-CITE-

33 USC CHAPTER 41 - NATIONAL COASTAL MONITORING 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 41 - NATIONAL COASTAL MONITORING

-HEAD-

CHAPTER 41 - NATIONAL COASTAL MONITORING

-MISC1-

Sec.

2801. Purposes.

2802. Definitions.

2803. Comprehensive Coastal Water Quality Monitoring

Program.

(a) Authority; joint implementation.

(b) Program elements.

(c) Monitoring guidelines and protocols.

(d) Intensive coastal water quality monitoring

programs.

(e) Comprehensive Implementation Strategy.

2804. Report to Congress.

2805. Authorization of appropriations.

(a) NOAA authorization.

(b) EPA authorization.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1914 of this title.

-End-

-CITE-

33 USC Sec. 2801 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 41 - NATIONAL COASTAL MONITORING

-HEAD-

Sec. 2801. Purposes

-STATUTE-

The purposes of this chapter are to -

(1) establish a comprehensive national program for consistent

monitoring of the Nation's coastal ecosystems;

(2) establish long-term water quality assessment and monitoring

programs for high priority coastal waters that will enhance the

ability of Federal, State, and local authorities to develop and

implement effective remedial programs for those waters;

(3) establish a system for reviewing and evaluating the

scientific, analytical, and technological means that are

available for monitoring the environmental quality of coastal

ecosystems;

(4) establish methods for identifying uniform indicators of

coastal ecosystem quality;

(5) provide for periodic, comprehensive reports to Congress

concerning the quality of the Nation's coastal ecosystems;

(6) establish a coastal environment information program to

distribute coastal monitoring information;

(7) provide state (!1) programs authorized under the Coastal

Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) with

information necessary to design land use plans and coastal zone

regulations that will contribute to the protection of coastal

ecosystems; and

(8) provide certain water pollution control programs authorized

under the Federal Water Pollution Control Act (33 U.S.C. 1251 et

seq.) with information necessary to design and implement

effective coastal water pollution controls.

-SOURCE-

(Pub. L. 92-532, title V, Sec. 501, as added Pub. L. 102-567, title

V, Sec. 501, Oct. 29, 1992, 106 Stat. 4293.)

-REFTEXT-

REFERENCES IN TEXT

The Coastal Zone Management Act of 1972, referred to in par. (7),

is title III of Pub. L. 89-454 as added by Pub. L. 92-583, Oct. 27,

1972, 86 Stat. 1280, as amended, which is classified generally to

chapter 33 (Sec. 1451 et seq.) of Title 16, Conservation. For

complete classification of this Act to the Code, see Short Title

note set out under section 1451 of Title 16 and Tables.

The Federal Water Pollution Control Act, referred to in par. (8),

is act June 30, 1948, ch. 758, as amended generally by Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified

generally to chapter 26 (Sec. 1251 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1251 of this title and Tables.

-MISC1-

SHORT TITLE

Title V of Pub. L. 92-532, which comprises this chapter, is

popularly known as the "National Coastal Monitoring Act".

-FOOTNOTE-

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

-End-

-CITE-

33 USC Sec. 2802 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 41 - NATIONAL COASTAL MONITORING

-HEAD-

Sec. 2802. Definitions

-STATUTE-

For the purposes of this chapter, the term -

(1) "Administrator" means the Administrator of the

Environmental Protection Agency;

(2) "coastal ecosystem" means a system of interacting

biological, chemical, and physical components throughout the

water column, water surface, and benthic environment of coastal

waters;

(3) "coastal water quality" means the physical, chemical and

biological parameters that relate to the health and integrity of

coastal ecosystems;

(4) "coastal water quality monitoring" means a continuing

program of measurement, analysis, and synthesis to identify and

quantify coastal water quality conditions and trends to provide a

technical basis for decisionmaking;

(5) "coastal waters" means waters of the Great Lakes, including

their connecting waters and those portions of rivers, streams,

and other bodies of water having unimpaired connection with the

open sea up to the head of tidal influence, including wetlands,

intertidal areas, bays, harbors, and lagoons, including waters of

the territorial sea of the United States and the contiguous

zone"; (!1) and

(6) "Under Secretary" means Under Secretary of Commerce for

Oceans and Atmosphere.

-SOURCE-

(Pub. L. 92-532, title V, Sec. 502, as added Pub. L. 102-567, title

V, Sec. 501, Oct. 29, 1992, 106 Stat. 4294.)

-EXEC-

TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES

For extension of territorial sea and contiguous zone of United

States, see Proc. No. 5928 and Proc. No. 7219, respectively, set

out as notes under section 1331 of Title 43, Public Lands.

-FOOTNOTE-

(!1) So in original. The closing quotation marks preceding the

semicolon probably should not appear.

-End-

-CITE-

33 USC Sec. 2803 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 41 - NATIONAL COASTAL MONITORING

-HEAD-

Sec. 2803. Comprehensive Coastal Water Quality Monitoring Program

-STATUTE-

(a) Authority; joint implementation

(1) The Administrator and the Under Secretary, in conjunction

with other Federal, State, and local authorities, shall jointly

develop and implement a program for the long-term collection,

assimilation, and analysis of scientific data designed to measure

the environmental quality of the Nation's coastal ecosystems

pursuant to this section. Monitoring conducted pursuant to this

section shall be coordinated with relevant monitoring programs

conducted by the Administrator, Under Secretary, and other Federal,

State, and local authorities.

(2) Primary leadership for the monitoring program activities

conducted by the Environmental Protection Agency pursuant to this

section shall be located at the Environmental Research Laboratory

in Narragansett, Rhode Island.

(b) Program elements

The Comprehensive Coastal Water Quality Monitoring Program shall

include, but not be limited to -

(1) identification and analysis of the status of environmental

quality in the Nation's coastal ecosystems, including but not

limited to, assessment of -

(A) ambient water quality, including contaminant levels in

relation to criteria and standards issued pursuant to title III

or (!1) the Federal Water Pollution Control Act (33 U.S.C. 1311

et seq.);

(B) benthic environmental quality, including analysis of

contaminant levels in sediments in relation to criteria and

standards issued pursuant to title III of the Federal Water

Pollution Control Act (33 U.S.C. 1311 et seq.); and

(C) health and quality of living resources.(!2)

(2) identification of sources of environmental degradation

affecting the Nation's coastal ecosystems;

(3) assessment of the impact of governmental programs and

management strategies and measures designed to abate or prevent

the environmental degradation of the Nation's coastal ecosystems;

(4) assessment of the accumulation of floatables along coastal

shorelines;

(5) analysis of expected short-term and long-term trends in the

environmental quality of the Nation's coastal ecosystems; and

(6) the development and implementation of intensive coastal

water quality monitoring programs in accordance with subsection

(d) of this section.

(c) Monitoring guidelines and protocols

(1) Guidelines

Not later than 18 months after October 29, 1992, the

Administrator and the Under Secretary shall jointly issue coastal

water quality monitoring guidelines to assist in the development

and implementation of coastal water quality monitoring programs.

The guidelines shall -

(A) provide an appropriate degree of uniformity among the

coastal water quality monitoring methods and data while

preserving the flexibility of monitoring programs to address

specific needs;

(B) establish scientifically valid monitoring methods that

will -

(i) provide simplified methods to survey and assess the

water quality and ecological health of coastal waters;

(ii) identify and quantify through more intensive efforts

the severity of existing or anticipated problems in selected

coastal waters;

(iii) identify and quantify sources of pollution that cause

or contribute to those problems, including point and nonpoint

sources; and

(iv) evaluate over time the effectiveness of efforts to

reduce or eliminate pollution from those sources;

(C) provide for data compatibility to enable data to be

efficiently stored and shared by various users; and

(D) identify appropriate physical, chemical, and biological

indicators of the health and quality of coastal ecosystems.

(2) Technical protocols

Guidelines issued under paragraph (1) shall include protocols

for -

(A) designing statistically valid coastal water quality

monitoring networks and monitoring surveys, including

assessment of the accumulation of floatables.(!2)

(B) sampling and analysis, including appropriate physical and

chemical parameters, living resource parameters, and sediment

analysis techniques; and

(C) quality control, quality assessment, and data consistency

and management.

(3) Periodic review

The Administrator and the Under Secretary shall periodically

review the guidelines and protocols issued under this subsection

to evaluate their effectiveness, the degree to which they

continue to answer program objectives and provide an appropriate

degree of uniformity while taking local conditions into account,

and any need to modify or supplement them with new guidelines and

protocols, as needed.

(4) Discharge permit data

The Administrator or a State permitting authority shall ensure

that compliance monitoring conducted pursuant to section

402(a)(2) of the Federal Water Pollution Control Act (33 U.S.C.

1342(a)(2)) for permits for discharges to coastal waters is

consistent with the guidelines issued under this subsection. Any

modifications of discharge permits necessary to implement this

subsection shall be deemed to be minor modifications of such

permit. Nothing in this subsection requires dischargers to

conduct monitoring other than compliance monitoring pursuant to

permits under section 402(a)(2) of the Federal Water Pollution

Control Act (33 U.S.C. 1342(a)(2)).

(d) Intensive coastal water quality monitoring programs

(1) In general

The Comprehensive Coastal Water Quality Monitoring Program

established pursuant to this section shall include intensive

coastal water quality monitoring programs developed under this

subsection.

(2) Designation of intensive monitoring areas

Not later than 24 months after October 29, 1992, and

periodically thereafter, the Administrator and the Under

Secretary shall, based on recommendations by the National

Research Council, jointly designate coastal areas to be

intensively monitored.

(3) Identification of suitable coastal areas

(A) The Administrator and the Under Secretary shall contract

with the National Research Council to conduct a study to identify

coastal areas suitable for the establishment of intensive coastal

monitoring programs. In identifying these coastal areas, the

National Research Council shall consider areas that -

(i) are representatives of coastal ecosystems throughout the

United States;

(ii) will provide information to assess the status and trends

of coastal water quality nation-wide; and

(iii) would benefit from intensive water quality monitoring

because of local management needs.

(B) In making recommendations under this paragraph, the

National Research Council shall consult with Regional Research

Boards established pursuant to title IV of this Act [16 U.S.C.

1447 et seq.].

(C) The National Research Council shall, within 18 months of

October 29, 1992, submit a report to the Administrator and the

Under Secretary listing areas suitable for intensive monitoring.

(D) The Administrator and the Under Secretary, in conjunction

with other Federal, State, and local authorities, shall develop

and implement multi-year programs of intensive monitoring for

Massachusetts and Cape Cod Bays, the Gulf of Maine, the

Chesapeake Bay, the Hudson-Raritan Estuary, and each area jointly

designated by the Administrator and the Under Secretary pursuant

to paragraph (2).

(4) Intensive coastal water quality monitoring programs

Each intensive coastal water quality monitoring program

developed pursuant to this subsection shall -

(A) identify water quality conditions and problems and

provide information to assist in improving coastal water

quality;

(B) clearly state the goals and objectives of the monitoring

program and their relationship to the water quality objectives

for coastal waters covered by the program;

(C) identify the water quality and biological parameters of

the monitoring program and their relationship to these goals

and objectives;

(D) describe the types of monitoring networks, surveys and

other activities to be used to achieve these goals and

objectives, using where appropriate the guidelines issued under

subsection (c) of this section;

(E) survey existing Federal, State, and local coastal

monitoring activities and private compliance monitoring

activities in or on the coastal waters covered by the program,

describe the relationship of the program to those other

monitoring activities, and integrate them, as appropriate, into

the intensive monitoring program;

(F) describe the data management and quality control

components of the program;

(G) specify the implementation requirements for the program,

including -

(i) the lead Federal, State, or regional authority that

will administer the program;

(ii) the public and private parties that will implement the

program;

(iii) a detailed schedule for program implementation;

(iv) all Federal and State responsibilities for

implementing the program; and

(v) the changes in Federal, State, and local monitoring

programs necessary to implement the program;

(H) estimate the costs to Federal and State governments, and

other participants, of implementing the monitoring program; and

(I) describe the methods to assess periodically the success

of the monitoring program in meeting its goals and objectives,

and the manner in which the program may be modified from

time-to-time.

(5) Criteria for monitoring Massachusetts and Cape Cod Bays

In addition to the criteria listed in paragraph (4), the

intensive monitoring program for Massachusetts and Cape Cod Bays

shall establish baseline data on environmental phenomena (such as

quantity of bacteria and quality of indigenous species, and

swimmability) and determine the ecological impacts resulting from

major point source discharges.

(6) Memorandum of Understanding

Prior to implementing any intensive coastal water quality

monitoring program under this subsection, the Administrator and

the Under Secretary shall enter into a Memorandum of

Understanding to implement the intensive coastal water quality

monitoring programs and may extend the memorandum (!3) of

Understanding to include other appropriate Federal agencies. The

Memorandum of Understanding shall identify the monitoring and

reporting responsibilities of each agency and shall encourage the

coordination of monitoring activities.

(7) Implementation

(A) The Administrator, the Under Secretary, and the Governor of

each State having waters subject to an intensive coastal water

quality monitoring program developed pursuant to this subsection

shall ensure compliance with that program.

(B) The Administrator and the Under Secretary are authorized to

enter into cooperative agreements to provide financial assistance

to non-Federal agencies and institutions to support

implementation of intensive monitoring programs under this

subsection. Federal financial assistance may only be provided on

the condition that not less than fifty percent of the costs of

the monitoring to be conducted by a non-Federal agency or

institution is provided from non-Federal funds.

(e) Comprehensive Implementation Strategy

(1) In general

Within 1 year after October 29, 1992, the Administrator and the

Under Secretary shall jointly submit to Congress a Comprehensive

Implementation Strategy identifying the current and planned

activities to implement the Comprehensive Coastal Monitoring

Program pursuant to this section.

(2) Consultation

The Administrator and the Under Secretary shall consult with

the National Academy of Sciences, the Director of the United

States Fish and Wildlife Service, the Director of the Minerals

Management Service, the Commandant of the Coast Guard, the

Secretary of the Navy, the Secretary of Agriculture, the heads of

any other relevant Federal or regional agencies, and the

Governors of coastal States in developing the Strategy.

(3) Public comment

Not less than 3 months before submitting the Strategy to

Congress, the Administrator and the Under Secretary shall jointly

publish a draft version of the Strategy in the Federal Register

and shall solicit public comments regarding the Strategy.

(4) Memorandum of Understanding

Within 1 year after submission of the Strategy under paragraph

(1), the Administrator and the Under Secretary shall enter into a

Memorandum of Understanding with appropriate Federal agencies

necessary to effect the coordination of Federal coastal

monitoring programs. The Memorandum of Understanding shall

identify the monitoring and reporting responsibilities of each

agency and shall encourage the coordination of monitoring

activities where possible.

-SOURCE-

(Pub. L. 92-532, title V, Sec. 503, as added Pub. L. 102-567, title

V, Sec. 501, Oct. 29, 1992, 106 Stat. 4294.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Water Pollution Control Act, referred to in subsec.

(b)(1), is act June 30, 1948, ch. 758, as amended generally by Pub.

L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816. Title III of the

Act is classified generally to subchapter III (Sec. 1311 et seq.)

of chapter 26 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 1251 of

this title and Tables.

Title IV of this Act, referred to in subsec. (d)(3)(B), is title

IV of Pub. L. 92-532 which is classified generally to chapter 32A

(Sec. 1447 et seq.) of Title 16, Conservation.

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2804, 2805 of this title.

-FOOTNOTE-

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

(!2) So in original. The period probably should be a semicolon.

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

-End-

-CITE-

33 USC Sec. 2804 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 41 - NATIONAL COASTAL MONITORING

-HEAD-

Sec. 2804. Report to Congress

-STATUTE-

On September 30 of each other year beginning in 1993, the

Administrator and the Under Secretary shall jointly submit to the

Committee on Commerce, Science, and Transportation and the

Committee on Environment and Public Works of the Senate and the

Committee on Merchant Marine and Fisheries and the Committee on

Public Works and Transportation of the House of Representatives a

report describing the condition of the Nation's coastal ecosystems,

including the following:

(1) an assessment of the status and health of the Nation's

coastal ecosystems;

(2) an evaluation of environmental trends in coastal

ecosystems;

(3) identification of sources of enironmental (!1) degradation

affecting coastal ecosystems;

(4) an assessment of the extent to which floatables degrade

coastal ecosystems, including trends in the accumulation of

floatables and the threat posed by floatables to aquatic life;

(5) an assessment of the impact of government programs designed

to abate the degradation of coastal ecosystems: (!2)

(6) an evaluation of the adequacy of monitoring programs and

identification of any additional program elements which may be

needed; and

(7) a summary of monitoring results in areas monitored under

subsection (!3) 2803(d) of this title.

-SOURCE-

(Pub. L. 92-532, title V, Sec. 504, as added Pub. L. 102-567, title

V, Sec. 501, Oct. 29, 1992, 106 Stat. 4299.)

-CHANGE-

CHANGE OF NAME

Committee on Public Works and Transportation of House of

Representatives treated as referring to Committee on Transportation

and Infrastructure of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2,

The Congress.

-TRANS-

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of

Representatives abolished and its jurisdiction transferred by House

Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For

treatment of references to Committee on Merchant Marine and

Fisheries, see section 1(b)(3) of Pub. L. 104-14, set out as a note

preceding section 21 of Title 2, The Congress.

-FOOTNOTE-

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

(!2) So in original. Probably should be a semicolon.

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

-End-

-CITE-

33 USC Sec. 2805 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 41 - NATIONAL COASTAL MONITORING

-HEAD-

Sec. 2805. Authorization of appropriations

-STATUTE-

(a) NOAA authorization

For development and implementation of programs under this

chapter, including financial assistance to non-Federal agencies and

institutions to support implementation of intensive monitoring

programs under section 2803(d) of this title, there is authorized

to be appropriated to the Under Secretary amounts not to exceed

$5,000,000 for fiscal year 1993, $8,000,000 for fiscal year 1994,

$10,000,000 for fiscal year 1995, and $12,000,000 for fiscal year

1996.

(b) EPA authorization

For development and implementation of programs under this

chapter, including financial assistance to non-Federal agencies and

institutions to support implementation of intensive monitoring

programs under section 2803(d) of this title, there is authorized

to be appropriated to the Administrator amounts not to exceed

$5,000,000 for fiscal year 1993, $8,000,000 for fiscal year 1994,

and $10,000,000 for fiscal year 1995, and $12,000,000 for fiscal

year 1996.

-SOURCE-

(Pub. L. 92-532, title V, Sec. 505, as added Pub. L. 102-567, title

V, Sec. 501, Oct. 29, 1992, 106 Stat. 4299.)

-End-