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

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33 USC CHAPTER 26 - WATER POLLUTION PREVENTION AND

CONTROL 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

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CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL

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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.

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.

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.

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.

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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(d) Grants.

(e) Assistance to distressed communities.

(f) Authorizations.

1270. Lake Champlain Basin Program.

(a) Establishment.

(b) Membership.

(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.

(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.

(d) Grants.

(e) Definitions.

(f) Authorization of appropriations.

1274. Wet weather watershed pilot projects.

(a) In general.

(b) Administration.

(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.

(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.

1283. Plans, specifications, estimates, and payments.

(a) Submission; contractual nature of approval by

Administrator; agreement on eligible costs;

single grant.

(b) Periodic 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.

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.

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.

(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.

(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.

1290. Annual survey.

1291. Sewage collection systems.

(a) Existing and new systems.

(b) Use of population density as test.

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.

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.

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.

(d) Projects affected.

1299. State certification of projects.

1300. Pilot program for alternative water source projects.

(a) Policy.

(b) In general.

(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.

(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.

(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.

1313. Water quality standards and implementation plans.

(a) Existing water quality standards.

(b) Proposed regulations.

(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.

(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.

(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.

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.

(d) Access by Congress.

1319. Enforcement.

(a) State enforcement; compliance orders.

(b) Civil actions.

(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.

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.

(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.

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.

appropriations.

(d) Demonstration program.

1325. National Study Commission.

(a) Establishment.

(b) Membership; chairman.

(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.

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.

1329. Nonpoint source management programs.

(a) State assessment reports.

(b) State management programs.

(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.

(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.

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.

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.

waters.

1344. Permits for dredged or fill material.

(a) Discharge into navigable waters at specified

disposal sites.

(b) Specification for disposal sites.

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.

(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.

(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.

(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.

1364. Emergency powers.

(a) Emergency powers.

(b) Repealed.

1365. Citizen suits.

(a) Authorization; jurisdiction.

(b) Notice.

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.

(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.

(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.

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.

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.

(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.

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.

(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.

(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.

1385. Corrective action.

(a) Notification of noncompliance.

(b) Withholding of payments.

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

plan.

(a) Fiscal control and auditing procedures.

(b) Annual Federal audits.

(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.

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.

(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;

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.

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

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

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.

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,".