US (United States) Code. Title 32. Chapter 26: Water pollution prevention and control

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Navigation and navigable waters

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-CITE-

33 USC CHAPTER 26 - WATER POLLUTION PREVENTION AND

CONTROL 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

-MISC1-

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

-MISC1-

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

Sec.

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

objective.

(b) Congressional recognition, preservation, and

protection of primary responsibilities and

rights of States.

(c) Congressional policy toward Presidential

activities with foreign countries.

(d) Administrator of Environmental Protection

Agency to administer chapter.

(e) Public participation in development, revision,

and enforcement of any regulation, etc.

(f) Procedures utilized for implementing chapter.

(g) Authority of States over water.

1252. Comprehensive programs for water pollution control.

(a) Preparation and development.

(b) Planning for reservoirs; storage for regulation

of streamflow.

(c) Basins; grants to State agencies.

1252a. Reservoir projects, water storage; modification;

storage for other than for water quality, opinion of

Federal agency, committee resolutions of approval;

provisions inapplicable 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 information.

(a) Establishment of national programs;

cooperation; investigations; water quality

surveillance system; reports.

(b) Authorized activities of Administrator.

(c) Research and studies on harmful effects of

pollutants; cooperation with Secretary of

Health and Human Services.

(d) Sewage treatment; identification and

measurement of effects of pollutants;

augmented streamflow.

(e) Field laboratory and research facilities.

(f) Great Lakes water quality research.

(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.

(h) Lake pollution.

(i) Oil pollution control studies.

(j) Solid waste disposal equipment for vessels.

(k) Land acquisition.

(l) Collection and dissemination of scientific

knowledge on effects and control of pesticides

in water.

(m) Waste oil disposal study.

(n) Comprehensive studies of effects of pollution

on estuaries and estuarine zones.

(o) Methods of reducing total flow of sewage and

unnecessary water consumption; reports.

(p) Agricultural pollution.

(q) Sewage in rural areas; national clearinghouse

for alternative treatment information;

clearinghouse on small flows.

(r) Research grants to colleges and universities.

(s) River Study Centers.

(t) Thermal discharges.

(u) Authorization of appropriations.

(v) Studies concerning pathogen indicators in

coastal recreation waters.

1254a. Research on effects of pollutants.

1255. Grants for research and development.

(a) Demonstration projects covering storm waters,

advanced waste treatment and water

purification methods, and joint treatment

systems for municipal and industrial wastes.

(b) Demonstration projects for advanced treatment

and environmental enhancement techniques to

control pollution in river basins.

(c) Research and demonstration projects for

prevention of water pollution by industry.

(d) Accelerated and priority development of waste

management and waste treatment methods and

identification and measurement methods.

(e) Research and demonstration projects covering

agricultural pollution and pollution from

sewage in rural areas; dissemination of

information.

(f) Limitations.

(g) Maximum grants.

(h) Authorization of appropriations.

(i) Assistance for research and demonstration

projects.

(j) Assistance for recycle, reuse, and land

treatment projects.

1256. Grants for pollution control programs.

(a) Authorization of appropriations for State and

interstate programs.

(b) Allotments.

(c) Maximum annual payments.

(d) Limitations.

(e) Grants prohibited to States not establishing

water quality monitoring procedures or

adequate emergency and contingency plans.

(f) Conditions.

(g) Reallotment of unpaid allotments.

1257. Mine water pollution control demonstrations.

(a) Comprehensive approaches to elimination or

control of mine water pollution.

(b) Consistency of projects with objectives of

subtitle IV of title 40.

(c) Watershed selection.

(d) Conditions upon Federal participation.

(e) Authorization of appropriations.

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.

(a) Demonstration projects.

(b) Conditions of Federal participation.

(c) Authorization of appropriations.

(d) Lake Erie demonstration program.

(e) Authorization of appropriations for Lake Erie

demonstration program.

1259. Training grants and contracts.

1260. Applications; allocation.

1261. Scholarships.

1262. Definitions and authorizations.

1263. Alaska village demonstration projects.

(a) Central community facilities for safe water;

elimination or control of pollution.

(b) Utilization of personnel and facilities of

Department of Health and Human Services.

(c) Omitted.

(d) Authorization of appropriations.

(e) Study to develop comprehensive program for

achieving sanitation services; report to

Congress.

(f) Technical, financial, and management

assistance.

(g) "Village" and "sanitation services" defined.

1263a. Grants to Alaska to improve sanitation in rural and

Native villages.

(a) In general.

(b) Federal share.

(c) Administrative expenses.

(d) Consultation with State of Alaska.

(e) Authorization of appropriations.

1264. Omitted.

1265. In-place toxic pollutants.

1266. Hudson River reclamation demonstration project.

1267. Chesapeake Bay.

(a) Definitions.

(b) Continuation of Chesapeake Bay Program.

(c) Interagency agreements.

(d) Technical assistance and assistance grants.

(e) Implementation and monitoring grants.

(f) Federal facilities and budget coordination.

(g) Chesapeake Bay Program.

(h) Study of Chesapeake Bay Program.

(i) Special study of living resource response.

(j) Authorization of appropriations.

1268. Great Lakes.

(a) Findings, purpose, and definitions.

(b) Great Lakes National Program Office.

(c) Great Lakes management.

(d) Great Lakes research.

(e) Research and management coordination.

(f) Interagency cooperation.

(g) Relationship to existing Federal and State laws

and international treaties.

(h) Authorizations of Great Lakes appropriations.

1269. Long Island Sound.

(a) Office of Management Conference of the Long

Island Sound Study.

(b) Administration and staffing of Office.

(c) Duties of Office.

(d) Grants.

(e) Assistance to distressed communities.

(f) Authorizations.

1270. Lake Champlain Basin Program.

(a) Establishment.

(b) Membership.

(c) Technical Advisory Committee.

(d) Research program.

(e) Pollution prevention, control, and restoration

plan.

(f) Grant assistance.

(g) Definitions.

(h) No effect on certain authority.

(i) Authorization.

1271. Sediment survey and monitoring.

(a) Survey.

(b) Monitoring.

1271a. Research and development program.

(a) In general.

(b) Authorization of appropriations.

1272. Environmental dredging.

(a) Operation and maintenance of navigation

projects.

(b) Nonproject specific.

(c) Joint plan requirement.

(d) Disposal costs.

(e) Limitation on statutory construction.

(f) Priority work.

(g) Nonprofit entities.

1273. Lake Pontchartrain Basin.

(a) Establishment of restoration program.

(b) Purpose.

(c) Duties.

(d) Grants.

(e) Definitions.

(f) Authorization of appropriations.

1274. Wet weather watershed pilot projects.

(a) In general.

(b) Administration.

(c) Funding.

(d) Report to Congress.

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

1281. Congressional declaration of purpose.

(a) Development and implementation of waste

treatment management plans and practices.

(b) Application of technology: confined disposal of

pollutants; consideration of advanced

techniques.

(c) Waste treatment management area and scope.

(d) Waste treatment management construction of

revenue producing facilities.

(e) Waste treatment management integration of

facilities.

(f) Waste treatment management "open space" and

recreational considerations.

(g) Grants to construct publicly owned treatment

works.

(h) Grants to construct privately owned treatment

works.

(i) Waste treatment management methods, processes,

and techniques to reduce energy requirements.

(j) Grants for treatment works utilizing processes

and techniques of guidelines under section

1314(d)(3) of this title.

(k) Limitation on use of grants for publicly owned

treatment works.

(l) Grants for facility plans, or plans,

specifications, and estimates for proposed

project for construction of treatment works;

limitations, allotments, advances, etc.

(m) Grants for State of California projects.

(n) Water quality problems; funds, scope, etc.

(o) Capital financing plan.

(p) Time limit on resolving certain disputes.

1281a. Total treatment system funding.

1281b. Availability of Farmers Home Administration funds for

non-Federal share.

1282. Federal share.

(a) Amount of grants for treatment works.

(b) Amount of grants for construction of treatment

works not commenced prior to July 1, 1971.

(c) Availability of sums allotted to Puerto Rico.

1283. Plans, specifications, estimates, and payments.

(a) Submission; contractual nature of approval by

Administrator; agreement on eligible costs;

single grant.

(b) Periodic payments.

(c) Final payments.

(d) Projects eligible.

(e) Technical and legal assistance in

administration and enforcement of contracts;

intervention in civil actions.

(f) Design/build projects.

1284. Limitations and conditions.

(a) Determinations by Administrator.

(b) Additional determinations; issuance of

guidelines; approval by Administrator; system

of charges.

(c) Applicability of reserve capacity restrictions

to primary, secondary, or advanced waste

treatment facilities or related interceptors.

(d) Engineering requirements; certification by

owner and operator; contractual assurances,

etc.

1285. Allotment of grant funds.

(a) Funds for fiscal years during period June 30,

1972, and September 30, 1977; determination of

amount.

(b) Availability and use of funds allotted for

fiscal years during period June 30, 1972, and

September 30, 1977; reallotment.

(c) Funds for fiscal years during period October 1,

1977, and September 30, 1981; funds for fiscal

years 1982 to 1990; determination of amount.

(d) Availability and use of funds; reallotment.

(e) Minimum allotment; additional appropriations;

ratio of amount available.

(f) Omitted.

(g) Reservation of funds; State management

assistance.

(h) Alternate systems for small communities.

(i) Set-aside for innovative and alternative

projects.

(j) Water quality management plan; reservation of

funds for nonpoint source management.

(k) New York City Convention Center.

(l) Marine estuary reservation.

(m) Discretionary deposits into State water

pollution control revolving funds.

1286. Reimbursement and advanced construction.

(a) Publicly owned treatment works construction

initiated after June 30, 1966, but before July

1, 1973; reimbursement formula.

(b) Publicly owned treatment works construction

initiated between June 30, 1956, and June 30,

1966; reimbursement formula.

(c) Application for reimbursement.

(d) Allocation of funds.

(e) Authorization of appropriations.

(f) Additional funds.

1287. Authorization of appropriations.

1288. Areawide waste treatment management.

(a) Identification and designation of areas having

substantial water quality control problems.

(b) Planning process.

(c) Regional operating agencies.

(d) Conformity of works with area plan.

(e) Permits not to conflict with approved plans.

(f) Grants.

(g) Technical assistance by Administrator.

(h) Technical assistance by Secretary of the Army.

(i) State best management practices program.

(j) Agricultural cost sharing.

1289. Basin planning.

(a) Preparation of Level B plans.

(b) Reporting requirements.

(c) Authorization of appropriations.

1290. Annual survey.

1291. Sewage collection systems.

(a) Existing and new systems.

(b) Use of population density as test.

(c) Pollutant discharges from separate storm sewer

systems.

1292. Definitions.

1293. Loan guarantees.

(a) State or local obligations issued exclusively

to Federal Financing Bank for publicly owned

treatment works; determination of eligibility

of project by Administrator.

(b) Conditions for issuance.

(c) Fees for application investigation and issuance

of commitment guarantee.

(d) Commitment for repayment.

1293a. Contained spoil disposal facilities.

(a) Construction, operation, and maintenance;

period; conditions; requirements.

(b) Time for establishment; consideration of area

needs; requirements.

(c) Written agreement requirement; terms of

agreement.

(d) Waiver of construction costs contribution from

non-Federal interests; findings of

participation in waste treatment facilities

for general geographical area and compliance

with water quality standards; waiver of

payments in event of written agreement before

occurrence of findings.

(e) Federal payment of costs for disposal of

dredged spoil from project.

(f) Title to lands, easements, and rights-of-way;

retention by non-Federal interests; conveyance

of facilities; agreement of transferee.

(g) Federal licenses or permits; charges; remission

of charge.

(h) Provisions applicable to Great Lakes and their

connecting channels.

(i) Research, study, and experimentation program

relating to dredged spoil extended to

navigable waters, etc.; cooperative program;

scope of program; utilization of facilities

and personnel of Federal agency.

(j) Period for depositing dredged materials.

(k) Study and monitoring program.

1294. Public information and education on recycling and

reuse of wastewater, use of land treatment, and

reduction of wastewater volume.

1295. Requirements for American materials.

1296. Determination of priority of projects.

1297. Guidelines for cost-effectiveness analysis.

1298. Cost effectiveness.

(a) Congressional statement of policy.

(b) Determination by Administrator as prerequisite

to approval of grant.

(c) Value engineering review.

(d) Projects affected.

1299. State certification of projects.

1300. Pilot program for alternative water source projects.

(a) Policy.

(b) In general.

(c) Eligible entity.

(d) Selection of projects.

(e) Committee resolution procedure.

(f) Uses of grants.

(g) Cost sharing.

(h) Reports.

(i) Definitions.

(j) Authorization of appropriations.

1301. Sewer overflow control grants.

(a) In general.

(b) Prioritization.

(c) Financially distressed community.

(d) Cost-sharing.

(e) Administrative reporting requirements.

(f) Authorization of appropriations.

(g) Allocation of funds.

(h) Administrative expenses.

(i) Reports.

SUBCHAPTER III - STANDARDS AND ENFORCEMENT

1311. Effluent limitations.

(a) Illegality of pollutant discharges except in

compliance with law.

(b) Timetable for achievement of objectives.

(c) Modification of timetable.

(d) Review and revision of effluent limitations.

(e) All point discharge source application of

effluent limitations.

(f) Illegality of discharge of radiological,

chemical, or biological warfare agents,

high-level radioactive waste, or medical

waste.

(g) Modifications for certain nonconventional

pollutants.

(h) Modification of secondary treatment

requirements.

(i) Municipal time extensions.

(j) Modification procedures.

(k) Innovative technology.

(l) Toxic pollutants.

(m) Modification of effluent limitation

requirements for point sources.

(n) Fundamentally different factors.

(o) Application fees.

(p) Modified permit for coal remining operations.

1312. Water quality related effluent limitations.

(a) Establishment.

(b) Modifications of effluent limitations.

(c) Delay in application of other limitations.

1313. Water quality standards and implementation plans.

(a) Existing water quality standards.

(b) Proposed regulations.

(c) Review; revised standards; publication.

(d) Identification of areas with insufficient

controls; maximum daily load; certain effluent

limitations revision.

(e) Continuing planning process.

(f) Earlier compliance.

(g) Heat standards.

(h) Thermal water quality standards.

(i) Coastal recreation water quality criteria.

1313a. Revised water quality standards.

1314. Information and guidelines

(a) Criteria development and publication.

(b) Effluent limitation guidelines.

(c) Pollution discharge elimination procedures.

(d) Secondary treatment information; alternative

waste treatment management techniques;

innovative and alternative wastewater

treatment processes; facilities deemed

equivalent of secondary treatment.

(e) Best management practices for industry.

(f) Identification and evaluation of nonpoint

sources of pollution; processes, procedures,

and methods to control pollution.

(g) Guidelines for pretreatment of pollutants.

(h) Test procedures guidelines.

(i) Guidelines for monitoring, reporting,

enforcement, funding, personnel, and manpower.

(j) Lake restoration guidance manual.

(k) Agreements with Secretaries of Agriculture,

Army, and the Interior to provide maximum

utilization of programs to achieve and

maintain water quality; transfer of funds;

authorization of appropriations.

(l) Individual control strategies for toxic

pollutants.

(m) Schedule for review of guidelines.

1315. State reports on water quality.

1316. National standards of performance.

(a) Definitions.

(b) Categories of sources; Federal standards of

performance for new sources.

(c) State enforcement of standards of performance.

(d) Protection from more stringent standards.

(e) Illegality of operation of new sources in

violation of applicable standards of

performance.

1317. Toxic and pretreatment effluent standards.

(a) Toxic pollutant list; revision; hearing;

promulgation of standards; effective date;

consultation.

(b) Pretreatment standards; hearing; promulgation;

compliance period; revision; application to

State and local laws.

(c) New sources of pollutants into publicly owned

treatment works.

(d) Operation in violation of standards unlawful.

(e) Compliance date extension for innovative

pretreatment systems.

1318. Records and reports; inspections.

(a) Maintenance; monitoring equipment; entry;

access to information.

(b) Availability to public; trade secrets

exception; penalty for disclosure of

confidential information.

(c) Application of State law.

(d) Access by Congress.

1319. Enforcement.

(a) State enforcement; compliance orders.

(b) Civil actions.

(c) Criminal penalties.

(d) Civil penalties; factors considered in

determining amount.

(e) State liability for judgments and expenses.

(f) Wrongful introduction of pollutant into

treatment works.

(g) Administrative penalties.

1320. International pollution abatement.

(a) Hearing; participation by foreign nations.

(b) Functions and responsibilities of Administrator

not affected.

(c) Hearing board; composition; findings of fact;

recommendations; implementation of board's

decision.

(d) Report by alleged polluter.

(e) Compensation of board members.

(f) Enforcement proceedings.

1321. Oil and hazardous substance liability.

(a) Definitions.

(b) Congressional declaration of policy against

discharges of oil or hazardous substances;

designation of hazardous substances; study of

higher standard of care incentives and report

to Congress; liability; penalties; civil

actions: penalty limitations, separate

offenses, jurisdiction, mitigation of damages

and costs, recovery of removal costs,

alternative remedies, and withholding

clearance of vessels.

(c) Federal removal authority.

(d) National Contingency Plan.

(e) Civil enforcement.

(f) Liability for actual costs of removal.

(g) Third party liability.

(h) Rights against third parties who caused or

contributed to discharge.

(i) Recovery of removal costs.

(j) National Response System.

(k) Repealed.

(l) Administration.

(m) Administrative provisions.

(n) Jurisdiction.

(o) Obligation for damages unaffected; local

authority not preempted; existing Federal

authority not modified or affected.

(p) Repealed.

(q) Establishment of maximum limit of liability

with respect to onshore or offshore

facilities.

(r) Liability limitations not to limit liability

under other legislation.

(s) Oil Spill Liability Trust Fund.

1322. Marine sanitation devices.

(a) Definitions.

(b) Federal standards of performance.

(c) Initial standards; effective dates; revision;

waiver.

(d) Vessels owned and operated by the United

States.

(e) Pre-promulgation consultation.

(f) Regulation by States or political subdivisions

thereof; complete prohibition upon discharge

of sewage.

(g) Sales limited to certified devices;

certification of test device; recordkeeping;

reports.

(h) Sale and resale of properly equipped vessels;

operability of certified marine sanitation

devices.

(i) Jurisdiction to restrain violations; contempts.

(j) Penalties.

(k) Enforcement authority.

(l) Boarding and inspection of vessels; execution

of warrants and other process.

(m) Enforcement in United States possessions.

(n) Uniform national discharge standards for

vessels of Armed Forces.

1323. Federal facilities pollution control.

1324. Clean lakes.

(a) Establishment and scope of program.

(b) Financial assistance to States.

(c) Maximum amount of grant; authorization of

appropriations.

(d) Demonstration program.

1325. National Study Commission.

(a) Establishment.

(b) Membership; chairman.

(c) Contract authority.

(d) Cooperation of departments, agencies, and

instrumentalities of executive branch.

(e) Report to Congress.

(f) Compensation and allowances.

(g) Appointment of personnel.

(h) Authorization of appropriation.

1326. Thermal discharges.

(a) Effluent limitations that will assure

protection and propagation of balanced,

indigenous population of shellfish, fish, and

wildlife.

(b) Cooling water intake structures.

(c) Period of protection from more stringent

effluent limitations following discharge point

source modification commenced after October

18, 1972.

1327. Omitted.

1328. Aquaculture.

(a) Authority to permit discharge of specific

pollutants.

(b) Procedures and guidelines.

(c) State administration.

1329. Nonpoint source management programs.

(a) State assessment reports.

(b) State management programs.

(c) Administrative provisions.

(d) Approval or disapproval of reports and

management programs.

(e) Local management programs; technical

assistance.

(f) Technical assistance for States.

(g) Interstate management conference.

(h) Grant program.

(i) Grants for protecting groundwater quality.

(j) Authorization of appropriations.

(k) Consistency of other programs and projects with

management programs.

(l) Collection of information.

(m) Reports of Administrator.

(n) Set aside for administrative personnel.

1330. National estuary program.

(a) Management conference.

(b) Purposes of conference.

(c) Members of conference.

(d) Utilization of existing data.

(e) Period of conference.

(f) Approval and implementation of plans.

(g) Grants.

(h) Grant reporting.

(i) Authorization of appropriations.

(j) Research.

(k) Definitions.

SUBCHAPTER IV - PERMITS AND LICENSES

1341. Certification.

(a) Compliance with applicable requirements;

application; procedures; license suspension.

(b) Compliance with other provisions of law setting

applicable water quality requirements.

(c) Authority of Secretary of the Army to permit

use of spoil disposal areas by Federal

licensees or permittees.

(d) Limitations and monitoring requirements of

certification.

1342. National pollutant discharge elimination system.

(a) Permits for discharge of pollutants.

(b) State permit programs.

(c) Suspension of Federal program upon submission

of State program; withdrawal of approval of

State program; return of State program to

Administrator.

(d) Notification of Administrator.

(e) Waiver of notification requirement.

(f) Point source categories.

(g) Other regulations 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.

(i) Federal enforcement not limited.

(j) Public information.

(k) Compliance with permits.

(l) Limitation on permit requirement.

(m) Additional pretreatment of conventional

pollutants not required.

(n) Partial permit program.

(o) Anti-backsliding.

(p) Municipal and industrial stormwater discharges.

(q) Combined sewer overflows.

1343. Ocean discharge criteria.

(a) Issuance of permits.

(b) Waiver.

(c) Guidelines for determining degradation of

waters.

1344. Permits for dredged or fill material.

(a) Discharge into navigable waters at specified

disposal sites.

(b) Specification for disposal sites.

(c) Denial or restriction of use of defined areas

as disposal sites.

(d) "Secretary" defined.

(e) General permits on State, regional, or

nationwide basis.

(f) Non-prohibited discharge of dredged or fill

material.

(g) State administration.

(h) Determination of State's authority to issue

permits under State program; approval;

notification; transfers to State program.

(i) Withdrawal of approval.

(j) Copies of applications for State permits and

proposed general permits to be transmitted to

Administrator.

(k) Waiver.

(l) Categories of discharges not subject to

requirements.

(m) Comments on permit applications or proposed

general permits by Secretary of the Interior

acting through Director of United States Fish

and Wildlife Service.

(n) Enforcement authority not limited.

(o) Public availability of permits and permit

applications.

(p) Compliance.

(q) Minimization of duplication, needless

paperwork, and delays in issuance; agreements.

(r) Federal projects specifically authorized by

Congress.

(s) Violation of permits.

(t) Navigable waters within State jurisdiction.

1345. Disposal or use of sewage sludge.

(a) Permit.

(b) Issuance of permit; regulations.

(c) State permit program.

(d) Regulations.

(e) Manner of sludge disposal.

(f) Implementation of regulations.

(g) Studies and projects.

1346. Coastal recreation water quality monitoring and

notification.

(a) Monitoring and notification.

(b) Program development and implementation grants.

(c) Content of State and local government programs.

(d) Federal agency programs.

(e) Database.

(f) Technical assistance for monitoring floatable

material.

(g) List of waters.

(h) EPA implementation.

(i) Authorization of appropriations.

SUBCHAPTER V - GENERAL PROVISIONS

1361. Administration.

(a) Authority of Administrator to prescribe

regulations.

(b) Utilization of other agency officers and

employees.

(c) Recordkeeping.

(d) Audit.

(e) Awards for outstanding technological

achievement or innovative processes, methods,

or devices in waste treatment and pollution

abatement programs.

(f) Detail of Environmental Protection Agency

personnel to State water pollution control

agencies.

1362. Definitions.

1363. Water Pollution Control Advisory Board.

(a) Establishment; composition; terms of office.

(b) Functions.

(c) Clerical and technical assistance.

1364. Emergency powers.

(a) Emergency powers.

(b) Repealed.

1365. Citizen suits.

(a) Authorization; jurisdiction.

(b) Notice.

(c) Venue; intervention by Administrator; United

States interests protected.

(d) Litigation costs.

(e) Statutory or common law rights not restricted.

(f) Effluent standard or limitation.

(g) "Citizen" defined.

(h) Civil action by State Governors.

1366. Appearance.

1367. Employee protection.

(a) Discrimination against persons filing,

instituting, or testifying in proceedings

under this chapter prohibited.

(b) Application for review; investigation; hearing;

review.

(c) Costs and expenses.

(d) Deliberate violations by employee acting

without direction from his employer or his

agent.

(e) Investigations of employment reductions.

1368. Federal procurement.

(a) Contracts with violators prohibited.

(b) Notification of agencies.

(c) Omitted.

(d) Exemptions.

(e) Annual report to Congress.

(f) Contractor certification or contract clause in

acquisition of commercial items.

1369. Administrative procedure and judicial review.

(a) Subpenas.

(b) Review of Administrator's actions; selection of

court; fees.

(c) Additional evidence.

1370. State authority.

1371. Authority under other laws and regulations.

(a) Impairment of authority or functions of

officials and agencies; treaty provisions.

(b) Discharges of pollutants into navigable waters.

(c) Action of the Administrator deemed major

Federal action; construction of the National

Environmental Policy Act of 1969.

(d) Consideration of international water pollution

control agreements.

1372. Labor standards.

1373. Public health agency coordination.

1374. Effluent Standards and Water Quality Information

Advisory Committee.

(a) Establishment; membership; term.

(b) Action on proposed regulations.

(c) Secretary; legal counsel; compensation.

(d) Quorum; special panel.

(e) Rules.

1375. Reports to Congress; detailed estimates and

comprehensive study on costs; State estimates.

(a) Implementation of chapter objectives; status

and progress of programs.

(b) Detailed estimates and comprehensive study on

costs; State estimates, survey form.

(c) Status of combined sewer overflows in municipal

treatment works operations.

(d) Legislative recommendations on program

requiring coordination between water supply

and wastewater control plans as condition for

construction grants; public hearing.

(e) State revolving fund report.

1375a. Report on coastal recreation waters.

(a) In general.

(b) Coordination.

1376. Authorization of appropriations.

1377. Indian tribes.

(a) Policy.

(b) Assessment of sewage treatment needs; report.

(c) Reservation of funds.

(d) Cooperative agreements.

(e) Treatment as States.

(f) Grants for nonpoint source programs.

(g) Alaska native organizations.

(h) Definitions.

SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS

1381. Grants to States for establishment of revolving funds.

(a) General authority.

(b) Schedule of grant payments.

1382. Capitalization grant agreements.

(a) General rule.

(b) Specific requirements.

1383. Water pollution control revolving loan funds.

(a) Requirements for obligation of grant funds.

(b) Administration.

(c) Projects eligible for assistance.

(d) Types of assistance.

(e) Limitation to prevent double benefits.

(f) Consistency with planning requirements.

(g) Priority list requirement.

(h) Eligibility of non-Federal share of

construction grant projects.

1384. Allotment of funds.

(a) Formula.

(b) Reservation of funds for planning.

(c) Allotment period.

1385. Corrective action.

(a) Notification of noncompliance.

(b) Withholding of payments.

(c) Reallotment of withheld payments.

1386. Audits, reports, and fiscal controls; intended use

plan.

(a) Fiscal control and auditing procedures.

(b) Annual Federal audits.

(c) Intended use plan.

(d) Annual report.

(e) Annual Federal oversight review.

(f) Applicability of subchapter II provisions.

1387. Authorization of appropriations.

-COD-

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, Secs. 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 classified

first to section 466 et seq. of this title and later to section

1151 et seq. of this title. The act is shown herein, however, as

having been added by Pub. L. 92-500 without reference to such

intervening amendments because of the extensive amendment,

reorganization, and expansion of the act's provisions by Pub. L.

92-500.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 59n-1, 1272, 1293a,

1375a, 1402, 1414b, 1502, 1503, 2317, 2601, 2602, 2801 of this

title; title 7 section 1926a; title 10 section 2704; title 16

sections 460zz-2, 460lll, 471i, 1456, 4711; title 18 section 1956;

title 22 section 277d-43; title 26 section 169; title 30 sections

201, 1242, 1251, 1253, 1292, 1303, 1419; title 40 section 14507;

title 42 sections 300h-6, 300h-7, 300j-13, 300j-14, 2022, 4363a,

4365, 4370c, 4905, 5153, 6901, 6905, 6907, 6949, 7412, 8302, 9601,

9603, 9604, 9621, 10341; title 43 sections 421h, 1474b-1, 1577,

1595, 1597; title 49 section 47102.

-End-

-CITE-

33 USC SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-End-

-CITE-

33 USC Sec. 1251 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1251. Congressional declaration of goals and policy

-STATUTE-

(a) Restoration and maintenance of chemical, physical and

biological integrity of Nation's waters; national goals for

achievement of objective

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 attainable, an

interim goal of water quality which provides for the protection

and propagation 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 discharge of toxic

pollutants in toxic amounts be prohibited;

(4) it is the national policy that Federal financial assistance

be provided to construct publicly owned waste treatment works;

(5) it is the national policy that areawide waste treatment

management planning processes be developed and implemented to

assure adequate control of sources of pollutants in each State;

(6) it is the national policy that a major research and

demonstration effort be made to develop technology necessary to

eliminate the discharge of pollutants into the navigable waters,

waters of the contiguous zone, and the oceans; and

(7) it is the national policy that programs for the control of

nonpoint sources of pollution be developed and implemented in an

expeditious 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 responsibilities 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 exercise 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 sections

1342 and 1344 of this title. It is further the policy of the

Congress to support and aid research 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 connection with the prevention,

reduction, and elimination of pollution.

(c) Congressional policy toward Presidential activities with

foreign countries

It is further the policy of Congress that the President, acting

through the Secretary of State and such national and international

organizations as he determines appropriate, shall take such action

as may be necessary to insure that to the fullest extent possible

all foreign countries shall take meaningful action for the

prevention, 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 Environmental Protection Agency (hereinafter

in this chapter called "Administrator") shall administer this

chapter.

(e) Public participation in development, revision, and enforcement

of any regulation, etc.

Public participation in the development, revision, and

enforcement of any regulation, standard, effluent limitation, plan,

or program established 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 participation in such processes.

(f) Procedures utilized for implementing chapter

It is the national policy that to the maximum extent possible the

procedures utilized for implementing this chapter shall encourage

the drastic minimization of paperwork and interagency 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 chapter. It is

the further policy of Congress that nothing in this chapter shall

be construed to supersede or abrogate rights to quantities of water

which have been established by any State. Federal agencies shall

co-operate with State and local agencies to develop comprehensive

solutions to prevent, reduce and eliminate pollution in concert

with programs for managing water resources.

-SOURCE-

(June 30, 1948, ch. 758, title I, Sec. 101, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816; amended Pub. L.

95-217, Secs. 5(a), 26(b), Dec. 27, 1977, 91 Stat. 1567, 1575; Pub.

L. 100-4, title III, Sec. 316(b), Feb. 4, 1987, 101 Stat. 60.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a)(7). Pub. L. 100-4 added par. (7).

1977 - Subsec. (b). Pub. L. 95-217, Sec. 26(b), inserted

provisions expressing Congressional policy that the States manage

the construction grant program under this chapter and implement the

permit program under sections 1342 and 1344 of this title.

Subsec. (g). Pub. L. 95-217, Sec. 5(a), added subsec. (g).

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-303, Sec. 1(a), Nov. 27, 2002, 116 Stat. 2355,

provided 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 provisions set out as notes

under this section, section 1254 of this title, and section 1113 of

Title 31, Money and Finance, 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, Sec. 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, Sec. 201, Nov. 27, 2002, 116 Stat.

2358, provided that: "This title [amending section 1270 of this

title] may be cited as the 'Daniel Patrick Moynihan Lake Champlain

Basin Program Act of 2002'."

SHORT TITLE OF 2000 AMENDMENTS

Pub. L. 106-457, title II, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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 Environmental Assessment and Coastal

Health Act of 2000'."

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-431, Sec. 1, Oct. 31, 1994, 108 Stat. 4396, provided

that: "This Act [amending section 1311 of this title] may be cited

as the 'Ocean Pollution Reduction Act'."

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-596, Sec. 1, Nov. 16, 1990, 104 Stat. 3000, provided

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, Sec. 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, Sec. 301, Nov. 16, 1990, 104 Stat.

3006, provided that: "This title [enacting section 1270 of this

title, amending section 1324 of this title, and enacting provisions

set out as a note under section 1270 of this title] may be cited as

the 'Lake Champlain Special Designation Act of 1990'."

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-653, title X, Sec. 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'."

SHORT TITLE OF 1987 AMENDMENT

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 section 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'."

SHORT TITLE OF 1981 AMENDMENT

Pub. L. 97-117, Sec. 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 provisions 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'."

SHORT TITLE OF 1977 AMENDMENT

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 provisions 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

section] 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, Sec. 2, 86 Stat.

896, and amended Dec. 27, 1977, Pub. L. 95-217, Sec. 2, 91 Stat.

1566, and renumbered Sec. 519, Feb. 4, 1987, Pub. L. 100-4, title

V, Sec. 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

Section 4 of Pub. L. 92-500 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 official capacity or in relation to the

discharge of his official 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 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

effect, 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 pursuant 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

Pollution 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 specifically 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 section 3 of this Act."

SEPARABILITY

Section 512 of act June 30, 1948, ch. 758, title V, as added Oct.

18, 1972, Pub. L. 92-500, Sec. 2, 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 application of such provision to other persons

or circumstances, and the remainder of this Act [this chapter],

shall not be affected thereby."

NATIONAL SHELLFISH INDICATOR PROGRAM

Pub. L. 102-567, title III, Sec. 308, Oct. 29, 1992, 106 Stat.

4286; as amended by Pub. L. 105-362, title II, Sec. 201(b), Nov.

10, 1998, 112 Stat. 3282, provided that:

"(a) Establishment of a Research Program. - The Secretary of

Commerce, in cooperation with the Secretary of Health and Human

Services and the Administrator of the Environmental Protection

Agency, shall establish and administer a 5-year national shellfish

research 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 microbiology 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 advisory committee

established under subsection (b) and the Consortium, shall develop

a comprehensive 5-year plan for the Program which shall at a

minimum provide for -

"(1) an environmental assessment of commercial shellfish

growing areas in the United States, including an evaluation of

the relationships between indicators of fecal contamination and

human enteric pathogens;

"(2) the evaluation of such relationships with respect 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 designed for this purpose;

"(4) the evaluation of current and projected systems for human

sewage treatment in eliminating viruses and other human enteric

pathogens which accumulate 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 National 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 grantees; and

"(E) provide such other advice on the Program as is

appropriate.

"(3) The Committee shall consist of at least ten members 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 Atlantic, 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 region;

"(C) three members, of whom one shall represent each of the

following Federal agencies: the National Oceanic and Atmospheric

Administration, the Environmental Protection Agency, and the Food

and Drug Administration; and

"(D) one member representing the Shellfish Institute of North

America.

"(4) The Chairman of the Committee shall be selected from among

the Committee members described in paragraph (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 subcommittee shall, to the

extent practicable, be regionally balanced with experts who have

scientific knowledge 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 Atmospheric Administration,

Food and Drug Administration, Centers for Disease Control, National

Institutes of Health, Environmental Protection Agency, and National

Science Foundation) shall be considered for membership on the

subcommittee.

"(6) Members of the Committee and its scientific subcommittee

established under this subsection shall not be paid for serving on

the Committee or subcommittee, but shall receive travel expenses as

authorized by section 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 Consortium under which the Consortium will -

"(1) be the academic administrative organization and fiscal

agent for the Program;

"(2) award and administer such grants and subcontracts as are

approved by the Committee under subsection (b);

"(3) develop and implement a scientific peer review process for

evaluating grant and subcontractor applications prior to review

by the Committee;

"(4) in cooperation with the Secretary of Commerce and the

Committee, procure the services of a scientific 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 Oceanic 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 authorization, not more

than 5 percent of such appropriation may be used for administrative

purposes by the National Oceanic and Atmospheric Administration.

The remaining 95 percent of such appropriation shall be used to

meet the administrative and scientific objectives of the Program.

"(2) The Interstate Shellfish Sanitation Conference shall not

administer appropriations authorized under this section, but may be

reimbursed from such appropriations for its expenses in arranging

for travel, meetings, 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 payments may be

made under this Act [see Short Title of 1987 Amendment note above]

except to the extent provided in advance in appropriation Acts."

SEAFOOD PROCESSING STUDY; SUBMITTAL OF RESULTS TO CONGRESS NOT

LATER THAN JANUARY 1, 1979

Pub. L. 95-217, Sec. 74, Dec. 27, 1977, 91 Stat. 1609, provided

that the Administrator of the Environmental Protection Agency

conduct a study to examine the geographical, hydrological, and

biological characteristics of marine waters to determine the

effects of seafood processes which dispose of untreated natural

wastes into such waters and to include in this study an examination

of technologies which may be used in such processes 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 applicable 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

Section 5 of Pub. L. 92-500 authorized the Comptroller General of

the United States to conduct a study and review of the research,

pilot, and demonstration programs related to prevention and control

of water pollution conducted, supported, or assisted by any Federal

agency pursuant to any Federal law or regulation and assess

conflicts between these programs and their coordination and

efficacy, and to report to Congress thereon by Oct. 1, 1973.

INTERNATIONAL TRADE STUDY

Section 6 of Pub. L. 92-500 provided that:

"(a) The Secretary of Commerce, in cooperation with other

interested Federal agencies and with representatives of industry

and the public, shall undertake immediately 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 effects of the costs of such programs (computed to

the greatest extent practicable on an industry-by-industry basis)

on (A) the production costs of such domestic manufacturers, and

(B) the market prices of the goods produced by them;

"(2) the probable extent to which pollution abatement 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-industry basis) of foreign manufacturers will be

affected 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 implement

pollution abatement and control programs.

"(B) requires a lesser degree of pollution abatement and

control in its programs, or

"(C) in any way reimburses or otherwise subsidizes its

manufacturers for the costs of such program;

"(4) alternative means by which any competitive advantage

accruing to the products of any foreign nation 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 pursuant to this section and shall make

additional reports thereafter at such times as he deems appropriate

taking into account the development of relevant data, but not less

than once every twelve months."

INTERNATIONAL AGREEMENTS

Section 7 of Pub. L. 92-500 provided that: "The President shall

undertake to enter into international agreement to apply uniform

standards of performance for the control of the discharge and

emission 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 negotiate 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

Section 10 of Pub. L. 92-500 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 between these policies and goals, taking into account the

resources of the Nation, and to report results of his investigation

and study together with his recommendations to Congress not later

than two years after Oct. 18, 1972.

EFFICIENCY STUDY

Section 11 of Pub. L. 92-500 directed President, by utilization

of the General Accounting Office, 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 recommendations to

Congress not later than two hundred and seventy days after Oct. 18,

1972.

SEX DISCRIMINATION

Section 13 of Pub. L. 92-500 provided that: "No person in the

United States shall on the ground of sex be excluded from

participation in, be denied the benefits of, or be subjected to

discrimination under any program or activity receiving Federal

assistance 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 exclusive and will not

prejudice or cut off any other legal remedies available to a

discriminatee."

-EXEC-

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, control, and abatement of

environmental pollution at federal 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 SECRETARY OF STATE

RESPECTING THE NEGOTIATION OF INTERNATIONAL AGREEMENTS RELATING TO

THE ENHANCEMENT OF THE ENVIRONMENT

Ex. Ord. No. 11742, Oct. 23, 1973, 38 F.R. 29457, provided:

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

Environmental Protection Agency, and other appropriate Federal

agencies, to perform, without the approval, ratification, 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 (Public Law 92-500; 86 Stat. 898) with respect to

international agreements relating to the enhancement of the

environment.

Richard Nixon.

-CROSS-

DEFINITION OF "ADMINISTRATOR"

Section 1(d) of Pub. L. 100-4 provided that: "For purposes of

this Act [see Short Title of 1987 Amendment note above], the term

'Administrator' means the Administrator of the Environmental

Protection Agency."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1267, 1268, 1300, 1311,

1377 of this title.

-End-

-CITE-

33 USC Sec. 1252 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1252. Comprehensive programs for water pollution control

-STATUTE-

(a) Preparation and development

The Administrator shall, after careful investigation, and in

cooperation with other Federal agencies, State water pollution

control agencies, interstate agencies, and the municipalities and

industries involved, prepare or develop comprehensive programs for

preventing, reducing, or eliminating the pollution of the navigable

waters and ground waters and improving the sanitary condition of

surface and underground waters. In the development of such

comprehensive programs due regard shall be given to the

improvements 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 section, 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,

industrial wastes, or substance which may adversely affect such

waters.

(b) Planning for reservoirs; storage for regulation of streamflow

(1) In the survey or planning of any reservoir by the Corps of

Engineers, Bureau of Reclamation, or other Federal agency,

consideration shall be given to inclusion of storage for regulation

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 determined by the Administrator, and

his views on these matters shall be set forth in any report or

presentation to Congress proposing authorization 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 regulation

of streamflow in a manner which will insure 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 chapter 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 regulation of streamflow for the purpose of water quality

control unless the Administrator shall recommend its inclusion and

such reservoir storage capacity shall not exceed such proportion of

the total storage required for the water quality control 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

involved, make a grant to pay not to exceed 50 per centum of the

administrative expenses of a planning agency for a period not to

exceed three years, which period shall begin after October 18,

1972, if such agency provides for adequate representation of

appropriate State, interstate, local, or (when appropriate)

international interests in the basin or portion thereof involved

and is capable of developing an effective, comprehensive water

quality control plan for a basin or portion thereof.

(2) Each planning agency receiving a grant under this subsection

shall develop a comprehensive pollution control plan for the basin

or portion thereof which -

(A) is consistent with any applicable water quality standards

effluent and other limitations, and thermal discharge regulations

established 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 industrial use of such works;

(C) recommends maintenance and improvement of water quality

within the basin or portion thereof and recommends methods of

adequately financing those facilities as may be necessary to

implement the plan; and

(D) as appropriate, is developed in cooperation with, and is

consistent with any comprehensive 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 pursuant to section 1313(e) of this title.

(3) For the purposes of this subsection the term "basin"

includes, but is not limited to, rivers and their tributaries,

streams, coastal waters, sounds, estuaries, bays, lakes, and

portions thereof as well as the lands drained thereby.

-SOURCE-

(June 30, 1948, ch. 758, title I, Sec. 102, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 817; amended Pub. L. 95-91,

title IV, Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583; Pub. L.

95-217, Sec. 5(b), Dec. 27, 1977, 91 Stat. 1567; Pub. L. 104-66,

title II, Sec. 2021(a), Dec. 21, 1995, 109 Stat. 726.)

-MISC1-

AMENDMENTS

1995 - Subsec. (d). Pub. L. 104-66 struck out subsec. (d) which

read as follows: "The Administrator, after consultation with the

States, and River Basin Commissions established under the Water

Resources Planning Act, shall submit a report to Congress on or

before July 1, 1978, which analyzes the relationship between

programs under this chapter, and the programs by which State and

Federal agencies allocate quantities of water. Such report shall

include recommendations concerning the policy in section 1251(g) of

this title to improve 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).

-TRANS-

TRANSFER OF FUNCTIONS

"Federal Energy Regulatory Commission" substituted for "Federal

Power Commission" in subsec. (b)(6) on authority of Pub. L. 95-91,

title IV, Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583, which is

classified to section 7172(a)(1)(A) of Title 42, The Public Health

and Welfare.

-EXEC-

EXECUTIVE ORDER NO. 10014

Ex. Ord. No. 10014, Nov. 3, 1948, 13 F.R. 6601, which related 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1252a, 1375 of this

title.

-End-

-CITE-

33 USC Sec. 1252a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1252a. Reservoir projects, water storage; modification;

storage for other than for water quality, opinion of Federal

agency, committee resolutions of approval; provisions

inapplicable to projects with certain prescribed water quality

benefits in relation to total project benefits

-STATUTE-

In the case of any reservoir project authorized for construction

by the Corps of Engineers, Bureau of Reclamation, or other Federal

agency when the Administrator of the Environmental Protection

Agency determines pursuant to section 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 accordingly 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 attributable 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.

-SOURCE-

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

-COD-

CODIFICATION

Section was not enacted as part of the Federal Water Pollution

Control Act which comprises this chapter.

-End-

-CITE-

33 USC Sec. 1253 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1253. Interstate cooperation and uniform laws

-STATUTE-

(a) The Administrator shall encourage cooperative activities by

the States for the prevention, reduction, and elimination of

pollution, encourage the enactment of improved and, so far as

practicable, uniform State laws relating to the prevention,

reduction, and elimination of pollution; 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

conflict with any law or treaty of the United States, for (1)

cooperative effort and mutual assistance for the prevention and

control of pollution 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

agreements 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.

-SOURCE-

(June 30, 1948, ch. 758, title I, Sec. 103, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 818.)

-End-

-CITE-

33 USC Sec. 1254 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1254. Research, investigations, training, and information

-STATUTE-

(a) Establishment of national programs; cooperation;

investigations; water quality surveillance system; reports

The Administrator shall establish national programs for the

prevention, reduction, and elimination of pollution and as part of

such programs shall -

(1) in cooperation with other Federal, State, and local

agencies, conduct and promote the coordination and acceleration

of, research, investigations, experiments, training,

demonstrations, surveys, and studies relating to the causes,

effects, extent, prevention, reduction, and elimination of

pollution;

(2) encourage, cooperate with, and render technical services to

pollution control agencies and other appropriate public or

private agencies, institutions, and organizations, and

individuals, including the general public, in the conduct of

activities referred to in paragraph (1) of this subsection;

(3) conduct, in cooperation with State water pollution control

agencies and other interested agencies, organizations and

persons, public investigations concerning the pollution of any

navigable waters, and report on the results of such

investigations;

(4) establish advisory committees composed of recognized

experts in various aspects of pollution and representatives of

the public to assist in the examination and evaluation of

research progress and proposals and to avoid duplication of

research;

(5) in cooperation with the States, and their political

subdivisions, and other Federal agencies establish, equip, and

maintain a water quality surveillance system for the purpose of

monitoring the quality of the navigable waters 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

Administration, 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 develop the most effective practicable tools

and techniques for measuring the social and economic 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 publications and other

appropriate means, the results of and other information,

including appropriate recommendations by him in connection

therewith, pertaining to such research and other activities

referred to in paragraph (1) of subsection (a) of this section;

(2) cooperate with other Federal departments and agencies,

State water pollution control agencies, interstate agencies,

other public and private agencies, institutions, organizations,

industries involved, and individuals, in the preparation and

conduct of such research and other activities referred to in

paragraph (1) of subsection (a) of this section;

(3) make grants to State water pollution control agencies,

interstate agencies, other public or nonprofit private agencies,

institutions, organizations, and individuals, for purposes 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 5 of title 41, referred to in

paragraph (1) of subsection (a) of this section;

(5) establish and maintain research fellowships at public or

nonprofit private educational institutions or research

organizations;

(6) collect and disseminate, in cooperation with other Federal

departments and agencies, and with other public or private

agencies, institutions, and organizations having related

responsibilities, basic data on chemical, physical, 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 prevention, 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 scientific studies on, the harmful effects on the health

or welfare of persons caused by pollutants. 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 measurement of effects of

pollutants; augmented streamflow

In carrying out the provisions of this section the Administrator

shall develop and demonstrate under varied conditions (including

conducting such basic and applied research, studies, and

experiments as may be necessary):

(1) Practicable means of treating municipal sewage, and other

waterborne wastes to implement 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

susceptible 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 facilities, including, but not limited to,

one to be located 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 Alaska, for the conduct

of research, investigations, experiments, field demonstrations and

studies, and training relating to the prevention, reduction 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 carried out. In

conjunction with the development of criteria under section 1343 of

this title, the Administrator shall construct the facilities

authorized 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, industrial, 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 maintain existing and future treatment

works and related activities, and for the purpose of enhancing

substantially the proficiency of those engaged in such activities,

the Administrator shall finance pilot programs, in cooperation with

State and interstate agencies, municipalities, educational

institutions, and other organizations and individuals, of manpower

development and training and retraining of persons in, on entering

into, the field of operation and maintenance 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

private agencies or institutions for the development and

implementation of such a program.

(2) The Administrator is authorized to enter into agreements with

public and private agencies and institutions, and individuals to

develop and maintain an effective system for forecasting the supply

of, and demand for, various professional 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 chapter, the

Administrator is authorized to -

(A) make grants to public or private agencies 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 5 of title 41;

(B) establish and maintain research fellowships 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 established under

paragraph (1) of this subsection, training in technical matters

relating to the causes, prevention, reduction, and elimination of

pollution for personnel of public 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

effectiveness of such actions, and setting forth the number of

persons trained, the occupational categories for which training was

provided, the effectiveness of other Federal, State, and local

training programs in this field, together with estimates of future

needs, recommendations on improving training programs, and such

other information and recommendations, including legislative

recommendations, as he deems appropriate.

(h) Lake pollution

The Administrator is authorized to enter into contracts with, or

make grants to, public or private agencies and organizations and

individuals for (A) the purpose of developing and demonstrating new

or improved methods for the prevention, removal, reduction, and

elimination of pollution in lakes, including the undesirable

effects of nutrients and vegetation, and (B) the construction of

publicly owned research facilities 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, experiments, and

demonstrations as he deems appropriate, 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

hazardous substances spills.

In carrying out this subsection, the Administrator may enter into

contracts with, or make grants to, public or private agencies and

organizations 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

demonstrations as he deems appropriate relative to equipment which

is to be installed on board a vessel and is designed to receive,

retain, treat, or discharge 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 recreational vessels. The Secretary of the department in

which the Coast Guard is operating shall report to Congress the

results of such research, studies, experiments, and demonstrations

prior to the effective date of any regulations established under

section 1322 of this title. In carrying out this subsection the

Secretary of the department in which the Coast Guard is operating

may enter into contracts with, or make grants to, public or private

organizations and individuals.

(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

Administrator may acquire land and interests therein by purchase,

with appropriated or donated funds, by donation, or by exchange for

acquired 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 equalized by the payment

of cash to the grantor or to the Administrator as the circumstances

require.

(g742l) Collection and dissemination of scientific knowledge on

effects and control of pesticides in water

(1) The Administrator shall, after consultation with appropriate

local, State, and Federal agencies, public and private

organizations, and interested 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 varying quantities. He shall revise and

add to such information whenever necessary to reflect developing

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 together with his recommendations for

any necessary 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 generated, the nature and quality

of such oil, present collecting methods and disposal practices, and

alternate uses of such oil; (B) the long-term, chronic biological

effects of the disposal 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 procurement, on a priority basis, of

products made from such oil. In conducting such study, the

Administrator shall consult with affected industries and other

persons.

(2) The Administrator shall report the preliminary 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 organizations, institutions, and

individuals, conduct and promote, and encourage contributions to,

continuing comprehensive studies of the effects of pollution,

including sedimentation, in the estuaries and estuarine zones of

the United States on fish and wildlife, on sport and commercial

fishing, on recreation, on water supply and water power, and on

other beneficial purposes. Such studies shall also consider the

effect of demographic trends, the exploitation of mineral resources

and fossil fuels, land and industrial development, navigation,

flood and erosion control, and other uses of estuaries and

estuarine zones upon the pollution of the waters therein.

(2) In conducting such studies, the Administrator shall assemble,

coordinate, and organize all existing pertinent information on the

Nation's estuaries and estuarine zones; carry out a program of

investigations and surveys to supplement existing information in

representative estuaries and estuarine zones; and identify the

problems and areas where further research and study are required.

(3) The Administrator shall submit to Congress, 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 transitional 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 unimpaired natural connection with open sea and within which

the sea water is measurably diluted with fresh water derived from

land drainage.

(g742o) Methods of reducing total flow of sewage and unnecessary

water consumption; reports

(1) The Administrator shall conduct research and investigations

on devices, systems, incentives, pricing policy, and other methods

of reducing 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 directed to

develop devices, systems, policies, and methods capable of

achieving the maximum reduction of unnecessary water consumption.

(2) The Administrator shall report the preliminary results of

such studies and investigations to the Congress within one year

after October 18, 1972, and annually thereafter in the report

required under subsection (a) of section 1375 of this title. Such

report shall include recommendations for any legislation that may

be required to provide for the adoption and use of devices,

systems, policies, or other methods of reducing 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, policies, or other methods and also shall

reflect estimates 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 cooperation with the Secretary of

Agriculture, other Federal agencies, and the States, carry out a

comprehensive study and research program to determine new and

improved methods and the better application of existing methods of

preventing, reducing, and eliminating pollution from agriculture,

including the legal, economic, and other implications of the use of

such methods.

(q) Sewage in rural areas; national clearinghouse for alternative

treatment information; clearinghouse on small flows

(1) The Administrator shall conduct a comprehensive program of

research and investigation and pilot project implementation into

new and improved methods of preventing, reducing, storing,

collecting, treating, or otherwise eliminating pollution from

sewage in rural and other areas where collection of sewage in

conventional, communitywide sewage collection systems is

impractical, uneconomical, or otherwise infeasible, or where soil

conditions or other factors preclude the use of septic tank and

drainage field systems.

(2) The Administrator shall conduct a comprehensive program of

research and investigation and pilot project implementation into

new and improved methods for the collection and treatment of sewage

and other liquid wastes combined 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, demonstrations, and other projects funded

under this chapter related to paragraph (1) of this subsection 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 methods 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, institutions, universities, and persons.

(4) Small flows clearinghouse. - Notwithstanding 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 obligated 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

Protection Agency to collect and disseminate information 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 referred 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 education (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

relationship between river uses and land uses, and the effects of

development within river basins on river systems and on the value

of water resources 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 private organizations, conduct continuing

comprehensive studies of the effects and methods of control of

thermal discharges. In evaluating alternative 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 adverse effects and maximizing beneficial

effects of thermal discharges. The results of these studies shall

be reported by the Administrator as soon as practicable, but not

later than 270 days after October 18, 1972, and shall be made

available 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 fiscal year ending June 30,

1973, the fiscal year ending 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) of this

section, except that such authorizations are not for any research,

development, or demonstration activity 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 fiscal years 1986

through 1990, for carrying out the provisions of subsection (g)(1)

of this section; (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 fiscal years 1986 through 1990, for carrying out the provisions

of subsection (g)(2) of this section; (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) of this section; (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) of this

section; 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 carrying out the provisions of subsection (t) of this

section.

(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 officials (including local health officials), the

Administrator 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 information

for use in developing -

(1) an assessment of potential human health risks resulting

from exposure to pathogens in coastal recreation waters,

including nongastrointestinal 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 criteria 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.

-SOURCE-

(June 30, 1948, ch. 758, title I, Sec. 104, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 819; amended Pub. L.

93-207, Sec. 1(1), Dec. 28, 1973, 87 Stat. 906; Pub. L. 93-592,

Sec. 1, Jan. 2, 1975, 88 Stat. 1924; Pub. L. 95-217, Secs. 4(a),

(b), 6, 7, Dec. 27, 1977, 91 Stat. 1566, 1567; Pub. L. 95-576, Sec.

1(a), Nov. 2, 1978, 92 Stat. 2467; Pub. L. 96-88, title V, Sec.

509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 96-483, Sec. 1(a),

Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100-4, title I, Secs. 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, Sec. 501(a)(1),

(d)(2)(A), Nov. 10, 1998, 112 Stat. 3283; Pub. L. 106-284, Sec.

3(a), Oct. 10, 2000, 114 Stat. 871; Pub. L. 107-303, title III,

Sec. 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)

-COD-

CODIFICATION

In subsecs. (b)(4) and (g)(3)(A), "section 3324(a) and (b) of

title 31" substituted for reference to section 3648 of the Revised

Statutes [31 U.S.C. 529] on authority of Pub. L. 97-258, Sec. 4(b),

Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted

Title 31, Money and Finance.

-MISC1-

AMENDMENTS

2002 - Subsecs. (a)(5), (n)(3), (4), (o)(2). Pub. L. 107-303

repealed Pub. L. 105-362, Sec. 501(a), (d). See 1998 Amendment

notes below.

2000 - Subsec. (v). Pub. L. 106-284 added subsec. (v).

1998 - Subsec. (a)(5). Pub. L. 105-362, Sec. 501(d)(2)(A)(i),

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 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, Sec. 501(a)(1), which

directed 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, Sec. 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 section 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, Sec. 102, added par. (4).

Subsec. (u). Pub. L. 100-4, Sec. 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, respectively; 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 appropriation of

not to exceed $14,039,000 for fiscal year ending Sept. 30, 1980 and

prohibited use of authorizations for any research, development, or

demonstration activity pursuant to provisions of this section.

1977 - Subsec. (n)(3). Pub. L. 95-217, Sec. 6, substituted "any

six-year period" for "any three year period".

Subsec. (q)(3). Pub. L. 95-217, Sec. 7, added par. (3).

Subsec. (u)(2). Pub. L. 95-217, Sec. 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 fiscal year

1980," for "1975".

Subsec. (u)(3). Pub. L. 95-217, Sec. 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 fiscal year

1980," for "1975".

1975 - Subsec. (u)(1). Pub. L. 93-592, Sec. 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, Sec. 1(b), substituted "fiscal

years 1973, 1974, and 1975" for "fiscal years 1973 and 1974".

Subsec. (u)(3). Pub. L. 93-592, Sec. 1(c), substituted "fiscal

years 1973, 1974, and 1975" for "fiscal year 1973".

Subsec. (u)(4), (5), (6). Pub. L. 93-592, Sec. 1(d)-(f),

substituted "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-

CHANGE OF NAME

"United States Geological Survey" substituted for "Geological

Survey" in subsec. (a)(5) pursuant to provision 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" substituted for

"Secretary of Health, Education, and Welfare" in subsec. (c)

pursuant to section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

-MISC2-

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-303, title III, Sec. 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 (Public 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) [amending 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 amendments made by subsections (a), (b), (c),

and (d) of section 501 of the Federal Reports Elimination Act of

1998 (Public Law 105-362; 112 Stat. 3283) had not been enacted."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating 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

Security, and the Department of Homeland Security Reorganization

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 Department, related to

compliance with this chapter with respect to pre-construction,

construction, and initial operation of transportation system for

Canadian and Alaskan natural gas were transferred to the Federal

Inspector, Office of Federal Inspector for the Alaska Natural Gas

Transportation System, until the first anniversary of date of

initial operation of the Alaska Natural Gas Transportation System,

see Reorg. Plan No. 1 of 1979, Secs. 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 authority 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.

-MISC3-

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.,

AGENCIES

Pub. L. 95-308, Sec. 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

appropriate Congressional committees.

-EXEC-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1254a, 1255, 1263, 1314,

1322, 1330, 1376, 1377 of this title.

-End-

-CITE-

33 USC Sec. 1254a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1254a. Research on effects of pollutants

-STATUTE-

In carrying out the provisions of section 1254(a) of this title,

the Administrator shall conduct research on the harmful effects on

the health and welfare of persons caused by pollutants 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 reduce and

remove these pollutants from the relevant affected aquatic species

so as to restore and enhance these valuable resources.

-SOURCE-

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

-COD-

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.

-CROSS-

DEFINITION

Administrator means the Administrator of the Environmental

Protection Agency, see section 1(d) of Pub. L. 100-4, set out as a

note under section 1251 of this title.

-End-

-CITE-

33 USC Sec. 1255 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1255. Grants for research and development

-STATUTE-

(a) Demonstration projects covering storm waters, 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 purpose 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 advanced waste treatment

and water purification methods (including the temporary use of

new or improved chemical additives which provide substantial

immediate improvements to existing treatment processes), or new

or improved 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 treatment and environmental

enhancement techniques to control pollution in river basins

The Administrator is authorized to make grants to any State or

States or interstate agency 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 prevention of water

pollution by industry

In order to carry out the purposes of section 1311 of this title,

the Administrator is authorized to (1) conduct in the Environmental

Protection 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 determines that such

project will develop or demonstrate a new or improved method of

treating industrial wastes or otherwise prevent pollution by

industry, which method shall have industrywide 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,

including, but not limited to, elimination of runoff of

pollutants and the effects of pollutants from inplace or

accumulated sources;

(2) advanced waste treatment methods applicable 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 environmental pollution; and

(3) improved methods and procedures to identify and measure the

effects of pollutants on the chemical, physical, and biological

integrity of water, including those pollutants created by new

technological developments.

(e) Research and demonstration projects covering agricultural

pollution and pollution from sewage in rural areas; dissemination

of information

(1) The Administrator is authorized to (A) make, in consultation

with the Secretary of Agriculture, 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

agricultural industry.

(2) The Administrator is authorized, (A) in consultation with

other interested Federal agencies, to make grants for demonstration

projects with respect to new and improved methods of preventing,

reducing, storing, collecting, treating, or otherwise eliminating

pollution from sewage in rural and other areas where collection of

sewage in conventional, community-wide sewage collection systems is

impractical, uneconomical, 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 section shall be

subject to the following limitations:

(1) No grant shall be made for any project unless such project

shall have been approved by the appropriate State water pollution

control agency or agencies and by the Administrator;

(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) of this section.

(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 authorized 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 appropriations at least 10

per centum of the funds actually appropriated in each fiscal year

shall be available only for the purposes of subsection (e) of this

section.

(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

received 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 comparable to those for

projects assisted under subchapter II of this chapter.

(j) Assistance for recycle, reuse, and land treatment 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 persons (other than employees of the grantee), and

costs of disseminating technical information on the operation of

the treatment works.

-SOURCE-

(June 30, 1948, ch. 758, title I, Sec. 105, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 825; amended Pub. L.

93-592, Sec. 2, Jan. 2, 1975, 88 Stat. 1925; Pub. L. 95-217, Secs.

8, 9, Dec. 27, 1977, 91 Stat. 1568.)

-MISC1-

AMENDMENTS

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

(j).

1975 - Subsec. (h). Pub. L. 93-592 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,".

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of Agriculture, insofar as they involve lands and

programs under jurisdiction of that Department, related to

compliance with this chapter with respect to pre-construction,

construction, and initial operation of transportation system for

Canadian and Alaskan natural gas were transferred to the Federal

Inspector, Office of Federal Inspector for the Alaska Natural Gas

Transportation System, until the first anniversary of date of

initial operation of the Alaska Natural Gas Transportation System,

see Reorg. Plan No. 1 of 1979, Secs. 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 authority 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1254, 1263, 1376 of this

title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

33 USC Sec. 1256 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1256. Grants for pollution control programs

-STATUTE-

(a) Authorization of appropriations for State and interstate

programs

There are hereby authorized to be appropriated 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 officers 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) of this section, 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 carrying 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 adequate emergency and contingency plans

Beginning in fiscal year 1974 the Administrator shall not make

any grant under this section to any State which has not provided or

is not carrying out as a part of its program -

(1) the establishment and operation of appropriate devices,

methods, systems, and procedures 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 practicable, ground waters including biological

monitoring; and provision for annually updating such data and

including it in the report required 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, including the criteria used by the

State in determining priority of treatment works; and

(B) such additional information, data, and reports as the

Administrator may require.

(2) No federally assumed enforcement as defined in section

1319(a)(2) of this title is in effect with respect to such State

or interstate agency.

(3) Such State (or interstate agency) submits 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, reduction, and

elimination of pollution in accordance with purposes and

provisions of this chapter in such form and content as the

Administrator may prescribe.

(g) Reallotment of unpaid allotments

Any sums allotted under subsection (b) of this section in any

fiscal year which are not paid shall be reallotted by the

Administrator in accordance with regulations promulgated by him.

-SOURCE-

(June 30, 1948, ch. 758, title I, Sec. 106, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 827; amended Pub. L.

93-592, Sec. 3, Jan. 2, 1975, 88 Stat. 1925; Pub. L. 94-273, Sec.

3(20), Apr. 21, 1976, 90 Stat. 377; Pub. L. 95-217, Sec. 4(c), Dec.

27, 1977, 91 Stat. 1566; Pub. L. 96-483, Sec. 1(b), Oct. 21, 1980,

94 Stat. 2360; Pub. L. 100-4, title I, Sec. 101(b), Feb. 4, 1987,

101 Stat. 9.)

-MISC1-

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 authorization 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 fiscal 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 "October" 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;".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1376, 1377 of this title.

-End-

-CITE-

33 USC Sec. 1257 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1257. Mine water pollution control demonstrations

-STATUTE-

(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 abandoned

mining operations and other environmental pollution affecting water

quality within all or part of a watershed or river basin, including

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 control, and other pollution affecting

water quality, including techniques that demonstrate the

engineering and economic feasibility and practicality of using

sewage sludge materials and other municipal wastes to diminish or

prevent pollution affecting water quality from acid, sedimentation,

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 region (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 adversely 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 insure 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 section, which sum shall be available until

expended.

-SOURCE-

(June 30, 1948, ch. 758, title I, Sec. 107, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 828.)

-COD-

CODIFICATION

In subsec. (b), "section 14102(a)(1) and (b) of title 40"

substituted for "section 403 of the Appalachian Regional

Development Act of 1965, as amended" and "subtitle IV of title 40"

substituted for "the Appalachian Regional Development Act of 1965,

as amended" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21,

2002, 116 Stat. 1303, the first section of which enacted Title 40,

Public Buildings, Property, and Works.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1376 of this title.

-End-

-CITE-

33 USC Sec. 1257a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1257a. State demonstration programs for cleanup of abandoned

mines for use as waste disposal sites; authorization of

appropriations

-STATUTE-

The Administrator of the Environmental Protection 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 accordance with all applicable laws and regulations.

-SOURCE-

(Pub. L. 96-483, Sec. 12, Oct. 21, 1980, 94 Stat. 2363.)

-COD-

CODIFICATION

Section was not enacted as part of the Federal Water Pollution

Control Act which comprises this chapter.

-End-

-CITE-

33 USC Sec. 1258 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1258. Pollution control in the Great Lakes

-STATUTE-

(a) Demonstration projects

The Administrator, in cooperation with other Federal departments,

agencies, and instrumentalities 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, including, but not limited to, land or interests

therein that is needed for the project, and personal 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 subsections (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 rehabilitation and environmental

repair of Lake Erie. Prior to the initiation of detailed

engineering and design, the program, along with the specific

recommendations of the Chief of Engineers, and recommendations for

its financing, shall be submitted to the Congress for statutory

approval. 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 cooperation with the

Environmental Protection Agency, 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 advanced

waste treatment technology and land disposal systems including

aerated treatment-spray irrigation technology and will also include

provisions for the disposal of solid wastes, including 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

dredgings.

(e) Authorization of appropriations for Lake Erie demonstration

program

There is authorized to be appropriated $5,000,000 to carry out

the provisions of subsection (d) of this section, which sum shall

be available until expended.

-SOURCE-

(June 30, 1948, ch. 758, title I, Sec. 108, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 828.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1376 of this title.

-End-

-CITE-

33 USC Sec. 1259 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1259. Training grants and contracts

-STATUTE-

(a) The Administrator is authorized to make grants to or

contracts with institutions of higher education, or combinations of

such institutions, to assist them in planning, developing,

strengthening, improving, or carrying out programs or projects for

the preparation of undergraduate 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 expansion of programs or

projects for training persons in the operation and maintenance of

treatment works;

(B) training and retraining of faculty members;

(C) conduct of short-term or regular session institutes for

study by persons engaged in, or preparing to engage in, the

preparation of students preparing to enter an occupation

involving the operation and maintenance of treatment works;

(D) carrying out innovative and experimental programs of

cooperative education involving alternate periods of full-time or

part-time academic study at the institution and periods of

full-time or part-time employment involving the operation and

maintenance of treatment works; and

(E) research into, and development of, methods of training

students or faculty, including the preparation of teaching

materials and the planning of curriculum.

(b)(1) The Administrator may pay 100 per centum 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 instructional 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 require

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 operation 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 training 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 section 1285 of this title, except that

in no event shall the Federal cost of any such training facilities

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 enactment of the

Clean Water Act of 1977 shall be eligible to have its grant

increased by funds made available under such Act.

-SOURCE-

(June 30, 1948, ch. 758, title I, Sec. 109, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 829; amended Pub. L.

95-217, Sec. 10, Dec. 27, 1977, 91 Stat. 1568.)

-REFTEXT-

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 classification of this Act to the Code,

see Short Title of 1977 Amendment note set out under section 1251

of this title and Tables.

-MISC1-

AMENDMENTS

1977 - Subsec. (b)(1). Pub. L. 95-217, Sec. 10(c), (d),

substituted "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 instructional

material" for "cost of construction of a treatment works required

for a facility to train and upgrade waste treatment works operation

and maintenance personnel".

Subsec. (b)(2). Pub. L. 95-217, Sec. 10(e), authorized

Administrator to make an additional grant for a supplemental

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, Sec. 10(a), substituted

"$500,000" for "$250,000".

Subsec. (b)(4). Pub. L. 95-217, Sec. 10(b), added par. (4).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1260, 1262, 1375 of this

title.

-End-

-CITE-

33 USC Sec. 1260 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1260. Applications; allocation

-STATUTE-

(1) A grant or contract authorized by section 1259 of this title

may be made only upon application to the Administrator at such time

or times and containing such information as he may prescribe,

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 accounting 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 necessary to assure the correctness and

verification 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

throughout 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 Administrator, and subject to the terms and

conditions set forth in an application approved under paragraph

(1), to pay part of the compensation of students employed in

connection with the operation 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 arrangements with institutions of higher education for the

full-time, part-time, or temporary employment, whether in the

competitive or excepted service, of students enrolled in programs

set forth in applications approved under paragraph (1).

-SOURCE-

(June 30, 1948, ch. 758, title I, Sec. 110, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 830.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1261, 1262, 1375 of this

title.

-End-

-CITE-

33 USC Sec. 1261 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1261. Scholarships

-STATUTE-

(1) The Administrator is authorized to award scholarships in

accordance with the provisions of this section for undergraduate

study by persons 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

determine but not to exceed four academic years.

(2) The Administrator shall allocate scholarships under this

section among institutions of higher education with programs

approved under the provisions of this section for the use of

individuals accepted into such programs in such manner and

according to such plan as will insofar 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 objective 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 quality;

(C) that the application describes the relation of such program

to any program, activity, research, or development set forth by

the applicant in an application, if any, submitted pursuant to

section 1260 of this title; and

(D) that the application contains satisfactory 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 institution 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 reasonable

continuing efforts to encourage recipients of scholarships under

this section, enrolled in such program, to enter occupations

involving the operation and maintenance of treatment works upon

completing the program.

(4)(A) The Administrator shall pay to persons awarded

scholarships under this section such stipends (including such

allowances for subsistence and other expenses for such persons and

their dependents) as he may determine to be consistent with

prevailing practices under comparable 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 comparable federally supported programs.

(5) A person awarded a scholarship under the provisions of this

section shall continue to receive 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 employment approved by the

Administrator by or pursuant to regulation.

(6) The Administrator shall by regulation provide that any person

awarded a scholarship under this section shall agree in writing to

enter and remain in an occupation involving the design, operation,

or maintenance of treatment works for such period after completion

of his course of studies as the Administrator determines

appropriate.

-SOURCE-

(June 30, 1948, ch. 758, title I, Sec. 111, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 831.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1260, 1262, 1375 of this

title.

-End-

-CITE-

33 USC Sec. 1262 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1262. Definitions and authorizations

-STATUTE-

(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 nationally recognized

accrediting agency or association approved by the Administrator for

this purpose. For purposes of this subsection, the Administrator

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 academic 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

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,

$7,000,000 for the fiscal 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.

-SOURCE-

(June 30, 1948, ch. 758, title I, Sec. 112, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 832; amended Pub. L.

93-592, Sec. 4, Jan. 2, 1975, 88 Stat. 1925; Pub. L. 95-217, Sec.

4(d), Dec. 27, 1977, 91 Stat. 1566; Pub. L. 96-483, Sec. 1(c), Oct.

21, 1980, 94 Stat. 2360; Pub. L. 100-4, title I, Sec. 101(c), Feb.

4, 1987, 101 Stat. 9; Pub. L. 105-244, title I, Sec. 102(a)(11),

Oct. 7, 1998, 112 Stat. 1620.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-244 substituted "section 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 fiscal year for each of the fiscal

years 1986 through 1990," after "1982,".

1980 - Subsec. (c). Pub. L. 96-483 inserted authorization of the

sum of $7,000,000 for each of fiscal years ending 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,".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1376 of this title.

-End-

-CITE-

33 USC Sec. 1263 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1263. Alaska village demonstration projects

-STATUTE-

(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

methods to provide for central community facilities for safe water

and eliminate or control of pollution in those native villages of

Alaska without such facilities. Such project shall include

provisions 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 providing such safe water and such

elimination or control of pollution for all native villages in such

State.

(b) Utilization of personnel and facilities of Department 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 Department

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 addition, 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 Congress

The Administrator is authorized to coordinate with the Secretary

of the Department of Health and Human Services, the Secretary of

the Department 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 agencies he

may deem appropriate to conduct a joint study with representatives

of the State of Alaska and the appropriate Native organizations (as

defined in Public Law 92-203) to develop a comprehensive program

for achieving adequate sanitation 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,

together 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 recommended

administrative actions, procedures, and any proposed legislation

necessary to implement the recommendations of the study no later

than June 30, 1980.

(f) Technical, financial, and management assistance

The Administrator is authorized to provide technical, financial

and management assistance for operation and maintenance of the

demonstration projects constructed under this section, until such

time as the recommendations of subsection (e) of this section are

implemented.

(g) "Village" and "sanitation services" defined

For the purpose of this section, the term "village" shall mean an

incorporated or unincorporated community with a population of ten

to six hundred people living within a two-mile radius. The term

"sanitation services" shall mean water supply, sewage disposal,

solid waste disposal and other services necessary to maintain

generally accepted standards of personal hygiene and public health.

-SOURCE-

(June 30, 1948, ch. 758, title I, Sec. 113, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 832; amended Pub. L.

95-217, Sec. 11, Dec. 27, 1977, 91 Stat. 1568; Pub. L. 96-88, title

V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-

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

(Sec. 1601 et seq.) of Title 43, Public Lands. For complete

classification of this Act to the Code, see Short Title note set

out under section 1601 of Title 43 and Tables.

-COD-

CODIFICATION

Subsec. (c) authorized the Administrator to report to Congress

the results of the demonstration project accompanied by his

recommendations for the establishment of a statewide project not

later than July 1, 1973.

-MISC1-

AMENDMENTS

1977 - Subsec. (d). Pub. L. 95-217, Sec. 11(b), authorized

additional appropriations of not to exceed $200,000 for the fiscal

year ending Sept. 30, 1978, and $220,000, for the fiscal year

ending Sept. 30, 1979, to carry out this section.

Subsecs. (e) to (g). Pub. L. 95-217, Sec. 11(a), added subsecs.

(e), (f), and (g).

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsec. (b), and

"Secretary of the Department of Health and Human Services"

substituted for "Secretary 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 Committee 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 Congress.

-MISC2-

CORPS CAPABILITY STUDY, ALASKA

Pub. L. 104-303, title IV, Sec. 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1255, 1376 of this title.

-End-

-CITE-

33 USC Sec. 1263a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1263a. Grants to Alaska to improve sanitation in rural and

Native villages

-STATUTE-

(a) In general

The Administrator of the Environmental Protection Agency may make

grants to the State of Alaska for the benefit of rural and Native

villages in Alaska to pay the Federal share of the cost of -

(1) the development and construction of public water systems

and wastewater systems to improve the health and sanitation

conditions in the villages; and

(2) training, technical assistance, and educational 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) of this section 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 expenses necessary to carry out the activities

described in subsection (a) of this section.

(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) of this section according to the needs of, and relative health

and sanitation conditions in, each eligible village.

(e) Authorization of appropriations

There are authorized to be appropriated to carry out this section

$40,000,000 for each of fiscal years 2001 through 2005.

-SOURCE-

(Pub. L. 104-182, title III, Sec. 303, Aug. 6, 1996, 110 Stat.

1683; Pub. L. 106-457, title IX, Sec. 903, Nov. 7, 2000, 114 Stat.

1982.)

-COD-

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.

-MISC1-

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".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 1166.

-FOOTNOTE-

(!1) So in original. Probably should be "section".

-End-

-CITE-

33 USC Sec. 1264 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1264. Omitted

-COD-

CODIFICATION

Section, act June 30, 1948, ch. 758, title I, Sec. 114, as added

Oct. 18, 1972, Pub. L. 92-500, Sec. 2, 86 Stat. 833, authorized the

Administrator, in consultation with the Tahoe Regional Planning

Agency, the Secretary of Agriculture, other Federal agencies,

representatives of State and local governments, and members of the

public, 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.

-End-

-CITE-

33 USC Sec. 1265 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1265. In-place toxic pollutants

-STATUTE-

The Administrator is directed to identify the location of

in-place pollutants with emphasis on toxic pollutants in harbors

and navigable waterways and is authorized, acting through the

Secretary of the Army, to make contracts for the removal and

appropriate disposal of such materials 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.

-SOURCE-

(June 30, 1948, ch. 758, title I, Sec. 115, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 833.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1266, 1376 of this title.

-End-

-CITE-

33 USC Sec. 1266 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1266. Hudson River reclamation demonstration project

-STATUTE-

(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 bottom sediments of the Hudson River,

treating such sediments as required, burying such sediments in

secure landfills, and installing monitoring systems for such

landfills. Such demonstration project shall be for the purpose of

determining the feasibility of indefinite storage in secure

landfills of toxic substances and of ascertaining 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 Administrator first determines that

disposal of the pollutants in such landfill would provide a higher

standard of protection of the public health, safety, and welfare

than disposal of such pollutants by any other method including, but

not limited to, incineration or a chemical destruction 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-Federal sources provide the remainder of the cost of such

project. The authority of this section shall be available until

September 30, 1983. Funds allotted 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 authorized by this section under section 1265 or 1321 of this

title or a comprehensive hazardous substance 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.

-SOURCE-

(June 30, 1948, ch. 758, title I, Sec. 116, as added Pub. L.

96-483, Sec. 10, Oct. 21, 1980, 94 Stat. 2363; amended Pub. L.

105-362, title V, Sec. 501(d)(2)(B), Nov. 10, 1998, 112 Stat. 3284;

Pub. L. 107-303, title III, Sec. 302(b)(1), Nov. 27, 2002, 116

Stat. 2361.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-303 repealed Pub. L. 105-362,

Sec. 501(d)(2)(B). See 1998 Amendment note below.

1998 - Subsec. (b). Pub. L. 105-362, Sec. 501(d)(2)(B), which

directed the substitution of "section 1375 of this title" for

"section 1375(b) of this title" in penultimate sentence, was

repealed by Pub. L. 107-303. See Effective Date of 2002 Amendment

note below.

EFFECTIVE DATE OF 2002 AMENDMENT

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.

-End-

-CITE-

33 USC Sec. 1267 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1267. Chesapeake Bay

-STATUTE-

(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 executed to achieve the goal of restoring and

protecting the Chesapeake Bay ecosystem and the living resources

of the Chesapeake Bay ecosystem and signed by the Chesapeake

Executive 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 Executive Council in accordance with the

Chesapeake 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 Executive Council (and as a

member of the Council), the Administrator shall continue the

Chesapeake Bay Program.

(2) Program Office

(A) In general

The Administrator shall maintain in the Environmental

Protection Agency a Chesapeake 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 services, monitoring, data collection, and

other activities that support the Chesapeake 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 Federal, State, and

local authorities, assisting the signatories to the

Chesapeake Bay Agreement in developing and implementing

specific action plans to carry out the responsibilities of

the signatories to the Chesapeake Bay Agreement;

(iv) coordinating the actions of the Environmental

Protection Agency with the actions of the appropriate

officials of other Federal agencies and State and local

authorities in developing strategies to -

(I) improve the water quality and living resources in the

Chesapeake Bay ecosystem; and

(II) obtain the support of the appropriate officials of

the agencies and authorities in achieving the objectives of

the Chesapeake Bay Agreement; and

(v) implementing outreach programs for public information,

education, and participation to foster stewardship of the

resources of the Chesapeake Bay.

(c) Interagency agreements

The Administrator may enter into an interagency agreement with a

Federal agency to carry out this section.

(d) Technical assistance and assistance grants

(1) In general

In cooperation with the Chesapeake Executive Council, the

Administrator may provide technical assistance, and assistance

grants, to nonprofit organizations, State and local governments,

colleges, universities, and interstate agencies to carry out this

section, subject to such terms and conditions as the

Administrator considers appropriate.

(2) Federal share

(A) In general

Except as provided in subparagraph (B), the Federal share of

an assistance grant provided under paragraph (1) shall be

determined 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) of this section shall not exceed 75 percent

of eligible project costs, as determined by the Administrator.

(3) Non-Federal share

An assistance grant under paragraph (1) shall be provided on

the condition that non-Federal sources provide the remainder of

eligible project costs, as determined by the Administrator.

(4) Administrative costs

Administrative costs shall not exceed 10 percent 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

jurisdiction, the Administrator -

(A) shall make a grant to the jurisdiction for the purpose of

implementing the management 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 jurisdiction for the

purpose of monitoring the Chesapeake Bay ecosystem.

(2) Proposals

(A) In general

A signatory jurisdiction described in paragraph (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 established under the

Chesapeake Bay Agreement.

(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 standards or established goals and objectives under

the Chesapeake Bay Agreement; and

(ii) the estimated cost of the actions proposed to be taken

during the fiscal year.

(3) Approval

If the Administrator finds that the proposal is consistent with

the Chesapeake Bay Agreement 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 subsection 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 provide the remainder of the costs of

implementing the management mechanisms during the fiscal year.

(6) Administrative costs

Administrative costs shall not exceed 10 percent 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 facility (as defined

by the Administrator) within the Chesapeake Bay watershed shall

participate 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 Chesapeake Ecosystem Unified Plan, and any subsequent

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 describes plans for the

expenditure of the funds under this section.

(B) Disclosure to the Council

The head of each agency referred to in subparagraph (A) shall

disclose the report under that subparagraph with the Chesapeake

Executive 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 necessary 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 chemical contaminants from all controllable sources to

levels that result in no toxic or bioaccumulative impact on the

living resources of the Chesapeake Bay ecosystem or on human

health;

(D) habitat restoration, protection, creation, 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 Chesapeake Bay

ecosystem.

(2) Small watershed grants program

The Administrator, in cooperation with the Chesapeake Executive

Council, shall -

(A) establish a small watershed grants program as part of the

Chesapeake Bay Program; and

(B) offer technical assistance and assistance grants under

subsection (d) of this section to local governments and

nonprofit organizations and individuals in the Chesapeake Bay

region to implement -

(i) cooperative tributary basin strategies that address the

water quality and living resource needs in the Chesapeake Bay

ecosystem; and

(ii) locally based protection and restoration programs or

projects within a watershed that complement the tributary

basin strategies, including the creation, restoration,

protection, or enhancement of habitat 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 coordination with the Chesapeake Executive

Council, shall complete a study and submit to Congress 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 improved 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 investments 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

condition;

(C) evaluate and assess interactions of species, with

particular attention to the impact of changes within and among

trophic levels; and

(D) recommend management actions to optimize the return of a

healthy and balanced ecosystem in response to improvements in

the quality and character of the waters of the Chesapeake Bay.

(j) Authorization of appropriations

There is authorized to be appropriated to carry out this section

$40,000,000 for each of fiscal years 2001 through 2005. Such sums

shall remain available until expended.

-SOURCE-

(June 30, 1948, ch. 758, title I, Sec. 117, as added Pub. L. 100-4,

title I, Sec. 103, Feb. 4, 1987, 101 Stat. 10; amended Pub. L.

106-457, title II, Sec. 203, Nov. 7, 2000, 114 Stat. 1967.)

-COD-

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.

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-457 amended section generally, substituting

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,

division, or branch of Chesapeake Bay Programs, interstate

development plan grants, progress reports from grant recipient

States, and authorization of appropriations.

FINDINGS AND PURPOSES

Pub. L. 106-457, title II, Sec. 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 Governor 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

improved water quality and improvements in the productivity of

living resources of the Bay;

"(4) the cooperative program described in paragraph (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 subsequent 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 Chesapeake Bay

Agreement."

NUTRIENT LOADING RESULTING FROM DREDGED MATERIAL DISPOSAL

Pub. L. 106-53, title IV, Sec. 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 Chesapeake 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2902 of this title.

-End-

-CITE-

33 USC Sec. 1268 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1268. Great Lakes

-STATUTE-

(a) Findings, purpose, and definitions

(1) Findings

The Congress finds that -

(A) the Great Lakes are a valuable national resource,

continuously serving the people of the United States and other

nations 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

amended 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

mission 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, Niagara 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 subsection (d) of this section;

(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, Minnesota, New York, Ohio, Pennsylvania, and

Wisconsin;

(H) "Great Lakes Water Quality Agreement" means the bilateral

agreement, between the United States and Canada which was

signed in 1978 and amended by the Protocol of 1987;

(I) "Lakewide Management Plan" means a written document which

embodies a systematic 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; and

(J) "Remedial Action Plan" means a written document which

embodies a systematic and comprehensive ecosystem approach to

restoring and protecting the beneficial uses of areas of

concern, in accordance with article VI and Annex 2 of the Great

Lakes Water Quality Agreement.

(b) Great Lakes National Program Office

The Great Lakes National Program Office (previously established

by the Administrator) is hereby established within the Agency. The

Program Office shall be headed by a Director who, by reason of

management experience and technical 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 Office shall be located in a Great Lakes State.

(c) Great Lakes management

(1) Functions

The Program Office shall -

(A) in cooperation with appropriate Federal, State, tribal,

and international agencies, 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

amended by the Water Quality Agreement of 1987 and any other

agreements and amendments,; (!1)

(B) establish a Great Lakes system-wide surveillance network

to monitor the water quality of the Great Lakes, with specific

emphasis 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 (including actions by

headquarters and regional 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 authorities 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 Quality

Agreement, shall be no less restrictive than the provisions of

this chapter and national 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, antidegradation policies, and

implementation procedures 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 guidance 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, antidegradation policies, and implementation

procedures for waters within the Great Lakes System which are

consistent with such guidance. 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 pursuant 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 January 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 Canada 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 finalize

such Remedial Action Plans by January 1, 1993.

(C) For any area of concern designated as such subsequent to

November 16, 1990, the Program Office shall (i) if the United

States has agreed to draft the Remedial Action Plan, ensure 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 International Joint

Commission no later than six months after submitting it to the

Program Office, 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

Action Plan, work with Canada, pursuant to subparagraph (c)(1)(C)

of this section, to ensure the submission of such Plan to the

International 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

Commission 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 inspection and

copying. The Program Office shall also make available, upon

request, formal comments made by the Environmental Protection

Agency on individual Remedial Action Plans.

(E) Report. - Not later than 1 year after November 27, 2002,

the Administrator shall submit to Congress a report on such

actions, time periods, and resources as are necessary to fulfill

the duties of the Agency relating to oversight of Remedial Action

Plans under -

(i) this paragraph; and

(ii) the Great Lakes Water Quality Agreement.

(4) Lakewide Management Plans

The Administrator, in consultation with the Program Office

shall -

(A) by January 1, 1992, publish in the Federal Register a

proposed Lakewide Management Plan for Lake Michigan and solicit

public comments;

(B) by January 1, 1993, submit a proposed Lakewide Management

Plan for Lake Michigan to the International Joint Commission

for review; and

(C) by January 1, 1994, publish in the Federal Register a

final Lakewide Management Plan for Lake Michigan and begin

implementation.

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

experience numerous or voluminous spills of oil or other

hazardous materials from land based facilities, vessels, or other

sources and, in consultation with the Great Lakes States, shall

identify weaknesses in Federal and State programs and systems to

prevent and respond to such spills. This information shall be

included on at least a biennial basis in the report required by

this section.

(6) 5-year plan and program

The Program Office shall develop, in consultation with the

States, a five-year plan and program for reducing the amount of

nutrients introduced into the Great Lakes. Such program shall

incorporate any management program 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 ambient levels in, the Great Lakes.

(7) 5-year study and demonstration projects

(A) The Program Office shall carry out a five-year study and

demonstration projects relating to the control and removal of

toxic pollutants in the Great Lakes, with emphasis on the removal

of toxic pollutants from bottom sediments. In selecting locations

for conducting demonstration projects under this paragraph,

priority consideration shall be given to projects at the

following locations: Saginaw Bay, Michigan; Sheboygan Harbor,

Wisconsin; Grand Calumet River, Indiana; Ashtabula River, Ohio;

and Buffalo River, New York.

(B) The Program Office shall -

(i) by December 31, 1990, complete chemical, physical, and

biological assessments of the contaminated sediments at the

locations selected for the study and demonstration projects;

(ii) by December 31, 1990, announce the technologies that

will be demonstrated at each location and the numerical

standard of protection intended to be achieved at each

location;

(iii) by December 31, 1992, complete full or pilot scale

demonstration projects on site at each location of promising

technologies to remedy contaminated sediments; and

(iv) by December 31, 1993, issue a final report to Congress

on its findings.

(C) The Administrator, after providing for public review and

comment, shall publish information concerning the public health

and environmental consequences of contaminants in Great Lakes

sediment. Information published pursuant to this subparagraph

shall include specific numerical limits to protect health,

aquatic life, and wildlife from the bioaccumulation of toxins.

The Administrator shall, at a minimum, publish information

pursuant to this subparagraph within 2 years of November 16,

1990.

(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 delineating -

(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 annual budget

submission to Congress, include a funding request for the Program

Office as a separate budget line item.

(10) Comprehensive report

Within 90 days after the end of each fiscal year, the

Administrator shall submit to Congress a comprehensive report

which -

(A) describes the achievements in the preceding fiscal year

in implementing the Great Lakes Water Quality Agreement of

1978, as amended by the Water Quality Agreement of 1987 and any

other agreements and amendments, and shows by categories

(including judicial enforcement, research, State cooperative

efforts, and general administration) the amounts expended on

Great Lakes water quality initiatives in such preceding fiscal

year;

(B) describes the progress made in such preceding fiscal year

in implementing the system of surveillance of the water quality

in the Great Lakes System, including the monitoring of

groundwater and sediment, with particular reference to toxic

pollutants;

(C) describes the long-term prospects for improving the

condition of the Great Lakes; and

(D) provides a comprehensive assessment of the planned

efforts to be pursued in the succeeding fiscal year for

implementing the Great Lakes Water Quality Agreement of 1978,

as amended by the Water Quality Agreement of 1987 and any other

agreements and amendments,,(!1) which assessment shall -

(i) show by categories (including judicial enforcement,

research, State cooperative efforts, and general

administration) the amount anticipated to be expended on

Great Lakes water quality initiatives in the fiscal year to

which the assessment relates; and

(ii) include a report of current programs administered by

other Federal agencies which make available resources to the

Great Lakes water quality management efforts.

(11) 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 stability of aquatic

organisms at the site and in the area of the site; and

(iv) such other conditions as the Administrator deems

appropriate.

(C) The plan shall identify the anticipated use and management

of the site over the following twenty-year period including the

expected termination of dumping at the site, the anticipated need

for site management, including pollution control, following the

termination of the use of the site.

(D) The plan shall identify a schedule for review and revision

of the plan which shall not be less frequent than five years

after adoption of the plan and every five years thereafter.

(12) Remediation of sediment contamination in areas of concern

(A) In general

In accordance with this paragraph, the Administrator, acting

through the Program Office, 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), implements a plan to

remediate contaminated sediment; or

(iii) prevents further or renewed contamination 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 contaminated 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

equivalent environmental benefits at a reduced cost; or

(iv) includes remediation to be commenced not later than 1

year after the date of receipt of funds for the project.

(D) Limitation

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 alternatives for the area

of concern has not been conducted, including a review of the

short-term and long-term effects of the alternatives on human

health and the environment; or

(ii) if the Administrator determines that the area of

concern is likely to suffer significant further or renewed

contamination from existing sources of pollutants causing

sediment contamination following completion of the project.

(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

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 sponsor.

(iii) 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 service performed under, an administrative

order on consent or judicial consent decree; but

(II) may not include any funds paid pursuant to, or the

value of any in-kind service performed under, a unilateral

administrative order or court order.

(iv) 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) Maintenance of effort

The Administrator may not carry out a project under this

paragraph unless the non-Federal sponsor enters into such

agreements with the Administrator as the Administrator may

require to ensure that the non-Federal sponsor will maintain

its aggregate expenditures from all other sources for

remediation programs in the area of concern in which the

project is located at or above the average level of such

expenditures in the 2 fiscal years preceding the date on which

the project is initiated.

(G) Coordination

In carrying out projects under this paragraph, 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

paragraph $50,000,000 for each of fiscal years 2004 through

2008.

(ii) Availability

Funds made available under clause (i) shall remain

available until expended.

(13) Public information program

(A) In general

The Administrator, acting through the Program Office and in

coordination with States, Indian tribes, local governments, and

other entities, may carry out a public information program to

provide information relating 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

2008.

(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 relating to the Great

Lakes resources on which research is needed. The Research Office

shall submit a report to Congress on such issues before the end

of each fiscal year which shall identify any changes in the Great

Lakes system (!2) with respect to such issues.

(3) Inventory

The Research Office shall identify and inventory Federal,

State, university, and tribal environmental 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 facilitating the rapid

identification, acquisition, retrieval, dissemination, and use of

information concerning research projects which are ongoing or

completed and which affect the Great Lakes System.

(5) Research program

The Research Office shall develop, in cooperation with the

Coordination Office, a comprehensive 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 Laboratory, the National Sea Grant College

program, other Federal laboratories, and the private sector,

appropriate research and monitoring 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 dedicated 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 priorities for

research needed to fulfill the terms of such Agreement; and

(C) identify all proposed research that may be used to

develop a comprehensive environmental data base for the Great

Lakes System 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 Research 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 System. In conducting research in

support of this report, the Administrator may, where appropriate,

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 Service, 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 affecting 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 prerogatives of any

department, agency, or officer of the Federal Government or of

any State government, or of any tribe, nor any powers,

jurisdiction, or prerogatives of any international body created

by treaty with authority relating to the Great Lakes; or

(2) to affect any other Federal or State authority 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 fiscal years 1992

through 2003; and

(3) $25,000,000 for each of fiscal years 2004 through 2008.

-SOURCE-

(June 30, 1948, ch. 758, title I, Sec. 118, as added Pub. L. 100-4,

title I, Sec. 104, Feb. 4, 1987, 101 Stat. 11; amended Pub. L.

100-688, title I, Sec. 1008, Nov. 18, 1988, 102 Stat. 4151; Pub. L.

101-596, title I, Secs. 101-106, Nov. 16, 1990, 104 Stat.

3000-3004; Pub. L. 107-303, title I, Secs. 102-105, Nov. 27, 2002,

116 Stat. 2355-2358.)

-COD-

CODIFICATION

November 16, 1990, referred to in subsec. (c)(3)(C), (7)(C), was

in the original "the enactment of this Act", and "the date of the

enactment of this title" which were translated as meaning the date

of enactment of Pub. L. 101-596, title I of which enacted subsec.

(c)(3), (7)(C), to reflect the probable intent of Congress.

-MISC1-

AMENDMENTS

2002 - Subsec. (c)(3)(E). Pub. L. 107-303, Sec. 102, added

subpar. (E).

Subsec. (c)(12), (13). Pub. L. 107-303, Sec. 103, added pars.

(12) and (13).

Subsec. (g). Pub. L. 107-303, Sec. 104, substituted "construed -

" for "construed to affect", inserted "(1) to affect" before "the

jurisdiction", substituted "Lakes; or" for "Lakes.", and added par.

(2).

Subsec. (h). Pub. L. 107-303, Sec. 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 National

Program Office on demonstration projects on the feasibility of

controlling and removing toxic pollutants;

"(2) 7 percent shall be used by the Great Lakes National

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 Atmospheric

Administration for use by the Great Lakes Research Office."

1990 - Subsec. (a)(3)(F) to (J). Pub. L. 101-596, Sec. 103, added

subpars. (F) to (J).

Subsec. (c)(2) to (11). Pub. L. 101-596, Secs. 101, 102, 104,

added pars. (2) to (5) after par. (1) and renumbered existing

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, Sec. 106, added par. (3).

Subsec. (h). Pub. L. 101-596, Sec. 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".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating 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

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC2-

GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT REMEDIATION

Pub. L. 101-640, title IV, Sec. 401, Nov. 28, 1990, 104 Stat.

4644, as amended by Pub. L. 104-303, title V, Sec. 515, Oct. 12,

1996, 110 Stat. 3763; Pub. L. 106-53, title V, Sec. 505, Aug. 17,

1999, 113 Stat. 338; Pub. L. 106-541, title III, Sec. 344, Dec. 11,

2000, 114 Stat. 2613, provided that:

"(a) Great Lakes Remedial Action Plans. -

"(1) In general. - The Secretary may provide technical,

planning, and engineering assistance to State and local

governments and nongovernmental entities designated by a State or

local government in the development and implementation of

remedial action plans for Areas of Concern in the Great Lakes

identified 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 contributions, 35 percent of costs

of activities for which assistance is provided under paragraph

(1).

"(B) Contributions by entities. - Nonprofit public or private

entities may contribute all or a portion of the non-Federal

share.

"(b) Sediment Remediation Projects. -

"(1) In general. - The Secretary, in consultation with the

Administrator of the Environmental Protection Agency (acting

through the Great Lakes National Program Office), may conduct

pilot- and full-scale projects of promising technologies to

remediate contaminated sediments in freshwater coastal regions 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, Michigan, 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 authorized to be

appropriated to the Secretary to carry out this section $10,000,000

for each of fiscal years 2001 through 2006."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2902 of this title; title

16 section 1447b.

-FOOTNOTE-

(!1) So in original.

(!2) So in original. Probably should be capitalized.

(!3) So in original.

-End-

-CITE-

33 USC Sec. 1269 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1269. Long Island Sound

-STATUTE-

(a) Office of Management Conference of the Long Island Sound Study

The Administrator shall continue the Management Conference of the

Long Island Sound Study (hereinafter referred to as the

"Conference") as established pursuant to section 1330 of this

title, and shall establish an office (hereinafter 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, following consultation with the

Administrators of EPA regions I and II, from among the employees of

the Agency who are in civil service. The Administrator 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 Conference of the Long

Island Sound Study in carrying out its goals. Specifically, the

Office shall -

(1) assist and support the implementation of the Comprehensive

Conservation and Management 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 consistent with the

goals of the Plan;

(2) conduct or commission studies deemed necessary for

strengthened implementation of the Comprehensive Conservation and

Management Plan including, but not limited to -

(A) population growth and the adequacy of wastewater

treatment facilities,

(B) the use of biological methods for nutrient 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 environmental quality,

(H) State water quality programs, for their adequacy pursuant

to implementation of the Comprehensive Conservation and

Management Plan, and

(I) options for long-term financing of wastewater treatment

projects and water pollution control programs.

(3) coordinate the grant, research and planning 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 support 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 Conservation and Management Plan for Long

Island 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 Management Plan in the twelve-month period

immediately preceding such report; and

(C) incorporates specific recommendations concerning the

implementation of the Comprehensive Conservation and Management

Plan; and

(8) convene conferences and meetings for legislators from State

governments and political subdivisions thereof for the purpose of

making recommendations for coordinating legislative efforts to

facilitate the environmental restoration of Long Island Sound and

the implementation 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

Comprehensive Conservation and Management Plan. Special emphasis

shall be given to implementation, research and planning,

enforcement, and citizen involvement and education.

(2) State, interstate, and regional water pollution control

agencies, and other public or nonprofit private agencies,

institutions, and organizations 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 distressed 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 treatment 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)

of this section, such sums as may be necessary for each of the

fiscal years 2001 through 2005.

(2) There is authorized to be appropriated to the Administrator

for the implementation of subsection (d) of this section not to

exceed $40,000,000 for each of fiscal years 2001 through 2005.

-SOURCE-

(June 30, 1948, ch. 758, title I, Sec. 119, as added Pub. L.

101-596, title II, Sec. 202, Nov. 16, 1990, 104 Stat. 3004; amended

Pub. L. 104-303, title V, Sec. 583, Oct. 12, 1996, 110 Stat. 3791;

Pub. L. 106-457, title IV, Secs. 402 - 404, Nov. 7, 2000, 114 Stat.

1973.)

-REFTEXT-

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 (Sec. 1431 et seq.) and 32A (Sec. 1447 et seq.) of Title 16,

Conservation, and chapters 27 (Sec. 1401 et seq.) and 41 (Sec. 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.

-MISC1-

AMENDMENTS

2000 - Subsec. (c)(1). Pub. L. 106-457, Sec. 402, inserted before

semicolon at end ", 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 consistent with the goals of the Plan".

Subsec. (e). Pub. L. 106-457, Sec. 403(2), added subsec. (e).

Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 106-457, Secs. 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).

-End-

-CITE-

33 USC Sec. 1270 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1270. Lake Champlain Basin Program

-STATUTE-

(a) Establishment

(1) In general

There is established a Lake Champlain Management Conference to

develop a comprehensive pollution prevention, control, and

restoration plan for Lake Champlain. The Administrator shall

convene the management conference 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 Environmental Protection

Agency under subparagraph (A) with the actions of other

appropriate 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 legislature of Vermont;

(5) four representatives of the State legislature of New York;

(6) six persons representing local governments having

jurisdiction over any land or water within the Lake Champlain

basin, as determined appropriate by the Governors; and

(7) eight persons representing affected industries,

nongovernmental organizations, public and private educational

institutions, and the general public, as determined appropriate

by the trigovernmental Citizens Advisory Committee for the

Environmental Management of Lake Champlain, but not to be current

members 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 institutions.

(d) Research program

The Management Conference shall establish a multi-disciplinary

environmental research program for Lake Champlain. Such research

program 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 publish a pollution prevention,

control, and restoration plan for Lake Champlain.

(2) The Plan developed pursuant to this section shall -

(A) identify corrective actions and compliance schedules

addressing point and nonpoint sources of pollution necessary to

restore and maintain the chemical, physical, and biological

integrity of water quality, a balanced, indigenous population of

shellfish, fish and wildlife, 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

appropriate Federal and State agencies to accomplish 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 prevention and control

that includes the promotion of pollution prevention and

management practices to reduce the amount of pollution generated

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 Federal agencies.

(3) The Administrator, in cooperation with the Management

Conference, shall provide for public 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 pursuant to this section, the

Administrator shall approve such plan if the plan meets the

requirements 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 program for the purposes of section 1329(h) of

this title and such plan shall be deemed to be an approved

comprehensive conservation and management 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 implementation 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, survey, 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 requirements 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 Federal 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, Hamilton, 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, Washington, Orleans, and Caledonia counties in Vermont,

that contain all of the streams, rivers, 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)

of this section.

(h) No effect on certain authority

Nothing in this section -

(1) affects the jurisdiction or powers of -

(A) any department or agency of the Federal Government or any

State government; or

(B) any international organization or entity 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 fiscal years 1996

through 2003; and

(3) $11,000,000 for each of fiscal years 2004 through 2008.

-SOURCE-

(June 30, 1948, ch. 758, title I, Sec. 120, as added Pub. L.

101-596, title III, Sec. 303, Nov. 16, 1990, 104 Stat. 3006;

amended Pub. L. 107-303, title II, Sec. 202, Nov. 27, 2002, 116

Stat. 2358.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-303, Sec. 202(1), substituted "Lake Champlain

Basin Program" for "Lake Champlain Management Conference" in

section catchline.

Subsec. (a). Pub. L. 107-303, Sec. 202(1), (2), designated

existing provisions as par. (1), inserted heading, and added par.

(2).

Subsec. (d). Pub. L. 107-303, Sec. 202(3), struck out par. (1)

designation before "The Management".

Subsec. (e)(1). Pub. L. 107-303, Sec. 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, Sec. 202(4)(B), added subpar.

(F).

Subsec. (f)(1). Pub. L. 107-303, Sec. 202(5)(A), substituted

"participants in the Lake Champlain Basin Program," for "the

Management Conference,".

Subsec. (f)(2). Pub. L. 107-303, Sec. 202(5)(B), substituted

"development and implementation of the Plan" for "development of

the Plan and for retaining expert consultants 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, Sec. 202(6)(A), substituted

"Definitions" for " 'Lake Champlain drainage basin' defined" in

subsec. heading, inserted introductory provisions, 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, Sec. 202(6)(B), inserted

"Hamilton," after "Franklin," and "Bennington," after "Rutland,".

Subsec. (g)(3). Pub. L. 107-303, Sec. 202(6)(C), added par. (3).

Subsec. (h). Pub. L. 107-303, Sec. 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 Government or any

State government; or

"(2) any international organization or entity related to Lake

Champlain created by treaty or memorandum to which the United

States is a signatory."

Subsec. (i). Pub. L. 107-303, Sec. 202(8), substituted "section -

" 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, Sec. 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 provision 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 established

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 technical assistance

reimbursement from the Agricultural Stabilization and

Conservation Service authorized under the Soil Conservation and

Domestic Allotment 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 agencies, shall develop a comprehensive agricultural

monitoring and evaluation network for all major drainages 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 established under section 120 of the

Federal Water Pollution Control Act and to the extent allowable

by law, allocate funds to those agricultural enterprises located

at sites that the Management Conference determines to be priority

sites, on the basis of a concern for ensuring implementation of

nonpoint source pollution 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 collection and monitoring in operation in the

Lake Champlain basin, as defined under section 120 of the Federal

Water Pollution Control Act [33 U.S.C. 1270], the Secretary of the

Interior, acting through the heads of water resources divisions of

the New York and New England districts of the United States

Geological Survey, 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 monitoring station

sites in the Lake Champlain basin as are necessary to carry out

basic data collection and monitoring, 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 Interior. -

"(1) Resource conservation program. - The Secretary 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 established

pursuant to this subsection shall -

"(A) establish and implement a fisheries resources

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 assessment survey

in the Lake Champlain basin, including -

"(i) a survey of Federal threatened and endangered 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

species of special concern, migratory nongame species of

management concern, and national resources plan species;

"(ii) a survey of wildlife habitats such as islands,

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 nonindigenous aquatic

animal nuisances;

"(B) improving the health of fishery resources;

"(C) conducting investigations about and assessing the status

of fishery resources, and disseminating that information to all

interested parties; and

"(D) conducting and periodically updating a survey 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 Department of

[the] Interior $1,000,000 for each of fiscal years 1991, 1992,

1993, 1994, and 1995 to carry out subsections (b) and (c) of this

section."

-End-

-CITE-

33 USC Sec. 1271 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1271. Sediment survey and monitoring

-STATUTE-

(a) Survey

(1) In general

The Administrator, in consultation with the Administrator of

the National Oceanic and Atmospheric 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

quantity, 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 recommendations of such survey, including

recommendations 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 Atmospheric Administration and the

Secretary, shall conduct a comprehensive and continuing program

to assess aquatic sediment quality. The program conducted

pursuant to this subsection 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 biological effects of pollutants in

aquatic sediment and of contaminated sediment;

(D) develop a system for the management, storage, and

dissemination of data concerning aquatic sediment quality;

(E) provide an assessment of aquatic sediment 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 information on technology,

methods, and practices available for the remediation,

decontamination, and control of sediment contamination.

(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) of this

section and biennially thereafter.

-SOURCE-

(Pub. L. 102-580, title V, Sec. 503, Oct. 31, 1992, 106 Stat.

4865.)

-REFTEXT-

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.

-COD-

CODIFICATION

Section was enacted as part of the Water Resources Development

Act of 1992 and also as part of the National Contaminated Sediment

Assessment and Management Act, and not as part of the Federal Water

Pollution Control Act which comprises this chapter.

-MISC1-

AVAILABILITY OF CONTAMINATED SEDIMENTS INFORMATION

Section 327 of Pub. L. 102-580 directed Secretary to conduct

national study on information that was currently available on

contaminated sediments of surface waters of United States and

compile information obtained for the purpose of identifying

location and nature of contaminated sediments and, not later than 1

year after Oct. 31, 1992, to transmit to Congress a report on the

results of the study.

NATIONAL CONTAMINATED SEDIMENT ASSESSMENT AND MANAGEMENT; SHORT

TITLE; DEFINITIONS; TASK FORCE

Sections 501 and 502 of title V of Pub. L. 102-580 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 Assessment and Management Act'.

"(b) Definitions. - For the purposes of sections 502 and 503 of

this title [enacting this section and provisions 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 Pollution 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 Control 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 appropriate

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 environment; and

"(5) the term 'Administrator' means the Administrator of the

Environmental Protection Agency.

"SEC. 502. NATIONAL CONTAMINATED SEDIMENT TASK FORCE.

"(a) Establishment. - There is established a National

Contaminated Sediment Task Force (hereinafter referred 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 seriousness of aquatic sediment

contamination throughout the Nation;

"(3) review and comment on programs for the research and

development of aquatic sediment restoration methods, practices,

and technologies;

"(4) review and comment on the selection of pollutants 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 sediment;

"(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 contamination; 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 following:

"(A) The Administrator.

"(B) The Secretary.

"(C) The National Oceanic and Atmospheric Administration.

"(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 Administrator and the Secretary,

and shall include -

"(A) not more than 3 representatives of States;

"(B) not more than 3 representatives of ports, agriculture,

and manufacturing; and

"(C) not more than 3 representatives of public interest

organizations with a demonstrated interest in aquatic sediment

contamination.

"(3) Cochairmen. - The Administrator and the Secretary 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 Protection 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 conferences 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 (including 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 expenses, 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 enactment 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

Section 509(b) of Pub. L. 102-580 provided that: "There is

authorized to be appropriated to the Administrator to carry out

sections 502 and 503 [enacting this section and provisions set out

above] such sums as may be necessary."

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 3 of Pub.

L. 102-580, set out as a note under section 2201 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

33 USC Sec. 1271a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1271a. Research and development program

-STATUTE-

(a) In general

In coordination with other Federal, State, and local officials,

the Administrator of the Environmental Protection Agency may

conduct research 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 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.

(2) Availability

Funds appropriated under paragraph (1) shall remain available

until expended.

-SOURCE-

(Pub. L. 107-303, title I, Sec. 106, Nov. 27, 2002, 116 Stat.

2358.)

-COD-

CODIFICATION

Section was enacted as part of the Great Lakes Legacy Act of

2002, and also as part of the Great Lakes and Lake Champlain Act of

2002, and not as part of the Federal Water Pollution Control Act

which comprises this chapter.

-End-

-CITE-

33 USC Sec. 1272 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1272. Environmental dredging

-STATUTE-

(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

consultation with the Administrator of the Environmental Protection

Agency, may remove and remediate, 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 quality improvement if such

removal and remediation 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 remediate contaminated

sediments under subsection (b) of this section in accordance with a

joint plan developed by the Secretary and interested Federal,

State, and local government officials. Such plan must include an

opportunity for public comment, a description 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 person 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 Jersey.

(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 entity, with the consent of the affected local

government.

-SOURCE-

(Pub. L. 101-640, title III, Sec. 312, Nov. 28, 1990, 104 Stat.

4639; Pub. L. 104-303, title II, Sec. 205, Oct. 12, 1996, 110 Stat.

3679; Pub. L. 106-53, title II, Sec. 224, Aug. 17, 1999, 113 Stat.

297; Pub. L. 106-541, title II, Sec. 210(a), Dec. 11, 2000, 114

Stat. 2592.)

-REFTEXT-

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, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified

generally to this chapter (Sec. 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, Compensation, and

Liability Act of 1980, referred to in subsec. (e), is Pub. L.

96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is

classified principally to chapter 103 (Sec. 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.

-COD-

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.

-MISC1-

AMENDMENTS

2000 - Subsec. (g). Pub. L. 106-541 added subsec. (g).

1999 - Subsec. (b)(1). Pub. L. 106-53, Sec. 224(1)(A),

substituted "35 percent" for "50 percent".

Subsec. (b)(2). Pub. L. 106-53, Sec. 224(1)(B), substituted

"$50,000,000" for "$20,000,000".

Subsec. (d). Pub. L. 106-53, Sec. 224(2), substituted "shared as

a cost of construction" for "non-Federal responsibility".

Subsec. (f)(6) to (8). Pub. L. 106-53, Sec. 224(3), added pars.

(6) to (8).

1996 - Subsec. (a). Pub. L. 104-303, Sec. 205(1), inserted "and

remediate" after "remove".

Subsec. (b)(1). Pub. L. 104-303, Sec. 205(1), (2)(A), inserted

"and remediate" after "remove" and inserted "and remediation" after

"removal" in two places.

Subsec. (b)(2). Pub. L. 104-303, Sec. 205(2)(B), substituted

"$20,000,000" for "$10,000,000".

Subsec. (c). Pub. L. 104-303, Sec. 205(1), inserted "and

remediate" after "remove".

Subsec. (f). Pub. L. 104-303, Sec. 205(3), added subsec. (f) and

struck out heading and text of former subsec. (f). Text read as

follows: "This section shall not be effective after the last day of

the 5-year period beginning on November 28, 1990; except that the

Secretary may complete any project commenced under this section on

or before such last day."

-FOOTNOTE-

(!1) So in original. The word "a" probably should not appear.

-End-

-CITE-

33 USC Sec. 1273 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1273. Lake Pontchartrain Basin

-STATUTE-

(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 scientific and public education projects.

(c) Duties

In carrying out the program, the Administrator shall -

(1) provide administrative and technical assistance to a

management conference convened for the Basin under section 1330

of this title;

(2) assist and support the activities of the management

conference, including the implementation of recommendations of

the management conference;

(3) support environmental monitoring of the Basin and research

to provide necessary technical and scientific information;

(4) develop a comprehensive research plan to address the

technical needs of the program;

(5) coordinate the grant, research, and planning 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 -

(1) for restoration projects and studies recommended by a

management conference convened for the Basin under section 1330

of this title; and

(2) for public education projects recommended by the management

conference.

(e) Definitions

In this section, the following definitions apply:

(1) Basin

The term "Basin" means the Lake Pontchartrain Basin, a 5,000

square mile watershed encompassing 16 parishes in the State of

Louisiana and 4 counties in the State of Mississippi.

(2) Program

The term "program" means the Lake Pontchartrain Basin

Restoration Program established under subsection (a) of this

section.

(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 2005.

Such sums shall remain available until expended.

(2) Public education projects

Not more than 15 percent of the amount appropriated pursuant to

paragraph (1) in a fiscal year may be expended on grants for

public education projects under subsection (d)(2) of this

section.

-SOURCE-

(June 30, 1948, ch. 758, title I, Sec. 121, as added Pub. L.

106-457, title V, Sec. 502, Nov. 7, 2000, 114 Stat. 1973.)

-COD-

CODIFICATION

Another section 121 of act June 30, 1948, ch. 758, is classified

to section 1274 of this title.

-End-

-CITE-

33 USC Sec. 1274 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS

-HEAD-

Sec. 1274. Wet weather watershed pilot projects

-STATUTE-

(a) In general

The Administrator, in coordination with the States, may provide

technical assistance and grants for treatment works to carry out

pilot projects relating to the following areas of wet weather

discharge control:

(1) Watershed management of wet weather discharges

The management of municipal combined sewer overflows, sanitary

sewer overflows, and stormwater discharges, on an integrated

watershed 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 in

reducing such pollutants from stormwater discharges.

(b) Administration

The Administrator, in coordination with the States, shall provide

municipalities participating in a pilot project under this section

the ability to engage in innovative practices, including the

ability to unify separate wet weather control efforts under a

single permit.

(c) Funding

(1) In general

There is authorized to be appropriated to carry out this

section $10,000,000 for fiscal year 2002, $15,000,000 for fiscal

year 2003, and $20,000,000 for fiscal year 2004. Such funds shall

remain available until expended.

(2) Stormwater

The Administrator shall make available not less than 20 percent

of amounts appropriated for a fiscal year pursuant to this

subsection to carry out the purposes of subsection (a)(2) of this

section.

(3) Administrative expenses

The Administrator may retain not to exceed 4 percent of any

amounts appropriated for a fiscal year pursuant to this

subsection for the reasonable and necessary costs of

administering this section.

(d) Report to Congress

Not later than 5 years after December 21, 2000, the Administrator

shall transmit to Congress a report on the results of the pilot

projects conducted under this section and their possible

application nationwide.

-SOURCE-

(June 30, 1948, ch. 758, title I, Sec. 121, as added Pub. L.

106-554, Sec. 1(a)(4) [div. B, title I, Sec. 112(b)], Dec. 21,

2000, 114 Stat. 2763, 2763A-225.)

-COD-

CODIFICATION

Another section 121 of act June 30, 1948, ch. 758, is classified

to section 1273 of this title.

-End-

-CITE-

33 USC SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF

TREATMENT WORKS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1255, 1311, 1313a,

1330, 1371, 1377, 1382, 1384, 1386 of this title; title 40 section

14507.

-End-

-CITE-

33 USC Sec. 1281 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1281. Congressional declaration of purpose

-STATUTE-

(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 implementation 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 practices 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

providing for -

(1) the recycling of potential sewage pollutants 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 manner that will not

result in environmental hazards.

(e) Waste treatment management integration of facilities

The Administrator shall encourage waste treatment management

which results in integrating facilities for sewage treatment and

recycling with facilities to treat, dispose of, or utilize other

industrial and municipal wastes, including 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 operation and maintenance costs and such

revenues shall be used by the designated regional management agency

to aid in financing other environmental 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 intermunicipal or interstate agency for the

construction of publicly owned treatment works. On and after

October 1, 1984, grants under this subchapter shall be made only

for projects for secondary treatment or more stringent treatment,

or any cost effective alternative thereto, new interceptors and

appurtenances, and infiltration-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 approaches

for the control of nonpoint sources of pollution), except that not

more than 20 per centum (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 beginning after June 30, 1974, to any State,

municipality, or intermunicipal or interstate agency for the

erection, building, acquisition, alteration, remodeling,

improvement, or extension of treatment works unless the grant

applicant has satisfactorily demonstrated to the Administrator that

-

(A) alternative waste management techniques have been studied

and evaluated and the works proposed for grant assistance will

provide for the application of the best practicable 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 provide for

the reclaiming or recycling of water or otherwise eliminate the

discharge of pollutants.

(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 infiltration.

(4) The Administrator is authorized to make grants to applicants

for treatment works grants under this section for such sewer system

evaluation studies as may be necessary to carry out the

requirements of paragraph (3) of this subsection. Such grants shall

be made in accordance 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 beginning after September 30, 1978, to any

State, municipality, or intermunicipal or interstate agency for the

erection, building, acquisition, alteration, remodeling,

improvement, or extension of treatment works unless the grant

applicant has satisfactorily demonstrated to the Administrator that

innovative and alternative wastewater treatment processes and

techniques which provide for the reclaiming and reuse of water,

otherwise eliminate the discharge of pollutants, and utilize

recycling techniques, land treatment, new or improved methods of

waste treatment management for municipal and industrial waste

(discharged into municipal systems) and the confined disposal of

pollutants, so that pollutants will not migrate to cause water or

other environmental pollution, have been fully studied and

evaluated by the applicant taking into account subsection (d) of

this section and taking into account and allowing to the extent

practicable the more efficient use of energy and resources.

(6) The Administrator shall not make grants from funds authorized

for any fiscal year beginning after September 30, 1978, to any

State, municipality, or intermunicipal or interstate agency for the

erection, building, acquisition, alteration, remodeling,

improvement, or extension of treatment works unless the grant

applicant has satisfactorily demonstrated to the Administrator that

the applicant has analyzed the potential recreation and open space

opportunities in the planning of the proposed treatment works.

(h) Grants to construct privately owned treatment 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) of this section has applied on behalf of a number

of such units and certified that public ownership of such works

is not feasible;

(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 operation and maintenance (including replacement);

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, processes, and techniques

to reduce energy requirements

The Administrator shall encourage waste treatment management

methods, processes, and techniques which will reduce total energy

requirements.

(j) Grants for treatment works utilizing processes and techniques

of guidelines under section 1314(d)(3) of this title

The Administrator is authorized to make a grant for any treatment

works utilizing processes and techniques meeting the guidelines

promulgated 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 effective

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 construction plans and specifications, shall be used

to treat, store, or convey the flow of any industrial user into

such treatment works in excess of a flow per day equivalent to

fifty thousand gallons 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

specifications 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.

(g742l) Grants for facility plans, or plans, specifications, 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 Administrator 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 advance to potential grant applicants under this

subchapter the costs of facility planning or the preparation of

plans, specifications, and estimates.

(B) Such an advance shall be limited to the allowance for such

costs which the Administrator establishes under paragraph (1) of

this subsection, and shall be provided only to a potential 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 established under paragraph (1) of this

subsection. In the event no such grant is made, the State is

authorized 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 allotted 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, California, 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 aquaculture 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 request of the

Governor of an affected State, the Administrator is authorized to

use funds available to such State under section 1285 of this title

to address water quality problems due to the impacts 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 Administrator 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 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, 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 subsection, upon the

request of and demonstration of water quality benefits by the

Governor of an affected State.

(g742o) Capital financing plan

The Administrator shall encourage and assist applicants for grant

assistance under this subchapter to develop and file with the

Administrator a capital financing plan which, at a minimum -

(1) projects the future requirements for waste treatment

services within the applicant'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

requirements 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 respect to the

awarding of a contract for construction of treatment works by a

grantee of funds under this subchapter and a party to such dispute

files an appeal with the Administrator under this subchapter for

resolution of such dispute, the Administrator shall make a final

decision on such appeal within 90 days of the filing of such

appeal.

-SOURCE-

(June 30, 1948, ch. 758, title II, Sec. 201, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 833; amended Pub. L.

95-217, Secs. 12-16, Dec. 27, 1977, 91 Stat. 1569, 1570; Pub. L.

96-483, Secs. 2(d), 3, Oct. 21, 1980, 94 Stat. 2361; Pub. L.

97-117, Secs. 2(a), 3(a), 4-6, 10(c), Dec. 29, 1981, 95 Stat.

1623-1626; Pub. L. 100-4, title II, Sec. 201, title III, Sec.

316(c), Feb. 4, 1987, 101 Stat. 15, 60.)

-MISC1-

AMENDMENTS

1987 - Subsec. (g)(1). Pub. L. 100-4, Sec. 316(c), substituted

"sentences, the Administrator" for "sentence, the Administrator"

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 (including any innovative and alternative

approaches for the control of nonpoint sources of pollution),"

before "except that".

Subsec. (p). Pub. L. 100-4, Sec. 201, added subsec. (p).

1981 - Subsec. (g)(1). Pub. L. 97-117, Sec. 2(a), inserted

provisions restricting, on or after Oct. 1, 1984, the categories of

projects eligible for grants under this subchapter 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

centum, 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, Sec. 10(c), inserted provision that

subsection not be in effect after Nov. 15, 1981.

Subsec. (l). Pub. L. 97-117, Sec. 3(a), added subsec. (l).

Subsec. (m). Pub. L. 97-117, Sec. 4, added subsec. (m).

Subsec. (n). Pub. L. 97-117, Sec. 5, added subsec. (n).

Subsec. (o). Pub. L. 97-117, Sec. 6, added subsec. (o).

1980 - Subsec. (h). Pub. L. 96-483, Sec. 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, Sec. 3, added subsec. (k).

1977 - Subsec. (g)(5). Pub. L. 95-217, Sec. 12, added par. (5).

Subsec. (g)(6). Pub. L. 95-217, Sec. 13, added par. (6).

Subsec. (h). Pub. L. 95-217, Sec. 14, added subsec. (h).

Subsec. (i). Pub. L. 95-217, Sec. 15, added subsec. (i).

Subsec. (j). Pub. L. 95-217, Sec. 16, added subsec. (j).

EFFECTIVE DATE OF 1980 AMENDMENT

Section 2(g) of Pub. L. 96-483 provided that: "The amendments

made by this section [amending sections 1281, 1284, and 1293 of

this title, enacting 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 December 27,

1977."

ENVIRONMENTAL PROTECTION AGENCY STATE AND TRIBAL ASSISTANCE GRANTS

Pub. L. 105-174, title III, May 1, 1998, 112 Stat. 92, provided

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 pollution prevention, control, and

abatement and related activities 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, Sec. 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 received 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 Protection Agency

determines that the lease or concession furthers the purposes of

such Act and approves the lease or concession.

"(b) Limitation. - The Administrator shall not approve 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 provision of law,

beginning in fiscal year 1997 the Administrator 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 closeout

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, Sec. 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 community' means

a low-income community with economic 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 Administrator 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,

design, and construction or improvement of sewers, treatment works,

and appropriate connections for wastewater 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 determined by the Administrator or the

head of the Federal 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 prevention, 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

include 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 appropriated under

this heading ["Environmental Protection 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 programs: Provided

further, That, hereafter, the funds available under this heading

for grants to States, federally recognized tribes, and air

pollution control agencies for multi-media or single media

pollution prevention, control and abatement and related activities

may also be used for the direct implementation by the Federal

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, Sec. 101(e) [title III], Apr. 26, 1996,

110 Stat. 1321-257, 1321-299, renumbered title I, Pub. L. 104-140,

Sec. 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, Sec. 101(e) [title III], Apr. 26, 1996,

110 Stat. 1321-257, 1321-299; renumbered title I, Pub. L. 104-140,

Sec. 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 provision 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

prevention, control and abatement and related environmental

activities at the request of the Governor or other appropriate

State official or the tribe".

STATE MANAGEMENT OF CONSTRUCTION GRANT ACTIVITIES

Pub. L. 104-134, title I, Sec. 101(e) [title III], Apr. 26, 1996,

110 Stat. 1321-257, 1321-299; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided in part: "That of

the funds appropriated in the Construction Grants and Water

Infrastructure/State Revolving Funds accounts since the

appropriation for the fiscal year ending September 30, 1992, and

hereafter, for making grants for wastewater treatment works

construction projects, portions may be provided by the recipients

to States for managing construction grant activities, 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 ISLANDS, AND VIRGIN ISLANDS; WAIVER OF

COLLECTOR SEWERS LIMITATION

Pub. L. 99-396, Sec. 12(b), Aug. 27, 1986, 100 Stat. 841,

provided 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

Administrator of the Environmental Protection Agency may waive

limitations regarding grant eligibility for sewerage 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

Administrator shall take into consideration the public health and

water quality benefits to be derived and the availability of

alternate funding sources. The Administrator 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

activities or facilities which are not concerned with the

management of wastewater to alleviate threats to public 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 Insular Possessions.]

ENVIRONMENTAL FINANCING AUTHORITY

Section 12 of Pub. L. 92-500, as amended by Pub. L. 97-258, Sec.

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

instrumentality of the United States Government and shall maintain

such offices as may be necessary or appropriate in the conduct of

its business.

"(c) [Congressional Declaration of Purpose] The purpose 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 determined 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 designee 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 Authority. The Chairman of the

Board shall select and effect the appointment of qualified persons

to fill the offices as may be provided for in the bylaws, with such

executive functions, powers, and duties as may be prescribed by the

bylaws or by the Board of Directors, and such persons shall be the

executive officers of the Authority and shall discharge all such

executive functions, 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 obligation 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 authorized to guarantee such

timely payments and to issue regulations as he deems necessary and

proper to protect such guarantees. Appropriations are hereby

authorized to be made to the Administrator in such sums as are

necessary to make payments under such guarantees, 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 outstanding marketable obligations of the United

States of comparable maturity or in its stead whenever the

Authority has sufficient of its own long-term obligations

outstanding, the current average yield on outstanding 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 reasonable contingency reserves

and such fees shall be included 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 determined by the Secretary of the Treasury taking

into consideration the current average yield on outstanding

marketable obligations of the United States of comparable

maturities. Interest payments on such advances may be deferred, at

the discretion of the Secretary, but any such deferred payments

shall themselves 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 authorized,

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 authorized to

use as a public debt transaction the proceeds of the sale of any

securities hereafter issued under chapter 31 of title 31, as now or

hereafter in force, and the purposes for which securities may be

issued under chapter 31 of title 31, as now or hereafter in force,

are extended to include such purchases. Each purchase of

obligations 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 determined by the Secretary of the

Treasury, taking into consideration the current average yield on

outstanding marketable obligations of the United States of

comparable 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 obligations under this paragraph shall be treated as public

debt transactions of the United States. (As amended Pub. L. 97-258,

Sec. 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 necessary to equal the amount by which the

dollar amount of interest expense accrued by the Authority on

account 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 qualification 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 intangible, in aid of any

of the purposes of the Authority;

"(7) to sell, convey, mortgage, pledge, lease, exchange, and

otherwise dispose of its property and assets;

"(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 instruments, 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, security 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 authority; except that (A) any real property and any

tangible personal property of the Authority shall be subject 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 Authority shall be subject both as to

principal and interest 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

administered by the Securities and Exchange Commission, 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 authorized to prepare such obligations

in such form as the Authority may approve, such obligations when

prepared 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 therewith, shall remain in the

custody of the Secretary of the Treasury. The Authority shall

reimburse the Secretary of the Treasury for any expenditures made

in the preparation, custody, and delivery of such obligations.

"(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 annual 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 provisions of

chapter 91 of title 31 shall be applicable to the Environmental

Financing Authority in the same manner as they are applied to the

wholly owned Government corporations. (As amended Pub. L. 97-258,

Sec. 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.]"

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1254, 1281a, 1281b, 1282,

1283, 1284, 1285, 1286, 1288, 1291, 1292, 1297, 1298, 1311, 1314,

1371, 1375, 1382, 1383 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "section".

-End-

-CITE-

33 USC Sec. 1281a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1281a. Total treatment system funding

-STATUTE-

Notwithstanding any other provision of law, in any case where the

Administrator of the Environmental 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 construction of a sewage collection system if -

(1) such sewage collection system was constructed as part of

the same total treatment system as the treatment works for which

such grants under section 1281 of this title were approved, and

(2) an application for assistance for the construction 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 approved due to lack of funding under such

section 3102 of title 42.

The total of all grants for sewage collection systems made under

this section shall not exceed $2,800,000.

-SOURCE-

(Pub. L. 95-217, Sec. 78, Dec. 27, 1977, 91 Stat. 1611.)

-REFTEXT-

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 section after Jan. 1, 1975.

-COD-

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.

-End-

-CITE-

33 USC Sec. 1281b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1281b. Availability of Farmers Home Administration funds for

non-Federal share

-STATUTE-

Notwithstanding any other provision of law, Federal assistance

made available by the Farmers Home Administration to any political

subdivision of a State may be used to provide the non-Federal share

of the cost of any construction project carried out under section

1281 of this title.

-SOURCE-

(Pub. L. 100-4, title II, Sec. 202(f), Feb. 4, 1987, 101 Stat. 16.)

-COD-

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.

-End-

-CITE-

33 USC Sec. 1282 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1282. Federal share

-STATUTE-

(a) Amount of grants for treatment works

(1) The amount of any grant for treatment works made under this

chapter from funds authorized 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 construction

thereof (as approved by the Administrator), unless modified to a

lower percentage rate uniform throughout a State by the Governor 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 unobligated balance of sums

allocated to the State under section 1285 of this title, the need

for assistance under this subchapter in such State, and the

availability of State grant assistance to replace the Federal share

reduced by such modification. The payment of any such reduced

Federal 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 reimbursement) made prior to

October 18, 1972, from any funds authorized for any fiscal year

beginning 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, acquisition, alteration, remodeling, improvement,

extension, or correction before October 1, 1984, all segments and

phases of such facility, interceptors, and project for

infiltration-in-flow correction 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 obligation occurred before

October 1, 1990. Notwithstanding 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. Notwithstanding the first sentence of this

paragraph, in the case of the Wyoming Valley Sanitary Authority

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 eligible for grants

at 75 percent of the cost of construction thereof.

(2) The amount of any grant made after September 30, 1978, and

before October 1, 1981, for any eligible treatment works or

significant portion 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 innovative 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

treatment 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 Administrator 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 increased 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 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.

(4) For the purposes of this section, the term "eligible

treatment works" means those treatment works in each State which

meet the requirements 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 treatment works not

commenced prior to July 1, 1971

The amount of the grant for any project approved by the

Administrator after January 1, 1971, and before July 1, 1971, for

the construction of treatment works, the actual erection, building

or acquisition of which was not commenced prior to July 1, 1971,

shall, upon the request of the applicant, be increased to the

applicable percentage 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 constructed

for use in conjunction with such treatment works, and if the cost

of such sewage 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 preservation

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 fiscal 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 conditions, 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 previously

expended on these projects.

-SOURCE-

(June 30, 1948, ch. 758, title II, Sec. 202, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 834; amended Pub. L.

95-217, Sec. 17, Dec. 27, 1977, 91 Stat. 1571; Pub. L. 96-483, Sec.

9, Oct. 21, 1980, 94 Stat. 2362; Pub. L. 97-117, Secs. 7, 8(a),

(b), Dec. 29, 1981, 95 Stat. 1625; Pub. L. 97-357, title V, Sec.

501, Oct. 19, 1982, 96 Stat. 1712; Pub. L. 100-4, title II, Sec.

202(a)-(d), Feb. 4, 1987, 101 Stat. 15, 16.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a)(1). Pub. L. 100-4, Sec. 202(a), inserted "for

any grant made pursuant to a State obligation which obligation

occurred before October 1, 1990" before period at end of last

sentence.

Pub. L. 100-4, Sec. 202(b), inserted at end "Notwithstanding 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."

Pub. L. 100-4, Sec. 202(c), inserted at end "Notwithstanding the

first sentence of this paragraph, in the case of the Wyoming Valley

Sanitary Authority 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 eligible for grants at 75 percent of the cost of construction

thereof."

Subsec. (a)(3). Pub. L. 100-4, Sec. 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, Sec. 7, inserted "and

ending before October 30, 1984," after "June 30, 1971," and "and

for any fiscal year beginning on or after October 1, 1984, shall be

55 per centum of the cost of construction thereof (as approved by

the Administrator)," after "(as approved by the Administrator),"

and provision that notwithstanding first sentence of this

paragraph, in any case where primary, secondary, or advanced waste

treatment facility or its related interceptors 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, Sec. 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 wastewater 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

subsection, but in no event greater than 85 per centum of the cost

of construction.

Subsec. (a)(4). Pub. L. 97-117, Sec. 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, Sec. 9(a), inserted

provisions 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, Sec. 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, Sec. 4, 70 Stat. 507, authorized the

Surgeon General to promulgate Federal shares under the Federal

Water Pollution Control Grant Program as soon as possible after

July 9, 1956, in the manner 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1255, 1281, 1283, 1285 of

this title.

-End-

-CITE-

33 USC Sec. 1283 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1283. Plans, specifications, estimates, and payments

-STATUTE-

(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, specifications, 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 chapter. 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, specifications, and

estimates shall be deemed a contractual obligation of the United

States for the payment of its proportional contribution to such

project.

(2) Agreement on eligible costs. -

(A) Limitation on modifications. - Before taking final action

on any plans, specifications, and estimates submitted under this

subsection 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 payments under this

section. The Administrator may not later modify such eligibility

determinations unless they are found to have been made in

violation of applicable Federal statutes and regulations.

(B) Limitation on effect. - Eligibility determinations under

this paragraph shall not preclude the Administrator from auditing

a project pursuant to section 1361 of this title, or other

authority, or from withholding or recovering Federal funds for

costs which are found to be unreasonable, unsupported by adequate

documentation, or otherwise unallowable 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 population of the applicant municipality is twenty-five

thousand or less (according to the most recent 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 specifications, 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 recipient of a grant for costs of

construction incurred on a project. These payments shall at no time

exceed the Federal share of the cost of construction 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 balance 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 require, that grants under this

chapter for construction of treatment works be made only for

projects which are operable units usable for sewage collection,

transportation, storage, waste treatment, or for similar purposes

without additional construction.

(e) Technical and legal assistance in administration and

enforcement of contracts; intervention in civil actions

At the request of a grantee under this subchapter, the

Administrator is authorized to provide technical and legal

assistance in the administration and enforcement of any contract in

connection with treatment works assisted under this subchapter, and

to intervene in any civil action involving the enforcement of such

a contract.

(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 treatment 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 estimated 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 subsurface

disposal systems.

(3) Required terms

An agreement entered into under this subsection shall -

(A) set forth an amount agreed to as the maximum Federal

contribution to the project, based upon a competitively bid

document 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 completion 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 assistance will be provided to manage the

project; (ii) the proposed treatment works will be an operable

unit and will meet all the requirements 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 determined necessary by the

Administrator to protect the Federal interest in the project;

and

(E) contain such other terms and conditions 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 Administrator. If the amount agreed to under

paragraph (3)(A) exceeds the cost of designing and constructing

the treatment works, the Administrator shall reallot the amount

of the excess 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 State for a fiscal year under section

1285 of this title for grants pursuant to this subsection.

(7) Allowance

The Administrator shall determine an allowance for facilities

planning for projects constructed 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 erection of treatment works pursuant to this subsection

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

entered into under paragraph (3), the Administrator 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.

-SOURCE-

(June 30, 1948, ch. 758, title II, Sec. 203, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 835; amended Pub. L.

93-243, Sec. 2, Jan. 2, 1974, 87 Stat. 1069; Pub. L. 95-217, Secs.

18, 19, Dec. 27, 1977, 91 Stat. 1571, 1572; Pub. L. 96-483, Sec. 6,

Oct. 21, 1980, 94 Stat. 2362; Pub. L. 97-117, Sec. 9, Dec. 29,

1981, 95 Stat. 1626; Pub. L. 100-4, title II, Secs. 203, 204, Feb.

4, 1987, 101 Stat. 16, 17.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-4, Sec. 203, designated provision

relating to submission of plans, specifications, and estimates, and

provision relating to contractual nature of approval by

Administrator as par. (1), designated provision relating to

requirements for awarding 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, Sec. 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 Administrator may authorize a single grant where the estimated

total cost of the treatment works does not exceed $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, Sec. 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 Administrator), and the

population of the applicant municipality is twenty-five thousand or

less (according to the most recent 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 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

Administrator may authorize a single grant where the estimated

total cost of the treatment works does not exceed $3,000,000.

Subsec. (e). Pub. L. 95-217, Sec. 19, added subsec. (e).

1974 - Subsec. (d). Pub. L. 93-243 added subsec. (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1284, 1285, 1311 of this

title.

-End-

-CITE-

33 USC Sec. 1284 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1284. Limitations and conditions

-STATUTE-

(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 treatment management plan

under section 1288 of this title (A) is being implemented for

such area and the proposed treatment works are included in such

plan, or (B) is being developed for such area and reasonable

progress is being made toward its implementation and the proposed

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 applicable

State plan under section 1313(e) of this title, except 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 Administrator 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 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 specifications 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 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, including the employment of trained

management and operations personnel, and the maintenance 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 capacity. The amount of reserve capacity provided shall

be approved by the Administrator on the basis of a comparison of

the cost of constructing such reserves as a part of the works to

be funded and the anticipated cost of providing expanded capacity

at a date when such capacity 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 consumption. The amount of reserve capacity

eligible for a grant under this subchapter shall be determined by

the Administrator taking into account the projected population

and associated commercial and industrial establishments within

the jurisdiction of the applicant to be served by such treatment

works as identified in an approved facilities plan, an areawide

plan under section 1288 of this title, or an applicable municipal

master plan of development. For the purpose of this paragraph,

section 1288 of this title, and any such plan, projected

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 regulation,

determines appropriate. Beginning October 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 extension of a project for secondary treatment or

more stringent treatment or new interceptors and appurtenances,

except that in no event shall reserve capacity of a facility and

its related interceptors to which this subsection applies be in

excess of existing needs on October 1, 1990. In any case in which

an applicant proposes to provide reserve capacity greater than

that eligible for Federal financial assistance under this

subchapter, the incremental costs of the additional reserve

capacity shall be paid by the applicant;

(6) that no specification for bids in connection with such

works shall be written in such a manner as to contain

proprietary, exclusionary, 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 requirements

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 guidelines; approval by

Administrator; system of charges

(1) Notwithstanding any other provision of this subchapter, the

Administrator shall not approve 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 jurisdiction, 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,

institutional, 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

Administrator determines that the applicant has a system of charges

which results in the distribution of operation and maintenance

costs for treatment 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 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-residential users, the Administrator shall

consider the volume of wastes discharged into the treatment 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 hundred and eighty days

after October 18, 1972, and after consultation with appropriate

State, interstate, 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 services,

including categories of industrial users; (B) criteria against

which to determine the adequacy of charges imposed on classes and

categories of users reflecting all factors that influence the cost

of waste treatment, including strength, volume, and delivery flow

rate characteristics of waste; and (C) model systems and rates of

user charges typical of various treatment works serving

municipal-industrial communities.

(3) Approval by the Administrator of a grant to an interstate

agency established by interstate 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 requirement 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 system 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 procedure 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 advanced 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

facility and interceptors shall be funded based on a 20-year

reserve capacity in the case of such facility 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 December 29, 1981,

such interceptors shall be funded 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 implementation of this paragraph shall be

eligible for Federal assistance in accordance with this subchapter.

(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 Administrator whether

or not such treatment works meet the design specifications and

effluent limitations contained in the grant agreement 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 specifications and effluent

limitations, any failure to meet such design specifications and

effluent limitations shall be corrected in a timely manner, 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 indemnity or other contractual requirements from any

party to a contract pertaining to a project assisted under this

subchapter, than those provided under this subsection.

-SOURCE-

(June 30, 1948, ch. 758, title II, Sec. 204, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 835; amended Pub. L.

95-217, Secs. 20-24, Dec. 27, 1977, 91 Stat. 1572, 1573; Pub. L.

96-483, Sec. 2(a), (b), Oct. 21, 1980, 94 Stat. 2360, 2361; Pub. L.

97-117, Secs. 10(a), (b), 11, 12, Dec. 29, 1981, 95 Stat. 1626,

1627; Pub. L. 100-4, title II, Sec. 205(a)-(c), Feb. 4, 1987, 101

Stat. 18.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a)(1). Pub. L. 100-4, Sec. 205(a), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: "that

such works are included in any applicable areawide waste treatment

management plan developed under section 1288 of this title;".

Subsec. (a)(2). Pub. L. 100-4, Sec. 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, Sec. 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, Sec. 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

interceptors and appurtenances, except that in no event shall

reserve capacity of a facility and its related interceptors 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 capacity greater than that eligible for Federal

financial assistance under this subchapter, the incremental costs

of the additional reserve capacity be paid by the applicant.

Subsec. (a)(6). Pub. L. 97-117, Sec. 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 inserted provision that 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 be used as a means to define

performance or other salient requirements 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, Sec. 10(b), added subsec. (c).

Subsec. (d). Pub. L. 97-117, Sec. 12, added subsec. (d).

1980 - Subsec. (b)(1). Pub. L. 96-483, Sec. 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 industrial users of that

portion of cost of construction allocable 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, Sec. 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 treatment 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 requirements

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, Sec. 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 Administrator 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 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

specifications 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 promulgated under section

1314(d)(3) of this title.

Subsec. (a)(5). Pub. L. 95-217, Sec. 21, provided that efforts to

reduce total flow of sewage and unnecessary water consumption be

taken into account, in accordance with regulations promulgated by

the Administrator, that the amount of reserve capacity eligible for

a grant under this subchapter be determined by the Administrator

taking into account the projected population and associated

commercial and industrial establishments within the jurisdiction of

the applicant to be served by such treatment works as identified in

an approved 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 Administrator, by

regulation, determines appropriate.

Subsec. (b)(1). Pub. L. 95-217, Secs. 22(a)(1), (2), 24(c),

inserted "(except as otherwise provided in this paragraph)" after

"proportionate share" in cl. (A) and "(which such portion, in the

discretion of the applicant, 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 sentences under which a

dedicated ad valorem tax system is to be deemed the user charge

system meeting the requirements 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 applicant has a system of charges which results

in the distribution of operation and maintenance costs for

treatment 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, Secs. 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 expansion" in cl. (B) and, at

end of existing provisions, inserted 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 industrial 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 proportion to

such reduction as determined in accordance with regulations

promulgated by the Administrator".

Subsec. (b)(5), (6). Pub. L. 95-217, Secs. 22(b), 24(b), added

pars. (5) and (6).

EFFECTIVE DATE OF 1987 AMENDMENT

Section 205(d) of Pub. L. 100-4 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 beginning on such

date of enactment."

EFFECTIVE DATE OF 1980 AMENDMENT

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

Section 2(c) of Pub. L. 96-483 provided that: "The Administrator

of the Environmental Protection Agency shall take such action as

may be necessary to remove from any grant made under section

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 applicable as a result of the repeals made by

subsections (a) and (b) of this section [amending subsec. (b) of

this section] 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 section 1281 of this title.

COST RECOVERY; SUSPENSION OF GRANT REQUIREMENTS THAT INDUSTRIAL

USERS MAKE PAYMENTS

Section 75 of Pub. L. 95-217, as amended by Pub. L. 96-148, Sec.

1, Dec. 16, 1979, 93 Stat. 1088; Pub. L. 96-483, Sec. 2(f), Oct.

21, 1980, 94 Stat. 2361, directed 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 construction.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1259, 1281, 1285, 1311,

1342, 1382 of this title.

-FOOTNOTE-

(!1) So in original. The period probably should be a semicolon.

-End-

-CITE-

33 USC Sec. 1285 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1285. Allotment of grant funds

-STATUTE-

(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 September 30, 1977, shall be allotted by the Administrator

not later than the January 1st immediately preceding the beginning

of the fiscal year for which authorized, except that the allotment

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 Administrator in accordance with regulations promulgated by

him, in the ratio that the estimated 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 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, except 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.

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 submitted 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 fiscal years during

period June 30, 1972, and September 30, 1977; reallotment

(1) Any sums allotted to a State under subsection (a) of this

section shall be available for obligation under section 1283 of

this title on and after the date of such allotment. Such sums shall

continue 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 immediately reallotted by the

Administrator, in accordance with regulations promulgated by him,

generally on the basis of the ratio used in making the last

allotment of sums under this section. 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 fiscal years 1982 to 1990;

determination of amount

(1) Sums authorized to be appropriated pursuant to section 1287

of this title for the fiscal years during the period beginning

October 1, 1977, and ending September 30, 1981, shall be allotted

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 Committee on Public Works and

Transportation of the House of Representatives.

(2) Sums authorized to be appropriated pursuant 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 December 29, 1981. Notwithstanding

any other provision 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 Representatives.

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 following table:

tates: 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

Administrator not later than the 10th day which begins after

February 4, 1987. Sums authorized for such fiscal years shall be

allotted in accordance 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 fiscal 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 Administrator for fiscal year 1978 and for fiscal years

thereafter shall be allotted to any State which failed to obligate

any of the funds being reallotted. 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.

(e) Minimum allotment; additional appropriations; 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 jurisdictions. For the

purpose of carrying out this subsection there are authorized to be

appropriated, subject to such amounts as are provided in

appropriation 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 subsection, the amount each

State receives under this subsection for such year shall bear the

same ratio to the amount such State would have received under this

subsection in such year if the amount necessary to carry it out had

been appropriated 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 assistance

(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 beginning on or after October 1, 1981, and

ending before October 1, 1994, in which case the percentage

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 subsection (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 obligated by the end of the period for which available shall

be added to the amount last allotted to such State under this

section and shall be immediately available for obligation in the

same manner and to the same extent as such last allotment. 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 responsibility for

administration of which the Administrator has delegated to such

State. The Administrator may increase such grant to take into

account the reasonable costs of administering 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 managing 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 percent

nor more than 7 1/2 percent of the sums allotted 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 7 1/2 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 treatment works for municipalities having a

population of three thousand five hundred or less, or for the

highly dispersed sections of larger municipalities, 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

expended only for increasing 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 2

percent of the funds allotted 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 subsection (c) of this section shall be

expended only for increasing grants for construction of treatment

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 7 1/2 percent of the funds allotted to

such State under subsection (c) of this section for each of the

fiscal years ending September 30, 1982, through September 30, 1990,

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.

(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 allotted 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 Administrator to make grants

to the States to carry out water quality management planning,

including, but not limited to -

(A) identifying most cost effective and locally acceptable

facility and non-point measures to meet and maintain water

quality standards;

(B) developing an implementation plan to obtain State and local

financial and regulatory 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 treatment works which

should be constructed with assistance under this subchapter, in

which areas and in what sequence, taking into account 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

construction, 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 entities and designated

or undesignated public comprehensive planning organizations to

carry out the purposes of this subsection. In giving such priority,

the State shall allocate at least 40 percent of the amount granted

to such State for a fiscal year under paragraph (2) of this

subsection to regional public comprehensive planning organizations

in such State and appropriate interstate organizations for the

development and implementation of the plan described in this

paragraph. In any fiscal year for which the Governor, in

consultation with such organizations and with the approval of the

Administrator, determines that allocation of at least 40 percent of

such amount to such organizations will not result in significant

participation by such organizations 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 chapter, the allocation to such

organization may be less than 40 percent of such amount.

(4) All activities undertaken under this subsection shall be in

coordination with other related provisions of this chapter.

(5) Nonpoint source reservation. - In addition 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 fiscal 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 appropriated 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 subsection shall be in addition to and

not in lieu of any other amounts authorized to be allotted to such

State under this chapter.

(g742l) 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 1 1/2 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 national estuary program.

(3) Period of availability

Sums reserved under this subsection shall be subject to the

period of availability for obligation established by subsection

(d) of this section.

(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 Little Falls, in the vicinity of Beatties Dam, shall be

treated as a marine bay and estuary.

(m) Discretionary deposits into State water pollution control

revolving funds

(1) From construction grant allotments

In addition to any amounts deposited in a water pollution

control revolving fund established by a State under subchapter VI

of this chapter, upon request of the Governor of such State, the

Administrator shall make available to the State for deposit, as

capitalization grants, in such fund in any fiscal year beginning

after September 30, 1986, such portion of the amounts allotted to

such State under this section for such fiscal year as the

Governor considers appropriate; except that (A) in fiscal year

1987, such deposit may not exceed 50 percent of the amounts

allotted to such State under this section 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.

-SOURCE-

(June 30, 1948, ch. 758, title II, Sec. 205, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 837; amended Pub. L.

93-243, Sec. 1, Jan. 2, 1974, 87 Stat. 1069; Pub. L. 95-217, Secs.

25, 26(a), 27, 28, Dec. 27, 1977, 91 Stat. 1574, 1575; Pub. L.

96-483, Sec. 11, Oct. 21, 1980, 94 Stat. 2363; Pub. L. 97-117,

Secs. 8(c), 13-16, Dec. 29, 1981, 95 Stat. 1625, 1627-1629; Pub. L.

100-4, title II, Secs. 206(a)-(c), 207-210, 212(b), title III, Sec.

316(d), Feb. 4, 1987, 101 Stat. 19-21, 27, 60; Pub. L. 105-362,

title V, Sec. 501(d)(2)(C), Nov. 10, 1998, 112 Stat. 3284; Pub. L.

107-303, title III, Sec. 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)

-COD-

CODIFICATION

Subsec. (f) provided that sums made available for obligation

between Jan. 1, 1975, and Mar. 1, 1975, be available for obligation

until Sept. 30, 1978.

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-303 repealed Pub. L. 105-362,

Sec. 501(d)(2)(C). See 1998 Amendment note below.

1998 - Subsec. (a). Pub. L. 105-362, Sec. 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, Sec. 206(a)(1), substituted

"September 30, 1985, and September 30, 1986" for "and September 30,

1985".

Subsec. (c)(3). Pub. L. 100-4, Sec. 206(a)(2), added par. (3).

Subsec. (e). Pub. L. 100-4, Sec. 206(b), substituted "1985, 1986,

1987, 1988, 1989, and 1990" for "and 1985" in two places.

Subsec. (g)(1). Pub. L. 100-4, Sec. 206(c), substituted "October

1, 1994" for "October 1, 1985".

Subsec. (h). Pub. L. 100-4, Sec. 207, substituted "a total (as

determined by the Governor of the State) of not less than 4 percent

nor more than 7 1/2 percent" for "four per centum" and "7 1/2 per

cent" for "four per centum".

Subsec. (i). Pub. L. 100-4, Sec. 208, amended subsec. (i)

generally. Prior to amendment, subsec. (i) read as follows: "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, September 30, 1981, September 30, 1982, September 30,

1983, September 30, 1984, and September 30, 1985, under subsection

(a) of this section shall be expended only for increasing 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

allotted to a State for each of the fiscal years ending September

30, 1979, and September 30, 1980, and 3 per centum 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 centum nor more than 7 1/2 per

centum of the funds allotted to such State for any fiscal year

beginning after September 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, Sec. 209, inserted provision

directing State to allocate at least 40 percent of amount granted

under par. (2) to regional public comprehensive planning

organizations and appropriate interstate organizations for

development and implementation of plan, with exception for less

than 40 percent allocation in certain circumstances.

Subsec. (j)(5). Pub. L. 100-4, Sec. 316(d), added par. (5).

Subsec. (l). Pub. L. 100-4, Sec. 210, added subsec. (l).

Subsec. (m). Pub. L. 100-4, Sec. 212(b), added subsec. (m).

1981 - Subsec. (c). Pub. L. 97-117, Sec. 13(a), designated

existing provision as par. (1) and added par. (2).

Subsec. (e). Pub. L. 97-117, Sec. 13(b), substituted "1981, 1982,

1983, 1984, and 1985" for "and 1981" in two places.

Subsec. (g)(1). Pub. L. 97-117, Sec. 14, inserted "except in the

case of any fiscal year beginning on or after October 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 provision that sums authorized to be

reserved be in addition to and not in lieu of any other funds which

may be authorized to carry out this subsection.

Subsec. (i). Pub. L. 97-117, Sec. 8(c), substituted "September

30, 1981, September 30, 1982, September 30, 1983, September 30,

1984, and September 30, 1985" for "and September 30, 1981", struck

out "from 75 per centum to 85 per centum" after "innovative

processes and techniques", and inserted provision that including

the expenditures authorized by the first sentence of this

subsection, a total, as determined by the State Governor, of not

less than 4 per centum nor more than 7 1/2 per centum 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 Federal share of grants for construction of

treatment works pursuant to section 1282(a)(2) of this title.

Subsecs. (j), (k). Pub. L. 97-117, Secs. 15, 16, added subsecs.

(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, Sec. 25(a), substituted "each

fiscal year beginning after June 30, 1972, and before September 30,

1977" for "each fiscal year beginning after June 30, 1972".

Subsecs. (c) to (f). Pub. L. 95-217, Sec. 25(b), added subsecs.

(c) to (f).

Subsecs. (g) to (i). Pub. L. 95-217, Secs. 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, except 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 substituted "June 30,

1975" for "June 30, 1974" in sentence beginning "Allotments for

fiscal years".

-CHANGE-

CHANGE OF NAME

Committee on Public Works and Transportation of House of

Representatives treated as referring to Committee 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 Congress.

-MISC2-

EFFECTIVE DATE OF 2002 AMENDMENT

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.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC3-

AVAILABILITY OF ALLOTTED SUMS IN SUBSEQUENT YEARS; REALLOTMENT OF

UNOBLIGATED SUMS

Section 7 of Pub. L. 96-483 provided that: "Notwithstanding

section 205(d) of the Federal Water Pollution Control Act (33

U.S.C. 1285), sums allotted to the States for the fiscal year 1979

shall remain available for obligation for the fiscal year for which

authorized and for the period of the next succeeding twenty-four

months. The amount of any allotment not obligated 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 obligate 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 September 30, 1980."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1254, 1259, 1266, 1281,

1282, 1283, 1329, 1377, 1382, 1383, 1384, 1414b of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "1986".

(!2) So in original. The period probably should be a comma.

-End-

-CITE-

33 USC Sec. 1286 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1286. Reimbursement and advanced construction

-STATUTE-

(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 pollution

control agency and which the Administrator finds meets the

requirements of section 1158 of this title in effect at the time of

the initiation 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

determines that such treatment works was constructed in conformity

with a comprehensive metropolitan treatment plan as described in

section 1158(f) of this title as in effect immediately prior to

October 18, 1972. Nothing in this subsection 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 constructed with or eligible

for Federal financial assistance under this Act in a State between

June 30, 1956, and June 30, 1966, which was approved 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 constructed without assistance under

such section 1158 of this title or which received such assistance

in an amount less than 30 per centum of the cost of such project

shall qualify for payments 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 receive any payment or

reimbursement under subsection (a) or (b) of this section unless an

application for such assistance is filed with the Administrator

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 section each fiscal year for which funds are

appropriated under subsection (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 unpaid balance of reimbursement due all such approved

projects on the date of enactment of such appropriation. The

Administrator shall allocate to each qualified project under

subsection (b) of this section each fiscal year for which funds are

appropriated under subsection (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 unpaid balance of reimbursement due all such approved

projects on the date of enactment of such appropriation.

(e) Authorization of appropriations

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 reimbursements 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 fiscal year under this subchapter have

been obligated under section 1281(g) of this title, or will be so

obligated in a timely manner (as determined by the Administrator),

and there is construction of any treatment works project without

the aid of Federal funds and in accordance with all procedures and

all requirements applicable to treatment works projects, except

those procedures and requirements which limit construction of

projects to those constructed with the aid of previously allotted

Federal funds, the Administrator, upon his approval of an

application made under this subsection therefor, is authorized to

pay the Federal share of the cost of construction of such project

when additional funds are allotted to the State under this

subchapter if prior to the construction of the project the

Administrator approves plans, specifications, 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 priority list of such State, is eligible to

receive such payment based on the allotment and appropriation for

such fiscal year.

To the extent that sufficient funds are not appropriated to pay the

full Federal share with respect to a project for which obligations

under the provisions of this subsection have been made, the

Administrator shall reduce the Federal share to such amount less

than 75 per centum 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 application 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 reimbursement has expired, whichever first

occurs.

-SOURCE-

(June 30, 1948, ch. 758, title II, Sec. 206, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 838; amended Pub. L.

93-207, Sec. 1(2), Dec. 28, 1973, 87 Stat. 906; Pub. L. 95-217,

Sec. 29(a), Dec. 27, 1977, 91 Stat. 1576; Pub. L. 96-483, Sec. 5,

Oct. 21, 1980, 94 Stat. 2361.)

-REFTEXT-

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.

-MISC1-

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 subchapter 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 subchapter 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 insure such payment without

exceeding the State's expected 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 BEFORE JULY 2, 1972, AND ON WHICH CONSTRUCTION WAS

INITIATED BEFORE JULY 1, 1973

Section 29(b) of Pub. L. 95-217 provided 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

Section 2 of Pub. L. 93-207 provided that notwithstanding the

requirements of subsec. (c) of this section, applications for

assistance under this section could have been filed with the

Administrator until Jan. 31, 1974.

ALLOCATION OF CONSTRUCTION GRANTS APPROPRIATED FOR THE YEAR ENDING

JUNE 30, 1973; INTERIM PAYMENTS; LIMITATIONS

Section 3 of Pub. L. 93-207 provided that: "Funds available for

reimbursement under Public Law 92-399 [making appropriations for

Agriculture-Environmental 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) [subsec. (d) of this section], pro rata

among all projects eligible 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 provisions of subsection (d) of

such section 206, (1) the Administrator is authorized to make

interim payments to each such project for which an application has

been approved 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

Administrator 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 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1287, 1293, 1376 of this

title.

-End-

-CITE-

33 USC Sec. 1287 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1287. Authorization of appropriations

-STATUTE-

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 fiscal 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

September 30, 1979, September 30, 1980, not to exceed

$5,000,000,000; for the fiscal year ending September 30, 1981, not

to exceed $2,548,837,000; and for the fiscal years ending September

30, 1982, September 30, 1983, September 30, 1984, and September 30,

1985, not to exceed $2,400,000,000 per fiscal year; and for each of

the fiscal 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.

-SOURCE-

(June 30, 1948, ch. 758, title II, Sec. 207, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 839; amended Pub. L.

93-207, Sec. 1(3), Dec. 28, 1973, 87 Stat. 906; Pub. L. 95-217,

Sec. 30, Dec. 27, 1977, 91 Stat. 1576; Pub. L. 97-35, title XVIII,

Sec. 1801(a), Aug. 13, 1981, 95 Stat. 764; Pub. L. 97-117, Sec. 17,

Dec. 29, 1981, 95 Stat. 1630; Pub. L. 100-4, title II, Sec. 211,

Feb. 4, 1987, 101 Stat. 21.)

-MISC1-

AMENDMENTS

1987 - Pub. L. 100-4 inserted "; and for each of the fiscal 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" before 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 exceed $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 treatment construction

grant program under this subchapter, 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, September 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, Sec. 301, July 22, 1976, 90 Stat.

1011, provided for authorization to carry out this subchapter,

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 expended.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1281, 1285, 1375, 1376,

1377 of this title.

-End-

-CITE-

33 USC Sec. 1288 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS

-HEAD-

Sec. 1288. Areawide waste treatment management

-STATUTE-

(a) Identification and designation of areas having substantial

water quality control problems

For the purpose of encouraging and facilitating 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 authorities, shall by regulation publish guidelines for the

identification of those areas which, as a result of

urban-industrial concentrations 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 concentrations or other factors,

has substantial water quality control problems. Not later than

one hundred and twenty days following such identification and

after consultation with appropriate elected and other officials

of local governments having jurisdiction in such areas, the

Governor shall designate (A) the boundaries of each such area,

and (B) a single representative organization, including elected

officials from local governments or their designees, capable of

developing effective areawide waste treatment management plans

for such area. The Governor may in the same manner at any later

time identify any additional area (or modify an existing area)

for which he determines areawide waste treatment management to be

appropriate, designate the boundaries of such area, and designate

an organization capable of developing effective areawide waste

treatment management 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 toward designating the boundaries of the

interstate area having common water quality control 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 organization

capable of developing effective areawide waste treatment

management plans for such area.

(4) If a Governor does not act, either by designating or

determining not to make a designation under paragraph (2) of this

subsection, 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 subsection, the chief elected

officials of local governments 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 governments, or their designees, capable of developing an

areawide waste treatment management plan for such area.

(5) Existing regional agencies may be designated 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 Administrator.

(b) Planning process

(1)(A) Not later than one year after the date of designation of

any organization under subsection (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 management, and be

applicable to all wastes generated 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

subsection (a)(6) of this section, the initial plan prepared in

accordance with such process shall be certified by the Governor and

submitted to the Administrator not later than three years after the

receipt 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 updated (including an

analysis of alternative waste treatment systems), including any

requirements for the acquisition of land for treatment purposes;

the necessary waste water collection and urban storm water runoff

systems; 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 recreation;

(B) the establishment of construction priorities for such

treatment works and time schedules for the initiation and

completion of all treatment works;

(C) the establishment of a regulatory program to -

(i) implement the waste treatment management 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 commercial wastes

discharged into any treatment works in such area meet

applicable pretreatment requirements;

(D) the identification of those agencies necessary to

construct, operate, and maintain all facilities required by the

plan and otherwise to carry out the plan;

(E) the identification of the measures necessary to carry out

the plan (including financing), 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 return flows from irrigated agriculture, and their

cumulative effects, runoff from manure disposal areas, and from

land used for livestock 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 underground mine runoff, and (ii) set forth

procedures and methods (including land use requirements) to

control to the extent feasible such sources;

(H) a process to (i) identify construction activity related

sources of pollution, and (ii) set forth procedures and methods

(including land use requirements) to control to the extent

feasible such sources;

(I) a process to (i) identify, if appropriate, salt water

intrusion into rivers, lakes, and estuaries resulting from

reduction of fresh water flow from any cause, including

irrigation, obstruction, ground water extraction, and diversion,

and (ii) set forth procedures and methods to control such

intrusion to the extent feasible where such procedures and

methods are otherwise a part of the waste treatment management

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 pollutants 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 Governor or his designee (or Governors or their

designees, where more than one State is involved) as being

consistent with applicable basin plans and such areawide waste

treatment management plans shall be submitted to the Administrator

for his approval.

(4)(A) Whenever the Governor of any State determines (and

notifies the Administrator) that consistency with a statewide

regulatory program under section 1313 of this title so requires,

the requirements of clauses (F) through (K) of paragraph (2) of

this subsection shall be developed and submitted by the Governor to

the Administrator for approval for application to a class or

category of activity throughout such State.

(B) Any program submitted under subparagraph (A) of this

paragraph which, in whole or in part, is to control the discharge

or other placement of dredged or fill material into the navigable

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 discharge or other

placement of dredged or fill material which adversely affects

navigable waters, which shall complement and be coordinated with

a State program under section 1344 of this title conducted

pursuant to this chapter.

(iii) A process to assure that any activity conducted pursuant

to a best management practice will comply with the guidelines

established 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 following:

(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 coordination with Federal and

Federal-State water-related planning and reviewing processes,

including the National Wetlands Inventory.

(C) If the Governor of a State obtains approval from the

Administrator of a statewide regulatory 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 required to obtain an individual permit

pursuant to such section, or to comply with a general permit issued

pursuant to such section, with respect 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 pursuant to this paragraph.

(D)(i) Whenever the Administrator determines after public hearing

that a State is not administering a program approved under this

section in accordance with the requirements of this section, 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 program unless he shall first have notified the State, and

made public, in writing, the reasons for such withdrawal.

(ii) In the case of a State with a program submitted and approved

under this paragraph, the Administrator shall withdraw approval of

such program under this subparagraph only for a substantial 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 consultation with the planning

agency designated under subsection (a) of this section, at the time

a plan is submitted to the Administrator, shall designate one or

more waste treatment management 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 designation, he finds that the designated

management agency (or agencies) does not have adequate 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 subsection (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 assessment of waste

treatment charges;

(F) to incur short- and long-term indebtedness;

(G) to assure in implementation of an areawide waste treatment

management plan that each participating community pays its

proportionate 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 approved 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) of this section has been designated

under such subsection for an area and a plan for such area has been

approved under subsection (b) of this section, the Administrator

shall not make any grant for construction 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 conflict with a plan approved pursuant

to subsection (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 areawide 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 operating a continuing areawide waste treatment

management planning process under subsection (b) of this section,

and thereafter the amount granted to such agency shall not exceed

75 per centum of such costs in each succeeding one-year period. In

the case of any other grant made to an agency under such paragraph

(1) of this subsection, the amount of such grant shall not exceed

75 per centum of the costs of developing and operating a continuing

areawide waste treatment management planning process in any year.

(3) Each applicant for a grant under this subsection shall submit

to the Administrator for his approval each proposal for which a

grant is applied for under this subsection. The Administrator shall

act upon such proposal as soon as practicable after it has been

submitted, and his approval of that proposal shall be deemed a

contractual obligation of the United States for the payment of its

contribution to such proposal, subject to such amounts as are

provided in appropriation Acts. There is authorized to be

appropriated 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, September 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 planning

organization, to consult with, and provide technical assistance to,

any agency designed (!1) under subsection (a) of this section in

developing 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 reimbursement, provide

technical assistance to such State in developing a statewide

program for submission 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 complete the National Wetlands Inventory

of the United States, by December 31, 1981, and to provide

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 concurrence 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 program to enter into contracts, subject to such

amounts as are provided in advance by appropriation 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 incorporating 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 subsection (b) of this section where the

practices to which the contracts apply are certified by the

management agency designated under subsection (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 Secretary;

(ii) to forfeit all rights to further payments or grants under

the contract and refund to the United States all payments and

grants received thereunder, with interest, upon his violation of

the contract at any stage during the time he has control of the

land if the Secretary, after considering the recommendations of

the soil conservation district, where one exists, and the

Administrator, determines that such violation is of such a nature

as to warrant 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 contract period to forfeit all

rights to further payments or grants under the contract and

refund to the United States all payments or grants received

thereunder, with interest, unless 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 Administrator in the contract as a practice

which would tend to defeat the purposes of the contract;

(v) to such additional provisions as the Secretary determines

are desirable and includes in the contract to effectuate the

purposes of the program or to facilitate the practical

administration of the program.

(2) In return for such agreement by the landowner 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 implement 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 appropriate to effectuate the

installation of the water quality management practices and measures

under the contract, but not to exceed 50 per centum of the total

cost of the measures set forth in the contract; except the

Secretary may increase the matching cost share where he determines

that (1) the main benefits to be derived from the measures are

related to improving offsite water quality, and (2) the matching

share requirement would place a burden on the landowner which would

probably prevent him from participating in the program.

(3) The Secretary may terminate any contract with a landowner or

operator by mutual agreement with the owner or operator if the

Secretary 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 facilitate 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 subsection the Secretary

will give priority to those areas and sources that have the most

significant effect upon water quality. Additional investigations 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 administer 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 Secretary deems necessary, and

for payment by the United States of such portion of the costs

incurred 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 management agency designated under

subsection (c)(1) of this section assures an adequate level of

participation by owners and operators having control of rural land

in such areas. Within such areas the local soil conservation

district, where one exists, together with the Secretary of

Agriculture, will determine the priority of assistance among

individual land owners and operators to assure that the most

critical water quality problems are addressed.

(7) The Secretary, in consultation with the Administrator 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 implementation of this subsection.

(8) This program shall not be used to authorize or finance

projects that would otherwise be eligible for assistance under the

terms of Public Law 83-566 [16 U.S.C. 1001 et seq.].

(9) There are hereby authorized to be appropriated 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 addition to, and not in substitution of, other programs in such

area authorized by this or any other public law.

-SOURCE-

(June 30, 1948, ch. 758, title II, Sec. 208, as added Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 839; amended Pub. L.

95-217, Secs. 4(e), 31, 32, 33(a), 34, 35, Dec. 27, 1977, 91 Stat.

1566, 1576-1579; Pub. L. 96-483, Sec. 1(d), (e), Oct. 21, 1980, 94

Stat. 2360; Pub. L. 100-4, title I, Sec. 101(d), (e), Feb. 4, 1987,

101 Stat. 9.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 83-566, referred to in subsec. (j)(8), is act Aug. 4,

1954, ch. 656, 68 Stat. 666, as amended, known as the Watershed

Protection and Flood Prevention Act, which is classified generally

to chapter 18 (Sec. 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.

-MISC1-

AMENDMENTS

1987 - Subsec. (f)(3). Pub. L. 100-4, Sec. 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, Sec. 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, Sec. 1(d), inserted

authorization 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, Sec. 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, Sec. 31(a), designated

existing provisions as subpar. (A) and added subpar. (B).

Subsec. (b)(2)(A). Pub. L. 95-217, Sec. 32, inserted ", 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 recreation" after

"development of such treatment works".

Subsec. (b)(2)(F). Pub. L. 95-217, Sec. 33(a), substituted

"sources of pollution, including return flows from irrigated

agriculture, and their cumulative effects," for "sources of

pollution, including".

Subsec. (b)(4). Pub. L. 95-217, Sec. 34(a), designated existing

provisions as subpar. (A), substituted "to the Administrator 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, Sec. 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 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" for "The amount

granted to any agency under paragraph (1) of this subsection shall

be 100 per centum of the costs of developing and operating a

continuing areawide waste treatment management planning process

under subsection (b) of this section 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 succeeding

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 exceed 75 per centum of the costs of

developing and operating a continuing areawide waste treatment

management planning process in any year."

Subsec. (f)(3). Pub. L. 95-217, Secs. 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, Sec. 34(b), added subsec. (i).

Subsec. (j). Pub. L. 95-217, Sec. 35, added subsec. (j).

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of Agriculture, insofar as they involve lands and

programs under jurisdiction of that Department, relating to

compliance with this chapter with respect to pre-construction,

construction, and initial operation of transportation system for

Canadian and Alaskan natural gas were transferred to the Federal

Inspector, Office of Federal Inspector for the Alaska Natural Gas

Transportation 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, Secs. 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 authority 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1252, 1284, 1285, 1287,

1289, 1313, 1314, 1329, 1344, 1362, 1375, 1376, 1383 of this title;

title 16 section 1455b; title 26 section 126; title 42 sections

300h-6, 6946, 7412.

-FOOTNOTE-

(!1) So in original. Probably should be "designated".

-End-