sec-retary of Health and Human Services and the Adminis-trator of the Environmental Protection Agency, shall establish and administer a 5-year national shellfish re-search program (hereafter in this section referred to as the ‘Program’) for the purpose of improving existing classification systems for shellfish growing waters

using the latest technological advancements in micro-biology and epidemiological methods. Within 12 months after the date of enactment of this Act [Oct. 29, 1992], the Secretary of Commerce, in cooperation with the ad-visory committee established under subsection (b) and the Consortium, shall develop a comprehensive 5-year plan for the Program which shall at a minimum pro-vide for—

‘‘(1) an environmental assessment of commercial shellfish growing areas in the United States, includ-ing an evaluation of the relationships between indica-tors of fecal contamination and human enteric patho-gens;

‘‘(2) the evaluation of such relationships with re-spect to potential health hazards associated with human consumption of shellfish;

‘‘(3) a comparison of the current microbiological methods used for evaluating indicator bacteria and human enteric pathogens in shellfish and shellfish growing waters with new technological methods de-signed for this purpose;

‘‘(4) the evaluation of current and projected sys-tems for human sewage treatment in eliminating vi-ruses and other human enteric pathogens which accu-mulate in shellfish;

‘‘(5) the design of epidemiological studies to relate microbiological data, sanitary survey data, and human shellfish consumption data to actual hazards to health associated with such consumption; and

‘‘(6) recommendations for revising Federal shellfish standards and improving the capabilities of Federal and State agencies to effectively manage shellfish and ensure the safety of shellfish intended for human consumption. ‘‘(b) ADVISORY COMMITTEE.—(1) For the purpose of

providing oversight of the Program on a continuing basis, an advisory committee (hereafter in this section referred to as the ‘Committee’) shall be established under a memorandum of understanding between the Interstate Shellfish Sanitation Conference and the Na-tional Marine Fisheries Service.

‘‘(2) The Committee shall— ‘‘(A) identify priorities for achieving the purpose of

the Program; ‘‘(B) review and recommend approval or disapproval

of Program work plans and plans of operation; ‘‘(C) review and comment on all subcontracts and

grants to be awarded under the Program; ‘‘(D) receive and review progress reports from the

Consortium and program subcontractors and grant-ees; and

‘‘(E) provide such other advice on the Program as is appropriate. ‘‘(3) The Committee shall consist of at least ten mem-

bers and shall include— ‘‘(A) three members representing agencies having

authority under State law to regulate the shellfish industry, of whom one shall represent each of the At-lantic, Pacific, and Gulf of Mexico shellfish growing regions;

‘‘(B) three members representing persons engaged in the shellfish industry in the Atlantic, Pacific, and Gulf of Mexico shellfish growing regions (who shall be appointed from among at least six recommendations by the industry members of the Interstate Shellfish Sanitation Conference Executive Board), of whom one shall represent the shellfish industry in each re-gion;

‘‘(C) three members, of whom one shall represent each of the following Federal agencies: the National Oceanic and Atmospheric Administration, the Envi-ronmental Protection Agency, and the Food and Drug Administration; and

‘‘(D) one member representing the Shellfish Insti-tute of North America. ‘‘(4) The Chairman of the Committee shall be selected

from among the Committee members described in para-graph (3)(A).

‘‘(5) The Committee shall establish and maintain a subcommittee of scientific experts to provide advice,


assistance, and information relevant to research funded under the Program, except that no individual who is awarded, or whose application is being considered for, a grant or subcontract under the Program may serve on such subcommittee. The membership of the sub-committee shall, to the extent practicable, be region-ally balanced with experts who have scientific knowl-edge concerning each of the Atlantic, Pacific, and Gulf of Mexico shellfish growing regions. Scientists from the National Academy of Sciences and appropriate Federal agencies (including the National Oceanic and Atmos-pheric Administration, Food and Drug Administration, Centers for Disease Control, National Institutes of Health, Environmental Protection Agency, and Na-tional Science Foundation) shall be considered for membership on the subcommittee.

‘‘(6) Members of the Committee and its scientific sub-committee established under this subsection shall not be paid for serving on the Committee or subcommittee, but shall receive travel expenses as authorized by sec-tion 5703 of title 5, United States Code.

‘‘(c) CONTRACT WITH CONSORTIUM.—Within 30 days after the date of enactment of this Act [Oct. 29, 1992], the Secretary of Commerce shall seek to enter into a cooperative agreement or contract with the Consor-tium under which the Consortium will—

‘‘(1) be the academic administrative organization and fiscal agent for the Program;

‘‘(2) award and administer such grants and sub-contracts as are approved by the Committee under subsection (b);

‘‘(3) develop and implement a scientific peer review process for evaluating grant and subcontractor appli-cations prior to review by the Committee;

‘‘(4) in cooperation with the Secretary of Commerce and the Committee, procure the services of a sci-entific project director;

‘‘(5) develop and submit budgets, progress reports, work plans, and plans of operation for the Program to the Secretary of Commerce and the Committee; and

‘‘(6) make available to the Committee such staff, information, and assistance as the Committee may reasonably require to carry out its activities. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—(1) Of the

sums authorized under section 4(a) of the National Oce-anic and Atmospheric Administration Marine Fisheries Program Authorization Act (Public Law 98–210; 97 Stat. 1409), there are authorized to be appropriated to the Secretary of Commerce $5,200,000 for each of the fiscal years 1993 through 1997 for carrying out the Program. Of the amounts appropriated pursuant to this author-ization, not more than 5 percent of such appropriation may be used for administrative purposes by the Na-tional Oceanic and Atmospheric Administration. The remaining 95 percent of such appropriation shall be used to meet the administrative and scientific objec-tives of the Program.

‘‘(2) The Interstate Shellfish Sanitation Conference shall not administer appropriations authorized under this section, but may be reimbursed from such appro-priations for its expenses in arranging for travel, meet-ings, workshops, or conferences necessary to carry out the Program.

‘‘(e) DEFINITIONS.—As used in this section, the term— ‘‘(1) ‘Consortium’ means the Louisiana Universities

Marine Consortium; and ‘‘(2) ‘shellfish’ means any species of oyster, clam, or

mussel that is harvested for human consumption.’’

LIMITATION ON PAYMENTS

Section 2 of Pub. L. 100–4 provided that: ‘‘No pay-ments may be made under this Act [see Short Title of 1987 Amendment note above] except to the extent pro-vided in advance in appropriation Acts.’’

SEAFOOD PROCESSING STUDY; SUBMITTAL OF RESULTS TO CONGRESS NOT LATER THAN JANUARY 1, 1979

Pub. L. 95–217, § 74, Dec. 27, 1977, 91 Stat. 1609, provided that the Administrator of the Environmental Protec-

tion Agency conduct a study to examine the geographi-cal, hydrological, and biological characteristics of ma-rine waters to determine the effects of seafood proc-esses which dispose of untreated natural wastes into such waters and to include in this study an examina-tion of technologies which may be used in such proc-esses to facilitate the use of the nutrients in these wastes or to reduce the discharge of such wastes into the marine environment and to submit the result of this study to Congress not later than Jan. 1, 1979.

STANDARDS

For provisions relating to the responsibility of the head of each Executive agency for compliance with ap-plicable pollution control standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under section 4321 of Title 42, The Public Health and Welfare.

OVERSIGHT STUDY

Pub. L. 92–500, § 5, Oct. 18, 1972, 86 Stat. 897, authorized the Comptroller General of the United States to con-duct a study and review of the research, pilot, and dem-onstration programs related to prevention and control of water pollution conducted, supported, or assisted by any Federal agency pursuant to any Federal law or reg-ulation and assess conflicts between these programs and their coordination and efficacy, and to report to Congress thereon by Oct. 1, 1973.

INTERNATIONAL TRADE STUDY

Pub. L. 92–500, § 6, Oct. 18, 1972, 86 Stat. 897, provided that:

‘‘(a) The Secretary of Commerce, in cooperation with other interested Federal agencies and with representa-tives of industry and the public, shall undertake imme-diately an investigation and study to determine—

‘‘(1) the extent to which pollution abatement and control programs will be imposed on, or voluntarily undertaken by, United States manufacturers in the near future and the probable short- and long-range ef-fects of the costs of such programs (computed to the greatest extent practicable on an industry-by-indus-try basis) on (A) the production costs of such domes-tic manufacturers, and (B) the market prices of the goods produced by them;

‘‘(2) the probable extent to which pollution abate-ment and control programs will be implemented in foreign industrial nations in the near future and the extent to which the production costs (computed to the greatest extent practicable on an industry-by-in-dustry basis) of foreign manufacturers will be af-fected by the costs of such programs;

‘‘(3) the probable competitive advantage which any article manufactured in a foreign nation will likely have in relation to a comparable article made in the United States if that foreign nation—

‘‘(A) does not require its manufacturers to imple-ment pollution abatement and control programs.

‘‘(B) requires a lesser degree of pollution abate-ment and control in its programs, or

‘‘(C) in any way reimburses or otherwise sub-sidizes its manufacturers for the costs of such pro-gram; ‘‘(4) alternative means by which any competitive

advantage accruing to the products of any foreign na-tion as a result of any factor described in paragraph (3) may be (A) accurately and quickly determined, and (B) equalized, for example, by the imposition of a surcharge or duty, on a foreign product in an amount necessary to compensate for such advantage; and

‘‘(5) the impact, if any, which the imposition of a compensating tariff of other equalizing measure may have in encouraging foreign nations to implement pollution and abatement control programs. ‘‘(b) The Secretary shall make an initial report to the

President and Congress within six months after the date of enactment of this section [Oct. 18, 1972] of the results of the study and investigation carried out pur-


suant to this section and shall make additional reports thereafter at such times as he deems appropriate tak-ing into account the development of relevant data, but not less than once every twelve months.’’

INTERNATIONAL AGREEMENTS

Pub. L. 92–500, § 7, Oct. 18, 1972, 86 Stat. 898, provided that: ‘‘The President shall undertake to enter into international agreement to apply uniform standards of performance for the control of the discharge and emis-sion of pollutants from new sources, uniform controls over the discharge and emission of toxic pollutants, and uniform controls over the discharge of pollutants into the ocean. For this purpose the President shall ne-gotiate multilateral treaties, conventions, resolutions, or other agreements, and formulate, present, or support proposals at the United Nations and other appropriate international forums.’’

NATIONAL POLICIES AND GOAL STUDY

Pub. L. 92–500, § 10, Oct. 18, 1972, 86 Stat. 899, directed President to make a full and complete investigation and study of all national policies and goals established by law to determine what the relationship should be be-tween these policies and goals, taking into account the resources of the Nation, and to report results of his in-vestigation and study together with his recommenda-tions to Congress not later than two years after Oct. 18, 1972.

EFFICIENCY STUDY

Pub. L. 92–500, § 11, Oct. 18, 1972, 86 Stat. 899, directed President, by utilization of the General Accounting Of-fice, to conduct a full and complete investigation and study of ways and means of most effectively using all of the various resources, facilities, and personnel of the Federal Government in order to most efficiently carry out the provisions of this chapter and to report results of his investigation and study together with his recom-mendations to Congress not later than two hundred and seventy days after Oct. 18, 1972.

SEX DISCRIMINATION

Pub. L. 92–500, § 13, Oct. 18, 1972, 86 Stat. 903, provided that: ‘‘No person in the United States shall on the ground of sex be excluded from participation in, be de-nied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assist-ance under this Act [see Short Title note above] the Federal Water Pollution Control Act [this chapter], or the Environmental Financing Act [set out as a note under section 1281 of this title]. This section shall be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title VI of the Civil Rights Act of 1964 [section 2000d et seq. of Title 42, The Public Health and Welfare]. However, this remedy is not ex-clusive and will not prejudice or cut off any other legal remedies available to a discriminatee.’’

CONTIGUOUS ZONE OF UNITED STATES

For extension of contiguous zone of United States, see Proc. No. 7219, set out as a note under section 1331 of Title 43, Public Lands.

PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL POLLUTION AT FEDERAL FACILITIES

Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under section 4321 of Title 42, The Public Health and Welfare, provides for the prevention, con-trol, and abatement of environmental pollution at fed-eral facilities.

EXECUTIVE ORDER NO. 11548

Ex. Ord. No. 11548, July 20, 1970, 35 F.R. 11677, which related to the delegation of Presidential functions, was superseded by Ex. Ord. No. 11735, Aug. 3, 1973, 38 F.R. 21243, formerly set out as a note under section 1321 of this title.

EX. ORD. NO. 11742. DELEGATION OF FUNCTIONS TO SEC-RETARY OF STATE RESPECTING THE NEGOTIATION OF INTERNATIONAL AGREEMENTS RELATING TO THE EN-HANCEMENT OF THE ENVIRONMENT

Ex. Ord. No. 11742, Oct. 23, 1973, 38 F.R. 29457, pro-vided:

Under and by virtue of the authority vested in me by section 301 of title 3 of the United States Code and as President of the United States, I hereby authorize and empower the Secretary of State, in coordination with the Council on Environmental Quality, the Environ-mental Protection Agency, and other appropriate Fed-eral agencies, to perform, without the approval, ratifi-cation, or other action of the President, the functions vested in the President by Section 7 of the Federal Water Pollution Control Act Amendments of 1972 (Pub-lic Law 92–500; 86 Stat. 898) with respect to inter-national agreements relating to the enhancement of the environment.

RICHARD NIXON.

DEFINITION OF ‘‘ADMINISTRATOR’’

Pub. L. 100–4, § 1(d), Feb. 4, 1987, 101 Stat. 8, provided that: ‘‘For purposes of this Act [see Short Title of 1987 Amendment note above], the term ‘Administrator’ means the Administrator of the Environmental Protec-tion Agency.’’

§ 1252. Comprehensive programs for water pollu-tion control

(a) Preparation and development

The Administrator shall, after careful inves-tigation, and in cooperation with other Federal agencies, State water pollution control agen-cies, interstate agencies, and the municipalities and industries involved, prepare or develop com-prehensive programs for preventing, reducing, or eliminating the pollution of the navigable wa-ters and ground waters and improving the sani-tary condition of surface and underground wa-ters. In the development of such comprehensive programs due regard shall be given to the im-provements which are necessary to conserve such waters for the protection and propagation of fish and aquatic life and wildlife, recreational purposes, and the withdrawal of such waters for public water supply, agricultural, industrial, and other purposes. For the purpose of this sec-tion, the Administrator is authorized to make joint investigations with any such agencies of the condition of any waters in any State or States, and of the discharges of any sewage, in-dustrial wastes, or substance which may ad-versely affect such waters.

(b) Planning for reservoirs; storage for regula-tion of streamflow

(1) In the survey or planning of any reservoir by the Corps of Engineers, Bureau of Reclama-tion, or other Federal agency, consideration shall be given to inclusion of storage for regula-tion of streamflow, except that any such storage and water releases shall not be provided as a substitute for adequate treatment or other methods of controlling waste at the source.

(2) The need for and the value of storage for regulation of streamflow (other than for water quality) including but not limited to navigation, salt water intrusion, recreation, esthetics, and fish and wildlife, shall be determined by the Corps of Engineers, Bureau of Reclamation, or other Federal agencies.

(3) The need for, the value of, and the impact of, storage for water quality control shall be de-

TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1252a

termined by the Administrator, and his views on these matters shall be set forth in any report or presentation to Congress proposing authoriza-tion or construction of any reservoir including such storage.

(4) The value of such storage shall be taken into account in determining the economic value of the entire project of which it is a part, and costs shall be allocated to the purpose of regula-tion of streamflow in a manner which will in-sure that all project purposes, share equitably in the benefit of multiple-purpose construction.

(5) Costs of regulation of streamflow features incorporated in any Federal reservoir or other impoundment under the provisions of this chap-ter shall be determined and the beneficiaries identified and if the benefits are widespread or national in scope, the costs of such features shall be nonreimbursable.

(6) No license granted by the Federal Energy Regulatory Commission for a hydroelectric power project shall include storage for regula-tion of streamflow for the purpose of water qual-ity control unless the Administrator shall rec-ommend its inclusion and such reservoir storage capacity shall not exceed such proportion of the total storage required for the water quality con-trol plan as the drainage area of such reservoir bears to the drainage area of the river basin or basins involved in such water quality control plan.

(c) Basins; grants to State agencies

(1) The Administrator shall, at the request of the Governor of a State, or a majority of the Governors when more than one State is in-volved, make a grant to pay not to exceed 50 per centum of the administrative expenses of a plan-ning agency for a period not to exceed three years, which period shall begin after October 18, 1972, if such agency provides for adequate rep-resentation of appropriate State, interstate, local, or (when appropriate) international inter-ests in the basin or portion thereof involved and is capable of developing an effective, comprehen-sive water quality control plan for a basin or portion thereof.

(2) Each planning agency receiving a grant under this subsection shall develop a compre-hensive pollution control plan for the basin or portion thereof which—

(A) is consistent with any applicable water quality standards effluent and other limita-tions, and thermal discharge regulations es-tablished pursuant to current law within the basin;

(B) recommends such treatment works as will provide the most effective and economical means of collection, storage, treatment, and elimination of pollutants and recommends means to encourage both municipal and indus-trial use of such works;

(C) recommends maintenance and improve-ment of water quality within the basin or por-tion thereof and recommends methods of ade-quately financing those facilities as may be necessary to implement the plan; and

(D) as appropriate, is developed in coopera-tion with, and is consistent with any compre-hensive plan prepared by the Water Resources Council, any areawide waste management

plans developed pursuant to section 1288 of this title, and any State plan developed pursu-ant to section 1313(e) of this title.

(3) For the purposes of this subsection the term ‘‘basin’’ includes, but is not limited to, riv-ers and their tributaries, streams, coastal wa-ters, sounds, estuaries, bays, lakes, and portions thereof as well as the lands drained thereby.

(June 30, 1948, ch. 758, title I, § 102, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 817; amended Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583; Pub. L. 95–217, § 5(b), Dec. 27, 1977, 91 Stat. 1567; Pub. L. 104–66, title II, § 2021(a), Dec. 21, 1995, 109 Stat. 726.)

AMENDMENTS

1995—Subsec. (d). Pub. L. 104–66 struck out subsec. (d) which read as follows: ‘‘The Administrator, after con-sultation with the States, and River Basin Commis-sions established under the Water Resources Planning Act, shall submit a report to Congress on or before July 1, 1978, which analyzes the relationship between pro-grams under this chapter, and the programs by which State and Federal agencies allocate quantities of water. Such report shall include recommendations con-cerning the policy in section 1251(g) of this title to im-prove coordination of efforts to reduce and eliminate pollution in concert with programs for managing water resources.’’

1977—Subsec. (d). Pub. L. 95–217 added subsec. (d).

TRANSFER OF FUNCTIONS

‘‘Federal Energy Regulatory Commission’’ sub-stituted for ‘‘Federal Power Commission’’ in subsec. (b)(6) on authority of Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583, which is classi-fied to section 7172(a)(1)(A) of Title 42, The Public Health and Welfare.


Ex. Ord. No. 10014, Nov. 3, 1948, 13 F.R. 6601, which re-lated to the cooperation of Federal and State agencies to prevent pollution of surface and underground waters, was superseded by Ex. Ord. No. 11258, Nov. 17, 1965, 30 F.R. 14483.

§ 1252a. Reservoir projects, water storage; modi-fication; storage for other than for water quality, opinion of Federal agency, commit-tee resolutions of approval; provisions inap-plicable to projects with certain prescribed water quality benefits in relation to total project benefits

In the case of any reservoir project authorized for construction by the Corps of Engineers, Bu-reau of Reclamation, or other Federal agency when the Administrator of the Environmental Protection Agency determines pursuant to sec-tion 1252(b) of this title that any storage in such project for regulation of streamflow for water quality is not needed, or is needed in a different amount, such project may be modified accord-ingly by the head of the appropriate agency, and any storage no longer required for water quality may be utilized for other authorized purposes of the project when, in the opinion of the head of such agency, such use is justified. Any such modification of a project where the benefits at-tributable to water quality are 15 per centum or more but not greater than 25 per centum of the total project benefits shall take effect only upon the adoption of resolutions approving such modification by the appropriate committees of


the Senate and House of Representatives. The provisions of the section shall not apply to any project where the benefits attributable to water quality exceed 25 per centum of the total project benefits.

(Pub. L. 93–251, title I, § 65, Mar. 7, 1974, 88 Stat. 30.)

CODIFICATION

Section was not enacted as part of the Federal Water Pollution Control Act which comprises this chapter.

§ 1253. Interstate cooperation and uniform laws

(a) The Administrator shall encourage cooper-ative activities by the States for the prevention, reduction, and elimination of pollution, encour-age the enactment of improved and, so far as practicable, uniform State laws relating to the prevention, reduction, and elimination of pollu-tion; and encourage compacts between States for the prevention and control of pollution.

(b) The consent of the Congress is hereby given to two or more States to negotiate and enter into agreements or compacts, not in con-flict with any law or treaty of the United States, for (1) cooperative effort and mutual as-sistance for the prevention and control of pollu-tion and the enforcement of their respective laws relating thereto, and (2) the establishment of such agencies, joint or otherwise, as they may deem desirable for making effective such agree-ments and compacts. No such agreement or compact shall be binding or obligatory upon any State a party thereto unless and until it has been approved by the Congress.

(June 30, 1948, ch. 758, title I, § 103, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 818.)

§ 1254. Research, investigations, training, and in-formation

(a) Establishment of national programs; coopera-tion; investigations; water quality surveil-lance system; reports

The Administrator shall establish national programs for the prevention, reduction, and elimination of pollution and as part of such pro-grams shall—

(1) in cooperation with other Federal, State, and local agencies, conduct and promote the coordination and acceleration of, research, in-vestigations, experiments, training, dem-onstrations, surveys, and studies relating to the causes, effects, extent, prevention, reduc-tion, and elimination of pollution;

(2) encourage, cooperate with, and render technical services to pollution control agen-cies and other appropriate public or private agencies, institutions, and organizations, and individuals, including the general public, in the conduct of activities referred to in para-graph (1) of this subsection;

(3) conduct, in cooperation with State water pollution control agencies and other inter-ested agencies, organizations and persons, public investigations concerning the pollution of any navigable waters, and report on the re-sults of such investigations;

(4) establish advisory committees composed of recognized experts in various aspects of pol-

lution and representatives of the public to as-sist in the examination and evaluation of re-search progress and proposals and to avoid du-plication of research;

(5) in cooperation with the States, and their political subdivisions, and other Federal agen-cies establish, equip, and maintain a water quality surveillance system for the purpose of monitoring the quality of the navigable wa-ters and ground waters and the contiguous zone and the oceans and the Administrator shall, to the extent practicable, conduct such surveillance by utilizing the resources of the National Aeronautics and Space Administra-tion, the National Oceanic and Atmospheric Administration, the United States Geological Survey, and the Coast Guard, and shall report on such quality in the report required under subsection (a) of section 1375 of this title; and

(6) initiate and promote the coordination and acceleration of research designed to de-velop the most effective practicable tools and techniques for measuring the social and eco-nomic costs and benefits of activities which are subject to regulation under this chapter; and shall transmit a report on the results of such research to the Congress not later than January 1, 1974.

(b) Authorized activities of Administrator

In carrying out the provisions of subsection (a) of this section the Administrator is authorized to—

(1) collect and make available, through pub-lications and other appropriate means, the re-sults of and other information, including ap-propriate recommendations by him in connec-tion therewith, pertaining to such research and other activities referred to in paragraph (1) of subsection (a);

(2) cooperate with other Federal depart-ments and agencies, State water pollution control agencies, interstate agencies, other public and private agencies, institutions, orga-nizations, industries involved, and individuals, in the preparation and conduct of such re-search and other activities referred to in para-graph (1) of subsection (a);

(3) make grants to State water pollution control agencies, interstate agencies, other public or nonprofit private agencies, institu-tions, organizations, and individuals, for pur-poses stated in paragraph (1) of subsection (a) of this section;

(4) contract with public or private agencies, institutions, organizations, and individuals, without regard to section 3324(a) and (b) of title 31 and section 6101 of title 41, referred to in paragraph (1) of subsection (a);

(5) establish and maintain research fellow-ships at public or nonprofit private edu-cational institutions or research organiza-tions;

(6) collect and disseminate, in cooperation with other Federal departments and agencies, and with other public or private agencies, in-stitutions, and organizations having related responsibilities, basic data on chemical, phys-ical, and biological effects of varying water quality and other information pertaining to pollution and the prevention, reduction, and elimination thereof; and


(7) develop effective and practical processes, methods, and prototype devices for the preven-tion, reduction, and elimination of pollution.

(c) Research and studies on harmful effects of pollutants; cooperation with Secretary of Health and Human Services

In carrying out the provisions of subsection (a) of this section the Administrator shall conduct research on, and survey the results of other sci-entific studies on, the harmful effects on the health or welfare of persons caused by pollut-ants. In order to avoid duplication of effort, the Administrator shall, to the extent practicable, conduct such research in cooperation with and through the facilities of the Secretary of Health and Human Services.

(d) Sewage treatment; identification and meas-urement of effects of pollutants; augmented streamflow

In carrying out the provisions of this section the Administrator shall develop and dem-onstrate under varied conditions (including con-ducting such basic and applied research, studies, and experiments as may be necessary):

(1) Practicable means of treating municipal sewage, and other waterborne wastes to imple-ment the requirements of section 1281 of this title;

(2) Improved methods and procedures to identify and measure the effects of pollutants, including those pollutants created by new technological developments; and

(3) Methods and procedures for evaluating the effects on water quality of augmented streamflows to control pollution not suscep-tible to other means of prevention, reduction, or elimination.

(e) Field laboratory and research facilities

The Administrator shall establish, equip, and maintain field laboratory and research facili-ties, including, but not limited to, one to be lo-cated in the northeastern area of the United States, one in the Middle Atlantic area, one in the southeastern area, one in the midwestern area, one in the southwestern area, one in the Pacific Northwest, and one in the State of Alas-ka, for the conduct of research, investigations, experiments, field demonstrations and studies, and training relating to the prevention, reduc-tion and elimination of pollution. Insofar as practicable, each such facility shall be located near institutions of higher learning in which graduate training in such research might be car-ried out. In conjunction with the development of criteria under section 1343 of this title, the Ad-ministrator shall construct the facilities au-thorized for the National Marine Water Quality Laboratory established under this subsection.

(f) Great Lakes water quality research

The Administrator shall conduct research and technical development work, and make studies, with respect to the quality of the waters of the Great Lakes, including an analysis of the present and projected future water quality of the Great Lakes under varying conditions of waste treatment and disposal, an evaluation of the water quality needs of those to be served by such waters, an evaluation of municipal, indus-

trial, and vessel waste treatment and disposal practices with respect to such waters, and a study of alternate means of solving pollution problems (including additional waste treatment measures) with respect to such waters.

(g) Treatment works pilot training programs; employment needs forecasting; training projects and grants; research fellowships; technical training; report to the President and transmittal to Congress

(1) For the purpose of providing an adequate supply of trained personnel to operate and main-tain existing and future treatment works and re-lated activities, and for the purpose of enhanc-ing substantially the proficiency of those en-gaged in such activities, the Administrator shall finance pilot programs, in cooperation with State and interstate agencies, municipalities, educational institutions, and other organiza-tions and individuals, of manpower development and training and retraining of persons in, on en-tering into, the field of operation and mainte-nance of treatment works and related activities. Such program and any funds expended for such a program shall supplement, not supplant, other manpower and training programs and funds available for the purposes of this paragraph. The Administrator is authorized, under such terms and conditions as he deems appropriate, to enter into agreements with one or more States, acting jointly or severally, or with other public or pri-vate agencies or institutions for the develop-ment and implementation of such a program.

(2) The Administrator is authorized to enter into agreements with public and private agen-cies and institutions, and individuals to develop and maintain an effective system for forecasting the supply of, and demand for, various profes-sional and other occupational categories needed for the prevention, reduction, and elimination of pollution in each region, State, or area of the United States and, from time to time, to publish the results of such forecasts.

(3) In furtherance of the purposes of this chap-ter, the Administrator is authorized to—

(A) make grants to public or private agen-cies and institutions and to individuals for training projects, and provide for the conduct of training by contract with public or private agencies and institutions and with individuals without regard to section 3324(a) and (b) of title 31 and section 6101 of title 41;

(B) establish and maintain research fellow-ships in the Environmental Protection Agency with such stipends and allowances, including traveling and subsistence expenses, as he may deem necessary to procure the assistance of the most promising research fellows; and

(C) provide, in addition to the program es-tablished under paragraph (1) of this sub-section, training in technical matters relating to the causes, prevention, reduction, and elimination of pollution for personnel of pub-lic agencies and other persons with suitable qualifications.

(4) The Administrator shall submit, through the President, a report to the Congress not later than December 31, 1973, summarizing the actions taken under this subsection and the effective-ness of such actions, and setting forth the num-


ber of persons trained, the occupational cat-egories for which training was provided, the ef-fectiveness of other Federal, State, and local training programs in this field, together with es-timates of future needs, recommendations on improving training programs, and such other in-formation and recommendations, including leg-islative recommendations, as he deems appro-priate.

(h) Lake pollution

The Administrator is authorized to enter into contracts with, or make grants to, public or pri-vate agencies and organizations and individuals for (A) the purpose of developing and dem-onstrating new or improved methods for the pre-vention, removal, reduction, and elimination of pollution in lakes, including the undesirable ef-fects of nutrients and vegetation, and (B) the construction of publicly owned research facili-ties for such purpose.

(i) Oil pollution control studies

The Administrator, in cooperation with the Secretary of the Department in which the Coast Guard is operating, shall—

(1) engage in such research, studies, experi-ments, and demonstrations as he deems appro-priate, relative to the removal of oil from any waters and to the prevention, control, and elimination of oil and hazardous substances pollution;

(2) publish from time to time the results of such activities; and

(3) from time to time, develop and publish in the Federal Register specifications and other technical information on the various chemical compounds used in the control of oil and haz-ardous substances spills.

In carrying out this subsection, the Adminis-trator may enter into contracts with, or make grants to, public or private agencies and organi-zations and individuals.

(j) Solid waste disposal equipment for vessels

The Secretary of the department in which the Coast Guard is operating shall engage in such research, studies, experiments, and demonstra-tions as he deems appropriate relative to equip-ment which is to be installed on board a vessel and is designed to receive, retain, treat, or dis-charge human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes with particular emphasis on equipment to be installed on small rec-reational vessels. The Secretary of the depart-ment in which the Coast Guard is operating shall report to Congress the results of such re-search, studies, experiments, and demonstra-tions prior to the effective date of any regula-tions established under section 1322 of this title. In carrying out this subsection the Secretary of the department in which the Coast Guard is op-erating may enter into contracts with, or make grants to, public or private organizations and in-dividuals.

(k) Land acquisition

In carrying out the provisions of this section relating to the conduct by the Administrator of demonstration projects and the development of field laboratories and research facilities, the Ad-

ministrator may acquire land and interests therein by purchase, with appropriated or do-nated funds, by donation, or by exchange for ac-quired or public lands under his jurisdiction which he classifies as suitable for disposition. The values of the properties so exchanged either shall be approximately equal, or if they are not approximately equal, the values shall be equal-ized by the payment of cash to the grantor or to the Administrator as the circumstances require.

(l) Collection and dissemination of scientific knowledge on effects and control of pes-ticides in water

(1) The Administrator shall, after consultation with appropriate local, State, and Federal agen-cies, public and private organizations, and inter-ested individuals, as soon as practicable but not later than January 1, 1973, develop and issue to the States for the purpose of carrying out this chapter the latest scientific knowledge available in indicating the kind and extent of effects on health and welfare which may be expected from the presence of pesticides in the water in vary-ing quantities. He shall revise and add to such information whenever necessary to reflect devel-oping scientific knowledge.

(2) The President shall, in consultation with appropriate local, State, and Federal agencies, public and private organizations, and interested individuals, conduct studies and investigations of methods to control the release of pesticides into the environment which study shall include examination of the persistency of pesticides in the water environment and alternatives thereto. The President shall submit reports, from time to time, on such investigations to Congress to-gether with his recommendations for any nec-essary legislation.

(m) Waste oil disposal study

(1) The Administrator shall, in an effort to prevent degradation of the environment from the disposal of waste oil, conduct a study of (A) the generation of used engine, machine, cooling, and similar waste oil, including quantities gen-erated, the nature and quality of such oil, present collecting methods and disposal prac-tices, and alternate uses of such oil; (B) the long-term, chronic biological effects of the dis-posal of such waste oil; and (C) the potential market for such oils, including the economic and legal factors relating to the sale of products made from such oils, the level of subsidy, if any, needed to encourage the purchase by public and private nonprofit agencies of products from such oil, and the practicability of Federal procure-ment, on a priority basis, of products made from such oil. In conducting such study, the Adminis-trator shall consult with affected industries and other persons.

(2) The Administrator shall report the prelimi-nary results of such study to Congress within six months after October 18, 1972, and shall submit a final report to Congress within 18 months after such date.

(n) Comprehensive studies of effects of pollution on estuaries and estuarine zones

(1) The Administrator shall, in cooperation with the Secretary of the Army, the Secretary of Agriculture, the Water Resources Council,


and with other appropriate Federal, State, interstate, or local public bodies and private or-ganizations, institutions, and individuals, con-duct and promote, and encourage contributions to, continuing comprehensive studies of the ef-fects of pollution, including sedimentation, in the estuaries and estuarine zones of the United States on fish and wildlife, on sport and com-mercial fishing, on recreation, on water supply and water power, and on other beneficial pur-poses. Such studies shall also consider the effect of demographic trends, the exploitation of min-eral resources and fossil fuels, land and indus-trial development, navigation, flood and erosion control, and other uses of estuaries and estua-rine zones upon the pollution of the waters therein.

(2) In conducting such studies, the Adminis-trator shall assemble, coordinate, and organize all existing pertinent information on the Na-tion’s estuaries and estuarine zones; carry out a program of investigations and surveys to supple-ment existing information in representative es-tuaries and estuarine zones; and identify the problems and areas where further research and study are required.

(3) The Administrator shall submit to Con-gress, from time to time, reports of the studies authorized by this subsection but at least one such report during any six-year period. Copies of each such report shall be made available to all interested parties, public and private.

(4) For the purpose of this subsection, the term ‘‘estuarine zones’’ means an environmental system consisting of an estuary and those tran-sitional areas which are consistently influenced or affected by water from an estuary such as, but not limited to, salt marshes, coastal and intertidal areas, bays, harbors, lagoons, inshore waters, and channels, and the term ‘‘estuary’’ means all or part of the mouth of a river or stream or other body of water having unim-paired natural connection with open sea and within which the sea water is measurably di-luted with fresh water derived from land drain-age.

(o) Methods of reducing total flow of sewage and unnecessary water consumption; reports

(1) The Administrator shall conduct research and investigations on devices, systems, incen-tives, pricing policy, and other methods of re-ducing the total flow of sewage, including, but not limited to, unnecessary water consumption in order to reduce the requirements for, and the costs of, sewage and waste treatment services. Such research and investigations shall be di-rected to develop devices, systems, policies, and methods capable of achieving the maximum re-duction of unnecessary water consumption.

(2) The Administrator shall report the prelimi-nary results of such studies and investigations to the Congress within one year after October 18, 1972, and annually thereafter in the report re-quired under subsection (a) of section 1375 of this title. Such report shall include recom-mendations for any legislation that may be re-quired to provide for the adoption and use of de-vices, systems, policies, or other methods of re-ducing water consumption and reducing the total flow of sewage. Such report shall include

an estimate of the benefits to be derived from adoption and use of such devices, systems, poli-cies, or other methods and also shall reflect esti-mates of any increase in private, public, or other cost that would be occasioned thereby.

(p) Agricultural pollution

In carrying out the provisions of subsection (a) of this section the Administrator shall, in co-operation with the Secretary of Agriculture, other Federal agencies, and the States, carry out a comprehensive study and research pro-gram to determine new and improved methods and the better application of existing methods of preventing, reducing, and eliminating pollu-tion from agriculture, including the legal, eco-nomic, and other implications of the use of such methods.

(q) Sewage in rural areas; national clearinghouse for alternative treatment information; clear-inghouse on small flows

(1) The Administrator shall conduct a compre-hensive program of research and investigation and pilot project implementation into new and improved methods of preventing, reducing, stor-ing, collecting, treating, or otherwise eliminat-ing pollution from sewage in rural and other areas where collection of sewage in conven-tional, communitywide sewage collection sys-tems is impractical, uneconomical, or otherwise infeasible, or where soil conditions or other fac-tors preclude the use of septic tank and drainage field systems.

(2) The Administrator shall conduct a compre-hensive program of research and investigation and pilot project implementation into new and improved methods for the collection and treat-ment of sewage and other liquid wastes com-bined with the treatment and disposal of solid wastes.

(3) The Administrator shall establish, either within the Environmental Protection Agency, or through contract with an appropriate public or private non-profit organization, a national clearinghouse which shall (A) receive reports and information resulting from research, dem-onstrations, and other projects funded under this chapter related to paragraph (1) of this sub-section and to subsection (e)(2) of section 1255 of this title; (B) coordinate and disseminate such reports and information for use by Federal and State agencies, municipalities, institutions, and persons in developing new and improved meth-ods pursuant to this subsection; and (C) provide for the collection and dissemination of reports and information relevant to this subsection from other Federal and State agencies, institu-tions, universities, and persons.

(4) SMALL FLOWS CLEARINGHOUSE.—Notwith-standing section 1285(d) of this title, from amounts that are set aside for a fiscal year under section 1285(i) of this title and are not ob-ligated by the end of the 24-month period of availability for such amounts under section 1285(d) of this title, the Administrator shall make available $1,000,000 or such unobligated amount, whichever is less, to support a national clearinghouse within the Environmental Protec-tion Agency to collect and disseminate informa-tion on small flows of sewage and innovative or alternative wastewater treatment processes and


techniques, consistent with paragraph (3). This paragraph shall apply with respect to amounts set aside under section 1285(i) of this title for which the 24-month period of availability re-ferred to in the preceding sentence ends on or after September 30, 1986.

(r) Research grants to colleges and universities

The Administrator is authorized to make grants to colleges and universities to conduct basic research into the structure and function of freshwater aquatic ecosystems, and to improve understanding of the ecological characteristics necessary to the maintenance of the chemical, physical, and biological integrity of freshwater aquatic ecosystems.

(s) River Study Centers

The Administrator is authorized to make grants to one or more institutions of higher edu-cation (regionally located and to be designated as ‘‘River Study Centers’’) for the purpose of conducting and reporting on interdisciplinary studies on the nature of river systems, including hydrology, biology, ecology, economics, the re-lationship between river uses and land uses, and the effects of development within river basins on river systems and on the value of water re-sources and water related activities. No such grant in any fiscal year shall exceed $1,000,000.

(t) Thermal discharges

The Administrator shall, in cooperation with State and Federal agencies and public and pri-vate organizations, conduct continuing compre-hensive studies of the effects and methods of control of thermal discharges. In evaluating al-ternative methods of control the studies shall consider (1) such data as are available on the latest available technology, economic feasibility including cost-effectiveness analysis, and (2) the total impact on the environment, considering not only water quality but also air quality, land use, and effective utilization and conservation of freshwater and other natural resources. Such studies shall consider methods of minimizing ad-verse effects and maximizing beneficial effects of thermal discharges. The results of these stud-ies shall be reported by the Administrator as soon as practicable, but not later than 270 days after October 18, 1972, and shall be made avail-able to the public and the States, and considered as they become available by the Administrator in carrying out section 1326 of this title and by the States in proposing thermal water quality standards.

(u) Authorization of appropriations

There is authorized to be appropriated (1) not to exceed $100,000,000 per fiscal year for the fis-cal year ending June 30, 1973, the fiscal year end-ing June 30, 1974, and the fiscal year ending June 30, 1975, not to exceed $14,039,000 for the fiscal year ending September 30, 1980, not to exceed $20,697,000 for the fiscal year ending September 30, 1981, not to exceed $22,770,000 for the fiscal year ending September 30, 1982, such sums as may be necessary for fiscal years 1983 through 1985, and not to exceed $22,770,000 per fiscal year for each of the fiscal years 1986 through 1990, for carrying out the provisions of this section, other than subsections (g)(1) and (2), (p), (r), and (t),

except that such authorizations are not for any research, development, or demonstration activ-ity pursuant to such provisions; (2) not to exceed $7,500,000 for fiscal years 1973, 1974, and 1975, $2,000,000 for fiscal year 1977, $3,000,000 for fiscal year 1978, $3,000,000 for fiscal year 1979, $3,000,000 for fiscal year 1980, $3,000,000 for fiscal year 1981, $3,000,000 for fiscal year 1982, such sums as may be necessary for fiscal years 1983 through 1985, and $3,000,000 per fiscal year for each of the fis-cal years 1986 through 1990, for carrying out the provisions of subsection (g)(1); (3) not to exceed $2,500,000 for fiscal years 1973, 1974, and 1975, $1,000,000 for fiscal year 1977, $1,500,000 for fiscal year 1978, $1,500,000 for fiscal year 1979, $1,500,000 for fiscal year 1980, $1,500,000 for fiscal year 1981, $1,500,000 for fiscal year 1982, such sums as may be necessary for fiscal years 1983 through 1985, and $1,500,000 per fiscal year for each of the fis-cal years 1986 through 1990, for carrying out the provisions of subsection (g)(2); (4) not to exceed $10,000,000 for each of the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975, for carrying out the provisions of subsection (p); (5) not to exceed $15,000,000 per fiscal year for the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975, for carrying out the provisions of subsection (r); and (6) not to exceed $10,000,000 per fiscal year for the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975, for car-rying out the provisions of subsection (t).

(v) Studies concerning pathogen indicators in coastal recreation waters

Not later than 18 months after October 10, 2000, after consultation and in cooperation with appropriate Federal, State, tribal, and local offi-cials (including local health officials), the Ad-ministrator shall initiate, and, not later than 3 years after October 10, 2000, shall complete, in cooperation with the heads of other Federal agencies, studies to provide additional informa-tion for use in developing—

(1) an assessment of potential human health risks resulting from exposure to pathogens in coastal recreation waters, including non-gastrointestinal effects;

(2) appropriate and effective indicators for improving detection in a timely manner in coastal recreation waters of the presence of pathogens that are harmful to human health;

(3) appropriate, accurate, expeditious, and cost-effective methods (including predictive models) for detecting in a timely manner in coastal recreation waters the presence of pathogens that are harmful to human health; and

(4) guidance for State application of the cri-teria for pathogens and pathogen indicators to be published under section 1314(a)(9) of this title to account for the diversity of geographic and aquatic conditions.

(June 30, 1948, ch. 758, title I, § 104, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 819; amended Pub. L. 93–207, § 1(1), Dec. 28, 1973, 87 Stat. 906; Pub. L. 93–592, § 1, Jan. 2, 1975, 88 Stat. 1924; Pub. L. 95–217, §§ 4(a), (b), 6, 7, Dec. 27, 1977, 91 Stat. 1566, 1567; Pub. L. 95–576, § 1(a), Nov. 2, 1978, 92 Stat. 2467; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 96–483, § 1(a), Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100–4, title I, §§ 101(a),


102, Feb. 4, 1987, 101 Stat. 8, 9; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000; Pub. L. 105–362, title V, § 501(a)(1), (d)(2)(A), Nov. 10, 1998, 112 Stat. 3283; Pub. L. 106–284, § 3(a), Oct. 10, 2000, 114 Stat. 871; Pub. L. 107–303, title III, § 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)

CODIFICATION

In subsecs. (b)(4) and (g)(3)(A), ‘‘section 3324(a) and (b) of title 31 and section 6101 of title 41’’ substituted for references to sections 3648 and 3709 of the Revised Stat-utes on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, which Act enacted Title 31, Money and Fi-nance, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

AMENDMENTS

2002—Subsecs. (a)(5), (n)(3), (4), (o)(2). Pub. L. 107–303 repealed Pub. L. 105–362, § 501(a), (d). See 1998 Amend-ment notes below.

2000—Subsec. (v). Pub. L. 106–284 added subsec. (v). 1998—Subsec. (a)(5). Pub. L. 105–362, § 501(d)(2)(A)(i),

which directed the substitution of ‘‘not later than 90 days after the date of convening of each session of Con-gress’’ for ‘‘in the report required under subsection (a) of section 1375 of this title’’, was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below.

Subsec. (n)(3), (4). Pub. L. 105–362, § 501(a)(1), which di-rected the redesignation of par. (4) as (3) and striking out of former par. (3), was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below.

Subsec. (o)(2). Pub. L. 105–362, § 501(d)(2)(A)(ii), which directed the substitution of ‘‘not later than 90 days after the date of convening of each session of Congress’’ for ‘‘in the report required under subsection (a) of sec-tion 1375 of this title’’, was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below.

1987—Subsec. (q)(4). Pub. L. 100–4, § 102, added par. (4). Subsec. (u). Pub. L. 100–4, § 101(a), in cl. (1) struck out

‘‘and’’ after ‘‘1975,’’, ‘‘1980,’’, and ‘‘1981,’’ and inserted ‘‘such sums as may be necessary for fiscal years 1983 through 1985, and not to exceed $22,770,000 per fiscal year for each of the fiscal years 1986 through 1990,’’, in cl. (2) struck out ‘‘and’’ after ‘‘1981,’’ and inserted ‘‘such sums as may be necessary for fiscal years 1983 through 1985, and $3,000,000 per fiscal year for each of the fiscal years 1986 through 1990,’’, and in cl. (3) struck out ‘‘and’’ after ‘‘1981,’’ and inserted ‘‘such sums as may be necessary for fiscal years 1983 through 1985, and $1,500,000 per fiscal year for each of the fiscal years 1986 through 1990,’’.

1980—Subsec. (u). Pub. L. 96–483 in par. (1) inserted authorization of not to exceed $20,697,000 and $22,770,000 for fiscal years ending Sept. 30, 1981, and 1982, respec-tively; in par. (2) inserted authorization of the sum of $3,000,000 for each of fiscal years 1981 and 1982; and in par. (3) inserted authorization of the sum of $1,500,000 for each of fiscal years 1981 and 1982.

1978—Subsec. (u)(1). Pub. L. 95–576 authorized appro-priation of not to exceed $14,039,000 for fiscal year end-ing Sept. 30, 1980 and prohibited use of authorizations for any research, development, or demonstration activ-ity pursuant to provisions of this section.

1977—Subsec. (n)(3). Pub. L. 95–217, § 6, substituted ‘‘any six-year period’’ for ‘‘any three year period’’.

Subsec. (q)(3). Pub. L. 95–217, § 7, added par. (3). Subsec. (u)(2). Pub. L. 95–217, § 4(a), substituted ‘‘1975,

$2,000,000 for fiscal year 1977, $3,000,000 for fiscal year 1978, $3,000,000 for fiscal year 1979, and $3,000,000 for fis-cal year 1980,’’ for ‘‘1975’’.

Subsec. (u)(3). Pub. L. 95–217, § 4(b), substituted ‘‘1975, $1,000,000 for fiscal year 1977, $1,500,000 for fiscal year 1978, $1,500,000 for fiscal year 1979, and $1,500,000 for fis-cal year 1980,’’ for ‘‘1975’’.

1975—Subsec. (u)(1). Pub. L. 93–592, § 1(a), substituted ‘‘the fiscal year ending June 30, 1974, and the fiscal year ending June 30, 1975,’’ for ‘‘and the fiscal year ending June 30, 1974,’’.

Subsec. (u)(2). Pub. L. 93–592, § 1(b), substituted ‘‘fis-cal years 1973, 1974, and 1975’’ for ‘‘fiscal years 1973 and 1974’’.

Subsec. (u)(3). Pub. L. 93–592, § 1(c), substituted ‘‘fiscal years 1973, 1974, and 1975’’ for ‘‘fiscal year 1973’’.

Subsec. (u)(4), (5), (6). Pub. L. 93–592, § 1(d)–(f), sub-stituted ‘‘June 30, 1974, and June 30, 1975,’’ for ‘‘and June 30, 1974,’’.

1973—Subsec. (u)(2). Pub. L. 93–207 substituted ‘‘fiscal years 1973 and 1974’’ for ‘‘fiscal year 1973’’.

CHANGE OF NAME

‘‘United States Geological Survey’’ substituted for ‘‘Geological Survey’’ in subsec. (a)(5) pursuant to provi-sion of title I of Pub. L. 102–154, set out as a note under section 31 of Title 43, Public Lands.

‘‘Secretary of Health and Human Services’’ sub-stituted for ‘‘Secretary of Health, Education, and Wel-fare’’ in subsec. (c) pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107–303, title III, § 302(b), Nov. 27, 2002, 116 Stat. 2361, provided that:

‘‘(1) IN GENERAL.—Effective November 10, 1998, section 501 of the Federal Reports Elimination Act of 1998 (Pub-lic Law 105–362; 112 Stat. 3283) is amended by striking subsections (a) [amending this section and section 1330 of this title], (b) [amending section 1324 of this title], (c) [amending section 1329 of this title], and (d) [amend-ing this section and sections 1266, 1285, 1290, and 1375 of this title].

‘‘(2) APPLICABILITY.—The Federal Water Pollution Control Act (33 U.S.C. 1254(n)(3)) [33 U.S.C. 1251 et seq.] shall be applied and administered on and after the date of enactment of this Act [Nov. 27, 2002] as if the amend-ments made by subsections (a), (b), (c), and (d) of sec-tion 501 of the Federal Reports Elimination Act of 1998 (Public Law 105–362; 112 Stat. 3283) had not been en-acted.’’


For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat-ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu-rity, and the Department of Homeland Security Reor-ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Depart-ment, related to compliance with this chapter with re-spect to pre-construction, construction, and initial op-eration of transportation system for Canadian and Alaskan natural gas were transferred to the Federal In-spector, Office of Federal Inspector for the Alaska Nat-ural Gas Transportation System, until the first anni-versary of date of initial operation of the Alaska Natu-ral Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Of-fice of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au-thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Func-tions and authority vested in Secretary of Energy sub-sequently transferred to Federal Coordinator for Alas-


1 So in original.

ka Natural Gas Transportation Projects by section 720d(f) of Title 15.

COLUMBIA RIVER BASIN SYSTEM; PROTECTION FROM OIL SPILLS AND DISCHARGES; CRITERIA FOR EVALUATION AND REPORT TO CONGRESS BY COMMANDANT OF COAST GUARD IN CONSULTATION WITH FEDERAL, ETC., AGEN-CIES

Pub. L. 95–308, § 8, June 30, 1978, 92 Stat. 359, set forth Congressional findings and declarations and evaluation criteria with respect to protection from oil spills and discharges and betterment of the Columbia River Basin system, with such evaluation by the Commandant of the Coast Guard to begin within 180 days after June 30, 1978, and immediate submission of the evaluation to ap-propriate Congressional committees.



§ 1254a. Research on effects of pollutants

In carrying out the provisions of section 1254(a) of this title, the Administrator shall con-duct research on the harmful effects on the health and welfare of persons caused by pollut-ants in water, in conjunction with the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, and other Federal, State, and interstate agencies carrying on such research. Such research shall include, and shall place special emphasis on, the effect that bioaccumulation of these pollutants in aquatic species has upon reducing the value of aquatic commercial and sport industries. Such research shall further study methods to re-duce and remove these pollutants from the rel-evant affected aquatic species so as to restore and enhance these valuable resources.

(Pub. L. 100–4, title I, § 105, Feb. 4, 1987, 101 Stat. 15.)

CODIFICATION

Section was enacted as part of the Water Quality Act of 1987, and not as part of the Federal Water Pollution Control Act which comprises this chapter.

DEFINITION

Administrator means the Administrator of the Envi-ronmental Protection Agency, see section 1(d) of Pub. L. 100–4, set out as a note under section 1251 of this title.

§ 1255. Grants for research and development

(a) Demonstration projects covering storm wa-ters, advanced waste treatment and water purification methods, and joint treatment systems for municipal and industrial wastes

The Administrator is authorized to conduct in the Environmental Protection Agency, and to make grants to any State, municipality, or intermunicipal or interstate agency for the pur-pose of assisting in the development of—

(1) any project which will demonstrate a new or improved method of preventing, reducing, and eliminating the discharge into any waters of pollutants from sewers which carry storm water or both storm water and pollutants; or

(2) any project which will demonstrate ad-vanced waste treatment and water purifi-cation methods (including the temporary use

of new or improved chemical additives which provide substantial immediate improvements to existing treatment processes), or new or im-proved methods of joint treatment systems for municipal and industrial wastes;

and to include in such grants such amounts as are necessary for the purpose of reports, plans, and specifications in connection therewith.

(b) Demonstration projects for advanced treat-ment and environmental enhancement tech-niques to control pollution in river basins

The Administrator is authorized to make grants to any State or States or interstate agen-cy to demonstrate, in river basins or portions thereof, advanced treatment and environmental enhancement techniques to control pollution from all sources, within such basins or portions thereof, including nonpoint sources, together with in stream 1 water quality improvement techniques.

(c) Research and demonstration projects for pre-vention of water pollution by industry

In order to carry out the purposes of section 1311 of this title, the Administrator is author-ized to (1) conduct in the Environmental Protec-tion Agency, (2) make grants to persons, and (3) enter into contracts with persons, for research and demonstration projects for prevention of pollution of any waters by industry including, but not limited to, the prevention, reduction, and elimination of the discharge of pollutants. No grant shall be made for any project under this subsection unless the Administrator deter-mines that such project will develop or dem-onstrate a new or improved method of treating industrial wastes or otherwise prevent pollution by industry, which method shall have industry-wide application.

(d) Accelerated and priority development of waste management and waste treatment methods and identification and measurement methods

In carrying out the provisions of this section, the Administrator shall conduct, on a priority basis, an accelerated effort to develop, refine, and achieve practical application of:

(1) waste management methods applicable to point and nonpoint sources of pollutants to eliminate the discharge of pollutants, includ-ing, but not limited to, elimination of runoff of pollutants and the effects of pollutants from inplace or accumulated sources;

(2) advanced waste treatment methods appli-cable to point and nonpoint sources, including inplace or accumulated sources of pollutants, and methods for reclaiming and recycling water and confining pollutants so they will not migrate to cause water or other environ-mental pollution; and

(3) improved methods and procedures to identify and measure the effects of pollutants on the chemical, physical, and biological in-tegrity of water, including those pollutants created by new technological developments.


(e) Research and demonstration projects cover-ing agricultural pollution and pollution from sewage in rural areas; dissemination of infor-mation

(1) The Administrator is authorized to (A) make, in consultation with the Secretary of Ag-riculture, grants to persons for research and demonstration projects with respect to new and improved methods of preventing, reducing, and eliminating pollution from agriculture, and (B) disseminate, in cooperation with the Secretary of Agriculture, such information obtained under this subsection, section 1254(p) of this title, and section 1314 of this title as will encourage and enable the adoption of such methods in the agri-cultural industry.

(2) The Administrator is authorized, (A) in consultation with other interested Federal agen-cies, to make grants for demonstration projects with respect to new and improved methods of preventing, reducing, storing, collecting, treat-ing, or otherwise eliminating pollution from sewage in rural and other areas where collection of sewage in conventional, community-wide sew-age collection systems is impractical, uneco-nomical, or otherwise infeasible, or where soil conditions or other factors preclude the use of septic tank and drainage field systems, and (B) in cooperation with other interested Federal and State agencies, to disseminate such information obtained under this subsection as will encourage and enable the adoption of new and improved methods developed pursuant to this subsection.

(f) Limitations

Federal grants under subsection (a) of this sec-tion shall be subject to the following limita-tions:

(1) No grant shall be made for any project unless such project shall have been approved by the appropriate State water pollution con-trol agency or agencies and by the Adminis-trator;

(2) No grant shall be made for any project in an amount exceeding 75 per centum of cost thereof as determined by the Administrator; and

(3) No grant shall be made for any project unless the Administrator determines that such project will serve as a useful demonstration for the purpose set forth in clause (1) or (2) of subsection (a).

(g) Maximum grants

Federal grants under subsections (c) and (d) of this section shall not exceed 75 per centum of the cost of the project.

(h) Authorization of appropriations

For the purpose of this section there is author-ized to be appropriated $75,000,000 per fiscal year for the fiscal year ending June 30, 1973, the fiscal year ending June 30, 1974, and the fiscal year ending June 30, 1975, and from such appropria-tions at least 10 per centum of the funds actu-ally appropriated in each fiscal year shall be available only for the purposes of subsection (e).

(i) Assistance for research and demonstration projects

The Administrator is authorized to make grants to a municipality to assist in the costs of

operating and maintaining a project which re-ceived a grant under this section, section 1254 of this title, or section 1263 of this title prior to December 27, 1977, so as to reduce the operation and maintenance costs borne by the recipients of services from such project to costs com-parable to those for projects assisted under sub-chapter II of this chapter.

(j) Assistance for recycle, reuse, and land treat-ment projects

The Administrator is authorized to make a grant to any grantee who received an increased grant pursuant to section 1282(a)(2) of this title. Such grant may pay up to 100 per centum of the costs of technical evaluation of the operation of the treatment works, costs of training of per-sons (other than employees of the grantee), and costs of disseminating technical information on the operation of the treatment works.

(June 30, 1948, ch. 758, title I, § 105, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 825; amended Pub. L. 93–592, § 2, Jan. 2, 1975, 88 Stat. 1925; Pub. L. 95–217, §§ 8, 9, Dec. 27, 1977, 91 Stat. 1568.)

AMENDMENTS

1977—Subsecs. (i), (j). Pub. L. 95–217 added subsecs. (i) and (j).

1975—Subsec. (h). Pub. L. 93–592 substituted ‘‘the fis-cal year ending June 30, 1974, and the fiscal year ending June 30, 1975,’’ for ‘‘and the fiscal year ending June 30, 1974,’’.


Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Depart-ment, related to compliance with this chapter with re-spect to pre-construction, construction, and initial op-eration of transportation system for Canadian and Alaskan natural gas were transferred to the Federal In-spector, Office of Federal Inspector for the Alaska Nat-ural Gas Transportation System, until the first anni-versary of date of initial operation of the Alaska Natu-ral Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Of-fice of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au-thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Func-tions and authority vested in Secretary of Energy sub-sequently transferred to Federal Coordinator for Alas-ka Natural Gas Transportation Projects by section 720d(f) of Title 15.

§ 1256. Grants for pollution control programs

(a) Authorization of appropriations for State and interstate programs

There are hereby authorized to be appro-priated the following sums, to remain available until expended, to carry out the purpose of this section—

(1) $60,000,000 for the fiscal year ending June 30, 1973; and

(2) $75,000,000 for the fiscal year ending June 30, 1974, and the fiscal year ending June 30, 1975, $100,000,000 per fiscal year for the fiscal years 1977, 1978, 1979, and 1980, $75,000,000 per fiscal year for the fiscal years 1981 and 1982, such sums as may be necessary for fiscal years


1983 through 1985, and $75,000,000 per fiscal year for each of the fiscal years 1986 through 1990;

for grants to States and to interstate agencies to assist them in administering programs for the prevention, reduction, and elimination of pollution, including enforcement directly or through appropriate State law enforcement offi-cers or agencies.

(b) Allotments

From the sums appropriated in any fiscal year, the Administrator shall make allotments to the several States and interstate agencies in accordance with regulations promulgated by him on the basis of the extent of the pollution problem in the respective States.

(c) Maximum annual payments

The Administrator is authorized to pay to each State and interstate agency each fiscal year either—

(1) the allotment of such State or agency for such fiscal year under subsection (b), or

(2) the reasonable costs as determined by the Administrator of developing and carrying out a pollution program by such State or agency during such fiscal year,

which ever amount is the lesser.

(d) Limitations

No grant shall be made under this section to any State or interstate agency for any fiscal year when the expenditure of non-Federal funds by such State or interstate agency during such fiscal year for the recurrent expenses of carry-ing out its pollution control program are less than the expenditure by such State or interstate agency of non-Federal funds for such recurrent program expenses during the fiscal year ending June 30, 1971.

(e) Grants prohibited to States not establishing water quality monitoring procedures or ade-quate emergency and contingency plans

Beginning in fiscal year 1974 the Adminis-trator shall not make any grant under this sec-tion to any State which has not provided or is not carrying out as a part of its program—

(1) the establishment and operation of appro-priate devices, methods, systems, and proce-dures necessary to monitor, and to compile and analyze data on (including classification according to eutrophic condition), the quality of navigable waters and to the extent prac-ticable, ground waters including biological monitoring; and provision for annually updat-ing such data and including it in the report re-quired under section 1315 of this title;

(2) authority comparable to that in section 1364 of this title and adequate contingency plans to implement such authority.

(f) Conditions

Grants shall be made under this section on condition that—

(1) Such State (or interstate agency) files with the Administrator within one hundred and twenty days after October 18, 1972:

(A) a summary report of the current status of the State pollution control program, in-cluding the criteria used by the State in de-termining priority of treatment works; and

(B) such additional information, data, and reports as the Administrator may require.

(2) No federally assumed enforcement as de-fined in section 1319(a)(2) of this title is in ef-fect with respect to such State or interstate agency.

(3) Such State (or interstate agency) sub-mits within one hundred and twenty days after October 18, 1972, and before October 1 of each year thereafter for the Administrator’s approval of its program for the prevention, re-duction, and elimination of pollution in ac-cordance with purposes and provisions of this chapter in such form and content as the Ad-ministrator may prescribe.

(g) Reallotment of unpaid allotments

Any sums allotted under subsection (b) in any fiscal year which are not paid shall be reallotted by the Administrator in accordance with regula-tions promulgated by him.

(June 30, 1948, ch. 758, title I, § 106, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 827; amended Pub. L. 93–592, § 3, Jan. 2, 1975, 88 Stat. 1925; Pub. L. 94–273, § 3(20), Apr. 21, 1976, 90 Stat. 377; Pub. L. 95–217, § 4(c), Dec. 27, 1977, 91 Stat. 1566; Pub. 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.)

AMENDMENTS

1987—Subsec. (a)(2). Pub. L. 100–4 inserted ‘‘, such sums as may be necessary for fiscal years 1983 through 1985, and $75,000,000 per fiscal year for each of the fiscal years 1986 through 1990’’ after ‘‘1982’’.

1980—Subsec. (a)(2). Pub. L. 96–483 inserted authoriza-tion of the sum of $75,000,000 per fiscal year for fiscal years 1981 and 1982.

1977—Subsec. (a)(2). Pub. L. 95–217 substituted ‘‘and the fiscal year ending June 30, 1975, $100,000,000 per fis-cal year for the fiscal years 1977, 1978, 1979, and 1980’’ for ‘‘and the fiscal year ending June 30, 1975’’.

1976—Subsec. (f)(3). Pub. L. 94–273 substituted ‘‘Octo-ber’’ for ‘‘July’’.

1975—Subsec. (a)(2). Pub. L. 93–592 substituted ‘‘June 30, 1974, and the fiscal year ending June 30, 1975;’’ for ‘‘June 30, 1974;’’.

§ 1257. Mine water pollution control demonstra-tions

(a) Comprehensive approaches to elimination or control of mine water pollution

The Administrator in cooperation with the Appalachian Regional Commission and other Federal agencies is authorized to conduct, to make grants for, or to contract for, projects to demonstrate comprehensive approaches to the elimination or control of acid or other mine water pollution resulting from active or aban-doned mining operations and other environ-mental pollution affecting water quality within all or part of a watershed or river basin, includ-ing siltation from surface mining. Such projects shall demonstrate the engineering and economic feasibility and practicality of various abatement techniques which will contribute substantially to effective and practical methods of acid or other mine water pollution elimination or con-trol, and other pollution affecting water quality, including techniques that demonstrate the engi-neering and economic feasibility and practical-ity of using sewage sludge materials and other municipal wastes to diminish or prevent pollu-


tion affecting water quality from acid, sedi-mentation, or other pollutants and in such projects to restore affected lands to usefulness for forestry, agriculture, recreation, or other beneficial purposes.

(b) Consistency of projects with objectives of subtitle IV of title 40

Prior to undertaking any demonstration project under this section in the Appalachian re-gion (as defined in section 14102(a)(1) and (b) of title 40), the Appalachian Regional Commission shall determine that such demonstration project is consistent with the objectives of subtitle IV of title 40.

(c) Watershed selection

The Administrator, in selecting watersheds for the purposes of this section, shall be satisfied that the project area will not be affected ad-versely by the influx of acid or other mine water pollution from nearby sources.

(d) Conditions upon Federal participation

Federal participation in such projects shall be subject to the conditions—

(1) that the State shall acquire any land or interests therein necessary for such project; and

(2) that the State shall provide legal and practical protection to the project area to in-sure against any activities which will cause future acid or other mine water pollution.

(e) Authorization of appropriations

There is authorized to be appropriated $30,000,000 to carry out the provisions of this sec-tion, which sum shall be available until ex-pended.


CODIFICATION

In subsec. (b), ‘‘section 14102(a)(1) and (b) of title 40’’ substituted for ‘‘section 403 of the Appalachian Re-gional Development Act of 1965, as amended’’ and ‘‘sub-title IV of title 40’’ substituted for ‘‘the Appalachian Regional Development Act of 1965, as amended’’ on au-thority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

§ 1257a. State demonstration programs for clean-up of abandoned mines for use as waste dis-posal sites; authorization of appropriations

The Administrator of the Environmental Pro-tection Agency is authorized to make grants to States to undertake a demonstration program for the cleanup of State-owned abandoned mines which can be used as hazardous waste disposal sites. The State shall pay 10 per centum of project costs. At a minimum, the Administrator shall undertake projects under such program in the States of Ohio, Illinois, and West Virginia. There are authorized to be appropriated $10,000,000 per fiscal year for each of the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984, to carry out this section. Such projects shall be undertaken in ac-cordance with all applicable laws and regula-tions.

(Pub. L. 96–483, § 12, Oct. 21, 1980, 94 Stat. 2363.)

CODIFICATION

Section was not enacted as part of the Federal Water Pollution Control Act which comprises this chapter.

§ 1258. Pollution control in the Great Lakes

(a) Demonstration projects

The Administrator, in cooperation with other Federal departments, agencies, and instrumen-talities is authorized to enter into agreements with any State, political subdivision, interstate agency, or other public agency, or combination thereof, to carry out one or more projects to demonstrate new methods and techniques and to develop preliminary plans for the elimination or control of pollution, within all or any part of the watersheds of the Great Lakes. Such projects shall demonstrate the engineering and economic feasibility and practicality of removal of pollutants and prevention of any polluting matter from entering into the Great Lakes in the future and other reduction and remedial techniques which will contribute substantially to effective and practical methods of pollution prevention, reduction, or elimination.

(b) Conditions of Federal participation

Federal participation in such projects shall be subject to the condition that the State, political subdivision, interstate agency, or other public agency, or combination thereof, shall pay not less than 25 per centum of the actual project costs, which payment may be in any form, in-cluding, but not limited to, land or interests therein that is needed for the project, and per-sonal property or services the value of which shall be determined by the Administrator.

(c) Authorization of appropriations

There is authorized to be appropriated $20,000,000 to carry out the provisions of sub-sections (a) and (b) of this section, which sum shall be available until expended.

(d) Lake Erie demonstration program

(1) In recognition of the serious conditions which exist in Lake Erie, the Secretary of the Army, acting through the Chief of Engineers, is directed to design and develop a demonstration waste water management program for the reha-bilitation and environmental repair of Lake Erie. Prior to the initiation of detailed engineer-ing and design, the program, along with the spe-cific recommendations of the Chief of Engineers, and recommendations for its financing, shall be submitted to the Congress for statutory ap-proval. This authority is in addition to, and not in lieu of, other waste water studies aimed at eliminating pollution emanating from select sources around Lake Erie.

(2) This program is to be developed in coopera-tion with the Environmental Protection Agen-cy, other interested departments, agencies, and instrumentalities of the Federal Government, and the States and their political subdivisions. This program shall set forth alternative systems for managing waste water on a regional basis and shall provide local and State governments with a range of choice as to the type of system to be used for the treatment of waste water. These alternative systems shall include both ad-vanced waste treatment technology and land


disposal systems including aerated treatment- spray irrigation technology and will also include provisions for the disposal of solid wastes, in-cluding sludge. Such program should include measures to control point sources of pollution, area sources of pollution, including acid-mine drainage, urban runoff and rural runoff, and in place sources of pollution, including bottom loads, sludge banks, and polluted harbor dredg-ings.

(e) Authorization of appropriations for Lake Erie demonstration program

There is authorized to be appropriated $5,000,000 to carry out the provisions of sub-section (d) of this section, which sum shall be available until expended.


§ 1259. Training grants and contracts

(a) The Administrator is authorized to make grants to or contracts with institutions of high-er education, or combinations of such institu-tions, to assist them in planning, developing, strengthening, improving, or carrying out pro-grams or projects for the preparation of under-graduate students to enter an occupation which involves the design, operation, and maintenance of treatment works, and other facilities whose purpose is water quality control. Such grants or contracts may include payment of all or part of the cost of programs or projects such as—

(A) planning for the development or expan-sion of programs or projects for training per-sons in the operation and maintenance of treatment works;

(B) training and retraining of faculty mem-bers;

(C) conduct of short-term or regular session institutes for study by persons engaged in, or preparing to engage in, the preparation of stu-dents preparing to enter an occupation involv-ing the operation and maintenance of treat-ment works;

(D) carrying out innovative and experi-mental programs of cooperative education in-volving alternate periods of full-time or part- time academic study at the institution and pe-riods of full-time or part-time employment in-volving the operation and maintenance of treatment works; and

(E) research into, and development of, meth-ods of training students or faculty, including the preparation of teaching materials and the planning of curriculum.

(b)(1) The Administrator may pay 100 per cen-tum of any additional cost of construction of treatment works required for a facility to train and upgrade waste treatment works operation and maintenance personnel and for the costs of other State treatment works operator training programs, including mobile training units, classroom rental, specialized instructors, and in-structional material.

(2) The Administrator shall make no more than one grant for such additional construction in any State (to serve a group of States, where, in his judgment, efficient training programs re-quire multi-State programs), and shall make

such grant after consultation with and approval by the State or States on the basis of (A) the suitability of such facility for training oper-ation and maintenance personnel for treatment works throughout such State or States; and (B) a commitment by the State agency or agencies to carry out at such facility a program of train-ing approved by the Administrator. In any case where a grant is made to serve two or more States, the Administrator is authorized to make an additional grant for a supplemental facility in each such State.

(3) The Administrator may make such grant out of the sums allocated to a State under sec-tion 1285 of this title, except that in no event shall the Federal cost of any such training fa-cilities exceed $500,000.

(4) The Administrator may exempt a grant under this section from any requirement under section 1284(a)(3) of this title. Any grantee who received a grant under this section prior to en-actment of the Clean Water Act of 1977 shall be eligible to have its grant increased by funds made available under such Act.

(June 30, 1948, ch. 758, title I, § 109, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 829; amended Pub. L. 95–217, § 10, Dec. 27, 1977, 91 Stat. 1568.)

REFERENCES IN TEXT

Prior to the date of enactment of the Clean Water Act of 1977, referred to in subsec. (b)(4), means prior to the enactment of Pub. L. 95–217, Dec. 27, 1977, 91 Stat. 1566, which was approved Dec. 27, 1977.

Such Act, referred to in subsec. (b)(4), means Pub. L. 95–217, Dec. 27, 1977, 91 Stat. 1566, as amended, known as the Clean Water Act of 1977. For complete classifica-tion of this Act to the Code, see Short Title of 1977 Amendment note set out under section 1251 of this title and Tables.

AMENDMENTS

1977—Subsec. (b)(1). Pub. L. 95–217, § 10(c), (d), sub-stituted ‘‘cost of construction of treatment works re-quired for a facility to train and upgrade waste treat-ment works operation and maintenance personnel and for the costs of other State treatment works operator training programs, including mobile training units, classroom rental, specialized instructors, and instruc-tional material’’ for ‘‘cost of construction of a treat-ment works required for a facility to train and upgrade waste treatment works operation and maintenance per-sonnel’’.

Subsec. (b)(2). Pub. L. 95–217, § 10(e), authorized Ad-ministrator to make an additional grant for a supple-mental facility in each of the States in any case where a grant is made to serve two or more States.

Subsec. (b)(3). Pub. L. 95–217, § 10(a), substituted ‘‘$500,000’’ for ‘‘$250,000’’.

Subsec. (b)(4). Pub. L. 95–217, § 10(b), added par. (4).

§ 1260. Applications; allocation

(1) A grant or contract authorized by section 1259 of this title may be made only upon applica-tion to the Administrator at such time or times and containing such information as he may pre-scribe, except that no such application shall be approved unless it—

(A) sets forth programs, activities, research, or development for which a grant is authorized under section 1259 of this title and describes the relation to any program set forth by the applicant in an application, if any, submitted pursuant to section 1261 of this title;


(B) provides such fiscal control and fund ac-counting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this section; and

(C) provides for making such reports, in such form and containing such information, as the Administrator may require to carry out his functions under this section, and for keeping such records and for affording such access thereto as the Administrator may find nec-essary to assure the correctness and verifica-tion of such reports.

(2) The Administrator shall allocate grants or contracts under section 1259 of this title in such manner as will most nearly provide an equitable distribution of the grants or contracts through-out the United States among institutions of higher education which show promise of being able to use funds effectively for the purpose of this section.

(3)(A) Payments under this section may be used in accordance with regulations of the Ad-ministrator, and subject to the terms and condi-tions set forth in an application approved under paragraph (1), to pay part of the compensation of students employed in connection with the op-eration and maintenance of treatment works, other than as an employee in connection with the operation and maintenance of treatment works or as an employee in any branch of the Government of the United States, as part of a program for which a grant has been approved pursuant to this section.

(B) Departments and agencies of the United States are encouraged, to the extent consistent with efficient administration, to enter into ar-rangements with institutions of higher edu-cation for the full-time, part-time, or temporary employment, whether in the competitive or ex-cepted service, of students enrolled in programs set forth in applications approved under para-graph (1).


§ 1261. Scholarships

(1) The Administrator is authorized to award scholarships in accordance with the provisions of this section for undergraduate study by per-sons who plan to enter an occupation involving the operation and maintenance of treatment works. Such scholarships shall be awarded for such periods as the Administrator may deter-mine but not to exceed four academic years.

(2) The Administrator shall allocate scholar-ships under this section among institutions of higher education with programs approved under the provisions of this section for the use of indi-viduals accepted into such programs in such manner and according to such plan as will inso-far as practicable—

(A) provide an equitable distribution of such scholarships throughout the United States; and

(B) attract recent graduates of secondary schools to enter an occupation involving the operation and maintenance of treatment works.

(3) The Administrator shall approve a program of any institution of higher education for the

purposes of this section only upon application by the institution and only upon his finding—

(A) that such program has a principal objec-tive the education and training of persons in the operation and maintenance of treatment works;

(B) that such program is in effect and of high quality, or can be readily put into effect and may reasonably be expected to be of high qual-ity;

(C) that the application describes the rela-tion of such program to any program, activity, research, or development set forth by the ap-plicant in an application, if any, submitted pursuant to section 1260 of this title; and

(D) that the application contains satisfac-tory assurances that (i) the institution will recommend to the Administrator for the award of scholarships under this section, for study in such program, only persons who have demonstrated to the satisfaction of the insti-tution a serious intent, upon completing the program, to enter an occupation involving the operation and maintenance of treatment works, and (ii) the institution will make rea-sonable continuing efforts to encourage recipi-ents of scholarships under this section, en-rolled in such program, to enter occupations involving the operation and maintenance of treatment works upon completing the pro-gram.

(4)(A) The Administrator shall pay to persons awarded scholarships under this section such stipends (including such allowances for subsist-ence and other expenses for such persons and their dependents) as he may determine to be consistent with prevailing practices under com-parable federally supported programs.

(B) The Administrator shall (in addition to the stipends paid to persons under paragraph (1)) pay to the institution of higher education at which such person is pursuing his course of study such amount as he may determine to be consistent with prevailing practices under com-parable federally supported programs.

(5) A person awarded a scholarship under the provisions of this section shall continue to re-ceive the payments provided in this section only during such periods as the Administrator finds that he is maintaining satisfactory proficiency and devoting full time to study or research in the field in which such scholarship was awarded in an institution of higher education, and is not engaging in gainful employment other than em-ployment approved by the Administrator by or pursuant to regulation.

(6) The Administrator shall by regulation pro-vide that any person awarded a scholarship under this section shall agree in writing to enter and remain in an occupation involving the de-sign, operation, or maintenance of treatment works for such period after completion of his course of studies as the Administrator deter-mines appropriate.


§ 1262. Definitions and authorizations

(a) As used in sections 1259 through 1262 of this title—


(1) The term ‘‘institution of higher education’’ means an educational institution described in the first sentence of section 1001 of title 20 (other than an institution of any agency of the United States) which is accredited by a nation-ally recognized accrediting agency or associa-tion approved by the Administrator for this pur-pose. For purposes of this subsection, the Ad-ministrator shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of training offered.

(2) The term ‘‘academic year’’ means an aca-demic year or its equivalent, as determined by the Administrator.

(b) The Administrator shall annually report his activities under sections 1259 through 1262 of this title, including recommendations for needed revisions in the provisions thereof.

(c) There are authorized to be appropriated $25,000,000 per fiscal year for the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975, $6,000,000 for the fiscal year ending Septem-ber 30, 1977, $7,000,000 for the fiscal year ending September 30, 1978, $7,000,000 for the fiscal year ending September 30, 1979, $7,000,000 for the fis-cal year ending September 30, 1980, $7,000,000 for the fiscal year ending September 30, 1981, $7,000,000 for the fiscal year ending September 30, 1982, such sums as may be necessary for fiscal years 1983 through 1985, and $7,000,000 per fiscal year for each of the fiscal years 1986 through 1990, to carry out sections 1259 through 1262 of this title.

(June 30, 1948, ch. 758, title I, § 112, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 832; amended Pub. L. 93–592, § 4, Jan. 2, 1975, 88 Stat. 1925; Pub. L. 95–217, § 4(d), Dec. 27, 1977, 91 Stat. 1566; Pub. L. 96–483, § 1(c), Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100–4, title I, § 101(c), Feb. 4, 1987, 101 Stat. 9; Pub. L. 105–244, title I, § 102(a)(11), Oct. 7, 1998, 112 Stat. 1620.)

AMENDMENTS

1998—Subsec. (a)(1). Pub. L. 105–244 substituted ‘‘sec-tion 1001’’ for ‘‘section 1141’’.

1987—Subsec. (c). Pub. L. 100–4 struck out ‘‘and’’ after ‘‘1981,’’ and inserted ‘‘such sums as may be necessary for fiscal years 1983 through 1985, and $7,000,000 per fis-cal year for each of the fiscal years 1986 through 1990,’’ after ‘‘1982,’’.

1980—Subsec. (c). Pub. L. 96–483 inserted authoriza-tion of the sum of $7,000,000 for each of fiscal years end-ing Sept. 30, 1981 and 1982.

1977—Subsec. (c). Pub. L. 95–217 substituted ‘‘June 30, 1975, $6,000,000 for the fiscal year ending September 30, 1977, $7,000,000 for the fiscal year ending September 30, 1978, $7,000,000 for the fiscal year ending September 30, 1979, and $7,000,000 for the fiscal year ending September 30, 1980,’’ for ‘‘June 30, 1975,’’.

1975—Subsec. (c). Pub. L. 93–592 substituted ‘‘June 30, 1974, and June 30, 1975,’’ for ‘‘and June 30, 1974,’’.


Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec-tion 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.

§ 1263. Alaska village demonstration projects

(a) Central community facilities for safe water; elimination or control of pollution

The Administrator is authorized to enter into agreements with the State of Alaska to carry

out one or more projects to demonstrate meth-ods to provide for central community facilities for safe water and eliminate or control of pollu-tion in those native villages of Alaska without such facilities. Such project shall include provi-sions for community safe water supply systems, toilets, bathing and laundry facilities, sewage disposal facilities, and other similar facilities, and educational and informational facilities and programs relating to health and hygiene. Such demonstration projects shall be for the further purpose of developing preliminary plans for pro-viding such safe water and such elimination or control of pollution for all native villages in such State.

(b) Utilization of personnel and facilities of De-partment of Health and Human Services

In carrying out this section the Administrator shall cooperate with the Secretary of Health and Human Services for the purpose of utilizing such of the personnel and facilities of that Depart-ment as may be appropriate.

(c) Omitted

(d) Authorization of appropriations

There is authorized to be appropriated not to exceed $2,000,000 to carry out this section. In ad-dition, there is authorized to be appropriated to carry out this section not to exceed $200,000 for the fiscal year ending September 30, 1978, and $220,000 for the fiscal year ending September 30, 1979.

(e) Study to develop comprehensive program for achieving sanitation services; report to Con-gress

The Administrator is authorized to coordinate with the Secretary of the Department of Health and Human Services, the Secretary of the De-partment of Housing and Urban Development, the Secretary of the Department of the Interior, the Secretary of the Department of Agriculture, and the heads of any other departments or agen-cies he may deem appropriate to conduct a joint study with representatives of the State of Alas-ka and the appropriate Native organizations (as defined in Public Law 92–203) to develop a com-prehensive program for achieving adequate sani-tation services in Alaska villages. This study shall be coordinated with the programs and projects authorized by sections 1254(q) and 1255(e)(2) of this title. The Administrator shall submit a report of the results of the study, to-gether with appropriate supporting data and such recommendations as he deems desirable, to the Committee on Environment and Public Works of the Senate and to the Committee on Public Works and Transportation of the House of Representatives not later than December 31, 1979. The Administrator shall also submit rec-ommended administrative actions, procedures, and any proposed legislation necessary to imple-ment the recommendations of the study no later than June 30, 1980.

(f) Technical, financial, and management assist-ance

The Administrator is authorized to provide technical, financial and management assistance for operation and maintenance of the dem-onstration projects constructed under this sec-


1 So in original. Probably should be ‘‘section’’.

tion, until such time as the recommendations of subsection (e) are implemented.

(g) ‘‘Village’’ and ‘‘sanitation services’’ defined

For the purpose of this section, the term ‘‘vil-lage’’ shall mean an incorporated or unincor-porated community with a population of ten to six hundred people living within a two-mile ra-dius. The term ‘‘sanitation services’’ shall mean water supply, sewage disposal, solid waste dis-posal and other services necessary to maintain generally accepted standards of personal hy-giene and public health.

(June 30, 1948, ch. 758, title I, § 113, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 832; amended Pub. L. 95–217, § 11, Dec. 27, 1977, 91 Stat. 1568; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)

REFERENCES IN TEXT

Public Law 92–203, referred to in subsec. (e), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, known as the Alaska Native Claims Settlement Act, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under sec-tion 1601 of Title 43 and Tables.

CODIFICATION

Subsec. (c) authorized the Administrator to report to Congress the results of the demonstration project ac-companied by his recommendations for the establish-ment of a statewide project not later than July 1, 1973.

AMENDMENTS

1977—Subsec. (d). Pub. L. 95–217, § 11(b), authorized ad-ditional appropriations of not to exceed $200,000 for the fiscal year ending Sept. 30, 1978, and $220,000, for the fis-cal year ending Sept. 30, 1979, to carry out this section.

Subsecs. (e) to (g). Pub. L. 95–217, § 11(a), added sub-secs. (e), (f), and (g).

CHANGE OF NAME

‘‘Secretary of Health and Human Services’’ sub-stituted for ‘‘Secretary of Health, Education, and Wel-fare’’ in subsec. (b), and ‘‘Secretary of the Department of Health and Human Services’’ substituted for ‘‘Sec-retary of the Department of Health, Education, and Welfare’’ in subsec. (e), pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.

Committee on Public Works and Transportation of House of Representatives treated as referring to Com-mittee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Con-gress.

CORPS CAPABILITY STUDY, ALASKA

Pub. L. 104–303, title IV, § 401, Oct. 12, 1996, 110 Stat. 3740, provided that: ‘‘Not later than 18 months after the date of the enactment of this Act [Oct. 12, 1996], the Secretary shall report to Congress on the advisability and capability of the Corps of Engineers to implement rural sanitation projects for rural and Native villages in Alaska.’’

§ 1263a. Grants to Alaska to improve sanitation in rural and Native villages

(a) In general

The Administrator of the Environmental Pro-tection Agency may make grants to the State of Alaska for the benefit of rural and Native vil-lages in Alaska to pay the Federal share of the cost of—

(1) the development and construction of pub-lic water systems and wastewater systems to improve the health and sanitation conditions in the villages; and

(2) training, technical assistance, and edu-cational programs relating to the operation and management of sanitation services in rural and Native villages.

(b) Federal share

The Federal share of the cost of the activities described in subsection (a) shall be 50 percent.

(c) Administrative expenses

The State of Alaska may use an amount not to exceed 4 percent of any grant made available under this subsection 1 for administrative ex-penses necessary to carry out the activities de-scribed in subsection (a).

(d) Consultation with State of Alaska

The Administrator shall consult with the State of Alaska on a method of prioritizing the allocation of grants under subsection (a) accord-ing to the needs of, and relative health and sani-tation conditions in, each eligible village.


There are authorized to be appropriated to carry out this section $40,000,000 for each of fis-cal years 2001 through 2005.

(Pub. L. 104–182, title III, § 303, Aug. 6, 1996, 110 Stat. 1683; Pub. L. 106–457, title IX, § 903, Nov. 7, 2000, 114 Stat. 1982.)

CODIFICATION

Section was enacted as part of the Safe Drinking Water Act Amendments of 1996, and not as part of the Federal Water Pollution Control Act which comprises this chapter.

AMENDMENTS

2000—Subsec. (e). Pub. L. 106–457 substituted ‘‘to carry out this section $40,000,000 for each of fiscal years 2001 through 2005’’ for ‘‘$15,000,000 for each of the fiscal years 1997 through 2000 to carry out this section’’.

§ 1264. Omitted

CODIFICATION

Section, act June 30, 1948, ch. 758, title I, § 114, as added Oct. 18, 1972, Pub. L. 92–500, § 2, 86 Stat. 833, au-thorized the Administrator, in consultation with the Tahoe Regional Planning Agency, the Secretary of Ag-riculture, other Federal agencies, representatives of State and local governments, and members of the pub-lic, to conduct a thorough and complete study on the need of extending Federal oversight and control in order to preserve the fragile ecology of Lake Tahoe and to report the results of this study to Congress not later than one year after Oct. 18, 1972.

§ 1265. In-place toxic pollutants

The Administrator is directed to identify the location of in-place pollutants with emphasis on toxic pollutants in harbors and navigable water-ways and is authorized, acting through the Sec-retary of the Army, to make contracts for the removal and appropriate disposal of such mate-rials from critical port and harbor areas. There is authorized to be appropriated $15,000,000 to carry out the provisions of this section, which sum shall be available until expended.



§ 1266. Hudson River reclamation demonstration project

(a) The Administrator is authorized to enter into contracts and other agreements with the State of New York to carry out a project to demonstrate methods for the selective removal of polychlorinated biphenyls contaminating bot-tom sediments of the Hudson River, treating such sediments as required, burying such sedi-ments in secure landfills, and installing mon-itoring systems for such landfills. Such dem-onstration project shall be for the purpose of de-termining the feasibility of indefinite storage in secure landfills of toxic substances and of ascer-taining the improvement of the rate of recovery of a toxic contaminated national waterway. No pollutants removed pursuant to this paragraph shall be placed in any landfill unless the Admin-istrator first determines that disposal of the pollutants in such landfill would provide a high-er standard of protection of the public health, safety, and welfare than disposal of such pollut-ants by any other method including, but not limited to, incineration or a chemical destruc-tion process.

(b) The Administrator is authorized to make grants to the State of New York to carry out this section from funds allotted to such State under section 1285(a) of this title, except that the amount of any such grant shall be equal to 75 per centum of the cost of the project and such grant shall be made on condition that non-Fed-eral sources provide the remainder of the cost of such project. The authority of this section shall be available until September 30, 1983. Funds al-lotted to the State of New York under section 1285(a) of this title shall be available under this subsection only to the extent that funds are not available, as determined by the Administrator, to the State of New York for the work author-ized by this section under section 1265 or 1321 of this title or a comprehensive hazardous sub-stance response and clean up fund. Any funds used under the authority of this subsection shall be deducted from any estimate of the needs of the State of New York prepared under section 1375(b) of this title. The Administrator may not obligate or expend more than $20,000,000 to carry out this section.

(June 30, 1948, ch. 758, title I, § 116, as added Pub. L. 96–483, § 10, Oct. 21, 1980, 94 Stat. 2363; amended Pub. L. 105–362, title V, § 501(d)(2)(B), Nov. 10, 1998, 112 Stat. 3284; Pub. L. 107–303, title III, § 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)

AMENDMENTS

2002—Subsec. (b). Pub. L. 107–303 repealed Pub. L. 105–362, § 501(d)(2)(B). See 1998 Amendment note below.

1998—Subsec. (b). Pub. L. 105–362, § 501(d)(2)(B), which directed the substitution of ‘‘section 1375 of this title’’ for ‘‘section 1375(b) of this title’’ in penultimate sen-tence, was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below.


Amendment by Pub. L. 107–303 effective Nov. 10, 1998, and Federal Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and administered on and after Nov. 27,

2002, as if amendments made by section 501(a)–(d) of 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 of this title.

§ 1267. Chesapeake Bay

(a) Definitions

In this section, the following definitions apply:

(1) Administrative cost

The term ‘‘administrative cost’’ means the cost of salaries and fringe benefits incurred in administering a grant under this section.

(2) Chesapeake Bay Agreement

The term ‘‘Chesapeake Bay Agreement’’ means the formal, voluntary agreements exe-cuted to achieve the goal of restoring and pro-tecting the Chesapeake Bay ecosystem and the living resources of the Chesapeake Bay eco-system and signed by the Chesapeake Execu-tive Council.

(3) Chesapeake Bay ecosystem

The term ‘‘Chesapeake Bay ecosystem’’ means the ecosystem of the Chesapeake Bay and its watershed.

(4) Chesapeake Bay Program

The term ‘‘Chesapeake Bay Program’’ means the program directed by the Chesapeake Exec-utive Council in accordance with the Chesa-peake Bay Agreement.

(5) Chesapeake Executive Council

The term ‘‘Chesapeake Executive Council’’ means the signatories to the Chesapeake Bay Agreement.

(6) Signatory jurisdiction

The term ‘‘signatory jurisdiction’’ means a jurisdiction of a signatory to the Chesapeake Bay Agreement.

(b) Continuation of Chesapeake Bay Program

(1) In general

In cooperation with the Chesapeake Execu-tive Council (and as a member of the Council), the Administrator shall continue the Chesa-peake Bay Program.

(2) Program Office

(A) In general

The Administrator shall maintain in the Environmental Protection Agency a Chesa-peake Bay Program Office.

(B) Function

The Chesapeake Bay Program Office shall provide support to the Chesapeake Executive Council by—

(i) implementing and coordinating science, research, modeling, support serv-ices, monitoring, data collection, and other activities that support the Chesa-peake Bay Program;

(ii) developing and making available, through publications, technical assistance, and other appropriate means, information pertaining to the environmental quality and living resources of the Chesapeake Bay ecosystem;


(iii) in cooperation with appropriate Fed-eral, State, and local authorities, assisting the signatories to the Chesapeake Bay Agreement in developing and implement-ing specific action plans to carry out the responsibilities of the signatories to the Chesapeake Bay Agreement;

(iv) coordinating the actions of the Envi-ronmental Protection Agency with the ac-tions of the appropriate officials of other Federal agencies and State and local au-thorities in developing strategies to—

(I) improve the water quality and liv-ing resources in the Chesapeake Bay eco-system; and

(II) obtain the support of the appro-priate officials of the agencies and au-thorities in achieving the objectives of the Chesapeake Bay Agreement; and

(v) implementing outreach programs for public information, education, and partici-pation to foster stewardship of the re-sources of the Chesapeake Bay.

(c) Interagency agreements

The Administrator may enter into an inter-agency agreement with a Federal agency to carry out this section.

(d) Technical assistance and assistance grants

(1) In general

In cooperation with the Chesapeake Execu-tive Council, the Administrator may provide technical assistance, and assistance grants, to nonprofit organizations, State and local gov-ernments, colleges, universities, and inter-state agencies to carry out this section, sub-ject to such terms and conditions as the Ad-ministrator considers appropriate.

(2) Federal share

(A) In general

Except as provided in subparagraph (B), the Federal share of an assistance grant pro-vided under paragraph (1) shall be deter-mined by the Administrator in accordance with guidance issued by the Administrator.

(B) Small watershed grants program

The Federal share of an assistance grant provided under paragraph (1) to carry out an implementing activity under subsection (g)(2) shall not exceed 75 percent of eligible project costs, as determined by the Adminis-trator.

(3) Non-Federal share

An assistance grant under paragraph (1) shall be provided on the condition that non- Federal sources provide the remainder of eligi-ble project costs, as determined by the Admin-istrator.

(4) Administrative costs

Administrative costs shall not exceed 10 per-cent of the annual grant award.

(e) Implementation and monitoring grants

(1) In general

If a signatory jurisdiction has approved and committed to implement all or substantially all aspects of the Chesapeake Bay Agreement,

on the request of the chief executive of the ju-risdiction, the Administrator—

(A) shall make a grant to the jurisdiction for the purpose of implementing the man-agement mechanisms established under the Chesapeake Bay Agreement, subject to such terms and conditions as the Administrator considers appropriate; and

(B) may make a grant to a signatory juris-diction for the purpose of monitoring the Chesapeake Bay ecosystem.

(2) Proposals

(A) In general

A signatory jurisdiction described in para-graph (1) may apply for a grant under this subsection for a fiscal year by submitting to the Administrator a comprehensive proposal to implement management mechanisms es-tablished under the Chesapeake Bay Agree-ment.

(B) Contents

A proposal under subparagraph (A) shall include—

(i) a description of proposed management mechanisms that the jurisdiction commits to take within a specified time period, such as reducing or preventing pollution in the Chesapeake Bay and its watershed or meeting applicable water quality stand-ards or established goals and objectives under the Chesapeake Bay Agreement; and

(ii) the estimated cost of the actions pro-posed to be taken during the fiscal year.

(3) Approval

If the Administrator finds that the proposal is consistent with the Chesapeake Bay Agree-ment and the national goals established under section 1251(a) of this title, the Administrator may approve the proposal for an award.

(4) Federal share

The Federal share of a grant under this sub-section shall not exceed 50 percent of the cost of implementing the management mechanisms during the fiscal year.

(5) Non-Federal share

A grant under this subsection shall be made on the condition that non-Federal sources pro-vide the remainder of the costs of implement-ing the management mechanisms during the fiscal year.

(6) Administrative costs

Administrative costs shall not exceed 10 per-cent of the annual grant award.

(7) Reporting

On or before October 1 of each fiscal year, the Administrator shall make available to the public a document that lists and describes, in the greatest practicable degree of detail—

(A) all projects and activities funded for the fiscal year;

(B) the goals and objectives of projects funded for the previous fiscal year; and

(C) the net benefits of projects funded for previous fiscal years.

(f) Federal facilities and budget coordination

(1) Subwatershed planning and restoration

A Federal agency that owns or operates a fa-cility (as defined by the Administrator) within


the Chesapeake Bay watershed shall partici-pate in regional and subwatershed planning and restoration programs.

(2) Compliance with agreement

The head of each Federal agency that owns or occupies real property in the Chesapeake Bay watershed shall ensure that the property, and actions taken by the agency with respect to the property, comply with the Chesapeake Bay Agreement, the Federal Agencies Chesa-peake Ecosystem Unified Plan, and any subse-quent agreements and plans.

(3) Budget coordination

(A) In general

As part of the annual budget submission of each Federal agency with projects or grants related to restoration, planning, monitoring, or scientific investigation of the Chesapeake Bay ecosystem, the head of the agency shall submit to the President a report that de-scribes plans for the expenditure of the funds under this section.

(B) Disclosure to the Council

The head of each agency referred to in sub-paragraph (A) shall disclose the report under that subparagraph with the Chesapeake Ex-ecutive Council as appropriate.

(g) Chesapeake Bay Program

(1) Management strategies

The Administrator, in coordination with other members of the Chesapeake Executive Council, shall ensure that management plans are developed and implementation is begun by signatories to the Chesapeake Bay Agreement to achieve and maintain—

(A) the nutrient goals of the Chesapeake Bay Agreement for the quantity of nitrogen and phosphorus entering the Chesapeake Bay and its watershed;

(B) the water quality requirements nec-essary to restore living resources in the Chesapeake Bay ecosystem;

(C) the Chesapeake Bay Basinwide Toxins Reduction and Prevention Strategy goal of reducing or eliminating the input of chemi-cal contaminants from all controllable sources to levels that result in no toxic or bioaccumulative impact on the living re-sources of the Chesapeake Bay ecosystem or on human health;

(D) habitat restoration, protection, cre-ation, and enhancement goals established by Chesapeake Bay Agreement signatories for wetlands, riparian forests, and other types of habitat associated with the Chesapeake Bay ecosystem; and

(E) the restoration, protection, creation, and enhancement goals established by the Chesapeake Bay Agreement signatories for living resources associated with the Chesa-peake Bay ecosystem.

(2) Small watershed grants program

The Administrator, in cooperation with the Chesapeake Executive Council, shall—

(A) establish a small watershed grants pro-gram as part of the Chesapeake Bay Pro-gram; and

(B) offer technical assistance and assist-ance grants under subsection (d) to local governments and nonprofit organizations and individuals in the Chesapeake Bay re-gion to implement—

(i) cooperative tributary basin strategies that address the water quality and living resource needs in the Chesapeake Bay eco-system; and

(ii) locally based protection and restora-tion programs or projects within a water-shed that complement the tributary basin strategies, including the creation, restora-tion, protection, or enhancement of habi-tat associated with the Chesapeake Bay ecosystem.

(h) Study of Chesapeake Bay Program

(1) In general

Not later than April 22, 2003, and every 5 years thereafter, the Administrator, in coordi-nation with the Chesapeake Executive Coun-cil, shall complete a study and submit to Con-gress a comprehensive report on the results of the study.

(2) Requirements

The study and report shall— (A) assess the state of the Chesapeake Bay

ecosystem; (B) compare the current state of the

Chesapeake Bay ecosystem with its state in 1975, 1985, and 1995;

(C) assess the effectiveness of management strategies being implemented on November 7, 2000, and the extent to which the priority needs are being met;

(D) make recommendations for the im-proved management of the Chesapeake Bay Program either by strengthening strategies being implemented on November 7, 2000, or by adopting new strategies; and

(E) be presented in such a format as to be readily transferable to and usable by other watershed restoration programs.

(i) Special study of living resource response

(1) In general

Not later than 180 days after November 7, 2000, the Administrator shall commence a 5- year special study with full participation of the scientific community of the Chesapeake Bay to establish and expand understanding of the response of the living resources of the Chesapeake Bay ecosystem to improvements in water quality that have resulted from in-vestments made through the Chesapeake Bay Program.

(2) Requirements

The study shall— (A) determine the current status and

trends of living resources, including grasses, benthos, phytoplankton, zooplankton, fish, and shellfish;

(B) establish to the extent practicable the rates of recovery of the living resources in response to improved water quality condi-tion;

(C) evaluate and assess interactions of spe-cies, with particular attention to the impact of changes within and among trophic levels; and


(D) recommend management actions to op-timize the return of a healthy and balanced ecosystem in response to improvements in the quality and character of the waters of the Chesapeake Bay.

(3) Annual survey

The Administrator shall carry out an annual survey of sea grasses in the Chesapeake Bay.

(j) Authorization of appropriations

There is authorized to be appropriated to carry out this section $40,000,000 for each of fis-cal years 2001 through 2005. Such sums shall re-main available until expended.

(June 30, 1948, ch. 758, title I, § 117, as added Pub. L. 100–4, title I, § 103, Feb. 4, 1987, 101 Stat. 10; amended Pub. L. 106–457, title II, § 203, Nov. 7, 2000, 114 Stat. 1967; Pub. L. 114–322, title IV, § 5007, Dec. 16, 2016, 130 Stat. 1896.)

CODIFICATION

November 7, 2000, referred to in subsecs. (h)(2)(C), (D), and (i)(1), was in the original ‘‘the date of enactment of this section’’, which was translated as meaning the date of enactment of Pub. L. 106–457, which amended this section generally, to reflect the probable intent of Congress.

AMENDMENTS

2016—Subsec. (i)(3). Pub. L. 114–322 added par. (3). 2000—Pub. L. 106–457 amended section generally, sub-

stituting subsecs. (a) to (j) for former subsecs. (a) to (d), which related to continuation of the Chesapeake Bay Program and establishment and maintenance in the Environmental Protection Agency of an office, divi-sion, or branch of Chesapeake Bay Programs, interstate development plan grants, progress reports from grant recipient States, and authorization of appropriations.

CHESAPEAKE BAY ACCOUNTABILITY AND RECOVERY

Pub. L. 113–273, Dec. 18, 2014, 128 Stat. 2967, provided that:

‘‘SECTION 1. SHORT TITLE.

‘‘This Act may be cited as the ‘Chesapeake Bay Ac-countability and Recovery Act of 2014’.

‘‘SEC. 2. DEFINITIONS.

‘‘In this Act: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’

means the Administrator of the Environmental Pro-tection Agency.

‘‘(2) CHESAPEAKE BAY STATE.—The term ‘Chesapeake Bay State’ or ‘State’ means any of—

‘‘(A) the States of Maryland, West Virginia, Dela-ware, and New York;

‘‘(B) the Commonwealths of Virginia and Penn-sylvania; and

‘‘(C) the District of Columbia. ‘‘(3) CHESAPEAKE BAY WATERSHED.—The term

‘Chesapeake Bay watershed’ means all tributaries, backwaters, and side channels, including watersheds, draining into the Chesapeake Bay.

‘‘(4) CHESAPEAKE EXECUTIVE COUNCIL.—The term ‘Chesapeake Executive Council’ has the meaning given the term by section 117(a) of the Federal Water Pollution Control Act (33 U.S.C. 1267(a)).

‘‘(5) CHIEF EXECUTIVE.—The term ‘chief executive’ means, in the case of a State or Commonwealth, the Governor of the State or Commonwealth and, in the case of the District of Columbia, the Mayor of the District of Columbia.

‘‘(6) DIRECTOR.—The term ‘Director’ means the Di-rector of the Office of Management and Budget.

‘‘(7) FEDERAL RESTORATION ACTIVITY.— ‘‘(A) IN GENERAL.—The term ‘Federal restoration

activity’ means a Federal program or project car-

ried out under Federal authority in existence as of the date of enactment of this Act [Dec. 18, 2014] with the express intent to directly protect, con-serve, or restore living resources, habitat, water re-sources, or water quality in the Chesapeake Bay watershed, including programs or projects that pro-vide financial and technical assistance to promote responsible land use, stewardship, and community engagement in the Chesapeake Bay watershed.

‘‘(B) CATEGORIZATION.—Federal restoration activi-ties may be categorized as follows:

‘‘(i) Physical restoration. ‘‘(ii) Planning. ‘‘(iii) Feasibility studies. ‘‘(iv) Scientific research. ‘‘(v) Monitoring. ‘‘(vi) Education. ‘‘(vii) Infrastructure development.

‘‘(8) STATE RESTORATION ACTIVITY.— ‘‘(A) IN GENERAL.—The term ‘State restoration

activity’ means any State program or project car-ried out under State authority that directly or in-directly protect[s], conserve[s], or restore[s] living resources, habitat, water resources, or water qual-ity in the Chesapeake Bay watershed, including programs or projects that promote responsible land use, stewardship, and community engagement in the Chesapeake Bay watershed.

‘‘(B) CATEGORIZATION.—State restoration activi-ties may be categorized as follows:

‘‘(i) Physical restoration. ‘‘(ii) Planning. ‘‘(iii) Feasibility studies. ‘‘(iv) Scientific research. ‘‘(v) Monitoring. ‘‘(vi) Education. ‘‘(vii) Infrastructure development.

‘‘SEC. 3. CHESAPEAKE BAY CROSSCUT BUDGET.

‘‘(a) IN GENERAL.—The Director, in consultation with the Chesapeake Executive Council, the chief executive of each Chesapeake Bay State, and the Chesapeake Bay Commission, shall submit to Congress a financial re-port containing—

‘‘(1) an interagency crosscut budget that displays, as applicable—

‘‘(A) the proposed funding for any Federal res-toration activity to be carried out in the succeed-ing fiscal year, including any planned interagency or intra-agency transfer, for each of the Federal agencies that carry out restoration activities;

‘‘(B) to the extent that information is available, the estimated funding for any State restoration ac-tivity to be carried out in the succeeding fiscal year;

‘‘(C) all expenditures for Federal restoration ac-tivities from the preceding 2 fiscal years, the cur-rent fiscal year, and the succeeding fiscal year;

‘‘(D) all expenditures, to the extent that informa-tion is available, for State restoration activities during the equivalent time period described in sub-paragraph (C); and

‘‘(E) a section that identifies and evaluates, based on need and appropriateness, specific opportunities to consolidate similar programs and activities within the budget and recommendations to Con-gress for legislative action to streamline, consoli-date, or eliminate similar programs and activities within the budget; ‘‘(2) a detailed accounting of all funds received and

obligated by each Federal agency for restoration ac-tivities during the current and preceding fiscal years, including the identification of funds that were trans-ferred to a Chesapeake Bay State for restoration ac-tivities;

‘‘(3) to the extent that information is available, a detailed accounting from each State of all funds re-ceived and obligated from a Federal agency for res-toration activities during the current and preceding fiscal years; and


‘‘(4) a description of each of the proposed Federal and State restoration activities to be carried out in the succeeding fiscal year (corresponding to those ac-tivities listed in subparagraphs (A) and (B) of para-graph (1)), including—

‘‘(A) the project description; ‘‘(B) the current status of the project; ‘‘(C) the Federal or State statutory or regulatory

authority, program, or responsible agency; ‘‘(D) the authorization level for appropriations; ‘‘(E) the project timeline, including benchmarks; ‘‘(F) references to project documents; ‘‘(G) descriptions of risks and uncertainties of

project implementation; ‘‘(H) a list of coordinating entities; ‘‘(I) a description of the funding history for the

project; ‘‘(J) cost sharing; and ‘‘(K) alignment with the existing Chesapeake Bay

Agreement, Chesapeake Executive Council goals and priorities, and Annual Action Plan required by section 205 of Executive Order 13508 (33 U.S.C. 1267 note; relating to Chesapeake Bay protection and restoration).

‘‘(b) MINIMUM FUNDING LEVELS.—In describing res-toration activities in the report required under sub-section (a), the Director shall only include—

‘‘(1) for the first 3 years that the report is required, descriptions of—

‘‘(A) Federal restoration activities that have funding amounts greater than or equal to $300,000; and

‘‘(B) State restoration activities that have fund-ing amounts greater than or equal to $300,000; and ‘‘(2) for every year thereafter, descriptions of—

‘‘(A) Federal restoration activities that have funding amounts greater than or equal to $100,000; and

‘‘(B) State restoration activities that have fund-ing amounts greater than or equal to $100,000.

‘‘(c) DEADLINE.—The Director shall submit to Con-gress the report required by subsection (a) not later than September 30 of each year.

‘‘(d) REPORT.—Copies of the report required by sub-section (a) shall be submitted to the Committees on Appropriations, Natural Resources, Energy and Com-merce, and Transportation and Infrastructure of the House of Representatives and the Committees on Ap-propriations, Environment and Public Works, and Com-merce, Science, and Transportation of the Senate.

‘‘(e) EFFECTIVE DATE.—This section shall apply begin-ning with the first fiscal year after the date of enact-ment of this Act [Dec. 18, 2014].

‘‘SEC. 4. INDEPENDENT EVALUATOR FOR THE CHESAPEAKE BAY PROGRAM.

‘‘(a) IN GENERAL.—There shall be an Independent Evaluator for restoration activities in the Chesapeake Bay watershed, who shall review and report on—

‘‘(1) restoration activities; and ‘‘(2) any related topics that are suggested by the

Chesapeake Executive Council. ‘‘(b) APPOINTMENT.—

‘‘(1) IN GENERAL.—Not later than 30 days after the date of submission of nominees by the Chesapeake Executive Council, the Independent Evaluator shall be appointed by the Administrator from among nomi-nees submitted by the Chesapeake Executive Council with the consultation of the scientific community.

‘‘(2) NOMINATIONS.—The Chesapeake Executive Council may nominate for consideration as Independ-ent Evaluator a science-based institution of higher education.

‘‘(3) REQUIREMENTS.—The Administrator shall only select as Independent Evaluator a nominee that the Administrator determines demonstrates excellence in marine science, policy evaluation, or other studies relating to complex environmental restoration ac-tivities. ‘‘(c) REPORTS.—Not later than 180 days after the date

of appointment and once every 2 years thereafter, the

Independent Evaluator shall submit to Congress a re-port describing the findings and recommendations of reviews conducted under subsection (a).

‘‘SEC. 5. PROHIBITION ON NEW FUNDING.

‘‘No additional funds are authorized to be appro-priated to carry out this Act.’’

FINDINGS AND PURPOSES

Pub. L. 106–457, title II, § 202, Nov. 7, 2000, 114 Stat. 1967, provided that:

‘‘(a) FINDINGS.—Congress finds that— ‘‘(1) the Chesapeake Bay is a national treasure and

a resource of worldwide significance; ‘‘(2) over many years, the productivity and water

quality of the Chesapeake Bay and its watershed were diminished by pollution, excessive sedimentation, shoreline erosion, the impacts of population growth and development in the Chesapeake Bay watershed, and other factors;

‘‘(3) the Federal Government (acting through the Administrator of the Environmental Protection Agency), the Governor of the State of Maryland, the Governor of the Commonwealth of Virginia, the Gov-ernor of the Commonwealth of Pennsylvania, the Chairperson of the Chesapeake Bay Commission, and the mayor of the District of Columbia, as Chesapeake Bay Agreement signatories, have committed to a comprehensive cooperative program to achieve im-proved water quality and improvements in the pro-ductivity of living resources of the Bay;

‘‘(4) the cooperative program described in para-graph (3) serves as a national and international model for the management of estuaries; and

‘‘(5) there is a need to expand Federal support for monitoring, management, and restoration activities in the Chesapeake Bay and the tributaries of the Bay in order to meet and further the original and subse-quent goals and commitments of the Chesapeake Bay Program. ‘‘(b) PURPOSES.—The purposes of this title [amending

this section and enacting provisions set out as a note under section 1251 of this title] are—

‘‘(1) to expand and strengthen cooperative efforts to restore and protect the Chesapeake Bay; and

‘‘(2) to achieve the goals established in the Chesa-peake Bay Agreement.’’

NUTRIENT LOADING RESULTING FROM DREDGED MATERIAL DISPOSAL

Pub. L. 106–53, title IV, § 457, Aug. 17, 1999, 113 Stat. 332, provided that:

‘‘(a) STUDY.—The Secretary shall conduct a study of nutrient loading that occurs as a result of discharges of dredged material into open-water sites in the Chesa-peake Bay.

‘‘(b) REPORT.—Not later than 18 months after the date of enactment of this Act [Aug. 17, 1999], the Secretary shall submit to Congress a report on the results of the study.’’

EX. ORD. NO. 13508. CHESAPEAKE BAY PROTECTION AND RESTORATION

Ex. Ord. No. 13508, May 12, 2009, 74 F.R. 23099, pro-vided:

By the authority vested in me as President by the Constitution and the laws of the United States of America and in furtherance of the purposes of the Clean Water Act of 1972, as amended (33 U.S.C. 1251 et

seq.), and other laws, and to protect and restore the health, heritage, natural resources, and social and eco-nomic value of the Nation’s largest estuarine eco-system and the natural sustainability of its watershed, it is hereby ordered as follows:

PART 1—PREAMBLE

The Chesapeake Bay is a national treasure constitut-ing the largest estuary in the United States and one of the largest and most biologically productive estuaries


in the world. The Federal Government has nationally significant assets in the Chesapeake Bay and its water-shed in the form of public lands, facilities, military in-stallations, parks, forests, wildlife refuges, monuments, and museums.

Despite significant efforts by Federal, State, and local governments and other interested parties, water pollution in the Chesapeake Bay prevents the attain-ment of existing State water quality standards and the ‘‘fishable and swimmable’’ goals of the Clean Water Act. At the current level and scope of pollution control within the Chesapeake Bay’s watershed, restoration of the Chesapeake Bay is not expected for many years. The pollutants that are largely responsible for pollu-tion of the Chesapeake Bay are nutrients, in the form of nitrogen and phosphorus, and sediment. These pol-lutants come from many sources, including sewage treatment plants, city streets, development sites, agri-cultural operations, and deposition from the air onto the waters of the Chesapeake Bay and the lands of the watershed.

Restoration of the health of the Chesapeake Bay will require a renewed commitment to controlling pollution from all sources as well as protecting and restoring habitat and living resources, conserving lands, and im-proving management of natural resources, all of which contribute to improved water quality and ecosystem health. The Federal Government should lead this ef-fort. Executive departments and agencies (agencies), working in collaboration, can use their expertise and resources to contribute significantly to improving the health of the Chesapeake Bay. Progress in restoring the Chesapeake Bay also will depend on the support of State and local governments, the enterprise of the pri-vate sector, and the stewardship provided to the Chesa-peake Bay by all the people who make this region their home.

PART 2—SHARED FEDERAL LEADERSHIP, PLANNING, AND ACCOUNTABILITY

SEC. 201. Federal Leadership Committee. In order to begin a new era of shared Federal leadership with re-spect to the protection and restoration of the Chesa-peake Bay, a Federal Leadership Committee (Commit-tee) for the Chesapeake Bay is established to oversee the development and coordination of programs and ac-tivities, including data management and reporting, of agencies participating in protection and restoration of the Chesapeake Bay. The Committee shall manage the development of strategies and program plans for the watershed and ecosystem of the Chesapeake Bay and oversee their implementation. The Committee shall be chaired by the Administrator of the Environmental Protection Agency (EPA), or the Administrator’s des-ignee, and include senior representatives of the Depart-ments of Agriculture (USDA), Commerce (DOC), De-fense (DOD), Homeland Security (DHS), the Interior (DOI), Transportation (DOT), and such other agencies as determined by the Committee. Representatives serv-ing on the Committee shall be officers of the United States.

SEC. 202. Reports on Key Challenges to Protecting and

Restoring the Chesapeake Bay. Within 120 days from the date of this order, the agencies identified in this sec-tion as the lead agencies shall prepare and submit draft reports to the Committee making recommendations for accomplishing the following steps to protect and re-store the Chesapeake Bay:

(a) define the next generation of tools and actions to restore water quality in the Chesapeake Bay and de-scribe the changes to be made to regulations, programs, and policies to implement these actions;

(b) target resources to better protect the Chesapeake Bay and its tributary waters, including resources under the Food Security Act of 1985 as amended, the Clean Water Act, and other laws;

(c) strengthen storm water management practices at Federal facilities and on Federal lands within the Chesapeake Bay watershed and develop storm water best practices guidance;

(d) assess the impacts of a changing climate on the Chesapeake Bay and develop a strategy for adapting natural resource programs and public infrastructure to the impacts of a changing climate on water quality and living resources of the Chesapeake Bay watershed;

(e) expand public access to waters and open spaces of the Chesapeake Bay and its tributaries from Federal lands and conserve landscapes and ecosystems of the Chesapeake Bay watershed;

(f) strengthen scientific support for decisionmaking to restore the Chesapeake Bay and its watershed, in-cluding expanded environmental research and monitor-ing and observing systems; and

(g) develop focused and coordinated habitat and re-search activities that protect and restore living re-sources and water quality of the Chesapeake Bay and its watershed.

The EPA shall be the lead agency for subsection (a) of this section and the development of the storm water best practices guide under subsection (c). The USDA shall be the lead agency for subsection (b). The DOD shall lead on storm water management practices at Federal facilities and on Federal lands under sub-section (c). The DOI and the DOC shall share the lead on subsections (d), (f), and (g), and the DOI shall be lead on subsection (e). The lead agencies shall provide final reports to the Committee within 180 days of the date of this order.

SEC. 203. Strategy for Protecting and Restoring the

Chesapeake Bay. The Committee shall prepare and pub-lish a strategy for coordinated implementation of ex-isting programs and projects to guide efforts to protect and restore the Chesapeake Bay. The strategy shall, to the extent permitted by law:

(a) define environmental goals for the Chesapeake Bay and describe milestones for making progress to-ward attainment of these goals;

(b) identify key measureable indicators of environ-mental condition and changes that are critical to effec-tive Federal leadership;

(c) describe the specific programs and strategies to be implemented, including the programs and strategies described in draft reports developed under section 202 of this order;

(d) identify the mechanisms that will assure that governmental and other activities, including data col-lection and distribution, are coordinated and effective, relying on existing mechanisms where appropriate; and

(e) describe a process for the implementation of adaptive management principles, including a periodic evaluation of protection and restoration activities.

The Committee shall review the draft reports submit-ted by lead agencies under section 202 of this order and, in consultation with relevant State agencies, suggest appropriate revisions to the agency that provided the draft report. It shall then integrate these reports into a coordinated strategy for restoration and protection of the Chesapeake Bay consistent with the requirements of this order. Together with the final reports prepared by the lead agencies, the draft strategy shall be pub-lished for public review and comment within 180 days of the date of this order and a final strategy shall be pub-lished within 1 year. To the extent practicable and au-thorized under their existing authorities, agencies may begin implementing core elements of restoration and protection programs and strategies, in consultation with the Committee, as soon as possible and prior to re-lease of a final strategy.

SEC. 204. Collaboration with State Partners. In prepar-ing the reports under section 202 and the strategy under section 203, the lead agencies and the Committee shall consult extensively with the States of Virginia, Mary-land, Pennsylvania, West Virginia, New York, and Delaware and the District of Columbia. The goal of this consultation is to ensure that Federal actions to pro-tect and restore the Chesapeake Bay are closely coordi-nated with actions by State and local agencies in the watershed and that the resources, authorities, and ex-pertise of Federal, State, and local agencies are used as efficiently as possible for the benefit of the Chesapeake


Bay’s water quality and ecosystem and habitat health and viability.

SEC. 205. Annual Action Plan and Progress Report. Be-ginning in 2010, the Committee shall publish an annual Chesapeake Bay Action Plan (Action Plan) describing how Federal funding proposed in the President’s Budget will be used to protect and restore the Chesapeake Bay during the upcoming fiscal year. This plan will be ac-companied by an Annual Progress Report reviewing in-dicators of environmental conditions in the Chesapeake Bay, assessing implementation of the Action Plan dur-ing the preceding fiscal year, and recommending steps to improve progress in restoring and protecting the Chesapeake Bay. The Committee shall consult with stakeholders (including relevant State agencies) and members of the public in developing the Action Plan and Annual Progress Report.

SEC. 206. Strengthen Accountability. The Committee, in collaboration with State agencies, shall ensure that an independent evaluator periodically reports to the Com-mittee on progress toward meeting the goals of this order. The Committee shall ensure that all program evaluation reports, including data on practice or sys-tem implementation and maintenance funded through agency programs, as appropriate, are made available to the public by posting on a website maintained by the Chair of the Committee.

PART 3—RESTORE CHESAPEAKE BAY WATER QUALITY

SEC. 301. Water Pollution Control Strategies. In prepar-ing the report required by subsection 202(a) of this order, the Administrator of the EPA (Administrator) shall, after consulting with appropriate State agencies, examine how to make full use of its authorities under the Clean Water Act to protect and restore the Chesa-peake Bay and its tributary waters and, as appropriate, shall consider revising any guidance and regulations. The Administrator shall identify pollution control strategies and actions authorized by the EPA’s existing authorities to restore the Chesapeake Bay that:

(a) establish a clear path to meeting, as expeditiously as practicable, water quality and environmental res-toration goals for the Chesapeake Bay;

(b) are based on sound science and reflect adaptive management principles;

(c) are performance oriented and publicly account-able;

(d) apply innovative and cost-effective pollution con-trol measures;

(e) can be replicated in efforts to protect other bodies of water, where appropriate; and

(f) build on the strengths and expertise of Federal, State, and local governments, the private sector, and citizen organizations.

SEC. 302. Elements of EPA Reports. The strategies and actions identified by the Administrator of the EPA in preparing the report under subsection 202(a) shall in-clude, to the extent permitted by law:

(a) using Clean Water Act tools, including strength-ening existing permit programs and extending coverage where appropriate;

(b) establishing new, minimum standards of perform-ance where appropriate, including:

(i) establishing a schedule for the implementation of key actions in cooperation with States, local gov-ernments, and others;

(ii) constructing watershed-based frameworks that assign pollution reduction responsibilities to pollu-tion sources and maximize the reliability and cost-ef-fectiveness of pollution reduction programs; and

(iii) implementing a compliance and enforcement strategy.

PART 4—AGRICULTURAL PRACTICES TO PROTECT THE CHESAPEAKE BAY

SEC. 401. In developing recommendations for focusing resources to protect the Chesapeake Bay in the report required by subsection 202(b) of this order, the Sec-retary of Agriculture shall, as appropriate, concentrate

the USDA’s working lands and land retirement pro-grams within priority watersheds in counties in the Chesapeake Bay watershed. These programs should apply priority conservation practices that most effi-ciently reduce nutrient and sediment loads to the Chesapeake Bay, as identified by USDA and EPA data and scientific analysis. The Secretary of Agriculture shall work with State agriculture and conservation agencies in developing the report.

PART 5—REDUCE WATER POLLUTION FROM FEDERAL LANDS AND FACILITIES

SEC. 501. Agencies with land, facilities, or installation management responsibilities affecting ten or more acres within the watershed of the Chesapeake Bay shall, as expeditiously as practicable and to the extent permitted by law, implement land management prac-tices to protect the Chesapeake Bay and its tributary waters consistent with the report required by section 202 of this order and as described in guidance published by the EPA under section 502.

SEC. 502. The Administrator of the EPA shall, within 1 year of the date of this order and after consulting with the Committee and providing for public review and comment, publish guidance for Federal land man-agement in the Chesapeake Bay watershed describing proven, cost-effective tools and practices that reduce water pollution, including practices that are available for use by Federal agencies.

PART 6—PROTECT CHESAPEAKE BAY AS THE CLIMATE CHANGES

SEC. 601. The Secretaries of Commerce and the Inte-rior shall, to the extent permitted by law, organize and conduct research and scientific assessments to support development of the strategy to adapt to climate change impacts on the Chesapeake Bay watershed as required in section 202 of this order and to evaluate the impacts of climate change on the Chesapeake Bay in future years. Such research should include assessment of:

(a) the impact of sea level rise on the aquatic eco-system of the Chesapeake Bay, including nutrient and sediment load contributions from stream banks and shorelines;

(b) the impacts of increasing temperature, acidity, and salinity levels of waters in the Chesapeake Bay;

(c) the impacts of changing rainfall levels and changes in rainfall intensity on water quality and aquatic life;

(d) potential impacts of climate change on fish, wild-life, and their habitats in the Chesapeake Bay and its watershed; and

(e) potential impacts of more severe storms on Chesa-peake Bay resources.

PART 7—EXPAND PUBLIC ACCESS TO THE CHESAPEAKE BAY AND CONSERVE LANDSCAPES AND ECOSYSTEMS

SEC. 701. (a) Agencies participating in the Committee shall assist the Secretary of the Interior in develop-ment of the report addressing expanded public access to the waters of the Chesapeake Bay and conservation of landscapes and ecosystems required in subsection 202(e) of this order by providing to the Secretary:

(i) a list and description of existing sites on agency lands and facilities where public access to the Chesa-peake Bay or its tributary waters is offered;

(ii) a description of options for expanding public ac-cess at these agency sites;

(iii) a description of agency sites where new oppor-tunities for public access might be provided;

(iv) a description of safety and national security is-sues related to expanded public access to Department of Defense installations;

(v) a description of landscapes and ecosystems in the Chesapeake Bay watershed that merit recogni-tion for their historical, cultural, ecological, or sci-entific values; and

(vi) options for conserving these landscapes and ecosystems.


(b) In developing the report addressing expanded pub-lic access on agency lands to the waters of the Chesa-peake Bay and options for conserving landscapes and ecosystems in the Chesapeake Bay, as required in sub-section 202(e) of this order, the Secretary of the Inte-rior shall coordinate any recommendations with State and local agencies in the watershed and programs such as the Captain John Smith Chesapeake National His-toric Trail, the Chesapeake Bay Gateways and Water-trails Network, and the Star-Spangled Banner National Historic Trail.

PART 8—MONITORING AND DECISION SUPPORT FOR ECOSYSTEM MANAGEMENT

SEC. 801. The Secretaries of Commerce and the Inte-rior shall, to the extent permitted by law, organize and conduct their monitoring, research, and scientific as-sessments to support decisionmaking for the Chesa-peake Bay ecosystem and to develop the report address-ing strengthening environmental monitoring of the Chesapeake Bay and its watershed required in section 202 of this order. This report will assess existing mon-itoring programs and gaps in data collection, and shall also include the following topics:

(a) the health of fish and wildlife in the Chesapeake Bay watershed;

(b) factors affecting changes in water quality and habitat conditions; and

(c) using adaptive management to plan, monitor, evaluate, and adjust environmental management ac-tions.

PART 9—LIVING RESOURCES PROTECTION AND RESTORATION

SEC. 901. The Secretaries of Commerce and the Inte-rior shall, to the extent permitted by law, identify and prioritize critical living resources of the Chesapeake Bay and its watershed, conduct collaborative research and habitat protection activities that address expected outcomes for these species, and develop a report ad-dressing these topics as required in section 202 of this order. The Secretaries of Commerce and the Interior shall coordinate agency activities related to living re-sources in estuarine waters to ensure maximum benefit to the Chesapeake Bay resources.

PART 10—EXCEPTIONS

SEC. 1001. The heads of agencies may authorize excep-tions to this order, in the following circumstances:

(a) during time of war or national emergency; (b) when necessary for reasons of national security; (c) during emergencies posing an unacceptable threat

to human health or safety or to the marine environ-ment and admitting of no other feasible solution; or

(d) in any case that constitutes a danger to human life or a real threat to vessels, aircraft, platforms, or other man-made structures at sea, such as cases of force

majeure caused by stress of weather or other act of God.

PART 11—GENERAL PROVISIONS

SEC. 1101. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) authority granted by law to a department, agen-cy, or the head thereof; or

(ii) functions of the Director of the Office of Man-agement and Budget relating to budgetary, adminis-trative, or legislative proposals. (b) This order shall be implemented consistent with

applicable law and subject to the availability of appro-priations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce-able at law or in equity, by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

BARACK OBAMA.

§ 1268. Great Lakes

(a) Findings, purpose, and definitions

(1) Findings

The Congress finds that— (A) the Great Lakes are a valuable na-

tional resource, continuously serving the people of the United States and other na-tions as an important source of food, fresh water, recreation, beauty, and enjoyment;

(B) the United States should seek to attain the goals embodied in the Great Lakes Water Quality Agreement of 1978, as amend-ed by the Water Quality Agreement of 1987 and any other agreements and amendments, with particular emphasis on goals related to toxic pollutants; and

(C) the Environmental Protection Agency should take the lead in the effort to meet those goals, working with other Federal agencies and State and local authorities.

(2) Purpose

It is the purpose of this section to achieve the goals embodied in the Great Lakes Water Quality Agreement of 1978, as amended by the Water Quality Agreement of 1987 and any other agreements and amendments, through improved organization and definition of mis-sion on the part of the Agency, funding of State grants for pollution control in the Great Lakes area, and improved accountability for implementation of such agreement.

(3) Definitions

For purposes of this section, the term— (A) ‘‘Agency’’ means the Environmental

Protection Agency; (B) ‘‘Great Lakes’’ means Lake Ontario,

Lake Erie, Lake Huron (including Lake St. Clair), Lake Michigan, and Lake Superior, and the connecting channels (Saint Mary’s River, Saint Clair River, Detroit River, Ni-agara River, and Saint Lawrence River to the Canadian Border);

(C) ‘‘Great Lakes System’’ means all the streams, rivers, lakes, and other bodies of water within the drainage basin of the Great Lakes;

(D) ‘‘Program Office’’ means the Great Lakes National Program Office established by this section;

(E) ‘‘Research Office’’ means the Great Lakes Research Office established by sub-section (d);

(F) ‘‘area of concern’’ means a geographic area located within the Great Lakes, in which beneficial uses are impaired and which has been officially designated as such under Annex 2 of the Great Lakes Water Quality Agreement;

(G) ‘‘Great Lakes States’’ means the States of Illinois, Indiana, Michigan, Min-nesota, New York, Ohio, Pennsylvania, and Wisconsin;

(H) ‘‘Great Lakes Water Quality Agree-ment’’ means the bilateral agreement, be-tween the United States and Canada which was signed in 1978 and amended by the Pro-tocol of 1987;

(I) ‘‘Lakewide Management Plan’’ means a written document which embodies a system-


1 So in original.

atic and comprehensive ecosystem approach to restoring and protecting the beneficial uses of the open waters of each of the Great Lakes, in accordance with article VI and Annex 2 of the Great Lakes Water Quality Agreement;

(J) ‘‘Remedial Action Plan’’ means a writ-ten document which embodies a systematic and comprehensive ecosystem approach to restoring and protecting the beneficial uses of areas of concern, in accordance with arti-cle VI and Annex 2 of the Great Lakes Water Quality Agreement;

(K) ‘‘site characterization’’ means a proc-ess for monitoring and evaluating the nature and extent of sediment contamination in ac-cordance with the Environmental Protection Agency’s guidance for the assessment of con-taminated sediment in an area of concern lo-cated wholly or partially within the United States; and

(L) ‘‘potentially responsible party’’ means an individual or entity that may be liable under any Federal or State authority that is being used or may be used to facilitate the cleanup and protection of the Great Lakes.

(b) Great Lakes National Program Office

The Great Lakes National Program Office (previously established by the Administrator) is hereby established within the Agency. The Pro-gram Office shall be headed by a Director who, by reason of management experience and tech-nical expertise relating to the Great Lakes, is highly qualified to direct the development of programs and plans on a variety of Great Lakes issues. The Great Lakes National Program Of-fice shall be located in a Great Lakes State.

(c) Great Lakes management

(1) Functions

The Program Office shall— (A) in cooperation with appropriate Fed-

eral, State, tribal, and international agen-cies, and in accordance with section 1251(e) of this title, develop and implement specific action plans to carry out the responsibilities of the United States under the Great Lakes Water Quality Agreement of 1978, as amend-ed by the Water Quality Agreement of 1987 and any other agreements and amend-ments,; 1

(B) establish a Great Lakes system-wide surveillance network to monitor the water quality of the Great Lakes, with specific em-phasis on the monitoring of toxic pollutants;

(C) serve as the liaison with, and provide information to, the Canadian members of the International Joint Commission and the Canadian counterpart to the Agency;

(D) coordinate actions of the Agency (in-cluding actions by headquarters and re-gional offices thereof) aimed at improving Great Lakes water quality; and

(E) coordinate actions of the Agency with the actions of other Federal agencies and State and local authorities, so as to ensure the input of those agencies and authorities in developing water quality strategies and

obtain the support of those agencies and au-thorities in achieving the objectives of such agreement.

(2) Great Lakes water quality guidance

(A) By June 30, 1991, the Administrator, after consultation with the Program Office, shall publish in the Federal Register for public notice and comment proposed water quality guidance for the Great Lakes System. Such guidance shall conform with the objectives and provisions of the Great Lakes Water Qual-ity Agreement, shall be no less restrictive than the provisions of this chapter and na-tional water quality criteria and guidance, shall specify numerical limits on pollutants in ambient Great Lakes waters to protect human health, aquatic life, and wildlife, and shall provide guidance to the Great Lakes States on minimum water quality standards, anti-degradation policies, and implementation pro-cedures for the Great Lakes System.

(B) By June 30, 1992, the Administrator, in consultation with the Program Office, shall publish in the Federal Register, pursuant to this section and the Administrator’s authority under this chapter, final water quality guid-ance for the Great Lakes System.

(C) Within two years after such Great Lakes guidance is published, the Great Lakes States shall adopt water quality standards, anti-degradation policies, and implementation pro-cedures for waters within the Great Lakes System which are consistent with such guid-ance. If a Great Lakes State fails to adopt such standards, policies, and procedures, the Administrator shall promulgate them not later than the end of such two-year period. When reviewing any Great Lakes State’s water quality plan, the agency shall consider the extent to which the State has complied with the Great Lakes guidance issued pursu-ant to this section.

(3) Remedial Action Plans

(A) For each area of concern for which the United States has agreed to draft a Remedial Action Plan, the Program Office shall ensure that the Great Lakes State in which such area of concern is located—

(i) submits a Remedial Action Plan to the Program Office by June 30, 1991;

(ii) submits such Remedial Action Plan to the International Joint Commission by Jan-uary 1, 1992; and

(iii) includes such Remedial Action Plans within the State’s water quality plan by January 1, 1993.

(B) For each area of concern for which Can-ada has agreed to draft a Remedial Action Plan, the Program Office shall, pursuant to subparagraph (c)(1)(C) of this section, work with Canada to assure the submission of such Remedial Action Plans to the International Joint Commission by June 30, 1991, and to fi-nalize such Remedial Action Plans by January 1, 1993.

(C) For any area of concern designated as such subsequent to November 16, 1990, the Pro-gram Office shall (i) if the United States has agreed to draft the Remedial Action Plan, en-


sure that the Great Lakes State in which such area of concern is located submits such Plan to the Program Office within two years of the area’s designation, submits it to the Inter-national Joint Commission no later than six months after submitting it to the Program Of-fice, and includes such Plan in the State’s water quality plan no later than one year after submitting it to the Commission; and (ii) if Canada has agreed to draft the Remedial Ac-tion Plan, work with Canada, pursuant to sub-paragraph (c)(1)(C) of this section, to ensure the submission of such Plan to the Inter-national Joint Commission within two years of the area’s designation and the finalization of such Plan no later than eighteen months after submitting it to such Commission.

(D) The Program Office shall compile formal comments on individual Remedial Action Plans made by the International Joint Com-mission pursuant to section 4(d) of Annex 2 of the Great Lakes Water Quality Agreement and, upon request by a member of the public, shall make such comments available for in-spection and copying. The Program Office shall also make available, upon request, for-mal comments made by the Environmental Protection Agency on individual Remedial Ac-tion Plans.

(E) REPORT.—Not later than 1 year after No-vember 27, 2002, the Administrator shall sub-mit to Congress a report on such actions, time periods, and resources as are necessary to ful-fill the duties of the Agency relating to over-sight of Remedial Action Plans under—

(i) this paragraph; and (ii) the Great Lakes Water Quality Agree-

ment.

(4) Lakewide Management Plans

The Administrator, in consultation with the Program Office shall—

(A) by January 1, 1992, publish in the Fed-eral Register a proposed Lakewide Manage-ment Plan for Lake Michigan and solicit public comments;

(B) by January 1, 1993, submit a proposed Lakewide Management Plan for Lake Michi-gan to the International Joint Commission for review; and

(C) by January 1, 1994, publish in the Fed-eral Register a final Lakewide Management Plan for Lake Michigan and begin imple-mentation.

Nothing in this subparagraph shall preclude the simultaneous development of Lakewide Management Plans for the other Great Lakes.

(5) Spills of oil and hazardous materials

The Program Office, in consultation with the Coast Guard, shall identify areas within the Great Lakes which are likely to experi-ence numerous or voluminous spills of oil or other hazardous materials from land based fa-cilities, vessels, or other sources and, in con-sultation with the Great Lakes States, shall identify weaknesses in Federal and State pro-grams and systems to prevent and respond to such spills. This information shall be included on at least a biennial basis in the report re-quired by this section.

(6) 5-year plan and program

The Program Office shall develop, in con-sultation with the States, a five-year plan and program for reducing the amount of nutrients introduced into the Great Lakes. Such pro-gram shall incorporate any management pro-gram for reducing nutrient runoff from nonpoint sources established under section 1329 of this title and shall include a program for monitoring nutrient runoff into, and ambi-ent levels in, the Great Lakes.

(7) Great Lakes Restoration Initiative

(A) Establishment

There is established in the Agency a Great Lakes Restoration Initiative (referred to in this paragraph as the ‘‘Initiative’’) to carry out programs and projects for Great Lakes protection and restoration.

(B) Focus areas

In carrying out the Initiative, the Admin-istrator shall prioritize programs and projects, to be carried out in coordination with non-Federal partners, that address the priority areas described in the Initiative Ac-tion Plan, including—

(i) the remediation of toxic substances and areas of concern;

(ii) the prevention and control of inva-sive species and the impacts of invasive species;

(iii) the protection and restoration of nearshore health and the prevention and mitigation of nonpoint source pollution;

(iv) habitat and wildlife protection and restoration, including wetlands restora-tion and preservation; and

(v) accountability, monitoring, evalua-tion, communication, and partnership ac-tivities.

(C) Projects

(i) In general

In carrying out the Initiative, the Ad-ministrator shall collaborate with other Federal partners, including the Great Lakes Interagency Task Force established by Executive Order No. 13340 (69 Fed. Reg. 29043), to select the best combination of programs and projects for Great Lakes protection and restoration using appro-priate principles and criteria, including whether a program or project provides—

(I) the ability to achieve strategic and measurable environmental outcomes that implement the Initiative Action Plan and the Great Lakes Water Quality Agreement;

(II) the feasibility of— (aa) prompt implementation; (bb) timely achievement of results;

and (cc) resource leveraging; and

(III) the opportunity to improve inter-agency, intergovernmental, and inter-organizational coordination and collabo-ration to reduce duplication and stream-line efforts.

(ii) Outreach

In selecting the best combination of pro-grams and projects for Great Lakes protec-


tion and restoration under clause (i), the Administrator shall consult with the Great Lakes States and Indian tribes and solicit input from other non-Federal stakeholders.

(iii) Harmful algal bloom coordinator

The Administrator shall designate a point person from an appropriate Federal partner to coordinate, with Federal part-ners and Great Lakes States, Indian tribes, and other non-Federal stakeholders, projects and activities under the Initiative involving harmful algal blooms in the Great Lakes.

(D) Implementation of projects

(i) In general

Subject to subparagraph (J)(ii), funds made available to carry out the Initiative shall be used to strategically implement—

(I) Federal projects; (II) projects carried out in coordina-

tion with States, Indian tribes, munici-palities, institutions of higher edu-cation, and other organizations; and

(III) operations and activities of the Program Office, including remediation of sediment contamination in areas of con-cern.

(ii) Transfer of funds

With amounts made available for the Initiative each fiscal year, the Adminis-trator may—

(I) transfer not more than the total amount appropriated under subpara-graph (J)(i) for the fiscal year to the head of any Federal department or agen-cy, with the concurrence of the depart-ment or agency head, to carry out activi-ties to support the Initiative and the Great Lakes Water Quality Agreement; and

(II) enter into an interagency agree-ment with the head of any Federal de-partment or agency to carry out activi-ties described in subclause (I).

(iii) Agreements with non-Federal entities

(I) In general

The Administrator, or the head of any other Federal department or agency re-ceiving funds under clause (ii)(I), may make a grant to, or otherwise enter into an agreement with, a qualified non-Fed-eral entity, as determined by the Admin-istrator or the applicable head of the other Federal department or agency re-ceiving funds, for planning, research, monitoring, outreach, or implementa-tion of a project selected under subpara-graph (C), to support the Initiative Ac-tion Plan or the Great Lakes Water Quality Agreement.

(II) Qualified non-Federal entity

For purposes of this clause, a qualified non-Federal entity may include a gov-ernmental entity, nonprofit organiza-tion, institution, or individual.

(E) Scope

(i) In general

Projects may be carried out under the Initiative on multiple levels, including—

(I) locally; (II) Great Lakes-wide; or (III) Great Lakes basin-wide.

(ii) Limitation

No funds made available to carry out the Initiative may be used for any water infra-structure activity (other than a green in-frastructure project that improves habitat and other ecosystem functions in the Great Lakes) for which financial assist-ance is received—

(I) from a State water pollution con-trol revolving fund established under subchapter VI;

(II) from a State drinking water re-volving loan fund established under sec-tion 300j–12 of title 42; or

(III) pursuant to the Water Infrastruc-ture Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.).

(F) Activities by other Federal agencies

Each relevant Federal department or agen-cy shall, to the maximum extent prac-ticable—

(i) maintain the base level of funding for the Great Lakes activities of that depart-ment or agency without regard to funding under the Initiative; and

(ii) identify new activities and projects to support the environmental goals of the Initiative.

(G) Revision of Initiative Action Plan

(i) In general

Not less often than once every 5 years, the Administrator, in conjunction with the Great Lakes Interagency Task Force, shall review, and revise as appropriate, the Ini-tiative Action Plan to guide the activities of the Initiative in addressing the restora-tion and protection of the Great Lakes system.

(ii) Outreach

In reviewing and revising the Initiative Action Plan under clause (i), the Adminis-trator shall consult with the Great Lakes States and Indian tribes and solicit input from other non-Federal stakeholders.

(H) Monitoring and reporting

The Administrator shall— (i) establish and maintain a process for

monitoring and periodically reporting to the public on the progress made in imple-menting the Initiative Action Plan;

(ii) make information about each project carried out under the Initiative Action Plan available on a public website; and

(iii) provide to the Committee on Trans-portation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Sen-ate a yearly detailed description of the progress of the Initiative and amounts transferred to participating Federal de-


partments and agencies under subpara-graph (D)(ii).

(I) Initiative Action Plan defined

In this paragraph, the term ‘‘Initiative Ac-tion Plan’’ means the comprehensive, multi-year action plan for the restoration of the Great Lakes, first developed pursuant to the Joint Explanatory Statement of the Con-ference Report accompanying the Depart-ment of the Interior, Environment, and Re-lated Agencies Appropriations Act, 2010 (Public Law 111–88).

(J) Funding

(i) In general

There is authorized to be appropriated to carry out this paragraph $300,000,000 for each of fiscal years 2017 through 2021.

(ii) Limitation

Nothing in this paragraph creates, ex-pands, or amends the authority of the Ad-ministrator to implement programs or projects under—

(I) this section; (II) the Initiative Action Plan; or (III) the Great Lakes Water Quality

Agreement.

(8) Administrator’s responsibility

The Administrator shall ensure that the Program Office enters into agreements with the various organizational elements of the Agency involved in Great Lakes activities and the appropriate State agencies specifically de-lineating—

(A) the duties and responsibilities of each such element in the Agency with respect to the Great Lakes;

(B) the time periods for carrying out such duties and responsibilities; and

(C) the resources to be committed to such duties and responsibilities.

(9) Budget item

The Administrator shall, in the Agency’s an-nual budget submission to Congress, include a funding request for the Program Office as a separate budget line item.

(10) Confined disposal facilities

(A) The Administrator, in consultation with the Assistant Secretary of the Army for Civil Works, shall develop and implement, within one year of November 16, 1990, management plans for every Great Lakes confined disposal facility.

(B) The plan shall provide for monitoring of such facilities, including—

(i) water quality at the site and in the area of the site;

(ii) sediment quality at the site and in the area of the site;

(iii) the diversity, productivity, and stabil-ity of aquatic organisms at the site and in the area of the site; and

(iv) such other conditions as the Adminis-trator deems appropriate.

(C) The plan shall identify the anticipated use and management of the site over the fol-lowing twenty-year period including the ex-

pected termination of dumping at the site, the anticipated need for site management, includ-ing pollution control, following the termi-nation of the use of the site.

(D) The plan shall identify a schedule for re-view and revision of the plan which shall not be less frequent than five years after adoption of the plan and every five years thereafter.

(11) Remediation of sediment contamination in areas of concern

(A) In general

In accordance with this paragraph, the Ad-ministrator, acting through the Program Of-fice, may carry out projects that meet the requirements of subparagraph (B).

(B) Eligible projects

A project meets the requirements of this subparagraph if the project is to be carried out in an area of concern located wholly or partially in the United States and the project—

(i) monitors or evaluates contaminated sediment;

(ii) subject to subparagraph (D), imple-ments a plan to remediate contaminated sediment, including activities to restore aquatic habitat that are carried out in conjunction with a project for the remedi-ation of contaminated sediment; or

(iii) prevents further or renewed con-tamination of sediment.

(C) Priority

In selecting projects to carry out under this paragraph, the Administrator shall give priority to a project that—

(i) constitutes remedial action for con-taminated sediment;

(ii)(I) has been identified in a Remedial Action Plan submitted under paragraph (3); and

(II) is ready to be implemented; (iii) will use an innovative approach,

technology, or technique that may provide greater environmental benefits, or equiva-lent environmental benefits at a reduced cost; or

(iv) includes remediation to be com-menced not later than 1 year after the date of receipt of funds for the project.

(D) Limitations

The Administrator may not carry out a project under this paragraph for remediation of contaminated sediments located in an area of concern—

(i) if an evaluation of remedial alter-natives for the area of concern has not been conducted, including a review of the short-term and long-term effects of the al-ternatives on human health and the envi-ronment;

(ii) if the Administrator determines that the area of concern is likely to suffer sig-nificant further or renewed contamination from existing sources of pollutants causing sediment contamination following comple-tion of the project;

(iii) unless each non-Federal sponsor for the project has entered into a written


project agreement with the Administrator under which the party agrees to carry out its responsibilities and requirements for the project; or

(iv) unless the Administrator provides assurance that the Agency has conducted a reasonable inquiry to identify potentially responsible parties connected with the site.

(E) Non-Federal share

(i) In general

The non-Federal share of the cost of a project carried out under this paragraph shall be at least 35 percent.

(ii) In-kind contributions

(I) In general

The non-Federal share of the cost of a project carried out under this paragraph may include the value of an in-kind con-tribution provided by a non-Federal sponsor.

(II) Credit

A project agreement described in sub-paragraph (D)(iii) may provide, with re-spect to a project, that the Adminis-trator shall credit toward the non-Fed-eral share of the cost of the project the value of an in-kind contribution made by the non-Federal sponsor, if the Adminis-trator determines that the material or service provided as the in-kind contribu-tion is integral to the project.

(III) Work performed before project agreement

In any case in which a non-Federal sponsor is to receive credit under sub-clause (II) for the cost of work carried out by the non-Federal sponsor and such work has not been carried out by the non-Federal sponsor as of October 8, 2008, the Administrator and the non-Federal sponsor shall enter into an agreement under which the non-Federal sponsor shall carry out such work, and only work carried out following the execution of the agreement shall be eligible for cred-it.

(IV) Limitation

Credit authorized under this clause for a project carried out under this para-graph—

(aa) shall not exceed the non-Federal share of the cost of the project; and

(bb) shall not exceed the actual and reasonable costs of the materials and services provided by the non-Federal sponsor, as determined by the Admin-istrator.

(V) Inclusion of certain contributions

In this subparagraph, the term ‘‘in- kind contribution’’ may include the costs of planning (including data collec-tion), design, construction, and mate-rials that are provided by the non-Fed-eral sponsor for implementation of a project under this paragraph.

(iii) Treatment of credit between projects

Any credit provided under this subpara-graph towards the non-Federal share of the cost of a project carried out under this paragraph may be applied towards the non- Federal share of the cost of any other project carried out under this paragraph by the same non-Federal sponsor for a site within the same area of concern.

(iv) Non-Federal share

The non-Federal share of the cost of a project carried out under this paragraph—

(I) may include monies paid pursuant to, or the value of any in-kind contribu-tion performed under, an administrative order on consent or judicial consent de-cree; but

(II) may not include any funds paid pursuant to, or the value of any in-kind contribution performed under, a unilat-eral administrative order or court order.

(v) Operation and maintenance

The non-Federal share of the cost of the operation and maintenance of a project carried out under this paragraph shall be 100 percent.

(F) Site characterization

(i) In general

The Administrator, in consultation with any affected State or unit of local govern-ment, shall carry out at Federal expense the site characterization of a project under this paragraph for the remediation of con-taminated sediment.

(ii) Limitation

For purposes of clause (i), the Adminis-trator may carry out one site assessment per discrete site within a project at Fed-eral expense.

(G) Coordination

In carrying out projects under this para-graph, the Administrator shall coordinate with the Secretary of the Army, and with the Governors of States in which the projects are located, to ensure that Federal and State assistance for remediation in areas of concern is used as efficiently as practicable.

(H) Authorization of appropriations

(i) In general

In addition to other amounts authorized under this section, there is authorized to be appropriated to carry out this para-graph $50,000,000 for each of fiscal years 2004 through 2010.

(ii) Availability

Funds made available under clause (i) shall remain available until expended.

(iii) Allocation of funds

Not more than 20 percent of the funds appropriated pursuant to clause (i) for a fiscal year may be used to carry out sub-paragraph (F).

(12) Public information program

(A) In general

The Administrator, acting through the Program Office and in coordination with


2 So in original. Probably should be capitalized. 3 So in original.

States, Indian tribes, local governments, and other entities, may carry out a public infor-mation program to provide information re-lating to the remediation of contaminated sediment to the public in areas of concern that are located wholly or partially in the United States.

(B) Authorization of appropriations

There is authorized to be appropriated to carry out this paragraph $1,000,000 for each of fiscal years 2004 through 2010.

(d) Great Lakes research

(1) Establishment of Research Office

There is established within the National Oceanic and Atmospheric Administration the Great Lakes Research Office.

(2) Identification of issues

The Research Office shall identify issues re-lating to the Great Lakes resources on which research is needed. The Research Office shall submit a report to Congress on such issues be-fore the end of each fiscal year which shall identify any changes in the Great Lakes sys-tem 2 with respect to such issues.

(3) Inventory

The Research Office shall identify and inven-tory Federal, State, university, and tribal en-vironmental research programs (and, to the extent feasible, those of private organizations and other nations) relating to the Great Lakes system,2 and shall update that inventory every four years.

(4) Research exchange

The Research Office shall establish a Great Lakes research exchange for the purpose of fa-cilitating the rapid identification, acquisition, retrieval, dissemination, and use of informa-tion concerning research projects which are ongoing or completed and which affect the Great Lakes System.

(5) Research program

The Research Office shall develop, in co-operation with the Coordination Office, a com-prehensive environmental research program and data base for the Great Lakes system.2 The data base shall include, but not be limited to, data relating to water quality, fisheries, and biota.

(6) Monitoring

The Research Office shall conduct, through the Great Lakes Environmental Research Lab-oratory, the National Sea Grant College pro-gram, other Federal laboratories, and the pri-vate sector, appropriate research and monitor-ing activities which address priority issues and current needs relating to the Great Lakes.

(7) Location

The Research Office shall be located in a Great Lakes State.

(e) Research and management coordination

(1) Joint plan

Before October 1 of each year, the Program Office and the Research Office shall prepare a

joint research plan for the fiscal year which begins in the following calendar year.

(2) Contents of plan

Each plan prepared under paragraph (1) shall—

(A) identify all proposed research dedi-cated to activities conducted under the Great Lakes Water Quality Agreement of 1978, as amended by the Water Quality Agreement of 1987 and any other agreements and amendments,; 3

(B) include the Agency’s assessment of pri-orities for research needed to fulfill the terms of such Agreement; and

(C) identify all proposed research that may be used to develop a comprehensive environ-mental data base for the Great Lakes Sys-tem and establish priorities for development of such data base.

(3) Health research report

(A) Not later than September 30, 1994, the Program Office, in consultation with the Re-search Office, the Agency for Toxic Substances and Disease Registry, and Great Lakes States shall submit to the Congress a report assessing the adverse effects of water pollutants in the Great Lakes System on the health of persons in Great Lakes States and the health of fish, shellfish, and wildlife in the Great Lakes Sys-tem. In conducting research in support of this report, the Administrator may, where appro-priate, provide for research to be conducted under cooperative agreements with Great Lakes States.

(B) There is authorized to be appropriated to the Administrator to carry out this section not to exceed $3,000,000 for each of fiscal years 1992, 1993, and 1994.

(f) Interagency cooperation

The head of each department, agency, or other instrumentality of the Federal Government which is engaged in, is concerned with, or has authority over programs relating to research, monitoring, and planning to maintain, enhance, preserve, or rehabilitate the environmental quality and natural resources of the Great Lakes, including the Chief of Engineers of the Army, the Chief of the Soil Conservation Serv-ice, the Commandant of the Coast Guard, the Director of the Fish and Wildlife Service, and the Administrator of the National Oceanic and Atmospheric Administration, shall submit an annual report to the Administrator with respect to the activities of that agency or office affect-ing compliance with the Great Lakes Water Quality Agreement of 1978, as amended by the Water Quality Agreement of 1987 and any other agreements and amendments,.3

(g) Relationship to existing Federal and State laws and international treaties

Nothing in this section shall be construed— (1) to affect the jurisdiction, powers, or pre-

rogatives of any department, agency, or offi-cer of the Federal Government or of any State government, or of any tribe, nor any powers, jurisdiction, or prerogatives of any inter-

4 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1268

national body created by treaty with author-ity relating to the Great Lakes; or

(2) to affect any other Federal or State au-thority that is being used or may be used to facilitate the cleanup and protection of the Great Lakes.

(h) Authorizations of Great Lakes appropriations

There are authorized to be appropriated to the Administrator to carry out this section not to exceed—

(1) $11,000,000 per fiscal year for the fiscal years 1987, 1988, 1989, and 1990, and $25,000,000 for fiscal year 1991;

(2) such sums as are necessary for each of fis-cal years 1992 through 2003; and

(3) $25,000,000 for each of fiscal years 2004 through 2008.

(June 30, 1948, ch. 758, title I, § 118, as added Pub. L. 100–4, title I, § 104, Feb. 4, 1987, 101 Stat. 11; amended Pub. L. 100–688, title I, § 1008, Nov. 18, 1988, 102 Stat. 4151; Pub. L. 101–596, title I, §§ 101–106, Nov. 16, 1990, 104 Stat. 3000–3004; Pub. L. 107–303, title I, §§ 102–105, Nov. 27, 2002, 116 Stat. 2355–2358; Pub. L. 110–365, §§ 2, 3, Oct. 8, 2008, 122 Stat. 4021; Pub. L. 113–188, title VII, § 701, Nov. 26, 2014, 128 Stat. 2019; Pub. L. 114–113, div. G, title IV, § 426, Dec. 18, 2015, 129 Stat. 2581; Pub. L. 114–322, title IV, § 5005, Dec. 16, 2016, 130 Stat. 1889.)

REFERENCES IN TEXT

Executive Order No. 13340, referred to in subsec. (c)(7)(C)(i), is Ex. Ord. No. 13340, May 18, 2004, 69 F.R. 29043, which is set out as a note under section 1268 of this title.

The Water Infrastructure Finance and Innovation Act of 2014, referred to in subsec. (c)(7)(E)(ii)(III), is subtitle C (§§ 5021–5035) of title V of Pub. L. 113–121, June 10, 2014, 128 Stat. 1332, which is classified gener-ally to chapter 52 of this title. For complete classifica-tion of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.

The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010, referred to in subsec. (c)(7)(I), is Pub. L. 111–88, div. A, Oct. 30, 2009, 123 Stat. 2904. The Conference Report accompanying the Act (H.R. 2996) is H. Rept. No. 111–316, 111th Cong., 1st Sess.

CODIFICATION

November 16, 1990, referred to in subsec. (c)(3)(C), was in the original ‘‘the enactment of this Act’’, and ‘‘the date of the enactment of this title’’ which were trans-lated as meaning the date of enactment of Pub. L. 101–596, title I of which enacted subsec. (c)(3), to reflect the probable intent of Congress.

AMENDMENTS

2016—Subsec. (c)(7)(B), (C). Pub. L. 114–322, § 5005(1), added subpars. (B) and (C) and struck out former sub-pars. (B) and (C) which related to focus areas in which the Initiative should prioritize programs and projects, and the selection of programs and projects for Great Lakes protection and restoration.

Subsec. (c)(7)(D)(i). Pub. L. 114–322, § 5005(2)(A), added cl. (i) and struck out former cl. (i). Prior to amend-ment, text read as follows: ‘‘Subject to subparagraph (G)(ii), funds made available to carry out the Initiative shall be used to strategically implement—

‘‘(I) Federal projects; and ‘‘(II) projects carried out in coordination with

States, Indian tribes, municipalities, institutions of higher education, and other organizations.’’ Subsec. (c)(7)(D)(ii)(I). Pub. L. 114–322, § 5005(2)(B),

substituted ‘‘(J)(i)’’ for ‘‘(G)(i)’’.

Subsec. (c)(7)(D)(iii). Pub. L. 114–322, § 5005(2)(C), added cl. (iii).

Subsec. (c)(7)(E) to (J). Pub. L. 114–322, § 5005(3), added subpars. (E) to (J) and struck out former subpars. (E) to (G) which related to scope of projects, activities by other Federal agencies, and funding for fiscal year 2016.

2015—Subsec. (c)(7). Pub. L. 114–113 added par. (7) and struck out former par. (7), which required a five-year study and demonstration projects relating to the con-trol and removal of toxic pollutants in the Great Lakes.

2014—Subsec. (c)(10) to (13). Pub. L. 113–188 redesig-nated pars. (11) to (13) as (10) to (12), respectively, and struck out former par. (10) which required submission of annual comprehensive reports.

2008—Subsec. (a)(3)(K), (L). Pub. L. 110–365, § 2, added subpars. (K) and (L).

Subsec. (c)(12)(B)(ii). Pub. L. 110–365, § 3(a), sub-stituted ‘‘sediment, including activities to restore aquatic habitat that are carried out in conjunction with a project for the remediation of contaminated sediment’’ for ‘‘sediment’’.

Subsec. (c)(12)(D). Pub. L. 110–365, § 3(b)(1), substituted ‘‘Limitations’’ for ‘‘Limitation’’ in heading.

Subsec. (c)(12)(D)(iii), (iv). Pub. L. 110–365, § 3(b)(2)–(4), added cls. (iii) and (iv).

Subsec. (c)(12)(E)(ii). Pub. L. 110–365, § 3(c), amended cl. (ii) generally. Prior to amendment, text read as fol-lows: ‘‘The non-Federal share of the cost of a project carried out under this paragraph may include the value of in-kind services contributed by a non-Federal spon-sor.’’

Subsec. (c)(12)(E)(iii). Pub. L. 110–365, § 3(d)(2), added cl. (iii). Former cl. (iii) redesignated (iv).

Subsec. (c)(12)(E)(iv). Pub. L. 110–365, § 3(d)(1), (3), re-designated cl. (iii) as (iv) and substituted ‘‘contribu-tion’’ for ‘‘service’’ in two places. Former cl. (iv) redes-ignated (v).

Subsec. (c)(12)(E)(v). Pub. L. 110–365, § 3(d)(1), redesig-nated cl. (iv) as (v).

Subsec. (c)(12)(F). Pub. L. 110–365, § 3(e), amended sub-par. (F) generally. Prior to amendment, text read as follows: ‘‘The Administrator may not carry out a project under this paragraph unless the non-Federal sponsor enters into such agreements with the Adminis-trator as the Administrator may require to ensure that the non-Federal sponsor will maintain its aggregate ex-penditures from all other sources for remediation pro-grams in the area of concern in which the project is lo-cated at or above the average level of such expendi-tures in the 2 fiscal years preceding the date on which the project is initiated.’’

Subsec. (c)(12)(H)(i). Pub. L. 110–365, § 3(f)(1), added cl. (i) and struck out former cl. (i). Prior to amendment, text read as follows: ‘‘In addition to other amounts au-thorized under this section, there is authorized to be appropriated to carry out this paragraph $50,000,000 for each of fiscal years 2004 through 2008.’’

Subsec. (c)(12)(H)(iii). Pub. L. 110–365, § 3(f)(2), added cl. (iii).

Subsec. (c)(13)(B). Pub. L. 110–365, § 3(g), substituted ‘‘2010’’ for ‘‘2008’’.

2002—Subsec. (c)(3)(E). Pub. L. 107–303, § 102, added subpar. (E).

Subsec. (c)(12), (13). Pub. L. 107–303, § 103, added pars. (12) and (13).

Subsec. (g). Pub. L. 107–303, § 104, substituted ‘‘con-strued—’’ for ‘‘construed to affect’’, inserted ‘‘(1) to af-fect’’ before ‘‘the jurisdiction’’, substituted ‘‘Lakes; or’’ for ‘‘Lakes.’’, and added par. (2).

Subsec. (h). Pub. L. 107–303, § 105, substituted ‘‘not to exceed—’’ for ‘‘not to exceed $11,000,000’’, inserted ‘‘(1) $11,000,000’’ before ‘‘per fiscal year for’’, substituted ‘‘1991;’’ for ‘‘1991.’’, added pars. (2) and (3), and struck out former last sentence which read as follows: ‘‘Of the amounts appropriated each fiscal year—

‘‘(1) 40 percent shall be used by the Great Lakes Na-tional Program Office on demonstration projects on the feasibility of controlling and removing toxic pol-lutants;


‘‘(2) 7 percent shall be used by the Great Lakes Na-tional Program Office for the program of nutrient monitoring; and

‘‘(3) 30 percent or $3,300,000, whichever is the lesser, shall be transferred to the National Oceanic and At-mospheric Administration for use by the Great Lakes Research Office.’’ 1990—Subsec. (a)(3)(F) to (J). Pub. L. 101–596, § 103,

added subpars. (F) to (J). Subsec. (c)(2) to (11). Pub. L. 101–596, §§ 101, 102, 104,

added pars. (2) to (5) after par. (1) and renumbered ex-isting paragraphs accordingly, which was executed by renumbering pars. (2) to (6) as (6) to (10), respectively, redesignated existing provisions of par. (7) as subpar. (A) and added subpars. (B) and (C), and added par. (11).

Subsec. (e)(3). Pub. L. 101–596, § 106, added par. (3). Subsec. (h). Pub. L. 101–596, § 105, substituted ‘‘and

1990, and $25,000,000 for fiscal year 1991’’ for ‘‘1990, and 1991’’ in introductory provisions and inserted ‘‘or $3,300,000, whichever is the lesser,’’ after ‘‘30 percent’’ in par. (3).

1988—Subsecs. (a)(1)(B), (2), (c)(1)(A), (6)(A), (D), (e)(2)(A), (f). Pub. L. 100–688 inserted ‘‘, as amended by the Water Quality Agreement of 1987 and any other agreements and amendments,’’ after ‘‘the Great Lakes Water Quality Agreement of 1978’’.



NOTIFICATION REQUIREMENTS

Pub. L. 114–113, div. G, title IV, § 425, Dec. 18, 2015, 129 Stat. 2580, provided that:

‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’


‘‘(2) AFFECTED STATE.—The term ‘affected State’ means any of the Great Lakes States (as defined in section 118(a)(3) of the Federal Water Pollution Con-trol Act (33 U.S.C. 1268(a)(3))).

‘‘(3) DISCHARGE.—The term ‘discharge’ means a dis-charge as defined in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362).

‘‘(4) GREAT LAKES.—The term ‘Great Lakes’ means any of the waters as defined in section 118(a)(3) of the Federal Water Pollution Control Act (33 U.S.C. 1268(a)(3)).

‘‘(5) TREATMENT WORKS.—The term ‘treatment works’ has the meaning given the term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292). ‘‘(b) REQUIREMENTS.—

‘‘(1) IN GENERAL.—The Administrator shall work with affected States having publicly owned treat-ment works that discharge to the Great Lakes to cre-ate public notice requirements for a combined sewer overflow discharge to the Great Lakes.

‘‘(2) NOTICE REQUIREMENTS.—The notice require-ments referred to in paragraph (1) shall provide for—

‘‘(i) the method of the notice; ‘‘(ii) the contents of the notice, in accordance

with paragraph (3); and ‘‘(iii) requirements for public availability of the

notice. ‘‘(3) MINIMUM REQUIREMENTS.—

‘‘(A) IN GENERAL.—The contents of the notice under paragraph (1) shall include—

‘‘(i) the dates and times of the applicable dis-charge;

‘‘(ii) the volume of the discharge; and

‘‘(iii) a description of any public access areas impacted by the discharge. ‘‘(B) CONSISTENCY.—The minimum requirements

under this paragraph shall be consistent for all af-fected States. ‘‘(4) ADDITIONAL REQUIREMENTS.—The Administrator

shall work with the affected States to include— ‘‘(A) follow-up notice requirements that provide a

description of— ‘‘(i) each applicable discharge; ‘‘(ii) the cause of the discharge; and ‘‘(iii) plans to prevent a reoccurrence of a com-

bined sewer overflow discharge to the Great Lakes consistent with section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) or an administrative order or consent decree under such Act; and ‘‘(B) annual publication requirements that list

each treatment works from which the Adminis-trator or the affected State receive a follow-up no-tice. ‘‘(5) TIMING.—

‘‘(A) The notice and publication requirements de-scribed in this subsection shall be implemented by not later than 2 years after the date of enactment of this Act [Dec. 18, 2015].

‘‘(B) The Administrator of the EPA may extend the implementation deadline for individual commu-nities if the Administrator determines the commu-nity needs additional time to comply in order to avoid undue economic hardship. ‘‘(6) STATE ACTION.—Nothing in this subsection pro-

hibits an affected State from establishing a State no-tice requirement in the event of a discharge that is more stringent than the requirements described in this subsection.’’

FUNDS CONTRIBUTED BY A NON-FEDERAL SPONSOR

Pub. L. 108–447, div. I, title III, Dec. 8, 2004, 118 Stat. 3332, provided in part that: ‘‘The Administrator [of the Environmental Protection Agency] may hereafter re-ceive and use funds contributed by a non-Federal spon-sor as its share of the cost of a project to carry out a project under paragraph (c)(12) [now (c)(11)] of section 118 of the Federal Water Pollution Control Act [33 U.S.C. 1268(c)(11)], as amended.’’

GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT REMEDIATION

Pub. L. 101–640, title IV, § 401, Nov. 28, 1990, 104 Stat. 4644, as amended by Pub. L. 104–303, title V, § 515, Oct. 12, 1996, 110 Stat. 3763; Pub. L. 106–53, title V, § 505, Aug. 17, 1999, 113 Stat. 338; Pub. L. 106–541, title III, § 344, Dec. 11, 2000, 114 Stat. 2613; Pub. L. 110–114, title V, § 5012, Nov. 8, 2007, 121 Stat. 1195, provided that:

‘‘(a) GREAT LAKES REMEDIAL ACTION PLANS.— ‘‘(1) IN GENERAL.—The Secretary may provide tech-

nical, planning, and engineering assistance to State and local governments and nongovernmental entities designated by a State or local government in the de-velopment and implementation of remedial action plans for Areas of Concern in the Great Lakes identi-fied under the Great Lakes Water Quality Agreement of 1978.

‘‘(2) NON-FEDERAL SHARE.— ‘‘(A) IN GENERAL.—Non-Federal interests shall

contribute, in cash or by providing in-kind con-tributions, 35 percent of costs of activities for which assistance is provided under paragraph (1).

‘‘(B) CONTRIBUTIONS BY ENTITIES.—Nonprofit pub-lic or private entities may contribute all or a por-tion of the non-Federal share.

‘‘(b) SEDIMENT REMEDIATION PROJECTS.— ‘‘(1) IN GENERAL.—The Secretary, in consultation

with the Administrator of the Environmental Protec-tion Agency (acting through the Great Lakes Na-tional Program Office), may conduct pilot- and full- scale projects of promising technologies to remediate contaminated sediments in freshwater coastal re-


gions in the Great Lakes basin. The Secretary shall conduct not fewer than 3 full-scale projects under this subsection.

‘‘(2) SITE SELECTION FOR PROJECTS.—In selecting the sites for the technology projects, the Secretary shall give priority consideration to Saginaw Bay, Michi-gan, Sheboygan Harbor, Wisconsin, Grand Calumet River, Indiana, Ashtabula River, Ohio, Buffalo River, New York, and Duluth-Superior Harbor, Minnesota and Wisconsin.

‘‘(3) NON-FEDERAL SHARE.—Non-Federal interests shall contribute 35 percent of costs of projects under this subsection. Such costs may be paid in cash or by providing in-kind contributions. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is au-

thorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2001 through 2012.’’

EX. ORD. NO. 13340. ESTABLISHMENT OF GREAT LAKES INTERAGENCY TASK FORCE AND PROMOTION OF A RE-GIONAL COLLABORATION OF NATIONAL SIGNIFICANCE FOR THE GREAT LAKES

Ex. Ord. No. 13340, May 18, 2004, 69 F.R. 29043, pro-vided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, and to help establish a regional collaboration of national significance for the Great Lakes, it is here-by ordered as follows:

SECTION 1. Policy. The Great Lakes are a national treasure constituting the largest freshwater system in the world. The United States and Canada have made great progress addressing past and current environ-mental impacts to the Great Lakes ecology. The Fed-eral Government is committed to making progress on the many significant challenges that remain. Along with numerous State, tribal, and local programs, over 140 Federal programs help fund and implement environ-mental restoration and management activities throughout the Great Lakes system. A number of inter-governmental bodies are providing leadership in the re-gion to address environmental and resource manage-ment issues in the Great Lakes system. These activi-ties would benefit substantially from more systematic collaboration and better integration of effort. It is the policy of the Federal Government to support local and regional efforts to address environmental challenges and to encourage local citizen and community steward-ship. To this end, the Federal Government will partner with the Great Lakes States, tribal and local govern-ments, communities, and other interests to establish a regional collaboration to address nationally significant environmental and natural resource issues involving the Great Lakes. It is the further policy of the Federal Government that its executive departments and agen-cies will ensure that their programs are funding effec-tive, coordinated, and environmentally sound activities in the Great Lakes system.

SEC. 2. Definitions. For purposes of this order: (a) ‘‘Great Lakes’’ means Lake Ontario, Lake Erie,

Lake Huron (including Lake Saint Clair), Lake Michi-gan, and Lake Superior, and the connecting channels (Saint Marys River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to the Cana-dian Border).

(b) ‘‘Great Lakes system’’ means all the streams, riv-ers, lakes, and other bodies of water within the drain-age basin of the Great Lakes.

SEC. 3. Great Lakes Interagency Task Force. (a) Task Force Purpose. To further the policy de-

scribed in section 1 of this order, there is established, within the Environmental Protection Agency for ad-ministrative purposes, the ‘‘Great Lakes Interagency Task Force’’ (Task Force) to:

(i) Help convene and establish a process for collabo-ration among the members of the Task Force and the members of the Working Group that is established in paragraph b(ii) of this section, with the Great Lakes States, local communities, tribes, regional bodies,

and other interests in the Great Lakes region regard-ing policies, strategies, plans, programs, projects, ac-tivities, and priorities for the Great Lakes system.

(ii) Collaborate with Canada and its provinces and with bi-national bodies involved in the Great Lakes region regarding policies, strategies, projects, and priorities for the Great Lakes system.

(iii) Coordinate the development of consistent Fed-eral policies, strategies, projects, and priorities for addressing the restoration and protection of the Great Lakes system and assisting in the appropriate management of the Great Lakes system.

(iv) Develop outcome-based goals for the Great Lakes system relying upon, among other things, ex-isting data and science-based indicators of water quality and related environmental factors. These goals shall focus on outcomes such as cleaner water, sustainable fisheries, and biodiversity of the Great Lakes system and ensure that Federal policies, strat-egies, projects, and priorities support measurable re-sults.

(v) Exchange information regarding policies, strate-gies, projects, and activities of the agencies rep-resented on the Task Force related to the Great Lakes system.

(vi) Work to coordinate government action associ-ated with the Great Lakes system.

(vii) Ensure coordinated Federal scientific and other research associated with the Great Lakes sys-tem.

(viii) Ensure coordinated government development and implementation of the Great Lakes portion of the Global Earth Observation System of Systems.

(ix) Provide assistance and support to agencies rep-resented on the Task Force in their activities related to the Great Lakes system.

(x) Submit a report to the President by May 31, 2005, and thereafter as appropriate, that summarizes the activities of the Task Force and provides any rec-ommendations that would, in the judgment of the Task Force, advance the policy set forth in section 1 of this order. (b) Membership and Operation.

(i) The Task Force shall consist exclusively of the following officers of the United States: the Adminis-trator of the Environmental Protection Agency (who shall chair the Task Force), the Secretary of State, the Secretary of the Interior, the Secretary of Agri-culture, the Secretary of Commerce, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Secretary of Homeland Security, the Secretary of the Army, and the Chairman of the Council on Environmental Quality. A member of the Task Force may designate, to perform the Task Force functions of the member, any person who is part of the member’s department, agency, or office and who is either an officer of the United States ap-pointed by the President or a full-time employee serving in a position with pay equal to or greater than the minimum rate payable for GS–15 of the Gen-eral Schedule. The Task Force shall report to the President through the Chairman of the Council on Environmental Quality.

(ii) The Task Force shall establish a ‘‘Great Lakes Regional Working Group’’ (Working Group) composed of the appropriate regional administrator or director with programmatic responsibility for the Great Lakes system for each agency represented on the Task Force including: the Great Lakes National Pro-gram Office of the Environmental Protection Agency; the United States Fish and Wildlife Service, National Park Service, and United States Geological Survey within the Department of the Interior; the Natural Resources Conservation Service and the Forest Serv-ice of the Department of Agriculture; the National Oceanic and Atmospheric Administration of the De-partment of Commerce; the Department of Housing and Urban Development; the Department of Trans-portation; the Coast Guard within the Department of Homeland Security; and the Army Corps of Engineers


within the Department of the Army. The Working Group will coordinate and make recommendations on how to implement the policies, strategies, projects, and priorities of the Task Force. (c) Management Principles for Regional Collabora-

tion of National Significance. To further the policy de-scribed in section 1, the Task Force shall recognize and apply key principles and foster conditions to ensure successful collaboration. To that end, the Environ-mental Protection Agency will coordinate the develop-ment of a set of principles of successful collaboration.

SEC. 4. Great Lakes National Program Office. The Great Lakes National Program Office of the Environmental Protection Agency shall assist the Task Force and the Working Group in the performance of their functions. The Great Lakes National Program Manager shall serve as chair of the Working Group.

SEC. 5. Preservation of Authority. Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, regu-latory, and legislative proposals. Nothing in this order shall be construed to affect the statutory authority or obligations of any Federal agency or any bi-national agreement with Canada.

SEC. 6. Judicial Review. This order is intended only to improve the internal management of the Federal Gov-ernment and is not intended to, and does not, create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agen-cies, instrumentalities or entities, its officers or em-ployees, or any other person.

GEORGE W. BUSH.

§ 1268a. Great Lakes restoration activities report

(a) For purposes of this section the following definitions apply:

(1) The terms ‘‘Great Lakes’’ and ‘‘Great Lakes State’’ have the same meanings as such terms have in section 1962d–22 of title 42.

(2) The term ‘‘Great Lakes restoration ac-tivities’’ means any Federal or State activity primarily or entirely within the Great Lakes watershed that seeks to improve the overall health of the Great Lakes ecosystem.

(b) Hereafter, not later than 45 days after sub-mission of the budget of the President to Con-gress, the Director of the Office of Management and Budget, in coordination with the Governor of each Great Lakes State and the Great Lakes Interagency Task Force, shall submit to the ap-propriate authorizing and appropriating com-mittees of the Senate and the House of Rep-resentatives a financial report, certified by the Secretary of each agency that has budget au-thority for Great Lakes restoration activities, containing—

(1) an interagency budget crosscut report that—

(A) displays the budget proposed, including any planned interagency or intra-agency transfer, for each of the Federal agencies that carries out Great Lakes restoration ac-tivities in the upcoming fiscal year, sepa-rately reporting the amount of funding to be provided under existing laws pertaining to the Great Lakes ecosystem; and

(B) identifies all expenditures in each of the 5 prior fiscal years by the Federal Gov-ernment and State governments for Great Lakes restoration activities;

(2) a detailed accounting of all funds re-ceived and obligated by all Federal agencies

and, to the extent available, State agencies using Federal funds, for Great Lakes restora-tion activities during the current and previous fiscal years;

(3) a budget for the proposed projects (in-cluding a description of the project, authoriza-tion level, and project status) to be carried out in the upcoming fiscal year with the Federal portion of funds for activities; and

(4) a listing of all projects to be undertaken in the upcoming fiscal year with the Federal portion of funds for activities.

(Pub. L. 113–76, div. E, title VII, § 738, Jan. 17, 2014, 128 Stat. 238.)

CODIFICATION

Section was enacted as part of the Financial Services and General Government Appropriations Act, 2014, and also as part of the Consolidated Appropriations Act, 2014, and not as part of the Federal Water Pollution Control Act which comprises this chapter.

§ 1269. Long Island Sound

(a) Office of Management Conference of the Long Island Sound Study

The Administrator shall continue the Manage-ment Conference of the Long Island Sound Study (hereinafter referred to as the ‘‘Con-ference’’) as established pursuant to section 1330 of this title, and shall establish an office (here-inafter referred to as the ‘‘Office’’) to be located on or near Long Island Sound.

(b) Administration and staffing of Office

The Office shall be headed by a Director, who shall be detailed by the Administrator, follow-ing consultation with the Administrators of EPA regions I and II, from among the employees of the Agency who are in civil service. The Ad-ministrator shall delegate to the Director such authority and detail such additional staff as may be necessary to carry out the duties of the Director under this section.

(c) Duties of Office

The Office shall assist the Management Con-ference of the Long Island Sound Study in car-rying out its goals. Specifically, the Office shall—

(1) assist and support the implementation of the Comprehensive Conservation and Manage-ment Plan for Long Island Sound developed pursuant to section 1330 of this title, including efforts to establish, within the process for granting watershed general permits, a system for promoting innovative methodologies and technologies that are cost-effective and con-sistent with the goals of the Plan;

(2) conduct or commission studies deemed necessary for strengthened implementation of the Comprehensive Conservation and Manage-ment Plan including, but not limited to—

(A) population growth and the adequacy of wastewater treatment facilities,

(B) the use of biological methods for nutri-ent removal in sewage treatment plants,

(C) contaminated sediments, and dredging activities,

(D) nonpoint source pollution abatement and land use activities in the Long Island Sound watershed,


(E) wetland protection and restoration, (F) atmospheric deposition of acidic and

other pollutants into Long Island Sound, (G) water quality requirements to sustain

fish, shellfish, and wildlife populations, and the use of indicator species to assess envi-ronmental quality,

(H) State water quality programs, for their adequacy pursuant to implementation of the Comprehensive Conservation and Manage-ment Plan, and

(I) options for long-term financing of wastewater treatment projects and water pollution control programs.

(3) coordinate the grant, research and plan-ning programs authorized under this section;

(4) coordinate activities and implementation responsibilities with other Federal agencies which have jurisdiction over Long Island Sound and with national and regional marine monitoring and research programs established pursuant to the Marine Protection, Research, and Sanctuaries Act [16 U.S.C. 1431 et seq., 1447 et seq.; 33 U.S.C. 1401 et seq., 2801 et seq.];

(5) provide administrative and technical sup-port to the conference;

(6) collect and make available to the public publications, and other forms of information the conference determines to be appropriate, relating to the environmental quality of Long Island Sound;

(7) not more than two years after the date of the issuance of the final Comprehensive Con-servation and Management Plan for Long Is-land Sound under section 1330 of this title, and biennially thereafter, issue a report to the Congress which—

(A) summarizes the progress made by the States in implementing the Comprehensive Conservation and Management Plan;

(B) summarizes any modifications to the Comprehensive Conservation and Manage-ment Plan in the twelve-month period im-mediately preceding such report; and

(C) incorporates specific recommendations concerning the implementation of the Com-prehensive Conservation and Management Plan; and

(8) convene conferences and meetings for leg-islators from State governments and political subdivisions thereof for the purpose of making recommendations for coordinating legislative efforts to facilitate the environmental restora-tion of Long Island Sound and the implemen-tation of the Comprehensive Conservation and Management Plan.

(d) Grants

(1) The Administrator is authorized to make grants for projects and studies which will help implement the Long Island Sound Comprehen-sive Conservation and Management Plan. Spe-cial emphasis shall be given to implementation, research and planning, enforcement, and citizen involvement and education.

(2) State, interstate, and regional water pollu-tion control agencies, and other public or non-profit private agencies, institutions, and organi-zations held to be eligible for grants pursuant to this subsection.

(3) Citizen involvement and citizen education grants under this subsection shall not exceed 95 per centum of the costs of such work. All other grants under this subsection shall not exceed 50 per centum of the research, studies, or work. All grants shall be made on the condition that the non-Federal share of such costs are provided from non-Federal sources.

(e) Assistance to distressed communities

(1) Eligible communities

For the purposes of this subsection, a dis-tressed community is any community that meets affordability criteria established by the State in which the community is located, if such criteria are developed after public review and comment.

(2) Priority

In making assistance available under this section for the upgrading of wastewater treat-ment facilities, the Administrator may give priority to a distressed community.

(f) Authorizations

(1) There is authorized to be appropriated to the Administrator for the implementation of this section, other than subsection (d), such sums as may be necessary for each of the fiscal years 2001 through 2010.

(2) There is authorized to be appropriated to the Administrator for the implementation of subsection (d) not to exceed $40,000,000 for each of fiscal years 2001 through 2010.

(June 30, 1948, ch. 758, title I, § 119, as added Pub. L. 101–596, title II, § 202, Nov. 16, 1990, 104 Stat. 3004; amended Pub. L. 104–303, title V, § 583, Oct. 12, 1996, 110 Stat. 3791; Pub. L. 106–457, title IV, §§ 402—404, Nov. 7, 2000, 114 Stat. 1973; Pub. L. 109–137, § 1, Dec. 22, 2005, 119 Stat. 2646.)

REFERENCES IN TEXT

The Marine Protection, Research, and Sanctuaries Act, referred to in subsec. (c)(4), probably means the Marine Protection, Research, and Sanctuaries Act of 1972, Pub. L. 92–532, Oct. 23, 1972, 86 Stat. 1052, as amended, which is classified generally to chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Con-servation, and chapters 27 (§ 1401 et seq.) and 41 (§ 2801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec-tion 1401 of this title and Tables.

AMENDMENTS

2005—Subsec. (f). Pub. L. 109–137 substituted ‘‘2010’’ for ‘‘2005’’ in pars. (1) and (2).

2000—Subsec. (c)(1). Pub. L. 106–457, § 402, inserted be-fore semicolon at end ‘‘, including efforts to establish, within the process for granting watershed general per-mits, a system for promoting innovative methodologies and technologies that are cost-effective and consistent with the goals of the Plan’’.

Subsec. (e). Pub. L. 106–457, § 403(2), added subsec. (e). Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 106–457, §§ 403(1), 404, redesignated subsec. (e) as (f) and substituted ‘‘2001 through 2005’’ for ‘‘1991 through 2001’’ in par. (1) and ‘‘not to exceed $40,000,000 for each of fiscal years 2001 through 2005’’ for ‘‘not to exceed $3,000,000 for each of the fiscal years 1991 through 2001’’ in par. (2).

1996—Subsec. (e). Pub. L. 104–303 substituted ‘‘2001’’ for ‘‘1996’’ in pars. (1) and (2).

LONG ISLAND SOUND STEWARDSHIP

Pub. L. 109–359, Oct. 16, 2006, 120 Stat. 2049, provided that:


‘‘SECTION 1. SHORT TITLE.

‘‘This Act may be cited as the ‘Long Island Sound Stewardship Act of 2006’.

‘‘SEC. 2. FINDINGS AND PURPOSE.

‘‘(a) FINDINGS.—Congress finds that— ‘‘(1) Long Island Sound is a national treasure of

great cultural, environmental, and ecological impor-tance;

‘‘(2) 8,000,000 people live within the Long Island Sound watershed and 28,000,000 people (approximately 10 percent of the population of the United States) live within 50 miles of Long Island Sound;

‘‘(3) activities that depend on the environmental health of Long Island Sound contribute more than $5,000,000,000 each year to the regional economy;

‘‘(4) the portion of the shoreline of Long Island Sound that is accessible to the general public (esti-mated at less than 20 percent of the total shoreline) is not adequate to serve the needs of the people living in the area;

‘‘(5) existing shoreline facilities are in many cases overburdened and underfunded;

‘‘(6) large parcels of open space already in public ownership are strained by the effort to balance the demand for recreation with the needs of sensitive natural resources;

‘‘(7) approximately 1/3 of the tidal marshes of Long Island Sound have been filled, and much of the re-maining marshes have been ditched, diked, or im-pounded, reducing the ecological value of the marshes; and

‘‘(8) much of the remaining exemplary natural land-scape is vulnerable to further development. ‘‘(b) PURPOSE.—The purpose of this Act is to establish

the Long Island Sound Stewardship Initiative to iden-tify, protect, and enhance upland sites within the Long Island Sound ecosystem with significant ecological, educational, open space, public access, or recreational value through a bi-State network of sites best exem-plifying these values.


‘‘In this Act, the following definitions apply: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’


‘‘(2) ADVISORY COMMITTEE.—The term ‘Advisory Committee’ means the Long Island Sound Steward-ship Advisory Committee established by section 8.

‘‘(3) REGION.—The term ‘Region’ means the Long Is-land Sound Stewardship Initiative Region established by section 4(a).

‘‘(4) STATE.—The term ‘State’ means each of the States of Connecticut and New York.

‘‘(5) STEWARDSHIP.—The term ‘stewardship’ means land acquisition, land conservation agreements, site planning, plan implementation, land and habitat management, public access improvements, site mon-itoring, and other activities designed to enhance and preserve natural resource-based recreation and eco-logical function of upland areas.

‘‘(6) STEWARDSHIP SITE.—The term ‘stewardship site’ means any area of State, local, or tribal govern-ment, or privately owned land within the Region that is designated by the Administrator under section 5(a).

‘‘(7) SYSTEMATIC SITE SELECTION.—The term ‘sys-tematic site selection’ means a process of selecting stewardship sites that—

‘‘(A) has explicit goals, methods, and criteria; ‘‘(B) produces feasible, repeatable, and defensible

results; ‘‘(C) provides for consideration of natural, phys-

ical, and biological patterns; ‘‘(D) addresses replication, connectivity, species

viability, location, and public recreation values; ‘‘(E) uses geographic information systems tech-

nology and algorithms to integrate selection cri-teria; and

‘‘(F) will result in achieving the goals of steward-ship site selection at the lowest cost.

‘‘(8) QUALIFIED APPLICANTS.—The term ‘qualified ap-plicant’ means a non-Federal person that owns title to property located within the borders of the Region.

‘‘(9) THREAT.—The term ‘threat’ means a threat that is likely to destroy or seriously degrade a con-servation target or a recreation area.

‘‘SEC. 4. LONG ISLAND SOUND STEWARDSHIP INI-TIATIVE REGION.

‘‘(a) ESTABLISHMENT.—There is established in the States of Connecticut and New York the Long Island Sound Stewardship Initiative Region.

‘‘(b) BOUNDARIES.—The Region consists of the imme-diate coastal upland areas along—

‘‘(1) Long Island Sound between mean high water and the inland boundary, as described on the map en-titled ‘Long Island Sound Stewardship Region’ and dated April 21, 2004; and

‘‘(2) the Peconic Estuary as described on the map entitled ‘Peconic Estuary Program Study Area Boundaries’ and included in the Comprehensive Con-servation and Management Plan for the Peconic Es-tuary Program and dated November 15, 2001.

‘‘SEC. 5. DESIGNATION OF STEWARDSHIP SITES.

‘‘(a) IN GENERAL.—The Administrator may designate a stewardship site in accordance with this Act any area that contributes to accomplishing the purpose of this Act.

‘‘(b) PUBLICATION OF LIST OF RECOMMENDED SITES.— The Administrator shall—

‘‘(1) publish in the Federal Register and make avail-able in general circulation in the States of Connecti-cut and New York the list of sites recommended by the Advisory Committee; and

‘‘(2) provide a 90-day period for— ‘‘(A) the submission of public comment on the

list; and ‘‘(B) an opportunity for owners of such sites to de-

cline designation of such sites as stewardship sites. ‘‘(c) OPINION REGARDING OWNER’S RESPONSIBILITIES.—

The Administrator may not designate an area as a stewardship site under this Act unless the Adminis-trator provides to the owner of the area, and the owner acknowledges to the Administrator receipt of, a com-prehensive opinion in plain English setting forth ex-pressly the responsibility of the owner that arises from such designation.

‘‘(d) DESIGNATION OF STEWARDSHIP SITES.—Not later than 150 days after receiving from the Advisory Com-mittee its list of recommended sites, the Adminis-trator—

‘‘(1) shall review the recommendations of the Advi-sory Committee; and

‘‘(2) may designate as a stewardship site any site included in the list.

‘‘SEC. 6. RECOMMENDATIONS BY ADVISORY COM-MITTEE.

‘‘(a) IN GENERAL.—The Advisory Committee shall— ‘‘(1) in accordance with this section, evaluate appli-

cations— ‘‘(A) for designation of areas as stewardship sites; ‘‘(B) to develop management plans to address

threats to stewardship sites; and ‘‘(C) to act on opportunities to protect and en-

hance stewardship sites; ‘‘(2) develop recommended guidelines, criteria,

schedules, and due dates for the submission of appli-cations and the evaluation by the Advisory Commit-tee of information to recommend areas for designa-tion as stewardship sites that fulfill terms of a multiyear management plan;

‘‘(3) recommend to the Administrator a list of sites for designation as stewardship sites that further the purpose of this Act;

‘‘(4) develop management plans to address threats to stewardship sites;

‘‘(5) raise awareness of the values of and threats to stewardship sites;

‘‘(6) recommend that the Administrator award grants to qualified applicants; and


‘‘(7) recommend to the Administrator ways to le-verage additional resources for improved stewardship of the Region. ‘‘(b) IDENTIFICATION OF SITES.—

‘‘(1) IN GENERAL.—Any qualified applicant may sub-mit an application to the Advisory Committee to have a site recommended to the Administrator for designation as a stewardship site.

‘‘(2) IDENTIFICATION.—The Advisory Committee shall review each application submitted under this subsection to determine whether the site exhibits values that promote the purpose of this Act.

‘‘(3) NATURAL RESOURCE-BASED RECREATION AREAS.— In reviewing an application for recommendation of a recreation area for designation as a stewardship site, the Advisory Committee may use a selection tech-nique that includes consideration of—

‘‘(A) public access; ‘‘(B) community support; ‘‘(C) high population density; ‘‘(D) environmental justice (as defined in section

385.3 of title 33, Code of Federal Regulations (or suc-cessor regulations));

‘‘(E) open spaces; and ‘‘(F) cultural, historic, and scenic characteristics.

‘‘(4) NATURAL AREAS WITH ECOLOGICAL VALUE.—In re-viewing an application for recommendation of a natu-ral area with ecological value for designation as a stewardship site, the Advisory Committee may use a selection technique that includes consideration of—

‘‘(A) measurable conservation targets for the Re-gion; and

‘‘(B) prioritizing new sites using systematic site selection, which shall include consideration of—

‘‘(i) ecological uniqueness; ‘‘(ii) species viability; ‘‘(iii) habitat heterogeneity; ‘‘(iv) size; ‘‘(v) quality; ‘‘(vi) open spaces; ‘‘(vii) land cover; ‘‘(viii) scientific, research, or educational value;

and ‘‘(ix) threats.

‘‘(5) DEVIATION FROM PROCESS.—The Advisory Com-mittee may accept an application to recommend a site other than as provided in this subsection, if the Advisory Committee—

‘‘(A) determines that the site makes significant ecological or recreational contributions to the Re-gion; and

‘‘(B) provides to the Administrator the reasons for deviating from the process otherwise described in this subsection.

‘‘(c) SUBMISSION OF LIST OF RECOMMENDED SITES.— ‘‘(1) IN GENERAL.—After completion of the site iden-

tification process set forth in subsection (b), the Ad-visory Committee shall submit to the Administrator its list of sites recommended for designation as stew-ardship sites.

‘‘(2) LIMITATION.—The Advisory Committee shall not include a site in the list submitted under this subsection unless, prior to submission of the list, the owner of the site is—

‘‘(A) notified of the inclusion of the site in the list; and

‘‘(B) allowed to decline inclusion of the site in the list. ‘‘(3) PUBLIC COMMENT.—In identifying sites for in-

clusion in the list, the Advisory Committee shall pro-vide an opportunity for submission of, and consider, public comments.

‘‘SEC. 7. GRANTS AND ASSISTANCE.

‘‘(a) IN GENERAL.—The Administrator may provide grants, subject to the availability of appropriations, and other assistance for projects to fulfill the purpose of this Act.

‘‘(b) FEDERAL SHARE.—The Federal share of the cost of an activity carried out using any assistance or grant

under this Act shall not exceed 60 percent of the total cost of the activity.

‘‘SEC. 8. LONG ISLAND SOUND STEWARDSHIP AD-VISORY COMMITTEE.

‘‘(a) ESTABLISHMENT.—There is established a commit-tee to be known as the ‘Long Island Sound Stewardship Advisory Committee’.

‘‘(b) MEMBERSHIP.— ‘‘(1) IN GENERAL.—The Administrator may appoint

the members of the Advisory Committee in accord-ance with this subsection and the guidance in section 320(c) of the Federal Water Pollution Control Act (33 U.S.C. 1330(c)), except that the Governor of each State may appoint 2 members of the Advisory Com-mittee.

‘‘(2) ADDITIONAL MEMBERS.—In addition to the other members appointed under this subsection, the Advi-sory Committee may include—

‘‘(A) a representative of the Regional Plan Asso-ciation;

‘‘(B) a representative of marine trade organiza-tions; and

‘‘(C) a representative of private landowner inter-ests. ‘‘(3) CONSIDERATION OF INTERESTS.—In appointing

members of the Advisory Committee, the Adminis-trator shall consider—

‘‘(A) Federal, State, and local government inter-ests and tribal interests;

‘‘(B) the interests of nongovernmental organiza-tions;

‘‘(C) academic interests; ‘‘(D) private interests including land, agriculture,

and business interests; and ‘‘(E) recreational and commercial fishing inter-

ests. ‘‘(4) CHAIRPERSON.—In addition to the other mem-

bers appointed under this subsection, the Adminis-trator may appoint as a member of the Advisory Committee an individual to serve as the Chairperson, who may be the Director of the Long Island Sound Office of the Environmental Protection Agency.

‘‘(5) COMPLETION OF APPOINTMENTS.—The Adminis-trator shall complete the appointment of all mem-bers of the Advisory Committee by not later than 180 days after the date of enactment of this Act [Oct. 16, 2006].

‘‘(A) [sic] VACANCIES.—A vacancy on the Advisory Committee—

‘‘(i) shall be filled not later than 90 days after the vacancy occurs;

‘‘(ii) shall not affect the powers of the Advisory Committee; and

‘‘(iii) shall be filled in the same manner as the original appointment was made.

‘‘(c) TERM.— ‘‘(1) IN GENERAL.—A member of the Advisory Com-

mittee shall be appointed for a term of 4 years. ‘‘(2) MULTIPLE TERMS.—An individual may be ap-

pointed as a member of the Advisory Committee for more than 1 term. ‘‘(d) POWERS.—The Advisory Committee may hold

such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Advisory Committee considers advisable to carry out this Act.

‘‘(e) MEETINGS.— ‘‘(1) IN GENERAL.—The Advisory Committee shall

meet at the call of the Chairperson, but no fewer than 4 times each year.

‘‘(2) INITIAL MEETING.—Not later than 30 days after the date on which all members of the Advisory Com-mittee have been appointed, the Chairperson shall call the initial meeting of the Advisory Committee.

‘‘(3) QUORUM.—A majority of the members of the Advisory Committee shall constitute a quorum, but a lesser number of members may hold hearings. ‘‘(f) ADAPTIVE MANAGEMENT.—

‘‘(1) IN GENERAL.—The Advisory Committee shall use an adaptive management framework to identify the best policy initiatives and actions through—


‘‘(A) definition of strategic goals; ‘‘(B) definition of policy options for methods to

achieve strategic goals; ‘‘(C) establishment of measures of success; ‘‘(D) identification of uncertainties; ‘‘(E) development of informative models of policy

implementation; ‘‘(F) separation of the landscape into geographic

units; ‘‘(G) monitoring key responses at different spatial

and temporal scales; and ‘‘(H) evaluation of outcomes and incorporation

into management strategies. ‘‘(2) APPLICATION OF ADAPTIVE MANAGEMENT FRAME-

WORK.—The Advisory Committee shall apply the adaptive management framework to the process for making recommendations under subsections (b) through (f) of section 6 to the Administrator regard-ing sites that should be designated as stewardship sites.

‘‘(3) ADAPTIVE MANAGEMENT.—The adaptive manage-ment framework required by this subsection shall consist of a scientific process—

‘‘(A) for— ‘‘(i) developing predictive models; ‘‘(ii) making management policy decisions

based upon the model outputs; ‘‘(iii) revising the management policies as data

become available with which to evaluate the poli-cies; and

‘‘(iv) acknowledging uncertainty, complexity, and variance in the spatial and temporal aspects of natural systems; and ‘‘(B) that requires that management be viewed as

experimental. ‘‘(g) TERMINATION OF ADVISORY COMMITTEE.—The Ad-

visory Committee shall terminate on December 31, 2011.

‘‘SEC. 9. REPORTS.

‘‘(a) ADMINISTRATOR.—The Administrator shall pub-lish and make available to the public on the Internet and in paper form—

‘‘(1) not later than 1 year after the date of enact-ment of this Act [Oct. 16, 2006], a report that—

‘‘(A) assesses the role of this Act in protecting the Long Island Sound;

‘‘(B) establishes in coordination with the Advi-sory Committee guidelines, criteria, schedules, and due dates for evaluating information to designate stewardship sites;

‘‘(C) includes information about any grants that are available for the purchase of land or property rights to protect stewardship sites; and

‘‘(D) accounts for funds received and expended during the previous fiscal year; ‘‘(2) an update of such report, at least every other

year; and ‘‘(3) information on funding and any new steward-

ship sites more frequently than every other year. ‘‘(b) ADVISORY COMMITTEE.—

‘‘(1) REPORT.—For each of fiscal years 2007 through 2011, the Advisory Committee shall submit to the Ad-ministrator and the decisionmaking body of the Long Island Sound Study Management Conference estab-lished under section 320 of the Federal Water Pollu-tion Control Act (33 U.S.C. 1330), an annual report that contains—

‘‘(A) a detailed statement of the findings and con-clusions of the Advisory Committee since the last report under this subsection;

‘‘(B) a description of all sites recommended by the Advisory Committee to the Administrator for des-ignation as stewardship sites;

‘‘(C) the recommendations of the Advisory Com-mittee for such legislation and administrative ac-tions as the Advisory Committee considers appro-priate; and

‘‘(D) in accordance with paragraph (2), the recom-mendations of the Advisory Committee for the awarding of grants.

‘‘(2) RECOMMENDATION FOR GRANTS.— ‘‘(A) IN GENERAL.—The Advisory Committee shall

recommend that the Administrator award grants to qualified applicants to help to secure and improve the open space, public access, or ecological values of stewardship sites, through—

‘‘(i) purchase of the property of a stewardship site;

‘‘(ii) purchase of relevant property rights to a stewardship site; or

‘‘(iii) entering into any other binding legal ar-rangement that ensures that the values of a stew-ardship site are sustained, including entering into an arrangement with a land manager or property owner to develop or implement a management plan that is necessary for the conservation of nat-ural resources. ‘‘(B) EQUITABLE DISTRIBUTION OF FUNDS.—The Ad-

visory Committee shall exert due diligence to en-sure that its recommendations result in an equi-table distribution of funds between the States.

‘‘SEC. 10. PRIVATE PROPERTY PROTECTION; NO REGULATORY AUTHORITY.

‘‘(a) ACCESS TO PRIVATE PROPERTY.—Nothing in this Act—

‘‘(1) requires any private property owner to allow public access (including Federal, State, or local gov-ernment access) to the private property; or

‘‘(2) modifies the application of any provision of Federal, State, or local law with regard to public ac-cess to or use of private property, except as entered into by voluntary agreement of the owner or custo-dian of the property. ‘‘(b) LIABILITY.—Establishment of the Region does

not create any liability, or have any effect on any li-ability under any other law, of any private property owner with respect to any person injured on the private property.

‘‘(c) RECOGNITION OF AUTHORITY TO CONTROL LAND USE.—Nothing in this Act modifies the authority of Federal, State, or local governments to regulate land use.

‘‘(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS NOT REQUIRED.—Nothing in this Act requires the owner of any private property located within the boundaries of the Region to participate in any land conservation, financial or technical assistance, or other programs es-tablished under this Act.

‘‘(e) PURCHASE OF LAND OR INTEREST IN LAND FROM WILLING SELLERS ONLY.—Funds appropriated to carry out this Act may be used to purchase land or interests in land only from willing sellers.

‘‘(f) MANNER OF ACQUISITION.—All acquisitions of land under this Act shall be made in a voluntary manner and shall not be the result of forced takings.

‘‘(g) EFFECT OF ESTABLISHMENT.— ‘‘(1) IN GENERAL.—The boundaries of the Region rep-

resent the area within which Federal funds appro-priated for the purpose of this Act may be expended.

‘‘(2) REGULATORY AUTHORITY.—The establishment of the Region and the boundaries of the Region do not provide any regulatory authority not in existence im-mediately before the enactment of this Act [Oct. 16, 2006] on land use in the Region by any management entity, except for such property rights as may be pur-chased from or donated by the owner of the property (including public lands donated by a State or local government).

‘‘SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—There is authorized to be appro-priated to the Administrator $25,000,000 for each of fis-cal years 2007 through 2011 to carry out this Act, in-cluding for—

‘‘(1) acquisition of land and interests in land; ‘‘(2) development and implementation of site man-

agement plans; ‘‘(3) site enhancements to reduce threats or pro-

mote stewardship; and ‘‘(4) administrative expenses of the Advisory Com-

mittee and the Administrator.


‘‘(b) USE OF FUNDS.—Amounts made available to the Administrator under this section each fiscal year shall be used by the Administrator after reviewing the rec-ommendations included in the annual reports of the Advisory Committee under section 9.

‘‘(c) AUTHORIZATION OF GIFTS, DEVISES, AND BEQUESTS FOR SYSTEM.—In furtherance of the purpose of this Act, the Administrator may accept and use any gift, devise, or bequest of real or personal property, proceeds there-from, or interests therein, to carry out this Act. Such acceptance may be subject to the terms of any restric-tive or affirmative covenant, or condition of servitude, if such terms are considered by the Administrator to be in accordance with law and compatible with the pur-pose for which acceptance is sought.

‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Of the amount available each fiscal year to carry out this Act, not more than 8 percent may be used for administrative costs.’’

§ 1270. Lake Champlain Basin Program

(a) Establishment

(1) In general

There is established a Lake Champlain Man-agement Conference to develop a comprehen-sive pollution prevention, control, and res-toration plan for Lake Champlain. The Admin-istrator shall convene the management con-ference within ninety days of November 16, 1990.

(2) Implementation

The Administrator— (A) may provide support to the State of

Vermont, the State of New York, and the New England Interstate Water Pollution Control Commission for the implementation of the Lake Champlain Basin Program; and

(B) shall coordinate actions of the Envi-ronmental Protection Agency under sub-paragraph (A) with the actions of other ap-propriate Federal agencies.

(b) Membership

The Members of the Management Conference shall be comprised of—

(1) the Governors of the States of Vermont and New York;

(2) each interested Federal agency, not to exceed a total of five members;

(3) the Vermont and New York Chairpersons of the Vermont, New York, Quebec Citizens Advisory Committee for the Environmental Management of Lake Champlain;

(4) four representatives of the State legisla-ture of Vermont;

(5) four representatives of the State legisla-ture of New York;

(6) six persons representing local govern-ments having jurisdiction over any land or water within the Lake Champlain basin, as de-termined appropriate by the Governors; and

(7) eight persons representing affected indus-tries, nongovernmental organizations, public and private educational institutions, and the general public, as determined appropriate by the trigovernmental Citizens Advisory Com-mittee for the Environmental Management of Lake Champlain, but not to be current mem-bers of the Citizens Advisory Committee.

(c) Technical Advisory Committee

(1) The Management Conference shall, not later than one hundred and twenty days after

November 16, 1990, appoint a Technical Advisory Committee.

(2) Such Technical Advisory Committee shall consist of officials of: appropriate departments and agencies of the Federal Government; the State governments of New York and Vermont; and governments of political subdivisions of such States; and public and private research in-stitutions.

(d) Research program

The Management Conference shall establish a multi-disciplinary environmental research pro-gram for Lake Champlain. Such research pro-gram shall be planned and conducted jointly with the Lake Champlain Research Consortium.

(e) Pollution prevention, control, and restoration plan

(1) Not later than three years after November 16, 1990, the Management Conference shall pub-lish a pollution prevention, control, and restora-tion plan for Lake Champlain.

(2) The Plan developed pursuant to this sec-tion shall—

(A) identify corrective actions and compli-ance schedules addressing point and nonpoint sources of pollution necessary to restore and maintain the chemical, physical, and biologi-cal integrity of water quality, a balanced, in-digenous population of shellfish, fish and wild-life, recreational, and economic activities in and on the lake;

(B) incorporate environmental management concepts and programs established in State and Federal plans and programs in effect at the time of the development of such plan;

(C) clarify the duties of Federal and State agencies in pollution prevention and control activities, and to the extent allowable by law, suggest a timetable for adoption by the appro-priate Federal and State agencies to accom-plish such duties within a reasonable period of time;

(D) describe the methods and schedules for funding of programs, activities, and projects identified in the Plan, including the use of Federal funds and other sources of funds;

(E) include a strategy for pollution preven-tion and control that includes the promotion of pollution prevention and management prac-tices to reduce the amount of pollution gen-erated in the Lake Champlain basin; and

(F) be reviewed and revised, as necessary, at least once every 5 years, in consultation with the Administrator and other appropriate Fed-eral agencies.

(3) The Administrator, in cooperation with the Management Conference, shall provide for pub-lic review and comment on the draft Plan. At a minimum, the Management Conference shall conduct one public meeting to hear comments on the draft plan in the State of New York and one such meeting in the State of Vermont.

(4) Not less than one hundred and twenty days after the publication of the Plan required pursu-ant to this section, the Administrator shall ap-prove such plan if the plan meets the require-ments of this section and the Governors of the States of New York and Vermont concur.

(5) Upon approval of the plan, such plan shall be deemed to be an approved management pro-


gram for the purposes of section 1329(h) of this title and such plan shall be deemed to be an ap-proved comprehensive conservation and manage-ment plan pursuant to section 1330 of this title.

(f) Grant assistance

(1) The Administrator may, in consultation with participants in the Lake Champlain Basin Program, make grants to State, interstate, and regional water pollution control agencies, and public or nonprofit agencies, institutions, and organizations.

(2) Grants under this subsection shall be made for assisting research, surveys, studies, and modeling and technical and supporting work necessary for the development and implementa-tion of the Plan.

(3) The amount of grants to any person under this subsection for a fiscal year shall not exceed 75 per centum of the costs of such research, sur-vey, study and work and shall be made available on the condition that non-Federal share of such costs are provided from non-Federal sources.

(4) The Administrator may establish such re-quirements for the administration of grants as he determines to be appropriate.

(g) Definitions

In this section:

(1) Lake Champlain Basin Program

The term ‘‘Lake Champlain Basin Program’’ means the coordinated efforts among the Fed-eral Government, State governments, and local governments to implement the Plan.

(2) Lake Champlain drainage basin

The term ‘‘Lake Champlain drainage basin’’ means all or part of Clinton, Franklin, Hamil-ton, Warren, Essex, and Washington counties in the State of New York and all or part of Franklin, Grand Isle, Chittenden, Addison, Rutland, Bennington, Lamoille, Orange, Wash-ington, Orleans, and Caledonia counties in Vermont, that contain all of the streams, riv-ers, lakes, and other bodies of water, including wetlands, that drain into Lake Champlain.

(3) Plan

The term ‘‘Plan’’ means the plan developed under subsection (e).

(h) No effect on certain authority

Nothing in this section— (1) affects the jurisdiction or powers of—

(A) any department or agency of the Fed-eral Government or any State government; or

(B) any international organization or en-tity related to Lake Champlain created by treaty or memorandum to which the United States is a signatory;

(2) provides new regulatory authority for the Environmental Protection Agency; or

(3) affects section 304 of the Great Lakes Critical Programs Act of 1990 (Public Law 101–596; 33 U.S.C. 1270 note).

(i) Authorization

There are authorized to be appropriated to the Environmental Protection Agency to carry out this section—

(1) $2,000,000 for each of fiscal years 1991, 1992, 1993, 1994, and 1995;

(2) such sums as are necessary for each of fis-cal years 1996 through 2003; and

(3) $11,000,000 for each of fiscal years 2004 through 2008.

(June 30, 1948, ch. 758, title I, § 120, as added Pub. L. 101–596, title III, § 303, Nov. 16, 1990, 104 Stat. 3006; amended Pub. L. 107–303, title II, § 202, Nov. 27, 2002, 116 Stat. 2358.)

AMENDMENTS

2002—Pub. L. 107–303, § 202(1), substituted ‘‘Lake Champlain Basin Program’’ for ‘‘Lake Champlain Man-agement Conference’’ in section catchline.

Subsec. (a). Pub. L. 107–303, § 202(1), (2), designated ex-isting provisions as par. (1), inserted heading, and added par. (2).

Subsec. (d). Pub. L. 107–303, § 202(3), struck out par. (1) designation before ‘‘The Management’’.

Subsec. (e)(1). Pub. L. 107–303, § 202(4)(A), struck out ‘‘(hereafter in this section referred to as the ‘Plan’)’’ after ‘‘restoration plan’’.

Subsec. (e)(2)(F). Pub. L. 107–303, § 202(4)(B), added subpar. (F).

Subsec. (f)(1). Pub. L. 107–303, § 202(5)(A), substituted ‘‘participants in the Lake Champlain Basin Program,’’ for ‘‘the Management Conference,’’.

Subsec. (f)(2). Pub. L. 107–303, § 202(5)(B), substituted ‘‘development and implementation of the Plan’’ for ‘‘development of the Plan and for retaining expert con-sultants in support of litigation undertaken by the State of New York and the State of Vermont to compel cleanup or obtain cleanup damage costs from persons responsible for pollution of Lake Champlain’’.

Subsec. (g). Pub. L. 107–303, § 202(6)(A), substituted ‘‘Definitions’’ for ‘‘ ‘Lake Champlain drainage basin’ defined’’ in subsec. heading, inserted introductory pro-visions, added par. (1), inserted par. (2) designation and heading after par. (1) and inserted ‘‘The term’’ before ‘‘ ‘Lake Champlain drainage’’.

Subsec. (g)(2). Pub. L. 107–303, § 202(6)(B), inserted ‘‘Hamilton,’’ after ‘‘Franklin,’’ and ‘‘Bennington,’’ after ‘‘Rutland,’’.

Subsec. (g)(3). Pub. L. 107–303, § 202(6)(C), added par. (3).

Subsec. (h). Pub. L. 107–303, § 202(7), added subsec. (h) and struck out heading and text of former subsec. (h). Text read as follows: ‘‘Nothing in this section shall be construed so as to affect the jurisdiction or powers of—

‘‘(1) any department or agency of the Federal Gov-ernment or any State government; or

‘‘(2) any international organization or entity relat-ed to Lake Champlain created by treaty or memoran-dum to which the United States is a signatory.’’ Subsec. (i). Pub. L. 107–303, § 202(8), substituted ‘‘sec-

tion—’’ for ‘‘section $2,000,000’’, inserted ‘‘(1) $2,000,000’’ before ‘‘for each of fiscal years 1991,’’, substituted ‘‘1995;’’ for ‘‘1995.’’, and added pars. (2) and (3).

FEDERAL PROGRAM COORDINATION

Section 304 of Pub. L. 101–596, as amended by Pub. L. 104–127, title III, § 336(a)(2)(F), Apr. 4, 1996, 110 Stat. 1005, provided that:

‘‘(a) DESIGNATION OF LAKE CHAMPLAIN AS A PRIORITY AREA UNDER THE ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.—

‘‘(1) IN GENERAL.—Notwithstanding any other provi-sion of law, the Lake Champlain basin, as defined under section 120(h) of the Federal Water Pollution Control Act [33 U.S.C. 1270(h)], shall be designated by the Secretary of Agriculture as a priority area under the environmental quality incentives program estab-lished under chapter 4 of subtitle D of title XII of the Food Security Act of 1985 [16 U.S.C. 3839aa et seq.].

‘‘(2) TECHNICAL ASSISTANCE REIMBURSEMENT.—To carry out the purposes of this subsection, the tech-nical assistance reimbursement from the Agricul-tural Stabilization and Conservation Service author-ized under the Soil Conservation and Domestic Allot-


1 See References in Text note below.

ment Act [16 U.S.C. 590a et seq.], shall be increased from 5 per centum to 10 per centum.

‘‘(3) COMPREHENSIVE AGRICULTURAL MONITORING.— The Secretary, in consultation with the Management Conference and appropriate State and Federal agen-cies, shall develop a comprehensive agricultural mon-itoring and evaluation network for all major drain-ages within the Lake Champlain basin.

‘‘(4) ALLOCATION OF FUNDS.—In allocating funds under this subsection, the Secretary of Agriculture shall consult with the Management Conference estab-lished under section 120 of the Federal Water Pollu-tion Control Act and to the extent allowable by law, allocate funds to those agricultural enterprises lo-cated at sites that the Management Conference deter-mines to be priority sites, on the basis of a concern for ensuring implementation of nonpoint source pol-lution controls throughout the Lake Champlain basin. ‘‘(b) COOPERATION OF THE UNITED STATES GEOLOGICAL

SURVEY OF THE DEPARTMENT OF THE INTERIOR.—For the purpose of enhancing and expanding basic data collec-tion and monitoring in operation in the Lake Cham-plain basin, as defined under section 120 of the Federal Water Pollution Control Act [33 U.S.C. 1270], the Sec-retary of the Interior, acting through the heads of water resources divisions of the New York and New England districts of the United States Geological Sur-vey, shall—

‘‘(1) in cooperation with appropriate universities and private research institutions, and the appropriate officials of the appropriate departments and agencies of the States of New York and Vermont, develop an integrated geographic information system of the Lake Champlain basin;

‘‘(2) convert all partial recording sites in the Lake Champlain basin to continuous monitoring stations with full gauging capabilities and status; and

‘‘(3) establish such additional continuous monitor-ing station sites in the Lake Champlain basin as are necessary to carry out basic data collection and mon-itoring, as defined by the Secretary of the Interior, including groundwater mapping, and water quality and sediment data collection. ‘‘(c) COOPERATION OF THE UNITED STATES FISH AND

WILDLIFE SERVICE OF THE DEPARTMENT OF THE INTE-RIOR.—

‘‘(1) RESOURCE CONSERVATION PROGRAM.—The Sec-retary of the Interior, acting through the United States Fish and Wildlife Service, in cooperation with the Lake Champlain Fish and Wildlife Management Cooperative and the Management Conference estab-lished pursuant to this subsection shall—

‘‘(A) establish and implement a fisheries re-sources restoration, development and conservation program, including dedicating a level of hatchery production within the Lake Champlain basin at or above the level that existed immediately preceding the date of enactment of this Act [Nov. 16, 1990]; and

‘‘(B) conduct a wildlife species and habitat assess-ment survey in the Lake Champlain basin, includ-ing—

‘‘(i) a survey of Federal threatened and endan-gered species, listed or proposed for listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), New York State and State of Vermont threatened and endangered species and other spe-cies of special concern, migratory nongame spe-cies of management concern, and national re-sources plan species;

‘‘(ii) a survey of wildlife habitats such as is-lands, wetlands, and riparian areas; and

‘‘(iii) a survey of migratory bird populations breeding, migrating and wintering within the Lake Champlain basin.

‘‘(2) To accomplish the purposes of paragraph (1), the Director of the United States Fish and Wildlife Service is authorized to carry out activities related to—

‘‘(A) controlling sea lampreys and other non-indigenous aquatic animal nuisances;

‘‘(B) improving the health of fishery resources; ‘‘(C) conducting investigations about and assess-

ing the status of fishery resources, and disseminat-ing that information to all interested parties; and

‘‘(D) conducting and periodically updating a sur-vey of the fishery resources and their habitats and food chains in the Lake Champlain basin.

‘‘(d) AUTHORIZATIONS.—(1) There is authorized to be appropriated to the Department of Agriculture $2,000,000 for each of fiscal years 1991, 1992, 1993, 1994, and 1995 to carry out subsection (a) of this section.

‘‘(2) There is authorized to be appropriated to the De-partment of [the] Interior $1,000,000 for each of fiscal years 1991, 1992, 1993, 1994, and 1995 to carry out sub-sections (b) and (c) of this section.’’

§ 1271. Sediment survey and monitoring

(a) Survey

(1) In general

The Administrator, in consultation with the Administrator of the National Oceanic and At-mospheric Administration and the Secretary, shall conduct a comprehensive national survey of data regarding aquatic sediment quality in the United States. The Administrator shall compile all existing information on the quan-tity, chemical and physical composition, and geographic location of pollutants in aquatic sediment, including the probable source of such pollutants and identification of those sediments which are contaminated pursuant to section 501(b)(4).1

(2) Report

Not later than 24 months after October 31, 1992, the Administrator shall report to the Congress the findings, conclusions, and recom-mendations of such survey, including recom-mendations for actions necessary to prevent contamination of aquatic sediments and to control sources of contamination.

(b) Monitoring

(1) In general

The Administrator, in consultation with the Administrator of the National Oceanic and At-mospheric Administration and the Secretary, shall conduct a comprehensive and continuing program to assess aquatic sediment quality. The program conducted pursuant to this sub-section shall, at a minimum—

(A) identify the location of pollutants in aquatic sediment;

(B) identify the extent of pollutants in sediment and those sediments which are contaminated pursuant to section 501(b)(4); 1

(C) establish methods and protocols for monitoring the physical, chemical, and bio-logical effects of pollutants in aquatic sedi-ment and of contaminated sediment;

(D) develop a system for the management, storage, and dissemination of data concern-ing aquatic sediment quality;

(E) provide an assessment of aquatic sedi-ment quality trends over time;

(F) identify locations where pollutants in sediment may pose a threat to the quality of drinking water supplies, fisheries resources, and marine habitats; and


(G) establish a clearing house for informa-tion on technology, methods, and practices available for the remediation, decontamina-tion, and control of sediment contamina-tion.

(2) Report

The Administrator shall submit to Congress a report on the findings of the monitoring under paragraph (1) on the date that is 2 years after the date specified in subsection (a)(2) and biennially thereafter.

(Pub. L. 102–580, title V, § 503, Oct. 31, 1992, 106 Stat. 4865.)

REFERENCES IN TEXT

Section 501(b)(4), referred to in subsecs. (a)(1) and (b)(1)(B), means section 501(b)(4) of Pub. L. 102–580, which is set out below.

CODIFICATION

Section was enacted as part of the Water Resources Development Act of 1992 and also as part of the Na-tional Contaminated Sediment Assessment and Man-agement Act, and not as part of the Federal Water Pol-lution Control Act which comprises this chapter.

AVAILABILITY OF CONTAMINATED SEDIMENTS INFORMATION

Pub. L. 102–580, title III, § 327, Oct. 31, 1992, 106 Stat. 4851, directed Secretary to conduct national study on information that was currently available on contami-nated sediments of surface waters of United States and compile information obtained for the purpose of identi-fying location and nature of contaminated sediments and, not later than 1 year after Oct. 31, 1992, to trans-mit to Congress a report on the results of the study.

NATIONAL CONTAMINATED SEDIMENT ASSESSMENT AND MANAGEMENT; SHORT TITLE; DEFINITIONS; TASK FORCE

Pub. L. 102–580, title V, §§ 501, 502, Oct. 31, 1992, 106 Stat. 4864, provided that:

‘‘SEC. 501. SHORT TITLE AND DEFINITIONS.

‘‘(a) SHORT TITLE.—This title [enacting this section, amending sections 1412 to 1416, 1420, and 1421 of this title, and enacting provisions set out below] may be cited as the ‘National Contaminated Sediment Assess-ment and Management Act’.

‘‘(b) DEFINITIONS.—For the purposes of sections 502 and 503 of this title [enacting this section and provi-sions set out below]—

‘‘(1) the term ‘aquatic sediment’ means sediment underlying the navigable waters of the United States;

‘‘(2) the term ‘navigable waters’ has the same meaning as in section 502(7) of the Federal Water Pol-lution Control Act (33 U.S.C. 1362(7));

‘‘(3) the term ‘pollutant’ has the same meaning as in section 502(6) of the Federal Water Pollution Con-trol Act (33 U.S.C. 1362(6)); except that such term does not include dredge spoil, rock, sand, or cellar dirt;

‘‘(4) the term ‘contaminated sediment’ means aquatic sediment which—

‘‘(A) contains chemical substances in excess of ap-propriate geochemical, toxicological or sediment quality criteria or measures; or

‘‘(B) is otherwise considered by the Administrator to pose a threat to human health or the environ-ment; and ‘‘(5) the term ‘Administrator’ means the Adminis-

trator of the Environmental Protection Agency.

‘‘SEC. 502. NATIONAL CONTAMINATED SEDIMENT TASK FORCE.

‘‘(a) ESTABLISHMENT.—There is established a National Contaminated Sediment Task Force (hereinafter re-ferred to in this section as the ‘Task Force’). The Task Force shall—

‘‘(1) advise the Administrator and the Secretary in the implementation of this title;

‘‘(2) review and comment on reports concerning aquatic sediment quality and the extent and serious-ness of aquatic sediment contamination throughout the Nation;

‘‘(3) review and comment on programs for the re-search and development of aquatic sediment restora-tion methods, practices, and technologies;

‘‘(4) review and comment on the selection of pollut-ants for development of aquatic sediment criteria and the schedule for the development of such criteria;

‘‘(5) advise appropriate officials in the development of guidelines for restoration of contaminated sedi-ment;

‘‘(6) make recommendations to appropriate officials concerning practices and measures—

‘‘(A) to prevent the contamination of aquatic sediments; and

‘‘(B) to control sources of sediment contamina-tion; and ‘‘(7) review and assess the means and methods for

locating and constructing permanent, cost-effective long-term disposal sites for the disposal of dredged material that is not suitable for ocean dumping (as determined under the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.) [also 16 U.S.C. 1431 et seq., 1447 et seq.; 33 U.S.C. 2801 et seq.]). ‘‘(b) MEMBERSHIP.—

‘‘(1) IN GENERAL.—The membership of the Task Force shall include 1 representative of each of the fol-lowing:

‘‘(A) The Administrator. ‘‘(B) The Secretary. ‘‘(C) The National Oceanic and Atmospheric Ad-

ministration. ‘‘(D) The United States Fish and Wildlife Service. ‘‘(E) The Geological Survey [now United States

Geological Survey]. ‘‘(F) The Department of Agriculture.

‘‘(2) ADDITIONAL MEMBERS.—Additional members of the Task Force shall be jointly selected by the Ad-ministrator and the Secretary, and shall include—

‘‘(A) not more than 3 representatives of States; ‘‘(B) not more than 3 representatives of ports, ag-

riculture, and manufacturing; and ‘‘(C) not more than 3 representatives of public in-

terest organizations with a demonstrated interest in aquatic sediment contamination. ‘‘(3) COCHAIRMEN.—The Administrator and the Sec-

retary shall serve as cochairmen of the Task Force. ‘‘(4) CLERICAL AND TECHNICAL ASSISTANCE.—Such

clerical and technical assistance as may be necessary to discharge the duties of the Task Force shall be provided by the personnel of the Environmental Pro-tection Agency and the Army Corps of Engineers.

‘‘(5) COMPENSATION FOR ADDITIONAL MEMBERS.—The additional members of the Task Force selected under paragraph (2) shall, while attending meetings or con-ferences of the Task Force, be compensated at a rate to be fixed by the cochairmen, but not to exceed the daily equivalent of the base rate of pay in effect for grade GS–15 of the General Schedule under section 5332 of title 5, United States Code, for each day (in-cluding travel time) during which they are engaged in the actual performance of duties vested in the Task Force. While away from their homes or regular places of business in the performance of services for the Task Force, such members shall be allowed travel ex-penses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. ‘‘(c) REPORT.—Within 2 years after the date of the en-

actment of this Act [Oct. 31, 1992], the Task Force shall submit to Congress a report stating the findings and recommendations of the Task Force.’’

AUTHORIZATION OF APPROPRIATIONS

Pub. L. 102–580, title V, § 509(b), Oct. 31, 1992, 106 Stat. 4870, provided that: ‘‘There is authorized to be appro-


1 So in original. The word ‘‘a’’ probably should not appear.

priated to the Administrator to carry out sections 502 and 503 [enacting this section and provisions set out above] such sums as may be necessary.’’

‘‘SECRETARY’’ DEFINED

Secretary means the Secretary of the Army, see sec-tion 3 of Pub. L. 102–580, set out as a note under section 2201 of this title.

§ 1271a. Research and development program

(a) In general

In coordination with other Federal, State, and local officials, the Administrator of the Envi-ronmental Protection Agency may conduct re-search on the development and use of innovative approaches, technologies, and techniques for the remediation of sediment contamination in areas of concern that are located wholly or partially in the United States.

(b) Authorization of appropriations

(1) In general

In addition to any amounts authorized under other provisions of law, there is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2004 through 2010.

(2) Availability

Funds appropriated under paragraph (1) shall remain available until expended.

(Pub. L. 107–303, title I, § 106, Nov. 27, 2002, 116 Stat. 2358; Pub. L. 110–365, § 4, Oct. 8, 2008, 122 Stat. 4023.)

CODIFICATION

Section was enacted as part of the Great Lakes Leg-acy Act of 2002, and also as part of the Great Lakes and Lake Champlain Act of 2002, and not as part of the Fed-eral Water Pollution Control Act which comprises this chapter.

AMENDMENTS

2008—Subsec. (b)(1). Pub. L. 110–365 added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: ‘‘In addition to amounts authorized under other laws, there is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2004 through 2008.’’

§ 1272. Environmental dredging

(a) Operation and maintenance of navigation projects

Whenever necessary to meet the requirements of the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.], the Secretary, in consulta-tion with the Administrator of the Environ-mental Protection Agency, may remove and re-mediate, as part of operation and maintenance of a navigation project, contaminated sediments outside the boundaries of and adjacent to the navigation channel.

(b) Nonproject specific

(1) In general

The Secretary may remove and remediate contaminated sediments from the navigable waters of the United States for the purpose of environmental enhancement and water qual-ity improvement if such removal and remedi-ation is requested by a non-Federal sponsor

and the sponsor agrees to pay 35 percent of the cost of such removal and remediation.

(2) Maximum amount

The Secretary may not expend more than $50,000,000 in a fiscal year to carry out this subsection.

(c) Joint plan requirement

The Secretary may only remove and remedi-ate contaminated sediments under subsection (b) in accordance with a joint plan developed by the Secretary and interested Federal, State, and local government officials. Such plan must in-clude an opportunity for public comment, a de-scription of the work to be undertaken, the method to be used for dredged material disposal, the roles and responsibilities of the Secretary and non-Federal sponsors, and identification of sources of funding.

(d) Disposal costs

Costs of disposal of contaminated sediments removed under this section shall be a 1 shared as a cost of construction.

(e) Limitation on statutory construction

Nothing in this section shall be construed to affect the rights and responsibilities of any per-son under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 U.S.C. 9601 et seq.].

(f) Priority work

In carrying out this section, the Secretary shall give priority to work in the following areas:

(1) Brooklyn Waterfront, New York. (2) Buffalo Harbor and River, New York. (3) Ashtabula River, Ohio. (4) Mahoning River, Ohio. (5) Lower Fox River, Wisconsin. (6) Passaic River and Newark Bay, New Jer-

sey. (7) Snake Creek, Bixby, Oklahoma. (8) Willamette River, Oregon.

(g) Nonprofit entities

Notwithstanding section 1962d–5b of title 42, for any project carried out under this section, a non-Federal sponsor may include a nonprofit en-tity, with the consent of the affected local gov-ernment.

(Pub. L. 101–640, title III, § 312, Nov. 28, 1990, 104 Stat. 4639; Pub. L. 104–303, title II, § 205, Oct. 12, 1996, 110 Stat. 3679; Pub. L. 106–53, title II, § 224, Aug. 17, 1999, 113 Stat. 297; Pub. L. 106–541, title II, § 210(a), Dec. 11, 2000, 114 Stat. 2592.)

REFERENCES IN TEXT

The Federal Water Pollution Control Act, referred to in subsec. (a), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to this chapter (§ 1251 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables.

The Comprehensive Environmental Response, Com-pensation, and Liability Act of 1980, referred to in sub-sec. (e), is Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is classified principally to chapter 103 (§ 9601 et seq.) of Title 42, The Public Health and Wel-


fare. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of Title 42 and Tables.

CODIFICATION

Section was formerly set out as a note under section 1252 of this title.

Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Federal Water Pollution Control Act which comprises this chapter.

AMENDMENTS

2000—Subsec. (g). Pub. L. 106–541 added subsec. (g). 1999—Subsec. (b)(1). Pub. L. 106–53, § 224(1)(A), sub-

stituted ‘‘35 percent’’ for ‘‘50 percent’’. Subsec. (b)(2). Pub. L. 106–53, § 224(1)(B), substituted

‘‘$50,000,000’’ for ‘‘$20,000,000’’. Subsec. (d). Pub. L. 106–53, § 224(2), substituted

‘‘shared as a cost of construction’’ for ‘‘non-Federal re-sponsibility’’.

Subsec. (f)(6) to (8). Pub. L. 106–53, § 224(3), added pars. (6) to (8).

1996—Subsec. (a). Pub. L. 104–303, § 205(1), inserted ‘‘and remediate’’ after ‘‘remove’’.

Subsec. (b)(1). Pub. L. 104–303, § 205(1), (2)(A), inserted ‘‘and remediate’’ after ‘‘remove’’ and inserted ‘‘and re-mediation’’ after ‘‘removal’’ in two places.

Subsec. (b)(2). Pub. L. 104–303, § 205(2)(B), substituted ‘‘$20,000,000’’ for ‘‘$10,000,000’’.

Subsec. (c). Pub. L. 104–303, § 205(1), inserted ‘‘and re-mediate’’ after ‘‘remove’’.

Subsec. (f). Pub. L. 104–303, § 205(3), added subsec. (f) and struck out heading and text of former subsec. (f). Text read as follows: ‘‘This section shall not be effec-tive after the last day of the 5-year period beginning on November 28, 1990; except that the Secretary may com-plete any project commenced under this section on or before such last day.’’

§ 1273. Lake Pontchartrain Basin

(a) Establishment of restoration program

The Administrator shall establish within the Environmental Protection Agency the Lake Pontchartrain Basin Restoration Program.

(b) Purpose

The purpose of the program shall be to restore the ecological health of the Basin by developing and funding restoration projects and related sci-entific and public education projects.

(c) Duties

In carrying out the program, the Adminis-trator shall—

(1) provide administrative and technical as-sistance to a management conference con-vened for the Basin under section 1330 of this title;

(2) assist and support the activities of the management conference, including the imple-mentation of recommendations of the manage-ment conference;

(3) support environmental monitoring of the Basin and research to provide necessary tech-nical and scientific information;

(4) develop a comprehensive research plan to address the technical needs of the program;

(5) coordinate the grant, research, and plan-ning programs authorized under this section; and

(6) collect and make available to the public publications, and other forms of information the management conference determines to be appropriate, relating to the environmental quality of the Basin.

(d) Grants

The Administrator may make grants to pay not more than 75 percent of the costs—

(1) for restoration projects and studies rec-ommended by a management conference con-vened for the Basin under section 1330 of this title; and

(2) for public education projects rec-ommended by the management conference.

(e) Definitions


(1) Basin

The term ‘‘Basin’’ means the Lake Pont-chartrain Basin, a 5,000 square mile watershed encompassing 16 parishes in the State of Lou-isiana and 4 counties in the State of Mis-sissippi.

(2) Program

The term ‘‘program’’ means the Lake Pont-chartrain Basin Restoration Program estab-lished under subsection (a).

(f) Authorization of appropriations

(1) In general

There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2001 through 2012 and the amount appropriated for fiscal year 2009 for each of fis-cal years 2013 through 2017. Such sums shall remain available until expended.

(2) Public education projects

Not more than 15 percent of the amount ap-propriated pursuant to paragraph (1) in a fiscal year may be expended on grants for public education projects under subsection (d)(2).

(June 30, 1948, ch. 758, title I, § 121, as added Pub. L. 106–457, title V, § 502, Nov. 7, 2000, 114 Stat. 1973; amended Pub. L. 109–392, § 1, Dec. 12, 2006, 120 Stat. 2703; Pub. L. 112–237, § 1, Dec. 28, 2012, 126 Stat. 1628.)

PRIOR PROVISIONS

Another section 121 of act June 30, 1948, was renum-bered section 122 and is classified to section 1274 of this title.

AMENDMENTS

2012—Subsec. (d). Pub. L. 112–237, § 1(1), inserted ‘‘to pay not more than 75 percent of the costs’’ after ‘‘make grants’’ in introductory provisions.

Subsec. (f)(1). Pub. L. 112–237, § 1(2), substituted ‘‘2012 and the amount appropriated for fiscal year 2009 for each of fiscal years 2013 through 2017’’ for ‘‘2011’’.

2006—Subsec. (f)(1). Pub. L. 109–392 substituted ‘‘2011’’ for ‘‘2005’’.

MANAGEMENT CONFERENCE

Pub. L. 110–114, title V, § 5084, Nov. 8, 2007, 121 Stat. 1228, provided that: ‘‘For purposes of carrying out sec-tion 121 of the Federal Water Pollution Control Act (33 U.S.C. 1273), the Lake Pontchartrain, Louisiana, basin stakeholders conference convened by the Environ-mental Protection Agency, National Oceanic and At-mospheric Administration, and United States Geologi-cal Survey on February 25, 2002, shall be treated as being a management conference convened under sec-tion 320 of such Act (33 U.S.C. 1330).’’


§ 1274. Watershed pilot projects

(a) In general

The Administrator, in coordination with the States, may provide technical assistance and grants to a municipality or municipal entity to carry out pilot projects relating to the following areas:

(1) Watershed management of wet weather dis-charges

The management of municipal combined sewer overflows, sanitary sewer overflows, and stormwater discharges, on an integrated wa-tershed or subwatershed basis for the purpose of demonstrating the effectiveness of a unified wet weather approach.

(2) Stormwater best management practices

The control of pollutants from municipal separate storm sewer systems for the purpose of demonstrating and determining controls that are cost-effective and that use innovative technologies to manage, reduce, treat, recap-ture, or reuse municipal stormwater, includ-ing techniques that utilize infiltration, evapotranspiration, and reuse of stormwater onsite.

(3) Watershed partnerships

Efforts of municipalities and property own-ers to demonstrate cooperative ways to ad-dress nonpoint sources of pollution to reduce adverse impacts on water quality.

(4) Integrated water resource plan

The development of an integrated water re-source plan for the coordinated management and protection of surface water, ground water, and stormwater resources on a watershed or subwatershed basis to meet the objectives, goals, and policies of this chapter.

(5) Municipality-wide stormwater management planning

The development of a municipality-wide plan that identifies the most effective place-ment of stormwater technologies and manage-ment approaches, to reduce water quality im-pairments from stormwater on a municipality- wide basis.

(6) Increased resilience of treatment works

Efforts to assess future risks and vulner-abilities of publicly owned treatment works to manmade or natural disasters, including ex-treme weather events and sea-level rise, and to carry out measures, on a systemwide or area-wide basis, to increase the resiliency of publicly owned treatment works.

(b) Administration

The Administrator, in coordination with the States, shall provide municipalities participat-ing in a pilot project under this section the abil-ity to engage in innovative practices, including the ability to unify separate wet weather con-trol efforts under a single permit.

(c) Report to Congress

Not later than October 1, 2015, the Adminis-trator shall transmit to Congress a report on the results of the pilot projects conducted under this section and their possible application na-tionwide.

(June 30, 1948, ch. 758, title I, § 122, formerly § 121, as added Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 112(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–225; renumbered § 122, Pub. L. 109–392, § 2, Dec. 12, 2006, 120 Stat. 2703; amended Pub. L. 113–121, title V, § 5011, June 10, 2014, 128 Stat. 1327.)

AMENDMENTS

2014—Pub. L. 113–121, § 5011(1), struck out ‘‘Wet weath-er’’ before ‘‘Watershed’’ in section catchline.

Subsec. (a). Pub. L. 113–121, § 5011(2)(A), in introduc-tory provisions, substituted ‘‘to a municipality or mu-nicipal entity’’ for ‘‘for treatment works’’ and struck out ‘‘of wet weather discharge control’’ after ‘‘the fol-lowing areas’’.

Subsec. (a)(2). Pub. L. 113–121, § 5011(2)(B), substituted ‘‘to manage, reduce, treat, recapture, or reuse munici-pal stormwater, including techniques that utilize infil-tration, evapotranspiration, and reuse of stormwater onsite’’ for ‘‘in reducing such pollutants from storm-water discharges’’.

Subsec. (a)(3) to (6). Pub. L. 113–121, § 5011(2)(C), added pars. (3) to (6).

Subsecs. (c), (d). Pub. L. 113–121, § 5011(3)–(5), redesig-nated subsec. (d) as (c), substituted ‘‘October 1, 2015,’’ for ‘‘5 years after December 21, 2000,’’, and struck out former subsec. (c) which authorized appropriations to carry out this section.

§ 1275. Columbia River Basin Restoration

(a) Definitions


(1) Columbia River Basin

The term ‘‘Columbia River Basin’’ means the entire United States portion of the Colum-bia River watershed.

(2) Estuary Partnership

The term ‘‘Estuary Partnership’’ means the Lower Columbia Estuary Partnership, an en-tity created by the States of Oregon and Wash-ington and the Environmental Protection Agency under section 1330 of this title.

(3) Estuary Plan

(A) In general

The term ‘‘Estuary Plan’’ means the Estu-ary Partnership Comprehensive Conserva-tion and Management Plan adopted by the Environmental Protection Agency and the Governors of Oregon and Washington on Oc-tober 20, 1999, under section 1330 of this title.

(B) Inclusion

The term ‘‘Estuary Plan’’ includes any amendments to the plan.

(4) Lower Columbia River Estuary

The term ‘‘Lower Columbia River Estuary’’ means the mainstem Columbia River from the Bonneville Dam to the Pacific Ocean and tidally influenced portions of tributaries to the Columbia River in that region.

(5) Middle and Upper Columbia River Basin

The term ‘‘Middle and Upper Columbia River Basin’’ means the region consisting of the United States portion of the Columbia River Basin above Bonneville Dam.

(6) Program

The term ‘‘Program’’ means the Columbia River Basin Restoration Program established under subsection (b)(1)(A).


1 So in original. Probably should be ‘‘Columbia’’.

(b) Columbia River Basin Restoration Program

(1) Establishment

(A) In general

The Administrator shall establish within the Environmental Protection Agency a Co-lumbia River Basin Restoration Program.

(B) Effect

(i) The establishment of the Program does not modify any legal or regulatory authority or program in effect as of December 16, 2016, including the roles of Federal agencies in the Columbia River Basin.

(ii) This section does not create any new regulatory authority.

(2) Scope of Program

The Program shall consist of a collaborative stakeholder-based program for environmental protection and restoration activities through-out the Columbia River Basin.

(3) Duties

The Administrator shall— (A) assess trends in water quality, includ-

ing trends that affect uses of the water of the Columbia River Basin;

(B) collect, characterize, and assess data on water quality to identify possible causes of environmental problems; and

(C) provide grants in accordance with sub-section (d) for projects that assist in—

(i) eliminating or reducing pollution; (ii) cleaning up contaminated sites; (iii) improving water quality; (iv) monitoring to evaluate trends; (v) reducing runoff; (vi) protecting habitat; or (vii) promoting citizen engagement or

knowledge.

(c) Stakeholder Working Group

(1) Establishment

The Administrator shall establish a Colum-bia River Basin Restoration Working Group (referred to in this subsection as the ‘‘Working Group’’).

(2) Membership

(A) In general

Membership in the Working Group shall be on a voluntary basis and any person invited by the Administrator under this subsection may decline membership.

(B) Invited representatives

The Administrator shall invite, at a mini-mum, representatives of—

(i) each State located in whole or in part in the Columbia River Basin;

(ii) the Governors of each State located in whole or in part in the Columbia River Basin;

(iii) each federally recognized Indian tribe in the Columbia River Basin;

(iv) local governments in the Columbia River Basin;

(v) industries operating in the Columbia River Basin that affect or could affect water quality;

(vi) electric, water, and wastewater utili-ties operating in the Columba 1 River Basin;

(vii) private landowners in the Columbia River Basin;

(viii) soil and water conservation dis-tricts in the Columbia River Basin;

(ix) nongovernmental organizations that have a presence in the Columbia River Basin;

(x) the general public in the Columbia River Basin; and

(xi) the Estuary Partnership.

(3) Geographic representation

The Working Group shall include representa-tives from—

(A) each State located in whole or in part in the Columbia River Basin; and

(B) each of the lower, middle, and upper basins of the Columbia River.

(4) Duties and responsibilities

The Working Group shall— (A) recommend and prioritize projects and

actions; and (B) review the progress and effectiveness of

projects and actions implemented.

(5) Lower Columbia River Estuary

(A) Estuary Partnership

The Estuary Partnership shall perform the duties and fulfill the responsibilities of the Working Group described in paragraph (4) as those duties and responsibilities relate to the Lower Columbia River Estuary for such time as the Estuary Partnership is the man-agement conference for the Lower Columbia River National Estuary Program under sec-tion 1330 of this title.

(B) Designation

If the Estuary Partnership ceases to be the management conference for the Lower Co-lumbia River National Estuary Program under section 1330 of this title, the Adminis-trator may designate the new management conference to assume the duties and respon-sibilities of the Working Group described in paragraph (4) as those duties and respon-sibilities relate to the Lower Columbia River Estuary.

(C) Incorporation

If the Estuary Partnership is removed from the National Estuary Program, the du-ties and responsibilities for the lower 146 miles of the Columbia River pursuant to this section shall be incorporated into the duties of the Working Group.

(d) Grants

(1) In general

The Administrator shall establish a vol-untary, competitive Columbia River Basin program to provide grants to State govern-ments, tribal governments, regional water pol-lution control agencies and entities, local gov-ernment entities, nongovernmental entities, or soil and water conservation districts to de-velop or implement projects authorized under this section for the purpose of environmental protection and restoration activities through-out the Columbia River Basin.


(2) Federal share

(A) In general

Except as provided in subparagraph (B), the Federal share of the cost of any project or activity carried out using funds from a grant provided to any person (including a State, tribal, or local government or inter-state or regional agency) under this sub-section for a fiscal year—

(i) shall not exceed 75 percent of the total cost of the project or activity; and

(ii) shall be made on condition that the non-Federal share of such total cost shall be provided from non-Federal sources.

(B) Exceptions

With respect to cost-sharing for a grant provided under this subsection—

(i) a tribal government may use Federal funds for the non-Federal share; and

(ii) the Administrator may increase the Federal share under such circumstances as the Administrator determines to be appro-priate.

(3) Allocation

In making grants using funds appropriated to carry out this section, the Administrator shall—

(A) provide not less than 25 percent of the funds to make grants for projects, programs, and studies in the Lower Columbia River Es-tuary;

(B) provide not less than 25 percent of the funds to make grants for projects, programs, and studies in the Middle and Upper Colum-bia River Basin, including the Snake River Basin; and

(C) retain not more than 5 percent of the funds for the Environmental Protection Agency for purposes of implementing this section.

(4) Reporting

(A) In general

Each grant recipient under this subsection shall submit to the Administrator reports on progress being made in achieving the pur-poses of this section.

(B) Requirements

The Administrator shall establish require-ments and timelines for recipients of grants under this subsection to report on progress made in achieving the purposes of this sec-tion.

(5) Relationship to other funding

(A) In general

Nothing in this subsection limits the eligi-bility of the Estuary Partnership to receive funding under section 1330(g) of this title.

(B) Limitation

None of the funds made available under this subsection may be used for the adminis-tration of a management conference under section 1330 of this title.

(e) Annual budget plan

The President, as part of the annual budget submission of the President to Congress under

section 1105(a) of title 31, shall submit informa-tion regarding each Federal agency involved in protection and restoration of the Columbia River Basin, including an interagency crosscut budget that displays for each Federal agency—

(1) the amounts obligated for the preceding fiscal year for protection and restoration projects, programs, and studies relating to the Columbia River Basin;

(2) the estimated budget for the current fis-cal year for protection and restoration projects, programs, and studies relating to the Columbia River Basin; and

(3) the proposed budget for protection and restoration projects, programs, and studies re-lating to the Columbia River Basin.

(June 30, 1948, ch. 758, title I, § 123, as added Pub. L. 114–322, title IV, § 5010, Dec. 16, 2016, 130 Stat. 1898.)

SUBCHAPTER II—GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

§ 1281. Congressional declaration of purpose

(a) Development and implementation of waste treatment management plans and practices

It is the purpose of this subchapter to require and to assist the development and implementa-tion of waste treatment management plans and practices which will achieve the goals of this chapter.

(b) Application of technology: confined disposal of pollutants; consideration of advanced techniques

Waste treatment management plans and prac-tices shall provide for the application of the best practicable waste treatment technology before any discharge into receiving waters, including reclaiming and recycling of water, and confined disposal of pollutants so they will not migrate to cause water or other environmental pollution and shall provide for consideration of advanced waste treatment techniques.

(c) Waste treatment management area and scope

To the extent practicable, waste treatment management shall be on an areawide basis and provide control or treatment of all point and nonpoint sources of pollution, including in place or accumulated pollution sources.

(d) Waste treatment management construction of revenue producing facilities

The Administrator shall encourage waste treatment management which results in the construction of revenue producing facilities pro-viding for—

(1) the recycling of potential sewage pollut-ants through the production of agriculture, silviculture, or aquaculture products, or any combination thereof;

(2) the confined and contained disposal of pollutants not recycled;

(3) the reclamation of wastewater; and (4) the ultimate disposal of sludge in a man-

ner that will not result in environmental haz-ards.

(e) Waste treatment management integration of facilities

The Administrator shall encourage waste treatment management which results in inte-


1 So in original. Probably should be ‘‘section’’.

grating facilities for sewage treatment and recy-cling with facilities to treat, dispose of, or uti-lize other industrial and municipal wastes, in-cluding but not limited to solid waste and waste heat and thermal discharges. Such integrated facilities shall be designed and operated to produce revenues in excess of capital and oper-ation and maintenance costs and such revenues shall be used by the designated regional man-agement agency to aid in financing other envi-ronmental improvement programs.

(f) Waste treatment management ‘‘open space’’ and recreational considerations

The Administrator shall encourage waste treatment management which combines ‘‘open space’’ and recreational considerations with such management.

(g) Grants to construct publicly owned treatment works

(1) The Administrator is authorized to make grants to any State, municipality, or inter-municipal or interstate agency for the construc-tion of publicly owned treatment works. On and after October 1, 1984, grants under this sub-chapter shall be made only for projects for sec-ondary treatment or more stringent treatment, or any cost effective alternative thereto, new interceptors and appurtenances, and infiltra-tion-in-flow correction. Notwithstanding the preceding sentences, the Administrator may make grants on and after October 1, 1984, for (A) any project within the definition set forth in section 1292(2) of this title, other than for a project referred to in the preceding sentence, and (B) any purpose for which a grant may be made under sections 1 1329(h) and (i) of this title (including any innovative and alternative ap-proaches for the control of nonpoint sources of pollution), except that not more than 20 per cen-tum (as determined by the Governor of the State) of the amount allotted to a State under section 1285 of this title for any fiscal year shall be obligated in such State under authority of this sentence.

(2) The Administrator shall not make grants from funds authorized for any fiscal year begin-ning after June 30, 1974, to any State, municipal-ity, or intermunicipal or interstate agency for the erection, building, acquisition, alteration, remodeling, improvement, or extension of treat-ment works unless the grant applicant has satis-factorily demonstrated to the Administrator that—

(A) alternative waste management tech-niques have been studied and evaluated and the works proposed for grant assistance will provide for the application of the best prac-ticable waste treatment technology over the life of the works consistent with the purposes of this subchapter; and

(B) as appropriate, the works proposed for grant assistance will take into account and allow to the extent practicable the application of technology at a later date which will pro-vide for the reclaiming or recycling of water or otherwise eliminate the discharge of pollut-ants.

(3) The Administrator shall not approve any grant after July 1, 1973, for treatment works under this section unless the applicant shows to the satisfaction of the Administrator that each sewer collection system discharging into such treatment works is not subject to excessive in-filtration.

(4) The Administrator is authorized to make grants to applicants for treatment works grants under this section for such sewer system evalua-tion studies as may be necessary to carry out the requirements of paragraph (3) of this sub-section. Such grants shall be made in accord-ance with rules and regulations promulgated by the Administrator. Initial rules and regulations shall be promulgated under this paragraph not later than 120 days after October 18, 1972.

(5) The Administrator shall not make grants from funds authorized for any fiscal year begin-ning after September 30, 1978, to any State, mu-nicipality, or intermunicipal or interstate agen-cy for the erection, building, acquisition, alter-ation, remodeling, improvement, or extension of treatment works unless the grant applicant has satisfactorily demonstrated to the Adminis-trator that innovative and alternative waste-water treatment processes and techniques which provide for the reclaiming and reuse of water, otherwise eliminate the discharge of pollutants, and utilize recycling techniques, land treat-ment, new or improved methods of waste treat-ment management for municipal and industrial waste (discharged into municipal systems) and the confined disposal of pollutants, so that pol-lutants will not migrate to cause water or other environmental pollution, have been fully studied and evaluated by the applicant taking into ac-count subsection (d) of this section and taking into account and allowing to the extent prac-ticable the more efficient use of energy and re-sources.

(6) The Administrator shall not make grants from funds authorized for any fiscal year begin-ning after September 30, 1978, to any State, mu-nicipality, or intermunicipal or interstate agen-cy for the erection, building, acquisition, alter-ation, remodeling, improvement, or extension of treatment works unless the grant applicant has satisfactorily demonstrated to the Adminis-trator that the applicant has analyzed the po-tential recreation and open space opportunities in the planning of the proposed treatment works.

(h) Grants to construct privately owned treat-ment works

A grant may be made under this section to construct a privately owned treatment works serving one or more principal residences or small commercial establishments constructed prior to, and inhabited on, December 27, 1977, where the Administrator finds that—

(1) a public body otherwise eligible for a grant under subsection (g) has applied on be-half of a number of such units and certified that public ownership of such works is not fea-sible;

(2) such public body has entered into an agreement with the Administrator which guarantees that such treatment works will be properly operated and maintained and will


comply with all other requirements of section 1284 of this title and includes a system of charges to assure that each recipient of waste treatment services under such a grant will pay its proportionate share of the cost of oper-ation and maintenance (including replace-ment); and

(3) the total cost and environmental impact of providing waste treatment services to such residences or commercial establishments will be less than the cost of providing a system of collection and central treatment of such wastes.

(i) Waste treatment management methods, proc-esses, and techniques to reduce energy re-quirements

The Administrator shall encourage waste treatment management methods, processes, and techniques which will reduce total energy re-quirements.

(j) Grants for treatment works utilizing proc-esses and techniques of guidelines under sec-tion 1314(d)(3) of this title

The Administrator is authorized to make a grant for any treatment works utilizing proc-esses and techniques meeting the guidelines pro-mulgated under section 1314(d)(3) of this title, if the Administrator determines it is in the public interest and if in the cost effectiveness study made of the construction grant application for the purpose of evaluating alternative treatment works, the life cycle cost of the treatment works for which the grant is to be made does not exceed the life cycle cost of the most cost effec-tive alternative by more than 15 per centum.

(k) Limitation on use of grants for publicly owned treatment works

No grant made after November 15, 1981, for a publicly owned treatment works, other than for facility planning and the preparation of con-struction plans and specifications, shall be used to treat, store, or convey the flow of any indus-trial user into such treatment works in excess of a flow per day equivalent to fifty thousand gal-lons per day of sanitary waste. This subsection shall not apply to any project proposed by a grantee which is carrying out an approved project to prepare construction plans and speci-fications for a facility to treat wastewater, which received its grant approval before May 15, 1980. This subsection shall not be in effect after November 15, 1981.

(l) Grants for facility plans, or plans, specifica-tions, and estimates for proposed project for construction of treatment works; limitations, allotments, advances, etc.

(1) After December 29, 1981, Federal grants shall not be made for the purpose of providing assistance solely for facility plans, or plans, specifications, and estimates for any proposed project for the construction of treatment works. In the event that the proposed project receives a grant under this section for construction, the Administrator shall make an allowance in such grant for non-Federal funds expended during the facility planning and advanced engineering and design phase at the prevailing Federal share under section 1282(a) of this title, based on the

percentage of total project costs which the Ad-ministrator determines is the general experience for such projects.

(2)(A) Each State shall use a portion of the funds allotted to such State each fiscal year, but not to exceed 10 per centum of such funds, to ad-vance to potential grant applicants under this subchapter the costs of facility planning or the preparation of plans, specifications, and esti-mates.

(B) Such an advance shall be limited to the al-lowance for such costs which the Administrator establishes under paragraph (1) of this sub-section, and shall be provided only to a poten-tial grant applicant which is a small community and which in the judgment of the State would otherwise be unable to prepare a request for a grant for construction costs under this section.

(C) In the event a grant for construction costs is made under this section for a project for which an advance has been made under this paragraph, the Administrator shall reduce the amount of such grant by the allowance estab-lished under paragraph (1) of this subsection. In the event no such grant is made, the State is au-thorized to seek repayment of such advance on such terms and conditions as it may determine.

(m) Grants for State of California projects

(1) Notwithstanding any other provisions of this subchapter, the Administrator is authorized to make a grant from any funds otherwise allot-ted to the State of California under section 1285 of this title to the project (and in the amount) specified in Order WQG 81–1 of the California State Water Resources Control Board.

(2) Notwithstanding any other provision of this chapter, the Administrator shall make a grant from any funds otherwise allotted to the State of California to the city of Eureka, Cali-fornia, in connection with project numbered C–06–2772, for the purchase of one hundred and thirty-nine acres of property as environmental mitigation for siting of the proposed treatment plant.

(3) Notwithstanding any other provision of this chapter, the Administrator shall make a grant from any funds otherwise allotted to the State of California to the city of San Diego, California, in connection with that city’s aqua-culture sewage process (total resources recovery system) as an innovative and alternative waste treatment process.

(n) Water quality problems; funds, scope, etc.

(1) On and after October 1, 1984, upon the re-quest of the Governor of an affected State, the Administrator is authorized to use funds avail-able to such State under section 1285 of this title to address water quality problems due to the im-pacts of discharges from combined storm water and sanitary sewer overflows, which are not otherwise eligible under this subsection, where correction of such discharges is a major priority for such State.

(2) Beginning fiscal year 1983, the Adminis-trator shall have available $200,000,000 per fiscal year in addition to those funds authorized in section 1287 of this title to be utilized to address water quality problems of marine bays and estu-aries subject to lower levels of water quality due to the impacts of discharges from combined


storm water and sanitary sewer overflows from adjacent urban complexes, not otherwise eligible under this subsection. Such sums may be used as deemed appropriate by the Administrator as provided in paragraphs (1) and (2) of this sub-section, upon the request of and demonstration of water quality benefits by the Governor of an affected State.

(o) Capital financing plan

The Administrator shall encourage and assist applicants for grant assistance under this sub-chapter to develop and file with the Adminis-trator a capital financing plan which, at a mini-mum—

(1) projects the future requirements for waste treatment services within the appli-cant’s jurisdiction for a period of no less than ten years;

(2) projects the nature, extent, timing, and costs of future expansion and reconstruction of treatment works which will be necessary to satisfy the applicant’s projected future re-quirements for waste treatment services; and

(3) sets forth with specificity the manner in which the applicant intends to finance such future expansion and reconstruction.

(p) Time limit on resolving certain disputes

In any case in which a dispute arises with re-spect to the awarding of a contract for construc-tion of treatment works by a grantee of funds under this subchapter and a party to such dis-pute files an appeal with the Administrator under this subchapter for resolution of such dis-pute, the Administrator shall make a final deci-sion on such appeal within 90 days of the filing of such appeal.

(June 30, 1948, ch. 758, title II, § 201, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 833; amended Pub. L. 95–217, §§ 12–16, Dec. 27, 1977, 91 Stat. 1569, 1570; Pub. L. 96–483, §§ 2(d), 3, Oct. 21, 1980, 94 Stat. 2361; Pub. L. 97–117, §§ 2(a), 3(a), 4–6, 10(c), Dec. 29, 1981, 95 Stat. 1623–1626; Pub. L. 100–4, title II, § 201, title III, § 316(c), Feb. 4, 1987, 101 Stat. 15, 60.)

AMENDMENTS

1987—Subsec. (g)(1). Pub. L. 100–4, § 316(c), substituted ‘‘sentences, the Administrator’’ for ‘‘sentence, the Ad-ministrator’’ and inserted ‘‘(A)’’ after ‘‘October 1, 1984, for’’ and ‘‘and (B) any purpose for which a grant may be made under sections 1329(h) and (i) of this title (in-cluding any innovative and alternative approaches for the control of nonpoint sources of pollution),’’ before ‘‘except that’’.

Subsec. (p). Pub. L. 100–4, § 201, added subsec. (p). 1981—Subsec. (g)(1). Pub. L. 97–117, § 2(a), inserted pro-

visions restricting, on or after Oct. 1, 1984, the cat-egories of projects eligible for grants under this sub-chapter and providing an exception to the restriction for projects, other than specified projects, within the definition set forth in section 1292(2) of this title, but limiting such exception to not more than 20 per cen-tum, as determined by the Governor of the State, of the amount allotted to a State under section 1285 of this title for any fiscal year.

Subsec. (k). Pub. L. 97–117, § 10(c), inserted provision that subsection not be in effect after Nov. 15, 1981.

Subsec. (l). Pub. L. 97–117, § 3(a), added subsec. (l). Subsec. (m). Pub. L. 97–117, § 4, added subsec. (m). Subsec. (n). Pub. L. 97–117, § 5, added subsec. (n). Subsec. (o). Pub. L. 97–117, § 6, added subsec. (o). 1980—Subsec. (h). Pub. L. 96–483, § 2(d), struck out text

following par. (3), relating to payment to the United

States by commercial users of that portion of the cost of construction applicable to treatment of commercial wastes to the extent attributable to the Federal share of the cost of construction.

Subsec. (k). Pub. L. 96–483, § 3, added subsec. (k). 1977—Subsec. (g)(5). Pub. L. 95–217, § 12, added par. (5). Subsec. (g)(6). Pub. L. 95–217, § 13, added par. (6). Subsec. (h). Pub. L. 95–217, § 14, added subsec. (h). Subsec. (i). Pub. L. 95–217, § 15, added subsec. (i). Subsec. (j). Pub. L. 95–217, § 16, added subsec. (j).


Pub. L. 96–483, § 2(g), Oct. 21, 1980, 94 Stat. 2361, pro-vided that: ‘‘The amendments made by this section [amending sections 1281, 1284, and 1293 of this title, en-acting provisions set out as notes under section 1284 of this title, and amending provisions set out as a note under section 1284 of this title] shall take effect on De-cember 27, 1977.’’

ENVIRONMENTAL PROTECTION AGENCY STATE AND TRIBAL ASSISTANCE GRANTS

Pub. L. 105–174, title III, May 1, 1998, 112 Stat. 92, pro-vided that: ‘‘Notwithstanding any other provision of law, eligible recipients of the funds appropriated to the Environmental Protection Agency in the State and Tribal Assistance Grants account since fiscal year 1997 and hereafter for multi-media or single media grants, other than Performance Partnership Grants authorized pursuant to Public Law 104–134 and Public Law 105–65 [see Grants to Indian Tribes for Pollution Prevention, Control, and Abatement notes set out below], for pollu-tion prevention, control, and abatement and related ac-tivities have been and shall be those entities eligible for grants under the Agency’s organic statutes.’’

PRIVATIZATION OF INFRASTRUCTURE ASSETS

Pub. L. 104–303, title V, § 586, Oct. 12, 1996, 110 Stat. 3791, provided that:

‘‘(a) IN GENERAL.—Notwithstanding the provisions of title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.), Executive Order 12803 [5 U.S.C. 601 note], or any other law or authority, an entity that re-ceived Federal grant assistance for an infrastructure asset under the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.] shall not be required to repay any portion of the grant upon the lease or concession of the asset only if—

‘‘(1) ownership of the asset remains with the entity that received the grant; and

‘‘(2) the Administrator of the Environmental Pro-tection Agency determines that the lease or conces-sion furthers the purposes of such Act and approves the lease or concession. ‘‘(b) LIMITATION.—The Administrator shall not ap-

prove a total of more than 5 leases and concessions under this section.’’

GRANTS TO STATES TO ADMINISTER COMPLETION AND CLOSEOUT OF CONSTRUCTION GRANTS PROGRAM

Pub. L. 104–204, title III, Sept. 26, 1996, 110 Stat. 2912, provided in part: ‘‘That notwithstanding any other pro-vision of law, beginning in fiscal year 1997 the Adminis-trator may make grants to States, from funds available for obligation in the State under title II of the Federal Water Pollution Control Act [33 U.S.C. 1281 et seq.], as amended, for administering the completion and close-out of the State’s construction grants program, based on a budget annually negotiated with the State’’.

WASTEWATER ASSISTANCE TO COLONIAS

Pub. L. 104–182, title III, § 307, Aug. 6, 1996, 110 Stat. 1688, provided that:

‘‘(a) DEFINITIONS.—As used in this section: ‘‘(1) BORDER STATE.—The term ‘border State’ means

Arizona, California, New Mexico, and Texas. ‘‘(2) ELIGIBLE COMMUNITY.—The term ‘eligible com-

munity’ means a low-income community with eco-nomic hardship that—


‘‘(A) is commonly referred to as a colonia; ‘‘(B) is located along the United States-Mexico

border (generally in an unincorporated area); and ‘‘(C) lacks basic sanitation facilities such as

household plumbing or a proper sewage disposal system. ‘‘(3) TREATMENT WORKS.—The term ‘treatment

works’ has the meaning provided in section 212(2) of the Federal Water Pollution Control Act (33 U.S.C. 1292(2)). ‘‘(b) GRANTS FOR WASTEWATER ASSISTANCE.—The Ad-

ministrator of the Environmental Protection Agency and the heads of other appropriate Federal agencies are authorized to award grants to a border State to provide assistance to eligible communities for the planning, de-sign, and construction or improvement of sewers, treat-ment works, and appropriate connections for waste-water treatment.

‘‘(c) USE OF FUNDS.—Each grant awarded pursuant to subsection (b) shall be used to provide assistance to one or more eligible communities with respect to which the residents are subject to a significant health risk (as de-termined by the Administrator or the head of the Fed-eral agency making the grant) attributable to the lack of access to an adequate and affordable treatment works for wastewater.

‘‘(d) COST SHARING.—The amount of a grant awarded pursuant to this section shall not exceed 50 percent of the costs of carrying out the project that is the subject of the grant.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section $25,000,000 for each of the fiscal years 1997 through 1999.’’

GRANTS TO INDIAN TRIBES FOR POLLUTION PREVENTION, CONTROL AND ABATEMENT

Pub. L. 105–65, title III, Oct. 27, 1997, 111 Stat. 1373, provided in part that: ‘‘$745,000,000 for grants to States, federally recognized tribes, and air pollution control agencies for multi-media or single media pollution pre-vention, control and abatement and related activities pursuant to the provisions set forth under this heading in Public Law 104–134 [see below], provided that eligible recipients of these funds and the funds made available for this purpose since fiscal year 1996 and hereafter in-clude States, federally recognized tribes, interstate agencies, tribal consortia, and air pollution control agencies, as provided in authorizing statutes, subject to such terms and conditions as the Administrator shall establish, and for making grants under section 103 of the Clean Air Act [42 U.S.C. 7403] for particulate matter monitoring and data collection activities’’.

Pub. L. 105–65, title III, Oct. 27, 1997, 111 Stat. 1374, provided in part: ‘‘That, hereafter from funds appro-priated under this heading [‘‘ENVIRONMENTAL PROTEC-TION AGENCY’’ and ‘‘STATE AND TRIBAL ASSISTANCE GRANTS’’], the Administrator is authorized to make grants to federally recognized Indian governments for the development of multi-media environmental pro-grams: Provided further, That, hereafter, the funds available under this heading for grants to States, feder-ally recognized tribes, and air pollution control agen-cies for multi-media or single media pollution preven-tion, control and abatement and related activities may also be used for the direct implementation by the Fed-eral Government of a program required by law in the absence of an acceptable State or tribal program’’.

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 104–204, title III, Sept. 26, 1996, 110 Stat. 2912. Pub. L. 104–134, title I, § 101(e) [title III], Apr. 26, 1996,

110 Stat. 1321–257, 1321–299, renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.

Pub. L. 103–327, title III, Sept. 28, 1994, 108 Stat. 2320. Pub. L. 103–124, title III, Oct. 28, 1993, 107 Stat. 1293. Pub. L. 102–389, title III, Oct. 6, 1992, 106 Stat. 1597. Pub. L. 102–139, title III, Oct. 28, 1991, 105 Stat. 762. Pub. L. 101–507, title III, Nov. 5, 1990, 104 Stat. 1372.

Pub. L. 104–134, title I, § 101(e) [title III], Apr. 26, 1996, 110 Stat. 1321–257, 1321–299; renumbered title I, Pub. L.

104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided in part: ‘‘That beginning in fiscal year 1996 and each fiscal year thereafter, and notwithstanding any other provi-sion of law, the Administrator is authorized to make grants annually from funds appropriated under this heading [‘‘ENVIRONMENTAL PROTECTION AGENCY’’ and ‘‘STATE AND TRIBAL ASSISTANCE GRANTS’’], subject to such terms and conditions as the Administrator shall establish, to any State or federally recognized Indian tribe for multimedia or single media pollution preven-tion, control and abatement and related environmental activities at the request of the Governor or other ap-propriate State official or the tribe’’.

STATE MANAGEMENT OF CONSTRUCTION GRANT ACTIVITIES

Pub. L. 104–134, title I, § 101(e) [title III], Apr. 26, 1996, 110 Stat. 1321–257, 1321–299; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided in part: ‘‘That of the funds appropriated in the Construc-tion Grants and Water Infrastructure/State Revolving Funds accounts since the appropriation for the fiscal year ending September 30, 1992, and hereafter, for mak-ing grants for wastewater treatment works construc-tion projects, portions may be provided by the recipi-ents to States for managing construction grant activi-ties, on condition that the States agree to reimburse the recipients from State funding sources’’.

GRANTS TO TRUST TERRITORY OF THE PACIFIC ISLANDS, AMERICAN SAMOA, GUAM, NORTHERN MARIANA IS-LANDS, AND VIRGIN ISLANDS; WAIVER OF COLLECTOR SEWERS LIMITATION

Pub. L. 99–396, § 12(b), Aug. 27, 1986, 100 Stat. 841, pro-vided that: ‘‘In awarding grants to the Trust Territory of the Pacific Islands, American Samoa, Guam, the Northern Mariana Islands and the Virgin Islands under section 201(g)(1) of the Clean Water Act (33 U.S.C. 1251 et seq.) [subsec. (g)(1) of this section], the Adminis-trator of the Environmental Protection Agency may waive limitations regarding grant eligibility for sewer-age facilities and related appurtenances, insofar as such limitations relate to collector sewers, based upon a determination that applying such limitations could hinder the alleviation of threats to public health and water quality. In making such a determination, the Ad-ministrator shall take into consideration the public health and water quality benefits to be derived and the availability of alternate funding sources. The Adminis-trator shall not award grants under this section for the operation and maintenance of sewerage facilities, for construction of facilities which are not an essential component of the sewerage facilities, or any other ac-tivities or facilities which are not concerned with the management of wastewater to alleviate threats to pub-lic health and water quality.’’ [For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insu-lar Possessions.]

ENVIRONMENTAL FINANCING AUTHORITY

Pub. L. 92–500, § 12, Oct. 18, 1972, 86 Stat. 899, as amended by Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, provided that:

‘‘(a) [Short Title] This section may be cited as the Environmental Financing Act of 1972.

‘‘(b) [Establishment] There is hereby created a body corporate to be known as the Environmental Financing Authority, which shall have succession until dissolved by Act of Congress. The Authority shall be subject to the general supervision and direction of the Secretary of the Treasury. The Authority shall be an instrumen-tality of the United States Government and shall main-tain such offices as may be necessary or appropriate in the conduct of its business.

‘‘(c) [Congressional Declaration of Purpose] The pur-pose of this section is to assure that inability to borrow necessary funds on reasonable terms does not prevent any State or local public body from carrying out any


project for construction of waste treatment works de-termined eligible for assistance pursuant to subsection (e) of this section.

‘‘(d) [Board of Directors] (1) The Authority shall have a Board of Directors consisting of five persons, one of whom shall be the Secretary of the Treasury or his des-ignee as Chairman of the Board, and four of whom shall be appointed by the President from among the officers or employees of the Authority or of any department or agency of the United States Government.

‘‘(2) The Board of Directors shall meet at the call of its Chairman. The Board shall determine the general policies which shall govern the operations of the Au-thority. The Chairman of the Board shall select and ef-fect the appointment of qualified persons to fill the of-fices as may be provided for in the bylaws, with such executive functions, powers, and duties as may be pre-scribed by the bylaws or by the Board of Directors, and such persons shall be the executive officers of the Au-thority and shall discharge all such executive func-tions, powers, and duties. The members of the Board, as such, shall not receive compensation for their services.

‘‘(e) [Purchase of State and Local Obligations] (1) Until July 1, 1975, the Authority is authorized to make commitments to purchase, and to purchase on terms and conditions determined by the Authority, any obli-gation or participation therein which is issued by a State or local public body to finance the non-Federal share of the cost of any project for the construction of waste treatment works which the Administrator of the Environmental Protection Agency has determined to be eligible for Federal financial assistance under the Federal Water Pollution Control Act [this chapter].

‘‘(2) No commitment shall be entered into, and no purchase shall be made, unless the Administrator of the Environmental Protection Agency (A) has certified that the public body is unable to obtain on reasonable terms sufficient credit to finance its actual needs; (B) has approved the project as eligible under the Federal Water Pollution Control Act [this chapter], and (C) has agreed to guarantee timely payment of principal and interest on the obligation. The Administrator is au-thorized to guarantee such timely payments and to issue regulations as he deems necessary and proper to protect such guarantees. Appropriations are hereby au-thorized to be made to the Administrator in such sums as are necessary to make payments under such guaran-tees, and such payments are authorized to be made from such appropriations.

‘‘(3) No purchase shall be made of obligations issued to finance projects, the permanent financing of which occurred prior to the enactment of this section [Oct. 18, 1972].

‘‘(4) Any purchase by the Authority shall be upon such terms and conditions as to yield a return at a rate determined by the Secretary of the Treasury taking into consideration (A) the current average yield on out-standing marketable obligations of the United States of comparable maturity or in its stead whenever the Authority has sufficient of its own long-term obliga-tions outstanding, the current average yield on out-standing obligations of the Authority of comparable maturity; and (B) the market yields on municipal bonds.

‘‘(5) The Authority is authorized to charge fees for its commitments and other services adequate to cover all expenses and to provide for the accumulation of reason-able contingency reserves and such fees shall be in-cluded in the aggregate project costs.

‘‘(f) [Initial Capital] To provide initial capital to the Authority the Secretary of the Treasury is authorized to advance the funds necessary for this purpose. Each such advance shall be upon such terms and conditions as to yield a return at a rate not less than a rate deter-mined by the Secretary of the Treasury taking into consideration the current average yield on outstanding marketable obligations of the United States of com-parable maturities. Interest payments on such ad-vances may be deferred, at the discretion of the Sec-retary, but any such deferred payments shall them-

selves bear interest at the rate specified in this section. There is authorized to be appropriated not to exceed $100,000,000, which shall be available for the purposes of this subsection.

‘‘(g) [Issuance of Obligations] (1) The Authority is au-thorized, with the approval of the Secretary of the Treasury, to issue and have outstanding obligations having such maturities and bearing such rate or rates of interest as may be determined by the Authority. Such obligations may be redeemable at the option of the Authority before maturity in such manner as may be stipulated therein.

‘‘(2) As authorized in appropriation Acts, and such authorizations may be without fiscal year limitations, the Secretary of the Treasury may in his discretion purchase or agree to purchase any obligations issued pursuant to paragraph (1) of this subsection, and for such purpose the Secretary of the Treasury is author-ized to use as a public debt transaction the proceeds of the sale of any securities hereafter issued under chap-ter 31 of title 31, as now or hereafter in force, and the purposes for which securities may be issued under chap-ter 31 of title 31, as now or hereafter in force, are ex-tended to include such purchases. Each purchase of ob-ligations by the Secretary of the Treasury under this subsection shall be upon such terms and conditions as to yield a return at a rate not less than a rate deter-mined by the Secretary of the Treasury, taking into consideration the current average yield on outstanding marketable obligations of the United States of com-parable maturities. The Secretary of the Treasury may sell, upon such terms and conditions and at such price or prices as he shall determine, any of the obligations acquired by him under this paragraph. All purchases and sales by the Secretary of the Treasury of such obli-gations under this paragraph shall be treated as public debt transactions of the United States. (As amended Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067.)

‘‘(h) [Interest Differential] The Secretary of the Treasury is authorized and directed to make annual payments to the Authority in such amounts as are nec-essary to equal the amount by which the dollar amount of interest expense accrued by the Authority on ac-count of its obligations exceeds the dollar amount of interest income accrued by the Authority on account of obligations purchased by it pursuant to subsection (e) of this section.

‘‘(i) [Powers] The Authority shall have power— ‘‘(1) to sue and be sued, complain and defend, in its

corporate name; ‘‘(2) to adopt, alter, and use a corporate seal, which

shall be judicially noticed; ‘‘(3) to adopt, amend, and repeal bylaws, rules, and

regulations as may be necessary for the conduct of its business;

‘‘(4) to conduct its business, carry on its operations, and have offices and exercise the powers granted by this section in any State without regard to any quali-fication or similar statute in any State;

‘‘(5) to lease, purchase, or otherwise acquire, own, hold, improve, use, or otherwise deal in and with any property, real, personal, or mixed, or any interest therein, wherever situated;

‘‘(6) to accept gifts or donations of services, or of property, real, personal, or mixed, tangible or intan-gible, in aid of any of the purposes of the Authority;

‘‘(7) to sell, convey, mortgage, pledge, lease, ex-change, and otherwise dispose of its property and as-sets;

‘‘(8) to appoint such officers, attorneys, employees, and agents as may be required, to define their duties, to fix and to pay such compensation for their services as may be determined, subject to the civil service and classification laws, to require bonds for them and pay the premium thereof; and

‘‘(9) to enter into contracts, to execute instru-ments, to incur liabilities, and to do all things as are necessary or incidental to the proper management of its affairs and the proper conduct of its business. ‘‘(j) [Tax Exemption, Exemptions] The Authority, its

property, its franchise, capital, reserves, surplus, secu-


rity holdings, and other funds, and its income shall be exempt from all taxation now or hereafter imposed by the United States or by any State or local taxing au-thority; except that (A) any real property and any tan-gible personal property of the Authority shall be sub-ject to Federal, State, and local taxation to the same extent according to its value as other such property is taxed, and (B) any and all obligations issued by the Au-thority shall be subject both as to principal and inter-est to Federal, State, and local taxation to the same extent as the obligations of private corporations are taxed.

‘‘(k) [Nature of Obligations] All obligations issued by the Authority shall be lawful investments, and may be accepted as security for all fiduciary, trust, and public funds, the investment or deposit of which shall be under authority or control of the United States or of any officer or officers thereof. All obligations issued by the Authority pursuant to this section shall be deemed to be exempt securities within the meaning of laws ad-ministered by the Securities and Exchange Commis-sion, to the same extent as securities which are issued by the United States.

‘‘(l) [Preparation of Obligations by Secretary of the Treasury] In order to furnish obligations for delivery by the Authority, the Secretary of the Treasury is au-thorized to prepare such obligations in such form as the Authority may approve, such obligations when pre-pared to be held in the Treasury subject to delivery upon order by the Authority. The engraved plates, dies, bed pieces, and so forth, executed in connection there-with, shall remain in the custody of the Secretary of the Treasury. The Authority shall reimburse the Sec-retary of the Treasury for any expenditures made in the preparation, custody, and delivery of such obliga-tions.

‘‘(m) [Annual Report to Congress] The Authority shall, as soon as practicable after the end of each fiscal year, transmit to the President and the Congress an an-nual report of its operations and activities.

‘‘(n) [Subsec. (n) amended section 24 of Title 12, Banks and Banking, and is not set out herein.]

‘‘(o) [Financial Controls] The budget and audit provi-sions of chapter 91 of title 31 shall be applicable to the Environmental Financing Authority in the same man-ner as they are applied to the wholly owned Govern-ment corporations. (As amended Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067.)

‘‘(p) [Subsec. (p) amended section 711 of former Title 31, Money and Finance, and is not set out herein.]’’

§ 1281a. Total treatment system funding

Notwithstanding any other provision of law, in any case where the Administrator of the Envi-ronmental Protection Agency finds that the total of all grants made under section 1281 of this title for the same treatment works exceeds the actual construction costs for such treatment works (as defined in this chapter) such excess amount shall be a grant of the Federal share (as defined in this chapter) of the cost of construc-tion of a sewage collection system if—

(1) such sewage collection system was con-structed as part of the same total treatment system as the treatment works for which such grants under section 1281 of this title were ap-proved, and

(2) an application for assistance for the con-struction of such sewage collection system was filed in accordance with section 3102 of title 42 before all such grants under section 1281 of this title were made and such grant under section 3102 of title 42 could not be ap-proved due to lack of funding under such sec-tion 3102 of title 42.

The total of all grants for sewage collection sys-tems made under this section shall not exceed $2,800,000.

(Pub. L. 95–217, § 78, Dec. 27, 1977, 91 Stat. 1611.)

REFERENCES IN TEXT

Section 3102 of title 42, referred to in par. (2), was omitted from the Code pursuant to section 5316 of Title 42, The Public Health and Welfare, which terminated the authority to make grants or loans under that sec-tion after Jan. 1, 1975.

CODIFICATION

Section was enacted as part of the Clean Water Act of 1977, Pub. L. 95–217, and not as part of the Federal Water Pollution Control Act which comprises this chapter.

§ 1281b. Availability of Farmers Home Adminis-tration funds for non-Federal share

Notwithstanding any other provision of law, Federal assistance made available by the Farm-ers Home Administration to any political sub-division of a State may be used to provide the non-Federal share of the cost of any construc-tion project carried out under section 1281 of this title.

(Pub. L. 100–4, title II, § 202(f), Feb. 4, 1987, 101 Stat. 16.)

CODIFICATION

Section was enacted as part of the Water Quality Act of 1987, and not as part of the Federal Water Pollution Control Act which comprises this chapter.

§ 1282. Federal share

(a) Amount of grants for treatment works

(1) The amount of any grant for treatment works made under this chapter from funds au-thorized for any fiscal year beginning after June 30, 1971, and ending before October 1, 1984, shall be 75 per centum of the cost of construction thereof (as approved by the Administrator), and for any fiscal year beginning on or after October 1, 1984, shall be 55 per centum of the cost of con-struction thereof (as approved by the Adminis-trator), unless modified to a lower percentage rate uniform throughout a State by the Gov-ernor of that State with the concurrence of the Administrator. Within ninety days after October 21, 1980, the Administrator shall issue guidelines for concurrence in any such modification, which shall provide for the consideration of the unobli-gated balance of sums allocated to the State under section 1285 of this title, the need for as-sistance under this subchapter in such State, and the availability of State grant assistance to replace the Federal share reduced by such modi-fication. The payment of any such reduced Fed-eral share shall not constitute an obligation on the part of the United States or a claim on the part of any State or grantee to reimbursement for the portion of the Federal share reduced in any such State. Any grant (other than for reim-bursement) made prior to October 18, 1972, from any funds authorized for any fiscal year begin-ning after June 30, 1971, shall, upon the request of the applicant, be increased to the applicable percentage under this section. Notwithstanding the first sentence of this paragraph, in any case


where a primary, secondary, or advanced waste treatment facility or its related interceptors or a project for infiltration-in-flow correction has received a grant for erection, building, acquisi-tion, alteration, remodeling, improvement, ex-tension, or correction before October 1, 1984, all segments and phases of such facility, intercep-tors, and project for infiltration-in-flow correc-tion shall be eligible for grants at 75 per centum of the cost of construction thereof for any grant made pursuant to a State obligation which obli-gation occurred before October 1, 1990. Notwith-standing the first sentence of this paragraph, in the case of a project for which an application for a grant under this subchapter has been made to the Administrator before October 1, 1984, and which project is under judicial injunction on such date prohibiting its construction, such project shall be eligible for grants at 75 percent of the cost of construction thereof. Notwith-standing the first sentence of this paragraph, in the case of the Wyoming Valley Sanitary Au-thority project mandated by judicial order under a proceeding begun prior to October 1, 1984, and a project for wastewater treatment for Altoona, Pennsylvania, such projects shall be el-igible for grants at 75 percent of the cost of con-struction thereof.

(2) The amount of any grant made after Sep-tember 30, 1978, and before October 1, 1981, for any eligible treatment works or significant por-tion thereof utilizing innovative or alternative wastewater treatment processes and techniques referred to in section 1281(g)(5) of this title shall be 85 per centum of the cost of construction thereof, unless modified by the Governor of the State with the concurrence of the Administrator to a percentage rate no less than 15 per centum greater than the modified uniform percentage rate in which the Administrator has concurred pursuant to paragraph (1) of this subsection. The amount of any grant made after September 30, 1981, for any eligible treatment works or unit processes and techniques thereof utilizing inno-vative or alternative wastewater treatment processes and techniques referred to in section 1281(g)(5) of this title shall be a percentage of the cost of construction thereof equal to 20 per centum greater than the percentage in effect under paragraph (1) of this subsection for such works or unit processes and techniques, but in no event greater than 85 per centum of the cost of construction thereof. No grant shall be made under this paragraph for construction of a treat-ment works in any State unless the proportion of the State contribution to the non-Federal share of construction costs for all treatment works in such State receiving a grant under this paragraph is the same as or greater than the proportion of the State contribution (if any) to the non-Federal share of construction costs for all treatment works receiving grants in such State under paragraph (1) of this subsection.

(3) In addition to any grant made pursuant to paragraph (2) of this subsection, the Adminis-trator is authorized to make a grant to fund all of the costs of the modification or replacement of any facilities constructed with a grant made pursuant to paragraph (2) if the Administrator finds that such facilities have not met design performance specifications unless such failure is

attributable to negligence on the part of any person and if such failure has significantly in-creased capital or operating and maintenance expenditures. In addition, the Administrator is authorized to make a grant to fund all of the costs of the modification or replacement of biodisc equipment (rotating biological contac-tors) in any publicly owned treatment works if the Administrator finds that such equipment has failed to meet design performance specifica-tions, unless such failure is attributable to neg-ligence on the part of any person, and if such failure has significantly increased capital or op-erating and maintenance expenditures.

(4) For the purposes of this section, the term ‘‘eligible treatment works’’ means those treat-ment works in each State which meet the re-quirements of section 1281(g)(5) of this title and which can be fully funded from funds available for such purpose in such State.

(b) Amount of grants for construction of treat-ment works not commenced prior to July 1, 1971

The amount of the grant for any project ap-proved by the Administrator after January 1, 1971, and before July 1, 1971, for the construction of treatment works, the actual erection, build-ing or acquisition of which was not commenced prior to July 1, 1971, shall, upon the request of the applicant, be increased to the applicable per-centage under subsection (a) of this section for grants for treatment works from funds for fiscal years beginning after June 30, 1971, with respect to the cost of such actual erection, building, or acquisition. Such increased amount shall be paid from any funds allocated to the State in which the treatment works is located without regard to the fiscal year for which such funds were authorized. Such increased amount shall be paid for such project only if—

(1) a sewage collection system that is a part of the same total waste treatment system as the treatment works for which such grant was approved is under construction or is to be con-structed for use in conjunction with such treatment works, and if the cost of such sew-age collection system exceeds the cost of such treatment works, and

(2) the State water pollution control agency or other appropriate State authority certifies that the quantity of available ground water will be insufficient, inadequate, or unsuitable for public use, including the ecological preser-vation and recreational use of surface water bodies, unless effluents from publicly-owned treatment works after adequate treatment are returned to the ground water consistent with acceptable technological standards.

(c) Availability of sums allotted to Puerto Rico

Notwithstanding any other provision of law, sums allotted to the Commonwealth of Puerto Rico under section 1285 of this title for fiscal year 1981 shall remain available for obligation for the fiscal year for which authorized and for the period of the next succeeding twenty-four months. Such sums and any unobligated funds available to Puerto Rico from allotments for fis-cal years ending prior to October 1, 1981, shall be available for obligation by the Administrator of the Environmental Protection Agency only to


fund the following systems: Aguadilla, Arecibo, Mayaguez, Carolina, and Camuy Hatillo. These funds may be used by the commonwealth of Puerto Rico to fund the non-Federal share of the costs of such projects. To the extent that these funds are used to pay the non-Federal share, the Commonwealth of Puerto Rico shall repay to the Environmental Protection Agency such amounts on terms and conditions developed and approved by the Administrator in consultation with the Governor of the Commonwealth of Puerto Rico. Agreement on such terms and con-ditions, including the payment of interest to be determined by the Secretary of the Treasury, shall be reached prior to the use of these funds for the Commonwealth’s non-Federal share. No Federal funds awarded under this provision shall be used to replace local governments funds pre-viously expended on these projects.

(June 30, 1948, ch. 758, title II, § 202, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 834; amended Pub. L. 95–217, § 17, Dec. 27, 1977, 91 Stat. 1571; Pub. L. 96–483, § 9, Oct. 21, 1980, 94 Stat. 2362; Pub. L. 97–117, §§ 7, 8(a), (b), Dec. 29, 1981, 95 Stat. 1625; Pub. L. 97–357, title V, § 501, Oct. 19, 1982, 96 Stat. 1712; Pub. L. 100–4, title II, § 202(a)–(d), Feb. 4, 1987, 101 Stat. 15, 16.)

AMENDMENTS

1987—Subsec. (a)(1). Pub. L. 100–4, § 202(a), inserted ‘‘for any grant made pursuant to a State obligation which obligation occurred before October 1, 1990’’ be-fore period at end of last sentence.

Pub. L. 100–4, § 202(b), inserted at end ‘‘Notwithstand-ing the first sentence of this paragraph, in the case of a project for which an application for a grant under this subchapter has been made to the Administrator be-fore October 1, 1984, and which project is under judicial injunction on such date prohibiting its construction, such project shall be eligible for grants at 75 percent of the cost of construction thereof.’’

Pub. L. 100–4, § 202(c), inserted at end ‘‘Notwithstand-ing the first sentence of this paragraph, in the case of the Wyoming Valley Sanitary Authority project man-dated by judicial order under a proceeding begun prior to October 1, 1984, and a project for wastewater treat-ment for Altoona, Pennsylvania, such projects shall be eligible for grants at 75 percent of the cost of construc-tion thereof.’’

Subsec. (a)(3). Pub. L. 100–4, § 202(d), inserted at end ‘‘In addition, the Administrator is authorized to make a grant to fund all of the costs of the modification or replacement of biodisc equipment (rotating biological contactors) in any publicly owned treatment works if the Administrator finds that such equipment has failed to meet design performance specifications, unless such failure is attributable to negligence on the part of any person, and if such failure has significantly increased capital or operating and maintenance expenditures.’’

1982—Subsec. (c). Pub. L. 97–357 added subsec. (c). 1981—Subsec. (a)(1). Pub. L. 97–117, § 7, inserted ‘‘and

ending before October 30, 1984,’’ after ‘‘June 30, 1971,’’ and ‘‘and for any fiscal year beginning on or after Octo-ber 1, 1984, shall be 55 per centum of the cost of con-struction thereof (as approved by the Administrator),’’ after ‘‘(as approved by the Administrator),’’ and provi-sion that notwithstanding first sentence of this para-graph, in any case where primary, secondary, or ad-vanced waste treatment facility or its related intercep-tors or a project for infiltration-in-flow correction has received a grant for building, acquisition, etc., before Oct. 1, 1984, all segments and phases be eligible for grants at 75 per centum of the cost of construction.

Subsec. (a)(2). Pub. L. 97–117, § 8(a), inserted provision that the amount of any grant made after Sept. 30, 1981, for any eligible treatment works or unit processes or

techniques, utilizing innovative or alternative waste-water treatment processes or techniques referred to in section 1281(g)(5) of this title be a percentage of the cost of construction equal to 20 per centum greater than the percentage in effect under par. (1) of this sub-section, but in no event greater than 85 per centum of the cost of construction.

Subsec. (a)(4). Pub. L. 97–117, § 8(b), struck out ‘‘in the fiscal years ending September 30, 1979, September 30, 1980, and September 30, 1981’’ after ‘‘purpose in such State’’ and provision that excluded from term ‘‘eligible treatment works’’ collector sewers, interceptors, storm or sanitary sewers or the separation thereof, or major sewer rehabilitation.

1980—Subsec. (a)(1). Pub. L. 96–483, § 9(a), inserted pro-visions relating to modification to a lower percentage rate by the Governor of the State and issuance of guidelines by the Administrator for the concurrence in any such modification.

Subsec. (a)(2). Pub. L. 96–483, § 9(b), inserted provision relating to the modification by the Governor of the State to a percentage rate no less than 15 per centum greater than the modified uniform rate in which the Administrator has concurred.

1977—Subsec. (a). Pub. L. 95–217 designated existing provisions as par. (1) and added pars. (2) to (4).

PROMULGATION OF FEDERAL SHARES

Act July 9, 1956, ch. 518, § 4, 70 Stat. 507, authorized the Surgeon General to promulgate Federal shares under the Federal Water Pollution Control Grant Pro-gram as soon as possible after July 9, 1956, in the man-ner specified in the Water Pollution Control Act, act June 30, 1948, ch. 758, 62 Stat. 1155, and provided that such shares were to be conclusive for the purposes of section 5 of act June 30, 1948.

§ 1283. Plans, specifications, estimates, and pay-ments

(a) Submission; contractual nature of approval by Administrator; agreement on eligible costs; single grant

(1) Each applicant for a grant shall submit to the Administrator for his approval, plans, speci-fications, and estimates for each proposed project for the construction of treatment works for which a grant is applied for under section 1281(g)(1) of this title from funds allotted to the State under section 1285 of this title and which otherwise meets the requirements of this chap-ter. The Administrator shall act upon such plans, specifications, and estimates as soon as practicable after the same have been submitted, and his approval of any such plans, specifica-tions, and estimates shall be deemed a contrac-tual obligation of the United States for the pay-ment of its proportional contribution to such project.

(2) AGREEMENT ON ELIGIBLE COSTS.— (A) LIMITATION ON MODIFICATIONS.—Before

taking final action on any plans, specifica-tions, and estimates submitted under this sub-section after the 60th day following February 4, 1987, the Administrator shall enter into a written agreement with the applicant which establishes and specifies which items of the proposed project are eligible for Federal pay-ments under this section. The Administrator may not later modify such eligibility deter-minations unless they are found to have been made in violation of applicable Federal stat-utes and regulations.

(B) LIMITATION ON EFFECT.—Eligibility deter-minations under this paragraph shall not pre-


clude the Administrator from auditing a project pursuant to section 1361 of this title, or other authority, or from withholding or re-covering Federal funds for costs which are found to be unreasonable, unsupported by ade-quate documentation, or otherwise unallow-able under applicable Federal cost principles, or which are incurred on a project which fails to meet the design specifications or effluent limitations contained in the grant agreement and permit pursuant to section 1342 of this title for such project.

(3) In the case of a treatment works that has an estimated total cost of $8,000,000 or less (as determined by the Administrator), and the pop-ulation of the applicant municipality is twenty- five thousand or less (according to the most re-cent United States census), upon completion of an approved facility plan, a single grant may be awarded for the combined Federal share of the cost of preparing construction plans and speci-fications, and the building and erection of the treatment works.

(b) Periodic payments

The Administrator shall, from time to time as the work progresses, make payments to the re-cipient of a grant for costs of construction in-curred on a project. These payments shall at no time exceed the Federal share of the cost of con-struction incurred to the date of the voucher covering such payment plus the Federal share of the value of the materials which have been stockpiled in the vicinity of such construction in conformity to plans and specifications for the project.

(c) Final payments

After completion of a project and approval of the final voucher by the Administrator, he shall pay out of the appropriate sums the unpaid bal-ance of the Federal share payable on account of such project.

(d) Projects eligible

Nothing in this chapter shall be construed to require, or to authorize the Administrator to re-quire, that grants under this chapter for con-struction of treatment works be made only for projects which are operable units usable for sew-age collection, transportation, storage, waste treatment, or for similar purposes without addi-tional construction.

(e) Technical and legal assistance in administra-tion and enforcement of contracts; interven-tion in civil actions

At the request of a grantee under this sub-chapter, the Administrator is authorized to pro-vide technical and legal assistance in the admin-istration and enforcement of any contract in connection with treatment works assisted under this subchapter, and to intervene in any civil ac-tion involving the enforcement of such a con-tract.

(f) Design/build projects

(1) Agreement

Consistent with State law, an applicant who proposes to construct waste water treatment works may enter into an agreement with the Administrator under this subsection providing

for the preparation of construction plans and specifications and the erection of such treat-ment works, in lieu of proceeding under the other provisions of this section.

(2) Limitation on projects

Agreements under this subsection shall be limited to projects under an approved facility plan which projects are—

(A) treatment works that have an esti-mated total cost of $8,000,000 or less; and

(B) any of the following types of waste water treatment systems: aerated lagoons, trickling filters, stabilization ponds, land application systems, sand filters, and sub-surface disposal systems.

(3) Required terms

An agreement entered into under this sub-section shall—

(A) set forth an amount agreed to as the maximum Federal contribution to the project, based upon a competitively bid doc-ument of basic design data and applicable standard construction specifications and a determination of the federally eligible costs of the project at the applicable Federal share under section 1282 of this title;

(B) set forth dates for the start and com-pletion of construction of the treatment works by the applicant and a schedule of payments of the Federal contribution to the project;

(C) contain assurances by the applicant that (i) engineering and management assist-ance will be provided to manage the project; (ii) the proposed treatment works will be an operable unit and will meet all the require-ments of this subchapter; and (iii) not later than 1 year after the date specified as the date of completion of construction of the treatment works, the treatment works will be operating so as to meet the requirements of any applicable permit for such treatment works under section 1342 of this title;

(D) require the applicant to obtain a bond from the contractor in an amount deter-mined necessary by the Administrator to protect the Federal interest in the project; and

(E) contain such other terms and condi-tions as are necessary to assure compliance with this subchapter (except as provided in paragraph (4) of this subsection).

(4) Limitation on application

Subsections (a), (b), and (c) of this section shall not apply to grants made pursuant to this subsection.

(5) Reservation to assure compliance

The Administrator shall reserve a portion of the grant to assure contract compliance until final project approval as defined by the Ad-ministrator. If the amount agreed to under paragraph (3)(A) exceeds the cost of designing and constructing the treatment works, the Ad-ministrator shall reallot the amount of the ex-cess to the State in which such treatment works are located for the fiscal year in which such audit is completed.

(6) Limitation on obligations

The Administrator shall not obligate more than 20 percent of the amount allotted to a


1 So in original. The period probably should be a semicolon.

State for a fiscal year under section 1285 of this title for grants pursuant to this sub-section.

(7) Allowance

The Administrator shall determine an allow-ance for facilities planning for projects con-structed under this subsection in accordance with section 1281(l) of this title.

(8) Limitation on Federal contributions

In no event shall the Federal contribution for the cost of preparing construction plans and specifications and the building and erec-tion of treatment works pursuant to this sub-section exceed the amount agreed upon under paragraph (3).

(9) Recovery action

In any case in which the recipient of a grant made pursuant to this subsection does not comply with the terms of the agreement en-tered into under paragraph (3), the Adminis-trator is authorized to take such action as may be necessary to recover the amount of the Federal contribution to the project.

(10) Prevention of double benefits

A recipient of a grant made pursuant to this subsection shall not be eligible for any other grants under this subchapter for the same project.

(June 30, 1948, ch. 758, title II, § 203, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 835; amended Pub. L. 93–243, § 2, Jan. 2, 1974, 87 Stat. 1069; Pub. L. 95–217, §§ 18, 19, Dec. 27, 1977, 91 Stat. 1571, 1572; Pub. L. 96–483, § 6, Oct. 21, 1980, 94 Stat. 2362; Pub. L. 97–117, § 9, Dec. 29, 1981, 95 Stat. 1626; Pub. L. 100–4, title II, §§ 203, 204, Feb. 4, 1987, 101 Stat. 16, 17.)

AMENDMENTS

1987—Subsec. (a). Pub. L. 100–4, § 203, designated pro-vision relating to submission of plans, specifications, and estimates, and provision relating to contractual nature of approval by Administrator as par. (1), des-ignated provision relating to requirements for award-ing single grant for combined Federal share of cost of preparing plans and specifications, and building and erection of treatment works as par. (3), and added par. (2).

Subsec. (f). Pub. L. 100–4, § 204, added subsec. (f). 1981—Subsec. (a). Pub. L. 97–117 substituted

‘‘$8,000,000’’ for ‘‘$4,000,000’’ and struck out provision that, if any State is found by the Administrator to have unusually high costs of construction, the Admin-istrator may authorize a single grant where the esti-mated total cost of the treatment works does not ex-ceed $5,000,000.

1980—Subsec. (a). Pub. L. 96–483 substituted ‘‘$4,000,000’’ and ‘‘$5,000,000’’ for ‘‘$2,000,000’’ and ‘‘$3,000,000’’, respectively.

1977—Subsec. (a). Pub. L. 95–217, § 18, provided that, in the case of a treatment works that has an estimated total cost of $2,000,000 or less (as determined by the Ad-ministrator), and the population of the applicant mu-nicipality is twenty-five thousand or less (according to the most recent United States census), upon comple-tion of an approved facility plan, a single grant may be awarded for the combined Federal share of the cost of preparing construction plans and specifications, and the building and erection of the treatment works, and that, if any State is found by the Administrator to have unusually high costs of construction, the Admin-istrator may authorize a single grant where the esti-mated total cost of the treatment works does not ex-ceed $3,000,000.

Subsec. (e). Pub. L. 95–217, § 19, added subsec. (e). 1974—Subsec. (d). Pub. L. 93–243 added subsec. (d).

§ 1284. Limitations and conditions

(a) Determinations by Administrator

Before approving grants for any project for any treatment works under section 1281(g)(1) of this title the Administrator shall determine—

(1) that any required areawide waste treat-ment management plan under section 1288 of this title (A) is being implemented for such area and the proposed treatment works are in-cluded in such plan, or (B) is being developed for such area and reasonable progress is being made toward its implementation and the pro-posed treatment works will be included in such plan;

(2) that (A) the State in which the project is to be located (i) is implementing any required plan under section 1313(e) of this title and the proposed treatment works are in conformity with such plan, or (ii) is developing such a plan and the proposed treatment works will be in conformity with such plan, and (B) such State is in compliance with section 1315(b) of this title;

(3) that such works have been certified by the appropriate State water pollution control agency as entitled to priority over such other works in the State in accordance with any ap-plicable State plan under section 1313(e) of this title, except that any priority list devel-oped pursuant to section 1313(e)(3)(H) of this title may be modified by such State in accord-ance with regulations promulgated by the Ad-ministrator to give higher priority for grants for the Federal share of the cost of preparing construction drawings and specifications for any treatment works utilizing processes and techniques meeting the guidelines promul-gated under section 1314(d)(3) of this title and for grants for the combined Federal share of the cost of preparing construction drawings and specifications and the building and erec-tion of any treatment works meeting the re-quirements of the next to the last sentence of section 1283(a) of this title which utilizes proc-esses and techniques meeting the guidelines promulgated under section 1314(d)(3) of this title.1

(4) that the applicant proposing to construct such works agrees to pay the non-Federal costs of such works and has made adequate provisions satisfactory to the Administrator for assuring proper and efficient operation, in-cluding the employment of trained manage-ment and operations personnel, and the main-tenance of such works in accordance with a plan of operation approved by the State water pollution control agency or, as appropriate, the interstate agency, after construction thereof;

(5) that the size and capacity of such works relate directly to the needs to be served by such works, including sufficient reserve capac-ity. The amount of reserve capacity provided shall be approved by the Administrator on the basis of a comparison of the cost of construct-


ing such reserves as a part of the works to be funded and the anticipated cost of providing expanded capacity at a date when such capac-ity will be required, after taking into account, in accordance with regulations promulgated by the Administrator, efforts to reduce total flow of sewage and unnecessary water con-sumption. The amount of reserve capacity eli-gible for a grant under this subchapter shall be determined by the Administrator taking into account the projected population and associ-ated commercial and industrial establish-ments within the jurisdiction of the applicant to be served by such treatment works as iden-tified in an approved facilities plan, an area-wide plan under section 1288 of this title, or an applicable municipal master plan of develop-ment. For the purpose of this paragraph, sec-tion 1288 of this title, and any such plan, pro-jected population shall be determined on the basis of the latest information available from the United States Department of Commerce or from the States as the Administrator, by regu-lation, determines appropriate. Beginning Oc-tober 1, 1984, no grant shall be made under this subchapter to construct that portion of any treatment works providing reserve capacity in excess of existing needs (including existing needs of residential, commercial, industrial, and other users) on the date of approval of a grant for the erection, building, acquisition, alteration, remodeling, improvement, or ex-tension of a project for secondary treatment or more stringent treatment or new intercep-tors and appurtenances, except that in no event shall reserve capacity of a facility and its related interceptors to which this sub-section applies be in excess of existing needs on October 1, 1990. In any case in which an ap-plicant proposes to provide reserve capacity greater than that eligible for Federal financial assistance under this subchapter, the incre-mental costs of the additional reserve capac-ity shall be paid by the applicant;

(6) that no specification for bids in connec-tion with such works shall be written in such a manner as to contain proprietary, exclusion-ary, or discriminatory requirements other than those based upon performance, unless such requirements are necessary to test or demonstrate a specific thing or to provide for necessary interchangeability of parts and equipment. When in the judgment of the grantee, it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a ‘‘brand name or equal’’ description may be used as a means to define the performance or other salient re-quirements of a procurement, and in doing so the grantee need not establish the existence of any source other than the brand or source so named.

(b) Additional determinations; issuance of guide-lines; approval by Administrator; system of charges

(1) Notwithstanding any other provision of this subchapter, the Administrator shall not ap-prove any grant for any treatment works under section 1281(g)(1) of this title after March 1, 1973, unless he shall first have determined that the

applicant (A) has adopted or will adopt a system of charges to assure that each recipient of waste treatment services within the applicant’s juris-diction, as determined by the Administrator, will pay its proportionate share (except as otherwise provided in this paragraph) of the costs of operation and maintenance (including replacement) of any waste treatment services provided by the applicant; and (B) has legal, in-stitutional, managerial, and financial capability to insure adequate construction, operation, and maintenance of treatment works throughout the applicant’s jurisdiction, as determined by the Administrator. In any case where an applicant which, as of December 27, 1977, uses a system of dedicated ad valorem taxes and the Adminis-trator determines that the applicant has a sys-tem of charges which results in the distribution of operation and maintenance costs for treat-ment works within the applicant’s jurisdiction, to each user class, in proportion to the contribu-tion to the total cost of operation and mainte-nance of such works by each user class (taking into account total waste water loading of such works, the constituent elements of the wastes, and other appropriate factors), and such appli-cant is otherwise in compliance with clause (A) of this paragraph with respect to each industrial user, then such dedicated ad valorem tax system shall be deemed to be the user charge system meeting the requirements of clause (A) of this paragraph for the residential user class and such small non-residential user classes as defined by the Administrator. In defining small non-resi-dential users, the Administrator shall consider the volume of wastes discharged into the treat-ment works by such users and the constituent elements of such wastes as well as such other factors as he deems appropriate. A system of user charges which imposes a lower charge for low-income residential users (as defined by the Administrator) shall be deemed to be a user charge system meeting the requirements of clause (A) of this paragraph if the Administrator determines that such system was adopted after public notice and hearing.

(2) The Administrator shall, within one hun-dred and eighty days after October 18, 1972, and after consultation with appropriate State, inter-state, municipal, and intermunicipal agencies, issue guidelines applicable to payment of waste treatment costs by industrial and nonindustrial recipients of waste treatment services which shall establish (A) classes of users of such serv-ices, including categories of industrial users; (B) criteria against which to determine the ade-quacy of charges imposed on classes and cat-egories of users reflecting all factors that influ-ence the cost of waste treatment, including strength, volume, and delivery flow rate charac-teristics of waste; and (C) model systems and rates of user charges typical of various treat-ment works serving municipal-industrial com-munities.

(3) Approval by the Administrator of a grant to an interstate agency established by inter-state compact for any treatment works shall satisfy any other requirement that such works be authorized by Act of Congress.

(4) A system of charges which meets the re-quirement of clause (A) of paragraph (1) of this


subsection may be based on something other than metering the sewage or water supply flow of residential recipients of waste treatment services, including ad valorem taxes. If the sys-tem of charges is based on something other than metering the Administrator shall require (A) the applicant to establish a system by which the necessary funds will be available for the proper operation and maintenance of the treatment works; and (B) the applicant to establish a pro-cedure under which the residential user will be notified as to that portion of his total payment which will be allocated to the cost of the waste treatment services.

(c) Applicability of reserve capacity restrictions to primary, secondary, or advanced waste treatment facilities or related interceptors

The next to the last sentence of paragraph (5) of subsection (a) of this section shall not apply in any case where a primary, secondary, or ad-vanced waste treatment facility or its related interceptors has received a grant for erection, building, acquisition, alteration, remodeling, improvement, or extension before October 1, 1984, and all segments and phases of such facil-ity and interceptors shall be funded based on a 20-year reserve capacity in the case of such fa-cility and a 20-year reserve capacity in the case of such interceptors, except that, if a grant for such interceptors has been approved prior to De-cember 29, 1981, such interceptors shall be fund-ed based on the approved reserve capacity not to exceed 40 years.

(d) Engineering requirements; certification by owner and operator; contractual assurances, etc.

(1) A grant for the construction of treatment works under this subchapter shall provide that the engineer or engineering firm supervising construction or providing architect engineering services during construction shall continue its relationship to the grant applicant for a period of one year after the completion of construction and initial operation of such treatment works. During such period such engineer or engineering firm shall supervise operation of the treatment works, train operating personnel, and prepare curricula and training material for operating personnel. Costs associated with the implemen-tation of this paragraph shall be eligible for Federal assistance in accordance with this sub-chapter.

(2) On the date one year after the completion of construction and initial operation of such treatment works, the owner and operator of such treatment works shall certify to the Ad-ministrator whether or not such treatment works meet the design specifications and efflu-ent limitations contained in the grant agree-ment and permit pursuant to section 1342 of this title for such works. If the owner and operator of such treatment works cannot certify that such treatment works meet such design speci-fications and effluent limitations, any failure to meet such design specifications and effluent limitations shall be corrected in a timely man-ner, to allow such affirmative certification, at other than Federal expense.

(3) Nothing in this section shall be construed to prohibit a grantee under this subchapter from

requiring more assurances, guarantees, or in-demnity or other contractual requirements from any party to a contract pertaining to a project assisted under this subchapter, than those pro-vided under this subsection.

(June 30, 1948, ch. 758, title II, § 204, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 835; amended Pub. L. 95–217, §§ 20–24, Dec. 27, 1977, 91 Stat. 1572, 1573; Pub. L. 96–483, § 2(a), (b), Oct. 21, 1980, 94 Stat. 2360, 2361; Pub. L. 97–117, §§ 10(a), (b), 11, 12, Dec. 29, 1981, 95 Stat. 1626, 1627; Pub. L. 100–4, title II, § 205(a)–(c), Feb. 4, 1987, 101 Stat. 18.)

AMENDMENTS

1987—Subsec. (a)(1). Pub. L. 100–4, § 205(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘that such works are included in any applica-ble areawide waste treatment management plan devel-oped under section 1288 of this title;’’.

Subsec. (a)(2). Pub. L. 100–4, § 205(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘that such works are in conformity with any applicable State plan under section 1313(e) of this title;’’.

Subsec. (b)(1). Pub. L. 100–4, § 205(c), inserted at end ‘‘A system of user charges which imposes a lower charge for low-income residential users (as defined by the Administrator) shall be deemed to be a user charge system meeting the requirements of clause (A) of this paragraph if the Administrator determines that such system was adopted after public notice and hearing.’’

1981—Subsec. (a)(5). Pub. L. 97–117, § 10(a), inserted provision that beginning Oct. 1, 1984, no grant be made under this subchapter to construct that portion of any treatment works providing reserve capacity in excess of existing needs on the date of approval of a grant for the erection, building, etc., of a project for secondary treatment or more stringent treatment or new inter-ceptors and appurtenances, except that in no event shall reserve capacity of a facility and its related inter-ceptors to which this subsection applies be in excess of existing needs on Oct. 1, 1990, and that in any case in which an applicant proposes to provide reserve capac-ity greater than that eligible for Federal financial as-sistance under this subchapter, the incremental costs of the additional reserve capacity be paid by the appli-cant.

Subsec. (a)(6). Pub. L. 97–117, § 11, struck out ‘‘, or at least two brand names or trade names of comparable quality or utility are listed and are followed by the words ‘or equal’ ’’ after ‘‘parts and equipment’’ and in-serted provision that when in the judgment of the grantee, it is impractical or uneconomical to make a clear and accurate description of the technical require-ments, a ‘‘brand name or equal’’ description be used as a means to define performance or other salient require-ments of a procurement, and in doing so the grantee need not establish the existence of any source other than the brand or source so named.

Subsec. (c). Pub. L. 97–117, § 10(b), added subsec. (c). Subsec. (d). Pub. L. 97–117, § 12, added subsec. (d). 1980—Subsec. (b)(1). Pub. L. 96–483, § 2(a), redesignated

cl. (C) as (B). Former cl. (B) relating to payment, as a condition of approval of a grant, to an applicant by in-dustrial users of that portion of cost of construction al-locable to the treatment of such industrial waste to the extent attributable to the Federal share of the cost of construction, was struck out.

Subsec. (b)(3) to (6). Pub. L. 96–483, § 2(b), redesignated pars. (4) and (5) as (3) and (4), respectively. Former par. (3) relating to a formula determining the amount the grantee shall retain of the revenues derived from the payment of costs by industrial users of waste treat-ment services, to the extent costs are attributable to the Federal share of eligible project costs, and former par. (6) relating to the exemption from the require-ments of par. (1)(B) of industrial users with a flow of


twenty-five thousand gallons or less per day, were struck out.

1977—Subsec. (a)(3). Pub. L. 95–217, § 20, provided that any priority list developed pursuant to section 1313(e)(3)(H) of this title may be modified by such State in accordance with regulations promulgated by the Ad-ministrator to give higher priority for grants for the Federal share of the cost of preparing construction drawings and specifications for any treatment works utilizing processes and techniques meeting the guide-lines promulgated under section 1314(d)(3) of this title and for grants for the combined Federal share of the cost of preparing construction drawings and specifica-tions and the building and erection of any treatment works meeting the requirements of the next to the last sentence of section 1283(a) of this title which utilizes processes and techniques meeting the guidelines pro-mulgated under section 1314(d)(3) of this title.

Subsec. (a)(5). Pub. L. 95–217, § 21, provided that ef-forts to reduce total flow of sewage and unnecessary water consumption be taken into account, in accord-ance with regulations promulgated by the Adminis-trator, that the amount of reserve capacity eligible for a grant under this subchapter be determined by the Ad-ministrator taking into account the projected popu-lation and associated commercial and industrial estab-lishments within the jurisdiction of the applicant to be served by such treatment works as identified in an ap-proved facilities plan, an areawide plan under section 1288 of this title, or an applicable municipal master plan of development, and that, for the purpose of this paragraph, section 1288 of this title, and any such plan, projected population be determined on the basis of the latest information available from the United States Department of Commerce or from the States as the Ad-ministrator, by regulation, determines appropriate.

Subsec. (b)(1). Pub. L. 95–217, §§ 22(a)(1), (2), 24(c), in-serted ‘‘(except as otherwise provided in this para-graph)’’ after ‘‘proportionate share’’ in cl. (A) and ‘‘(which such portion, in the discretion of the appli-cant, may be recovered from industrial users of the total waste treatment system as distinguished from the treatment works for which the grant is made)’’ in cl. (B) and, at end of existing provisions, inserted sen-tences under which a dedicated ad valorem tax system is to be deemed the user charge system meeting the re-quirements of cl. (A) for the residential user class and such small non-residential user classes as defined by the Administrator in cases where an applicant, as of Dec. 27, 1977, uses a system of dedicated ad valorem taxes and the Administrator determines that the appli-cant has a system of charges which results in the dis-tribution of operation and maintenance costs for treat-ment works within the applicant’s jurisdiction, to each user class, in proportion to the contribution to the total cost of operation and maintenance of such works by each user class (taking into account total waste water loading of such works, the constituent elements of the wastes, and other appropriate factors), and such applicant is otherwise in compliance with cl. (A) of this paragraph with respect to each industrial user.

Subsec. (b)(3). Pub. L. 95–217, §§ 23, 24(a), substituted ‘‘necessary for the administrative costs associated with the requirement of paragraph (1)(B) of this subsection and future expansion’’ for ‘‘necessary for future expan-sion’’ in cl. (B) and, at end of existing provisions, in-serted sentence under which, subject to the approval of the Administrator, the following: ‘‘Not a grantee that received a grant prior to Dec. 27, 1977, may reduce the amounts required to be paid to such grantee by any in-dustrial user of waste treatment services under such paragraph, if such grantee requires such industrial user to adopt other means of reducing the demand for waste treatment services through reduction in the total flow of sewage or unnecessary water consumption, in pro-portion to such reduction as determined in accordance with regulations promulgated by the Administrator’’.

Subsec. (b)(5), (6). Pub. L. 95–217, §§ 22(b), 24(b), added pars. (5) and (6).


Pub. L. 100–4, title II, § 205(d), Feb. 4, 1987, 101 Stat. 18, provided that: ‘‘This section [amending this section] shall take effect on the date of the enactment of this Act [Feb. 4, 1987], except that the amendments made by subsections (a) and (b) [amending this section] shall take effect on the last day of the two-year period begin-ning on such date of enactment.’’


Amendment by Pub. L. 96–483 effective Dec. 27, 1977, see section 2(g) of Pub. L. 96–483, set out as a note under section 1281 of this title.

ELIMINATION OF INAPPLICABLE CONDITIONS OR REQUIREMENTS FROM CERTAIN GRANTS

Pub. L. 96–483, § 2(c), Oct. 21, 1980, 94 Stat. 2361, pro-vided that: ‘‘The Administrator of the Environmental Protection Agency shall take such action as may be necessary to remove from any grant made under sec-tion 201(g)(1) of the Federal Water Pollution Control Act [section 1281(g)(1) of this title] after March 1, 1973, and prior to the date of enactment of this Act [Oct. 21, 1980], any condition or requirement no longer applica-ble as a result of the repeals made by subsections (a) and (b) of this section [amending subsec. (b) of this sec-tion] or release any grant recipient of the obligations established by such conditions or other requirement.’’

Section 2(c) of Pub. L. 96–483, set out above, effective Dec. 27, 1977, see section 2(g) of Pub. L. 96–483, set out as an Effective Date of 1980 Amendment note under sec-tion 1281 of this title.

COST RECOVERY; SUSPENSION OF GRANT REQUIREMENTS THAT INDUSTRIAL USERS MAKE PAYMENTS

Pub. L. 95–217, § 75, Dec. 27, 1977, 91 Stat. 1609, as amended by Pub. L. 96–148, § 1, Dec. 16, 1979, 93 Stat. 1088; Pub. L. 96–483, § 2(f), Oct. 21, 1980, 94 Stat. 2361, di-rected Administrator of Environmental Protection Agency to study and report to Congress not later than last day of twelfth month which begins after Dec. 27, 1977, cost recovery procedures from industrial users of treatment works to the extent construction costs are attributable to the Federal share of the cost of con-struction.

§ 1285. Allotment of grant funds

(a) Funds for fiscal years during period June 30, 1972, and September 30, 1977; determination of amount

Sums authorized to be appropriated pursuant to section 1287 of this title for each fiscal year beginning after June 30, 1972, and before Septem-ber 30, 1977, shall be allotted by the Adminis-trator not later than the January 1st imme-diately preceding the beginning of the fiscal year for which authorized, except that the allot-ment for fiscal year 1973 shall be made not later than 30 days after October 18, 1972. Such sums shall be allotted among the States by the Ad-ministrator in accordance with regulations pro-mulgated by him, in the ratio that the esti-mated cost of constructing all needed publicly owned treatment works in each State bears to the estimated cost of construction of all needed publicly owned treatment works in all of the States. For the fiscal years ending June 30, 1973, and June 30, 1974, such ratio shall be determined on the basis of table III of House Public Works Committee Print No. 92–50. For the fiscal year ending June 30, 1975, such ratio shall be deter-mined one-half on the basis of table I of House Public Works Committee Print Numbered 93–28 and one-half on the basis of table II of such


1 So in original. Probably should be ‘‘1986’’.

print, except that no State shall receive an al-lotment less than that which it received for the fiscal year ending June 30, 1972, as set forth in table III of such print. Allotments for fiscal years which begin after the fiscal year ending June 30, 1975, shall be made only in accordance with a revised cost estimate made and submit-ted to Congress in accordance with section 1375(b) of this title and only after such revised cost estimate shall have been approved by law specifically enacted after October 18, 1972.

(b) Availability and use of funds allotted for fis-cal years during period June 30, 1972, and September 30, 1977; reallotment

(1) Any sums allotted to a State under sub-section (a) shall be available for obligation under section 1283 of this title on and after the date of such allotment. Such sums shall con-tinue available for obligation in such State for a period of one year after the close of the fiscal year for which such sums are authorized. Any amounts so allotted which are not obligated by the end of such one-year period shall be imme-diately reallotted by the Administrator, in ac-cordance with regulations promulgated by him, generally on the basis of the ratio used in mak-ing the last allotment of sums under this sec-tion. Such reallotted sums shall be added to the last allotments made to the States. Any sum made available to a State by reallotment under this subsection shall be in addition to any funds otherwise allotted to such State for grants under this subchapter during any fiscal year.

(2) Any sums which have been obligated under section 1283 of this title and which are released by the payment of the final voucher for the project shall be immediately credited to the State to which such sums were last allotted. Such released sums shall be added to the amounts last allotted to such State and shall be immediately available for obligation in the same manner and to the same extent as such last allotment.

(c) Funds for fiscal years during period October 1, 1977, and September 30, 1981; funds for fis-cal years 1982 to 1990; determination of amount

(1) Sums authorized to be appropriated pursu-ant to section 1287 of this title for the fiscal years during the period beginning October 1, 1977, and ending September 30, 1981, shall be al-lotted for each such year by the Administrator not later than the tenth day which begins after December 27, 1977. Notwithstanding any other provision of law, sums authorized for the fiscal years ending September 30, 1978, September 30, 1979, September 30, 1980, and September 30, 1981, shall be allotted in accordance with table 3 of Committee Print Numbered 95–30 of the Com-mittee on Public Works and Transportation of the House of Representatives.

(2) Sums authorized to be appropriated pursu-ant to section 1287 of this title for the fiscal years 1982, 1983, 1984, and 1985 shall be allotted for each such year by the Administrator not later than the tenth day which begins after De-cember 29, 1981. Notwithstanding any other pro-vision of law, sums authorized for the fiscal year ending September 30, 1982, shall be allotted in accordance with table 3 of Committee Print

Numbered 95–30 of the Committee on Public Works and Transportation of the House of Rep-resentatives. Sums authorized for the fiscal years ending September 30, 1983, September 30, 1984, September 30, 1985, and September 30, 1986, shall be allotted in accordance with the follow-ing table:

States: Fiscal years 1983

through 1985 1

Alabama ............................... .011398 Alaska .................................. .006101 Arizona ................................ .006885 Arkansas .............................. .006668 California ............................. .072901 Colorado ............................... .008154 Connecticut .......................... .012487 Delaware .............................. .004965 District of Columbia ............ .004965 Florida ................................. .034407 Georgia ................................ .017234 Hawaii .................................. .007895 Idaho .................................... .004965 Illinois ................................. .046101 Indiana ................................. .024566 Iowa ..................................... .013796 Kansas .................................. .009201 Kentucky ............................. .012973 Louisiana ............................. .011205 Maine ................................... .007788 Maryland .............................. .024653 Massachusetts ...................... .034608 Michigan .............................. .043829 Minnesota ............................ .018735 Mississippi ........................... .009184 Missouri ............................... .028257 Montana ............................... .004965 Nebraska .............................. .005214 Nevada ................................. .004965 New Hampshire .................... .010186 New Jersey ........................... .041654 New Mexico .......................... .004965 New York ............................. .113097 North Carolina ..................... .018396 North Dakota ....................... .004965 Ohio ..................................... .057383 Oklahoma ............................. .008235 Oregon .................................. .011515 Pennsylvania ....................... .040377 Rhode Island ........................ .006750 South Carolina ..................... .010442 South Dakota ....................... .004965 Tennessee ............................. .014807 Texas .................................... .038726 Utah ..................................... .005371 Vermont ............................... .004965 Virginia ................................ .020861 Washington .......................... .017726 West Virginia ....................... .015890 Wisconsin ............................. .027557 Wyoming .............................. .004965 Samoa .................................. .000915 Guam ................................... .000662 Northern Marianas ............... .000425 Puerto Rico .......................... .013295 Pacific Trust Territories ..... .001305 Virgin Islands ...................... .000531

United States totals ...... .999996

(3) FISCAL YEARS 1987–1990.—Sums authorized to be appropriated pursuant to section 1287 of this title for the fiscal years 1987, 1988, 1989, and 1990 shall be allotted for each such year by the Ad-ministrator not later than the 10th day which begins after February 4, 1987. Sums authorized


2 So in original. The period probably should be a comma.

for such fiscal years shall be allotted in accord-ance with the following table:

States:

Alabama ............................... .011309 Alaska .................................. .006053 Arizona ................................ .006831 Arkansas .............................. .006616 California ............................. .072333 Colorado ............................... .008090 Connecticut .......................... .012390 Delaware .............................. .004965 District of Columbia ............ .004965 Florida ................................. .034139 Georgia ................................ .017100 Hawaii .................................. .007833 Idaho .................................... .004965 Illinois ................................. .045741 Indiana ................................. .024374 Iowa ..................................... .013688 Kansas .................................. .009129 Kentucky ............................. .012872 Louisiana ............................. .011118 Maine ................................... .007829 Maryland .............................. .024461 Massachusetts ...................... .034338 Michigan .............................. .043487 Minnesota ............................ .018589 Mississippi ........................... .009112 Missouri ............................... .028037 Montana ............................... .004965 Nebraska .............................. .005173 Nevada ................................. .004965 New Hampshire .................... .010107 New Jersey ........................... .041329 New Mexico .......................... .004965 New York ............................. .111632 North Carolina ..................... .018253 North Dakota ....................... .004965 Ohio ..................................... .056936 Oklahoma ............................. .008171 Oregon .................................. .011425 Pennsylvania ....................... .040062 Rhode Island ........................ .006791 South Carolina ..................... .010361 South Dakota ....................... .004965 Tennessee ............................. .014692 Texas .................................... .046226 Utah ..................................... .005329 Vermont ............................... .004965 Virginia ................................ .020698 Washington .......................... .017588 West Virginia ....................... .015766 Wisconsin ............................. .027342 Wyoming .............................. .004965 American Samoa .................. .000908 Guam ................................... .000657 Northern Marianas ............... .000422 Puerto Rico .......................... .013191 Pacific Trust Territories ..... .001295 Virgin Islands ...................... .000527

(d) Availability and use of funds; reallotment

Sums allotted to the States for a fiscal year shall remain available for obligation for the fis-cal year for which authorized and for the period of the next succeeding twelve months. The amount of any allotment not obligated by the end of such twenty-four-month period shall be immediately reallotted by the Administrator on the basis of the same ratio as applicable to sums allotted for the then current fiscal year, except that none of the funds reallotted by the Admin-istrator for fiscal year 1978 and for fiscal years thereafter shall be allotted to any State which failed to obligate any of the funds being reallot-ted. Any sum made available to a State by real-lotment under this subsection shall be in addi-

tion to any funds otherwise allotted to such State for grants under this subchapter during any fiscal year.

(e) Minimum allotment; additional appropria-tions; ratio of amount available

For the fiscal years 1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, and 1990, no State shall receive less than one-half of 1 per centum of the total allotment under subsection (c) of this section, except that in the case of Guam, Virgin Islands, American Samoa, and the Trust Territories not more than thirty-three one-hundredths of 1 per centum in the aggregate shall be allotted to all four of these jurisdic-tions. For the purpose of carrying out this sub-section there are authorized to be appropriated, subject to such amounts as are provided in ap-propriation Acts, not to exceed $75,000,000 for each of fiscal years 1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986, 1987, 1988, 1989, and 1990. If for any fiscal year the amount appropriated under authority of this subsection is less than the amount necessary to carry out this sub-section, the amount each State receives under this subsection for such year shall bear the same ratio to the amount such State would have re-ceived under this subsection in such year if the amount necessary to carry it out had been ap-propriated as the amount appropriated for such year bears to the amount necessary to carry out this subsection for such year.

(f) Omitted

(g) Reservation of funds; State management as-sistance

(1) The Administrator is authorized to reserve each fiscal year not to exceed 2 per centum of the amount authorized under section 1287 of this title for purposes of the allotment made to each State under this section on or after October 1, 1977, except in the case of any fiscal year begin-ning on or after October 1, 1981, and ending be-fore October 1, 1994, in which case the percent-age authorized to be reserved shall not exceed 4 per centum.2 or $400,000 whichever amount is the greater. Sums so reserved shall be available for making grants to such State under paragraph (2) of this subsection for the same period as sums are available from such allotment under sub-section (d) of this section, and any such grant shall be available for obligation only during such period. Any grant made from sums reserved under this subsection which has not been obli-gated by the end of the period for which avail-able shall be added to the amount last allotted to such State under this section and shall be im-mediately available for obligation in the same manner and to the same extent as such last al-lotment. Sums authorized to be reserved by this paragraph shall be in addition to and not in lieu of any other funds which may be authorized to carry out this subsection.

(2) The Administrator is authorized to grant to any State from amounts reserved to such State under this subsection, the reasonable costs of administering any aspects of sections 1281, 1283, 1284, and 1292 of this title the respon-sibility for administration of which the Admin-


istrator has delegated to such State. The Ad-ministrator may increase such grant to take into account the reasonable costs of administer-ing an approved program under section 1342 or 1344 of this title, administering a state-wide waste treatment management planning program under section 1288(b)(4) of this title, and manag-ing waste treatment construction grants for small communities.

(h) Alternate systems for small communities

The Administrator shall set aside from funds authorized for each fiscal year beginning on or after October 1, 1978, a total (as determined by the Governor of the State) of not less than 4 per-cent nor more than 71⁄2 percent of the sums al-lotted to any State with a rural population of 25 per centum or more of the total population of such State, as determined by the Bureau of the Census. The Administrator may set aside no more than 71⁄2 percent of the sums allotted to any other State for which the Governor requests such action. Such sums shall be available only for alternatives to conventional sewage treat-ment works for municipalities having a popu-lation of three thousand five hundred or less, or for the highly dispersed sections of larger mu-nicipalities, as defined by the Administrator.

(i) Set-aside for innovative and alternative projects

Not less than 1⁄2 of 1 percent of funds allotted to a State for each of the fiscal years ending September 30, 1979, through September 30, 1990, under subsection (c) of this section shall be ex-pended only for increasing the Federal share of grants for construction of treatment works uti-lizing innovative processes and techniques pur-suant to section 1282(a)(2) of this title. Including the expenditures authorized by the preceding sentence, a total of 2 percent of the funds allot-ted to a State for each of the fiscal years ending September 30, 1979, and September 30, 1980, and 3 percent of the funds allotted to a State for the fiscal year ending September 30, 1981, under sub-section (c) of this section shall be expended only for increasing grants for construction of treat-ment works pursuant to section 1282(a)(2) of this title. Including the expenditures authorized by the first sentence of this subsection, a total (as determined by the Governor of the State) of not less than 4 percent nor more than 71⁄2 percent of the funds allotted to such State under sub-section (c) of this section for each of the fiscal years ending September 30, 1982, through Sep-tember 30, 1990, shall be expended only for in-creasing the Federal share of grants for con-struction of treatment works pursuant to sec-tion 1282(a)(2) of this title.

(j) Water quality management plan; reservation of funds for nonpoint source management

(1) The Administrator shall reserve each fiscal year not to exceed 1 per centum of the sums al-lotted and available for obligation to each State under this section for each fiscal year beginning on or after October 1, 1981, or $100,000, whichever amount is the greater.

(2) Such sums shall be used by the Adminis-trator to make grants to the States to carry out water quality management planning, including, but not limited to—

(A) identifying most cost effective and lo-cally acceptable facility and non-point meas-ures to meet and maintain water quality standards;

(B) developing an implementation plan to obtain State and local financial and regu-latory commitments to implement measures developed under subparagraph (A);

(C) determining the nature, extent, and causes of water quality problems in various areas of the State and interstate region, and reporting on these annually; and

(D) determining those publicly owned treat-ment works which should be constructed with assistance under this subchapter, in which areas and in what sequence, taking into ac-count the relative degree of effluent reduction attained, the relative contributions to water quality of other point or nonpoint sources, and the consideration of alternatives to such con-struction, and implementing section 1313(e) of this title.

(3) In carrying out planning with grants made under paragraph (2) of this subsection, a State shall develop jointly with local, regional, and interstate entities, a plan for carrying out the program and give funding priority to such enti-ties and designated or undesignated public com-prehensive planning organizations to carry out the purposes of this subsection. In giving such priority, the State shall allocate at least 40 per-cent of the amount granted to such State for a fiscal year under paragraph (2) of this subsection to regional public comprehensive planning orga-nizations in such State and appropriate inter-state organizations for the development and im-plementation of the plan described in this para-graph. In any fiscal year for which the Governor, in consultation with such organizations and with the approval of the Administrator, deter-mines that allocation of at least 40 percent of such amount to such organizations will not re-sult in significant participation by such organi-zations in water quality management planning and not significantly assist in development and implementation of the plan described in this paragraph and achieving the goals of this chap-ter, the allocation to such organization may be less than 40 percent of such amount.

(4) All activities undertaken under this sub-section shall be in coordination with other re-lated provisions of this chapter.

(5) NONPOINT SOURCE RESERVATION.—In addi-tion to the sums reserved under paragraph (1), the Administrator shall reserve each fiscal year for each State 1 percent of the sums allotted and available for obligation to such State under this section for each fiscal year beginning on or after October 1, 1986, or $100,000, whichever is greater, for the purpose of carrying out section 1329 of this title. Sums so reserved in a State in any fis-cal year for which such State does not request the use of such sums, to the extent such sums exceed $100,000, may be used by such State for other purposes under this subchapter.

(k) New York City Convention Center

The Administrator shall allot to the State of New York from sums authorized to be appro-priated for the fiscal year ending September 30, 1982, an amount necessary to pay the entire cost


of conveying sewage from the Convention Center of the city of New York to the Newtown sewage treatment plant, Brooklyn-Queens area, New York. The amount allotted under this sub-section shall be in addition to and not in lieu of any other amounts authorized to be allotted to such State under this chapter.

(l) Marine estuary reservation

(1) Reservation of funds

(A) General rule

Prior to making allotments among the States under subsection (c) of this section, the Administrator shall reserve funds from sums appropriated pursuant to section 1287 of this title for each fiscal year beginning after September 30, 1986.

(B) Fiscal years 1987 and 1988

For each of fiscal years 1987 and 1988 the reservation shall be 1 percent of the sums appropriated pursuant to section 1287 of this title for such fiscal year.

(C) Fiscal years 1989 and 1990

For each of fiscal years 1989 and 1990 the reservation shall be 11⁄2 percent of the funds appropriated pursuant to section 1287 of this title for such fiscal year.

(2) Use of funds

Of the sums reserved under this subsection, two-thirds shall be available to address water quality problems of marine bays and estuaries subject to lower levels of water quality due to the impacts of discharges from combined storm water and sanitary sewer overflows from adjacent urban complexes, and one-third shall be available for the implementation of section 1330 of this title, relating to the na-tional estuary program.

(3) Period of availability

Sums reserved under this subsection shall be subject to the period of availability for obliga-tion established by subsection (d) of this sec-tion.

(4) Treatment of certain body of water

For purposes of this section and section 1281(n) of this title, Newark Bay, New Jersey, and the portion of the Passaic River up to Lit-tle Falls, in the vicinity of Beatties Dam, shall be treated as a marine bay and estuary.

(m) Discretionary deposits into State water pol-lution control revolving funds

(1) From construction grant allotments

In addition to any amounts deposited in a water pollution control revolving fund estab-lished by a State under subchapter VI, upon request of the Governor of such State, the Ad-ministrator shall make available to the State for deposit, as capitalization grants, in such fund in any fiscal year beginning after Sep-tember 30, 1986, such portion of the amounts allotted to such State under this section for such fiscal year as the Governor considers ap-propriate; except that (A) in fiscal year 1987, such deposit may not exceed 50 percent of the amounts allotted to such State under this sec-tion for such fiscal year, and (B) in fiscal year

1988, such deposit may not exceed 75 percent of the amounts allotted to such State under this section for this fiscal year.

(2) Notice requirement

The Governor of a State may make a request under paragraph (1) for a deposit into the water pollution control revolving fund of such State—

(A) in fiscal year 1987 only if no later than 90 days after February 4, 1987, and

(B) in each fiscal year thereafter only if 90 days before the first day of such fiscal year,

the State provides notice of its intent to make such deposit.

(3) Exception

Sums reserved under section 1285(j) of this title shall not be available for obligation under this subsection.

(June 30, 1948, ch. 758, title II, § 205, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 837; amended Pub. L. 93–243, § 1, Jan. 2, 1974, 87 Stat. 1069; Pub. L. 95–217, §§ 25, 26(a), 27, 28, Dec. 27, 1977, 91 Stat. 1574, 1575; Pub. L. 96–483, § 11, Oct. 21, 1980, 94 Stat. 2363; Pub. L. 97–117, §§ 8(c), 13–16, Dec. 29, 1981, 95 Stat. 1625, 1627–1629; Pub. L. 100–4, title II, §§ 206(a)–(c), 207–210, 212(b), title III, § 316(d), Feb. 4, 1987, 101 Stat. 19–21, 27, 60; Pub. L. 105–362, title V, § 501(d)(2)(C), Nov. 10, 1998, 112 Stat. 3284; Pub. L. 107–303, title III, § 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)

CODIFICATION

Subsec. (f) provided that sums made available for ob-ligation between Jan. 1, 1975, and Mar. 1, 1975, be avail-able for obligation until Sept. 30, 1978.

AMENDMENTS

2002—Subsec. (a). Pub. L. 107–303 repealed Pub. L. 105–362, § 501(d)(2)(C). See 1998 Amendment note below.

1998—Subsec. (a). Pub. L. 105–362, § 501(d)(2)(C), which directed the substitution of ‘‘section 1375 of this title’’ for ‘‘section 1375(b) of this title’’ in last sentence, was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below.

1987—Subsec. (c)(2). Pub. L. 100–4, § 206(a)(1), sub-stituted ‘‘September 30, 1985, and September 30, 1986’’ for ‘‘and September 30, 1985’’.

Subsec. (c)(3). Pub. L. 100–4, § 206(a)(2), added par. (3). Subsec. (e). Pub. L. 100–4, § 206(b), substituted ‘‘1985,

1986, 1987, 1988, 1989, and 1990’’ for ‘‘and 1985’’ in two places.

Subsec. (g)(1). Pub. L. 100–4, § 206(c), substituted ‘‘Oc-tober 1, 1994’’ for ‘‘October 1, 1985’’.

Subsec. (h). Pub. L. 100–4, § 207, substituted ‘‘a total (as determined by the Governor of the State) of not less than 4 percent nor more than 71⁄2 percent’’ for ‘‘four per centum’’ and ‘‘71⁄2 per cent’’ for ‘‘four per centum’’.

Subsec. (i). Pub. L. 100–4, § 208, amended subsec. (i) generally. Prior to amendment, subsec. (i) read as fol-lows: ‘‘Not less than one-half of one per centum of funds allotted to a State for each of the fiscal years ending September 30, 1979, September 30, 1980, Septem-ber 30, 1981, September 30, 1982, September 30, 1983, Sep-tember 30, 1984, and September 30, 1985, under sub-section (a) of this section shall be expended only for in-creasing the Federal share of grants for construction of treatment works utilizing innovative processes and techniques pursuant to section 1282(a)(2) of this title. Including the expenditures authorized by the preceding sentence, a total of two per centum of the funds allot-ted to a State for each of the fiscal years ending Sep-tember 30, 1979, and September 30, 1980, and 3 per cen-tum of the funds allotted to a State for the fiscal year


ending September 30, 1981, under subsection (a) of this section shall be expended only for increasing grants for construction of treatment works from 75 per centum to 85 per centum pursuant to section 1282(a)(2) of this title. Including the expenditures authorized by the first sentence of this subsection, a total (as determined by the Governor of the State) of not less than 4 per cen-tum nor more than 71⁄2 per centum of the funds allotted to such State for any fiscal year beginning after Sep-tember 30, 1981, under subsection (c) of this section shall be expended only for increasing the Federal share of grants for construction of treatment works pursuant to section 1282(a)(2) of this title.’’

Subsec. (j)(3). Pub. L. 100–4, § 209, inserted provision directing State to allocate at least 40 percent of amount granted under par. (2) to regional public com-prehensive planning organizations and appropriate interstate organizations for development and imple-mentation of plan, with exception for less than 40 per-cent allocation in certain circumstances.

Subsec. (j)(5). Pub. L. 100–4, § 316(d), added par. (5). Subsec. (l). Pub. L. 100–4, § 210, added subsec. (l). Subsec. (m). Pub. L. 100–4, § 212(b), added subsec. (m). 1981—Subsec. (c). Pub. L. 97–117, § 13(a), designated ex-

isting provision as par. (1) and added par. (2). Subsec. (e). Pub. L. 97–117, § 13(b), substituted ‘‘1981,

1982, 1983, 1984, and 1985’’ for ‘‘and 1981’’ in two places. Subsec. (g)(1). Pub. L. 97–117, § 14, inserted ‘‘except in

the case of any fiscal year beginning on or after Octo-ber 1, 1981, and ending before October 1, 1985, in which case the percentage authorized to be reserved shall not exceed 4 per centum.’’ after ‘‘October 1, 1977,’’ and pro-vision that sums authorized to be reserved be in addi-tion to and not in lieu of any other funds which may be authorized to carry out this subsection.

Subsec. (i). Pub. L. 97–117, § 8(c), substituted ‘‘Septem-ber 30, 1981, September 30, 1982, September 30, 1983, Sep-tember 30, 1984, and September 30, 1985’’ for ‘‘and Sep-tember 30, 1981’’, struck out ‘‘from 75 per centum to 85 per centum’’ after ‘‘innovative processes and tech-niques’’, and inserted provision that including the ex-penditures authorized by the first sentence of this sub-section, a total, as determined by the State Governor, 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 year beginning after Sept. 30, 1981, under subsec. (c) of this section be expended only for increasing the Fed-eral share of grants for construction of treatment works pursuant to section 1282(a)(2) of this title.

Subsecs. (j), (k). Pub. L. 97–117, §§ 15, 16, added sub-secs. (j) and (k).

1980—Subsec. (g)(1). Pub. L. 96–483 inserted ‘‘of the amount authorized under section 1287 of this title for purposes’’ after ‘‘2 per centum’’.

1977—Subsec. (a). Pub. L. 95–217, § 25(a), substituted ‘‘each fiscal year beginning after June 30, 1972, and be-fore September 30, 1977’’ for ‘‘each fiscal year beginning after June 30, 1972’’.

Subsecs. (c) to (f). Pub. L. 95–217, § 25(b), added sub-secs. (c) to (f).

Subsecs. (g) to (i). Pub. L. 95–217, §§ 26(a), 27, 28, added subsecs. (g) to (i).

1974—Subsec. (a). Pub. L. 93–243 inserted provisions that for the fiscal year ending June 30, 1975, the ratio shall be determined one-half on the basis of table I of House Public Works Committee Print Numbered 93–28 and one-half on the basis of table II of such print, ex-cept that no State shall receive an allotment less than that which it received for the fiscal year ending June 30, 1972, as set forth in table III of such print and sub-stituted ‘‘June 30, 1975’’ for ‘‘June 30, 1974’’ in sentence beginning ‘‘Allotments for fiscal years’’.

CHANGE OF NAME



Amendment by Pub. L. 107–303 effective Nov. 10, 1998, and Federal Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and administered on and after Nov. 27, 2002, as if amendments made by section 501(a)–(d) of 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 of this title.

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Is-lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

AVAILABILITY OF ALLOTTED SUMS IN SUBSEQUENT YEARS; REALLOTMENT OF UNOBLIGATED SUMS

Pub. L. 96–483, § 7, Oct. 21, 1980, 94 Stat. 2362, provided that: ‘‘Notwithstanding section 205(d) of the Federal Water Pollution Control Act (33 U.S.C. 1285), sums al-lotted to the States for the fiscal year 1979 shall remain available for obligation for the fiscal year for which au-thorized and for the period of the next succeeding twen-ty-four months. The amount of any allotment not obli-gated by the end of such thirty-six month period shall be immediately reallotted by the Administrator on the basis of the same ratio as applicable to sums allotted for the then current fiscal year, except that none of the funds reallotted by the Administrator for fiscal year 1979 shall be allotted to any State which failed to obli-gate any of the funds being reallotted. Any sum made available to a State by reallotment under this section shall be in addition to any funds otherwise allotted to such State for grants under title II of the Federal Water Pollution Control Act [this subchapter] during any fiscal year. This section shall take effect on Sep-tember 30, 1980.’’

§ 1286. Reimbursement and advanced construc-tion

(a) Publicly owned treatment works construction initiated after June 30, 1966, but before July 1, 1973; reimbursement formula

Any publicly owned treatment works in a State on which construction was initiated after June 30, 1966, but before July 1, 1973, which was approved by the appropriate State water pollu-tion control agency and which the Adminis-trator finds meets the requirements of section 1158 of this title in effect at the time of the ini-tiation of construction shall be reimbursed a total amount equal to the difference between the amount of Federal financial assistance, if any, received under such section 1158 of this title for such project and 50 per centum of the cost of such project, or 55 per centum of the project cost where the Administrator also deter-mines that such treatment works was con-structed in conformity with a comprehensive metropolitan treatment plan as described in sec-tion 1158(f) of this title as in effect immediately prior to October 18, 1972. Nothing in this sub-section shall result in any such works receiving Federal grants from all sources in excess of 80 per centum of the cost of such project.

(b) Publicly owned treatment works construction initiated between June 30, 1956, and June 30, 1966; reimbursement formula

Any publicly owned treatment works con-structed with or eligible for Federal financial assistance under this Act in a State between June 30, 1956, and June 30, 1966, which was ap-proved by the State water pollution control


agency and which the Administrator finds meets the requirements of section 1158 of this title prior to October 18, 1972 but which was con-structed without assistance under such section 1158 of this title or which received such assist-ance in an amount less than 30 per centum of the cost of such project shall qualify for pay-ments and reimbursement of State or local funds used for such project from sums allocated to such State under this section in an amount which shall not exceed the difference between the amount of such assistance, if any, received for such project and 30 per centum of the cost of such project.

(c) Application for reimbursement

No publicly owned treatment works shall re-ceive any payment or reimbursement under sub-section (a) or (b) of this section unless an appli-cation for such assistance is filed with the Ad-ministrator within the one year period which begins on October 18, 1972. Any application filed within such one year period may be revised from time to time, as may be necessary.

(d) Allocation of funds

The Administrator shall allocate to each qualified project under subsection (a) of this sec-tion each fiscal year for which funds are appro-priated under subsection (e) of this section an amount which bears the same ratio to the un-paid balance of the reimbursement due such project as the total of such funds for such year bears to the total unpaid balance of reimburse-ment due all such approved projects on the date of enactment of such appropriation. The Admin-istrator shall allocate to each qualified project under subsection (b) of this section each fiscal year for which funds are appropriated under sub-section (e) of this section an amount which bears the same ratio to the unpaid balance of the reimbursement due such project as the total of such funds for such year bears to the total un-paid balance of reimbursement due all such ap-proved projects on the date of enactment of such appropriation.


There is authorized to be appropriated to carry out subsection (a) of this section not to exceed $2,600,000,000 and, to carry out subsection (b) of this section, not to exceed $750,000,000. The authorizations contained in this subsection shall be the sole source of funds for reimburse-ments authorized by this section.

(f) Additional funds

(1) In any case where a substantial portion of the funds allotted to a State for the current fis-cal year under this subchapter have been obli-gated under section 1281(g) of this title, or will be so obligated in a timely manner (as deter-mined by the Administrator), and there is con-struction of any treatment works project with-out the aid of Federal funds and in accordance with all procedures and all requirements appli-cable to treatment works projects, except those procedures and requirements which limit con-struction of projects to those constructed with the aid of previously allotted Federal funds, the Administrator, upon his approval of an applica-tion made under this subsection therefor, is au-

thorized to pay the Federal share of the cost of construction of such project when additional funds are allotted to the State under this sub-chapter if prior to the construction of the project the Administrator approves plans, speci-fications, and estimates therefor in the same manner as other treatment works projects. The Administrator may not approve an application under this subsection unless an authorization is in effect for the first fiscal year in the period for which the application requests payment and such requested payment for that fiscal year does not exceed the State’s expected allotment from such authorization. The Administrator shall not be required to make such requested payment for any fiscal year—

(A) to the extent that such payment would exceed such State’s allotment of the amount appropriated for such fiscal year; and

(B) unless such payment is for a project which, on the basis of an approved funding pri-ority list of such State, is eligible to receive such payment based on the allotment and ap-propriation for such fiscal year.

To the extent that sufficient funds are not ap-propriated to pay the full Federal share with re-spect to a project for which obligations under the provisions of this subsection have been made, the Administrator shall reduce the Fed-eral share to such amount less than 75 per cen-tum as such appropriations do provide.

(2) In determining the allotment for any fiscal year under this subchapter, any treatment works project constructed in accordance with this section and without the aid of Federal funds shall not be considered completed until an appli-cation under the provisions of this subsection with respect to such project has been approved by the Administrator, or the availability of funds from which this project is eligible for re-imbursement has expired, whichever first oc-curs.

(June 30, 1948, ch. 758, title II, § 206, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 838; amended Pub. L. 93–207, § 1(2), Dec. 28, 1973, 87 Stat. 906; Pub. L. 95–217, § 29(a), Dec. 27, 1977, 91 Stat. 1576; Pub. L. 96–483, § 5, Oct. 21, 1980, 94 Stat. 2361.)

REFERENCES IN TEXT

Section 1158 of this title, referred to in subsecs. (a) and (b), refers to section 8 of act June 30, 1948, ch. 758, 62 Stat. 1158, prior to the supersedure and reenactment of act June 30, 1948, by act Oct. 18, 1972, Pub. L. 92–500, 86 Stat. 816. Provisions of section 1158 of this title are covered by this subchapter.

This Act, referred to in subsec. (b), means act June 30, 1948, ch. 758, 62 Stat. 1155, prior to the supersedure and reenactment of act June 30, 1948 by act Oct. 18, 1972, Pub. L. 92–500, 86 Stat. 816. Act June 30, 1948, ch. 758, as added by act Oct. 18, 1972, Pub. L. 92–500, 86 Stat. 816, enacted this chapter.

AMENDMENTS

1980—Subsec. (f)(1). Pub. L. 96–483 substituted ‘‘In any case where a substantial portion of the funds allotted to a State for the current fiscal year under this sub-chapter have been obligated under section 1281(g) of this title, or will be so obligated in a timely manner (as determined by the Administrator)’’ for ‘‘In any case where all funds allotted to a State under this sub-chapter have been obligated under section 1283 of this


title’’, substituted ‘‘first fiscal year’’ for ‘‘future fiscal year’’, inserted ‘‘in the period’’ before ‘‘for which the application’’, substituted ‘‘and such requested payment for that fiscal year does not exceed the State’s expected allotment from such authorization. The Administrator shall not be required to make such requested payment for any fiscal year—’’ for ‘‘which authorization will in-sure such payment without exceeding the State’s ex-pected allotment from such authorization.’’, and added subpars. (A), (B), and provisions following subpar. (B).

1977—Subsec. (a). Pub. L. 95–217 substituted ‘‘July 1, 1973’’ for ‘‘July 1, 1972’’.

1973—Subsec. (e). Pub. L. 93–207 substituted ‘‘$2,600,000,000’’ for ‘‘$2,000,000,000’’.

APPLICATION FOR ASSISTANCE FOR PUBLICLY OWNED TREATMENT WORKS WHERE GRANTS WERE MADE BE-FORE JULY 2, 1972, AND ON WHICH CONSTRUCTION WAS INITIATED BEFORE JULY 1, 1973

Pub. L. 95–217, § 29(b), Dec. 27, 1977, 91 Stat. 1576, pro-vided that applications for assistance for publicly owned treatment works for which a grant was made under this chapter before July 1, 1972, and on which construction was initiated before July 1, 1973, be filed not later than the ninetieth day after Dec. 27, 1977.

APPLICATION FOR ASSISTANCE

Pub. L. 93–207, § 2, Dec. 28, 1973, 87 Stat. 906, provided that notwithstanding the requirements of subsec. (c) of this section, applications for assistance under this sec-tion could have been filed with the Administrator until Jan. 31, 1974.

ALLOCATION OF CONSTRUCTION GRANTS APPROPRIATED FOR THE YEAR ENDING JUNE 30, 1973; INTERIM PAY-MENTS; LIMITATIONS

Pub. L. 93–207, § 3, Dec. 28, 1973, 87 Stat. 906, provided that: ‘‘Funds available for reimbursement under Public Law 92–399 [making appropriations for Agriculture-En-vironmental and Consumer Protection Programs for the fiscal year ending June 30, 1973] shall be allocated in accordance with subsection (d) of section 206 of the Federal Water Pollution Control Act (86 Stat. 838) [sub-sec. (d) of this section], pro rata among all projects eli-gible under subsection (a) of such section 206 [subsec. (a) of this section] for which applications have been submitted and approved by the Administrator pursuant to such Act [this chapter]. Notwithstanding the provi-sions of subsection (d) of such section 206, (1) the Ad-ministrator is authorized to make interim payments to each such project for which an application has been ap-proved on the basis of estimates of maximum pro rata entitlement of all applicants under section 206(a) and (2) for the purpose of determining allocation of sums available under Public Law 92–399, the unpaid balance of reimbursement due such projects shall be computed as of January 31, 1974. Upon completion by the Admin-istrator of his audit and approval of all projects for which an application has been filed under subsection (a) of such section 206, the Administrator shall, within the limits of appropriated funds, allocate to each such qualified project the amount remaining, if any, of its total entitlement. Amounts allocated to projects which are later determined to be in excess of entitlement shall be available for reallocation, until expended, to other qualified projects under subsection (a) of such section 206. In no event, however, shall any payments exceed the Federal share of the cost of construction in-curred to the date of the voucher covering such pay-ment plus the Federal share of the value of the mate-rials which have been stockpiled in the vicinity of such construction in conformity to plans and specifications for the project.’’

§ 1287. Authorization of appropriations

There is authorized to be appropriated to carry out this subchapter, other than sections 1286(e), 1288 and 1289 of this title, for the fiscal

year ending June 30, 1973, not to exceed $5,000,000,000, for the fiscal year ending June 30, 1974, not to exceed $6,000,000,000, and for the fis-cal year ending June 30, 1975, not to exceed $7,000,000,000, and subject to such amounts as are provided in appropriation Acts, for the fiscal year ending September 30, 1977, $1,000,000,000 for the fiscal year ending September 30, 1978, $4,500,000,000 and for the fiscal years ending Sep-tember 30, 1979, September 30, 1980, not to exceed $5,000,000,000; for the fiscal year ending Septem-ber 30, 1981, not to exceed $2,548,837,000; and for the fiscal years ending September 30, 1982, Sep-tember 30, 1983, September 30, 1984, and Septem-ber 30, 1985, not to exceed $2,400,000,000 per fiscal year; and for each of the fiscal years ending Sep-tember 30, 1986, September 30, 1987, and Septem-ber 30, 1988, not to exceed $2,400,000,000; and for each of the fiscal years ending September 30, 1989, and September 30, 1990, not to exceed $1,200,000,000.

(June 30, 1948, ch. 758, title II, § 207, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 839; amended Pub. L. 93–207, § 1(3), Dec. 28, 1973, 87 Stat. 906; Pub. L. 95–217, § 30, Dec. 27, 1977, 91 Stat. 1576; Pub. L. 97–35, title XVIII, § 1801(a), Aug. 13, 1981, 95 Stat. 764; Pub. L. 97–117, § 17, Dec. 29, 1981, 95 Stat. 1630; Pub. L. 100–4, title II, § 211, Feb. 4, 1987, 101 Stat. 21.)

AMENDMENTS

1987—Pub. L. 100–4 inserted ‘‘; and for each of the fis-cal years ending September 30, 1986, September 30, 1987, and September 30, 1988, not to exceed $2,400,000,000; and for each of the fiscal years ending September 30, 1989, and September 30, 1990, not to exceed $1,200,000,000’’ be-fore period at end.

1981—Pub. L. 97–117 substituted ‘‘and for the fiscal years ending September 30, 1982, September 30, 1983, September 30, 1984, and September 30, 1985, not to ex-ceed $2,400,000,000 per fiscal year’’ for ‘‘and for the fiscal year ending September 30, 1982, not to exceed $0, unless there is enacted legislation establishing an allotment formula for fiscal year 1982 construction grant funds and otherwise reforming the municipal sewage treat-ment construction grant program under this sub-chapter, in which case the authorization for fiscal year 1982 shall be an amount not to exceed $2,400,000,000’’.

Pub. L. 97–35 substituted provisions authorizing not to exceed $2,548,837,000 for fiscal year ending Sept. 30, 1981, and not to exceed $0 for the fiscal year ending Sept. 30, 1982, unless an allotment formula is enacted, in which case the authorization is not to exceed $2,400,000,000, for provisions authorizing not to exceed $5,000,000,000 for fiscal years ending Sept. 30, 1981 and 1982.

1977—Pub. L. 95–217 inserted ‘‘and subject to such amounts as are provided in appropriation Acts, for the fiscal year ending September 30, 1977, $1,000,000,000 for the fiscal year ending September 30, 1978, $4,500,000,000 and for the fiscal years ending September 30, 1979, Sep-tember 30, 1980, September 30, 1981, and September 30, 1982, not to exceed $5,000,000,000 per fiscal year’’.

1973—Pub. L. 93–207 inserted reference to section 1286(e) of this title.

ADDITIONAL AUTHORIZATION OF APPROPRIATIONS

Pub. L. 94–369, title III, § 301, July 22, 1976, 90 Stat. 1011, provided for authorization to carry out this sub-chapter, other than sections 1286, 1288, and 1289, for the fiscal year ending Sept. 30, 1977, not to exceed $700,000,000, which sum (subject to amounts provided in appropriation Acts) was to be allotted to each State listed in column 1 of table IV contained in House Public Works and Transportation Committee Print numbered


94–25 in accordance with the percentages provided for such State (if any) in column 5 of such table, and such sum to be in addition to, and not in lieu of, any funds otherwise authorized and to be available until ex-pended.

§ 1288. Areawide waste treatment management

(a) Identification and designation of areas hav-ing substantial water quality control prob-lems

For the purpose of encouraging and facilitat-ing the development and implementation of areawide waste treatment management plans—

(1) The Administrator, within ninety days after October 18, 1972, and after consultation with appropriate Federal, State, and local au-thorities, shall by regulation publish guide-lines for the identification of those areas which, as a result of urban-industrial con-centrations or other factors, have substantial water quality control problems.

(2) The Governor of each State, within sixty days after publication of the guidelines issued pursuant to paragraph (1) of this subsection, shall identify each area within the State which, as a result of urban-industrial con-centrations or other factors, has substantial water quality control problems. Not later than one hundred and twenty days following such identification and after consultation with ap-propriate elected and other officials of local governments having jurisdiction in such areas, the Governor shall designate (A) the bound-aries of each such area, and (B) a single rep-resentative organization, including elected of-ficials from local governments or their des-ignees, capable of developing effective area-wide waste treatment management plans for such area. The Governor may in the same manner at any later time identify any addi-tional area (or modify an existing area) for which he determines areawide waste treat-ment management to be appropriate, des-ignate the boundaries of such area, and des-ignate an organization capable of developing effective areawide waste treatment manage-ment plans for such area.

(3) With respect to any area which, pursuant to the guidelines published under paragraph (1) of this subsection, is located in two or more States, the Governors of the respective States shall consult and cooperate in carrying out the provisions of paragraph (2), with a view to-ward designating the boundaries of the inter-state area having common water quality con-trol problems and for which areawide waste treatment management plans would be most effective, and toward designating, within one hundred and eighty days after publication of guidelines issued pursuant to paragraph (1) of this subsection, of a single representative or-ganization capable of developing effective areawide waste treatment management plans for such area.

(4) If a Governor does not act, either by des-ignating or determining not to make a des-ignation under paragraph (2) of this sub-section, within the time required by such paragraph, or if, in the case of an interstate area, the Governors of the States involved do not designate a planning organization within

the time required by paragraph (3) of this sub-section, the chief elected officials of local gov-ernments within an area may by agreement designate (A) the boundaries for such an area, and (B) a single representative organization including elected officials from such local gov-ernments, or their designees, capable of devel-oping an areawide waste treatment manage-ment plan for such area.

(5) Existing regional agencies may be des-ignated under paragraphs (2), (3), and (4) of this subsection.

(6) The State shall act as a planning agency for all portions of such State which are not designated under paragraphs (2), (3), or (4) of this subsection.

(7) Designations under this subsection shall be subject to the approval of the Adminis-trator.

(b) Planning process

(1)(A) Not later than one year after the date of designation of any organization under sub-section (a) of this section such organization shall have in operation a continuing areawide waste treatment management planning process consistent with section 1281 of this title. Plans prepared in accordance with this process shall contain alternatives for waste treatment man-agement, and be applicable to all wastes gen-erated within the area involved. The initial plan prepared in accordance with such process shall be certified by the Governor and submitted to the Administrator not later than two years after the planning process is in operation.

(B) For any agency designated after 1975 under subsection (a) of this section and for all portions of a State for which the State is required to act as the planning agency in accordance with sub-section (a)(6), the initial plan prepared in ac-cordance with such process shall be certified by the Governor and submitted to the Adminis-trator not later than three years after the re-ceipt of the initial grant award authorized under subsection (f) of this section.

(2) Any plan prepared under such process shall include, but not be limited to—

(A) the identification of treatment works necessary to meet the anticipated municipal and industrial waste treatment needs of the area over a twenty-year period, annually up-dated (including an analysis of alternative waste treatment systems), including any re-quirements for the acquisition of land for treatment purposes; the necessary waste water collection and urban storm water runoff sys-tems; and a program to provide the necessary financial arrangements for the development of such treatment works, and an identification of open space and recreation opportunities that can be expected to result from improved water quality, including consideration of potential use of lands associated with treatment works and increased access to water-based recre-ation;

(B) the establishment of construction prior-ities for such treatment works and time sched-ules for the initiation and completion of all treatment works;

(C) the establishment of a regulatory pro-gram to—


(i) implement the waste treatment man-agement requirements of section 1281(c) of this title,

(ii) regulate the location, modification, and construction of any facilities within such area which may result in any discharge in such area, and

(iii) assure that any industrial or commer-cial wastes discharged into any treatment works in such area meet applicable pre-treatment requirements;

(D) the identification of those agencies nec-essary to construct, operate, and maintain all facilities required by the plan and otherwise to carry out the plan;

(E) the identification of the measures nec-essary to carry out the plan (including financ-ing), the period of time necessary to carry out the plan, the costs of carrying out the plan within such time, and the economic, social, and environmental impact of carrying out the plan within such time;

(F) a process to (i) identify, if appropriate, agriculturally and silviculturally related nonpoint sources of pollution, including re-turn flows from irrigated agriculture, and their cumulative effects, runoff from manure disposal areas, and from land used for live-stock and crop production, and (ii) set forth procedures and methods (including land use requirements) to control to the extent feasible such sources;

(G) a process to (i) identify, if appropriate, mine-related sources of pollution including new, current, and abandoned surface and un-derground mine runoff, and (ii) set forth proce-dures and methods (including land use require-ments) to control to the extent feasible such sources;

(H) a process to (i) identify construction ac-tivity related sources of pollution, and (ii) set forth procedures and methods (including land use requirements) to control to the extent fea-sible such sources;

(I) a process to (i) identify, if appropriate, salt water intrusion into rivers, lakes, and es-tuaries resulting from reduction of fresh water flow from any cause, including irrigation, ob-struction, ground water extraction, and diver-sion, and (ii) set forth procedures and methods to control such intrusion to the extent fea-sible where such procedures and methods are otherwise a part of the waste treatment man-agement plan;

(J) a process to control the disposition of all residual waste generated in such area which could affect water quality; and

(K) a process to control the disposal of pol-lutants on land or in subsurface excavations within such area to protect ground and surface water quality.

(3) Areawide waste treatment management plans shall be certified annually by the Gov-ernor or his designee (or Governors or their des-ignees, where more than one State is involved) as being consistent with applicable basin plans and such areawide waste treatment manage-ment plans shall be submitted to the Adminis-trator for his approval.

(4)(A) Whenever the Governor of any State de-termines (and notifies the Administrator) that

consistency with a statewide regulatory pro-gram under section 1313 of this title so requires, the requirements of clauses (F) through (K) of paragraph (2) of this subsection shall be devel-oped and submitted by the Governor to the Ad-ministrator for approval for application to a class or category of activity throughout such State.

(B) Any program submitted under subpara-graph (A) of this paragraph which, in whole or in part, is to control the discharge or other place-ment of dredged or fill material into the navi-gable waters shall include the following:

(i) A consultation process which includes the State agency with primary jurisdiction over fish and wildlife resources.

(ii) A process to identify and manage the dis-charge or other placement of dredged or fill material which adversely affects navigable wa-ters, which shall complement and be coordi-nated with a State program under section 1344 of this title conducted pursuant to this chap-ter.

(iii) A process to assure that any activity conducted pursuant to a best management practice will comply with the guidelines estab-lished under section 1344(b)(1) of this title, and sections 1317 and 1343 of this title.

(iv) A process to assure that any activity conducted pursuant to a best management practice can be terminated or modified for cause including, but not limited to, the follow-ing:

(I) violation of any condition of the best management practice;

(II) change in any activity that requires either a temporary or permanent reduction or elimination of the discharge pursuant to the best management practice.

(v) A process to assure continued coordina-tion with Federal and Federal-State water-re-lated planning and reviewing processes, in-cluding the National Wetlands Inventory.

(C) If the Governor of a State obtains approval from the Administrator of a statewide regu-latory program which meets the requirements of subparagraph (B) of this paragraph and if such State is administering a permit program under section 1344 of this title, no person shall be re-quired to obtain an individual permit pursuant to such section, or to comply with a general per-mit issued pursuant to such section, with re-spect to any appropriate activity within such State for which a best management practice has been approved by the Administrator under the program approved by the Administrator pursu-ant to this paragraph.

(D)(i) Whenever the Administrator determines after public hearing that a State is not admin-istering a program approved under this section in accordance with the requirements of this sec-tion, the Administrator shall so notify the State, and if appropriate corrective action is not taken within a reasonable time, not to exceed ninety days, the Administrator shall withdraw approval of such program. The Administrator shall not withdraw approval of any such pro-gram unless he shall first have notified the State, and made public, in writing, the reasons for such withdrawal.


1 So in original. Probably should be ‘‘designated’’.

(ii) In the case of a State with a program sub-mitted and approved under this paragraph, the Administrator shall withdraw approval of such program under this subparagraph only for a sub-stantial failure of the State to administer its program in accordance with the requirements of this paragraph.

(c) Regional operating agencies

(1) The Governor of each State, in consulta-tion with the planning agency designated under subsection (a) of this section, at the time a plan is submitted to the Administrator, shall des-ignate one or more waste treatment manage-ment agencies (which may be an existing or newly created local, regional, or State agency or political subdivision) for each area designated under subsection (a) of this section and submit such designations to the Administrator.

(2) The Administrator shall accept any such designation, unless, within 120 days of such des-ignation, he finds that the designated manage-ment agency (or agencies) does not have ade-quate authority—

(A) to carry out appropriate portions of an areawide waste treatment management plan developed under subsection (b) of this section;

(B) to manage effectively waste treatment works and related facilities serving such area in conformance with any plan required by sub-section (b) of this section;

(C) directly or by contract, to design and construct new works, and to operate and maintain new and existing works as required by any plan developed pursuant to subsection (b) of this section;

(D) to accept and utilize grants, or other funds from any source, for waste treatment management purposes;

(E) to raise revenues, including the assess-ment of waste treatment charges;

(F) to incur short- and long-term indebted-ness;

(G) to assure in implementation of an area-wide waste treatment management plan that each participating community pays its propor-tionate share of treatment costs;

(H) to refuse to receive any wastes from any municipality or subdivision thereof, which does not comply with any provisions of an ap-proved plan under this section applicable to such area; and

(I) to accept for treatment industrial wastes.

(d) Conformity of works with area plan

After a waste treatment management agency having the authority required by subsection (c) has been designated under such subsection for an area and a plan for such area has been ap-proved under subsection (b) of this section, the Administrator shall not make any grant for con-struction of a publicly owned treatment works under section 1281(g)(1) of this title within such area except to such designated agency and for works in conformity with such plan.

(e) Permits not to conflict with approved plans

No permit under section 1342 of this title shall be issued for any point source which is in con-flict with a plan approved pursuant to sub-section (b) of this section.

(f) Grants

(1) The Administrator shall make grants to any agency designated under subsection (a) of

this section for payment of the reasonable costs of developing and operating a continuing area-wide waste treatment management planning process under subsection (b) of this section.

(2) For the two-year period beginning on the date the first grant is made under paragraph (1) of this subsection to an agency, if such first grant is made before October 1, 1977, the amount of each such grant to such agency shall be 100 per centum of the costs of developing and oper-ating a continuing areawide waste treatment management planning process under subsection (b) of this section, and thereafter the amount granted to such agency shall not exceed 75 per centum of such costs in each succeeding one- year period. In the case of any other grant made to an agency under such paragraph (1) of this subsection, the amount of such grant shall not exceed 75 per centum of the costs of developing and operating a continuing areawide waste treatment management planning process in any year.

(3) Each applicant for a grant under this sub-section shall submit to the Administrator for his approval each proposal for which a grant is applied for under this subsection. The Adminis-trator shall act upon such proposal as soon as practicable after it has been submitted, and his approval of that proposal shall be deemed a con-tractual obligation of the United States for the payment of its contribution to such proposal, subject to such amounts as are provided in ap-propriation Acts. There is authorized to be ap-propriated to carry out this subsection not to exceed $50,000,000 for the fiscal year ending June 30, 1973, not to exceed $100,000,000 for the fiscal year ending June 30, 1974, not to exceed $150,000,000 per fiscal year for the fiscal years ending June 30, 1975, September 30, 1977, Septem-ber 30, 1978, September 30, 1979, and September 30, 1980, not to exceed $100,000,000 per fiscal year for the fiscal years ending September 30, 1981, and September 30, 1982, and such sums as may be necessary for fiscal years 1983 through 1990.

(g) Technical assistance by Administrator

The Administrator is authorized, upon request of the Governor or the designated planning agency, and without reimbursement, to consult with, and provide technical assistance to, any agency designated under subsection (a) of this section in the development of areawide waste treatment management plans under subsection (b) of this section.

(h) Technical assistance by Secretary of the Army

(1) The Secretary of the Army, acting through the Chief of Engineers, in cooperation with the Administrator is authorized and directed, upon request of the Governor or the designated plan-ning organization, to consult with, and provide technical assistance to, any agency designed 1 under subsection (a) of this section in develop-ing and operating a continuing areawide waste treatment management planning process under subsection (b) of this section.

(2) There is authorized to be appropriated to the Secretary of the Army, to carry out this subsection, not to exceed $50,000,000 per fiscal


year for the fiscal years ending June 30, 1973, and June 30, 1974.

(i) State best management practices program

(1) The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall, upon request of the Governor of a State, and without reimburse-ment, provide technical assistance to such State in developing a statewide program for submis-sion to the Administrator under subsection (b)(4)(B) of this section and in implementing such program after its approval.

(2) There is authorized to be appropriated to the Secretary of the Interior $6,000,000 to com-plete the National Wetlands Inventory of the United States, by December 31, 1981, and to pro-vide information from such Inventory to States as it becomes available to assist such States in the development and operation of programs under this chapter.

(j) Agricultural cost sharing

(1) The Secretary of Agriculture, with the con-currence of the Administrator, and acting through the Soil Conservation Service and such other agencies of the Department of Agriculture as the Secretary may designate, is authorized and directed to establish and administer a pro-gram to enter into contracts, subject to such amounts as are provided in advance by appro-priation acts, of not less than five years nor more than ten years with owners and operators having control of rural land for the purpose of installing and maintaining measures incorporat-ing best management practices to control nonpoint source pollution for improved water quality in those States or areas for which the Administrator has approved a plan under sub-section (b) of this section where the practices to which the contracts apply are certified by the management agency designated under sub-section (c)(1) of this section to be consistent with such plans and will result in improved water quality. Such contracts may be entered into during the period ending not later than September 31, 1988. Under such contracts the land owner or operator shall agree—

(i) to effectuate a plan approved by a soil conservation district, where one exists, under this section for his farm, ranch, or other land substantially in accordance with the schedule outlined therein unless any requirement thereof is waived or modified by the Sec-retary;

(ii) to forfeit all rights to further payments or grants under the contract and refund to the United States all payments and grants re-ceived thereunder, with interest, upon his vio-lation of the contract at any stage during the time he has control of the land if the Sec-retary, after considering the recommendations of the soil conservation district, where one ex-ists, and the Administrator, determines that such violation is of such a nature as to war-rant termination of the contract, or to make refunds or accept such payment adjustments as the Secretary may deem appropriate if he determines that the violation by the owner or operator does not warrant termination of the contract;

(iii) upon transfer of his right and interest in the farm, ranch, or other land during the con-

tract period to forfeit all rights to further payments or grants under the contract and re-fund to the United States all payments or grants received thereunder, with interest, un-less the transferee of any such land agrees with the Secretary to assume all obligations of the contract;

(iv) not to adopt any practice specified by the Secretary on the advice of the Adminis-trator in the contract as a practice which would tend to defeat the purposes of the con-tract;

(v) to such additional provisions as the Sec-retary determines are desirable and includes in the contract to effectuate the purposes of the program or to facilitate the practical ad-ministration of the program.

(2) In return for such agreement by the land-owner or operator the Secretary shall agree to provide technical assistance and share the cost of carrying out those conservation practices and measures set forth in the contract for which he determines that cost sharing is appropriate and in the public interest and which are approved for cost sharing by the agency designated to imple-ment the plan developed under subsection (b) of this section. The portion of such cost (including labor) to be shared shall be that part which the Secretary determines is necessary and appro-priate to effectuate the installation of the water quality management practices and measures under the contract, but not to exceed 50 per cen-tum of the total cost of the measures set forth in the contract; except the Secretary may in-crease the matching cost share where he deter-mines that (1) the main benefits to be derived from the measures are related to improving off-site water quality, and (2) the matching share requirement would place a burden on the land-owner which would probably prevent him from participating in the program.

(3) The Secretary may terminate any contract with a landowner or operator by mutual agree-ment with the owner or operator if the Sec-retary determines that such termination would be in the public interest, and may agree to such modification of contracts previously entered into as he may determine to be desirable to carry out the purposes of the program or facili-tate the practical administration thereof or to accomplish equitable treatment with respect to other conservation, land use, or water quality programs.

(4) In providing assistance under this sub-section the Secretary will give priority to those areas and sources that have the most significant effect upon water quality. Additional investiga-tions or plans may be made, where necessary, to supplement approved water quality management plans, in order to determine priorities.

(5) The Secretary shall, where practicable, enter into agreements with soil conservation districts, State soil and water conservation agencies, or State water quality agencies to ad-minister all or part of the program established in this subsection under regulations developed by the Secretary. Such agreements shall provide for the submission of such reports as the Sec-retary deems necessary, and for payment by the United States of such portion of the costs in-curred in the administration of the program as the Secretary may deem appropriate.


(6) The contracts under this subsection shall be entered into only in areas where the manage-ment agency designated under subsection (c)(1) of this section assures an adequate level of par-ticipation by owners and operators having con-trol of rural land in such areas. Within such areas the local soil conservation district, where one exists, together with the Secretary of Agri-culture, will determine the priority of assist-ance among individual land owners and opera-tors to assure that the most critical water qual-ity problems are addressed.

(7) The Secretary, in consultation with the Ad-ministrator and subject to section 1314(k) of this title, shall, not later than September 30, 1978, promulgate regulations for carrying out this subsection and for support and cooperation with other Federal and non-Federal agencies for im-plementation of this subsection.

(8) This program shall not be used to authorize or finance projects that would otherwise be eli-gible for assistance under the terms of Public Law 83–566 [16 U.S.C. 1001 et seq.].

(9) There are hereby authorized to be appro-priated to the Secretary of Agriculture $200,000,000 for fiscal year 1979, $400,000,000 for fiscal year 1980, $100,000,000 for fiscal year 1981, $100,000,000 for fiscal year 1982, and such sums as may be necessary for fiscal years 1983 through 1990, to carry out this subsection. The program authorized under this subsection shall be in ad-dition to, and not in substitution of, other pro-grams in such area authorized by this or any other public law.

(June 30, 1948, ch. 758, title II, § 208, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 839; amended Pub. L. 95–217, §§ 4(e), 31, 32, 33(a), 34, 35, Dec. 27, 1977, 91 Stat. 1566, 1576–1579; Pub. L. 96–483, § 1(d), (e), Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100–4, title I, § 101(d), (e), Feb. 4, 1987, 101 Stat. 9.)

REFERENCES IN TEXT

Public Law 83–566, referred to in subsec. (j)(8), is act Aug. 4, 1954, ch. 656, 68 Stat. 666, known as the Water-shed Protection and Flood Prevention Act, which is classified principally to chapter 18 (§ 1001 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 16 and Tables.

AMENDMENTS

1987—Subsec. (f)(3). Pub. L. 100–4, § 101(d), struck out ‘‘and’’ after ‘‘1974,’’ and ‘‘1980,’’ and inserted ‘‘, and such sums as may be necessary for fiscal years 1983 through 1990’’ after ‘‘1982’’.

Subsec. (j)(9). Pub. L. 100–4, § 101(e), struck out ‘‘and’’ after ‘‘1981,’’ and inserted ‘‘and such sums as may be necessary for fiscal years 1983 through 1990,’’ after ‘‘1982,’’.

1980—Subsec. (f)(3). Pub. L. 96–483, § 1(d), inserted au-thorization of not to exceed $100,000,000 per fiscal year for fiscal years ending Sept. 30, 1981 and 1982.

Subsec. (j)(9). Pub. L. 96–483, § 1(e), inserted reference to authorization of $100,000,000 for each of fiscal years 1981 and 1982.

1977—Subsec. (b)(1). Pub. L. 95–217, § 31(a), designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (b)(2)(A). Pub. L. 95–217, § 32, inserted ‘‘, and an identification of open space and recreation opportu-nities that can be expected to result from improved water quality, including consideration of potential use of lands associated with treatment works and increased access to water-based recreation’’ after ‘‘development of such treatment works’’.

Subsec. (b)(2)(F). Pub. L. 95–217, § 33(a), substituted ‘‘sources of pollution, including return flows from irri-gated agriculture, and their cumulative effects,’’ for ‘‘sources of pollution, including’’.

Subsec. (b)(4). Pub. L. 95–217, § 34(a), designated exist-ing provisions as subpar. (A), substituted ‘‘to the Ad-ministrator for approval for application to a class or category of activity throughout such State’’ for ‘‘to the Administrator for application to all regions within such State’’, and added subpars. (B) to (D).

Subsec. (f)(2). Pub. L. 95–217, § 31(b), substituted ‘‘For the two-year period beginning on the date the first grant is made under paragraph (1) of this subsection to an agency, if such first grant is made before October 1, 1977, the amount of each such grant to such agency shall be 100 per centum of the costs of developing and operating a continuing areawide waste treatment man-agement planning process under subsection (b) of this section, and thereafter the amount granted to such agency shall not exceed 75 per centum of such costs in each succeeding one-year period’’ for ‘‘The amount granted to any agency under paragraph (1) of this sub-section shall be 100 per centum of the costs of develop-ing and operating a continuing areawide waste treat-ment management planning process under subsection (b) of this section for each of the fiscal years ending on June 30, 1973, June 30, 1974, and June 30, 1975, and shall not exceed 75 per centum of such costs in each succeed-ing fiscal year’’ and inserted ‘‘In the case of any other grant made to an agency under such paragraph (1) of this subsection, the amount of such grant shall not ex-ceed 75 per centum of the costs of developing and oper-ating a continuing areawide waste treatment manage-ment planning process in any year.’’

Subsec. (f)(3). Pub. L. 95–217, §§ 4(e), 31(c), substituted ‘‘and not to exceed $150,000,000 per fiscal year for the fiscal years ending June 30, 1975, September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1980’’ for ‘‘and not to exceed $150,000,000 for the fiscal year ending June 30, 1975’’ and inserted ‘‘subject to such amounts as are provided in appropriation Acts’’ after ‘‘contractual obligation of the United States for the payment of its contribution to such proposal’’.

Subsec. (i). Pub. L. 95–217, § 34(b), added subsec. (i). Subsec. (j). Pub. L. 95–217, § 35, added subsec. (j).


Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Depart-ment, relating to compliance with this chapter with re-spect to pre-construction, construction, and initial op-eration of transportation system for Canadian and Alaskan natural gas were transferred to the Federal In-spector, Office of Federal Inspector for the Alaska Nat-ural Gas Transportation System, until the first anni-versary of the date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au-thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Func-tions and authority vested in Secretary of Energy sub-sequently transferred to Federal Coordinator for Alas-ka Natural Gas Transportation Projects by section 720d(f) of Title 15.

§ 1289. Basin planning

(a) Preparation of Level B plans

The President, acting through the Water Re-sources Council, shall, as soon as practicable, prepare a Level B plan under the Water Re-sources Planning Act [42 U.S.C. 1962 et seq.] for


all basins in the United States. All such plans shall be completed not later than January 1, 1980, except that priority in the preparation of such plans shall be given to those basins and portions thereof which are within those areas designated under paragraphs (2), (3), and (4) of subsection (a) of section 1288 of this title.

(b) Reporting requirements

The President, acting through the Water Re-sources Council, shall report annually to Con-gress on progress being made in carrying out this section. The first such report shall be sub-mitted not later than January 31, 1973.

(c) Authorization of appropriations

There is authorized to be appropriated to carry out this section not to exceed $200,000,000.

(June 30, 1948, ch. 758, title II, § 209, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 843.)

REFERENCES IN TEXT

The Water Resources Planning Act, referred to in subsec. (a), is Pub. L. 89–80, July 22, 1965, 79 Stat. 244, as amended, which is classified generally to chapter 19B (§ 1962 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1962 of Title 42 and Tables.

§ 1290. Annual survey

The Administrator shall annually make a sur-vey to determine the efficiency of the operation and maintenance of treatment works con-structed with grants made under this chapter, as compared to the efficiency planned at the time the grant was made. The results of such annual survey shall be included in the report required under section 1375(a) of this title.

(June 30, 1948, ch. 758, title II, § 210, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 843; amended Pub. L. 105–362, title V, § 501(d)(2)(D), Nov. 10, 1998, 112 Stat. 3284; Pub. L. 107–303, title III, § 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)

AMENDMENTS

2002—Pub. L. 107–303 repealed Pub. L. 105–362, § 501(d)(2)(D). See 1998 Amendment note below.

1998—Pub. L. 105–362, § 501(d)(2)(D), which directed the substitution of ‘‘shall be reported to Congress not later than 90 days after the date of convening of each session of Congress’’ for ‘‘shall be included in the report re-quired under section 1375(a) of this title’’, was repealed by Pub. L. 107–303. See Effective Date of 2002 Amend-ment note below.



§ 1291. Sewage collection systems

(a) Existing and new systems

No grant shall be made for a sewage collection system under this subchapter unless such grant (1) is for replacement or major rehabilitation of an existing collection system and is necessary to the total integrity and performance of the

waste treatment works servicing such commu-nity, or (2) is for a new collection system in an existing community with sufficient existing or planned capacity adequately to treat such col-lected sewage and is consistent with section 1281 of this title.

(b) Use of population density as test

If the Administrator uses population density as a test for determining the eligibility of a col-lector sewer for assistance it shall be only for the purpose of evaluating alternatives and de-termining the needs for such system in relation to ground or surface water quality impact.

(c) Pollutant discharges from separate storm sewer systems

No grant shall be made under this subchapter from funds authorized for any fiscal year during the period beginning October 1, 1977, and ending September 30, 1990, for treatment works for con-trol of pollutant discharges from separate storm sewer systems.

(June 30, 1948, ch. 758, title II, § 211, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 843; amended Pub. L. 95–217, § 36, Dec. 27, 1977, 91 Stat. 1581; Pub. L. 97–117, § 2(b), Dec. 29, 1981, 95 Stat. 1623; Pub. L. 100–4, title II, § 206(d), Feb. 4, 1987, 101 Stat. 20.)

AMENDMENTS

1987—Subsec. (c). Pub. L. 100–4 substituted ‘‘1990’’ for ‘‘1985’’.

1981—Subsec. (c). Pub. L. 97–117 substituted ‘‘Septem-ber 30, 1985’’ for ‘‘September 30, 1982’’.

1977—Pub. L. 95–217 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

§ 1292. Definitions

As used in this subchapter— (1) The term ‘‘construction’’ means any one or

more of the following: preliminary planning to determine the feasibility of treatment works, engineering, architectural, legal, fiscal, or eco-nomic investigations or studies, surveys, de-signs, plans, working drawings, specifications, procedures, field testing of innovative or alter-native waste water treatment processes and techniques meeting guidelines promulgated under section 1314(d)(3) of this title, or other necessary actions, erection, building, acquisi-tion, alteration, remodeling, improvement, or extension of treatment works, or the inspection or supervision of any of the foregoing items.

(2)(A) The term ‘‘treatment works’’ means any devices and systems used in the storage, treat-ment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature to implement section 1281 of this title, or necessary to recycle or reuse water at the most economi-cal cost over the estimated life of the works, in-cluding intercepting sewers, outfall sewers, sew-age collection systems, pumping, power, and other equipment, and their appurtenances; ex-tensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as stand-by treatment units and clear well facilities; and acquisition of the land that will be an integral part of the treatment process (including land used for the storage of treated wastewater in land treatment systems prior to land applica-


tion) or will be used for ultimate disposal of res-idues resulting from such treatment and acqui-sition of other land, and interests in land, that are necessary for construction.

(B) In addition to the definition contained in subparagraph (A) of this paragraph, ‘‘treatment works’’ means any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste, in-cluding storm water runoff, or industrial waste, including waste in combined storm water and sanitary sewer systems. Any application for construction grants which includes wholly or in part such methods or systems shall, in accord-ance with guidelines published by the Adminis-trator pursuant to subparagraph (C) of this para-graph, contain adequate data and analysis dem-onstrating such proposal to be, over the life of such works, the most cost efficient alternative to comply with sections 1311 or 1312 of this title, or the requirements of section 1281 of this title.

(C) For the purposes of subparagraph (B) of this paragraph, the Administrator shall, within one hundred and eighty days after October 18, 1972, publish and thereafter revise no less often than annually, guidelines for the evaluation of methods, including cost-effective analysis, de-scribed in subparagraph (B) of this paragraph.

(3) The term ‘‘replacement’’ as used in this subchapter means those expenditures for obtain-ing and installing equipment, accessories, or ap-purtenances during the useful life of the treat-ment works necessary to maintain the capacity and performance for which such works are de-signed and constructed.

(June 30, 1948, ch. 758, title II, § 212, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 844; amended Pub. L. 95–217, § 37, Dec. 27, 1977, 91 Stat. 1581; Pub. L. 97–117, § 8(d), Dec. 29, 1981, 95 Stat. 1626; Pub. L. 113–121, title V, § 5012(a), June 10, 2014, 128 Stat. 1328.)

AMENDMENTS

2014—Par. (2)(A). Pub. L. 113–121 struck out ‘‘any works, including site’’ before ‘‘acquisition of the land’’, substituted ‘‘will be used for ultimate’’ for ‘‘is used for ultimate’’, and inserted ‘‘and acquisition of other land, and interests in land, that are necessary for construc-tion’’ before period at end.

1981—Par. (1). Pub. L. 97–117 inserted ‘‘field testing of innovative or alternative waste water treatment proc-esses and techniques meeting guidelines promulgated under section 1314(d)(3) of this title,’’ after ‘‘proce-dures,’’.

1977—Par. (2)(A). Pub. L. 95–217 inserted ‘‘(including land used for the storage of treated wastewater in land treatment systems prior to land application)’’ after ‘‘integral part of the treatment process’’.


Pub. L. 113–121, title V, § 5012(c), June 10, 2014, 128 Stat. 1328, provided that: ‘‘The amendments made by this section [amending this section and section 1362 of this title] shall take effect on October 1, 2014.’’

§ 1293. Loan guarantees

(a) State or local obligations issued exclusively to Federal Financing Bank for publicly owned treatment works; determination of eli-gibility of project by Administrator

Subject to the conditions of this section and to such terms and conditions as the Adminis-

trator determines to be necessary to carry out the purposes of this subchapter, the Adminis-trator is authorized to guarantee, and to make commitments to guarantee, the principal and interest (including interest accruing between the date of default and the date of the payment in full of the guarantee) of any loan, obligation, or participation therein of any State, municipal-ity, or intermunicipal or interstate agency is-sued directly and exclusively to the Federal Fi-nancing Bank to finance that part of the cost of any grant-eligible project for the construction of publicly owned treatment works not paid for with Federal financial assistance under this sub-chapter (other than this section), which project the Administrator has determined to be eligible for such financial assistance under this sub-chapter, including, but not limited to, projects eligible for reimbursement under section 1286 of this title.

(b) Conditions for issuance

No guarantee, or commitment to make a guar-antee, may be made pursuant to this section—

(1) unless the Administrator certifies that the issuing body is unable to obtain on reason-able terms sufficient credit to finance its ac-tual needs without such guarantee; and

(2) unless the Administrator determines that there is a reasonable assurance of repayment of the loan, obligation, or participation there-in.

A determination of whether financing is avail-able at reasonable rates shall be made by the Secretary of the Treasury with relationship to the current average yield on outstanding mar-ketable obligations of municipalities of com-parable maturity.

(c) Fees for application investigation and issu-ance of commitment guarantee

The Administrator is authorized to charge reasonable fees for the investigation of an appli-cation for a guarantee and for the issuance of a commitment to make a guarantee.

(d) Commitment for repayment

The Administrator, in determining whether there is a reasonable assurance of repayment, may require a commitment which would apply to such repayment. Such commitment may in-clude, but not be limited to, any funds received by such grantee from the amounts appropriated under section 1286 of this title.

(June 30, 1948, ch. 758, title II, § 213, as added Pub. L. 94–558, Oct. 19, 1976, 90 Stat. 2639; amend-ed Pub. L. 96–483, § 2(e), Oct. 21, 1980, 94 Stat. 2361.)

AMENDMENTS

1980—Subsec. (d). Pub. L. 96–483 struck out ‘‘(1) all or any portion of the funds retained by such grantee under section 1284(b)(3) of this title, and (2)’’ after ‘‘limited to’’.


Amendment by Pub. L. 96–483 effective Dec. 27, 1977, see section 2(g) of Pub. L. 96–483, set out as a note under section 1281 of this title.


§ 1293a. Contained spoil disposal facilities

(a) Construction, operation, and maintenance; period; conditions; requirements

The Secretary of the Army, acting through

the Chief of Engineers, is authorized to con-

struct, operate, and maintain, subject to the

provisions of subsection (c), contained spoil dis-

posal facilities of sufficient capacity for a period

not to exceed ten years, to meet the require-

ments of this section. Before establishing each

such facility, the Secretary of the Army shall

obtain the concurrence of appropriate local gov-

ernments and shall consider the views and rec-

ommendations of the Administrator of the Envi-

ronmental Protection Agency and shall comply

with requirements of section 1171 of this title,

and of the National Environmental Policy Act

of 1969 [42 U.S.C. 4321 et seq.]. Section 401 of this

title shall not apply to any facility authorized

by this section.

(b) Time for establishment; consideration of area needs; requirements

The Secretary of the Army, acting through

the Chief of Engineers, shall establish the con-

tained spoil disposal facilities authorized in sub-

section (a) at the earliest practicable date, tak-

ing into consideration the views and recom-

mendations of the Administrator of the Envi-

ronmental Protection Agency as to those areas

which, in the Administrator’s judgment, are

most urgently in need of such facilities and pur-

suant to the requirements of the National Envi-

ronmental Policy Act of 1969 [42 U.S.C. 4321 et

seq.] and the Federal Water Pollution Control

Act [33 U.S.C. 1251 et seq.].

(c) Written agreement requirement; terms of agreement

Prior to construction of any such facility, the

appropriate State or States, interstate agency,

municipality, or other appropriate political sub-

division of the State shall agree in writing to (1)

furnish all lands, easements, and rights-of-way

necessary for the construction, operation, and

maintenance of the facility; (2) contribute to the

United States 25 per centum of the construction

costs, such amount to be payable either in cash

prior to construction, in installments during

construction, or in installments, with interest

at a rate to be determined by the Secretary of

the Treasury, as of the beginning of the fiscal

year in which construction is initiated, on the

basis of the computed average interest rate pay-

able by the Treasury upon its outstanding mar-

ketable public obligations, which are neither

due or callable for redemption for fifteen years

from date of issue; (3) hold and save the United

States free from damages due to construction,

operation, and maintenance of the facility; and

(4) except as provided in subsection (f), maintain

the facility after completion of its use for dis-

posal purposes in a manner satisfactory to the

Secretary of the Army.

(d) Waiver of construction costs contribution from non-Federal interests; findings of par-ticipation in waste treatment facilities for general geographical area and compliance with water quality standards; waiver of pay-ments in event of written agreement before occurrence of findings

The requirement for appropriate non-Federal interest or interests to furnish an agreement to contribute 25 per centum of the construction costs as set forth in subsection (c) shall be waived by the Secretary of the Army upon a finding by the Administrator of the Environ-mental Protection Agency that for the area to which such construction applies, the State or States involved, interstate agency, municipal-ity, and other appropriate political subdivision of the State and industrial concerns are partici-pating in and in compliance with an approved plan for the general geographical area of the dredging activity for construction, modification, expansion, or rehabilitation of waste treatment facilities and the Administrator has found that applicable water quality standards are not being violated. In the event such findings occur after the appropriate non-Federal interest or inter-ests have entered into the agreement required by subsection (c), any payments due after the date of such findings as part of the required local contribution of 25 per centum of the con-struction costs shall be waived by the Secretary of the Army.

(e) Federal payment of costs for disposal of dredged spoil from project

Notwithstanding any other provision of law, all costs of disposal of dredged spoil from the project for the Great Lakes connecting chan-nels, Michigan, shall be borne by the United States.

(f) Title to lands, easements, and rights-of-way; retention by non-Federal interests; convey-ance of facilities; agreement of transferee

The participating non-Federal interest or in-terests shall retain title to all lands, easements, and rights-of-way furnished by it pursuant to subsection (c). A spoil disposal facility owned by a non-Federal interest or interests may be con-veyed to another party only after completion of the facility’s use for disposal purposes and after the transferee agrees in writing to use or main-tain the facility in a manner which the Sec-retary of the Army determines to be satisfac-tory.

(g) Federal licenses or permits; charges; remis-sion of charge

Any spoil disposal facilities constructed under the provisions of this section shall be made available to Federal licensees or permittees upon payment of an appropriate charge for such use. Twenty-five per centum of such charge shall be remitted to the participating non-Fed-eral interest or interests except for those ex-cused from contributing to the construction costs under subsections (d) and (e).

(h) Provisions applicable to Great Lakes and their connecting channels

This section, other than subsection (i), shall be applicable only to the Great Lakes and their connecting channels.


(i) Research, study, and experimentation pro-gram relating to dredged spoil extended to navigable waters, etc.; cooperative program; scope of program; utilization of facilities and personnel of Federal agency

The Chief of Engineers, under the direction of the Secretary of the Army, is hereby authorized to extend to all navigable waters, connecting channels, tributary streams, other waters of the United States and waters contiguous to the United States, a comprehensive program of re-search, study, and experimentation relating to dredged spoil. This program shall be carried out in cooperation with other Federal and State agencies, and shall include, but not be limited to, investigations on the characteristics of dredged spoil, and alternative methods of its dis-posal. To the extent that such study shall in-clude the effects of such dredge spoil on water quality, the facilities and personnel of the Envi-ronmental Protection Agency shall be utilized.

(j) Period for depositing dredged materials

The Secretary of the Army, acting through the Chief of Engineers, is authorized to continue to deposit dredged materials into a contained spoil disposal facility constructed under this section until the Secretary determines that such facility is no longer needed for such pur-pose or that such facility is completely full.

(k) Study and monitoring program

(1) Study

The Secretary of the Army, acting through the Chief of Engineers, shall conduct a study of the materials disposed of in contained spoil disposal facilities constructed under this sec-tion for the purpose of determining whether or not toxic pollutants are present in such facili-ties and for the purpose of determining the concentration levels of each of such pollutants in such facilities.

(2) Report

Not later than 1 year after November 17, 1988, the Secretary shall transmit to Congress a report on the results of the study conducted under paragraph (1).

(3) Inspection and monitoring program

The Secretary shall conduct a program to inspect and monitor contained spoil disposal facilities constructed under this section for the purpose of determining whether or not toxic pollutants are leaking from such facili-ties.

(4) Toxic pollutant defined

For purposes of this subsection, the term ‘‘toxic pollutant’’ means those toxic pollut-ants referred to in section 1311(b)(2)(C) and 1311(b)(2)(D) of this title and such other pollut-ants as the Secretary, in consultation with the Administrator of the Environmental Protec-tion Agency, determines are appropriate based on their effects on human health and the envi-ronment.

(Pub. L. 91–611, title I, § 123, Dec. 31, 1970, 84 Stat. 1823; Pub. L. 93–251, title I, § 23, Mar. 7, 1974, 88 Stat. 20; Pub. L. 100–676, § 24, Nov. 17, 1988, 102 Stat. 4027.)

REFERENCES IN TEXT

Section 1171 of this title, referred to in subsec. (a), was omitted as superseded.

The National Environmental Policy Act of 1969, re-ferred to in subsecs. (a) and (b), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified gen-erally to chapter 55 (§ 4321 et seq.) of Title 42, The Pub-lic Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

The Federal Water Pollution Control Act, referred to in subsec. (b), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to this chapter (§ 1251 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables.

CODIFICATION

Section was formerly classified to section 1165a of this title.

Section was not enacted as a part of the Federal Water Pollution Control Act which comprises this chapter.

AMENDMENTS

1988—Subsec. (j). Pub. L. 100–676, § 24(a), added subsec. (j).

Subsec. (k). Pub. L. 100–676, § 24(b), added subsec. (k). 1974—Subsec. (d). Pub. L. 93–251 inserted provision for

waiver of payments in event of a written agreement be-fore occurrence of findings.

GREAT LAKES CONFINED DISPOSAL FACILITIES

Pub. L. 104–303, title V, § 513, Oct. 12, 1996, 110 Stat. 3762, provided that:

‘‘(a) ASSESSMENT.—Pursuant to the responsibilities of the Secretary under section 123 of the River and Harbor Act of 1970 (33 U.S.C. 1293a), the Secretary shall con-duct an assessment of the general conditions of con-fined disposal facilities in the Great Lakes.

‘‘(b) REPORT.—Not later than 3 years after the date of the enactment of this Act [Oct. 12, 1996], the Secretary shall transmit to Congress a report on the results of the assessment conducted under subsection (a), includ-ing the following:

‘‘(1) A description of the cumulative effects of con-fined disposal facilities in the Great Lakes.

‘‘(2) Recommendations for specific remediation ac-tions for each confined disposal facility in the Great Lakes.

‘‘(3) An evaluation of, and recommendations for, confined disposal facility management practices and technologies to conserve capacity at such facilities and to minimize adverse environmental effects at such facilities throughout the Great Lakes system.’’

§ 1294. Public information and education on recy-cling and reuse of wastewater, use of land treatment, and reduction of wastewater vol-ume

The Administrator shall develop and operate within one year of December 27, 1977, a continu-ing program of public information and education on recycling and reuse of wastewater (including sludge), the use of land treatment, and methods for the reduction of wastewater volume.

(June 30, 1948, ch. 758, title II, § 214, as added Pub. L. 95–217, § 38, Dec. 27, 1977, 91 Stat. 1581.)

§ 1295. Requirements for American materials

Notwithstanding any other provision of law, no grant for which application is made after February 1, 1978, shall be made under this sub-chapter for any treatment works unless only


such unmanufactured articles, materials, and supplies as have been mined or produced in the United States, and only such manufactured arti-cles, materials, and supplies as have been manu-factured in the United States, substantially all from articles, materials, or supplies mined, pro-duced, or manufactured, as the case may be, in the United States will be used in such treatment works. This section shall not apply in any case where the Administrator determines, based upon those factors the Administrator deems relevant, including the available resources of the agency, it to be inconsistent with the public interest (in-cluding multilateral government procurement agreements) or the cost to be unreasonable, or if articles, materials, or supplies of the class or kind to be used or the articles, materials, or supplies from which they are manufactured are not mined, produced, or manufactured, as the case may be, in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.


§ 1296. Determination of priority of projects

Notwithstanding any other provision of this chapter, the determination of the priority to be given each category of projects for construction of publicly owned treatment works within each State shall be made solely by that State, except that if the Administrator, after a public hear-ing, determines that a specific project will not result in compliance with the enforceable re-quirements of this chapter, such project shall be removed from the State’s priority list and such State shall submit a revised priority list. These categories shall include, but not be limited to (A) secondary treatment, (B) more stringent treatment, (C) infiltration-in-flow correction, (D) major sewer system rehabilitation, (E) new collector sewers and appurtenances, (F) new interceptors and appurtenances, and (G) correc-tion of combined sewer overflows. Not less than 25 per centum of funds allocated to a State in any fiscal year under this subchapter for con-struction of publicly owned treatment works in such State shall be obligated for those types of projects referred to in clauses (D), (E), (F), and (G) of this section, if such projects are on such State’s priority list for that year and are other-wise eligible for funding in that fiscal year. It is the policy of Congress that projects for waste-water treatment and management undertaken with Federal financial assistance under this chapter by any State, municipality, or inter-municipal or interstate agency shall be projects which, in the estimation of the State, are de-signed to achieve optimum water quality man-agement, consistent with the public health and water quality goals and requirements of this chapter.

(June 30, 1948, ch. 758, title II, § 216, as added Pub. L. 95–217, § 40, Dec. 27, 1977, 91 Stat. 1582; amended Pub. L. 97–117, § 18, Dec. 29, 1981, 95 Stat. 1630.)

AMENDMENTS

1981—Pub. L. 97–117 inserted provision that it is the policy of Congress that projects for wastewater treat-

ment and management undertaken with Federal finan-cial assistance under this chapter by any State, mu-nicipality, or intermunicipal or interstate agency be projects which, in the estimation of the State, are de-signed to achieve optimum water quality management, consistent with the public health and water quality goals and requirements of this chapter.

§ 1297. Guidelines for cost-effectiveness analysis

Any guidelines for cost-effectiveness analysis published by the Administrator under this sub-chapter shall provide for the identification and selection of cost effective alternatives to com-ply with the objectives and goals of this chapter and sections 1281(b), 1281(d), 1281(g)(2)(A), and 1311(b)(2)(B) of this title.


§ 1298. Cost effectiveness

(a) Congressional statement of policy

It is the policy of Congress that a project for waste treatment and management undertaken with Federal financial assistance under this chapter by any State, municipality, or inter-municipal or interstate agency shall be consid-ered as an overall waste treatment system for waste treatment and management, and shall be that system which constitutes the most eco-nomical and cost-effective combination of de-vices and systems used in the storage, treat-ment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature to implement section 1281 of this title, or necessary to recycle or reuse water at the most economi-cal cost over the estimated life of the works, in-cluding intercepting sewers, outfall sewers, sew-age collection systems, pumping power, and other equipment, and their appurtenances; ex-tension, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as stand-by treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process (including land use for the storage of treated wastewater in land treatment systems prior to land application) or which is used for ul-timate disposal of residues resulting from such treatment; water efficiency measures and de-vices; and any other method or system for pre-venting, abating, reducing, storing, treating, separating, or disposing of municipal waste, in-cluding storm water runoff, or industrial waste, including waste in combined storm water and sanitary sewer systems; to meet the require-ments of this chapter.

(b) Determination by Administrator as pre-requisite to approval of grant

In accordance with the policy set forth in sub-section (a) of this section, before the Adminis-trator approves any grant to any State, munici-pality, or intermunicipal or interstate agency for the erection, building, acquisition, alter-ation, remodeling, improvement, or extension of any treatment works the Administrator shall determine that the facilities plan of which such treatment works are a part constitutes the most economical and cost-effective combination of treatment works over the life of the project to


meet the requirements of this chapter, includ-ing, but not limited to, consideration of con-struction costs, operation, maintenance, and re-placement costs.

(c) Value engineering review

In furtherance of the policy set forth in sub-section (a) of this section, the Administrator shall require value engineering review in con-nection with any treatment works, prior to ap-proval of any grant for the erection, building, acquisition, alteration, remodeling, improve-ment, or extension of such treatment works, in any case in which the cost of such erection, building, acquisition, alteration, remodeling, improvement, or extension is projected to be in excess of $10,000,000. For purposes of this sub-section, the term ‘‘value engineering review’’ means a specialized cost control technique which uses a systematic and creative approach to identify and to focus on unnecessarily high cost in a project in order to arrive at a cost sav-ing without sacrificing the reliability or effi-ciency of the project.

(d) Projects affected

This section applies to projects for waste treatment and management for which no treat-ment works including a facilities plan for such project have received Federal financial assist-ance for the preparation of construction plans and specifications under this chapter before De-cember 29, 1981.


§ 1299. State certification of projects

Whenever the Governor of a State which has been delegated sufficient authority to admin-ister the construction grant program under this subchapter in that State certifies to the Admin-istrator that a grant application meets applica-ble requirements of Federal and State law for assistance under this subchapter, the Adminis-trator shall approve or disapprove such applica-tion within 45 days of the date of receipt of such application. If the Administrator does not ap-prove or disapprove such application within 45 days of receipt, the application shall be deemed approved. If the Administrator disapproves such application the Administrator shall state in writing the reasons for such disapproval. Any grant approved or deemed approved under this section shall be subject to amounts provided in appropriation Acts.


§ 1300. Pilot program for alternative water source projects

(a) Policy

Nothing in this section shall be construed to affect the application of section 1251(g) of this title and all of the provisions of this section shall be carried out in accordance with the pro-visions of section 1251(g) of this title.

(b) In general

The Administrator may establish a pilot pro-gram to make grants to State, interstate, and

intrastate water resource development agencies (including water management districts and water supply authorities), local government agencies, private utilities, and nonprofit entities for alternative water source projects to meet critical water supply needs.

(c) Eligible entity

The Administrator may make grants under this section to an entity only if the entity has authority under State law to develop or provide water for municipal, industrial, and agricultural uses in an area of the State that is experiencing critical water supply needs.

(d) Selection of projects

(1) Limitation

A project that has received funds under the reclamation and reuse program conducted under the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 390h et seq.) shall not be eligible for grant assistance under this section.

(2) Additional consideration

In making grants under this section, the Ad-ministrator shall consider whether the project is located within the boundaries of a State or area referred to in section 391 of title 43, and within the geographic scope of the reclama-tion and reuse program conducted under the Reclamation Projects Authorization and Ad-justment Act of 1992 (43 U.S.C. 390h et seq.).

(3) Geographical distribution

Alternative water source projects selected by the Administrator under this section shall reflect a variety of geographical and environ-mental conditions.

(e) Committee resolution procedure

(1) In general

No appropriation shall be made for any al-ternative water source project under this sec-tion, the total Federal cost of which exceeds $3,000,000, if such project has not been ap-proved by a resolution adopted by the Com-mittee on Transportation and Infrastructure of the House of Representatives or the Com-mittee on Environment and Public Works of the Senate.

(2) Requirements for securing consideration

For purposes of securing consideration of ap-proval under paragraph (1), the Administrator shall provide to a committee referred to in paragraph (1) such information as the commit-tee requests and the non-Federal sponsor shall provide to the committee information on the costs and relative needs for the alternative water source project.

(f) Uses of grants

Amounts from grants received under this sec-tion may be used for engineering, design, con-struction, and final testing of alternative water source projects designed to meet critical water supply needs. Such amounts may not be used for planning, feasibility studies or for operation, maintenance, replacement, repair, or rehabilita-tion.

(g) Cost sharing

The Federal share of the eligible costs of an alternative water source project carried out


using assistance made available under this sec-tion shall not exceed 50 percent.

(h) Reports

On or before September 30, 2004, the Adminis-trator shall transmit to Congress a report on the results of the pilot program established under this section, including progress made toward meeting the critical water supply needs of the participants in the pilot program.

(i) Definitions


(1) Alternative water source project

The term ‘‘alternative water source project’’ means a project designed to provide munici-pal, industrial, and agricultural water supplies in an environmentally sustainable manner by conserving, managing, reclaiming, or reusing water or wastewater or by treating waste-water. Such term does not include water treat-ment or distribution facilities.

(2) Critical water supply needs

The term ‘‘critical water supply needs’’ means existing or reasonably anticipated fu-ture water supply needs that cannot be met by existing water supplies, as identified in a com-prehensive statewide or regional water supply plan or assessment projected over a planning period of at least 20 years.


There is authorized to be appropriated to carry out this section a total of $75,000,000 for fiscal years 2002 through 2004. Such sums shall remain available until expended.

(June 30, 1948, ch. 758, title II, § 220, as added Pub. L. 106–457, title VI, § 602, Nov. 7, 2000, 114 Stat. 1975.)

REFERENCES IN TEXT

The Reclamation Projects Authorization and Adjust-ment Act of 1992, referred to in subsec. (d)(1), (2), is Pub. L. 102–575, Oct. 30, 1992, 106 Stat. 4600, as amended. Provisions relating to the reclamation and reuse pro-gram are classified generally to section 390h et seq. of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title of 1992 Amend-ment note set out under section 371 of Title 43 and Tables.

§ 1301. Sewer overflow control grants

(a) In general

In any fiscal year in which the Administrator has available for obligation at least $1,350,000,000 for the purposes of section 1381 of this title—

(1) the Administrator may make grants to States for the purpose of providing grants to a municipality or municipal entity for planning, design, and construction of treatment works to intercept, transport, control, or treat mu-nicipal combined sewer overflows and sanitary sewer overflows; and

(2) subject to subsection (g), the Adminis-trator may make a direct grant to a munici-pality or municipal entity for the purposes de-scribed in paragraph (1).

(b) Prioritization

In selecting from among municipalities apply-ing for grants under subsection (a), a State or

the Administrator shall give priority to an ap-plicant that—

(1) is a municipality that is a financially dis-tressed community under subsection (c);

(2) has implemented or is complying with an implementation schedule for the nine mini-mum controls specified in the CSO control pol-icy referred to in section 1342(q)(1) of this title and has begun implementing a long-term mu-nicipal combined sewer overflow control plan or a separate sanitary sewer overflow control plan;

(3) is requesting a grant for a project that is on a State’s intended use plan pursuant to sec-tion 1386(c) of this title; or

(4) is an Alaska Native Village.

(c) Financially distressed community

(1) Definition

In subsection (b), the term ‘‘financially dis-tressed community’’ means a community that meets affordability criteria established by the State in which the community is located, if such criteria are developed after public review and comment.

(2) Consideration of impact on water and sewer rates

In determining if a community is a dis-tressed community for the purposes of sub-section (b), the State shall consider, among other factors, the extent to which the rate of growth of a community’s tax base has been historically slow such that implementing a plan described in subsection (b)(2) would result in a significant increase in any water or sewer rate charged by the community’s publicly owned wastewater treatment facility.

(3) Information to assist States

The Administrator may publish information to assist States in establishing affordability criteria under paragraph (1).

(d) Cost-sharing

The Federal share of the cost of activities car-ried out using amounts from a grant made under subsection (a) shall be not less than 55 percent of the cost. The non-Federal share of the cost may include, in any amount, public and private funds and in-kind services, and may include, notwith-standing section 1383(h) of this title, financial assistance, including loans, from a State water pollution control revolving fund.

(e) Administrative reporting requirements

If a project receives grant assistance under subsection (a) and loan assistance from a State water pollution control revolving fund and the loan assistance is for 15 percent or more of the cost of the project, the project may be adminis-tered in accordance with State water pollution control revolving fund administrative reporting requirements for the purposes of streamlining such requirements.

(f) Authorization of appropriations

There is authorized to be appropriated to carry out this section $750,000,000 for each of fis-cal years 2002 and 2003. Such sums shall remain available until expended.


(g) Allocation of funds

(1) Fiscal year 2002

Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2002 for making grants to municipalities and municipal enti-ties under subsection (a)(2), in accordance with the criteria set forth in subsection (b).

(2) Fiscal year 2003

Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2003 as follows:

(A) Not to exceed $250,000,000 for making grants to municipalities and municipal enti-ties under subsection (a)(2), in accordance with the criteria set forth in subsection (b).

(B) All remaining amounts for making grants to States under subsection (a)(1), in accordance with a formula to be established by the Administrator, after providing notice and an opportunity for public comment, that allocates to each State a proportional share of such amounts based on the total needs of the State for municipal combined sewer overflow controls and sanitary sewer over-flow controls identified in the most recent survey conducted pursuant to section 1375(b)(1) of this title.

(h) Administrative expenses

Of the amounts appropriated to carry out this section for each fiscal year—

(1) the Administrator may retain an amount not to exceed 1 percent for the reasonable and necessary costs of administering this section; and

(2) the Administrator, or a State, may retain an amount not to exceed 4 percent of any grant made to a municipality or municipal en-tity under subsection (a), for the reasonable and necessary costs of administering the grant.

(i) Reports

Not later than December 31, 2003, and periodi-cally thereafter, the Administrator shall trans-mit to Congress a report containing rec-ommended funding levels for grants under this section. The recommended funding levels shall be sufficient to ensure the continued expeditious implementation of municipal combined sewer overflow and sanitary sewer overflow controls nationwide.

(June 30, 1948, ch. 758, title II, § 221, as added Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 112(c)], Dec. 21, 2000, 114 Stat. 2763, 2763A–225.)

INFORMATION ON CSOS AND SSOS

Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 112(d)], Dec. 21, 2000, 114 Stat. 2763, 2763A–227, provided that:

‘‘(1) REPORT TO CONGRESS.—Not later than 3 years after the date of enactment of this Act [Dec. 21, 2000], the Administrator of the Environmental Protection Agency shall transmit to Congress a report summariz-ing—

‘‘(A) the extent of the human health and environ-mental impacts caused by municipal combined sewer overflows and sanitary sewer overflows, including the location of discharges causing such impacts, the vol-ume of pollutants discharged, and the constituents discharged;

‘‘(B) the resources spent by municipalities to ad-dress these impacts; and

‘‘(C) an evaluation of the technologies used by mu-nicipalities to address these impacts. ‘‘(2) TECHNOLOGY CLEARINGHOUSE.—After transmitting

a report under paragraph (1), the Administrator shall maintain a clearinghouse of cost-effective and efficient technologies for addressing human health and environ-mental impacts due to municipal combined sewer over-flows and sanitary sewer overflows.’’

SUBCHAPTER III—STANDARDS AND ENFORCEMENT

§ 1311. Effluent limitations

(a) Illegality of pollutant discharges except in compliance with law

Except as in compliance with this section and sections 1312, 1316, 1317, 1328, 1342, and 1344 of this title, the discharge of any pollutant by any person shall be unlawful.

(b) Timetable for achievement of objectives

In order to carry out the objective of this chapter there shall be achieved—

(1)(A) not later than July 1, 1977, effluent limitations for point sources, other than pub-licly owned treatment works, (i) which shall require the application of the best practicable control technology currently available as de-fined by the Administrator pursuant to sec-tion 1314(b) of this title, or (ii) in the case of a discharge into a publicly owned treatment works which meets the requirements of sub-paragraph (B) of this paragraph, which shall require compliance with any applicable pre-treatment requirements and any requirements under section 1317 of this title; and

(B) for publicly owned treatment works in existence on July 1, 1977, or approved pursuant to section 1283 of this title prior to June 30, 1974 (for which construction must be com-pleted within four years of approval), effluent limitations based upon secondary treatment as defined by the Administrator pursuant to section 1314(d)(1) of this title; or,

(C) not later than July 1, 1977, any more stringent limitation, including those nec-essary to meet water quality standards, treat-ment standards, or schedules of compliance, established pursuant to any State law or regu-lations (under authority preserved by section 1370 of this title) or any other Federal law or regulation, or required to implement any ap-plicable water quality standard established pursuant to this chapter.

(2)(A) for pollutants identified in subpara-graphs (C), (D), and (F) of this paragraph, ef-fluent limitations for categories and classes of point sources, other than publicly owned treatment works, which (i) shall require appli-cation of the best available technology eco-nomically achievable for such category or class, which will result in reasonable further progress toward the national goal of eliminat-ing the discharge of all pollutants, as deter-mined in accordance with regulations issued by the Administrator pursuant to section 1314(b)(2) of this title, which such effluent lim-itations shall require the elimination of dis-charges of all pollutants if the Administrator finds, on the basis of information available to


him (including information developed pursu-ant to section 1325 of this title), that such elimination is technologically and economi-cally achievable for a category or class of point sources as determined in accordance with regulations issued by the Administrator pursuant to section 1314(b)(2) of this title, or (ii) in the case of the introduction of a pollut-ant into a publicly owned treatment works which meets the requirements of subparagraph (B) of this paragraph, shall require compliance with any applicable pretreatment require-ments and any other requirement under sec-tion 1317 of this title;

(B) Repealed. Pub. L. 97–117, § 21(b), Dec. 29, 1981, 95 Stat. 1632.

(C) with respect to all toxic pollutants re-ferred to in table 1 of Committee Print Num-bered 95–30 of the Committee on Public Works and Transportation of the House of Represent-atives compliance with effluent limitations in accordance with subparagraph (A) of this para-graph as expeditiously as practicable but in no case later than three years after the date such limitations are promulgated under section 1314(b) of this title, and in no case later than March 31, 1989;

(D) for all toxic pollutants listed under para-graph (1) of subsection (a) of section 1317 of this title which are not referred to in subpara-graph (C) of this paragraph compliance with effluent limitations in accordance with sub-paragraph (A) of this paragraph as expedi-tiously as practicable, but in no case later than three years after the date such limita-tions are promulgated under section 1314(b) of this title, and in no case later than March 31, 1989;

(E) as expeditiously as practicable but in no case later than three years after the date such limitations are promulgated under section 1314(b) of this title, and in no case later than March 31, 1989, compliance with effluent limi-tations for categories and classes of point sources, other than publicly owned treatment works, which in the case of pollutants identi-fied pursuant to section 1314(a)(4) of this title shall require application of the best conven-tional pollutant control technology as deter-mined in accordance with regulations issued by the Administrator pursuant to section 1314(b)(4) of this title; and

(F) for all pollutants (other than those sub-ject to subparagraphs (C), (D), or (E) of this paragraph) compliance with effluent limita-tions in accordance with subparagraph (A) of this paragraph as expeditiously as practicable but in no case later than 3 years after the date such limitations are established, and in no case later than March 31, 1989.

(3)(A) for effluent limitations under para-graph (1)(A)(i) of this subsection promulgated after January 1, 1982, and requiring a level of control substantially greater or based on fun-damentally different control technology than under permits for an industrial category is-sued before such date, compliance as expedi-tiously as practicable but in no case later than three years after the date such limitations are promulgated under section 1314(b) of this title, and in no case later than March 31, 1989; and

(B) for any effluent limitation in accordance with paragraph (1)(A)(i), (2)(A)(i), or (2)(E) of this subsection established only on the basis of section 1342(a)(1) of this title in a permit is-sued after February 4, 1987, compliance as ex-peditiously as practicable but in no case later than three years after the date such limita-tions are established, and in no case later than March 31, 1989.

(c) Modification of timetable

The Administrator may modify the require-ments of subsection (b)(2)(A) of this section with respect to any point source for which a permit application is filed after July 1, 1977, upon a showing by the owner or operator of such point source satisfactory to the Administrator that such modified requirements (1) will represent the maximum use of technology within the eco-nomic capability of the owner or operator; and (2) will result in reasonable further progress to-ward the elimination of the discharge of pollut-ants.

(d) Review and revision of effluent limitations

Any effluent limitation required by paragraph (2) of subsection (b) of this section shall be re-viewed at least every five years and, if appro-priate, revised pursuant to the procedure estab-lished under such paragraph.

(e) All point discharge source application of ef-fluent limitations

Effluent limitations established pursuant to this section or section 1312 of this title shall be applied to all point sources of discharge of pol-lutants in accordance with the provisions of this chapter.

(f) Illegality of discharge of radiological, chemi-cal, or biological warfare agents, high-level radioactive waste, or medical waste

Notwithstanding any other provisions of this chapter it shall be unlawful to discharge any ra-diological, chemical, or biological warfare agent, any high-level radioactive waste, or any medical waste, into the navigable waters.

(g) Modifications for certain nonconventional pollutants

(1) General authority

The Administrator, with the concurrence of the State, may modify the requirements of subsection (b)(2)(A) of this section with re-spect to the discharge from any point source of ammonia, chlorine, color, iron, and total phenols (4AAP) (when determined by the Ad-ministrator to be a pollutant covered by sub-section (b)(2)(F)) and any other pollutant which the Administrator lists under paragraph (4) of this subsection.

(2) Requirements for granting modifications

A modification under this subsection shall be granted only upon a showing by the owner or operator of a point source satisfactory to the Administrator that—

(A) such modified requirements will result at a minimum in compliance with the re-quirements of subsection (b)(1)(A) or (C) of this section, whichever is applicable;

(B) such modified requirements will not re-sult in any additional requirements on any other point or nonpoint source; and


(C) such modification will not interfere with the attainment or maintenance of that water quality which shall assure protection of public water supplies, and the protection and propagation of a balanced population of shellfish, fish, and wildlife, and allow rec-reational activities, in and on the water and such modification will not result in the dis-charge of pollutants in quantities which may reasonably be anticipated to pose an unacceptable risk to human health or the environment because of bioaccumulation, persistency in the environment, acute tox-icity, chronic toxicity (including carcino-genicity, mutagenicity or teratogenicity), or synergistic propensities.

(3) Limitation on authority to apply for sub-section (c) modification

If an owner or operator of a point source ap-plies for a modification under this subsection with respect to the discharge of any pollutant, such owner or operator shall be eligible to apply for modification under subsection (c) of this section with respect to such pollutant only during the same time period as he is eli-gible to apply for a modification under this subsection.

(4) Procedures for listing additional pollutants

(A) General authority

Upon petition of any person, the Adminis-trator may add any pollutant to the list of pollutants for which modification under this section is authorized (except for pollutants identified pursuant to section 1314(a)(4) of this title, toxic pollutants subject to section 1317(a) of this title, and the thermal compo-nent of discharges) in accordance with the provisions of this paragraph.

(B) Requirements for listing

(i) Sufficient information

The person petitioning for listing of an additional pollutant under this subsection shall submit to the Administrator suffi-cient information to make the determina-tions required by this subparagraph.

(ii) Toxic criteria determination

The Administrator shall determine whether or not the pollutant meets the criteria for listing as a toxic pollutant under section 1317(a) of this title.

(iii) Listing as toxic pollutant

If the Administrator determines that the pollutant meets the criteria for listing as a toxic pollutant under section 1317(a) of this title, the Administrator shall list the pollutant as a toxic pollutant under sec-tion 1317(a) of this title.

(iv) Nonconventional criteria determina-tion

If the Administrator determines that the pollutant does not meet the criteria for listing as a toxic pollutant under such sec-tion and determines that adequate test methods and sufficient data are available to make the determinations required by paragraph (2) of this subsection with re-

spect to the pollutant, the Administrator shall add the pollutant to the list of pol-lutants specified in paragraph (1) of this subsection for which modifications are au-thorized under this subsection.

(C) Requirements for filing of petitions

A petition for listing of a pollutant under this paragraph—

(i) must be filed not later than 270 days after the date of promulgation of an appli-cable effluent guideline under section 1314 of this title;

(ii) may be filed before promulgation of such guideline; and

(iii) may be filed with an application for a modification under paragraph (1) with respect to the discharge of such pollutant.

(D) Deadline for approval of petition

A decision to add a pollutant to the list of pollutants for which modifications under this subsection are authorized must be made within 270 days after the date of promulga-tion of an applicable effluent guideline under section 1314 of this title.

(E) Burden of proof

The burden of proof for making the deter-minations under subparagraph (B) shall be on the petitioner.

(5) Removal of pollutants

The Administrator may remove any pollut-ant from the list of pollutants for which modi-fications are authorized under this subsection if the Administrator determines that adequate test methods and sufficient data are no longer available for determining whether or not modifications may be granted with respect to such pollutant under paragraph (2) of this sub-section.

(h) Modification of secondary treatment require-ments

The Administrator, with the concurrence of the State, may issue a permit under section 1342 of this title which modifies the requirements of subsection (b)(1)(B) of this section with respect to the discharge of any pollutant from a pub-licly owned treatment works into marine wa-ters, if the applicant demonstrates to the satis-faction of the Administrator that—

(1) there is an applicable water quality standard specific to the pollutant for which the modification is requested, which has been identified under section 1314(a)(6) of this title;

(2) the discharge of pollutants in accordance with such modified requirements will not interfere, alone or in combination with pollut-ants from other sources, with the attainment or maintenance of that water quality which assures protection of public water supplies and the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife, and allows recreational activities, in and on the water;

(3) the applicant has established a system for monitoring the impact of such discharge on a representative sample of aquatic biota, to the extent practicable, and the scope of such monitoring is limited to include only those scientific investigations which are necessary to study the effects of the proposed discharge;


(4) such modified requirements will not re-sult in any additional requirements on any other point or nonpoint source;

(5) all applicable pretreatment requirements for sources introducing waste into such treat-ment works will be enforced;

(6) in the case of any treatment works serv-ing a population of 50,000 or more, with respect to any toxic pollutant introduced into such works by an industrial discharger for which pollutant there is no applicable pretreatment requirement in effect, sources introducing waste into such works are in compliance with all applicable pretreatment requirements, the applicant will enforce such requirements, and the applicant has in effect a pretreatment pro-gram which, in combination with the treat-ment of discharges from such works, removes the same amount of such pollutant as would be removed if such works were to apply sec-ondary treatment to discharges and if such works had no pretreatment program with re-spect to such pollutant;

(7) to the extent practicable, the applicant has established a schedule of activities de-signed to eliminate the entrance of toxic pol-lutants from nonindustrial sources into such treatment works;

(8) there will be no new or substantially in-creased discharges from the point source of the pollutant to which the modification ap-plies above that volume of discharge specified in the permit;

(9) the applicant at the time such modifica-tion becomes effective will be discharging ef-fluent which has received at least primary or equivalent treatment and which meets the cri-teria established under section 1314(a)(1) of this title after initial mixing in the waters surrounding or adjacent to the point at which such effluent is discharged.

For the purposes of this subsection the phrase ‘‘the discharge of any pollutant into marine wa-ters’’ refers to a discharge into deep waters of the territorial sea or the waters of the contig-uous zone, or into saline estuarine waters where there is strong tidal movement and other hydro-logical and geological characteristics which the Administrator determines necessary to allow compliance with paragraph (2) of this sub-section, and section 1251(a)(2) of this title. For the purposes of paragraph (9), ‘‘primary or equivalent treatment’’ means treatment by screening, sedimentation, and skimming ade-quate to remove at least 30 percent of the bio-logical oxygen demanding material and of the suspended solids in the treatment works influ-ent, and disinfection, where appropriate. A mu-nicipality which applies secondary treatment shall be eligible to receive a permit pursuant to this subsection which modifies the requirements of subsection (b)(1)(B) of this section with re-spect to the discharge of any pollutant from any treatment works owned by such municipality into marine waters. No permit issued under this subsection shall authorize the discharge of sew-age sludge into marine waters. In order for a permit to be issued under this subsection for the discharge of a pollutant into marine waters, such marine waters must exhibit characteristics assuring that water providing dilution does not

contain significant amounts of previously dis-charged effluent from such treatment works. No permit issued under this subsection shall au-thorize the discharge of any pollutant into sa-line estuarine waters which at the time of appli-cation do not support a balanced indigenous population of shellfish, fish and wildlife, or allow recreation in and on the waters or which exhibit ambient water quality below applicable water quality standards adopted for the protec-tion of public water supplies, shellfish, fish and wildlife or recreational activities or such other standards necessary to assure support and pro-tection of such uses. The prohibition contained in the preceding sentence shall apply without regard to the presence or absence of a causal re-lationship between such characteristics and the applicant’s current or proposed discharge. Not-withstanding any other provisions of this sub-section, no permit may be issued under this sub-section for discharge of a pollutant into the New York Bight Apex consisting of the ocean waters of the Atlantic Ocean westward of 73 degrees 30 minutes west longitude and northward of 40 de-grees 10 minutes north latitude.

(i) Municipal time extensions

(1) Where construction is required in order for a planned or existing publicly owned treatment works to achieve limitations under subsection (b)(1)(B) or (b)(1)(C) of this section, but (A) con-struction cannot be completed within the time required in such subsection, or (B) the United States has failed to make financial assistance under this chapter available in time to achieve such limitations by the time specified in such subsection, the owner or operator of such treat-ment works may request the Administrator (or if appropriate the State) to issue a permit pur-suant to section 1342 of this title or to modify a permit issued pursuant to that section to extend such time for compliance. Any such request shall be filed with the Administrator (or if ap-propriate the State) within 180 days after Feb-ruary 4, 1987. The Administrator (or if appro-priate the State) may grant such request and issue or modify such a permit, which shall con-tain a schedule of compliance for the publicly owned treatment works based on the earliest date by which such financial assistance will be available from the United States and construc-tion can be completed, but in no event later than July 1, 1988, and shall contain such other terms and conditions, including those necessary to carry out subsections (b) through (g) of sec-tion 1281 of this title, section 1317 of this title, and such interim effluent limitations applicable to that treatment works as the Administrator determines are necessary to carry out the provi-sions of this chapter.

(2)(A) Where a point source (other than a pub-licly owned treatment works) will not achieve the requirements of subsections (b)(1)(A) and (b)(1)(C) of this section and—

(i) if a permit issued prior to July 1, 1977, to such point source is based upon a discharge into a publicly owned treatment works; or

(ii) if such point source (other than a pub-licly owned treatment works) had before July 1, 1977, a contract (enforceable against such point source) to discharge into a publicly owned treatment works; or


1 So in original. Probably should be ‘‘than’’.

(iii) if either an application made before July 1, 1977, for a construction grant under this chapter for a publicly owned treatment works, or engineering or architectural plans or working drawings made before July 1, 1977, for a publicly owned treatment works, show that such point source was to discharge into such publicly owned treatment works,

and such publicly owned treatment works is presently unable to accept such discharge with-out construction, and in the case of a discharge to an existing publicly owned treatment works, such treatment works has an extension pursuant to paragraph (1) of this subsection, the owner or operator of such point source may request the Administrator (or if appropriate the State) to issue or modify such a permit pursuant to such section 1342 of this title to extend such time for compliance. Any such request shall be filed with the Administrator (or if appropriate the State) within 180 days after December 27, 1977, or the filing of a request by the appropriate publicly owned treatment works under paragraph (1) of this subsection, whichever is later. If the Ad-ministrator (or if appropriate the State) finds that the owner or operator of such point source has acted in good faith, he may grant such re-quest and issue or modify such a permit, which shall contain a schedule of compliance for the point source to achieve the requirements of sub-sections (b)(1)(A) and (C) of this section and shall contain such other terms and conditions, including pretreatment and interim effluent limitations and water conservation require-ments applicable to that point source, as the Administrator determines are necessary to carry out the provisions of this chapter.

(B) No time modification granted by the Ad-ministrator (or if appropriate the State) pursu-ant to paragraph (2)(A) of this subsection shall extend beyond the earliest date practicable for compliance or beyond the date of any extension granted to the appropriate publicly owned treat-ment works pursuant to paragraph (1) of this subsection, but in no event shall it extend be-yond July 1, 1988; and no such time modification shall be granted unless (i) the publicly owned treatment works will be in operation and avail-able to the point source before July 1, 1988, and will meet the requirements of subsections (b)(1)(B) and (C) of this section after receiving the discharge from that point source; and (ii) the point source and the publicly owned treat-ment works have entered into an enforceable contract requiring the point source to discharge into the publicly owned treatment works, the owner or operator of such point source to pay the costs required under section 1284 of this title, and the publicly owned treatment works to accept the discharge from the point source; and (iii) the permit for such point source re-quires that point source to meet all require-ments under section 1317(a) and (b) of this title during the period of such time modification.

(j) Modification procedures

(1) Any application filed under this section for a modification of the provisions of—

(A) subsection (b)(1)(B) under subsection (h) of this section shall be filed not later that 1

the 365th day which begins after December 29, 1981, except that a publicly owned treatment works which prior to December 31, 1982, had a contractual arrangement to use a portion of the capacity of an ocean outfall operated by another publicly owned treatment works which has applied for or received modification under subsection (h), may apply for a modi-fication of subsection (h) in its own right not later than 30 days after February 4, 1987, and except as provided in paragraph (5);

(B) subsection (b)(2)(A) as it applies to pol-lutants identified in subsection (b)(2)(F) shall be filed not later than 270 days after the date of promulgation of an applicable effluent guideline under section 1314 of this title or not later than 270 days after December 27, 1977, whichever is later.

(2) Subject to paragraph (3) of this section, any application for a modification filed under subsection (g) of this section shall not operate to stay any requirement under this chapter, un-less in the judgment of the Administrator such a stay or the modification sought will not result in the discharge of pollutants in quantities which may reasonably be anticipated to pose an unacceptable risk to human health or the envi-ronment because of bioaccumulation, persist-ency in the environment, acute toxicity, chronic toxicity (including carcinogenicity, mutagenic-ity, or teratogenicity), or synergistic propen-sities, and that there is a substantial likelihood that the applicant will succeed on the merits of such application. In the case of an application filed under subsection (g) of this section, the Ad-ministrator may condition any stay granted under this paragraph on requiring the filing of a bond or other appropriate security to assure timely compliance with the requirements from which a modification is sought.

(3) COMPLIANCE REQUIREMENTS UNDER SUB-SECTION (g).—

(A) EFFECT OF FILING.—An application for a modification under subsection (g) and a peti-tion for listing of a pollutant as a pollutant for which modifications are authorized under such subsection shall not stay the requirement that the person seeking such modification or listing comply with effluent limitations under this chapter for all pollutants not the subject of such application or petition.

(B) EFFECT OF DISAPPROVAL.—Disapproval of an application for a modification under sub-section (g) shall not stay the requirement that the person seeking such modification comply with all applicable effluent limitations under this chapter.

(4) DEADLINE FOR SUBSECTION (g) DECISION.—An application for a modification with respect to a pollutant filed under subsection (g) must be ap-proved or disapproved not later than 365 days after the date of such filing; except that in any case in which a petition for listing such pollut-ant as a pollutant for which modifications are authorized under such subsection is approved, such application must be approved or dis-approved not later than 365 days after the date of approval of such petition.

(5) EXTENSION OF APPLICATION DEADLINE.— (A) IN GENERAL.—In the 180-day period begin-

ning on October 31, 1994, the city of San Diego,


2 So in original. Probably should be ‘‘contractual’’.

California, may apply for a modification pur-suant to subsection (h) of the requirements of subsection (b)(1)(B) with respect to biological oxygen demand and total suspended solids in the effluent discharged into marine waters.

(B) APPLICATION.—An application under this paragraph shall include a commitment by the applicant to implement a waste water rec-lamation program that, at a minimum, will—

(i) achieve a system capacity of 45,000,000 gallons of reclaimed waste water per day by January 1, 2010; and

(ii) result in a reduction in the quantity of suspended solids discharged by the applicant into the marine environment during the pe-riod of the modification.

(C) ADDITIONAL CONDITIONS.—The Adminis-trator may not grant a modification pursuant to an application submitted under this para-graph unless the Administrator determines that such modification will result in removal of not less than 58 percent of the biological ox-ygen demand (on an annual average) and not less than 80 percent of total suspended solids (on a monthly average) in the discharge to which the application applies.

(D) PRELIMINARY DECISION DEADLINE.—The Administrator shall announce a preliminary decision on an application submitted under this paragraph not later than 1 year after the date the application is submitted.

(k) Innovative technology

In the case of any facility subject to a permit under section 1342 of this title which proposes to comply with the requirements of subsection (b)(2)(A) or (b)(2)(E) of this section by replacing existing production capacity with an innovative production process which will result in an efflu-ent reduction significantly greater than that re-quired by the limitation otherwise applicable to such facility and moves toward the national goal of eliminating the discharge of all pollut-ants, or with the installation of an innovative control technique that has a substantial likeli-hood for enabling the facility to comply with the applicable effluent limitation by achieving a significantly greater effluent reduction than that required by the applicable effluent limita-tion and moves toward the national goal of eliminating the discharge of all pollutants, or by achieving the required reduction with an in-novative system that has the potential for sig-nificantly lower costs than the systems which have been determined by the Administrator to be economically achievable, the Administrator (or the State with an approved program under section 1342 of this title, in consultation with the Administrator) may establish a date for compliance under subsection (b)(2)(A) or (b)(2)(E) of this section no later than two years after the date for compliance with such effluent limitation which would otherwise be applicable under such subsection, if it is also determined that such innovative system has the potential for industrywide application.

(l) Toxic pollutants

Other than as provided in subsection (n) of this section, the Administrator may not modify any requirement of this section as it applies to

any specific pollutant which is on the toxic pol-lutant list under section 1317(a)(1) of this title.

(m) Modification of effluent limitation require-ments for point sources

(1) The Administrator, with the concurrence of the State, may issue a permit under section 1342 of this title which modifies the requirements of subsections (b)(1)(A) and (b)(2)(E) of this section, and of section 1343 of this title, with respect to effluent limitations to the extent such limita-tions relate to biochemical oxygen demand and pH from discharges by an industrial discharger in such State into deep waters of the territorial seas, if the applicant demonstrates and the Ad-ministrator finds that—

(A) the facility for which modification is sought is covered at the time of the enactment of this subsection by National Pollutant Dis-charge Elimination System permit number CA0005894 or CA0005282;

(B) the energy and environmental costs of meeting such requirements of subsections (b)(1)(A) and (b)(2)(E) and section 1343 of this title exceed by an unreasonable amount the benefits to be obtained, including the objec-tives of this chapter;

(C) the applicant has established a system for monitoring the impact of such discharges on a representative sample of aquatic biota;

(D) such modified requirements will not re-sult in any additional requirements on any other point or nonpoint source;

(E) there will be no new or substantially in-creased discharges from the point source of the pollutant to which the modification ap-plies above that volume of discharge specified in the permit;

(F) the discharge is into waters where there is strong tidal movement and other hydro-logical and geological characteristics which are necessary to allow compliance with this subsection and section 1251(a)(2) of this title;

(G) the applicant accepts as a condition to the permit a contractural 2 obligation to use funds in the amount required (but not less than $250,000 per year for ten years) for re-search and development of water pollution control technology, including but not limited to closed cycle technology;

(H) the facts and circumstances present a unique situation which, if relief is granted, will not establish a precedent or the relax-ation of the requirements of this chapter ap-plicable to similarly situated discharges; and

(I) no owner or operator of a facility com-parable to that of the applicant situated in the United States has demonstrated that it would be put at a competitive disadvantage to the applicant (or the parent company or any sub-sidiary thereof) as a result of the issuance of a permit under this subsection.

(2) The effluent limitations established under a permit issued under paragraph (1) shall be suf-ficient to implement the applicable State water quality standards, to assure the protection of public water supplies and protection and propa-gation of a balanced, indigenous population of shellfish, fish, fauna, wildlife, and other aquatic


organisms, and to allow recreational activities in and on the water. In setting such limitations, the Administrator shall take into account any seasonal variations and the need for an adequate margin of safety, considering the lack of essen-tial knowledge concerning the relationship be-tween effluent limitations and water quality and the lack of essential knowledge of the ef-fects of discharges on beneficial uses of the re-ceiving waters.

(3) A permit under this subsection may be is-sued for a period not to exceed five years, and such a permit may be renewed for one additional period not to exceed five years upon a dem-onstration by the applicant and a finding by the Administrator at the time of application for any such renewal that the provisions of this sub-section are met.

(4) The Administrator may terminate a permit issued under this subsection if the Adminis-trator determines that there has been a decline in ambient water quality of the receiving waters during the period of the permit even if a direct cause and effect relationship cannot be shown: Provided, That if the effluent from a source with a permit issued under this subsection is contrib-uting to a decline in ambient water quality of the receiving waters, the Administrator shall terminate such permit.

(n) Fundamentally different factors

(1) General rule

The Administrator, with the concurrence of the State, may establish an alternative re-quirement under subsection (b)(2) or section 1317(b) of this title for a facility that modifies the requirements of national effluent limita-tion guidelines or categorical pretreatment standards that would otherwise be applicable to such facility, if the owner or operator of such facility demonstrates to the satisfaction of the Administrator that—

(A) the facility is fundamentally different with respect to the factors (other than cost) specified in section 1314(b) or 1314(g) of this title and considered by the Administrator in establishing such national effluent limita-tion guidelines or categorical pretreatment standards;

(B) the application— (i) is based solely on information and

supporting data submitted to the Adminis-trator during the rulemaking for estab-lishment of the applicable national efflu-ent limitation guidelines or categorical pretreatment standard specifically raising the factors that are fundamentally dif-ferent for such facility; or

(ii) is based on information and support-ing data referred to in clause (i) and infor-mation and supporting data the applicant did not have a reasonable opportunity to submit during such rulemaking;

(C) the alternative requirement is no less stringent than justified by the fundamental difference; and

(D) the alternative requirement will not result in a non-water quality environmental impact which is markedly more adverse than the impact considered by the Adminis-trator in establishing such national effluent

limitation guideline or categorical pre-treatment standard.

(2) Time limit for applications

An application for an alternative require-ment which modifies the requirements of an effluent limitation or pretreatment standard under this subsection must be submitted to the Administrator within 180 days after the date on which such limitation or standard is established or revised, as the case may be.

(3) Time limit for decision

The Administrator shall approve or deny by final agency action an application submitted under this subsection within 180 days after the date such application is filed with the Admin-istrator.

(4) Submission of information

The Administrator may allow an applicant under this subsection to submit information and supporting data until the earlier of the date the application is approved or denied or the last day that the Administrator has to ap-prove or deny such application.

(5) Treatment of pending applications

For the purposes of this subsection, an appli-cation for an alternative requirement based on fundamentally different factors which is pend-ing on February 4, 1987, shall be treated as having been submitted to the Administrator on the 180th day following February 4, 1987. The applicant may amend the application to take into account the provisions of this sub-section.

(6) Effect of submission of application

An application for an alternative require-ment under this subsection shall not stay the applicant’s obligation to comply with the ef-fluent limitation guideline or categorical pre-treatment standard which is the subject of the application.

(7) Effect of denial

If an application for an alternative require-ment which modifies the requirements of an effluent limitation or pretreatment standard under this subsection is denied by the Admin-istrator, the applicant must comply with such limitation or standard as established or re-vised, as the case may be.

(8) Reports

By January 1, 1997, and January 1 of every odd-numbered year thereafter, the Adminis-trator shall submit to the Committee on Envi-ronment and Public Works of the Senate and the Committee on Transportation and Infra-structure of the House of Representatives a re-port on the status of applications for alter-native requirements which modify the require-ments of effluent limitations under section 1311 or 1314 of this title or any national cat-egorical pretreatment standard under section 1317(b) of this title filed before, on, or after February 4, 1987.

(o) Application fees

The Administrator shall prescribe and collect from each applicant fees reflecting the reason-able administrative costs incurred in reviewing


and processing applications for modifications submitted to the Administrator pursuant to sub-sections (c), (g), (i), (k), (m), and (n) of this sec-tion, section 1314(d)(4) of this title, and section 1326(a) of this title. All amounts collected by the Administrator under this subsection shall be de-posited into a special fund of the Treasury enti-tled ‘‘Water Permits and Related Services’’ which shall thereafter be available for appro-priation to carry out activities of the Environ-mental Protection Agency for which such fees were collected.

(p) Modified permit for coal remining operations

(1) In general

Subject to paragraphs (2) through (4) of this subsection, the Administrator, or the State in any case which the State has an approved per-mit program under section 1342(b) of this title, may issue a permit under section 1342 of this title which modifies the requirements of sub-section (b)(2)(A) of this section with respect to the pH level of any pre-existing discharge, and with respect to pre-existing discharges of iron and manganese from the remined area of any coal remining operation or with respect to the pH level or level of iron or manganese in any pre-existing discharge affected by the remin-ing operation. Such modified requirements shall apply the best available technology eco-nomically achievable on a case-by-case basis, using best professional judgment, to set spe-cific numerical effluent limitations in each permit.

(2) Limitations

The Administrator or the State may only issue a permit pursuant to paragraph (1) if the applicant demonstrates to the satisfaction of the Administrator or the State, as the case may be, that the coal remining operation will result in the potential for improved water quality from the remining operation but in no event shall such a permit allow the pH level of any discharge, and in no event shall such a permit allow the discharges of iron and man-ganese, to exceed the levels being discharged from the remined area before the coal remin-ing operation begins. No discharge from, or af-fected by, the remining operation shall exceed State water quality standards established under section 1313 of this title.

(3) Definitions

For purposes of this subsection—

(A) Coal remining operation

The term ‘‘coal remining operation’’ means a coal mining operation which begins after February 4, 1987 at a site on which coal mining was conducted before August 3, 1977.

(B) Remined area

The term ‘‘remined area’’ means only that area of any coal remining operation on which coal mining was conducted before Au-gust 3, 1977.

(C) Pre-existing discharge

The term ‘‘pre-existing discharge’’ means any discharge at the time of permit applica-tion under this subsection.

(4) Applicability of strip mining laws

Nothing in this subsection shall affect the application of the Surface Mining Control and Reclamation Act of 1977 [30 U.S.C. 1201 et seq.] to any coal remining operation, including the application of such Act to suspended solids.

(June 30, 1948, ch. 758, title III, § 301, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 844; amended Pub. L. 95–217, §§ 42–47, 53(c), Dec. 27, 1977, 91 Stat. 1582–1586, 1590; Pub. L. 97–117, §§ 21, 22(a)–(d), Dec. 29, 1981, 95 Stat. 1631, 1632; Pub. L. 97–440, Jan. 8, 1983, 96 Stat. 2289; Pub. L. 100–4, title III, §§ 301(a)–(e), 302(a)–(d), 303(a), (b)(1), (c)–(f), 304(a), 305, 306(a), (b), 307, Feb. 4, 1987, 101 Stat. 29–37; Pub. L. 100–688, title III, § 3202(b), Nov. 18, 1988, 102 Stat. 4154; Pub. L. 103–431, § 2, Oct. 31, 1994, 108 Stat. 4396; Pub. L. 104–66, title II, § 2021(b), Dec. 21, 1995, 109 Stat. 727.)

REFERENCES IN TEXT

The Surface Mining Control and Reclamation Act of 1977, referred to in subsec. (p)(4), is Pub. L. 95–87, Aug. 3, 1977, 91 Stat. 445, as amended, which is classified gen-erally to chapter 25 (§ 1201 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under sec-tion 1201 of Title 30 and Tables.

AMENDMENTS

1995—Subsec. (n)(8). Pub. L. 104–66 substituted ‘‘By January 1, 1997, and January 1 of every odd-numbered year thereafter, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and In-frastructure’’ for ‘‘Every 6 months after February 4, 1987, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation’’.

1994—Subsec. (j)(1)(A). Pub. L. 103–431, § 2(1), inserted before semicolon at end ‘‘, and except as provided in paragraph (5)’’.

Subsec. (j)(5). Pub. L. 103–431, § 2(2), added par. (5). 1988—Subsec. (f). Pub. L. 100–688 substituted ‘‘, any

high-level radioactive waste, or any medical waste,’’ for ‘‘or high-level radioactive waste’’.

1987—Subsec. (b)(2)(C). Pub. L. 100–4, § 301(a), struck out ‘‘not later than July 1, 1984,’’ before ‘‘with respect’’ and inserted ‘‘as expeditiously as practicable but in no case later than three years after the date such limita-tions are promulgated under section 1314(b) of this title, and in no case later than March 31, 1989’’ after ‘‘of this paragraph’’.

Subsec. (b)(2)(D). Pub. L. 100–4, § 301(b), substituted ‘‘as expeditiously as practicable, but in no case later than three years after the date such limitations are promulgated under section 1314(b) of this title, and in no case later than March 31, 1989’’ for ‘‘not later than three years after the date such limitations are estab-lished’’.

Subsec. (b)(2)(E). Pub. L. 100–4, § 301(c), substituted ‘‘as expeditiously as practicable but in no case later than three years after the date such limitations are promulgated under section 1314(b) of this title, and in no case later than March 31, 1989, compliance with’’ for ‘‘not later than July 1, 1984,’’.

Subsec. (b)(2)(F). Pub. L. 100–4, § 301(d), substituted ‘‘as expeditiously as practicable but in no case’’ for ‘‘not’’ and ‘‘and in no case later than March 31, 1989’’ for ‘‘or not later than July 1, 1984, whichever is later, but in no case later than July 1, 1987’’.

Subsec. (b)(3). Pub. L. 100–4, § 301(e), added par. (3). Subsec. (g)(1). Pub. L. 100–4, § 302(a), substituted par.

(1) for introductory provisions of former par. (1) which read as follows: ‘‘The Administrator, with the concur-rence of the State, shall modify the requirements of subsection (b)(2)(A) of this section with respect to the


discharge of any pollutant (other than pollutants iden-tified pursuant to section 1314(a)(4) of this title, toxic pollutants subject to section 1317(a) of this title, and the thermal component of discharges) from any point source upon a showing by the owner or operator of such point source satisfactory to the Administrator that—’’. Subpars (A) to (C) of former par. (1) were redesignated as subpars. (A) to (C) of par. (2).

Subsec. (g)(2). Pub. L. 100–4, § 302(a), (d)(2), inserted introductory provisions of par. (2), and by so doing, re-designated subpars. (A) to (C) of former par. (1) as sub-pars. (A) to (C) of par. (2), realigned such subpars. with subpar. (A) of par. (4), and redesignated former par. (2) as (3).

Subsec. (g)(3). Pub. L. 100–4, § 302(a), (d)(1), redesig-nated former par. (2) as (3), inserted heading, and aligned par. (3) with par. (4).

Subsec. (g)(4), (5). Pub. L. 100–4, § 302(b), added pars. (4) and (5).

Subsec. (h). Pub. L. 100–4, § 303(d)(2), (e), in closing provisions, inserted provision defining ‘‘primary or equivalent treatment’’ for purposes of par. (9) and pro-visions placing limitations on issuance of permits for discharge of pollutant into marine waters and saline es-tuarine waters and prohibiting issuance of permit for discharge of pollutant into New York Bight Apex.

Subsec. (h)(2). Pub. L. 100–4, § 303(a), substituted ‘‘the discharge of pollutants in accordance with such modi-fied requirements will not interfere, alone or in combi-nation with pollutants from other sources,’’ for ‘‘such modified requirements will not interfere’’.

Subsec. (h)(3). Pub. L. 100–4, § 303(b)(1), inserted ‘‘, and the scope of such monitoring is limited to include only those scientific investigations which are necessary to study the effects of the proposed discharge’’ before semicolon at end.

Subsec. (h)(6) to (9). Pub. L. 100–4, § 303(c), (d)(1), added par. (6), redesignated former pars. (6) and (7) as (7) and (8), respectively, substituted semicolon for pe-riod at end of par. (8), and added par. (9).

Subsec. (i)(1). Pub. L. 100–4, § 304(a), substituted ‘‘Feb-ruary 4, 1987’’ for ‘‘December 27, 1977’’.

Subsec. (j)(1)(A). Pub. L. 100–4, § 303(f), inserted before semicolon at end ‘‘, except that a publicly owned treat-ment works which prior to December 31, 1982, had a contractual arrangement to use a portion of the capac-ity of an ocean outfall operated by another publicly owned treatment works which has applied for or re-ceived modification under subsection (h), may apply for a modification of subsection (h) in its own right not later than 30 days after February 4, 1987’’.

Subsec. (j)(2). Pub. L. 100–4, § 302(c)(1), substituted ‘‘Subject to paragraph (3) of this section, any’’ for ‘‘Any’’.

Subsec. (j)(3), (4). Pub. L. 100–4, § 302(c)(2), added pars. (3) and (4).

Subsec. (k). Pub. L. 100–4, § 305, substituted ‘‘two years after the date for compliance with such effluent limitation which would otherwise be applicable under such subsection’’ for ‘‘July 1, 1987’’ and inserted ‘‘or (b)(2)(E)’’ after ‘‘(b)(2)(A)’’ in two places.

Subsec. (l). Pub. L. 100–4, § 306(b), substituted ‘‘Other than as provided in subsection (n) of this section, the’’ for ‘‘The’’.

Subsecs. (n), (o). Pub. L. 100–4, § 306(a), added subsecs. (n) and (o).

Subsec. (p). Pub. L. 100–4, § 307, added subsec. (p). 1983—Subsec. (m). Pub. L. 97–440 added subsec. (m). 1981—Subsec. (b)(2)(B). Pub. L. 97–117, § 21(b), struck

out subpar. (B) which required that, not later than July 1, 1983, compliance by all publicly owned treatment works with the requirements in section 1281(g)(2)(A) of this title be achieved.

Subsec. (h). Pub. L. 97–117, § 22(a) to (c), struck out in provision preceding par. (1) ‘‘in an existing discharge’’ after ‘‘discharge of any pollutant’’, struck out par. (8), which required the applicant to demonstrate to the sat-isfaction of the Administrator that any funds available to the owner of such treatment works under subchapter II of this chapter be used to achieve the degree of efflu-

ent reduction required by section 1281(b) and (g)(2)(A) of this title or to carry out the requirements of this subsection, and inserted in provision following par. (7) a further provision that a municipality which applies secondary treatment be eligible to receive a permit which modifies the requirements of subsec. (b)(1)(B) of this section with respect to the discharge of any pollut-ant from any treatment works owned by such munici-pality into marine waters and that no permit issued under this subsection authorize the discharge of sewage sludge into marine waters.

Subsec. (i)(1), (2)(B). Pub. L. 97–117, § 21(a), substituted ‘‘July 1, 1988,’’ for ‘‘July 1, 1983,’’ wherever appearing. Par. (2)(B) contained a reference to ‘‘July 1, 1983;’’ which was changed to ‘‘July 1, 1988;’’ as the probable in-tent of Congress in that reference to July 1, 1983, was to the outside date for compliance for a point source other than a publicly owned treatment works and sub-par. (B) allows a time extension for such a point source up to the date granted in an extension for a publicly owned treatment works, which date was extended to July 1, 1988, by Pub. L. 97–117.

Subsec. (j)(1)(A). Pub. L. 97–117, § 22(d), substituted ‘‘that the 365th day which begins after December 29, 1981’’ for ‘‘than 270 days after December 27, 1977’’.

1977—Subsec. (b)(2)(A). Pub. L. 95–217, § 42(b), sub-stituted ‘‘for pollutants identified in subparagraphs (C), (D), and (F) of this paragraph’’ for ‘‘not later than July 1, 1983’’.

Subsec. (b)(2)(C) to (F). Pub. L. 95–217, § 42(a), added subpars. (C) to (F).

Subsec. (g). Pub. L. 95–217, § 43, added subsec. (g). Subsec. (h). Pub. L. 95–217, § 44, added subsec. (h). Subsec. (i). Pub. L. 95–217, § 45, added subsec. (i). Subsec. (j). Pub. L. 95–217, § 46, added subsec. (j). Subsec. (k). Pub. L. 95–217, § 47, added subsec. (k). Subsec. (l). Pub. L. 95–217, § 53(c), added subsec. (l).

CHANGE OF NAME



Pub. L. 100–4, title III, § 302(e), Feb. 4, 1987, 101 Stat. 32, provided that:

‘‘(1) GENERAL RULE.—Except as provided in paragraph (2), the amendments made by this section [amending this section] shall apply to all requests for modifica-tions under section 301(g) of the Federal Water Pollu-tion Control Act [33 U.S.C. 1311(g)] pending on the date of the enactment of this Act [Feb. 4, 1987] and shall not have the effect of extending the deadline established in section 301(j)(1)(B) of such Act.

‘‘(2) EXCEPTION.—The amendments made by this sec-tion shall not affect any application for a modification with respect to the discharge of ammonia, chlorine, color, iron, or total phenols (4AAP) under section 301(g) of the Federal Water Pollution Control Act pending on the date of the enactment of this Act; except that the Administrator must approve or disapprove such appli-cation not later than 365 days after the date of such en-actment.’’

Pub. L. 100–4, title III, § 303(b)(2), Feb. 4, 1987, 101 Stat. 33, provided that: ‘‘The amendment made by subsection (b) [amending this section] shall only apply to modi-fications and renewals of modifications which are ten-tatively or finally approved after the date of the enact-ment of this Act [Feb. 4, 1987].’’

Pub. L. 100–4, title III, § 303(g), Feb. 4, 1987, 101 Stat. 34, provided that: ‘‘The amendments made by sub-sections (a), (c), (d), and (e) of this section [amending this section] shall not apply to an application for a per-mit under section 301(h) of the Federal Water Pollution Control Act [33 U.S.C. 1311(h)] which has been ten-tatively or finally approved by the Administrator be-


fore the date of the enactment of this Act [Feb. 4, 1987]; except that such amendments shall apply to all renew-als of such permits after such date of enactment.’’

Pub. L. 100–4, title III, § 304(b), Feb. 4, 1987, 101 Stat. 34, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall not apply to those treatment works which are subject to a compliance schedule established before the date of the enactment of this Act [Feb. 4, 1987] by a court order or a final ad-ministrative order.’’


Pub. L. 97–117, § 22(e), Dec. 29, 1981, 95 Stat. 1632, pro-vided that: ‘‘The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [Dec. 29, 1981], except that no ap-plicant, other than the city of Avalon, California, who applies after the date of enactment of this Act for a permit pursuant to subsection (h) of section 301 of the Federal Water Pollution Control Act [33 U.S.C. 1311(h)] which modifies the requirements of subsection (b)(1)(B) of section 301 of such Act [33 U.S.C. 1311(b)(1)(B)] shall receive such permit during the one-year period which begins on the date of enactment of this Act.’’

REGULATIONS

Pub. L. 100–4, title III, § 301(f), Feb. 4, 1987, 101 Stat. 30, provided that: ‘‘The Administrator shall promulgate final regulations establishing effluent limitations in accordance with sections 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 toxic pollutants referred to in table 1 of Committee Print Numbered 95–30 of the Committee on Public Works and Transportation of the House of Representatives which are discharged from the categories of point sources in accordance with the following table:

‘‘Category Date by which the

final regulation shall be promulgated

Organic chemicals and plastics and synthetic fibers .................. December 31, 1986.

Pesticides .................................... December 31, 1986.’’

PHOSPHATE FERTILIZER EFFLUENT LIMITATION

Amendment by section 306(a), (b) of Pub. L. 100–4 not to be construed (A) to require the Administrator to per-mit the discharge of gypsum or gypsum waste into the navigable waters, (B) to affect the procedures and standards applicable to the Administrator in issuing permits under section 1342(a)(1)(B) of this title, and (C) to affect the authority of any State to deny or condi-tion certification under section 1314 of this title with respect to the issuance of permits under section 1342(a)(1)(B) of this title, see section 306(c) of Pub. L. 100–4, set out as a note under section 1342 of this title.

DISCHARGES FROM POINT SOURCES IN UNITED STATES VIRGIN ISLANDS ATTRIBUTABLE TO MANUFACTURE OF RUM; EXEMPTION FROM FEDERAL WATER POLLUTION CONTROL REQUIREMENTS; CONDITIONS

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. 2095, provided that: ‘‘Any discharge from a point source in the United States Virgin Islands in existence on the date of the enactment of this subsection [Aug. 5, 1983] which discharge is attributable to the manufacture of rum (as defined in paragraphs (3) of section 7652(c) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]) [26 U.S.C. 7652(c)(3)] shall not be subject to the require-ments of section 301 (other than toxic pollutant dis-charges), section 306 or section 403 of the Federal Water Pollution Control Act [33 U.S.C. 1311, 1316, 1343] if—

‘‘(1) such discharge occurs at least one thousand five hundred feet into the territorial sea from the line of ordinary low water from that portion of the coast which is in direct contact with the sea, and

‘‘(2) the Governor of the United States Virgin Is-lands determines that such discharge will not inter-

fere with the attainment or maintenance of that water quality which shall assure protection of public water supplies, and the protection and propagation of a balanced population of shellfish, fish, and wildlife, and allow recreational activities, in and on the water and will not result in the discharge of pollutants in quantities which may reasonably be anticipated to pose an unacceptable risk to human health or the en-vironment because of bioaccumulation, persistency in the environment, acute toxicity, chronic toxicity (including carcinogenicity, mutagenicity, or tera-togenicity), or synergistic propensities.’’

CERTAIN MUNICIPAL COMPLIANCE DEADLINES UNAFFECTED; EXCEPTION

Pub. L. 97–117, § 21(a), Dec. 29, 1981, 95 Stat. 1631, pro-vided in part that: ‘‘The amendment made by this sub-section [amending this section] shall not be interpreted or applied to extend the date for compliance with sec-tion 301(b)(1)(B) or (C) of the Federal Water Pollution Control Act [33 U.S.C. 1311(b)(1)(B), (C)] beyond sched-ules for compliance in effect as of the date of enact-ment of this Act [Dec. 29, 1981], except in cases where reductions in the amount of financial assistance under this Act [Pub. L. 97–117, see Short Title of 1981 Amend-ment note set out under section 1251 of this title] or changed conditions affecting the rate of construction beyond the control of the owner or operator will make it impossible to complete construction by July 1, 1983.’’

TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES

For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.

§ 1312. Water quality related effluent limitations

(a) Establishment

Whenever, in the judgment of the Adminis-trator or as identified under section 1314(l) of this title, discharges of pollutants from a point source or group of point sources, with the appli-cation of effluent limitations required under section 1311(b)(2) of this title, would interfere with the attainment or maintenance of that water quality in a specific portion of the navi-gable waters which shall assure protection of public health, public water supplies, agricul-tural and industrial uses, and the protection and propagation of a balanced population of shell-fish, fish and wildlife, and allow recreational ac-tivities in and on the water, effluent limitations (including alternative effluent control strate-gies) for such point source or sources shall be es-tablished which can reasonably be expected to contribute to the attainment or maintenance of such water quality.

(b) Modifications of effluent limitations

(1) Notice and hearing

Prior to establishment of any effluent limi-tation pursuant to subsection (a) of this sec-tion, the Administrator shall publish such pro-posed limitation and within 90 days of such publication hold a public hearing.

(2) Permits

(A) No reasonable relationship

The Administrator, with the concurrence of the State, may issue a permit which modifies the effluent limitations required by subsection (a) of this section for pollutants other than toxic pollutants if the applicant


demonstrates at such hearing that (whether or not technology or other alternative con-trol strategies are available) there is no rea-sonable relationship between the economic and social costs and the benefits to be ob-tained (including attainment of the objec-tive of this chapter) from achieving such limitation.

(B) Reasonable progress

The Administrator, with the concurrence of the State, may issue a permit which modifies the effluent limitations required by subsection (a) of this section for toxic pol-lutants for a single period not to exceed 5 years if the applicant demonstrates to the satisfaction of the Administrator that such modified requirements (i) will represent the maximum degree of control within the eco-nomic capability of the owner and operator of the source, and (ii) will result in reason-able further progress beyond the require-ments of section 1311(b)(2) of this title to-ward the requirements of subsection (a) of this section.

(c) Delay in application of other limitations

The establishment of effluent limitations under this section shall not operate to delay the application of any effluent limitation estab-lished under section 1311 of this title.

(June 30, 1948, ch. 758, title III, § 302, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 846; amended Pub. L. 100–4, title III, § 308(e), Feb. 4, 1987, 101 Stat. 39.)

AMENDMENTS

1987—Subsec. (a). Pub. L. 100–4, § 308(e)(2), inserted ‘‘or as identified under section 1314(l) of this title’’ after ‘‘Administrator’’ and ‘‘public health,’’ after ‘‘protec-tion of’’.

Subsec. (b). Pub. L. 100–4, § 308(e)(1), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:

‘‘(1) Prior to establishment of any effluent limitation pursuant to subsection (a) of this section, the Adminis-trator shall issue notice of intent to establish such lim-itation and within ninety days of such notice hold a public hearing to determine the relationship of the eco-nomic and social costs of achieving any such limitation or limitations, including any economic or social dis-location in the affected community or communities, to the social and economic benefits to be obtained (includ-ing the attainment of the objective of this chapter) and to determine whether or not such effluent limitations can be implemented with available technology or other alternative control strategies.

‘‘(2) If a person affected by such limitation dem-onstrates at such hearing that (whether or not such technology or other alternative control strategies are available) there is no reasonable relationship between the economic and social costs and the benefits to be ob-tained (including attainment of the objective of this chapter), such limitation shall not become effective and the Administrator shall adjust such limitation as it applies to such person.’’

§ 1313. Water quality standards and implementa-tion plans

(a) Existing water quality standards

(1) In order to carry out the purpose of this chapter, any water quality standard applicable to interstate waters which was adopted by any State and submitted to, and approved by, or is

awaiting approval by, the Administrator pursu-ant to this Act as in effect immediately prior to October 18, 1972, shall remain in effect unless the Administrator determined that such standard is not consistent with the applicable requirements of this Act as in effect immediately prior to Oc-tober 18, 1972. If the Administrator makes such a determination he shall, within three months after October 18, 1972, notify the State and speci-fy the changes needed to meet such require-ments. If such changes are not adopted by the State within ninety days after the date of such notification, the Administrator shall promul-gate such changes in accordance with subsection (b) of this section.

(2) Any State which, before October 18, 1972, has adopted, pursuant to its own law, water quality standards applicable to intrastate wa-ters shall submit such standards to the Adminis-trator within thirty days after October 18, 1972. Each such standard shall remain in effect, in the same manner and to the same extent as any other water quality standard established under this chapter unless the Administrator deter-mines that such standard is inconsistent with the applicable requirements of this Act as in ef-fect immediately prior to October 18, 1972. If the Administrator makes such a determination he shall not later than the one hundred and twenti-eth day after the date of submission of such standards, notify the State and specify the changes needed to meet such requirements. If such changes are not adopted by the State with-in ninety days after such notification, the Ad-ministrator shall promulgate such changes in accordance with subsection (b) of this section.

(3)(A) Any State which prior to October 18, 1972, has not adopted pursuant to its own laws water quality standards applicable to intrastate waters shall, not later than one hundred and eighty days after October 18, 1972, adopt and sub-mit such standards to the Administrator.

(B) If the Administrator determines that any such standards are consistent with the applica-ble requirements of this Act as in effect imme-diately prior to October 18, 1972, he shall approve such standards.

(C) If the Administrator determines that any such standards are not consistent with the ap-plicable requirements of this Act as in effect im-mediately prior to October 18, 1972, he shall, not later than the ninetieth day after the date of submission of such standards, notify the State and specify the changes to meet such require-ments. If such changes are not adopted by the State within ninety days after the date of notifi-cation, the Administrator shall promulgate such standards pursuant to subsection (b) of this sec-tion.

(b) Proposed regulations

(1) The Administrator shall promptly prepare and publish proposed regulations setting forth water quality standards for a State in accord-ance with the applicable requirements of this Act as in effect immediately prior to October 18, 1972, if—

(A) the State fails to submit water quality standards within the times prescribed in sub-section (a) of this section.

(B) a water quality standard submitted by such State under subsection (a) of this section


is determined by the Administrator not to be consistent with the applicable requirements of subsection (a) of this section.

(2) The Administrator shall promulgate any water quality standard published in a proposed regulation not later than one hundred and nine-ty days after the date he publishes any such pro-posed standard, unless prior to such promulga-tion, such State has adopted a water quality standard which the Administrator determines to be in accordance with subsection (a) of this sec-tion.

(c) Review; revised standards; publication

(1) The Governor of a State or the State water pollution control agency of such State shall from time to time (but at least once each three year period beginning with October 18, 1972) hold public hearings for the purpose of reviewing ap-plicable water quality standards and, as appro-priate, modifying and adopting standards. Re-sults of such review shall be made available to the Administrator.

(2)(A) Whenever the State revises or adopts a new standard, such revised or new standard shall be submitted to the Administrator. Such revised or new water quality standard shall consist of the designated uses of the navigable waters in-volved and the water quality criteria for such waters based upon such uses. Such standards shall be such as to protect the public health or welfare, enhance the quality of water and serve the purposes of this chapter. Such standards shall be established taking into consideration their use and value for public water supplies, propagation of fish and wildlife, recreational purposes, and agricultural, industrial, and other purposes, and also taking into consideration their use and value for navigation.

(B) Whenever a State reviews water quality standards pursuant to paragraph (1) of this sub-section, or revises or adopts new standards pur-suant to this paragraph, such State shall adopt criteria for all toxic pollutants listed pursuant to section 1317(a)(1) of this title for which cri-teria have been published under section 1314(a) of this title, the discharge or presence of which in the affected waters could reasonably be ex-pected to interfere with those designated uses adopted by the State, as necessary to support such designated uses. Such criteria shall be spe-cific numerical criteria for such toxic pollut-ants. Where such numerical criteria are not available, whenever a State reviews water qual-ity standards pursuant to paragraph (1), or re-vises or adopts new standards pursuant to this paragraph, such State shall adopt criteria based on biological monitoring or assessment methods consistent with information published pursuant to section 1314(a)(8) of this title. Nothing in this section shall be construed to limit or delay the use of effluent limitations or other permit con-ditions based on or involving biological monitor-ing or assessment methods or previously adopt-ed numerical criteria.

(3) If the Administrator, within sixty days after the date of submission of the revised or new standard, determines that such standard meets the requirements of this chapter, such standard shall thereafter be the water quality standard for the applicable waters of that State.

If the Administrator determines that any such revised or new standard is not consistent with the applicable requirements of this chapter, he shall not later than the ninetieth day after the date of submission of such standard notify the State and specify the changes to meet such re-quirements. If such changes are not adopted by the State within ninety days after the date of notification, the Administrator shall promul-gate such standard pursuant to paragraph (4) of this subsection.

(4) The Administrator shall promptly prepare and publish proposed regulations setting forth a revised or new water quality standard for the navigable waters involved—

(A) if a revised or new water quality stand-ard submitted by such State under paragraph (3) of this subsection for such waters is deter-mined by the Administrator not to be consist-ent with the applicable requirements of this chapter, or

(B) in any case where the Administrator de-termines that a revised or new standard is nec-essary to meet the requirements of this chap-ter.

The Administrator shall promulgate any revised or new standard under this paragraph not later than ninety days after he publishes such pro-posed standards, unless prior to such promulga-tion, such State has adopted a revised or new water quality standard which the Administrator determines to be in accordance with this chap-ter.

(d) Identification of areas with insufficient con-trols; maximum daily load; certain effluent limitations revision

(1)(A) Each State shall identify those waters within its boundaries for which the effluent lim-itations required by section 1311(b)(1)(A) and section 1311(b)(1)(B) of this title are not strin-gent enough to implement any water quality standard applicable to such waters. The State shall establish a priority ranking for such wa-ters, taking into account the severity of the pol-lution and the uses to be made of such waters.

(B) Each State shall identify those waters or parts thereof within its boundaries for which controls on thermal discharges under section 1311 of this title are not stringent enough to as-sure protection and propagation of a balanced indigenous population of shellfish, fish, and wildlife.

(C) Each State shall establish for the waters identified in paragraph (1)(A) of this subsection, and in accordance with the priority ranking, the total maximum daily load, for those pollutants which the Administrator identifies under sec-tion 1314(a)(2) of this title as suitable for such calculation. Such load shall be established at a level necessary to implement the applicable water quality standards with seasonal vari-ations and a margin of safety which takes into account any lack of knowledge concerning the relationship between effluent limitations and water quality.

(D) Each State shall estimate for the waters identified in paragraph (1)(B) of this subsection the total maximum daily thermal load required to assure protection and propagation of a bal-anced, indigenous population of shellfish, fish,


and wildlife. Such estimates shall take into ac-count the normal water temperatures, flow rates, seasonal variations, existing sources of heat input, and the dissipative capacity of the identified waters or parts thereof. Such esti-mates shall include a calculation of the maxi-mum heat input that can be made into each such part and shall include a margin of safety which takes into account any lack of knowledge concerning the development of thermal water quality criteria for such protection and propaga-tion in the identified waters or parts thereof.

(2) Each State shall submit to the Adminis-trator from time to time, with the first such submission not later than one hundred and eighty days after the date of publication of the first identification of pollutants under section 1314(a)(2)(D) of this title, for his approval the waters identified and the loads established under paragraphs (1)(A), (1)(B), (1)(C), and (1)(D) of this subsection. The Administrator shall ei-ther approve or disapprove such identification and load not later than thirty days after the date of submission. If the Administrator ap-proves such identification and load, such State shall incorporate them into its current plan under subsection (e) of this section. If the Ad-ministrator disapproves such identification and load, he shall not later than thirty days after the date of such disapproval identify such wa-ters in such State and establish such loads for such waters as he determines necessary to im-plement the water quality standards applicable to such waters and upon such identification and establishment the State shall incorporate them into its current plan under subsection (e) of this section.

(3) For the specific purpose of developing in-formation, each State shall identify all waters within its boundaries which it has not identified under paragraph (1)(A) and (1)(B) of this sub-section and estimate for such waters the total maximum daily load with seasonal variations and margins of safety, for those pollutants which the Administrator identifies under sec-tion 1314(a)(2) of this title as suitable for such calculation and for thermal discharges, at a level that would assure protection and propaga-tion of a balanced indigenous population of fish, shellfish, and wildlife.

(4) LIMITATIONS ON REVISION OF CERTAIN EFFLU-ENT LIMITATIONS.—

(A) STANDARD NOT ATTAINED.—For waters identified under paragraph (1)(A) where the ap-plicable water quality standard has not yet been attained, any effluent limitation based on a total maximum daily load or other waste load allocation established under this section may be revised only if (i) the cumulative ef-fect of all such revised effluent limitations based on such total maximum daily load or waste load allocation will assure the attain-ment of such water quality standard, or (ii) the designated use which is not being attained is removed in accordance with regulations es-tablished under this section.

(B) STANDARD ATTAINED.—For waters identi-fied under paragraph (1)(A) where the quality of such waters equals or exceeds levels nec-essary to protect the designated use for such waters or otherwise required by applicable

water quality standards, any effluent limita-tion based on a total maximum daily load or other waste load allocation established under this section, or any water quality standard es-tablished under this section, or any other per-mitting standard may be revised only if such revision is subject to and consistent with the antidegradation policy established under this section.

(e) Continuing planning process

(1) Each State shall have a continuing plan-ning process approved under paragraph (2) of this subsection which is consistent with this chapter.

(2) Each State shall submit not later than 120 days after October 18, 1972, to the Administrator for his approval a proposed continuing planning process which is consistent with this chapter. Not later than thirty days after the date of sub-mission of such a process the Administrator shall either approve or disapprove such process. The Administrator shall from time to time re-view each State’s approved planning process for the purpose of insuring that such planning proc-ess is at all times consistent with this chapter. The Administrator shall not approve any State permit program under subchapter IV of this chapter for any State which does not have an approved continuing planning process under this section.

(3) The Administrator shall approve any con-tinuing planning process submitted to him under this section which will result in plans for all navigable waters within such State, which include, but are not limited to, the following:

(A) effluent limitations and schedules of compliance at least as stringent as those re-quired by section 1311(b)(1), section 1311(b)(2), section 1316, and section 1317 of this title, and at least as stringent as any requirements con-tained in any applicable water quality stand-ard in effect under authority of this section;

(B) the incorporation of all elements of any applicable area-wide waste management plans under section 1288 of this title, and applicable basin plans under section 1289 of this title;

(C) total maximum daily load for pollutants in accordance with subsection (d) of this sec-tion;

(D) procedures for revision; (E) adequate authority for intergovern-

mental cooperation; (F) adequate implementation, including

schedules of compliance, for revised or new water quality standards, under subsection (c) of this section;

(G) controls over the disposition of all resid-ual waste from any water treatment process-ing;

(H) an inventory and ranking, in order of priority, of needs for construction of waste treatment works required to meet the applica-ble requirements of sections 1311 and 1312 of this title.

(f) Earlier compliance

Nothing in this section shall be construed to affect any effluent limitation, or schedule of compliance required by any State to be imple-mented prior to the dates set forth in sections 1311(b)(1) and 1311(b)(2) of this title nor to pre-


clude any State from requiring compliance with any effluent limitation or schedule of compli-ance at dates earlier than such dates.

(g) Heat standards

Water quality standards relating to heat shall be consistent with the requirements of section 1326 of this title.

(h) Thermal water quality standards

For the purposes of this chapter the term ‘‘water quality standards’’ includes thermal water quality standards.

(i) Coastal recreation water quality criteria

(1) Adoption by States

(A) Initial criteria and standards

Not later than 42 months after October 10, 2000, each State having coastal recreation waters shall adopt and submit to the Admin-istrator water quality criteria and standards for the coastal recreation waters of the State for those pathogens and pathogen indi-cators for which the Administrator has pub-lished criteria under section 1314(a) of this title.

(B) New or revised criteria and standards

Not later than 36 months after the date of publication by the Administrator of new or revised water quality criteria under section 1314(a)(9) of this title, each State having coastal recreation waters shall adopt and submit to the Administrator new or revised water quality standards for the coastal recreation waters of the State for all patho-gens and pathogen indicators to which the new or revised water quality criteria are ap-plicable.

(2) Failure of States to adopt

(A) In general

If a State fails to adopt water quality cri-teria and standards in accordance with para-graph (1)(A) that are as protective of human health as the criteria for pathogens and pathogen indicators for coastal recreation waters published by the Administrator, the Administrator shall promptly propose regu-lations for the State setting forth revised or new water quality standards for pathogens and pathogen indicators described in para-graph (1)(A) for coastal recreation waters of the State.

(B) Exception

If the Administrator proposes regulations for a State described in subparagraph (A) under subsection (c)(4)(B), the Administrator shall publish any revised or new standard under this subsection not later than 42 months after October 10, 2000.

(3) Applicability

Except as expressly provided by this sub-section, the requirements and procedures of subsection (c) apply to this subsection, includ-ing the requirement in subsection (c)(2)(A) that the criteria protect public health and welfare.

(June 30, 1948, ch. 758, title III, § 303, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 846;

amended Pub. L. 100–4, title III, § 308(d), title IV, § 404(b), Feb. 4, 1987, 101 Stat. 39, 68; Pub. L. 106–284, § 2, Oct. 10, 2000, 114 Stat. 870.)

REFERENCES IN TEXT

This Act, referred to in subsecs. (a)(1), (2), (3)(B), (C) and (b)(1), means act June 30, 1948, ch. 758, 62 Stat. 1155, prior to the supersedure and reenactment of act June 30, 1948 by act Oct. 18, 1972, Pub. L. 92–500, 86 Stat. 816. Act June 30, 1948, ch. 758, as added by act Oct. 18, 1972, Pub. L. 92–500, 86 Stat. 816, enacted this chapter.

AMENDMENTS

2000—Subsec. (i). Pub. L. 106–284 added subsec. (i). 1987—Subsec. (c)(2). Pub. L. 100–4, § 308(d), designated

existing provision as subpar. (A) and added subpar. (B). Subsec. (d)(4). Pub. L. 100–4, § 404(b), added par. (4).

§ 1313a. Revised water quality standards

The review, revision, and adoption or promul-gation of revised or new water quality standards pursuant to section 303(c) of the Federal Water Pollution Control Act [33 U.S.C. 1313(c)] shall be completed by the date three years after Decem-ber 29, 1981. No grant shall be made under title II of the Federal Water Pollution Control Act [33 U.S.C. 1281 et seq.] after such date until water quality standards are reviewed and revised pur-suant to section 303(c), except where the State has in good faith submitted such revised water quality standards and the Administrator has not acted to approve or disapprove such submission within one hundred and twenty days of receipt.

(Pub. L. 97–117, § 24, Dec. 29, 1981, 95 Stat. 1632.)

REFERENCES IN TEXT

The Federal Water Pollution Control Act, referred to in text, is act June 30, 1948, ch. 758, as amended gener-ally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816. Title II of the Act is classified generally to subchapter II (§ 1281 et seq.) of this chapter. For complete classifica-tion of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables.

CODIFICATION

Section was enacted as part of the Municipal Waste-water Treatment Construction Grant Amendments of 1981, and not as part of the Federal Water Pollution Control Act which comprises this chapter.

§ 1314. Information and guidelines

(a) Criteria development and publication

(1) The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall develop and pub-lish, within one year after October 18, 1972 (and from time to time thereafter revise) criteria for water quality accurately reflecting the latest scientific knowledge (A) on the kind and extent of all identifiable effects on health and welfare including, but not limited to, plankton, fish, shellfish, wildlife, plant life, shorelines, beaches, esthetics, and recreation which may be expected from the presence of pollutants in any body of water, including ground water; (B) on the con-centration and dispersal of pollutants, or their byproducts, through biological, physical, and chemical processes; and (C) on the effects of pol-lutants on biological community diversity, pro-ductivity, and stability, including information on the factors affecting rates of eutrophication and rates of organic and inorganic sedimenta-tion for varying types of receiving waters.


(2) The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall develop and pub-lish, within one year after October 18, 1972 (and from time to time thereafter revise) information (A) on the factors necessary to restore and maintain the chemical, physical, and biological integrity of all navigable waters, ground waters, waters of the contiguous zone, and the oceans; (B) on the factors necessary for the protection and propagation of shellfish, fish, and wildlife for classes and categories of receiving waters and to allow recreational activities in and on the water; and (C) on the measurement and clas-sification of water quality; and (D) for the pur-pose of section 1313 of this title, on and the iden-tification of pollutants suitable for maximum daily load measurement correlated with the achievement of water quality objectives.

(3) Such criteria and information and revisions thereof shall be issued to the States and shall be published in the Federal Register and otherwise made available to the public.

(4) The Administrator shall, within 90 days after December 27, 1977, and from time to time thereafter, publish and revise as appropriate in-formation identifying conventional pollutants, including but not limited to, pollutants classi-fied as biological oxygen demanding, suspended solids, fecal coliform, and pH. The thermal com-ponent of any discharge shall not be identified as a conventional pollutant under this para-graph.

(5)(A) The Administrator, to the extent prac-ticable before consideration of any request under section 1311(g) of this title and within six months after December 27, 1977, shall develop and publish information on the factors nec-essary for the protection of public water sup-plies, and the protection and propagation of a balanced population of shellfish, fish and wild-life, and to allow recreational activities, in and on the water.

(B) The Administrator, to the extent prac-ticable before consideration of any application under section 1311(h) of this title and within six months after December 27, 1977, shall develop and publish information on the factors nec-essary for the protection of public water sup-plies, and the protection and propagation of a balanced indigenous population of shellfish, fish and wildlife, and to allow recreational activi-ties, in and on the water.

(6) The Administrator shall, within three months after December 27, 1977, and annually thereafter, for purposes of section 1311(h) of this title publish and revise as appropriate informa-tion identifying each water quality standard in effect under this chapter or State law, the spe-cific pollutants associated with such water qual-ity standard, and the particular waters to which such water quality standard applies.

(7) GUIDANCE TO STATES.—The Administrator, after consultation with appropriate State agen-cies and on the basis of criteria and information published under paragraphs (1) and (2) of this subsection, shall develop and publish, within 9 months after February 4, 1987, guidance to the States on performing the identification required by subsection (l)(1) of this section.

(8) INFORMATION ON WATER QUALITY CRITERIA.— The Administrator, after consultation with ap-

propriate State agencies and within 2 years after February 4, 1987, shall develop and publish information on methods for establishing and measuring water quality criteria for toxic pol-lutants on other bases than pollutant-by-pollut-ant criteria, including biological monitoring and assessment methods.

(9) REVISED CRITERIA FOR COASTAL RECREATION WATERS.—

(A) IN GENERAL.—Not later than 5 years after October 10, 2000, after consultation and in co-operation with appropriate Federal, State, tribal, and local officials (including local health officials), the Administrator shall pub-lish new or revised water quality criteria for pathogens and pathogen indicators (including a revised list of testing methods, as appro-priate), based on the results of the studies con-ducted under section 1254(v) of this title, for the purpose of protecting human health in coastal recreation waters.

(B) REVIEWS.—Not later than the date that is 5 years after the date of publication of water quality criteria under this paragraph, and at least once every 5 years thereafter, the Administrator shall review and, as necessary, revise the water quality criteria.

(b) Effluent limitation guidelines

For the purpose of adopting or revising efflu-ent limitations under this chapter the Adminis-trator shall, after consultation with appropriate Federal and State agencies and other interested persons, publish within one year of October 18, 1972, regulations, providing guidelines for efflu-ent limitations, and, at least annually there-after, revise, if appropriate, such regulations. Such regulations shall—

(1)(A) identify, in terms of amounts of con-stituents and chemical, physical, and biologi-cal characteristics of pollutants, the degree of effluent reduction attainable through the ap-plication of the best practicable control tech-nology currently available for classes and cat-egories of point sources (other than publicly owned treatment works); and

(B) specify factors to be taken into account in determining the control measures and prac-tices to be applicable to point sources (other than publicly owned treatment works) within such categories or classes. Factors relating to the assessment of best practicable control technology currently available to comply with subsection (b)(1) of section 1311 of this title shall include consideration of the total cost of application of technology in relation to the ef-fluent reduction benefits to be achieved from such application, and shall also take into ac-count the age of equipment and facilities in-volved, the process employed, the engineering aspects of the application of various types of control techniques, process changes, non- water quality environmental impact (includ-ing energy requirements), and such other fac-tors as the Administrator deems appropriate;

(2)(A) identify, in terms of amounts of con-stituents and chemical, physical, and biologi-cal characteristics of pollutants, the degree of effluent reduction attainable through the ap-plication of the best control measures and practices achievable including treatment tech-


niques, process and procedure innovations, op-erating methods, and other alternatives for classes and categories of point sources (other than publicly owned treatment works); and

(B) specify factors to be taken into account in determining the best measures and prac-tices available to comply with subsection (b)(2) of section 1311 of this title to be applica-ble to any point source (other than publicly owned treatment works) within such cat-egories or classes. Factors relating to the as-sessment of best available technology shall take into account the age of equipment and fa-cilities involved, the process employed, the en-gineering aspects of the application of various types of control techniques, process changes, the cost of achieving such effluent reduction, non-water quality environmental impact (in-cluding energy requirements), and such other factors as the Administrator deems appro-priate;

(3) identify control measures and practices available to eliminate the discharge of pollut-ants from categories and classes of point sources, taking into account the cost of achieving such elimination of the discharge of pollutants; and

(4)(A) identify, in terms of amounts of con-stituents and chemical, physical, and biologi-cal characteristics of pollutants, the degree of effluent reduction attainable through the ap-plication of the best conventional pollutant control technology (including measures and practices) for classes and categories of point sources (other than publicly owned treatment works); and

(B) specify factors to be taken into account in determining the best conventional pollut-ant control technology measures and practices to comply with section 1311(b)(2)(E) of this title to be applicable to any point source (other than publicly owned treatment works) within such categories or classes. Factors re-lating to the assessment of best conventional pollutant control technology (including meas-ures and practices) shall include consideration of the reasonableness of the relationship be-tween the costs of attaining a reduction in ef-fluents and the effluent reduction benefits de-rived, and the comparison of the cost and level of reduction of such pollutants from the dis-charge from publicly owned treatment works to the cost and level of reduction of such pol-lutants from a class or category of industrial sources, and shall take into account the age of equipment and facilities involved, the process employed, the engineering aspects of the ap-plication of various types of control tech-niques, process changes, non-water quality en-vironmental impact (including energy require-ments), and such other factors as the Adminis-trator deems appropriate.

(c) Pollution discharge elimination procedures

The Administrator, after consultation, with appropriate Federal and State agencies and other interested persons, shall issue to the States and appropriate water pollution control agencies within 270 days after October 18, 1972 (and from time to time thereafter) information on the processes, procedures, or operating meth-

ods which result in the elimination or reduction of the discharge of pollutants to implement standards of performance under section 1316 of this title. Such information shall include tech-nical and other data, including costs, as are available on alternative methods of elimination or reduction of the discharge of pollutants. Such information, and revisions thereof, shall be pub-lished in the Federal Register and otherwise shall be made available to the public.

(d) Secondary treatment information; alternative waste treatment management techniques; in-novative and alternative wastewater treat-ment processes; facilities deemed equivalent of secondary treatment

(1) The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall publish within sixty days after October 18, 1972 (and from time to time thereafter) information, in terms of amounts of constituents and chemical, physical, and biological characteristics of pollutants, on the degree of effluent reduction attainable through the application of secondary treatment.

(2) The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall publish within nine months after October 18, 1972 (and from time to time thereafter) information on alter-native waste treatment management techniques and systems available to implement section 1281 of this title.

(3) The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall promulgate with-in one hundred and eighty days after December 27, 1977, guidelines for identifying and evaluat-ing innovative and alternative wastewater treatment processes and techniques referred to in section 1281(g)(5) of this title.

(4) For the purposes of this subsection, such biological treatment facilities as oxidation ponds, lagoons, and ditches and trickling filters shall be deemed the equivalent of secondary treatment. The Administrator shall provide guidance under paragraph (1) of this subsection on design criteria for such facilities, taking into account pollutant removal efficiencies and, con-sistent with the objectives of this chapter, as-suring that water quality will not be adversely affected by deeming such facilities as the equiv-alent of secondary treatment.

(e) Best management practices for industry

The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, may publish regula-tions, supplemental to any effluent limitations specified under subsections (b) and (c) of this section for a class or category of point sources, for any specific pollutant which the Adminis-trator is charged with a duty to regulate as a toxic or hazardous pollutant under section 1317(a)(1) or 1321 of this title, to control plant site runoff, spillage or leaks, sludge or waste disposal, and drainage from raw material stor-age which the Administrator determines are as-sociated with or ancillary to the industrial man-ufacturing or treatment process within such class or category of point sources and may con-tribute significant amounts of such pollutants


to navigable waters. Any applicable controls es-tablished under this subsection shall be included as a requirement for the purposes of section 1311, 1312, 1316, 1317, or 1343 of this title, as the case may be, in any permit issued to a point source pursuant to section 1342 of this title.

(f) Identification and evaluation of nonpoint sources of pollution; processes, procedures, and methods to control pollution

The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall issue to appro-priate Federal agencies, the States, water pollu-tion control agencies, and agencies designated under section 1288 of this title, within one year after October 18, 1972 (and from time to time thereafter) information including (1) guidelines for identifying and evaluating the nature and extent of nonpoint sources of pollutants, and (2) processes, procedures, and methods to control pollution resulting from—

(A) agricultural and silvicultural activities, including runoff from fields and crop and for-est lands;

(B) mining activities, including runoff and siltation from new, currently operating, and abandoned surface and underground mines;

(C) all construction activity, including run-off from the facilities resulting from such con-struction;

(D) the disposal of pollutants in wells or in subsurface excavations;

(E) salt water intrusion resulting from re-ductions of fresh water flow from any cause, including extraction of ground water, irriga-tion, obstruction, and diversion; and

(F) changes in the movement, flow, or cir-culation of any navigable waters or ground waters, including changes caused by the con-struction of dams, levees, channels, cause-ways, or flow diversion facilities.

Such information and revisions thereof shall be published in the Federal Register and otherwise made available to the public.

(g) Guidelines for pretreatment of pollutants

(1) For the purpose of assisting States in car-rying out programs under section 1342 of this title, the Administrator shall publish, within one hundred and twenty days after October 18, 1972, and review at least annually thereafter and, if appropriate, revise guidelines for pre-treatment of pollutants which he determines are not susceptible to treatment by publicly owned treatment works. Guidelines under this sub-section shall be established to control and pre-vent the discharge into the navigable waters, the contiguous zone, or the ocean (either di-rectly or through publicly owned treatment works) of any pollutant which interferes with, passes through, or otherwise is incompatible with such works.

(2) When publishing guidelines under this sub-section, the Administrator shall designate the category or categories of treatment works to which the guidelines shall apply.

(h) Test procedures guidelines

The Administrator shall, within one hundred and eighty days from October 18, 1972, promul-gate guidelines establishing test procedures for

the analysis of pollutants that shall include the factors which must be provided in any certifi-cation pursuant to section 1341 of this title or permit application pursuant to section 1342 of this title.

(i) Guidelines for monitoring, reporting, enforce-ment, funding, personnel, and manpower

The Administrator shall (1) within sixty days after October 18, 1972, promulgate guidelines for the purpose of establishing uniform application forms and other minimum requirements for the acquisition of information from owners and op-erators of point-sources of discharge subject to any State program under section 1342 of this title, and (2) within sixty days from October 18, 1972, promulgate guidelines establishing the minimum procedural and other elements of any State program under section 1342 of this title, which shall include:

(A) monitoring requirements; (B) reporting requirements (including proce-

dures to make information available to the public);

(C) enforcement provisions; and (D) funding, personnel qualifications, and

manpower requirements (including a require-ment that no board or body which approves permit applications or portions thereof shall include, as a member, any person who re-ceives, or has during the previous two years received, a significant portion of his income directly or indirectly from permit holders or applicants for a permit).

(j) Lake restoration guidance manual

The Administrator shall, within 1 year after February 4, 1987, and biennially thereafter, pub-lish and disseminate a lake restoration guidance manual describing methods, procedures, and processes to guide State and local efforts to im-prove, restore, and enhance water quality in the Nation’s publicly owned lakes.

(k) Agreements with Secretaries of Agriculture, Army, and the Interior to provide maximum utilization of programs to achieve and main-tain water quality; transfer of funds; author-ization of appropriations

(1) The Administrator shall enter into agree-ments with the Secretary of Agriculture, the Secretary of the Army, and the Secretary of the Interior, and the heads of such other depart-ments, agencies, and instrumentalities of the United States as the Administrator determines, to provide for the maximum utilization of other Federal laws and programs for the purpose of achieving and maintaining water quality through appropriate implementation of plans approved under section 1288 of this title and nonpoint source pollution management pro-grams approved under section 1329 of this title.

(2) The Administrator is authorized to transfer to the Secretary of Agriculture, the Secretary of the Army, and the Secretary of the Interior and the heads of such other departments, agencies, and instrumentalities of the United States as the Administrator determines, any funds appro-priated under paragraph (3) of this subsection to supplement funds otherwise appropriated to pro-grams authorized pursuant to any agreement under paragraph (1).


(3) There is authorized to be appropriated to carry out the provisions of this subsection, $100,000,000 per fiscal year for the fiscal years 1979 through 1983 and such sums as may be nec-essary for fiscal years 1984 through 1990.

(l) Individual control strategies for toxic pollut-ants

(1) State list of navigable waters and develop-ment of strategies

Not later than 2 years after February 4, 1987, each State shall submit to the Administrator for review, approval, and implementation under this subsection—

(A) a list of those waters within the State which after the application of effluent limi-tations required under section 1311(b)(2) of this title cannot reasonably be anticipated to attain or maintain (i) water quality standards for such waters reviewed, revised, or adopted in accordance with section 1313(c)(2)(B) of this title, due to toxic pollut-ants, or (ii) that water quality which shall assure protection of public health, public water supplies, agricultural and industrial uses, and the protection and propagation of a balanced population of shellfish, fish and wildlife, and allow recreational activities in and on the water;

(B) a list of all navigable waters in such State for which the State does not expect the applicable standard under section 1313 of this title will be achieved after the require-ments of sections 1311(b), 1316, and 1317(b) of this title are met, due entirely or substan-tially to discharges from point sources of any toxic pollutants listed pursuant to sec-tion 1317(a) of this title;

(C) for each segment of the navigable wa-ters included on such lists, a determination of the specific point sources discharging any such toxic pollutant which is believed to be preventing or impairing such water quality and the amount of each such toxic pollutant discharged by each such source; and

(D) for each such segment, an individual control strategy which the State determines will produce a reduction in the discharge of toxic pollutants from point sources identi-fied by the State under this paragraph through the establishment of effluent limi-tations under section 1342 of this title and water quality standards under section 1313(c)(2)(B) of this title, which reduction is sufficient, in combination with existing con-trols on point and nonpoint sources of pollu-tion, to achieve the applicable water quality standard as soon as possible, but not later than 3 years after the date of the establish-ment of such strategy.

(2) Approval or disapproval

Not later than 120 days after the last day of the 2-year period referred to in paragraph (1), the Administrator shall approve or disapprove the control strategies submitted under para-graph (1) by any State.

(3) Administrator’s action

If a State fails to submit control strategies in accordance with paragraph (1) or the Ad-ministrator does not approve the control

strategies submitted by such State in accord-ance with paragraph (1), then, not later than 1 year after the last day of the period referred to in paragraph (2), the Administrator, in co-operation with such State and after notice and opportunity for public comment, shall imple-ment the requirements of paragraph (1) in such State. In the implementation of such re-quirements, the Administrator shall, at a min-imum, consider for listing under this sub-section any navigable waters for which any person submits a petition to the Adminis-trator for listing not later than 120 days after such last day.

(m) Schedule for review of guidelines

(1) Publication

Within 12 months after February 4, 1987, and biennially thereafter, the Administrator shall publish in the Federal Register a plan which shall—

(A) establish a schedule for the annual re-view and revision of promulgated effluent guidelines, in accordance with subsection (b) of this section;

(B) identify categories of sources discharg-ing toxic or nonconventional pollutants for which guidelines under subsection (b)(2) of this section and section 1316 of this title have not previously been published; and

(C) establish a schedule for promulgation of effluent guidelines for categories identi-fied in subparagraph (B), under which pro-mulgation of such guidelines shall be no later than 4 years after February 4, 1987, for categories identified in the first published plan or 3 years after the publication of the plan for categories identified in later pub-lished plans.

(2) Public review

The Administrator shall provide for public review and comment on the plan prior to final publication.

(June 30, 1948, ch. 758, title III, § 304, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 850; amended Pub. L. 95–217, §§ 48–51, 62(b), Dec. 27, 1977, 91 Stat. 1587, 1588, 1598; Pub. L. 97–117, § 23, Dec. 29, 1981, 95 Stat. 1632; Pub. L. 100–4, title I, § 101(f), title III, §§ 308(a), (c), (f), 315(c), 316(e), Feb. 4, 1987, 101 Stat. 9, 38–40, 52, 61; Pub. L. 106–284, § 3(b), Oct. 10, 2000, 114 Stat. 871.)

CODIFICATION

Pub. L. 95–217, § 50, Dec. 27, 1977, 91 Stat. 1588, provided in part that, upon the enactment of subsec. (e) of this section by Pub. L. 95–217 and the concurrent redesigna-tion of former subsecs. (e) to (j) of this section as (f) to (k), respectively, all references to former subsecs. (e) to (j) be changed to (f) to (k), respectively.

AMENDMENTS

2000—Subsec. (a)(9). Pub. L. 106–284 added par. (9). 1987—Subsec. (a)(7), (8). Pub. L. 100–4, § 308(c), added

pars. (7) and (8). Subsec. (j). Pub. L. 100–4, § 315(c), amended subsec. (j)

generally. Prior to amendment, subsec. (j) read as fol-lows: ‘‘The Administrator shall issue information bien-nially on methods, procedures, and processes as may be appropriate to restore and enhance the quality of the Nation’s publicly owned freshwater lakes.’’

Subsec. (k)(1). Pub. L. 100–4, § 316(e), inserted ‘‘and nonpoint source pollution management programs ap-


proved under section 1329 of this title’’ before period at end.

Subsec. (k)(3). Pub. L. 100–4, § 101(f), inserted ‘‘and such sums as may be necessary for fiscal years 1984 through 1990’’ after ‘‘1983’’.

Subsec. (l). Pub. L. 100–4, § 308(a), added subsec. (l). Subsec. (m). Pub. L. 100–4, § 308(f), added subsec. (m). 1981—Subsec. (d)(4). Pub. L. 97–117 added par. (4). 1977—Subsec. (a)(4) to (6). Pub. L. 95–217, § 48(a), added

pars. (4) to (6). Subsec. (b)(4). Pub. L. 95–217, § 48(b), added par. (4). Subsec. (d)(3). Pub. L. 95–217, § 49, added par. (3). Subsecs. (e) to (i). Pub. L. 95–217, § 50, added subsec.

(e) and redesignated former subsecs. (e) to (h) as (f) to (i), respectively. Former subsec. (i) redesignated (j).

Subsec. (j). Pub. L. 95–217, §§ 50, 62(b), redesignated former subsec. (i) as (j) and substituted ‘‘shall issue in-formation biennially on methods’’ for ‘‘shall, within 270 days after October 18, 1972 (and from time to time thereafter), issue such information on methods’’. Former subsec. (j) redesignated (k).

Subsec. (k). Pub. L. 95–217, §§ 50, 51, redesignated former subsec. (j) as (k), substituted ‘‘The Adminis-trator shall enter into agreements with the Secretary of Agriculture, the Secretary of the Army, and the Sec-retary of the Interior, and the heads of such other de-partments, agencies, and instrumentalities of the United States as the Administrator determines, to pro-vide the maximum utilization of other Federal laws and programs’’ for ‘‘The Administrator shall, within six months from October 18, 1972, enter into agreements with the Secretary of Agriculture, the Secretary of the Army, and the Secretary of the Interior to provide for the maximum utilization of the appropriate programs authorized under other Federal law to be carried out by such Secretaries’’ in par. (1), made conforming amend-ments in par. (2), and in par. (3) authorized appropria-tions for fiscal years 1979 through 1983.


Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Depart-ment, relating to compliance with this chapter with re-spect to pre-construction, construction, and initial op-eration of transportation system for Canadian and Alaskan natural gas were transferred to the Federal In-spector, Office of Federal Inspector for the Alaska Nat-ural Gas Transportation System, until the first anni-versary of the date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au-thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Func-tions and authority vested in Secretary of Energy sub-sequently transferred to Federal Coordinator for Alas-ka Natural Gas Transportation Projects by section 720d(f) of Title 15.

REVIEW OF EFFLUENT GUIDELINES PROMULGATED PRIOR TO DECEMBER 27, 1977

Pub. L. 95–217, § 73, Dec. 27, 1977, 91 Stat. 1609, directed Administrator, within 90 days after Dec. 27, 1977, to re-view every effluent guideline promulgated prior to that date which was final or interim final (other than those applicable to industrial categories listed in table 2 of Committee Print Numbered 95–30 of Committee on Pub-lic Works and Transportation of House of Representa-tives) and which applied to those pollutants identified pursuant to 33 U.S.C. 1314(a)(4) and, on or before July 1, 1980, to review every guideline applicable to industrial categories listed in such table 2, authorized Adminis-trator, upon completion of each such review to make

such adjustments in any such guidelines as may be nec-essary to carry out 33 U.S.C. 1314(b)(4), directed Admin-istrator to publish the results of each such review, and provided for judicial review of Administrator’s actions.



§ 1315. State reports on water quality

(a) Omitted (b)(1) Each State shall prepare and submit to

the Administrator by April 1, 1975, and shall bring up to date by April 1, 1976, and biennially thereafter, a report which shall include—

(A) a description of the water quality of all navigable waters in such State during the pre-ceding year, with appropriate supplemental descriptions as shall be required to take into account seasonal, tidal, and other variations, correlated with the quality of water required by the objective of this chapter (as identified by the Administrator pursuant to criteria pub-lished under section 1314(a) of this title) and the water quality described in subparagraph (B) of this paragraph;

(B) an analysis of the extent to which all navigable waters of such State provide for the protection and propagation of a balanced pop-ulation of shellfish, fish, and wildlife, and allow recreational activities in and on the water;

(C) an analysis of the extent to which the elimination of the discharge of pollutants and a level of water quality which provides for the protection and propagation of a balanced pop-ulation of shellfish, fish, and wildlife and al-lows recreational activities in and on the water, have been or will be achieved by the re-quirements of this chapter, together with rec-ommendations as to additional action nec-essary to achieve such objectives and for what waters such additional action is necessary;

(D) an estimate of (i) the environmental im-pact, (ii) the economic and social costs nec-essary to achieve the objective of this chapter in such State, (iii) the economic and social benefits of such achievement, and (iv) an esti-mate of the date of such achievement; and

(E) a description of the nature and extent of nonpoint sources of pollutants, and recom-mendations as to the programs which must be undertaken to control each category of such sources, including an estimate of the costs of implementing such programs.

(2) The Administrator shall transmit such State reports, together with an analysis thereof, to Congress on or before October 1, 1975, and Oc-tober 1, 1976, and biennially thereafter.

(June 30, 1948, ch. 758, title III, § 305, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 853; amended Pub. L. 95–217, § 52, Dec. 27, 1977, 91 Stat. 1589.)

CODIFICATION

Subsec. (a) authorized the Administrator, in coopera-tion with the States and Federal agencies, to prepare a report describing the specific quality, during 1973, of all navigable waters and waters of the contiguous zone, in-cluding an inventory of all point sources of discharge of


pollutants into these waters, and identifying those nav-igable waters capable of supporting fish and wildlife populations and allowing recreational activities, those which could reasonably be expected to attain this level by 1977 or 1983, and those which could attain this level sooner, and submit this report to Congress on or before Jan. 1, 1974.

AMENDMENTS

1977—Subsec. (b)(1). Pub. L. 95–217, § 52(1), substituted ‘‘April 1, 1975, and shall bring up to date by April 1, 1976, and biennially thereafter’’ for ‘‘January 1, 1975, and shall bring up to date each year thereafter’’ in pro-visions preceding subpar. (A).

Subsec. (b)(2). Pub. L. 95–217, § 52(2), substituted ‘‘on or before October 1, 1975, and October 1, 1976, and bien-nially thereafter’’ for ‘‘on or before October 1, 1975, and annually thereafter’’.

§ 1316. National standards of performance

(a) Definitions

For purposes of this section: (1) The term ‘‘standard of performance’’ means

a standard for the control of the discharge of pollutants which reflects the greatest degree of effluent reduction which the Administrator de-termines to be achievable through application of the best available demonstrated control tech-nology, processes, operating methods, or other alternatives, including, where practicable, a standard permitting no discharge of pollutants.

(2) The term ‘‘new source’’ means any source, the construction of which is commenced after the publication of proposed regulations prescrib-ing a standard of performance under this section which will be applicable to such source, if such standard is thereafter promulgated in accord-ance with this section.

(3) The term ‘‘source’’ means any building, structure, facility, or installation from which there is or may be the discharge of pollutants.

(4) The term ‘‘owner or operator’’ means any person who owns, leases, operates, controls, or supervises a source.

(5) The term ‘‘construction’’ means any place-ment, assembly, or installation of facilities or equipment (including contractual obligations to purchase such facilities or equipment) at the premises where such equipment will be used, in-cluding preparation work at such premises.

(b) Categories of sources; Federal standards of performance for new sources

(1)(A) The Administrator shall, within ninety days after October 18, 1972, publish (and from time to time thereafter shall revise) a list of categories of sources, which shall, at the mini-mum, include:

pulp and paper mills; paperboard, builders paper and board mills; meat product and rendering processing; dairy product processing; grain mills; canned and preserved fruits and vegetables

processing; canned and preserved seafood processing; sugar processing; textile mills; cement manufacturing; feedlots; electroplating; organic chemicals manufacturing;

inorganic chemicals manufacturing; plastic and synthetic materials manufactur-

ing; soap and detergent manufacturing; fertilizer manufacturing; petroleum refining; iron and steel manufacturing; nonferrous metals manufacturing; phosphate manufacturing; steam electric powerplants; ferroalloy manufacturing; leather tanning and finishing; glass and asbestos manufacturing; rubber processing; and timber products processing.

(B) As soon as practicable, but in no case more than one year, after a category of sources is in-cluded in a list under subparagraph (A) of this paragraph, the Administrator shall propose and publish regulations establishing Federal stand-ards of performance for new sources within such category. The Administrator shall afford inter-ested persons an opportunity for written com-ment on such proposed regulations. After con-sidering such comments, he shall promulgate, within one hundred and twenty days after publi-cation of such proposed regulations, such stand-ards with such adjustments as he deems appro-priate. The Administrator shall, from time to time, as technology and alternatives change, re-vise such standards following the procedure re-quired by this subsection for promulgation of such standards. Standards of performance, or re-visions thereof, shall become effective upon pro-mulgation. In establishing or revising Federal standards of performance for new sources under this section, the Administrator shall take into consideration the cost of achieving such effluent reduction, and any non-water quality, environ-mental impact and energy requirements.

(2) The Administrator may distinguish among classes, types, and sizes within categories of new sources for the purpose of establishing such standards and shall consider the type of process employed (including whether batch or continu-ous).

(3) The provisions of this section shall apply to any new source owned or operated by the United States.

(c) State enforcement of standards of perform-ance

Each State may develop and submit to the Ad-ministrator a procedure under State law for ap-plying and enforcing standards of performance for new sources located in such State. If the Ad-ministrator finds that the procedure and the law of any State require the application and enforce-ment of standards of performance to at least the same extent as required by this section, such State is authorized to apply and enforce such standards of performance (except with respect to new sources owned or operated by the United States).

(d) Protection from more stringent standards

Notwithstanding any other provision of this chapter, any point source the construction of which is commenced after October 18, 1972, and which is so constructed as to meet all applicable standards of performance shall not be subject to


any more stringent standard of performance during a ten-year period beginning on the date of completion of such construction or during the period of depreciation or amortization of such facility for the purposes of section 167 or 169 (or both) of title 26 whichever period ends first.

(e) Illegality of operation of new sources in viola-tion of applicable standards of performance

After the effective date of standards of per-formance promulgated under this section, it shall be unlawful for any owner or operator of any new source to operate such source in viola-tion of any standard of performance applicable to such source.

(June 30, 1948, ch. 758, title III, § 306, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 854.)

DISCHARGES FROM POINT SOURCES IN UNITED STATES VIRGIN ISLANDS ATTRIBUTABLE TO MANUFACTURE OF RUM; EXEMPTION; CONDITIONS

Discharges from point sources in the United States Virgin Islands in existence on Aug. 5, 1983, attributable to the manufacture of rum not to be subject to the re-quirements of this section under certain conditions, see section 214(g) of Pub. L. 98–67, set out as a note under section 1311 of this title.

§ 1317. Toxic and pretreatment effluent stand-ards

(a) Toxic pollutant list; revision; hearing; pro-mulgation of standards; effective date; con-sultation

(1) On and after December 27, 1977, the list of toxic pollutants or combination of pollutants subject to this chapter shall consist of those toxic pollutants listed in table 1 of Committee Print Numbered 95–30 of the Committee on Pub-lic Works and Transportation of the House of Representatives, and the Administrator shall publish, not later than the thirtieth day after December 27, 1977, that list. From time to time thereafter, the Administrator may revise such list and the Administrator is authorized to add to or remove from such list any pollutant. The Administrator in publishing any revised list, in-cluding the addition or removal of any pollutant from such list, shall take into account toxicity of the pollutant, its persistence, degradability, the usual or potential presence of the affected organisms in any waters, the importance of the affected organisms, and the nature and extent of the effect of the toxic pollutant on such orga-nisms. A determination of the Administrator under this paragraph shall be final except that if, on judicial review, such determination was based on arbitrary and capricious action of the Administrator, the Administrator shall make a redetermination.

(2) Each toxic pollutant listed in accordance with paragraph (1) of this subsection shall be subject to effluent limitations resulting from the application of the best available technology economically achievable for the applicable cat-egory or class of point sources established in ac-cordance with sections 1311(b)(2)(A) and 1314(b)(2) of this title. The Administrator, in his discretion, may publish in the Federal Register a proposed effluent standard (which may include a prohibition) establishing requirements for a toxic pollutant which, if an effluent limitation

is applicable to a class or category of point sources, shall be applicable to such category or class only if such standard imposes more strin-gent requirements. Such published effluent standard (or prohibition) shall take into account the toxicity of the pollutant, its persistence, de-gradability, the usual or potential presence of the affected organisms in any waters, the impor-tance of the affected organisms and the nature and extent of the effect of the toxic pollutant on such organisms, and the extent to which effec-tive control is being or may be achieved under other regulatory authority. The Administrator shall allow a period of not less than sixty days following publication of any such proposed efflu-ent standard (or prohibition) for written com-ment by interested persons on such proposed standard. In addition, if within thirty days of publication of any such proposed effluent stand-ard (or prohibition) any interested person so re-quests, the Administrator shall hold a public hearing in connection therewith. Such a public hearing shall provide an opportunity for oral and written presentations, such cross-examina-tion as the Administrator determines is appro-priate on disputed issues of material fact, and the transcription of a verbatim record which shall be available to the public. After consider-ation of such comments and any information and material presented at any public hearing held on such proposed standard or prohibition, the Administrator shall promulgate such stand-ard (or prohibition) with such modification as the Administrator finds are justified. Such pro-mulgation by the Administrator shall be made within two hundred and seventy days after pub-lication of proposed standard (or prohibition). Such standard (or prohibition) shall be final ex-cept that if, on judicial review, such standard was not based on substantial evidence, the Ad-ministrator shall promulgate a revised standard. Effluent limitations shall be established in ac-cordance with sections 1311(b)(2)(A) and 1314(b)(2) of this title for every toxic pollutant referred to in table 1 of Committee Print Num-bered 95–30 of the Committee on Public Works and Transportation of the House of Representa-tives as soon as practicable after December 27, 1977, but no later than July 1, 1980. Such effluent limitations or effluent standards (or prohibi-tions) shall be established for every other toxic pollutant listed under paragraph (1) of this sub-section as soon as practicable after it is so list-ed.

(3) Each such effluent standard (or prohibi-tion) shall be reviewed and, if appropriate, re-vised at least every three years.

(4) Any effluent standard promulgated under this section shall be at that level which the Ad-ministrator determines provides an ample mar-gin of safety.

(5) When proposing or promulgating any efflu-ent standard (or prohibition) under this section, the Administrator shall designate the category or categories of sources to which the effluent standard (or prohibition) shall apply. Any dis-posal of dredged material may be included in such a category of sources after consultation with the Secretary of the Army.

(6) Any effluent standard (or prohibition) es-tablished pursuant to this section shall take ef-


fect on such date or dates as specified in the order promulgating such standard, but in no case, more than one year from the date of such promulgation. If the Administrator determines that compliance within one year from the date of promulgation is technologically infeasible for a category of sources, the Administrator may establish the effective date of the effluent stand-ard (or prohibition) for such category at the ear-liest date upon which compliance can be feasibly attained by sources within such category, but in no event more than three years after the date of such promulgation.

(7) Prior to publishing any regulations pursu-ant to this section the Administrator shall, to the maximum extent practicable within the time provided, consult with appropriate advi-sory committees, States, independent experts, and Federal departments and agencies.

(b) Pretreatment standards; hearing; promulga-tion; compliance period; revision; application to State and local laws

(1) The Administrator shall, within one hun-dred and eighty days after October 18, 1972, and from time to time thereafter, publish proposed regulations establishing pretreatment standards for introduction of pollutants into treatment works (as defined in section 1292 of this title) which are publicly owned for those pollutants which are determined not to be susceptible to treatment by such treatment works or which would interfere with the operation of such treat-ment works. Not later than ninety days after such publication, and after opportunity for pub-lic hearing, the Administrator shall promulgate such pretreatment standards. Pretreatment standards under this subsection shall specify a time for compliance not to exceed three years from the date of promulgation and shall be es-tablished to prevent the discharge of any pollut-ant through treatment works (as defined in sec-tion 1292 of this title) which are publicly owned, which pollutant interferes with, passes through, or otherwise is incompatible with such works. If, in the case of any toxic pollutant under sub-section (a) of this section introduced by a source into a publicly owned treatment works, the treatment by such works removes all or any part of such toxic pollutant and the discharge from such works does not violate that effluent limitation or standard which would be applica-ble to such toxic pollutant if it were discharged by such source other than through a publicly owned treatment works, and does not prevent sludge use or disposal by such works in accord-ance with section 1345 of this title, then the pre-treatment requirements for the sources actually discharging such toxic pollutant into such pub-licly owned treatment works may be revised by the owner or operator of such works to reflect the removal of such toxic pollutant by such works.

(2) The Administrator shall, from time to time, as control technology, processes, operat-ing methods, or other alternatives change, re-vise such standards following the procedure es-tablished by this subsection for promulgation of such standards.

(3) When proposing or promulgating any pre-treatment standard under this section, the Ad-

ministrator shall designate the category or cat-egories of sources to which such standard shall apply.

(4) Nothing in this subsection shall affect any pretreatment requirement established by any State or local law not in conflict with any pre-treatment standard established under this sub-section.

(c) New sources of pollutants into publicly owned treatment works

In order to insure that any source introducing pollutants into a publicly owned treatment works, which source would be a new source sub-ject to section 1316 of this title if it were to dis-charge pollutants, will not cause a violation of the effluent limitations established for any such treatment works, the Administrator shall pro-mulgate pretreatment standards for the cat-egory of such sources simultaneously with the promulgation of standards of performance under section 1316 of this title for the equivalent cat-egory of new sources. Such pretreatment stand-ards shall prevent the discharge of any pollutant into such treatment works, which pollutant may interfere with, pass through, or otherwise be in-compatible with such works.

(d) Operation in violation of standards unlawful

After the effective date of any effluent stand-ard or prohibition or pretreatment standard pro-mulgated under this section, it shall be unlawful for any owner or operator of any source to oper-ate any source in violation of any such effluent standard or prohibition or pretreatment stand-ard.

(e) Compliance date extension for innovative pretreatment systems

In the case of any existing facility that pro-poses to comply with the pretreatment stand-ards of subsection (b) of this section by applying an innovative system that meets the require-ments of section 1311(k) of this title, the owner or operator of the publicly owned treatment works receiving the treated effluent from such facility may extend the date for compliance with the applicable pretreatment standard es-tablished under this section for a period not to exceed 2 years—

(1) if the Administrator determines that the innovative system has the potential for indus-trywide application, and

(2) if the Administrator (or the State in con-sultation with the Administrator, in any case in which the State has a pretreatment pro-gram approved by the Administrator)—

(A) determines that the proposed exten-sion will not cause the publicly owned treat-ment works to be in violation of its permit under section 1342 of this title or of section 1345 of this title or to contribute to such a violation, and

(B) concurs with the proposed extension.

(June 30, 1948, ch. 758, title III, § 307, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 856; amended Pub. L. 95–217, §§ 53(a), (b), 54(a), Dec. 27, 1977, 91 Stat. 1589–1591; Pub. L. 100–4, title III, § 309(a), Feb. 4, 1987, 101 Stat. 41.)

AMENDMENTS

1987—Subsec. (e). Pub. L. 100–4 added subsec. (e).


1977—Subsec. (a)(1). Pub. L. 95–217, § 53(a), substituted ‘‘On and after December 27, 1977, the list of toxic pollut-ants or combination of pollutants subject to this chap-ter shall consist of those toxic pollutants listed in table 1 of Committee Print Numbered 95–30 of the Committee on Public Works and Transportation of the House of Representatives, and the Administrator shall publish, not later than the thirtieth day after December 27, 1977, that list’’ for ‘‘The Administrator shall, within ninety days after October 18, 1972, publish (and from time to time thereafter revise) a list which includes any toxic pollutant or combination of such pollutants for which an effluent standard (which may include a prohibition of the discharge of such pollutants or combination of such pollutants) will be established under this section’’ and inserted provision for the revision of the list and for the finality of the Administrator’s determination except when that determination is arbitrary and capri-cious.

Subsec. (a)(2). Pub. L. 95–217, § 53(a), expanded provi-sions covering effluent limitations and the establish-ment of effluent standards (or prohibitions), introduced provisions relating to the application of the best avail-able technology economically achievable for the appli-cable category or class of point sources established in accordance with sections 1311(b)(2)(A) and 1314(b)(2) of this title, inserted provision that published effluent standards take into account the extent to which effec-tive control is being or may be achieved under other regulatory authority, inserted provision for a sixty day minimum period following publication of proposed ef-fluent standards for written comment, substituted two hundred and seventy days for six months as the period following publication of proposed standards during which period standards (or prohibitions) must be pro-mulgated, and inserted provision for the finality of ef-fluent limitations (or prohibitions) except if, on judi-cial review, the standard was not based on substantial evidence.

Subsec. (a)(3). Pub. L. 95–217, § 53(a), struck out provi-sion for the immediate promulgation of revised effluent standards (or prohibitions) for pollutants or combina-tions of pollutants if, after public hearings, the Admin-istrator found that a modification of such proposed standards (or prohibitions) was justified. See subsec. (a)(2) of this section.

Subsec. (a)(6). Pub. L. 95–217, § 53(b), inserted provi-sion that if the Administrator determines that compli-ance with effluent standards (or prohibitions) within one year from the date of promulgation is techno-logically infeasible for a category of sources, the Ad-ministrator may establish the effective date of the ef-fluent standard (or prohibition) for that category at the earliest date upon which compliance can be feasibly attained by sources within such category, but in no event more than three years after the date of such pro-mulgation.

Subsec. (b)(1). Pub. L. 95–217, § 54(a), inserted provi-sion that if, in the case of any toxic pollutant under subsection (a) of this section introduced by a source into a publicly owned treatment works, the treatment by the works removes all or any part of the toxic pol-lutant and the discharge from the works does not vio-late that effluent limitation or standard which would be applicable to the toxic pollutant if it were dis-charged by the source other than through a publicly owned treatment works, and does not prevent sludge use or disposal by the works in accordance with section 1345 of this title, then the pretreatment requirements for the sources actually discharging the toxic pollutant into the publicly owned treatment works may be re-vised by the owner or operator of the works to reflect the removal of the toxic pollutant by the works.

CHANGE OF NAME


INCREASE IN EPA EMPLOYEES

Pub. L. 100–4, title III, § 309(b), Feb. 4, 1987, 101 Stat. 41, provided that: ‘‘The Administrator shall take such actions as may be necessary to increase the number of employees of the Environmental Protection Agency in order to effectively implement pretreatment require-ments under section 307 of the Federal Water Pollution Control Act [33 U.S.C. 1317].’’

§ 1318. Records and reports; inspections

(a) Maintenance; monitoring equipment; entry; access to information

Whenever required to carry out the objective of this chapter, including but not limited to (1) developing or assisting in the development of any effluent limitation, or other limitation, pro-hibition, or effluent standard, pretreatment standard, or standard of performance under this chapter; (2) determining whether any person is in violation of any such effluent limitation, or other limitation, prohibition or effluent stand-ard, pretreatment standard, or standard of per-formance; (3) any requirement established under this section; or (4) carrying out sections 1315, 1321, 1342, 1344 (relating to State permit pro-grams), 1345, and 1364 of this title—

(A) the Administrator shall require the owner or operator of any point source to (i) es-tablish and maintain such records, (ii) make such reports, (iii) install, use, and maintain such monitoring equipment or methods (in-cluding where appropriate, biological monitor-ing methods), (iv) sample such effluents (in ac-cordance with such methods, at such loca-tions, at such intervals, and in such manner as the Administrator shall prescribe), and (v) provide such other information as he may rea-sonably require; and

(B) the Administrator or his authorized rep-resentative (including an authorized contrac-tor acting as a representative of the Adminis-trator), upon presentation of his credentials—

(i) shall have a right of entry to, upon, or through any premises in which an effluent source is located or in which any records re-quired to be maintained under clause (A) of this subsection are located, and

(ii) may at reasonable times have access to and copy any records, inspect any monitor-ing equipment or method required under clause (A), and sample any effluents which the owner or operator of such source is re-quired to sample under such clause.

(b) Availability to public; trade secrets excep-tion; penalty for disclosure of confidential in-formation

Any records, reports, or information obtained under this section (1) shall, in the case of efflu-ent data, be related to any applicable effluent limitations, toxic, pretreatment, or new source performance standards, and (2) shall be available to the public, except that upon a showing satis-factory to the Administrator by any person that records, reports, or information, or particular part thereof (other than effluent data), to which the Administrator has access under this section, if made public would divulge methods or proc-esses entitled to protection as trade secrets of such person, the Administrator shall consider such record, report, or information, or particu-


lar portion thereof confidential in accordance with the purposes of section 1905 of title 18. Any authorized representative of the Administrator (including an authorized contractor acting as a representative of the Administrator) who know-ingly or willfully publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information which is required to be considered confidential under this subsection shall be fined not more than $1,000 or imprisoned not more than 1 year, or both. Noth-ing in this subsection shall prohibit the Admin-istrator or an authorized representative of the Administrator (including any authorized con-tractor acting as a representative of the Admin-istrator) from disclosing records, reports, or in-formation to other officers, employees, or au-thorized representatives of the United States concerned with carrying out this chapter or when relevant in any proceeding under this chapter.

(c) Application of State law

Each State may develop and submit to the Ad-ministrator procedures under State law for in-spection, monitoring, and entry with respect to point sources located in such State. If the Ad-ministrator finds that the procedures and the law of any State relating to inspection, mon-itoring, and entry are applicable to at least the same extent as those required by this section, such State is authorized to apply and enforce its procedures for inspection, monitoring, and entry with respect to point sources located in such State (except with respect to point sources owned or operated by the United States).

(d) Access by Congress

Notwithstanding any limitation contained in this section or any other provision of law, all in-formation reported to or otherwise obtained by the Administrator (or any representative of the Administrator) under this chapter shall be made available, upon written request of any duly au-thorized committee of Congress, to such com-mittee.

(June 30, 1948, ch. 758, title III, § 308, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 858; amended Pub. L. 95–217, § 67(c)(1), Dec. 27, 1977, 91 Stat. 1606; Pub. L. 100–4, title III, § 310, title IV, § 406(d)(1), Feb. 4, 1987, 101 Stat. 41, 73.)

AMENDMENTS

1987—Subsec. (a). Pub. L. 100–4, § 406(d)(1), substituted ‘‘1345, and 1364’’ for ‘‘and 1364’’ in cl. (4).

Subsec. (a)(B). Pub. L. 100–4, § 310(a)(2), inserted ‘‘(in-cluding an authorized contractor acting as a represent-ative of the Administrator)’’ after ‘‘representative’’.

Subsec. (b). Pub. L. 100–4, § 310(a)(1), substituted a pe-riod and ‘‘Any authorized representative of the Admin-istrator (including an authorized contractor acting as a representative of the Administrator) who knowingly or willfully publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information which is required to be considered con-fidential under this subsection shall be fined not more than $1,000 or imprisoned not more than 1 year, or both. Nothing in this subsection shall prohibit the Adminis-trator or an authorized representative of the Adminis-trator (including any authorized contractor acting as a representative of the Administrator) from disclosing records, reports, or information to other officers, em-ployees, or authorized representatives of the United

States concerned with carrying out this chapter or when relevant in any proceeding under this chapter.’’ for ‘‘, except that such record, report, or information may be disclosed to other officers, employees, or au-thorized representatives of the United States concerned with carrying out this chapter or when relevant in any proceeding under this chapter.’’

Subsec. (d). Pub. L. 100–4, § 310(b), added subsec. (d). 1977—Subsec. (a)(4). Pub. L. 95–217 inserted ‘‘1344 (re-

lating to State permit programs),’’ after ‘‘sections 1315, 1321, 1342,’’ in provisions preceding subpar. (A).

§ 1319. Enforcement

(a) State enforcement; compliance orders

(1) Whenever, on the basis of any information available to him, the Administrator finds that any person is in violation of any condition or limitation which implements section 1311, 1312, 1316, 1317, 1318, 1328, or 1345 of this title in a per-mit issued by a State under an approved permit program under section 1342 or 1344 of this title he shall proceed under his authority in para-graph (3) of this subsection or he shall notify the person in alleged violation and such State of such finding. If beyond the thirtieth day after the Administrator’s notification the State has not commenced appropriate enforcement action, the Administrator shall issue an order requiring such person to comply with such condition or limitation or shall bring a civil action in accord-ance with subsection (b) of this section.

(2) Whenever, on the basis of information available to him, the Administrator finds that violations of permit conditions or limitations as set forth in paragraph (1) of this subsection are so widespread that such violations appear to re-sult from a failure of the State to enforce such permit conditions or limitations effectively, he shall so notify the State. If the Administrator finds such failure extends beyond the thirtieth day after such notice, he shall give public notice of such finding. During the period beginning with such public notice and ending when such State satisfies the Administrator that it will en-force such conditions and limitations (hereafter referred to in this section as the period of ‘‘fed-erally assumed enforcement’’), except where an extension has been granted under paragraph (5)(B) of this subsection, the Administrator shall enforce any permit condition or limitation with respect to any person—

(A) by issuing an order to comply with such condition or limitation, or

(B) by bringing a civil action under sub-section (b) of this section.

(3) Whenever on the basis of any information available to him the Administrator finds that any person is in violation of section 1311, 1312, 1316, 1317, 1318, 1328, or 1345 of this title, or is in violation of any permit condition or limitation implementing any of such sections in a permit issued under section 1342 of this title by him or by a State or in a permit issued under section 1344 of this title by a State, he shall issue an order requiring such person to comply with such section or requirement, or he shall bring a civil action in accordance with subsection (b) of this section.

(4) A copy of any order issued under this sub-section shall be sent immediately by the Admin-istrator to the State in which the violation oc-


curs and other affected States. In any case in which an order under this subsection (or notice to a violator under paragraph (1) of this sub-section) is issued to a corporation, a copy of such order (or notice) shall be served on any ap-propriate corporate officers. An order issued under this subsection relating to a violation of section 1318 of this title shall not take effect until the person to whom it is issued has had an opportunity to confer with the Administrator concerning the alleged violation.

(5)(A) Any order issued under this subsection shall be by personal service, shall state with reasonable specificity the nature of the viola-tion, and shall specify a time for compliance not to exceed thirty days in the case of a violation of an interim compliance schedule or operation and maintenance requirement and not to exceed a time the Administrator determines to be rea-sonable in the case of a violation of a final dead-line, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements.

(B) The Administrator may, if he determines (i) that any person who is a violator of, or any person who is otherwise not in compliance with, the time requirements under this chapter or in any permit issued under this chapter, has acted in good faith, and has made a commitment (in the form of contracts or other securities) of nec-essary resources to achieve compliance by the earliest possible date after July 1, 1977, but not later than April 1, 1979; (ii) that any extension under this provision will not result in the impo-sition of any additional controls on any other point or nonpoint source; (iii) that an applica-tion for a permit under section 1342 of this title was filed for such person prior to December 31, 1974; and (iv) that the facilities necessary for compliance with such requirements are under construction, grant an extension of the date re-ferred to in section 1311(b)(1)(A) of this title to a date which will achieve compliance at the ear-liest time possible but not later than April 1, 1979.

(6) Whenever, on the basis of information available to him, the Administrator finds (A) that any person is in violation of section 1311(b)(1)(A) or (C) of this title, (B) that such person cannot meet the requirements for a time extension under section 1311(i)(2) of this title, and (C) that the most expeditious and appro-priate means of compliance with this chapter by such person is to discharge into a publicly owned treatment works, then, upon request of such person, the Administrator may issue an order requiring such person to comply with this chapter at the earliest date practicable, but not later than July 1, 1983, by discharging into a publicly owned treatment works if such works concur with such order. Such order shall include a schedule of compliance.

(b) Civil actions

The Administrator is authorized to commence a civil action for appropriate relief, including a permanent or temporary injunction, for any vio-lation for which he is authorized to issue a com-pliance order under subsection (a) of this sec-tion. Any action under this subsection may be brought in the district court of the United

States for the district in which the defendant is located or resides or is doing business, and such court shall have jurisdiction to restrain such violation and to require compliance. Notice of the commencement of such action shall be given immediately to the appropriate State.

(c) Criminal penalties

(1) Negligent violations

Any person who— (A) negligently violates section 1311, 1312,

1316, 1317, 1318, 1321(b)(3), 1328, or 1345 of this title, or any permit condition or limitation implementing any of such sections in a per-mit issued under section 1342 of this title by the Administrator or by a State, or any re-quirement imposed in a pretreatment pro-gram approved under section 1342(a)(3) or 1342(b)(8) of this title or in a permit issued under section 1344 of this title by the Sec-retary of the Army or by a State; or

(B) negligently introduces into a sewer system or into a publicly owned treatment works any pollutant or hazardous substance which such person knew or reasonably should have known could cause personal in-jury or property damage or, other than in compliance with all applicable Federal, State, or local requirements or permits, which causes such treatment works to vio-late any effluent limitation or condition in any permit issued to the treatment works under section 1342 of this title by the Admin-istrator or a State;

shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of viola-tion, or by imprisonment for not more than 1 year, or by both. If a conviction of a person is for a violation committed after a first convic-tion of such person under this paragraph, pun-ishment shall be by a fine of not more than $50,000 per day of violation, or by imprison-ment of not more than 2 years, or by both.

(2) Knowing violations

Any person who— (A) knowingly violates section 1311, 1312,

1316, 1317, 1318, 1321(b)(3), 1328, or 1345 of this title, or any permit condition or limitation implementing any of such sections in a per-mit issued under section 1342 of this title by the Administrator or by a State, or any re-quirement imposed in a pretreatment pro-gram approved under section 1342(a)(3) or 1342(b)(8) of this title or in a permit issued under section 1344 of this title by the Sec-retary of the Army or by a State; or

(B) knowingly introduces into a sewer sys-tem or into a publicly owned treatment works any pollutant or hazardous substance which such person knew or reasonably should have known could cause personal in-jury or property damage or, other than in compliance with all applicable Federal, State, or local requirements or permits, which causes such treatment works to vio-late any effluent limitation or condition in a permit issued to the treatment works under section 1342 of this title by the Adminis-trator or a State;

shall be punished by a fine of not less than $5,000 nor more than $50,000 per day of viola-


tion, or by imprisonment for not more than 3 years, or by both. If a conviction of a person is for a violation committed after a first con-viction of such person under this paragraph, punishment shall be by a fine of not more than $100,000 per day of violation, or by imprison-ment of not more than 6 years, or by both.

(3) Knowing endangerment

(A) General rule

Any person who knowingly violates sec-tion 1311, 1312, 1313, 1316, 1317, 1318, 1321(b)(3), 1328, or 1345 of this title, or any permit con-dition or limitation implementing any of such sections in a permit issued under sec-tion 1342 of this title by the Administrator or by a State, or in a permit issued under section 1344 of this title by the Secretary of the Army or by a State, and who knows at that time that he thereby places another person in imminent danger of death or seri-ous bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. A person which is an organization shall, upon conviction of violating this sub-paragraph, be subject to a fine of not more than $1,000,000. If a conviction of a person is for a violation committed after a first con-viction of such person under this paragraph, the maximum punishment shall be doubled with respect to both fine and imprisonment.

(B) Additional provisions

For the purpose of subparagraph (A) of this paragraph—

(i) in determining whether a defendant who is an individual knew that his conduct placed another person in imminent danger of death or serious bodily injury—

(I) the person is responsible only for actual awareness or actual belief that he possessed; and

(II) knowledge possessed by a person other than the defendant but not by the defendant himself may not be attributed to the defendant;

except that in proving the defendant’s pos-session of actual knowledge, circumstan-tial evidence may be used, including evi-dence that the defendant took affirmative steps to shield himself from relevant infor-mation;

(ii) it is an affirmative defense to pros-ecution that the conduct charged was con-sented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of—

(I) an occupation, a business, or a pro-fession; or

(II) medical treatment or medical or scientific experimentation conducted by professionally approved methods and such other person had been made aware of the risks involved prior to giving con-sent;

and such defense may be established under this subparagraph by a preponderance of the evidence;

(iii) the term ‘‘organization’’ means a legal entity, other than a government, es-

tablished or organized for any purpose, and such term includes a corporation, com-pany, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other associa-tion of persons; and

(iv) the term ‘‘serious bodily injury’’ means bodily injury which involves a sub-stantial risk of death, unconsciousness, ex-treme physical pain, protracted and obvi-ous disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

(4) False statements

Any person who knowingly makes any false material statement, representation, or certifi-cation in any application, record, report, plan, or other document filed or required to be maintained under this chapter or who know-ingly falsifies, tampers with, or renders inac-curate any monitoring device or method re-quired to be maintained under this chapter, shall upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than 2 years, or by both. If a convic-tion of a person is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or by both.

(5) Treatment of single operational upset

For purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant param-eter shall be treated as a single violation.

(6) Responsible corporate officer as ‘‘person’’

For the purpose of this subsection, the term ‘‘person’’ means, in addition to the definition contained in section 1362(5) of this title, any responsible corporate officer.

(7) Hazardous substance defined

For the purpose of this subsection, the term ‘‘hazardous substance’’ means (A) any sub-stance designated pursuant to section 1321(b)(2)(A) of this title, (B) any element, compound, mixture, solution, or substance designated pursuant to section 9602 of title 42, (C) any hazardous waste having the character-istics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act [42 U.S.C. 6921] (but not including any waste the regulation of which under the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.] has been suspended by Act of Congress), (D) any toxic pollutant listed under section 1317(a) of this title, and (E) any imminently hazardous chem-ical substance or mixture with respect to which the Administrator has taken action pur-suant to section 2606 of title 15.

(d) Civil penalties; factors considered in deter-mining amount

Any person who violates section 1311, 1312, 1316, 1317, 1318, 1328, or 1345 of this title, or any permit condition or limitation implementing any of such sections in a permit issued under section 1342 of this title by the Administrator, or by a State, or in a permit issued under sec-


1 So in original.

tion 1344 of this title by a State,,1 or any re-quirement imposed in a pretreatment program approved under section 1342(a)(3) or 1342(b)(8) of this title, and any person who violates any order issued by the Administrator under subsection (a) of this section, shall be subject to a civil penalty not to exceed $25,000 per day for each violation. In determining the amount of a civil penalty the court shall consider the seriousness of the viola-tion or violations, the economic benefit (if any) resulting from the violation, any history of such violations, any good-faith efforts to comply with the applicable requirements, the economic im-pact of the penalty on the violator, and such other matters as justice may require. For pur-poses of this subsection, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.

(e) State liability for judgments and expenses

Whenever a municipality is a party to a civil action brought by the United States under this section, the State in which such municipality is located shall be joined as a party. Such State shall be liable for payment of any judgment, or any expenses incurred as a result of complying with any judgment, entered against the munici-pality in such action to the extent that the laws of that State prevent the municipality from raising revenues needed to comply with such judgment.

(f) Wrongful introduction of pollutant into treat-ment works

Whenever, on the basis of any information available to him, the Administrator finds that an owner or operator of any source is introduc-ing a pollutant into a treatment works in viola-tion of subsection (d) of section 1317 of this title, the Administrator may notify the owner or op-erator of such treatment works and the State of such violation. If the owner or operator of the treatment works does not commence appro-priate enforcement action within 30 days of the date of such notification, the Administrator may commence a civil action for appropriate re-lief, including but not limited to, a permanent or temporary injunction, against the owner or operator of such treatment works. In any such civil action the Administrator shall join the owner or operator of such source as a party to the action. Such action shall be brought in the district court of the United States in the dis-trict in which the treatment works is located. Such court shall have jurisdiction to restrain such violation and to require the owner or oper-ator of the treatment works and the owner or operator of the source to take such action as may be necessary to come into compliance with this chapter. Notice of commencement of any such action shall be given to the State. Nothing in this subsection shall be construed to limit or prohibit any other authority the Administrator may have under this chapter.

(g) Administrative penalties

(1) Violations

Whenever on the basis of any information available—

(A) the Administrator finds that any per-son has violated section 1311, 1312, 1316, 1317, 1318, 1328, or 1345 of this title, or has violated any permit condition or limitation imple-menting any of such sections in a permit is-sued under section 1342 of this title by the Administrator or by a State, or in a permit issued under section 1344 of this title by a State, or

(B) the Secretary of the Army (hereinafter in this subsection referred to as the ‘‘Sec-retary’’) finds that any person has violated any permit condition or limitation in a per-mit issued under section 1344 of this title by the Secretary,

the Administrator or Secretary, as the case may be, may, after consultation with the State in which the violation occurs, assess a class I civil penalty or a class II civil penalty under this subsection.

(2) Classes of penalties

(A) Class I

The amount of a class I civil penalty under paragraph (1) may not exceed $10,000 per vio-lation, except that the maximum amount of any class I civil penalty under this subpara-graph shall not exceed $25,000. Before issuing an order assessing a civil penalty under this subparagraph, the Administrator or the Sec-retary, as the case may be, shall give to the person to be assessed such penalty written notice of the Administrator’s or Secretary’s proposal to issue such order and the oppor-tunity to request, within 30 days of the date the notice is received by such person, a hear-ing on the proposed order. Such hearing shall not be subject to section 554 or 556 of title 5, but shall provide a reasonable oppor-tunity to be heard and to present evidence.

(B) Class II

The amount of a class II civil penalty under paragraph (1) may not exceed $10,000 per day for each day during which the viola-tion continues; except that the maximum amount of any class II civil penalty under this subparagraph shall not exceed $125,000. Except as otherwise provided in this sub-section, a class II civil penalty shall be as-sessed and collected in the same manner, and subject to the same provisions, as in the case of civil penalties assessed and collected after notice and opportunity for a hearing on the record in accordance with section 554 of title 5. The Administrator and the Secretary may issue rules for discovery procedures for hearings under this subparagraph.

(3) Determining amount

In determining the amount of any penalty assessed under this subsection, the Adminis-trator or the Secretary, as the case may be, shall take into account the nature, circum-stances, extent and gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior history of such viola-tions, the degree of culpability, economic ben-efit or savings (if any) resulting from the vio-lation, and such other matters as justice may require. For purposes of this subsection, a sin-


gle operational upset which leads to simulta-neous violations of more than one pollutant parameter shall be treated as a single viola-tion.

(4) Rights of interested persons

(A) Public notice

Before issuing an order assessing a civil penalty under this subsection the Adminis-trator or Secretary, as the case may be, shall provide public notice of and reasonable opportunity to comment on the proposed is-suance of such order.

(B) Presentation of evidence

Any person who comments on a proposed assessment of a penalty under this sub-section shall be given notice of any hearing held under this subsection and of the order assessing such penalty. In any hearing held under this subsection, such person shall have a reasonable opportunity to be heard and to present evidence.

(C) Rights of interested persons to a hearing

If no hearing is held under paragraph (2) before issuance of an order assessing a pen-alty under this subsection, any person who commented on the proposed assessment may petition, within 30 days after the issuance of such order, the Administrator or Secretary, as the case may be, to set aside such order and to provide a hearing on the penalty. If the evidence presented by the petitioner in support of the petition is material and was not considered in the issuance of the order, the Administrator or Secretary shall imme-diately set aside such order and provide a hearing in accordance with paragraph (2)(A) in the case of a class I civil penalty and paragraph (2)(B) in the case of a class II civil penalty. If the Administrator or Secretary denies a hearing under this subparagraph, the Administrator or Secretary shall provide to the petitioner, and publish in the Federal Register, notice of and the reasons for such denial.

(5) Finality of order

An order issued under this subsection shall become final 30 days after its issuance unless a petition for judicial review is filed under paragraph (8) or a hearing is requested under paragraph (4)(C). If such a hearing is denied, such order shall become final 30 days after such denial.

(6) Effect of order

(A) Limitation on actions under other sec-tions

Action taken by the Administrator or the Secretary, as the case may be, under this subsection shall not affect or limit the Ad-ministrator’s or Secretary’s authority to en-force any provision of this chapter; except that any violation—

(i) with respect to which the Adminis-trator or the Secretary has commenced and is diligently prosecuting an action under this subsection,

(ii) with respect to which a State has commenced and is diligently prosecuting

an action under a State law comparable to this subsection, or

(iii) for which the Administrator, the Secretary, or the State has issued a final order not subject to further judicial review and the violator has paid a penalty as-sessed under this subsection, or such com-parable State law, as the case may be,

shall not be the subject of a civil penalty ac-tion under subsection (d) of this section or section 1321(b) of this title or section 1365 of this title.

(B) Applicability of limitation with respect to citizen suits

The limitations contained in subparagraph (A) on civil penalty actions under section 1365 of this title shall not apply with respect to any violation for which—

(i) a civil action under section 1365(a)(1) of this title has been filed prior to com-mencement of an action under this sub-section, or

(ii) notice of an alleged violation of sec-tion 1365(a)(1) of this title has been given in accordance with section 1365(b)(1)(A) of this title prior to commencement of an ac-tion under this subsection and an action under section 1365(a)(1) of this title with respect to such alleged violation is filed before the 120th day after the date on which such notice is given.

(7) Effect of action on compliance

No action by the Administrator or the Sec-retary under this subsection shall affect any person’s obligation to comply with any section of this chapter or with the terms and condi-tions of any permit issued pursuant to section 1342 or 1344 of this title.

(8) Judicial review

Any person against whom a civil penalty is assessed under this subsection or who com-mented on the proposed assessment of such penalty in accordance with paragraph (4) may obtain review of such assessment—

(A) in the case of assessment of a class I civil penalty, in the United States District Court for the District of Columbia or in the district in which the violation is alleged to have occurred, or

(B) in the case of assessment of a class II civil penalty, in United States Court of Ap-peals for the District of Columbia Circuit or for any other circuit in which such person resides or transacts business,

by filing a notice of appeal in such court with-in the 30-day period beginning on the date the civil penalty order is issued and by simulta-neously sending a copy of such notice by cer-tified mail to the Administrator or the Sec-retary, as the case may be, and the Attorney General. The Administrator or the Secretary shall promptly file in such court a certified copy of the record on which the order was is-sued. Such court shall not set aside or remand such order unless there is not substantial evi-dence in the record, taken as a whole, to sup-port the finding of a violation or unless the Administrator’s or Secretary’s assessment of


the penalty constitutes an abuse of discretion and shall not impose additional civil penalties for the same violation unless the Administra-tor’s or Secretary’s assessment of the penalty constitutes an abuse of discretion.

(9) Collection

If any person fails to pay an assessment of a civil penalty—

(A) after the order making the assessment has become final, or

(B) after a court in an action brought under paragraph (8) has entered a final judg-ment in favor of the Administrator or the Secretary, as the case may be,

the Administrator or the Secretary shall re-quest the Attorney General to bring a civil ac-tion in an appropriate district court to recover the amount assessed (plus interest at cur-rently prevailing rates from the date of the final order or the date of the final judgment, as the case may be). In such an action, the va-lidity, amount, and appropriateness of such penalty shall not be subject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this para-graph shall be required to pay, in addition to such amount and interest, attorneys fees and costs for collection proceedings and a quar-terly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of such person’s penalties and nonpayment pen-alties which are unpaid as of the beginning of such quarter.

(10) Subpoenas

The Administrator or Secretary, as the case may be, may issue subpoenas for the attend-ance and testimony of witnesses and the pro-duction of relevant papers, books, or docu-ments in connection with hearings under this subsection. In case of contumacy or refusal to obey a subpoena issued pursuant to this para-graph and served upon any person, the district court of the United States for any district in which such person is found, resides, or trans-acts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony be-fore the administrative law judge or to appear and produce documents before the administra-tive law judge, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.

(11) Protection of existing procedures

Nothing in this subsection shall change the procedures existing on the day before Feb-ruary 4, 1987, under other subsections of this section for issuance and enforcement of orders by the Administrator.

(June 30, 1948, ch. 758, title III, § 309, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 859; amended Pub. L. 95–217, §§ 54(b), 55, 56, 67(c)(2), Dec. 27, 1977, 91 Stat. 1591, 1592, 1606; Pub. L. 100–4, title III, §§ 312, 313(a)(1), (b)(1), (c), 314(a), Feb. 4, 1987, 101 Stat. 42, 45, 46; Pub. L. 101–380, title IV, § 4301(c), Aug. 18, 1990, 104 Stat. 537.)

REFERENCES IN TEXT

The Solid Waste Disposal Act, referred to in subsec. (c)(7), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chap-ter 82 (§ 6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables.

AMENDMENTS

1990—Subsec. (c)(1)(A), (2)(A), (3)(A). Pub. L. 101–380 inserted ‘‘1321(b)(3),’’ after ‘‘1318,’’.

1987—Subsec. (c). Pub. L. 100–4, § 312, amended subsec. (c) generally, revising provisions of par. (1), adding pars. (2), (3), (5), and (7), redesignating former pars. (2) and (4) as (3) and (6), respectively, and revising provi-sions of redesignated par. (4).

Subsec. (d). Pub. L. 100–4, § 313(a)(1), inserted ‘‘, or any requirement imposed in a pretreatment program approved under section 1342(a)(3) or 1342(b)(8) of this title,’’ after second reference to ‘‘State,’’.

Pub. L. 100–4, § 313(b)(1), substituted ‘‘$25,000 per day for each violation’’ for ‘‘$10,000 per day of such viola-tion’’.

Pub. L. 100–4, § 313(c), inserted at end ‘‘In determining the amount of a civil penalty the court shall consider the seriousness of the violation or violations, the eco-nomic benefit (if any) resulting from the violation, any history of such violations, any good-faith efforts to comply with the applicable requirements, the economic impact of the penalty on the violator, and such other matters as justice may require. For purposes of this subsection, a single operational upset which leads to si-multaneous violations of more than one pollutant pa-rameter shall be treated as a single violation.’’

Subsec. (g). Pub. L. 100–4, § 314(a), added subsec. (g). 1977—Subsec. (a)(1). Pub. L. 95–217, §§ 55(a), 67(c)(2)(A),

substituted ‘‘1318, 1328, or 1345 of this title’’ for ‘‘or 1318 of this title’’ and ‘‘1342 or 1344 of this title’’ for ‘‘1342 of this title’’.

Subsec. (a)(2). Pub. L. 95–217, § 56(a), substituted ‘‘ex-cept where an extension has been granted under para-graph (5)(B) of this subsection, the Administrator shall enforce any permit condition or limitation’’ for ‘‘the Administrator shall enforce any permit condition or limitation’’.

Subsec. (a)(3). Pub. L. 95–217, §§ 55(b), 67(c)(2)(B), sub-stituted ‘‘1318, 1328, or 1345 of this title’’ for ‘‘or 1318 of this title’’ and inserted ‘‘or in a permit issued under section 1344 of this title by a State’’ after ‘‘in a permit issued under section 1342 of this title by him or by a State’’.

Subsec. (a)(4). Pub. L. 95–217, § 56(b), struck out provi-sion that any order issued under this subsection had to be by personal service and had to state with reasonable specificity the nature of the violation and a time for compliance, not to exceed thirty days, which the Ad-ministrator determined to be reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. See section subsec. (a)(5) of this section.

Subsec. (a)(5), (6). Pub. L. 95–217, § 56(c), added pars. (5) and (6).

Subsec. (c)(1). Pub. L. 95–217, § 67(c)(2)(C), substituted ‘‘by a State or in a permit issued under section 1344 of this title by a State, shall be punished’’ for ‘‘by a State, shall be punished’’.

Subsec. (d). Pub. L. 95–217, §§ 55(c), 67(c)(2)(D), sub-stituted ‘‘1318, 1328, or 1345 of this title’’ for ‘‘or 1318 of this title’’ and inserted ‘‘or in a permit issued under section 1344 of this title by a State,’’ after ‘‘permit is-sued under section 1342 of this title by the Adminis-trator, or by a State,’’.

Subsec. (f). Pub. L. 95–217, § 54(b), added subsec. (f).


Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L.


101–380, set out as an Effective Date note under section 2701 of this title.

SAVINGS PROVISION

Pub. L. 100–4, title III, § 313(a)(2), Feb. 4, 1987, 101 Stat. 45, provided that: ‘‘No State shall be required before July 1, 1988, to modify a permit program approved or submitted under section 402 of the Federal Water Pollu-tion Control Act [33 U.S.C. 1342] as a result of the amendment made by paragraph (1) [amending this sec-tion].’’

DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL LIABILITY TRUST FUND

Penalties paid pursuant to subsection (c) of this sec-tion and sections 1321 and 1501 et seq. of this title to be deposited in the Oil Spill Liability Trust Fund created under section 9509 of Title 26, Internal Revenue Code, see section 4304 of Pub. L. 101–380, set out as a note under section 9509 of Title 26.

INCREASED PENALTIES NOT REQUIRED UNDER STATE PROGRAMS

Pub. L. 100–4, title III, § 313(b)(2), Feb. 4, 1987, 101 Stat. 45, provided that: ‘‘The Federal Water Pollution Con-trol Act [33 U.S.C. 1251 et seq.] shall not be construed as requiring a State to have a civil penalty for viola-tions described in section 309(d) of such Act [33 U.S.C. 1319(d)] which has the same monetary amount as the civil penalty established by such section, as amended by paragraph (1) [amending this section]. Nothing in this paragraph shall affect the Administrator’s author-ity to establish or adjust by regulation a minimum ac-ceptable State civil penalty.’’

ACTIONS BY SURGEON GENERAL RELATING TO INTERSTATE POLLUTION

Act July 9, 1956, ch. 518, § 5, 70 Stat. 507, provided that actions by the Surgeon General with respect to water pollutants under section 2(d) of act June 30, 1948, ch. 758, 62 Stat. 1155, as in effect prior to July 9, 1956, which had been completed prior to such date, would still be subject to the terms of section 2(d) of act June 30, 1948, in effect prior to the July 9, 1956 amendment, but that actions with respect to such pollutants would neverthe-less subsequently be possible in accordance with the terms of act June 30, 1948, as amended by act July 9, 1956.

§ 1320. International pollution abatement

(a) Hearing; participation by foreign nations

Whenever the Administrator, upon receipts of reports, surveys, or studies from any duly con-stituted international agency, has reason to be-lieve that pollution is occurring which endan-gers the health or welfare of persons in a foreign country, and the Secretary of State requests him to abate such pollution, he shall give formal notification thereof to the State water pollution control agency of the State or States in which such discharge or discharges originate and to the appropriate interstate agency, if any. He shall also promptly call such a hearing, if he be-lieves that such pollution is occurring in suffi-cient quantity to warrant such action, and if such foreign country has given the United States essentially the same rights with respect to the prevention and control of pollution occur-ring in that country as is given that country by this subsection. The Administrator, through the Secretary of State, shall invite the foreign coun-try which may be adversely affected by the pol-lution to attend and participate in the hearing, and the representative of such country shall, for the purpose of the hearing and any further pro-

ceeding resulting from such hearing, have all the rights of a State water pollution control agency. Nothing in this subsection shall be con-strued to modify, amend, repeal, or otherwise af-fect the provisions of the 1909 Boundary Waters Treaty between Canada and the United States or the Water Utilization Treaty of 1944 between Mexico and the United States (59 Stat. 1219), rel-ative to the control and abatement of pollution in waters covered by those treaties.

(b) Functions and responsibilities of Adminis-trator not affected

The calling of a hearing under this section shall not be construed by the courts, the Admin-istrator, or any person as limiting, modifying, or otherwise affecting the functions and respon-sibilities of the Administrator under this sec-tion to establish and enforce water quality re-quirements under this chapter.

(c) Hearing board; composition; findings of fact; recommendations; implementation of board’s decision

The Administrator shall publish in the Fed-eral Register a notice of a public hearing before a hearing board of five or more persons ap-pointed by the Administrator. A majority of the members of the board and the chairman who shall be designated by the Administrator shall not be officers or employees of Federal, State, or local governments. On the basis of the evidence presented at such hearing, the board shall with-in sixty days after completion of the hearing make findings of fact as to whether or not such pollution is occurring and shall thereupon by de-cision, incorporating its findings therein, make such recommendations to abate the pollution as may be appropriate and shall transmit such de-cision and the record of the hearings to the Ad-ministrator. All such decisions shall be public. Upon receipt of such decision, the Administrator shall promptly implement the board’s decision in accordance with the provisions of this chap-ter.

(d) Report by alleged polluter

In connection with any hearing called under this subsection, the board is authorized to re-quire any person whose alleged activities result in discharges causing or contributing to pollu-tion to file with it in such forms as it may pre-scribe, a report based on existing data, furnish-ing such information as may reasonably be re-quired as to the character, kind, and quantity of such discharges and the use of facilities or other means to prevent or reduce such discharges by the person filing such a report. Such report shall be made under oath or otherwise, as the board may prescribe, and shall be filed with the board within such reasonable period as it may pre-scribe, unless additional time is granted by it. Upon a showing satisfactory to the board by the person filing such report that such report or por-tion thereof (other than effluent data), to which the Administrator has access under this section, if made public would divulge trade secrets or se-cret processes of such person, the board shall consider such report or portion thereof confiden-tial for the purposes of section 1905 of title 18. If any person required to file any report under this paragraph shall fail to do so within the time


1 So in original.

fixed by the board for filing the same, and such failure shall continue for thirty days after no-tice of such default, such person shall forfeit to the United States the sum of $1,000 for each and every day of the continuance of such failure, which forfeiture shall be payable into the Treas-ury of the United States, and shall be recover-able in a civil suit in the name of the United States in the district court of the United States where such person has his principal office or in any district in which he does business. The Ad-ministrator may upon application therefor remit or mitigate any forfeiture provided for under this subsection.

(e) Compensation of board members

Board members, other than officers or employ-ees of Federal, State, or local governments, shall be for each day (including travel-time) during which they are performing board busi-ness, entitled to receive compensation at a rate fixed by the Administrator but not in excess of the maximum rate of pay for grade GS–18, as provided in the General Schedule under section 5332 of title 5, and shall, notwithstanding the limitations of sections 5703 and 5704 of title 5, be fully reimbursed for travel, subsistence and re-lated expenses.

(f) Enforcement proceedings

When any such recommendation adopted by the Administrator involves the institution of enforcement proceedings against any person to obtain the abatement of pollution subject to such recommendation, the Administrator shall institute such proceedings if he believes that the evidence warrants such proceedings. The district court of the United States shall consider and de-termine de novo all relevant issues, but shall re-ceive in evidence the record of the proceedings before the conference or hearing board. The court shall have jurisdiction to enter such judg-ment and orders enforcing such judgment as it deems appropriate or to remand such proceed-ings to the Administrator for such further ac-tion as it may direct.

(June 30, 1948, ch. 758, title III, § 310, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 860.)

REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi-zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

§ 1321. Oil and hazardous substance liability

(a) Definitions

For the purpose of this section, the term— (1) ‘‘oil’’ means oil of any kind or in any

form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil;

(2) ‘‘discharge’’ includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping, but excludes (A) discharges in compliance with a permit under section 1342 of this title, (B) discharges

resulting from circumstances identified and reviewed and made a part of the public record with respect to a permit issued or modified under section 1342 of this title, and subject to a condition in such permit,,1 (C) continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under section 1342 of this title, which are caused by events occurring within the scope of relevant operating or treatment systems, and (D) discharges incidental to me-chanical removal authorized by the President under subsection (c) of this section;

(3) ‘‘vessel’’ means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water other than a public vessel;

(4) ‘‘public vessel’’ means a vessel owned or bareboat-chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce;

(5) ‘‘United States’’ means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the North-ern Mariana Islands, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands;

(6) ‘‘owner or operator’’ means (A) in the case of a vessel, any person owning, operating, or chartering by demise, such vessel, and (B) in the case of an onshore facility, and an off-shore facility, any person owning or operating such onshore facility or offshore facility, and (C) in the case of any abandoned offshore facil-ity, the person who owned or operated such fa-cility immediately prior to such abandon-ment;

(7) ‘‘person’’ includes an individual, firm, corporation, association, and a partnership;

(8) ‘‘remove’’ or ‘‘removal’’ refers to contain-ment and removal of the oil or hazardous sub-stances from the water and shorelines or the taking of such other actions as may be nec-essary to prevent, minimize, or mitigate dam-age to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches;

(9) ‘‘contiguous zone’’ means the entire zone established or to be established by the United States under article 24 of the Convention on the Territorial Sea and the Contiguous Zone;

(10) ‘‘onshore facility’’ means any facility (including, but not limited to, motor vehicles and rolling stock) of any kind located in, on, or under, any land within the United States other than submerged land;

(11) ‘‘offshore facility’’ means any facility of any kind located in, on, or under, any of the navigable waters of the United States, and any facility of any kind which is subject to the ju-risdiction of the United States and is located in, on, or under any other waters, other than a vessel or a public vessel;

(12) ‘‘act of God’’ means an act occasioned by an unanticipated grave natural disaster;

(13) ‘‘barrel’’ means 42 United States gallons at 60 degrees Fahrenheit;


(14) ‘‘hazardous substance’’ means any sub-stance designated pursuant to subsection (b)(2) of this section;

(15) ‘‘inland oil barge’’ means a non-self-pro-pelled vessel carrying oil in bulk as cargo and certificated to operate only in the inland wa-ters of the United States, while operating in such waters;

(16) ‘‘inland waters of the United States’’ means those waters of the United States lying inside the baseline from which the territorial sea is measured and those waters outside such baseline which are a part of the Gulf Intra-coastal Waterway;

(17) ‘‘otherwise subject to the jurisdiction of the United States’’ means subject to the juris-diction of the United States by virtue of United States citizenship, United States vessel documentation or numbering, or as provided for by international agreement to which the United States is a party;

(18) ‘‘Area Committee’’ means an Area Com-mittee established under subsection (j);

(19) ‘‘Area Contingency Plan’’ means an Area Contingency Plan prepared under subsection (j);

(20) ‘‘Coast Guard District Response Group’’ means a Coast Guard District Response Group established under subsection (j);

(21) ‘‘Federal On-Scene Coordinator’’ means a Federal On-Scene Coordinator designated in the National Contingency Plan;

(22) ‘‘National Contingency Plan’’ means the National Contingency Plan prepared and pub-lished under subsection (d);

(23) ‘‘National Response Unit’’ means the National Response Unit established under sub-section (j);

(24) ‘‘worst case discharge’’ means— (A) in the case of a vessel, a discharge in

adverse weather conditions of its entire cargo; and

(B) in the case of an offshore facility or on-shore facility, the largest foreseeable dis-charge in adverse weather conditions;

(25) ‘‘removal costs’’ means— (A) the costs of removal of oil or a hazard-

ous substance that are incurred after it is discharged; and

(B) in any case in which there is a substan-tial threat of a discharge of oil or a hazard-ous substance, the costs to prevent, mini-mize, or mitigate that threat;

(26) ‘‘nontank vessel’’ means a self-propelled vessel that—

(A) is at least 400 gross tons as measured under section 14302 of title 46 or, for vessels not measured under that section, as meas-ured under section 14502 of that title;

(B) is not a tank vessel; (C) carries oil of any kind as fuel for main

propulsion; and (D) operates on the navigable waters of the

United States, as defined in section 2101(17a) of that title;

(27) the term ‘‘best available science’’ means science that—

(A) maximizes the quality, objectivity, and integrity of information, including statis-tical information;

(B) uses peer-reviewed and publicly avail-able data; and

(C) clearly documents and communicates risks and uncertainties in the scientific basis for such projects;

(28) the term ‘‘Chairperson’’ means the Chairperson of the Council;

(29) the term ‘‘coastal political subdivision’’ means any local political jurisdiction that is immediately below the State level of govern-ment, including a county, parish, or borough, with a coastline that is contiguous with any portion of the United States Gulf of Mexico;

(30) the term ‘‘Comprehensive Plan’’ means the comprehensive plan developed by the Council pursuant to subsection (t);

(31) the term ‘‘Council’’ means the Gulf Coast Ecosystem Restoration Council estab-lished pursuant to subsection (t);

(32) the term ‘‘Deepwater Horizon oil spill’’ means the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulting hydro-carbon releases into the environment;

(33) the term ‘‘Gulf Coast region’’ means— (A) in the Gulf Coast States, the coastal

zones (as that term is defined in section 1453 of title 16),1 except that, in this section, the term ‘‘coastal zones’’ includes land within the coastal zones that is held in trust by, or the use of which is by law subject solely to the discretion of, the Federal Government or officers or agents of the Federal Govern-ment)) 1 that border the Gulf of Mexico;

(B) any adjacent land, water, and water-sheds, that are within 25 miles of the coastal zones described in subparagraph (A) of the Gulf Coast States; and

(C) all Federal waters in the Gulf of Mex-ico;

(34) the term ‘‘Gulf Coast State’’ means any of the States of Alabama, Florida, Louisiana, Mississippi, and Texas; and

(35) the term ‘‘Trust Fund’’ means the Gulf Coast Restoration Trust Fund established pur-suant to section 1602 of the Resources and Eco-systems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012.

(b) Congressional declaration of policy against discharges of oil or hazardous substances; designation of hazardous substances; study of higher standard of care incentives and re-port to Congress; liability; penalties; civil ac-tions: penalty limitations, separate offenses, jurisdiction, mitigation of damages and costs, recovery of removal costs, alternative rem-edies, and withholding clearance of vessels

(1) The Congress hereby declares that it is the policy of the United States that there should be no discharges of oil or hazardous substances into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone, or in connection with activities under the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] or the Deepwater Port Act of 1974 [33 U.S.C. 1501 et seq.], or which may affect natural resources be-longing to, appertaining to, or under the exclu-


sive management authority of the United States (including resources under the Magnuson-Ste-vens Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.]).

(2)(A) The Administrator shall develop, pro-mulgate, and revise as may be appropriate, regu-lations designating as hazardous substances, other than oil as defined in this section, such elements and compounds which, when dis-charged in any quantity into or upon the navi-gable waters of the United States or adjoining shorelines or the waters of the contiguous zone or in connection with activities under the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] or the Deepwater Port Act of 1974 [33 U.S.C. 1501 et seq.], or which may affect natural re-sources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.]), present an imminent and substantial danger to the pub-lic health or welfare, including, but not limited to, fish, shellfish, wildlife, shorelines, and beaches.

(B) The Administrator shall within 18 months after the date of enactment of this paragraph, conduct a study and report to the Congress on methods, mechanisms, and procedures to create incentives to achieve a higher standard of care in all aspects of the management and movement of hazardous substances on the part of owners, operators, or persons in charge of onshore facili-ties, offshore facilities, or vessels. The Adminis-trator shall include in such study (1) limits of li-ability, (2) liability for third party damages, (3) penalties and fees, (4) spill prevention plans, (5) current practices in the insurance and banking industries, and (6) whether the penalty enacted in subclause (bb) of clause (iii) of subparagraph (B) of subsection (b)(2) of section 311 of Public Law 92–500 should be enacted.

(3) The discharge of oil or hazardous sub-stances (i) into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone, or (ii) in connection with activities under the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] or the Deepwater Port Act of 1974 [33 U.S.C. 1501 et seq.], or which may affect natural re-sources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.]), in such quantities as may be harmful as determined by the President under paragraph (4) of this sub-section, is prohibited, except (A) in the case of such discharges into the waters of the contig-uous zone or which may affect natural resources belonging to, appertaining to, or under the ex-clusive management authority of the United States (including resources under the Magnu-son-Stevens Fishery Conservation and Manage-ment Act), where permitted under the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973, and (B) where permitted in quantities and at times and locations or under such circumstances or conditions as the President may, by regula-tion, determine not to be harmful. Any regula-

tions issued under this subsection shall be con-sistent with maritime safety and with marine and navigation laws and regulations and appli-cable water quality standards.

(4) The President shall by regulation deter-mine for the purposes of this section those quan-tities of oil and any hazardous substances the discharge of which may be harmful to the public health or welfare or the environment of the United States, including but not limited to fish, shellfish, wildlife, and public and private prop-erty, shorelines, and beaches.

(5) Any person in charge of a vessel or of an onshore facility or an offshore facility shall, as soon as he has knowledge of any discharge of oil or a hazardous substance from such vessel or fa-cility in violation of paragraph (3) of this sub-section, immediately notify the appropriate agency of the United States Government of such discharge. The Federal agency shall imme-diately notify the appropriate State agency of any State which is, or may reasonably be ex-pected to be, affected by the discharge of oil or a hazardous substance. Any such person (A) in charge of a vessel from which oil or a hazardous substance is discharged in violation of para-graph (3)(i) of this subsection, or (B) in charge of a vessel from which oil or a hazardous substance is discharged in violation of paragraph (3)(ii) of this subsection and who is otherwise subject to the jurisdiction of the United States at the time of the discharge, or (C) in charge of an onshore facility or an offshore facility, who fails to no-tify immediately such agency of such discharge shall, upon conviction, be fined in accordance with title 18, or imprisoned for not more than 5 years, or both. Notification received pursuant to this paragraph shall not be used against any such natural person in any criminal case, except a prosecution for perjury or for giving a false statement.

(6) ADMINISTRATIVE PENALTIES.— (A) VIOLATIONS.—Any owner, operator, or

person in charge of any vessel, onshore facil-ity, or offshore facility—

(i) from which oil or a hazardous substance is discharged in violation of paragraph (3), or

(ii) who fails or refuses to comply with any regulation issued under subsection (j) to which that owner, operator, or person in charge is subject,

may be assessed a class I or class II civil pen-alty by the Secretary of the department in which the Coast Guard is operating, the Sec-retary of Transportation, or the Adminis-trator.

(B) CLASSES OF PENALTIES.— (i) CLASS I.—The amount of a class I civil

penalty under subparagraph (A) may not ex-ceed $10,000 per violation, except that the maximum amount of any class I civil pen-alty under this subparagraph shall not ex-ceed $25,000. Before assessing a civil penalty under this clause, the Administrator or Sec-retary, as the case may be, shall give to the person to be assessed such penalty written notice of the Administrator’s or Secretary’s proposal to assess the penalty and the oppor-tunity to request, within 30 days of the date the notice is received by such person, a hear-ing on the proposed penalty. Such hearing


shall not be subject to section 554 or 556 of title 5, but shall provide a reasonable oppor-tunity to be heard and to present evidence.

(ii) CLASS II.—The amount of a class II civil penalty under subparagraph (A) may not exceed $10,000 per day for each day dur-ing which the violation continues; except that the maximum amount of any class II civil penalty under this subparagraph shall not exceed $125,000. Except as otherwise pro-vided in this subsection, a class II civil pen-alty shall be assessed and collected in the same manner, and subject to the same provi-sions, as in the case of civil penalties as-sessed and collected after notice and oppor-tunity for a hearing on the record in accord-ance with section 554 of title 5. The Adminis-trator and Secretary may issue rules for dis-covery procedures for hearings under this paragraph.

(C) RIGHTS OF INTERESTED PERSONS.— (i) PUBLIC NOTICE.—Before issuing an order

assessing a class II civil penalty under this paragraph the Administrator or Secretary, as the case may be, shall provide public no-tice of and reasonable opportunity to com-ment on the proposed issuance of such order.

(ii) PRESENTATION OF EVIDENCE.—Any per-son who comments on a proposed assessment of a class II civil penalty under this para-graph shall be given notice of any hearing held under this paragraph and of the order assessing such penalty. In any hearing held under this paragraph, such person shall have a reasonable opportunity to be heard and to present evidence.

(iii) RIGHTS OF INTERESTED PERSONS TO A HEARING.—If no hearing is held under sub-paragraph (B) before issuance of an order as-sessing a class II civil penalty under this paragraph, any person who commented on the proposed assessment may petition, with-in 30 days after the issuance of such order, the Administrator or Secretary, as the case may be, to set aside such order and to pro-vide a hearing on the penalty. If the evi-dence presented by the petitioner in support of the petition is material and was not con-sidered in the issuance of the order, the Ad-ministrator or Secretary shall immediately set aside such order and provide a hearing in accordance with subparagraph (B)(ii). If the Administrator or Secretary denies a hearing under this clause, the Administrator or Sec-retary shall provide to the petitioner, and publish in the Federal Register, notice of and the reasons for such denial.

(D) FINALITY OF ORDER.—An order assessing a class II civil penalty under this paragraph shall become final 30 days after its issuance unless a petition for judicial review is filed under subparagraph (G) or a hearing is re-quested under subparagraph (C)(iii). If such a hearing is denied, such order shall become final 30 days after such denial.

(E) EFFECT OF ORDER.—Action taken by the Administrator or Secretary, as the case may be, under this paragraph shall not affect or limit the Administrator’s or Secretary’s au-thority to enforce any provision of this chap-ter; except that any violation—

(i) with respect to which the Adminis-trator or Secretary has commenced and is diligently prosecuting an action to assess a class II civil penalty under this paragraph, or

(ii) for which the Administrator or Sec-retary has issued a final order assessing a class II civil penalty not subject to further judicial review and the violator has paid a penalty assessed under this paragraph,

shall not be the subject of a civil penalty ac-tion under section 1319(d), 1319(g), or 1365 of this title or under paragraph (7).

(F) EFFECT OF ACTION ON COMPLIANCE.—No action by the Administrator or Secretary under this paragraph shall affect any person’s obligation to comply with any section of this chapter.

(G) JUDICIAL REVIEW.—Any person against whom a civil penalty is assessed under this paragraph or who commented on the proposed assessment of such penalty in accordance with subparagraph (C) may obtain review of such assessment—

(i) in the case of assessment of a class I civil penalty, in the United States District Court for the District of Columbia or in the district in which the violation is alleged to have occurred, or

(ii) in the case of assessment of a class II civil penalty, in United States Court of Ap-peals for the District of Columbia Circuit or for any other circuit in which such person resides or transacts business,

by filing a notice of appeal in such court with-in the 30-day period beginning on the date the civil penalty order is issued and by simulta-neously sending a copy of such notice by cer-tified mail to the Administrator or Secretary, as the case may be, and the Attorney General. The Administrator or Secretary shall prompt-ly file in such court a certified copy of the record on which the order was issued. Such court shall not set aside or remand such order unless there is not substantial evidence in the record, taken as a whole, to support the find-ing of a violation or unless the Administra-tor’s or Secretary’s assessment of the penalty constitutes an abuse of discretion and shall not impose additional civil penalties for the same violation unless the Administrator’s or Secretary’s assessment of the penalty con-stitutes an abuse of discretion.

(H) COLLECTION.—If any person fails to pay an assessment of a civil penalty—

(i) after the assessment has become final, or

(ii) after a court in an action brought under subparagraph (G) has entered a final judgment in favor of the Administrator or Secretary, as the case may be,

the Administrator or Secretary shall request the Attorney General to bring a civil action in an appropriate district court to recover the amount assessed (plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review. Any person who



fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this subparagraph shall be required to pay, in addition to such amount and interest, attorneys fees and costs for col-lection proceedings and a quarterly non-payment penalty for each quarter during which such failure to pay persists. Such non-payment penalty shall be in an amount equal to 20 percent of the aggregate amount of such person’s penalties and nonpayment penalties which are unpaid as of the beginning of such quarter.

(I) SUBPOENAS.—The Administrator or Sec-retary, as the case may be, may issue subpoe-nas for the attendance and testimony of wit-nesses and the production of relevant papers, books, or documents in connection with hear-ings under this paragraph. In case of contu-macy or refusal to obey a subpoena issued pur-suant to this subparagraph and served upon any person, the district court of the United States for any district in which such person is found, resides, or transacts business, upon ap-plication by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the administrative law judge or to appear and produce documents be-fore the administrative law judge, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.

(7) CIVIL PENALTY ACTION.— (A) DISCHARGE, GENERALLY.—Any person who

is the owner, operator, or person in charge of any vessel, onshore facility, or offshore facil-ity from which oil or a hazardous substance is discharged in violation of paragraph (3), shall be subject to a civil penalty in an amount up to $25,000 per day of violation or an amount up to $1,000 per barrel of oil or unit of reportable quantity of hazardous substances discharged.

(B) FAILURE TO REMOVE OR COMPLY.—Any person described in subparagraph (A) who, without sufficient cause—

(i) fails to properly carry out removal of the discharge under an order of the Presi-dent pursuant to subsection (c); or

(ii) fails to comply with an order pursuant to subsection (e)(1)(B);

shall be subject to a civil penalty in an amount up to $25,000 per day of violation or an amount up to 3 times the costs incurred by the Oil Spill Liability Trust Fund as a result of such failure.

(C) FAILURE TO COMPLY WITH REGULATION.— Any person who fails or refuses to comply with any regulation issued under subsection (j) shall be subject to a civil penalty in an amount up to $25,000 per day of violation.

(D) GROSS NEGLIGENCE.—In any case in which a violation of paragraph (3) was the result of gross negligence or willful misconduct of a person described in subparagraph (A), the per-son shall be subject to a civil penalty of not less than $100,000, and not more than $3,000 per barrel of oil or unit of reportable quantity of hazardous substance discharged.

(E) JURISDICTION.—An action to impose a civil penalty under this paragraph may be

brought in the district court of the United States for the district in which the defendant is located, resides, or is doing business, and such court shall have jurisdiction to assess such penalty.

(F) LIMITATION.—A person is not liable for a civil penalty under this paragraph for a dis-charge if the person has been assessed a civil penalty under paragraph (6) for the discharge.

(8) DETERMINATION OF AMOUNT.—In determin-ing the amount of a civil penalty under para-graphs (6) and (7), the Administrator, Secretary, or the court, as the case may be, shall consider the seriousness of the violation or violations, the economic benefit to the violator, if any, re-sulting from the violation, the degree of cul-pability involved, any other penalty for the same incident, any history of prior violations, the nature, extent, and degree of success of any efforts of the violator to minimize or mitigate the effects of the discharge, the economic im-pact of the penalty on the violator, and any other matters as justice may require.

(9) MITIGATION OF DAMAGE.—In addition to es-tablishing a penalty for the discharge of oil or a hazardous substance, the Administrator or the Secretary of the department in which the Coast Guard is operating may act to mitigate the damage to the public health or welfare caused by such discharge. The cost of such mitigation shall be deemed a cost incurred under subsection (c) of this section for the removal of such sub-stance by the United States Government.

(10) RECOVERY OF REMOVAL COSTS.—Any costs of removal incurred in connection with a dis-charge excluded by subsection (a)(2)(C) of this section shall be recoverable from the owner or operator of the source of the discharge in an ac-tion brought under section 1319(b) of this title.

(11) LIMITATION.—Civil penalties shall not be assessed under both this section and section 1319 of this title for the same discharge.

(12) WITHHOLDING CLEARANCE.—If any owner, operator, or person in charge of a vessel is liable for a civil penalty under this subsection, or if reasonable cause exists to believe that the owner, operator, or person in charge may be sub-ject to a civil penalty under this subsection, the Secretary of the Treasury, upon the request of the Secretary of the department in which the Coast Guard is operating or the Administrator, shall with respect to such vessel refuse or re-voke—

(A) the clearance required by section 60105 of title 46;

(B) a permit to proceed under section 4367 of the Revised Statutes of the United States (46 U.S.C. App. 313); 2 and

(C) a permit to depart required under section 1443 2 of title 19;

as applicable. Clearance or a permit refused or revoked under this paragraph may be granted upon the filing of a bond or other surety satis-factory to the Secretary of the department in which the Coast Guard is operating or the Ad-ministrator.


(c) Federal removal authority

(1) General removal requirement

(A) The President shall, in accordance with the National Contingency Plan and any appro-priate Area Contingency Plan, ensure effective and immediate removal of a discharge, and mitigation or prevention of a substantial threat of a discharge, of oil or a hazardous substance—

(i) into or on the navigable waters; (ii) on the adjoining shorelines to the navi-

gable waters; (iii) into or on the waters of the exclusive

economic zone; or (iv) that may affect natural resources be-

longing to, appertaining to, or under the ex-clusive management authority of the United States.

(B) In carrying out this paragraph, the President may—

(i) remove or arrange for the removal of a discharge, and mitigate or prevent a sub-stantial threat of a discharge, at any time;

(ii) direct or monitor all Federal, State, and private actions to remove a discharge; and

(iii) remove and, if necessary, destroy a vessel discharging, or threatening to dis-charge, by whatever means are available.

(2) Discharge posing substantial threat to pub-lic health or welfare

(A) If a discharge, or a substantial threat of a discharge, of oil or a hazardous substance from a vessel, offshore facility, or onshore fa-cility is of such a size or character as to be a substantial threat to the public health or wel-fare of the United States (including but not limited to fish, shellfish, wildlife, other natu-ral resources, and the public and private beaches and shorelines of the United States), the President shall direct all Federal, State, and private actions to remove the discharge or to mitigate or prevent the threat of the dis-charge.

(B) In carrying out this paragraph, the President may, without regard to any other provision of law governing contracting proce-dures or employment of personnel by the Fed-eral Government—

(i) remove or arrange for the removal of the discharge, or mitigate or prevent the substantial threat of the discharge; and

(ii) remove and, if necessary, destroy a vessel discharging, or threatening to dis-charge, by whatever means are available.

(3) Actions in accordance with National Con-tingency Plan

(A) Each Federal agency, State, owner or op-erator, or other person participating in efforts under this subsection shall act in accordance with the National Contingency Plan or as di-rected by the President.

(B) An owner or operator participating in ef-forts under this subsection shall act in accord-ance with the National Contingency Plan and the applicable response plan required under subsection (j), or as directed by the President, except that the owner or operator may deviate from the applicable response plan if the Presi-

dent or the Federal On-Scene Coordinator de-termines that deviation from the response plan would provide for a more expeditious or effective response to the spill or mitigation of its environmental effects.

(4) Exemption from liability

(A) A person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise di-rected by the President relating to a discharge or a substantial threat of a discharge of oil or a hazardous substance.

(B) Subparagraph (A) does not apply— (i) to a responsible party; (ii) to a response under the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);

(iii) with respect to personal injury or wrongful death; or

(iv) if the person is grossly negligent or en-gages in willful misconduct.

(C) A responsible party is liable for any re-moval costs and damages that another person is relieved of under subparagraph (A).

(5) Obligation and liability of owner or opera-tor not affected

Nothing in this subsection affects— (A) the obligation of an owner or operator

to respond immediately to a discharge, or the threat of a discharge, of oil; or

(B) the liability of a responsible party under the Oil Pollution Act of 1990 [33 U.S.C. 2701 et seq.].

(6) ‘‘Responsible party’’ defined

For purposes of this subsection, the term ‘‘responsible party’’ has the meaning given that term under section 1001 of the Oil Pollu-tion Act of 1990 [33 U.S.C. 2701].

(d) National Contingency Plan

(1) Preparation by President

The President shall prepare and publish a National Contingency Plan for removal of oil and hazardous substances pursuant to this sec-tion.

(2) Contents

The National Contingency Plan shall pro-vide for efficient, coordinated, and effective action to minimize damage from oil and haz-ardous substance discharges, including con-tainment, dispersal, and removal of oil and hazardous substances, and shall include, but not be limited to, the following:

(A) Assignment of duties and responsibil-ities among Federal departments and agen-cies in coordination with State and local agencies and port authorities including, but not limited to, water pollution control and conservation and trusteeship of natural re-sources (including conservation of fish and wildlife).

(B) Identification, procurement, mainte-nance, and storage of equipment and sup-plies.

(C) Establishment or designation of Coast Guard strike teams, consisting of—


(i) personnel who shall be trained, pre-pared, and available to provide necessary services to carry out the National Contin-gency Plan;

(ii) adequate oil and hazardous substance pollution control equipment and material; and

(iii) a detailed oil and hazardous sub-stance pollution and prevention plan, in-cluding measures to protect fisheries and wildlife.

(D) A system of surveillance and notice de-signed to safeguard against as well as ensure earliest possible notice of discharges of oil and hazardous substances and imminent threats of such discharges to the appropriate State and Federal agencies.

(E) Establishment of a national center to provide coordination and direction for oper-ations in carrying out the Plan.

(F) Procedures and techniques to be em-ployed in identifying, containing, dispersing, and removing oil and hazardous substances.

(G) A schedule, prepared in cooperation with the States, identifying—

(i) dispersants, other chemicals, and other spill mitigating devices and sub-stances, if any, that may be used in carry-ing out the Plan,

(ii) the waters in which such dispersants, other chemicals, and other spill mitigating devices and substances may be used, and

(iii) the quantities of such dispersant, other chemicals, or other spill mitigating device or substance which can be used safely in such waters,

which schedule shall provide in the case of any dispersant, chemical, spill mitigating device or substance, or waters not specifi-cally identified in such schedule that the President, or his delegate, may, on a case- by-case basis, identify the dispersants, other chemicals, and other spill mitigating devices and substances which may be used, the wa-ters in which they may be used, and the quantities which can be used safely in such waters.

(H) A system whereby the State or States affected by a discharge of oil or hazardous substance may act where necessary to re-move such discharge and such State or States may be reimbursed in accordance with the Oil Pollution Act of 1990 [33 U.S.C. 2701 et seq.], in the case of any discharge of oil from a vessel or facility, for the reason-able costs incurred for that removal, from the Oil Spill Liability Trust Fund.

(I) Establishment of criteria and proce-dures to ensure immediate and effective Fed-eral identification of, and response to, a dis-charge, or the threat of a discharge, that re-sults in a substantial threat to the public health or welfare of the United States, as re-quired under subsection (c)(2).

(J) Establishment of procedures and stand-ards for removing a worst case discharge of oil, and for mitigating or preventing a sub-stantial threat of such a discharge.

(K) Designation of the Federal official who shall be the Federal On-Scene Coordinator

for each area for which an Area Contingency Plan is required to be prepared under sub-section (j).

(L) Establishment of procedures for the co-ordination of activities of—

(i) Coast Guard strike teams established under subparagraph (C);

(ii) Federal On-Scene Coordinators des-ignated under subparagraph (K);

(iii) District Response Groups estab-lished under subsection (j); and

(iv) Area Committees established under subsection (j).

(M) A fish and wildlife response plan, de-veloped in consultation with the United States Fish and Wildlife Service, the Na-tional Oceanic and Atmospheric Administra-tion, and other interested parties (including State fish and wildlife conservation offi-cials), for the immediate and effective pro-tection, rescue, and rehabilitation of, and the minimization of risk of damage to, fish and wildlife resources and their habitat that are harmed or that may be jeopardized by a discharge.

(3) Revisions and amendments

The President may, from time to time, as the President deems advisable, revise or other-wise amend the National Contingency Plan.

(4) Actions in accordance with National Con-tingency Plan

After publication of the National Contin-gency Plan, the removal of oil and hazardous substances and actions to minimize damage from oil and hazardous substance discharges shall, to the greatest extent possible, be in ac-cordance with the National Contingency Plan.

(e) Civil enforcement

(1) Orders protecting public health

In addition to any action taken by a State or local government, when the President de-termines that there may be an imminent and substantial threat to the public health or wel-fare of the United States, including fish, shell-fish, and wildlife, public and private property, shorelines, beaches, habitat, and other living and nonliving natural resources under the ju-risdiction or control of the United States, be-cause of an actual or threatened discharge of oil or a hazardous substance from a vessel or facility in violation of subsection (b), the President may—

(A) require the Attorney General to secure any relief from any person, including the owner or operator of the vessel or facility, as may be necessary to abate such endanger-ment; or

(B) after notice to the affected State, take any other action under this section, includ-ing issuing administrative orders, that may be necessary to protect the public health and welfare.

(2) Jurisdiction of district courts

The district courts of the United States shall have jurisdiction to grant any relief under this subsection that the public interest and the equities of the case may require.


(f) Liability for actual costs of removal

(1) Except where an owner or operator can prove that a discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of a third party without regard to whether any such act or omission was or was not negligent, or any combination of the foregoing clauses, such owner or operator of any vessel from which oil or a hazardous substance is discharged in violation of subsection (b)(3) of this section shall, notwithstanding any other provision of law, be liable to the United States Government for the actual costs incurred under subsection (c) for the removal of such oil or sub-stance by the United States Government in an amount not to exceed, in the case of an inland oil barge $125 per gross ton of such barge, or $125,000, whichever is greater, and in the case of any other vessel, $150 per gross ton of such ves-sel (or, for a vessel carrying oil or hazardous substances as cargo, $250,000), whichever is greater, except that where the United States can show that such discharge was the result of will-ful negligence or willful misconduct within the privity and knowledge of the owner, such owner or operator shall be liable to the United States Government for the full amount of such costs. Such costs shall constitute a maritime lien on such vessel which may be recovered in an action in rem in the district court of the United States for any district within which any vessel may be found. The United States may also bring an ac-tion against the owner or operator of such vessel in any court of competent jurisdiction to re-cover such costs.

(2) Except where an owner or operator of an onshore facility can prove that a discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of a third party without regard to whether any such act or omission was or was not negligent, or any combination of the foregoing clauses, such owner or operator of any such facility from which oil or a hazardous substance is discharged in violation of subsection (b)(3) of this section shall be liable to the United States Government for the actual costs incurred under subsection (c) for the removal of such oil or substance by the United States Government in an amount not to exceed $50,000,000, except that where the United States can show that such discharge was the result of willful negligence or willful mis-conduct within the privity and knowledge of the owner, such owner or operator shall be liable to the United States Government for the full amount of such costs. The United States may bring an action against the owner or operator of such facility in any court of competent jurisdic-tion to recover such costs. The Administrator is authorized, by regulation, after consultation with the Secretary of Commerce and the Small Business Administration, to establish reason-able and equitable classifications of those on-shore facilities having a total fixed storage ca-pacity of 1,000 barrels or less which he deter-mines because of size, type, and location do not present a substantial risk of the discharge of oil or a hazardous substance in violation of sub-section (b)(3) of this section, and apply with re-

spect to such classifications differing limits of liability which may be less than the amount contained in this paragraph.

(3) Except where an owner or operator of an offshore facility can prove that a discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of a third party without regard to whether any such act or omission was or was not negligent, or any combination of the foregoing clauses, such owner or operator of any such facility from which oil or a hazardous substance is discharged in violation of subsection (b)(3) of this section shall, notwithstanding any other provision of law, be liable to the United States Government for the actual costs incurred under subsection (c) for the removal of such oil or substance by the United States Government in an amount not to exceed $50,000,000, except that where the United States can show that such discharge was the result of willful negligence or willful mis-conduct within the privity and knowledge of the owner, such owner or operator shall be liable to the United States Government for the full amount of such costs. The United States may bring an action against the owner or operator of such a facility in any court of competent juris-diction to recover such costs.

(4) The costs of removal of oil or a hazardous substance for which the owner or operator of a vessel or onshore or offshore facility is liable under subsection (f) of this section shall include any costs or expenses incurred by the Federal Government or any State government in the res-toration or replacement of natural resources damaged or destroyed as a result of a discharge of oil or a hazardous substance in violation of subsection (b) of this section.

(5) The President, or the authorized represent-ative of any State, shall act on behalf of the public as trustee of the natural resources to re-cover for the costs of replacing or restoring such resources. Sums recovered shall be used to re-store, rehabilitate, or acquire the equivalent of such natural resources by the appropriate agen-cies of the Federal Government, or the State government.

(g) Third party liability

Where the owner or operator of a vessel (other than an inland oil barge) carrying oil or hazard-ous substances as cargo or an onshore or off-shore facility which handles or stores oil or haz-ardous substances in bulk, from which oil or a hazardous substance is discharged in violation of subsection (b) of this section, alleges that such discharge was caused solely by an act or omission of a third party, such owner or opera-tor shall pay to the United States Government the actual costs incurred under subsection (c) for removal of such oil or substance and shall be entitled by subrogation to all rights of the United States Government to recover such costs from such third party under this subsection. In any case where an owner or operator of a vessel, of an onshore facility, or of an offshore facility, from which oil or a hazardous substance is dis-charged in violation of subsection (b)(3) of this section, proves that such discharge of oil or haz-ardous substance was caused solely by an act or


3 So in original. Probably should not be capitalized.

omission of a third party, or was caused solely by such an act or omission in combination with an act of God, an act of war, or negligence on the part of the United States Government, such third party shall, notwithstanding any other provision of law, be liable to the United States Government for the actual costs incurred under subsection (c) for removal of such oil or sub-stance by the United States Government, except where such third party can prove that such dis-charge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of another party without regard to whether such act or omission was or was not negligent, or any combination of the foregoing clauses. If such third party was the owner or op-erator of a vessel which caused the discharge of oil or a hazardous substance in violation of sub-section (b)(3) of this section, the liability of such third party under this subsection shall not ex-ceed, in the case of an inland oil barge $125 per gross ton of such barge, or $125,000, whichever is greater, and in the case of any other vessel, $150 per gross ton of such vessel (or, for a vessel car-rying oil or hazardous substances as cargo, $250,000), whichever is greater. In any other case the liability of such third party shall not exceed the limitation which would have been applicable to the owner or operator of the vessel or the on-shore or offshore facility from which the dis-charge actually occurred if such owner or opera-tor were liable. If the United States can show that the discharge of oil or a hazardous sub-stance in violation of subsection (b)(3) of this section was the result of willful negligence or willful misconduct within the privity and knowledge of such third party, such third party shall be liable to the United States Government for the full amount of such removal costs. The United States may bring an action against the third party in any court of competent jurisdic-tion to recover such removal costs.

(h) Rights against third parties who caused or contributed to discharge

The liabilities established by this section shall in no way affect any rights which (1) the owner or operator of a vessel or of an onshore facility or an offshore facility may have against any third party whose acts may in any way have caused or contributed to such discharge, or (2) The 3 United States Government may have against any third party whose actions may in any way have caused or contributed to the dis-charge of oil or hazardous substance.

(i) Recovery of removal costs

In any case where an owner or operator of a vessel or an onshore facility or an offshore facil-ity from which oil or a hazardous substance is discharged in violation of subsection (b)(3) of this section acts to remove such oil or substance in accordance with regulations promulgated pursuant to this section, such owner or operator shall be entitled to recover the reasonable costs incurred in such removal upon establishing, in a suit which may be brought against the United States Government in the United States Court of Federal Claims, that such discharge was

caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of a third party without regard to whether such act or omission was or was not negligent, or of any combination of the foregoing causes.

(j) National Response System

(1) In general

Consistent with the National Contingency Plan required by subsection (c)(2) 2 of this sec-tion, as soon as practicable after October 18, 1972, and from time to time thereafter, the President shall issue regulations consistent with maritime safety and with marine and navigation laws (A) establishing methods and procedures for removal of discharged oil and hazardous substances, (B) establishing criteria for the development and implementation of local and regional oil and hazardous substance removal contingency plans, (C) establishing procedures, methods, and equipment and other requirements for equipment to prevent dis-charges of oil and hazardous substances from vessels and from onshore facilities and off-shore facilities, and to contain such dis-charges, and (D) governing the inspection of vessels carrying cargoes of oil and hazardous substances and the inspection of such cargoes in order to reduce the likelihood of discharges of oil from vessels in violation of this section.

(2) National Response Unit

The Secretary of the department in which the Coast Guard is operating shall establish a National Response Unit at Elizabeth City, North Carolina. The Secretary, acting through the National Response Unit—

(A) shall compile and maintain a compre-hensive computer list of spill removal re-sources, personnel, and equipment that is available worldwide and within the areas designated by the President pursuant to paragraph (4), and of information regarding previous spills, including data from univer-sities, research institutions, State govern-ments, and other nations, as appropriate, which shall be disseminated as appropriate to response groups and area committees, and which shall be available to Federal and State agencies and the public;

(B) shall provide technical assistance, equipment, and other resources requested by a Federal On-Scene Coordinator;

(C) shall coordinate use of private and pub-lic personnel and equipment to remove a worst case discharge, and to mitigate or pre-vent a substantial threat of such a dis-charge, from a vessel, offshore facility, or onshore facility operating in or near an area designated by the President pursuant to paragraph (4);

(D) may provide technical assistance in the preparation of Area Contingency Plans required under paragraph (4);

(E) shall administer Coast Guard strike teams established under the National Con-tingency Plan;

(F) shall maintain on file all Area Contin-gency Plans approved by the President under this subsection; and


(G) shall review each of those plans that affects its responsibilities under this sub-section.

(3) Coast Guard District Response Groups

(A) The Secretary of the department in which the Coast Guard is operating shall es-tablish in each Coast Guard district a Coast Guard District Response Group.

(B) Each Coast Guard District Response Group shall consist of—

(i) the Coast Guard personnel and equip-ment, including firefighting equipment, of each port within the district;

(ii) additional prepositioned equipment; and

(iii) a district response advisory staff.

(C) Coast Guard district response groups— (i) shall provide technical assistance,

equipment, and other resources when re-quired by a Federal On-Scene Coordinator;

(ii) shall maintain all Coast Guard re-sponse equipment within its district;

(iii) may provide technical assistance in the preparation of Area Contingency Plans required under paragraph (4); and

(iv) shall review each of those plans that affect its area of geographic responsibility.

(4) Area Committees and Area Contingency Plans

(A) There is established for each area des-ignated by the President an Area Committee comprised of members appointed by the Presi-dent from qualified—

(i) personnel of Federal, State, and local agencies; and

(ii) members of federally recognized Indian tribes, where applicable.

(B) Each Area Committee, under the direc-tion of the Federal On-Scene Coordinator for its area, shall—

(i) prepare for its area the Area Contin-gency Plan required under subparagraph (C);

(ii) work with State, local, and tribal offi-cials to enhance the contingency planning of those officials and to assure preplanning of joint response efforts, including appropriate procedures for mechanical recovery, disper-sal, shoreline cleanup, protection of sen-sitive environmental areas, and protection, rescue, and rehabilitation of fisheries and wildlife, including advance planning with re-spect to the closing and reopening of fishing areas following a discharge; and

(iii) work with State, local, and tribal offi-cials to expedite decisions for the use of dispersants and other mitigating substances and devices.

(C) Each Area Committee shall prepare and submit to the President for approval an Area Contingency Plan for its area. The Area Con-tingency Plan shall—

(i) when implemented in conjunction with the National Contingency Plan, be adequate to remove a worst case discharge, and to mitigate or prevent a substantial threat of such a discharge, from a vessel, offshore fa-cility, or onshore facility operating in or near the area;

(ii) describe the area covered by the plan, including the areas of special economic or environmental importance that might be damaged by a discharge;

(iii) describe in detail the responsibilities of an owner or operator and of Federal, State, and local agencies in removing a dis-charge, and in mitigating or preventing a substantial threat of a discharge;

(iv) list the equipment (including firefight-ing equipment), dispersants or other miti-gating substances and devices, and personnel available to an owner or operator, Federal, State, and local agencies, and tribal govern-ments, to ensure an effective and immediate removal of a discharge, and to ensure miti-gation or prevention of a substantial threat of a discharge;

(v) compile a list of local scientists, both inside and outside Federal Government serv-ice, with expertise in the environmental ef-fects of spills of the types of oil typically transported in the area, who may be con-tacted to provide information or, where ap-propriate, participate in meetings of the sci-entific support team convened in response to a spill, and describe the procedures to be fol-lowed for obtaining an expedited decision re-garding the use of dispersants;

(vi) describe in detail how the plan is inte-grated into other Area Contingency Plans and vessel, offshore facility, and onshore fa-cility response plans approved under this subsection, and into operating procedures of the National Response Unit;

(vii) include a framework for advance plan-ning and decisionmaking with respect to the closing and reopening of fishing areas fol-lowing a discharge, including protocols and standards for the closing and reopening of fishing areas;

(viii) include any other information the President requires; and

(ix) be updated periodically by the Area Committee.

(D) The President shall— (i) review and approve Area Contingency

Plans under this paragraph; and (ii) periodically review Area Contingency

Plans so approved.

(5) Tank vessel, nontank vessel, and facility re-sponse plans

(A)(i) The President shall issue regulations which require an owner or operator of a tank vessel or facility described in subparagraph (C) to prepare and submit to the President a plan for responding, to the maximum extent prac-ticable, to a worst case discharge, and to a substantial threat of such a discharge, of oil or a hazardous substance.

(ii) The President shall also issue regula-tions which require an owner or operator of a nontank vessel to prepare and submit to the President a plan for responding, to the maxi-mum extent practicable, to a worst case dis-charge, and to a substantial threat of such a discharge, of oil.

(B) The Secretary of the Department in which the Coast Guard is operating may issue regulations which require an owner or opera-


tor of a tank vessel, a nontank vessel, or a fa-cility described in subparagraph (C) that transfers noxious liquid substances in bulk to or from a vessel to prepare and submit to the Secretary a plan for responding, to the maxi-mum extent practicable, to a worst case dis-charge, and to a substantial threat of such a discharge, of a noxious liquid substance that is not designated as a hazardous substance or regulated as oil in any other law or regulation. For purposes of this paragraph, the term ‘‘nox-ious liquid substance’’ has the same meaning when that term is used in the MARPOL Proto-col described in section 1901(a)(3) 2 of this title.

(C) The tank vessels, nontank vessels, and facilities referred to in subparagraphs (A) and (B) are the following:

(i) A tank vessel, as defined under section 2101 of title 46.

(ii) A nontank vessel. (iii) An offshore facility. (iv) An onshore facility that, because of its

location, could reasonably be expected to cause substantial harm to the environment by discharging into or on the navigable wa-ters, adjoining shorelines, or the exclusive economic zone.

(D) A response plan required under this para-graph shall—

(i) be consistent with the requirements of the National Contingency Plan and Area Contingency Plans;

(ii) identify the qualified individual having full authority to implement removal ac-tions, and require immediate communica-tions between that individual and the appro-priate Federal official and the persons pro-viding personnel and equipment pursuant to clause (iii);

(iii) identify, and ensure by contract or other means approved by the President the availability of, private personnel and equip-ment necessary to remove to the maximum extent practicable a worst case discharge (including a discharge resulting from fire or explosion), and to mitigate or prevent a sub-stantial threat of such a discharge;

(iv) describe the training, equipment test-ing, periodic unannounced drills, and re-sponse actions of persons on the vessel or at the facility, to be carried out under the plan to ensure the safety of the vessel or facility and to mitigate or prevent the discharge, or the substantial threat of a discharge;

(v) be updated periodically; and (vi) be resubmitted for approval of each

significant change.

(E) With respect to any response plan sub-mitted under this paragraph for an onshore fa-cility that, because of its location, could rea-sonably be expected to cause significant and substantial harm to the environment by dis-charging into or on the navigable waters or adjoining shorelines or the exclusive economic zone, and with respect to each response plan submitted under this paragraph for a tank ves-sel, nontank vessel, or offshore facility, the President shall—

(i) promptly review such response plan; (ii) require amendments to any plan that

does not meet the requirements of this para-graph;

(iii) approve any plan that meets the re-quirements of this paragraph;

(iv) review each plan periodically there-after; and

(v) in the case of a plan for a nontank ves-sel, consider any applicable State-mandated response plan in effect on August 9, 2004, and ensure consistency to the extent practicable.

(F) A tank vessel, nontank vessel, offshore facility, or onshore facility required to pre-pare a response plan under this subsection may not handle, store, or transport oil un-less—

(i) in the case of a tank vessel, nontank vessel, offshore facility, or onshore facility for which a response plan is reviewed by the President under subparagraph (E), the plan has been approved by the President; and

(ii) the vessel or facility is operating in compliance with the plan.

(G) Notwithstanding subparagraph (E), the President may authorize a tank vessel, nontank vessel, offshore facility, or onshore facility to operate without a response plan ap-proved under this paragraph, until not later than 2 years after the date of the submission to the President of a plan for the tank vessel, nontank vessel, or facility, if the owner or op-erator certifies that the owner or operator has ensured by contract or other means approved by the President the availability of private personnel and equipment necessary to re-spond, to the maximum extent practicable, to a worst case discharge or a substantial threat of such a discharge.

(H) The owner or operator of a tank vessel, nontank vessel, offshore facility, or onshore facility may not claim as a defense to liability under title I of the Oil Pollution Act of 1990 [33 U.S.C. 2701 et seq.] that the owner or operator was acting in accordance with an approved re-sponse plan.

(I) The Secretary shall maintain, in the Ves-sel Identification System established under chapter 125 of title 46, the dates of approval and review of a response plan under this para-graph for each tank vessel and nontank vessel that is a vessel of the United States.

(6) Equipment requirements and inspection

The President may require— (A) periodic inspection of containment

booms, skimmers, vessels, and other major equipment used to remove discharges; and

(B) vessels operating on navigable waters and carrying oil or a hazardous substance in bulk as cargo, and nontank vessels carrying oil of any kind as fuel for main propulsion, to carry appropriate removal equipment that employs the best technology economi-cally feasible and that is compatible with the safe operation of the vessel.

(7) Area drills

The President shall periodically conduct drills of removal capability, without prior no-tice, in areas for which Area Contingency Plans are required under this subsection and under relevant tank vessel, nontank vessel, and facility response plans. The drills may in-clude participation by Federal, State, and


local agencies, the owners and operators of vessels and facilities in the area, and private industry. The President may publish annual reports on these drills, including assessments of the effectiveness of the plans and a list of amendments made to improve plans.

(8) United States Government not liable

The United States Government is not liable for any damages arising from its actions or omissions relating to any response plan re-quired by this section.

(k) Repealed. Pub. L. 101–380, title II, § 2002(b)(2), Aug. 18, 1990, 104 Stat. 507

(l) Administration

The President is authorized to delegate the ad-ministration of this section to the heads of those Federal departments, agencies, and instru-mentalities which he determines to be appro-priate. Each such department, agency, and in-strumentality, in order to avoid duplication of effort, shall, whenever appropriate, utilize the personnel, services, and facilities of other Fed-eral departments, agencies, and instrumental-ities.

(m) Administrative provisions

(1) For vessels

Anyone authorized by the President to en-force the provisions of this section with re-spect to any vessel may, except as to public vessels—

(A) board and inspect any vessel upon the navigable waters of the United States or the waters of the contiguous zone,

(B) with or without a warrant, arrest any person who in the presence or view of the au-thorized person violates the provisions of this section or any regulation issued there-under, and

(C) execute any warrant or other process issued by an officer or court of competent jurisdiction.

(2) For facilities

(A) Recordkeeping

Whenever required to carry out the pur-poses of this section, the Administrator, the Secretary of Transportation, or the Sec-retary of the Department in which the Coast Guard is operating shall require the owner or operator of a facility to which this sec-tion applies to establish and maintain such records, make such reports, install, use, and maintain such monitoring equipment and methods, and provide such other informa-tion as the Administrator or Secretary, as the case may be, may require to carry out the objectives of this section.

(B) Entry and inspection

Whenever required to carry out the pur-poses of this section, the Administrator, the Secretary of Transportation, or the Sec-retary of the Department in which the Coast Guard is operating or an authorized rep-resentative of the Administrator or Sec-retary, upon presentation of appropriate cre-dentials, may—

(i) enter and inspect any facility to which this section applies, including any

facility at which any records are required to be maintained under subparagraph (A); and

(ii) at reasonable times, have access to and copy any records, take samples, and inspect any monitoring equipment or methods required under subparagraph (A).

(C) Arrests and execution of warrants

Anyone authorized by the Administrator or the Secretary of the department in which the Coast Guard is operating to enforce the provisions of this section with respect to any facility may—

(i) with or without a warrant, arrest any person who violates the provisions of this section or any regulation issued there-under in the presence or view of the person so authorized; and

(ii) execute any warrant or process is-sued by an officer or court of competent jurisdiction.

(D) Public access

Any records, reports, or information ob-tained under this paragraph shall be subject to the same public access and disclosure re-quirements which are applicable to records, reports, and information obtained pursuant to section 1318 of this title.

(n) Jurisdiction

The several district courts of the United States are invested with jurisdiction for any ac-tions, other than actions pursuant to subsection (i)(l),2 arising under this section. In the case of Guam and the Trust Territory of the Pacific Is-lands, such actions may be brought in the dis-trict court of Guam, and in the case of the Vir-gin Islands such actions may be brought in the district court of the Virgin Islands. In the case of American Samoa and the Trust Territory of the Pacific Islands, such actions may be brought in the District Court of the United States for the District of Hawaii and such court shall have jurisdiction of such actions. In the case of the Canal Zone, such actions may be brought in the United States District Court for the District of the Canal Zone.

(o) Obligation for damages unaffected; local au-thority not preempted; existing Federal au-thority not modified or affected

(1) Nothing in this section shall affect or mod-ify in any way the obligations of any owner or operator of any vessel, or of any owner or opera-tor of any onshore facility or offshore facility to any person or agency under any provision of law for damages to any publicly owned or privately owned property resulting from a discharge of any oil or hazardous substance or from the re-moval of any such oil or hazardous substance.

(2) Nothing in this section shall be construed as preempting any State or political subdivision thereof from imposing any requirement or li-ability with respect to the discharge of oil or hazardous substance into any waters within such State, or with respect to any removal ac-tivities related to such discharge.

(3) Nothing in this section shall be construed as affecting or modifying any other existing au-thority of any Federal department, agency, or


instrumentality, relative to onshore or offshore facilities under this chapter or any other provi-sion of law, or to affect any State or local law not in conflict with this section.

(p) Repealed. Pub. L. 101–380, title II, § 2002(b)(4), Aug. 18, 1990, 104 Stat. 507

(q) Establishment of maximum limit of liability with respect to onshore or offshore facilities

The President is authorized to establish, with respect to any class or category of onshore or offshore facilities, a maximum limit of liability under subsections (f)(2) and (3) of this section of less than $50,000,000, but not less than $8,000,000.

(r) Liability limitations not to limit liability under other legislation

Nothing in this section shall be construed to impose, or authorize the imposition of, any limi-tation on liability under the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] or the Deepwater Port Act of 1974 [33 U.S.C. 1501 et seq.].

(s) Oil Spill Liability Trust Fund

The Oil Spill Liability Trust Fund established under section 9509 of title 26 shall be available to carry out subsections (b), (c), (d), (j), and (l) as those subsections apply to discharges, and sub-stantial threats of discharges, of oil. Any amounts received by the United States under this section shall be deposited in the Oil Spill Liability Trust Fund except as provided in sub-section (t).

(t) Gulf Coast restoration and recovery

(1) State allocation and expenditures

(A) In general

Of the total amounts made available in any fiscal year from the Trust Fund, 35 per-cent shall be available, in accordance with the requirements of this section, to the Gulf Coast States in equal shares for expenditure for ecological and economic restoration of the Gulf Coast region in accordance with this subsection.

(B) Use of funds

(i) Eligible activities in the Gulf Coast re-gion

Subject to clause (iii), amounts provided to the Gulf Coast States under this sub-section may only be used to carry out 1 or more of the following activities in the Gulf Coast region:

(I) Restoration and protection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region.

(II) Mitigation of damage to fish, wild-life, and natural resources.

(III) Implementation of a federally ap-proved marine, coastal, or comprehen-sive conservation management plan, in-cluding fisheries monitoring.

(IV) Workforce development and job creation.

(V) Improvements to or on State parks located in coastal areas affected by the Deepwater Horizon oil spill.

(VI) Infrastructure projects benefitting the economy or ecological resources, in-cluding port infrastructure.

(VII) Coastal flood protection and re-lated infrastructure.

(VIII) Planning assistance. (IX) Administrative costs of complying

with this subsection.

(ii) Activities to promote tourism and sea-food in the Gulf Coast region

Amounts provided to the Gulf Coast States under this subsection may be used to carry out 1 or more of the following ac-tivities:

(I) Promotion of tourism in the Gulf Coast Region, including recreational fishing.

(II) Promotion of the consumption of seafood harvested from the Gulf Coast Region.

(iii) Limitation

(I) In general

Of the amounts received by a Gulf Coast State under this subsection, not more than 3 percent may be used for ad-ministrative costs eligible under clause (i)(IX).

(II) Claims for compensation

Activities funded under this subsection may not be included in any claim for compensation paid out by the Oil Spill Liability Trust Fund after July 6, 2012.

(C) Coastal political subdivisions

(i) Distribution

In the case of a State where the coastal zone includes the entire State—

(I) 75 percent of funding shall be pro-vided directly to the 8 disproportion-ately affected counties impacted by the Deepwater Horizon oil spill; and

(II) 25 percent shall be provided di-rectly to nondisproportionately im-pacted counties within the State.

(ii) Nondisproportionately impacted coun-ties

The total amounts made available to coastal political subdivisions in the State of Florida under clause (i)(II) shall be dis-tributed according to the following weighted formula:

(I) 34 percent based on the weighted av-erage of the population of the county.

(II) 33 percent based on the weighted average of the county per capita sales tax collections estimated for fiscal year 2012.

(III) 33 percent based on the inverse proportion of the weighted average dis-tance from the Deepwater Horizon oil rig to each of the nearest and farthest points of the shoreline.

(D) Louisiana

(i) In general

Of the total amounts made available to the State of Louisiana under this para-graph:


(I) 70 percent shall be provided directly to the State in accordance with this sub-section.

(II) 30 percent shall be provided di-rectly to parishes in the coastal zone (as defined in section 1453 of title 16) of the State of Louisiana according to the fol-lowing weighted formula:

(aa) 40 percent based on the weighted average of miles of the parish shoreline oiled.

(bb) 40 percent based on the weighted average of the population of the parish.

(cc) 20 percent based on the weighted average of the land mass of the parish.

(ii) Conditions

(I) Land use plan

As a condition of receiving amounts al-located under this paragraph, the chief executive of the eligible parish shall cer-tify to the Governor of the State that the parish has completed a comprehen-sive land use plan.

(II) Other conditions

A coastal political subdivision receiv-ing funding under this paragraph shall meet all of the conditions in subpara-graph (E).

(E) Conditions

As a condition of receiving amounts from the Trust Fund, a Gulf Coast State, includ-ing the entities described in subparagraph (F), or a coastal political subdivision shall—

(i) agree to meet such conditions, includ-ing audit requirements, as the Secretary of the Treasury determines necessary to ensure that amounts disbursed from the Trust Fund will be used in accordance with this subsection;

(ii) certify in such form and in such man-ner as the Secretary of the Treasury deter-mines necessary that the project or pro-gram for which the Gulf Coast State or coastal political subdivision is requesting amounts—

(I) is designed to restore and protect the natural resources, ecosystems, fish-eries, marine and wildlife habitats, beaches, coastal wetlands, or economy of the Gulf Coast;

(II) carries out 1 or more of the activi-ties described in clauses (i) and (ii) of subparagraph (B);

(III) was selected based on meaningful input from the public, including broad- based participation from individuals, businesses, and nonprofit organizations; and

(IV) in the case of a natural resource protection or restoration project, is based on the best available science;

(iii) certify that the project or program and the awarding of a contract for the ex-penditure of amounts received under this paragraph are consistent with the stand-ard procurement rules and regulations governing a comparable project or pro-gram in that State, including all applica-

ble competitive bidding and audit require-ments; and

(iv) develop and submit a multiyear im-plementation plan for the use of such amounts, which may include milestones, projected completion of each activity, and a mechanism to evaluate the success of each activity in helping to restore and pro-tect the Gulf Coast region impacted by the Deepwater Horizon oil spill.

(F) Approval by State entity, task force, or agency

The following Gulf Coast State entities, task forces, or agencies shall carry out the duties of a Gulf Coast State pursuant to this paragraph:

(i) Alabama

(I) In general

In the State of Alabama, the Alabama Gulf Coast Recovery Council, which shall be comprised of only the following:

(aa) The Governor of Alabama, who shall also serve as Chairperson and pre-side over the meetings of the Alabama Gulf Coast Recovery Council.

(bb) The Director of the Alabama State Port Authority, who shall also serve as Vice Chairperson and preside over the meetings of the Alabama Gulf Coast Recovery Council in the absence of the Chairperson.

(cc) The Chairman of the Baldwin County Commission.

(dd) The President of the Mobile County Commission.

(ee) The Mayor of the city of Bayou La Batre.

(ff) The Mayor of the town of Dau-phin Island.

(gg) The Mayor of the city of Fairhope.

(hh) The Mayor of the city of Gulf Shores.

(ii) The Mayor of the city of Mobile. (jj) The Mayor of the city of Orange

Beach.

(II) Vote

Each member of the Alabama Gulf Coast Recovery Council shall be entitled to 1 vote.

(III) Majority vote

All decisions of the Alabama Gulf Coast Recovery Council shall be made by majority vote.

(IV) Limitation on administrative ex-penses

Administrative duties for the Alabama Gulf Coast Recovery Council may only be performed by public officials and em-ployees that are subject to the ethics laws of the State of Alabama.

(ii) Louisiana

In the State of Louisiana, the Coastal Protection and Restoration Authority of Louisiana.


(iii) Mississippi

In the State of Mississippi, the Mis-sissippi Department of Environmental Quality.

(iv) Texas

In the State of Texas, the Office of the Governor or an appointee of the Office of the Governor.

(G) Compliance with eligible activities

If the Secretary of the Treasury deter-mines that an expenditure by a Gulf Coast State or coastal political subdivision of amounts made available under this sub-section does not meet one of the activities described in clauses (i) and (ii) of subpara-graph (B), the Secretary shall make no addi-tional amounts from the Trust Fund avail-able to that Gulf Coast State or coastal po-litical subdivision until such time as an amount equal to the amount expended for the unauthorized use—

(i) has been deposited by the Gulf Coast State or coastal political subdivision in the Trust Fund; or

(ii) has been authorized by the Secretary of the Treasury for expenditure by the Gulf Coast State or coastal political sub-division for a project or program that meets the requirements of this subsection.

(H) Compliance with conditions

If the Secretary of the Treasury deter-mines that a Gulf Coast State or coastal po-litical subdivision does not meet the require-ments of this paragraph, including the con-ditions of subparagraph (E), where applica-ble, the Secretary of the Treasury shall make no amounts from the Trust Fund available to that Gulf Coast State or coastal political subdivision until all conditions of this paragraph are met.

(I) Public input

In meeting any condition of this para-graph, a Gulf Coast State may use an appro-priate procedure for public consultation in that Gulf Coast State, including consulting with one or more established task forces or other entities, to develop recommendations for proposed projects and programs that would restore and protect the natural re-sources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast.

(J) Previously approved projects and pro-grams

A Gulf Coast State or coastal political subdivision shall be considered to have met the conditions of subparagraph (E) for a spe-cific project or program if, before July 6, 2012—

(i) the Gulf Coast State or coastal politi-cal subdivision has established conditions for carrying out projects and programs that are substantively the same as the conditions described in subparagraph (E); and

(ii) the applicable project or program carries out 1 or more of the activities de-

scribed in clauses (i) and (ii) of subpara-graph (B).

(K) Local preference

In awarding contracts to carry out a project or program under this paragraph, a Gulf Coast State or coastal political subdivi-sion may give a preference to individuals and companies that reside in, are headquar-tered in, or are principally engaged in busi-ness in the State of project execution.

(L) Unused funds

Funds allocated to a State or coastal po-litical subdivision under this paragraph shall remain in the Trust Fund until such time as the State or coastal political sub-division develops and submits a plan identi-fying uses for those funds in accordance with subparagraph (E)(iv).

(M) Judicial review

If the Secretary of the Treasury deter-mines that a Gulf Coast State or coastal po-litical subdivision does not meet the require-ments of this paragraph, including the con-ditions of subparagraph (E), the Gulf Coast State or coastal political subdivision may obtain expedited judicial review within 90 days after that decision in a district court of the United States, of appropriate jurisdic-tion and venue, that is located within the State seeking the review.

(N) Cost-sharing

(i) In general

A Gulf Coast State or coastal political subdivision may use, in whole or in part, amounts made available under this para-graph to that Gulf Coast State or coastal political subdivision to satisfy the non- Federal share of the cost of any project or program authorized by Federal law that is an eligible activity described in clauses (i) and (ii) of subparagraph (B).

(ii) Effect on other funds

The use of funds made available from the Trust Fund to satisfy the non-Federal share of the cost of a project or program that meets the requirements of clause (i) shall not affect the priority in which other Federal funds are allocated or awarded.

(2) Council establishment and allocation

(A) In general

Of the total amount made available in any fiscal year from the Trust Fund, 30 percent shall be disbursed to the Council to carry out the Comprehensive Plan.

(B) Council expenditures

(i) In general

In accordance with this paragraph, the Council shall expend funds made available from the Trust Fund to undertake projects and programs, using the best available science, that would restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast.


(ii) Allocation and expenditure procedures

The Secretary of the Treasury shall de-velop such conditions, including audit re-quirements, as the Secretary of the Treas-ury determines necessary to ensure that amounts disbursed from the Trust Fund to the Council to implement the Comprehen-sive Plan will be used in accordance with this paragraph.

(iii) Administrative expenses

Of the amounts received by the Council under this paragraph, not more than 3 per-cent may be used for administrative ex-penses, including staff.

(C) Gulf Coast Ecosystem Restoration Coun-cil

(i) Establishment

There is established as an independent entity in the Federal Government a coun-cil to be known as the ‘‘Gulf Coast Eco-system Restoration Council’’.

(ii) Membership

The Council shall consist of the follow-ing members, or in the case of a Federal agency, a designee at the level of the As-sistant Secretary or the equivalent:

(I) The Secretary of the Interior. (II) The Secretary of the Army. (III) The Secretary of Commerce. (IV) The Administrator of the Environ-

mental Protection Agency. (V) The Secretary of Agriculture. (VI) The head of the department in

which the Coast Guard is operating. (VII) The Governor of the State of Ala-

bama. (VIII) The Governor of the State of

Florida. (IX) The Governor of the State of Lou-

isiana. (X) The Governor of the State of Mis-

sissippi. (XI) The Governor of the State of

Texas.

(iii) Alternate

A Governor appointed to the Council by the President may designate an alternate to represent the Governor on the Council and vote on behalf of the Governor.

(iv) Chairperson

From among the Federal agency mem-bers of the Council, the representatives of States on the Council shall select, and the President shall appoint, 1 Federal member to serve as Chairperson of the Council.

(v) Presidential appointment

All Council members shall be appointed by the President.

(vi) Council actions

(I) In general

The following actions by the Council shall require the affirmative vote of the Chairperson and a majority of the State members to be effective:

(aa) Approval of a Comprehensive Plan and future revisions to a Compre-hensive Plan.

(bb) Approval of State plans pursu-ant to paragraph (3)(B)(iv).

(cc) Approval of reports to Congress pursuant to clause (vii)(VII).

(dd) Approval of transfers pursuant to subparagraph (E)(ii)(I).

(ee) Other significant actions deter-mined by the Council.

(II) Quorum

A majority of State members shall be required to be present for the Council to take any significant action.

(III) Affirmative vote requirement con-sidered met

For approval of State plans pursuant to paragraph (3)(B)(iv), the certification by a State member of the Council that the plan satisfies all requirements of clauses (i) and (ii) of paragraph (3)(B), when joined by an affirmative vote of the Federal Chairperson of the Council, shall be considered to satisfy the re-quirements for affirmative votes under subclause (I).

(IV) Public transparency

Appropriate actions of the Council, in-cluding significant actions and associ-ated deliberations, shall be made avail-able to the public via electronic means prior to any vote.

(vii) Duties of Council

The Council shall— (I) develop the Comprehensive Plan

and future revisions to the Comprehen-sive Plan;

(II) identify as soon as practicable the projects that—

(aa) have been authorized prior to July 6, 2012, but not yet commenced; and

(bb) if implemented quickly, would restore and protect the natural re-sources, ecosystems, fisheries, marine and wildlife habitats, beaches, barrier islands, dunes, and coastal wetlands of the Gulf Coast region;

(III) establish such other 1 or more ad-visory committees as may be necessary to assist the Council, including a sci-entific advisory committee and a com-mittee to advise the Council on public policy issues;

(IV) collect and consider scientific and other research associated with restora-tion of the Gulf Coast ecosystem, includ-ing research, observation, and monitor-ing carried out pursuant to sections 1604 and 1605 of the Resources and Eco-systems Sustainability, Tourist Opportu-nities, and Revived Economies of the Gulf Coast States Act of 2012;

(V) develop standard terms to include in contracts for projects and programs awarded pursuant to the Comprehensive Plan that provide a preference to indi-viduals and companies that reside in, are headquartered in, or are principally en-gaged in business in a Gulf Coast State;


(VI) prepare an integrated financial plan and recommendations for coordi-nated budget requests for the amounts proposed to be expended by the Federal agencies represented on the Council for projects and programs in the Gulf Coast States; and

(VII) submit to Congress an annual re-port that—

(aa) summarizes the policies, strate-gies, plans, and activities for address-ing the restoration and protection of the Gulf Coast region;

(bb) describes the projects and pro-grams being implemented to restore and protect the Gulf Coast region, in-cluding—

(AA) a list of each project and pro-gram;

(BB) an identification of the fund-ing provided to projects and pro-grams identified in subitem (AA);

(CC) an identification of each re-cipient for funding identified in subitem (BB); and

(DD) a description of the length of time and funding needed to complete the objectives of each project and program identified in subitem (AA);

(cc) makes such recommendations to Congress for modifications of existing laws as the Council determines nec-essary to implement the Comprehen-sive Plan;

(dd) reports on the progress on imple-mentation of each project or pro-gram—

(AA) after 3 years of ongoing activ-ity of the project or program, if ap-plicable; and

(BB) on completion of the project or program;

(ee) includes the information re-quired to be submitted under section 1605(c)(4) of the Resources and Eco-systems Sustainability, Tourist Oppor-tunities, and Revived Economies of the Gulf Coast States Act of 2012; and

(ff) submits the reports required under item (dd) to—

(AA) the Committee on Science, Space, and Technology, the Commit-tee on Natural Resources, the Com-mittee on Transportation and Infra-structure, and the Committee on Ap-propriations of the House of Rep-resentatives; and

(BB) the Committee on Environ-ment and Public Works, the Commit-tee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, and the Committee on Appropriations of the Senate.

(viii) Application of Federal Advisory Com-mittee Act

The Council, or any other advisory com-mittee established under this subpara-graph, shall not be considered an advisory

committee under the Federal Advisory Committee Act (5 U.S.C. App.).

(ix) Sunset

The authority for the Council, and any other advisory committee established under this subparagraph, shall terminate on the date all funds in the Trust Fund have been expended.

(D) Comprehensive plan

(i) Proposed plan

(I) In general

Not later than 180 days after July 6, 2012, the Chairperson, on behalf of the Council and after appropriate public input, review, and comment, shall pub-lish a proposed plan to restore and pro-tect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region.

(II) Inclusions

The proposed plan described in sub-clause (I) shall include and incorporate the findings and information prepared by the President’s Gulf Coast Restoration Task Force.

(ii) Publication

(I) Initial plan

Not later than 1 year after July 6, 2012, and after notice and opportunity for pub-lic comment, the Chairperson, on behalf of the Council and after approval by the Council, shall publish in the Federal Register the initial Comprehensive Plan to restore and protect the natural re-sources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coast-al wetlands of the Gulf Coast region.

(II) Cooperation with Gulf Coast Restora-tion Task Force

The Council shall develop the initial Comprehensive Plan in close coordina-tion with the President’s Gulf Coast Res-toration Task Force.

(III) Considerations

In developing the initial Comprehen-sive Plan and subsequent updates, the Council shall consider all relevant find-ings, reports, or research prepared or funded under section 1604 or 1605 of the Resources and Ecosystems Sustain-ability, Tourist Opportunities, and Re-vived Economies of the Gulf Coast States Act of 2012.

(IV) Contents

The initial Comprehensive Plan shall include—

(aa) such provisions as are necessary to fully incorporate in the Comprehen-sive Plan the strategy, projects, and programs recommended by the Presi-dent’s Gulf Coast Restoration Task Force;

(bb) a list of any project or program authorized prior to July 6, 2012, but not


yet commenced, the completion of which would further the purposes and goals of this subsection and of the Re-sources and Ecosystems Sustain-ability, Tourist Opportunities, and Re-vived Economies of the Gulf Coast States Act of 2012;

(cc) a description of the manner in which amounts from the Trust Fund projected to be made available to the Council for the succeeding 10 years will be allocated; and

(dd) subject to available funding in accordance with clause (iii), a prior-itized list of specific projects and pro-grams to be funded and carried out during the 3-year period immediately following the date of publication of the initial Comprehensive Plan, including a table that illustrates the distribution of projects and programs by the Gulf Coast State.

(V) Plan updates

The Council shall update— (aa) the Comprehensive Plan every 5

years in a manner comparable to the manner established in this subpara-graph for each 5-year period for which amounts are expected to be made available to the Gulf Coast States from the Trust Fund; and

(bb) the 3-year list of projects and programs described in subclause (IV)(dd) annually.

(iii) Restoration priorities

Except for projects and programs de-scribed in clause (ii)(IV)(bb), in selecting projects and programs to include on the 3- year list described in clause (ii)(IV)(dd), based on the best available science, the Council shall give highest priority to projects that address 1 or more of the fol-lowing criteria:

(I) Projects that are projected to make the greatest contribution to restoring and protecting the natural resources, ecosystems, fisheries, marine and wild-life habitats, beaches, and coastal wet-lands of the Gulf Coast region, without regard to geographic location within the Gulf Coast region.

(II) Large-scale projects and programs that are projected to substantially con-tribute to restoring and protecting the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast ecosystem.

(III) Projects contained in existing Gulf Coast State comprehensive plans for the restoration and protection of nat-ural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region.

(IV) Projects that restore long-term resiliency of the natural resources, eco-systems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands most impacted by the Deepwater Horizon oil spill.

(E) Implementation

(i) In general

The Council, acting through the Federal agencies represented on the Council and Gulf Coast States, shall expend funds made available from the Trust Fund to carry out projects and programs adopted in the Com-prehensive Plan.

(ii) Administrative responsibility

(I) In general

Primary authority and responsibility for each project and program included in the Comprehensive Plan shall be as-signed by the Council to a Gulf Coast State represented on the Council or a Federal agency.

(II) Transfer of amounts

Amounts necessary to carry out each project or program included in the Com-prehensive Plan shall be transferred by the Secretary of the Treasury from the Trust Fund to that Federal agency or Gulf Coast State as the project or pro-gram is implemented, subject to such conditions as the Secretary of the Treas-ury, in consultation with the Secretary of the Interior and the Secretary of Com-merce, established pursuant to section 1602 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012.

(III) Limitation on transfers

(aa) Grants to nongovernmental enti-ties

In the case of funds transferred to a Federal or State agency under sub-clause (II), the agency shall not make 1 or more grants or cooperative agree-ments to a nongovernmental entity if the total amount provided to the en-tity would equal or exceed 10 percent of the total amount provided to the agency for that particular project or program, unless the 1 or more grants have been reported in accordance with item (bb).

(bb) Reporting of grantees

At least 30 days prior to making a grant or entering into a cooperative agreement described in item (aa), the name of each grantee, including the amount and purpose of each grant or cooperative agreement, shall be pub-lished in the Federal Register and de-livered to the congressional commit-tees listed in subparagraph (C)(vii)(VII)(ff).

(cc) Annual reporting of grantees

Annually, the name of each grantee, including the amount and purposes of each grant or cooperative agreement, shall be published in the Federal Reg-ister and delivered to Congress as part of the report submitted pursuant to subparagraph (C)(vii)(VII).


4 So in original. Probably should be ‘‘consortium’’.

(IV) Project and program limitation

The Council, a Federal agency, or a State may not carry out a project or pro-gram funded under this paragraph out-side of the Gulf Coast region.

(F) Coordination

The Council and the Federal members of the Council may develop memoranda of un-derstanding establishing integrated funding and implementation plans among the mem-ber agencies and authorities.

(3) Oil spill restoration impact allocation

(A) In general

(i) Disbursement

Of the total amount made available from the Trust Fund, 30 percent shall be dis-bursed pursuant to the formula in clause (ii) to the Gulf Coast States on the ap-proval of the plan described in subpara-graph (B)(i).

(ii) Formula

Subject to subparagraph (B), for each Gulf Coast State, the amount disbursed under this paragraph shall be based on a formula established by the Council by reg-ulation that is based on a weighted aver-age of the following criteria:

(I) 40 percent based on the propor-tionate number of miles of shoreline in each Gulf Coast State that experienced oiling on or before April 10, 2011, com-pared to the total number of miles of shoreline that experienced oiling as a re-sult of the Deepwater Horizon oil spill.

(II) 40 percent based on the inverse pro-portion of the average distance from the mobile offshore drilling unit Deepwater

Horizon at the time of the explosion to the nearest and farthest point of the shoreline that experienced oiling of each Gulf Coast State.

(III) 20 percent based on the average population in the 2010 decennial census of coastal counties bordering the Gulf of Mexico within each Gulf Coast State.

(iii) Minimum allocation

The amount disbursed to a Gulf Coast State for each fiscal year under clause (ii) shall be at least 5 percent of the total amounts made available under this para-graph.

(B) Disbursement of funds

(i) In general

The Council shall disburse amounts to the respective Gulf Coast States in accord-ance with the formula developed under subparagraph (A) for projects, programs, and activities that will improve the eco-systems or economy of the Gulf Coast re-gion, subject to the condition that each Gulf Coast State submits a plan for the ex-penditure of amounts disbursed under this paragraph that meets the following cri-teria:

(I) All projects, programs, and activi-ties included in the plan are eligible ac-

tivities pursuant to clauses (i) and (ii) of paragraph (1)(B).

(II) The projects, programs, and activi-ties included in the plan contribute to the overall economic and ecological re-covery of the Gulf Coast.

(III) The plan takes into consideration the Comprehensive Plan and is consist-ent with the goals and objectives of the Plan, as described in paragraph (2)(B)(i).

(ii) Funding

(I) In general

Except as provided in subclause (II), the plan described in clause (i) may use not more than 25 percent of the funding made available for infrastructure projects eligible under subclauses (VI) and (VII) of paragraph (1)(B)(i).

(II) Exception

The plan described in clause (i) may propose to use more than 25 percent of the funding made available for infra-structure projects eligible under sub-clauses (VI) and (VII) of paragraph (1)(B)(i) if the plan certifies that—

(aa) ecosystem restoration needs in the State will be addressed by the projects in the proposed plan; and

(bb) additional investment in infra-structure is required to mitigate the impacts of the Deepwater Horizon Oil Spill to the ecosystem or economy.

(iii) Development

The plan described in clause (i) shall be developed by—

(I) in the State of Alabama, the Ala-bama Gulf Coast Recovery Council es-tablished under paragraph (1)(F)(i);

(II) in the State of Florida, a consor-tia 4 of local political subdivisions that includes at a minimum 1 representative of each affected county;

(III) in the State of Louisiana, the Coastal Protection and Restoration Au-thority of Louisiana;

(IV) in the State of Mississippi, the Of-fice of the Governor or an appointee of the Office of the Governor; and

(V) in the State of Texas, the Office of the Governor or an appointee of the Of-fice of the Governor.

(iv) Approval

Not later than 60 days after the date on which a plan is submitted under clause (i), the Council shall approve or disapprove the plan based on the conditions of clause (i).

(C) Disapproval

If the Council disapproves a plan pursuant to subparagraph (B)(iv), the Council shall—

(i) provide the reasons for disapproval in writing; and

(ii) consult with the State to address any identified deficiencies with the State plan.

(D) Failure to submit adequate plan

If a State fails to submit an adequate plan under this paragraph, any funds made avail-


able under this paragraph shall remain in the Trust Fund until such date as a plan is submitted and approved pursuant to this paragraph.

(E) Judicial review

If the Council fails to approve or take ac-tion within 60 days on a plan, as described in subparagraph (B)(iv), the State may obtain expedited judicial review within 90 days of that decision in a district court of the United States, of appropriate jurisdiction and venue, that is located within the State seeking the review.

(F) Cost-sharing

(i) In general

A Gulf Coast State or coastal political subdivision may use, in whole or in part, amounts made available to that Gulf Coast State or coastal political subdivision under this paragraph to satisfy the non- Federal share of any project or program that—

(I) is authorized by other Federal law; and

(II) is an eligible activity described in clause (i) or (ii) of paragraph (1)(B).

(ii) Effect on other funds

The use of funds made available from the Trust Fund under this paragraph to satisfy the non-Federal share of the cost of a project or program described in clause (i) shall not affect the priority in which other Federal funds are allocated or awarded.

(4) Authorization of interest transfers

Of the total amount made available for any fiscal year from the Trust Fund that is equal to the interest earned by the Trust Fund and proceeds from investments made by the Trust Fund in the preceding fiscal year—

(A) 50 percent shall be divided equally be-tween—

(i) the Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology program authorized in section 1604 of the Resources and Ecosystems Sus-tainability, Tourist Opportunities, and Re-vived Economies of the Gulf Coast States Act of 2012; and

(ii) the centers of excellence research grants authorized in section 1605 of that Act; and

(B) 50 percent shall be made available to the Gulf Coast Ecosystem Restoration Coun-cil to carry out the Comprehensive Plan pur-suant to paragraph (2).

(June 30, 1948, ch. 758, title III, § 311, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 862; amended Pub. L. 93–207, § 1(4), Dec. 28, 1973, 87 Stat. 906; Pub. L. 95–217, §§ 57, 58(a)–(g), (i), (k)–(m), Dec. 27, 1977, 91 Stat. 1593–1596; Pub. L. 95–576, § 1(b), Nov. 2, 1978, 92 Stat. 2467; Pub. L. 96–478, § 13(b), Oct. 21, 1980, 94 Stat. 2303; Pub. L. 96–483, § 8, Oct. 21, 1980, 94 Stat. 2362; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 97–164, title I, § 161(5), Apr. 2, 1982, 96 Stat. 49; Pub. L. 100–4, title V, § 502(b), Feb. 4, 1987, 101 Stat. 75; Pub. L. 101–380, title II,

§ 2002(b), title IV, §§ 4201(a), (b), (b)[(c)], 4202(a), (c), 4204, 4301(a), (b), 4305, 4306, Aug. 18, 1990, 104 Stat. 507, 523–527, 532, 533, 540, 541; Pub. L. 102–388, title III, § 349, Oct. 6, 1992, 106 Stat. 1554; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41; Pub. L. 104–324, title XI, §§ 1143, 1144, Oct. 19, 1996, 110 Stat. 3992; Pub. L. 105–383, title IV, § 411, Nov. 13, 1998, 112 Stat. 3432; Pub. L. 108–293, title VII, § 701(a), (b), (d), Aug. 9, 2004, 118 Stat. 1067, 1068; Pub. L. 109–241, title VI, § 608, title IX, § 901(i), July 11, 2006, 120 Stat. 558, 564; Pub. L. 112–90, § 10, Jan. 3, 2012, 125 Stat. 1912; Pub. L. 112–141, div. A, title I, § 1603, July 6, 2012, 126 Stat. 589; Pub. L. 113–281, title III, § 313, Dec. 18, 2014, 128 Stat. 3048.)

REFERENCES IN TEXT

The Resources and Ecosystems Sustainability, Tour-ist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012, referred to in subsecs. (a)(35) and (t)(2)(C)(vii)(IV), (VII)(ee), (D)(ii)(III), (IV)(bb), (E)(ii)(II), (4)(A), is subtitle F (§§ 1601–1608) of title I of div. A of Pub. L. 112–141, July 6, 2012, 126 Stat. 588, which is set out as a note below.

The Outer Continental Shelf Lands Act, referred to in subsecs. (b)(1), (2)(A), (3) and (r), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is classified gener-ally to subchapter III (§ 1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 43 and Tables.

The Deepwater Port Act of 1974, referred to in sub-secs. (b)(1), (2)(A), (3) and (r), is Pub. L. 93–627, Jan. 3, 1975, 88 Stat. 2126, as amended, which is classified gen-erally to chapter 29 (§ 1501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables.

The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b)(1), (2)(A), (3), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, as amended, which is classified principally to chapter 38 (§ 1801 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 16 and Tables.

The date of enactment of this paragraph, referred to in subsec. (b)(2)(B), probably means the date of enact-ment of Pub. L. 95–576, which amended subsec. (b)(2)(B) and which was approved Nov. 2, 1978.

The penalty enacted in subclause (bb) of clause (iii) of subparagraph (B) of subsection (b)(2) of section 311 of Public Law 92–500, referred to in subsec. (b)(2)(B), prob-ably means the penalty provision of subsec. (b)(2)(B)(iii)(bb) of this section as added by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 864, prior to the amend-ment to subsec. (b)(2)(B) by section 1(b)(3) of Pub. L. 95–576. Prior to amendment, subsec. (b)(2)(B)(iii)(bb) read as follows: ‘‘a penalty determined by the number of units discharged multiplied by the amount estab-lished for such unit under clause (iv) of this subpara-graph, but such penalty shall not be more than $5,000,000 in the case of a discharge from a vessel and $500,000 in the case of a discharge from an onshore or offshore facility.’’

Section 4367 of the Revised Statutes of the United States (46 U.S.C. App. 313), referred to in subsec. (b)(12)(B), was repealed by Pub. L. 103–182, title VI, § 690(a)(21), Dec. 8, 1993, 107 Stat. 2223.

Section 1443 of title 19, referred to in subsec. (b)(12)(C), was repealed by Pub. L. 103–182, title VI, § 690(b)(6), Dec. 8, 1993, 107 Stat. 2223.

The Comprehensive Environmental Response, Com-pensation, and Liability Act of 1980, referred to in sub-sec. (c)(4)(B)(ii), is Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is classified principally to


chapter 103 (§ 9601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of Title 42 and Tables.

The Oil Pollution Act of 1990, referred to in subsecs. (c)(5)(B), (d)(2)(H), and (j)(5)(H), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, which is classified principally to chapter 40 (§ 2701 et seq.) of this title. Title I of the Act is classified generally to subchapter I (§ 2701 et seq.) of chapter 40 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.

Subsection (c)(2) of this section, referred to in subsec. (j)(1), was generally amended by Pub. L. 101–380, title IV, § 4201(a), Aug. 18, 1990, 104 Stat. 523, and no longer contains provisions establishing a National Contin-gency Plan. However, such provisions are contained in subsec. (d) of this section.

Par. (3) of section 1901(a) of this title, referred to in subsec. (j)(5)(B), was redesignated par. (4) by Pub. L. 110–280, § 3(1), July 21, 2008, 122 Stat. 2611.

Subsection (i)(l), referred to in subsec. (n), probably should be ‘‘subsection (i)(1)’’. The par. (1) designation was struck out from subsec. (i) by Pub. L. 101–380, title II, §2002(b)(1), Aug. 18, 1990, 104 Stat. 507.

The Federal Advisory Committee Act, referred to in subsec. (t)(2)(C)(viii), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.

CODIFICATION

In subsec. (b)(12)(A), ‘‘section 60105 of title 46’’ sub-stituted for ‘‘section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)’’ on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping.

AMENDMENTS

2014—Subsec. (j)(4)(A). Pub. L. 113–281, § 313(1), sub-stituted ‘‘qualified—’’ for ‘‘qualified personnel of Fed-eral, State, and local agencies.’’ in introductory provi-sions and added cls. (i) and (ii).

Subsec. (j)(4)(B)(ii). Pub. L. 113–281, § 313(2), sub-stituted ‘‘, local, and tribal’’ for ‘‘and local’’ and ‘‘wild-life, including advance planning with respect to the closing and reopening of fishing areas following a dis-charge;’’ for ‘‘wildlife;’’.

Subsec. (j)(4)(B)(iii). Pub. L. 113–281, § 313(3), sub-stituted ‘‘, local, and tribal’’ for ‘‘and local’’.

Subsec. (j)(4)(C)(iv). Pub. L. 113–281, § 313(4)(A), sub-stituted ‘‘, Federal, State, and local agencies, and trib-al governments’’ for ‘‘and Federal, State, and local agencies’’.

Subsec. (j)(4)(C)(vii) to (ix). Pub. L. 113–281, § 313(4)(B), (C), added cl. (vii) and redesignated former cls. (vii) and (viii) as (viii) and (ix), respectively.

2012—Subsec. (a)(27) to (35). Pub. L. 112–141, § 1603(1), added pars. (27) to (35).

Subsec. (b)(6)(A). Pub. L. 112–90, § 10(b), substituted ‘‘operating, the Secretary of Transportation, or’’ for ‘‘operating or’’ in concluding provisions.

Subsec. (m)(2)(A), (B). Pub. L. 112–90, § 10(a), which di-rected amendment of subpars. (A) and (B) by substitut-ing ‘‘Administrator, the Secretary of Transportation, or’’ for ‘‘Administrator or’’ was executed by making the substitution the first place appearing in each sub-par., to reflect the probable intent of Congress.

Subsec. (s). Pub. L. 112–141, § 1603(2), inserted ‘‘except as provided in subsection (t)’’ before period at end.

Subsec. (t). Pub. L. 112–141, § 1603(3), added subsec. (t). 2006—Subsec. (a)(26). Pub. L. 109–241, § 608, amended

par. (26) generally. Prior to amendment, par. (26) read as follows: ‘‘ ‘nontank vessel’ means a self-propelled vessel of 400 gross tons as measured under section 14302 of title 46 or greater, other than a tank vessel, that car-ries oil of any kind as fuel for main propulsion and that—

‘‘(A) is a vessel of the United States; or ‘‘(B) operates on the navigable waters of the United

States.’’

Subsec. (j)(5)(A)(ii), (B), (F), and (G). Pub. L. 109–241, § 901(i)(1), substituted ‘‘nontank’’ for ‘‘non-tank’’ wher-ever appearing.

Subsec. (j)(5)(H). Pub. L. 109–241, § 901(i)(2), amended directory language of Pub. L. 108–293, § 701(b)(9). See 2004 Amendment note below.

2004—Subsec. (a)(26). Pub. L. 108–293, § 701(a), added par. (26).

Subsec. (j)(5). Pub. L. 108–293, § 701(b)(1), inserted ‘‘, nontank vessel,’’ after ‘‘vessel’’ in heading.

Subsec. (j)(5)(A). Pub. L. 108–293, § 701(b)(2), (d)(3), des-ignated existing text as cl. (i), substituted ‘‘subpara-graph (C)’’ for ‘‘subparagraph (B)’’, and added cl. (ii).

Subsec. (j)(5)(B). Pub. L. 108–293, § 701(d)(2), added sub-par. (B). Former subpar. (B) redesignated (C).

Pub. L. 108–293, § 701(b)(3), (4), inserted ‘‘, nontank vessels,’’ after ‘‘vessels’’ in introductory provisions, added cl. (ii), and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively.

Subsec. (j)(5)(C). Pub. L. 108–293, § 701(d)(1), (4), redes-ignated subpar. (B) as (C) and substituted ‘‘subpara-graphs (A) and (B)’’ for ‘‘subparagraph (A)’’ in introduc-tory provisions. Former subpar. (C) redesignated (D).

Subsec. (j)(5)(D). Pub. L. 108–293, § 701(d)(1), redesig-nated subpar. (C) as (D). Former subpar (D) redesig-nated (E).

Pub. L. 108–293, § 701(b)(5), inserted ‘‘, nontank ves-sel,’’ after ‘‘vessel’’ in introductory provisions and added cl. (v).

Subsec. (j)(5)(E). Pub. L. 108–293, § 701(d)(1), redesig-nated subpar. (D) as (E). Former subpar. (E) redesig-nated (F).

Pub. L. 108–293, § 701(b)(6), inserted ‘‘non-tank vessel,’’ after ‘‘vessel,’’ in two places.

Subsec. (j)(5)(F). Pub. L. 108–293, § 701(d)(1), (5), redes-ignated subpar. (E) as (F) and substituted ‘‘subpara-graph (E),’’ for ‘‘subparagraph (D),’’ in cl. (i). Former subpar. (F) redesignated (G).

Pub. L. 108–293, § 701(b)(7), inserted ‘‘non-tank vessel,’’ after ‘‘vessel,’’ and substituted ‘‘vessel, non-tank ves-sel, or’’ for ‘‘vessel or’’.

Subsec. (j)(5)(G). Pub. L. 108–293, § 701(d)(1), redesig-nated subpar. (F) as (G). Former subpar. (G) redesig-nated (H).

Pub. L. 108–293, § 701(b)(8), inserted ‘‘nontank vessel,’’ after ‘‘vessel,’’.

Subsec. (j)(5)(H). Pub. L. 108–293, § 701(d)(1), redesig-nated subpar. (G) as (H). Former subpar. (H) redesig-nated (I).

Pub. L. 108–293, § 701(b)(9), as amended by Pub. L. 109–241, § 901(i)(2), inserted ‘‘and nontank vessel’’ after ‘‘each tank vessel’’.

Subsec. (j)(5)(I). Pub. L. 108–293, § 701(d)(1), redesig-nated subpar. (H) as (I).

Subsec. (j)(6). Pub. L. 108–293, § 701(b)(10), substituted ‘‘The President may require—’’ for ‘‘Not later than 2 years after August 18, 1990, the President shall re-quire—’’ in introductory provisions.

Subsec. (j)(6)(B). Pub. L. 108–293, § 701(b)(11), inserted ‘‘, and nontank vessels carrying oil of any kind as fuel for main propulsion,’’ after ‘‘cargo’’.

Subsec. (j)(7). Pub. L. 108–293, § 701(b)(12), inserted ‘‘, nontank vessel,’’ after ‘‘vessel’’.

1998—Subsec. (a)(2). Pub. L. 105–383, § 411(b), sub-stituted ‘‘, (C)’’ for ‘‘and (C)’’ and inserted ‘‘, and (D) discharges incidental to mechanical removal author-ized by the President under subsection (c) of this sec-tion’’ before semicolon at end.

Subsec. (a)(8). Pub. L. 105–383, § 411(a)(1), substituted ‘‘to prevent, minimize, or mitigate damage’’ for ‘‘to minimize or mitigate damage’’.

Subsec. (a)(25). Pub. L. 105–383, § 411(a)(2), added par. (25).

Subsec. (c)(4)(A). Pub. L. 105–383, § 411(a)(3), inserted ‘‘relating to a discharge or a substantial threat of a dis-charge of oil or a hazardous substance’’ before period at end.

1996—Subsec. (b)(1), (2)(A), (3). Pub. L. 104–208 sub-stituted ‘‘Magnuson-Stevens Fishery’’ for ‘‘Magnuson Fishery’’ wherever appearing.


Subsec. (c)(3)(B). Pub. L. 104–324, § 1144, inserted ‘‘, except that the owner or operator may deviate from the applicable response plan if the President or the Federal On-Scene Coordinator determines that devi-ation from the response plan would provide for a more expeditious or effective response to the spill or mitiga-tion of its environmental effects’’ before period at end.

Subsec. (j)(2)(A). Pub. L. 104–324, § 1143(1), inserted ‘‘and of information regarding previous spills, includ-ing data from universities, research institutions, State governments, and other nations, as appropriate, which shall be disseminated as appropriate to response groups and area committees, and’’ after ‘‘paragraph (4),’’.

Subsec. (j)(4)(C)(v). Pub. L. 104–324, § 1143(2), inserted ‘‘compile a list of local scientists, both inside and out-side Federal Government service, with expertise in the environmental effects of spills of the types of oil typi-cally transported in the area, who may be contacted to provide information or, where appropriate, participate in meetings of the scientific support team convened in response to a spill, and’’ before ‘‘describe’’.

1992—Subsec. (b)(12). Pub. L. 102–388 added par. (12). Subsec. (i). Pub. L. 102–572 substituted ‘‘United States

Court of Federal Claims’’ for ‘‘United States Claims Court’’.

1990—Subsec. (a)(8). Pub. L. 101–380, § 4201(b)(1)[(c)(1)], inserted ‘‘containment and’’ after ‘‘refers to’’.

Subsec. (a)(16). Pub. L. 101–380, § 4201(b)(2)[(c)(2)], sub-stituted semicolon for period at end.

Subsec. (a)(17). Pub. L. 101–380, § 4201(b)(3)[(c)(3)], sub-stituted ‘‘otherwise’’ for ‘‘Otherwise’’ and semicolon for period at end.

Subsec. (a)(18) to (24). Pub. L. 101–380, § 4201(b)(4)[(c)(4)], added pars. (18) to (24).

Subsec. (b)(4). Pub. L. 101–380, § 4204, inserted ‘‘or the environment’’ after ‘‘the public health or welfare’’.

Subsec. (b)(5). Pub. L. 101–380, § 4301(a), inserted after first sentence ‘‘The Federal agency shall immediately notify the appropriate State agency of any State which is, or may reasonably be expected to be, affected by the discharge of oil or a hazardous substance.’’, substituted ‘‘fined in accordance with title 18, United States Code, or imprisoned for not more than 5 years, or both’’ for ‘‘fined not more than $10,000, or imprisoned for not more than one year, or both’’, struck out ‘‘or informa-tion obtained by the exploitation of such notification’’ before ‘‘shall not be used’’, and inserted ‘‘natural’’ be-fore ‘‘person in any’’.

Subsec. (b)(6) to (11). Pub. L. 101–380, § 4301(b), added pars. (6) to (11) and struck out former par. (6) which re-lated to assessment of civil penalties, limited to $5,000 for each offense, against any owner, operator, or person in charge of any onshore or offshore facility from which oil or a hazardous substance was discharged in viola-tion of par. (3).

Subsec. (c). Pub. L. 101–380, § 4201(a), amended subsec. (c) generally, substituting present provisions for provi-sions authorizing President to arrange for removal of discharge of oil or a hazardous substance into or upon the navigable waters of the U.S., unless he determined such removal would be properly conducted by owner or operator of the vessel causing discharge, and directed President to prepare and publish a National Contin-gency Plan within 60 days after October 18, 1972.

Subsec. (d). Pub. L. 101–380, § 4201(b), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: ‘‘Whenever a marine disaster in or upon the navigable waters of the United States has created a substantial threat of a pollution hazard to the public health or welfare of the United States, including, but not limited to, fish, shellfish, and wildlife and the pub-lic and private shorelines and beaches of the United States, because of a discharge, or an imminent dis-charge, of large quantities of oil, or of a hazardous sub-stance from a vessel the United States may (A) coordi-nate and direct all public and private efforts directed at the removal or elimination of such threat; and (B) summarily remove, and, if necessary, destroy such ves-sel by whatever means are available without regard to any provisions of law governing the employment of per-

sonnel or the expenditure of appropriated funds. Any expense incurred under this subsection or under the Intervention on the High Seas Act (or the convention defined in section 2(3) thereof) shall be a cost incurred by the United States Government for the purposes of subsection (f) in the removal of oil or hazardous sub-stance.’’

Subsec. (e). Pub. L. 101–380, § 4306, amended subsec. (e) generally. Prior to amendment, subsec. (e) read as fol-lows: ‘‘In addition to any other action taken by a State or local government, when the President determines there is an imminent and substantial threat to the pub-lic health or welfare of the United States, including, but not limited to, fish, shellfish, and wildlife and pub-lic and private property, shorelines, and beaches within the United States, because of an actual or threatened discharge of oil or hazardous substance into or upon the navigable waters of the United States from an on-shore or offshore facility, the President may require the United States attorney of the district in which the threat occurs to secure such relief as may be necessary to abate such threat, and the district courts of the United States shall have jurisdiction to grant such re-lief as the public interest and the equities of the case may require.’’

Subsec. (i). Pub. L. 101–380, § 2002(b)(1), struck out par. (1) designation before ‘‘In any case’’ and struck out pars. (2) and (3) which read as follows:

‘‘(2) The provisions of this subsection shall not apply in any case where liability is established pursuant to the Outer Continental Shelf Lands Act, or the Deep-water Port Act of 1974.

‘‘(3) Any amount paid in accordance with a judgment of the United States Claims Court pursuant to this sec-tion shall be paid from the funds established pursuant to subsection (k).’’

Subsec. (j). Pub. L. 101–380, § 4202(a), amended head-ing, inserted heading for par. (1) and realigned its mar-gin, added pars. (2) to (8), and struck out former par. (2) which read as follows: ‘‘Any owner or operator of a ves-sel or an onshore facility or an offshore facility and any other person subject to any regulation issued under paragraph (1) of this subsection who fails or refuses to comply with the provisions of any such regulations, shall be liable to a civil penalty of not more than $5,000 for each such violation. This paragraph shall not apply to any owner or operator of any vessel from which oil or a hazardous substance is discharged in violation of paragraph (3)(ii) of subsection (b) unless such owner, operator, or person in charge is otherwise subject to the jurisdiction of the United States. Each violation shall be a separate offense. The President may assess and compromise such penalty. No penalty shall be as-sessed until the owner, operator, or other person charged shall have been given notice and an oppor-tunity for a hearing on such charge. In determining the amount of the penalty, or the amount agreed upon in compromise, the gravity of the violation, and the dem-onstrated good faith of the owner, operator, or other person charged in attempting to achieve rapid compli-ance, after notification of a violation, shall be consid-ered by the President.’’

Subsec. (k). Pub. L. 101–380, § 2002(b)(2), struck out subsec. (k) which authorized appropriations and supple-mental appropriations to create and maintain a revolv-ing fund to carry out subsecs. (c), (d), (i), and (l) of this section.

Subsec. (l). Pub. L. 101–380, § 2002(b)(3), struck out after first sentence ‘‘Any moneys in the fund estab-lished by subsection (k) of this section shall be avail-able to such Federal departments, agencies, and instru-mentalities to carry out the provisions of subsections (c) and (i) of this section.’’

Subsec. (m). Pub. L. 101–380, § 4305, amended subsec. (m) generally. Prior to amendment, subsec. (m) read as follows: ‘‘Anyone authorized by the President to en-force the provisions of this section may, except as to public vessels, (A) board and inspect any vessel upon the navigable waters of the United States or the waters of the contiguous zone, (B) with or without a warrant


arrest any person who violates the provisions of this section or any regulation issued thereunder in his pres-ence or view, and (C) execute any warrant or other process issued by an officer or court of competent juris-diction.’’

Subsec. (o)(2). Pub. L. 101–380, § 4202(c), inserted ‘‘, or with respect to any removal activities related to such discharge’’ after ‘‘within such State’’.

Subsec. (p). Pub. L. 101–380, § 2002(b)(4), struck out subsec. (p) which provided for establishment and main-tenance of evidence of financial responsibility by ves-sels over 300 gross tons carrying oil or hazardous sub-stances.

Subsec. (s). Pub. L. 101–380, § 2002(b)(5), added subsec. (s).

1987—Subsec. (a)(5). Pub. L. 100–4 substituted ‘‘the Commonwealth of the Northern Mariana Islands’’ for ‘‘the Canal Zone’’.

1982—Subsec. (i)(1), (3). Pub. L. 97–164 substituted ‘‘Claims Court’’ for ‘‘Court of Claims’’.

1980—Subsec. (b)(1), (2)(A), (3). Pub. L. 96–561 sub-stituted ‘‘Magnuson Fishery Conservation and Manage-ment Act’’ for ‘‘Fishery Conservation and Management Act of 1976’’.

Subsec. (b)(3)(A). Pub. L. 96–478 struck out ‘‘of oil’’ after ‘‘in the case of such discharges’’ and substituted ‘‘Protocol of 1978 Relating to the International Conven-tion for the Prevention of Pollution from Ships, 1973’’ for ‘‘International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended’’.

Subsec. (c)(1). Pub. L. 96–561 substituted ‘‘Magnuson Fishery Conservation and Management Act’’ for ‘‘Fish-ery Conservation and Management Act of 1976’’.

Subsec. (k). Pub. L. 96–483 designated existing provi-sions as par. (1) and added par. (2).

1978—Subsec. (a)(2). Pub. L. 95–576, § 1(b)(1), excluded discharges described in cls. (A) to (C) from term ‘‘dis-charge’’.

Subsec. (a)(17). Pub. L. 95–576, § 1(b)(2), added par. (17). Subsec. (b)(2)(B). Pub. L. 95–576, § 1(b)(3), substituted

requirement that a study be made respecting methods, mechanisms, and procedures for creating incentives to achieve higher standard of care in management and movement of hazardous substances, including consider-ation of enumerated items, and a report made to Con-gress within 18 months after Nov. 2, 1978, for provisions concerning actual removability of any designated haz-ardous substance, liability during two year period com-mencing Oct. 18, 1972 based on toxicity, degradability, and dispersal characteristics of the substance limited to $50,000 and without limitation in cases of willful neg-ligence or willful misconduct, liability after such two year period ranging from $500 to $5,000 based on tox-icity, etc., or liability for penalty determined by num-ber of units discharged multiplied by amount estab-lished for the unit limited to $5,000,000 in the case of a discharge from a vessel and to $500,000 in the case of a discharge from onshore or offshore facility, establish-ment by regulation of a unit of measurement based upon the usual trade practice for each designated haz-ardous substance and establishment for such unit a fixed monetary amount ranging from $100 to $1,000 based on toxicity, etc.

Subsec. (b)(3). Pub. L. 95–576, § 1(b)(4), substituted ‘‘such quantities as may be harmful’’ for ‘‘harmful quantities’’.

Subsec. (b)(4). Pub. L. 95–576, § 1(b)(5), struck out ‘‘, to be issued as soon as possible after October 18, 1972,’’ after ‘‘regulation’’ and substituted ‘‘substances’’ for ‘‘substance’’ and ‘‘discharge of which may be harmful’’ for ‘‘discharge of which, at such times, locations, cir-cumstances, and conditions, will be harmful’’.

Subsec. (b)(5). Pub. L. 95–576, § 1(b)(6), inserted ‘‘at the time of the discharge’’ after ‘‘otherwise subject to the jurisdiction of the United States’’.

Subsec. (b)(6)(A) to (E). Pub. L. 95–576, § 1(b)(7), des-ignated existing provisions as subpar. (A), inserted ‘‘at the time of the discharge’’ after ‘‘jurisdiction of the United States’’, and added subpars. (B) to (E).

1977—Subsec. (a)(11). Pub. L. 95–217, § 58(k), inserted ‘‘, and any facility of any kind which is subject to the

jurisdiction of the United States and is located in, on, or under any other waters,’’ after ‘‘United States’’.

Subsec. (a)(15), (16). Pub. L. 95–217, § 58(d)(1), added pars. (15) and (16).

Subsec. (b)(1). Pub. L. 95–217, § 58(a)(1), inserted ref-erence to activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or which may affect natural resources belonging to, appertain-ing to, or under the exclusive management authority of the United States (including resources under the Fish-ery Conservation and Management Act of 1976).

Subsec. (b)(2)(A). Pub. L. 95–217, § 58(a)(2), inserted ref-erence to activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or which may affect natural resources belonging to, appertain-ing to, or under the exclusive management authority of the United States (including resources under the Fish-ery Conservation and Management Act of 1976).

Subsec. (b)(2)(B)(v). Pub. L. 95–217, § 57, added cl. (v). Subsec. (b)(3). Pub. L. 95–217, § 58(a)(3), (4), designated

part of existing provisions preceding cl. (A) as cl. (i) and added cl. (ii), and, in cl. (A), inserted ‘‘or which may affect natural resources belonging to, appertain-ing to, or under the exclusive management authority of the United States (including resources under the Fish-ery Conservation and Management Act of 1976)’’ after ‘‘waters of the contiguous zone’’ and struck out ‘‘arti-cle IV of’’ before ‘‘the International Convention for the Prevention of Pollution of the Sea by Oil, 1954’’.

Subsec. (b)(4). Pub. L. 95–217, § 58(a)(5), struck out pro-visions under which, in the case of the discharge of oil into or upon the waters of the contiguous zone, only those discharges which threatened the fishery re-sources of the contiguous zone or threatened to pollute or contribute to the pollution of the territory or the territorial sea of the United States could be determined to be harmful.

Subsec. (b)(5). Pub. L. 95–217, § 58(a)(6), added cls. (A), (B), and (C) between ‘‘Any such person’’ and ‘‘who fails to notify’’.

Subsec. (b)(6). Pub. L. 95–217, § 58(a)(7), (8), substituted ‘‘Any owner, operator, or person in charge of any on-shore facility, or offshore facility’’ for ‘‘Any owner or operator of any vessel, onshore facility, or offshore fa-cility’’ in provision relating to violations of par. (3) of this subsection, and inserted provisions directing the assessment of a civil penalty of not more than $5,000 for each offense by the Secretary of the department in which the Coast Guard is operating to be assessed against any owner, operator, or person in charge of any vessel from which oil or a hazardous substance is dis-charged in violation of paragraph (3)(i) of this sub-section, and any owner, operator, or person in charge of a vessel from which oil or a hazardous substance is dis-charged in violation of paragraph (3)(ii) who is other-wise subject to the jurisdiction of the United States.

Subsec. (c)(1). Pub. L. 95–217, § 58(b), (c)(1), inserted ‘‘or there is a substantial threat of such discharge,’’ after ‘‘Whenever any oil or a hazardous substance is discharged,’’ and ‘‘or in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or which may affect natu-ral resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Fishery Con-servation and Management Act of 1976)’’ after ‘‘waters of the contiguous zone,’’.

Subsec. (c)(2)(D). Pub. L. 95–217, § 58(e), substituted ‘‘and imminent threats of such discharges to the appro-priate State and Federal agencies;’’ for ‘‘to the appro-priate Federal agency;’’.

Subsec. (d). Pub. L. 95–217, § 58(c)(2), inserted ‘‘or under the Intervention on the High Seas Act (or the convention defined in section 2(3) thereof)’’ after ‘‘Any expense incurred under this subsection’’.

Subsec. (f)(1). Pub. L. 95–217, § 58(d)(2), substituted ‘‘, in the case of an inland oil barge $125 per gross ton of such barge, or $125,000, whichever is greater, and in the case of any other vessel, $150 per gross ton of such vessel (or, for a vessel carrying oil or hazardous sub-


stances as cargo, $250,000), whichever is greater,’’ for ‘‘$100 per gross ton of such vessel or $14,000,000, which-ever is lesser,’’.

Subsec. (f)(2), (3). Pub. L. 95–217, § 58(d)(5), (6), sub-stituted ‘‘$50,000,000’’ for ‘‘$8,000,000’’.

Subsec. (f)(4), (5). Pub. L. 95–217, § 58(g), added pars. (4) and (5).

Subsec. (g). Pub. L. 95–217, § 58(d)(3), (f), substituted ‘‘, in the case of an inland oil barge $125 per gross ton of such barge, or $125,000, whichever is greater, and in the case of any other vessel, $150 per gross ton of such vessel (or, for a vessel carrying oil or hazardous sub-stances as cargo, $250,000), whichever is greater’’ for ‘‘$100 per gross ton of such vessel or $14,000,000, which-ever is the lesser’’ in the existing provisions and in-serted provision under which, where the owner or oper-ator of a vessel (other than an inland oil barge) carry-ing oil or hazardous substances as cargo or an onshore or offshore facility which handles or stores oil or haz-ardous substances in bulk, from which oil or a hazard-ous substance is discharged in violation of subsec. (b) of this section, alleges that the discharge was caused sole-ly by an act or omission of a third party, the owner or operator must pay to the United States Government the actual costs incurred under subsec. (c) of this sec-tion for removal of the oil or substance and shall be en-titled by subrogation to all rights of the United States Government to recover the costs from the third party under this subsection.

Subsec. (i)(2). Pub. L. 95–217, § 58(m), inserted ref-erence to the Deepwater Port Act of 1974.

Subsec. (j)(2). Pub. L. 95–217, § 58(c)(3), inserted provi-sion that subsec. (j)(2) shall not apply to any owner or operator of any vessel from which oil or a hazardous substance is discharged in violation of subsec. (b)(3)(ii) of this section unless the owner, operator, or person in charge is otherwise subject to the jurisdiction of the United States.

Subsec. (k). Pub. L. 95–217, § 58(l), substituted ‘‘such sums as may be necessary to maintain such fund at a level of $35,000,000’’ for ‘‘not to exceed $35,000,000’’.

Subsec. (p)(1). Pub. L. 95–217, § 58(d)(4), substituted ‘‘, in the case of an inland oil barge $125 per gross ton of such barge, or $125,000, whichever is greater, and in the case of any other vessel, $150 per gross ton of such vessel (or, for a vessel carrying oil or hazardous sub-stances as cargo, $250,000), whichever is greater,’’ for ‘‘$100 per gross ton, or $14,000,000 whichever is the less-er,’’.

Subsecs. (q), (r). Pub. L. 95–217, § 58(i), added subsecs. (q) and (r).

1973—Subsec. (f). Pub. L. 93–207, § 1(4)(A), (B), sub-stituted ‘‘(b)(3)’’ for ‘‘(b)(2)’’ wherever appearing in pars. (1) to (3), and substituted ‘‘Administrator’’ for ‘‘Secretary’’ in last sentence of par. (2).

Subsecs. (g), (i). Pub. L. 93–207, § 1(4)(C), substituted ‘‘(b)(3)’’ for ‘‘(b)(2)’’ wherever appearing.


Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec-tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.


Pub. L. 109–241, title IX, § 901(i)(2), July 11, 2006, 120 Stat. 564, provided in part that the amendment made by section 901(i)(2) is effective Aug. 9, 2004.


Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.


Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.


Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of this title.


Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Proce-dure.

EFFECTIVE DATE OF 1980 AMENDMENTS

Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that sec-tion is effective 15 days after Dec. 22, 1980.

Amendment by Pub. L. 96–478 effective Oct. 2, 1983, see section 14(a) of Pub. L. 96–478, set out as an Effec-tive Date note under section 1901 of this title.


Pub. L. 95–217, § 58(h), Dec. 27, 1977, 91 Stat. 1596, pro-vided that: ‘‘The amendments made by paragraphs (5) and (6) of subsection (d) of this section [amending this section] shall take effect 180 days after the date of en-actment of the Clean Water Act of 1977 [Dec. 27, 1977].’’



Enforcement functions of Administrator or other offi-cial of the Environmental Protection Agency under this section relating to spill prevention, containment and countermeasure plans with respect to pre-construc-tion, construction, and initial operation of transpor-tation system for Canadian and Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transpor-tation System, until the first anniversary of the date of initial operation of the Alaska Natural Gas Transpor-tation System, see Reorg. Plan No. 1 of 1979, §§ 102(a), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Govern-ment Organization and Employees. Office of Federal In-spector for the Alaska Natural Gas Transportation Sys-tem abolished and functions and authority vested in In-spector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Of-fice of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Trans-portation Projects by section 720d(f) of Title 15.

DELEGATION OF FUNCTIONS

For delegation of certain functions of President under this section, see Ex. Ord. No. 12580, Jan. 23, 1987, 52 F.R. 2923, as amended, set out as a note under section 9615 of Title 42, The Public Health and Welfare.



TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE CANAL ZONE

For termination of the United States District Court for the District of the Canal Zone at end of the ‘‘transi-tion period’’, being the 30-month period beginning Oct.


1, 1979, and ending midnight Mar. 31, 1982, see Para-graph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96–70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse.

COAST GUARD RESPONSE PLAN REQUIREMENTS

Pub. L. 113–281, title III, § 317, Dec. 18, 2014, 128 Stat. 3050, provided that:

‘‘(a) VESSEL RESPONSE PLAN CONTENTS.—The Sec-retary of the department in which the Coast Guard is operating shall require that each vessel response plan prepared for a mobile offshore drilling unit includes in-formation from the facility response plan prepared for the mobile offshore drilling unit regarding the planned response to a worst case discharge, and to a threat of such a discharge.

‘‘(b) DEFINITIONS.—In this section: ‘‘(1) MOBILE OFFSHORE DRILLING UNIT.—The term

‘mobile offshore drilling unit’ has the meaning given that term in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701).

‘‘(2) RESPONSE PLAN.—The term ‘response plan’ means a response plan prepared under section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)).

‘‘(3) WORST CASE DISCHARGE.—The term ‘worst case discharge’ has the meaning given that term under section 311(a) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)). ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section

shall be construed to require the Coast Guard to review or approve a facility response plan for a mobile offshore drilling unit.’’

RESOURCES AND ECOSYSTEMS SUSTAINABILITY, TOURIST OPPORTUNITIES, AND REVIVED ECONOMIES OF THE GULF COAST STATES

Pub. L. 112–141, div. A, title I, subtitle F, July 6, 2012, 126 Stat. 588, provided that:

‘‘SEC. 1601. SHORT TITLE.

‘‘This subtitle may be cited as the ‘Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012’.

‘‘SEC. 1602. GULF COAST RESTORATION TRUST FUND.

‘‘(a) ESTABLISHMENT.—There is established in the Treasury of the United States a trust fund to be known as the ‘Gulf Coast Restoration Trust Fund’ (referred to in this section as the ‘Trust Fund’), consisting of such amounts as are deposited in the Trust Fund under this Act [probably means this subtitle] or any other provi-sion of law.

‘‘(b) TRANSFERS.—The Secretary of the Treasury shall deposit in the Trust Fund an amount equal to 80 per-cent of all administrative and civil penalties paid by responsible parties after the date of enactment of this Act [July 6, 2012] in connection with the explosion on, and sinking of, the mobile offshore drilling unit Deep-

water Horizon pursuant to a court order, negotiated set-tlement, or other instrument in accordance with sec-tion 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321).

‘‘(c) EXPENDITURES.—Amounts in the Trust Fund, in-cluding interest earned on advances to the Trust Fund and proceeds from investment under subsection (d), shall—

‘‘(1) be available for expenditure, without further appropriation, solely for the purpose and eligible ac-tivities of this subtitle and the amendments made by this subtitle [amending this section]; and

‘‘(2) remain available until expended, without fiscal year limitation. ‘‘(d) INVESTMENT.—Amounts in the Trust Fund shall

be invested in accordance with section 9702 of title 31, United States Code, and any interest on, and proceeds

from, any such investment shall be available for ex-penditure in accordance with this subtitle and the amendments made by this subtitle.

‘‘(e) ADMINISTRATION.—Not later than 180 days after the date of enactment of this Act, after providing no-tice and an opportunity for public comment, the Sec-retary of the Treasury, in consultation with the Sec-retary of the Interior and the Secretary of Commerce, shall establish such procedures as the Secretary deter-mines to be necessary to deposit amounts in, and ex-pend amounts from, the Trust Fund pursuant to this subtitle, including—

‘‘(1) procedures to assess whether the programs and activities carried out under this subtitle and the amendments made by this subtitle achieve compli-ance with applicable requirements, including proce-dures by which the Secretary of the Treasury may de-termine whether an expenditure by a Gulf Coast State or coastal political subdivision (as those terms are defined in section 311 of the Federal Water Pollu-tion Control Act (33 U.S.C. 1321)) pursuant to such a program or activity achieves compliance;

‘‘(2) auditing requirements to ensure that amounts in the Trust Fund are expended as intended; and

‘‘(3) procedures for identification and allocation of funds available to the Secretary under other provi-sions of law that may be necessary to pay the admin-istrative expenses directly attributable to the man-agement of the Trust Fund. ‘‘(f) SUNSET.—The authority for the Trust Fund shall

terminate on the date all funds in the Trust Fund have been expended.

‘‘SEC. 1603. GULF COAST NATURAL RESOURCES RESTORATION AND ECONOMIC RECOVERY.

‘‘[Amended this section.]

‘‘SEC. 1604. GULF COAST ECOSYSTEM RESTORA-TION SCIENCE, OBSERVATION, MONITORING, AND TECHNOLOGY PROGRAM.

‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’

means the Administrator of the National Oceanic and Atmospheric Administration.

‘‘(2) COMMISSION.—The term ‘Commission’ means the Gulf States Marine Fisheries Commission.

‘‘(3) DIRECTOR.—The term ‘Director’ means the Di-rector of the United States Fish and Wildlife Service.

‘‘(4) PROGRAM.—The term ‘program’ means the Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology program established under this section. ‘‘(b) ESTABLISHMENT OF PROGRAM.—

‘‘(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [July 6, 2012], the Ad-ministrator, in consultation with the Director, shall establish the Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology program to carry out research, observation, and mon-itoring to support, to the maximum extent prac-ticable, the long-term sustainability of the eco-system, fish stocks, fish habitat, and the rec-reational, commercial, and charter fishing industry in the Gulf of Mexico.

‘‘(2) EXPENDITURE OF FUNDS.—For each fiscal year, amounts made available to carry out this subsection may be expended for, with respect to the Gulf of Mex-ico—

‘‘(A) marine and estuarine research; ‘‘(B) marine and estuarine ecosystem monitoring

and ocean observation; ‘‘(C) data collection and stock assessments; ‘‘(D) pilot programs for—

‘‘(i) fishery independent data; and ‘‘(ii) reduction of exploitation of spawning ag-

gregations; and ‘‘(E) cooperative research.

‘‘(3) COOPERATION WITH THE COMMISSION.—For each fiscal year, amounts made available to carry out this subsection may be transferred to the Commission to establish a fisheries monitoring and research pro-gram, with respect to the Gulf of Mexico.


‘‘(4) CONSULTATION.—The Administrator and the Di-rector shall consult with the Regional Gulf of Mexico Fishery Management Council and the Commission in carrying out the program. ‘‘(c) SPECIES INCLUDED.—The research, monitoring,

assessment, and programs eligible for amounts made available under the program shall include all marine, estuarine, aquaculture, and fish species in State and Federal waters of the Gulf of Mexico.

‘‘(d) RESEARCH PRIORITIES.—In distributing funding under this subsection, priority shall be given to inte-grated, long-term projects that—

‘‘(1) build on, or are coordinated with, related re-search activities; and

‘‘(2) address current or anticipated marine eco-system, fishery, or wildlife management information needs. ‘‘(e) DUPLICATION.—In carrying out this section, the

Administrator, in consultation with the Director, shall seek to avoid duplication of other research and mon-itoring activities.

‘‘(f) COORDINATION WITH OTHER PROGRAMS.—The Ad-ministrator, in consultation with the Director, shall develop a plan for the coordination of projects and ac-tivities between the program and other existing Fed-eral and State science and technology programs in the States of Alabama, Florida, Louisiana, Mississippi, and Texas, as well as between the centers of excellence.

‘‘(g) LIMITATION ON EXPENDITURES.— ‘‘(1) IN GENERAL.—Not more than 3 percent of funds

provided in subsection (h) shall be used for adminis-trative expenses.

‘‘(2) NOAA.—The funds provided in subsection (h) may not be used—

‘‘(A) for any existing or planned research led by the National Oceanic and Atmospheric Administra-tion, unless agreed to in writing by the grant recip-ient;

‘‘(B) to implement existing regulations or initiate new regulations promulgated or proposed by the National Oceanic and Atmospheric Administration; or

‘‘(C) to develop or approve a new limited access privilege program (as that term is used in section 303A of the Magnuson-Stevens Fishery Conserva-tion and Management Act (16 U.S.C. 1853a)) for any fishery under the jurisdiction of the South Atlan-tic, Mid-Atlantic, New England, or Gulf of Mexico Fishery Management Councils.

‘‘(h) FUNDING.—Of the total amount made available for each fiscal year for the Gulf Coast Restoration Trust Fund established under section 1602, 2.5 percent shall be available to carry out the program.

‘‘(i) SUNSET.—The program shall cease operations when all funds in the Gulf Coast Restoration Trust Fund established under section 1602 have been ex-pended.

‘‘SEC. 1605. CENTERS OF EXCELLENCE RESEARCH GRANTS.

‘‘(a) IN GENERAL.—Of the total amount made avail-able for each fiscal year from the Gulf Coast Restora-tion Trust Fund established under section 1602, 2.5 per-cent shall be made available to the Gulf Coast States (as defined in section 311(a) of the Federal Water Pollu-tion Control Act [33 U.S.C. 1321(a)] (as added by section 1603 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012)), in equal shares, exclu-sively for grants in accordance with subsection (c) to establish centers of excellence to conduct research only on the Gulf Coast Region (as defined in section 311 of the Federal Water Pollution Control Act (33. [sic] U.S.C. 1321)).

‘‘(b) APPROVAL BY STATE ENTITY, TASK FORCE, OR AGENCY.—The duties of a Gulf Coast State under this section shall be carried out by the applicable Gulf Coast State entities, task forces, or agencies listed in section 311(t)(1)(F) of the Federal Water Pollution Con-trol Act (as added by section 1603 of the Resources and

Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012), and for the State of Florida, a consortium of pub-lic and private research institutions within the State, which shall include the Florida Department of Environ-mental Protection and the Florida Fish and Wildlife Conservation Commission, for that Gulf Coast State.

‘‘(c) GRANTS.— ‘‘(1) IN GENERAL.—A Gulf Coast State shall use the

amounts made available to carry out this section to award competitive grants to nongovernmental enti-ties and consortia in the Gulf Coast region (including public and private institutions of higher education) for the establishment of centers of excellence as de-scribed in subsection (d).

‘‘(2) APPLICATION.—To be eligible to receive a grant under this subsection, an entity or consortium de-scribed in paragraph (1) shall submit to a Gulf Coast State an application at such time, in such manner, and containing such information as the Gulf Coast State determines to be appropriate.

‘‘(3) PRIORITY.—In awarding grants under this sub-section, a Gulf Coast State shall give priority to enti-ties and consortia that demonstrate the ability to es-tablish the broadest cross-section of participants with interest and expertise in any discipline de-scribed in subsection (d) on which the proposal of the center of excellence will be focused.

‘‘(4) REPORTING.— ‘‘(A) IN GENERAL.—Each Gulf Coast State shall

provide annually to the Gulf Coast Ecosystem Res-toration Council established under section 311(t)(2)(C) of the Federal Water Pollution Control Act [31 U.S.C. 1321(t)(2)(C)] (as added by section 1603 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012) information re-garding all grants, including the amount, discipline or disciplines, and recipients of the grants, and in the case of any grant awarded to a consortium, the membership of the consortium.

‘‘(B) INCLUSION.—The Gulf Coast Ecosystem Res-toration Council shall include the information re-ceived under subparagraph (A) in the annual report to Congress of the Council required under section 311(t)(2)(C)(vii)(VII) of the Federal Water Pollution Control Act (as added by section 1603 of the Re-sources and Ecosystems Sustainability, Tourist Op-portunities, and Revived Economies of the Gulf Coast States Act of 2012).

‘‘(d) DISCIPLINES.—Each center of excellence shall focus on science, technology, and monitoring in at least 1 of the following disciplines:

‘‘(1) Coastal and deltaic sustainability, restoration and protection, including solutions and technology that allow citizens to live in a safe and sustainable manner in a coastal delta in the Gulf Coast Region.

‘‘(2) Coastal fisheries and wildlife ecosystem re-search and monitoring in the Gulf Coast Region.

‘‘(3) Offshore energy development, including re-search and technology to improve the sustainable and safe development of energy resources in the Gulf of Mexico.

‘‘(4) Sustainable and resilient growth, economic and commercial development in the Gulf Coast Region.

‘‘(5) Comprehensive observation, monitoring, and mapping of the Gulf of Mexico.

‘‘SEC. 1606. EFFECT.

‘‘(a) DEFINITION OF DEEPWATER HORIZON OIL SPILL.— In this section, the term ‘Deepwater Horizon oil spill’ has the meaning given the term in section 311(a) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)).

‘‘(b) EFFECT AND APPLICATION.—Nothing in this sub-title or any amendment made by this subtitle—

‘‘(1) supersedes or otherwise affects any other provi-sion of Federal law, including, in particular, laws pro-viding recovery for injury to natural resources under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) and laws for the protection of public health and the environment; or


‘‘(2) applies to any fine collected under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) for any incident other than the Deepwater Hori-zon oil spill. ‘‘(c) USE OF FUNDS.—Funds made available under this

subtitle may be used only for eligible activities specifi-cally authorized by this subtitle and the amendments made by this subtitle.

‘‘SEC. 1607. RESTORATION AND PROTECTION AC-TIVITY LIMITATIONS.

‘‘(a) WILLING SELLER.—Funds made available under this subtitle may only be used to acquire land or inter-ests in land by purchase, exchange, or donation from a willing seller.

‘‘(b) ACQUISITION OF FEDERAL LAND.—None of the funds made available under this subtitle may be used to acquire land in fee title by the Federal Government un-less—

‘‘(1) the land is acquired by exchange or donation; or

‘‘(2) the acquisition is necessary for the restoration and protection of the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region and has the concurrence of the Governor of the State in which the acquisition will take place.

‘‘SEC. 1608. INSPECTOR GENERAL.

‘‘The Office of the Inspector General of the Depart-ment of the Treasury shall have authority to conduct, supervise, and coordinate audits and investigations of projects, programs, and activities funded under this subtitle and the amendments made by this subtitle.’’

RULEMAKINGS

Pub. L. 111–281, title VII, § 701(a), (b), Oct. 15, 2010, 124 Stat. 2980, provided that:

‘‘(a) STATUS REPORT.— ‘‘(1) IN GENERAL.—Not later than 90 days after the

date of enactment of this Act [Oct. 15, 2010], the Sec-retary of the department in which the Coast Guard is operating shall provide a report to the Senate Com-mittee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on the status of all Coast Guard rulemakings required or otherwise being developed (but for which no final rule has been issued as of the date of enactment of this Act) under section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321).

‘‘(2) INFORMATION REQUIRED.—The Secretary shall include in the report required in paragraph (1)—

‘‘(A) a detailed explanation with respect to each such rulemaking as to—

‘‘(i) what steps have been completed; ‘‘(ii) what areas remain to be addressed; and ‘‘(iii) the cause of any delays; and

‘‘(B) the date by which a final rule may reason-ably be expected to be issued.

‘‘(b) FINAL RULES.—The Secretary shall issue a final rule in each pending rulemaking described in sub-section (a) as soon as practicable, but in no event later than 18 months after the date of enactment of this Act.’’

IMPLEMENTATION DATE FOR VESSEL RESPONSE PLANS FOR NONTANK VESSELS

Pub. L. 108–293, title VII, § 701(c), Aug. 9, 2004, 118 Stat. 1068, provided that: ‘‘No later than one year after the date of enactment of this Act [Aug. 9, 2004], the owner or operator of a nontank vessel (as defined [sic] section 311(j)(9) [311(a)(26)] of the Federal Water Pollu-tion Control Act (33 U.S.C. 1321(j)(9) [1321(a)(26)], as amended by this section) shall prepare and submit a vessel response plan for such vessel.’’

REPORT ON OIL SPILL RESPONDER IMMUNITY

Pub. L. 107–295, title IV, § 440, Nov. 25, 2002, 116 Stat. 2130, provided that:

‘‘(a) REPORT TO CONGRESS.—Not later than January 1, 2004, the Secretary of the department in which the Coast Guard is operating, jointly with the Secretary of Commerce and the Secretary of the Interior, and after consultation with the Administrator of the Environ-mental Protection Agency and the Attorney General, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the immunity from crimi-nal and civil penalties provided under existing law of a private responder (other than a responsible party) in the case of the incidental take of federally listed fish or wildlife that results from, but is not the purpose of, carrying out an otherwise lawful activity conducted by that responder during an oil spill removal activity where the responder was acting in a manner consistent with the National Contingency Plan or as otherwise di-rected by the Federal On-Scene Coordinator for the spill, and on the circumstances under which such pen-alties have been or could be imposed on a private re-sponder. The report shall take into consideration the procedures under the Inter-Agency Memorandum for addressing incidental takes.

‘‘(b) DEFINITIONS.—In this section— ‘‘(1) the term ‘Federal On-Scene Coordinator’ has

the meaning given that term in section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321);

‘‘(2) the term ‘incidental take’ has the meaning given that term in the Inter-Agency Memorandum;

‘‘(3) the term ‘Inter-Agency Memorandum’ means the Inter-Agency Memorandum of Agreement Re-garding Oil Spill Planning and Response Activities under the Federal Water Pollution Control Act’s Na-tional Oil and Hazardous Substances Pollution Con-tingency Plan and the Endangered Species Act [of 1973, 16 U.S.C. 1531 et seq.], effective on July 22, 2001;

‘‘(4) the terms ‘National Contingency Plan’, ‘re-moval’, and ‘responsible party’ have the meanings given those terms under section 1001 of the Oil Pollu-tion Act of 1990 (33 U.S.C. 2701); and

‘‘(5) the term ‘private responder’ means a non-governmental entity or individual that is carrying out an oil spill removal activity at the direction of a Federal agency or a responsible party.’’

OIL SPILL LIABILITY UNDER OIL POLLUTION ACT OF 1990

Pub. L. 101–380, title II, § 2002(a), Aug. 18, 1990, 104 Stat. 507, provided that: ‘‘Subsections (f), (g), (h), and (i) of section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321) shall not apply with respect to any incident for which liability is established under section 1002 of this Act [33 U.S.C. 2702].’’

TRANSFER OF MONEYS TO OIL SPILL LIABILITY TRUST FUND

Pub. L. 101–380, title II, § 2002(b)(2), Aug. 18, 1990, 104 Stat. 507, provided that: ‘‘Subsection (k) [of this sec-tion] is repealed. Any amounts remaining in the revolv-ing fund established under that subsection shall be de-posited in the [Oil Spill Liability Trust] Fund. The Fund shall assume all liability incurred by the revolv-ing fund established under that subsection.’’

REVISION OF NATIONAL CONTINGENCY PLAN

Pub. L. 101–380, title IV, § 4201(c)[(d)], Aug. 18, 1990, 104 Stat. 527, provided that: ‘‘Not later than one year after the date of the enactment of this Act [Aug. 18, 1990], the President shall revise and republish the National Contingency Plan prepared under section 311(c)(2) of the Federal Water Pollution Control Act [33 U.S.C. 1321(c)(2)] (as in effect immediately before the date of the enactment of this Act) to implement the amend-ments made by this section and section 4202 [amending this section].’’

[For delegation of functions of President under sec-tion 4201(c) of Pub. L. 101–380, set out above, see Ex. Ord. No. 12580, Jan. 23, 1987, 52 F.R. 2923, as amended,


set out as a note under section 9615 of Title 42, The Public Health and Welfare.]

IMPLEMENTATION OF NATIONAL PLANNING AND RESPONSE SYSTEM

Pub. L. 101–380, title IV, § 4202(b), Aug. 18, 1990, 104 Stat. 531, provided that:

‘‘(1) AREA COMMITTEES AND CONTINGENCY PLANS.—(A) Not later than 6 months after the date of the enact-ment of this Act [Aug. 18, 1990], the President shall des-ignate the areas for which Area Committees are estab-lished under section 311(j)(4) of the Federal Water Pol-lution Control Act [33 U.S.C. 1321(j)(4)], as amended by this Act. In designating such areas, the President shall ensure that all navigable waters, adjoining shorelines, and waters of the exclusive economic zone are subject to an Area Contingency Plan under that section.

‘‘(B) Not later than 18 months after the date of the enactment of this Act, each Area Committee estab-lished under that section shall submit to the President the Area Contingency Plan required under that section.

‘‘(C) Not later than 24 months after the date of the enactment of this Act, the President shall—

‘‘(i) promptly review each plan; ‘‘(ii) require amendments to any plan that does not

meet the requirements of section 311(j)(4) of the Fed-eral Water Pollution Control Act; and

‘‘(iii) approve each plan that meets the require-ments of that section. ‘‘(2) NATIONAL RESPONSE UNIT.—Not later than one

year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish a National Response Unit in accordance with section 311(j)(2) of the Federal Water Pollution Control Act, as amended by this Act.

‘‘(3) COAST GUARD DISTRICT RESPONSE GROUPS.—Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish Coast Guard District Response Groups in accordance with section 311(j)(3) of the Federal Water Pollution Control Act, as amended by this Act.

‘‘(4) TANK VESSEL AND FACILITY RESPONSE PLANS; TRANSITION PROVISION; EFFECTIVE DATE OF PROHIBI-TION.—(A) Not later than 24 months after the date of the enactment of this Act, the President shall issue regulations for tank vessel and facility response plans under section 311(j)(5) of the Federal Water Pollution Control Act, as amended by this Act.

‘‘(B) During the period beginning 30 months after the date of the enactment of this paragraph [Aug. 18, 1990] and ending 36 months after that date of enactment, a tank vessel or facility for which a response plan is re-quired to be prepared under section 311(j)(5) of the Fed-eral Water Pollution Control Act, as amended by this Act, may not handle, store, or transport oil unless the owner or operator thereof has submitted such a plan to the President.

‘‘(C) Subparagraph (E) of section 311(j)(5) of the Fed-eral Water Pollution Control Act, as amended by this Act, shall take effect 36 months after the date of the enactment of this Act.’’

DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL LIABILITY TRUST FUND

Penalties paid pursuant to this section and sections 1319(c) and 1501 et seq. of this title to be deposited in the Oil Spill Liability Trust Fund created under sec-tion 9509 of Title 26, Internal Revenue Code, see section 4304 of Pub. L. 101–380, set out as a note under section 9509 of Title 26.

ALLOWABLE DELAY IN ESTABLISHING FINANCIAL RE-SPONSIBILITY FOR INCREASE IN AMOUNTS UNDER 1977 AMENDMENT

Pub. L. 95–217, § 58(j), Dec. 27, 1977, 91 Stat. 1596, pro-vided that: ‘‘No vessel subject to the increased amounts which result from the amendments made by sub-sections (d)(2), (d)(3), and (d)(4) of this section [amend-

ing this section] shall be required to establish any evi-dence of financial responsibility under section 311(p) of the Federal Water Pollution Control Act [subsec. (p) of this section] for such increased amounts before October 1, 1978.’’




Ex. Ord. No. 11735, Aug. 3, 1973, 38 F.R. 21243, as amended by Ex. Ord. No. 12418, May 5, 1983, 48 F.R. 20891, which assigned functions of the President regard-ing water pollution, was revoked by Ex. Ord. No. 12777, § 8(i), Oct. 18, 1991, 56 F.R. 54769, set out below.


Ex. Ord. No. 12418, May 5, 1983, 48 F.R. 20891, which transferred certain functions relating to the financial responsibility of vessels for water pollution and estab-lished authority of Federal agencies to respond to dis-charges or substantial threats of discharges of oil and hazardous substances, was revoked by Ex. Ord. No. 12777, § 8(i), Oct. 18, 1991, 56 F.R. 54769, set out below.

EX. ORD. NO. 12777. IMPLEMENTATION OF THIS SECTION AND OIL POLLUTION ACT OF 1990

Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54757, as amended by Ex. Ord. No. 13286, § 34, Feb. 28, 2003, 68 F.R. 10625; Ex. Ord. No. 13638, § 1, Mar. 15, 2013, 78 F.R. 17589, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including Section 311 of the Federal Water Pollution Control Act, (‘‘FWPCA’’) (33 U.S.C. 1321), as amended by the Oil Pollution Act of 1990 (Public Law 101–380) (‘‘OPA’’), and by Section 301 of Title 3 of the United States Code, it is hereby ordered as follows:

SECTION 1. National Contingency Plan, Area Committees,

and Area Contingency Plans. (a) [Amended Ex. Ord. No. 12580, set out as a note under section 9615 of Title 42, The Public Health and Welfare.]

(b) The functions vested in the President by Section 311(j)(4) of FWPCA, and Section 4202(b)(1) of OPA [set out as a note above], respecting the designation of Areas, the appointment of Area Committee members, the requiring of information to be included in Area Contingency Plans, and the review and approval of Area Contingency Plans are delegated to the Adminis-trator of the Environmental Protection Agency (‘‘Ad-ministrator’’) for the inland zone and the Secretary of the Department in which the Coast Guard is operating for the coastal zone (inland and coastal zones are de-fined in the NCP).

SEC. 2. National Response System. (a) The functions vested in the President by Section 311(j)(1)(A) of FWPCA, respecting the establishment of methods and procedures for the removal of discharged oil and haz-ardous substances, and by Section 311(j)(1)(B) of FWPCA respecting the establishment of criteria for the development and implementation of local and regional oil and hazardous substance removal contingency plans, are delegated to the Administrator for the inland zone and the Secretary of the Department in which the Coast Guard is operating for the coastal zone.

(b)(1) The functions vested in the President by Sec-tion 311(j)(1)(C) of FWPCA, respecting the establish-ment of procedures, methods, and equipment and other requirements for equipment to prevent and to contain discharges of oil and hazardous substances from non- transportation-related onshore facilities, are delegated to the Administrator.

(2) The functions vested in the President by Section 311(j)(1)(C) of FWPCA, respecting the establishment of procedures, methods, and equipment and other require-


ments for equipment to prevent and to contain dis-charges of oil and hazardous substances from vessels and transportation-related onshore facilities and deep-water ports subject to the Deepwater Ports [Port] Act of 1974 (‘‘DPA’’) [33 U.S.C. 1501 et seq.], are delegated to the Secretary of Transportation and the Secretary of the Department in which the Coast Guard is operating.

(3) The functions vested in the President by Section 311(j)(1)(C) of FWPCA, respecting the establishment of procedures, methods, and equipment and other require-ments for equipment to prevent and to contain dis-charges of oil and hazardous substances from offshore facilities, including associated pipelines, other than deepwater ports subject to the DPA, are delegated to the Secretary of the Interior.

(c) The functions vested in the President by Section 311(j)(1)(D) of FWPCA, respecting the inspection of ves-sels carrying cargoes of oil and hazardous substances and the inspection of such cargoes, are delegated to the Secretary of the Department in which the Coast Guard is operating.

(d)(1) The functions vested in the President by Sec-tion 311(j)(5) of FWPCA and Section 4202(b)(4) of OPA [set out as a note above], respecting the issuance of regulations requiring the owners or operators of non- transportation-related onshore facilities to prepare and submit response plans, the approval of means to ensure the availability of private personnel and equipment, the review and approval of such response plans, and the authorization of non-transportation-related onshore fa-cilities to operate without approved response plans, are delegated to the Administrator.

(2) The functions vested in the President by Section 311(j)(5) of FWPCA and Section 4202(b)(4) of OPA, re-specting the issuance of regulations requiring the own-ers or operators of tank vessels, transportation-related onshore facilities and deepwater ports subject to the DPA, to prepare and submit response plans, the ap-proval of means to ensure the availability of private personnel and equipment, the review and approval of such response plans, and the authorization of tank ves-sels, transportation-related onshore facilities and deep-water ports subject to the DPA to operate without ap-proved response plans, are delegated to the Secretary of Transportation and the Secretary of the Department in which the Coast Guard is operating.

(3) The functions vested in the President by Section 311(j)(5) of FWPCA and Section 4202(b)(4) of OPA, re-specting the issuance of regulations requiring the own-ers or operators of offshore facilities, including associ-ated pipelines, other than deepwater ports subject to the DPA, to prepare and submit response plans, the ap-proval of means to ensure the availability of private personnel and equipment, the review and approval of such response plans, and the authorization of offshore facilities, including associated pipelines, other than deepwater ports subject to the DPA, to operate without approved response plans, are delegated to the Secretary of the Interior.

(e)(1) The functions vested in the President by Sec-tion 311(j)(6)(A) of FWPCA, respecting the requirements for periodic inspections of containment booms and equipment used to remove discharges at non-transpor-tation-related onshore facilities, are delegated to the Administrator.

(2) The functions vested in the President by Section 311(j)(6)(A) of FWPCA, respecting the requirements for periodic inspections of containment booms and equip-ment used to remove discharges on vessels, and at transportation-related onshore facilities and deepwater ports subject to the DPA, are delegated to the Sec-retary of the Department in which the Coast Guard is operating.

(3) The functions vested in the President by Section 311(j)(6)(A) of FWPCA, respecting the requirements for periodic inspections of containment booms and equip-ment used to remove discharges at offshore facilities, including associated pipelines, other than deepwater ports subject to the DPA, are delegated to the Sec-retary of the Interior.

(f) The functions vested in the President by Section 311(j)(6)(B) of FWPCA, respecting requirements for ves-sels to carry appropriate removal equipment, are dele-gated to the Secretary of the Department in which the Coast Guard is operating.

(g)(1) The functions vested in the President by Sec-tion 311(j)(7) of FWPCA, respecting periodic drills of re-moval capability under relevant response plans for on-shore and offshore facilities located in the inland zone, and the publishing of annual reports on those drills, are delegated to the Administrator.

(2) The functions vested in the President by Section 311(j)(7) of FWPCA, respecting periodic drills of re-moval capability under relevant response plans for tank vessels, and for onshore and offshore facilities lo-cated in the coastal zone, and the publishing of annual reports on those drills, are delegated to the Secretary of the Department in which the Coast Guard is operat-ing.

(h) No provision of Section 2 of this order, including, but not limited to, any delegation or assignment of any function hereunder, shall in any way affect, or be con-strued or interpreted to affect the authority of any De-partment or agency, or the head of any Department or agency under any provision of law other than Section 311(j) of FWPCA or Section 4202(b)(4) of OPA.

(i) The functions vested in the President by Section 311(j) of FWPCA or Section 4202(b)(4) of OPA which have been delegated or assigned by Section 2 of this order may be redelegated to the head of any Executive department or agency with his or her consent.

SEC. 3. Removal. The functions vested in the President by Section 311(c) of FWPCA and Section 1011 of OPA [33 U.S.C. 2711], respecting an effective and immediate re-moval or arrangement for removal of a discharge and mitigation or prevention of a substantial threat of a discharge of oil or a hazardous substance, the direction and monitoring of all Federal, State and private ac-tions, the removal and destruction of a vessel, the issu-ance of directions, consulting with affected trustees, and removal completion determinations, are delegated to the Administrator for the inland zone and to the Secretary of the Department in which the Coast Guard is operating for the coastal zone.

SEC. 4. Liability Limit Adjustment. (a)(1) The following functions vested in the President by section 1004(d) of OPA are delegated to the Secretary of the department in which the Coast Guard is operating, acting in con-sultation with the Administrator, the Secretary of Transportation, the Secretary of the Interior, and the Attorney General:

(A) the adjustment of the limits of liability listed in section 1004(a) of OPA for vessels, onshore facili-ties, and deepwater ports subject to the DPA, to re-flect significant increases in the Consumer Price Index;

(B) the establishment of limits of liability under section 1004(d)(1), with respect to classes or cat-egories of marine transportation-related onshore fa-cilities, and the adjustment of any such limits of li-ability established under section 1004(d)(1), and of any limits of liability established under section 1004(d)(2) with respect to deepwater ports subject to the DPA, to reflect significant increases in the Consumer Price Index; and

(C) the reporting to Congress on the desirability of adjusting limits of liability, with respect to vessels, marine transportation-related onshore facilities, and deepwater ports subject to the DPA. (2) The Administrator and the Secretary of Transpor-

tation will provide necessary regulatory analysis sup-port to ensure timely regulatory Consumer Price Index adjustments by the Secretary of the department in which the Coast Guard is operating of the limits of li-ability listed in section 1004(a) of OPA for onshore fa-cilities under subparagraph (a)(1)(A) of this section.

(b) The following functions vested in the President by section 1004(d) of OPA are delegated to the Adminis-trator, acting in consultation with the Secretary of the department in which the Coast Guard is operating, the


Secretary of Transportation, the Secretary of the Inte-rior, the Secretary of Energy, and the Attorney Gen-eral:

(1) the establishment of limits of liability under sec-tion 1004(d)(1), with respect to classes or categories of non-transportation-related onshore facilities, and the adjustment of any such limits of liability established under section 1004(d)(1) by the Administrator to reflect significant increases in the Consumer Price Index; and

(2) the reporting to Congress on the desirability of ad-justing limits of liability with respect to non-transpor-tation-related onshore facilities.

(c) The following functions vested in the President by section 1004(d) of OPA are delegated to the Secretary of Transportation, acting in consultation with the Sec-retary of the department in which the Coast Guard is operating, the Administrator, the Secretary of the In-terior, and the Attorney General:

(1) the establishment of limits of liability under sec-tion 1004(d)(1), with respect to classes or categories of non-marine transportation-related onshore facilities, and the adjustment of any such limits of liability es-tablished under section 1004(d)(1) by the Secretary of Transportation to reflect significant increases in the Consumer Price Index; and

(2) the reporting to Congress on the desirability of ad-justing limits of liability, with respect to non-marine transportation-related onshore facilities.

(d) The following functions vested in the President by section 1004(d) of OPA are delegated to the Secretary of the Interior, acting in consultation with the Secretary of the department in which the Coast Guard is operat-ing, the Administrator, the Secretary of Transpor-tation, and the Attorney General:

(1) the adjustment of limits of liability to reflect sig-nificant increases in the Consumer Price Index with re-spect to offshore facilities, including associated pipe-lines, other than deepwater ports subject to the DPA; and

(2) the reporting to Congress on the desirability of ad-justing limits of liability with respect to offshore fa-cilities, including associated pipelines, other than deep-water ports subject to the DPA.

SEC. 5. Financial Responsibility. (a)(1) The functions vested in the President by Section 1016(e) of OPA [33 U.S.C. 2716(e)], respecting (in the case of offshore facili-ties other than deepwater ports) the issuance of regula-tions concerning financial responsibility, the deter-mination of acceptable methods of financial respon-sibility, and the specification of necessary or unaccept-able terms, conditions, or defenses, are delegated to the Secretary of the Interior.

(2) The functions vested in the President by Section 1016(e) of OPA, respecting (in the case of deepwater ports) the issuance of regulations concerning financial responsibility, the determination of acceptable meth-ods of financial responsibility, and the specification of necessary or unacceptable terms, conditions, or de-fenses, are delegated to the Secretary of the Depart-ment in which the Coast Guard is operating.

(b)(1) The functions vested in the President by Sec-tion 4303 of OPA [33 U.S.C. 2716a], respecting (in cases involving vessels) the assessment of civil penalties, the compromising, modification or remission, with or with-out condition, and the referral for collection of such imposed penalties, and requests to the Attorney Gen-eral to secure necessary judicial relief, are delegated to the Secretary of the Department in which the Coast Guard is operating.

(2) The functions vested in the President by Section 4303 of OPA, respecting (in cases involving offshore fa-cilities other than deepwater ports) the assessment of civil penalties, the compromising, modification or re-mission, with or without condition, and the referral for collection of such imposed penalties, and requests to the Attorney General to secure necessary judicial re-lief, are delegated to the Secretary of the Interior.

(3) The functions vested in the President by Section 4303 of OPA, respecting (in cases involving deepwater ports) the assessment of civil penalties, the compromis-

ing, modification or remission, with or without condi-tion, and the referral for collection of such imposed penalties, and requests to the Attorney General to se-cure necessary judicial relief, are delegated to the Sec-retary of the Department in which the Coast Guard is operating.

SEC. 6. Enforcement. (a) The functions vested in the President by Section 311(m)(1) of FWPCA, respecting the enforcement of Section 311 with respect to vessels, are delegated to the Secretary of the Department in which the Coast Guard is operating.

(b) The functions vested in the President by Section 311(e) of FWPCA, respecting determinations of immi-nent and substantial threat, requesting the Attorney General to secure judicial relief, and other action in-cluding issuing administrative orders, are delegated to the Administrator for the inland zone and to the Sec-retary of the Department in which the Coast Guard is operating for the coastal zone.

SEC. 7. Management of the Oil Spill Liability Trust Fund

and Claims. (a)(1)(A) The functions vested in the Presi-dent by Section 1012(a)(1), (3), and (4) of OPA [33 U.S.C. 2712(a)(1), (3), (4)] respecting payment of removal costs and claims and determining consistency with the Na-tional Contingency Plan (NCP) are delegated to the Secretary of the Department in which the Coast Guard is operating.

(B) The functions vested in the President by Section 6002(b) of the OPA [33 U.S.C. 2752(b)] respecting making amounts, not to exceed $50,000,000 and subject to nor-mal budget controls, in any fiscal year, available from the Fund (i) to carry out Section 311(c) of FWPCA, and (ii) to initiate the assessment of natural resources damages required under Section 1006 of OPA [33 U.S.C. 2706] are delegated to the Secretary of the Department in which the Coast Guard is operating. Such Secretary shall make amounts available from the Fund to initi-ate the assessment of natural resources damages exclu-sively to the Federal trustees designated in the NCP. Such Federal trustees shall allocate such amounts among all trustees required to assess natural resources damages under Section 1006 of OPA.

(2) The functions vested in the President by Section 1012(a)(2) of OPA [33 U.S.C. 2712(a)(2)], respecting the payment of costs and determining consistency with the NCP, are delegated to the Federal trustees designated in the NCP.

(3) The functions vested in the President by Section 1012(a)(5) of OPA, respecting the payment of costs and expenses of departments and agencies having respon-sibility for the implementation, administration, and enforcement of the Oil Pollution Act of 1990 and sub-sections (b), (c), (d), (j) and (l) of Section 311 of FWPCA, are delegated to each head of such department and agency.

(b) The functions vested in the President by Section 1012(c) of OPA, respecting designation of Federal offi-cials who may obligate money, are delegated to each head of the departments and agencies to whom func-tions have been delegated under section 7(a) of this order for the purpose of carrying out such functions.

(c)(1) The functions vested in the President by Sec-tion 1012(d) and (e) of OPA, respecting the obligation of the Trust Fund on the request of a Governor or pursu-ant to an agreement with a State, entrance into agree-ments with States, agreement upon terms and condi-tions, and the promulgation of regulations concerning such obligation and entrance into such agreement, are delegated to the Secretary of the Department in which the Coast Guard is operating, in consultation with the Administrator.

(2) The functions vested in the President by Section 1013(e) of OPA [33 U.S.C. 2713(e)], respecting the promul-gation and amendment of regulations for the presen-tation, filing, processing, settlement, and adjudication of claims under OPA against the Trust Fund, are dele-gated to the Secretary of the Department in which the Coast Guard is operating, in consultation with the At-torney General.

(3) The functions vested in the President by Section 1012(a) of OPA, respecting the payment of costs, dam-


ages, and claims, delegated herein to the Secretary of the Department in which the Coast Guard is operating, include, inter alia, the authority to process, settle, and administratively adjudicate such costs, damages, and claims, regardless of amount.

(d)(1) The Coast Guard is designated the ‘‘appropriate agency’’ for the purpose of receiving the notice of dis-charge of oil or hazardous substances required by Sec-tion 311(b)(5) of FWPCA, and the Secretary of the De-partment in which the Coast Guard is operating is au-thorized to issue regulations implementing this des-ignation.

(2) The functions vested in the President by Section 1014 of OPA [33 U.S.C. 2714], respecting designation of sources of discharges or threats, notification to respon-sible parties, promulgation of regulations respecting advertisements, the advertisement of designation, and notification of claims procedures, are delegated to the Secretary of the Department in which the Coast Guard is operating.

SEC. 8. Miscellaneous. (a) The functions vested in the President by Section 311(b)(3) and (4) of FWPCA, as amended by the Oil Pollution Act of 1990, respecting the determination of quantities of oil and any hazard-ous substances the discharge of which may be harmful to the public health or welfare or the environment and the determinations of quantities, time, locations, cir-cumstances, or conditions, which are not harmful, are delegated to the Administrator.

(b) The functions vested in the President by Section 311(d)(2)(G) of FWPCA, respecting schedules of dispers-ant, chemical, and other spill mitigating devices or substances, are delegated to the Administrator.

(c) The functions vested in the President by Section 1006(b)(3) and (4) of OPA [33 U.S.C. 2706(b)(3), (4)] re-specting the receipt of designations of State and Indian tribe trustees for natural resources are delegated to the Administrator.

(d) The function vested in the President by Section 3004 of OPA [104 Stat. 508], with respect to encouraging the development of an international inventory of equipment and personnel, is delegated to the Secretary of the Department in which the Coast Guard is operat-ing, in consultation with the Secretary of State.

(e) The functions vested in the President by Section 4113 of OPA [104 Stat. 516], respecting a study on the use of liners or other secondary means of containment for onshore facilities, and the implementation of the recommendations of the study, are delegated to the Ad-ministrator.

(f) The function vested in the President by Section 5002(c)(2)(D) of OPA [33 U.S.C. 2732(c)(2)(D)], respecting the designating of an employee of the Federal Govern-ment who shall represent the Federal Government on the Oil Terminal Facilities and Oil Tanker Operations Associations, is delegated to the Secretary of the De-partment in which the Coast Guard is operating.

(g) The functions vested in the President by Section 5002(o) of OPA, respecting the annual certification of alternative voluntary advisory groups, are delegated to the Secretary of the Department in which the Coast Guard is operating.

(h) The function vested in the President by Section 7001(a)(3) of OPA [33 U.S.C. 2761(a)(3)], respecting the appointment of Federal agencies to membership on the Interagency Coordinating Committee on Oil Pollution Research, is delegated to the Secretary of the Depart-ment in which the Coast Guard is operating.

(i) Executive Order No. 11735 of August 3, 1973, Execu-tive Order No. 12123 of February 26, 1979, Executive Order No. 12418 of May 5, 1983 and the memorandum of August 24, 1990, delegating certain authorities of the President under the Oil Pollution Act of 1990 are re-voked.

SEC. 9. Consultation. Authorities and functions dele-gated or assigned by this order shall be exercised sub-ject to consultation with the Secretaries of depart-ments and the heads of agencies with statutory respon-sibilities which may be significantly affected, includ-ing, but not limited to, the Department of Justice.

SEC. 10. Litigation. (a) Notwithstanding any other pro-vision of this order, any representation pursuant to or under this order in any judicial proceedings shall be by or through the Attorney General. The conduct and con-trol of all litigation arising under the Oil Pollution Act of 1990 [see Short Title note set out under section 2701 of this title] shall be the responsibility of the Attorney General.

(b) Notwithstanding any other provision of this order, the authority under the Oil Pollution Act of 1990 to re-quire the Attorney General to commence litigation is retained by the President.

(c) Notwithstanding any other provision of this order, the Secretaries of the Departments of Transportation, Commerce, Interior, Agriculture, the Secretary of the Department in which the Coast Guard is operating, and/or the Administrator of the Environmental Protec-tion Agency may request that the Attorney General commence litigation under the Oil Pollution Act of 1990.

(d) The Attorney General, in his discretion, is author-ized to require that, with respect to a particular oil spill, an agency refrain from taking administrative en-forcement action without first consulting with the At-torney General.

EX. ORD. NO. 13626. GULF COAST ECOSYSTEM RESTORATION

Ex. Ord. No. 13626, Sept. 10, 2012, 77 F.R. 56749, pro-vided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 311 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C. 1321), section 1006 of the Oil Pollution Act of 1990 (33 U.S.C. 2706), and section 301 of title 3, United States Code, it is hereby ordered as follows:

SECTION 1. Policy. Executive Order 13554 of October 5, 2010, was issued after the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulted in the largest oil spill in U.S. history (Deepwater Horizon Oil Spill). Executive Order 13554 recognized the Gulf Coast as a national treasure and addressed the longstanding eco-logical decline of that region, which was compounded by the Deepwater Horizon Oil Spill. In doing so, Execu-tive Order 13554 established a Gulf Coast Ecosystem Restoration Task Force (Task Force) to coordinate intergovernmental efforts, planning, and the exchange of information in order to better implement Gulf Coast ecosystem restoration and facilitate appropriate ac-countability and support throughout the restoration process.

Since the implementation of Executive Order 13554, the Federal Government’s Gulf Coast ecosystem res-toration planning efforts have advanced significantly. The Task Force’s Gulf of Mexico Regional Ecosystem Restoration Strategy (Strategy), created with input from Federal, State, tribal, and local governments, and thousands of involved citizens and organizations across the region, serves as a comprehensive restoration plan for addressing ecological concerns in the Gulf of Mex-ico. In light of the release of the Strategy, the ongoing work of the Natural Resource Damage Trustee Council (Trustee Council) under the Oil Pollution Act, and the recent passage of the Resources and Ecosystems Sus-tainability, Tourist Opportunities, and Revived Econo-mies of the Gulf Coast States Act of 2012 (RESTORE Act) (title I, subtitle F of Public Law 112–141), this order affirms the Federal Government’s Gulf Coast eco-system restoration efforts and realigns responsibilities to ensure the most effective governmental planning and coordination to reach these goals.

SEC. 2. Termination of the Gulf Coast Ecosystem Restora-

tion Task Force. The progress of the Task Force is note-worthy. It has completed the Strategy and the prelimi-nary planning and coordination tasks that it was in-tended to produce and has significantly advanced im-portant ecosystem restoration goals for the Gulf of Mexico. In light of the recent creation, described below,


of the Gulf Coast Ecosystem Restoration Council (Gulf Restoration Council), which will build upon the Task Force’s already successful collaboration between Fed-eral, State, and tribal governments and, as directed by statute, include and incorporate in its proposed com-prehensive plan the findings and information prepared by the Task Force, the Task Force shall terminate no later than 60 days after the Gulf Restoration Council commences its work. The functions of the Task Force will be performed by the Gulf Restoration Council and the Trustee Council to the extent practicable, as set forth in this order. Prior to its termination, the Task Force will provide such assistance as is appropriate to the Gulf Restoration Council.

SEC. 3. The Gulf Coast Restoration Trust Fund and the

Gulf Coast Ecosystem Restoration Council. (a) Gulf Coast Restoration Trust Fund. The RESTORE

Act, which was signed into law as part of the Moving Ahead for Progress in the 21st Century Act (Public Law 112–141), established a mechanism for providing funding to the Gulf region to restore ecosystems and rebuild local economies damaged by the Deepwater Horizon Oil Spill. The RESTORE Act established in the Treasury of the United States the Gulf Coast Restoration Trust Fund (Trust Fund), consisting of 80 percent of an amount equal to any administrative and civil penalties paid after the date of the RESTORE Act by the respon-sible parties in connection with the Deepwater Horizon Oil Spill to the United States pursuant to a court order, negotiated settlement, or other instrument in accordance with section 311 of the FWPCA (33 U.S.C. 1321).

(b) Gulf Coast Ecosystem Restoration Council. The RE-STORE Act established the Gulf Restoration Council, an independent entity charged with developing a com-prehensive plan for ecosystem restoration in the Gulf Coast (Comprehensive Plan), as well as any future revi-sions to the Comprehensive Plan. Among its other du-ties, the Gulf Restoration Council is tasked with iden-tifying projects and programs aimed at restoring and protecting the natural resources and ecosystems of the Gulf Coast region, to be funded from a portion of the Trust Fund; establishing such other advisory commit-tees as may be necessary to assist the Gulf Restoration Council, including a scientific advisory committee and a committee to advise the Gulf Restoration Council on public policy issues; gathering information relevant to Gulf Coast restoration, including through research, modeling, and monitoring; and providing an annual re-port to the Congress on implementation progress. Con-sistent with the RESTORE Act, the Comprehensive Plan developed by the Gulf Restoration Council will in-clude provisions necessary to fully incorporate the Strategy, projects, and programs recommended by the Task Force.

(c) Federal members of the Gulf Restoration Council and Trustee Council, as well as all Federal entities in-volved in Gulf Coast restoration, shall work closely with one another to advance their common goals, re-duce duplication, and maximize consistency among their efforts. All Federal members are directed to con-sult with each other and with all non-federal members in carrying out their duties on the Gulf Restoration Council.

SEC. 4. Ongoing Role of the Natural Resource Damage

Assessment Trustee Council. (a) Executive Order 13554 recognized the role of the Trustee Council, and des-ignated trustees as provided in 33 U.S.C. 2706, with trusteeship over natural resources injured, lost, or de-stroyed as a result of the Deepwater Horizon Oil Spill. Specifically, Executive Order 13554 recognized the im-portance of carefully coordinating the work of the Task Force with the Trustee Council, whose members have statutory responsibility to assess natural resources damages from the Deepwater Horizon Oil Spill, to re-store trust resources, and seek compensation for lost use of those trust resources. Section 3(b) of Executive Order 13554 instructed the Task Force to ‘‘support the Natural Resource Damage Assessment process by refer-ring potential ecosystem restoration actions to the

* * * Trustee Council for consideration and facilitating coordination among the relevant departments, agen-cies, and offices, as appropriate, subject to the inde-pendent statutory responsibilities of the trustees.’’ The Department of Commerce (through the National Oce-anic and Atmospheric Administration), the Department of the Interior (through the Fish and Wildlife Service and the National Park Service), and the Department of Justice have worked to identify linkages and opportu-nities for the Task Force to complement the restora-tion progress of the Trustee Council.

(b) Section 7(e) of Executive Order 13554 provides that nothing in that order shall interfere with the statutory responsibilities and authority of the Trustee Council or the individual trustees to carry out their statutory re-sponsibilities to assess natural resource damages and implement restoration actions under 33 U.S.C. 2706 and other applicable law. Agencies that were members of the Task Force shall continue to comply with these re-quirements.

SEC. 5. Designating Trustees for Natural Resource Dam-

age Assessment. Given their authorities, programs, and expertise, the Environmental Protection Agency (EPA) and the Department of Agriculture (USDA) have insti-tutional capacities that can contribute significantly to the Natural Resource Damage Assessment and restora-tion efforts, including scientific and policy expertise as well as experience gained in the Task Force process and other planning efforts in the Gulf area. In addition, EPA’s and USDA’s relevant authorities cover a range of natural resources and their supporting ecosystems, including waters, sediments, barrier islands, wetlands, soils, land management, air resources, and drinking water supplies. The inclusion of EPA and USDA as trustees participating in the Natural Resource Damage Assessment and restoration efforts will maximize co-ordination across the Federal Government and enhance overall efficiencies regarding Gulf Coast ecosystem res-toration. Accordingly, without limiting the designa-tions in Executive Order 12777 of October 18, 1991, or any other existing designations, and pursuant to sec-tion 2706(b)(2) of title 33, United States Code, I hereby designate the Administrator of EPA and the Secretary of Agriculture as additional trustees for Natural Re-source Damage Assessment and restoration solely in connection with injury to, destruction of, loss of, or loss of use of natural resources, including their sup-porting ecosystems, resulting from the Deepwater Hori-zon Oil Spill. The addition of these Federal trustees does not, in and of itself, alter any existing agreements among or between the trustees and any other entity. All Federal trustees are directed to consult, coordinate, and cooperate with each other in carrying out all of their trustee duties and responsibilities.

The Administrator of EPA is hereby directed to re-vise Subpart G of the National Oil and Hazardous Sub-stances Pollution Contingency Plan to reflect the des-ignations for the Deepwater Horizon Oil Spill discussed in this section.

SEC. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to a department or agency, or the head thereof; or

(ii) the functions of the Trustee Council, or those of the Director of the Office of Management and Budget, relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appro-priations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce-able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d) Executive Order 13554 of October 5, 2010, is hereby revoked concurrent with the termination of the Task Force under the terms described in section 2 of this order.

BARACK OBAMA.

TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1321b

§ 1321a. Prevention of small oil spills

(a) Prevention and education program

The Under Secretary of Commerce for Oceans and Atmosphere, in consultation with the Sec-retary of the Department in which the Coast Guard is operating and other appropriate agen-cies, shall establish an oil spill prevention and education program for small vessels. The pro-gram shall provide for assessment, outreach, and training and voluntary compliance activi-ties to prevent and improve the effective re-sponse to oil spills from vessels and facilities not required to prepare a vessel response plan under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), including recreational vessels, commercial fishing vessels, marinas, and aquaculture facilities. The Under Secretary may provide grants to sea grant colleges and in-stitutes designated under section 1126 of this title and to State agencies, tribal governments, and other appropriate entities to carry out—

(1) regional assessments to quantify the source, incidence and volume of small oil spills, focusing initially on regions in the country where, in the past 10 years, the inci-dence of such spills is estimated to be the highest;

(2) voluntary, incentive-based clean marina programs that encourage marina operators, recreational boaters, and small commercial vessel operators to engage in environmentally sound operating and maintenance procedures and best management practices to prevent or reduce pollution from oil spills and other sources;

(3) cooperative oil spill prevention education programs that promote public understanding of the impacts of spilled oil and provide useful information and techniques to minimize pollu-tion, including methods to remove oil and re-duce oil contamination of bilge water, prevent accidental spills during maintenance and re-fueling and properly cleanup and dispose of oil and hazardous substances; and

(4) support for programs, including outreach and education to address derelict vessels and the threat of such vessels sinking and dis-charging oil and other hazardous substances, including outreach and education to involve efforts to the owners of such vessels.

(b) Authorization of appropriations

There are authorized to be appropriated to the Under Secretary of Commerce for Oceans and Atmosphere to carry out this section, $10,000,000 for each of fiscal years 2010 through 2014.

(Pub. L. 111–281, title VII, § 705, Oct. 15, 2010, 124 Stat. 2982.)

REFERENCES IN TEXT

The Federal Water Pollution Control Act, referred to in subsec. (a), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to this chapter. For com-plete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables.

CODIFICATION

Section was enacted as part of the Coast Guard Au-thorization Act of 2010, and not as part of the Federal

Water Pollution Control Act which comprises this chapter.

§ 1321b. Improved coordination with tribal gov-ernments

(a) In general

Within 6 months after October 15, 2010, the Secretary of the Department in which the Coast Guard is operating shall complete the develop-ment of a tribal consultation policy, which rec-ognizes and protects to the maximum extent practicable tribal treaty rights and trust assets in order to improve the Coast Guard’s consulta-tion and coordination with the tribal govern-ments of federally recognized Indian tribes with respect to oil spill prevention, preparedness, re-sponse and natural resource damage assessment.

(b) Inclusion of tribal government

The Secretary of the Department in which the Coast Guard is operating shall ensure that, as soon as practicable after identifying an oil spill that is likely to have a significant impact on natural or cultural resources owned or directly utilized by a federally recognized Indian tribe, the Coast Guard will—

(1) ensure that representatives of the tribal government of the affected tribes are included as part of the incident command system estab-lished by the Coast Guard to respond to the spill;

(2) share information about the oil spill with the tribal government of the affected tribe; and

(3) to the extent practicable, involve tribal governments in deciding how to respond to the spill.

(c) Cooperative arrangements

The Coast Guard may enter into memoranda of agreement and associated protocols with In-dian tribal governments in order to establish co-operative arrangements for oil pollution preven-tion, preparedness, and response. Such memo-randa may be entered into prior to the develop-ment of the tribal consultation and coordination policy to provide Indian tribes grant and con-tract assistance. Such memoranda of agreement and associated protocols with Indian tribal gov-ernments may include—

(1) arrangements for the assistance of the tribal government to participate in the devel-opment of the National Contingency Plan and local Area Contingency Plans to the extent they affect tribal lands, cultural and natural resources;

(2) arrangements for the assistance of the tribal government to develop the capacity to implement the National Contingency Plan and local Area Contingency Plans to the extent they affect tribal lands, cultural and natural resources;

(3) provisions on coordination in the event of a spill, including agreements that representa-tives of the tribal government will be included as part of the regional response team co- chaired by the Coast Guard and the Environ-mental Protection Agency to establish poli-cies for responding to oil spills;

(4) arrangements for the Coast Guard to pro-vide training of tribal incident commanders

TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1321c

and spill responders for oil spill preparedness and response;

(5) demonstration projects to assist tribal governments in building the capacity to pro-tect tribal treaty rights and trust assets from oil spills; and

(6) such additional measures the Coast Guard determines to be necessary for oil pollu-tion prevention, preparedness, and response.

(d) Funding for tribal participation

Subject to the availability of appropriations, the Commandant of the Coast Guard shall pro-vide assistance to participating tribal govern-ments in order to facilitate the implementation of cooperative arrangements under subsection (c) and ensure the participation of tribal govern-ments in such arrangements. There are author-ized to be appropriated to the Commandant $500,000 for each of fiscal years 2010 through 2014 to be used to carry out this section.


CODIFICATION

Section was enacted as part of the Coast Guard Au-thorization Act of 2010, and not as part of the Federal Water Pollution Control Act which comprises this chapter.

§ 1321c. International efforts on enforcement

The Secretary of the department in which the Coast Guard is operating, in consultation with the heads of other appropriate Federal agencies, shall ensure that the Coast Guard pursues stronger enforcement in the International Mari-time Organization of agreements related to oil discharges, including joint enforcement oper-ations, training, and stronger compliance mech-anisms.


CODIFICATION

Section was enacted as part of the Coast Guard Au-thorization Act of 2010, and not as part of the Federal Water Pollution Control Act which comprises this chapter.

§ 1322. Marine sanitation devices

(a) Definitions

For the purpose of this section, the term— (1) ‘‘new vessel’’ includes every description

of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the navigable waters, the construction of which is initiated after pro-mulgation of standards and regulations under this section;

(2) ‘‘existing vessel’’ includes every descrip-tion of watercraft or other artificial contriv-ance used, or capable of being used, as a means of transportation on the navigable waters, the construction of which is initiated before pro-mulgation of standards and regulations under this section;

(3) ‘‘public vessel’’ means a vessel owned or bareboat chartered and operated by the United States, by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce;

(4) ‘‘United States’’ includes the States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, Amer-ican Samoa, the Canal Zone, and the Trust Territory of the Pacific Islands;

(5) ‘‘marine sanitation device’’ includes any equipment for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage;

(6) ‘‘sewage’’ means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes ex-cept that, with respect to commercial vessels on the Great Lakes, such term shall include graywater;

(7) ‘‘manufacturer’’ means any person en-gaged in the manufacturing, assembling, or importation of marine sanitation devices or of vessels subject to standards and regulations promulgated under this section;

(8) ‘‘person’’ means an individual, partner-ship, firm, corporation, association, or agency of the United States, but does not include an individual on board a public vessel;

(9) ‘‘discharge’’ includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping;

(10) ‘‘commercial vessels’’ means those ves-sels used in the business of transporting prop-erty for compensation or hire, or in transport-ing property in the business of the owner, les-see, or operator of the vessel;

(11) ‘‘graywater’’ means galley, bath, and shower water;

(12) ‘‘discharge incidental to the normal op-eration of a vessel’’—

(A) means a discharge, including— (i) graywater, bilge water, cooling water,

weather deck runoff, ballast water, oil water separator effluent, and any other pollutant discharge from the operation of a marine propulsion system, shipboard ma-neuvering system, crew habitability sys-tem, or installed major equipment, such as an aircraft carrier elevator or a catapult, or from a protective, preservative, or ab-sorptive application to the hull of the ves-sel; and

(ii) a discharge in connection with the testing, maintenance, and repair of a sys-tem described in clause (i) whenever the vessel is waterborne; and

(B) does not include— (i) a discharge of rubbish, trash, garbage,

or other such material discharged over-board;

(ii) an air emission resulting from the operation of a vessel propulsion system, motor driven equipment, or incinerator; or

(iii) a discharge that is not covered by part 122.3 of title 40, Code of Federal Regu-lations (as in effect on February 10, 1996);

(13) ‘‘marine pollution control device’’ means any equipment or management prac-tice, for installation or use on board a vessel of the Armed Forces, that is—

(A) designed to receive, retain, treat, con-trol, or discharge a discharge incidental to the normal operation of a vessel; and


(B) determined by the Administrator and the Secretary of Defense to be the most ef-fective equipment or management practice to reduce the environmental impacts of the discharge consistent with the considerations set forth in subsection (n)(2)(B); and

(14) ‘‘vessel of the Armed Forces’’ means— (A) any vessel owned or operated by the

Department of Defense, other than a time or voyage chartered vessel; and

(B) any vessel owned or operated by the Department of Transportation that is des-ignated by the Secretary of the department in which the Coast Guard is operating as a vessel equivalent to a vessel described in subparagraph (A).

(b) Federal standards of performance

(1) As soon as possible, after October 18, 1972, and subject to the provisions of section 1254(j) of this title, the Administrator, after consultation with the Secretary of the department in which the Coast Guard is operating, after giving appro-priate consideration to the economic costs in-volved, and within the limits of available tech-nology, shall promulgate Federal standards of performance for marine sanitation devices (hereafter in this section referred to as ‘‘stand-ards’’) which shall be designed to prevent the discharge of untreated or inadequately treated sewage into or upon the navigable waters from new vessels and existing vessels, except vessels not equipped with installed toilet facilities. Such standards and standards established under subsection (c)(1)(B) of this section shall be con-sistent with maritime safety and the marine and navigation laws and regulations and shall be coordinated with the regulations issued under this subsection by the Secretary of the depart-ment in which the Coast Guard is operating. The Secretary of the department in which the Coast Guard is operating shall promulgate regula-tions, which are consistent with standards pro-mulgated under this subsection and subsection (c) of this section and with maritime safety and the marine and navigation laws and regulations governing the design, construction, installation, and operation of any marine sanitation device on board such vessels.

(2) Any existing vessel equipped with a marine sanitation device on the date of promulgation of initial standards and regulations under this sec-tion, which device is in compliance with such initial standards and regulations, shall be deemed in compliance with this section until such time as the device is replaced or is found not to be in compliance with such initial stand-ards and regulations.

(c) Initial standards; effective dates; revision; waiver

(1)(A) Initial standards and regulations under this section shall become effective for new ves-sels two years after promulgation; and for exist-ing vessels five years after promulgation. Revi-sions of standards and regulations shall be effec-tive upon promulgation, unless another effective date is specified, except that no revision shall take effect before the effective date of the standard or regulation being revised.

(B) The Administrator shall, with respect to commercial vessels on the Great Lakes, estab-

lish standards which require at a minimum the equivalent of secondary treatment as defined under section 1314(d) of this title. Such stand-ards and regulations shall take effect for exist-ing vessels after such time as the Administrator determines to be reasonable for the upgrading of marine sanitation devices to attain such stand-ard.

(2) The Secretary of the department in which the Coast Guard is operating with regard to his regulatory authority established by this section, after consultation with the Administrator, may distinguish among classes, type, and sizes of ves-sels as well as between new and existing vessels, and may waive applicability of standards and regulations as necessary or appropriate for such classes, types, and sizes of vessels (including ex-isting vessels equipped with marine sanitation devices on the date of promulgation of the ini-tial standards required by this section), and, upon application, for individual vessels.

(d) Vessels owned and operated by the United States

The provisions of this section and the stand-ards and regulations promulgated hereunder apply to vessels owned and operated by the United States unless the Secretary of Defense finds that compliance would not be in the inter-est of national security. With respect to vessels owned and operated by the Department of De-fense, regulations under the last sentence of subsection (b)(1) of this section and certifi-cations under subsection (g)(2) of this section shall be promulgated and issued by the Sec-retary of Defense.

(e) Pre-promulgation consultation

Before the standards and regulations under this section are promulgated, the Administrator and the Secretary of the department in which the Coast Guard is operating shall consult with the Secretary of State; the Secretary of Health and Human Services; the Secretary of Defense; the Secretary of the Treasury; the Secretary of Commerce; other interested Federal agencies; and the States and industries interested; and otherwise comply with the requirements of sec-tion 553 of title 5.

(f) Regulation by States or political subdivisions thereof; complete prohibition upon discharge of sewage

(1)(A) Except as provided in subparagraph (B), after the effective date of the initial standards and regulations promulgated under this section, no State or political subdivision thereof shall adopt or enforce any statute or regulation of such State or political subdivision with respect to the design, manufacture, or installation or use of any marine sanitation device on any ves-sel subject to the provisions of this section.

(B) A State may adopt and enforce a statute or regulation with respect to the design, manufac-ture, or installation or use of any marine sanita-tion device on a houseboat, if such statute or regulation is more stringent than the standards and regulations promulgated under this section. For purposes of this paragraph, the term ‘‘houseboat’’ means a vessel which, for a period of time determined by the State in which the vessel is located, is used primarily as a residence


and is not used primarily as a means of trans-portation.

(2) If, after promulgation of the initial stand-ards and regulations and prior to their effective date, a vessel is equipped with a marine sanita-tion device in compliance with such standards and regulations and the installation and oper-ation of such device is in accordance with such standards and regulations, such standards and regulations shall, for the purposes of paragraph (1) of this subsection, become effective with re-spect to such vessel on the date of such compli-ance.

(3) After the effective date of the initial stand-ards and regulations promulgated under this section, if any State determines that the protec-tion and enhancement of the quality of some or all of the waters within such State require greater environmental protection, such State may completely prohibit the discharge from all vessels of any sewage, whether treated or not, into such waters, except that no such prohibi-tion shall apply until the Administrator deter-mines that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for such water to which such prohibition would apply. Upon application of the State, the Adminis-trator shall make such determination within 90 days of the date of such application.

(4)(A) If the Administrator determines upon application by a State that the protection and enhancement of the quality of specified waters within such State requires such a prohibition, he shall by regulation completely prohibit the discharge from a vessel of any sewage (whether treated or not) into such waters.

(B) Upon application by a State, the Adminis-trator shall, by regulation, establish a drinking water intake zone in any waters within such State and prohibit the discharge of sewage from vessels within that zone.

(g) Sales limited to certified devices; certification of test device; recordkeeping; reports

(1) No manufacturer of a marine sanitation de-vice shall sell, offer for sale, or introduce or de-liver for introduction in interstate commerce, or import into the United States for sale or resale any marine sanitation device manufactured after the effective date of the standards and reg-ulations promulgated under this section unless such device is in all material respects substan-tially the same as a test device certified under this subsection.

(2) Upon application of the manufacturer, the Secretary of the department in which the Coast Guard is operating shall so certify a marine sanitation device if he determines, in accord-ance with the provisions of this paragraph, that it meets the appropriate standards and regula-tions promulgated under this section. The Sec-retary of the department in which the Coast Guard is operating shall test or require such testing of the device in accordance with proce-dures set forth by the Administrator as to standards of performance and for such other pur-poses as may be appropriate. If the Secretary of the department in which the Coast Guard is op-erating determines that the device is satisfac-tory from the standpoint of safety and any other

requirements of maritime law or regulation, and after consideration of the design, installation, operation, material, or other appropriate fac-tors, he shall certify the device. Any device manufactured by such manufacturer which is in all material respects substantially the same as the certified test device shall be deemed to be in conformity with the appropriate standards and regulations established under this section.

(3) Every manufacturer shall establish and maintain such records, make such reports, and provide such information as the Administrator or the Secretary of the department in which the Coast Guard is operating may reasonably re-quire to enable him to determine whether such manufacturer has acted or is acting in compli-ance with this section and regulations issued thereunder and shall, upon request of an officer or employee duly designated by the Adminis-trator or the Secretary of the department in which the Coast Guard is operating, permit such officer or employee at reasonable times to have access to and copy such records. All information reported to or otherwise obtained by the Admin-istrator or the Secretary of the Department in which the Coast Guard is operating or their rep-resentatives pursuant to this subsection which contains or relates to a trade secret or other matter referred to in section 1905 of title 18 shall be considered confidential for the purpose of that section, except that such information may be disclosed to other officers or employees con-cerned with carrying out this section. This para-graph shall not apply in the case of the con-struction of a vessel by an individual for his own use.

(h) Sale and resale of properly equipped vessels; operability of certified marine sanitation de-vices

After the effective date of standards and regu-lations promulgated under this section, it shall be unlawful—

(1) for the manufacturer of any vessel sub-ject to such standards and regulations to man-ufacture for sale, to sell or offer for sale, or to distribute for sale or resale any such vessel unless it is equipped with a marine sanitation device which is in all material respects sub-stantially the same as the appropriate test de-vice certified pursuant to this section;

(2) for any person, prior to the sale or deliv-ery of a vessel subject to such standards and regulations to the ultimate purchaser, wrong-fully to remove or render inoperative any cer-tified marine sanitation device or element of design of such device installed in such vessel;

(3) for any person to fail or refuse to permit access to or copying of records or to fail to make reports or provide information required under this section; and

(4) for a vessel subject to such standards and regulations to operate on the navigable waters of the United States, if such vessel is not equipped with an operable marine sanitation device certified pursuant to this section.

(i) Jurisdiction to restrain violations; contempts

The district courts of the United States shall have jurisdictions to restrain violations of sub-section (g)(1) of this section and subsections (h)(1) through (3) of this section. Actions to re-


strain such violations shall be brought by, and in, the name of the United States. In case of contumacy or refusal to obey a subpena served upon any person under this subsection, the dis-trict court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requir-ing such person to appear and give testimony or to appear and produce documents, and any fail-ure to obey such order of the court may be pun-ished by such court as a contempt thereof.

(j) Penalties

Any person who violates subsection (g)(1), clause (1) or (2) of subsection (h), or subsection (n)(8) shall be liable to a civil penalty of not more than $5,000 for each violation. Any person who violates clause (4) of subsection (h) of this section or any regulation issued pursuant to this section shall be liable to a civil penalty of not more than $2,000 for each violation. Each viola-tion shall be a separate offense. The Secretary of the department in which the Coast Guard is operating may assess and compromise any such penalty. No penalty shall be assessed until the person charged shall have been given notice and an opportunity for a hearing on such charge. In determining the amount of the penalty, or the amount agreed upon in compromise, the gravity of the violation, and the demonstrated good faith of the person charged in attempting to achieve rapid compliance, after notification of a violation, shall be considered by said Secretary.

(k) Enforcement authority

The provisions of this section shall be enforced by the Secretary of the department in which the Coast Guard is operating and he may utilize by agreement, with or without reimbursement, law enforcement officers or other personnel and fa-cilities of the Administrator, other Federal agencies, or the States to carry out the provi-sions of this section. The provisions of this sec-tion may also be enforced by a State.

(l) Boarding and inspection of vessels; execution of warrants and other process

Anyone authorized by the Secretary of the de-partment in which the Coast Guard is operating to enforce the provisions of this section may, ex-cept as to public vessels, (1) board and inspect any vessel upon the navigable waters of the United States and (2) execute any warrant or other process issued by an officer or court of competent jurisdiction.

(m) Enforcement in United States possessions

In the case of Guam and the Trust Territory of the Pacific Islands, actions arising under this section may be brought in the district court of Guam, and in the case of the Virgin Islands such actions may be brought in the district court of the Virgin Islands. In the case of American Samoa and the Trust Territory of the Pacific Is-lands, such actions may be brought in the Dis-trict Court of the United States for the District of Hawaii and such court shall have jurisdiction of such actions. In the case of the Canal Zone, such actions may be brought in the District Court for the District of the Canal Zone.

(n) Uniform national discharge standards for vessels of Armed Forces

(1) Applicability

This subsection shall apply to vessels of the Armed Forces and discharges, other than sew-age, incidental to the normal operation of a vessel of the Armed Forces, unless the Sec-retary of Defense finds that compliance with this subsection would not be in the national security interests of the United States.

(2) Determination of discharges required to be controlled by marine pollution control de-vices

(A) In general

The Administrator and the Secretary of Defense, after consultation with the Sec-retary of the department in which the Coast Guard is operating, the Secretary of Com-merce, and interested States, shall jointly determine the discharges incidental to the normal operation of a vessel of the Armed Forces for which it is reasonable and prac-ticable to require use of a marine pollution control device to mitigate adverse impacts on the marine environment. Notwithstand-ing subsection (a)(1) of section 553 of title 5, the Administrator and the Secretary of De-fense shall promulgate the determinations in accordance with such section. The Sec-retary of Defense shall require the use of a marine pollution control device on board a vessel of the Armed Forces in any case in which it is determined that the use of such a device is reasonable and practicable.

(B) Considerations

In making a determination under subpara-graph (A), the Administrator and the Sec-retary of Defense shall take into consider-ation—

(i) the nature of the discharge; (ii) the environmental effects of the dis-

charge; (iii) the practicability of using the ma-

rine pollution control device; (iv) the effect that installation or use of

the marine pollution control device would have on the operation or operational capa-bility of the vessel;

(v) applicable United States law; (vi) applicable international standards;

and (vii) the economic costs of the installa-

tion and use of the marine pollution con-trol device.

(3) Performance standards for marine pollu-tion control devices

(A) In general

For each discharge for which a marine pol-lution control device is determined to be re-quired under paragraph (2), the Adminis-trator and the Secretary of Defense, in con-sultation with the Secretary of the depart-ment in which the Coast Guard is operating, the Secretary of State, the Secretary of Commerce, other interested Federal agen-cies, and interested States, shall jointly pro-mulgate Federal standards of performance for each marine pollution control device re-


quired with respect to the discharge. Not-withstanding subsection (a)(1) of section 553 of title 5, the Administrator and the Sec-retary of Defense shall promulgate the standards in accordance with such section.

(B) Considerations

In promulgating standards under this paragraph, the Administrator and the Sec-retary of Defense shall take into consider-ation the matters set forth in paragraph (2)(B).

(C) Classes, types, and sizes of vessels

The standards promulgated under this paragraph may—

(i) distinguish among classes, types, and sizes of vessels;

(ii) distinguish between new and existing vessels; and

(iii) provide for a waiver of the applica-bility of the standards as necessary or ap-propriate to a particular class, type, age, or size of vessel.

(4) Regulations for use of marine pollution con-trol devices

The Secretary of Defense, after consultation with the Administrator and the Secretary of the department in which the Coast Guard is operating, shall promulgate such regulations governing the design, construction, installa-tion, and use of marine pollution control de-vices on board vessels of the Armed Forces as are necessary to achieve the standards pro-mulgated under paragraph (3).

(5) Deadlines; effective date

(A) Determinations

The Administrator and the Secretary of Defense shall—

(i) make the initial determinations under paragraph (2) not later than 2 years after February 10, 1996; and

(ii) every 5 years— (I) review the determinations; and (II) if necessary, revise the determina-

tions based on significant new informa-tion.

(B) Standards

The Administrator and the Secretary of Defense shall—

(i) promulgate standards of performance for a marine pollution control device under paragraph (3) not later than 2 years after the date of a determination under paragraph (2) that the marine pollution control device is required; and

(ii) every 5 years— (I) review the standards; and (II) if necessary, revise the standards,

consistent with paragraph (3)(B) and based on significant new information.

(C) Regulations

The Secretary of Defense shall promulgate regulations with respect to a marine pollu-tion control device under paragraph (4) as soon as practicable after the Administrator and the Secretary of Defense promulgate standards with respect to the device under paragraph (3), but not later than 1 year after

the Administrator and the Secretary of De-fense promulgate the standards. The regula-tions promulgated by the Secretary of De-fense under paragraph (4) shall become effec-tive upon promulgation unless another effec-tive date is specified in the regulations.

(D) Petition for review

The Governor of any State may submit a petition requesting that the Secretary of De-fense and the Administrator review a deter-mination under paragraph (2) or a standard under paragraph (3), if there is significant new information, not considered previously, that could reasonably result in a change to the particular determination or standard after consideration of the matters set forth in paragraph (2)(B). The petition shall be ac-companied by the scientific and technical in-formation on which the petition is based. The Administrator and the Secretary of De-fense shall grant or deny the petition not later than 2 years after the date of receipt of the petition.

(6) Effect on other laws

(A) Prohibition on regulation by States or po-litical subdivisions of States

Beginning on the effective date of— (i) a determination under paragraph (2)

that it is not reasonable and practicable to require use of a marine pollution control device regarding a particular discharge in-cidental to the normal operation of a ves-sel of the Armed Forces; or

(ii) regulations promulgated by the Sec-retary of Defense under paragraph (4);

except as provided in paragraph (7), neither a State nor a political subdivision of a State may adopt or enforce any statute or regula-tion of the State or political subdivision with respect to the discharge or the design, construction, installation, or use of any ma-rine pollution control device required to control discharges from a vessel of the Armed Forces.

(B) Federal laws

This subsection shall not affect the appli-cation of section 1321 of this title to dis-charges incidental to the normal operation of a vessel.

(7) Establishment of State no-discharge zones

(A) State prohibition

(i) In general

After the effective date of— (I) a determination under paragraph (2)

that it is not reasonable and practicable to require use of a marine pollution con-trol device regarding a particular dis-charge incidental to the normal oper-ation of a vessel of the Armed Forces; or

(II) regulations promulgated by the Secretary of Defense under paragraph (4);

if a State determines that the protection and enhancement of the quality of some or all of the waters within the State require greater environmental protection, the


State may prohibit 1 or more discharges incidental to the normal operation of a vessel, whether treated or not treated, into the waters. No prohibition shall apply until the Administrator makes the deter-minations described in subclauses (II) and (III) of subparagraph (B)(i).

(ii) Documentation

To the extent that a prohibition under this paragraph would apply to vessels of the Armed Forces and not to other types of vessels, the State shall document the technical or environmental basis for the distinction.

(B) Prohibition by the Administrator

(i) In general

Upon application of a State, the Admin-istrator shall by regulation prohibit the discharge from a vessel of 1 or more dis-charges incidental to the normal operation of a vessel, whether treated or not treated, into the waters covered by the application if the Administrator determines that—

(I) the protection and enhancement of the quality of the specified waters with-in the State require a prohibition of the discharge into the waters;

(II) adequate facilities for the safe and sanitary removal of the discharge inci-dental to the normal operation of a ves-sel are reasonably available for the wa-ters to which the prohibition would apply; and

(III) the prohibition will not have the effect of discriminating against a vessel of the Armed Forces by reason of the ownership or operation by the Federal Government, or the military function, of the vessel.

(ii) Approval or disapproval

The Administrator shall approve or dis-approve an application submitted under clause (i) not later than 90 days after the date on which the application is submitted to the Administrator. Notwithstanding clause (i)(II), the Administrator shall not disapprove an application for the sole rea-son that there are not adequate facilities to remove any discharge incidental to the normal operation of a vessel from vessels of the Armed Forces.

(C) Applicability to foreign flagged vessels

A prohibition under this paragraph— (i) shall not impose any design, construc-

tion, manning, or equipment standard on a foreign flagged vessel engaged in innocent passage unless the prohibition implements a generally accepted international rule or standard; and

(ii) that relates to the prevention, reduc-tion, and control of pollution shall not apply to a foreign flagged vessel engaged in transit passage unless the prohibition implements an applicable international regulation regarding the discharge of oil, oily waste, or any other noxious substance into the waters.

(8) Prohibition relating to vessels of the Armed Forces

After the effective date of the regulations promulgated by the Secretary of Defense under paragraph (4), it shall be unlawful for any vessel of the Armed Forces subject to the regulations to—

(A) operate in the navigable waters of the United States or the waters of the contig-uous zone, if the vessel is not equipped with any required marine pollution control device meeting standards established under this subsection; or

(B) discharge overboard any discharge in-cidental to the normal operation of a vessel in waters with respect to which a prohibi-tion on the discharge has been established under paragraph (7).

(9) Enforcement

This subsection shall be enforceable, as pro-vided in subsections (j) and (k), against any agency of the United States responsible for vessels of the Armed Forces notwithstanding any immunity asserted by the agency.

(o) Management practices for recreational ves-sels

(1) Applicability

This subsection applies to any discharge, other than a discharge of sewage, from a rec-reational vessel that is—

(A) incidental to the normal operation of the vessel; and

(B) exempt from permitting requirements under section 1342(r) of this title.

(2) Determination of discharges subject to management practices

(A) Determination

(i) In general

The Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating, the Sec-retary of Commerce, and interested States, shall determine the discharges in-cidental to the normal operation of a rec-reational vessel for which it is reasonable and practicable to develop management practices to mitigate adverse impacts on the waters of the United States.

(ii) Promulgation

The Administrator shall promulgate the determinations under clause (i) in accord-ance with section 553 of title 5.

(iii) Management practices

The Administrator shall develop man-agement practices for recreational vessels in any case in which the Administrator de-termines that the use of those practices is reasonable and practicable.

(B) Considerations

In making a determination under subpara-graph (A), the Administrator shall con-sider—

(i) the nature of the discharge; (ii) the environmental effects of the dis-

charge; (iii) the practicability of using a man-

agement practice;


(iv) the effect that the use of a manage-ment practice would have on the oper-ation, operational capability, or safety of the vessel;

(v) applicable Federal and State law; (vi) applicable international standards;

and (vii) the economic costs of the use of the

management practice.

(C) Timing

The Administrator shall— (i) make the initial determinations

under subparagraph (A) not later than 1 year after July 29, 2008; and

(ii) every 5 years thereafter— (I) review the determinations; and (II) if necessary, revise the determina-

tions based on any new information available to the Administrator.

(3) Performance standards for management practices

(A) In general

For each discharge for which a manage-ment practice is developed under paragraph (2), the Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of Commerce, other interested Federal agen-cies, and interested States, shall promul-gate, in accordance with section 553 of title 5, Federal standards of performance for each management practice required with respect to the discharge.

(B) Considerations

In promulgating standards under this paragraph, the Administrator shall take into account the considerations described in paragraph (2)(B).

(C) Classes, types, and sizes of vessels

The standards promulgated under this paragraph may—

(i) distinguish among classes, types, and sizes of vessels;

(ii) distinguish between new and existing vessels; and

(iii) provide for a waiver of the applica-bility of the standards as necessary or ap-propriate to a particular class, type, age, or size of vessel.

(D) Timing

The Administrator shall— (i) promulgate standards of performance

for a management practice under subpara-graph (A) not later than 1 year after the date of a determination under paragraph (2) that the management practice is rea-sonable and practicable; and

(ii) every 5 years thereafter— (I) review the standards; and (II) if necessary, revise the standards,

in accordance with subparagraph (B) and based on any new information available to the Administrator.

(4) Regulations for the use of management practices

(A) In general

The Secretary of the department in which the Coast Guard is operating shall promul-

gate such regulations governing the design, construction, installation, and use of man-agement practices for recreational vessels as are necessary to meet the standards of per-formance promulgated under paragraph (3).

(B) Regulations

(i) In general

The Secretary shall promulgate the reg-ulations under this paragraph as soon as practicable after the Administrator pro-mulgates standards with respect to the practice under paragraph (3), but not later than 1 year after the date on which the Ad-ministrator promulgates the standards.

(ii) Effective date

The regulations promulgated by the Sec-retary under this paragraph shall be effec-tive upon promulgation unless another ef-fective date is specified in the regulations.

(iii) Consideration of time

In determining the effective date of a regulation promulgated under this para-graph, the Secretary shall consider the pe-riod of time necessary to communicate the existence of the regulation to persons af-fected by the regulation.

(5) Effect of other laws

This subsection shall not affect the applica-tion of section 1321 of this title to discharges incidental to the normal operation of a rec-reational vessel.

(6) Prohibition relating to recreational vessels

After the effective date of the regulations promulgated by the Secretary of the depart-ment in which the Coast Guard is operating under paragraph (4), the owner or operator of a recreational vessel shall neither operate in nor discharge any discharge incidental to the normal operation of the vessel into, the waters of the United States or the waters of the con-tiguous zone, if the owner or operator of the vessel is not using any applicable management practice meeting standards established under this subsection.

(June 30, 1948, ch. 758, title III, § 312, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 871; amended Pub. L. 95–217, § 59, Dec. 27, 1977, 91 Stat. 1596; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100–4, title III, § 311, Feb. 4, 1987, 101 Stat. 42; Pub. L. 104–106, div. A, title III, § 325(b)–(c)(2), Feb. 10, 1996, 110 Stat. 254–259; Pub. L. 110–288, § 4, July 29, 2008, 122 Stat. 2650.)

REFERENCES IN TEXT

For definition of Canal Zone, referred to in subsecs. (a)(4) and (m), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

AMENDMENTS

2008—Subsec. (o). Pub. L. 110–288 added subsec. (o). 1996—Subsec. (a)(8). Pub. L. 104–106, § 325(c)(1)(A), sub-

stituted ‘‘corporation, association, or agency of the United States,’’ for ‘‘corporation, or association,’’.

Subsec. (a)(12) to (14). Pub. L. 104–106, § 325(c)(1)(B), (C), added pars. (12) to (14).

Subsec. (j). Pub. L. 104–106, § 325(c)(2), substituted ‘‘subsection (g)(1), clause (1) or (2) of subsection (h), or


subsection (n)(8) shall be liable’’ for ‘‘subsection (g)(1) of this section or clause (1) or (2) of subsection (h) of this section shall be liable’’.

Subsec. (n). Pub. L. 104–106, § 325(b), added subsec. (n). 1987—Subsec. (f)(1). Pub. L. 100–4, § 311(a), designated

existing provision as subpar. (A), substituted ‘‘Except as provided in subparagraph (B), after’’ for ‘‘After’’, and added subpar. (B).

Subsec. (k). Pub. L. 100–4, § 311(b), inserted at end ‘‘The provisions of this section may also be enforced by a State.’’

1977—Subsec. (a)(6). Pub. L. 95–217, § 59(a), inserted ‘‘except that, with respect to commercial vessels on the Great Lakes, such term shall include graywater’’ after ‘‘receive or retain body wastes’’.

Subsec. (a)(10), (11). Pub. L. 95–217, § 59(b), added pars. (10) and (11).

Subsec. (b)(1). Pub. L. 95–217, § 59(c), inserted ref-erences to standards established under subsec. (c)(1)(B) of this section and to standards promulgated under sub-sec. (c) of this section.

Subsec. (c)(1). Pub. L. 95–217, § 59(d), designated exist-ing provisions as subpar. (A) and added subpar. (B).

Subsec. (f)(4). Pub. L. 95–217, § 59(e), designated exist-ing provisions as subpar. (A) and added subpar. (B).

CHANGE OF NAME

‘‘Secretary of Health and Human Services’’ sub-stituted for ‘‘Secretary of Health, Education, and Wel-fare’’ in subsec. (e) pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education.





TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE CANAL ZONE

For termination of the United States District Court for the District of the Canal Zone at end of the ‘‘transi-tion period’’, being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Para-graph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96–70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse.

PURPOSE OF 1996 AMENDMENT

Pub. L. 104–106, div. A, title III, § 325(a), Feb. 10, 1996, 110 Stat. 254, provided that: ‘‘The purposes of this sec-tion [amending this section and section 1362 of this title and enacting provisions set out as a note below] are to—

‘‘(1) enhance the operational flexibility of vessels of the Armed Forces domestically and internationally;

‘‘(2) stimulate the development of innovative vessel pollution control technology; and

‘‘(3) advance the development by the United States Navy of environmentally sound ships.’’

COOPERATION IN NATIONAL DISCHARGE STANDARDS DEVELOPMENT

Pub. L. 104–106, div. A, title III, § 325(d), Feb. 10, 1996, 110 Stat. 259, provided that: ‘‘The Administrator of the

Environmental Protection Agency and the Secretary of Defense may, by mutual agreement, with or without re-imbursement, provide for the use of information, re-ports, personnel, or other resources of the Environ-mental Protection Agency or the Department of De-fense to carry out section 312(n) of the Federal Water Pollution Control Act [33 U.S.C. 1322(n)] (as added by subsection (b)), including the use of the resources—

‘‘(1) to determine— ‘‘(A) the nature and environmental effect of dis-

charges incidental to the normal operation of a ves-sel of the Armed Forces;

‘‘(B) the practicability of using marine pollution control devices on vessels of the Armed Forces; and

‘‘(C) the effect that installation or use of marine pollution control devices on vessels of the Armed Forces would have on the operation or operational capability of the vessels; and ‘‘(2) to establish performance standards for marine

pollution control devices on vessels of the Armed Forces.’’

CLEAN VESSELS

Pub. L. 102–587, title V, subtitle F, Nov. 4, 1992, 106 Stat. 5086, as amended by Pub. L. 109–59, title X, § 10131, Aug. 10, 2005, 119 Stat. 1931, provided that:

‘‘SEC. 5601. SHORT TITLE.

‘‘This subtitle may be cited as the ‘Clean Vessel Act of 1992’.

‘‘SEC. 5602. FINDINGS; PURPOSE.

‘‘(a) FINDINGS.—The Congress finds the following: ‘‘(1) The discharge of untreated sewage by vessels is

prohibited under Federal law in all areas within the navigable waters of the United States.

‘‘(2) The discharge of treated sewage by vessels is prohibited under either Federal or State law in many of the United States bodies of water where rec-reational boaters operate.

‘‘(3) There is currently an inadequate number of pumpout stations for type III marine sanitation de-vices where recreational vessels normally operate.

‘‘(4) Sewage discharged by recreational vessels be-cause of an inadequate number of pumpout stations is a substantial contributor to localized degradation of water quality in the United States. ‘‘(b) PURPOSE.—The purpose of this subtitle is to pro-

vide funds to States for the construction, renovation, operation, and maintenance of pumpout stations and waste reception facilities.

‘‘SEC. 5603. DETERMINATION AND PLAN REGARD-ING STATE MARINE SANITATION DEVICE PUMPOUT STATION NEEDS.

‘‘(a) SURVEY.—Within 3 months after the notification under section 5605(b), each coastal State shall conduct a survey to determine—

‘‘(1) the number and location of all operational pumpout stations and waste reception facilities at public and private marinas, mooring areas, docks, and other boating access facilities within the coastal zone of the State; and

‘‘(2) the number of recreational vessels in the coast-al waters of the State with type III marine sanitation devices or portable toilets, and the areas of those coastal waters where those vessels congregate. ‘‘(b) PLAN.—Within 6 months after the notification

under section 5605(b), and based on the survey con-ducted under subsection (a), each coastal State shall—

‘‘(1) develop and submit to the Secretary of the In-terior a plan for any construction or renovation of pumpout stations and waste reception facilities that are necessary to ensure that, based on the guidance issued under section 5605(a), there are pumpout sta-tions and waste reception facilities in the State that are adequate and reasonably available to meet the needs of recreational vessels using the coastal waters of the State; and

‘‘(2) submit to the Secretary of the Interior with that plan a list of all stations and facilities in the


coastal zone of the State which are operational on the date of submittal. ‘‘(c) PLAN APPROVAL.—

‘‘(1) IN GENERAL.—Not later than 60 days after a plan is submitted by a State under subsection (b), the Secretary of the Interior shall approve or disapprove the plan, based on—

‘‘(A) the adequacy of the survey conducted by the State under subsection (a); and

‘‘(B) the ability of the plan, based on the guidance issued under section 5605(a), to meet the construc-tion and renovation needs of the recreational ves-sels identified in the survey. ‘‘(2) NOTIFICATION OF STATE; MODIFICATION.—The

Secretary of the Interior shall promptly notify the affected Governor of the approval or disapproval of a plan. If a plan is disapproved, the Secretary of the In-terior shall recommend necessary modifications and return the plan to the affected Governor.

‘‘(3) RESUBMITTAL.—Not later than 60 days after re-ceiving a plan returned by the Secretary of the Inte-rior, the Governor shall make the appropriate changes and resubmit the plan. ‘‘(d) INDICATION OF STATIONS AND FACILITIES ON NOAA

CHARTS.— ‘‘(1) IN GENERAL.—The Under Secretary of Com-

merce for Oceans and Atmosphere shall indicate, on charts published by the National Oceanic and Atmos-pheric Administration for the use of operators of rec-reational vessels, the locations of pumpout stations and waste reception facilities.

‘‘(2) NOTIFICATION OF NOAA.— ‘‘(A) LISTS OF STATIONS AND FACILITIES.—The Sec-

retary of the Interior shall transmit to the Under Secretary of Commerce for Oceans and Atmosphere each list of operational stations and facilities sub-mitted by a State under subsection (b)(2), by not later than 30 days after the date of receipt of that list.

‘‘(B) COMPLETION OF PROJECT.—The Director of the United States Fish and Wildlife Service shall notify the Under Secretary of the location of each station or facility at which a construction or ren-ovation project is completed by a State with amounts made available under the Act of August 9, 1950 (16 U.S.C. 777a et seq. [16 U.S.C. 777 et seq.]), as amended by this subtitle, by not later than 30 days after the date of notification by a State of the com-pletion of the project.

‘‘SEC. 5604. FUNDING.

‘‘(a) TRANSFER.—[Amended section 777c of Title 16, Conservation.]

‘‘(b) ACCESS INCREASE.—[Amended section 777g of Title 16, Conservation.]

‘‘(c) GRANT PROGRAM.— ‘‘(1) MATCHING GRANTS.—The Secretary of the Inte-

rior may obligate an amount not to exceed the amount made available under section 4(b)(2) of the Act of August 9, 1950 (16 U.S.C. 777c(b)(2) [now 16 U.S.C. 777c(b)(3)], as amended by this Act), to make grants to—

‘‘(A) coastal States to pay not more than 75 per-cent of the cost to a coastal State of—

‘‘(i) conducting a survey under section 5603(a); ‘‘(ii) developing and submitting a plan and ac-

companying list under section 5603(b); ‘‘(iii) constructing and renovating pumpout sta-

tions and waste reception facilities; and ‘‘(iv) conducting a program to educate rec-

reational boaters about the problem of human body waste discharges from vessels and inform them of the location of pumpout stations and waste reception facilities. ‘‘(B) inland States, which can demonstrate to the

Secretary of the Interior that there are an inad-equate number of pumpout stations and waste re-ception facilities to meet the needs of recreational vessels in the waters of that State, to pay 75 per-cent of the cost to that State of—

‘‘(i) constructing and renovating pumpout sta-tions and waste reception facilities in the inland State; and

‘‘(ii) conducting a program to educate rec-reational boaters about the problem of human body waste discharges from vessels and inform them of the location of pumpout stations and waste reception facilities.

‘‘(2) PRIORITY.—In awarding grants under this sub-section, the Secretary of the Interior shall give prior-ity consideration to grant applications that—

‘‘(A) provide for public/private partnership efforts to develop and operate pumpout stations and waste reception facilities; and

‘‘(B) propose innovative ways to increase the availability and use of pumpout stations and waste reception facilities.

‘‘(d) DISCLAIMER.—Nothing in this subtitle shall be in-terpreted to preclude a State from carrying out the provisions of this subtitle with funds other than those described in this section.

‘‘SEC. 5605. GUIDANCE AND NOTIFICATION.

‘‘(a) ISSUANCE OF GUIDANCE.—Not later than 3 months after the date of the enactment of this subtitle [Nov. 4, 1992], the Secretary of the Interior shall, after consult-ing with the Administrator of the Environmental Pro-tection Agency, the Under Secretary of Commerce for Oceans and Atmosphere, and the Commandant of the Coast Guard, issue for public comment pumpout sta-tion and waste reception facility guidance. The Sec-retary of the Interior shall finalize the guidance not later than 6 months after the date of enactment of this subtitle. The guidance shall include—

‘‘(1) guidance regarding the types of pumpout sta-tions and waste reception facilities that may be ap-propriate for construction, renovation, operation, or maintenance with amounts available under the Act of August 9, 1950 (16 U.S.C. 777a et seq. [16 U.S.C. 777 et seq.]), as amended by this subtitle, and appropriate location of the stations and facilities within a marina or boatyard;

‘‘(2) guidance defining what constitutes adequate and reasonably available pumpout stations and waste reception facilities in boating areas;

‘‘(3) guidance on appropriate methods for disposal of vessel sewage from pumpout stations and waste re-ception facilities;

‘‘(4) guidance on appropriate connector fittings to facilitate the sanitary and expeditious discharge of sewage from vessels;

‘‘(5) guidance on the waters most likely to be af-fected by the discharge of sewage from vessels; and

‘‘(6) other information that is considered necessary to promote the establishment of pumpout facilities to reduce sewage discharges from vessels and to pro-tect United States waters. ‘‘(b) NOTIFICATION.—Not later than one month after

the guidance issued under subsection (a) is finalized, the Secretary of the Interior shall provide notification in writing to the fish and wildlife, water pollution con-trol, and coastal zone management authorities of each State, of—

‘‘(1) the availability of amounts under the Act of August 9, 1950 (16 U.S.C. 777a et seq. [16 U.S.C. 777 et seq.]) to implement the Clean Vessel Act of 1992; and

‘‘(2) the guidance developed under subsection (a).

‘‘SEC. 5606. EFFECT ON STATE FUNDING ELIGI-BILITY.

‘‘This subtitle shall not be construed or applied to jeopardize any funds available to a coastal State under the Act of August 9, 1950 (16 U.S.C. 777a et seq. [16 U.S.C. 777 et seq.]), if the coastal State is, in good faith, pursuing a survey and plan designed to meet the pur-poses of this subtitle.

‘‘SEC. 5607. APPLICABILITY.

‘‘The requirements of section 5603 shall not apply to a coastal State if within six months after the date of enactment of this subtitle [Nov. 4, 1992] the Secretary of the Interior certifies that—


‘‘(1) the State has developed and is implementing a plan that will ensure that there will be pumpout sta-tions and waste reception facilities adequate to meet the needs of recreational vessels in the coastal waters of the State; or

‘‘(2) existing pumpout stations and waste reception facilities in the coastal waters of the State are ade-quate to meet those needs.


‘‘For the purposes of this subtitle the term: ‘‘(1) ‘coastal State’—

‘‘(A) means a State of the United States in, or bordering on the Atlantic, Pacific, or Arctic Ocean; the Gulf of Mexico; Long Island Sound; or one or more of the Great Lakes;

‘‘(B) includes Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa; and

‘‘(C) does not include a State for which the ratio of the number of recreational vessels in the State numbered under chapter 123 of title 46, United States Code, to number of miles of shoreline (as that term is defined in section 926.2(d) of title 15, Code of Federal Regulations, as in effect on Janu-ary 1, 1991), is less than one. ‘‘(2) ‘coastal waters’ means—

‘‘(A) in the Great Lakes area, the waters within the territorial jurisdiction of the United States consisting of the Great Lakes, their connecting wa-ters, harbors, roadsteads, and estuary-type areas such as bays, shallows, and marshes; and

‘‘(B) in other areas, those waters, adjacent to the shorelines, which contain a measurable percentage of sea water, including sounds, bay, lagoons, bay-ous, ponds, and estuaries. ‘‘(3) ‘coastal zone’ has the same meaning that term

has in section 304(1) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(1));

‘‘(4) ‘inland State’ means a State which is not a coastal state;

‘‘(5) ‘type III marine sanitation device’ means any equipment for installation on board a vessel which is specifically designed to receive, retain, and discharge human body wastes;

‘‘(6) ‘pumpout station’ means a facility that pumps or receives human body wastes out of type III marine sanitation devices installed on board vessels;

‘‘(7) ‘recreational vessel’ means a vessel— ‘‘(A) manufactured for operation, or operated, pri-

marily for pleasure; or ‘‘(B) leased, rented, or chartered to another for

the latter’s pleasure; and ‘‘(8) ‘waste reception facility’ means a facility spe-

cifically designed to receive wastes from portable toilets carried on vessels, and does not include lavatories.’’



§ 1323. Federal facilities pollution control

(a) Compliance with pollution control require-ments by Federal entities

Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the Federal Government (1) having jurisdiction over any property or facility, or (2) engaged in any activity resulting, or which may result, in the discharge or runoff of pollutants, and each officer, agent, or employee thereof in the performance of his official duties, shall be subject to, and comply with, all Federal, State, interstate, and local requirements, administra-tive authority, and process and sanctions re-

specting the control and abatement of water pollution in the same manner, and to the same extent as any nongovernmental entity including the payment of reasonable service charges. The preceding sentence shall apply (A) to any re-quirement whether substantive or procedural (including any recordkeeping or reporting re-quirement, any requirement respecting permits and any other requirement, whatsoever), (B) to the exercise of any Federal, State, or local ad-ministrative authority, and (C) to any process and sanction, whether enforced in Federal, State, or local courts or in any other manner. This subsection shall apply notwithstanding any immunity of such agencies, officers, agents, or employees under any law or rule of law. Nothing in this section shall be construed to prevent any department, agency, or instrumentality of the Federal Government, or any officer, agent, or employee thereof in the performance of his offi-cial duties, from removing to the appropriate Federal district court any proceeding to which the department, agency, or instrumentality or officer, agent, or employee thereof is subject pursuant to this section, and any such proceed-ing may be removed in accordance with section 1441 et seq. of title 28. No officer, agent, or em-ployee of the United States shall be personally liable for any civil penalty arising from the per-formance of his official duties, for which he is not otherwise liable, and the United States shall be liable only for those civil penalties arising under Federal law or imposed by a State or local court to enforce an order or the process of such court. The President may exempt any effluent source of any department, agency, or instrumen-tality in the executive branch from compliance with any such a requirement if he determines it to be in the paramount interest of the United States to do so; except that no exemption may be granted from the requirements of section 1316 or 1317 of this title. No such exemptions shall be granted due to lack of appropriation unless the President shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to make available such requested appropriation. Any ex-emption shall be for a period not in excess of one year, but additional exemptions may be granted for periods of not to exceed one year upon the President’s making a new determination. The President shall report each January to the Con-gress all exemptions from the requirements of this section granted during the preceding cal-endar year, together with his reason for grant-ing such exemption. In addition to any such ex-emption of a particular effluent source, the President may, if he determines it to be in the paramount interest of the United States to do so, issue regulations exempting from compliance with the requirements of this section any weap-onry, equipment, aircraft, vessels, vehicles, or other classes or categories of property, and ac-cess to such property, which are owned or oper-ated by the Armed Forces of the United States (including the Coast Guard) or by the National Guard of any State and which are uniquely mili-tary in nature. The President shall reconsider the need for such regulations at three-year in-tervals.


(b) Cooperation with Federal entities and limita-tion on facility construction

(1) The Administrator shall coordinate with the head of each department, agency, or instru-mentality of the Federal Government having ju-risdiction over any property or facility utilizing federally owned wastewater facilities to develop a program of cooperation for utilizing waste-water control systems utilizing those innovative treatment processes and techniques for which guidelines have been promulgated under section 1314(d)(3) of this title. Such program shall in-clude an inventory of property and facilities which could utilize such processes and tech-niques.

(2) Construction shall not be initiated for fa-cilities for treatment of wastewater at any Fed-eral property or facility after September 30, 1979, if alternative methods for wastewater treatment at such property or facility utilizing innovative treatment processes and techniques, including but not limited to methods utilizing recycle and reuse techniques and land treatment are not utilized, unless the life cycle cost of the alternative treatment works exceeds the life cycle cost of the most cost effective alternative by more than 15 per centum. The Administrator may waive the application of this paragraph in any case where the Administrator determines it to be in the public interest, or that compliance with this paragraph would interfere with the or-derly compliance with conditions of a permit is-sued pursuant to section 1342 of this title.

(c) Reasonable service charges

(1) In general

For the purposes of this chapter, reasonable service charges described in subsection (a) in-clude any reasonable nondiscriminatory fee, charge, or assessment that is—

(A) based on some fair approximation of the proportionate contribution of the prop-erty or facility to stormwater pollution (in terms of quantities of pollutants, or volume or rate of stormwater discharge or runoff from the property or facility); and

(B) used to pay or reimburse the costs as-sociated with any stormwater management program (whether associated with a separate storm sewer system or a sewer system that manages a combination of stormwater and sanitary waste), including the full range of programmatic and structural costs attrib-utable to collecting stormwater, reducing pollutants in stormwater, and reducing the volume and rate of stormwater discharge, regardless of whether that reasonable fee, charge, or assessment is denominated a tax.

(2) Limitation on accounts

(A) Limitation

The payment or reimbursement of any fee, charge, or assessment described in para-graph (1) shall not be made using funds from any permanent authorization account in the Treasury.

(B) Reimbursement or payment obligation of Federal Government

Each department, agency, or instrumen-tality of the executive, legislative, and judi-

cial branches of the Federal Government, as described in subsection (a), shall not be obli-gated to pay or reimburse any fee, charge, or assessment described in paragraph (1), ex-cept to the extent and in an amount pro-vided in advance by any appropriations Act to pay or reimburse the fee, charge, or as-sessment.

(June 30, 1948, ch. 758, title III, § 313, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 875; amended Pub. L. 95–217, §§ 60, 61(a), Dec. 27, 1977, 91 Stat. 1597, 1598; Pub. L. 111–378, § 1, Jan. 4, 2011, 124 Stat. 4128.)

AMENDMENTS

2011—Subsec. (c). Pub. L. 111–378 added subsec. (c). 1977—Subsec. (a). Pub. L. 95–217, §§ 60, 61(a), des-

ignated existing provisions as subsec. (a) and inserted provisions making officers, agents, or employees of Federal departments, agencies, or instrumentalities subject to Federal, State, interstate, and local require-ments, administrative authority, process, and sanc-tions respecting the control and abatement of water pollution in the same manner and to the same extent as non-governmental entities, including the payment of reasonable service charges, inserted provisions cover-ing Federal employee liability, and inserted provisions relating to military source exemptions and the issu-ance of regulations covering those exemptions.

Subsec. (b). Pub. L. 95–217, § 60, added subsec. (b).



MARINE GUIDANCE SYSTEMS

Pub. L. 105–383, title IV, § 425(b), Nov. 13, 1998, 112 Stat. 3441, provided that: ‘‘The Secretary of Transpor-tation shall, within 12 months after the date of the en-actment of this Act [Nov. 13, 1998], evaluate and report to the Congress on the suitability of marine sector laser lighting, cold cathode lighting, and ultraviolet enhanced vision technologies for use in guiding marine vessels and traffic.’’

FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS

For provisions relating to the responsibility of the head of each Executive agency for compliance with ap-plicable pollution control standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under section 4321 of Title 42, The Public Health and Welfare.


Ex. Ord. No. 11258, Nov. 17, 1965, 30 F.R. 14483, which related to prevention, control, and abatement of water pollution by federal activities, was superseded by Ex. Ord. No. 11286, July 2, 1966, 31 F.R. 9261.


Ex. Ord. No. 11288, July 2, 1966, 31 F.R. 9261, which provided for prevention, control, and abatement of water pollution from federal activities, was superseded by Ex. Ord. No. 11507, Feb. 4, 1970, 35 F.R. 2573.


§ 1324. Clean lakes

(a) Establishment and scope of program

(1) State program requirements

Each State on a biennial basis shall prepare and submit to the Administrator for his ap-proval—

(A) an identification and classification ac-cording to eutrophic condition of all pub-licly owned lakes in such State;

(B) a description of procedures, processes, and methods (including land use require-ments), to control sources of pollution of such lakes;

(C) a description of methods and proce-dures, in conjunction with appropriate Fed-eral agencies, to restore the quality of such lakes;

(D) methods and procedures to mitigate the harmful effects of high acidity, including innovative methods of neutralizing and re-storing buffering capacity of lakes and methods of removing from lakes toxic met-als and other toxic substances mobilized by high acidity;

(E) a list and description of those publicly owned lakes in such State for which uses are known to be impaired, including those lakes which are known not to meet applicable water quality standards or which require im-plementation of control programs to main-tain compliance with applicable standards and those lakes in which water quality has deteriorated as a result of high acidity that may reasonably be due to acid deposition; and

(F) an assessment of the status and trends of water quality in lakes in such State, in-cluding but not limited to, the nature and extent of pollution loading from point and nonpoint sources and the extent to which the use of lakes is impaired as a result of such pollution, particularly with respect to toxic pollution.

(2) Submission as part of 1315(b)(1) report

The information required under paragraph (1) shall be included in the report required under section 1315(b)(1) of this title, beginning with the report required under such section by April 1, 1988.

(3) Report of Administrator

Not later than 180 days after receipt from the States of the biennial information re-quired under paragraph (1), the Administrator shall submit to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Envi-ronment and Public Works of the Senate a re-port on the status of water quality in lakes in the United States, including the effectiveness of the methods and procedures described in paragraph (1)(D).

(4) Eligibility requirement

Beginning after April 1, 1988, a State must have submitted the information required under paragraph (1) in order to receive grant assistance under this section.

(b) Financial assistance to States

The Administrator shall provide financial as-sistance to States in order to carry out methods

and procedures approved by him under sub-section (a) of this section. The Administrator shall provide financial assistance to States to prepare the identification and classification sur-veys required in subsection (a)(1) of this section.

(c) Maximum amount of grant; authorization of appropriations

(1) The amount granted to any State for any fiscal year under subsection (b) of this section shall not exceed 70 per centum of the funds ex-pended by such State in such year for carrying out approved methods and procedures under sub-section (a) of this section.

(2) There is authorized to be appropriated $50,000,000 for each of fiscal years 2001 through 2005 for grants to States under subsection (b) of this section which such sums shall remain avail-able until expended. The Administrator shall provide for an equitable distribution of such sums to the States with approved methods and procedures under subsection (a) of this section.

(d) Demonstration program

(1) General requirements

The Administrator is authorized and di-rected to establish and conduct at locations throughout the Nation a lake water quality demonstration program. The program shall, at a minimum—

(A) develop cost effective technologies for the control of pollutants to preserve or en-hance lake water quality while optimizing multiple lakes uses;

(B) control nonpoint sources of pollution which are contributing to the degradation of water quality in lakes;

(C) evaluate the feasibility of implement-ing regional consolidated pollution control strategies;

(D) demonstrate environmentally pre-ferred techniques for the removal and dis-posal of contaminated lake sediments;

(E) develop improved methods for the re-moval of silt, stumps, aquatic growth, and other obstructions which impair the quality of lakes;

(F) construct and evaluate silt traps and other devices or equipment to prevent or abate the deposit of sediment in lakes; and

(G) demonstrate the costs and benefits of utilizing dredged material from lakes in the reclamation of despoiled land.

(2) Geographical requirements

Demonstration projects authorized by this subsection shall be undertaken to reflect a va-riety of geographical and environmental con-ditions. As a priority, the Administrator shall undertake demonstration projects at Lake Champlain, New York and Vermont; Lake Houston, Texas; Beaver Lake, Arkansas; Greenwood Lake and Belcher Creek, New Jer-sey; Deal Lake, New Jersey; Alcyon Lake, New Jersey; Gorton’s Pond, Rhode Island; Lake Washington, Rhode Island; Lake Bomoseen, Vermont; Sauk Lake, Minnesota; Otsego Lake, New York; Oneida Lake, New York; Raystown Lake, Pennsylvania; Swan Lake, Itasca County, Minnesota; Walker Lake, Ne-vada; Lake Tahoe, California and Nevada; Ten Mile Lakes, Oregon; Woahink Lake, Oregon;


Highland Lake, Connecticut; Lily Lake, New Jersey; Strawbridge Lake, New Jersey; Baboosic Lake, New Hampshire; French Pond, New Hampshire; Dillon Reservoir, Ohio; Tohopekaliga Lake, Florida; Lake Apopka, Florida; Lake George, New York; Lake Wallenpaupack, Pennsylvania; Lake Allatoona, Georgia; and Lake Worth, Texas.

(3) Reports

Notwithstanding section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note; 109 Stat. 734–736), by January 1, 1997, and January 1 of every odd-numbered year thereafter, the Administrator shall re-port to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Pub-lic Works of the Senate on work undertaken pursuant to this subsection. Upon completion of the program authorized by this subsection, the Administrator shall submit to such com-mittees a final report on the results of such program, along with recommendations for fur-ther measures to improve the water quality of the Nation’s lakes.

(4) Authorization of appropriations

(A) In general

There is authorized to be appropriated to carry out this subsection not to exceed $40,000,000 for fiscal years beginning after September 30, 1986, to remain available until expended.

(B) Special authorizations

(i) Amount

There is authorized to be appropriated to carry out subsection (b) with respect to subsection (a)(1)(D) not to exceed $25,000,000 for fiscal years beginning after September 30, 1986, to remain available until expended.

(ii) Distribution of funds

The Administrator shall provide for an equitable distribution of sums appro-priated pursuant to this subparagraph among States carrying out approved meth-ods and procedures. Such distribution shall be based on the relative needs of each such State for the mitigation of the harmful ef-fects on lakes and other surface waters of high acidity that may reasonably be due to acid deposition or acid mine drainage.

(iii) Grants as additional assistance

The amount of any grant to a State under this subparagraph shall be in addi-tion to, and not in lieu of, any other Fed-eral financial assistance.

(June 30, 1948, ch. 758, title III, § 314, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 875; amended Pub. L. 95–217, §§ 4(f), 62(a), Dec. 27, 1977, 91 Stat. 1567, 1598; Pub. L. 96–483, § 1(f), Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100–4, title I, § 101(g), title III, § 315(a), (b), (d), Feb. 4, 1987, 101 Stat. 9, 49, 50, 52; Pub. L. 101–596, title III, § 302, Nov. 16, 1990, 104 Stat. 3006; Pub. L. 104–66, title II, § 2021(c), Dec. 21, 1995, 109 Stat. 727; Pub. L. 105–362, title V, § 501(b), Nov. 10, 1998, 112 Stat. 3283; Pub. L. 106–457, title VII, §§ 701, 702, Nov. 7,

2000, 114 Stat. 1976; Pub. L. 107–303, title III, § 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)

REFERENCES IN TEXT

Section 3003 of the Federal Reports Elimination and Sunset Act of 1995, referred to in subsec. (d)(3), is sec-tion 3003 of Pub. L. 104–66, which is set out as a note under section 1113 of Title 31, Money and Finance.

AMENDMENTS

2002—Subsec. (a)(3), (4). Pub. L. 107–303 repealed Pub. L. 105–362, § 501(b). See 1998 Amendment note below.

2000—Subsec. (c)(2). Pub. L. 106–457, § 701, substituted ‘‘$50,000,000 for each of fiscal years 2001 through 2005’’ for ‘‘$50,000,000 for the fiscal year ending June 30, 1973; $100,000,000 for the fiscal year 1974; $150,000,000 for the fiscal year 1975, $50,000,000 for fiscal year 1977, $60,000,000 for fiscal year 1978, $60,000,000 for fiscal year 1979, $60,000,000 for fiscal year 1980, $30,000,000 for fiscal year 1981, $30,000,000 for fiscal year 1982, such sums as may be necessary for fiscal years 1983 through 1985, and $30,000,000 per fiscal year for each of the fiscal years 1986 through 1990’’.

Subsec. (d)(2). Pub. L. 106–457, § 702(1), inserted ‘‘Ot-sego Lake, New York; Oneida Lake, New York; Raystown Lake, Pennsylvania; Swan Lake, Itasca County, Minnesota; Walker Lake, Nevada; Lake Tahoe, California and Nevada; Ten Mile Lakes, Oregon; Woahink Lake, Oregon; Highland Lake, Connecticut; Lily Lake, New Jersey; Strawbridge Lake, New Jersey; Baboosic Lake, New Hampshire; French Pond, New Hampshire; Dillon Reservoir, Ohio; Tohopekaliga Lake, Florida; Lake Apopka, Florida; Lake George, New York; Lake Wallenpaupack, Pennsylvania; Lake Allatoona, Georgia;’’ after ‘‘Sauk Lake, Minnesota;’’.

Subsec. (d)(3). Pub. L. 106–457, § 702(2), substituted ‘‘Notwithstanding section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note; 109 Stat. 734–736), by’’ for ‘‘By’’.

Subsec. (d)(4)(B)(i). Pub. L. 106–457, § 702(3), sub-stituted ‘‘$25,000,000’’ for ‘‘$15,000,000’’.

1998—Subsec. (a)(3), (4). Pub. L. 105–362, § 501(b), which directed the redesignation of par. (4) as (3) and striking out of heading and text of par. (3), was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below.

1995—Subsec. (d)(3). Pub. L. 104–66 substituted ‘‘By January 1, 1997, and January 1 of every odd-numbered year thereafter, the Administrator shall report to the Committee on Transportation and Infrastructure’’ for ‘‘The Administrator shall report annually to the Com-mittee on Public Works and Transportation’’.

1990—Subsec. (d)(2). Pub. L. 101–596 inserted ‘‘Lake Champlain, New York and Vermont;’’ before ‘‘Lake Houston, Texas’’.

1987—Subsec. (a). Pub. L. 100–4, § 315(a), amended sub-sec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘Each State shall prepare or establish, and submit to the Administrator for his approval—

‘‘(1) an identification and classification according to eutrophic condition of all publicly owned fresh water lakes in such State;

‘‘(2) procedures, processes, and methods (including land use requirements), to control sources of pollu-tion of such lakes; and

‘‘(3) methods and procedures, in conjunction with appropriate Federal agencies, to restore the quality of such lakes.’’ Subsec. (b). Pub. L. 100–4, § 315(d)(1), substituted ‘‘sub-

section (a) of this section’’ for ‘‘this section’’ in first sentence.

Subsec. (c)(1). Pub. L. 100–4, § 315(d)(2), substituted ‘‘subsection (b) of this section’’ for first reference to ‘‘this section’’ and ‘‘subsection (a) of this section’’ for second reference to ‘‘this section’’.

Subsec. (c)(2). Pub. L. 100–4, §§ 101(g), 315(d)(3), struck out ‘‘and’’ after ‘‘1981,’’ and inserted ‘‘, such sums as may be necessary for fiscal years 1983 through 1985, and $30,000,000 per fiscal year for each of the fiscal years



1986 through 1990’’ after ‘‘1982’’, and substituted ‘‘sub-section (b) of this section’’ for first reference to ‘‘this section’’ and ‘‘subsection (a) of this section’’ for second reference to ‘‘this section’’.

Subsec. (d). Pub. L. 100–4, § 315(b), added subsec. (d). 1980—Subsec. (c)(2). Pub. L. 96–483 inserted authoriza-

tion of $30,000,000 for each of fiscal years 1981 and 1982. 1977—Subsec. (b). Pub. L. 95–217, § 62(a), inserted pro-

vision directing the Administrator to provide financial assistance to States to prepare the identification and classification surveys required in subsec. (a)(1) of this section.

Subsec. (c)(2). Pub. L. 95–217, § 4(f), substituted ‘‘$150,000,000 for the fiscal year 1975, $50,000,000 for fiscal year 1977, $60,000,000 for fiscal year 1978, $60,000,000 for fiscal year 1979, and $60,000,000 for fiscal year 1980’’ for ‘‘and $150,000,000 for the fiscal year 1975’’.



§ 1325. National Study Commission

(a) Establishment

There is established a National Study Com-mission, which shall make a full and complete investigation and study of all of the techno-logical aspects of achieving, and all aspects of the total economic, social, and environmental effects of achieving or not achieving, the efflu-ent limitations and goals set forth for 1983 in section 1311(b)(2) of this title.

(b) Membership; chairman

Such Commission shall be composed of fifteen members, including five members of the Senate, who are members of the Environment and Pub-lic Works committee, appointed by the Presi-dent of the Senate, five members of the House, who are members of the Public Works and Transportation committee, appointed by the Speaker of the House, and five members of the public appointed by the President. The Chair-man of such Commission shall be elected from among its members.

(c) Contract authority

In the conduct of such study, the Commission is authorized to contract with the National Academy of Sciences and the National Academy of Engineering (acting through the National Re-search Council), the National Institute of Ecol-ogy, Brookings Institution, and other non-governmental entities, for the investigation of matters within their competence.

(d) Cooperation of departments, agencies, and instrumentalities of executive branch

The heads of the departments, agencies and in-strumentalities of the executive branch of the Federal Government shall cooperate with the Commission in carrying out the requirements of this section, and shall furnish to the Commis-sion such information as the Commission deems necessary to carry out this section.

(e) Report to Congress

A report shall be submitted to the Congress of the results of such investigation and study, to-

gether with recommendations, not later than three years after October 18, 1972.

(f) Compensation and allowances

The members of the Commission who are not officers or employees of the United States, while attending conferences or meetings of the Com-mission or while otherwise serving at the re-quest of the Chairman shall be entitled to re-ceive compensation at a rate not in excess of the maximum rate of pay for Grade GS–18, as pro-vided in the General Schedule under section 5332 of title 5, including traveltime and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence as authorized by law for persons in the Government service em-ployed intermittently.

(g) Appointment of personnel

In addition to authority to appoint personnel subject to the provisions of title 5 governing ap-pointments in the competitive service, and to pay such personnel in accordance with the pro-visions of chapter 51 and subchapter III of chap-ter 53 of such title relating to classification and General Schedule pay rates, the Commission shall have authority to enter into contracts with private or public organizations who shall furnish the Commission with such administra-tive and technical personnel as may be nec-essary to carry out the purpose of this section. Personnel furnished by such organizations under this subsection are not, and shall not be consid-ered to be, Federal employees for any purposes, but in the performance of their duties shall be guided by the standards which apply to employ-ees of the legislative branches under rules 41 and 43 1 of the Senate and House of Representatives, respectively.

(h) Authorization of appropriation

There is authorized to be appropriated, for use in carrying out this section, not to exceed $17,250,000.

(June 30, 1948, ch. 758, title III, § 315, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 875; amended Pub. L. 93–207, § 1(5), Dec. 28, 1973, 87 Stat. 906; Pub. L. 93–592, § 5, Jan. 2, 1975, 88 Stat. 1925; Pub. L. 94–238, Mar. 23, 1976, 90 Stat. 250; H. Res. 988, Oct. 8, 1974; S. Res. 4, Feb. 4, 1977.)

REFERENCES IN TEXT

Travel expenses, including per diem in lieu of subsist-ence as authorized by law, referred to subsec. (f), prob-ably refers to the allowances authorized by section 5703 of Title 5, Government Organization and Employees.

The General Schedule, referred to in subsec. (g), is set out under section 5332 of Title 5.

The Rules of the House of Representatives for the One Hundred Sixth Congress were adopted and amended generally by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Provisions formerly ap-pearing in rule 43, referred to in subsec. (g), were con-tained in rule XXIV, which was subsequently renum-bered Rule XXIII by House Resolution No. 5, One Hun-dred Seventh Congress, Jan. 3, 2001.

AMENDMENTS

1976—Subsec. (h). Pub. L. 94–238 substituted ‘‘$17,250,000’’ for ‘‘$17,000,000’’.


1975—Subsec. (h). Pub. L. 93–592 substituted ‘‘$17,000,000’’ for ‘‘$15,000,000’’.

1973—Subsecs. (g), (h). Pub. L. 93–207 added subsec. (g) and redesignated former subsec. (g) as (h).

CHANGE OF NAME

Committee on Public Works of Senate abolished and replaced by Committee on Environment and Public Works of Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of Senate, as amended by Senate Resolution No. 4 (popularly cited as the ‘‘Committee System Reorganization Amendments of 1977’’), ap-proved Feb. 4, 1977.

Committee on Public Works of House of Representa-tives changed to Committee on Public Works and Transportation of House of Representatives, effective Jan. 3, 1975, by House Resolution No. 988, 93d Congress. Committee on Public Works and Transportation of House of Representatives treated as referring to Com-mittee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Con-gress.



§ 1326. Thermal discharges

(a) Effluent limitations that will assure protec-tion and propagation of balanced, indigenous population of shellfish, fish, and wildlife

With respect to any point source otherwise subject to the provisions of section 1311 of this title or section 1316 of this title, whenever the owner or operator of any such source, after op-portunity for public hearing, can demonstrate to the satisfaction of the Administrator (or, if ap-propriate, the State) that any effluent limita-tion proposed for the control of the thermal component of any discharge from such source will require effluent limitations more stringent than necessary to assure the projection and propagation of a balanced, indigenous popu-lation of shellfish, fish, and wildlife in and on the body of water into which the discharge is to be made, the Administrator (or, if appropriate, the State) may impose an effluent limitation under such sections for such plant, with respect to the thermal component of such discharge (taking into account the interaction of such thermal component with other pollutants), that will assure the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife in and on that body of water.

(b) Cooling water intake structures

Any standard established pursuant to section 1311 of this title or section 1316 of this title and applicable to a point source shall require that the location, design, construction, and capacity of cooling water intake structures reflect the best technology available for minimizing ad-verse environmental impact.

(c) Period of protection from more stringent ef-fluent limitations following discharge point source modification commenced after Octo-ber 18, 1972

Notwithstanding any other provision of this chapter, any point source of a discharge having a thermal component, the modification of which point source is commenced after October 18, 1972, and which, as modified, meets effluent lim-itations established under section 1311 of this title or, if more stringent, effluent limitations established under section 1313 of this title and which effluent limitations will assure protection and propagation of a balanced, indigenous popu-lation of shellfish, fish, and wildlife in or on the water into which the discharge is made, shall not be subject to any more stringent effluent limitation with respect to the thermal compo-nent of its discharge during a ten year period be-ginning on the date of completion of such modi-fication or during the period of depreciation or amortization of such facility for the purpose of section 167 or 169 (or both) of title 26, whichever period ends first.

(June 30, 1948, ch. 758, title III, § 316, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 876; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)

AMENDMENTS

1986—Subsec. (c). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text.

§ 1327. Omitted

CODIFICATION

Section, act June 30, 1948, ch. 758, title III, § 317, as added Oct. 18, 1972, Pub. L. 92–500, § 2, 86 Stat. 877, au-thorized Administrator to investigate and study fea-sibility of alternate methods of financing cost of pre-venting, controlling, and abating pollution as directed by Water Quality Improvement Act of 1970 and to re-port to Congress, not later than two years after Oct. 18, 1972, the results of investigation and study accom-panied by recommendations for financing these pro-grams for fiscal years beginning after 1976.

§ 1328. Aquaculture

(a) Authority to permit discharge of specific pol-lutants

The Administrator is authorized, after public hearings, to permit the discharge of a specific pollutant or pollutants under controlled condi-tions associated with an approved aquaculture project under Federal or State supervision pur-suant to section 1342 of this title.

(b) Procedures and guidelines

The Administrator shall by regulation estab-lish any procedures and guidelines which the Administrator deems necessary to carry out this section. Such regulations shall require the ap-plication to such discharge of each criterion, factor, procedure, and requirement applicable to a permit issued under section 1342 of this title, as the Administrator determines necessary to carry out the objective of this chapter.

(c) State administration

Each State desiring to administer its own per-mit program within its jurisdiction for dis-


charge of a specific pollutant or pollutants under controlled conditions associated with an approved aquaculture project may do so if upon submission of such program the Administrator determines such program is adequate to carry out the objective of this chapter.

(June 30, 1948, ch. 758, title III, § 318, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 877; amended Pub. L. 95–217, § 63, Dec. 27, 1977, 91 Stat. 1599.)

AMENDMENTS

1977—Subsec. (a). Pub. L. 95–217 inserted ‘‘pursuant to section 1342 of this title’’ after ‘‘Federal or State super-vision’’.

Subsec. (b). Pub. L. 95–217 struck out ‘‘, not later than January 1, 1974,’’ after ‘‘The Administrator shall by regulation’’ in existing provisions and inserted pro-visions that the regulations require the application to the discharge of each criterion, factor, procedure, and requirement applicable to a permit issued under sec-tion 1342 of this title, as the Administrator determines necessary to carry out the objectives of this chapter.

Subsec. (c). Pub. L. 95–217 added subsec. (c).

§ 1329. Nonpoint source management programs

(a) State assessment reports

(1) Contents

The Governor of each State shall, after no-tice and opportunity for public comment, pre-pare and submit to the Administrator for ap-proval, a report which—

(A) identifies those navigable waters with-in the State which, without additional ac-tion to control nonpoint sources of pollu-tion, cannot reasonably be expected to at-tain or maintain applicable water quality standards or the goals and requirements of this chapter;

(B) identifies those categories and sub-categories of nonpoint sources or, where ap-propriate, particular nonpoint sources which add significant pollution to each portion of the navigable waters identified under sub-paragraph (A) in amounts which contribute to such portion not meeting such water quality standards or such goals and require-ments;

(C) describes the process, including inter-governmental coordination and public par-ticipation, for identifying best management practices and measures to control each cat-egory and subcategory of nonpoint sources and, where appropriate, particular nonpoint sources identified under subparagraph (B) and to reduce, to the maximum extent prac-ticable, the level of pollution resulting from such category, subcategory, or source; and

(D) identifies and describes State and local programs for controlling pollution added from nonpoint sources to, and improving the quality of, each such portion of the navi-gable waters, including but not limited to those programs which are receiving Federal assistance under subsections (h) and (i).

(2) Information used in preparation

In developing the report required by this section, the State (A) may rely upon informa-tion developed pursuant to sections 1288, 1313(e), 1314(f), 1315(b), and 1324 of this title,

and other information as appropriate, and (B) may utilize appropriate elements of the waste treatment management plans developed pursu-ant to sections 1288(b) and 1313 of this title, to the extent such elements are consistent with and fulfill the requirements of this section.

(b) State management programs

(1) In general

The Governor of each State, for that State or in combination with adjacent States, shall, after notice and opportunity for public com-ment, prepare and submit to the Adminis-trator for approval a management program which such State proposes to implement in the first four fiscal years beginning after the date of submission of such management pro-gram for controlling pollution added from nonpoint sources to the navigable waters with-in the State and improving the quality of such waters.

(2) Specific contents

Each management program proposed for im-plementation under this subsection shall in-clude each of the following:

(A) An identification of the best manage-ment practices and measures which will be undertaken to reduce pollutant loadings re-sulting from each category, subcategory, or particular nonpoint source designated under paragraph (1)(B), taking into account the impact of the practice on ground water qual-ity.

(B) An identification of programs (includ-ing, as appropriate, nonregulatory or regu-latory programs for enforcement, technical assistance, financial assistance, education, training, technology transfer, and dem-onstration projects) to achieve implementa-tion of the best management practices by the categories, subcategories, and particular nonpoint sources designated under subpara-graph (A).

(C) A schedule containing annual mile-stones for (i) utilization of the program im-plementation methods identified in subpara-graph (B), and (ii) implementation of the best management practices identified in sub-paragraph (A) by the categories, sub-categories, or particular nonpoint sources designated under paragraph (1)(B). Such schedule shall provide for utilization of the best management practices at the earliest practicable date.

(D) A certification of the attorney general of the State or States (or the chief attorney of any State water pollution control agency which has independent legal counsel) that the laws of the State or States, as the case may be, provide adequate authority to im-plement such management program or, if there is not such adequate authority, a list of such additional authorities as will be nec-essary to implement such management pro-gram. A schedule and commitment by the State or States to seek such additional au-thorities as expeditiously as practicable.

(E) Sources of Federal and other assist-ance and funding (other than assistance pro-vided under subsections (h) and (i)) which


will be available in each of such fiscal years for supporting implementation of such prac-tices and measures and the purposes for which such assistance will be used in each of such fiscal years.

(F) An identification of Federal financial assistance programs and Federal develop-ment projects for which the State will re-view individual assistance applications or development projects for their effect on water quality pursuant to the procedures set forth in Executive Order 12372 as in effect on September 17, 1983, to determine whether such assistance applications or development projects would be consistent with the pro-gram prepared under this subsection; for the purposes of this subparagraph, identification shall not be limited to the assistance pro-grams or development projects subject to Executive Order 12372 but may include any programs listed in the most recent Catalog of Federal Domestic Assistance which may have an effect on the purposes and objectives of the State’s nonpoint source pollution management program.

(3) Utilization of local and private experts

In developing and implementing a manage-ment program under this subsection, a State shall, to the maximum extent practicable, in-volve local public and private agencies and or-ganizations which have expertise in control of nonpoint sources of pollution.

(4) Development on watershed basis

A State shall, to the maximum extent prac-ticable, develop and implement a management program under this subsection on a watershed- by-watershed basis within such State.

(c) Administrative provisions

(1) Cooperation requirement

Any report required by subsection (a) and any management program and report required by subsection (b) shall be developed in co-operation with local, substate regional, and interstate entities which are actively planning for the implementation of nonpoint source pollution controls and have either been cer-tified by the Administrator in accordance with section 1288 of this title, have worked jointly with the State on water quality management planning under section 1285(j) of this title, or have been designated by the State legislative body or Governor as water quality manage-ment planning agencies for their geographic areas.

(2) Time period for submission of reports and management programs

Each report and management program shall be submitted to the Administrator during the 18-month period beginning on February 4, 1987.

(d) Approval or disapproval of reports and man-agement programs

(1) Deadline

Subject to paragraph (2), not later than 180 days after the date of submission to the Ad-ministrator of any report or management pro-gram under this section (other than sub-sections (h), (i), and (k)), the Administrator

shall either approve or disapprove such report or management program, as the case may be. The Administrator may approve a portion of a management program under this subsection. If the Administrator does not disapprove a re-port, management program, or portion of a management program in such 180-day period, such report, management program, or portion shall be deemed approved for purposes of this section.

(2) Procedure for disapproval

If, after notice and opportunity for public comment and consultation with appropriate Federal and State agencies and other inter-ested persons, the Administrator determines that—

(A) the proposed management program or any portion thereof does not meet the re-quirements of subsection (b)(2) of this sec-tion or is not likely to satisfy, in whole or in part, the goals and requirements of this chapter;

(B) adequate authority does not exist, or adequate resources are not available, to im-plement such program or portion;

(C) the schedule for implementing such program or portion is not sufficiently expe-ditious; or

(D) the practices and measures proposed in such program or portion are not adequate to reduce the level of pollution in navigable waters in the State resulting from nonpoint sources and to improve the quality of navi-gable waters in the State;

the Administrator shall within 6 months of the receipt of the proposed program notify the State of any revisions or modifications nec-essary to obtain approval. The State shall thereupon have an additional 3 months to sub-mit its revised management program and the Administrator shall approve or disapprove such revised program within three months of receipt.

(3) Failure of State to submit report

If a Governor of a State does not submit the report required by subsection (a) within the period specified by subsection (c)(2), the Ad-ministrator shall, within 30 months after Feb-ruary 4, 1987, prepare a report for such State which makes the identifications required by paragraphs (1)(A) and (1)(B) of subsection (a). Upon completion of the requirement of the preceding sentence and after notice and oppor-tunity for comment, the Administrator shall report to Congress on his actions pursuant to this section.

(e) Local management programs; technical as-sistance

If a State fails to submit a management pro-gram under subsection (b) or the Administrator does not approve such a management program, a local public agency or organization which has expertise in, and authority to, control water pol-lution resulting from nonpoint sources in any area of such State which the Administrator de-termines is of sufficient geographic size may, with approval of such State, request the Admin-istrator to provide, and the Administrator shall provide, technical assistance to such agency or


organization in developing for such area a man-agement program which is described in sub-section (b) and can be approved pursuant to sub-section (d). After development of such manage-ment program, such agency or organization shall submit such management program to the Administrator for approval. If the Adminis-trator approves such management program, such agency or organization shall be eligible to receive financial assistance under subsection (h) for implementation of such management pro-gram as if such agency or organization were a State for which a report submitted under sub-section (a) and a management program submit-ted under subsection (b) were approved under this section. Such financial assistance shall be subject to the same terms and conditions as as-sistance provided to a State under subsection (h).

(f) Technical assistance for States

Upon request of a State, the Administrator may provide technical assistance to such State in developing a management program approved under subsection (b) for those portions of the navigable waters requested by such State.

(g) Interstate management conference

(1) Convening of conference; notification; pur-pose

If any portion of the navigable waters in any State which is implementing a management program approved under this section is not meeting applicable water quality standards or the goals and requirements of this chapter as a result, in whole or in part, of pollution from nonpoint sources in another State, such State may petition the Administrator to convene, and the Administrator shall convene, a man-agement conference of all States which con-tribute significant pollution resulting from nonpoint sources to such portion. If, on the basis of information available, the Adminis-trator determines that a State is not meeting applicable water quality standards or the goals and requirements of this chapter as a re-sult, in whole or in part, of significant pollu-tion from nonpoint sources in another State, the Administrator shall notify such States. The Administrator may convene a manage-ment conference under this paragraph not later than 180 days after giving such notifica-tion, whether or not the State which is not meeting such standards requests such con-ference. The purpose of such conference shall be to develop an agreement among such States to reduce the level of pollution in such portion resulting from nonpoint sources and to im-prove the water quality of such portion. Noth-ing in such agreement shall supersede or abro-gate rights to quantities of water which have been established by interstate water com-pacts, Supreme Court decrees, or State water laws. This subsection shall not apply to any pollution which is subject to the Colorado River Basin Salinity Control Act [43 U.S.C. 1571 et seq.]. The requirement that the Admin-istrator convene a management conference shall not be subject to the provisions of sec-tion 1365 of this title.

(2) State management program requirement

To the extent that the States reach agree-ment through such conference, the manage-ment programs of the States which are parties to such agreements and which contribute sig-nificant pollution to the navigable waters or portions thereof not meeting applicable water quality standards or goals and requirements of this chapter will be revised to reflect such agreement. Such management programs shall be consistent with Federal and State law.

(h) Grant program

(1) Grants for implementation of management programs

Upon application of a State for which a re-port submitted under subsection (a) and a management program submitted under sub-section (b) is approved under this section, the Administrator shall make grants, subject to such terms and conditions as the Adminis-trator considers appropriate, under this sub-section to such State for the purpose of assist-ing the State in implementing such manage-ment program. Funds reserved pursuant to section 1285(j)(5) of this title may be used to develop and implement such management pro-gram.

(2) Applications

An application for a grant under this sub-section in any fiscal year shall be in such form and shall contain such other information as the Administrator may require, including an identification and description of the best man-agement practices and measures which the State proposes to assist, encourage, or require in such year with the Federal assistance to be provided under the grant.

(3) Federal share

The Federal share of the cost of each man-agement program implemented with Federal assistance under this subsection in any fiscal year shall not exceed 60 percent of the cost in-curred by the State in implementing such management program and shall be made on condition that the non-Federal share is pro-vided from non-Federal sources.

(4) Limitation on grant amounts

Notwithstanding any other provision of this subsection, not more than 15 percent of the amount appropriated to carry out this sub-section may be used to make grants to any one State, including any grants to any local public agency or organization with authority to control pollution from nonpoint sources in any area of such State.

(5) Priority for effective mechanisms

For each fiscal year beginning after Septem-ber 30, 1987, the Administrator may give prior-ity in making grants under this subsection, and shall give consideration in determining the Federal share of any such grant, to States which have implemented or are proposing to implement management programs which will—

(A) control particularly difficult or serious nonpoint source pollution problems, includ-ing, but not limited to, problems resulting from mining activities;


(B) implement innovative methods or prac-tices for controlling nonpoint sources of pol-lution, including regulatory programs where the Administrator deems appropriate;

(C) control interstate nonpoint source pol-lution problems; or

(D) carry out ground water quality protec-tion activities which the Administrator de-termines are part of a comprehensive nonpoint source pollution control program, including research, planning, ground water assessments, demonstration programs, en-forcement, technical assistance, education, and training to protect ground water quality from nonpoint sources of pollution.

(6) Availability for obligation

The funds granted to each State pursuant to this subsection in a fiscal year shall remain available for obligation by such State for the fiscal year for which appropriated. The amount of any such funds not obligated by the end of such fiscal year shall be available to the Administrator for granting to other States under this subsection in the next fiscal year.

(7) Limitation on use of funds

States may use funds from grants made pur-suant to this section for financial assistance to persons only to the extent that such assist-ance is related to the costs of demonstration projects.

(8) Satisfactory progress

No grant may be made under this subsection in any fiscal year to a State which in the pre-ceding fiscal year received a grant under this subsection unless the Administrator deter-mines that such State made satisfactory progress in such preceding fiscal year in meet-ing the schedule specified by such State under subsection (b)(2).

(9) Maintenance of effort

No grant may be made to a State under this subsection in any fiscal year unless such State enters into such agreements with the Adminis-trator as the Administrator may require to en-sure that such State will maintain its aggre-gate expenditures from all other sources for programs for controlling pollution added to the navigable waters in such State from nonpoint sources and improving the quality of such waters at or above the average level of such expenditures in its two fiscal years pre-ceding February 4, 1987.

(10) Request for information

The Administrator may request such infor-mation, data, and reports as he considers nec-essary to make the determination of continu-ing eligibility for grants under this section.

(11) Reporting and other requirements

Each State shall report to the Administrator on an annual basis concerning (A) its progress in meeting the schedule of milestones submit-ted pursuant to subsection (b)(2)(C) of this sec-tion, and (B) to the extent that appropriate in-formation is available, reductions in nonpoint source pollutant loading and improvements in water quality for those navigable waters or watersheds within the State which were iden-

tified pursuant to subsection (a)(1)(A) of this section resulting from implementation of the management program.

(12) Limitation on administrative costs

For purposes of this subsection, administra-tive costs in the form of salaries, overhead, or indirect costs for services provided and charged against activities and programs car-ried out with a grant under this subsection shall not exceed in any fiscal year 10 percent of the amount of the grant in such year, ex-cept that costs of implementing enforcement and regulatory activities, education, training, technical assistance, demonstration projects, and technology transfer programs shall not be subject to this limitation.

(i) Grants for protecting groundwater quality

(1) Eligible applicants and activities

Upon application of a State for which a re-port submitted under subsection (a) and a plan submitted under subsection (b) is approved under this section, the Administrator shall make grants under this subsection to such State for the purpose of assisting such State in carrying out groundwater quality protec-tion activities which the Administrator deter-mines will advance the State toward imple-mentation of a comprehensive nonpoint source pollution control program. Such activities shall include, but not be limited to, research, planning, groundwater assessments, dem-onstration programs, enforcement, technical assistance, education and training to protect the quality of groundwater and to prevent con-tamination of groundwater from nonpoint sources of pollution.

(2) Applications

An application for a grant under this sub-section shall be in such form and shall contain such information as the Administrator may require.

(3) Federal share; maximum amount

The Federal share of the cost of assisting a State in carrying out groundwater protection activities in any fiscal year under this sub-section shall be 50 percent of the costs in-curred by the State in carrying out such ac-tivities, except that the maximum amount of Federal assistance which any State may re-ceive under this subsection in any fiscal year shall not exceed $150,000.

(4) Report

The Administrator shall include in each re-port transmitted under subsection (m) a re-port on the activities and programs imple-mented under this subsection during the pre-ceding fiscal year.


There is authorized to be appropriated to carry out subsections (h) and (i) not to exceed $70,000,000 for fiscal year 1988, $100,000,000 per fis-cal year for each of fiscal years 1989 and 1990, and $130,000,000 for fiscal year 1991; except that for each of such fiscal years not to exceed $7,500,000 may be made available to carry out subsection (i). Sums appropriated pursuant to this subsection shall remain available until ex-pended.


(k) Consistency of other programs and projects with management programs

The Administrator shall transmit to the Office of Management and Budget and the appropriate Federal departments and agencies a list of those assistance programs and development projects identified by each State under subsection (b)(2)(F) for which individual assistance applica-tions and projects will be reviewed pursuant to the procedures set forth in Executive Order 12372 as in effect on September 17, 1983. Beginning not later than sixty days after receiving notification by the Administrator, each Federal department and agency shall modify existing regulations to allow States to review individual development projects and assistance applications under the identified Federal assistance programs and shall accommodate, according to the requirements and definitions of Executive Order 12372, as in ef-fect on September 17, 1983, the concerns of the State regarding the consistency of such applica-tions or projects with the State nonpoint source pollution management program.

(l) Collection of information

The Administrator shall collect and make available, through publications and other appro-priate means, information pertaining to man-agement practices and implementation meth-ods, including, but not limited to, (1) informa-tion concerning the costs and relative effi-ciencies of best management practices for reduc-ing nonpoint source pollution; and (2) available data concerning the relationship between water quality and implementation of various manage-ment practices to control nonpoint sources of pollution.

(m) Reports of Administrator

(1) Annual reports

Not later than January 1, 1988, and each Jan-uary 1 thereafter, the Administrator shall transmit to the Committee on Public Works and Transportation of the House of Represent-atives and the Committee on Environment and Public Works of the Senate, a report for the preceding fiscal year on the activities and pro-grams implemented under this section and the progress made in reducing pollution in the navigable waters resulting from nonpoint sources and improving the quality of such wa-ters.

(2) Final report

Not later than January 1, 1990, the Adminis-trator shall transmit to Congress a final re-port on the activities carried out under this section. Such report, at a minimum, shall—

(A) describe the management programs being implemented by the States by types and amount of affected navigable waters, categories and subcategories of nonpoint sources, and types of best management prac-tices being implemented;

(B) describe the experiences of the States in adhering to schedules and implementing best management practices;

(C) describe the amount and purpose of grants awarded pursuant to subsections (h) and (i) of this section;

(D) identify, to the extent that informa-tion is available, the progress made in reduc-

ing pollutant loads and improving water quality in the navigable waters;

(E) indicate what further actions need to be taken to attain and maintain in those navigable waters (i) applicable water quality standards, and (ii) the goals and require-ments of this chapter;

(F) include recommendations of the Ad-ministrator concerning future programs (in-cluding enforcement programs) for control-ling pollution from nonpoint sources; and

(G) identify the activities and programs of departments, agencies, and instrumental-ities of the United States which are incon-sistent with the management programs sub-mitted by the States and recommend modi-fications so that such activities and pro-grams are consistent with and assist the States in implementation of such manage-ment programs.

(n) Set aside for administrative personnel

Not less than 5 percent of the funds appro-priated pursuant to subsection (j) for any fiscal year shall be available to the Administrator to maintain personnel levels at the Environmental Protection Agency at levels which are adequate to carry out this section in such year.

(June 30, 1948, ch. 758, title III, § 319, as added Pub. L. 100–4, title III, § 316(a), Feb. 4, 1987, 101 Stat. 52; amended Pub. L. 105–362, title V, § 501(c), Nov. 10, 1998, 112 Stat. 3283; Pub. L. 107–303, title III, § 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)

REFERENCES IN TEXT

Executive Order 12372, referred to in subsecs. (b)(2)(F) and (k), is Ex. Ord. No. 12372, July 14, 1982, 47 F.R. 30959, as amended, which is set out under section 6506 of Title 31, Money and Finance.

The Colorado River Basin Salinity Control Act, re-ferred to in subsec. (g)(1), is Pub. L. 93–320, June 24, 1974, 88 Stat. 266, as amended, which is classified prin-cipally to chapter 32A (§ 1571 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1571 of Title 43 and Tables.

AMENDMENTS

2002—Subsecs. (i)(4), (m), (n). Pub. L. 107–303 repealed Pub. L. 105–362, § 501(c). See 1998 Amendment note below.

1998—Subsec. (i)(4). Pub. L. 105–362, § 501(c)(1), which directed the striking out of heading and text of par. (4), was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below.

Subsecs. (m), (n). Pub. L. 105–362, § 501(c)(2), (3), which directed the redesignation of subsec. (n) as (m) and striking out of heading and text of former subsec. (m), was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below.

CHANGE OF NAME



Amendment by Pub. L. 107–303 effective Nov. 10, 1998, and Federal Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and administered on and after Nov. 27,


2002, as if amendments made by section 501(a)–(d) of 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 of this title.

§ 1330. National estuary program

(a) Management conference

(1) Nomination of estuaries

The Governor of any State may nominate to the Administrator an estuary lying in whole or in part within the State as an estuary of national significance and request a manage-ment conference to develop a comprehensive management plan for the estuary. The nomi-nation shall document the need for the con-ference, the likelihood of success, and infor-mation relating to the factors in paragraph (2).

(2) Convening of conference

(A) In general

In any case where the Administrator de-termines, on his own initiative or upon nom-ination of a State under paragraph (1), that the attainment or maintenance of that water quality in an estuary which assures protection of public water supplies and the protection and propagation of a balanced, in-digenous population of shellfish, fish, and wildlife, and allows recreational activities, in and on the water, requires the control of point and nonpoint sources of pollution to supplement existing controls of pollution in more than one State, the Administrator shall select such estuary and convene a man-agement conference.

(B) Priority consideration

The Administrator shall give priority con-sideration under this section to Long Island Sound, New York and Connecticut; Narra-gansett Bay, Rhode Island; Buzzards Bay, Massachusetts; Massachusetts Bay, Massa-chusetts (including Cape Cod Bay and Bos-ton Harbor); Puget Sound, Washington; New York-New Jersey Harbor, New York and New Jersey; Delaware Bay, Delaware and New Jersey; Delaware Inland Bays, Delaware; Al-bemarle Sound, North Carolina; Sarasota Bay, Florida; San Francisco Bay, California; Santa Monica Bay, California; Galveston Bay, Texas; Barataria-Terrebonne Bay estu-ary complex, Louisiana; Indian River La-goon, Florida; Lake Pontchartrain Basin, Louisiana and Mississippi; and Peconic Bay, New York.

(3) Boundary dispute exception

In any case in which a boundary between two States passes through an estuary and such boundary is disputed and is the subject of an action in any court, the Administrator shall not convene a management conference with respect to such estuary before a final adjudica-tion has been made of such dispute.

(b) Purposes of conference

The purposes of any management conference convened with respect to an estuary under this subsection shall be to—

(1) assess trends in water quality, natural re-sources, and uses of the estuary;

(2) collect, characterize, and assess data on toxics, nutrients, and natural resources within the estuarine zone to identify the causes of en-vironmental problems;

(3) develop the relationship between the in-place loads and point and nonpoint loadings of pollutants to the estuarine zone and the po-tential uses of the zone, water quality, and natural resources;

(4) develop a comprehensive conservation and management plan that recommends prior-ity corrective actions and compliance sched-ules addressing point and nonpoint sources of pollution to restore and maintain the chemi-cal, physical, and biological integrity of the estuary, including restoration and mainte-nance of water quality, a balanced indigenous population of shellfish, fish and wildlife, and recreational activities in the estuary, and as-sure that the designated uses of the estuary are protected;

(5) develop plans for the coordinated imple-mentation of the plan by the States as well as Federal and local agencies participating in the conference;

(6) monitor the effectiveness of actions taken pursuant to the plan; and

(7) review all Federal financial assistance programs and Federal development projects in accordance with the requirements of Execu-tive Order 12372, as in effect on September 17, 1983, to determine whether such assistance program or project would be consistent with and further the purposes and objectives of the plan prepared under this section.

For purposes of paragraph (7), such programs and projects shall not be limited to the assist-ance programs and development projects subject to Executive Order 12372, but may include any programs listed in the most recent Catalog of Federal Domestic Assistance which may have an effect on the purposes and objectives of the plan developed under this section.

(c) Members of conference

The members of a management conference convened under this section shall include, at a minimum, the Administrator and representa-tives of—

(1) each State and foreign nation located in whole or in part in the estuarine zone of the estuary for which the conference is convened;

(2) international, interstate, or regional agencies or entities having jurisdiction over all or a significant part of the estuary;

(3) each interested Federal agency, as deter-mined appropriate by the Administrator;

(4) local governments having jurisdiction over any land or water within the estuarine zone, as determined appropriate by the Admin-istrator; and

(5) affected industries, public and private educational institutions, and the general pub-lic, as determined appropriate by the Adminis-trator.

(d) Utilization of existing data

In developing a conservation and management plan under this section, the management con-ference shall survey and utilize existing reports, data, and studies relating to the estuary that


have been developed by or made available to Federal, interstate, State, and local agencies.

(e) Period of conference

A management conference convened under this section shall be convened for a period not to exceed 5 years. Such conference may be ex-tended by the Administrator, and if terminated after the initial period, may be reconvened by the Administrator at any time thereafter, as may be necessary to meet the requirements of this section.

(f) Approval and implementation of plans

(1) Approval

Not later than 120 days after the completion of a conservation and management plan and after providing for public review and com-ment, the Administrator shall approve such plan if the plan meets the requirements of this section and the affected Governor or Gov-ernors concur.

(2) Implementation

Upon approval of a conservation and man-agement plan under this section, such plan shall be implemented. Funds authorized to be appropriated under subchapters II and VI of this chapter and section 1329 of this title may be used in accordance with the applicable re-quirements of this chapter to assist States with the implementation of such plan.

(g) Grants

(1) Recipients

The Administrator is authorized to make grants to State, interstate, and regional water pollution control agencies and entities, State coastal zone management agencies, interstate agencies, other public or nonprofit private agencies, institutions, organizations, and indi-viduals.

(2) Purposes

Grants under this subsection shall be made to pay for activities necessary for the develop-ment and implementation of a comprehensive conservation and management plan under this section.

(3) Federal share

The Federal share of a grant to any person (including a State, interstate, or regional agency or entity) under this subsection for a fiscal year—

(A) shall not exceed— (i) 75 percent of the annual aggregate

costs of the development of a comprehen-sive conservation and management plan; and

(ii) 50 percent of the annual aggregate costs of the implementation of the plan; and

(B) shall be made on condition that the non-Federal share of the costs are provided from non-Federal sources.

(4) Competitive awards

(A) In general

Using the amounts made available under subsection (i)(2)(B), the Administrator shall make competitive awards under this para-graph.

(B) Application for awards

The Administrator shall solicit applica-tions for awards under this paragraph from State, interstate, and regional water pollu-tion control agencies and entities, State coastal zone management agencies, inter-state agencies, other public or nonprofit pri-vate agencies, institutions, organizations, and individuals.

(C) Selection of recipients

In selecting award recipients under this paragraph, the Administrator shall select re-cipients that are best able to address urgent and challenging issues that threaten the ecological and economic well-being of coast-al areas. Such issues shall include—

(i) extensive seagrass habitat losses re-sulting in significant impacts on fisheries and water quality;

(ii) recurring harmful algae blooms; (iii) unusual marine mammal mortali-

ties; (iv) invasive exotic species that may

threaten wastewater systems and cause other damage;

(v) jellyfish proliferation limiting com-munity access to water during peak tour-ism seasons;

(vi) flooding that may be related to sea level rise or wetland degradation or loss; and

(vii) low dissolved oxygen conditions in estuarine waters and related nutrient management.

(h) Grant reporting

Any person (including a State, interstate, or regional agency or entity) that receives a grant under subsection (g) shall report to the Adminis-trator not later than 18 months after receipt of such grant and biennially thereafter on the progress being made under this section.

(i) Authorization of appropriations

(1) In general

There is authorized to be appropriated to the Administrator $26,500,000 for each of fiscal years 2017 through 2021 for—

(A) expenses relating to the administra-tion of grants or awards by the Adminis-trator under this section, including the award and oversight of grants and awards, except that such expenses may not exceed 5 percent of the amount appropriated under this subsection for a fiscal year; and

(B) making grants and awards under sub-section (g).

(2) Allocations

(A) Conservation and management plans

Not less than 80 percent of the amount made available under this subsection for a fiscal year shall be used by the Adminis-trator to provide grant assistance for the de-velopment, implementation, and monitoring of each of the conservation and management plans eligible for grant assistance under sub-section (g)(2).

(B) Competitive awards

Not less than 15 percent of the amount made available under this subsection for a


fiscal year shall be used by the Adminis-trator for making competitive awards de-scribed in subsection (g)(4).

(j) Research

(1) Programs

In order to determine the need to convene a management conference under this section or at the request of such a management con-ference, the Administrator shall coordinate and implement, through the National Marine Pollution Program Office and the National Marine Fisheries Service of the National Oce-anic and Atmospheric Administration, as ap-propriate, for one or more estuarine zones—

(A) a long-term program of trend assess-ment monitoring measuring variations in pollutant concentrations, marine ecology, and other physical or biological environ-mental parameters which may affect estua-rine zones, to provide the Administrator the capacity to determine the potential and ac-tual effects of alternative management strategies and measures;

(B) a program of ecosystem assessment as-sisting in the development of (i) baseline studies which determine the state of estua-rine zones and the effects of natural and an-thropogenic changes, and (ii) predictive models capable of translating information on specific discharges or general pollutant loadings within estuarine zones into a set of probable effects on such zones;

(C) a comprehensive water quality sam-pling program for the continuous monitor-ing of nutrients, chlorine, acid precipitation dissolved oxygen, and potentially toxic pol-lutants (including organic chemicals and metals) in estuarine zones, after consulta-tion with interested State, local, interstate, or international agencies and review and analysis of all environmental sampling data presently collected from estuarine zones; and

(D) a program of research to identify the movements of nutrients, sediments and pol-lutants through estuarine zones and the im-pact of nutrients, sediments, and pollutants on water quality, the ecosystem, and des-ignated or potential uses of the estuarine zones.

(2) Reports

The Administrator, in cooperation with the Administrator of the National Oceanic and At-mospheric Administration, shall submit to the Congress no less often than biennially a com-prehensive report on the activities authorized under this subsection including—

(A) a listing of priority monitoring and re-search needs;

(B) an assessment of the state and health of the Nation’s estuarine zones, to the ex-tent evaluated under this subsection;

(C) a discussion of pollution problems and trends in pollutant concentrations with a di-rect or indirect effect on water quality, the ecosystem, and designated or potential uses of each estuarine zone, to the extent evalu-ated under this subsection; and

(D) an evaluation of pollution abatement activities and management measures so far

implemented to determine the degree of im-provement toward the objectives expressed in subsection (b)(4) of this section.

(k) Definitions

For purposes of this section, the terms ‘‘estu-ary’’ and ‘‘estuarine zone’’ have the meanings such terms have in section 1254(n)(4) of this title, except that the term ‘‘estuarine zone’’ shall also include associated aquatic ecosystems and those portions of tributaries draining into the estuary up to the historic height of migra-tion of anadromous fish or the historic head of tidal influence, whichever is higher.

(June 30, 1948, ch. 758, title III, § 320, as added Pub. L. 100–4, title III, § 317(b), Feb. 4, 1987, 101 Stat. 61; amended Pub. L. 100–202, § 101(f) [title II, 201], Dec. 22, 1987, 101 Stat. 1329–187, 1329–197; Pub. L. 100–653, title X, § 1004, Nov. 14, 1988, 102 Stat. 3836; Pub. L. 100–688, title II, § 2001, Nov. 18, 1988, 102 Stat. 4151; Pub. L. 105–362, title V, § 501(a)(2), Nov. 10, 1998, 112 Stat. 3283; Pub. L. 106–457, title III, §§ 301—303, Nov. 7, 2000, 114 Stat. 1972; Pub. L. 107–303, title III, § 302(b)(1), Nov. 27, 2002, 116 Stat. 2361; Pub. L. 108–399, § 1, Oct. 30, 2004, 118 Stat. 2253; Pub. L. 114–162, §§ 1, 2, May 20, 2016, 130 Stat. 409.)

REFERENCES IN TEXT

Executive Order 12372, referred to in subsec. (b), is Ex. Ord. No. 12372, July 14, 1982, 47 F.R. 30959, as amended, which is set out under section 6506 of Title 31, Money and Finance.

AMENDMENTS

2016—Subsec. (g)(4). Pub. L. 114–162, § 1, added par. (4). Subsec. (i). Pub. L. 114–162, § 2, added subsec. (i) and

struck out former subsec. (i) which related to author-ization of appropriations for fiscal years 2001 through 2010.

2004—Subsec. (i). Pub. L. 108–399 substituted ‘‘2010’’ for ‘‘2005’’ in introductory provisions.

2002—Subsec. (k). Pub. L. 107–303 repealed Pub. L. 105–362, § 501(a)(2). See 1998 Amendment note below.

2000—Subsec. (a)(2)(B). Pub. L. 106–457, § 301, inserted ‘‘Lake Pontchartrain Basin, Louisiana and Mis-sissippi;’’ before ‘‘and Peconic Bay, New York.’’

Subsec. (g)(2), (3). Pub. L. 106–457, § 302, added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows:

‘‘(2) PURPOSES.—Grants under this subsection shall be made to pay for assisting research, surveys, studies, and modeling and other technical work necessary for the development of a conservation and management plan under this section.

‘‘(3) FEDERAL SHARE.—The amount of grants to any person (including a State, interstate, or regional agen-cy or entity) under this subsection for a fiscal year shall not exceed 75 percent of the costs of such re-search, survey, studies, and work and shall be made on condition that the non-Federal share of such costs are provided from non-Federal sources.’’

Subsec. (i). Pub. L. 106–457, § 303, substituted ‘‘$35,000,000 for each of fiscal years 2001 through 2005’’ for ‘‘$12,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991’’.

1998—Subsec. (k). Pub. L. 105–362, § 501(a)(2), which di-rected the substitution of ‘‘section 1254(n)(3)’’ for ‘‘sec-tion 1254(n)(4)’’, was repealed by Pub. L. 107–303. See Ef-fective Date of 2002 Amendment note below.

1988—Subsec. (a)(2)(B). Pub. L. 100–653, § 1004, and Pub. L. 100–688, § 2001(1), made identical amendments, insert-ing ‘‘Massachusetts Bay, Massachusetts (including Cape Cod Bay and Boston Harbor);’’ after ‘‘Buzzards Bay, Massachusetts;’’.

Pub. L. 100–688, § 2001(2), substituted ‘‘California; Gal-veston’’ for ‘‘California; and Galveston’’.


Pub. L. 100–688, § 2001(3), which directed insertion of ‘‘; Barataria-Terrebonne Bay estuary complex, Louisi-ana; Indian River Lagoon, Florida; and Peconic Bay, New York’’ after ‘‘Galveston Bay, Texas;’’ was executed by making insertion after ‘‘Galveston Bay, Texas’’ as probable intent of Congress.

1987—Subsec. (a)(2)(B). Pub. L. 100–202 inserted ‘‘Santa Monica Bay, California;’’.



MASSACHUSETTS BAY PROTECTION; DEFINITION; FINDINGS AND PURPOSE; FUNDING SOURCES

Pub. L. 100–653, title X, §§ 1002, 1003, 1005, Nov. 14, 1988, 102 Stat. 3835, 3836, provided that:

‘‘SEC. 1002. DEFINITION.

‘‘For purposes of this title [amending section 1330 of this title and enacting provisions set out as notes under sections 1251 and 1330 of this title], the term ‘Massachusetts Bay’ includes Massachusetts Bay, Cape Cod Bay, and Boston Harbor, consisting of an area ex-tending from Cape Ann, Massachusetts south to the northern reach of Cape Cod, Massachusetts.

‘‘SEC. 1003. FINDINGS AND PURPOSE.

‘‘(a) FINDINGS.—The Congress finds and declares that—

‘‘(1) Massachusetts Bay comprises a single major estuarine and oceanographic system extending from Cape Ann, Massachusetts south to the northern reaches of Cape Cod, encompassing Boston Harbor, Massachusetts Bay, and Cape Cod Bay;

‘‘(2) several major riverine systems, including the Charles, Neponset, and Mystic Rivers, drain the wa-tersheds of eastern Massachusetts into the Bay;

‘‘(3) the shorelines of Massachusetts Bay, first occu-pied in the middle 1600’s, are home to over 4 million people and support a thriving industrial and rec-reational economy;

‘‘(4) Massachusetts Bay supports important com-mercial fisheries, including lobsters, finfish, and shellfisheries, and is home to or frequented by several endangered species and marine mammals;

‘‘(5) Massachusetts Bay also constitutes an impor-tant recreational resource, providing fishing, swim-ming, and boating opportunities to the region;

‘‘(6) rapidly expanding coastal populations and pol-lution pose increasing threats to the long-term health and integrity of Massachusetts Bay;

‘‘(7) while the cleanup of Boston Harbor will con-tribute significantly to improving the overall envi-ronmental quality of Massachusetts Bay, expanded efforts encompassing the entire ecosystem will be necessary to ensure its long-term health;

‘‘(8) the concerted efforts of all levels of Govern-ment, the private sector, and the public at large will be necessary to protect and enhance the environ-mental integrity of Massachusetts Bay; and

‘‘(9) the designation of Massachusetts Bay as an Es-tuary of National Significance and the development of a comprehensive plan for protecting and restoring the Bay may contribute significantly to its long-term health and environmental integrity. ‘‘(b) PURPOSE.—The purpose of this title is to protect

and enhance the environmental quality of Massachu-setts Bay by providing for its designation as an Estuary of National Significance and by providing for the prep-aration of a comprehensive restoration plan for the Bay.

‘‘SEC. 1005. FUNDING SOURCES.

‘‘Within one year of enactment [Nov. 14, 1988], the Ad-ministrator of the United States Environmental Pro-

tection Agency and the Governor of Massachusetts shall undertake to identify and make available sources of funding to support activities pertaining to Massa-chusetts Bay undertaken pursuant to or authorized by section 320 of the Clean Water Act [33 U.S.C. 1330], and shall make every effort to coordinate existing research, monitoring or control efforts with such activities.’’

PURPOSES AND POLICIES OF NATIONAL ESTUARY PROGRAM

Pub. L. 100–4, title III, § 317(a), Feb. 4, 1987, 101 Stat. 61, provided that:

‘‘(1) FINDINGS.—Congress finds and declares that— ‘‘(A) the Nation’s estuaries are of great importance

for fish and wildlife resources and recreation and eco-nomic opportunity;

‘‘(B) maintaining the health and ecological integ-rity of these estuaries is in the national interest;

‘‘(C) increasing coastal population, development, and other direct and indirect uses of these estuaries threaten their health and ecological integrity;

‘‘(D) long-term planning and management will con-tribute to the continued productivity of these areas, and will maximize their utility to the Nation; and

‘‘(E) better coordination among Federal and State programs affecting estuaries will increase the effec-tiveness and efficiency of the national effort to pro-tect, preserve, and restore these areas. ‘‘(2) PURPOSES.—The purposes of this section [enact-

ing this section] are to— ‘‘(A) identify nationally significant estuaries that

are threatened by pollution, development, or overuse; ‘‘(B) promote comprehensive planning for, and con-

servation and management of, nationally significant estuaries;

‘‘(C) encourage the preparation of management plans for estuaries of national significance; and

‘‘(D) enhance the coordination of estuarine re-search.’’

SUBCHAPTER IV—PERMITS AND LICENSES

§ 1341. Certification

(a) Compliance with applicable requirements; application; procedures; license suspension

(1) Any applicant for a Federal license or per-mit to conduct any activity including, but not limited to, the construction or operation of fa-cilities, which may result in any discharge into the navigable waters, shall provide the licensing or permitting agency a certification from the State in which the discharge originates or will originate, or, if appropriate, from the interstate water pollution control agency having jurisdic-tion over the navigable waters at the point where the discharge originates or will originate, that any such discharge will comply with the applicable provisions of sections 1311, 1312, 1313, 1316, and 1317 of this title. In the case of any such activity for which there is not an applica-ble effluent limitation or other limitation under sections 1311(b) and 1312 of this title, and there is not an applicable standard under sections 1316 and 1317 of this title, the State shall so certify, except that any such certification shall not be deemed to satisfy section 1371(c) of this title. Such State or interstate agency shall establish procedures for public notice in the case of all ap-plications for certification by it and, to the ex-tent it deems appropriate, procedures for public hearings in connection with specific applica-tions. In any case where a State or interstate agency has no authority to give such a certifi-cation, such certification shall be from the Ad-ministrator. If the State, interstate agency, or


Administrator, as the case may be, fails or re-fuses to act on a request for certification, within a reasonable period of time (which shall not ex-ceed one year) after receipt of such request, the certification requirements of this subsection shall be waived with respect to such Federal ap-plication. No license or permit shall be granted until the certification required by this section has been obtained or has been waived as pro-vided in the preceding sentence. No license or permit shall be granted if certification has been denied by the State, interstate agency, or the Administrator, as the case may be.

(2) Upon receipt of such application and cer-tification the licensing or permitting agency shall immediately notify the Administrator of such application and certification. Whenever such a discharge may affect, as determined by the Administrator, the quality of the waters of any other State, the Administrator within thir-ty days of the date of notice of application for such Federal license or permit shall so notify such other State, the licensing or permitting agency, and the applicant. If, within sixty days after receipt of such notification, such other State determines that such discharge will affect the quality of its waters so as to violate any water quality requirements in such State, and within such sixty-day period notifies the Admin-istrator and the licensing or permitting agency in writing of its objection to the issuance of such license or permit and requests a public hearing on such objection, the licensing or per-mitting agency shall hold such a hearing. The Administrator shall at such hearing submit his evaluation and recommendations with respect to any such objection to the licensing or permit-ting agency. Such agency, based upon the rec-ommendations of such State, the Administrator, and upon any additional evidence, if any, pre-sented to the agency at the hearing, shall condi-tion such license or permit in such manner as may be necessary to insure compliance with ap-plicable water quality requirements. If the im-position of conditions cannot insure such com-pliance such agency shall not issue such license or permit.

(3) The certification obtained pursuant to paragraph (1) of this subsection with respect to the construction of any facility shall fulfill the requirements of this subsection with respect to certification in connection with any other Fed-eral license or permit required for the operation of such facility unless, after notice to the cer-tifying State, agency, or Administrator, as the case may be, which shall be given by the Federal agency to whom application is made for such op-erating license or permit, the State, or if appro-priate, the interstate agency or the Adminis-trator, notifies such agency within sixty days after receipt of such notice that there is no longer reasonable assurance that there will be compliance with the applicable provisions of sections 1311, 1312, 1313, 1316, and 1317 of this title because of changes since the construction license or permit certification was issued in (A) the construction or operation of the facility, (B) the characteristics of the waters into which such discharge is made, (C) the water quality criteria applicable to such waters or (D) applica-ble effluent limitations or other requirements.

This paragraph shall be inapplicable in any case where the applicant for such operating license or permit has failed to provide the certifying State, or, if appropriate, the interstate agency or the Administrator, with notice of any pro-posed changes in the construction or operation of the facility with respect to which a construc-tion license or permit has been granted, which changes may result in violation of section 1311, 1312, 1313, 1316, or 1317 of this title.

(4) Prior to the initial operation of any feder-ally licensed or permitted facility or activity which may result in any discharge into the navi-gable waters and with respect to which a certifi-cation has been obtained pursuant to paragraph (1) of this subsection, which facility or activity is not subject to a Federal operating license or permit, the licensee or permittee shall provide an opportunity for such certifying State, or, if appropriate, the interstate agency or the Ad-ministrator to review the manner in which the facility or activity shall be operated or con-ducted for the purposes of assuring that applica-ble effluent limitations or other limitations or other applicable water quality requirements will not be violated. Upon notification by the cer-tifying State, or if appropriate, the interstate agency or the Administrator that the operation of any such federally licensed or permitted facil-ity or activity will violate applicable effluent limitations or other limitations or other water quality requirements such Federal agency may, after public hearing, suspend such license or per-mit. If such license or permit is suspended, it shall remain suspended until notification is re-ceived from the certifying State, agency, or Ad-ministrator, as the case may be, that there is reasonable assurance that such facility or activ-ity will not violate the applicable provisions of section 1311, 1312, 1313, 1316, or 1317 of this title.

(5) Any Federal license or permit with respect to which a certification has been obtained under paragraph (1) of this subsection may be sus-pended or revoked by the Federal agency issuing such license or permit upon the entering of a judgment under this chapter that such facility or activity has been operated in violation of the applicable provisions of section 1311, 1312, 1313, 1316, or 1317 of this title.

(6) Except with respect to a permit issued under section 1342 of this title, in any case where actual construction of a facility has been lawfully commenced prior to April 3, 1970, no certification shall be required under this sub-section for a license or permit issued after April 3, 1970, to operate such facility, except that any such license or permit issued without certifi-cation shall terminate April 3, 1973, unless prior to such termination date the person having such license or permit submits to the Federal agency which issued such license or permit a certifi-cation and otherwise meets the requirements of this section.

(b) Compliance with other provisions of law set-ting applicable water quality requirements

Nothing in this section shall be construed to limit the authority of any department or agency pursuant to any other provision of law to re-quire compliance with any applicable water quality requirements. The Administrator shall,


upon the request of any Federal department or agency, or State or interstate agency, or appli-cant, provide, for the purpose of this section, any relevant information on applicable effluent limitations, or other limitations, standards, reg-ulations, or requirements, or water quality cri-teria, and shall, when requested by any such de-partment or agency or State or interstate agen-cy, or applicant, comment on any methods to comply with such limitations, standards, regula-tions, requirements, or criteria.

(c) Authority of Secretary of the Army to permit use of spoil disposal areas by Federal li-censees or permittees

In order to implement the provisions of this section, the Secretary of the Army, acting through the Chief of Engineers, is authorized, if he deems it to be in the public interest, to per-mit the use of spoil disposal areas under his ju-risdiction by Federal licensees or permittees, and to make an appropriate charge for such use. Moneys received from such licensees or permit-tees shall be deposited in the Treasury as mis-cellaneous receipts.

(d) Limitations and monitoring requirements of certification

Any certification provided under this section shall set forth any effluent limitations and other limitations, and monitoring requirements necessary to assure that any applicant for a Federal license or permit will comply with any applicable effluent limitations and other limita-tions, under section 1311 or 1312 of this title, standard of performance under section 1316 of this title, or prohibition, effluent standard, or pretreatment standard under section 1317 of this title, and with any other appropriate require-ment of State law set forth in such certification, and shall become a condition on any Federal li-cense or permit subject to the provisions of this section.

(June 30, 1948, ch. 758, title IV, § 401, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 877; amended Pub. L. 95–217, §§ 61(b), 64, Dec. 27, 1977, 91 Stat. 1598, 1599.)

AMENDMENTS

1977—Subsec. (a). Pub. L. 95–217 inserted reference to section 1313 of this title in pars. (1), (3), (4), and (5), struck out par. (6) which provided that no Federal agency be deemed an applicant for purposes of this sub-section, and redesignated par. (7) as (6).

§ 1342. National pollutant discharge elimination system

(a) Permits for discharge of pollutants

(1) Except as provided in sections 1328 and 1344 of this title, the Administrator may, after op-portunity for public hearing issue a permit for the discharge of any pollutant, or combination of pollutants, notwithstanding section 1311(a) of this title, upon condition that such discharge will meet either (A) all applicable requirements under sections 1311, 1312, 1316, 1317, 1318, and 1343 of this title, or (B) prior to the taking of nec-essary implementing actions relating to all such requirements, such conditions as the Adminis-trator determines are necessary to carry out the provisions of this chapter.

(2) The Administrator shall prescribe condi-tions for such permits to assure compliance with the requirements of paragraph (1) of this sub-section, including conditions on data and infor-mation collection, reporting, and such other re-quirements as he deems appropriate.

(3) The permit program of the Administrator under paragraph (1) of this subsection, and per-mits issued thereunder, shall be subject to the same terms, conditions, and requirements as apply to a State permit program and permits is-sued thereunder under subsection (b) of this sec-tion.

(4) All permits for discharges into the navi-gable waters issued pursuant to section 407 of this title shall be deemed to be permits issued under this subchapter, and permits issued under this subchapter shall be deemed to be permits is-sued under section 407 of this title, and shall continue in force and effect for their term unless revoked, modified, or suspended in accordance with the provisions of this chapter.

(5) No permit for a discharge into the navi-gable waters shall be issued under section 407 of this title after October 18, 1972. Each application for a permit under section 407 of this title, pend-ing on October 18, 1972, shall be deemed to be an application for a permit under this section. The Administrator shall authorize a State, which he determines has the capability of administering a permit program which will carry out the objec-tives of this chapter to issue permits for dis-charges into the navigable waters within the ju-risdiction of such State. The Administrator may exercise the authority granted him by the pre-ceding sentence only during the period which be-gins on October 18, 1972, and ends either on the ninetieth day after the date of the first promul-gation of guidelines required by section 1314(i)(2) of this title, or the date of approval by the Ad-ministrator of a permit program for such State under subsection (b) of this section, whichever date first occurs, and no such authorization to a State shall extend beyond the last day of such period. Each such permit shall be subject to such conditions as the Administrator deter-mines are necessary to carry out the provisions of this chapter. No such permit shall issue if the Administrator objects to such issuance.

(b) State permit programs

At any time after the promulgation of the guidelines required by subsection (i)(2) of sec-tion 1314 of this title, the Governor of each State desiring to administer its own permit program for discharges into navigable waters within its jurisdiction may submit to the Administrator a full and complete description of the program it proposes to establish and administer under State law or under an interstate compact. In ad-dition, such State shall submit a statement from the attorney general (or the attorney for those State water pollution control agencies which have independent legal counsel), or from the chief legal officer in the case of an inter-state agency, that the laws of such State, or the interstate compact, as the case may be, provide adequate authority to carry out the described program. The Administrator shall approve each submitted program unless he determines that adequate authority does not exist:


(1) To issue permits which— (A) apply, and insure compliance with, any

applicable requirements of sections 1311, 1312, 1316, 1317, and 1343 of this title;

(B) are for fixed terms not exceeding five years; and

(C) can be terminated or modified for cause including, but not limited to, the following:

(i) violation of any condition of the per-mit;

(ii) obtaining a permit by misrepresenta-tion, or failure to disclose fully all relevant facts;

(iii) change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge;

(D) control the disposal of pollutants into wells;

(2)(A) To issue permits which apply, and in-sure compliance with, all applicable require-ments of section 1318 of this title; or

(B) To inspect, monitor, enter, and require re-ports to at least the same extent as required in section 1318 of this title;

(3) To insure that the public, and any other State the waters of which may be affected, re-ceive notice of each application for a permit and to provide an opportunity for public hearing be-fore a ruling on each such application;

(4) To insure that the Administrator receives notice of each application (including a copy thereof) for a permit;

(5) To insure that any State (other than the permitting State), whose waters may be affected by the issuance of a permit may submit written recommendations to the permitting State (and the Administrator) with respect to any permit application and, if any part of such written rec-ommendations are not accepted by the permit-ting State, that the permitting State will notify such affected State (and the Administrator) in writing of its failure to so accept such recom-mendations together with its reasons for so doing;

(6) To insure that no permit will be issued if, in the judgment of the Secretary of the Army acting through the Chief of Engineers, after con-sultation with the Secretary of the department in which the Coast Guard is operating, anchor-age and navigation of any of the navigable wa-ters would be substantially impaired thereby;

(7) To abate violations of the permit or the permit program, including civil and criminal penalties and other ways and means of enforce-ment;

(8) To insure that any permit for a discharge from a publicly owned treatment works includes conditions to require the identification in terms of character and volume of pollutants of any sig-nificant source introducing pollutants subject to pretreatment standards under section 1317(b) of this title into such works and a program to as-sure compliance with such pretreatment stand-ards by each such source, in addition to ade-quate notice to the permitting agency of (A) new introductions into such works of pollutants from any source which would be a new source as defined in section 1316 of this title if such source were discharging pollutants, (B) new introduc-tions of pollutants into such works from a

source which would be subject to section 1311 of this title if it were discharging such pollutants, or (C) a substantial change in volume or char-acter of pollutants being introduced into such works by a source introducing pollutants into such works at the time of issuance of the per-mit. Such notice shall include information on the quality and quantity of effluent to be intro-duced into such treatment works and any antici-pated impact of such change in the quantity or quality of effluent to be discharged from such publicly owned treatment works; and

(9) To insure that any industrial user of any publicly owned treatment works will comply with sections 1284(b), 1317, and 1318 of this title.

(c) Suspension of Federal program upon submis-sion of State program; withdrawal of ap-proval of State program; return of State pro-gram to Administrator

(1) Not later than ninety days after the date on which a State has submitted a program (or revision thereof) pursuant to subsection (b) of this section, the Administrator shall suspend the issuance of permits under subsection (a) of this section as to those discharges subject to such program unless he determines that the State permit program does not meet the re-quirements of subsection (b) of this section or does not conform to the guidelines issued under section 1314(i)(2) of this title. If the Adminis-trator so determines, he shall notify the State of any revisions or modifications necessary to conform to such requirements or guidelines.

(2) Any State permit program under this sec-tion shall at all times be in accordance with this section and guidelines promulgated pursuant to section 1314(i)(2) of this title.

(3) Whenever the Administrator determines after public hearing that a State is not admin-istering a program approved under this section in accordance with requirements of this section, he shall so notify the State and, if appropriate corrective action is not taken within a reason-able time, not to exceed ninety days, the Admin-istrator shall withdraw approval of such pro-gram. The Administrator shall not withdraw ap-proval of any such program unless he shall first have notified the State, and made public, in writing, the reasons for such withdrawal.

(4) LIMITATIONS ON PARTIAL PERMIT PROGRAM RETURNS AND WITHDRAWALS.—A State may re-turn to the Administrator administration, and the Administrator may withdraw under para-graph (3) of this subsection approval, of—

(A) a State partial permit program approved under subsection (n)(3) only if the entire per-mit program being administered by the State department or agency at the time is returned or withdrawn; and

(B) a State partial permit program approved under subsection (n)(4) only if an entire phased component of the permit program being ad-ministered by the State at the time is re-turned or withdrawn.

(d) Notification of Administrator

(1) Each State shall transmit to the Adminis-trator a copy of each permit application re-ceived by such State and provide notice to the Administrator of every action related to the consideration of such permit application, includ-


ing each permit proposed to be issued by such State.

(2) No permit shall issue (A) if the Adminis-trator within ninety days of the date of his noti-fication under subsection (b)(5) of this section objects in writing to the issuance of such per-mit, or (B) if the Administrator within ninety days of the date of transmittal of the proposed permit by the State objects in writing to the is-suance of such permit as being outside the guidelines and requirements of this chapter. Whenever the Administrator objects to the issu-ance of a permit under this paragraph such writ-ten objection shall contain a statement of the reasons for such objection and the effluent limi-tations and conditions which such permit would include if it were issued by the Administrator.

(3) The Administrator may, as to any permit application, waive paragraph (2) of this sub-section.

(4) In any case where, after December 27, 1977, the Administrator, pursuant to paragraph (2) of this subsection, objects to the issuance of a per-mit, on request of the State, a public hearing shall be held by the Administrator on such ob-jection. If the State does not resubmit such per-mit revised to meet such objection within 30 days after completion of the hearing, or, if no hearing is requested within 90 days after the date of such objection, the Administrator may issue the permit pursuant to subsection (a) of this section for such source in accordance with the guidelines and requirements of this chapter.

(e) Waiver of notification requirement

In accordance with guidelines promulgated pursuant to subsection (i)(2) of section 1314 of this title, the Administrator is authorized to waive the requirements of subsection (d) of this section at the time he approves a program pur-suant to subsection (b) of this section for any category (including any class, type, or size with-in such category) of point sources within the State submitting such program.

(f) Point source categories

The Administrator shall promulgate regula-tions establishing categories of point sources which he determines shall not be subject to the requirements of subsection (d) of this section in any State with a program approved pursuant to subsection (b) of this section. The Administrator may distinguish among classes, types, and sizes within any category of point sources.

(g) Other regulations for safe transportation, handling, carriage, storage, and stowage of pollutants

Any permit issued under this section for the discharge of pollutants into the navigable wa-ters from a vessel or other floating craft shall be subject to any applicable regulations promul-gated by the Secretary of the department in which the Coast Guard is operating, establishing specifications for safe transportation, handling, carriage, storage, and stowage of pollutants.

(h) Violation of permit conditions; restriction or prohibition upon introduction of pollutant by source not previously utilizing treatment works

In the event any condition of a permit for dis-charges from a treatment works (as defined in

section 1292 of this title) which is publicly owned is violated, a State with a program ap-proved under subsection (b) of this section or the Administrator, where no State program is approved or where the Administrator deter-mines pursuant to section 1319(a) of this title that a State with an approved program has not commenced appropriate enforcement action with respect to such permit, may proceed in a court of competent jurisdiction to restrict or prohibit the introduction of any pollutant into such treatment works by a source not utilizing such treatment works prior to the finding that such condition was violated.

(i) Federal enforcement not limited

Nothing in this section shall be construed to limit the authority of the Administrator to take action pursuant to section 1319 of this title.

(j) Public information

A copy of each permit application and each permit issued under this section shall be avail-able to the public. Such permit application or permit, or portion thereof, shall further be available on request for the purpose of reproduc-tion.

(k) Compliance with permits

Compliance with a permit issued pursuant to this section shall be deemed compliance, for pur-poses of sections 1319 and 1365 of this title, with sections 1311, 1312, 1316, 1317, and 1343 of this title, except any standard imposed under section 1317 of this title for a toxic pollutant injurious to human health. Until December 31, 1974, in any case where a permit for discharge has been ap-plied for pursuant to this section, but final ad-ministrative disposition of such application has not been made, such discharge shall not be a violation of (1) section 1311, 1316, or 1342 of this title, or (2) section 407 of this title, unless the Administrator or other plaintiff proves that final administrative disposition of such applica-tion has not been made because of the failure of the applicant to furnish information reasonably required or requested in order to process the ap-plication. For the 180-day period beginning on October 18, 1972, in the case of any point source discharging any pollutant or combination of pol-lutants immediately prior to such date which source is not subject to section 407 of this title, the discharge by such source shall not be a vio-lation of this chapter if such a source applies for a permit for discharge pursuant to this section within such 180-day period.

(l) Limitation on permit requirement

(1) Agricultural return flows

The Administrator shall not require a per-mit under this section for discharges com-posed entirely of return flows from irrigated agriculture, nor shall the Administrator di-rectly or indirectly, require any State to re-quire such a permit.

(2) Stormwater runoff from oil, gas, and min-ing operations

The Administrator shall not require a per-mit under this section, nor shall the Adminis-trator directly or indirectly require any State to require a permit, for discharges of storm-


1 So in original. Probably should not be capitalized. 2 So in original. Probably should be preceded by ‘‘section’’.

water runoff from mining operations or oil and gas exploration, production, processing, or treatment operations or transmission facili-ties, composed entirely of flows which are from conveyances or systems of conveyances (including but not limited to pipes, conduits, ditches, and channels) used for collecting and conveying precipitation runoff and which are not contaminated by contact with, or do not come into contact with, any overburden, raw material, intermediate products, finished product, byproduct, or waste products located on the site of such operations.

(3) Silvicultural activities

(A) NPDES PERMIT REQUIREMENTS FOR SIL-VICULTURAL ACTIVITIES.—The Administrator shall not require a permit under this section nor directly or indirectly require any State to require a permit under this section for a dis-charge from runoff resulting from the conduct of the following silviculture activities con-ducted in accordance with standard industry practice: nursery operations, site preparation, reforestation and subsequent cultural treat-ment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and mainte-nance.

(B) OTHER REQUIREMENTS.—Nothing in this paragraph exempts a discharge from silvicul-tural activity from any permitting require-ment under section 1344 of this title, existing permitting requirements under section 1342 of this title, or from any other federal law.

(C) The authorization provided in Section 1 1365(a) of this title does not apply to any non- permitting program established under 1342(p)(6) 2 of this title for the silviculture ac-tivities listed in 1342(l)(3)(A) 2 of this title, or to any other limitations that might be deemed to apply to the silviculture activities listed in 1342(l)(3)(A) 2 of this title.

(m) Additional pretreatment of conventional pol-lutants not required

To the extent a treatment works (as defined in section 1292 of this title) which is publicly owned is not meeting the requirements of a per-mit issued under this section for such treatment works as a result of inadequate design or oper-ation of such treatment works, the Adminis-trator, in issuing a permit under this section, shall not require pretreatment by a person in-troducing conventional pollutants identified pursuant to section 1314(a)(4) of this title into such treatment works other than pretreatment required to assure compliance with pre-treatment standards under subsection (b)(8) of this section and section 1317(b)(1) of this title. Nothing in this subsection shall affect the Ad-ministrator’s authority under sections 1317 and 1319 of this title, affect State and local author-ity under sections 1317(b)(4) and 1370 of this title, relieve such treatment works of its obligations to meet requirements established under this chapter, or otherwise preclude such works from pursuing whatever feasible options are available to meet its responsibility to comply with its permit under this section.

(n) Partial permit program

(1) State submission

The Governor of a State may submit under subsection (b) of this section a permit program for a portion of the discharges into the navi-gable waters in such State.

(2) Minimum coverage

A partial permit program under this sub-section shall cover, at a minimum, adminis-tration of a major category of the discharges into the navigable waters of the State or a major component of the permit program re-quired by subsection (b).

(3) Approval of major category partial permit programs

The Administrator may approve a partial permit program covering administration of a major category of discharges under this sub-section if—

(A) such program represents a complete permit program and covers all of the dis-charges under the jurisdiction of a depart-ment or agency of the State; and

(B) the Administrator determines that the partial program represents a significant and identifiable part of the State program re-quired by subsection (b).

(4) Approval of major component partial per-mit programs

The Administrator may approve under this subsection a partial and phased permit pro-gram covering administration of a major com-ponent (including discharge categories) of a State permit program required by subsection (b) if—

(A) the Administrator determines that the partial program represents a significant and identifiable part of the State program re-quired by subsection (b); and

(B) the State submits, and the Adminis-trator approves, a plan for the State to as-sume administration by phases of the re-mainder of the State program required by subsection (b) by a specified date not more than 5 years after submission of the partial program under this subsection and agrees to make all reasonable efforts to assume such administration by such date.

(o) Anti-backsliding

(1) General prohibition

In the case of effluent limitations estab-lished on the basis of subsection (a)(1)(B) of this section, a permit may not be renewed, re-issued, or modified on the basis of effluent guidelines promulgated under section 1314(b) of this title subsequent to the original issu-ance of such permit, to contain effluent limi-tations which are less stringent than the com-parable effluent limitations in the previous permit. In the case of effluent limitations es-tablished on the basis of section 1311(b)(1)(C) or section 1313(d) or (e) of this title, a permit may not be renewed, reissued, or modified to contain effluent limitations which are less stringent than the comparable effluent limita-tions in the previous permit except in compli-ance with section 1313(d)(4) of this title.


(2) Exceptions

A permit with respect to which paragraph (1) applies may be renewed, reissued, or modified to contain a less stringent effluent limitation applicable to a pollutant if—

(A) material and substantial alterations or additions to the permitted facility occurred after permit issuance which justify the ap-plication of a less stringent effluent limita-tion;

(B)(i) information is available which was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and which would have justi-fied the application of a less stringent efflu-ent limitation at the time of permit issu-ance; or

(ii) the Administrator determines that technical mistakes or mistaken interpreta-tions of law were made in issuing the permit under subsection (a)(1)(B);

(C) a less stringent effluent limitation is necessary because of events over which the permittee has no control and for which there is no reasonably available remedy;

(D) the permittee has received a permit modification under section 1311(c), 1311(g), 1311(h), 1311(i), 1311(k), 1311(n), or 1326(a) of this title; or

(E) the permittee has installed the treat-ment facilities required to meet the effluent limitations in the previous permit and has properly operated and maintained the facili-ties but has nevertheless been unable to achieve the previous effluent limitations, in which case the limitations in the reviewed, reissued, or modified permit may reflect the level of pollutant control actually achieved (but shall not be less stringent than required by effluent guidelines in effect at the time of permit renewal, reissuance, or modification).

Subparagraph (B) shall not apply to any re-vised waste load allocations or any alternative grounds for translating water quality stand-ards into effluent limitations, except where the cumulative effect of such revised alloca-tions results in a decrease in the amount of pollutants discharged into the concerned wa-ters, and such revised allocations are not the result of a discharger eliminating or substan-tially reducing its discharge of pollutants due to complying with the requirements of this chapter or for reasons otherwise unrelated to water quality.

(3) Limitations

In no event may a permit with respect to which paragraph (1) applies be renewed, re-issued, or modified to contain an effluent limi-tation which is less stringent than required by effluent guidelines in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit to discharge into wa-ters be renewed, reissued, or modified to con-tain a less stringent effluent limitation if the implementation of such limitation would re-sult in a violation of a water quality standard under section 1313 of this title applicable to such waters.

(p) Municipal and industrial stormwater dis-charges

(1) General rule

Prior to October 1, 1994, the Administrator or the State (in the case of a permit program approved under this section) shall not require a permit under this section for discharges composed entirely of stormwater.

(2) Exceptions

Paragraph (1) shall not apply with respect to the following stormwater discharges:

(A) A discharge with respect to which a permit has been issued under this section be-fore February 4, 1987.

(B) A discharge associated with industrial activity.

(C) A discharge from a municipal separate storm sewer system serving a population of 250,000 or more.

(D) A discharge from a municipal separate storm sewer system serving a population of 100,000 or more but less than 250,000.

(E) A discharge for which the Adminis-trator or the State, as the case may be, de-termines that the stormwater discharge con-tributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the United States.

(3) Permit requirements

(A) Industrial discharges

Permits for discharges associated with in-dustrial activity shall meet all applicable provisions of this section and section 1311 of this title.

(B) Municipal discharge

Permits for discharges from municipal storm sewers—

(i) may be issued on a system- or juris-diction-wide basis;

(ii) shall include a requirement to effec-tively prohibit non-stormwater discharges into the storm sewers; and

(iii) shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods, and such other provisions as the Administrator or the State determines appropriate for the control of such pollutants.

(4) Permit application requirements

(A) Industrial and large municipal dis-charges

Not later than 2 years after February 4, 1987, the Administrator shall establish regu-lations setting forth the permit application requirements for stormwater discharges de-scribed in paragraphs (2)(B) and (2)(C). Appli-cations for permits for such discharges shall be filed no later than 3 years after February 4, 1987. Not later than 4 years after February 4, 1987, the Administrator or the State, as the case may be, shall issue or deny each such permit. Any such permit shall provide for compliance as expeditiously as prac-ticable, but in no event later than 3 years after the date of issuance of such permit.


(B) Other municipal discharges

Not later than 4 years after February 4, 1987, the Administrator shall establish regu-lations setting forth the permit application requirements for stormwater discharges de-scribed in paragraph (2)(D). Applications for permits for such discharges shall be filed no later than 5 years after February 4, 1987. Not later than 6 years after February 4, 1987, the Administrator or the State, as the case may be, shall issue or deny each such permit. Any such permit shall provide for compliance as expeditiously as practicable, but in no event later than 3 years after the date of issuance of such permit.

(5) Studies

The Administrator, in consultation with the States, shall conduct a study for the purposes of—

(A) identifying those stormwater dis-charges or classes of stormwater discharges for which permits are not required pursuant to paragraphs (1) and (2) of this subsection;

(B) determining, to the maximum extent practicable, the nature and extent of pollut-ants in such discharges; and

(C) establishing procedures and methods to control stormwater discharges to the extent necessary to mitigate impacts on water quality.

Not later than October 1, 1988, the Adminis-trator shall submit to Congress a report on the results of the study described in subpara-graphs (A) and (B). Not later than October 1, 1989, the Administrator shall submit to Con-gress a report on the results of the study de-scribed in subparagraph (C).

(6) Regulations

Not later than October 1, 1993, the Adminis-trator, in consultation with State and local of-ficials, shall issue regulations (based on the results of the studies conducted under para-graph (5)) which designate stormwater dis-charges, other than those discharges described in paragraph (2), to be regulated to protect water quality and shall establish a comprehen-sive program to regulate such designated sources. The program shall, at a minimum, (A) establish priorities, (B) establish requirements for State stormwater management programs, and (C) establish expeditious deadlines. The program may include performance standards, guidelines, guidance, and management prac-tices and treatment requirements, as appro-priate.

(q) Combined sewer overflows

(1) Requirement for permits, orders, and de-crees

Each permit, order, or decree issued pursu-ant to this chapter after December 21, 2000, for a discharge from a municipal combined storm and sanitary sewer shall conform to the Com-bined Sewer Overflow Control Policy signed by the Administrator on April 11, 1994 (in this subsection referred to as the ‘‘CSO control pol-icy’’).

(2) Water quality and designated use review guidance

Not later than July 31, 2001, and after pro-viding notice and opportunity for public com-ment, the Administrator shall issue guidance to facilitate the conduct of water quality and designated use reviews for municipal combined sewer overflow receiving waters.

(3) Report

Not later than September 1, 2001, the Admin-istrator shall transmit to Congress a report on the progress made by the Environmental Pro-tection Agency, States, and municipalities in implementing and enforcing the CSO control policy.

(r) Discharges incidental to the normal operation of recreational vessels

No permit shall be required under this chapter by the Administrator (or a State, in the case of a permit program approved under subsection (b)) for the discharge of any graywater, bilge water, cooling water, weather deck runoff, oil water separator effluent, or effluent from properly functioning marine engines, or any other dis-charge that is incidental to the normal oper-ation of a vessel, if the discharge is from a rec-reational vessel.

(June 30, 1948, ch. 758, title IV, § 402, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 880; amended Pub. L. 95–217, §§ 33(c), 50, 54(c)(1), 65, 66, Dec. 27, 1977, 91 Stat. 1577, 1588, 1591, 1599, 1600; Pub. L. 100–4, title IV, §§ 401–404(a), 404(c), for-merly 404(d), 405, Feb. 4, 1987, 101 Stat. 65–67, 69, renumbered § 404(c), Pub. L. 104–66, title II, § 2021(e)(2), Dec. 21, 1995, 109 Stat. 727; Pub. L. 102–580, title III, § 364, Oct. 31, 1992, 106 Stat. 4862; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 112(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–224; Pub. L. 110–288, § 2, July 29, 2008, 122 Stat. 2650; Pub. L. 113–79, title XII, § 12313, Feb. 7, 2014, 128 Stat. 992.)

AMENDMENTS

2014—Subsec. (l)(3). Pub. L. 113–79 added par. (3). 2008—Subsec. (r). Pub. L. 110–288 added subsec. (r). 2000—Subsec. (q). Pub. L. 106–554 added subsec. (q). 1992—Subsec. (p)(1), (6). Pub. L. 102–580 substituted

‘‘October 1, 1994’’ for ‘‘October 1, 1992’’ in par. (1) and ‘‘October 1, 1993’’ for ‘‘October 1, 1992’’ in par. (6).

1987—Subsec. (a)(1). Pub. L. 100–4, § 404(c), inserted cl. (A) and (B) designations.

Subsec. (c)(1). Pub. L. 100–4, § 403(b)(2), substituted ‘‘as to those discharges’’ for ‘‘as to those navigable wa-ters’’.

Subsec. (c)(4). Pub. L. 100–4, § 403(b)(1), added par. (4). Subsec. (l). Pub. L. 100–4, § 401, inserted ‘‘Limitation

on permit requirement’’ as subsec. heading designated existing provisions as par. (1) and inserted par. heading, added par. (2), and aligned pars. (1) and (2).

Subsecs. (m) to (p). Pub. L. 100–4, §§ 402, 403(a), 404(a), 405, added subsecs. (m) to (p).

1977—Subsec. (a)(5). Pub. L. 95–217, § 50, substituted ‘‘section 1314(i)(2)’’ for ‘‘section 1314(h)(2)’’.

Subsec. (b). Pub. L. 95–217, § 50, substituted in provi-sions preceding par. (1) ‘‘subsection (i)(2) of section 1314’’ for ‘‘subsection (h)(2) of section 1314’’.

Subsec. (b)(8). Pub. L. 95–217, § 54(c)(1), inserted ref-erence to identification in terms of character and vol-ume of pollutants of any significant source introducing pollutants subject to pretreatment standards under section 1317(b) of this title into treatment works and programs to assure compliance with pretreatment standards by each source.


Subsec. (c)(1), (2). Pub. L. 95–217, § 50, substituted ‘‘section 1314(i)(2)’’ for ‘‘section 1314(h)(2)’’.

Subsec. (d)(2). Pub. L. 95–217, § 65(b), inserted provi-sion requiring that, whenever the Administrator ob-jects to the issuance of a permit under subsec. (d)(2) of this section, the written objection contain a statement of the reasons for the objection and the effluent limita-tions and conditions which the permit would include if it were issued by the Administrator.

Subsec. (d)(4). Pub. L. 95–217, § 65(a), added par. (4). Subsec. (e). Pub. L. 95–217, § 50, substituted ‘‘sub-

section (i)(2) of section 1314’’ for ‘‘subsection (h)(2) of section 1314’’.

Subsec. (h). Pub. L. 95–217, § 66, substituted ‘‘where no State program is approved or where the Administrator determines pursuant to section 1319(a) of this title that a State with an approved program has not commenced appropriate enforcement action with respect to such permit,’’ for ‘‘where no State program is approved,’’.

Subsec. (l). Pub. L. 95–217, § 33(c), added subsec. (l).



Enforcement functions of Administrator or other offi-cial of the Environmental Protection Agency under this section relating to compliance with national pol-lutant discharge elimination system permits with re-spect to pre-construction, construction, and initial op-eration of transportation system for Canadian and Alaskan natural gas were transferred to the Federal In-spector, Office of Federal Inspector for the Alaska Nat-ural Gas Transportation System, until the first anni-versary of the date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(a), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au-thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Func-tions and authority vested in Secretary of Energy sub-sequently transferred to Federal Coordinator for Alas-ka Natural Gas Transportation Projects by section 720d(f) of Title 15.

PERMIT REQUIREMENTS FOR DISCHARGES FROM CERTAIN VESSELS

Pub. L. 110–299, §§ 1, 2, July 31, 2008, 122 Stat. 2995, as amended by Pub. L. 111–215, § 1, July 30, 2010, 124 Stat. 2347; Pub. L. 112–213, title VII, § 703, Dec. 20, 2012, 126 Stat. 1580; Pub. L. 113–281, title VI, § 602, Dec. 18, 2014, 128 Stat. 3061, provided that:

‘‘SECTION 1. DEFINITIONS.

‘‘In this Act: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’


‘‘(2) COVERED VESSEL.—The term ‘covered vessel’ means a vessel that is—

‘‘(A) less than 79 feet in length; or ‘‘(B) a fishing vessel (as defined in section 2101 of

title 46, United States Code), regardless of the length of the vessel. ‘‘(3) OTHER TERMS.—The terms ‘contiguous zone’,

‘discharge’, ‘ocean’, and ‘State’ have the meanings given the terms in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362).

‘‘SEC. 2. DISCHARGES INCIDENTAL TO NORMAL OP-ERATION OF VESSELS.

‘‘(a) NO PERMIT REQUIREMENT.—Except as provided in subsection (b), during the period beginning on the date of the enactment of this Act [July 31, 2008] and ending on December 18, 2017, the Administrator, or a State in the case of a permit program approved under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342), shall not require a permit under that sec-tion for a covered vessel for—

‘‘(1) any discharge of effluent from properly func-tioning marine engines;

‘‘(2) any discharge of laundry, shower, and galley sink wastes; or

‘‘(3) any other discharge incidental to the normal operation of a covered vessel. ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply with

respect to— ‘‘(1) rubbish, trash, garbage, or other such mate-

rials discharged overboard; ‘‘(2) other discharges when the vessel is operating

in a capacity other than as a means of transpor-tation, such as when—

‘‘(A) used as an energy or mining facility; ‘‘(B) used as a storage facility or a seafood proc-

essing facility; ‘‘(C) secured to a storage facility or a seafood

processing facility; or ‘‘(D) secured to the bed of the ocean, the contig-

uous zone, or waters of the United States for the purpose of mineral or oil exploration or develop-ment; ‘‘(3) any discharge of ballast water; or ‘‘(4) any discharge in a case in which the Adminis-

trator or State, as appropriate, determines that the discharge—

‘‘(A) contributes to a violation of a water quality standard; or

‘‘(B) poses an unacceptable risk to human health or the environment.’’

STORMWATER PERMIT REQUIREMENTS

Pub. L. 102–240, title I, § 1068, Dec. 18, 1991, 105 Stat. 2007, provided that:

‘‘(a) GENERAL RULE.—Notwithstanding the require-ments of sections 402(p)(2)(B), (C), and (D) of the Fed-eral Water Pollution Control Act [33 U.S.C. 1342(p)(2)(B), (C), (D)], permit application deadlines for stormwater discharges associated with industrial ac-tivities from facilities that are owned or operated by a municipality shall be established by the Administrator of the Environmental Protection Agency (hereinafter in this section referred to as the ‘Administrator’) pur-suant to the requirements of this section.

‘‘(b) PERMIT APPLICATIONS.— ‘‘(1) INDIVIDUAL APPLICATIONS.—The Administrator

shall require individual permit applications for dis-charges described in subsection (a) on or before Octo-ber 1, 1992; except that any municipality that has par-ticipated in a timely part I group application for an industrial activity discharging stormwater that is de-nied such participation in a group application or for which a group application is denied shall not be re-quired to submit an individual application until the 180th day following the date on which the denial is made.

‘‘(2) GROUP APPLICATIONS.—With respect to group applications for permits for discharges described in subsection (a), the Administrator shall require—

‘‘(A) part I applications on or before September 30, 1991, except that any municipality with a popu-lation of less than 250,000 shall not be required to submit a part I application before May 18, 1992; and

‘‘(B) part II applications on or before October 1, 1992, except that any municipality with a popu-lation of less than 250,000 shall not be required to submit a part II application before May 17, 1993.

‘‘(c) MUNICIPALITIES WITH LESS THAN 100,000 POPU-LATION.—The Administrator shall not require any mu-


nicipality with a population of less than 100,000 to apply for or obtain a permit for any stormwater dis-charge associated with an industrial activity other than an airport, powerplant, or uncontrolled sanitary landfill owned or operated by such municipality before October 1, 1992, unless such permit is required by sec-tion 402(p)(2)(A) or (E) of the Federal Water Pollution Control Act [33 U.S.C. 1342(p)(2)(A), (E)].

‘‘(d) UNCONTROLLED SANITARY LANDFILL DEFINED.— For the purposes of this section, the term ‘uncontrolled sanitary landfill’ means a landfill or open dump, whether in operation or closed, that does not meet the requirements for run-on and run-off controls estab-lished pursuant to subtitle D of the Solid Waste Dis-posal Act [42 U.S.C. 6941 et seq.].

‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—Noth-ing in this section shall be construed to affect any ap-plication or permit requirement, including any dead-line, to apply for or obtain a permit for stormwater dis-charges subject to section 402(p)(2)(A) or (E) of the Fed-eral Water Pollution Control Act [33 U.S.C. 1342(p)(2)(A), (E)].

‘‘(f) REGULATIONS.—The Administrator shall issue final regulations with respect to general permits for stormwater discharges associated with industrial activ-ity on or before February 1, 1992.’’

PHOSPHATE FERTILIZER EFFLUENT LIMITATION

Pub. L. 100–4, title III, § 306(c), Feb. 4, 1987, 101 Stat. 36, provided that:

‘‘(1) ISSUANCE OF PERMIT.—As soon as possible after the date of the enactment of this Act [Feb. 4, 1987], but not later than 180 days after such date of enactment, the Administrator shall issue permits under section 402(a)(1)(B) of the Federal Water Pollution Control Act [33 U.S.C. 1342(a)(1)(B)] with respect to facilities—

‘‘(A) which were under construction on or before April 8, 1974, and

‘‘(B) for which the Administrator is proposing to re-vise the applicability of the effluent limitation estab-lished under section 301(b) of such Act [33 U.S.C. 1311(b)] for phosphate subcategory of the fertilizer manufacturing point source category to exclude such facilities. ‘‘(2) LIMITATIONS ON STATUTORY CONSTRUCTION.—Noth-

ing in this section [amending section 1311 of this title and enacting this note] shall be construed—

‘‘(A) to require the Administrator to permit the dis-charge of gypsum or gypsum waste into the navigable waters,

‘‘(B) to affect the procedures and standards applica-ble to the Administrator in issuing permits under section 402(a)(1)(B) of the Federal Water Pollution Control Act [33 U.S.C. 1342(a)(1)(B)], and

‘‘(C) to affect the authority of any State to deny or condition certification under section 401 of such Act [33 U.S.C. 1341] with respect to the issuance of per-mits under section 402(a)(1)(B) of such Act.’’

LOG TRANSFER FACILITIES

Pub. L. 100–4, title IV, § 407, Feb. 4, 1987, 101 Stat. 74, provided that:

‘‘(a) AGREEMENT.—The Administrator and Secretary of the Army shall enter into an agreement regarding coordination of permitting for log transfer facilities to designate a lead agency and to process permits required under sections 402 and 404 of the Federal Water Pollu-tion Control Act [33 U.S.C. 1342, 1344], where both such sections apply, for discharges associated with the con-struction and operation of log transfer facilities. The Administrator and Secretary are authorized to act in accordance with the terms of such agreement to assure that, to the maximum extent practicable, duplication, needless paperwork and delay in the issuance of per-mits, and inequitable enforcement between and among facilities in different States, shall be eliminated.

‘‘(b) APPLICATIONS AND PERMITS BEFORE OCTOBER 22, 1985.—Where both of sections 402 and 404 of the Federal Water Pollution Control Act [33 U.S.C. 1342, 1344] apply,

log transfer facilities which have received a permit under section 404 of such Act before October 22, 1985, shall not be required to submit a new application for a permit under section 402 of such Act. If the Adminis-trator determines that the terms of a permit issued on or before October 22, 1985, under section 404 of such Act satisfies the applicable requirements of sections 301, 302, 306, 307, 308, and 403 of such Act [33 U.S.C. 1311, 1312, 1316, 1317, 1318, and 1343], a separate application for a permit under section 402 of such Act shall not there-after be required. In any case where the Administrator demonstrates, after an opportunity for a hearing, that the terms of a permit issued on or before October 22, 1985, under section 404 of such Act do not satisfy the ap-plicable requirements of sections 301, 302, 306, 307, 308, and 403 of such Act, modifications to the existing per-mit under section 404 of such Act to incorporate such applicable requirements shall be issued by the Adminis-trator as an alternative to issuance of a separate new permit under section 402 of such Act.

‘‘(c) LOG TRANSFER FACILITY DEFINED.—For the pur-poses of this section, the term ‘log transfer facility’ means a facility which is constructed in whole or in part in waters of the United States and which is uti-lized for the purpose of transferring commercially har-vested logs to or from a vessel or log raft, including the formation of a log raft.’’

ALLOWABLE DELAY IN MODIFYING EXISTING APPROVED STATE PERMIT PROGRAMS TO CONFORM TO 1977 AMENDMENT

Pub. L. 95–217, § 54(c)(2), Dec. 27, 1977, 91 Stat. 1591, provided that any State permit program approved under this section before Dec. 27, 1977, which required modification to conform to the amendment made by section 54(c)(1) of Pub. L. 95–217, which amended subsec. (b)(8) of this section, not be required to be modified be-fore the end of the one year period which began on Dec. 27, 1977, unless in order to make the required modifica-tion a State must amend or enact a law in which case such modification not be required for such State before the end of the two year period which began on Dec. 27, 1977.

§ 1343. Ocean discharge criteria

(a) Issuance of permits

No permit under section 1342 of this title for a discharge into the territorial sea, the waters of the contiguous zone, or the oceans shall be is-sued, after promulgation of guidelines estab-lished under subsection (c) of this section, ex-cept in compliance with such guidelines. Prior to the promulgation of such guidelines, a permit may be issued under such section 1342 of this title if the Administrator determines it to be in the public interest.

(b) Waiver

The requirements of subsection (d) of section 1342 of this title may not be waived in the case of permits for discharges into the territorial sea.

(c) Guidelines for determining degradation of waters

(1) The Administrator shall, within one hun-dred and eighty days after October 18, 1972 (and from time to time thereafter), promulgate guidelines for determining the degradation of the waters of the territorial seas, the contiguous zone, and the oceans, which shall include:

(A) the effect of disposal of pollutants on human health or welfare, including but not limited to plankton, fish, shellfish, wildlife, shorelines, and beaches;

(B) the effect of disposal of pollutants on marine life including the transfer, concentra-


tion, and dispersal of pollutants or their by-products through biological, physical, and chemical processes; changes in marine eco-system diversity, productivity, and stability; and species and community population changes;

(C) the effect of disposal, of pollutants on es-thetic, recreation, and economic values;

(D) the persistence and permanence of the effects of disposal of pollutants;

(E) the effect of the disposal of varying rates, of particular volumes and concentra-tions of pollutants;

(F) other possible locations and methods of disposal or recycling of pollutants including land-based alternatives; and

(G) the effect on alternate uses of the oceans, such as mineral exploitation and sci-entific study.

(2) In any event where insufficient information exists on any proposed discharge to make a rea-sonable judgment on any of the guidelines estab-lished pursuant to this subsection no permit shall be issued under section 1342 of this title.

(June 30, 1948, ch. 758, title IV, § 403, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 883.)

DISCHARGES FROM POINT SOURCES IN UNITED STATES VIRGIN ISLANDS ATTRIBUTABLE TO MANUFACTURE OF RUM; EXEMPTION; CONDITIONS

Discharges from point sources in the United States Virgin Islands in existence on Aug. 5, 1983, attributable to the manufacture of rum not to be subject to the re-quirements of this section under certain conditions, see section 214(g) of Pub. L. 98–67, set out as a note under section 1311 of this title.



§ 1344. Permits for dredged or fill material

(a) Discharge into navigable waters at specified disposal sites

The Secretary may issue permits, after notice and opportunity for public hearings for the dis-charge of dredged or fill material into the navi-gable waters at specified disposal sites. Not later than the fifteenth day after the date an ap-plicant submits all the information required to complete an application for a permit under this subsection, the Secretary shall publish the no-tice required by this subsection.

(b) Specification for disposal sites

Subject to subsection (c) of this section, each such disposal site shall be specified for each such permit by the Secretary (1) through the ap-plication of guidelines developed by the Admin-istrator, in conjunction with the Secretary, which guidelines shall be based upon criteria comparable to the criteria applicable to the ter-ritorial seas, the contiguous zone, and the ocean under section 1343(c) of this title, and (2) in any case where such guidelines under clause (1) alone would prohibit the specification of a site, through the application additionally of the eco-nomic impact of the site on navigation and an-chorage.

(c) Denial or restriction of use of defined areas as disposal sites

The Administrator is authorized to prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site, and he is authorized to deny or restrict the use of any defined area for specification (includ-ing the withdrawal of specification) as a disposal site, whenever he determines, after notice and opportunity for public hearings, that the dis-charge of such materials into such area will have an unacceptable adverse effect on munici-pal water supplies, shellfish beds and fishery areas (including spawning and breeding areas), wildlife, or recreational areas. Before making such determination, the Administrator shall consult with the Secretary. The Administrator shall set forth in writing and make public his findings and his reasons for making any deter-mination under this subsection.

(d) ‘‘Secretary’’ defined

The term ‘‘Secretary’’ as used in this section means the Secretary of the Army, acting through the Chief of Engineers.

(e) General permits on State, regional, or nation-wide basis

(1) In carrying out his functions relating to the discharge of dredged or fill material under this section, the Secretary may, after notice and opportunity for public hearing, issue general permits on a State, regional, or nationwide basis for any category of activities involving dis-charges of dredged or fill material if the Sec-retary determines that the activities in such category are similar in nature, will cause only minimal adverse environmental effects when performed separately, and will have only mini-mal cumulative adverse effect on the environ-ment. Any general permit issued under this sub-section shall (A) be based on the guidelines de-scribed in subsection (b)(1) of this section, and (B) set forth the requirements and standards which shall apply to any activity authorized by such general permit.

(2) No general permit issued under this sub-section shall be for a period of more than five years after the date of its issuance and such gen-eral permit may be revoked or modified by the Secretary if, after opportunity for public hear-ing, the Secretary determines that the activities authorized by such general permit have an ad-verse impact on the environment or such activi-ties are more appropriately authorized by indi-vidual permits.

(f) Non-prohibited discharge of dredged or fill material

(1) Except as provided in paragraph (2) of this subsection, the discharge of dredged or fill mate-rial—

(A) from normal farming, silviculture, and ranching activities such as plowing, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest prod-ucts, or upland soil and water conservation practices;

(B) for the purpose of maintenance, includ-ing emergency reconstruction of recently damaged parts, of currently serviceable struc-tures such as dikes, dams, levees, groins,


riprap, breakwaters, causeways, and bridge abutments or approaches, and transportation structures;

(C) for the purpose of construction or main-tenance of farm or stock ponds or irrigation ditches, or the maintenance of drainage ditches;

(D) for the purpose of construction of tem-porary sedimentation basins on a construction site which does not include placement of fill material into the navigable waters;

(E) for the purpose of construction or main-tenance of farm roads or forest roads, or tem-porary roads for moving mining equipment, where such roads are constructed and main-tained, in accordance with best management practices, to assure that flow and circulation patterns and chemical and biological charac-teristics of the navigable waters are not im-paired, that the reach of the navigable waters is not reduced, and that any adverse effect on the aquatic environment will be otherwise minimized;

(F) resulting from any activity with respect to which a State has an approved program under section 1288(b)(4) of this title which meets the requirements of subparagraphs (B) and (C) of such section,

is not prohibited by or otherwise subject to reg-ulation under this section or section 1311(a) or 1342 of this title (except for effluent standards or prohibitions under section 1317 of this title).

(2) Any discharge of dredged or fill material into the navigable waters incidental to any ac-tivity having as its purpose bringing an area of the navigable waters into a use to which it was not previously subject, where the flow or cir-culation of navigable waters may be impaired or the reach of such waters be reduced, shall be re-quired to have a permit under this section.

(g) State administration

(1) The Governor of any State desiring to ad-minister its own individual and general permit program for the discharge of dredged or fill ma-terial into the navigable waters (other than those waters which are presently used, or are susceptible to use in their natural condition or by reasonable improvement as a means to trans-port interstate or foreign commerce shoreward to their ordinary high water mark, including all waters which are subject to the ebb and flow of the tide shoreward to their mean high water mark, or mean higher high water mark on the west coast, including wetlands adjacent thereto) within its jurisdiction may submit to the Ad-ministrator a full and complete description of the program it proposes to establish and admin-ister under State law or under an interstate compact. In addition, such State shall submit a statement from the attorney general (or the at-torney for those State agencies which have inde-pendent legal counsel), or from the chief legal officer in the case of an interstate agency, that the laws of such State, or the interstate com-pact, as the case may be, provide adequate au-thority to carry out the described program.

(2) Not later than the tenth day after the date of the receipt of the program and statement sub-mitted by any State under paragraph (1) of this subsection, the Administrator shall provide cop-

ies of such program and statement to the Sec-retary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.

(3) Not later than the ninetieth day after the date of the receipt by the Administrator of the program and statement submitted by any State, under paragraph (1) of this subsection, the Sec-retary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall submit any com-ments with respect to such program and state-ment to the Administrator in writing.

(h) Determination of State’s authority to issue permits under State program; approval; noti-fication; transfers to State program

(1) Not later than the one-hundred-twentieth day after the date of the receipt by the Adminis-trator of a program and statement submitted by any State under paragraph (1) of this subsection, the Administrator shall determine, taking into account any comments submitted by the Sec-retary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, pursuant to subsection (g) of this section, whether such State has the fol-lowing authority with respect to the issuance of permits pursuant to such program:

(A) To issue permits which— (i) apply, and assure compliance with, any

applicable requirements of this section, in-cluding, but not limited to, the guidelines established under subsection (b)(1) of this section, and sections 1317 and 1343 of this title;

(ii) are for fixed terms not exceeding five years; and

(iii) can be terminated or modified for cause including, but not limited to, the fol-lowing:

(I) violation of any condition of the per-mit;

(II) obtaining a permit by misrepresenta-tion, or failure to disclose fully all rel-evant facts;

(III) change in any condition that re-quires either a temporary or permanent reduction or elimination of the permitted discharge.

(B) To issue permits which apply, and assure compliance with, all applicable requirements of section 1318 of this title, or to inspect, mon-itor, enter, and require reports to at least the same extent as required in section 1318 of this title.

(C) To assure that the public, and any other State the waters of which may be affected, re-ceive notice of each application for a permit and to provide an opportunity for public hear-ing before a ruling on each such application.

(D) To assure that the Administrator re-ceives notice of each application (including a copy thereof) for a permit.

(E) To assure that any State (other than the permitting State), whose waters may be af-fected by the issuance of a permit may submit written recommendations to the permitting State (and the Administrator) with respect to any permit application and, if any part of such written recommendations are not accepted by


the permitting State, that the permitting State will notify such affected State (and the Administrator) in writing of its failure to so accept such recommendations together with its reasons for so doing.

(F) To assure that no permit will be issued if, in the judgment of the Secretary, after con-sultation with the Secretary of the depart-ment in which the Coast Guard is operating, anchorage and navigation of any of the navi-gable waters would be substantially impaired thereby.

(G) To abate violations of the permit or the permit program, including civil and criminal penalties and other ways and means of en-forcement.

(H) To assure continued coordination with Federal and Federal-State water-related plan-ning and review processes.

(2) If, with respect to a State program submit-ted under subsection (g)(1) of this section, the Administrator determines that such State—

(A) has the authority set forth in paragraph (1) of this subsection, the Administrator shall approve the program and so notify (i) such State and (ii) the Secretary, who upon subse-quent notification from such State that it is administering such program, shall suspend the issuance of permits under subsections (a) and (e) of this section for activities with respect to which a permit may be issued pursuant to such State program; or

(B) does not have the authority set forth in paragraph (1) of this subsection, the Adminis-trator shall so notify such State, which notifi-cation shall also describe the revisions or modifications necessary so that such State may resubmit such program for a determina-tion by the Administrator under this sub-section.

(3) If the Administrator fails to make a deter-mination with respect to any program submit-ted by a State under subsection (g)(1) of this sec-tion within one-hundred-twenty days after the date of the receipt of such program, such pro-gram shall be deemed approved pursuant to paragraph (2)(A) of this subsection and the Ad-ministrator shall so notify such State and the Secretary who, upon subsequent notification from such State that it is administering such program, shall suspend the issuance of permits under subsection (a) and (e) of this section for activities with respect to which a permit may be issued by such State.

(4) After the Secretary receives notification from the Administrator under paragraph (2) or (3) of this subsection that a State permit pro-gram has been approved, the Secretary shall transfer any applications for permits pending before the Secretary for activities with respect to which a permit may be issued pursuant to such State program to such State for appro-priate action.

(5) Upon notification from a State with a per-mit program approved under this subsection that such State intends to administer and en-force the terms and conditions of a general per-mit issued by the Secretary under subsection (e) of this section with respect to activities in such State to which such general permit applies, the

Secretary shall suspend the administration and enforcement of such general permit with respect to such activities.

(i) Withdrawal of approval

Whenever the Administrator determines after public hearing that a State is not administering a program approved under subsection (h)(2)(A) of this section, in accordance with this section, in-cluding, but not limited to, the guidelines estab-lished under subsection (b)(1) of this section, the Administrator shall so notify the State, and, if appropriate corrective action is not taken with-in a reasonable time, not to exceed ninety days after the date of the receipt of such notification, the Administrator shall (1) withdraw approval of such program until the Administrator deter-mines such corrective action has been taken, and (2) notify the Secretary that the Secretary shall resume the program for the issuance of permits under subsections (a) and (e) of this sec-tion for activities with respect to which the State was issuing permits and that such author-ity of the Secretary shall continue in effect until such time as the Administrator makes the determination described in clause (1) of this sub-section and such State again has an approved program.

(j) Copies of applications for State permits and proposed general permits to be transmitted to Administrator

Each State which is administering a permit program pursuant to this section shall transmit to the Administrator (1) a copy of each permit application received by such State and provide notice to the Administrator of every action re-lated to the consideration of such permit appli-cation, including each permit proposed to be is-sued by such State, and (2) a copy of each pro-posed general permit which such State intends to issue. Not later than the tenth day after the date of the receipt of such permit application or such proposed general permit, the Adminis-trator shall provide copies of such permit appli-cation or such proposed general permit to the Secretary and the Secretary of the Interior, act-ing through the Director of the United States Fish and Wildlife Service. If the Administrator intends to provide written comments to such State with respect to such permit application or such proposed general permit, he shall so notify such State not later than the thirtieth day after the date of the receipt of such application or such proposed general permit and provide such written comments to such State, after consider-ation of any comments made in writing with re-spect to such application or such proposed gen-eral permit by the Secretary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, not later than the ninetieth day after the date of such receipt. If such State is so notified by the Administrator, it shall not issue the proposed permit until after the receipt of such comments from the Administrator, or after such ninetieth day, whichever first occurs. Such State shall not issue such proposed permit after such ninetieth day if it has received such written comments in which the Administrator objects (A) to the issu-ance of such proposed permit and such proposed permit is one that has been submitted to the Ad-


ministrator pursuant to subsection (h)(1)(E), or (B) to the issuance of such proposed permit as being outside the requirements of this section, including, but not limited to, the guidelines de-veloped under subsection (b)(1) of this section unless it modifies such proposed permit in ac-cordance with such comments. Whenever the Administrator objects to the issuance of a per-mit under the preceding sentence such written objection shall contain a statement of the rea-sons for such objection and the conditions which such permit would include if it were issued by the Administrator. In any case where the Ad-ministrator objects to the issuance of a permit, on request of the State, a public hearing shall be held by the Administrator on such objection. If the State does not resubmit such permit revised to meet such objection within 30 days after com-pletion of the hearing or, if no hearing is re-quested within 90 days after the date of such ob-jection, the Secretary may issue the permit pur-suant to subsection (a) or (e) of this section, as the case may be, for such source in accordance with the guidelines and requirements of this chapter.

(k) Waiver

In accordance with guidelines promulgated pursuant to subsection (i)(2) of section 1314 of this title, the Administrator is authorized to waive the requirements of subsection (j) of this section at the time of the approval of a program pursuant to subsection (h)(2)(A) of this section for any category (including any class, type, or size within such category) of discharge within the State submitting such program.

(l) Categories of discharges not subject to re-quirements

The Administrator shall promulgate regula-tions establishing categories of discharges which he determines shall not be subject to the re-quirements of subsection (j) of this section in any State with a program approved pursuant to subsection (h)(2)(A) of this section. The Admin-istrator may distinguish among classes, types, and sizes within any category of discharges.

(m) Comments on permit applications or pro-posed general permits by Secretary of the In-terior acting through Director of United States Fish and Wildlife Service

Not later than the ninetieth day after the date on which the Secretary notifies the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service that (1) an application for a permit under subsection (a) of this section has been received by the Sec-retary, or (2) the Secretary proposes to issue a general permit under subsection (e) of this sec-tion, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall submit any com-ments with respect to such application or such proposed general permit in writing to the Sec-retary.

(n) Enforcement authority not limited

Nothing in this section shall be construed to limit the authority of the Administrator to take action pursuant to section 1319 of this title.

(o) Public availability of permits and permit ap-plications

A copy of each permit application and each permit issued under this section shall be avail-able to the public. Such permit application or portion thereof, shall further be available on re-quest for the purpose of reproduction.

(p) Compliance

Compliance with a permit issued pursuant to this section, including any activity carried out pursuant to a general permit issued under this section, shall be deemed compliance, for pur-poses of sections 1319 and 1365 of this title, with sections 1311, 1317, and 1343 of this title.

(q) Minimization of duplication, needless paper-work, and delays in issuance; agreements

Not later than the one-hundred-eightieth day after December 27, 1977, the Secretary shall enter into agreements with the Administrator, the Secretaries of the Departments of Agri-culture, Commerce, Interior, and Transpor-tation, and the heads of other appropriate Fed-eral agencies to minimize, to the maximum ex-tent practicable, duplication, needless paper-work, and delays in the issuance of permits under this section. Such agreements shall be de-veloped to assure that, to the maximum extent practicable, a decision with respect to an appli-cation for a permit under subsection (a) of this section will be made not later than the nine-tieth day after the date the notice for such ap-plication is published under subsection (a) of this section.

(r) Federal projects specifically authorized by Congress

The discharge of dredged or fill material as part of the construction of a Federal project spe-cifically authorized by Congress, whether prior to or on or after December 27, 1977, is not prohib-ited by or otherwise subject to regulation under this section, or a State program approved under this section, or section 1311(a) or 1342 of this title (except for effluent standards or prohibi-tions under section 1317 of this title), if informa-tion on the effects of such discharge, including consideration of the guidelines developed under subsection (b)(1) of this section, is included in an environmental impact statement for such project pursuant to the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and such environmental impact statement has been submitted to Congress before the actual dis-charge of dredged or fill material in connection with the construction of such project and prior to either authorization of such project or an ap-propriation of funds for such construction.

(s) Violation of permits

(1) Whenever on the basis of any information available to him the Secretary finds that any person is in violation of any condition or limita-tion set forth in a permit issued by the Sec-retary under this section, the Secretary shall issue an order requiring such person to comply with such condition or limitation, or the Sec-retary shall bring a civil action in accordance with paragraph (3) of this subsection.

(2) A copy of any order issued under this sub-section shall be sent immediately by the Sec-


1 So in original. Probably should be ‘‘action’’.

retary to the State in which the violation occurs and other affected States. Any order issued under this subsection shall be by personal serv-ice and shall state with reasonable specificity the nature of the violation, specify a time for compliance, not to exceed thirty days, which the Secretary determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable re-quirements. In any case in which an order under this subsection is issued to a corporation, a copy of such order shall be served on any appropriate corporate officers.

(3) The Secretary is authorized to commence a civil action for appropriate relief, including a permanent or temporary injunction for any vio-lation for which he is authorized to issue a com-pliance order under paragraph (1) of this sub-section. Any action under this paragraph may be brought in the district court of the United States for the district in which the defendant is located or resides or is doing business, and such court shall have jurisdiction to restrain such violation and to require compliance. Notice of the commencement of such acton 1 shall be given immediately to the appropriate State.

(4) Any person who violates any condition or limitation in a permit issued by the Secretary under this section, and any person who violates any order issued by the Secretary under para-graph (1) of this subsection, shall be subject to a civil penalty not to exceed $25,000 per day for each violation. In determining the amount of a civil penalty the court shall consider the seri-ousness of the violation or violations, the eco-nomic benefit (if any) resulting from the viola-tion, any history of such violations, any good- faith efforts to comply with the applicable re-quirements, the economic impact of the penalty on the violator, and such other matters as jus-tice may require.

(t) Navigable waters within State jurisdiction

Nothing in this section shall preclude or deny the right of any State or interstate agency to control the discharge of dredged or fill material in any portion of the navigable waters within the jurisdiction of such State, including any ac-tivity of any Federal agency, and each such agency shall comply with such State or inter-state requirements both substantive and proce-dural to control the discharge of dredged or fill material to the same extent that any person is subject to such requirements. This section shall not be construed as affecting or impairing the authority of the Secretary to maintain naviga-tion.

(June 30, 1948, ch. 758, title IV, § 404, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 884; amended Pub. L. 95–217, § 67(a), (b), Dec. 27, 1977, 91 Stat. 1600; Pub. L. 100–4, title III, § 313(d), Feb. 4, 1987, 101 Stat. 45.)

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, re-ferred to in subsec. (r), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to

the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

AMENDMENTS

1987—Subsec. (s). Pub. L. 100–4 redesignated par. (5) as (4), substituted ‘‘$25,000 per day for each violation’’ for ‘‘$10,000 per day of such violation’’, inserted provision specifying factors to consider in determining the pen-alty amount, and struck out former par. (4) which read as follows:

‘‘(A) Any person who willfully or negligently violates any condition or limitation in a permit issued by the Secretary under this section shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. If the conviction is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprison-ment for not more than two years, or by both.

‘‘(B) For the purposes of this paragraph, the term ‘person’ shall mean, in addition to the definition con-tained in section 1362(5) of this title, any responsible corporate officer.’’

1977—Subsec. (a). Pub. L. 95–217, § 67(a)(1), substituted ‘‘The Secretary’’ for ‘‘The Secretary of the Army, act-ing through the Chief of Engineers,’’ and inserted pro-vision that, not later than the fifteenth day after the date an applicant submits all the information required to complete an application for a permit under this sub-section, the Secretary publish the notice required by this subsection.

Subsecs. (b), (c). Pub. L. 95–217, § 67(a)(2), substituted ‘‘the Secretary’’ for ‘‘the Secretary of the Army’’.

Subsecs. (d) to (t). Pub. L. 95–217, § 67(b), added sub-secs. (d) to (t).



Enforcement functions of Administrator or other offi-cial of the Environmental Protection Agency and of Secretary or other official in Department of the Inte-rior relating to review of the Corps of Engineers’ dredged and fill material permits and such functions of Secretary of the Army, Chief of Engineers, or other of-ficial in Corps of Engineers of the United States Army relating to compliance with dredged and fill material permits issued under this section with respect to pre- construction, construction, and initial operation of transportation system for Canadian and Alaskan natu-ral gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Trans-portation System, until the first anniversary of the date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(a), (b), (e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Of-fice of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au-thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Func-tions and authority vested in Secretary of Energy sub-sequently transferred to Federal Coordinator for Alas-ka Natural Gas Transportation Projects by section 720d(f) of Title 15.

MITIGATION AND MITIGATION BANKING REGULATIONS

Pub. L. 108–136, div. A, title III, § 314(b), Nov. 24, 2003, 117 Stat. 1431, provided that:


‘‘(1) To ensure opportunities for Federal agency par-ticipation in mitigation banking, the Secretary of the Army, acting through the Chief of Engineers, shall issue regulations establishing performance standards and criteria for the use, consistent with section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344), of on-site, off-site, and in-lieu fee mitigation and mitigation banking as compensation for lost wetlands functions in permits issued by the Secretary of the Army under such section. To the maximum extent practicable, the regulatory standards and criteria shall maximize available credits and opportunities for miti-gation, provide flexibility for regional variations in wetland conditions, functions and values, and apply equivalent standards and criteria to each type of com-pensatory mitigation.

‘‘(2) Final regulations shall be issued not later than two years after the date of the enactment of this Act [Nov. 24, 2003].’’

REGULATORY PROGRAM

Pub. L. 106–377, § 1(a)(2) [title I], Oct. 27, 2000, 114 Stat. 1441, 1441A–63, provided in part that: ‘‘For expenses nec-essary for administration of laws pertaining to regula-tion of navigable waters and wetlands, $125,000,000, to remain available until expended: Provided, That the Secretary of the Army, acting through the Chief of En-gineers, is directed to use funds appropriated herein to: (1) by March 1, 2001, supplement the report, Cost Analy-sis For the 1999 Proposal to Issue and Modify Nation-wide Permits, to reflect the Nationwide Permits actu-ally issued on March 9, 2000, including changes in the acreage limits, preconstruction notification require-ments and general conditions between the rule pro-posed on July 21, 1999, and the rule promulgated and published in the Federal Register; (2) after consider-ation of the cost analysis for the 1999 proposal to issue and modify nationwide permits and the supplement prepared pursuant to this Act [H.R. 5483, as enacted by section 1(a)(2) of Pub. L. 106–377, see Tables for classi-fication] and by September 30, 2001, prepare, submit to Congress and publish in the Federal Register a Permit Processing Management Plan by which the Corps of En-gineers will handle the additional work associated with all projected increases in the number of individual per-mit applications and preconstruction notifications re-lated to the new and replacement permits and general conditions. The Permit Processing Management Plan shall include specific objective goals and criteria by which the Corps of Engineers’ progress towards reduc-ing any permit backlog can be measured; (3) beginning on December 31, 2001, and on a biannual basis there-after, report to Congress and publish in the Federal Register, an analysis of the performance of its program as measured against the criteria set out in the Permit Processing Management Plan; (4) implement a 1-year pilot program to publish quarterly on the U.S. Army Corps of Engineer’s Regulatory Program website all Regulatory Analysis and Management Systems (RAMS) data for the South Pacific Division and North Atlantic Division beginning within 30 days of the enactment of this Act [Oct. 27, 2000]; and (5) publish in Division Office websites all findings, rulings, and decisions rendered under the administrative appeals process for the Corps of Engineers Regulatory Program as established in Public Law 106–60 [113 Stat. 486]: Provided further, That, through the period ending on September 30, 2003, the Corps of Engineers shall allow any appellant to keep a verbatim record of the proceedings of the appeals con-ference under the aforementioned administrative ap-peals process: Provided further, That within 30 days of the enactment of this Act, the Secretary of the Army, acting through the Chief of Engineers, shall require all U.S. Army Corps of Engineers Divisions and Districts to record the date on which a section 404 individual per-mit application or nationwide permit notification is filed with the Corps of Engineers: Provided further, That the Corps of Engineers, when reporting permit process-ing times, shall track both the date a permit applica-tion is first received and the date the application is

considered complete, as well as the reason that the ap-plication is not considered complete upon first submis-sion.’’

AUTHORITY TO DELEGATE TO STATE OF WASHINGTON FUNCTIONS OF THE SECRETARY RELATING TO LAKE CHELAN, WASHINGTON

Pub. L. 95–217, § 76, Dec. 27, 1977, 91 Stat. 1610, provided that: ‘‘The Secretary of the Army, acting through the Chief of Engineers, is authorized to delegate to the State of Washington upon its request all or any part of those functions vested in such Secretary by section 404 of the Federal Water Pollution Control Act [this sec-tion] and by sections 9, 10, and 13 of the Act of March 3, 1899 [sections 401, 403, and 407 of this title], relating to Lake Chelan, Washington, if the Secretary deter-mines (1) that such State has the authority, respon-sibility, and capability to carry out such functions, and (2) that such delegation is in the public interest. Such delegation shall be subject to such terms and condi-tions as the Secretary deems necessary, including, but not limited to, suspension and revocation for cause of such delegation.’’

DREDGED MATERIAL DISPOSAL

Pub. L. 114–322, title I, § 1189, Dec. 16, 2016, 130 Stat. 1681, provided that: ‘‘Disposal of dredged material shall not be considered environmentally acceptable for the purposes of identifying the Federal standard (as defined in section 335.7 of title 33, Code of Federal Regulations (or successor regulations)) if the disposal violates ap-plicable State water quality standards approved by the Administrator of the Environmental Protection Agen-cy under section 303 of the Federal Water Pollution Control Act (33 U.S.C. 1313).’’



§ 1345. Disposal or use of sewage sludge

(a) Permit

Notwithstanding any other provision of this chapter or of any other law, in any case where the disposal of sewage sludge resulting from the operation of a treatment works as defined in section 1292 of this title (including the removal of in-place sewage sludge from one location and its deposit at another location) would result in any pollutant from such sewage sludge entering the navigable waters, such disposal is prohibited except in accordance with a permit issued by the Administrator under section 1342 of this title.

(b) Issuance of permit; regulations

The Administrator shall issue regulations gov-erning the issuance of permits for the disposal of sewage sludge subject to subsection (a) of this section and section 1342 of this title. Such regu-lations shall require the application to such dis-posal of each criterion, factor, procedure, and requirement applicable to a permit issued under section 1342 of this title.

(c) State permit program

Each State desiring to administer its own per-mit program for disposal of sewage sludge sub-ject to subsection (a) of this section within its jurisdiction may do so in accordance with sec-tion 1342 of this title.

(d) Regulations

(1) Regulations

The Administrator, after consultation with appropriate Federal and State agencies and


other interested persons, shall develop and publish, within one year after December 27, 1977, and from time to time thereafter, regula-tions providing guidelines for the disposal of sludge and the utilization of sludge for various purposes. Such regulations shall—

(A) identify uses for sludge, including dis-posal;

(B) specify factors to be taken into ac-count in determining the measures and prac-tices applicable to each such use or disposal (including publication of information on costs);

(C) identify concentrations of pollutants which interfere with each such use or dis-posal.

The Administrator is authorized to revise any regulation issued under this subsection.

(2) Identification and regulation of toxic pol-lutants

(A) On basis of available information

(i) Proposed regulations

Not later than November 30, 1986, the Ad-ministrator shall identify those toxic pol-lutants which, on the basis of available in-formation on their toxicity, persistence, concentration, mobility, or potential for exposure, may be present in sewage sludge in concentrations which may adversely af-fect public health or the environment, and propose regulations specifying acceptable management practices for sewage sludge containing each such toxic pollutant and establishing numerical limitations for each such pollutant for each use identified under paragraph (1)(A).

(ii) Final regulations

Not later than August 31, 1987, and after opportunity for public hearing, the Admin-istrator shall promulgate the regulations required by subparagraph (A)(i).

(B) Others

(i) Proposed regulations

Not later than July 31, 1987, the Admin-istrator shall identify those toxic pollut-ants not identified under subparagraph (A)(i) which may be present in sewage sludge in concentrations which may ad-versely affect public health or the environ-ment, and propose regulations specifying acceptable management practices for sew-age sludge containing each such toxic pol-lutant and establishing numerical limita-tions for each pollutant for each such use identified under paragraph (1)(A).

(ii) Final regulations

Not later than June 15, 1988, the Admin-istrator shall promulgate the regulations required by subparagraph (B)(i).

(C) Review

From time to time, but not less often than every 2 years, the Administrator shall re-view the regulations promulgated under this paragraph for the purpose of identifying ad-ditional toxic pollutants and promulgating regulations for such pollutants consistent with the requirements of this paragraph.

(D) Minimum standards; compliance date

The management practices and numerical criteria established under subparagraphs (A), (B), and (C) shall be adequate to protect public health and the environment from any reasonably anticipated adverse effects of each pollutant. Such regulations shall re-quire compliance as expeditiously as prac-ticable but in no case later than 12 months after their publication, unless such regula-tions require the construction of new pollu-tion control facilities, in which case the reg-ulations shall require compliance as expedi-tiously as practicable but in no case later than two years from the date of their publi-cation.

(3) Alternative standards

For purposes of this subsection, if, in the judgment of the Administrator, it is not fea-sible to prescribe or enforce a numerical limi-tation for a pollutant identified under para-graph (2), the Administrator may instead pro-mulgate a design, equipment, management practice, or operational standard, or combina-tion thereof, which in the Administrator’s judgment is adequate to protect public health and the environment from any reasonably an-ticipated adverse effects of such pollutant. In the event the Administrator promulgates a de-sign or equipment standard under this sub-section, the Administrator shall include as part of such standard such requirements as will assure the proper operation and mainte-nance of any such element of design or equip-ment.

(4) Conditions on permits

Prior to the promulgation of the regulations required by paragraph (2), the Administrator shall impose conditions in permits issued to publicly owned treatment works under section 1342 of this title or take such other measures as the Administrator deems appropriate to protect public health and the environment from any adverse effects which may occur from toxic pollutants in sewage sludge.

(5) Limitation on statutory construction

Nothing in this section is intended to waive more stringent requirements established by this chapter or any other law.

(e) Manner of sludge disposal

The determination of the manner of disposal or use of sludge is a local determination, except that it shall be unlawful for any person to dis-pose of sludge from a publicly owned treatment works or any other treatment works treating domestic sewage for any use for which regula-tions have been established pursuant to sub-section (d) of this section, except in accordance with such regulations.

(f) Implementation of regulations

(1) Through section 1342 permits

Any permit issued under section 1342 of this title to a publicly owned treatment works or any other treatment works treating domestic sewage shall include requirements for the use and disposal of sludge that implement the reg-ulations established pursuant to subsection (d)


of this section, unless such requirements have been included in a permit issued under the ap-propriate provisions of subtitle C of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.], part C of the Safe Drinking Water Act [42 U.S.C. 300h et seq.], the Marine Protection, Re-search, and Sanctuaries Act of 1972 [16 U.S.C. 1431 et seq., 1447 et seq.; 33 U.S.C. 1401 et seq., 2801 et seq.], or the Clean Air Act [42 U.S.C. 7401 et seq.], or under State permit programs approved by the Administrator, where the Ad-ministrator determines that such programs assure compliance with any applicable re-quirements of this section. Not later than De-cember 15, 1986, the Administrator shall pro-mulgate procedures for approval of State pro-grams pursuant to this paragraph.

(2) Through other permits

In the case of a treatment works described in paragraph (1) that is not subject to section 1342 of this title and to which none of the other above listed permit programs nor ap-proved State permit authority apply, the Ad-ministrator may issue a permit to such treat-ment works solely to impose requirements for the use and disposal of sludge that implement the regulations established pursuant to sub-section (d) of this section. The Administrator shall include in the permit appropriate re-quirements to assure compliance with the reg-ulations established pursuant to subsection (d) of this section. The Administrator shall estab-lish procedures for issuing permits pursuant to this paragraph.

(g) Studies and projects

(1) Grant program; information gathering

The Administrator is authorized to conduct or initiate scientific studies, demonstration projects, and public information and education projects which are designed to promote the safe and beneficial management or use of sew-age sludge for such purposes as aiding the res-toration of abandoned mine sites, conditioning soil for parks and recreation areas, agricul-tural and horticultural uses, and other bene-ficial purposes. For the purposes of carrying out this subsection, the Administrator may make grants to State water pollution control agencies, other public or nonprofit agencies, institutions, organizations, and individuals. In cooperation with other Federal departments and agencies, other public and private agen-cies, institutions, and organizations, the Ad-ministrator is authorized to collect and dis-seminate information pertaining to the safe and beneficial use of sewage sludge.

(2) Authorization of appropriations

For the purposes of carrying out the sci-entific studies, demonstration projects, and public information and education projects au-thorized in this section, there is authorized to be appropriated for fiscal years beginning after September 30, 1986, not to exceed $5,000,000.

(June 30, 1948, ch. 758, title IV, § 405, as added 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, § 406(a)–(c), (f), Feb. 4, 1987, 101 Stat. 71, 72, 74.)

REFERENCES IN TEXT

The Solid Waste Disposal Act, referred to in subsec. (f)(1), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795. Subtitle C of the Solid Waste Dis-posal Act is classified generally to subchapter III (§ 6921 et seq.) of chapter 82 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables.

The Safe Drinking Water Act, referred to in subsec. (f)(1), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, as amended. Part C of the Act is classified generally to part C (§ 300h et seq.) of subchapter XII of chapter 6A of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.

The Marine Protection, Research, and Sanctuaries Act of 1972, referred to in subsec. (f)(1), is Pub. L. 92–532, Oct. 23, 1972, 86 Stat. 1052, as amended, which is classi-fied generally to chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Conservation, and chapters 27 (§ 1401 et seq.) and 41 (§ 2801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1401 of this title and Tables.

The Clean Air Act, referred to in subsec. (f)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classi-fication of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.

AMENDMENTS

1987—Subsec. (d). Pub. L. 100–4, § 406(a), designated ex-isting provision as par. (1), inserted heading, redesig-nated former pars. (1) to (3) as subpars. (A) to (C), and added pars. (2) to (5).

Pub. L. 100–4, § 406(f), inserted heading ‘‘Regulations’’ and aligned par. (1) with par. (3) and subpars. (A) to (C) of par. (1) with subpar. (C) of par. (2).

Subsec. (e). Pub. L. 100–4, § 406(b), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as fol-lows: ‘‘The determination of the manner of disposal or use of sludge is a local determination except that it shall be unlawful for the owner or operator of any pub-licly owned treatment works to dispose of sludge from such works for any use for which guidelines have been established pursuant to subsection (d) of this section, except in accordance with such guidelines.’’

Subsecs. (f), (g). Pub. L. 100–4, § 406(c), added subsecs. (f) and (g).

1977—Subsec. (a). Pub. L. 95–217, § 68(a), substituted ‘‘under section 1342 of this title’’ for ‘‘under this sec-tion’’.

Subsec. (b). Pub. L. 95–217, §§ 54(d)(1), 68(b), (c), sub-stituted ‘‘sewage sludge subject to subsection (a) of this section and section 1342 of this title’’ for ‘‘sewage sludge subject to this section’’ and struck out ‘‘, as the Administrator determines necessary to carry out the objective of this chapter’’ after ‘‘permit issued under section 1342 of this title’’.

Subsec. (c). Pub. L. 95–217, §§ 54(d)(2), 68(d), sub-stituted ‘‘disposal of sewage sludge subject to sub-section (a) of this section within its jurisdiction may do so in accordance with section 1342 of this title’’ for ‘‘disposal of sewage sludge within its jurisdiction may do so if upon submission of such program the Adminis-trator determines such program is adequate to carry out the objective of this chapter’’.

Subsecs. (d), (e). Pub. L. 95–217, § 54(d)(3), added sub-secs. (d) and (e).

REMOVAL CREDITS

Pub. L. 100–4, title IV, § 406(e), Feb. 4, 1987, 101 Stat. 73, provided that: ‘‘The part of the decision of Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency, No. 84–3530 (3d. Cir. 1986), which ad-


dresses section 405(d) of the Federal Water Pollution Control Act [33 U.S.C. 1345(d)] is stayed until August 31, 1987, with respect to—

‘‘(1) those publicly owned treatment works the owner or operator of which received authority to re-vise pretreatment requirements under section 307(b)(1) of such Act [33 U.S.C. 1317(b)(1)] before the date of the enactment of this section [Feb. 4, 1987], and

‘‘(2) those publicly owned treatment works the owner or operator of which has submitted an applica-tion for authority to revise pretreatment require-ments under such section 307(b)(1) which application is pending on such date of enactment and is approved before August 31, 1987.

The Administrator shall not authorize any other re-moval credits under such Act [33 U.S.C. 1251 et seq.] until the Administrator issues the regulations required by paragraph (2)(A)(ii) of section 405(d) of such Act, as amended by subsection (a) of this section.’’

§ 1346. Coastal recreation water quality monitor-ing and notification

(a) Monitoring and notification

(1) In general

Not later than 18 months after October 10, 2000, after consultation and in cooperation with appropriate Federal, State, tribal, and local officials (including local health offi-cials), and after providing public notice and an opportunity for comment, the Administrator shall publish performance criteria for—

(A) monitoring and assessment (including specifying available methods for monitor-ing) of coastal recreation waters adjacent to beaches or similar points of access that are used by the public for attainment of applica-ble water quality standards for pathogens and pathogen indicators; and

(B) the prompt notification of the public, local governments, and the Administrator of any exceeding of or likelihood of exceeding applicable water quality standards for coast-al recreation waters described in subpara-graph (A).

(2) Level of protection

The performance criteria referred to in para-graph (1) shall provide that the activities de-scribed in subparagraphs (A) and (B) of that paragraph shall be carried out as necessary for the protection of public health and safety.

(b) Program development and implementation grants

(1) In general

The Administrator may make grants to States and local governments to develop and implement programs for monitoring and noti-fication for coastal recreation waters adjacent to beaches or similar points of access that are used by the public.

(2) Limitations

(A) In general

The Administrator may award a grant to a State or a local government to implement a monitoring and notification program if—

(i) the program is consistent with the performance criteria published by the Ad-ministrator under subsection (a);

(ii) the State or local government prior-itizes the use of grant funds for particular

coastal recreation waters based on the use of the water and the risk to human health presented by pathogens or pathogen indi-cators;

(iii) the State or local government makes available to the Administrator the factors used to prioritize the use of funds under clause (ii);

(iv) the State or local government pro-vides a list of discrete areas of coastal recreation waters that are subject to the program for monitoring and notification for which the grant is provided that speci-fies any coastal recreation waters for which fiscal constraints will prevent con-sistency with the performance criteria under subsection (a); and

(v) the public is provided an opportunity to review the program through a process that provides for public notice and an op-portunity for comment.

(B) Grants to local governments

The Administrator may make a grant to a local government under this subsection for implementation of a monitoring and notifi-cation program only if, after the 1-year pe-riod beginning on the date of publication of performance criteria under subsection (a)(1), the Administrator determines that the State is not implementing a program that meets the requirements of this subsection, regard-less of whether the State has received a grant under this subsection.

(3) Other requirements

(A) Report

A State recipient of a grant under this subsection shall submit to the Adminis-trator, in such format and at such intervals as the Administrator determines to be ap-propriate, a report that describes—

(i) data collected as part of the program for monitoring and notification as de-scribed in subsection (c); and

(ii) actions taken to notify the public when water quality standards are exceed-ed.

(B) Delegation

A State recipient of a grant under this subsection shall identify each local govern-ment to which the State has delegated or in-tends to delegate responsibility for imple-menting a monitoring and notification pro-gram consistent with the performance cri-teria published under subsection (a) (includ-ing any coastal recreation waters for which the authority to implement a monitoring and notification program would be subject to the delegation).

(4) Federal share

(A) In general

The Administrator, through grants award-ed under this section, may pay up to 100 per-cent of the costs of developing and imple-menting a program for monitoring and noti-fication under this subsection.

(B) Non-Federal share

The non-Federal share of the costs of de-veloping and implementing a monitoring and notification program may be—


(i) in an amount not to exceed 50 per-cent, as determined by the Administrator in consultation with State, tribal, and local government representatives; and

(ii) provided in cash or in kind.

(c) Content of State and local government pro-grams

As a condition of receipt of a grant under sub-section (b), a State or local government program for monitoring and notification under this sec-tion shall identify—

(1) lists of coastal recreation waters in the State, including coastal recreation waters ad-jacent to beaches or similar points of access that are used by the public;

(2) in the case of a State program for mon-itoring and notification, the process by which the State may delegate to local governments responsibility for implementing the monitor-ing and notification program;

(3) the frequency and location of monitoring and assessment of coastal recreation waters based on—

(A) the periods of recreational use of the waters;

(B) the nature and extent of use during certain periods;

(C) the proximity of the waters to known point sources and nonpoint sources of pollu-tion; and

(D) any effect of storm events on the wa-ters;

(4)(A) the methods to be used for detecting levels of pathogens and pathogen indicators that are harmful to human health; and

(B) the assessment procedures for identify-ing short-term increases in pathogens and pathogen indicators that are harmful to human health in coastal recreation waters (in-cluding increases in relation to storm events);

(5) measures for prompt communication of the occurrence, nature, location, pollutants involved, and extent of any exceeding of, or likelihood of exceeding, applicable water qual-ity standards for pathogens and pathogen indi-cators to—

(A) the Administrator, in such form as the Administrator determines to be appropriate; and

(B) a designated official of a local govern-ment having jurisdiction over land adjoining the coastal recreation waters for which the failure to meet applicable standards is iden-tified;

(6) measures for the posting of signs at beaches or similar points of access, or func-tionally equivalent communication measures that are sufficient to give notice to the public that the coastal recreation waters are not meeting or are not expected to meet applica-ble water quality standards for pathogens and pathogen indicators; and

(7) measures that inform the public of the potential risks associated with water contact activities in the coastal recreation waters that do not meet applicable water quality standards.

(d) Federal agency programs

Not later than 3 years after October 10, 2000, each Federal agency that has jurisdiction over

coastal recreation waters adjacent to beaches or similar points of access that are used by the public shall develop and implement, through a process that provides for public notice and an opportunity for comment, a monitoring and no-tification program for the coastal recreation wa-ters that—

(1) protects the public health and safety; (2) is consistent with the performance cri-

teria published under subsection (a); (3) includes a completed report on the infor-

mation specified in subsection (b)(3)(A), to be submitted to the Administrator; and

(4) addresses the matters specified in sub-section (c).

(e) Database

The Administrator shall establish, maintain, and make available to the public by electronic and other means a national coastal recreation water pollution occurrence database that pro-vides—

(1) the data reported to the Administrator under subsections (b)(3)(A)(i) and (d)(3); and

(2) other information concerning pathogens and pathogen indicators in coastal recreation waters that—

(A) is made available to the Administrator by a State or local government, from a coastal water quality monitoring program of the State or local government; and

(B) the Administrator determines should be included.

(f) Technical assistance for monitoring floatable material

The Administrator shall provide technical as-sistance to States and local governments for the development of assessment and monitoring pro-cedures for floatable material to protect public health and safety in coastal recreation waters.

(g) List of waters

(1) In general

Beginning not later than 18 months after the date of publication of performance criteria under subsection (a), based on information made available to the Administrator, the Ad-ministrator shall identify, and maintain a list of, discrete coastal recreation waters adjacent to beaches or similar points of access that are used by the public that—

(A) specifies any waters described in this paragraph that are subject to a monitoring and notification program consistent with the performance criteria established under subsection (a); and

(B) specifies any waters described in this paragraph for which there is no monitoring and notification program (including waters for which fiscal constraints will prevent the State or the Administrator from performing monitoring and notification consistent with the performance criteria established under subsection (a)).

(2) Availability

The Administrator shall make the list de-scribed in paragraph (1) available to the public through—

(A) publication in the Federal Register; and


(B) electronic media.

(3) Updates

The Administrator shall update the list de-scribed in paragraph (1) periodically as new in-formation becomes available.

(h) EPA implementation

In the case of a State that has no program for monitoring and notification that is consistent with the performance criteria published under subsection (a) after the last day of the 3-year pe-riod beginning on the date on which the Admin-istrator lists waters in the State under sub-section (g)(1)(B), the Administrator shall con-duct a monitoring and notification program for the listed waters based on a priority ranking es-tablished by the Administrator using funds ap-propriated for grants under subsection (i)—

(1) to conduct monitoring and notification; and

(2) for related salaries, expenses, and travel.

(i) Authorization of appropriations

There is authorized to be appropriated for making grants under subsection (b), including implementation of monitoring and notification programs by the Administrator under subsection (h), $30,000,000 for each of fiscal years 2001 through 2005.

(June 30, 1948, ch. 758, title IV, § 406, as added Pub. L. 106–284, § 4, Oct. 10, 2000, 114 Stat. 872.)

SUBCHAPTER V—GENERAL PROVISIONS

§ 1361. Administration

(a) Authority of Administrator to prescribe regu-lations

The Administrator is authorized to prescribe such regulations as are necessary to carry out his functions under this chapter.

(b) Utilization of other agency officers and em-ployees

The Administrator, with the consent of the head of any other agency of the United States, may utilize such officers and employees of such agency as may be found necessary to assist in carrying out the purposes of this chapter.

(c) Recordkeeping

Each recipient of financial assistance under this chapter shall keep such records as the Ad-ministrator shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assist-ance, the total cost of the project or under-taking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking sup-plied by other sources, and such other records as will facilitate effective audit.

(d) Audit

The Administrator and the Comptroller Gen-eral of the United States, or any of their duly authorized representatives, shall have access, for the purpose of audit and examination, to any books, documents, papers, and records of the re-cipients that are pertinent to the grants re-ceived under this chapter. For the purpose of carrying out audits and examinations with re-

spect to recipients of Federal assistance under this chapter, the Administrator is authorized to enter into noncompetitive procurement con-tracts with independent State audit organiza-tions, consistent with chapter 75 of title 31. Such contracts may only be entered into to the extent and in such amounts as may be provided in ad-vance in appropriation Acts.

(e) Awards for outstanding technological achievement or innovative processes, meth-ods, or devices in waste treatment and pollu-tion abatement programs

(1) It is the purpose of this subsection to au-thorize a program which will provide official recognition by the United States Government to those industrial organizations and political sub-divisions of States which during the preceding year demonstrated an outstanding technological achievement or an innovative process, method, or device in their waste treatment and pollution abatement programs. The Administrator shall, in consultation with the appropriate State water pollution control agencies, establish regu-lations under which such recognition may be ap-plied for and granted, except that no applicant shall be eligible for an award under this sub-section if such applicant is not in total compli-ance with all applicable water quality require-ments under this chapter, or otherwise does not have a satisfactory record with respect to envi-ronmental quality.

(2) The Administrator shall award a certificate or plaque of suitable design to each industrial organization or political subdivision which qualifies for such recognition under regulations established under this subsection.

(3) The President of the United States, the Governor of the appropriate State, the Speaker of the House of Representatives, and the Presi-dent pro tempore of the Senate shall be notified of the award by the Administrator and the awarding of such recognition shall be published in the Federal Register.

(f) Detail of Environmental Protection Agency personnel to State water pollution control agencies

Upon the request of a State water pollution control agency, personnel of the Environmental Protection Agency may be detailed to such agency for the purpose of carrying out the provi-sions of this chapter.

(June 30, 1948, ch. 758, title V, § 501, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 885; amended Pub. L. 100–4, title V, § 501, Feb. 4, 1987, 101 Stat. 75.)

AMENDMENTS

1987—Subsec. (d). Pub. L. 100–4 inserted provision at end authorizing Administrator to enter into non-competitive procurement contracts with independent State audit organizations, consistent with chapter 75 of title 31, but only to extent and in such amounts as pro-vided in advance in appropriations Acts.

APPLICABILITY OF SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE

Pub. L. 113–121, title I, § 1049, June 10, 2014, 128 Stat. 1257, as amended by Pub. L. 114–322, title IV, § 5011, Dec. 16, 2016, 130 Stat. 1902, provided that:

‘‘(a) DEFINITIONS.—In this section:


‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Environmental Pro-tection Agency.

‘‘(2) FARM.—The term ‘farm’ has the meaning given the term in section 112.2 of title 40, Code of Federal Regulations (or successor regulations).

‘‘(3) GALLON.—The term ‘gallon’ means a United States gallon.

‘‘(4) OIL.—The term ‘oil’ has the meaning given the term in section 112.2 of title 40, Code of Federal Regu-lations (or successor regulations).

‘‘(5) OIL DISCHARGE.—The term ‘oil discharge’ has the meaning given the term ‘discharge’ in section 112.2 of title 40, Code of Federal Regulations (or suc-cessor regulations).

‘‘(6) REPORTABLE OIL DISCHARGE HISTORY.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B),

the term ‘reportable oil discharge history’ means a single oil discharge, as described in section 112.1(b) of title 40, Code of Federal Regulations (including successor regulations), that exceeds 1,000 gallons or 2 oil discharges, as described in section 112.1(b) of title 40, Code of Federal Regulations (including suc-cessor regulations), that each exceed 42 gallons within any 12-month period—

‘‘(i) in the 3 years prior to the certification date of the Spill Prevention, Control, and Counter-measure plan (as described in section 112.3 of title 40, Code of Federal Regulations (including succes-sor regulations); or

‘‘(ii) since becoming subject to part 112 of title 40, Code of Federal Regulations, if the facility has been in operation for less than 3 years. ‘‘(B) EXCLUSIONS.—The term ‘reportable oil dis-

charge history’ does not include an oil discharge, as described in section 112.1(b) of title 40, Code of Fed-eral Regulations (including successor regulations), that is the result of a natural disaster, an act of war, or terrorism. ‘‘(7) SPILL PREVENTION, CONTROL, AND COUNTER-

MEASURE RULE.—The term ‘Spill Prevention, Control, and Countermeasure rule’ means the regulation, in-cluding amendments, promulgated by the Adminis-trator under part 112 of title 40, Code of Federal Reg-ulations (or successor regulations). ‘‘(b) CERTIFICATION.—In implementing the Spill Pre-

vention, Control, and Countermeasure rule with respect to any farm, the Administrator shall—

‘‘(1) require certification by a professional engineer for a farm with—

‘‘(A) an individual tank with an aboveground storage capacity greater than 10,000 gallons;

‘‘(B) an aggregate aboveground storage capacity greater than or equal to 20,000 gallons; or

‘‘(C) a reportable oil discharge history; or ‘‘(2) allow certification by the owner or operator of

the farm (via self-certification) for a farm with— ‘‘(A) an aggregate aboveground storage capacity

less than 20,000 gallons and greater than the lesser of—

‘‘(i) 6,000 gallons; and ‘‘(ii) the adjustment quantity established under

subsection (d)(2); and ‘‘(B) no reportable oil discharge history; and

‘‘(3) not require compliance with the rule by any farm—

‘‘(A) with an aggregate aboveground storage ca-pacity greater than 2,500 gallons and less than the lesser of—

‘‘(i) 6,000 gallons; and ‘‘(ii) the adjustment quantity established under

subsection (d)(2); and ‘‘(B) no reportable oil discharge history; and

‘‘(4) not require compliance with the rule by any farm with an aggregate aboveground storage capacity of less than 2,500 gallons. ‘‘(c) REGULATION OF ABOVEGROUND STORAGE AT

FARMS.— ‘‘(1) CALCULATION OF AGGREGATE ABOVEGROUND

STORAGE CAPACITY.—For purposes of subsection (b),

the aggregate aboveground storage capacity of a farm excludes—

‘‘(A) all containers on separate parcels that have a capacity that is 1,000 gallons or less; and

‘‘(B) all containers holding animal feed ingredi-ents approved for use in livestock feed by the Com-missioner of Food and Drugs. ‘‘(2) CERTAIN FARM CONTAINERS.—Part 112 of title 40,

Code of Federal Regulations (or successor regula-tions), shall not apply to the following containers lo-cated at a farm:

‘‘(A) Containers on a separate parcel that have— ‘‘(i) an individual capacity of not greater than

1,000 gallons; and ‘‘(ii) an aggregate capacity of not greater than

2,500 gallons. ‘‘(B) A container holding animal feed ingredients

approved for use in livestock feed by the Food and Drug Administration.

‘‘(d) STUDY.— ‘‘(1) IN GENERAL.—Not later than 1 year after the

date of enactment of this Act [June 10, 2014], the Ad-ministrator, in consultation with the Secretary of Agriculture, shall conduct a study to determine the appropriate exemption under paragraphs (2) and (3) of subsection (b), which shall be not more than 6,000 gal-lons and not less than 2,500 gallons, based on a signifi-cant risk of discharge to water.

‘‘(2) ADJUSTMENT.—Not later than 18 months after the date on which the study described in paragraph (1) is complete, the Administrator, in consultation with the Secretary of Agriculture, shall promulgate a rule to adjust the exemption levels described in para-graphs (2) and (3) of subsection (b) in accordance with the study.’’

ENVIRONMENTAL COURT FEASIBILITY STUDY

Pub. L. 92–500, § 9, Oct. 18, 1972, 86 Stat. 899, authorized the President, acting through the Attorney General, to study the feasibility of establishing a separate court or court system with jurisdiction over environmental matters and required him to report the results of his study, together with his recommendations, to Congress not later than one year after Oct. 18, 1972.

TRANSFER OF PUBLIC HEALTH SERVICE OFFICERS

Pub. L. 89–234, § 2(b)–(k), Oct. 2, 1965, 79 Stat. 904, 905, authorized the transfer of certain commissioned offi-cers of the Public Health Service to classified positions in the Federal Water Pollution Control Administra-tion, now the Environmental Protection Agency, where such transfer was requested within six months after the establishment of the Administration and made certain administrative provisions relating to pension and re-tirement rights of the transferees, sick leave benefits, group life insurance, and certain other miscellaneous provisions.

§ 1362. Definitions

Except as otherwise specifically provided, when used in this chapter:

(1) The term ‘‘State water pollution control agency’’ means the State agency designated by the Governor having responsibility for enforcing State laws relating to the abatement of pollu-tion.

(2) The term ‘‘interstate agency’’ means an agency of two or more States established by or pursuant to an agreement or compact approved by the Congress, or any other agency of two or more States, having substantial powers or du-ties pertaining to the control of pollution as de-termined and approved by the Administrator.

(3) The term ‘‘State’’ means a State, the Dis-trict of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern


Mariana Islands, and the Trust Territory of the Pacific Islands.

(4) The term ‘‘municipality’’ means a city, town, borough, county, parish, district, associa-tion, or other public body created by or pursu-ant to State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized In-dian tribal organization, or a designated and ap-proved management agency under section 1288 of this title.

(5) The term ‘‘person’’ means an individual, corporation, partnership, association, State, municipality, commission, or political subdivi-sion of a State, or any interstate body.

(6) The term ‘‘pollutant’’ means dredged spoil, solid waste, incinerator residue, sewage, gar-bage, sewage sludge, munitions, chemical wastes, biological materials, radioactive mate-rials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. This term does not mean (A) ‘‘sewage from ves-sels or a discharge incidental to the normal op-eration of a vessel of the Armed Forces’’ within the meaning of section 1322 of this title; or (B) water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well used either to facilitate production or for dis-posal purposes is approved by authority of the State in which the well is located, and if such State determines that such injection or disposal will not result in the degradation of ground or surface water resources.

(7) The term ‘‘navigable waters’’ means the waters of the United States, including the terri-torial seas.

(8) The term ‘‘territorial seas’’ means the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of three miles.

(9) The term ‘‘contiguous zone’’ means the en-tire zone established or to be established by the United States under article 24 of the Convention of the Territorial Sea and the Contiguous Zone.

(10) The term ‘‘ocean’’ means any portion of the high seas beyond the contiguous zone.

(11) The term ‘‘effluent limitation’’ means any restriction established by a State or the Admin-istrator on quantities, rates, and concentrations of chemical, physical, biological, and other con-stituents which are discharged from point sources into navigable waters, the waters of the contiguous zone, or the ocean, including sched-ules of compliance.

(12) The term ‘‘discharge of a pollutant’’ and the term ‘‘discharge of pollutants’’ each means (A) any addition of any pollutant to navigable waters from any point source, (B) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.

(13) The term ‘‘toxic pollutant’’ means those pollutants, or combinations of pollutants, in-cluding disease-causing agents, which after dis-charge and upon exposure, ingestion, inhalation or assimilation into any organism, either di-

rectly from the environment or indirectly by in-gestion through food chains, will, on the basis of information available to the Administrator, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological mal-functions (including malfunctions in reproduc-tion) or physical deformations, in such orga-nisms or their offspring.

(14) The term ‘‘point source’’ means any dis-cernible, confined and discrete conveyance, in-cluding but not limited to any pipe, ditch, chan-nel, tunnel, conduit, well, discrete fissure, con-tainer, rolling stock, concentrated animal feed-ing operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural storm-water discharges and return flows from irrigated agriculture.

(15) The term ‘‘biological monitoring’’ shall mean the determination of the effects on aquat-ic life, including accumulation of pollutants in tissue, in receiving waters due to the discharge of pollutants (A) by techniques and procedures, including sampling of organisms representative of appropriate levels of the food chain appro-priate to the volume and the physical, chemical, and biological characteristics of the effluent, and (B) at appropriate frequencies and locations.

(16) The term ‘‘discharge’’ when used without qualification includes a discharge of a pollutant, and a discharge of pollutants.

(17) The term ‘‘schedule of compliance’’ means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limita-tion, other limitation, prohibition, or standard.

(18) The term ‘‘industrial user’’ means those industries identified in the Standard Industrial Classification Manual, Bureau of the Budget, 1967, as amended and supplemented, under the category of ‘‘Division D—Manufacturing’’ and such other classes of significant waste producers as, by regulation, the Administrator deems ap-propriate.

(19) The term ‘‘pollution’’ means the manmade or man-induced alteration of the chemi-cal, physical, biological, and radiological integ-rity of water.

(20) The term ‘‘medical waste’’ means isola-tion wastes; infectious agents; human blood and blood products; pathological wastes; sharps; body parts; contaminated bedding; surgical wastes and potentially contaminated laboratory wastes; dialysis wastes; and such additional medical items as the Administrator shall pre-scribe by regulation.

(21) COASTAL RECREATION WATERS.— (A) IN GENERAL.—The term ‘‘coastal recre-

ation waters’’ means— (i) the Great Lakes; and (ii) marine coastal waters (including coast-

al estuaries) that are designated under sec-tion 1313(c) of this title by a State for use for swimming, bathing, surfing, or similar water contact activities.

(B) EXCLUSIONS.—The term ‘‘coastal recre-ation waters’’ does not include—

(i) inland waters; or (ii) waters upstream of the mouth of a

river or stream having an unimpaired natu-ral connection with the open sea.


(22) FLOATABLE MATERIAL.— (A) IN GENERAL.—The term ‘‘floatable mate-

rial’’ means any foreign matter that may float or remain suspended in the water column.

(B) INCLUSIONS.—The term ‘‘floatable mate-rial’’ includes—

(i) plastic; (ii) aluminum cans; (iii) wood products; (iv) bottles; and (v) paper products.

(23) PATHOGEN INDICATOR.—The term ‘‘patho-gen indicator’’ means a substance that indicates the potential for human infectious disease.

(24) OIL AND GAS EXPLORATION AND PRODUC-TION.—The term ‘‘oil and gas exploration, pro-duction, processing, or treatment operations or transmission facilities’’ means all field activi-ties or operations associated with exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equip-ment, whether or not such field activities or op-erations may be considered to be construction activities.

(25) RECREATIONAL VESSEL.— (A) IN GENERAL.—The term ‘‘recreational

vessel’’ means any vessel that is— (i) manufactured or used primarily for

pleasure; or (ii) leased, rented, or chartered to a person

for the pleasure of that person.

(B) EXCLUSION.—The term ‘‘recreational ves-sel’’ does not include a vessel that is subject to Coast Guard inspection and that—

(i) is engaged in commercial use; or (ii) carries paying passengers.

(26) TREATMENT WORKS.—The term ‘‘treatment works’’ has the meaning given the term in sec-tion 1292 of this title.

(June 30, 1948, ch. 758, title V, § 502, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 886; amended Pub. L. 95–217, § 33(b), Dec. 27, 1977, 91 Stat. 1577; Pub. L. 100–4, title V, §§ 502(a), 503, Feb. 4, 1987, 101 Stat. 75; Pub. L. 100–688, title III, § 3202(a), Nov. 18, 1988, 102 Stat. 4154; Pub. L. 104–106, div. A, title III, § 325(c)(3), Feb. 10, 1996, 110 Stat. 259; Pub. L. 106–284, § 5, Oct. 10, 2000, 114 Stat. 875; Pub. L. 109–58, title III, § 323, Aug. 8, 2005, 119 Stat. 694; Pub. L. 110–288, § 3, July 29, 2008, 122 Stat. 2650; Pub. L. 113–121, title V, § 5012(b), June 10, 2014, 128 Stat. 1328.)

AMENDMENTS

2014—Par. (26). Pub. L. 113–121 added par. (26). 2008—Par. (25). Pub. L. 110–288 added par. (25). 2005—Par. (24). Pub. L. 109–58 added par. (24). 2000—Pars. (21) to (23). Pub. L. 106–284 added pars. (21)

to (23). 1996—Par. (6)(A). Pub. L. 104–106 substituted ‘‘ ‘sewage

from vessels or a discharge incidental to the normal op-eration of a vessel of the Armed Forces’ ’’ for ‘‘ ‘sewage from vessels’ ’’.

1988—Par. (20). Pub. L. 100–688 added par. (20). 1987—Par. (3). Pub. L. 100–4, § 502(a), inserted ‘‘the

Commonwealth of the Northern Mariana Islands,’’ after ‘‘Samoa,’’.

Par. (14). Pub. L. 100–4, § 503, inserted ‘‘agricultural stormwater discharges and’’ after ‘‘does not include’’.

1977—Par. (14). Pub. L. 95–217 inserted provision that ‘‘point source’’ does not include return flows from irri-gated agriculture.


Amendment by Pub. L. 113–121 effective Oct. 1, 2014, see section 5012(c) of Pub. L. 113–121, set out as a note under section 1292 of this title.





DEFINITION OF ‘‘POINT SOURCE’’

Pub. L. 100–4, title V, § 507, Feb. 4, 1987, 101 Stat. 78, provided that: ‘‘For purposes of the Federal Water Pol-lution Control Act [33 U.S.C. 1251 et seq.], the term ‘point source’ includes a landfill leachate collection system.’’

§ 1363. Water Pollution Control Advisory Board

(a) Establishment; composition; terms of office

(1) There is hereby established in the Environ-mental Protection Agency a Water Pollution Control Advisory Board, composed of the Ad-ministrator or his designee, who shall be Chair-man, and nine members appointed by the Presi-dent, none of whom shall be Federal officers or employees. The appointed members, having due regard for the purposes of this chapter, shall be selected from among representatives of various State, interstate, and local governmental agen-cies, of public or private interests contributing to, affected by, or concerned with pollution, and of other public and private agencies, organiza-tions, or groups demonstrating an active inter-est in the field of pollution prevention and con-trol, as well as other individuals who are expert in this field.

(2)(A) Each member appointed by the Presi-dent shall hold office for a term of three years, except that (i) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (ii) the terms of office of the members first taking office after June 30, 1956, shall ex-pire as follows: three at the end of one year after such date, three at the end of two years after such date, and three at the end of three years after such date, as designated by the President at the time of appointment, and (iii) the term of any member under the preceding provisions shall be extended until the date on which his successor’s appointment is effective. None of the members appointed by the President shall be eli-gible for reappointment within one year after the end of his preceding term.

(B) The members of the Board who are not of-ficers or employees of the United States, while attending conferences or meetings of the Board or while serving at the request of the Adminis-trator, shall be entitled to receive compensation at a rate to be fixed by the Administrator, but not exceeding $100 per diem, including traveltime, and while away from their homes or regu-lar places of business they may be allowed trav-


el expenses, including per diem in lieu of sub-sistence, as authorized by law for persons in the Government service employed intermittently.

(b) Functions

The Board shall advise, consult with, and make recommendations to the Administrator on matters of policy relating to the activities and functions of the Administrator under this chap-ter.

(c) Clerical and technical assistance

Such clerical and technical assistance as may be necessary to discharge the duties of the Board shall be provided from the personnel of the Environmental Protection Agency.

(June 30, 1948, ch. 758, title V, § 503, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 887.)

REFERENCES IN TEXT

Travel expenses, including per diem in lieu of subsist-ence as authorized by law, referred to in subsec. (a)(2)(B), probably means the allowances authorized by section 5703 of Title 5, Government Organization and Employees.

CONTINUATION OF TERM OF OFFICE

Pub. L. 87–88, § 6(c), July 20, 1961, 75 Stat. 207, provided that members of the Water Pollution Control Advisory Board holding office immediately preceding July 20, 1961 were to remain in office as members of the Board as established by section 6(a) of Pub. L. 87–88 until the expiration of the terms of office for which they were originally appointed.

TERMS OF OFFICE OF MEMBERS OF WATER POLLUTION CONTROL ADVISORY BOARD

Act July 9, 1956, ch. 518, § 3, 70 Stat. 507, provided that the terms of office of members of the Water Pollution Control Advisory Board, holding office on July 9, 1956, were to terminate at the close of business on that date.

TERMINATION OF ADVISORY BOARDS

Advisory boards in existence on Jan. 5, 1973, to termi-nate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a board es-tablished by the President or an officer of the Federal Government, such board is renewed by appropriate ac-tion prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its du-ration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organi-zation and Employees.

§ 1364. Emergency powers

(a) Emergency powers

Notwithstanding any other provision of this chapter, the Administrator upon receipt of evi-dence that a pollution source or combination of sources is presenting an imminent and substan-tial endangerment to the health of persons or to the welfare of persons where such endangerment is to the livelihood of such persons, such as in-ability to market shellfish, may bring suit on behalf of the United States in the appropriate district court to immediately restrain any per-son causing or contributing to the alleged pollu-tion to stop the discharge of pollutants causing or contributing to such pollution or to take such other action as may be necessary.

(b) Repealed. Pub. L. 96–510, title III, § 304(a), Dec. 11, 1980, 94 Stat. 2809

(June 30, 1948, ch. 758, title V, § 504, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 888; amended

Pub. L. 95–217, § 69, Dec. 27, 1977, 91 Stat. 1607; Pub. L. 96–510, title III, § 304(a), Dec. 11, 1980, 94 Stat. 2809.)

AMENDMENTS

1980—Subsec. (b). Pub. L. 96–510 struck out subsec. (b) which related to emergency assistance, establishment of an emergency fund, and preparation of a contingency plan for such emergencies.

1977—Pub. L. 95–217 designated existing provisions as subsec. (a) and added subsec. (b).


Amendment by Pub. L. 96–510 effective Dec. 11, 1980, see section 9652 of Title 42, The Public Health and Wel-fare.

§ 1365. Citizen suits

(a) Authorization; jurisdiction

Except as provided in subsection (b) of this section and section 1319(g)(6) of this title, any citizen may commence a civil action on his own behalf—

(1) against any person (including (i) the United States, and (ii) any other govern-mental instrumentality or agency to the ex-tent permitted by the eleventh amendment to the Constitution) who is alleged to be in viola-tion of (A) an effluent standard or limitation under this chapter or (B) an order issued by the Administrator or a State with respect to such a standard or limitation, or

(2) against the Administrator where there is alleged a failure of the Administrator to per-form any act or duty under this chapter which is not discretionary with the Administrator.

The district courts shall have jurisdiction, with-out regard to the amount in controversy or the citizenship of the parties, to enforce such an ef-fluent standard or limitation, or such an order, or to order the Administrator to perform such act or duty, as the case may be, and to apply any appropriate civil penalties under section 1319(d) of this title.

(b) Notice

No action may be commenced— (1) under subsection (a)(1) of this section—

(A) prior to sixty days after the plaintiff has given notice of the alleged violation (i) to the Administrator, (ii) to the State in which the alleged violation occurs, and (iii) to any alleged violator of the standard, limi-tation, or order, or

(B) if the Administrator or State has com-menced and is diligently prosecuting a civil or criminal action in a court of the United States, or a State to require compliance with the standard, limitation, or order, but in any such action in a court of the United States any citizen may intervene as a mat-ter of right.

(2) under subsection (a)(2) of this section prior to sixty days after the plaintiff has given notice of such action to the Administrator,

except that such action may be brought imme-diately after such notification in the case of an action under this section respecting a violation of sections 1316 and 1317(a) of this title. Notice under this subsection shall be given in such


1 So in original.

manner as the Administrator shall prescribe by regulation.

(c) Venue; intervention by Administrator; United States interests protected

(1) Any action respecting a violation by a dis-charge source of an effluent standard or limita-tion or an order respecting such standard or lim-itation may be brought under this section only in the judicial district in which such source is located.

(2) In such action under this section, the Ad-ministrator, if not a party, may intervene as a matter of right.

(3) PROTECTION OF INTERESTS OF UNITED STATES.—Whenever any action is brought under this section in a court of the United States, the plaintiff shall serve a copy of the complaint on the Attorney General and the Administrator. No consent judgment shall be entered in an action in which the United States is not a party prior to 45 days following the receipt of a copy of the proposed consent judgment by the Attorney General and the Administrator.

(d) Litigation costs

The court, in issuing any final order in any ac-tion brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any prevail-ing or substantially prevailing party, whenever the court determines such award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accord-ance with the Federal Rules of Civil Procedure.

(e) Statutory or common law rights not re-stricted

Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek en-forcement of any effluent standard or limitation or to seek any other relief (including relief against the Administrator or a State agency).

(f) Effluent standard or limitation

For purposes of this section, the term ‘‘efflu-ent standard or limitation under this chapter’’ means (1) effective July 1, 1973, an unlawful act under subsection (a) of section 1311 of this title; (2) an effluent limitation or other limitation under section 1311 or 1312 of this title; (3) stand-ard of performance under section 1316 of this title; (4) prohibition, effluent standard or pre-treatment standards under section 1317 of this title; (5) certification under section 1341 of this title; (6) a permit or condition thereof issued under section 1342 of this title, which is in effect under this chapter (including a requirement ap-plicable by reason of section 1323 of this title); or (7) a regulation under section 1345(d) of this title,.1

(g) ‘‘Citizen’’ defined

For the purposes of this section the term ‘‘cit-izen’’ means a person or persons having an inter-est which is or may be adversely affected.

(h) Civil action by State Governors

A Governor of a State may commence a civil action under subsection (a), without regard to

the limitations of subsection (b) of this section, against the Administrator where there is alleged a failure of the Administrator to enforce an ef-fluent standard or limitation under this chapter the violation of which is occurring in another State and is causing an adverse effect on the public health or welfare in his State, or is caus-ing a violation of any water quality requirement in his State.

(June 30, 1948, ch. 758, title V, § 505, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 888; amended Pub. L. 100–4, title III, § 314(c), title IV, § 406(d)(2), title V, §§ 504, 505(c), Feb. 4, 1987, 101 Stat. 49, 73, 75, 76.)

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec. (d), are set out in the Appendix to Title 28, Ju-diciary and Judicial Procedure.

AMENDMENTS

1987—Subsec. (a). Pub. L. 100–4, § 314(c), inserted ‘‘and section 1319(g)(6) of this title’’ after ‘‘subsection (b) of this section’’ in introductory text.

Subsec. (c)(3). Pub. L. 100–4, § 504, added par. (3). Subsec. (d). Pub. L. 100–4, § 505(c), inserted ‘‘prevailing

or substantially prevailing’’ before ‘‘party’’. Subsec. (f). Pub. L. 100–4, § 406(d)(2), added cl. (7).

§ 1366. Appearance

The Administrator shall request the Attorney General to appear and represent the United States in any civil or criminal action instituted under this chapter to which the Administrator is a party. Unless the Attorney General notifies the Administrator within a reasonable time, that he will appear in a civil action, attorneys who are officers or employees of the Environ-mental Protection Agency shall appear and rep-resent the United States in such action.


§ 1367. Employee protection

(a) Discrimination against persons filing, insti-tuting, or testifying in proceedings under this chapter prohibited

No person shall fire, or in any other way dis-criminate against, or cause to be fired or dis-criminated against, any employee or any au-thorized representative of employees by reason of the fact that such employee or representative has filed, instituted, or caused to be filed or in-stituted any proceeding under this chapter, or has testified or is about to testify in any pro-ceeding resulting from the administration or en-forcement of the provisions of this chapter.

(b) Application for review; investigation; hear-ing; review

Any employee or a representative of employ-ees who believes that he has been fired or other-wise discriminated against by any person in vio-lation of subsection (a) of this section may, within thirty days after such alleged violation occurs, apply to the Secretary of Labor for a re-view of such firing or alleged discrimination. A copy of the application shall be sent to such per-son who shall be the respondent. Upon receipt of such application, the Secretary of Labor shall cause such investigation to be made as he deems


appropriate. Such investigation shall provide an opportunity for a public hearing at the request of any party to such review to enable the parties to present information relating to such alleged violation. The parties shall be given written no-tice of the time and place of the hearing at least five days prior to the hearing. Any such hearing shall be of record and shall be subject to section 554 of title 5. Upon receiving the report of such investigation, the Secretary of Labor shall make findings of fact. If he finds that such vio-lation did occur, he shall issue a decision, incor-porating an order therein and his findings, re-quiring the party committing such violation to take such affirmative action to abate the viola-tion as the Secretary of Labor deems appro-priate, including, but not limited to, the rehir-ing or reinstatement of the employee or rep-resentative of employees to his former position with compensation. If he finds that there was no such violation, he shall issue an order denying the application. Such order issued by the Sec-retary of Labor under this subparagraph shall be subject to judicial review in the same manner as orders and decisions of the Administrator are subject to judicial review under this chapter.

(c) Costs and expenses

Whenever an order is issued under this section to abate such violation, at the request of the ap-plicant, a sum equal to the aggregate amount of all costs and expenses (including the attorney’s fees), as determined by the Secretary of Labor, to have been reasonably incurred by the appli-cant for, or in connection with, the institution and prosecution of such proceedings, shall be as-sessed against the person committing such vio-lation.

(d) Deliberate violations by employee acting without direction from his employer or his agent

This section shall have no application to any employee who, acting without direction from his employer (or his agent) deliberately violates any prohibition of effluent limitation or other limi-tation under section 1311 or 1312 of this title, standards of performance under section 1316 of this title, effluent standard, prohibition or pre-treatment standard under section 1317 of this title, or any other prohibition or limitation es-tablished under this chapter.

(e) Investigations of employment reductions

The Administrator shall conduct continuing evaluations of potential loss or shifts of employ-ment which may result from the issuance of any effluent limitation or order under this chapter, including, where appropriate, investigating threatened plant closures or reductions in em-ployment allegedly resulting from such limita-tion or order. Any employee who is discharged or laid-off, threatened with discharge or lay-off, or otherwise discriminated against by any per-son because of the alleged results of any effluent limitation or order issued under this chapter, or any representative of such employee, may re-quest the Administrator to conduct a full inves-tigation of the matter. The Administrator shall thereupon investigate the matter and, at the re-quest of any party, shall hold public hearings on not less than five days notice, and shall at such

hearings require the parties, including the em-ployer involved, to present information relating to the actual or potential effect of such limita-tion or order on employment and on any alleged discharge, lay-off, or other discrimination and the detailed reasons or justification therefor. Any such hearing shall be of record and shall be subject to section 554 of title 5. Upon receiving the report of such investigation, the Adminis-trator shall make findings of fact as to the ef-fect of such effluent limitation or order on em-ployment and on the alleged discharge, lay-off, or discrimination and shall make such recom-mendations as he deems appropriate. Such re-port, findings, and recommendations shall be available to the public. Nothing in this sub-section shall be construed to require or author-ize the Administrator to modify or withdraw any effluent limitation or order issued under this chapter.


§ 1368. Federal procurement

(a) Contracts with violators prohibited

No Federal agency may enter into any con-tract with any person, who has been convicted of any offense under section 1319(c) of this title, for the procurement of goods, materials, and serv-ices if such contract is to be performed at any facility at which the violation which gave rise to such conviction occurred, and if such facility is owned, leased, or supervised by such person. The prohibition in the preceding sentence shall continue until the Administrator certifies that the condition giving rise to such conviction has been corrected.

(b) Notification of agencies

The Administrator shall establish procedures to provide all Federal agencies with the notifi-cation necessary for the purposes of subsection (a) of this section.

(c) Omitted

(d) Exemptions

The President may exempt any contract, loan, or grant from all or part of the provisions of this section where he determines such exemption is necessary in the paramount interest of the United States and he shall notify the Congress of such exemption.

(e) Annual report to Congress

The President shall annually report to the Congress on measures taken in compliance with the purpose and intent of this section, including, but not limited to, the progress and problems associated with such compliance.

(f) Contractor certification or contract clause in acquisition of commercial items

(1) No certification by a contractor, and no contract clause, may be required in the case of a contract for the acquisition of commercial items in order to implement a prohibition or re-quirement of this section or a prohibition or re-quirement issued in the implementation of this section.

(2) In paragraph (1), the term ‘‘commercial item’’ has the meaning given such term in sec-tion 103 of title 41.


(June 30, 1948, ch. 758, title V, § 508, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 891; amended Pub. L. 103–355, title VIII, § 8301(a), Oct. 13, 1994, 108 Stat. 3396.)

CODIFICATION

Subsec. (c) of this section authorized the President to cause to be issued, not more than 180 days after October 18, 1972, an order (1) requiring each Federal agency au-thorized to enter into contracts or to extend Federal assistance by way of grant, loan, or contract, to effec-tuate the purpose and policy of this chapter, and (2) setting forth procedures, sanctions and penalties as the President determines necessary to carry out such re-quirement.

In subsec. (f)(2), ‘‘section 103 of title 41’’ substituted for ‘‘section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act en-acted Title 41, Public Contracts.

AMENDMENTS

1994—Subsec. (f). Pub. L. 103–355 added subsec. (f).


For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 2302 of Title 10, Armed Forces.

ADMINISTRATION OF CHAPTER WITH RESPECT TO FEDERAL CONTRACTS, GRANTS, OR LOANS

For provisions concerning the administration of this chapter with respect to Federal contracts, grants, or loans, see Ex. Ord. No. 11738, Sept. 10, 1973, 38 F.R. 25161, set out as a note under section 7606 of Title 42, The Public Health and Welfare.

§ 1369. Administrative procedure and judicial re-view

(a) Subpenas

(1) For purposes of obtaining information under section 1315 of this title, or carrying out section 1367(e) of this title, the Administrator may issue subpenas for the attendance and testi-mony of witnesses and the production of rel-evant papers, books, and documents, and he may administer oaths. Except for effluent data, upon a showing satisfactory to the Administrator that such papers, books, documents, or informa-tion or particular part thereof, if made public, would divulge trade secrets or secret processes, the Administrator shall consider such record, report, or information or particular portion thereof confidential in accordance with the pur-poses of section 1905 of title 18, except that such paper, book, document, or information may be disclosed to other officers, employees, or author-ized representatives of the United States con-cerned with carrying out this chapter, or when relevant in any proceeding under this chapter. Witnesses summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of contu-macy or refusal to obey a subpena served upon any person under this subsection, the district court of the United States for any district in which such person is found or resides or trans-acts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Administrator, to appear and produce pa-

pers, books, and documents before the Adminis-trator, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.

(2) The district courts of the United States are authorized, upon application by the Adminis-trator, to issue subpenas for attendance and tes-timony of witnesses and the production of rel-evant papers, books, and documents, for pur-poses of obtaining information under sections 1314(b) and (c) of this title. Any papers, books, documents, or other information or part thereof, obtained by reason of such a subpena shall be subject to the same requirements as are pro-vided in paragraph (1) of this subsection.

(b) Review of Administrator’s actions; selection of court; fees

(1) Review of the Administrator’s action (A) in promulgating any standard of performance under section 1316 of this title, (B) in making any determination pursuant to section 1316(b)(1)(C) of this title, (C) in promulgating any effluent standard, prohibition, or pre-treatment standard under section 1317 of this title, (D) in making any determination as to a State permit program submitted under section 1342(b) of this title, (E) in approving or promul-gating any effluent limitation or other limita-tion under section 1311, 1312, 1316, or 1345 of this title, (F) in issuing or denying any permit under section 1342 of this title, and (G) in promulgat-ing any individual control strategy under sec-tion 1314(l) of this title, may be had by any in-terested person in the Circuit Court of Appeals of the United States for the Federal judicial dis-trict in which such person resides or transacts business which is directly affected by such ac-tion upon application by such person. Any such application shall be made within 120 days from the date of such determination, approval, pro-mulgation, issuance or denial, or after such date only if such application is based solely on grounds which arose after such 120th day.

(2) Action of the Administrator with respect to which review could have been obtained under paragraph (1) of this subsection shall not be sub-ject to judicial review in any civil or criminal proceeding for enforcement.

(3) AWARD OF FEES.—In any judicial proceeding under this subsection, the court may award costs of litigation (including reasonable attor-ney and expert witness fees) to any prevailing or substantially prevailing party whenever it de-termines that such award is appropriate.

(c) Additional evidence

In any judicial proceeding brought under sub-section (b) of this section in which review is sought of a determination under this chapter re-quired to be made on the record after notice and opportunity for hearing, if any party applies to the court for leave to adduce additional evi-dence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the fail-ure to adduce such evidence in the proceeding before the Administrator, the court may order such additional evidence (and evidence in rebut-tal thereof) to be taken before the Adminis-trator, in such manner and upon such terms and conditions as the court may deem proper. The


Administrator may modify his findings as to the facts, or make new findings, by reason of the ad-ditional evidence so taken and he shall file such modified or new findings, and his recommenda-tion, if any, for the modification or setting aside of his original determination, with the return of such additional evidence.

(June 30, 1948, ch. 758, title V, § 509, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 891; amended Pub. L. 93–207, § 1(6), Dec. 28, 1973, 87 Stat. 906; Pub. L. 100–4, title III, § 308(b), title IV, § 406(d)(3), title V, § 505(a), (b), Feb. 4, 1987, 101 Stat. 39, 73, 75; Pub. L. 100–236, § 2, Jan. 8, 1988, 101 Stat. 1732.)

AMENDMENTS

1988—Subsec. (b)(3), (4). Pub. L. 100–236 redesignated par. (4) as (3) and struck out former par. (3) relating to venue, which provided for selection procedure in sub-par. (A), administrative provisions in subpar. (B), and transfers in subpar. (C).

1987—Subsec. (b)(1). Pub. L. 100–4, §§ 308(b), 406(d)(3), 505(a), substituted ‘‘transacts business which is directly affected by such action’’ for ‘‘transacts such business’’, ‘‘120’’ for ‘‘ninety’’, and ‘‘120th’’ for ‘‘ninetieth’’, sub-stituted ‘‘1316, or 1345 of this title’’ for ‘‘or 1316 of this title’’ in cl. (E), and added cl. (G).

Subsec. (b)(3), (4). Pub. L. 100–4, § 505(b), added pars. (3) and (4).

1973—Subsec. (b)(1)(C). Pub. L. 93–207 substituted ‘‘pretreatment’’ for ‘‘treatment’’.


Amendment by Pub. L. 100–236 effective 180 days after Jan. 8, 1988, see section 3 of Pub. L. 100–236, set out as a note under section 2112 of Title 28, Judiciary and Ju-dicial Procedure.

§ 1370. State authority

Except as expressly provided in this chapter, nothing in this chapter shall (1) preclude or deny the right of any State or political subdivi-sion thereof or interstate agency to adopt or en-force (A) any standard or limitation respecting discharges of pollutants, or (B) any requirement respecting control or abatement of pollution; ex-cept that if an effluent limitation, or other limi-tation, effluent standard, prohibition, pre-treatment standard, or standard of performance is in effect under this chapter, such State or po-litical subdivision or interstate agency may not adopt or enforce any effluent limitation, or other limitation, effluent standard, prohibition, pretreatment standard, or standard of perform-ance which is less stringent than the effluent limitation, or other limitation, effluent stand-ard, prohibition, pretreatment standard, or standard of performance under this chapter; or (2) be construed as impairing or in any manner affecting any right or jurisdiction of the States with respect to the waters (including boundary waters) of such States.


§ 1371. Authority under other laws and regula-tions

(a) Impairment of authority or functions of offi-cials and agencies; treaty provisions

This chapter shall not be construed as (1) lim-iting the authority or functions of any officer or

agency of the United States under any other law or regulation not inconsistent with this chapter; (2) affecting or impairing the authority of the Secretary of the Army (A) to maintain naviga-tion or (B) under the Act of March 3, 1899, (30 Stat. 1112); except that any permit issued under section 1344 of this title shall be conclusive as to the effect on water quality of any discharge re-sulting from any activity subject to section 403 of this title, or (3) affecting or impairing the provisions of any treaty of the United States.

(b) Discharges of pollutants into navigable wa-ters

Discharges of pollutants into the navigable waters subject to the Rivers and Harbors Act of 1910 (36 Stat. 593; 33 U.S.C. 421) and the Super-visory Harbors Act of 1888 (25 Stat. 209; 33 U.S.C. 441–451b) shall be regulated pursuant to this chapter, and not subject to such Act of 1910 and the Act of 1888 except as to effect on navigation and anchorage.

(c) Action of the Administrator deemed major Federal action; construction of the National Environmental Policy Act of 1969

(1) Except for the provision of Federal finan-cial assistance for the purpose of assisting the construction of publicly owned treatment works as authorized by section 1281 of this title, and the issuance of a permit under section 1342 of this title for the discharge of any pollutant by a new source as defined in section 1316 of this title, no action of the Administrator taken pur-suant to this chapter shall be deemed a major Federal action significantly affecting the qual-ity of the human environment within the mean-ing of the National Environmental Policy Act of 1969 (83 Stat. 852) [42 U.S.C. 4321 et seq.]; and

(2) Nothing in the National Environmental Policy Act of 1969 (83 Stat. 852) shall be deemed to—

(A) authorize any Federal agency authorized to license or permit the conduct of any activ-ity which may result in the discharge of a pol-lutant into the navigable waters to review any effluent limitation or other requirement es-tablished pursuant to this chapter or the ade-quacy of any certification under section 1341 of this title; or

(B) authorize any such agency to impose, as a condition precedent to the issuance of any license or permit, any effluent limitation other than any such limitation established pursuant to this chapter.

(d) Consideration of international water pollu-tion control agreements

Notwithstanding this chapter or any other provision of law, the Administrator (1) shall not require any State to consider in the develop-ment of the ranking in order of priority of needs for the construction of treatment works (as de-fined in subchapter II of this chapter), any water pollution control agreement which may have been entered into between the United States and any other nation, and (2) shall not consider any such agreement in the approval of any such pri-ority ranking.

(June 30, 1948, ch. 758, title V, § 511, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 893; amended Pub. L. 93–243, § 3, Jan. 2, 1974, 87 Stat. 1069.)


1 So in original. Probably should be ‘‘section,’’.

REFERENCES IN TEXT

Act of March 3, 1899, referred to in subsec. (a), is act Mar. 3, 1899, ch. 425, 30 Stat. 1121, as amended, which en-acted sections 401, 403, 404, 406, 407, 408, 409, 411 to 416, 418, 502, 549, and 687 of this title and amended section 686 of this title. For complete classification of this Act to the Code, see Tables.

The Rivers and Harbors Act of 1910, referred to in sub-sec. (b), probably means act June 23, 1910, ch. 359, 36 Stat. 593.

The Supervisory Harbors Act of 1888, referred to in subsec. (b), probably means act June 29, 1888, ch. 496, 25 Stat. 209, as amended, which is classified generally to subchapter III (§ 441 et seq.) of chapter 9 of this title. For complete classification of this Act to the Code, see Tables.

The National Environmental Policy Act of 1969, re-ferred to in subsec. (c), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

AMENDMENTS

1974—Subsec. (d). Pub. L. 93–243 added subsec. (d).

§ 1372. Labor standards

The Administrator shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors or sub-contractors on treatment works for which grants are made under this chapter shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor, in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to the labor standards specified in this subsection,1 the au-thority and functions set forth in Reorganiza-tion Plan Numbered 14 of 1950 (15 F.R. 3176) and section 3145 of title 40.


REFERENCES IN TEXT

Reorganization Plan Numbered 14 of 1950, referred to in text, is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appen-dix to Title 5, Government Organization and Employ-ees.

CODIFICATION

In text, ‘‘sections 3141–3144, 3146, and 3147 of title 40’’ substituted for ‘‘the Act of March 3, 1931, as amended, known as the Davis-Bacon Act (46 Stat. 1494; 40 U.S.C., sec. 276a through 276a–5)’’ and ‘‘section 3145 of title 40’’ substituted for ‘‘section 2 of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276c)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Build-ings, Property, and Works.

APPLICABILITY OF LABOR STANDARDS TO CONSTRUCTION OF TREATMENT WORKS

Pub. L. 112–74, div. E, title II, Dec. 23, 2011, 125 Stat. 1020, provided in part that: ‘‘For fiscal year 2012 and each fiscal year thereafter, the requirements of section 513 of the Federal Water Pollution Control Act (33 U.S.C. 1372) shall apply to the construction of treat-ment works carried out in whole or in part with assist-ance made available by a State water pollution control

revolving fund as authorized by title VI of that Act (33 U.S.C. 1381 et seq.), or with assistance made available under section 205(m) of that Act (33 U.S.C. 1285(m)), or both.’’

§ 1373. Public health agency coordination

The permitting agency under section 1342 of this title shall assist the applicant for a permit under such section in coordinating the require-ments of this chapter with those of the appro-priate public health agencies.


§ 1374. Effluent Standards and Water Quality In-formation Advisory Committee

(a) Establishment; membership; term

(1) There is established an Effluent Standards and Water Quality Information Advisory Com-mittee, which shall be composed of a Chairman and eight members who shall be appointed by the Administrator within sixty days after Octo-ber 18, 1972.

(2) All members of the Committee shall be se-lected from the scientific community, qualified by education, training, and experience to pro-vide, assess, and evaluate scientific and tech-nical information on effluent standards and lim-itations.

(3) Members of the Committee shall serve for a term of four years, and may be reappointed.

(b) Action on proposed regulations

(1) No later than one hundred and eighty days prior to the date on which the Administrator is required to publish any proposed regulations re-quired by section 1314(b) of this title, any pro-posed standard of performance for new sources required by section 1316 of this title, or any pro-posed toxic effluent standard required by section 1317 of this title, he shall transmit to the Com-mittee a notice of intent to propose such regula-tions. The Chairman of the Committee within ten days after receipt of such notice may pub-lish a notice of a public hearing by the Commit-tee, to be held within thirty days.

(2) No later than one hundred and twenty days after receipt of such notice, the Committee shall transmit to the Administrator such scientific and technical information as is in its possession, including that presented at any public hearing, related to the subject matter contained in such notice.

(3) Information so transmitted to the Adminis-trator shall constitute a part of the administra-tive record and comments on any proposed regu-lations or standards as information to be consid-ered with other comments and information in making any final determinations.

(4) In preparing information for transmittal, the Committee shall avail itself of the technical and scientific services of any Federal agency, in-cluding the United States Geological Survey and any national environmental laboratories which may be established.

(c) Secretary; legal counsel; compensation

(1) The Committee shall appoint and prescribe the duties of a Secretary, and such legal counsel as it deems necessary. The Committee shall ap-point such other employees as it deems nec-


essary to exercise and fulfill its powers and re-sponsibilities. The compensation of all employ-ees appointed by the Committee shall be fixed in accordance with chapter 51 and subchapter III of chapter 53 of title 5.

(2) Members of the Committee shall be enti-tled to receive compensation at a rate to be fixed by the President but not in excess of the maximum rate of pay for grade GS–18, as pro-vided in the General Schedule under section 5332 of title 5.

(d) Quorum; special panel

Five members of the Committee shall con-stitute a quorum, and official actions of the Committee shall be taken only on the affirma-tive vote of at least five members. A special panel composed of one or more members upon order of the Committee shall conduct any hear-ing authorized by this section and submit the transcript of such hearing to the entire Commit-tee for its action thereon.

(e) Rules

The Committee is authorized to make such rules as are necessary for the orderly trans-action of its business.


TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Govern-ment Organization and Employees.



§ 1375. Reports to Congress; detailed estimates and comprehensive study on costs; State esti-mates

(a) Implementation of chapter objectives; status and progress of programs

Within ninety days following the convening of each session of Congress, the Administrator shall submit to the Congress a report, in addi-tion to any other report required by this chap-ter, on measures taken toward implementing the objective of this chapter, including, but not limited to, (1) the progress and problems associ-ated with developing comprehensive plans under section 1252 of this title, areawide plans under section 1288 of this title, basin plans under sec-tion 1289 of this title, and plans under section 1313(e) of this title; (2) a summary of actions taken and results achieved in the field of water pollution control research, experiments, studies, and related matters by the Administrator and

other Federal agencies and by other persons and agencies under Federal grants or contracts; (3) the progress and problems associated with the development of effluent limitations and rec-ommended control techniques; (4) the status of State programs,including a detailed summary of the progress obtained as compared to that planned under State program plans for develop-ment and enforcement of water quality require-ments; (5) the identification and status of en-forcement actions pending or completed under this chapter during the preceding year; (6) the status of State, interstate, and local pollution control programs established pursuant to, and assisted by, this chapter; (7) a summary of the results of the survey required to be taken under section 1290 of this title; (8) his activities includ-ing recommendations under sections 1259 through 1261 of this title; and (9) all reports and recommendations made by the Water Pollution Control Advisory Board.

(b) Detailed estimates and comprehensive study on costs; State estimates, survey form

(1) The Administrator, in cooperation with the States, including water pollution control agen-cies and other water pollution control planning agencies, shall make (A) a detailed estimate of the cost of carrying out the provisions of this chapter; (B) a detailed estimate, biennially re-vised, of the cost of construction of all needed publicly owned treatment works in all of the States and of the cost of construction of all needed publicly owned treatment works in each of the States; (C) a comprehensive study of the economic impact on affected units of govern-ment of the cost of installation of treatment fa-cilities; and (D) a comprehensive analysis of the national requirements for and the cost of treat-ing municipal, industrial, and other effluent to attain the water quality objectives as estab-lished by this chapter or applicable State law. The Administrator shall submit such detailed estimate and such comprehensive study of such cost to the Congress no later than February 10 of each odd-numbered year. Whenever the Ad-ministrator, pursuant to this subsection, re-quests and receives an estimate of cost from a State, he shall furnish copies of such estimate together with such detailed estimate to Con-gress.

(2) Notwithstanding the second sentence of paragraph (1) of this subsection, the Adminis-trator shall make a preliminary detailed esti-mate called for by subparagraph (B) of such paragraph and shall submit such preliminary de-tailed estimate to the Congress no later than September 3, 1974. The Administrator shall re-quire each State to prepare an estimate of cost for such State, and shall utilize the survey form EPA–1, O.M.B. No. 158–R0017, prepared for the 1973 detailed estimate, except that such esti-mate shall include all costs of compliance with section 1281(g)(2)(A) of this title and water qual-ity standards established pursuant to section 1313 of this title, and all costs of treatment works as defined in section 1292(2) of this title, including all eligible costs of constructing sew-age collection systems and correcting excessive infiltration or inflow and all eligible costs of correcting combined storm and sanitary sewer


problems and treating storm water flows. The survey form shall be distributed by the Adminis-trator to each State no later than January 31, 1974.

(c) Status of combined sewer overflows in munic-ipal treatment works operations

The Administrator shall submit to the Con-gress by October 1, 1978, a report on the status of combined sewer overflows in municipal treat-ment works operations. The report shall include (1) the status of any projects funded under this chapter to address combined sewer overflows (2) a listing by State of combined sewer overflow needs identified in the 1977 State priority list-ings, (3) an estimate for each applicable munici-pality of the number of years necessary, assum-ing an annual authorization and appropriation for the construction grants program of $5,000,000,000, to correct combined sewer over-flow problems, (4) an analysis using representa-tive municipalities faced with major combined sewer overflow needs, of the annual discharges of pollutants from overflows in comparison to treated effluent discharges, (5) an analysis of the technological alternatives available to munici-palities to correct major combined sewer over-flow problems, and (6) any recommendations of the Administrator for legislation to address the problem of combined sewer overflows, including whether a separate authorization and grant pro-gram should be established by the Congress to address combined sewer overflows.

(d) Legislative recommendations on program re-quiring coordination between water supply and wastewater control plans as condition for construction grants; public hearing

The Administrator, in cooperation with the States, including water pollution control agen-cies, and other water pollution control planning agencies, and water supply and water resources agencies of the States and the United States shall submit to Congress, within two years of December 27, 1977, a report with recommenda-tions for legislation on a program to require co-ordination between water supply and waste-water control plans as a condition to grants for construction of treatment works under this chapter. No such report shall be submitted ex-cept after opportunity for public hearings on such proposed report.

(e) State revolving fund report

(1) In general

Not later than February 10, 1990, the Admin-istrator shall submit to Congress a report on the financial status and operations of water pollution control revolving funds established by the States under subchapter VI of this chapter. The Administrator shall prepare such report in cooperation with the States, includ-ing water pollution control agencies and other water pollution control planning and financ-ing agencies.

(2) Contents

The report under this subsection shall also include the following:

(A) an inventory of the facilities that are in significant noncompliance with the en-forceable requirements of this chapter;

(B) an estimate of the cost of construction necessary to bring such facilities into com-pliance with such requirements;

(C) an assessment of the availability of sources of funds for financing such needed construction, including an estimate of the amount of funds available for providing as-sistance for such construction through Sep-tember 30, 1999, from the water pollution control revolving funds established by the States under subchapter VI of this chapter;

(D) an assessment of the operations, loan portfolio, and loan conditions of such revolv-ing funds;

(E) an assessment of the effect on user charges of the assistance provided by such revolving funds compared to the assistance provided with funds appropriated pursuant to section 1287 of this title; and

(F) an assessment of the efficiency of the operation and maintenance of treatment works constructed with assistance provided by such revolving funds compared to the ef-ficiency of the operation and maintenance of treatment works constructed with assist-ance provided under section 1281 of this title.

(June 30, 1948, ch. 758, title V, § 516, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 895; amended Pub. L. 93–243, § 4, Jan. 2, 1974, 87 Stat. 1069; Pub. L. 95–217, §§ 70–72, Dec. 27, 1977, 91 Stat. 1608, 1609; Pub. L. 100–4, title II, § 212(c), Feb. 4, 1987, 101 Stat. 27; Pub. L. 104–66, title II, § 2021(d), Dec. 21, 1995, 109 Stat. 727; Pub. L. 105–362, title V, § 501(d)(1), Nov. 10, 1998, 112 Stat. 3283; Pub. L. 107–303, title III, § 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)

AMENDMENTS

2002—Subsecs. (a) to (e). Pub. L. 107–303 repealed Pub. L. 105–362, § 501(d)(1). See 1998 Amendment notes below.

1998—Subsec. (a). Pub. L. 105–362, § 501(d)(1)(A), which directed the striking out of subsec. (a), was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below.

Subsec. (b). Pub. L. 105–362, § 501(d), which directed the striking out of par. (1) designation, redesignation of subpars. (A) to (D) as pars. (1) to (4), respectively, and striking out of par. (2), was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below.

Subsecs. (c) to (e). Pub. L. 105–362, § 501(d)(1)(A), which directed the striking out of subsecs. (c) to (e), was re-pealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below.

1995—Subsecs. (d), (e), (g). Pub. L. 104–66 redesignated subsecs. (e) and (g) as (d) and (e), respectively, and struck out former subsec. (d) which related to status reports on the use of municipal secondary effluent and sludge for agricultural and other purposes that utilize the nutrient value of treated wastewater effluent.

1987—Subsec. (g). Pub. L. 100–4 added subsec. (g). 1977—Subsecs. (c) to (e). Pub. L. 95–217 added subsecs.

(c) to (e). 1974—Subsec. (b). Pub. L. 93–243 designated existing

paragraph as par. (1) and cls. (1) to (4) as (A) to (D), and added par. (2).




STUDIES AND REPORTS

Pub. L. 100–4, title III, § 308(g), Feb. 4, 1987, 101 Stat. 40, directed Administrator to conduct a water quality improvement study and report results of such study to specified Congressional committees not later than 2 years after Feb. 4, 1987.

Pub. L. 100–4, title III, § 314(b), Feb. 4, 1987, 101 Stat. 49, directed Secretary of the Army and Administrator to each prepare a report on enforcement mechanisms and to submit the reports to Congress not later than Dec. 1, 1988.

Pub. L. 100–4, title IV, § 404(c), Feb. 4, 1987, 101 Stat. 69, directed Administrator to study extent to which States have adopted water quality standards in accord-ance with section 1313a of this title and extent to which modifications of permits issued under section 1342(a)(1)(B) of this title for the purpose of reflecting revisions of water quality standards be encouraged and to submit a report on such study to Congress not later than 2 years after Feb. 4, 1987, prior to repeal by Pub. L. 104–66, title II, § 2021(e)(1), Dec. 21, 1995, 109 Stat. 727.

Pub. L. 100–4, title V, § 516, Feb. 4, 1987, 101 Stat. 86, directed Administrator to conduct a study of de mini-mis discharges and report results of such study to spec-ified Congressional committees not later than 1 year after Feb. 4, 1987.

Pub. L. 100–4, title V, § 517, Feb. 4, 1987, 101 Stat. 86, directed Administrator to conduct a study of effective-ness of innovative and alternative wastewater proc-esses and techniques and report results of such study to specified Congressional committees not later than 1 year after Feb. 4, 1987.

Pub. L. 100–4, title V, § 518, Feb. 4, 1987, 101 Stat. 86, directed Administrator to conduct a study of testing procedures established under section 1314(h) of this title for analysis of pollutants and report results of such study to specified Congressional committees not later than 1 year after Feb. 4, 1987.

Pub. L. 100–4, title V, § 519, Feb. 4, 1987, 101 Stat. 87, directed Administrator to conduct a study of pre-treatment of toxic pollutants and report results of such study to specified Congressional committees not later than 4 years after Feb. 4, 1987.

Pub. L. 100–4, title V, § 520, Feb. 4, 1987, 101 Stat. 87, directed Administrator, in conjunction with State and local agencies, to conduct studies of water pollution problems in aquifers and report result of such studies to Congress not later than 2 years after Feb. 4, 1987.

Pub. L. 100–4, title V, § 522, Feb. 4, 1987, 101 Stat. 88, directed Administrator to conduct a study on sulfide corrosion in collection and treatment systems and re-port results of such study to specified Congressional committees not later than 1 year after Feb. 4, 1987.

Pub. L. 100–4, title V, § 523, Feb. 4, 1987, 101 Stat. 89, directed Administrator to conduct a study of rainfall induced infiltration into sewer systems and report re-sults of such study to Congress not later than 1 year after Feb. 4, 1987.

Pub. L. 100–4, title V, § 524, Feb. 4, 1987, 101 Stat. 89, directed Administrator to conduct a study of dam water quality and report results of such study to Con-gress not later than Dec. 31, 1987.

Pub. L. 100–4, title V, § 525, Feb. 4, 1987, 101 Stat. 89, directed Administrator to conduct a study of pollution in Lake Pend Oreille, Idaho, and the Clark Fork River and its tributaries, Idaho, Montana, and Washington, and to report to Congress findings and recommenda-tions.

DETAILED ESTIMATES, COMPREHENSIVE STUDY, AND COMPREHENSIVE ANALYSIS; REPORT TO CONGRESS NOT LATER THAN DECEMBER 31, 1982

Pub. L. 97–117, § 25, Dec. 29, 1981, 95 Stat. 1633, provided that the Administrator of the Environmental Protec-tion Agency submit to the Congress, not later than De-cember 31, 1982, a report containing the detailed esti-mates, comprehensive study, and comprehensive analy-sis required by section 1375(b) of this title, including an estimate of the total cost and the amount of Federal

funds necessary for the construction of needed publicly owned treatment facilities, such report to reflect the changes made in the Federal water pollution control program by Pub. L. 97–117 [see Short Title of 1981 Amendment note set out under section 1251 of this title]. The Administrator was to give emphasis to the effects of the amendment made by section 2(a) of Pub. L. 97–117 [amending section 1281(g)(1) of this title] in addressing water quality needs adequately and appro-priately.

STUDY AND REPORT TO CONGRESS BY SECRETARY OF THE INTERIOR OF FINANCING WATER POLLUTION PRE-VENTION, CONTROL, AND ABATEMENT PROGRAMS

Pub. L. 91–224, title I, § 109, Apr. 3, 1970, 34 Stat. 113, directed the Secretary of the Interior to conduct a full and complete investigation and study of the feasibility of all methods of financing the cost of preventing, con-trolling, and abating water pollution, other than meth-ods authorized by existing law, with results of such in-vestigation and study to be reported to Congress no later than Dec. 31, 1970, together with the recommenda-tions of the Secretary for financing the programs for preventing, controlling, and abating water pollution for the fiscal years beginning after fiscal year 1971, includ-ing any necessary legislation.

TERMINATION OF ADVISORY BOARDS

Advisory boards in existence on Jan. 5, 1973, to termi-nate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a board es-tablished by the President or an officer of the Federal Government, such board is renewed by appropriate ac-tion prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its du-ration is otherwise provided by law, see sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organiza-tion and Employees.

§ 1375a. Report on coastal recreation waters

(a) In general

Not later than 4 years after October 10, 2000, and every 4 years thereafter, the Administrator of the Environmental Protection Agency shall submit to Congress a report that includes—

(1) recommendations concerning the need for additional water quality criteria for pathogens and pathogen indicators and other actions that should be taken to improve the quality of coastal recreation waters;

(2) an evaluation of Federal, State, and local efforts to implement this Act, including the amendments made by this Act; and

(3) recommendations on improvements to methodologies and techniques for monitoring of coastal recreation waters.

(b) Coordination

The Administrator of the Environmental Pro-tection Agency may coordinate the report under this section with other reporting requirements under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).

(Pub. L. 106–284, § 7, Oct. 10, 2000, 114 Stat. 876.)

REFERENCES IN TEXT

This Act, referred to in subsec. (a)(2), is Pub. L. 106–284, Oct. 10, 2000, 114 Stat. 870, known as the Beaches Environmental Assessment and Coastal Health Act of 2000. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note set out under section 1251 of this title and Tables.

The Federal Water Pollution Control Act, referred to in subsec. (b), is act June 30, 1948, ch. 758, as amended



generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to this chapter. For com-plete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables.

CODIFICATION

Section was enacted as part of the Beaches Environ-mental Assessment and Coastal Health Act of 2000, and not as part of the Federal Water Pollution Control Act which comprises this chapter.


There are authorized to be appropriated to carry out this chapter, other than sections 1254, 1255, 1256(a), 1257, 1258, 1262, 1263, 1264,1 1265, 1286, 1287, 1288(f) and (h), 1289, 1314, 1321(c), (d), (i), (l), and (k),1 1324, 1325, and 1327 of this title, $250,000,000 for the fiscal year ending June 30, 1973, $300,000,000 for the fiscal year ending June 30, 1974, $350,000,000 for the fiscal year ending June 30, 1975, $100,000,000 for the fiscal year end-ing September 30, 1977, $150,000,000 for the fiscal year ending September 30, 1978, $150,000,000 for the fiscal year ending September 30, 1979, $150,000,000 for the fiscal year ending September 30, 1980, $150,000,000 for the fiscal year ending September 30, 1981, $161,000,000 for the fiscal year ending September 30, 1982, such sums as may be necessary for fiscal years 1983 through 1985, and $135,000,000 per fiscal year for each of the fiscal years 1986 through 1990.

(June 30, 1948, ch. 758, title V, § 517, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 896; amended Pub. L. 95–217, § 4(g), Dec. 27, 1977, 91 Stat. 1567; Pub. L. 96–483, § 1(g), Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100–4, title I, § 101(h), Feb. 4, 1987, 101 Stat. 9.)

REFERENCES IN TEXT

Section 1264 of this title, referred to in text, was omitted from the Code.

Section 1321(k) of this title, referred to in text, was repealed by Pub. L. 101–380, title II, § 2002(b)(2), Aug. 18, 1990, 104 Stat. 507.

AMENDMENTS

1987—Pub. L. 100–4 struck out ‘‘and’’ after ‘‘1981,’’ and inserted ‘‘, such sums as may be necessary for fiscal years 1983 through 1985, and $135,000,000 per fiscal year for each of the fiscal years 1986 through 1990’’ after ‘‘1982’’.

1980—Pub. L. 96–483 inserted authorization of $150,000,000 for fiscal year ending Sept. 30, 1981 and $161,000,000 for fiscal year ending Sept. 30, 1982.

1977—Pub. L. 95–217 substituted ‘‘$350,000,000 for the fiscal year ending June 30, 1975, $100,000,000 for the fis-cal year ending September 30, 1977, $150,000,000 for the fiscal year ending September 30, 1978, $150,000,000 for the fiscal year ending September 30, 1979, and $150,000,000 for the fiscal year ending September 30, 1980’’ for ‘‘and $350,000,000 for the fiscal year ending June 30, 1975’’.

AUTHORIZATION APPROVAL FOR FUNDS APPROPRIATED BEFORE DECEMBER 27, 1977, FOR EXPENDITURES THROUGH FISCAL YEAR ENDING SEPTEMBER 30, 1977

Pub. L. 95–217, § 3, Dec. 27, 1977, 91 Stat. 1566, provided that funds appropriated before Dec. 27, 1977 for expendi-ture during the fiscal year ending June 30, 1976, the transition quarter ending September 30, 1976, and the fiscal year ending September 30, 1977, under authority

of this chapter were authorized for those purposes for which appropriated.

§ 1377. Indian tribes

(a) Policy

Nothing in this section shall be construed to affect the application of section 1251(g) of this title, and all of the provisions of this section shall be carried out in accordance with the pro-visions of such section 1251(g) of this title. In-dian tribes shall be treated as States for pur-poses of such section 1251(g) of this title.

(b) Assessment of sewage treatment needs; re-port

The Administrator, in cooperation with the Director of the Indian Health Service, shall as-sess the need for sewage treatment works to serve Indian tribes, the degree to which such needs will be met through funds allotted to States under section 1285 of this title and prior-ity lists under section 1296 of this title, and any obstacles which prevent such needs from being met. Not later than one year after February 4, 1987, the Administrator shall submit a report to Congress on the assessment under this sub-section, along with recommendations specifying (1) how the Administrator intends to provide as-sistance to Indian tribes to develop waste treat-ment management plans and to construct treat-ment works under this chapter, and (2) methods by which the participation in and administra-tion of programs under this chapter by Indian tribes can be maximized.

(c) Reservation of funds

(1) Fiscal years 1987–2014

The Administrator shall reserve each of fis-cal years 1987 through 2014, before allotments to the States under section 1285(e) of this title, one-half of one percent of the sums appro-priated under section 1287 of this title.

(2) Fiscal year 2015 and thereafter

For fiscal year 2015 and each fiscal year thereafter, the Administrator shall reserve, before allotments to the States under section 1384(a) of this title, not less than 0.5 percent and not more than 2.0 percent of the funds made available to carry out subchapter VI.

(3) Use of funds

Funds reserved under this subsection shall be available only for grants for projects and activities eligible for assistance under section 1383(c) of this title to serve—

(A) Indian tribes (as defined in subsection (h));

(B) former Indian reservations in Okla-homa (as determined by the Secretary of the Interior); and

(C) Native villages (as defined in section 1602 of title 43).

(d) Cooperative agreements

In order to ensure the consistent implementa-tion of the requirements of this chapter, an In-dian tribe and the State or States in which the lands of such tribe are located may enter into a cooperative agreement, subject to the review and approval of the Administrator, to jointly plan and administer the requirements of this chapter.


1 So in original. Probably should be subsection ‘‘(e)’’.

(e) Treatment as States

The Administrator is authorized to treat an Indian tribe as a State for purposes of sub-chapter II of this chapter and sections 1254, 1256, 1313, 1315, 1318, 1319, 1324, 1329, 1341, 1342, 1344, and 1346 of this title to the degree necessary to carry out the objectives of this section, but only if—

(1) the Indian tribe has a governing body car-rying out substantial governmental duties and powers;

(2) the functions to be exercised by the In-dian tribe pertain to the management and pro-tection of water resources which are held by an Indian tribe, held by the United States in trust for Indians, held by a member of an In-dian tribe if such property interest is subject to a trust restriction on alienation, or other-wise within the borders of an Indian reserva-tion; and

(3) the Indian tribe is reasonably expected to be capable, in the Administrator’s judgment, of carrying out the functions to be exercised in a manner consistent with the terms and purposes of this chapter and of all applicable regulations.

Such treatment as a State may include the di-rect provision of funds reserved under sub-section (c) to the governing bodies of Indian tribes, and the determination of priorities by In-dian tribes, where not determined by the Admin-istrator in cooperation with the Director of the Indian Health Service. The Administrator, in co-operation with the Director of the Indian Health Service, is authorized to make grants under sub-chapter II of this chapter in an amount not to exceed 100 percent of the cost of a project. Not later than 18 months after February 4, 1987, the Administrator shall, in consultation with Indian tribes, promulgate final regulations which speci-fy how Indian tribes shall be treated as States for purposes of this chapter. The Administrator shall, in promulgating such regulations, consult affected States sharing common water bodies and provide a mechanism for the resolution of any unreasonable consequences that may arise as a result of differing water quality standards that may be set by States and Indian tribes lo-cated on common bodies of water. Such mecha-nism shall provide for explicit consideration of relevant factors including, but not limited to, the effects of differing water quality permit re-quirements on upstream and downstream dis-chargers, economic impacts, and present and historical uses and quality of the waters subject to such standards. Such mechanism should pro-vide for the avoidance of such unreasonable con-sequences in a manner consistent with the ob-jective of this chapter.

(f) Grants for nonpoint source programs

The Administrator shall make grants to an In-dian tribe under section 1329 of this title as though such tribe was a State. Not more than one-third of one percent of the amount appro-priated for any fiscal year under section 1329 of this title may be used to make grants under this subsection. In addition to the requirements of section 1329 of this title, an Indian tribe shall be required to meet the requirements of paragraphs

(1), (2), and (3) of subsection (d) 1 of this section in order to receive such a grant.

(g) Alaska Native organizations

No provision of this chapter shall be construed to—

(1) grant, enlarge, or diminish, or in any way affect the scope of the governmental author-ity, if any, of any Alaska Native organization, including any federally-recognized tribe, tradi-tional Alaska Native council, or Native coun-cil organized pursuant to the Act of June 18, 1934 (48 Stat. 987), over lands or persons in Alaska;

(2) create or validate any assertion by such organization or any form of governmental au-thority over lands or persons in Alaska; or

(3) in any way affect any assertion that In-dian country, as defined in section 1151 of title 18, exists or does not exist in Alaska.

(h) Definitions

For purposes of this section, the term— (1) ‘‘Federal Indian reservation’’ means all

land within the limits of any Indian reserva-tion under the jurisdiction of the United States Government, notwithstanding the issu-ance of any patent, and including rights-of- way running through the reservation; and

(2) ‘‘Indian tribe’’ means any Indian tribe, band, group, or community recognized by the Secretary of the Interior and exercising gov-ernmental authority over a Federal Indian reservation.

(June 30, 1948, ch. 758, title V, § 518, as added Pub. L. 100–4, title V, § 506, Feb. 4, 1987, 101 Stat. 76; amended Pub. L. 100–581, title II, § 207, Nov. 1, 1988, 102 Stat. 2940; Pub. L. 106–284, § 6, Oct. 10, 2000, 114 Stat. 876; Pub. L. 113–121, title V, § 5013, June 10, 2014, 128 Stat. 1328.)

REFERENCES IN TEXT

Act of June 18, 1934 (48 Stat. 987), referred to in sub-sec. (g)(1), is act June 18, 1934, ch. 576, 48 Stat. 984, popu-larly known as the Indian Reorganization Act, which is classified generally to chapter 45 (§ 5101 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5101 of Title 25 and Tables.

PRIOR PROVISIONS

A prior section 518 of act June 30, 1948, was renum-bered section 519 and is set out as a note under section 1251 of this title.

AMENDMENTS

2014—Subsec. (c). Pub. L. 113–121, § 5013(1), (3), des-ignated existing provisions as par. (1), inserted heading, and added pars. (2) and (3).

Subsec. (c)(1). Pub. L. 113–121, § 5013(2), substituted ‘‘each of fiscal years 1987 through 2014,’’ for ‘‘each fiscal year beginning after September 30, 1986,’’ and struck out at end ‘‘Sums reserved under this subsection shall be available only for grants for the development of waste treatment management plans and for the con-struction of sewage treatment works to serve Indian tribes, as defined in subsection (h) and former Indian reservations in Oklahoma (as determined by the Sec-retary of the Interior) and Alaska Native Villages as defined in Public Law 92–203.’’

2000—Subsec. (e). Pub. L. 106–284 substituted ‘‘1344, and 1346 of this title’’ for ‘‘and 1344 of this title’’ in in-troductory provisions.


1988—Subsec. (c). Pub. L. 100–581 inserted ‘‘, as de-fined in subsection (h) and former Indian reservations in Oklahoma (as determined by the Secretary of the In-terior) and Alaska Native Villages as defined in Public Law 92–203’’ before period at end.

GRANTS FOR CONSTRUCTION OF WATER FACILITIES AND FOR WATER QUALITY PROTECTION

Pub. L. 109–54, title II, Aug. 2, 2005, 119 Stat. 530, pro-vided in part: ‘‘That, notwithstanding this or any other appropriations Act, heretofore and hereafter, after con-sultation with the House and Senate Committees on Appropriations and for the purpose of making technical corrections, the Administrator is authorized to award grants under this heading [State and Tribal Assistance Grants] to entities and for purposes other than those listed in the joint explanatory statements of the man-agers accompanying the Agency’s appropriations Acts for the construction of drinking water, wastewater and stormwater infrastructure and for water quality pro-tection.’’

GRANTS TO INDIAN TRIBES

Provisions stating that for fiscal year 2006 and not-withstanding section 1377(f) of this title, the Adminis-trator was authorized to use the amounts appropriated for any fiscal year under section 1329 of this title to make grants to Indian tribes pursuant to sections 1329(h) and 1377(e) of this title, were contained in the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006, Pub. L. 109–54, title II, Aug. 2, 2005, 119 Stat. 530, and were repeated in provi-sions of subsequent appropriations acts which are not set out in the Code. Similar provisions were contained in the following prior appropriations acts:

Pub. L. 108–447, div. I, title III, Dec. 8, 2004, 118 Stat. 3330.

Pub. L. 108–199, div. G, title III, Jan. 23, 2004, 118 Stat. 406.

Pub. L. 108–7, div. K, title III, Feb. 20, 2003, 117 Stat. 512.

Pub. L. 107–73, title III, Nov. 26, 2001, 115 Stat. 685. Pub. L. 106–377, § 1(a)(1) [title III], Oct. 27, 2000, 114

Stat. 1441, 1441A–43. Pub. L. 106–74, title III, Oct. 20, 1999, 113 Stat. 1083.

SUBCHAPTER VI—STATE WATER POLLUTION CONTROL REVOLVING FUNDS

§ 1381. Grants to States for establishment of re-volving funds

(a) General authority

Subject to the provisions of this subchapter, the Administrator shall make capitalization grants to each State for the purpose of estab-lishing a water pollution control revolving fund to accomplish the objectives, goals, and policies of this chapter by providing assistance for projects and activities identified in section 1383(c) of this title.

(b) Schedule of grant payments

The Administrator and each State shall joint-ly establish a schedule of payments under which the Administrator will pay to the State the amount of each grant to be made to the State under this subchapter. Such schedule shall be based on the State’s intended use plan under section 1386(c) of this title, except that—

(1) such payments shall be made in quarterly installments, and

(2) such payments shall be made as expedi-tiously as possible, but in no event later than the earlier of—

(A) 8 quarters after the date such funds were obligated by the State, or

(B) 12 quarters after the date such funds were allotted to the State.

(June 30, 1948, ch. 758, title VI, § 601, as added Pub. L. 100–4, title II, § 212(a), Feb. 4, 1987, 101 Stat. 22; amended Pub. L. 113–121, title V, § 5001, June 10, 2014, 128 Stat. 1322.)

AMENDMENTS

2014—Subsec. (a). Pub. L. 113–121 substituted ‘‘to ac-complish the objectives, goals, and policies of this chapter by providing assistance for projects and activi-ties identified in section 1383(c) of this title.’’ for ‘‘for providing assistance (1) for construction of treatment works (as defined in section 1292 of this title) which are publicly owned, (2) for implementing a management program under section 1329 of this title, and (3) for de-veloping and implementing a conservation and manage-ment plan under section 1330 of this title.’’


Pub. L. 113–121, title V, § 5006, June 10, 2014, 128 Stat. 1327, provided that: ‘‘This subtitle [subtitle A (§§ 5001–5006) of title V of Pub. L. 113–121, enacting sec-tion 1388 of this title and amending this section and sections 1382 and 1383 of this title], including any amendments made by the subtitle, shall take effect on October 1, 2014.’’

§ 1382. Capitalization grant agreements

(a) General rule

To receive a capitalization grant with funds made available under this subchapter and sec-tion 1285(m) of this title, a State shall enter into an agreement with the Administrator which shall include but not be limited to the specifica-tions set forth in subsection (b) of this section.

(b) Specific requirements

The Administrator shall enter into an agree-ment under this section with a State only after the State has established to the satisfaction of the Administrator that—

(1) the State will accept grant payments with funds to be made available under this subchapter and section 1285(m) of this title in accordance with a payment schedule estab-lished jointly by the Administrator under sec-tion 1381(b) of this title and will deposit all such payments in the water pollution control revolving fund established by the State in ac-cordance with this subchapter;

(2) the State will deposit in the fund from State moneys an amount equal to at least 20 percent of the total amount of all capitaliza-tion grants which will be made to the State with funds to be made available under this subchapter and section 1285(m) of this title on or before the date on which each quarterly grant payment will be made to the State under this subchapter;

(3) the State will enter into binding commit-ments to provide assistance in accordance with the requirements of this subchapter in an amount equal to 120 percent of the amount of each such grant payment within 1 year after the receipt of such grant payment;

(4) all funds in the fund will be expended in an expeditious and timely manner;

(5) all funds in the fund as a result of cap-italization grants under this subchapter and section 1285(m) of this title will first be used to assure maintenance of progress, as deter-


mined by the Governor of the State, toward compliance with enforceable deadlines, goals, and requirements of this chapter, including the municipal compliance deadline;

(6) treatment works eligible under this chap-ter which will be constructed in whole or in part with assistance made available by a State water pollution control revolving fund author-ized under this subchapter, or section 1285(m) of this title, or both, will meet the require-ments of, or otherwise be treated (as deter-mined by the Governor of the State) under sections 1371(c)(1) and 1372 of this title in the same manner as treatment works constructed with assistance under subchapter II of this chapter;

(7) in addition to complying with the re-quirements of this subchapter, the State will commit or expend each quarterly grant pay-ment which it will receive under this sub-chapter in accordance with laws and proce-dures applicable to the commitment or ex-penditure of revenues of the State;

(8) in carrying out the requirements of sec-tion 1386 of this title, the State will use ac-counting, audit, and fiscal procedures con-forming to generally accepted government ac-counting standards;

(9) the State will require as a condition of making a loan or providing other assistance, as described in section 1383(d) of this title, from the fund that the recipient of such assist-ance will maintain project accounts in accord-ance with generally accepted government ac-counting standards, including standards relat-ing to the reporting of infrastructure assets;

(10) the State will make annual reports to the Administrator on the actual use of funds in accordance with section 1386(d) of this title;

(11) the State will establish, maintain, in-vest, and credit the fund with repayments, such that the fund balance will be available in perpetuity for activities under this chapter;

(12) any fees charged by the State to recipi-ents of assistance that are considered program income will be used for the purpose of financ-ing the cost of administering the fund or fi-nancing projects or activities eligible for as-sistance from the fund;

(13) beginning in fiscal year 2016, the State will require as a condition of providing assist-ance to a municipality or intermunicipal, interstate, or State agency that the recipient of such assistance certify, in a manner deter-mined by the Governor of the State, that the recipient—

(A) has studied and evaluated the cost and effectiveness of the processes, materials, techniques, and technologies for carrying out the proposed project or activity for which assistance is sought under this sub-chapter; and

(B) has selected, to the maximum extent practicable, a project or activity that maxi-mizes the potential for efficient water use, reuse, recapture, and conservation, and en-ergy conservation, taking into account—

(i) the cost of constructing the project or activity;

(ii) the cost of operating and maintain-ing the project or activity over the life of the project or activity; and

(iii) the cost of replacing the project or activity; and

(14) a contract to be carried out using funds directly made available by a capitalization grant under this subchapter for program man-agement, construction management, feasibil-ity studies, preliminary engineering, design, engineering, surveying, mapping, or architec-tural related services shall be negotiated in the same manner as a contract for architec-tural and engineering services is negotiated under chapter 11 of title 40 or an equivalent State qualifications-based requirement (as de-termined by the Governor of the State).

(June 30, 1948, ch. 758, title VI, § 602, as added Pub. L. 100–4, title II, § 212(a), Feb. 4, 1987, 101 Stat. 22; amended Pub. L. 113–121, title V, § 5002, June 10, 2014, 128 Stat. 1322.)

AMENDMENTS

2014—Subsec. (b)(6). Pub. L. 113–121, § 5002(1), sub-stituted ‘‘eligible under this chapter’’ for ‘‘eligible under section 1383(c)(1) of this title’’, ‘‘with assistance made available by a State water pollution control re-volving fund authorized under this subchapter, or sec-tion 1285(m) of this title, or both,’’ for ‘‘before fiscal year 1995 with funds directly made available by capital-ization grants under this subchapter and section 1285(m) of this title’’, and ‘‘sections 1371(c)(1)’’ for ‘‘sec-tions 1281(b), 1281(g)(1), 1281(g)(2), 1281(g)(3), 1281(g)(5), 1281(g)(6), 1281(n)(1), 1281(o), 1284(a)(1), 1284(a)(2), 1284(b)(1), 1284(d)(2), 1291, 1298, 1371(c)(1),’’.

Subsec. (b)(9). Pub. L. 113–121, § 5002(2), substituted ‘‘standards, including standards relating to the report-ing of infrastructure assets;’’ for ‘‘standards; and’’.

Subsec. (b)(11) to (14). Pub. L. 113–121, § 5002(3), (4), added pars. (11) to (14).


Amendment by Pub. L. 113–121 effective Oct. 1, 2014, see section 5006 of Pub. L. 113–121, set out as a note under section 1381 of this title.

§ 1383. Water pollution control revolving loan funds

(a) Requirements for obligation of grant funds

Before a State may receive a capitalization grant with funds made available under this sub-chapter and section 1285(m) of this title, the State shall first establish a water pollution con-trol revolving fund which complies with the re-quirements of this section.

(b) Administration

Each State water pollution control revolving fund shall be administered by an instrumental-ity of the State with such powers and limita-tions as may be required to operate such fund in accordance with the requirements and objec-tives of this chapter.

(c) Projects and activities eligible for assistance

The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance—

(1) to any municipality or intermunicipal, interstate, or State agency for construction of publicly owned treatment works (as defined in section 1292 of this title);

(2) for the implementation of a management program established under section 1329 of this title;


(3) for development and implementation of a conservation and management plan under sec-tion 1330 of this title;

(4) for the construction, repair, or replace-ment of decentralized wastewater treatment systems that treat municipal wastewater or domestic sewage;

(5) for measures to manage, reduce, treat, or recapture stormwater or subsurface drainage water;

(6) to any municipality or intermunicipal, interstate, or State agency for measures to re-duce the demand for publicly owned treatment works capacity through water conservation, efficiency, or reuse;

(7) for the development and implementation of watershed projects meeting the criteria set forth in section 1274 of this title;

(8) to any municipality or intermunicipal, interstate, or State agency for measures to re-duce the energy consumption needs for pub-licly owned treatment works;

(9) for reusing or recycling wastewater, stormwater, or subsurface drainage water;

(10) for measures to increase the security of publicly owned treatment works; and

(11) to any qualified nonprofit entity, as de-termined by the Administrator, to provide as-sistance to owners and operators of small and medium publicly owned treatment works—

(A) to plan, develop, and obtain financing for eligible projects under this subsection, including planning, design, and associated preconstruction activities; and

(B) to assist such treatment works in achieving compliance with this chapter.

(d) Types of assistance

Except as otherwise limited by State law, a water pollution control revolving fund of a State under this section may be used only—

(1) to make loans, on the condition that— (A) such loans are made at or below mar-

ket interest rates, including interest free loans, at terms not to exceed the lesser of 30 years and the projected useful life (as deter-mined by the State) of the project to be fi-nanced with the proceeds of the loan;

(B) annual principal and interest payments will commence not later than 1 year after completion of any project and all loans will be fully amortized upon the expiration of the term of the loan;

(C) the recipient of a loan will establish a dedicated source of revenue for repayment of loans;

(D) the fund will be credited with all pay-ments of principal and interest on all loans; and

(E) for a treatment works proposed for re-pair, replacement, or expansion, and eligible for assistance under subsection (c)(1), the re-cipient of a loan shall—

(i) develop and implement a fiscal sus-tainability plan that includes—

(I) an inventory of critical assets that are a part of the treatment works;

(II) an evaluation of the condition and performance of inventoried assets or asset groupings;

(III) a certification that the recipient has evaluated and will be implementing

water and energy conservation efforts as part of the plan; and

(IV) a plan for maintaining, repairing, and, as necessary, replacing the treat-ment works and a plan for funding such activities; or

(ii) certify that the recipient has devel-oped and implemented a plan that meets the requirements under clause (i);

(2) to buy or refinance the debt obligation of municipalities and intermunicipal and inter-state agencies within the State at or below market rates, where such debt obligations were incurred after March 7, 1985;

(3) to guarantee, or purchase insurance for, local obligations where such action would im-prove credit market access or reduce interest rates;

(4) as a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the State if the proceeds of the sale of such bonds will be deposited in the fund;

(5) to provide loan guarantees for similar re-volving funds established by municipalities or intermunicipal agencies;

(6) to earn interest on fund accounts; and (7) for the reasonable costs of administering

the fund and conducting activities under this subchapter, except that such amounts shall not exceed 4 percent of all grant awards to such fund under this subchapter, $400,000 per year, or 1⁄5 percent per year of the current valuation of the fund, whichever amount is greatest, plus the amount of any fees collected by the State for such purpose regardless of the source.

(e) Limitation to prevent double benefits

If a State makes, from its water pollution re-volving fund, a loan which will finance the cost of facility planning and the preparation of plans, specifications, and estimates for construction of publicly owned treatment works, the State shall ensure that if the recipient of such loan receives a grant under section 1281(g) of this title for con-struction of such treatment works and an allow-ance under section 1281(l)(1) of this title for non- Federal funds expended for such planning and preparation, such recipient will promptly repay such loan to the extent of such allowance.

(f) Consistency with planning requirements

A State may provide financial assistance from its water pollution control revolving fund only with respect to a project which is consistent with plans, if any, developed under sections 1285(j), 1288, 1313(e), 1329, and 1330 of this title.

(g) Priority list requirement

The State may provide financial assistance from its water pollution control revolving fund only with respect to a project for construction of a treatment works described in subsection (c)(1) if such project is on the State’s priority list under section 1296 of this title. Such assist-ance may be provided regardless of the rank of such project on such list.

(h) Eligibility of non-Federal share of construc-tion grant projects

A State water pollution control revolving fund may provide assistance (other than under sub-


section (d)(1) of this section) to a municipality or intermunicipal or interstate agency with re-spect to the non-Federal share of the costs of a treatment works project for which such munici-pality or agency is receiving assistance from the Administrator under any other authority only if such assistance is necessary to allow such project to proceed.

(i) Additional subsidization

(1) In general

In any case in which a State provides assist-ance to an eligible recipient under subsection (d), the State may provide additional sub-sidization, including forgiveness of principal and negative interest loans—

(A) in assistance to a municipality or intermunicipal, interstate, or State agency to benefit a municipality that—

(i) meets the affordability criteria of the State established under paragraph (2); or

(ii) does not meet the affordability cri-teria of the State if the recipient—

(I) seeks additional subsidization to benefit individual ratepayers in the resi-dential user rate class;

(II) demonstrates to the State that such ratepayers will experience a signifi-cant hardship from the increase in rates necessary to finance the project or activ-ity for which assistance is sought; and

(III) ensures, as part of an assistance agreement between the State and the re-cipient, that the additional subsidization provided under this paragraph is directed through a user charge rate system (or other appropriate method) to such rate-payers; or

(B) to implement a process, material, tech-nique, or technology—

(i) to address water-efficiency goals; (ii) to address energy-efficiency goals; (iii) to mitigate stormwater runoff; or (iv) to encourage sustainable project

planning, design, and construction.

(2) Affordability criteria

(A) Establishment

(i) In general

Not later than September 30, 2015, and after providing notice and an opportunity for public comment, a State shall establish affordability criteria to assist in identify-ing municipalities that would experience a significant hardship raising the revenue necessary to finance a project or activity eligible for assistance under subsection (c)(1) if additional subsidization is not pro-vided.

(ii) Contents

The criteria under clause (i) shall be based on income and unemployment data, population trends, and other data deter-mined relevant by the State, including whether the project or activity is to be carried out in an economically distressed area, as described in section 3161 of title 42.

(B) Existing criteria

If a State has previously established, after providing notice and an opportunity for pub-

lic comment, affordability criteria that meet the requirements of subparagraph (A)—

(i) the State may use the criteria for the purposes of this subsection; and

(ii) those criteria shall be treated as af-fordability criteria established under this paragraph.

(C) Information to assist States

The Administrator may publish informa-tion to assist States in establishing afford-ability criteria under subparagraph (A).

(3) Limitations

(A) In general

A State may provide additional subsidiza-tion in a fiscal year under this subsection only if the total amount appropriated for making capitalization grants to all States under this subchapter for the fiscal year ex-ceeds $1,000,000,000.

(B) Additional limitation

(i) General rule

Subject to clause (ii), a State may use not more than 30 percent of the total amount received by the State in capital-ization grants under this subchapter for a fiscal year for providing additional sub-sidization under this subsection.

(ii) Exception

If, in a fiscal year, the amount appro-priated for making capitalization grants to all States under this subchapter exceeds $1,000,000,000 by a percentage that is less than 30 percent, clause (i) shall be applied by substituting that percentage for 30 per-cent.

(C) Applicability

The authority of a State to provide addi-tional subsidization under this subsection shall apply to amounts received by the State in capitalization grants under this sub-chapter for fiscal years beginning after Sep-tember 30, 2014.

(D) Consideration

If the State provides additional subsidiza-tion to a municipality or intermunicipal, interstate, or State agency under this sub-section that meets the criteria under para-graph (1)(A), the State shall take the cri-teria set forth in section 1382(b)(5) of this title into consideration.

(June 30, 1948, ch. 758, title VI, § 603, as added Pub. L. 100–4, title II, § 212(a), Feb. 4, 1987, 101 Stat. 23; amended Pub. L. 113–121, title V, § 5003, June 10, 2014, 128 Stat. 1323; Pub. L. 114–322, title IV, § 5012, Dec. 16, 2016, 130 Stat. 1902.)

AMENDMENTS

2016—Subsec. (i)(1). Pub. L. 114–322, § 5012(1), sub-stituted ‘‘to an eligible recipient’’ for ‘‘to a municipal-ity or intermunicipal, interstate, or State agency’’ in introductory provisions.

Subsec. (i)(1)(A). Pub. L. 114–322, § 5012(2), inserted ‘‘in assistance to a municipality or intermunicipal, inter-state, or State agency’’ before ‘‘to benefit’’ in introduc-tory provisions.

2014—Subsec. (c). Pub. L. 113–121, § 5003(1), added sub-sec. (c) and struck out former subsec. (c). Prior to


amendment, text read as follows: ‘‘The amounts of funds available to each State water pollution control revolving fund shall be used only for providing finan-cial assistance (1) to any municipality, intermunicipal, interstate, or State agency for construction of publicly owned treatment works (as defined in section 1292 of this title), (2) for the implementation of a management program established under section 1329 of this title, and (3) for development and implementation of a conserva-tion and management plan under section 1330 of this title. The fund shall be established, maintained, and credited with repayments, and the fund balance shall be available in perpetuity for providing such financial assistance.’’

Subsec. (d)(1)(A). Pub. L. 113–121, § 5003(2)(A)(i), sub-stituted ‘‘the lesser of 30 years and the projected useful life (as determined by the State) of the project to be fi-nanced with the proceeds of the loan’’ for ‘‘20 years’’.

Subsec. (d)(1)(B). Pub. L. 113–121, § 5003(2)(A)(ii), sub-stituted ‘‘upon the expiration of the term of the loan’’ for ‘‘not later than 20 years after project completion’’.

Subsec. (d)(1)(E). Pub. L. 113–121, § 5003(2)(A)(iii)–(v), added subpar. (E).

Subsec. (d)(7). Pub. L. 113–121, § 5003(2)(B), inserted ‘‘, $400,000 per year, or 1⁄5 percent per year of the cur-rent valuation of the fund, whichever amount is great-est, plus the amount of any fees collected by the State for such purpose regardless of the source’’ before period at end.

Subsec. (i). Pub. L. 113–121, § 5003(3), added subsec. (i).


Amendment by Pub. L. 113–121 effective Oct. 1, 2014, see section 5006 of Pub. L. 113–121, set out as a note under section 1381 of this title.

§ 1384. Allotment of funds

(a) Formula

Sums authorized to be appropriated to carry out this section for each of fiscal years 1989 and 1990 shall be allotted by the Administrator in accordance with section 1285(c) of this title.

(b) Reservation of funds for planning

Each State shall reserve each fiscal year 1 per-cent of the sums allotted to such State under this section for such fiscal year, or $100,000, whichever amount is greater, to carry out plan-ning under sections 1285(j) and 1313(e) of this title.

(c) Allotment period

(1) Period of availability for grant award

Sums allotted to a State under this section for a fiscal year shall be available for obliga-tion by the State during the fiscal year for which sums are authorized and during the fol-lowing fiscal year.

(2) Reallotment of unobligated funds

The amount of any allotment not obligated by the State by the last day of the 2-year pe-riod of availability established by paragraph (1) shall be immediately reallotted by the Ad-ministrator on the basis of the same ratio as is applicable to sums allotted under sub-chapter II of this chapter for the second fiscal year of such 2-year period. None of the funds reallotted by the Administrator shall be real-lotted to any State which has not obligated all sums allotted to such State in the first fiscal year of such 2-year period.

(June 30, 1948, ch. 758, title VI, § 604, as added Pub. L. 100–4, title II, § 212(a), Feb. 4, 1987, 101 Stat. 25.)

USE OF CAPITALIZATION GRANT FUNDS FOR CONSTRUCTION GRANTS

Pub. L. 101–144, title III, Nov. 9, 1989, 103 Stat. 858, as amended by Pub. L. 101–302, title II, May 25, 1990, 104 Stat. 238, provided: ‘‘That, notwithstanding any other provision of law, sums heretofore, herein or hereafter appropriated under this heading [‘‘ENVIRONMENTAL PROTECTION AGENCY’’ and ‘‘CONSTRUCTION GRANTS’’] al-lotted for title VI [33 U.S.C. 1381 et seq.] capitalization grants to American Samoa, Commonwealth of the Northern Mariana Islands, Guam, the Republic of Palau (or its successor entity), Virgin Islands and the District of Columbia, may be used for title II [33 U.S.C. 1281 et seq.] construction grants at the request of the chief ex-ecutive of each of the above named entities, and sums appropriated in fiscal year 1989 shall remain available for obligation until September 30, 1992.’’

§ 1385. Corrective action

(a) Notification of noncompliance

If the Administrator determines that a State has not complied with its agreement with the Administrator under section 1382 of this title or any other requirement of this subchapter, the Administrator shall notify the State of such noncompliance and the necessary corrective ac-tion.

(b) Withholding of payments

If a State does not take corrective action within 60 days after the date a State receives no-tification of such action under subsection (a), the Administrator shall withhold additional payments to the State until the Administrator is satisfied that the State has taken the nec-essary corrective action.

(c) Reallotment of withheld payments

If the Administrator is not satisfied that ade-quate corrective actions have been taken by the State within 12 months after the State is noti-fied of such actions under subsection (a), the payments withheld from the State by the Ad-ministrator under subsection (b) shall be made available for reallotment in accordance with the most recent formula for allotment of funds under this subchapter.


§ 1386. Audits, reports, and fiscal controls; in-tended use plan

(a) Fiscal control and auditing procedures

Each State electing to establish a water pollu-tion control revolving fund under this sub-chapter shall establish fiscal controls and ac-counting procedures sufficient to assure proper accounting during appropriate accounting peri-ods for—

(1) payments received by the fund; (2) disbursements made by the fund; and (3) fund balances at the beginning and end of

the accounting period.

(b) Annual Federal audits

The Administrator shall, at least on an annual basis, conduct or require each State to have independently conducted reviews and audits as may be deemed necessary or appropriate by the Administrator to carry out the objectives of this section. Audits of the use of funds deposited in


the water pollution revolving fund established by such State shall be conducted in accordance with the auditing procedures of the Government Accountability Office, including chapter 75 of title 31.

(c) Intended use plan

After providing for public comment and re-view, each State shall annually prepare a plan identifying the intended uses of the amounts available to its water pollution control revolv-ing fund. Such intended use plan shall include, but not be limited to—

(1) a list of those projects for construction of publicly owned treatment works on the State’s priority list developed pursuant to sec-tion 1296 of this title and a list of activities el-igible for assistance under sections 1329 and 1330 of this title;

(2) a description of the short- and long-term goals and objectives of its water pollution con-trol revolving fund;

(3) information on the activities to be sup-ported, including a description of project cat-egories, discharge requirements under sub-chapters III and IV of this chapter, terms of fi-nancial assistance, and communities served;

(4) assurances and specific proposals for meeting the requirements of paragraphs (3), (4), (5), and (6) of section 1382(b) of this title; and

(5) the criteria and method established for the distribution of funds.

(d) Annual report

Beginning the first fiscal year after the re-ceipt of payments under this subchapter, the State shall provide an annual report to the Ad-ministrator describing how the State has met the goals and objectives for the previous fiscal year as identified in the plan prepared for the previous fiscal year pursuant to subsection (c), including identification of loan recipients, loan amounts, and loan terms and similar details on other forms of financial assistance provided from the water pollution control revolving fund.

(e) Annual Federal oversight review

The Administrator shall conduct an annual oversight review of each State plan prepared under subsection (c), each State report prepared under subsection (d), and other such materials as are considered necessary and appropriate in carrying out the purposes of this subchapter. After reasonable notice by the Administrator to the State or the recipient of a loan from a water pollution control revolving fund, the State or loan recipient shall make available to the Ad-ministrator such records as the Administrator reasonably requires to review and determine compliance with this subchapter.

(f) Applicability of subchapter II provisions

Except to the extent provided in this sub-chapter, the provisions of subchapter II shall not apply to grants under this subchapter.

(June 30, 1948, ch. 758, title VI, § 606, as added Pub. L. 100–4, title II, § 212(a), Feb. 4, 1987, 101 Stat. 25; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)

AMENDMENTS

2004—Subsec. (b). Pub. L. 108–271 substituted ‘‘Govern-ment Accountability Office’’ for ‘‘General Accounting Office’’.


There is authorized to be appropriated to carry out the purposes of this subchapter the following sums:

(1) $1,200,000,000 per fiscal year for each of fiscal years 1989 and 1990;

(2) $2,400,000,000 for fiscal year 1991; (3) $1,800,000,000 for fiscal year 1992; (4) $1,200,000,000 for fiscal year 1993; and (5) $600,000,000 for fiscal year 1994.


§ 1388. Requirements

(a) In general

Funds made available from a State water pol-lution control revolving fund established under this subchapter may not be used for a project for the construction, alteration, maintenance, or repair of treatment works unless all of the iron and steel products used in the project are pro-duced in the United States.

(b) Definition of iron and steel products

In this section, the term ‘‘iron and steel prod-ucts’’ means the following products made pri-marily of iron or steel: lined or unlined pipes and fittings, manhole covers and other munici-pal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, construction mate-rials.

(c) Application

Subsection (a) shall not apply in any case or category of cases in which the Administrator finds that—

(1) applying subsection (a) would be incon-sistent with the public interest;

(2) iron and steel products are not produced in the United States in sufficient and reason-ably available quantities and of a satisfactory quality; or

(3) inclusion of iron and steel products pro-duced in the United States will increase the cost of the overall project by more than 25 per-cent.

(d) Waiver

If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public, on an infor-mal basis, a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Ad-ministrator shall make the request and accom-panying information available by electronic means, including on the official public Internet site of the Environmental Protection Agency.

(e) International agreements

This section shall be applied in a manner con-sistent with United States obligations under international agreements.


(f) Management and oversight

The Administrator may retain up to 0.25 per-cent of the funds appropriated for this sub-chapter for management and oversight of the re-quirements of this section.

(g) Effective date

This section does not apply with respect to a project if a State agency approves the engineer-ing plans and specifications for the project, in that agency’s capacity to approve such plans and specifications prior to a project requesting bids, prior to June 10, 2014.

(June 30, 1948, ch. 758, title VI, § 608, as added Pub. L. 113–121, title V, § 5004, June 10, 2014, 128 Stat. 1326.)

EFFECTIVE DATE

Section effective Oct. 1, 2014, see section 5006 of Pub. L. 113–121, set out as an Effective Date of 2014 Amend-ment note under section 1381 of this title.

CHAPTER 27—OCEAN DUMPING

Sec.

1401. Congressional finding, policy, and declaration of purpose.

1402. Definitions.

SUBCHAPTER I—REGULATION

1411. Prohibited acts. 1412. Dumping permit program. 1412a. Emergency dumping of industrial waste. 1413. Dumping permit program for dredged mate-

rial. 1414. Permit conditions. 1414a. Special provisions regarding certain dumping

sites. 1414b. Ocean dumping of sewage sludge and indus-

trial waste. 1414c. Prohibition on disposal of sewage sludge at

landfills on Staten Island. 1415. Penalties. 1416. Relationship to other laws. 1417. Enforcement. 1418. Regulations. 1419. International cooperation. 1420. Authorization of appropriations. 1421. Omitted.

SUBCHAPTER II—RESEARCH

1441. Monitoring and research program. 1442. Research program respecting possible long-

range effects of pollution, overfishing, and man-induced changes of ocean ecosystems.

1443. Research program respecting ocean dumping and other methods of waste disposal.

1444. Annual reports. 1445. Authorization of appropriations.

§ 1401. Congressional finding, policy, and dec-laration of purpose

(a) Dangers of unregulated dumping

Unregulated dumping of material into ocean waters endangers human health, welfare, and amenities, and the marine environment, eco-logical systems, and economic potentialities.

(b) Policy of regulation and prevention or limita-tion

The Congress declares that it is the policy of the United States to regulate the dumping of all types of materials into ocean waters and to pre-vent or strictly limit the dumping into ocean waters of any material which would adversely

affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities.

(c) Regulation of dumping and transportation for dumping purposes

It is the purpose of this Act to regulate (1) the transportation by any person of material from the United States and, in the case of United States vessels, aircraft, or agencies, the trans-portation of material from a location outside the United States, when in either case the trans-portation is for the purpose of dumping the ma-terial into ocean waters, and (2) the dumping of material transported by any person from a loca-tion outside the United States, if the dumping occurs in the territorial sea or the contiguous zone of the United States.

(Pub. L. 92–532, § 2, Oct. 23, 1972, 86 Stat. 1052; Pub. L. 93–254, § 1(1), Mar. 22, 1974, 88 Stat. 50.)

REFERENCES IN TEXT

This Act, referred to in subsec. (c), means Pub. L. 92–532, which is classified generally to this chapter, chapter 41 (§ 2801 et seq.) of this title, and chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Con-servation.

AMENDMENTS

1974—Subsec. (b). Pub. L. 93–254 struck out statement of the purpose of this Act as being the regulation of transportation of material from the United States for dumping into ocean waters, and the dumping of mate-rial, transported from outside the United States, if the dumping occurs in ocean waters over which the United States has jurisdiction or over which it may exercise control, under accepted principles of international law, in order to protect its territory or territorial sea, now covered by subsec. (c) of this section.

Subsec. (c). Pub. L. 93–254 added subsec. (c).


Pub. L. 93–254, § 2, Mar. 22, 1974, 88 Stat. 51, provided in part that amendment of subsecs. (b) and (c) of this section and sections 1402, 1411, and 1412(a), other than last sentence of subsec. (a), of this title, by Pub. L. 93–254 shall become effective Mar. 22, 1974.


Pub. L. 100–688, title I, § 1001, Nov. 18, 1988, 102 Stat. 4139, provided that: ‘‘This title [enacting sections 1414b and 1414c of this title, amending sections 1268, 1412a, and 1414a of this title, and amending provisions set out as a note under section 2267 of this title] may be cited as the ‘Ocean Dumping Ban Act of 1988’.’’

SHORT TITLE

Pub. L. 92–532, § 1, Oct. 23, 1972, 86 Stat. 1052, provided: ‘‘That this Act [enacting this chapter, chapter 41 (§ 2801 et seq.) of this title, and chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Conservation] may be cited as the ‘Marine Protection, Research, and Sanc-tuaries Act of 1972’.’’



ENVIRONMENTAL EFFECTS ABROAD OF MAJOR FEDERAL ACTIONS

For provisions relating to environmental effects abroad of major federal actions, see Ex. Ord. No. 12114,

chapter 26—water pollution prevention … · pilot program for alternative water source projects....

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