-CITE-
    33 USC CHAPTER 26 - WATER POLLUTION PREVENTION AND
           CONTROL                                         01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
-MISC1-
            CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
               SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
    Sec.
    1251.       Congressional declaration of goals and policy.
    1252.       Comprehensive programs for water pollution control.
    1252a.      Reservoir projects, water storage; 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.
    1254a.      Research on effects of pollutants.
    1255.       Grants for research and development.
    1256.       Grants for pollution control programs.
    1257.       Mine water pollution control demonstrations.
    1257a.      State demonstration programs for cleanup of abandoned
                 mines for use as waste disposal sites; authorization
                 of appropriations.
    1258.       Pollution control in the Great Lakes.
    1259.       Training grants and contracts.
    1260.       Applications; allocation.
    1261.       Scholarships.
    1262.       Definitions and authorizations.
    1263.       Alaska village demonstration projects.
    1263a.      Grants to Alaska to improve sanitation in rural and
                 Native villages.
    1264.       Omitted.
    1265.       In-place toxic pollutants.
    1266.       Hudson River reclamation demonstration project.
    1267.       Chesapeake Bay.
    1268.       Great Lakes.
    1269.       Long Island Sound.
    1270.       Lake Champlain Basin Program.
    1271.       Sediment survey and monitoring.
    1271a.      Research and development program.
    1272.       Environmental dredging.
    1273.       Lake Pontchartrain Basin.
    1274.       Wet weather watershed pilot projects.
        SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
    1281.       Congressional declaration of purpose.
    1281a.      Total treatment system funding.
    1281b.      Availability of Farmers Home Administration funds for
                 non-Federal share.
    1282.       Federal share.
    1283.       Plans, specifications, estimates, and payments.
    1284.       Limitations and conditions.
    1285.       Allotment of grant funds.
    1286.       Reimbursement and advanced construction.
    1287.       Authorization of appropriations.
    1288.       Areawide waste treatment management.
    1289.       Basin planning.
    1290.       Annual survey.
    1291.       Sewage collection systems.
    1292.       Definitions.
    1293.       Loan guarantees.
    1293a.      Contained spoil disposal facilities.
    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.
    1299.       State certification of projects.
    1300.       Pilot program for alternative water source projects.
    1301.       Sewer overflow control grants.
                SUBCHAPTER III - STANDARDS AND ENFORCEMENT
    1311.       Effluent limitations.
    1312.       Water quality related effluent limitations.
    1313.       Water quality standards and implementation plans.
    1313a.      Revised water quality standards.
    1314.       Information and guidelines
    1315.       State reports on water quality.
    1316.       National standards of performance.
    1317.       Toxic and pretreatment effluent standards.
    1318.       Records and reports; inspections.
    1319.       Enforcement.
    1320.       International pollution abatement.
    1321.       Oil and hazardous substance liability.
    1322.       Marine sanitation devices.
    1323.       Federal facilities pollution control.
    1324.       Clean lakes.
    1325.       National Study Commission.
    1326.       Thermal discharges.
    1327.       Omitted.
    1328.       Aquaculture.
    1329.       Nonpoint source management programs.
    1330.       National estuary program.
                   SUBCHAPTER IV - PERMITS AND LICENSES
    1341.       Certification.
    1342.       National pollutant discharge elimination system.
    1343.       Ocean discharge criteria.
    1344.       Permits for dredged or fill material.
    1345.       Disposal or use of sewage sludge.
    1346.       Coastal recreation water quality monitoring and
                 notification.
                     SUBCHAPTER V - GENERAL PROVISIONS
    1361.       Administration.
    1362.       Definitions.
    1363.       Water Pollution Control Advisory Board.
    1364.       Emergency powers.
    1365.       Citizen suits.
    1366.       Appearance.
    1367.       Employee protection.
    1368.       Federal procurement.
    1369.       Administrative procedure and judicial review.
    1370.       State authority.
    1371.       Authority under other laws and regulations.
    1372.       Labor standards.
    1373.       Public health agency coordination.
    1374.       Effluent Standards and Water Quality Information
                 Advisory Committee.
    1375.       Reports to Congress; detailed estimates and
                 comprehensive study on costs; State estimates.
    1375a.      Report on coastal recreation waters.
    1376.       Authorization of appropriations.
    1377.       Indian tribes.
       SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS
    1381.       Grants to States for establishment of revolving funds.
    1382.       Capitalization grant agreements.
    1383.       Water pollution control revolving loan funds.
    1384.       Allotment of funds.
    1385.       Corrective action.
    1386.       Audits, reports, and fiscal controls; intended use
                 plan.
    1387.       Authorization of appropriations.
-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.
-End-
-CITE-
    33 USC SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS         01/03/2007
-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                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1251. Congressional declaration of goals and policy
-STATUTE-
    (a) Restoration and maintenance of chemical, physical and
      biological integrity of Nation's waters; national goals for
      achievement of objective
      The objective of this chapter is to restore and maintain the
    chemical, physical, and biological integrity of the Nation's
    waters. In order to achieve this objective it is hereby declared
    that, consistent with the provisions of this chapter -
        (1) it is the national goal that the discharge of pollutants
      into the navigable waters be eliminated by 1985;
        (2) it is the national goal that wherever attainable, an
      interim goal of water quality which provides for the protection
      and propagation of fish, shellfish, and wildlife and provides for
      recreation in and on the water be achieved by July 1, 1983;
        (3) it is the national policy that the discharge of toxic
      pollutants in toxic amounts be prohibited;
        (4) it is the national policy that Federal financial assistance
      be provided to construct publicly owned waste treatment works;
        (5) it is the national policy that areawide waste treatment
      management planning processes be developed and implemented to
      assure adequate control of sources of pollutants in each State;
        (6) it is the national policy that a major research and
      demonstration effort be made to develop technology necessary to
      eliminate the discharge of pollutants into the navigable waters,
      waters of the contiguous zone, and the oceans; and
        (7) it is the national policy that programs for the control of
      nonpoint sources of pollution be developed and implemented in an
      expeditious manner so as to enable the goals of this chapter to
      be met through the control of both point and nonpoint sources of
      pollution.
    (b) Congressional recognition, preservation, and protection of
      primary responsibilities and rights of States
      It is the policy of the Congress to recognize, preserve, and
    protect the primary responsibilities and rights of States to
    prevent, reduce, and eliminate pollution, to plan the development
    and use (including restoration, preservation, and enhancement) of
    land and water resources, and to consult with the Administrator in
    the exercise of his authority under this chapter. It is the policy
    of Congress that the States manage the construction grant program
    under this chapter and implement the permit programs under sections
    1342 and 1344 of this title. It is further the policy of the
    Congress to support and aid research relating to the prevention,
    reduction, and elimination of pollution and to provide Federal
    technical services and financial aid to State and interstate
    agencies and municipalities in connection with the prevention,
    reduction, and elimination of pollution.
    (c) Congressional policy toward Presidential activities with
      foreign countries
      It is further the policy of Congress that the President, acting
    through the Secretary of State and such national and international
    organizations as he determines appropriate, shall take such action
    as may be necessary to insure that to the fullest extent possible
    all foreign countries shall take meaningful action for the
    prevention, reduction, and elimination of pollution in their waters
    and in international waters and for the achievement of goals
    regarding the elimination of discharge of pollutants and the
    improvement of water quality to at least the same extent as the
    United States does under its laws.
    (d) Administrator of Environmental Protection Agency to administer
      chapter
      Except as otherwise expressly provided in this chapter, the
    Administrator of the Environmental Protection Agency (hereinafter
    in this chapter called "Administrator") shall administer this
    chapter.
    (e) Public participation in development, revision, and enforcement
      of any regulation, etc.
      Public participation in the development, revision, and
    enforcement of any regulation, standard, effluent limitation, plan,
    or program established by the Administrator or any State under this
    chapter shall be provided for, encouraged, and assisted by the
    Administrator and the States. The Administrator, in cooperation
    with the States, shall develop and publish regulations specifying
    minimum guidelines for public participation in such processes.
    (f) Procedures utilized for implementing chapter
      It is the national policy that to the maximum extent possible the
    procedures utilized for implementing this chapter shall encourage
    the drastic minimization of paperwork and interagency decision
    procedures, and the best use of available manpower and funds, so as
    to prevent needless duplication and unnecessary delays at all
    levels of government.
    (g) Authority of States over water
      It is the policy of Congress that the authority of each State to
    allocate quantities of water within its jurisdiction shall not be
    superseded, abrogated or otherwise impaired by this chapter. It is
    the further policy of Congress that nothing in this chapter shall
    be construed to supersede or abrogate rights to quantities of water
    which have been established by any State. Federal agencies shall co-
    operate with State and local agencies to develop comprehensive
    solutions to prevent, reduce and eliminate pollution in concert
    with programs for managing water resources.
-SOURCE-
    (June 30, 1948, ch. 758, title I, Sec. 101, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 816; amended Pub. L. 95-217,
    Secs. 5(a), 26(b), Dec. 27, 1977, 91 Stat. 1567, 1575; Pub. L. 100-
    4, title III, Sec. 316(b), Feb. 4, 1987, 101 Stat. 60.)
-MISC1-
                                AMENDMENTS
      1987 - Subsec. (a)(7). Pub. L. 100-4 added par. (7).
      1977 - Subsec. (b). Pub. L. 95-217, Sec. 26(b), inserted
    provisions expressing Congressional policy that the States manage
    the construction grant program under this chapter and implement the
    permit program under sections 1342 and 1344 of this title.
      Subsec. (g). Pub. L. 95-217, Sec. 5(a), added subsec. (g).
                       SHORT TITLE OF 2002 AMENDMENT
      Pub. L. 107-303, Sec. 1(a), Nov. 27, 2002, 116 Stat. 2355,
    provided that: "This Act [enacting section 1271a of this title,
    amending sections 1254, 1266, 1268, 1270, 1285, 1290, 1324, 1329,
    1330, and 1375 of this title, enacting provisions set out as notes
    under this section, section 1254 of this title, and section 1113 of
    Title 31, Money and Finance, and repealing provisions set out as a
    note under section 50 of Title 20, Education] may be cited as the
    'Great Lakes and Lake Champlain Act of 2002'."
      Pub. L. 107-303, title I, Sec. 101, Nov. 27, 2002, 116 Stat.
    2355, provided that: "This title [enacting section 1271a of this
    title and amending section 1268 of this title] may be cited as the
    'Great Lakes Legacy Act of 2002'."
      Pub. L. 107-303, title II, Sec. 201, Nov. 27, 2002, 116 Stat.
    2358, provided that: "This title [amending section 1270 of this
    title] may be cited as the 'Daniel Patrick Moynihan Lake Champlain
    Basin Program Act of 2002'."
                      SHORT TITLE OF 2000 AMENDMENTS
      Pub. L. 106-457, title II, Sec. 201, Nov. 7, 2000, 114 Stat.
    1967, provided that: "This title [amending section 1267 of this
    title and enacting provisions set out as a note under section 1267
    of this title] may be cited as the 'Chesapeake Bay Restoration Act
    of 2000'."
      Pub. L. 106-457, title IV, Sec. 401, Nov. 7, 2000, 114 Stat.
    1973, provided that: "This title [amending section 1269 of this
    title] may be cited as the 'Long Island Sound Restoration Act'."
      Pub. L. 106-457, title V, Sec. 501, Nov. 7, 2000, 114 Stat. 1973,
    provided that: "This title [enacting section 1273 of this title]
    may be cited as the 'Lake Pontchartrain Basin Restoration Act of
    2000'."
      Pub. L. 106-457, title VI, Sec. 601, Nov. 7, 2000, 114 Stat.
    1975, provided that: "This title [enacting section 1300 of this
    title] may be cited as the 'Alternative Water Sources Act of
    2000'."
      Pub. L. 106-284, Sec. 1, Oct. 10, 2000, 114 Stat. 870, provided
    that: "This Act [enacting sections 1346 and 1375a of this title and
    amending sections 1254, 1313, 1314, 1362, and 1377 of this title]
    may be cited as the 'Beaches Environmental Assessment and Coastal
    Health Act of 2000'."
                       SHORT TITLE OF 1994 AMENDMENT
      Pub. L. 103-431, Sec. 1, Oct. 31, 1994, 108 Stat. 4396, provided
    that: "This Act [amending section 1311 of this title] may be cited
    as the 'Ocean Pollution Reduction Act'."
                       SHORT TITLE OF 1990 AMENDMENT
      Pub. L. 101-596, Sec. 1, Nov. 16, 1990, 104 Stat. 3000, provided
    that: "This Act [enacting sections 1269 and 1270 of this title,
    amending sections 1268, 1324, and 1416 of this title, and enacting
    provisions set out as notes under this section and section 1270 of
    this title] may be cited as the 'Great Lakes Critical Programs Act
    of 1990'."
      Pub. L. 101-596, title II, Sec. 201, Nov. 16, 1990, 104 Stat.
    3004, provided that: "This part [probably means title, enacting
    section 1269 of this title and amending section 1416 of this title]
    may be cited as the 'Long Island Sound Improvement Act of 1990'."
      Pub. L. 101-596, title III, Sec. 301, Nov. 16, 1990, 104 Stat.
    3006, provided that: "This title [enacting section 1270 of this
    title, amending section 1324 of this title, and enacting provisions
    set out as a note under section 1270 of this title] may be cited as
    the 'Lake Champlain Special Designation Act of 1990'."
                       SHORT TITLE OF 1988 AMENDMENT
      Pub. L. 100-653, title X, Sec. 1001, Nov. 14, 1988, 102 Stat.
    3835, provided that: "This title [amending section 1330 of this
    title and enacting provisions set out as notes under section 1330
    of this title] may be cited as the 'Massachusetts Bay Protection
    Act of 1988'."
                       SHORT TITLE OF 1987 AMENDMENT
      Section 1(a) of Pub. L. 100-4 provided that: "This Act [enacting
    sections 1254a, 1267, 1268, 1281b, 1329, 1330, 1377, 1381 to 1387,
    and 1414a of this title, amending this section and sections 1254,
    1256, 1262, 1281, 1282 to 1285, 1287, 1288, 1291, 1311 to 1313,
    1314, 1317 to 1322, 1324, 1342, 1344, 1345, 1361, 1362, 1365, 1369,
    1375, and 1376 of this title, and enacting provisions set out as
    notes under this section, sections 1284, 1311, 1317, 1319, 1330,
    1342, 1345, 1362, 1375, and 1414a of this title, and section 1962d-
    20 of Title 42, The Public Health and Welfare] may be cited as the
    'Water Quality Act of 1987'."
                       SHORT TITLE OF 1981 AMENDMENT
      Pub. L. 97-117, Sec. 1, Dec. 29, 1981, 95 Stat. 1623, provided
    that: "This Act [enacting sections 1298, 1299, and 1313a of this
    title, amending sections 1281 to 1285, 1287, 1291, 1292, 1296,
    1311, and 1314 of this title, and enacting provisions set out as
    notes under sections 1311 and 1375 of this title] may be cited as
    the 'Municipal Wastewater Treatment Construction Grant Amendments
    of 1981'."
                       SHORT TITLE OF 1977 AMENDMENT
      Section 1 of Pub. L. 95-217 provided: "That this Act [enacting
    sections 1281a, 1294 to 1296, and 1297 of this title, amending this
    section and sections 1252, 1254 to 1256, 1259, 1262, 1263, 1281,
    1282 to 1288, 1291, 1292, 1311, 1314, 1315, 1317 to 1319, 1321 to
    1324, 1328, 1341, 1342, 1344, 1345, 1362, 1364, 1375, and 1376 of
    this title, enacting provisions set out as notes under this section
    and sections 1284, 1286, 1314, 1321, 1342, 1344, and 1376 of this
    title, and amending provisions set out as a note under this
    section] may be cited as the 'Clean Water Act of 1977'."
                                SHORT TITLE
      Section 1 of Pub. L. 92-500 provided that: "That this Act
    [enacting this chapter, amending section 24 of Title 12, Banks and
    Banking, sections 633 and 636 of Title 15, Commerce and Trade, and
    section 711 of former Title 31, Money and Finance, and enacting
    provisions set out as notes under this section and sections 1281
    and 1361 of this title] may be cited as the 'Federal Water
    Pollution Control Act Amendments of 1972'."
      Section 519, formerly section 518, of Act June 30, 1948, ch. 758,
    title V, as added Oct. 18, 1972, Pub. L. 92-500, Sec. 2, 86 Stat.
    896, and amended Dec. 27, 1977, Pub. L. 95-217, Sec. 2, 91 Stat.
    1566, and renumbered Sec. 519, Feb. 4, 1987, Pub. L. 100-4, title
    V, Sec. 506, 101 Stat. 76, provided that: "This Act [this chapter]
    may be cited as the 'Federal Water Pollution Control Act' (commonly
    referred to as the Clean Water Act)."
                             SAVINGS PROVISION
      Section 4 of Pub. L. 92-500 provided that:
      "(a) No suit, action, or other proceeding lawfully commenced by
    or against the Administrator or any other officer or employee of
    the United States in his official capacity or in relation to the
    discharge of his official duties under the Federal Water Pollution
    Control Act as in effect immediately prior to the date of enactment
    of this Act [Oct. 18, 1972] shall abate by reason of the taking
    effect of the amendment made by section 2 of this Act [which
    enacted this chapter]. The court may, on its own motion or that of
    any party made at any time within twelve months after such taking
    effect, allow the same to be maintained by or against the
    Administrator or such officer or employee.
      "(b) All rules, regulations, orders, determinations, contracts,
    certifications, authorizations, delegations, or other actions duly
    issued, made, or taken by or pursuant to the Federal Water
    Pollution Control Act as in effect immediately prior to the date of
    enactment of this Act [Oct. 18, 1972], and pertaining to any
    functions, powers, requirements, and duties under the Federal Water
    Pollution Control Act as in effect immediately prior to the date of
    enactment of this Act [Oct. 18, 1972] shall continue in full force
    and effect after the date of enactment of this Act [Oct. 18, 1972]
    until modified or rescinded in accordance with the Federal Water
    Pollution Control Act as amended by this Act [this chapter].
      "(c) The Federal Water Pollution Control Act as in effect
    immediately prior to the date of enactment of this Act [Oct. 18,
    1972] shall remain applicable to all grants made from funds
    authorized for the fiscal year ending June 30, 1972, and prior
    fiscal years, including any increases in the monetary amount of any
    such grant which may be paid from authorizations for fiscal years
    beginning after June 30, 1972, except as specifically otherwise
    provided in section 202 of the Federal Water Pollution Control Act
    as amended by this Act [section 1282 of this title] and in
    subsection (c) of section 3 of this Act."
                               SEPARABILITY
      Section 512 of act June 30, 1948, ch. 758, title V, as added Oct.
    18, 1972, Pub. L. 92-500, Sec. 2, 86 Stat. 894, provided that: "If
    any provision of this Act [this chapter], or the application of any
    provision of this Act [this chapter] to any person or circumstance,
    is held invalid, the application of such provision to other persons
    or circumstances, and the remainder of this Act [this chapter],
    shall not be affected thereby."
                   NATIONAL SHELLFISH INDICATOR PROGRAM
      Pub. L. 102-567, title III, Sec. 308, Oct. 29, 1992, 106 Stat.
    4286; as amended by Pub. L. 105-362, title II, Sec. 201(b), Nov.
    10, 1998, 112 Stat. 3282, provided that:
      "(a) Establishment of a Research Program. - The Secretary of
    Commerce, in cooperation with the Secretary of Health and Human
    Services and the Administrator of the Environmental Protection
    Agency, shall establish and administer a 5-year national shellfish
    research program (hereafter in this section referred to as the
    'Program') for the purpose of improving existing classification
    systems for shellfish growing waters using the latest technological
    advancements in microbiology and epidemiological methods. Within 12
    months after the date of enactment of this Act [Oct. 29, 1992], the
    Secretary of Commerce, in cooperation with the advisory committee
    established under subsection (b) and the Consortium, shall develop
    a comprehensive 5-year plan for the Program which shall at a
    minimum provide for -
        "(1) an environmental assessment of commercial shellfish
      growing areas in the United States, including an evaluation of
      the relationships between indicators of fecal contamination and
      human enteric pathogens;
        "(2) the evaluation of such relationships with respect to
      potential health hazards associated with human consumption of
      shellfish;
        "(3) a comparison of the current microbiological methods used
      for evaluating indicator bacteria and human enteric pathogens in
      shellfish and shellfish growing waters with new technological
      methods designed for this purpose;
        "(4) the evaluation of current and projected systems for human
      sewage treatment in eliminating viruses and other human enteric
      pathogens which accumulate in shellfish;
        "(5) the design of epidemiological studies to relate
      microbiological data, sanitary survey data, and human shellfish
      consumption data to actual hazards to health associated with such
      consumption; and
        "(6) recommendations for revising Federal shellfish standards
      and improving the capabilities of Federal and State agencies to
      effectively manage shellfish and ensure the safety of shellfish
      intended for human consumption.
      "(b) Advisory Committee. - (1) For the purpose of providing
    oversight of the Program on a continuing basis, an advisory
    committee (hereafter in this section referred to as the
    'Committee') shall be established under a memorandum of
    understanding between the Interstate Shellfish Sanitation
    Conference and the National Marine Fisheries Service.
      "(2) The Committee shall -
        "(A) identify priorities for achieving the purpose of the
      Program;
        "(B) review and recommend approval or disapproval of Program
      work plans and plans of operation;
        "(C) review and comment on all subcontracts and grants to be
      awarded under the Program;
        "(D) receive and review progress reports from the Consortium
      and program subcontractors and grantees; and
        "(E) provide such other advice on the Program as is
      appropriate.
      "(3) The Committee shall consist of at least ten members and
    shall include -
        "(A) three members representing agencies having authority under
      State law to regulate the shellfish industry, of whom one shall
      represent each of the Atlantic, Pacific, and Gulf of Mexico
      shellfish growing regions;
        "(B) three members representing persons engaged in the
      shellfish industry in the Atlantic, Pacific, and Gulf of Mexico
      shellfish growing regions (who shall be appointed from among at
      least six recommendations by the industry members of the
      Interstate Shellfish Sanitation Conference Executive Board), of
      whom one shall represent the shellfish industry in each region;
        "(C) three members, of whom one shall represent each of the
      following Federal agencies: the National Oceanic and Atmospheric
      Administration, the Environmental Protection Agency, and the Food
      and Drug Administration; and
        "(D) one member representing the Shellfish Institute of North
      America.
      "(4) The Chairman of the Committee shall be selected from among
    the Committee members described in paragraph (3)(A).
      "(5) The Committee shall establish and maintain a subcommittee of
    scientific experts to provide advice, assistance, and information
    relevant to research funded under the Program, except that no
    individual who is awarded, or whose application is being considered
    for, a grant or subcontract under the Program may serve on such
    subcommittee. The membership of the subcommittee shall, to the
    extent practicable, be regionally balanced with experts who have
    scientific knowledge concerning each of the Atlantic, Pacific, and
    Gulf of Mexico shellfish growing regions. Scientists from the
    National Academy of Sciences and appropriate Federal agencies
    (including the National Oceanic and Atmospheric Administration,
    Food and Drug Administration, Centers for Disease Control, National
    Institutes of Health, Environmental Protection Agency, and National
    Science Foundation) shall be considered for membership on the
    subcommittee.
      "(6) Members of the Committee and its scientific subcommittee
    established under this subsection shall not be paid for serving on
    the Committee or subcommittee, but shall receive travel expenses as
    authorized by section 5703 of title 5, United States Code.
      "(c) Contract With Consortium. - Within 30 days after the date of
    enactment of this Act [Oct. 29, 1992], the Secretary of Commerce
    shall seek to enter into a cooperative agreement or contract with
    the Consortium under which the Consortium will -
        "(1) be the academic administrative organization and fiscal
      agent for the Program;
        "(2) award and administer such grants and subcontracts as are
      approved by the Committee under subsection (b);
        "(3) develop and implement a scientific peer review process for
      evaluating grant and subcontractor applications prior to review
      by the Committee;
        "(4) in cooperation with the Secretary of Commerce and the
      Committee, procure the services of a scientific project director;
        "(5) develop and submit budgets, progress reports, work plans,
      and plans of operation for the Program to the Secretary of
      Commerce and the Committee; and
        "(6) make available to the Committee such staff, information,
      and assistance as the Committee may reasonably require to carry
      out its activities.
      "(d) Authorization of Appropriations. - (1) Of the sums
    authorized under section 4(a) of the National Oceanic and
    Atmospheric Administration Marine Fisheries Program Authorization
    Act (Public Law 98-210; 97 Stat. 1409), there are authorized to be
    appropriated to the Secretary of Commerce $5,200,000 for each of
    the fiscal years 1993 through 1997 for carrying out the Program. Of
    the amounts appropriated pursuant to this authorization, not more
    than 5 percent of such appropriation may be used for administrative
    purposes by the National Oceanic and Atmospheric Administration.
    The remaining 95 percent of such appropriation shall be used to
    meet the administrative and scientific objectives of the Program.
      "(2) The Interstate Shellfish Sanitation Conference shall not
    administer appropriations authorized under this section, but may be
    reimbursed from such appropriations for its expenses in arranging
    for travel, meetings, workshops, or conferences necessary to carry
    out the Program.
      "(e) Definitions. - As used in this section, the term -
        "(1) 'Consortium' means the Louisiana Universities Marine
      Consortium; and
        "(2) 'shellfish' means any species of oyster, clam, or mussel
      that is harvested for human consumption."
                          LIMITATION ON PAYMENTS
      Section 2 of Pub. L. 100-4 provided that: "No payments may be
    made under this Act [see Short Title of 1987 Amendment note above]
    except to the extent provided in advance in appropriation Acts."
      SEAFOOD PROCESSING STUDY; SUBMITTAL OF RESULTS TO CONGRESS NOT
                        LATER THAN JANUARY 1, 1979
      Pub. L. 95-217, Sec. 74, Dec. 27, 1977, 91 Stat. 1609, provided
    that the Administrator of the Environmental Protection Agency
    conduct a study to examine the geographical, hydrological, and
    biological characteristics of marine waters to determine the
    effects of seafood processes which dispose of untreated natural
    wastes into such waters and to include in this study an examination
    of technologies which may be used in such processes to facilitate
    the use of the nutrients in these wastes or to reduce the discharge
    of such wastes into the marine environment and to submit the result
    of this study to Congress not later than Jan. 1, 1979.
                                 STANDARDS
      For provisions relating to the responsibility of the head of each
    Executive agency for compliance with applicable pollution control
    standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707,
    set out as a note under section 4321 of Title 42, The Public Health
    and Welfare.
                              OVERSIGHT STUDY
      Section 5 of Pub. L. 92-500 authorized the Comptroller General of
    the United States to conduct a study and review of the research,
    pilot, and demonstration programs related to prevention and control
    of water pollution conducted, supported, or assisted by any Federal
    agency pursuant to any Federal law or regulation and assess
    conflicts between these programs and their coordination and
    efficacy, and to report to Congress thereon by Oct. 1, 1973.
                         INTERNATIONAL TRADE STUDY
      Section 6 of Pub. L. 92-500 provided that:
      "(a) The Secretary of Commerce, in cooperation with other
    interested Federal agencies and with representatives of industry
    and the public, shall undertake immediately an investigation and
    study to determine -
        "(1) the extent to which pollution abatement and control
      programs will be imposed on, or voluntarily undertaken by, United
      States manufacturers in the near future and the probable short-
      and long-range effects of the costs of such programs (computed to
      the greatest extent practicable on an industry-by-industry basis)
      on (A) the production costs of such domestic manufacturers, and
      (B) the market prices of the goods produced by them;
        "(2) the probable extent to which pollution abatement and
      control programs will be implemented in foreign industrial
      nations in the near future and the extent to which the production
      costs (computed to the greatest extent practicable on an industry-
      by-industry basis) of foreign manufacturers will be affected by
      the costs of such programs;
        "(3) the probable competitive advantage which any article
      manufactured in a foreign nation will likely have in relation to
      a comparable article made in the United States if that foreign
      nation -
          "(A) does not require its manufacturers to implement
        pollution abatement and control programs.
          "(B) requires a lesser degree of pollution abatement and
        control in its programs, or
          "(C) in any way reimburses or otherwise subsidizes its
        manufacturers for the costs of such program;
        "(4) alternative means by which any competitive advantage
      accruing to the products of any foreign nation as a result of any
      factor described in paragraph (3) may be (A) accurately and
      quickly determined, and (B) equalized, for example, by the
      imposition of a surcharge or duty, on a foreign product in an
      amount necessary to compensate for such advantage; and
        "(5) the impact, if any, which the imposition of a compensating
      tariff of other equalizing measure may have in encouraging
      foreign nations to implement pollution and abatement control
      programs.
      "(b) The Secretary shall make an initial report to the President
    and Congress within six months after the date of enactment of this
    section [Oct. 18, 1972] of the results of the study and
    investigation carried out pursuant to this section and shall make
    additional reports thereafter at such times as he deems appropriate
    taking into account the development of relevant data, but not less
    than once every twelve months."
                         INTERNATIONAL AGREEMENTS
      Section 7 of Pub. L. 92-500 provided that: "The President shall
    undertake to enter into international agreement to apply uniform
    standards of performance for the control of the discharge and
    emission of pollutants from new sources, uniform controls over the
    discharge and emission of toxic pollutants, and uniform controls
    over the discharge of pollutants into the ocean. For this purpose
    the President shall negotiate multilateral treaties, conventions,
    resolutions, or other agreements, and formulate, present, or
    support proposals at the United Nations and other appropriate
    international forums."
                     NATIONAL POLICIES AND GOAL STUDY
      Section 10 of Pub. L. 92-500 directed President to make a full
    and complete investigation and study of all national policies and
    goals established by law to determine what the relationship should
    be between these policies and goals, taking into account the
    resources of the Nation, and to report results of his investigation
    and study together with his recommendations to Congress not later
    than two years after Oct. 18, 1972.
                             EFFICIENCY STUDY
      Section 11 of Pub. L. 92-500 directed President, by utilization
    of the General Accounting Office, to conduct a full and complete
    investigation and study of ways and means of most effectively using
    all of the various resources, facilities, and personnel of the
    Federal Government in order to most efficiently carry out the
    provisions of this chapter and to report results of his
    investigation and study together with his recommendations to
    Congress not later than two hundred and seventy days after Oct. 18,
    1972.
                            SEX DISCRIMINATION
      Section 13 of Pub. L. 92-500 provided that: "No person in the
    United States shall on the ground of sex be excluded from
    participation in, be denied the benefits of, or be subjected to
    discrimination under any program or activity receiving Federal
    assistance under this Act [see Short Title note above] the Federal
    Water Pollution Control Act [this chapter], or the Environmental
    Financing Act [set out as a note under section 1281 of this title].
    This section shall be enforced through agency provisions and rules
    similar to those already established, with respect to racial and
    other discrimination, under title VI of the Civil Rights Act of
    1964 [section 2000d et seq. of Title 42, The Public Health and
    Welfare]. However, this remedy is not exclusive and will not
    prejudice or cut off any other legal remedies available to a
    discriminatee."
-EXEC-
                     CONTIGUOUS ZONE OF UNITED STATES
      For extension of contiguous zone of United States, see Proc. No.
    7219, set out as a note under section 1331 of Title 43, Public
    Lands.
     PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL POLLUTION AT
                            FEDERAL FACILITIES
      Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a
    note under section 4321 of Title 42, The Public Health and Welfare,
    provides for the prevention, control, and abatement of
    environmental pollution at federal facilities.
                         EXECUTIVE ORDER NO. 11548
      Ex. Ord. No. 11548, July 20, 1970, 35 F.R. 11677, which related
    to the delegation of Presidential functions, was superseded by Ex.
    Ord. No. 11735, Aug. 3, 1973, 38 F.R. 21243, formerly set out as a
    note under section 1321 of this title.
     EX. ORD. NO. 11742. DELEGATION OF FUNCTIONS TO SECRETARY OF STATE
    RESPECTING THE NEGOTIATION OF INTERNATIONAL AGREEMENTS RELATING TO
                    THE ENHANCEMENT OF THE ENVIRONMENT
      Ex. Ord. No. 11742, Oct. 23, 1973, 38 F.R. 29457, provided:
      Under and by virtue of the authority vested in me by section 301
    of title 3 of the United States Code and as President of the United
    States, I hereby authorize and empower the Secretary of State, in
    coordination with the Council on Environmental Quality, the
    Environmental Protection Agency, and other appropriate Federal
    agencies, to perform, without the approval, ratification, or other
    action of the President, the functions vested in the President by
    Section 7 of the Federal Water Pollution Control Act Amendments of
    1972 (Public Law 92-500; 86 Stat. 898) with respect to
    international agreements relating to the enhancement of the
    environment.
                                                          Richard Nixon.
-CROSS-
                       DEFINITION OF "ADMINISTRATOR"
      Section 1(d) of Pub. L. 100-4 provided that: "For purposes of
    this Act [see Short Title of 1987 Amendment note above], the term
    'Administrator' means the Administrator of the Environmental
    Protection Agency."
-End-
-CITE-
    33 USC Sec. 1252                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1252. Comprehensive programs for water pollution control
-STATUTE-
    (a) Preparation and development
      The Administrator shall, after careful investigation, and in
    cooperation with other Federal agencies, State water pollution
    control agencies, interstate agencies, and the municipalities and
    industries involved, prepare or develop comprehensive programs for
    preventing, reducing, or eliminating the pollution of the navigable
    waters and ground waters and improving the sanitary condition of
    surface and underground waters. In the development of such
    comprehensive programs due regard shall be given to the
    improvements which are necessary to conserve such waters for the
    protection and propagation of fish and aquatic life and wildlife,
    recreational purposes, and the withdrawal of such waters for public
    water supply, agricultural, industrial, and other purposes. For the
    purpose of this section, the Administrator is authorized to make
    joint investigations with any such agencies of the condition of any
    waters in any State or States, and of the discharges of any sewage,
    industrial wastes, or substance which may adversely affect such
    waters.
    (b) Planning for reservoirs; storage for regulation of streamflow
      (1) In the survey or planning of any reservoir by the Corps of
    Engineers, Bureau of Reclamation, or other Federal agency,
    consideration shall be given to inclusion of storage for regulation
    of streamflow, except that any such storage and water releases
    shall not be provided as a substitute for adequate treatment or
    other methods of controlling waste at the source.
      (2) The need for and the value of storage for regulation of
    streamflow (other than for water quality) including but not limited
    to navigation, salt water intrusion, recreation, esthetics, and
    fish and wildlife, shall be determined by the Corps of Engineers,
    Bureau of Reclamation, or other Federal agencies.
      (3) The need for, the value of, and the impact of, storage for
    water quality control shall be determined by the Administrator, and
    his views on these matters shall be set forth in any report or
    presentation to Congress proposing authorization or construction of
    any reservoir including such storage.
      (4) The value of such storage shall be taken into account in
    determining the economic value of the entire project of which it is
    a part, and costs shall be allocated to the purpose of regulation
    of streamflow in a manner which will insure that all project
    purposes, share equitably in the benefit of multiple-purpose
    construction.
      (5) Costs of regulation of streamflow features incorporated in
    any Federal reservoir or other impoundment under the provisions of
    this chapter shall be determined and the beneficiaries identified
    and if the benefits are widespread or national in scope, the costs
    of such features shall be nonreimbursable.
      (6) No license granted by the Federal Energy Regulatory
    Commission for a hydroelectric power project shall include storage
    for regulation of streamflow for the purpose of water quality
    control unless the Administrator shall recommend its inclusion and
    such reservoir storage capacity shall not exceed such proportion of
    the total storage required for the water quality control plan as
    the drainage area of such reservoir bears to the drainage area of
    the river basin or basins involved in such water quality control
    plan.
    (c) Basins; grants to State agencies
      (1) The Administrator shall, at the request of the Governor of a
    State, or a majority of the Governors when more than one State is
    involved, make a grant to pay not to exceed 50 per centum of the
    administrative expenses of a planning agency for a period not to
    exceed three years, which period shall begin after October 18,
    1972, if such agency provides for adequate representation of
    appropriate State, interstate, local, or (when appropriate)
    international interests in the basin or portion thereof involved
    and is capable of developing an effective, comprehensive water
    quality control plan for a basin or portion thereof.
      (2) Each planning agency receiving a grant under this subsection
    shall develop a comprehensive pollution control plan for the basin
    or portion thereof which -
        (A) is consistent with any applicable water quality standards
      effluent and other limitations, and thermal discharge regulations
      established pursuant to current law within the basin;
        (B) recommends such treatment works as will provide the most
      effective and economical means of collection, storage, treatment,
      and elimination of pollutants and recommends means to encourage
      both municipal and industrial use of such works;
        (C) recommends maintenance and improvement of water quality
      within the basin or portion thereof and recommends methods of
      adequately financing those facilities as may be necessary to
      implement the plan; and
        (D) as appropriate, is developed in cooperation with, and is
      consistent with any comprehensive plan prepared by the Water
      Resources Council, any areawide waste management plans developed
      pursuant to section 1288 of this title, and any State plan
      developed pursuant to section 1313(e) of this title.
      (3) For the purposes of this subsection the term "basin"
    includes, but is not limited to, rivers and their tributaries,
    streams, coastal waters, sounds, estuaries, bays, lakes, and
    portions thereof as well as the lands drained thereby.
-SOURCE-
    (June 30, 1948, ch. 758, title I, Sec. 102, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 817; amended Pub. L. 95-91,
    title IV, Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583; Pub. L. 95-
    217, Sec. 5(b), Dec. 27, 1977, 91 Stat. 1567; Pub. L. 104-66,
    title II, Sec. 2021(a), Dec. 21, 1995, 109 Stat. 726.)
-MISC1-
                                AMENDMENTS
      1995 - Subsec. (d). Pub. L. 104-66 struck out subsec. (d) which
    read as follows: "The Administrator, after consultation with the
    States, and River Basin Commissions established under the Water
    Resources Planning Act, shall submit a report to Congress on or
    before July 1, 1978, which analyzes the relationship between
    programs under this chapter, and the programs by which State and
    Federal agencies allocate quantities of water. Such report shall
    include recommendations concerning the policy in section 1251(g) of
    this title to improve coordination of efforts to reduce and
    eliminate pollution in concert with programs for managing water
    resources."
      1977 - Subsec. (d). Pub. L. 95-217 added subsec. (d).
-TRANS-
                           TRANSFER OF FUNCTIONS
      "Federal Energy Regulatory Commission" substituted for "Federal
    Power Commission" in subsec. (b)(6) on authority of Pub. L. 95-91,
    title IV, Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583, which is
    classified to section 7172(a)(1)(A) of Title 42, The Public Health
    and Welfare.
-EXEC-
                         EXECUTIVE ORDER NO. 10014
      Ex. Ord. No. 10014, Nov. 3, 1948, 13 F.R. 6601, which related to
    the cooperation of Federal and State agencies to prevent pollution
    of surface and underground waters, was superseded by Ex. Ord. No.
    11258, Nov. 17, 1965, 30 F.R. 14483.
-End-
-CITE-
    33 USC Sec. 1252a                                           01/03/2007
-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                                            01/03/2007
-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                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1254. Research, investigations, training, and information
-STATUTE-
    (a) Establishment of national programs; cooperation;
      investigations; water quality surveillance system; reports
      The Administrator shall establish national programs for the
    prevention, reduction, and elimination of pollution and as part of
    such programs shall -
        (1) in cooperation with other Federal, State, and local
      agencies, conduct and promote the coordination and acceleration
      of, research, investigations, experiments, training,
      demonstrations, surveys, and studies relating to the causes,
      effects, extent, prevention, reduction, and elimination of
      pollution;
        (2) encourage, cooperate with, and render technical services to
      pollution control agencies and other appropriate public or
      private agencies, institutions, and organizations, and
      individuals, including the general public, in the conduct of
      activities referred to in paragraph (1) of this subsection;
        (3) conduct, in cooperation with State water pollution control
      agencies and other interested agencies, organizations and
      persons, public investigations concerning the pollution of any
      navigable waters, and report on the results of such
      investigations;
        (4) establish advisory committees composed of recognized
      experts in various aspects of pollution and representatives of
      the public to assist in the examination and evaluation of
      research progress and proposals and to avoid duplication of
      research;
        (5) in cooperation with the States, and their political
      subdivisions, and other Federal agencies establish, equip, and
      maintain a water quality surveillance system for the purpose of
      monitoring the quality of the navigable waters and ground waters
      and the contiguous zone and the oceans and the Administrator
      shall, to the extent practicable, conduct such surveillance by
      utilizing the resources of the National Aeronautics and Space
      Administration, the National Oceanic and Atmospheric
      Administration, the United States Geological Survey, and the
      Coast Guard, and shall report on such quality in the report
      required under subsection (a) of section 1375 of this title; and
        (6) initiate and promote the coordination and acceleration of
      research designed to develop the most effective practicable tools
      and techniques for measuring the social and economic costs and
      benefits of activities which are subject to regulation under this
      chapter; and shall transmit a report on the results of such
      research to the Congress not later than January 1, 1974.
    (b) Authorized activities of Administrator
      In carrying out the provisions of subsection (a) of this section
    the Administrator is authorized to -
        (1) collect and make available, through publications and other
      appropriate means, the results of and other information,
      including appropriate recommendations by him in connection
      therewith, pertaining to such research and other activities
      referred to in paragraph (1) of subsection (a) of this section;
        (2) cooperate with other Federal departments and agencies,
      State water pollution control agencies, interstate agencies,
      other public and private agencies, institutions, organizations,
      industries involved, and individuals, in the preparation and
      conduct of such research and other activities referred to in
      paragraph (1) of subsection (a) of this section;
        (3) make grants to State water pollution control agencies,
      interstate agencies, other public or nonprofit private agencies,
      institutions, organizations, and individuals, for purposes stated
      in paragraph (1) of subsection (a) of this section;
        (4) contract with public or private agencies, institutions,
      organizations, and individuals, without regard to section 3324(a)
      and (b) of title 31 and section 5 of title 41, referred to in
      paragraph (1) of subsection (a) of this section;
        (5) establish and maintain research fellowships at public or
      nonprofit private educational institutions or research
      organizations;
        (6) collect and disseminate, in cooperation with other Federal
      departments and agencies, and with other public or private
      agencies, institutions, and organizations having related
      responsibilities, basic data on chemical, physical, and
      biological effects of varying water quality and other information
      pertaining to pollution and the prevention, reduction, and
      elimination thereof; and
        (7) develop effective and practical processes, methods, and
      prototype devices for the prevention, reduction, and elimination
      of pollution.
    (c) Research and studies on harmful effects of pollutants;
      cooperation with Secretary of Health and Human Services
      In carrying out the provisions of subsection (a) of this section
    the Administrator shall conduct research on, and survey the results
    of other scientific studies on, the harmful effects on the health
    or welfare of persons caused by pollutants. In order to avoid
    duplication of effort, the Administrator shall, to the extent
    practicable, conduct such research in cooperation with and through
    the facilities of the Secretary of Health and Human Services.
    (d) Sewage treatment; identification and measurement of effects of
      pollutants; augmented streamflow
      In carrying out the provisions of this section the Administrator
    shall develop and demonstrate under varied conditions (including
    conducting such basic and applied research, studies, and
    experiments as may be necessary):
        (1) Practicable means of treating municipal sewage, and other
      waterborne wastes to implement the requirements of section 1281
      of this title;
        (2) Improved methods and procedures to identify and measure the
      effects of pollutants, including those pollutants created by new
      technological developments; and
        (3) Methods and procedures for evaluating the effects on water
      quality of augmented streamflows to control pollution not
      susceptible to other means of prevention, reduction, or
      elimination.
    (e) Field laboratory and research facilities
      The Administrator shall establish, equip, and maintain field
    laboratory and research facilities, including, but not limited to,
    one to be located in the northeastern area of the United States,
    one in the Middle Atlantic area, one in the southeastern area, one
    in the midwestern area, one in the southwestern area, one in the
    Pacific Northwest, and one in the State of Alaska, for the conduct
    of research, investigations, experiments, field demonstrations and
    studies, and training relating to the prevention, reduction and
    elimination of pollution. Insofar as practicable, each such
    facility shall be located near institutions of higher learning in
    which graduate training in such research might be carried out. In
    conjunction with the development of criteria under section 1343 of
    this title, the Administrator shall construct the facilities
    authorized for the National Marine Water Quality Laboratory
    established under this subsection.
    (f) Great Lakes water quality research
      The Administrator shall conduct research and technical
    development work, and make studies, with respect to the quality of
    the waters of the Great Lakes, including an analysis of the present
    and projected future water quality of the Great Lakes under varying
    conditions of waste treatment and disposal, an evaluation of the
    water quality needs of those to be served by such waters, an
    evaluation of municipal, industrial, and vessel waste treatment and
    disposal practices with respect to such waters, and a study of
    alternate means of solving pollution problems (including additional
    waste treatment measures) with respect to such waters.
    (g) Treatment works pilot training programs; employment needs
      forecasting; training projects and grants; research fellowships;
      technical training; report to the President and transmittal to
      Congress
      (1) For the purpose of providing an adequate supply of trained
    personnel to operate and maintain existing and future treatment
    works and related activities, and for the purpose of enhancing
    substantially the proficiency of those engaged in such activities,
    the Administrator shall finance pilot programs, in cooperation with
    State and interstate agencies, municipalities, educational
    institutions, and other organizations and individuals, of manpower
    development and training and retraining of persons in, on entering
    into, the field of operation and maintenance of treatment works and
    related activities. Such program and any funds expended for such a
    program shall supplement, not supplant, other manpower and training
    programs and funds available for the purposes of this paragraph.
    The Administrator is authorized, under such terms and conditions as
    he deems appropriate, to enter into agreements with one or more
    States, acting jointly or severally, or with other public or
    private agencies or institutions for the development and
    implementation of such a program.
      (2) The Administrator is authorized to enter into agreements with
    public and private agencies and institutions, and individuals to
    develop and maintain an effective system for forecasting the supply
    of, and demand for, various professional and other occupational
    categories needed for the prevention, reduction, and elimination of
    pollution in each region, State, or area of the United States and,
    from time to time, to publish the results of such forecasts.
      (3) In furtherance of the purposes of this chapter, the
    Administrator is authorized to -
        (A) make grants to public or private agencies and institutions
      and to individuals for training projects, and provide for the
      conduct of training by contract with public or private agencies
      and institutions and with individuals without regard to section
      3324(a) and (b) of title 31 and section 5 of title 41;
        (B) establish and maintain research fellowships in the
      Environmental Protection Agency with such stipends and
      allowances, including traveling and subsistence expenses, as he
      may deem necessary to procure the assistance of the most
      promising research fellows; and
        (C) provide, in addition to the program established under
      paragraph (1) of this subsection, training in technical matters
      relating to the causes, prevention, reduction, and elimination of
      pollution for personnel of public agencies and other persons with
      suitable qualifications.
      (4) The Administrator shall submit, through the President, a
    report to the Congress not later than December 31, 1973,
    summarizing the actions taken under this subsection and the
    effectiveness of such actions, and setting forth the number of
    persons trained, the occupational categories for which training was
    provided, the effectiveness of other Federal, State, and local
    training programs in this field, together with estimates of future
    needs, recommendations on improving training programs, and such
    other information and recommendations, including legislative
    recommendations, as he deems appropriate.
    (h) Lake pollution
      The Administrator is authorized to enter into contracts with, or
    make grants to, public or private agencies and organizations and
    individuals for (A) the purpose of developing and demonstrating new
    or improved methods for the prevention, removal, reduction, and
    elimination of pollution in lakes, including the undesirable
    effects of nutrients and vegetation, and (B) the construction of
    publicly owned research facilities for such purpose.
    (i) Oil pollution control studies
      The Administrator, in cooperation with the Secretary of the
    Department in which the Coast Guard is operating, shall -
        (1) engage in such research, studies, experiments, and
      demonstrations as he deems appropriate, relative to the removal
      of oil from any waters and to the prevention, control, and
      elimination of oil and hazardous substances pollution;
        (2) publish from time to time the results of such activities;
      and
        (3) from time to time, develop and publish in the Federal
      Register specifications and other technical information on the
      various chemical compounds used in the control of oil and
      hazardous substances spills.
    In carrying out this subsection, the Administrator may enter into
    contracts with, or make grants to, public or private agencies and
    organizations and individuals.
    (j) Solid waste disposal equipment for vessels
      The Secretary of the department in which the Coast Guard is
    operating shall engage in such research, studies, experiments, and
    demonstrations as he deems appropriate relative to equipment which
    is to be installed on board a vessel and is designed to receive,
    retain, treat, or discharge human body wastes and the wastes from
    toilets and other receptacles intended to receive or retain body
    wastes with particular emphasis on equipment to be installed on
    small recreational vessels. The Secretary of the department in
    which the Coast Guard is operating shall report to Congress the
    results of such research, studies, experiments, and demonstrations
    prior to the effective date of any regulations established under
    section 1322 of this title. In carrying out this subsection the
    Secretary of the department in which the Coast Guard is operating
    may enter into contracts with, or make grants to, public or private
    organizations and individuals.
    (k) Land acquisition
      In carrying out the provisions of this section relating to the
    conduct by the Administrator of demonstration projects and the
    development of field laboratories and research facilities, the
    Administrator may acquire land and interests therein by purchase,
    with appropriated or donated funds, by donation, or by exchange for
    acquired or public lands under his jurisdiction which he classifies
    as suitable for disposition. The values of the properties so
    exchanged either shall be approximately equal, or if they are not
    approximately equal, the values shall be equalized by the payment
    of cash to the grantor or to the Administrator as the circumstances
    require.
    (l) 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.
    (o) 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. Functions
    and authority vested in Secretary of Energy subsequently
    transferred to Federal Coordinator for Alaska Natural Gas
    Transportation Projects by section 720d(f) of Title 15.
-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.
-End-
-CITE-
    33 USC Sec. 1254a                                           01/03/2007
-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                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1255. Grants for research and development
-STATUTE-
    (a) Demonstration projects covering storm waters, advanced waste
      treatment and water purification methods, and joint treatment
      systems for municipal and industrial wastes
      The Administrator is authorized to conduct in the Environmental
    Protection Agency, and to make grants to any State, municipality,
    or intermunicipal or interstate agency for the purpose of assisting
    in the development of -
        (1) any project which will demonstrate a new or improved method
      of preventing, reducing, and eliminating the discharge into any
      waters of pollutants from sewers which carry storm water or both
      storm water and pollutants; or
        (2) any project which will demonstrate advanced waste treatment
      and water purification methods (including the temporary use of
      new or improved chemical additives which provide substantial
      immediate improvements to existing treatment processes), or new
      or improved methods of joint treatment systems for municipal and
      industrial wastes;
    and to include in such grants such amounts as are necessary for the
    purpose of reports, plans, and specifications in connection
    therewith.
    (b) Demonstration projects for advanced treatment and environmental
      enhancement techniques to control pollution in river basins
      The Administrator is authorized to make grants to any State or
    States or interstate agency to demonstrate, in river basins or
    portions thereof, advanced treatment and environmental enhancement
    techniques to control pollution from all sources, within such
    basins or portions thereof, including nonpoint sources, together
    with in stream (!1) water quality improvement techniques.
    (c) Research and demonstration projects for prevention of water
      pollution by industry
      In order to carry out the purposes of section 1311 of this title,
    the Administrator is authorized to (1) conduct in the Environmental
    Protection Agency, (2) make grants to persons, and (3) enter into
    contracts with persons, for research and demonstration projects for
    prevention of pollution of any waters by industry including, but
    not limited to, the prevention, reduction, and elimination of the
    discharge of pollutants. No grant shall be made for any project
    under this subsection unless the Administrator determines that such
    project will develop or demonstrate a new or improved method of
    treating industrial wastes or otherwise prevent pollution by
    industry, which method shall have industrywide application.
    (d) Accelerated and priority development of waste management and
      waste treatment methods and identification and measurement
      methods
      In carrying out the provisions of this section, the Administrator
    shall conduct, on a priority basis, an accelerated effort to
    develop, refine, and achieve practical application of:
        (1) waste management methods applicable to point and nonpoint
      sources of pollutants to eliminate the discharge of pollutants,
      including, but not limited to, elimination of runoff of
      pollutants and the effects of pollutants from inplace or
      accumulated sources;
        (2) advanced waste treatment methods applicable to point and
      nonpoint sources, including inplace or accumulated sources of
      pollutants, and methods for reclaiming and recycling water and
      confining pollutants so they will not migrate to cause water or
      other environmental pollution; and
        (3) improved methods and procedures to identify and measure the
      effects of pollutants on the chemical, physical, and biological
      integrity of water, including those pollutants created by new
      technological developments.
    (e) Research and demonstration projects covering agricultural
      pollution and pollution from sewage in rural areas; dissemination
      of information
      (1) The Administrator is authorized to (A) make, in consultation
    with the Secretary of Agriculture, grants to persons for research
    and demonstration projects with respect to new and improved methods
    of preventing, reducing, and eliminating pollution from
    agriculture, and (B) disseminate, in cooperation with the Secretary
    of Agriculture, such information obtained under this subsection,
    section 1254(p) of this title, and section 1314 of this title as
    will encourage and enable the adoption of such methods in the
    agricultural industry.
      (2) The Administrator is authorized, (A) in consultation with
    other interested Federal agencies, to make grants for demonstration
    projects with respect to new and improved methods of preventing,
    reducing, storing, collecting, treating, or otherwise eliminating
    pollution from sewage in rural and other areas where collection of
    sewage in conventional, community-wide sewage collection systems is
    impractical, uneconomical, or otherwise infeasible, or where soil
    conditions or other factors preclude the use of septic tank and
    drainage field systems, and (B) in cooperation with other
    interested Federal and State agencies, to disseminate such
    information obtained under this subsection as will encourage and
    enable the adoption of new and improved methods developed pursuant
    to this subsection.
    (f) Limitations
      Federal grants under subsection (a) of this section shall be
    subject to the following limitations:
        (1) No grant shall be made for any project unless such project
      shall have been approved by the appropriate State water pollution
      control agency or agencies and by the Administrator;
        (2) No grant shall be made for any project in an amount
      exceeding 75 per centum of cost thereof as determined by the
      Administrator; and
        (3) No grant shall be made for any project unless the
      Administrator determines that such project will serve as a useful
      demonstration for the purpose set forth in clause (1) or (2) of
      subsection (a) of this section.
    (g) Maximum grants
      Federal grants under subsections (c) and (d) of this section
    shall not exceed 75 per centum of the cost of the project.
    (h) Authorization of appropriations
      For the purpose of this section there is authorized to be
    appropriated $75,000,000 per fiscal year for the fiscal year ending
    June 30, 1973, the fiscal year ending June 30, 1974, and the fiscal
    year ending June 30, 1975, and from such appropriations at least 10
    per centum of the funds actually appropriated in each fiscal year
    shall be available only for the purposes of subsection (e) of this
    section.
    (i) Assistance for research and demonstration projects
      The Administrator is authorized to make grants to a municipality
    to assist in the costs of operating and maintaining a project which
    received a grant under this section, section 1254 of this title, or
    section 1263 of this title prior to December 27, 1977, so as to
    reduce the operation and maintenance costs borne by the recipients
    of services from such project to costs comparable to those for
    projects assisted under subchapter II of this chapter.
    (j) Assistance for recycle, reuse, and land treatment projects
      The Administrator is authorized to make a grant to any grantee
    who received an increased grant pursuant to section 1282(a)(2) of
    this title. Such grant may pay up to 100 per centum of the costs of
    technical evaluation of the operation of the treatment works, costs
    of training of persons (other than employees of the grantee), and
    costs of disseminating technical information on the operation of
    the treatment works.
-SOURCE-
    (June 30, 1948, ch. 758, title I, Sec. 105, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 825; amended Pub. L. 93-592,
    Sec. 2, Jan. 2, 1975, 88 Stat. 1925; Pub. L. 95-217, Secs. 8, 9,
    Dec. 27, 1977, 91 Stat. 1568.)
-MISC1-
                                AMENDMENTS
      1977 - Subsecs. (i), (j). Pub. L. 95-217 added subsecs. (i) and
    (j).
      1975 - Subsec. (h). Pub. L. 93-592 substituted "the fiscal year
    ending June 30, 1974, and the fiscal year ending June 30, 1975,"
    for "and the fiscal year ending June 30, 1974,".
-TRANS-
                           TRANSFER OF FUNCTIONS
      Enforcement functions of Secretary or other official in
    Department of Agriculture, insofar as they involve lands and
    programs under jurisdiction of that Department, related to
    compliance with this chapter with respect to pre-construction,
    construction, and initial operation of transportation system for
    Canadian and Alaskan natural gas were transferred to the Federal
    Inspector, Office of Federal Inspector for the Alaska Natural Gas
    Transportation System, until the first anniversary of date of
    initial operation of the Alaska Natural Gas Transportation System,
    see Reorg. Plan No. 1 of 1979, Secs. 102(f), 203(a), 44 F.R. 33663,
    33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the
    Appendix to Title 5, Government Organization and Employees. Office
    of Federal Inspector for the Alaska Natural Gas Transportation
    System abolished and functions and authority vested in Inspector
    transferred to Secretary of Energy by section 3012(b) of Pub. L.
    102-486, set out as an Abolition of Office of Federal Inspector
    note under section 719e of Title 15, Commerce and Trade. Functions
    and authority vested in Secretary of Energy subsequently
    transferred to Federal Coordinator for Alaska Natural Gas
    Transportation Projects by section 720d(f) of Title 15.
-FOOTNOTE-
    (!1) So in original.
-End-
-CITE-
    33 USC Sec. 1256                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1256. Grants for pollution control programs
-STATUTE-
    (a) Authorization of appropriations for State and interstate
      programs
      There are hereby authorized to be appropriated the following
    sums, to remain available until expended, to carry out the purpose
    of this section -
        (1) $60,000,000 for the fiscal year ending June 30, 1973; and
        (2) $75,000,000 for the fiscal year ending June 30, 1974, and
      the fiscal year ending June 30, 1975, $100,000,000 per fiscal
      year for the fiscal years 1977, 1978, 1979, and 1980, $75,000,000
      per fiscal year for the fiscal years 1981 and 1982, such sums as
      may be necessary for fiscal years 1983 through 1985, and
      $75,000,000 per fiscal year for each of the fiscal years 1986
      through 1990;
    for grants to States and to interstate agencies to assist them in
    administering programs for the prevention, reduction, and
    elimination of pollution, including enforcement directly or through
    appropriate State law enforcement officers or agencies.
    (b) Allotments
      From the sums appropriated in any fiscal year, the Administrator
    shall make allotments to the several States and interstate agencies
    in accordance with regulations promulgated by him on the basis of
    the extent of the pollution problem in the respective States.
    (c) Maximum annual payments
      The Administrator is authorized to pay to each State and
    interstate agency each fiscal year either -
        (1) the allotment of such State or agency for such fiscal year
      under subsection (b) of this section, or
        (2) the reasonable costs as determined by the Administrator of
      developing and carrying out a pollution program by such State or
      agency during such fiscal year,
    which ever amount is the lesser.
    (d) Limitations
      No grant shall be made under this section to any State or
    interstate agency for any fiscal year when the expenditure of non-
    Federal funds by such State or interstate agency during such
    fiscal year for the recurrent expenses of carrying out its
    pollution control program are less than the expenditure by such
    State or interstate agency of non-Federal funds for such recurrent
    program expenses during the fiscal year ending June 30, 1971.
    (e) Grants prohibited to States not establishing water quality
      monitoring procedures or adequate emergency and contingency plans
      Beginning in fiscal year 1974 the Administrator shall not make
    any grant under this section to any State which has not provided or
    is not carrying out as a part of its program -
        (1) the establishment and operation of appropriate devices,
      methods, systems, and procedures necessary to monitor, and to
      compile and analyze data on (including classification according
      to eutrophic condition), the quality of navigable waters and to
      the extent practicable, ground waters including biological
      monitoring; and provision for annually updating such data and
      including it in the report required under section 1315 of this
      title;
        (2) authority comparable to that in section 1364 of this title
      and adequate contingency plans to implement such authority.
    (f) Conditions
      Grants shall be made under this section on condition that -
        (1) Such State (or interstate agency) files with the
      Administrator within one hundred and twenty days after October
      18, 1972:
          (A) a summary report of the current status of the State
        pollution control program, including the criteria used by the
        State in determining priority of treatment works; and
          (B) such additional information, data, and reports as the
        Administrator may require.
        (2) No federally assumed enforcement as defined in section
      1319(a)(2) of this title is in effect with respect to such State
      or interstate agency.
        (3) Such State (or interstate agency) submits within one
      hundred and twenty days after October 18, 1972, and before
      October 1 of each year thereafter for the Administrator's
      approval of its program for the prevention, reduction, and
      elimination of pollution in accordance with purposes and
      provisions of this chapter in such form and content as the
      Administrator may prescribe.
    (g) Reallotment of unpaid allotments
      Any sums allotted under subsection (b) of this section in any
    fiscal year which are not paid shall be reallotted by the
    Administrator in accordance with regulations promulgated by him.
-SOURCE-
    (June 30, 1948, ch. 758, title I, Sec. 106, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 827; amended Pub. L. 93-592,
    Sec. 3, Jan. 2, 1975, 88 Stat. 1925; Pub. L. 94-273, Sec. 3(20),
    Apr. 21, 1976, 90 Stat. 377; Pub. L. 95-217, Sec. 4(c), Dec. 27,
    1977, 91 Stat. 1566; Pub. L. 96-483, Sec. 1(b), Oct. 21, 1980, 94
    Stat. 2360; Pub. L. 100-4, title I, Sec. 101(b), Feb. 4, 1987, 101
    Stat. 9.)
-MISC1-
                                AMENDMENTS
      1987 - Subsec. (a)(2). Pub. L. 100-4 inserted ", such sums as may
    be necessary for fiscal years 1983 through 1985, and $75,000,000
    per fiscal year for each of the fiscal years 1986 through 1990"
    after "1982".
      1980 - Subsec. (a)(2). Pub. L. 96-483 inserted authorization of
    the sum of $75,000,000 per fiscal year for fiscal years 1981 and
    1982.
      1977 - Subsec. (a)(2). Pub. L. 95-217 substituted "and the fiscal
    year ending June 30, 1975, $100,000,000 per fiscal year for the
    fiscal years 1977, 1978, 1979, and 1980" for "and the fiscal year
    ending June 30, 1975".
      1976 - Subsec. (f)(3). Pub. L. 94-273 substituted "October" for
    "July".
      1975 - Subsec. (a)(2). Pub. L. 93-592 substituted "June 30, 1974,
    and the fiscal year ending June 30, 1975;" for "June 30, 1974;".
-End-
-CITE-
    33 USC Sec. 1257                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1257. Mine water pollution control demonstrations
-STATUTE-
    (a) Comprehensive approaches to elimination or control of mine
      water pollution
      The Administrator in cooperation with the Appalachian Regional
    Commission and other Federal agencies is authorized to conduct, to
    make grants for, or to contract for, projects to demonstrate
    comprehensive approaches to the elimination or control of acid or
    other mine water pollution resulting from active or abandoned
    mining operations and other environmental pollution affecting water
    quality within all or part of a watershed or river basin, including
    siltation from surface mining. Such projects shall demonstrate the
    engineering and economic feasibility and practicality of various
    abatement techniques which will contribute substantially to
    effective and practical methods of acid or other mine water
    pollution elimination or control, and other pollution affecting
    water quality, including techniques that demonstrate the
    engineering and economic feasibility and practicality of using
    sewage sludge materials and other municipal wastes to diminish or
    prevent pollution affecting water quality from acid, sedimentation,
    or other pollutants and in such projects to restore affected lands
    to usefulness for forestry, agriculture, recreation, or other
    beneficial purposes.
    (b) Consistency of projects with objectives of subtitle IV of title
      40
      Prior to undertaking any demonstration project under this section
    in the Appalachian region (as defined in section 14102(a)(1) and
    (b) of title 40), the Appalachian Regional Commission shall
    determine that such demonstration project is consistent with the
    objectives of subtitle IV of title 40.
    (c) Watershed selection
      The Administrator, in selecting watersheds for the purposes of
    this section, shall be satisfied that the project area will not be
    affected adversely by the influx of acid or other mine water
    pollution from nearby sources.
    (d) Conditions upon Federal participation
      Federal participation in such projects shall be subject to the
    conditions -
        (1) that the State shall acquire any land or interests therein
      necessary for such project; and
        (2) that the State shall provide legal and practical protection
      to the project area to insure against any activities which will
      cause future acid or other mine water pollution.
    (e) Authorization of appropriations
      There is authorized to be appropriated $30,000,000 to carry out
    the provisions of this section, which sum shall be available until
    expended.
-SOURCE-
    (June 30, 1948, ch. 758, title I, Sec. 107, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 828.)
-COD-
                               CODIFICATION
      In subsec. (b), "section 14102(a)(1) and (b) of title 40"
    substituted for "section 403 of the Appalachian Regional
    Development Act of 1965, as amended" and "subtitle IV of title 40"
    substituted for "the Appalachian Regional Development Act of 1965,
    as amended" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21,
    2002, 116 Stat. 1303, the first section of which enacted Title 40,
    Public Buildings, Property, and Works.
-End-
-CITE-
    33 USC Sec. 1257a                                           01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1257a. State demonstration programs for cleanup of abandoned
      mines for use as waste disposal sites; authorization of
      appropriations
-STATUTE-
      The Administrator of the Environmental Protection Agency is
    authorized to make grants to States to undertake a demonstration
    program for the cleanup of State-owned abandoned mines which can be
    used as hazardous waste disposal sites. The State shall pay 10 per
    centum of project costs. At a minimum, the Administrator shall
    undertake projects under such program in the States of Ohio,
    Illinois, and West Virginia. There are authorized to be
    appropriated $10,000,000 per fiscal year for each of the fiscal
    years ending September 30, 1982, September 30, 1983, and September
    30, 1984, to carry out this section. Such projects shall be
    undertaken in accordance with all applicable laws and regulations.
-SOURCE-
    (Pub. L. 96-483, Sec. 12, Oct. 21, 1980, 94 Stat. 2363.)
-COD-
                               CODIFICATION
      Section was not enacted as part of the Federal Water Pollution
    Control Act which comprises this chapter.
-End-
-CITE-
    33 USC Sec. 1258                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1258. Pollution control in the Great Lakes
-STATUTE-
    (a) Demonstration projects
      The Administrator, in cooperation with other Federal departments,
    agencies, and instrumentalities is authorized to enter into
    agreements with any State, political subdivision, interstate
    agency, or other public agency, or combination thereof, to carry
    out one or more projects to demonstrate new methods and techniques
    and to develop preliminary plans for the elimination or control of
    pollution, within all or any part of the watersheds of the Great
    Lakes. Such projects shall demonstrate the engineering and economic
    feasibility and practicality of removal of pollutants and
    prevention of any polluting matter from entering into the Great
    Lakes in the future and other reduction and remedial techniques
    which will contribute substantially to effective and practical
    methods of pollution prevention, reduction, or elimination.
    (b) Conditions of Federal participation
      Federal participation in such projects shall be subject to the
    condition that the State, political subdivision, interstate agency,
    or other public agency, or combination thereof, shall pay not less
    than 25 per centum of the actual project costs, which payment may
    be in any form, including, but not limited to, land or interests
    therein that is needed for the project, and personal property or
    services the value of which shall be determined by the
    Administrator.
    (c) Authorization of appropriations
      There is authorized to be appropriated $20,000,000 to carry out
    the provisions of subsections (a) and (b) of this section, which
    sum shall be available until expended.
    (d) Lake Erie demonstration program
      (1) In recognition of the serious conditions which exist in Lake
    Erie, the Secretary of the Army, acting through the Chief of
    Engineers, is directed to design and develop a demonstration waste
    water management program for the rehabilitation and environmental
    repair of Lake Erie. Prior to the initiation of detailed
    engineering and design, the program, along with the specific
    recommendations of the Chief of Engineers, and recommendations for
    its financing, shall be submitted to the Congress for statutory
    approval. This authority is in addition to, and not in lieu of,
    other waste water studies aimed at eliminating pollution emanating
    from select sources around Lake Erie.
      (2) This program is to be developed in cooperation with the
    Environmental Protection Agency, other interested departments,
    agencies, and instrumentalities of the Federal Government, and the
    States and their political subdivisions. This program shall set
    forth alternative systems for managing waste water on a regional
    basis and shall provide local and State governments with a range of
    choice as to the type of system to be used for the treatment of
    waste water. These alternative systems shall include both advanced
    waste treatment technology and land disposal systems including
    aerated treatment-spray irrigation technology and will also include
    provisions for the disposal of solid wastes, including sludge. Such
    program should include measures to control point sources of
    pollution, area sources of pollution, including acid-mine drainage,
    urban runoff and rural runoff, and in place sources of pollution,
    including bottom loads, sludge banks, and polluted harbor
    dredgings.
    (e) Authorization of appropriations for Lake Erie demonstration
      program
      There is authorized to be appropriated $5,000,000 to carry out
    the provisions of subsection (d) of this section, which sum shall
    be available until expended.
-SOURCE-
    (June 30, 1948, ch. 758, title I, Sec. 108, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 828.)
-End-
-CITE-
    33 USC Sec. 1259                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1259. Training grants and contracts
-STATUTE-
      (a) The Administrator is authorized to make grants to or
    contracts with institutions of higher education, or combinations of
    such institutions, to assist them in planning, developing,
    strengthening, improving, or carrying out programs or projects for
    the preparation of undergraduate students to enter an occupation
    which involves the design, operation, and maintenance of treatment
    works, and other facilities whose purpose is water quality control.
    Such grants or contracts may include payment of all or part of the
    cost of programs or projects such as -
        (A) planning for the development or expansion of programs or
      projects for training persons in the operation and maintenance of
      treatment works;
        (B) training and retraining of faculty members;
        (C) conduct of short-term or regular session institutes for
      study by persons engaged in, or preparing to engage in, the
      preparation of students preparing to enter an occupation
      involving the operation and maintenance of treatment works;
        (D) carrying out innovative and experimental programs of
      cooperative education involving alternate periods of full-time or
      part-time academic study at the institution and periods of full-
      time or part-time employment involving the operation and
      maintenance of treatment works; and
        (E) research into, and development of, methods of training
      students or faculty, including the preparation of teaching
      materials and the planning of curriculum.
      (b)(1) The Administrator may pay 100 per centum of any additional
    cost of construction of treatment works required for a facility to
    train and upgrade waste treatment works operation and maintenance
    personnel and for the costs of other State treatment works operator
    training programs, including mobile training units, classroom
    rental, specialized instructors, and instructional material.
      (2) The Administrator shall make no more than one grant for such
    additional construction in any State (to serve a group of States,
    where, in his judgment, efficient training programs require multi-
    State programs), and shall make such grant after consultation with
    and approval by the State or States on the basis of (A) the
    suitability of such facility for training operation and maintenance
    personnel for treatment works throughout such State or States; and
    (B) a commitment by the State agency or agencies to carry out at
    such facility a program of training approved by the Administrator.
    In any case where a grant is made to serve two or more States, the
    Administrator is authorized to make an additional grant for a
    supplemental facility in each such State.
      (3) The Administrator may make such grant out of the sums
    allocated to a State under section 1285 of this title, except that
    in no event shall the Federal cost of any such training facilities
    exceed $500,000.
      (4) The Administrator may exempt a grant under this section from
    any requirement under section 1284(a)(3) of this title. Any grantee
    who received a grant under this section prior to enactment of the
    Clean Water Act of 1977 shall be eligible to have its grant
    increased by funds made available under such Act.
-SOURCE-
    (June 30, 1948, ch. 758, title I, Sec. 109, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 829; amended Pub. L. 95-217,
    Sec. 10, Dec. 27, 1977, 91 Stat. 1568.)
-REFTEXT-
                            REFERENCES IN TEXT
      Prior to the date of enactment of the Clean Water Act of 1977,
    referred to in subsec. (b)(4), means prior to the enactment of Pub.
    L. 95-217, Dec. 27, 1977, 91 Stat. 1566, which was approved Dec.
    27, 1977.
      Such Act, referred to in subsec. (b)(4), means Pub. L. 95-217,
    Dec. 27, 1977, 91 Stat. 1566, as amended, known as the Clean Water
    Act of 1977. For complete classification of this Act to the Code,
    see Short Title of 1977 Amendment note set out under section 1251
    of this title and Tables.
-MISC1-
                                AMENDMENTS
      1977 - Subsec. (b)(1). Pub. L. 95-217, Sec. 10(c), (d),
    substituted "cost of construction of treatment works required for a
    facility to train and upgrade waste treatment works operation and
    maintenance personnel and for the costs of other State treatment
    works operator training programs, including mobile training units,
    classroom rental, specialized instructors, and instructional
    material" for "cost of construction of a treatment works required
    for a facility to train and upgrade waste treatment works operation
    and maintenance personnel".
      Subsec. (b)(2). Pub. L. 95-217, Sec. 10(e), authorized
    Administrator to make an additional grant for a supplemental
    facility in each of the States in any case where a grant is made to
    serve two or more States.
      Subsec. (b)(3). Pub. L. 95-217, Sec. 10(a), substituted
    "$500,000" for "$250,000".
      Subsec. (b)(4). Pub. L. 95-217, Sec. 10(b), added par. (4).
-End-
-CITE-
    33 USC Sec. 1260                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1260. Applications; allocation
-STATUTE-
      (1) A grant or contract authorized by section 1259 of this title
    may be made only upon application to the Administrator at such time
    or times and containing such information as he may prescribe,
    except that no such application shall be approved unless it -
        (A) sets forth programs, activities, research, or development
      for which a grant is authorized under section 1259 of this title
      and describes the relation to any program set forth by the
      applicant in an application, if any, submitted pursuant to
      section 1261 of this title;
        (B) provides such fiscal control and fund accounting procedures
      as may be necessary to assure proper disbursement of and
      accounting for Federal funds paid to the applicant under this
      section; and
        (C) provides for making such reports, in such form and
      containing such information, as the Administrator may require to
      carry out his functions under this section, and for keeping such
      records and for affording such access thereto as the
      Administrator may find necessary to assure the correctness and
      verification of such reports.
      (2) The Administrator shall allocate grants or contracts under
    section 1259 of this title in such manner as will most nearly
    provide an equitable distribution of the grants or contracts
    throughout the United States among institutions of higher education
    which show promise of being able to use funds effectively for the
    purpose of this section.
      (3)(A) Payments under this section may be used in accordance with
    regulations of the Administrator, and subject to the terms and
    conditions set forth in an application approved under paragraph
    (1), to pay part of the compensation of students employed in
    connection with the operation and maintenance of treatment works,
    other than as an employee in connection with the operation and
    maintenance of treatment works or as an employee in any branch of
    the Government of the United States, as part of a program for which
    a grant has been approved pursuant to this section.
      (B) Departments and agencies of the United States are encouraged,
    to the extent consistent with efficient administration, to enter
    into arrangements with institutions of higher education for the
    full-time, part-time, or temporary employment, whether in the
    competitive or excepted service, of students enrolled in programs
    set forth in applications approved under paragraph (1).
-SOURCE-
    (June 30, 1948, ch. 758, title I, Sec. 110, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 830.)
-End-
-CITE-
    33 USC Sec. 1261                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1261. Scholarships
-STATUTE-
      (1) The Administrator is authorized to award scholarships in
    accordance with the provisions of this section for undergraduate
    study by persons who plan to enter an occupation involving the
    operation and maintenance of treatment works. Such scholarships
    shall be awarded for such periods as the Administrator may
    determine but not to exceed four academic years.
      (2) The Administrator shall allocate scholarships under this
    section among institutions of higher education with programs
    approved under the provisions of this section for the use of
    individuals accepted into such programs in such manner and
    according to such plan as will insofar as practicable -
        (A) provide an equitable distribution of such scholarships
      throughout the United States; and
        (B) attract recent graduates of secondary schools to enter an
      occupation involving the operation and maintenance of treatment
      works.
      (3) The Administrator shall approve a program of any institution
    of higher education for the purposes of this section only upon
    application by the institution and only upon his finding -
        (A) that such program has a principal objective the education
      and training of persons in the operation and maintenance of
      treatment works;
        (B) that such program is in effect and of high quality, or can
      be readily put into effect and may reasonably be expected to be
      of high quality;
        (C) that the application describes the relation of such program
      to any program, activity, research, or development set forth by
      the applicant in an application, if any, submitted pursuant to
      section 1260 of this title; and
        (D) that the application contains satisfactory assurances that
      (i) the institution will recommend to the Administrator for the
      award of scholarships under this section, for study in such
      program, only persons who have demonstrated to the satisfaction
      of the institution a serious intent, upon completing the program,
      to enter an occupation involving the operation and maintenance of
      treatment works, and (ii) the institution will make reasonable
      continuing efforts to encourage recipients of scholarships under
      this section, enrolled in such program, to enter occupations
      involving the operation and maintenance of treatment works upon
      completing the program.
      (4)(A) The Administrator shall pay to persons awarded
    scholarships under this section such stipends (including such
    allowances for subsistence and other expenses for such persons and
    their dependents) as he may determine to be consistent with
    prevailing practices under comparable federally supported programs.
      (B) The Administrator shall (in addition to the stipends paid to
    persons under paragraph (1)) pay to the institution of higher
    education at which such person is pursuing his course of study such
    amount as he may determine to be consistent with prevailing
    practices under comparable federally supported programs.
      (5) A person awarded a scholarship under the provisions of this
    section shall continue to receive the payments provided in this
    section only during such periods as the Administrator finds that he
    is maintaining satisfactory proficiency and devoting full time to
    study or research in the field in which such scholarship was
    awarded in an institution of higher education, and is not engaging
    in gainful employment other than employment approved by the
    Administrator by or pursuant to regulation.
      (6) The Administrator shall by regulation provide that any person
    awarded a scholarship under this section shall agree in writing to
    enter and remain in an occupation involving the design, operation,
    or maintenance of treatment works for such period after completion
    of his course of studies as the Administrator determines
    appropriate.
-SOURCE-
    (June 30, 1948, ch. 758, title I, Sec. 111, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 831.)
-End-
-CITE-
    33 USC Sec. 1262                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1262. Definitions and authorizations
-STATUTE-
      (a) As used in sections 1259 through 1262 of this title -
      (1) The term "institution of higher education" means an
    educational institution described in the first sentence of section
    1001 of title 20 (other than an institution of any agency of the
    United States) which is accredited by a nationally recognized
    accrediting agency or association approved by the Administrator for
    this purpose. For purposes of this subsection, the Administrator
    shall publish a list of nationally recognized accrediting agencies
    or associations which he determines to be reliable authority as to
    the quality of training offered.
      (2) The term "academic year" means an academic year or its
    equivalent, as determined by the Administrator.
      (b) The Administrator shall annually report his activities under
    sections 1259 through 1262 of this title, including recommendations
    for needed revisions in the provisions thereof.
      (c) There are authorized to be appropriated $25,000,000 per
    fiscal year for the fiscal years ending June 30, 1973, June 30,
    1974, and June 30, 1975, $6,000,000 for the fiscal year ending
    September 30, 1977, $7,000,000 for the fiscal year ending September
    30, 1978, $7,000,000 for the fiscal year ending September 30, 1979,
    $7,000,000 for the fiscal year ending September 30, 1980,
    $7,000,000 for the fiscal year ending September 30, 1981,
    $7,000,000 for the fiscal year ending September 30, 1982, such sums
    as may be necessary for fiscal years 1983 through 1985, and
    $7,000,000 per fiscal year for each of the fiscal years 1986
    through 1990, to carry out sections 1259 through 1262 of this
    title.
-SOURCE-
    (June 30, 1948, ch. 758, title I, Sec. 112, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 832; amended Pub. L. 93-592,
    Sec. 4, Jan. 2, 1975, 88 Stat. 1925; Pub. L. 95-217, Sec. 4(d),
    Dec. 27, 1977, 91 Stat. 1566; Pub. L. 96-483, Sec. 1(c), Oct. 21,
    1980, 94 Stat. 2360; Pub. L. 100-4, title I, Sec. 101(c), Feb. 4,
    1987, 101 Stat. 9; Pub. L. 105-244, title I, Sec. 102(a)(11), Oct.
    7, 1998, 112 Stat. 1620.)
-MISC1-
                                AMENDMENTS
      1998 - Subsec. (a)(1). Pub. L. 105-244 substituted "section 1001"
    for "section 1141".
      1987 - Subsec. (c). Pub. L. 100-4 struck out "and" after "1981,"
    and inserted "such sums as may be necessary for fiscal years 1983
    through 1985, and $7,000,000 per fiscal year for each of the fiscal
    years 1986 through 1990," after "1982,".
      1980 - Subsec. (c). Pub. L. 96-483 inserted authorization of the
    sum of $7,000,000 for each of fiscal years ending Sept. 30, 1981
    and 1982.
      1977 - Subsec. (c). Pub. L. 95-217 substituted "June 30, 1975,
    $6,000,000 for the fiscal year ending September 30, 1977,
    $7,000,000 for the fiscal year ending September 30, 1978,
    $7,000,000 for the fiscal year ending September 30, 1979, and
    $7,000,000 for the fiscal year ending September 30, 1980," for
    "June 30, 1975,".
      1975 - Subsec. (c). Pub. L. 93-592 substituted "June 30, 1974,
    and June 30, 1975," for "and June 30, 1974,".
                     EFFECTIVE DATE OF 1998 AMENDMENT
      Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
    otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-
    244, set out as a note under section 1001 of Title 20, Education.
-End-
-CITE-
    33 USC Sec. 1263                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1263. Alaska village demonstration projects
-STATUTE-
    (a) Central community facilities for safe water; elimination or
      control of pollution
      The Administrator is authorized to enter into agreements with the
    State of Alaska to carry out one or more projects to demonstrate
    methods to provide for central community facilities for safe water
    and eliminate or control of pollution in those native villages of
    Alaska without such facilities. Such project shall include
    provisions for community safe water supply systems, toilets,
    bathing and laundry facilities, sewage disposal facilities, and
    other similar facilities, and educational and informational
    facilities and programs relating to health and hygiene. Such
    demonstration projects shall be for the further purpose of
    developing preliminary plans for providing such safe water and such
    elimination or control of pollution for all native villages in such
    State.
    (b) Utilization of personnel and facilities of Department of Health
      and Human Services
      In carrying out this section the Administrator shall cooperate
    with the Secretary of Health and Human Services for the purpose of
    utilizing such of the personnel and facilities of that Department
    as may be appropriate.
    (c) Omitted
    (d) Authorization of appropriations
      There is authorized to be appropriated not to exceed $2,000,000
    to carry out this section. In addition, there is authorized to be
    appropriated to carry out this section not to exceed $200,000 for
    the fiscal year ending September 30, 1978, and $220,000 for the
    fiscal year ending September 30, 1979.
    (e) Study to develop comprehensive program for achieving sanitation
      services; report to Congress
      The Administrator is authorized to coordinate with the Secretary
    of the Department of Health and Human Services, the Secretary of
    the Department of Housing and Urban Development, the Secretary of
    the Department of the Interior, the Secretary of the Department of
    Agriculture, and the heads of any other departments or agencies he
    may deem appropriate to conduct a joint study with representatives
    of the State of Alaska and the appropriate Native organizations (as
    defined in Public Law 92-203) to develop a comprehensive program
    for achieving adequate sanitation services in Alaska villages. This
    study shall be coordinated with the programs and projects
    authorized by sections 1254(q) and 1255(e)(2) of this title. The
    Administrator shall submit a report of the results of the study,
    together with appropriate supporting data and such recommendations
    as he deems desirable, to the Committee on Environment and Public
    Works of the Senate and to the Committee on Public Works and
    Transportation of the House of Representatives not later than
    December 31, 1979. The Administrator shall also submit recommended
    administrative actions, procedures, and any proposed legislation
    necessary to implement the recommendations of the study no later
    than June 30, 1980.
    (f) Technical, financial, and management assistance
      The Administrator is authorized to provide technical, financial
    and management assistance for operation and maintenance of the
    demonstration projects constructed under this section, until such
    time as the recommendations of subsection (e) of this section are
    implemented.
    (g) "Village" and "sanitation services" defined
      For the purpose of this section, the term "village" shall mean an
    incorporated or unincorporated community with a population of ten
    to six hundred people living within a two-mile radius. The term
    "sanitation services" shall mean water supply, sewage disposal,
    solid waste disposal and other services necessary to maintain
    generally accepted standards of personal hygiene and public health.
-SOURCE-
    (June 30, 1948, ch. 758, title I, Sec. 113, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 832; amended Pub. L. 95-217,
    Sec. 11, Dec. 27, 1977, 91 Stat. 1568; Pub. L. 96-88, title V, Sec.
    509(b), Oct. 17, 1979, 93 Stat. 695.)
-REFTEXT-
                            REFERENCES IN TEXT
      Public Law 92-203, referred to in subsec. (e), is Pub. L. 92-203,
    Dec. 18, 1971, 85 Stat. 688, as amended, known as the Alaska Native
    Claims Settlement Act, which is classified generally to chapter 33
    (Sec. 1601 et seq.) of Title 43, Public Lands. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1601 of Title 43 and Tables.
-COD-
                               CODIFICATION
      Subsec. (c) authorized the Administrator to report to Congress
    the results of the demonstration project accompanied by his
    recommendations for the establishment of a statewide project not
    later than July 1, 1973.
-MISC1-
                                AMENDMENTS
      1977 - Subsec. (d). Pub. L. 95-217, Sec. 11(b), authorized
    additional appropriations of not to exceed $200,000 for the fiscal
    year ending Sept. 30, 1978, and $220,000, for the fiscal year
    ending Sept. 30, 1979, to carry out this section.
      Subsecs. (e) to (g). Pub. L. 95-217, Sec. 11(a), added subsecs.
    (e), (f), and (g).
-CHANGE-
                              CHANGE OF NAME
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsec. (b), and
    "Secretary of the Department of Health and Human Services"
    substituted for "Secretary of the Department of Health, Education,
    and Welfare" in subsec. (e), pursuant to section 509(b) of Pub. L.
    96-88 which is classified to section 3508(b) of Title 20,
    Education.
      Committee on Public Works and Transportation of House of
    Representatives treated as referring to Committee on Transportation
    and Infrastructure of House of Representatives by section 1(a) of
    Pub. L. 104-14, set out as a note preceding section 21 of Title 2,
    The Congress.
-MISC2-
                      CORPS CAPABILITY STUDY, ALASKA
      Pub. L. 104-303, title IV, Sec. 401, Oct. 12, 1996, 110 Stat.
    3740, provided that: "Not later than 18 months after the date of
    the enactment of this Act [Oct. 12, 1996], the Secretary shall
    report to Congress on the advisability and capability of the Corps
    of Engineers to implement rural sanitation projects for rural and
    Native villages in Alaska."
-End-
-CITE-
    33 USC Sec. 1263a                                           01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1263a. Grants to Alaska to improve sanitation in rural and
      Native villages
-STATUTE-
    (a) In general
      The Administrator of the Environmental Protection Agency may make
    grants to the State of Alaska for the benefit of rural and Native
    villages in Alaska to pay the Federal share of the cost of -
        (1) the development and construction of public water systems
      and wastewater systems to improve the health and sanitation
      conditions in the villages; and
        (2) training, technical assistance, and educational programs
      relating to the operation and management of sanitation services
      in rural and Native villages.
    (b) Federal share
      The Federal share of the cost of the activities described in
    subsection (a) of this section shall be 50 percent.
    (c) Administrative expenses
      The State of Alaska may use an amount not to exceed 4 percent of
    any grant made available under this subsection (!1) for
    administrative expenses necessary to carry out the activities
    described in subsection (a) of this section.
    (d) Consultation with State of Alaska
      The Administrator shall consult with the State of Alaska on a
    method of prioritizing the allocation of grants under subsection
    (a) of this section according to the needs of, and relative health
    and sanitation conditions in, each eligible village.
    (e) Authorization of appropriations
      There are authorized to be appropriated to carry out this section
    $40,000,000 for each of fiscal years 2001 through 2005.
-SOURCE-
    (Pub. L. 104-182, title III, Sec. 303, Aug. 6, 1996, 110 Stat.
    1683; Pub. L. 106-457, title IX, Sec. 903, Nov. 7, 2000, 114 Stat.
    1982.)
-COD-
                               CODIFICATION
      Section was enacted as part of the Safe Drinking Water Act
    Amendments of 1996, and not as part of the Federal Water Pollution
    Control Act which comprises this chapter.
-MISC1-
                                AMENDMENTS
      2000 - Subsec. (e). Pub. L. 106-457 substituted "to carry out
    this section $40,000,000 for each of fiscal years 2001 through
    2005" for "$15,000,000 for each of the fiscal years 1997 through
    2000 to carry out this section".
-FOOTNOTE-
    (!1) So in original. Probably should be "section".
-End-
-CITE-
    33 USC Sec. 1264                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1264. Omitted
-COD-
                               CODIFICATION
      Section, act June 30, 1948, ch. 758, title I, Sec. 114, as added
    Oct. 18, 1972, Pub. L. 92-500, Sec. 2, 86 Stat. 833, authorized the
    Administrator, in consultation with the Tahoe Regional Planning
    Agency, the Secretary of Agriculture, other Federal agencies,
    representatives of State and local governments, and members of the
    public, to conduct a thorough and complete study on the need of
    extending Federal oversight and control in order to preserve the
    fragile ecology of Lake Tahoe and to report the results of this
    study to Congress not later than one year after Oct. 18, 1972.
-End-
-CITE-
    33 USC Sec. 1265                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1265. In-place toxic pollutants
-STATUTE-
      The Administrator is directed to identify the location of in-
    place pollutants with emphasis on toxic pollutants in harbors and
    navigable waterways and is authorized, acting through the Secretary
    of the Army, to make contracts for the removal and appropriate
    disposal of such materials from critical port and harbor areas.
    There is authorized to be appropriated $15,000,000 to carry out the
    provisions of this section, which sum shall be available until
    expended.
-SOURCE-
    (June 30, 1948, ch. 758, title I, Sec. 115, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 833.)
-End-
-CITE-
    33 USC Sec. 1266                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1266. Hudson River reclamation demonstration project
-STATUTE-
      (a) The Administrator is authorized to enter into contracts and
    other agreements with the State of New York to carry out a project
    to demonstrate methods for the selective removal of polychlorinated
    biphenyls contaminating bottom sediments of the Hudson River,
    treating such sediments as required, burying such sediments in
    secure landfills, and installing monitoring systems for such
    landfills. Such demonstration project shall be for the purpose of
    determining the feasibility of indefinite storage in secure
    landfills of toxic substances and of ascertaining the improvement
    of the rate of recovery of a toxic contaminated national waterway.
    No pollutants removed pursuant to this paragraph shall be placed in
    any landfill unless the Administrator first determines that
    disposal of the pollutants in such landfill would provide a higher
    standard of protection of the public health, safety, and welfare
    than disposal of such pollutants by any other method including, but
    not limited to, incineration or a chemical destruction process.
      (b) The Administrator is authorized to make grants to the State
    of New York to carry out this section from funds allotted to such
    State under section 1285(a) of this title, except that the amount
    of any such grant shall be equal to 75 per centum of the cost of
    the project and such grant shall be made on condition that non-
    Federal sources provide the remainder of the cost of such project.
    The authority of this section shall be available until September
    30, 1983. Funds allotted to the State of New York under section
    1285(a) of this title shall be available under this subsection only
    to the extent that funds are not available, as determined by the
    Administrator, to the State of New York for the work authorized by
    this section under section 1265 or 1321 of this title or a
    comprehensive hazardous substance response and clean up fund. Any
    funds used under the authority of this subsection shall be deducted
    from any estimate of the needs of the State of New York prepared
    under section 1375(b) of this title. The Administrator may not
    obligate or expend more than $20,000,000 to carry out this section.
-SOURCE-
    (June 30, 1948, ch. 758, title I, Sec. 116, as added Pub. L. 96-
    483, Sec. 10, Oct. 21, 1980, 94 Stat. 2363; amended Pub. L. 105-
    362, title V, Sec. 501(d)(2)(B), Nov. 10, 1998, 112 Stat. 3284;
    Pub. L. 107-303, title III, Sec. 302(b)(1), Nov. 27, 2002, 116
    Stat. 2361.)
-MISC1-
                                AMENDMENTS
      2002 - Subsec. (b). Pub. L. 107-303 repealed Pub. L. 105-362,
    Sec. 501(d)(2)(B). See 1998 Amendment note below.
      1998 - Subsec. (b). Pub. L. 105-362, Sec. 501(d)(2)(B), which
    directed the substitution of "section 1375 of this title" for
    "section 1375(b) of this title" in penultimate sentence, was
    repealed by Pub. L. 107-303. See Effective Date of 2002 Amendment
    note below.
                     EFFECTIVE DATE OF 2002 AMENDMENT
      Amendment by Pub. L. 107-303 effective Nov. 10, 1998, and Federal
    Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and
    administered on and after Nov. 27, 2002, as if amendments made by
    section 501(a)-(d) of Pub. L. 105-362 had not been enacted, see
    section 302(b) of Pub. L. 107-303, set out as a note under section
    1254 of this title.
-End-
-CITE-
    33 USC Sec. 1267                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1267. Chesapeake Bay
-STATUTE-
    (a) Definitions
      In this section, the following definitions apply:
      (1) Administrative cost
        The term "administrative cost" means the cost of salaries and
      fringe benefits incurred in administering a grant under this
      section.
      (2) Chesapeake Bay Agreement
        The term "Chesapeake Bay Agreement" means the formal, voluntary
      agreements executed to achieve the goal of restoring and
      protecting the Chesapeake Bay ecosystem and the living resources
      of the Chesapeake Bay ecosystem and signed by the Chesapeake
      Executive Council.
      (3) Chesapeake Bay ecosystem
        The term "Chesapeake Bay ecosystem" means the ecosystem of the
      Chesapeake Bay and its watershed.
      (4) Chesapeake Bay Program
        The term "Chesapeake Bay Program" means the program directed by
      the Chesapeake Executive Council in accordance with the
      Chesapeake Bay Agreement.
      (5) Chesapeake Executive Council
        The term "Chesapeake Executive Council" means the signatories
      to the Chesapeake Bay Agreement.
      (6) Signatory jurisdiction
        The term "signatory jurisdiction" means a jurisdiction of a
      signatory to the Chesapeake Bay Agreement.
    (b) Continuation of Chesapeake Bay Program
      (1) In general
        In cooperation with the Chesapeake Executive Council (and as a
      member of the Council), the Administrator shall continue the
      Chesapeake Bay Program.
      (2) Program Office
        (A) In general
          The Administrator shall maintain in the Environmental
        Protection Agency a Chesapeake Bay Program Office.
        (B) Function
          The Chesapeake Bay Program Office shall provide support to
        the Chesapeake Executive Council by -
            (i) implementing and coordinating science, research,
          modeling, support services, monitoring, data collection, and
          other activities that support the Chesapeake Bay Program;
            (ii) developing and making available, through publications,
          technical assistance, and other appropriate means,
          information pertaining to the environmental quality and
          living resources of the Chesapeake Bay ecosystem;
            (iii) in cooperation with appropriate Federal, State, and
          local authorities, assisting the signatories to the
          Chesapeake Bay Agreement in developing and implementing
          specific action plans to carry out the responsibilities of
          the signatories to the Chesapeake Bay Agreement;
            (iv) coordinating the actions of the Environmental
          Protection Agency with the actions of the appropriate
          officials of other Federal agencies and State and local
          authorities in developing strategies to -
              (I) improve the water quality and living resources in the
            Chesapeake Bay ecosystem; and
              (II) obtain the support of the appropriate officials of
            the agencies and authorities in achieving the objectives of
            the Chesapeake Bay Agreement; and
            (v) implementing outreach programs for public information,
          education, and participation to foster stewardship of the
          resources of the Chesapeake Bay.
    (c) Interagency agreements
      The Administrator may enter into an interagency agreement with a
    Federal agency to carry out this section.
    (d) Technical assistance and assistance grants
      (1) In general
        In cooperation with the Chesapeake Executive Council, the
      Administrator may provide technical assistance, and assistance
      grants, to nonprofit organizations, State and local governments,
      colleges, universities, and interstate agencies to carry out this
      section, subject to such terms and conditions as the
      Administrator considers appropriate.
      (2) Federal share
        (A) In general
          Except as provided in subparagraph (B), the Federal share of
        an assistance grant provided under paragraph (1) shall be
        determined by the Administrator in accordance with guidance
        issued by the Administrator.
        (B) Small watershed grants program
          The Federal share of an assistance grant provided under
        paragraph (1) to carry out an implementing activity under
        subsection (g)(2) of this section shall not exceed 75 percent
        of eligible project costs, as determined by the Administrator.
      (3) Non-Federal share
        An assistance grant under paragraph (1) shall be provided on
      the condition that non-Federal sources provide the remainder of
      eligible project costs, as determined by the Administrator.
      (4) Administrative costs
        Administrative costs shall not exceed 10 percent of the annual
      grant award.
    (e) Implementation and monitoring grants
      (1) In general
        If a signatory jurisdiction has approved and committed to
      implement all or substantially all aspects of the Chesapeake Bay
      Agreement, on the request of the chief executive of the
      jurisdiction, the Administrator -
          (A) shall make a grant to the jurisdiction for the purpose of
        implementing the management mechanisms established under the
        Chesapeake Bay Agreement, subject to such terms and conditions
        as the Administrator considers appropriate; and
          (B) may make a grant to a signatory jurisdiction for the
        purpose of monitoring the Chesapeake Bay ecosystem.
      (2) Proposals
        (A) In general
          A signatory jurisdiction described in paragraph (1) may apply
        for a grant under this subsection for a fiscal year by
        submitting to the Administrator a comprehensive proposal to
        implement management mechanisms established under the
        Chesapeake Bay Agreement.
        (B) Contents
          A proposal under subparagraph (A) shall include -
            (i) a description of proposed management mechanisms that
          the jurisdiction commits to take within a specified time
          period, such as reducing or preventing pollution in the
          Chesapeake Bay and its watershed or meeting applicable water
          quality standards or established goals and objectives under
          the Chesapeake Bay Agreement; and
            (ii) the estimated cost of the actions proposed to be taken
          during the fiscal year.
      (3) Approval
        If the Administrator finds that the proposal is consistent with
      the Chesapeake Bay Agreement and the national goals established
      under section 1251(a) of this title, the Administrator may
      approve the proposal for an award.
      (4) Federal share
        The Federal share of a grant under this subsection shall not
      exceed 50 percent of the cost of implementing the management
      mechanisms during the fiscal year.
      (5) Non-Federal share
        A grant under this subsection shall be made on the condition
      that non-Federal sources provide the remainder of the costs of
      implementing the management mechanisms during the fiscal year.
      (6) Administrative costs
        Administrative costs shall not exceed 10 percent of the annual
      grant award.
      (7) Reporting
        On or before October 1 of each fiscal year, the Administrator
      shall make available to the public a document that lists and
      describes, in the greatest practicable degree of detail -
          (A) all projects and activities funded for the fiscal year;
          (B) the goals and objectives of projects funded for the
        previous fiscal year; and
          (C) the net benefits of projects funded for previous fiscal
        years.
    (f) Federal facilities and budget coordination
      (1) Subwatershed planning and restoration
        A Federal agency that owns or operates a facility (as defined
      by the Administrator) within the Chesapeake Bay watershed shall
      participate in regional and subwatershed planning and restoration
      programs.
      (2) Compliance with agreement
        The head of each Federal agency that owns or occupies real
      property in the Chesapeake Bay watershed shall ensure that the
      property, and actions taken by the agency with respect to the
      property, comply with the Chesapeake Bay Agreement, the Federal
      Agencies Chesapeake Ecosystem Unified Plan, and any subsequent
      agreements and plans.
      (3) Budget coordination
        (A) In general
          As part of the annual budget submission of each Federal
        agency with projects or grants related to restoration,
        planning, monitoring, or scientific investigation of the
        Chesapeake Bay ecosystem, the head of the agency shall submit
        to the President a report that describes plans for the
        expenditure of the funds under this section.
        (B) Disclosure to the Council
          The head of each agency referred to in subparagraph (A) shall
        disclose the report under that subparagraph with the Chesapeake
        Executive Council as appropriate.
    (g) Chesapeake Bay Program
      (1) Management strategies
        The Administrator, in coordination with other members of the
      Chesapeake Executive Council, shall ensure that management plans
      are developed and implementation is begun by signatories to the
      Chesapeake Bay Agreement to achieve and maintain -
          (A) the nutrient goals of the Chesapeake Bay Agreement for
        the quantity of nitrogen and phosphorus entering the Chesapeake
        Bay and its watershed;
          (B) the water quality requirements necessary to restore
        living resources in the Chesapeake Bay ecosystem;
          (C) the Chesapeake Bay Basinwide Toxins Reduction and
        Prevention Strategy goal of reducing or eliminating the input
        of chemical contaminants from all controllable sources to
        levels that result in no toxic or bioaccumulative impact on the
        living resources of the Chesapeake Bay ecosystem or on human
        health;
          (D) habitat restoration, protection, creation, and
        enhancement goals established by Chesapeake Bay Agreement
        signatories for wetlands, riparian forests, and other types of
        habitat associated with the Chesapeake Bay ecosystem; and
          (E) the restoration, protection, creation, and enhancement
        goals established by the Chesapeake Bay Agreement signatories
        for living resources associated with the Chesapeake Bay
        ecosystem.
      (2) Small watershed grants program
        The Administrator, in cooperation with the Chesapeake Executive
      Council, shall -
          (A) establish a small watershed grants program as part of the
        Chesapeake Bay Program; and
          (B) offer technical assistance and assistance grants under
        subsection (d) of this section to local governments and
        nonprofit organizations and individuals in the Chesapeake Bay
        region to implement -
            (i) cooperative tributary basin strategies that address the
          water quality and living resource needs in the Chesapeake Bay
          ecosystem; and
            (ii) locally based protection and restoration programs or
          projects within a watershed that complement the tributary
          basin strategies, including the creation, restoration,
          protection, or enhancement of habitat associated with the
          Chesapeake Bay ecosystem.
    (h) Study of Chesapeake Bay Program
      (1) In general
        Not later than April 22, 2003, and every 5 years thereafter,
      the Administrator, in coordination with the Chesapeake Executive
      Council, shall complete a study and submit to Congress a
      comprehensive report on the results of the study.
      (2) Requirements
        The study and report shall -
          (A) assess the state of the Chesapeake Bay ecosystem;
          (B) compare the current state of the Chesapeake Bay ecosystem
        with its state in 1975, 1985, and 1995;
          (C) assess the effectiveness of management strategies being
        implemented on November 7, 2000, and the extent to which the
        priority needs are being met;
          (D) make recommendations for the improved management of the
        Chesapeake Bay Program either by strengthening strategies being
        implemented on November 7, 2000, or by adopting new strategies;
        and
          (E) be presented in such a format as to be readily
        transferable to and usable by other watershed restoration
        programs.
    (i) Special study of living resource response
      (1) In general
        Not later than 180 days after November 7, 2000, the
      Administrator shall commence a 5-year special study with full
      participation of the scientific community of the Chesapeake Bay
      to establish and expand understanding of the response of the
      living resources of the Chesapeake Bay ecosystem to improvements
      in water quality that have resulted from investments made through
      the Chesapeake Bay Program.
      (2) Requirements
        The study shall -
          (A) determine the current status and trends of living
        resources, including grasses, benthos, phytoplankton,
        zooplankton, fish, and shellfish;
          (B) establish to the extent practicable the rates of recovery
        of the living resources in response to improved water quality
        condition;
          (C) evaluate and assess interactions of species, with
        particular attention to the impact of changes within and among
        trophic levels; and
          (D) recommend management actions to optimize the return of a
        healthy and balanced ecosystem in response to improvements in
        the quality and character of the waters of the Chesapeake Bay.
    (j) Authorization of appropriations
      There is authorized to be appropriated to carry out this section
    $40,000,000 for each of fiscal years 2001 through 2005. Such sums
    shall remain available until expended.
-SOURCE-
    (June 30, 1948, ch. 758, title I, Sec. 117, as added Pub. L. 100-4,
    title I, Sec. 103, Feb. 4, 1987, 101 Stat. 10; amended Pub. L. 106-
    457, title II, Sec. 203, Nov. 7, 2000, 114 Stat. 1967.)
-COD-
                               CODIFICATION
      November 7, 2000, referred to in subsecs. (h)(2)(C), (D), and
    (i)(1), was in the original "the date of enactment of this
    section", which was translated as meaning the date of enactment of
    Pub. L. 106-457, which amended this section generally, to reflect
    the probable intent of Congress.
-MISC1-
                                AMENDMENTS
      2000 - Pub. L. 106-457 amended section generally, substituting
    subsecs. (a) to (j) for former subsecs. (a) to (d), which related
    to continuation of the Chesapeake Bay Program and establishment and
    maintenance in the Environmental Protection Agency of an office,
    division, or branch of Chesapeake Bay Programs, interstate
    development plan grants, progress reports from grant recipient
    States, and authorization of appropriations.
                           FINDINGS AND PURPOSES
      Pub. L. 106-457, title II, Sec. 202, Nov. 7, 2000, 114 Stat.
    1967, provided that:
      "(a) Findings. - Congress finds that -
        "(1) the Chesapeake Bay is a national treasure and a resource
      of worldwide significance;
        "(2) over many years, the productivity and water quality of the
      Chesapeake Bay and its watershed were diminished by pollution,
      excessive sedimentation, shoreline erosion, the impacts of
      population growth and development in the Chesapeake Bay
      watershed, and other factors;
        "(3) the Federal Government (acting through the Administrator
      of the Environmental Protection Agency), the Governor of the
      State of Maryland, the Governor of the Commonwealth of Virginia,
      the Governor of the Commonwealth of Pennsylvania, the Chairperson
      of the Chesapeake Bay Commission, and the mayor of the District
      of Columbia, as Chesapeake Bay Agreement signatories, have
      committed to a comprehensive cooperative program to achieve
      improved water quality and improvements in the productivity of
      living resources of the Bay;
        "(4) the cooperative program described in paragraph (3) serves
      as a national and international model for the management of
      estuaries; and
        "(5) there is a need to expand Federal support for monitoring,
      management, and restoration activities in the Chesapeake Bay and
      the tributaries of the Bay in order to meet and further the
      original and subsequent goals and commitments of the Chesapeake
      Bay Program.
      "(b) Purposes. - The purposes of this title [amending this
    section and enacting provisions set out as a note under section
    1251 of this title] are -
        "(1) to expand and strengthen cooperative efforts to restore
      and protect the Chesapeake Bay; and
        "(2) to achieve the goals established in the Chesapeake Bay
      Agreement."
         NUTRIENT LOADING RESULTING FROM DREDGED MATERIAL DISPOSAL
      Pub. L. 106-53, title IV, Sec. 457, Aug. 17, 1999, 113 Stat. 332,
    provided that:
      "(a) Study. - The Secretary shall conduct a study of nutrient
    loading that occurs as a result of discharges of dredged material
    into open-water sites in the Chesapeake Bay.
      "(b) Report. - Not later than 18 months after the date of
    enactment of this Act [Aug. 17, 1999], the Secretary shall submit
    to Congress a report on the results of the study."
-End-
-CITE-
    33 USC Sec. 1268                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1268. Great Lakes
-STATUTE-
    (a) Findings, purpose, and definitions
      (1) Findings
        The Congress finds that -
          (A) the Great Lakes are a valuable national resource,
        continuously serving the people of the United States and other
        nations as an important source of food, fresh water,
        recreation, beauty, and enjoyment;
          (B) the United States should seek to attain the goals
        embodied in the Great Lakes Water Quality Agreement of 1978, as
        amended by the Water Quality Agreement of 1987 and any other
        agreements and amendments, with particular emphasis on goals
        related to toxic pollutants; and
          (C) the Environmental Protection Agency should take the lead
        in the effort to meet those goals, working with other Federal
        agencies and State and local authorities.
      (2) Purpose
        It is the purpose of this section to achieve the goals embodied
      in the Great Lakes Water Quality Agreement of 1978, as amended by
      the Water Quality Agreement of 1987 and any other agreements and
      amendments, through improved organization and definition of
      mission on the part of the Agency, funding of State grants for
      pollution control in the Great Lakes area, and improved
      accountability for implementation of such agreement.
      (3) Definitions
        For purposes of this section, the term -
          (A) "Agency" means the Environmental Protection Agency;
          (B) "Great Lakes" means Lake Ontario, Lake Erie, Lake Huron
        (including Lake St. Clair), Lake Michigan, and Lake Superior,
        and the connecting channels (Saint Mary's River, Saint Clair
        River, Detroit River, Niagara River, and Saint Lawrence River
        to the Canadian Border);
          (C) "Great Lakes System" means all the streams, rivers,
        lakes, and other bodies of water within the drainage basin of
        the Great Lakes;
          (D) "Program Office" means the Great Lakes National Program
        Office established by this section;
          (E) "Research Office" means the Great Lakes Research Office
        established by subsection (d) of this section;
          (F) "area of concern" means a geographic area located within
        the Great Lakes, in which beneficial uses are impaired and
        which has been officially designated as such under Annex 2 of
        the Great Lakes Water Quality Agreement;
          (G) "Great Lakes States" means the States of Illinois,
        Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and
        Wisconsin;
          (H) "Great Lakes Water Quality Agreement" means the bilateral
        agreement, between the United States and Canada which was
        signed in 1978 and amended by the Protocol of 1987;
          (I) "Lakewide Management Plan" means a written document which
        embodies a systematic and comprehensive ecosystem approach to
        restoring and protecting the beneficial uses of the open waters
        of each of the Great Lakes, in accordance with article VI and
        Annex 2 of the Great Lakes Water Quality Agreement; and
          (J) "Remedial Action Plan" means a written document which
        embodies a systematic and comprehensive ecosystem approach to
        restoring and protecting the beneficial uses of areas of
        concern, in accordance with article VI and Annex 2 of the Great
        Lakes Water Quality Agreement.
    (b) Great Lakes National Program Office
      The Great Lakes National Program Office (previously established
    by the Administrator) is hereby established within the Agency. The
    Program Office shall be headed by a Director who, by reason of
    management experience and technical expertise relating to the Great
    Lakes, is highly qualified to direct the development of programs
    and plans on a variety of Great Lakes issues. The Great Lakes
    National Program Office shall be located in a Great Lakes State.
    (c) Great Lakes management
      (1) Functions
        The Program Office shall -
          (A) in cooperation with appropriate Federal, State, tribal,
        and international agencies, and in accordance with section
        1251(e) of this title, develop and implement specific action
        plans to carry out the responsibilities of the United States
        under the Great Lakes Water Quality Agreement of 1978, as
        amended by the Water Quality Agreement of 1987 and any other
        agreements and amendments,; (!1)
          (B) establish a Great Lakes system-wide surveillance network
        to monitor the water quality of the Great Lakes, with specific
        emphasis on the monitoring of toxic pollutants;
          (C) serve as the liaison with, and provide information to,
        the Canadian members of the International Joint Commission and
        the Canadian counterpart to the Agency;
          (D) coordinate actions of the Agency (including actions by
        headquarters and regional offices thereof) aimed at improving
        Great Lakes water quality; and
          (E) coordinate actions of the Agency with the actions of
        other Federal agencies and State and local authorities, so as
        to ensure the input of those agencies and authorities in
        developing water quality strategies and obtain the support of
        those agencies and authorities in achieving the objectives of
        such agreement.
      (2) Great Lakes water quality guidance
        (A) By June 30, 1991, the Administrator, after consultation
      with the Program Office, shall publish in the Federal Register
      for public notice and comment proposed water quality guidance for
      the Great Lakes System. Such guidance shall conform with the
      objectives and provisions of the Great Lakes Water Quality
      Agreement, shall be no less restrictive than the provisions of
      this chapter and national water quality criteria and guidance,
      shall specify numerical limits on pollutants in ambient Great
      Lakes waters to protect human health, aquatic life, and wildlife,
      and shall provide guidance to the Great Lakes States on minimum
      water quality standards, antidegradation policies, and
      implementation procedures for the Great Lakes System.
        (B) By June 30, 1992, the Administrator, in consultation with
      the Program Office, shall publish in the Federal Register,
      pursuant to this section and the Administrator's authority under
      this chapter, final water quality guidance for the Great Lakes
      System.
        (C) Within two years after such Great Lakes guidance is
      published, the Great Lakes States shall adopt water quality
      standards, antidegradation policies, and implementation
      procedures for waters within the Great Lakes System which are
      consistent with such guidance. If a Great Lakes State fails to
      adopt such standards, policies, and procedures, the Administrator
      shall promulgate them not later than the end of such two-year
      period. When reviewing any Great Lakes State's water quality
      plan, the agency shall consider the extent to which the State has
      complied with the Great Lakes guidance issued pursuant to this
      section.
      (3) Remedial Action Plans
        (A) For each area of concern for which the United States has
      agreed to draft a Remedial Action Plan, the Program Office shall
      ensure that the Great Lakes State in which such area of concern
      is located -
          (i) submits a Remedial Action Plan to the Program Office by
        June 30, 1991;
          (ii) submits such Remedial Action Plan to the International
        Joint Commission by January 1, 1992; and
          (iii) includes such Remedial Action Plans within the State's
        water quality plan by January 1, 1993.
        (B) For each area of concern for which Canada has agreed to
      draft a Remedial Action Plan, the Program Office shall, pursuant
      to subparagraph (c)(1)(C) of this section, work with Canada to
      assure the submission of such Remedial Action Plans to the
      International Joint Commission by June 30, 1991, and to finalize
      such Remedial Action Plans by January 1, 1993.
        (C) For any area of concern designated as such subsequent to
      November 16, 1990, the Program Office shall (i) if the United
      States has agreed to draft the Remedial Action Plan, ensure that
      the Great Lakes State in which such area of concern is located
      submits such Plan to the Program Office within two years of the
      area's designation, submits it to the International Joint
      Commission no later than six months after submitting it to the
      Program Office, and includes such Plan in the State's water
      quality plan no later than one year after submitting it to the
      Commission; and (ii) if Canada has agreed to draft the Remedial
      Action Plan, work with Canada, pursuant to subparagraph (c)(1)(C)
      of this section, to ensure the submission of such Plan to the
      International Joint Commission within two years of the area's
      designation and the finalization of such Plan no later than
      eighteen months after submitting it to such Commission.
        (D) The Program Office shall compile formal comments on
      individual Remedial Action Plans made by the International Joint
      Commission pursuant to section 4(d) of Annex 2 of the Great Lakes
      Water Quality Agreement and, upon request by a member of the
      public, shall make such comments available for inspection and
      copying. The Program Office shall also make available, upon
      request, formal comments made by the Environmental Protection
      Agency on individual Remedial Action Plans.
        (E) Report. - Not later than 1 year after November 27, 2002,
      the Administrator shall submit to Congress a report on such
      actions, time periods, and resources as are necessary to fulfill
      the duties of the Agency relating to oversight of Remedial Action
      Plans under -
          (i) this paragraph; and
          (ii) the Great Lakes Water Quality Agreement.
      (4) Lakewide Management Plans
        The Administrator, in consultation with the Program Office
      shall -
          (A) by January 1, 1992, publish in the Federal Register a
        proposed Lakewide Management Plan for Lake Michigan and solicit
        public comments;
          (B) by January 1, 1993, submit a proposed Lakewide Management
        Plan for Lake Michigan to the International Joint Commission
        for review; and
          (C) by January 1, 1994, publish in the Federal Register a
        final Lakewide Management Plan for Lake Michigan and begin
        implementation.
      Nothing in this subparagraph shall preclude the simultaneous
      development of Lakewide Management Plans for the other Great
      Lakes.
      (5) Spills of oil and hazardous materials
        The Program Office, in consultation with the Coast Guard, shall
      identify areas within the Great Lakes which are likely to
      experience numerous or voluminous spills of oil or other
      hazardous materials from land based facilities, vessels, or other
      sources and, in consultation with the Great Lakes States, shall
      identify weaknesses in Federal and State programs and systems to
      prevent and respond to such spills. This information shall be
      included on at least a biennial basis in the report required by
      this section.
      (6) 5-year plan and program
        The Program Office shall develop, in consultation with the
      States, a five-year plan and program for reducing the amount of
      nutrients introduced into the Great Lakes. Such program shall
      incorporate any management program for reducing nutrient runoff
      from nonpoint sources established under section 1329 of this
      title and shall include a program for monitoring nutrient runoff
      into, and ambient levels in, the Great Lakes.
      (7) 5-year study and demonstration projects
        (A) The Program Office shall carry out a five-year study and
      demonstration projects relating to the control and removal of
      toxic pollutants in the Great Lakes, with emphasis on the removal
      of toxic pollutants from bottom sediments. In selecting locations
      for conducting demonstration projects under this paragraph,
      priority consideration shall be given to projects at the
      following locations: Saginaw Bay, Michigan; Sheboygan Harbor,
      Wisconsin; Grand Calumet River, Indiana; Ashtabula River, Ohio;
      and Buffalo River, New York.
        (B) The Program Office shall -
          (i) by December 31, 1990, complete chemical, physical, and
        biological assessments of the contaminated sediments at the
        locations selected for the study and demonstration projects;
          (ii) by December 31, 1990, announce the technologies that
        will be demonstrated at each location and the numerical
        standard of protection intended to be achieved at each
        location;
          (iii) by December 31, 1992, complete full or pilot scale
        demonstration projects on site at each location of promising
        technologies to remedy contaminated sediments; and
          (iv) by December 31, 1993, issue a final report to Congress
        on its findings.
        (C) The Administrator, after providing for public review and
      comment, shall publish information concerning the public health
      and environmental consequences of contaminants in Great Lakes
      sediment. Information published pursuant to this subparagraph
      shall include specific numerical limits to protect health,
      aquatic life, and wildlife from the bioaccumulation of toxins.
      The Administrator shall, at a minimum, publish information
      pursuant to this subparagraph within 2 years of November 16,
      1990.
      (8) Administrator's responsibility
        The Administrator shall ensure that the Program Office enters
      into agreements with the various organizational elements of the
      Agency involved in Great Lakes activities and the appropriate
      State agencies specifically delineating -
          (A) the duties and responsibilities of each such element in
        the Agency with respect to the Great Lakes;
          (B) the time periods for carrying out such duties and
        responsibilities; and
          (C) the resources to be committed to such duties and
        responsibilities.
      (9) Budget item
        The Administrator shall, in the Agency's annual budget
      submission to Congress, include a funding request for the Program
      Office as a separate budget line item.
      (10) Comprehensive report
        Within 90 days after the end of each fiscal year, the
      Administrator shall submit to Congress a comprehensive report
      which -
          (A) describes the achievements in the preceding fiscal year
        in implementing the Great Lakes Water Quality Agreement of
        1978, as amended by the Water Quality Agreement of 1987 and any
        other agreements and amendments, and shows by categories
        (including judicial enforcement, research, State cooperative
        efforts, and general administration) the amounts expended on
        Great Lakes water quality initiatives in such preceding fiscal
        year;
          (B) describes the progress made in such preceding fiscal year
        in implementing the system of surveillance of the water quality
        in the Great Lakes System, including the monitoring of
        groundwater and sediment, with particular reference to toxic
        pollutants;
          (C) describes the long-term prospects for improving the
        condition of the Great Lakes; and
          (D) provides a comprehensive assessment of the planned
        efforts to be pursued in the succeeding fiscal year for
        implementing the Great Lakes Water Quality Agreement of 1978,
        as amended by the Water Quality Agreement of 1987 and any other
        agreements and amendments,,(!1) which assessment shall -
            (i) show by categories (including judicial enforcement,
          research, State cooperative efforts, and general
          administration) the amount anticipated to be expended on
          Great Lakes water quality initiatives in the fiscal year to
          which the assessment relates; and
            (ii) include a report of current programs administered by
          other Federal agencies which make available resources to the
          Great Lakes water quality management efforts.
      (11) Confined disposal facilities
        (A) The Administrator, in consultation with the Assistant
      Secretary of the Army for Civil Works, shall develop and
      implement, within one year of November 16, 1990, management plans
      for every Great Lakes confined disposal facility.
        (B) The plan shall provide for monitoring of such facilities,
      including -
          (i) water quality at the site and in the area of the site;
          (ii) sediment quality at the site and in the area of the
        site;
          (iii) the diversity, productivity, and stability of aquatic
        organisms at the site and in the area of the site; and
          (iv) such other conditions as the Administrator deems
        appropriate.
        (C) The plan shall identify the anticipated use and management
      of the site over the following twenty-year period including the
      expected termination of dumping at the site, the anticipated need
      for site management, including pollution control, following the
      termination of the use of the site.
        (D) The plan shall identify a schedule for review and revision
      of the plan which shall not be less frequent than five years
      after adoption of the plan and every five years thereafter.
      (12) Remediation of sediment contamination in areas of concern
        (A) In general
          In accordance with this paragraph, the Administrator, acting
        through the Program Office, may carry out projects that meet
        the requirements of subparagraph (B).
        (B) Eligible projects
          A project meets the requirements of this subparagraph if the
        project is to be carried out in an area of concern located
        wholly or partially in the United States and the project -
            (i) monitors or evaluates contaminated sediment;
            (ii) subject to subparagraph (D), implements a plan to
          remediate contaminated sediment; or
            (iii) prevents further or renewed contamination of
          sediment.
        (C) Priority
          In selecting projects to carry out under this paragraph, the
        Administrator shall give priority to a project that -
            (i) constitutes remedial action for contaminated sediment;
            (ii)(I) has been identified in a Remedial Action Plan
          submitted under paragraph (3); and
            (II) is ready to be implemented;
            (iii) will use an innovative approach, technology, or
          technique that may provide greater environmental benefits, or
          equivalent environmental benefits at a reduced cost; or
            (iv) includes remediation to be commenced not later than 1
          year after the date of receipt of funds for the project.
        (D) Limitation
          The Administrator may not carry out a project under this
        paragraph for remediation of contaminated sediments located in
        an area of concern -
            (i) if an evaluation of remedial alternatives for the area
          of concern has not been conducted, including a review of the
          short-term and long-term effects of the alternatives on human
          health and the environment; or
            (ii) if the Administrator determines that the area of
          concern is likely to suffer significant further or renewed
          contamination from existing sources of pollutants causing
          sediment contamination following completion of the project.
        (E) Non-Federal share
          (i) In general
            The non-Federal share of the cost of a project carried out
          under this paragraph shall be at least 35 percent.
          (ii) In-kind contributions
            The non-Federal share of the cost of a project carried out
          under this paragraph may include the value of in-kind
          services contributed by a non-Federal sponsor.
          (iii) Non-Federal share
            The non-Federal share of the cost of a project carried out
          under this paragraph -
              (I) may include monies paid pursuant to, or the value of
            any in-kind service performed under, an administrative
            order on consent or judicial consent decree; but
              (II) may not include any funds paid pursuant to, or the
            value of any in-kind service performed under, a unilateral
            administrative order or court order.
          (iv) Operation and maintenance
            The non-Federal share of the cost of the operation and
          maintenance of a project carried out under this paragraph
          shall be 100 percent.
        (F) Maintenance of effort
          The Administrator may not carry out a project under this
        paragraph unless the non-Federal sponsor enters into such
        agreements with the Administrator as the Administrator may
        require to ensure that the non-Federal sponsor will maintain
        its aggregate expenditures from all other sources for
        remediation programs in the area of concern in which the
        project is located at or above the average level of such
        expenditures in the 2 fiscal years preceding the date on which
        the project is initiated.
        (G) Coordination
          In carrying out projects under this paragraph, the
        Administrator shall coordinate with the Secretary of the Army,
        and with the Governors of States in which the projects are
        located, to ensure that Federal and State assistance for
        remediation in areas of concern is used as efficiently as
        practicable.
        (H) Authorization of appropriations
          (i) In general
            In addition to other amounts authorized under this section,
          there is authorized to be appropriated to carry out this
          paragraph $50,000,000 for each of fiscal years 2004 through
          2008.
          (ii) Availability
            Funds made available under clause (i) shall remain
          available until expended.
      (13) Public information program
        (A) In general
          The Administrator, acting through the Program Office and in
        coordination with States, Indian tribes, local governments, and
        other entities, may carry out a public information program to
        provide information relating to the remediation of contaminated
        sediment to the public in areas of concern that are located
        wholly or partially in the United States.
        (B) Authorization of appropriations
          There is authorized to be appropriated to carry out this
        paragraph $1,000,000 for each of fiscal years 2004 through
        2008.
    (d) Great Lakes research
      (1) Establishment of Research Office
        There is established within the National Oceanic and
      Atmospheric Administration the Great Lakes Research Office.
      (2) Identification of issues
        The Research Office shall identify issues relating to the Great
      Lakes resources on which research is needed. The Research Office
      shall submit a report to Congress on such issues before the end
      of each fiscal year which shall identify any changes in the Great
      Lakes system (!2) with respect to such issues.
      (3) Inventory
        The Research Office shall identify and inventory Federal,
      State, university, and tribal environmental research programs
      (and, to the extent feasible, those of private organizations and
      other nations) relating to the Great Lakes system,(!2) and shall
      update that inventory every four years.
      (4) Research exchange
        The Research Office shall establish a Great Lakes research
      exchange for the purpose of facilitating the rapid
      identification, acquisition, retrieval, dissemination, and use of
      information concerning research projects which are ongoing or
      completed and which affect the Great Lakes System.
      (5) Research program
        The Research Office shall develop, in cooperation with the
      Coordination Office, a comprehensive environmental research
      program and data base for the Great Lakes system.(!2) The data
      base shall include, but not be limited to, data relating to water
      quality, fisheries, and biota.
      (6) Monitoring
        The Research Office shall conduct, through the Great Lakes
      Environmental Research Laboratory, the National Sea Grant College
      program, other Federal laboratories, and the private sector,
      appropriate research and monitoring activities which address
      priority issues and current needs relating to the Great Lakes.
      (7) Location
        The Research Office shall be located in a Great Lakes State.
    (e) Research and management coordination
      (1) Joint plan
        Before October 1 of each year, the Program Office and the
      Research Office shall prepare a joint research plan for the
      fiscal year which begins in the following calendar year.
      (2) Contents of plan
        Each plan prepared under paragraph (1) shall -
          (A) identify all proposed research dedicated to activities
        conducted under the Great Lakes Water Quality Agreement of
        1978, as amended by the Water Quality Agreement of 1987 and any
        other agreements and amendments,; (!3)
          (B) include the Agency's assessment of priorities for
        research needed to fulfill the terms of such Agreement; and
          (C) identify all proposed research that may be used to
        develop a comprehensive environmental data base for the Great
        Lakes System and establish priorities for development of such
        data base.
      (3) Health research report
        (A) Not later than September 30, 1994, the Program Office, in
      consultation with the Research Office, the Agency for Toxic
      Substances and Disease Registry, and Great Lakes States shall
      submit to the Congress a report assessing the adverse effects of
      water pollutants in the Great Lakes System on the health of
      persons in Great Lakes States and the health of fish, shellfish,
      and wildlife in the Great Lakes System. In conducting research in
      support of this report, the Administrator may, where appropriate,
      provide for research to be conducted under cooperative agreements
      with Great Lakes States.
        (B) There is authorized to be appropriated to the Administrator
      to carry out this section not to exceed $3,000,000 for each of
      fiscal years 1992, 1993, and 1994.
    (f) Interagency cooperation
      The head of each department, agency, or other instrumentality of
    the Federal Government which is engaged in, is concerned with, or
    has authority over programs relating to research, monitoring, and
    planning to maintain, enhance, preserve, or rehabilitate the
    environmental quality and natural resources of the Great Lakes,
    including the Chief of Engineers of the Army, the Chief of the Soil
    Conservation Service, the Commandant of the Coast Guard, the
    Director of the Fish and Wildlife Service, and the Administrator of
    the National Oceanic and Atmospheric Administration, shall submit
    an annual report to the Administrator with respect to the
    activities of that agency or office affecting compliance with the
    Great Lakes Water Quality Agreement of 1978, as amended by the
    Water Quality Agreement of 1987 and any other agreements and
    amendments,.(!3)
    (g) Relationship to existing Federal and State laws and
      international treaties
      Nothing in this section shall be construed -
        (1) to affect the jurisdiction, powers, or prerogatives of any
      department, agency, or officer of the Federal Government or of
      any State government, or of any tribe, nor any powers,
      jurisdiction, or prerogatives of any international body created
      by treaty with authority relating to the Great Lakes; or
        (2) to affect any other Federal or State authority that is
      being used or may be used to facilitate the cleanup and
      protection of the Great Lakes.
    (h) Authorizations of Great Lakes appropriations
      There are authorized to be appropriated to the Administrator to
    carry out this section not to exceed -
        (1) $11,000,000 per fiscal year for the fiscal years 1987,
      1988, 1989, and 1990, and $25,000,000 for fiscal year 1991;
        (2) such sums as are necessary for each of fiscal years 1992
      through 2003; and
        (3) $25,000,000 for each of fiscal years 2004 through 2008.
-SOURCE-
    (June 30, 1948, ch. 758, title I, Sec. 118, as added Pub. L. 100-4,
    title I, Sec. 104, Feb. 4, 1987, 101 Stat. 11; amended Pub. L. 100-
    688, title I, Sec. 1008, Nov. 18, 1988, 102 Stat. 4151; Pub. L.
    101-596, title I, Secs. 101-106, Nov. 16, 1990, 104 Stat. 3000-
    3004; Pub. L. 107-303, title I, Secs. 102-105, Nov. 27, 2002, 116
    Stat. 2355-2358.)
-COD-
                               CODIFICATION
      November 16, 1990, referred to in subsec. (c)(3)(C), (7)(C), was
    in the original "the enactment of this Act", and "the date of the
    enactment of this title" which were translated as meaning the date
    of enactment of Pub. L. 101-596, title I of which enacted subsec.
    (c)(3), (7)(C), to reflect the probable intent of Congress.
-MISC1-
                                AMENDMENTS
      2002 - Subsec. (c)(3)(E). Pub. L. 107-303, Sec. 102, added
    subpar. (E).
      Subsec. (c)(12), (13). Pub. L. 107-303, Sec. 103, added pars.
    (12) and (13).
      Subsec. (g). Pub. L. 107-303, Sec. 104, substituted "construed -
    " for "construed to affect", inserted "(1) to affect" before "the
    jurisdiction", substituted "Lakes; or" for "Lakes.", and added par.
    (2).
      Subsec. (h). Pub. L. 107-303, Sec. 105, substituted "not to
    exceed - " for "not to exceed $11,000,000", inserted "(1)
    $11,000,000" before "per fiscal year for", substituted "1991;" for
    "1991.", added pars. (2) and (3), and struck out former last
    sentence which read as follows: "Of the amounts appropriated each
    fiscal year -
        "(1) 40 percent shall be used by the Great Lakes National
      Program Office on demonstration projects on the feasibility of
      controlling and removing toxic pollutants;
        "(2) 7 percent shall be used by the Great Lakes National
      Program Office for the program of nutrient monitoring; and
        "(3) 30 percent or $3,300,000, whichever is the lesser, shall
      be transferred to the National Oceanic and Atmospheric
      Administration for use by the Great Lakes Research Office."
      1990 - Subsec. (a)(3)(F) to (J). Pub. L. 101-596, Sec. 103, added
    subpars. (F) to (J).
      Subsec. (c)(2) to (11). Pub. L. 101-596, Secs. 101, 102, 104,
    added pars. (2) to (5) after par. (1) and renumbered existing
    paragraphs accordingly, which was executed by renumbering pars. (2)
    to (6) as (6) to (10), respectively, redesignated existing
    provisions of par. (7) as subpar. (A) and added subpars. (B) and
    (C), and added par. (11).
      Subsec. (e)(3). Pub. L. 101-596, Sec. 106, added par. (3).
      Subsec. (h). Pub. L. 101-596, Sec. 105, substituted "and 1990,
    and $25,000,000 for fiscal year 1991" for "1990, and 1991" in
    introductory provisions and inserted "or $3,300,000, whichever is
    the lesser," after "30 percent" in par. (3).
      1988 - Subsecs. (a)(1)(B), (2), (c)(1)(A), (6)(A), (D),
    (e)(2)(A), (f). Pub. L. 100-688 inserted ", as amended by the Water
    Quality Agreement of 1987 and any other agreements and amendments,"
    after "the Great Lakes Water Quality Agreement of 1978".
-TRANS-
                           TRANSFER OF FUNCTIONS
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.
-MISC2-
                FUNDS CONTRIBUTED BY A NON-FEDERAL SPONSOR
      Pub. L. 108-447, div. I, title III, Dec. 8, 2004, 118 Stat. 3332,
    provided in part that: "The Administrator [of the Environmental
    Protection Agency] may hereafter receive and use funds contributed
    by a non-Federal sponsor as its share of the cost of a project to
    carry out a project under paragraph (c)(12) of section 118 of the
    Federal Water Pollution Control Act [33 U.S.C. 1268(c)(12)], as
    amended."
        GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT REMEDIATION
      Pub. L. 101-640, title IV, Sec. 401, Nov. 28, 1990, 104 Stat.
    4644, as amended by Pub. L. 104-303, title V, Sec. 515, Oct. 12,
    1996, 110 Stat. 3763; Pub. L. 106-53, title V, Sec. 505, Aug. 17,
    1999, 113 Stat. 338; Pub. L. 106-541, title III, Sec. 344, Dec. 11,
    2000, 114 Stat. 2613, provided that:
      "(a) Great Lakes Remedial Action Plans. -
        "(1) In general. - The Secretary may provide technical,
      planning, and engineering assistance to State and local
      governments and nongovernmental entities designated by a State or
      local government in the development and implementation of
      remedial action plans for Areas of Concern in the Great Lakes
      identified under the Great Lakes Water Quality Agreement of 1978.
        "(2) Non-federal share. -
          "(A) In general. - Non-Federal interests shall contribute, in
        cash or by providing in-kind contributions, 35 percent of costs
        of activities for which assistance is provided under paragraph
        (1).
          "(B) Contributions by entities. - Nonprofit public or private
        entities may contribute all or a portion of the non-Federal
        share.
      "(b) Sediment Remediation Projects. -
        "(1) In general. - The Secretary, in consultation with the
      Administrator of the Environmental Protection Agency (acting
      through the Great Lakes National Program Office), may conduct
      pilot- and full-scale projects of promising technologies to
      remediate contaminated sediments in freshwater coastal regions in
      the Great Lakes basin. The Secretary shall conduct not fewer than
      3 full-scale projects under this subsection.
        "(2) Site selection for projects. - In selecting the sites for
      the technology projects, the Secretary shall give priority
      consideration to Saginaw Bay, Michigan, Sheboygan Harbor,
      Wisconsin, Grand Calumet River, Indiana, Ashtabula River, Ohio,
      Buffalo River, New York, and Duluth-Superior Harbor, Minnesota
      and Wisconsin.
        "(3) Non-federal share. - Non-Federal interests shall
      contribute 35 percent of costs of projects under this subsection.
      Such costs may be paid in cash or by providing in-kind
      contributions.
      "(c) Authorization of Appropriations. - There is authorized to be
    appropriated to the Secretary to carry out this section $10,000,000
    for each of fiscal years 2001 through 2006."
-EXEC-
     EX. ORD. NO. 13340. ESTABLISHMENT OF GREAT LAKES INTERAGENCY TASK
        FORCE AND PROMOTION OF A REGIONAL COLLABORATION OF NATIONAL
                     SIGNIFICANCE FOR THE GREAT LAKES
      Ex. Ord. No. 13340, May 18, 2004, 69 F.R. 29043, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and to help establish
    a regional collaboration of national significance for the Great
    Lakes, it is hereby ordered as follows:
      Section 1. Policy. The Great Lakes are a national treasure
    constituting the largest freshwater system in the world. The United
    States and Canada have made great progress addressing past and
    current environmental impacts to the Great Lakes ecology. The
    Federal Government is committed to making progress on the many
    significant challenges that remain. Along with numerous State,
    tribal, and local programs, over 140 Federal programs help fund and
    implement environmental restoration and management activities
    throughout the Great Lakes system. A number of intergovernmental
    bodies are providing leadership in the region to address
    environmental and resource management issues in the Great Lakes
    system. These activities would benefit substantially from more
    systematic collaboration and better integration of effort. It is
    the policy of the Federal Government to support local and regional
    efforts to address environmental challenges and to encourage local
    citizen and community stewardship. To this end, the Federal
    Government will partner with the Great Lakes States, tribal and
    local governments, communities, and other interests to establish a
    regional collaboration to address nationally significant
    environmental and natural resource issues involving the Great
    Lakes. It is the further policy of the Federal Government that its
    executive departments and agencies will ensure that their programs
    are funding effective, coordinated, and environmentally sound
    activities in the Great Lakes system.
      Sec. 2. Definitions. For purposes of this order:
      (a) "Great Lakes" means Lake Ontario, Lake Erie, Lake Huron
    (including Lake Saint Clair), Lake Michigan, and Lake Superior, and
    the connecting channels (Saint Marys River, Saint Clair River,
    Detroit River, Niagara River, and Saint Lawrence River to the
    Canadian Border).
      (b) "Great Lakes system" means all the streams, rivers, lakes,
    and other bodies of water within the drainage basin of the Great
    Lakes.
      Sec. 3. Great Lakes Interagency Task Force.
      (a) Task Force Purpose. To further the policy described in
    section 1 of this order, there is established, within the
    Environmental Protection Agency for administrative purposes, the
    "Great Lakes Interagency Task Force" (Task Force) to:
        (i) Help convene and establish a process for collaboration
      among the members of the Task Force and the members of the
      Working Group that is established in paragraph b(ii) of this
      section, with the Great Lakes States, local communities, tribes,
      regional bodies, and other interests in the Great Lakes region
      regarding policies, strategies, plans, programs, projects,
      activities, and priorities for the Great Lakes system.
        (ii) Collaborate with Canada and its provinces and with bi-
      national bodies involved in the Great Lakes region regarding
      policies, strategies, projects, and priorities for the Great
      Lakes system.
        (iii) Coordinate the development of consistent Federal
      policies, strategies, projects, and priorities for addressing the
      restoration and protection of the Great Lakes system and
      assisting in the appropriate management of the Great Lakes
      system.
        (iv) Develop outcome-based goals for the Great Lakes system
      relying upon, among other things, existing data and science-based
      indicators of water quality and related environmental factors.
      These goals shall focus on outcomes such as cleaner water,
      sustainable fisheries, and biodiversity of the Great Lakes system
      and ensure that Federal policies, strategies, projects, and
      priorities support measurable results.
        (v) Exchange information regarding policies, strategies,
      projects, and activities of the agencies represented on the Task
      Force related to the Great Lakes system.
        (vi) Work to coordinate government action associated with the
      Great Lakes system.
        (vii) Ensure coordinated Federal scientific and other research
      associated with the Great Lakes system.
        (viii) Ensure coordinated government development and
      implementation of the Great Lakes portion of the Global Earth
      Observation System of Systems.
        (ix) Provide assistance and support to agencies represented on
      the Task Force in their activities related to the Great Lakes
      system.
        (x) Submit a report to the President by May 31, 2005, and
      thereafter as appropriate, that summarizes the activities of the
      Task Force and provides any recommendations that would, in the
      judgment of the Task Force, advance the policy set forth in
      section 1 of this order.
      (b) Membership and Operation.
        (i) The Task Force shall consist exclusively of the following
      officers of the United States: the Administrator of the
      Environmental Protection Agency (who shall chair the Task Force),
      the Secretary of State, the Secretary of the Interior, the
      Secretary of Agriculture, the Secretary of Commerce, the
      Secretary of Housing and Urban Development, the Secretary of
      Transportation, the Secretary of Homeland Security, the Secretary
      of the Army, and the Chairman of the Council on Environmental
      Quality. A member of the Task Force may designate, to perform the
      Task Force functions of the member, any person who is part of the
      member's department, agency, or office and who is either an
      officer of the United States appointed by the President or a full-
      time employee serving in a position with pay equal to or greater
      than the minimum rate payable for GS-15 of the General Schedule.
      The Task Force shall report to the President through the Chairman
      of the Council on Environmental Quality.
        (ii) The Task Force shall establish a "Great Lakes Regional
      Working Group" (Working Group) composed of the appropriate
      regional administrator or director with programmatic
      responsibility for the Great Lakes system for each agency
      represented on the Task Force including: the Great Lakes National
      Program Office of the Environmental Protection Agency; the United
      States Fish and Wildlife Service, National Park Service, and
      United States Geological Survey within the Department of the
      Interior; the Natural Resources Conservation Service and the
      Forest Service of the Department of Agriculture; the National
      Oceanic and Atmospheric Administration of the Department of
      Commerce; the Department of Housing and Urban Development; the
      Department of Transportation; the Coast Guard within the
      Department of Homeland Security; and the Army Corps of Engineers
      within the Department of the Army. The Working Group will
      coordinate and make recommendations on how to implement the
      policies, strategies, projects, and priorities of the Task Force.
      (c) Management Principles for Regional Collaboration of National
    Significance. To further the policy described in section 1, the
    Task Force shall recognize and apply key principles and foster
    conditions to ensure successful collaboration. To that end, the
    Environmental Protection Agency will coordinate the development of
    a set of principles of successful collaboration.
      Sec. 4. Great Lakes National Program Office. The Great Lakes
    National Program Office of the Environmental Protection Agency
    shall assist the Task Force and the Working Group in the
    performance of their functions. The Great Lakes National Program
    Manager shall serve as chair of the Working Group.
      Sec. 5. Preservation of Authority. Nothing in this order shall be
    construed to impair or otherwise affect the functions of the
    Director of the Office of Management and Budget relating to budget,
    administrative, regulatory, and legislative proposals. Nothing in
    this order shall be construed to affect the statutory authority or
    obligations of any Federal agency or any bi-national agreement with
    Canada.
      Sec. 6. Judicial Review. This order is intended only to improve
    the internal management of the Federal Government and is not
    intended to, and does not, create any right, benefit, or trust
    responsibility, substantive or procedural, enforceable at law or in
    equity by a party against the United States, its departments,
    agencies, instrumentalities or entities, its officers or employees,
    or any other person.
                                                         George W. Bush.
-FOOTNOTE-
    (!1) So in original.
    (!2) So in original. Probably should be capitalized.
    (!3) So in original.
-End-
-CITE-
    33 USC Sec. 1269                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1269. Long Island Sound
-STATUTE-
    (a) Office of Management Conference of the Long Island Sound Study
      The Administrator shall continue the Management Conference of the
    Long Island Sound Study (hereinafter referred to as the
    "Conference") as established pursuant to section 1330 of this
    title, and shall establish an office (hereinafter referred to as
    the "Office") to be located on or near Long Island Sound.
    (b) Administration and staffing of Office
      The Office shall be headed by a Director, who shall be detailed
    by the Administrator, following consultation with the
    Administrators of EPA regions I and II, from among the employees of
    the Agency who are in civil service. The Administrator shall
    delegate to the Director such authority and detail such additional
    staff as may be necessary to carry out the duties of the Director
    under this section.
    (c) Duties of Office
      The Office shall assist the Management Conference of the Long
    Island Sound Study in carrying out its goals. Specifically, the
    Office shall -
        (1) assist and support the implementation of the Comprehensive
      Conservation and Management Plan for Long Island Sound developed
      pursuant to section 1330 of this title, including efforts to
      establish, within the process for granting watershed general
      permits, a system for promoting innovative methodologies and
      technologies that are cost-effective and consistent with the
      goals of the Plan;
        (2) conduct or commission studies deemed necessary for
      strengthened implementation of the Comprehensive Conservation and
      Management Plan including, but not limited to -
          (A) population growth and the adequacy of wastewater
        treatment facilities,
          (B) the use of biological methods for nutrient removal in
        sewage treatment plants,
          (C) contaminated sediments, and dredging activities,
          (D) nonpoint source pollution abatement and land use
        activities in the Long Island Sound watershed,
          (E) wetland protection and restoration,
          (F) atmospheric deposition of acidic and other pollutants
        into Long Island Sound,
          (G) water quality requirements to sustain fish, shellfish,
        and wildlife populations, and the use of indicator species to
        assess environmental quality,
          (H) State water quality programs, for their adequacy pursuant
        to implementation of the Comprehensive Conservation and
        Management Plan, and
          (I) options for long-term financing of wastewater treatment
        projects and water pollution control programs.
        (3) coordinate the grant, research and planning programs
      authorized under this section;
        (4) coordinate activities and implementation responsibilities
      with other Federal agencies which have jurisdiction over Long
      Island Sound and with national and regional marine monitoring and
      research programs established pursuant to the Marine Protection,
      Research, and Sanctuaries Act [16 U.S.C. 1431 et seq., 1447 et
      seq.; 33 U.S.C. 1401 et seq., 2801 et seq.];
        (5) provide administrative and technical support to the
      conference;
        (6) collect and make available to the public publications, and
      other forms of information the conference determines to be
      appropriate, relating to the environmental quality of Long Island
      Sound;
        (7) not more than two years after the date of the issuance of
      the final Comprehensive Conservation and Management Plan for Long
      Island Sound under section 1330 of this title, and biennially
      thereafter, issue a report to the Congress which -
          (A) summarizes the progress made by the States in
        implementing the Comprehensive Conservation and Management
        Plan;
          (B) summarizes any modifications to the Comprehensive
        Conservation and Management Plan in the twelve-month period
        immediately preceding such report; and
          (C) incorporates specific recommendations concerning the
        implementation of the Comprehensive Conservation and Management
        Plan; and
        (8) convene conferences and meetings for legislators from State
      governments and political subdivisions thereof for the purpose of
      making recommendations for coordinating legislative efforts to
      facilitate the environmental restoration of Long Island Sound and
      the implementation of the Comprehensive Conservation and
      Management Plan.
    (d) Grants
      (1) The Administrator is authorized to make grants for projects
    and studies which will help implement the Long Island Sound
    Comprehensive Conservation and Management Plan. Special emphasis
    shall be given to implementation, research and planning,
    enforcement, and citizen involvement and education.
      (2) State, interstate, and regional water pollution control
    agencies, and other public or nonprofit private agencies,
    institutions, and organizations held to be eligible for grants
    pursuant to this subsection.
      (3) Citizen involvement and citizen education grants under this
    subsection shall not exceed 95 per centum of the costs of such
    work. All other grants under this subsection shall not exceed 50
    per centum of the research, studies, or work. All grants shall be
    made on the condition that the non-Federal share of such costs are
    provided from non-Federal sources.
    (e) Assistance to distressed communities
      (1) Eligible communities
        For the purposes of this subsection, a distressed community is
      any community that meets affordability criteria established by
      the State in which the community is located, if such criteria are
      developed after public review and comment.
      (2) Priority
        In making assistance available under this section for the
      upgrading of wastewater treatment facilities, the Administrator
      may give priority to a distressed community.
    (f) Authorizations
      (1) There is authorized to be appropriated to the Administrator
    for the implementation of this section, other than subsection (d)
    of this section, such sums as may be necessary for each of the
    fiscal years 2001 through 2010.
      (2) There is authorized to be appropriated to the Administrator
    for the implementation of subsection (d) of this section not to
    exceed $40,000,000 for each of fiscal years 2001 through 2010.
-SOURCE-
    (June 30, 1948, ch. 758, title I, Sec. 119, as added Pub. L. 101-
    596, title II, Sec. 202, Nov. 16, 1990, 104 Stat. 3004; amended
    Pub. L. 104-303, title V, Sec. 583, Oct. 12, 1996, 110 Stat. 3791;
    Pub. L. 106-457, title IV, Secs. 402 - 404, Nov. 7, 2000, 114 Stat.
    1973; Pub. L. 109-137, Sec. 1, Dec. 22, 2005, 119 Stat. 2646.)
-REFTEXT-
                            REFERENCES IN TEXT
      The Marine Protection, Research, and Sanctuaries Act, referred to
    in subsec. (c)(4), probably means the Marine Protection, Research,
    and Sanctuaries Act of 1972, Pub. L. 92-532, Oct. 23, 1972, 86
    Stat. 1052, as amended, which is classified generally to chapters
    32 (Sec. 1431 et seq.) and 32A (Sec. 1447 et seq.) of Title 16,
    Conservation, and chapters 27 (Sec. 1401 et seq.) and 41 (Sec. 2801
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 1401 of this
    title and Tables.
-MISC1-
                                AMENDMENTS
      2005 - Subsec. (f). Pub. L. 109-137 substituted "2010" for "2005"
    in pars. (1) and (2).
      2000 - Subsec. (c)(1). Pub. L. 106-457, Sec. 402, inserted before
    semicolon at end ", including efforts to establish, within the
    process for granting watershed general permits, a system for
    promoting innovative methodologies and technologies that are cost-
    effective and consistent with the goals of the Plan".
      Subsec. (e). Pub. L. 106-457, Sec. 403(2), added subsec. (e).
    Former subsec. (e) redesignated (f).
      Subsec. (f). Pub. L. 106-457, Secs. 403(1), 404, redesignated
    subsec. (e) as (f) and substituted "2001 through 2005" for "1991
    through 2001" in par. (1) and "not to exceed $40,000,000 for each
    of fiscal years 2001 through 2005" for "not to exceed $3,000,000
    for each of the fiscal years 1991 through 2001" in par. (2).
      1996 - Subsec. (e). Pub. L. 104-303 substituted "2001" for "1996"
    in pars. (1) and (2).
                       LONG ISLAND SOUND STEWARDSHIP
      Pub. L. 109-359, Oct. 16, 2006, 120 Stat. 2049, provided that:
      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Long Island Sound Stewardship Act
    of 2006'.
      "SEC. 2. FINDINGS AND PURPOSE.
      "(a) Findings. - Congress finds that -
        "(1) Long Island Sound is a national treasure of great
      cultural, environmental, and ecological importance;
        "(2) 8,000,000 people live within the Long Island Sound
      watershed and 28,000,000 people (approximately 10 percent of the
      population of the United States) live within 50 miles of Long
      Island Sound;
        "(3) activities that depend on the environmental health of Long
      Island Sound contribute more than $5,000,000,000 each year to the
      regional economy;
        "(4) the portion of the shoreline of Long Island Sound that is
      accessible to the general public (estimated at less than 20
      percent of the total shoreline) is not adequate to serve the
      needs of the people living in the area;
        "(5) existing shoreline facilities are in many cases
      overburdened and underfunded;
        "(6) large parcels of open space already in public ownership
      are strained by the effort to balance the demand for recreation
      with the needs of sensitive natural resources;
        "(7) approximately 1/3 of the tidal marshes of Long Island
      Sound have been filled, and much of the remaining marshes have
      been ditched, diked, or impounded, reducing the ecological value
      of the marshes; and
        "(8) much of the remaining exemplary natural landscape is
      vulnerable to further development.
      "(b) Purpose. - The purpose of this Act is to establish the Long
    Island Sound Stewardship Initiative to identify, protect, and
    enhance upland sites within the Long Island Sound ecosystem with
    significant ecological, educational, open space, public access, or
    recreational value through a bi-State network of sites best
    exemplifying these values.
      "SEC. 3. DEFINITIONS.
      "In this Act, the following definitions apply:
        "(1) Administrator. - The term 'Administrator' means the
      Administrator of the Environmental Protection Agency.
        "(2) Advisory committee. - The term 'Advisory Committee' means
      the Long Island Sound Stewardship Advisory Committee established
      by section 8.
        "(3) Region. - The term 'Region' means the Long Island Sound
      Stewardship Initiative Region established by section 4(a).
        "(4) State. - The term 'State' means each of the States of
      Connecticut and New York.
        "(5) Stewardship. - The term 'stewardship' means land
      acquisition, land conservation agreements, site planning, plan
      implementation, land and habitat management, public access
      improvements, site monitoring, and other activities designed to
      enhance and preserve natural resource-based recreation and
      ecological function of upland areas.
        "(6) Stewardship site. - The term 'stewardship site' means any
      area of State, local, or tribal government, or privately owned
      land within the Region that is designated by the Administrator
      under section 5(a).
        "(7) Systematic site selection. - The term 'systematic site
      selection' means a process of selecting stewardship sites that -
          "(A) has explicit goals, methods, and criteria;
          "(B) produces feasible, repeatable, and defensible results;
          "(C) provides for consideration of natural, physical, and
        biological patterns;
          "(D) addresses replication, connectivity, species viability,
        location, and public recreation values;
          "(E) uses geographic information systems technology and
        algorithms to integrate selection criteria; and
          "(F) will result in achieving the goals of stewardship site
        selection at the lowest cost.
        "(8) Qualified applicants. - The term 'qualified applicant'
      means a non-Federal person that owns title to property located
      within the borders of the Region.
        "(9) Threat. - The term 'threat' means a threat that is likely
      to destroy or seriously degrade a conservation target or a
      recreation area.
      "SEC. 4. LONG ISLAND SOUND STEWARDSHIP INITIATIVE REGION.
      "(a) Establishment. - There is established in the States of
    Connecticut and New York the Long Island Sound Stewardship
    Initiative Region.
      "(b) Boundaries. - The Region consists of the immediate coastal
    upland areas along -
        "(1) Long Island Sound between mean high water and the inland
      boundary, as described on the map entitled 'Long Island Sound
      Stewardship Region' and dated April 21, 2004; and
        "(2) the Peconic Estuary as described on the map entitled
      'Peconic Estuary Program Study Area Boundaries' and included in
      the Comprehensive Conservation and Management Plan for the
      Peconic Estuary Program and dated November 15, 2001.
      "SEC. 5. DESIGNATION OF STEWARDSHIP SITES.
      "(a) In General. - The Administrator may designate a stewardship
    site in accordance with this Act any area that contributes to
    accomplishing the purpose of this Act.
      "(b) Publication of List of Recommended Sites. - The
    Administrator shall -
        "(1) publish in the Federal Register and make available in
      general circulation in the States of Connecticut and New York the
      list of sites recommended by the Advisory Committee; and
        "(2) provide a 90-day period for -
          "(A) the submission of public comment on the list; and
          "(B) an opportunity for owners of such sites to decline
        designation of such sites as stewardship sites.
      "(c) Opinion Regarding Owner's Responsibilities. - The
    Administrator may not designate an area as a stewardship site under
    this Act unless the Administrator provides to the owner of the
    area, and the owner acknowledges to the Administrator receipt of, a
    comprehensive opinion in plain English setting forth expressly the
    responsibility of the owner that arises from such designation.
      "(d) Designation of Stewardship Sites. - Not later than 150 days
    after receiving from the Advisory Committee its list of recommended
    sites, the Administrator -
        "(1) shall review the recommendations of the Advisory
      Committee; and
        "(2) may designate as a stewardship site any site included in
      the list.
      "SEC. 6. RECOMMENDATIONS BY ADVISORY COMMITTEE.
      "(a) In General. - The Advisory Committee shall -
        "(1) in accordance with this section, evaluate applications -
          "(A) for designation of areas as stewardship sites;
          "(B) to develop management plans to address threats to
        stewardship sites; and
          "(C) to act on opportunities to protect and enhance
        stewardship sites;
        "(2) develop recommended guidelines, criteria, schedules, and
      due dates for the submission of applications and the evaluation
      by the Advisory Committee of information to recommend areas for
      designation as stewardship sites that fulfill terms of a multi-
      year management plan;
        "(3) recommend to the Administrator a list of sites for
      designation as stewardship sites that further the purpose of this
      Act;
        "(4) develop management plans to address threats to stewardship
      sites;
        "(5) raise awareness of the values of and threats to
      stewardship sites;
        "(6) recommend that the Administrator award grants to qualified
      applicants; and
        "(7) recommend to the Administrator ways to leverage additional
      resources for improved stewardship of the Region.
      "(b) Identification of Sites. -
        "(1) In general. - Any qualified applicant may submit an
      application to the Advisory Committee to have a site recommended
      to the Administrator for designation as a stewardship site.
        "(2) Identification. - The Advisory Committee shall review each
      application submitted under this subsection to determine whether
      the site exhibits values that promote the purpose of this Act.
        "(3) Natural resource-based recreation areas. - In reviewing an
      application for recommendation of a recreation area for
      designation as a stewardship site, the Advisory Committee may use
      a selection technique that includes consideration of -
          "(A) public access;
          "(B) community support;
          "(C) high population density;
          "(D) environmental justice (as defined in section 385.3 of
        title 33, Code of Federal Regulations (or successor
        regulations));
          "(E) open spaces; and
          "(F) cultural, historic, and scenic characteristics.
        "(4) Natural areas with ecological value. - In reviewing an
      application for recommendation of a natural area with ecological
      value for designation as a stewardship site, the Advisory
      Committee may use a selection technique that includes
      consideration of -
          "(A) measurable conservation targets for the Region; and
          "(B) prioritizing new sites using systematic site selection,
        which shall include consideration of -
            "(i) ecological uniqueness;
            "(ii) species viability;
            "(iii) habitat heterogeneity;
            "(iv) size;
            "(v) quality;
            "(vi) open spaces;
            "(vii) land cover;
            "(viii) scientific, research, or educational value; and
            "(ix) threats.
        "(5) Deviation from process. - The Advisory Committee may
      accept an application to recommend a site other than as provided
      in this subsection, if the Advisory Committee -
          "(A) determines that the site makes significant ecological or
        recreational contributions to the Region; and
          "(B) provides to the Administrator the reasons for deviating
        from the process otherwise described in this subsection.
      "(c) Submission of List of Recommended Sites. -
        "(1) In general. - After completion of the site identification
      process set forth in subsection (b), the Advisory Committee shall
      submit to the Administrator its list of sites recommended for
      designation as stewardship sites.
        "(2) Limitation. - The Advisory Committee shall not include a
      site in the list submitted under this subsection unless, prior to
      submission of the list, the owner of the site is -
          "(A) notified of the inclusion of the site in the list; and
          "(B) allowed to decline inclusion of the site in the list.
        "(3) Public comment. - In identifying sites for inclusion in
      the list, the Advisory Committee shall provide an opportunity for
      submission of, and consider, public comments.
      "SEC. 7. GRANTS AND ASSISTANCE.
      "(a) In General. - The Administrator may provide grants, subject
    to the availability of appropriations, and other assistance for
    projects to fulfill the purpose of this Act.
      "(b) Federal Share. - The Federal share of the cost of an
    activity carried out using any assistance or grant under this Act
    shall not exceed 60 percent of the total cost of the activity.
      "SEC. 8. LONG ISLAND SOUND STEWARDSHIP ADVISORY COMMITTEE.
      "(a) Establishment. - There is established a committee to be
    known as the 'Long Island Sound Stewardship Advisory Committee'.
      "(b) Membership. -
        "(1) In general. - The Administrator may appoint the members of
      the Advisory Committee in accordance with this subsection and the
      guidance in section 320(c) of the Federal Water Pollution Control
      Act (33 U.S.C. 1330(c)), except that the Governor of each State
      may appoint 2 members of the Advisory Committee.
        "(2) Additional members. - In addition to the other members
      appointed under this subsection, the Advisory Committee may
      include -
          "(A) a representative of the Regional Plan Association;
          "(B) a representative of marine trade organizations; and
          "(C) a representative of private landowner interests.
        "(3) Consideration of interests. - In appointing members of the
      Advisory Committee, the Administrator shall consider -
          "(A) Federal, State, and local government interests and
        tribal interests;
          "(B) the interests of nongovernmental organizations;
          "(C) academic interests;
          "(D) private interests including land, agriculture, and
        business interests; and
          "(E) recreational and commercial fishing interests.
        "(4) Chairperson. - In addition to the other members appointed
      under this subsection, the Administrator may appoint as a member
      of the Advisory Committee an individual to serve as the
      Chairperson, who may be the Director of the Long Island Sound
      Office of the Environmental Protection Agency.
        "(5) Completion of appointments. - The Administrator shall
      complete the appointment of all members of the Advisory Committee
      by not later than 180 days after the date of enactment of this
      Act [Oct. 16, 2006].
          "(A) [sic] Vacancies. - A vacancy on the Advisory Committee -
            "(i) shall be filled not later than 90 days after the
          vacancy occurs;
            "(ii) shall not affect the powers of the Advisory
          Committee; and
            "(iii) shall be filled in the same manner as the original
          appointment was made.
      "(c) Term. -
        "(1) In general. - A member of the Advisory Committee shall be
      appointed for a term of 4 years.
        "(2) Multiple terms. - An individual may be appointed as a
      member of the Advisory Committee for more than 1 term.
      "(d) Powers. - The Advisory Committee may hold such hearings,
    meet and act at such times and places, take such testimony, and
    receive such evidence as the Advisory Committee considers advisable
    to carry out this Act.
      "(e) Meetings. -
        "(1) In general. - The Advisory Committee shall meet at the
      call of the Chairperson, but no fewer than 4 times each year.
        "(2) Initial meeting. - Not later than 30 days after the date
      on which all members of the Advisory Committee have been
      appointed, the Chairperson shall call the initial meeting of the
      Advisory Committee.
        "(3) Quorum. - A majority of the members of the Advisory
      Committee shall constitute a quorum, but a lesser number of
      members may hold hearings.
      "(f) Adaptive Management. -
        "(1) In general. - The Advisory Committee shall use an adaptive
      management framework to identify the best policy initiatives and
      actions through -
          "(A) definition of strategic goals;
          "(B) definition of policy options for methods to achieve
        strategic goals;
          "(C) establishment of measures of success;
          "(D) identification of uncertainties;
          "(E) development of informative models of policy
        implementation;
          "(F) separation of the landscape into geographic units;
          "(G) monitoring key responses at different spatial and
        temporal scales; and
          "(H) evaluation of outcomes and incorporation into management
        strategies.
        "(2) Application of adaptive management framework. - The
      Advisory Committee shall apply the adaptive management framework
      to the process for making recommendations under subsections (b)
      through (f) of section 6 to the Administrator regarding sites
      that should be designated as stewardship sites.
        "(3) Adaptive management. - The adaptive management framework
      required by this subsection shall consist of a scientific process
      -
          "(A) for -
            "(i) developing predictive models;
            "(ii) making management policy decisions based upon the
          model outputs;
            "(iii) revising the management policies as data become
          available with which to evaluate the policies; and
            "(iv) acknowledging uncertainty, complexity, and variance
          in the spatial and temporal aspects of natural systems; and
          "(B) that requires that management be viewed as experimental.
      "(g) Termination of Advisory Committee. - The Advisory Committee
    shall terminate on December 31, 2011.
      "SEC. 9. REPORTS.
      "(a) Administrator. - The Administrator shall publish and make
    available to the public on the Internet and in paper form -
        "(1) not later than 1 year after the date of enactment of this
      Act [Oct. 16, 2006], a report that -
          "(A) assesses the role of this Act in protecting the Long
        Island Sound;
          "(B) establishes in coordination with the Advisory Committee
        guidelines, criteria, schedules, and due dates for evaluating
        information to designate stewardship sites;
          "(C) includes information about any grants that are available
        for the purchase of land or property rights to protect
        stewardship sites; and
          "(D) accounts for funds received and expended during the
        previous fiscal year;
        "(2) an update of such report, at least every other year; and
        "(3) information on funding and any new stewardship sites more
      frequently than every other year.
      "(b) Advisory Committee. -
        "(1) Report. - For each of fiscal years 2007 through 2011, the
      Advisory Committee shall submit to the Administrator and the
      decisionmaking body of the Long Island Sound Study Management
      Conference established under section 320 of the Federal Water
      Pollution Control Act (33 U.S.C. 1330), an annual report that
      contains -
          "(A) a detailed statement of the findings and conclusions of
        the Advisory Committee since the last report under this
        subsection;
          "(B) a description of all sites recommended by the Advisory
        Committee to the Administrator for designation as stewardship
        sites;
          "(C) the recommendations of the Advisory Committee for such
        legislation and administrative actions as the Advisory
        Committee considers appropriate; and
          "(D) in accordance with paragraph (2), the recommendations of
        the Advisory Committee for the awarding of grants.
        "(2) Recommendation for grants. -
          "(A) In general. - The Advisory Committee shall recommend
        that the Administrator award grants to qualified applicants to
        help to secure and improve the open space, public access, or
        ecological values of stewardship sites, through -
            "(i) purchase of the property of a stewardship site;
            "(ii) purchase of relevant property rights to a stewardship
          site; or
            "(iii) entering into any other binding legal arrangement
          that ensures that the values of a stewardship site are
          sustained, including entering into an arrangement with a land
          manager or property owner to develop or implement a
          management plan that is necessary for the conservation of
          natural resources.
          "(B) Equitable distribution of funds. - The Advisory
        Committee shall exert due diligence to ensure that its
        recommendations result in an equitable distribution of funds
        between the States.
      "SEC. 10. PRIVATE PROPERTY PROTECTION; NO REGULATORY AUTHORITY.
      "(a) Access to Private Property. - Nothing in this Act -
        "(1) requires any private property owner to allow public access
      (including Federal, State, or local government access) to the
      private property; or
        "(2) modifies the application of any provision of Federal,
      State, or local law with regard to public access to or use of
      private property, except as entered into by voluntary agreement
      of the owner or custodian of the property.
      "(b) Liability. - Establishment of the Region does not create any
    liability, or have any effect on any liability under any other law,
    of any private property owner with respect to any person injured on
    the private property.
      "(c) Recognition of Authority to Control Land Use. - Nothing in
    this Act modifies the authority of Federal, State, or local
    governments to regulate land use.
      "(d) Participation of Private Property Owners Not Required. -
    Nothing in this Act requires the owner of any private property
    located within the boundaries of the Region to participate in any
    land conservation, financial or technical assistance, or other
    programs established under this Act.
      "(e) Purchase of Land or Interest in Land From Willing Sellers
    Only. - Funds appropriated to carry out this Act may be used to
    purchase land or interests in land only from willing sellers.
      "(f) Manner of Acquisition. - All acquisitions of land under this
    Act shall be made in a voluntary manner and shall not be the result
    of forced takings.
      "(g) Effect of Establishment. -
        "(1) In general. - The boundaries of the Region represent the
      area within which Federal funds appropriated for the purpose of
      this Act may be expended.
        "(2) Regulatory authority. - The establishment of the Region
      and the boundaries of the Region do not provide any regulatory
      authority not in existence immediately before the enactment of
      this Act [Oct. 16, 2006] on land use in the Region by any
      management entity, except for such property rights as may be
      purchased from or donated by the owner of the property (including
      public lands donated by a State or local government).
      "SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
      "(a) In General. - There is authorized to be appropriated to the
    Administrator $25,000,000 for each of fiscal years 2007 through
    2011 to carry out this Act, including for -
        "(1) acquisition of land and interests in land;
        "(2) development and implementation of site management plans;
        "(3) site enhancements to reduce threats or promote
      stewardship; and
        "(4) administrative expenses of the Advisory Committee and the
      Administrator.
      "(b) Use of Funds. - Amounts made available to the Administrator
    under this section each fiscal year shall be used by the
    Administrator after reviewing the recommendations included in the
    annual reports of the Advisory Committee under section 9.
      "(c) Authorization of Gifts, Devises, and Bequests for System. -
    In furtherance of the purpose of this Act, the Administrator may
    accept and use any gift, devise, or bequest of real or personal
    property, proceeds therefrom, or interests therein, to carry out
    this Act. Such acceptance may be subject to the terms of any
    restrictive or affirmative covenant, or condition of servitude, if
    such terms are considered by the Administrator to be in accordance
    with law and compatible with the purpose for which acceptance is
    sought.
      "(d) Limitation on Administrative Costs. - Of the amount
    available each fiscal year to carry out this Act, not more than 8
    percent may be used for administrative costs."
-End-
-CITE-
    33 USC Sec. 1270                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1270. Lake Champlain Basin Program
-STATUTE-
    (a) Establishment
      (1) In general
        There is established a Lake Champlain Management Conference to
      develop a comprehensive pollution prevention, control, and
      restoration plan for Lake Champlain. The Administrator shall
      convene the management conference within ninety days of November
      16, 1990.
      (2) Implementation
        The Administrator -
          (A) may provide support to the State of Vermont, the State of
        New York, and the New England Interstate Water Pollution
        Control Commission for the implementation of the Lake Champlain
        Basin Program; and
          (B) shall coordinate actions of the Environmental Protection
        Agency under subparagraph (A) with the actions of other
        appropriate Federal agencies.
    (b) Membership
      The Members of the Management Conference shall be comprised of -
        (1) the Governors of the States of Vermont and New York;
        (2) each interested Federal agency, not to exceed a total of
      five members;
        (3) the Vermont and New York Chairpersons of the Vermont, New
      York, Quebec Citizens Advisory Committee for the Environmental
      Management of Lake Champlain;
        (4) four representatives of the State legislature of Vermont;
        (5) four representatives of the State legislature of New York;
        (6) six persons representing local governments having
      jurisdiction over any land or water within the Lake Champlain
      basin, as determined appropriate by the Governors; and
        (7) eight persons representing affected industries,
      nongovernmental organizations, public and private educational
      institutions, and the general public, as determined appropriate
      by the trigovernmental Citizens Advisory Committee for the
      Environmental Management of Lake Champlain, but not to be current
      members of the Citizens Advisory Committee.
    (c) Technical Advisory Committee
      (1) The Management Conference shall, not later than one hundred
    and twenty days after November 16, 1990, appoint a Technical
    Advisory Committee.
      (2) Such Technical Advisory Committee shall consist of officials
    of: appropriate departments and agencies of the Federal Government;
    the State governments of New York and Vermont; and governments of
    political subdivisions of such States; and public and private
    research institutions.
    (d) Research program
      The Management Conference shall establish a multi-disciplinary
    environmental research program for Lake Champlain. Such research
    program shall be planned and conducted jointly with the Lake
    Champlain Research Consortium.
    (e) Pollution prevention, control, and restoration plan
      (1) Not later than three years after November 16, 1990, the
    Management Conference shall publish a pollution prevention,
    control, and restoration plan for Lake Champlain.
      (2) The Plan developed pursuant to this section shall -
        (A) identify corrective actions and compliance schedules
      addressing point and nonpoint sources of pollution necessary to
      restore and maintain the chemical, physical, and biological
      integrity of water quality, a balanced, indigenous population of
      shellfish, fish and wildlife, recreational, and economic
      activities in and on the lake;
        (B) incorporate environmental management concepts and programs
      established in State and Federal plans and programs in effect at
      the time of the development of such plan;
        (C) clarify the duties of Federal and State agencies in
      pollution prevention and control activities, and to the extent
      allowable by law, suggest a timetable for adoption by the
      appropriate Federal and State agencies to accomplish such duties
      within a reasonable period of time;
        (D) describe the methods and schedules for funding of programs,
      activities, and projects identified in the Plan, including the
      use of Federal funds and other sources of funds;
        (E) include a strategy for pollution prevention and control
      that includes the promotion of pollution prevention and
      management practices to reduce the amount of pollution generated
      in the Lake Champlain basin; and
        (F) be reviewed and revised, as necessary, at least once every
      5 years, in consultation with the Administrator and other
      appropriate Federal agencies.
      (3) The Administrator, in cooperation with the Management
    Conference, shall provide for public review and comment on the
    draft Plan. At a minimum, the Management Conference shall conduct
    one public meeting to hear comments on the draft plan in the State
    of New York and one such meeting in the State of Vermont.
      (4) Not less than one hundred and twenty days after the
    publication of the Plan required pursuant to this section, the
    Administrator shall approve such plan if the plan meets the
    requirements of this section and the Governors of the States of New
    York and Vermont concur.
      (5) Upon approval of the plan, such plan shall be deemed to be an
    approved management program for the purposes of section 1329(h) of
    this title and such plan shall be deemed to be an approved
    comprehensive conservation and management plan pursuant to section
    1330 of this title.
    (f) Grant assistance
      (1) The Administrator may, in consultation with participants in
    the Lake Champlain Basin Program, make grants to State, interstate,
    and regional water pollution control agencies, and public or
    nonprofit agencies, institutions, and organizations.
      (2) Grants under this subsection shall be made for assisting
    research, surveys, studies, and modeling and technical and
    supporting work necessary for the development and implementation of
    the Plan.
      (3) The amount of grants to any person under this subsection for
    a fiscal year shall not exceed 75 per centum of the costs of such
    research, survey, study and work and shall be made available on the
    condition that non-Federal share of such costs are provided from
    non-Federal sources.
      (4) The Administrator may establish such requirements for the
    administration of grants as he determines to be appropriate.
    (g) Definitions
      In this section:
      (1) Lake Champlain Basin Program
        The term "Lake Champlain Basin Program" means the coordinated
      efforts among the Federal Government, State governments, and
      local governments to implement the Plan.
      (2) Lake Champlain drainage basin
        The term "Lake Champlain drainage basin" means all or part of
      Clinton, Franklin, Hamilton, Warren, Essex, and Washington
      counties in the State of New York and all or part of Franklin,
      Grand Isle, Chittenden, Addison, Rutland, Bennington, Lamoille,
      Orange, Washington, Orleans, and Caledonia counties in Vermont,
      that contain all of the streams, rivers, lakes, and other bodies
      of water, including wetlands, that drain into Lake Champlain.
      (3) Plan
        The term "Plan" means the plan developed under subsection (e)
      of this section.
    (h) No effect on certain authority
      Nothing in this section -
        (1) affects the jurisdiction or powers of -
          (A) any department or agency of the Federal Government or any
        State government; or
          (B) any international organization or entity related to Lake
        Champlain created by treaty or memorandum to which the United
        States is a signatory;
        (2) provides new regulatory authority for the Environmental
      Protection Agency; or
        (3) affects section 304 of the Great Lakes Critical Programs
      Act of 1990 (Public Law 101-596; 33 U.S.C. 1270 note).
    (i) Authorization
      There are authorized to be appropriated to the Environmental
    Protection Agency to carry out this section -
        (1) $2,000,000 for each of fiscal years 1991, 1992, 1993, 1994,
      and 1995;
        (2) such sums as are necessary for each of fiscal years 1996
      through 2003; and
        (3) $11,000,000 for each of fiscal years 2004 through 2008.
-SOURCE-
    (June 30, 1948, ch. 758, title I, Sec. 120, as added Pub. L. 101-
    596, title III, Sec. 303, Nov. 16, 1990, 104 Stat. 3006; amended
    Pub. L. 107-303, title II, Sec. 202, Nov. 27, 2002, 116 Stat.
    2358.)
-MISC1-
                                AMENDMENTS
      2002 - Pub. L. 107-303, Sec. 202(1), substituted "Lake Champlain
    Basin Program" for "Lake Champlain Management Conference" in
    section catchline.
      Subsec. (a). Pub. L. 107-303, Sec. 202(1), (2), designated
    existing provisions as par. (1), inserted heading, and added par.
    (2).
      Subsec. (d). Pub. L. 107-303, Sec. 202(3), struck out par. (1)
    designation before "The Management".
      Subsec. (e)(1). Pub. L. 107-303, Sec. 202(4)(A), struck out
    "(hereafter in this section referred to as the 'Plan')" after
    "restoration plan".
      Subsec. (e)(2)(F). Pub. L. 107-303, Sec. 202(4)(B), added subpar.
    (F).
      Subsec. (f)(1). Pub. L. 107-303, Sec. 202(5)(A), substituted
    "participants in the Lake Champlain Basin Program," for "the
    Management Conference,".
      Subsec. (f)(2). Pub. L. 107-303, Sec. 202(5)(B), substituted
    "development and implementation of the Plan" for "development of
    the Plan and for retaining expert consultants in support of
    litigation undertaken by the State of New York and the State of
    Vermont to compel cleanup or obtain cleanup damage costs from
    persons responsible for pollution of Lake Champlain".
      Subsec. (g). Pub. L. 107-303, Sec. 202(6)(A), substituted
    "Definitions" for " 'Lake Champlain drainage basin' defined" in
    subsec. heading, inserted introductory provisions, added par. (1),
    inserted par. (2) designation and heading after par. (1) and
    inserted "The term" before " 'Lake Champlain drainage".
      Subsec. (g)(2). Pub. L. 107-303, Sec. 202(6)(B), inserted
    "Hamilton," after "Franklin," and "Bennington," after "Rutland,".
      Subsec. (g)(3). Pub. L. 107-303, Sec. 202(6)(C), added par. (3).
      Subsec. (h). Pub. L. 107-303, Sec. 202(7), added subsec. (h) and
    struck out heading and text of former subsec. (h). Text read as
    follows: "Nothing in this section shall be construed so as to
    affect the jurisdiction or powers of -
        "(1) any department or agency of the Federal Government or any
      State government; or
        "(2) any international organization or entity related to Lake
      Champlain created by treaty or memorandum to which the United
      States is a signatory."
      Subsec. (i). Pub. L. 107-303, Sec. 202(8), substituted "section -
    " for "section $2,000,000", inserted "(1) $2,000,000" before "for
    each of fiscal years 1991,", substituted "1995;" for "1995.", and
    added pars. (2) and (3).
                       FEDERAL PROGRAM COORDINATION
      Section 304 of Pub. L. 101-596, as amended by Pub. L. 104-127,
    title III, Sec. 336(a)(2)(F), Apr. 4, 1996, 110 Stat. 1005,
    provided that:
      "(a) Designation of Lake Champlain as a Priority Area Under the
    Environmental Quality Incentives Program. -
        "(1) In general. - Notwithstanding any other provision of law,
      the Lake Champlain basin, as defined under section 120(h) of the
      Federal Water Pollution Control Act [33 U.S.C. 1270(h)], shall be
      designated by the Secretary of Agriculture as a priority area
      under the environmental quality incentives program established
      under chapter 4 of subtitle D of title XII of the Food Security
      Act of 1985 [16 U.S.C. 3839aa et seq.].
        "(2) Technical assistance reimbursement. - To carry out the
      purposes of this subsection, the technical assistance
      reimbursement from the Agricultural Stabilization and
      Conservation Service authorized under the Soil Conservation and
      Domestic Allotment Act [16 U.S.C. 590a et seq.], shall be
      increased from 5 per centum to 10 per centum.
        "(3) Comprehensive agricultural monitoring. - The Secretary, in
      consultation with the Management Conference and appropriate State
      and Federal agencies, shall develop a comprehensive agricultural
      monitoring and evaluation network for all major drainages within
      the Lake Champlain basin.
        "(4) Allocation of funds. - In allocating funds under this
      subsection, the Secretary of Agriculture shall consult with the
      Management Conference established under section 120 of the
      Federal Water Pollution Control Act and to the extent allowable
      by law, allocate funds to those agricultural enterprises located
      at sites that the Management Conference determines to be priority
      sites, on the basis of a concern for ensuring implementation of
      nonpoint source pollution controls throughout the Lake Champlain
      basin.
      "(b) Cooperation of the United States Geological Survey of the
    Department of the Interior. - For the purpose of enhancing and
    expanding basic data collection and monitoring in operation in the
    Lake Champlain basin, as defined under section 120 of the Federal
    Water Pollution Control Act [33 U.S.C. 1270], the Secretary of the
    Interior, acting through the heads of water resources divisions of
    the New York and New England districts of the United States
    Geological Survey, shall -
        "(1) in cooperation with appropriate universities and private
      research institutions, and the appropriate officials of the
      appropriate departments and agencies of the States of New York
      and Vermont, develop an integrated geographic information system
      of the Lake Champlain basin;
        "(2) convert all partial recording sites in the Lake Champlain
      basin to continuous monitoring stations with full gauging
      capabilities and status; and
        "(3) establish such additional continuous monitoring station
      sites in the Lake Champlain basin as are necessary to carry out
      basic data collection and monitoring, as defined by the Secretary
      of the Interior, including groundwater mapping, and water quality
      and sediment data collection.
      "(c) Cooperation of the United States Fish and Wildlife Service
    of the Department of the Interior. -
        "(1) Resource conservation program. - The Secretary of the
      Interior, acting through the United States Fish and Wildlife
      Service, in cooperation with the Lake Champlain Fish and Wildlife
      Management Cooperative and the Management Conference established
      pursuant to this subsection shall -
          "(A) establish and implement a fisheries resources
        restoration, development and conservation program, including
        dedicating a level of hatchery production within the Lake
        Champlain basin at or above the level that existed immediately
        preceding the date of enactment of this Act [Nov. 16, 1990];
        and
          "(B) conduct a wildlife species and habitat assessment survey
        in the Lake Champlain basin, including -
            "(i) a survey of Federal threatened and endangered species,
          listed or proposed for listing under the Endangered Species
          Act of 1973 (16 U.S.C. 1531 et seq.), New York State and
          State of Vermont threatened and endangered species and other
          species of special concern, migratory nongame species of
          management concern, and national resources plan species;
            "(ii) a survey of wildlife habitats such as islands,
          wetlands, and riparian areas; and
            "(iii) a survey of migratory bird populations breeding,
          migrating and wintering within the Lake Champlain basin.
        "(2) To accomplish the purposes of paragraph (1), the Director
      of the United States Fish and Wildlife Service is authorized to
      carry out activities related to -
          "(A) controlling sea lampreys and other nonindigenous aquatic
        animal nuisances;
          "(B) improving the health of fishery resources;
          "(C) conducting investigations about and assessing the status
        of fishery resources, and disseminating that information to all
        interested parties; and
          "(D) conducting and periodically updating a survey of the
        fishery resources and their habitats and food chains in the
        Lake Champlain basin.
      "(d) Authorizations. - (1) There is authorized to be appropriated
    to the Department of Agriculture $2,000,000 for each of fiscal
    years 1991, 1992, 1993, 1994, and 1995 to carry out subsection (a)
    of this section.
      "(2) There is authorized to be appropriated to the Department of
    [the] Interior $1,000,000 for each of fiscal years 1991, 1992,
    1993, 1994, and 1995 to carry out subsections (b) and (c) of this
    section."
-End-
-CITE-
    33 USC Sec. 1271                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1271. Sediment survey and monitoring
-STATUTE-
    (a) Survey
      (1) In general
        The Administrator, in consultation with the Administrator of
      the National Oceanic and Atmospheric Administration and the
      Secretary, shall conduct a comprehensive national survey of data
      regarding aquatic sediment quality in the United States. The
      Administrator shall compile all existing information on the
      quantity, chemical and physical composition, and geographic
      location of pollutants in aquatic sediment, including the
      probable source of such pollutants and identification of those
      sediments which are contaminated pursuant to section
      501(b)(4).(!1)
      (2) Report
        Not later than 24 months after October 31, 1992, the
      Administrator shall report to the Congress the findings,
      conclusions, and recommendations of such survey, including
      recommendations for actions necessary to prevent contamination of
      aquatic sediments and to control sources of contamination.
    (b) Monitoring
      (1) In general
        The Administrator, in consultation with the Administrator of
      the National Oceanic and Atmospheric Administration and the
      Secretary, shall conduct a comprehensive and continuing program
      to assess aquatic sediment quality. The program conducted
      pursuant to this subsection shall, at a minimum -
          (A) identify the location of pollutants in aquatic sediment;
          (B) identify the extent of pollutants in sediment and those
        sediments which are contaminated pursuant to section 501(b)(4);
        (!1)
          (C) establish methods and protocols for monitoring the
        physical, chemical, and biological effects of pollutants in
        aquatic sediment and of contaminated sediment;
          (D) develop a system for the management, storage, and
        dissemination of data concerning aquatic sediment quality;
          (E) provide an assessment of aquatic sediment quality trends
        over time;
          (F) identify locations where pollutants in sediment may pose
        a threat to the quality of drinking water supplies, fisheries
        resources, and marine habitats; and
          (G) establish a clearing house for information on technology,
        methods, and practices available for the remediation,
        decontamination, and control of sediment contamination.
      (2) Report
        The Administrator shall submit to Congress a report on the
      findings of the monitoring under paragraph (1) on the date that
      is 2 years after the date specified in subsection (a)(2) of this
      section and biennially thereafter.
-SOURCE-
    (Pub. L. 102-580, title V, Sec. 503, Oct. 31, 1992, 106 Stat.
    4865.)
-REFTEXT-
                            REFERENCES IN TEXT
      Section 501(b)(4), referred to in subsecs. (a)(1) and (b)(1)(B),
    means section 501(b)(4) of Pub. L. 102-580, which is set out below.
-COD-
                               CODIFICATION
      Section was enacted as part of the Water Resources Development
    Act of 1992 and also as part of the National Contaminated Sediment
    Assessment and Management Act, and not as part of the Federal Water
    Pollution Control Act which comprises this chapter.
-MISC1-
            AVAILABILITY OF CONTAMINATED SEDIMENTS INFORMATION
      Section 327 of Pub. L. 102-580 directed Secretary to conduct
    national study on information that was currently available on
    contaminated sediments of surface waters of United States and
    compile information obtained for the purpose of identifying
    location and nature of contaminated sediments and, not later than 1
    year after Oct. 31, 1992, to transmit to Congress a report on the
    results of the study.
      NATIONAL CONTAMINATED SEDIMENT ASSESSMENT AND MANAGEMENT; SHORT
                      TITLE; DEFINITIONS; TASK FORCE
      Sections 501 and 502 of title V of Pub. L. 102-580 provided that:
      "SEC. 501. SHORT TITLE AND DEFINITIONS.
      "(a) Short Title. - This title [enacting this section, amending
    sections 1412 to 1416, 1420, and 1421 of this title, and enacting
    provisions set out below] may be cited as the 'National
    Contaminated Sediment Assessment and Management Act'.
      "(b) Definitions. - For the purposes of sections 502 and 503 of
    this title [enacting this section and provisions set out below] -
        "(1) the term 'aquatic sediment' means sediment underlying the
      navigable waters of the United States;
        "(2) the term 'navigable waters' has the same meaning as in
      section 502(7) of the Federal Water Pollution Control Act (33
      U.S.C. 1362(7));
        "(3) the term 'pollutant' has the same meaning as in section
      502(6) of the Federal Water Pollution Control Act (33 U.S.C.
      1362(6)); except that such term does not include dredge spoil,
      rock, sand, or cellar dirt;
        "(4) the term 'contaminated sediment' means aquatic sediment
      which -
          "(A) contains chemical substances in excess of appropriate
        geochemical, toxicological or sediment quality criteria or
        measures; or
          "(B) is otherwise considered by the Administrator to pose a
        threat to human health or the environment; and
        "(5) the term 'Administrator' means the Administrator of the
      Environmental Protection Agency.
      "SEC. 502. NATIONAL CONTAMINATED SEDIMENT TASK FORCE.
      "(a) Establishment. - There is established a National
    Contaminated Sediment Task Force (hereinafter referred to in this
    section as the 'Task Force'). The Task Force shall -
        "(1) advise the Administrator and the Secretary in the
      implementation of this title;
        "(2) review and comment on reports concerning aquatic sediment
      quality and the extent and seriousness of aquatic sediment
      contamination throughout the Nation;
        "(3) review and comment on programs for the research and
      development of aquatic sediment restoration methods, practices,
      and technologies;
        "(4) review and comment on the selection of pollutants for
      development of aquatic sediment criteria and the schedule for the
      development of such criteria;
        "(5) advise appropriate officials in the development of
      guidelines for restoration of contaminated sediment;
        "(6) make recommendations to appropriate officials concerning
      practices and measures -
          "(A) to prevent the contamination of aquatic sediments; and
          "(B) to control sources of sediment contamination; and
        "(7) review and assess the means and methods for locating and
      constructing permanent, cost-effective long-term disposal sites
      for the disposal of dredged material that is not suitable for
      ocean dumping (as determined under the Marine Protection,
      Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.)
      [also 16 U.S.C. 1431 et seq., 1447 et seq.; 33 U.S.C. 2801 et
      seq.]).
      "(b) Membership. -
        "(1) In general. - The membership of the Task Force shall
      include 1 representative of each of the following:
          "(A) The Administrator.
          "(B) The Secretary.
          "(C) The National Oceanic and Atmospheric Administration.
          "(D) The United States Fish and Wildlife Service.
          "(E) The Geological Survey [now United States Geological
        Survey].
          "(F) The Department of Agriculture.
        "(2) Additional members. - Additional members of the Task Force
      shall be jointly selected by the Administrator and the Secretary,
      and shall include -
          "(A) not more than 3 representatives of States;
          "(B) not more than 3 representatives of ports, agriculture,
        and manufacturing; and
          "(C) not more than 3 representatives of public interest
        organizations with a demonstrated interest in aquatic sediment
        contamination.
        "(3) Cochairmen. - The Administrator and the Secretary shall
      serve as cochairmen of the Task Force.
        "(4) Clerical and technical assistance. - Such clerical and
      technical assistance as may be necessary to discharge the duties
      of the Task Force shall be provided by the personnel of the
      Environmental Protection Agency and the Army Corps of Engineers.
        "(5) Compensation for additional members. - The additional
      members of the Task Force selected under paragraph (2) shall,
      while attending meetings or conferences of the Task Force, be
      compensated at a rate to be fixed by the cochairmen, but not to
      exceed the daily equivalent of the base rate of pay in effect for
      grade GS-15 of the General Schedule under section 5332 of title
      5, United States Code, for each day (including travel time)
      during which they are engaged in the actual performance of duties
      vested in the Task Force. While away from their homes or regular
      places of business in the performance of services for the Task
      Force, such members shall be allowed travel expenses, including
      per diem in lieu of subsistence, in the same manner as persons
      employed intermittently in the Government service are allowed
      expenses under section 5703(b) of title 5, United States Code.
      "(c) Report. - Within 2 years after the date of the enactment of
    this Act [Oct. 31, 1992], the Task Force shall submit to Congress a
    report stating the findings and recommendations of the Task Force."
                      AUTHORIZATION OF APPROPRIATIONS
      Section 509(b) of Pub. L. 102-580 provided that: "There is
    authorized to be appropriated to the Administrator to carry out
    sections 502 and 503 [enacting this section and provisions set out
    above] such sums as may be necessary."
-CROSS-
                            "SECRETARY" DEFINED
      Secretary means the Secretary of the Army, see section 3 of Pub.
    L. 102-580, set out as a note under section 2201 of this title.
-FOOTNOTE-
    (!1) See References in Text note below.
-End-
-CITE-
    33 USC Sec. 1271a                                           01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1271a. Research and development program
-STATUTE-
    (a) In general
      In coordination with other Federal, State, and local officials,
    the Administrator of the Environmental Protection Agency may
    conduct research on the development and use of innovative
    approaches, technologies, and techniques for the remediation of
    sediment contamination in areas of concern that are located wholly
    or partially in the United States.
    (b) Authorization of appropriations
      (1) In general
        In addition to amounts authorized under other laws, there is
      authorized to be appropriated to carry out this section
      $3,000,000 for each of fiscal years 2004 through 2008.
      (2) Availability
        Funds appropriated under paragraph (1) shall remain available
      until expended.
-SOURCE-
    (Pub. L. 107-303, title I, Sec. 106, Nov. 27, 2002, 116 Stat.
    2358.)
-COD-
                               CODIFICATION
      Section was enacted as part of the Great Lakes Legacy Act of
    2002, and also as part of the Great Lakes and Lake Champlain Act of
    2002, and not as part of the Federal Water Pollution Control Act
    which comprises this chapter.
-End-
-CITE-
    33 USC Sec. 1272                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1272. Environmental dredging
-STATUTE-
    (a) Operation and maintenance of navigation projects
      Whenever necessary to meet the requirements of the Federal Water
    Pollution Control Act [33 U.S.C. 1251 et seq.], the Secretary, in
    consultation with the Administrator of the Environmental Protection
    Agency, may remove and remediate, as part of operation and
    maintenance of a navigation project, contaminated sediments outside
    the boundaries of and adjacent to the navigation channel.
    (b) Nonproject specific
      (1) In general
        The Secretary may remove and remediate contaminated sediments
      from the navigable waters of the United States for the purpose of
      environmental enhancement and water quality improvement if such
      removal and remediation is requested by a non-Federal sponsor and
      the sponsor agrees to pay 35 percent of the cost of such removal
      and remediation.
      (2) Maximum amount
        The Secretary may not expend more than $50,000,000 in a fiscal
      year to carry out this subsection.
    (c) Joint plan requirement
      The Secretary may only remove and remediate contaminated
    sediments under subsection (b) of this section in accordance with a
    joint plan developed by the Secretary and interested Federal,
    State, and local government officials. Such plan must include an
    opportunity for public comment, a description of the work to be
    undertaken, the method to be used for dredged material disposal,
    the roles and responsibilities of the Secretary and non-Federal
    sponsors, and identification of sources of funding.
    (d) Disposal costs
      Costs of disposal of contaminated sediments removed under this
    section shall be a (!1) shared as a cost of construction.
    (e) Limitation on statutory construction
      Nothing in this section shall be construed to affect the rights
    and responsibilities of any person under the Comprehensive
    Environmental Response, Compensation, and Liability Act of 1980 [42
    U.S.C. 9601 et seq.].
    (f) Priority work
      In carrying out this section, the Secretary shall give priority
    to work in the following areas:
        (1) Brooklyn Waterfront, New York.
        (2) Buffalo Harbor and River, New York.
        (3) Ashtabula River, Ohio.
        (4) Mahoning River, Ohio.
        (5) Lower Fox River, Wisconsin.
        (6) Passaic River and Newark Bay, New Jersey.
        (7) Snake Creek, Bixby, Oklahoma.
        (8) Willamette River, Oregon.
    (g) Nonprofit entities
      Notwithstanding section 1962d-5b of title 42, for any project
    carried out under this section, a non-Federal sponsor may include a
    nonprofit entity, with the consent of the affected local
    government.
-SOURCE-
    (Pub. L. 101-640, title III, Sec. 312, Nov. 28, 1990, 104 Stat.
    4639; Pub. L. 104-303, title II, Sec. 205, Oct. 12, 1996, 110 Stat.
    3679; Pub. L. 106-53, title II, Sec. 224, Aug. 17, 1999, 113 Stat.
    297; Pub. L. 106-541, title II, Sec. 210(a), Dec. 11, 2000, 114
    Stat. 2592.)
-REFTEXT-
                            REFERENCES IN TEXT
      The Federal Water Pollution Control Act, referred to in subsec.
    (a), is act June 30, 1948, ch. 758, as amended generally by Pub. L.
    92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified
    generally to this chapter (Sec. 1251 et seq.). For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1251 of this title and Tables.
      The Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980, referred to in subsec. (e), is Pub. L. 96-
    510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is classified
    principally to chapter 103 (Sec. 9601 et seq.) of Title 42, The
    Public Health and Welfare. For complete classification of this Act
    to the Code, see Short Title note set out under section 9601 of
    Title 42 and Tables.
-COD-
                               CODIFICATION
      Section was formerly set out as a note under section 1252 of this
    title.
      Section was enacted as part of the Water Resources Development
    Act of 1990, and not as part of the Federal Water Pollution Control
    Act which comprises this chapter.
-MISC1-
                                AMENDMENTS
      2000 - Subsec. (g). Pub. L. 106-541 added subsec. (g).
      1999 - Subsec. (b)(1). Pub. L. 106-53, Sec. 224(1)(A),
    substituted "35 percent" for "50 percent".
      Subsec. (b)(2). Pub. L. 106-53, Sec. 224(1)(B), substituted
    "$50,000,000" for "$20,000,000".
      Subsec. (d). Pub. L. 106-53, Sec. 224(2), substituted "shared as
    a cost of construction" for "non-Federal responsibility".
      Subsec. (f)(6) to (8). Pub. L. 106-53, Sec. 224(3), added pars.
    (6) to (8).
      1996 - Subsec. (a). Pub. L. 104-303, Sec. 205(1), inserted "and
    remediate" after "remove".
      Subsec. (b)(1). Pub. L. 104-303, Sec. 205(1), (2)(A), inserted
    "and remediate" after "remove" and inserted "and remediation" after
    "removal" in two places.
      Subsec. (b)(2). Pub. L. 104-303, Sec. 205(2)(B), substituted
    "$20,000,000" for "$10,000,000".
      Subsec. (c). Pub. L. 104-303, Sec. 205(1), inserted "and
    remediate" after "remove".
      Subsec. (f). Pub. L. 104-303, Sec. 205(3), added subsec. (f) and
    struck out heading and text of former subsec. (f). Text read as
    follows: "This section shall not be effective after the last day of
    the 5-year period beginning on November 28, 1990; except that the
    Secretary may complete any project commenced under this section on
    or before such last day."
-FOOTNOTE-
    (!1) So in original. The word "a" probably should not appear.
-End-
-CITE-
    33 USC Sec. 1273                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1273. Lake Pontchartrain Basin
-STATUTE-
    (a) Establishment of restoration program
      The Administrator shall establish within the Environmental
    Protection Agency the Lake Pontchartrain Basin Restoration Program.
    (b) Purpose
      The purpose of the program shall be to restore the ecological
    health of the Basin by developing and funding restoration projects
    and related scientific and public education projects.
    (c) Duties
      In carrying out the program, the Administrator shall -
        (1) provide administrative and technical assistance to a
      management conference convened for the Basin under section 1330
      of this title;
        (2) assist and support the activities of the management
      conference, including the implementation of recommendations of
      the management conference;
        (3) support environmental monitoring of the Basin and research
      to provide necessary technical and scientific information;
        (4) develop a comprehensive research plan to address the
      technical needs of the program;
        (5) coordinate the grant, research, and planning programs
      authorized under this section; and
        (6) collect and make available to the public publications, and
      other forms of information the management conference determines
      to be appropriate, relating to the environmental quality of the
      Basin.
    (d) Grants
      The Administrator may make grants -
        (1) for restoration projects and studies recommended by a
      management conference convened for the Basin under section 1330
      of this title; and
        (2) for public education projects recommended by the management
      conference.
    (e) Definitions
      In this section, the following definitions apply:
      (1) Basin
        The term "Basin" means the Lake Pontchartrain Basin, a 5,000
      square mile watershed encompassing 16 parishes in the State of
      Louisiana and 4 counties in the State of Mississippi.
      (2) Program
        The term "program" means the Lake Pontchartrain Basin
      Restoration Program established under subsection (a) of this
      section.
    (f) Authorization of appropriations
      (1) In general
        There is authorized to be appropriated to carry out this
      section $20,000,000 for each of fiscal years 2001 through 2011.
      Such sums shall remain available until expended.
      (2) Public education projects
        Not more than 15 percent of the amount appropriated pursuant to
      paragraph (1) in a fiscal year may be expended on grants for
      public education projects under subsection (d)(2) of this
      section.
-SOURCE-
    (June 30, 1948, ch. 758, title I, Sec. 121, as added Pub. L. 106-
    457, title V, Sec. 502, Nov. 7, 2000, 114 Stat. 1973; amended Pub.
    L. 109-392, Sec. 1, Dec. 12, 2006, 120 Stat. 2703.)
-MISC1-
                             PRIOR PROVISIONS
      Another section 121 of act June 30, 1948, was renumbered section
    122 and is classified to section 1274 of this title.
                                AMENDMENTS
      2006 - Subsec. (f)(1). Pub. L. 109-392 substituted "2011" for
    "2005".
-End-
-CITE-
    33 USC Sec. 1274                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
    Sec. 1274. Wet weather watershed pilot projects
-STATUTE-
    (a) In general
      The Administrator, in coordination with the States, may provide
    technical assistance and grants for treatment works to carry out
    pilot projects relating to the following areas of wet weather
    discharge control:
      (1) Watershed management of wet weather discharges
        The management of municipal combined sewer overflows, sanitary
      sewer overflows, and stormwater discharges, on an integrated
      watershed or subwatershed basis for the purpose of demonstrating
      the effectiveness of a unified wet weather approach.
      (2) Stormwater best management practices
        The control of pollutants from municipal separate storm sewer
      systems for the purpose of demonstrating and determining controls
      that are cost-effective and that use innovative technologies in
      reducing such pollutants from stormwater discharges.
    (b) Administration
      The Administrator, in coordination with the States, shall provide
    municipalities participating in a pilot project under this section
    the ability to engage in innovative practices, including the
    ability to unify separate wet weather control efforts under a
    single permit.
    (c) Funding
      (1) In general
        There is authorized to be appropriated to carry out this
      section $10,000,000 for fiscal year 2002, $15,000,000 for fiscal
      year 2003, and $20,000,000 for fiscal year 2004. Such funds shall
      remain available until expended.
      (2) Stormwater
        The Administrator shall make available not less than 20 percent
      of amounts appropriated for a fiscal year pursuant to this
      subsection to carry out the purposes of subsection (a)(2) of this
      section.
      (3) Administrative expenses
        The Administrator may retain not to exceed 4 percent of any
      amounts appropriated for a fiscal year pursuant to this
      subsection for the reasonable and necessary costs of
      administering this section.
    (d) Report to Congress
      Not later than 5 years after December 21, 2000, the Administrator
    shall transmit to Congress a report on the results of the pilot
    projects conducted under this section and their possible
    application nationwide.
-SOURCE-
    (June 30, 1948, ch. 758, title I, Sec. 122, formerly Sec. 121, as
    added Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 112(b)],
    Dec. 21, 2000, 114 Stat. 2763, 2763A-225; renumbered Sec. 122, Pub.
    L. 109-392, Sec. 2, Dec. 12, 2006, 120 Stat. 2703.)
-End-
-CITE-
    33 USC SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF
           TREATMENT WORKS                                 01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
        SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-End-
-CITE-
    33 USC Sec. 1281                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1281. Congressional declaration of purpose
-STATUTE-
    (a) Development and implementation of waste treatment management
      plans and practices
      It is the purpose of this subchapter to require and to assist the
    development and implementation of waste treatment management plans
    and practices which will achieve the goals of this chapter.
    (b) Application of technology: confined disposal of pollutants;
      consideration of advanced techniques
      Waste treatment management plans and practices shall provide for
    the application of the best practicable waste treatment technology
    before any discharge into receiving waters, including reclaiming
    and recycling of water, and confined disposal of pollutants so they
    will not migrate to cause water or other environmental pollution
    and shall provide for consideration of advanced waste treatment
    techniques.
    (c) Waste treatment management area and scope
      To the extent practicable, waste treatment management shall be on
    an areawide basis and provide control or treatment of all point and
    nonpoint sources of pollution, including in place or accumulated
    pollution sources.
    (d) Waste treatment management construction of revenue producing
      facilities
      The Administrator shall encourage waste treatment management
    which results in the construction of revenue producing facilities
    providing for -
        (1) the recycling of potential sewage pollutants through the
      production of agriculture, silviculture, or aquaculture products,
      or any combination thereof;
        (2) the confined and contained disposal of pollutants not
      recycled;
        (3) the reclamation of wastewater; and
        (4) the ultimate disposal of sludge in a manner that will not
      result in environmental hazards.
    (e) Waste treatment management integration of facilities
      The Administrator shall encourage waste treatment management
    which results in integrating facilities for sewage treatment and
    recycling with facilities to treat, dispose of, or utilize other
    industrial and municipal wastes, including but not limited to solid
    waste and waste heat and thermal discharges. Such integrated
    facilities shall be designed and operated to produce revenues in
    excess of capital and operation and maintenance costs and such
    revenues shall be used by the designated regional management agency
    to aid in financing other environmental improvement programs.
    (f) Waste treatment management "open space" and recreational
      considerations
      The Administrator shall encourage waste treatment management
    which combines "open space" and recreational considerations with
    such management.
    (g) Grants to construct publicly owned treatment works
      (1) The Administrator is authorized to make grants to any State,
    municipality, or intermunicipal or interstate agency for the
    construction of publicly owned treatment works. On and after
    October 1, 1984, grants under this subchapter shall be made only
    for projects for secondary treatment or more stringent treatment,
    or any cost effective alternative thereto, new interceptors and
    appurtenances, and infiltration-in-flow correction. Notwithstanding
    the preceding sentences, the Administrator may make grants on and
    after October 1, 1984, for (A) any project within the definition
    set forth in section 1292(2) of this title, other than for a
    project referred to in the preceding sentence, and (B) any purpose
    for which a grant may be made under sections (!1) 1329(h) and (i)
    of this title (including any innovative and alternative approaches
    for the control of nonpoint sources of pollution), except that not
    more than 20 per centum (as determined by the Governor of the
    State) of the amount allotted to a State under section 1285 of this
    title for any fiscal year shall be obligated in such State under
    authority of this sentence.
      (2) The Administrator shall not make grants from funds authorized
    for any fiscal year beginning after June 30, 1974, to any State,
    municipality, or intermunicipal or interstate agency for the
    erection, building, acquisition, alteration, remodeling,
    improvement, or extension of treatment works unless the grant
    applicant has satisfactorily demonstrated to the Administrator that
    -
        (A) alternative waste management techniques have been studied
      and evaluated and the works proposed for grant assistance will
      provide for the application of the best practicable waste
      treatment technology over the life of the works consistent with
      the purposes of this subchapter; and
        (B) as appropriate, the works proposed for grant assistance
      will take into account and allow to the extent practicable the
      application of technology at a later date which will provide for
      the reclaiming or recycling of water or otherwise eliminate the
      discharge of pollutants.
      (3) The Administrator shall not approve any grant after July 1,
    1973, for treatment works under this section unless the applicant
    shows to the satisfaction of the Administrator that each sewer
    collection system discharging into such treatment works is not
    subject to excessive infiltration.
      (4) The Administrator is authorized to make grants to applicants
    for treatment works grants under this section for such sewer system
    evaluation studies as may be necessary to carry out the
    requirements of paragraph (3) of this subsection. Such grants shall
    be made in accordance with rules and regulations promulgated by the
    Administrator. Initial rules and regulations shall be promulgated
    under this paragraph not later than 120 days after October 18,
    1972.
      (5) The Administrator shall not make grants from funds authorized
    for any fiscal year beginning after September 30, 1978, to any
    State, municipality, or intermunicipal or interstate agency for the
    erection, building, acquisition, alteration, remodeling,
    improvement, or extension of treatment works unless the grant
    applicant has satisfactorily demonstrated to the Administrator that
    innovative and alternative wastewater treatment processes and
    techniques which provide for the reclaiming and reuse of water,
    otherwise eliminate the discharge of pollutants, and utilize
    recycling techniques, land treatment, new or improved methods of
    waste treatment management for municipal and industrial waste
    (discharged into municipal systems) and the confined disposal of
    pollutants, so that pollutants will not migrate to cause water or
    other environmental pollution, have been fully studied and
    evaluated by the applicant taking into account subsection (d) of
    this section and taking into account and allowing to the extent
    practicable the more efficient use of energy and resources.
      (6) The Administrator shall not make grants from funds authorized
    for any fiscal year beginning after September 30, 1978, to any
    State, municipality, or intermunicipal or interstate agency for the
    erection, building, acquisition, alteration, remodeling,
    improvement, or extension of treatment works unless the grant
    applicant has satisfactorily demonstrated to the Administrator that
    the applicant has analyzed the potential recreation and open space
    opportunities in the planning of the proposed treatment works.
    (h) Grants to construct privately owned treatment works
      A grant may be made under this section to construct a privately
    owned treatment works serving one or more principal residences or
    small commercial establishments constructed prior to, and inhabited
    on, December 27, 1977, where the Administrator finds that -
        (1) a public body otherwise eligible for a grant under
      subsection (g) of this section has applied on behalf of a number
      of such units and certified that public ownership of such works
      is not feasible;
        (2) such public body has entered into an agreement with the
      Administrator which guarantees that such treatment works will be
      properly operated and maintained and will comply with all other
      requirements of section 1284 of this title and includes a system
      of charges to assure that each recipient of waste treatment
      services under such a grant will pay its proportionate share of
      the cost of operation and maintenance (including replacement);
      and
        (3) the total cost and environmental impact of providing waste
      treatment services to such residences or commercial
      establishments will be less than the cost of providing a system
      of collection and central treatment of such wastes.
    (i) Waste treatment management methods, processes, and techniques
      to reduce energy requirements
      The Administrator shall encourage waste treatment management
    methods, processes, and techniques which will reduce total energy
    requirements.
    (j) Grants for treatment works utilizing processes and techniques
      of guidelines under section 1314(d)(3) of this title
      The Administrator is authorized to make a grant for any treatment
    works utilizing processes and techniques meeting the guidelines
    promulgated under section 1314(d)(3) of this title, if the
    Administrator determines it is in the public interest and if in the
    cost effectiveness study made of the construction grant application
    for the purpose of evaluating alternative treatment works, the life
    cycle cost of the treatment works for which the grant is to be made
    does not exceed the life cycle cost of the most cost effective
    alternative by more than 15 per centum.
    (k) Limitation on use of grants for publicly owned treatment works
      No grant made after November 15, 1981, for a publicly owned
    treatment works, other than for facility planning and the
    preparation of construction plans and specifications, shall be used
    to treat, store, or convey the flow of any industrial user into
    such treatment works in excess of a flow per day equivalent to
    fifty thousand gallons per day of sanitary waste. This subsection
    shall not apply to any project proposed by a grantee which is
    carrying out an approved project to prepare construction plans and
    specifications for a facility to treat wastewater, which received
    its grant approval before May 15, 1980. This subsection shall not
    be in effect after November 15, 1981.
    (l) Grants for facility plans, or plans, specifications, and
      estimates for proposed project for construction of treatment
      works; limitations, allotments, advances, etc.
      (1) After December 29, 1981, Federal grants shall not be made for
    the purpose of providing assistance solely for facility plans, or
    plans, specifications, and estimates for any proposed project for
    the construction of treatment works. In the event that the proposed
    project receives a grant under this section for construction, the
    Administrator shall make an allowance in such grant for non-Federal
    funds expended during the facility planning and advanced
    engineering and design phase at the prevailing Federal share under
    section 1282(a) of this title, based on the percentage of total
    project costs which the Administrator determines is the general
    experience for such projects.
      (2)(A) Each State shall use a portion of the funds allotted to
    such State each fiscal year, but not to exceed 10 per centum of
    such funds, to advance to potential grant applicants under this
    subchapter the costs of facility planning or the preparation of
    plans, specifications, and estimates.
      (B) Such an advance shall be limited to the allowance for such
    costs which the Administrator establishes under paragraph (1) of
    this subsection, and shall be provided only to a potential grant
    applicant which is a small community and which in the judgment of
    the State would otherwise be unable to prepare a request for a
    grant for construction costs under this section.
      (C) In the event a grant for construction costs is made under
    this section for a project for which an advance has been made under
    this paragraph, the Administrator shall reduce the amount of such
    grant by the allowance established under paragraph (1) of this
    subsection. In the event no such grant is made, the State is
    authorized to seek repayment of such advance on such terms and
    conditions as it may determine.
    (m) Grants for State of California projects
      (1) Notwithstanding any other provisions of this subchapter, the
    Administrator is authorized to make a grant from any funds
    otherwise allotted to the State of California under section 1285 of
    this title to the project (and in the amount) specified in Order
    WQG 81-1 of the California State Water Resources Control Board.
      (2) Notwithstanding any other provision of this chapter, the
    Administrator shall make a grant from any funds otherwise allotted
    to the State of California to the city of Eureka, California, in
    connection with project numbered C-06-2772, for the purchase of one
    hundred and thirty-nine acres of property as environmental
    mitigation for siting of the proposed treatment plant.
      (3) Notwithstanding any other provision of this chapter, the
    Administrator shall make a grant from any funds otherwise allotted
    to the State of California to the city of San Diego, California, in
    connection with that city's aquaculture sewage process (total
    resources recovery system) as an innovative and alternative waste
    treatment process.
    (n) Water quality problems; funds, scope, etc.
      (1) On and after October 1, 1984, upon the request of the
    Governor of an affected State, the Administrator is authorized to
    use funds available to such State under section 1285 of this title
    to address water quality problems due to the impacts of discharges
    from combined storm water and sanitary sewer overflows, which are
    not otherwise eligible under this subsection, where correction of
    such discharges is a major priority for such State.
      (2) Beginning fiscal year 1983, the Administrator shall have
    available $200,000,000 per fiscal year in addition to those funds
    authorized in section 1287 of this title to be utilized to address
    water quality problems of marine bays and estuaries subject to
    lower levels of water quality due to the impacts of discharges from
    combined storm water and sanitary sewer overflows from adjacent
    urban complexes, not otherwise eligible under this subsection. Such
    sums may be used as deemed appropriate by the Administrator as
    provided in paragraphs (1) and (2) of this subsection, upon the
    request of and demonstration of water quality benefits by the
    Governor of an affected State.
    (o) Capital financing plan
      The Administrator shall encourage and assist applicants for grant
    assistance under this subchapter to develop and file with the
    Administrator a capital financing plan which, at a minimum -
        (1) projects the future requirements for waste treatment
      services within the applicant's jurisdiction for a period of no
      less than ten years;
        (2) projects the nature, extent, timing, and costs of future
      expansion and reconstruction of treatment works which will be
      necessary to satisfy the applicant's projected future
      requirements for waste treatment services; and
        (3) sets forth with specificity the manner in which the
      applicant intends to finance such future expansion and
      reconstruction.
    (p) Time limit on resolving certain disputes
      In any case in which a dispute arises with respect to the
    awarding of a contract for construction of treatment works by a
    grantee of funds under this subchapter and a party to such dispute
    files an appeal with the Administrator under this subchapter for
    resolution of such dispute, the Administrator shall make a final
    decision on such appeal within 90 days of the filing of such
    appeal.
-SOURCE-
    (June 30, 1948, ch. 758, title II, Sec. 201, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 833; amended Pub. L. 95-217,
    Secs. 12-16, Dec. 27, 1977, 91 Stat. 1569, 1570; Pub. L. 96-483,
    Secs. 2(d), 3, Oct. 21, 1980, 94 Stat. 2361; Pub. L. 97-117, Secs.
    2(a), 3(a), 4-6, 10(c), Dec. 29, 1981, 95 Stat. 1623-1626; Pub. L.
    100-4, title II, Sec. 201, title III, Sec. 316(c), Feb. 4, 1987,
    101 Stat. 15, 60.)
-MISC1-
                                AMENDMENTS
      1987 - Subsec. (g)(1). Pub. L. 100-4, Sec. 316(c), substituted
    "sentences, the Administrator" for "sentence, the Administrator"
    and inserted "(A)" after "October 1, 1984, for" and "and (B) any
    purpose for which a grant may be made under sections 1329(h) and
    (i) of this title (including any innovative and alternative
    approaches for the control of nonpoint sources of pollution),"
    before "except that".
      Subsec. (p). Pub. L. 100-4, Sec. 201, added subsec. (p).
      1981 - Subsec. (g)(1). Pub. L. 97-117, Sec. 2(a), inserted
    provisions restricting, on or after Oct. 1, 1984, the categories of
    projects eligible for grants under this subchapter and providing an
    exception to the restriction for projects, other than specified
    projects, within the definition set forth in section 1292(2) of
    this title, but limiting such exception to not more than 20 per
    centum, as determined by the Governor of the State, of the amount
    allotted to a State under section 1285 of this title for any fiscal
    year.
      Subsec. (k). Pub. L. 97-117, Sec. 10(c), inserted provision that
    subsection not be in effect after Nov. 15, 1981.
      Subsec. (l). Pub. L. 97-117, Sec. 3(a), added subsec. (l).
      Subsec. (m). Pub. L. 97-117, Sec. 4, added subsec. (m).
      Subsec. (n). Pub. L. 97-117, Sec. 5, added subsec. (n).
      Subsec. (o). Pub. L. 97-117, Sec. 6, added subsec. (o).
      1980 - Subsec. (h). Pub. L. 96-483, Sec. 2(d), struck out text
    following par. (3), relating to payment to the United States by
    commercial users of that portion of the cost of construction
    applicable to treatment of commercial wastes to the extent
    attributable to the Federal share of the cost of construction.
      Subsec. (k). Pub. L. 96-483, Sec. 3, added subsec. (k).
      1977 - Subsec. (g)(5). Pub. L. 95-217, Sec. 12, added par. (5).
      Subsec. (g)(6). Pub. L. 95-217, Sec. 13, added par. (6).
      Subsec. (h). Pub. L. 95-217, Sec. 14, added subsec. (h).
      Subsec. (i). Pub. L. 95-217, Sec. 15, added subsec. (i).
      Subsec. (j). Pub. L. 95-217, Sec. 16, added subsec. (j).
                     EFFECTIVE DATE OF 1980 AMENDMENT
      Section 2(g) of Pub. L. 96-483 provided that: "The amendments
    made by this section [amending sections 1281, 1284, and 1293 of
    this title, enacting provisions set out as notes under section 1284
    of this title, and amending provisions set out as a note under
    section 1284 of this title] shall take effect on December 27,
    1977."
    ENVIRONMENTAL PROTECTION AGENCY STATE AND TRIBAL ASSISTANCE GRANTS
      Pub. L. 105-174, title III, May 1, 1998, 112 Stat. 92, provided
    that: "Notwithstanding any other provision of law, eligible
    recipients of the funds appropriated to the Environmental
    Protection Agency in the State and Tribal Assistance Grants account
    since fiscal year 1997 and hereafter for multi-media or single
    media grants, other than Performance Partnership Grants authorized
    pursuant to Public Law 104-134 and Public Law 105-65 [see Grants to
    Indian Tribes for Pollution Prevention, Control, and Abatement
    notes set out below], for pollution prevention, control, and
    abatement and related activities have been and shall be those
    entities eligible for grants under the Agency's organic statutes."
                  PRIVATIZATION OF INFRASTRUCTURE ASSETS
      Pub. L. 104-303, title V, Sec. 586, Oct. 12, 1996, 110 Stat.
    3791, provided that:
      "(a) In General. - Notwithstanding the provisions of title II of
    the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.),
    Executive Order 12803 [5 U.S.C. 601 note], or any other law or
    authority, an entity that received Federal grant assistance for an
    infrastructure asset under the Federal Water Pollution Control Act
    [33 U.S.C. 1251 et seq.] shall not be required to repay any portion
    of the grant upon the lease or concession of the asset only if -
        "(1) ownership of the asset remains with the entity that
      received the grant; and
        "(2) the Administrator of the Environmental Protection Agency
      determines that the lease or concession furthers the purposes of
      such Act and approves the lease or concession.
      "(b) Limitation. - The Administrator shall not approve a total of
    more than 5 leases and concessions under this section."
         GRANTS TO STATES TO ADMINISTER COMPLETION AND CLOSEOUT OF
                        CONSTRUCTION GRANTS PROGRAM
      Pub. L. 104-204, title III, Sept. 26, 1996, 110 Stat. 2912,
    provided in part: "That notwithstanding any other provision of law,
    beginning in fiscal year 1997 the Administrator may make grants to
    States, from funds available for obligation in the State under
    title II of the Federal Water Pollution Control Act [33 U.S.C. 1281
    et seq.], as amended, for administering the completion and closeout
    of the State's construction grants program, based on a budget
    annually negotiated with the State".
                     WASTEWATER ASSISTANCE TO COLONIAS
      Pub. L. 104-182, title III, Sec. 307, Aug. 6, 1996, 110 Stat.
    1688, provided that:
      "(a) Definitions. - As used in this section:
        "(1) Border state. - The term 'border State' means Arizona,
      California, New Mexico, and Texas.
        "(2) Eligible community. - The term 'eligible community' means
      a low-income community with economic hardship that -
          "(A) is commonly referred to as a colonia;
          "(B) is located along the United States-Mexico border
        (generally in an unincorporated area); and
          "(C) lacks basic sanitation facilities such as household
        plumbing or a proper sewage disposal system.
        "(3) Treatment works. - The term 'treatment works' has the
      meaning provided in section 212(2) of the Federal Water Pollution
      Control Act (33 U.S.C. 1292(2)).
      "(b) Grants for Wastewater Assistance. - The Administrator of the
    Environmental Protection Agency and the heads of other appropriate
    Federal agencies are authorized to award grants to a border State
    to provide assistance to eligible communities for the planning,
    design, and construction or improvement of sewers, treatment works,
    and appropriate connections for wastewater treatment.
      "(c) Use of Funds. - Each grant awarded pursuant to subsection
    (b) shall be used to provide assistance to one or more eligible
    communities with respect to which the residents are subject to a
    significant health risk (as determined by the Administrator or the
    head of the Federal agency making the grant) attributable to the
    lack of access to an adequate and affordable treatment works for
    wastewater.
      "(d) Cost Sharing. - The amount of a grant awarded pursuant to
    this section shall not exceed 50 percent of the costs of carrying
    out the project that is the subject of the grant.
      "(e) Authorization of Appropriations. - There are authorized to
    be appropriated to carry out this section $25,000,000 for each of
    the fiscal years 1997 through 1999."
       GRANTS TO INDIAN TRIBES FOR POLLUTION PREVENTION, CONTROL AND
                                 ABATEMENT
      Pub. L. 105-65, title III, Oct. 27, 1997, 111 Stat. 1373,
    provided in part that: "$745,000,000 for grants to States,
    federally recognized tribes, and air pollution control agencies for
    multi-media or single media pollution prevention, control and
    abatement and related activities pursuant to the provisions set
    forth under this heading in Public Law 104-134 [see below],
    provided that eligible recipients of these funds and the funds made
    available for this purpose since fiscal year 1996 and hereafter
    include States, federally recognized tribes, interstate agencies,
    tribal consortia, and air pollution control agencies, as provided
    in authorizing statutes, subject to such terms and conditions as
    the Administrator shall establish, and for making grants under
    section 103 of the Clean Air Act [42 U.S.C. 7403] for particulate
    matter monitoring and data collection activities".
      Pub. L. 105-65, title III, Oct. 27, 1997, 111 Stat. 1374,
    provided in part: "That, hereafter from funds appropriated under
    this heading ["Environmental Protection Agency" and "state and
    tribal assistance grants"], the Administrator is authorized to make
    grants to federally recognized Indian governments for the
    development of multi-media environmental programs: Provided
    further, That, hereafter, the funds available under this heading
    for grants to States, federally recognized tribes, and air
    pollution control agencies for multi-media or single media
    pollution prevention, control and abatement and related activities
    may also be used for the direct implementation by the Federal
    Government of a program required by law in the absence of an
    acceptable State or tribal program".
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 104-204, title III, Sept. 26, 1996, 110 Stat. 2912.
      Pub. L. 104-134, title I, Sec. 101(e) [title III], Apr. 26, 1996,
    110 Stat. 1321-257, 1321-299, renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327.
      Pub. L. 103-327, title III, Sept. 28, 1994, 108 Stat. 2320.
      Pub. L. 103-124, title III, Oct. 28, 1993, 107 Stat. 1293.
      Pub. L. 102-389, title III, Oct. 6, 1992, 106 Stat. 1597.
      Pub. L. 102-139, title III, Oct. 28, 1991, 105 Stat. 762.
      Pub. L. 101-507, title III, Nov. 5, 1990, 104 Stat. 1372.
      Pub. L. 104-134, title I, Sec. 101(e) [title III], Apr. 26, 1996,
    110 Stat. 1321-257, 1321-299; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided in part: "That
    beginning in fiscal year 1996 and each fiscal year thereafter, and
    notwithstanding any other provision of law, the Administrator is
    authorized to make grants annually from funds appropriated under
    this heading ["Environmental Protection Agency" and "state and
    tribal assistance grants"], subject to such terms and conditions as
    the Administrator shall establish, to any State or federally
    recognized Indian tribe for multimedia or single media pollution
    prevention, control and abatement and related environmental
    activities at the request of the Governor or other appropriate
    State official or the tribe".
             STATE MANAGEMENT OF CONSTRUCTION GRANT ACTIVITIES
      Pub. L. 104-134, title I, Sec. 101(e) [title III], Apr. 26, 1996,
    110 Stat. 1321-257, 1321-299; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided in part: "That of
    the funds appropriated in the Construction Grants and Water
    Infrastructure/State Revolving Funds accounts since the
    appropriation for the fiscal year ending September 30, 1992, and
    hereafter, for making grants for wastewater treatment works
    construction projects, portions may be provided by the recipients
    to States for managing construction grant activities, on condition
    that the States agree to reimburse the recipients from State
    funding sources".
     GRANTS TO TRUST TERRITORY OF THE PACIFIC ISLANDS, AMERICAN SAMOA,
       GUAM, NORTHERN MARIANA ISLANDS, AND VIRGIN ISLANDS; WAIVER OF
                        COLLECTOR SEWERS LIMITATION
      Pub. L. 99-396, Sec. 12(b), Aug. 27, 1986, 100 Stat. 841,
    provided that: "In awarding grants to the Trust Territory of the
    Pacific Islands, American Samoa, Guam, the Northern Mariana Islands
    and the Virgin Islands under section 201(g)(1) of the Clean Water
    Act (33 U.S.C. 1251 et seq.) [subsec. (g)(1) of this section], the
    Administrator of the Environmental Protection Agency may waive
    limitations regarding grant eligibility for sewerage facilities and
    related appurtenances, insofar as such limitations relate to
    collector sewers, based upon a determination that applying such
    limitations could hinder the alleviation of threats to public
    health and water quality. In making such a determination, the
    Administrator shall take into consideration the public health and
    water quality benefits to be derived and the availability of
    alternate funding sources. The Administrator shall not award grants
    under this section for the operation and maintenance of sewerage
    facilities, for construction of facilities which are not an
    essential component of the sewerage facilities, or any other
    activities or facilities which are not concerned with the
    management of wastewater to alleviate threats to public health and
    water quality." [For termination of Trust Territory of the Pacific
    Islands, see note set out preceding section 1681 of Title 48,
    Territories and Insular Possessions.]
                     ENVIRONMENTAL FINANCING AUTHORITY
      Section 12 of Pub. L. 92-500, as amended by Pub. L. 97-258, Sec.
    4(b), Sept. 13, 1982, 96 Stat. 1067, provided that:
      "(a) [Short Title] This section may be cited as the Environmental
    Financing Act of 1972.
      "(b) [Establishment] There is hereby created a body corporate to
    be known as the Environmental Financing Authority, which shall have
    succession until dissolved by Act of Congress. The Authority shall
    be subject to the general supervision and direction of the
    Secretary of the Treasury. The Authority shall be an
    instrumentality of the United States Government and shall maintain
    such offices as may be necessary or appropriate in the conduct of
    its business.
      "(c) [Congressional Declaration of Purpose] The purpose of this
    section is to assure that inability to borrow necessary funds on
    reasonable terms does not prevent any State or local public body
    from carrying out any project for construction of waste treatment
    works determined eligible for assistance pursuant to subsection (e)
    of this section.
      "(d) [Board of Directors] (1) The Authority shall have a Board of
    Directors consisting of five persons, one of whom shall be the
    Secretary of the Treasury or his designee as Chairman of the Board,
    and four of whom shall be appointed by the President from among the
    officers or employees of the Authority or of any department or
    agency of the United States Government.
      "(2) The Board of Directors shall meet at the call of its
    Chairman. The Board shall determine the general policies which
    shall govern the operations of the Authority. The Chairman of the
    Board shall select and effect the appointment of qualified persons
    to fill the offices as may be provided for in the bylaws, with such
    executive functions, powers, and duties as may be prescribed by the
    bylaws or by the Board of Directors, and such persons shall be the
    executive officers of the Authority and shall discharge all such
    executive functions, powers, and duties. The members of the Board,
    as such, shall not receive compensation for their services.
      "(e) [Purchase of State and Local Obligations] (1) Until July 1,
    1975, the Authority is authorized to make commitments to purchase,
    and to purchase on terms and conditions determined by the
    Authority, any obligation or participation therein which is issued
    by a State or local public body to finance the non-Federal share of
    the cost of any project for the construction of waste treatment
    works which the Administrator of the Environmental Protection
    Agency has determined to be eligible for Federal financial
    assistance under the Federal Water Pollution Control Act [this
    chapter].
      "(2) No commitment shall be entered into, and no purchase shall
    be made, unless the Administrator of the Environmental Protection
    Agency (A) has certified that the public body is unable to obtain
    on reasonable terms sufficient credit to finance its actual needs;
    (B) has approved the project as eligible under the Federal Water
    Pollution Control Act [this chapter], and (C) has agreed to
    guarantee timely payment of principal and interest on the
    obligation. The Administrator is authorized to guarantee such
    timely payments and to issue regulations as he deems necessary and
    proper to protect such guarantees. Appropriations are hereby
    authorized to be made to the Administrator in such sums as are
    necessary to make payments under such guarantees, and such payments
    are authorized to be made from such appropriations.
      "(3) No purchase shall be made of obligations issued to finance
    projects, the permanent financing of which occurred prior to the
    enactment of this section [Oct. 18, 1972].
      "(4) Any purchase by the Authority shall be upon such terms and
    conditions as to yield a return at a rate determined by the
    Secretary of the Treasury taking into consideration (A) the current
    average yield on outstanding marketable obligations of the United
    States of comparable maturity or in its stead whenever the
    Authority has sufficient of its own long-term obligations
    outstanding, the current average yield on outstanding obligations
    of the Authority of comparable maturity; and (B) the market yields
    on municipal bonds.
      "(5) The Authority is authorized to charge fees for its
    commitments and other services adequate to cover all expenses and
    to provide for the accumulation of reasonable contingency reserves
    and such fees shall be included in the aggregate project costs.
      "(f) [Initial Capital] To provide initial capital to the
    Authority the Secretary of the Treasury is authorized to advance
    the funds necessary for this purpose. Each such advance shall be
    upon such terms and conditions as to yield a return at a rate not
    less than a rate determined by the Secretary of the Treasury taking
    into consideration the current average yield on outstanding
    marketable obligations of the United States of comparable
    maturities. Interest payments on such advances may be deferred, at
    the discretion of the Secretary, but any such deferred payments
    shall themselves bear interest at the rate specified in this
    section. There is authorized to be appropriated not to exceed
    $100,000,000, which shall be available for the purposes of this
    subsection.
      "(g) [Issuance of Obligations] (1) The Authority is authorized,
    with the approval of the Secretary of the Treasury, to issue and
    have outstanding obligations having such maturities and bearing
    such rate or rates of interest as may be determined by the
    Authority. Such obligations may be redeemable at the option of the
    Authority before maturity in such manner as may be stipulated
    therein.
      "(2) As authorized in appropriation Acts, and such authorizations
    may be without fiscal year limitations, the Secretary of the
    Treasury may in his discretion purchase or agree to purchase any
    obligations issued pursuant to paragraph (1) of this subsection,
    and for such purpose the Secretary of the Treasury is authorized to
    use as a public debt transaction the proceeds of the sale of any
    securities hereafter issued under chapter 31 of title 31, as now or
    hereafter in force, and the purposes for which securities may be
    issued under chapter 31 of title 31, as now or hereafter in force,
    are extended to include such purchases. Each purchase of
    obligations by the Secretary of the Treasury under this subsection
    shall be upon such terms and conditions as to yield a return at a
    rate not less than a rate determined by the Secretary of the
    Treasury, taking into consideration the current average yield on
    outstanding marketable obligations of the United States of
    comparable maturities. The Secretary of the Treasury may sell, upon
    such terms and conditions and at such price or prices as he shall
    determine, any of the obligations acquired by him under this
    paragraph. All purchases and sales by the Secretary of the Treasury
    of such obligations under this paragraph shall be treated as public
    debt transactions of the United States. (As amended Pub. L. 97-258,
    Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067.)
      "(h) [Interest Differential] The Secretary of the Treasury is
    authorized and directed to make annual payments to the Authority in
    such amounts as are necessary to equal the amount by which the
    dollar amount of interest expense accrued by the Authority on
    account of its obligations exceeds the dollar amount of interest
    income accrued by the Authority on account of obligations purchased
    by it pursuant to subsection (e) of this section.
      "(i) [Powers] The Authority shall have power -
        "(1) to sue and be sued, complain and defend, in its corporate
      name;
        "(2) to adopt, alter, and use a corporate seal, which shall be
      judicially noticed;
        "(3) to adopt, amend, and repeal bylaws, rules, and regulations
      as may be necessary for the conduct of its business;
        "(4) to conduct its business, carry on its operations, and have
      offices and exercise the powers granted by this section in any
      State without regard to any qualification or similar statute in
      any State;
        "(5) to lease, purchase, or otherwise acquire, own, hold,
      improve, use, or otherwise deal in and with any property, real,
      personal, or mixed, or any interest therein, wherever situated;
        "(6) to accept gifts or donations of services, or of property,
      real, personal, or mixed, tangible or intangible, in aid of any
      of the purposes of the Authority;
        "(7) to sell, convey, mortgage, pledge, lease, exchange, and
      otherwise dispose of its property and assets;
        "(8) to appoint such officers, attorneys, employees, and agents
      as may be required, to define their duties, to fix and to pay
      such compensation for their services as may be determined,
      subject to the civil service and classification laws, to require
      bonds for them and pay the premium thereof; and
        "(9) to enter into contracts, to execute instruments, to incur
      liabilities, and to do all things as are necessary or incidental
      to the proper management of its affairs and the proper conduct of
      its business.
      "(j) [Tax Exemption, Exemptions] The Authority, its property, its
    franchise, capital, reserves, surplus, security holdings, and other
    funds, and its income shall be exempt from all taxation now or
    hereafter imposed by the United States or by any State or local
    taxing authority; except that (A) any real property and any
    tangible personal property of the Authority shall be subject to
    Federal, State, and local taxation to the same extent according to
    its value as other such property is taxed, and (B) any and all
    obligations issued by the Authority shall be subject both as to
    principal and interest to Federal, State, and local taxation to the
    same extent as the obligations of private corporations are taxed.
      "(k) [Nature of Obligations] All obligations issued by the
    Authority shall be lawful investments, and may be accepted as
    security for all fiduciary, trust, and public funds, the investment
    or deposit of which shall be under authority or control of the
    United States or of any officer or officers thereof. All
    obligations issued by the Authority pursuant to this section shall
    be deemed to be exempt securities within the meaning of laws
    administered by the Securities and Exchange Commission, to the same
    extent as securities which are issued by the United States.
      "(l) [Preparation of Obligations by Secretary of the Treasury] In
    order to furnish obligations for delivery by the Authority, the
    Secretary of the Treasury is authorized to prepare such obligations
    in such form as the Authority may approve, such obligations when
    prepared to be held in the Treasury subject to delivery upon order
    by the Authority. The engraved plates, dies, bed pieces, and so
    forth, executed in connection therewith, shall remain in the
    custody of the Secretary of the Treasury. The Authority shall
    reimburse the Secretary of the Treasury for any expenditures made
    in the preparation, custody, and delivery of such obligations.
      "(m) [Annual Report to Congress] The Authority shall, as soon as
    practicable after the end of each fiscal year, transmit to the
    President and the Congress an annual report of its operations and
    activities.
      "(n) [Subsec. (n) amended section 24 of Title 12, Banks and
    Banking, and is not set out herein.]
      "(o) [Financial Controls] The budget and audit provisions of
    chapter 91 of title 31 shall be applicable to the Environmental
    Financing Authority in the same manner as they are applied to the
    wholly owned Government corporations. (As amended Pub. L. 97-258,
    Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067.)
      "(p) [Subsec. (p) amended section 711 of former Title 31, Money
    and Finance, and is not set out herein.]"
-FOOTNOTE-
    (!1) So in original. Probably should be "section".
-End-
-CITE-
    33 USC Sec. 1281a                                           01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1281a. Total treatment system funding
-STATUTE-
      Notwithstanding any other provision of law, in any case where the
    Administrator of the Environmental Protection Agency finds that the
    total of all grants made under section 1281 of this title for the
    same treatment works exceeds the actual construction costs for such
    treatment works (as defined in this chapter) such excess amount
    shall be a grant of the Federal share (as defined in this chapter)
    of the cost of construction of a sewage collection system if -
        (1) such sewage collection system was constructed as part of
      the same total treatment system as the treatment works for which
      such grants under section 1281 of this title were approved, and
        (2) an application for assistance for the construction of such
      sewage collection system was filed in accordance with section
      3102 of title 42 before all such grants under section 1281 of
      this title were made and such grant under section 3102 of title
      42 could not be approved due to lack of funding under such
      section 3102 of title 42.
    The total of all grants for sewage collection systems made under
    this section shall not exceed $2,800,000.
-SOURCE-
    (Pub. L. 95-217, Sec. 78, Dec. 27, 1977, 91 Stat. 1611.)
-REFTEXT-
                            REFERENCES IN TEXT
      Section 3102 of title 42, referred to in par. (2), was omitted
    from the Code pursuant to section 5316 of Title 42, The Public
    Health and Welfare, which terminated the authority to make grants
    or loans under that section after Jan. 1, 1975.
-COD-
                               CODIFICATION
      Section was enacted as part of the Clean Water Act of 1977, Pub.
    L. 95-217, and not as part of the Federal Water Pollution Control
    Act which comprises this chapter.
-End-
-CITE-
    33 USC Sec. 1281b                                           01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1281b. Availability of Farmers Home Administration funds for
      non-Federal share
-STATUTE-
      Notwithstanding any other provision of law, Federal assistance
    made available by the Farmers Home Administration to any political
    subdivision of a State may be used to provide the non-Federal share
    of the cost of any construction project carried out under section
    1281 of this title.
-SOURCE-
    (Pub. L. 100-4, title II, Sec. 202(f), Feb. 4, 1987, 101 Stat. 16.)
-COD-
                               CODIFICATION
      Section was enacted as part of the Water Quality Act of 1987, and
    not as part of the Federal Water Pollution Control Act which
    comprises this chapter.
-End-
-CITE-
    33 USC Sec. 1282                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1282. Federal share
-STATUTE-
    (a) Amount of grants for treatment works
      (1) The amount of any grant for treatment works made under this
    chapter from funds authorized for any fiscal year beginning after
    June 30, 1971, and ending before October 1, 1984, shall be 75 per
    centum of the cost of construction thereof (as approved by the
    Administrator), and for any fiscal year beginning on or after
    October 1, 1984, shall be 55 per centum of the cost of construction
    thereof (as approved by the Administrator), unless modified to a
    lower percentage rate uniform throughout a State by the Governor of
    that State with the concurrence of the Administrator. Within ninety
    days after October 21, 1980, the Administrator shall issue
    guidelines for concurrence in any such modification, which shall
    provide for the consideration of the unobligated balance of sums
    allocated to the State under section 1285 of this title, the need
    for assistance under this subchapter in such State, and the
    availability of State grant assistance to replace the Federal share
    reduced by such modification. The payment of any such reduced
    Federal share shall not constitute an obligation on the part of the
    United States or a claim on the part of any State or grantee to
    reimbursement for the portion of the Federal share reduced in any
    such State. Any grant (other than for reimbursement) made prior to
    October 18, 1972, from any funds authorized for any fiscal year
    beginning after June 30, 1971, shall, upon the request of the
    applicant, be increased to the applicable percentage under this
    section. Notwithstanding the first sentence of this paragraph, in
    any case where a primary, secondary, or advanced waste treatment
    facility or its related interceptors or a project for infiltration-
    in-flow correction has received a grant for erection, building,
    acquisition, alteration, remodeling, improvement, extension, or
    correction before October 1, 1984, all segments and phases of such
    facility, interceptors, and project for infiltration-in-flow
    correction shall be eligible for grants at 75 per centum of the
    cost of construction thereof for any grant made pursuant to a State
    obligation which obligation occurred before October 1, 1990.
    Notwithstanding the first sentence of this paragraph, in the case
    of a project for which an application for a grant under this
    subchapter has been made to the Administrator before October 1,
    1984, and which project is under judicial injunction on such date
    prohibiting its construction, such project shall be eligible for
    grants at 75 percent of the cost of construction thereof.
    Notwithstanding the first sentence of this paragraph, in the case
    of the Wyoming Valley Sanitary Authority project mandated by
    judicial order under a proceeding begun prior to October 1, 1984,
    and a project for wastewater treatment for Altoona, Pennsylvania,
    such projects shall be eligible for grants at 75 percent of the
    cost of construction thereof.
      (2) The amount of any grant made after September 30, 1978, and
    before October 1, 1981, for any eligible treatment works or
    significant portion thereof utilizing innovative or alternative
    wastewater treatment processes and techniques referred to in
    section 1281(g)(5) of this title shall be 85 per centum of the cost
    of construction thereof, unless modified by the Governor of the
    State with the concurrence of the Administrator to a percentage
    rate no less than 15 per centum greater than the modified uniform
    percentage rate in which the Administrator has concurred pursuant
    to paragraph (1) of this subsection. The amount of any grant made
    after September 30, 1981, for any eligible treatment works or unit
    processes and techniques thereof utilizing innovative or
    alternative wastewater treatment processes and techniques referred
    to in section 1281(g)(5) of this title shall be a percentage of the
    cost of construction thereof equal to 20 per centum greater than
    the percentage in effect under paragraph (1) of this subsection for
    such works or unit processes and techniques, but in no event
    greater than 85 per centum of the cost of construction thereof. No
    grant shall be made under this paragraph for construction of a
    treatment works in any State unless the proportion of the State
    contribution to the non-Federal share of construction costs for all
    treatment works in such State receiving a grant under this
    paragraph is the same as or greater than the proportion of the
    State contribution (if any) to the non-Federal share of
    construction costs for all treatment works receiving grants in such
    State under paragraph (1) of this subsection.
      (3) In addition to any grant made pursuant to paragraph (2) of
    this subsection, the Administrator is authorized to make a grant to
    fund all of the costs of the modification or replacement of any
    facilities constructed with a grant made pursuant to paragraph (2)
    if the Administrator finds that such facilities have not met design
    performance specifications unless such failure is attributable to
    negligence on the part of any person and if such failure has
    significantly increased capital or operating and maintenance
    expenditures. In addition, the Administrator is authorized to make
    a grant to fund all of the costs of the modification or replacement
    of biodisc equipment (rotating biological contactors) in any
    publicly owned treatment works if the Administrator finds that such
    equipment has failed to meet design performance specifications,
    unless such failure is attributable to negligence on the part of
    any person, and if such failure has significantly increased capital
    or operating and maintenance expenditures.
      (4) For the purposes of this section, the term "eligible
    treatment works" means those treatment works in each State which
    meet the requirements of section 1281(g)(5) of this title and which
    can be fully funded from funds available for such purpose in such
    State.
    (b) Amount of grants for construction of treatment works not
      commenced prior to July 1, 1971
      The amount of the grant for any project approved by the
    Administrator after January 1, 1971, and before July 1, 1971, for
    the construction of treatment works, the actual erection, building
    or acquisition of which was not commenced prior to July 1, 1971,
    shall, upon the request of the applicant, be increased to the
    applicable percentage under subsection (a) of this section for
    grants for treatment works from funds for fiscal years beginning
    after June 30, 1971, with respect to the cost of such actual
    erection, building, or acquisition. Such increased amount shall be
    paid from any funds allocated to the State in which the treatment
    works is located without regard to the fiscal year for which such
    funds were authorized. Such increased amount shall be paid for such
    project only if -
        (1) a sewage collection system that is a part of the same total
      waste treatment system as the treatment works for which such
      grant was approved is under construction or is to be constructed
      for use in conjunction with such treatment works, and if the cost
      of such sewage collection system exceeds the cost of such
      treatment works, and
        (2) the State water pollution control agency or other
      appropriate State authority certifies that the quantity of
      available ground water will be insufficient, inadequate, or
      unsuitable for public use, including the ecological preservation
      and recreational use of surface water bodies, unless effluents
      from publicly-owned treatment works after adequate treatment are
      returned to the ground water consistent with acceptable
      technological standards.
    (c) Availability of sums allotted to Puerto Rico
      Notwithstanding any other provision of law, sums allotted to the
    Commonwealth of Puerto Rico under section 1285 of this title for
    fiscal year 1981 shall remain available for obligation for the
    fiscal year for which authorized and for the period of the next
    succeeding twenty-four months. Such sums and any unobligated funds
    available to Puerto Rico from allotments for fiscal years ending
    prior to October 1, 1981, shall be available for obligation by the
    Administrator of the Environmental Protection Agency only to fund
    the following systems: Aguadilla, Arecibo, Mayaguez, Carolina, and
    Camuy Hatillo. These funds may be used by the commonwealth of
    Puerto Rico to fund the non-Federal share of the costs of such
    projects. To the extent that these funds are used to pay the non-
    Federal share, the Commonwealth of Puerto Rico shall repay to the
    Environmental Protection Agency such amounts on terms and
    conditions developed and approved by the Administrator in
    consultation with the Governor of the Commonwealth of Puerto Rico.
    Agreement on such terms and conditions, including the payment of
    interest to be determined by the Secretary of the Treasury, shall
    be reached prior to the use of these funds for the Commonwealth's
    non-Federal share. No Federal funds awarded under this provision
    shall be used to replace local governments funds previously
    expended on these projects.
-SOURCE-
    (June 30, 1948, ch. 758, title II, Sec. 202, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 834; amended Pub. L. 95-217,
    Sec. 17, Dec. 27, 1977, 91 Stat. 1571; Pub. L. 96-483, Sec. 9, Oct.
    21, 1980, 94 Stat. 2362; Pub. L. 97-117, Secs. 7, 8(a), (b), Dec.
    29, 1981, 95 Stat. 1625; Pub. L. 97-357, title V, Sec. 501, Oct.
    19, 1982, 96 Stat. 1712; Pub. L. 100-4, title II, Sec. 202(a)-(d),
    Feb. 4, 1987, 101 Stat. 15, 16.)
-MISC1-
                                AMENDMENTS
      1987 - Subsec. (a)(1). Pub. L. 100-4, Sec. 202(a), inserted "for
    any grant made pursuant to a State obligation which obligation
    occurred before October 1, 1990" before period at end of last
    sentence.
      Pub. L. 100-4, Sec. 202(b), inserted at end "Notwithstanding the
    first sentence of this paragraph, in the case of a project for
    which an application for a grant under this subchapter has been
    made to the Administrator before October 1, 1984, and which project
    is under judicial injunction on such date prohibiting its
    construction, such project shall be eligible for grants at 75
    percent of the cost of construction thereof."
      Pub. L. 100-4, Sec. 202(c), inserted at end "Notwithstanding the
    first sentence of this paragraph, in the case of the Wyoming Valley
    Sanitary Authority project mandated by judicial order under a
    proceeding begun prior to October 1, 1984, and a project for
    wastewater treatment for Altoona, Pennsylvania, such projects shall
    be eligible for grants at 75 percent of the cost of construction
    thereof."
      Subsec. (a)(3). Pub. L. 100-4, Sec. 202(d), inserted at end "In
    addition, the Administrator is authorized to make a grant to fund
    all of the costs of the modification or replacement of biodisc
    equipment (rotating biological contactors) in any publicly owned
    treatment works if the Administrator finds that such equipment has
    failed to meet design performance specifications, unless such
    failure is attributable to negligence on the part of any person,
    and if such failure has significantly increased capital or
    operating and maintenance expenditures."
      1982 - Subsec. (c). Pub. L. 97-357 added subsec. (c).
      1981 - Subsec. (a)(1). Pub. L. 97-117, Sec. 7, inserted "and
    ending before October 30, 1984," after "June 30, 1971," and "and
    for any fiscal year beginning on or after October 1, 1984, shall be
    55 per centum of the cost of construction thereof (as approved by
    the Administrator)," after "(as approved by the Administrator),"
    and provision that notwithstanding first sentence of this
    paragraph, in any case where primary, secondary, or advanced waste
    treatment facility or its related interceptors or a project for
    infiltration-in-flow correction has received a grant for building,
    acquisition, etc., before Oct. 1, 1984, all segments and phases be
    eligible for grants at 75 per centum of the cost of construction.
      Subsec. (a)(2). Pub. L. 97-117, Sec. 8(a), inserted provision
    that the amount of any grant made after Sept. 30, 1981, for any
    eligible treatment works or unit processes or techniques, utilizing
    innovative or alternative wastewater treatment processes or
    techniques referred to in section 1281(g)(5) of this title be a
    percentage of the cost of construction equal to 20 per centum
    greater than the percentage in effect under par. (1) of this
    subsection, but in no event greater than 85 per centum of the cost
    of construction.
      Subsec. (a)(4). Pub. L. 97-117, Sec. 8(b), struck out "in the
    fiscal years ending September 30, 1979, September 30, 1980, and
    September 30, 1981" after "purpose in such State" and provision
    that excluded from term "eligible treatment works" collector
    sewers, interceptors, storm or sanitary sewers or the separation
    thereof, or major sewer rehabilitation.
      1980 - Subsec. (a)(1). Pub. L. 96-483, Sec. 9(a), inserted
    provisions relating to modification to a lower percentage rate by
    the Governor of the State and issuance of guidelines by the
    Administrator for the concurrence in any such modification.
      Subsec. (a)(2). Pub. L. 96-483, Sec. 9(b), inserted provision
    relating to the modification by the Governor of the State to a
    percentage rate no less than 15 per centum greater than the
    modified uniform rate in which the Administrator has concurred.
      1977 - Subsec. (a). Pub. L. 95-217 designated existing provisions
    as par. (1) and added pars. (2) to (4).
                      PROMULGATION OF FEDERAL SHARES
      Act July 9, 1956, ch. 518, Sec. 4, 70 Stat. 507, authorized the
    Surgeon General to promulgate Federal shares under the Federal
    Water Pollution Control Grant Program as soon as possible after
    July 9, 1956, in the manner specified in the Water Pollution
    Control Act, act June 30, 1948, ch. 758, 62 Stat. 1155, and
    provided that such shares were to be conclusive for the purposes of
    section 5 of act June 30, 1948.
-End-
-CITE-
    33 USC Sec. 1283                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1283. Plans, specifications, estimates, and payments
-STATUTE-
    (a) Submission; contractual nature of approval by Administrator;
      agreement on eligible costs; single grant
      (1) Each applicant for a grant shall submit to the Administrator
    for his approval, plans, specifications, and estimates for each
    proposed project for the construction of treatment works for which
    a grant is applied for under section 1281(g)(1) of this title from
    funds allotted to the State under section 1285 of this title and
    which otherwise meets the requirements of this chapter. The
    Administrator shall act upon such plans, specifications, and
    estimates as soon as practicable after the same have been
    submitted, and his approval of any such plans, specifications, and
    estimates shall be deemed a contractual obligation of the United
    States for the payment of its proportional contribution to such
    project.
      (2) Agreement on eligible costs. -
        (A) Limitation on modifications. - Before taking final action
      on any plans, specifications, and estimates submitted under this
      subsection after the 60th day following February 4, 1987, the
      Administrator shall enter into a written agreement with the
      applicant which establishes and specifies which items of the
      proposed project are eligible for Federal payments under this
      section. The Administrator may not later modify such eligibility
      determinations unless they are found to have been made in
      violation of applicable Federal statutes and regulations.
        (B) Limitation on effect. - Eligibility determinations under
      this paragraph shall not preclude the Administrator from auditing
      a project pursuant to section 1361 of this title, or other
      authority, or from withholding or recovering Federal funds for
      costs which are found to be unreasonable, unsupported by adequate
      documentation, or otherwise unallowable under applicable Federal
      cost principles, or which are incurred on a project which fails
      to meet the design specifications or effluent limitations
      contained in the grant agreement and permit pursuant to section
      1342 of this title for such project.
      (3) In the case of a treatment works that has an estimated total
    cost of $8,000,000 or less (as determined by the Administrator),
    and the population of the applicant municipality is twenty-five
    thousand or less (according to the most recent United States
    census), upon completion of an approved facility plan, a single
    grant may be awarded for the combined Federal share of the cost of
    preparing construction plans and specifications, and the building
    and erection of the treatment works.
    (b) Periodic payments
      The Administrator shall, from time to time as the work
    progresses, make payments to the recipient of a grant for costs of
    construction incurred on a project. These payments shall at no time
    exceed the Federal share of the cost of construction incurred to
    the date of the voucher covering such payment plus the Federal
    share of the value of the materials which have been stockpiled in
    the vicinity of such construction in conformity to plans and
    specifications for the project.
    (c) Final payments
      After completion of a project and approval of the final voucher
    by the Administrator, he shall pay out of the appropriate sums the
    unpaid balance of the Federal share payable on account of such
    project.
    (d) Projects eligible
      Nothing in this chapter shall be construed to require, or to
    authorize the Administrator to require, that grants under this
    chapter for construction of treatment works be made only for
    projects which are operable units usable for sewage collection,
    transportation, storage, waste treatment, or for similar purposes
    without additional construction.
    (e) Technical and legal assistance in administration and
      enforcement of contracts; intervention in civil actions
      At the request of a grantee under this subchapter, the
    Administrator is authorized to provide technical and legal
    assistance in the administration and enforcement of any contract in
    connection with treatment works assisted under this subchapter, and
    to intervene in any civil action involving the enforcement of such
    a contract.
    (f) Design/build projects
      (1) Agreement
        Consistent with State law, an applicant who proposes to
      construct waste water treatment works may enter into an agreement
      with the Administrator under this subsection providing for the
      preparation of construction plans and specifications and the
      erection of such treatment works, in lieu of proceeding under the
      other provisions of this section.
      (2) Limitation on projects
        Agreements under this subsection shall be limited to projects
      under an approved facility plan which projects are -
          (A) treatment works that have an estimated total cost of
        $8,000,000 or less; and
          (B) any of the following types of waste water treatment
        systems: aerated lagoons, trickling filters, stabilization
        ponds, land application systems, sand filters, and subsurface
        disposal systems.
      (3) Required terms
        An agreement entered into under this subsection shall -
          (A) set forth an amount agreed to as the maximum Federal
        contribution to the project, based upon a competitively bid
        document of basic design data and applicable standard
        construction specifications and a determination of the
        federally eligible costs of the project at the applicable
        Federal share under section 1282 of this title;
          (B) set forth dates for the start and completion of
        construction of the treatment works by the applicant and a
        schedule of payments of the Federal contribution to the
        project;
          (C) contain assurances by the applicant that (i) engineering
        and management assistance will be provided to manage the
        project; (ii) the proposed treatment works will be an operable
        unit and will meet all the requirements of this subchapter; and
        (iii) not later than 1 year after the date specified as the
        date of completion of construction of the treatment works, the
        treatment works will be operating so as to meet the
        requirements of any applicable permit for such treatment works
        under section 1342 of this title;
          (D) require the applicant to obtain a bond from the
        contractor in an amount determined necessary by the
        Administrator to protect the Federal interest in the project;
        and
          (E) contain such other terms and conditions as are necessary
        to assure compliance with this subchapter (except as provided
        in paragraph (4) of this subsection).
      (4) Limitation on application
        Subsections (a), (b), and (c) of this section shall not apply
      to grants made pursuant to this subsection.
      (5) Reservation to assure compliance
        The Administrator shall reserve a portion of the grant to
      assure contract compliance until final project approval as
      defined by the Administrator. If the amount agreed to under
      paragraph (3)(A) exceeds the cost of designing and constructing
      the treatment works, the Administrator shall reallot the amount
      of the excess to the State in which such treatment works are
      located for the fiscal year in which such audit is completed.
      (6) Limitation on obligations
        The Administrator shall not obligate more than 20 percent of
      the amount allotted to a State for a fiscal year under section
      1285 of this title for grants pursuant to this subsection.
      (7) Allowance
        The Administrator shall determine an allowance for facilities
      planning for projects constructed under this subsection in
      accordance with section 1281(l) of this title.
      (8) Limitation on Federal contributions
        In no event shall the Federal contribution for the cost of
      preparing construction plans and specifications and the building
      and erection of treatment works pursuant to this subsection
      exceed the amount agreed upon under paragraph (3).
      (9) Recovery action
        In any case in which the recipient of a grant made pursuant to
      this subsection does not comply with the terms of the agreement
      entered into under paragraph (3), the Administrator is authorized
      to take such action as may be necessary to recover the amount of
      the Federal contribution to the project.
      (10) Prevention of double benefits
        A recipient of a grant made pursuant to this subsection shall
      not be eligible for any other grants under this subchapter for
      the same project.
-SOURCE-
    (June 30, 1948, ch. 758, title II, Sec. 203, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 835; amended Pub. L. 93-243,
    Sec. 2, Jan. 2, 1974, 87 Stat. 1069; Pub. L. 95-217, Secs. 18, 19,
    Dec. 27, 1977, 91 Stat. 1571, 1572; Pub. L. 96-483, Sec. 6, Oct.
    21, 1980, 94 Stat. 2362; Pub. L. 97-117, Sec. 9, Dec. 29, 1981, 95
    Stat. 1626; Pub. L. 100-4, title II, Secs. 203, 204, Feb. 4, 1987,
    101 Stat. 16, 17.)
-MISC1-
                                AMENDMENTS
      1987 - Subsec. (a). Pub. L. 100-4, Sec. 203, designated provision
    relating to submission of plans, specifications, and estimates, and
    provision relating to contractual nature of approval by
    Administrator as par. (1), designated provision relating to
    requirements for awarding single grant for combined Federal share
    of cost of preparing plans and specifications, and building and
    erection of treatment works as par. (3), and added par. (2).
      Subsec. (f). Pub. L. 100-4, Sec. 204, added subsec. (f).
      1981 - Subsec. (a). Pub. L. 97-117 substituted "$8,000,000" for
    "$4,000,000" and struck out provision that, if any State is found
    by the Administrator to have unusually high costs of construction,
    the Administrator may authorize a single grant where the estimated
    total cost of the treatment works does not exceed $5,000,000.
      1980 - Subsec. (a). Pub. L. 96-483 substituted "$4,000,000" and
    "$5,000,000" for "$2,000,000" and "$3,000,000", respectively.
      1977 - Subsec. (a). Pub. L. 95-217, Sec. 18, provided that, in
    the case of a treatment works that has an estimated total cost of
    $2,000,000 or less (as determined by the Administrator), and the
    population of the applicant municipality is twenty-five thousand or
    less (according to the most recent United States census), upon
    completion of an approved facility plan, a single grant may be
    awarded for the combined Federal share of the cost of preparing
    construction plans and specifications, and the building and
    erection of the treatment works, and that, if any State is found by
    the Administrator to have unusually high costs of construction, the
    Administrator may authorize a single grant where the estimated
    total cost of the treatment works does not exceed $3,000,000.
      Subsec. (e). Pub. L. 95-217, Sec. 19, added subsec. (e).
      1974 - Subsec. (d). Pub. L. 93-243 added subsec. (d).
-End-
-CITE-
    33 USC Sec. 1284                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1284. Limitations and conditions
-STATUTE-
    (a) Determinations by Administrator
      Before approving grants for any project for any treatment works
    under section 1281(g)(1) of this title the Administrator shall
    determine -
        (1) that any required areawide waste treatment management plan
      under section 1288 of this title (A) is being implemented for
      such area and the proposed treatment works are included in such
      plan, or (B) is being developed for such area and reasonable
      progress is being made toward its implementation and the proposed
      treatment works will be included in such plan;
        (2) that (A) the State in which the project is to be located
      (i) is implementing any required plan under section 1313(e) of
      this title and the proposed treatment works are in conformity
      with such plan, or (ii) is developing such a plan and the
      proposed treatment works will be in conformity with such plan,
      and (B) such State is in compliance with section 1315(b) of this
      title;
        (3) that such works have been certified by the appropriate
      State water pollution control agency as entitled to priority over
      such other works in the State in accordance with any applicable
      State plan under section 1313(e) of this title, except that any
      priority list developed pursuant to section 1313(e)(3)(H) of this
      title may be modified by such State in accordance with
      regulations promulgated by the Administrator to give higher
      priority for grants for the Federal share of the cost of
      preparing construction drawings and specifications for any
      treatment works utilizing processes and techniques meeting the
      guidelines promulgated under section 1314(d)(3) of this title and
      for grants for the combined Federal share of the cost of
      preparing construction drawings and specifications and the
      building and erection of any treatment works meeting the
      requirements of the next to the last sentence of section 1283(a)
      of this title which utilizes processes and techniques meeting the
      guidelines promulgated under section 1314(d)(3) of this
      title.(!1)
        (4) that the applicant proposing to construct such works agrees
      to pay the non-Federal costs of such works and has made adequate
      provisions satisfactory to the Administrator for assuring proper
      and efficient operation, including the employment of trained
      management and operations personnel, and the maintenance of such
      works in accordance with a plan of operation approved by the
      State water pollution control agency or, as appropriate, the
      interstate agency, after construction thereof;
        (5) that the size and capacity of such works relate directly to
      the needs to be served by such works, including sufficient
      reserve capacity. The amount of reserve capacity provided shall
      be approved by the Administrator on the basis of a comparison of
      the cost of constructing such reserves as a part of the works to
      be funded and the anticipated cost of providing expanded capacity
      at a date when such capacity will be required, after taking into
      account, in accordance with regulations promulgated by the
      Administrator, efforts to reduce total flow of sewage and
      unnecessary water consumption. The amount of reserve capacity
      eligible for a grant under this subchapter shall be determined by
      the Administrator taking into account the projected population
      and associated commercial and industrial establishments within
      the jurisdiction of the applicant to be served by such treatment
      works as identified in an approved facilities plan, an areawide
      plan under section 1288 of this title, or an applicable municipal
      master plan of development. For the purpose of this paragraph,
      section 1288 of this title, and any such plan, projected
      population shall be determined on the basis of the latest
      information available from the United States Department of
      Commerce or from the States as the Administrator, by regulation,
      determines appropriate. Beginning October 1, 1984, no grant shall
      be made under this subchapter to construct that portion of any
      treatment works providing reserve capacity in excess of existing
      needs (including existing needs of residential, commercial,
      industrial, and other users) on the date of approval of a grant
      for the erection, building, acquisition, alteration, remodeling,
      improvement, or extension of a project for secondary treatment or
      more stringent treatment or new interceptors and appurtenances,
      except that in no event shall reserve capacity of a facility and
      its related interceptors to which this subsection applies be in
      excess of existing needs on October 1, 1990. In any case in which
      an applicant proposes to provide reserve capacity greater than
      that eligible for Federal financial assistance under this
      subchapter, the incremental costs of the additional reserve
      capacity shall be paid by the applicant;
        (6) that no specification for bids in connection with such
      works shall be written in such a manner as to contain
      proprietary, exclusionary, or discriminatory requirements other
      than those based upon performance, unless such requirements are
      necessary to test or demonstrate a specific thing or to provide
      for necessary interchangeability of parts and equipment. When in
      the judgment of the grantee, it is impractical or uneconomical to
      make a clear and accurate description of the technical
      requirements, a "brand name or equal" description may be used as
      a means to define the performance or other salient requirements
      of a procurement, and in doing so the grantee need not establish
      the existence of any source other than the brand or source so
      named.
    (b) Additional determinations; issuance of guidelines; approval by
      Administrator; system of charges
      (1) Notwithstanding any other provision of this subchapter, the
    Administrator shall not approve any grant for any treatment works
    under section 1281(g)(1) of this title after March 1, 1973, unless
    he shall first have determined that the applicant (A) has adopted
    or will adopt a system of charges to assure that each recipient of
    waste treatment services within the applicant's jurisdiction, as
    determined by the Administrator, will pay its proportionate share
    (except as otherwise provided in this paragraph) of the costs of
    operation and maintenance (including replacement) of any waste
    treatment services provided by the applicant; and (B) has legal,
    institutional, managerial, and financial capability to insure
    adequate construction, operation, and maintenance of treatment
    works throughout the applicant's jurisdiction, as determined by the
    Administrator. In any case where an applicant which, as of December
    27, 1977, uses a system of dedicated ad valorem taxes and the
    Administrator determines that the applicant has a system of charges
    which results in the distribution of operation and maintenance
    costs for treatment works within the applicant's jurisdiction, to
    each user class, in proportion to the contribution to the total
    cost of operation and maintenance of such works by each user class
    (taking into account total waste water loading of such works, the
    constituent elements of the wastes, and other appropriate factors),
    and such applicant is otherwise in compliance with clause (A) of
    this paragraph with respect to each industrial user, then such
    dedicated ad valorem tax system shall be deemed to be the user
    charge system meeting the requirements of clause (A) of this
    paragraph for the residential user class and such small non-
    residential user classes as defined by the Administrator. In
    defining small non-residential users, the Administrator shall
    consider the volume of wastes discharged into the treatment works
    by such users and the constituent elements of such wastes as well
    as such other factors as he deems appropriate. A system of user
    charges which imposes a lower charge for low-income residential
    users (as defined by the Administrator) shall be deemed to be a
    user charge system meeting the requirements of clause (A) of this
    paragraph if the Administrator determines that such system was
    adopted after public notice and hearing.
      (2) The Administrator shall, within one hundred and eighty days
    after October 18, 1972, and after consultation with appropriate
    State, interstate, municipal, and intermunicipal agencies, issue
    guidelines applicable to payment of waste treatment costs by
    industrial and nonindustrial recipients of waste treatment services
    which shall establish (A) classes of users of such services,
    including categories of industrial users; (B) criteria against
    which to determine the adequacy of charges imposed on classes and
    categories of users reflecting all factors that influence the cost
    of waste treatment, including strength, volume, and delivery flow
    rate characteristics of waste; and (C) model systems and rates of
    user charges typical of various treatment works serving municipal-
    industrial communities.
      (3) Approval by the Administrator of a grant to an interstate
    agency established by interstate compact for any treatment works
    shall satisfy any other requirement that such works be authorized
    by Act of Congress.
      (4) A system of charges which meets the requirement of clause (A)
    of paragraph (1) of this subsection may be based on something other
    than metering the sewage or water supply flow of residential
    recipients of waste treatment services, including ad valorem taxes.
    If the system of charges is based on something other than metering
    the Administrator shall require (A) the applicant to establish a
    system by which the necessary funds will be available for the
    proper operation and maintenance of the treatment works; and (B)
    the applicant to establish a procedure under which the residential
    user will be notified as to that portion of his total payment which
    will be allocated to the cost of the waste treatment services.
    (c) Applicability of reserve capacity restrictions to primary,
      secondary, or advanced waste treatment facilities or related
      interceptors
      The next to the last sentence of paragraph (5) of subsection (a)
    of this section shall not apply in any case where a primary,
    secondary, or advanced waste treatment facility or its related
    interceptors has received a grant for erection, building,
    acquisition, alteration, remodeling, improvement, or extension
    before October 1, 1984, and all segments and phases of such
    facility and interceptors shall be funded based on a 20-year
    reserve capacity in the case of such facility and a 20-year reserve
    capacity in the case of such interceptors, except that, if a grant
    for such interceptors has been approved prior to December 29, 1981,
    such interceptors shall be funded based on the approved reserve
    capacity not to exceed 40 years.
    (d) Engineering requirements; certification by owner and operator;
      contractual assurances, etc.
      (1) A grant for the construction of treatment works under this
    subchapter shall provide that the engineer or engineering firm
    supervising construction or providing architect engineering
    services during construction shall continue its relationship to the
    grant applicant for a period of one year after the completion of
    construction and initial operation of such treatment works. During
    such period such engineer or engineering firm shall supervise
    operation of the treatment works, train operating personnel, and
    prepare curricula and training material for operating personnel.
    Costs associated with the implementation of this paragraph shall be
    eligible for Federal assistance in accordance with this subchapter.
      (2) On the date one year after the completion of construction and
    initial operation of such treatment works, the owner and operator
    of such treatment works shall certify to the Administrator whether
    or not such treatment works meet the design specifications and
    effluent limitations contained in the grant agreement and permit
    pursuant to section 1342 of this title for such works. If the owner
    and operator of such treatment works cannot certify that such
    treatment works meet such design specifications and effluent
    limitations, any failure to meet such design specifications and
    effluent limitations shall be corrected in a timely manner, to
    allow such affirmative certification, at other than Federal
    expense.
      (3) Nothing in this section shall be construed to prohibit a
    grantee under this subchapter from requiring more assurances,
    guarantees, or indemnity or other contractual requirements from any
    party to a contract pertaining to a project assisted under this
    subchapter, than those provided under this subsection.
-SOURCE-
    (June 30, 1948, ch. 758, title II, Sec. 204, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 835; amended Pub. L. 95-217,
    Secs. 20-24, Dec. 27, 1977, 91 Stat. 1572, 1573; Pub. L. 96-483,
    Sec. 2(a), (b), Oct. 21, 1980, 94 Stat. 2360, 2361; Pub. L. 97-117,
    Secs. 10(a), (b), 11, 12, Dec. 29, 1981, 95 Stat. 1626, 1627; Pub.
    L. 100-4, title II, Sec. 205(a)-(c), Feb. 4, 1987, 101 Stat. 18.)
-MISC1-
                                AMENDMENTS
      1987 - Subsec. (a)(1). Pub. L. 100-4, Sec. 205(a), amended par.
    (1) generally. Prior to amendment, par. (1) read as follows: "that
    such works are included in any applicable areawide waste treatment
    management plan developed under section 1288 of this title;".
      Subsec. (a)(2). Pub. L. 100-4, Sec. 205(b), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "that such
    works are in conformity with any applicable State plan under
    section 1313(e) of this title;".
      Subsec. (b)(1). Pub. L. 100-4, Sec. 205(c), inserted at end "A
    system of user charges which imposes a lower charge for low-income
    residential users (as defined by the Administrator) shall be deemed
    to be a user charge system meeting the requirements of clause (A)
    of this paragraph if the Administrator determines that such system
    was adopted after public notice and hearing."
      1981 - Subsec. (a)(5). Pub. L. 97-117, Sec. 10(a), inserted
    provision that beginning Oct. 1, 1984, no grant be made under this
    subchapter to construct that portion of any treatment works
    providing reserve capacity in excess of existing needs on the date
    of approval of a grant for the erection, building, etc., of a
    project for secondary treatment or more stringent treatment or new
    interceptors and appurtenances, except that in no event shall
    reserve capacity of a facility and its related interceptors to
    which this subsection applies be in excess of existing needs on
    Oct. 1, 1990, and that in any case in which an applicant proposes
    to provide reserve capacity greater than that eligible for Federal
    financial assistance under this subchapter, the incremental costs
    of the additional reserve capacity be paid by the applicant.
      Subsec. (a)(6). Pub. L. 97-117, Sec. 11, struck out ", or at
    least two brand names or trade names of comparable quality or
    utility are listed and are followed by the words 'or equal' " after
    "parts and equipment" and inserted provision that when in the
    judgment of the grantee, it is impractical or uneconomical to make
    a clear and accurate description of the technical requirements, a
    "brand name or equal" description be used as a means to define
    performance or other salient requirements of a procurement, and in
    doing so the grantee need not establish the existence of any source
    other than the brand or source so named.
      Subsec. (c). Pub. L. 97-117, Sec. 10(b), added subsec. (c).
      Subsec. (d). Pub. L. 97-117, Sec. 12, added subsec. (d).
      1980 - Subsec. (b)(1). Pub. L. 96-483, Sec. 2(a), redesignated
    cl. (C) as (B). Former cl. (B) relating to payment, as a condition
    of approval of a grant, to an applicant by industrial users of that
    portion of cost of construction allocable to the treatment of such
    industrial waste to the extent attributable to the Federal share of
    the cost of construction, was struck out.
      Subsec. (b)(3) to (6). Pub. L. 96-483, Sec. 2(b), redesignated
    pars. (4) and (5) as (3) and (4), respectively. Former par. (3)
    relating to a formula determining the amount the grantee shall
    retain of the revenues derived from the payment of costs by
    industrial users of waste treatment services, to the extent costs
    are attributable to the Federal share of eligible project costs,
    and former par. (6) relating to the exemption from the requirements
    of par. (1)(B) of industrial users with a flow of twenty-five
    thousand gallons or less per day, were struck out.
      1977 - Subsec. (a)(3). Pub. L. 95-217, Sec. 20, provided that any
    priority list developed pursuant to section 1313(e)(3)(H) of this
    title may be modified by such State in accordance with regulations
    promulgated by the Administrator to give higher priority for grants
    for the Federal share of the cost of preparing construction
    drawings and specifications for any treatment works utilizing
    processes and techniques meeting the guidelines promulgated under
    section 1314(d)(3) of this title and for grants for the combined
    Federal share of the cost of preparing construction drawings and
    specifications and the building and erection of any treatment works
    meeting the requirements of the next to the last sentence of
    section 1283(a) of this title which utilizes processes and
    techniques meeting the guidelines promulgated under section
    1314(d)(3) of this title.
      Subsec. (a)(5). Pub. L. 95-217, Sec. 21, provided that efforts to
    reduce total flow of sewage and unnecessary water consumption be
    taken into account, in accordance with regulations promulgated by
    the Administrator, that the amount of reserve capacity eligible for
    a grant under this subchapter be determined by the Administrator
    taking into account the projected population and associated
    commercial and industrial establishments within the jurisdiction of
    the applicant to be served by such treatment works as identified in
    an approved facilities plan, an areawide plan under section 1288 of
    this title, or an applicable municipal master plan of development,
    and that, for the purpose of this paragraph, section 1288 of this
    title, and any such plan, projected population be determined on the
    basis of the latest information available from the United States
    Department of Commerce or from the States as the Administrator, by
    regulation, determines appropriate.
      Subsec. (b)(1). Pub. L. 95-217, Secs. 22(a)(1), (2), 24(c),
    inserted "(except as otherwise provided in this paragraph)" after
    "proportionate share" in cl. (A) and "(which such portion, in the
    discretion of the applicant, may be recovered from industrial users
    of the total waste treatment system as distinguished from the
    treatment works for which the grant is made)" in cl. (B) and, at
    end of existing provisions, inserted sentences under which a
    dedicated ad valorem tax system is to be deemed the user charge
    system meeting the requirements of cl. (A) for the residential user
    class and such small non-residential user classes as defined by the
    Administrator in cases where an applicant, as of Dec. 27, 1977,
    uses a system of dedicated ad valorem taxes and the Administrator
    determines that the applicant has a system of charges which results
    in the distribution of operation and maintenance costs for
    treatment works within the applicant's jurisdiction, to each user
    class, in proportion to the contribution to the total cost of
    operation and maintenance of such works by each user class (taking
    into account total waste water loading of such works, the
    constituent elements of the wastes, and other appropriate factors),
    and such applicant is otherwise in compliance with cl. (A) of this
    paragraph with respect to each industrial user.
      Subsec. (b)(3). Pub. L. 95-217, Secs. 23, 24(a), substituted
    "necessary for the administrative costs associated with the
    requirement of paragraph (1)(B) of this subsection and future
    expansion" for "necessary for future expansion" in cl. (B) and, at
    end of existing provisions, inserted sentence under which, subject
    to the approval of the Administrator, the following: "Not a grantee
    that received a grant prior to Dec. 27, 1977, may reduce the
    amounts required to be paid to such grantee by any industrial user
    of waste treatment services under such paragraph, if such grantee
    requires such industrial user to adopt other means of reducing the
    demand for waste treatment services through reduction in the total
    flow of sewage or unnecessary water consumption, in proportion to
    such reduction as determined in accordance with regulations
    promulgated by the Administrator".
      Subsec. (b)(5), (6). Pub. L. 95-217, Secs. 22(b), 24(b), added
    pars. (5) and (6).
                     EFFECTIVE DATE OF 1987 AMENDMENT
      Section 205(d) of Pub. L. 100-4 provided that: "This section
    [amending this section] shall take effect on the date of the
    enactment of this Act [Feb. 4, 1987], except that the amendments
    made by subsections (a) and (b) [amending this section] shall take
    effect on the last day of the two-year period beginning on such
    date of enactment."
                     EFFECTIVE DATE OF 1980 AMENDMENT
      Amendment by Pub. L. 96-483 effective Dec. 27, 1977, see section
    2(g) of Pub. L. 96-483, set out as a note under section 1281 of
    this title.
    ELIMINATION OF INAPPLICABLE CONDITIONS OR REQUIREMENTS FROM CERTAIN
                                  GRANTS
      Section 2(c) of Pub. L. 96-483 provided that: "The Administrator
    of the Environmental Protection Agency shall take such action as
    may be necessary to remove from any grant made under section
    201(g)(1) of the Federal Water Pollution Control Act [section
    1281(g)(1) of this title] after March 1, 1973, and prior to the
    date of enactment of this Act [Oct. 21, 1980], any condition or
    requirement no longer applicable as a result of the repeals made by
    subsections (a) and (b) of this section [amending subsec. (b) of
    this section] or release any grant recipient of the obligations
    established by such conditions or other requirement."
      Section 2(c) of Pub. L. 96-483, set out above, effective Dec. 27,
    1977, see section 2(g) of Pub. L. 96-483, set out as an Effective
    Date of 1980 Amendment note under section 1281 of this title.
      COST RECOVERY; SUSPENSION OF GRANT REQUIREMENTS THAT INDUSTRIAL
                            USERS MAKE PAYMENTS
      Section 75 of Pub. L. 95-217, as amended by Pub. L. 96-148, Sec.
    1, Dec. 16, 1979, 93 Stat. 1088; Pub. L. 96-483, Sec. 2(f), Oct.
    21, 1980, 94 Stat. 2361, directed Administrator of Environmental
    Protection Agency to study and report to Congress not later than
    last day of twelfth month which begins after Dec. 27, 1977, cost
    recovery procedures from industrial users of treatment works to the
    extent construction costs are attributable to the Federal share of
    the cost of construction.
-FOOTNOTE-
    (!1) So in original. The period probably should be a semicolon.
-End-
-CITE-
    33 USC Sec. 1285                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1285. Allotment of grant funds
-STATUTE-
    (a) Funds for fiscal years during period June 30, 1972, and
      September 30, 1977; determination of amount
      Sums authorized to be appropriated pursuant to section 1287 of
    this title for each fiscal year beginning after June 30, 1972, and
    before September 30, 1977, shall be allotted by the Administrator
    not later than the January 1st immediately preceding the beginning
    of the fiscal year for which authorized, except that the allotment
    for fiscal year 1973 shall be made not later than 30 days after
    October 18, 1972. Such sums shall be allotted among the States by
    the Administrator in accordance with regulations promulgated by
    him, in the ratio that the estimated cost of constructing all
    needed publicly owned treatment works in each State bears to the
    estimated cost of construction of all needed publicly owned
    treatment works in all of the States. For the fiscal years ending
    June 30, 1973, and June 30, 1974, such ratio shall be determined on
    the basis of table III of House Public Works Committee Print No. 92-
    50. For the fiscal year ending June 30, 1975, such ratio shall be
    determined one-half on the basis of table I of House Public Works
    Committee Print Numbered 93-28 and one-half on the basis of table
    II of such print, except that no State shall receive an allotment
    less than that which it received for the fiscal year ending June
    30, 1972, as set forth in table III of such print. Allotments for
    fiscal years which begin after the fiscal year ending June 30,
    1975, shall be made only in accordance with a revised cost estimate
    made and submitted to Congress in accordance with section 1375(b)
    of this title and only after such revised cost estimate shall have
    been approved by law specifically enacted after October 18, 1972.
    (b) Availability and use of funds allotted for fiscal years during
      period June 30, 1972, and September 30, 1977; reallotment
      (1) Any sums allotted to a State under subsection (a) of this
    section shall be available for obligation under section 1283 of
    this title on and after the date of such allotment. Such sums shall
    continue available for obligation in such State for a period of one
    year after the close of the fiscal year for which such sums are
    authorized. Any amounts so allotted which are not obligated by the
    end of such one-year period shall be immediately reallotted by the
    Administrator, in accordance with regulations promulgated by him,
    generally on the basis of the ratio used in making the last
    allotment of sums under this section. Such reallotted sums shall be
    added to the last allotments made to the States. Any sum made
    available to a State by reallotment under this subsection shall be
    in addition to any funds otherwise allotted to such State for
    grants under this subchapter during any fiscal year.
      (2) Any sums which have been obligated under section 1283 of this
    title and which are released by the payment of the final voucher
    for the project shall be immediately credited to the State to which
    such sums were last allotted. Such released sums shall be added to
    the amounts last allotted to such State and shall be immediately
    available for obligation in the same manner and to the same extent
    as such last allotment.
    (c) Funds for fiscal years during period October 1, 1977, and
      September 30, 1981; funds for fiscal years 1982 to 1990;
      determination of amount
      (1) Sums authorized to be appropriated pursuant to section 1287
    of this title for the fiscal years during the period beginning
    October 1, 1977, and ending September 30, 1981, shall be allotted
    for each such year by the Administrator not later than the tenth
    day which begins after December 27, 1977. Notwithstanding any other
    provision of law, sums authorized for the fiscal years ending
    September 30, 1978, September 30, 1979, September 30, 1980, and
    September 30, 1981, shall be allotted in accordance with table 3 of
    Committee Print Numbered 95-30 of the Committee on Public Works and
    Transportation of the House of Representatives.
      (2) Sums authorized to be appropriated pursuant to section 1287
    of this title for the fiscal years 1982, 1983, 1984, and 1985 shall
    be allotted for each such year by the Administrator not later than
    the tenth day which begins after December 29, 1981. Notwithstanding
    any other provision of law, sums authorized for the fiscal year
    ending September 30, 1982, shall be allotted in accordance with
    table 3 of Committee Print Numbered 95-30 of the Committee on
    Public Works and Transportation of the House of Representatives.
    Sums authorized for the fiscal years ending September 30, 1983,
    September 30, 1984, September 30, 1985, and September 30, 1986,
    shall be allotted in accordance with the following table:
                       States:                        Fiscal years 1983
                                                      through 1985 (!1)
    --------------------------------------------------------------------
        Alabama                                                  .011398
        Alaska                                                   .006101
        Arizona                                                  .006885
        Arkansas                                                 .006668
        California                                               .072901
        Colorado                                                 .008154
        Connecticut                                              .012487
        Delaware                                                 .004965
        District of Columbia                                     .004965
        Florida                                                  .034407
        Georgia                                                  .017234
        Hawaii                                                   .007895
        Idaho                                                    .004965
        Illinois                                                 .046101
        Indiana                                                  .024566
        Iowa                                                     .013796
        Kansas                                                   .009201
        Kentucky                                                 .012973
        Louisiana                                                .011205
        Maine                                                    .007788
        Maryland                                                 .024653
        Massachusetts                                            .034608
        Michigan                                                 .043829
        Minnesota                                                .018735
        Mississippi                                              .009184
        Missouri                                                 .028257
        Montana                                                  .004965
        Nebraska                                                 .005214
        Nevada                                                   .004965
        New Hampshire                                            .010186
        New Jersey                                               .041654
        New Mexico                                               .004965
        New York                                                 .113097
        North Carolina                                           .018396
        North Dakota                                             .004965
        Ohio                                                     .057383
        Oklahoma                                                 .008235
        Oregon                                                   .011515
        Pennsylvania                                             .040377
        Rhode Island                                             .006750
        South Carolina                                           .010442
        South Dakota                                             .004965
        Tennessee                                                .014807
        Texas                                                    .038726
        Utah                                                     .005371
        Vermont                                                  .004965
        Virginia                                                 .020861
        Washington                                               .017726
        West Virginia                                            .015890
        Wisconsin                                                .027557
        Wyoming                                                  .004965
        Samoa                                                    .000915
        Guam                                                     .000662
        Northern Marianas                                        .000425
        Puerto Rico                                              .013295
        Pacific Trust Territories                                .001305
        Virgin Islands                                           .000531
                                                     -------------------
          United States totals                                   .999996
    --------------------------------------------------------------------
      (3) Fiscal years 1987-1990. - Sums authorized to be appropriated
    pursuant to section 1287 of this title for the fiscal years 1987,
    1988, 1989, and 1990 shall be allotted for each such year by the
    Administrator not later than the 10th day which begins after
    February 4, 1987. Sums authorized for such fiscal years shall be
    allotted in accordance with the following table:
                        States:
    --------------------------------------------------------------------
        Alabama                                                  .011309
        Alaska                                                   .006053
        Arizona                                                  .006831
        Arkansas                                                 .006616
        California                                               .072333
        Colorado                                                 .008090
        Connecticut                                              .012390
        Delaware                                                 .004965
        District of Columbia                                     .004965
        Florida                                                  .034139
        Georgia                                                  .017100
        Hawaii                                                   .007833
        Idaho                                                    .004965
        Illinois                                                 .045741
        Indiana                                                  .024374
        Iowa                                                     .013688
        Kansas                                                   .009129
        Kentucky                                                 .012872
        Louisiana                                                .011118
        Maine                                                    .007829
        Maryland                                                 .024461
        Massachusetts                                            .034338
        Michigan                                                 .043487
        Minnesota                                                .018589
        Mississippi                                              .009112
        Missouri                                                 .028037
        Montana                                                  .004965
        Nebraska                                                 .005173
        Nevada                                                   .004965
        New Hampshire                                            .010107
        New Jersey                                               .041329
        New Mexico                                               .004965
        New York                                                 .111632
        North Carolina                                           .018253
        North Dakota                                             .004965
        Ohio                                                     .056936
        Oklahoma                                                 .008171
        Oregon                                                   .011425
        Pennsylvania                                             .040062
        Rhode Island                                             .006791
        South Carolina                                           .010361
        South Dakota                                             .004965
        Tennessee                                                .014692
        Texas                                                    .046226
        Utah                                                     .005329
        Vermont                                                  .004965
        Virginia                                                 .020698
        Washington                                               .017588
        West Virginia                                            .015766
        Wisconsin                                                .027342
        Wyoming                                                  .004965
        American Samoa                                           .000908
        Guam                                                     .000657
        Northern Marianas                                        .000422
        Puerto Rico                                              .013191
        Pacific Trust Territories                                .001295
        Virgin Islands                                           .000527
    --------------------------------------------------------------------
    (d) Availability and use of funds; reallotment
      Sums allotted to the States for a fiscal year shall remain
    available for obligation for the fiscal year for which authorized
    and for the period of the next succeeding twelve months. The amount
    of any allotment not obligated by the end of such twenty-four-month
    period shall be immediately reallotted by the Administrator on the
    basis of the same ratio as applicable to sums allotted for the then
    current fiscal year, except that none of the funds reallotted by
    the Administrator for fiscal year 1978 and for fiscal years
    thereafter shall be allotted to any State which failed to obligate
    any of the funds being reallotted. Any sum made available to a
    State by reallotment under this subsection shall be in addition to
    any funds otherwise allotted to such State for grants under this
    subchapter during any fiscal year.
    (e) Minimum allotment; additional appropriations; ratio of amount
      available
      For the fiscal years 1978, 1979, 1980, 1981, 1982, 1983, 1984,
    1985, 1986, 1987, 1988, 1989, and 1990, no State shall receive less
    than one-half of 1 per centum of the total allotment under
    subsection (c) of this section, except that in the case of Guam,
    Virgin Islands, American Samoa, and the Trust Territories not more
    than thirty-three one-hundredths of 1 per centum in the aggregate
    shall be allotted to all four of these jurisdictions. For the
    purpose of carrying out this subsection there are authorized to be
    appropriated, subject to such amounts as are provided in
    appropriation Acts, not to exceed $75,000,000 for each of fiscal
    years 1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985, 1986, 1987,
    1988, 1989, and 1990. If for any fiscal year the amount
    appropriated under authority of this subsection is less than the
    amount necessary to carry out this subsection, the amount each
    State receives under this subsection for such year shall bear the
    same ratio to the amount such State would have received under this
    subsection in such year if the amount necessary to carry it out had
    been appropriated as the amount appropriated for such year bears to
    the amount necessary to carry out this subsection for such year.
    (f) Omitted
    (g) Reservation of funds; State management assistance
      (1) The Administrator is authorized to reserve each fiscal year
    not to exceed 2 per centum of the amount authorized under section
    1287 of this title for purposes of the allotment made to each State
    under this section on or after October 1, 1977, except in the case
    of any fiscal year beginning on or after October 1, 1981, and
    ending before October 1, 1994, in which case the percentage
    authorized to be reserved shall not exceed 4 per centum.(!2) or
    $400,000 whichever amount is the greater. Sums so reserved shall be
    available for making grants to such State under paragraph (2) of
    this subsection for the same period as sums are available from such
    allotment under subsection (d) of this section, and any such grant
    shall be available for obligation only during such period. Any
    grant made from sums reserved under this subsection which has not
    been obligated by the end of the period for which available shall
    be added to the amount last allotted to such State under this
    section and shall be immediately available for obligation in the
    same manner and to the same extent as such last allotment. Sums
    authorized to be reserved by this paragraph shall be in addition to
    and not in lieu of any other funds which may be authorized to carry
    out this subsection.
      (2) The Administrator is authorized to grant to any State from
    amounts reserved to such State under this subsection, the
    reasonable costs of administering any aspects of sections 1281,
    1283, 1284, and 1292 of this title the responsibility for
    administration of which the Administrator has delegated to such
    State. The Administrator may increase such grant to take into
    account the reasonable costs of administering an approved program
    under section 1342 or 1344 of this title, administering a state-
    wide waste treatment management planning program under section
    1288(b)(4) of this title, and managing waste treatment construction
    grants for small communities.
    (h) Alternate systems for small communities
      The Administrator shall set aside from funds authorized for each
    fiscal year beginning on or after October 1, 1978, a total (as
    determined by the Governor of the State) of not less than 4 percent
    nor more than 7 1/2  percent of the sums allotted to any State with
    a rural population of 25 per centum or more of the total population
    of such State, as determined by the Bureau of the Census. The
    Administrator may set aside no more than 7 1/2  percent of the sums
    allotted to any other State for which the Governor requests such
    action. Such sums shall be available only for alternatives to
    conventional sewage treatment works for municipalities having a
    population of three thousand five hundred or less, or for the
    highly dispersed sections of larger municipalities, as defined by
    the Administrator.
    (i) Set-aside for innovative and alternative projects
      Not less than  1/2  of 1 percent of funds allotted to a State for
    each of the fiscal years ending September 30, 1979, through
    September 30, 1990, under subsection (c) of this section shall be
    expended only for increasing the Federal share of grants for
    construction of treatment works utilizing innovative processes and
    techniques pursuant to section 1282(a)(2) of this title. Including
    the expenditures authorized by the preceding sentence, a total of 2
    percent of the funds allotted to a State for each of the fiscal
    years ending September 30, 1979, and September 30, 1980, and 3
    percent of the funds allotted to a State for the fiscal year ending
    September 30, 1981, under subsection (c) of this section shall be
    expended only for increasing grants for construction of treatment
    works pursuant to section 1282(a)(2) of this title. Including the
    expenditures authorized by the first sentence of this subsection, a
    total (as determined by the Governor of the State) of not less than
    4 percent nor more than 7 1/2  percent of the funds allotted to
    such State under subsection (c) of this section for each of the
    fiscal years ending September 30, 1982, through September 30, 1990,
    shall be expended only for increasing the Federal share of grants
    for construction of treatment works pursuant to section 1282(a)(2)
    of this title.
    (j) Water quality management plan; reservation of funds for
      nonpoint source management
      (1) The Administrator shall reserve each fiscal year not to
    exceed 1 per centum of the sums allotted and available for
    obligation to each State under this section for each fiscal year
    beginning on or after October 1, 1981, or $100,000, whichever
    amount is the greater.
      (2) Such sums shall be used by the Administrator to make grants
    to the States to carry out water quality management planning,
    including, but not limited to -
        (A) identifying most cost effective and locally acceptable
      facility and non-point measures to meet and maintain water
      quality standards;
        (B) developing an implementation plan to obtain State and local
      financial and regulatory commitments to implement measures
      developed under subparagraph (A);
        (C) determining the nature, extent, and causes of water quality
      problems in various areas of the State and interstate region, and
      reporting on these annually; and
        (D) determining those publicly owned treatment works which
      should be constructed with assistance under this subchapter, in
      which areas and in what sequence, taking into account the
      relative degree of effluent reduction attained, the relative
      contributions to water quality of other point or nonpoint
      sources, and the consideration of alternatives to such
      construction, and implementing section 1313(e) of this title.
      (3) In carrying out planning with grants made under paragraph (2)
    of this subsection, a State shall develop jointly with local,
    regional, and interstate entities, a plan for carrying out the
    program and give funding priority to such entities and designated
    or undesignated public comprehensive planning organizations to
    carry out the purposes of this subsection. In giving such priority,
    the State shall allocate at least 40 percent of the amount granted
    to such State for a fiscal year under paragraph (2) of this
    subsection to regional public comprehensive planning organizations
    in such State and appropriate interstate organizations for the
    development and implementation of the plan described in this
    paragraph. In any fiscal year for which the Governor, in
    consultation with such organizations and with the approval of the
    Administrator, determines that allocation of at least 40 percent of
    such amount to such organizations will not result in significant
    participation by such organizations in water quality management
    planning and not significantly assist in development and
    implementation of the plan described in this paragraph and
    achieving the goals of this chapter, the allocation to such
    organization may be less than 40 percent of such amount.
      (4) All activities undertaken under this subsection shall be in
    coordination with other related provisions of this chapter.
      (5) Nonpoint source reservation. - In addition to the sums
    reserved under paragraph (1), the Administrator shall reserve each
    fiscal year for each State 1 percent of the sums allotted and
    available for obligation to such State under this section for each
    fiscal year beginning on or after October 1, 1986, or $100,000,
    whichever is greater, for the purpose of carrying out section 1329
    of this title. Sums so reserved in a State in any fiscal year for
    which such State does not request the use of such sums, to the
    extent such sums exceed $100,000, may be used by such State for
    other purposes under this subchapter.
    (k) New York City Convention Center
      The Administrator shall allot to the State of New York from sums
    authorized to be appropriated for the fiscal year ending September
    30, 1982, an amount necessary to pay the entire cost of conveying
    sewage from the Convention Center of the city of New York to the
    Newtown sewage treatment plant, Brooklyn-Queens area, New York. The
    amount allotted under this subsection shall be in addition to and
    not in lieu of any other amounts authorized to be allotted to such
    State under this chapter.
    (l) Marine estuary reservation
      (1) Reservation of funds
        (A) General rule
          Prior to making allotments among the States under subsection
        (c) of this section, the Administrator shall reserve funds from
        sums appropriated pursuant to section 1287 of this title for
        each fiscal year beginning after September 30, 1986.
        (B) Fiscal years 1987 and 1988
          For each of fiscal years 1987 and 1988 the reservation shall
        be 1 percent of the sums appropriated pursuant to section 1287
        of this title for such fiscal year.
        (C) Fiscal years 1989 and 1990
          For each of fiscal years 1989 and 1990 the reservation shall
        be 1 1/2  percent of the funds appropriated pursuant to section
        1287 of this title for such fiscal year.
      (2) Use of funds
        Of the sums reserved under this subsection, two-thirds shall be
      available to address water quality problems of marine bays and
      estuaries subject to lower levels of water quality due to the
      impacts of discharges from combined storm water and sanitary
      sewer overflows from adjacent urban complexes, and one-third
      shall be available for the implementation of section 1330 of this
      title, relating to the national estuary program.
      (3) Period of availability
        Sums reserved under this subsection shall be subject to the
      period of availability for obligation established by subsection
      (d) of this section.
      (4) Treatment of certain body of water
        For purposes of this section and section 1281(n) of this title,
      Newark Bay, New Jersey, and the portion of the Passaic River up
      to Little Falls, in the vicinity of Beatties Dam, shall be
      treated as a marine bay and estuary.
    (m) Discretionary deposits into State water pollution control
      revolving funds
      (1) From construction grant allotments
        In addition to any amounts deposited in a water pollution
      control revolving fund established by a State under subchapter VI
      of this chapter, upon request of the Governor of such State, the
      Administrator shall make available to the State for deposit, as
      capitalization grants, in such fund in any fiscal year beginning
      after September 30, 1986, such portion of the amounts allotted to
      such State under this section for such fiscal year as the
      Governor considers appropriate; except that (A) in fiscal year
      1987, such deposit may not exceed 50 percent of the amounts
      allotted to such State under this section for such fiscal year,
      and (B) in fiscal year 1988, such deposit may not exceed 75
      percent of the amounts allotted to such State under this section
      for this fiscal year.
      (2) Notice requirement
        The Governor of a State may make a request under paragraph (1)
      for a deposit into the water pollution control revolving fund of
      such State -
          (A) in fiscal year 1987 only if no later than 90 days after
        February 4, 1987, and
          (B) in each fiscal year thereafter only if 90 days before the
        first day of such fiscal year,
      the State provides notice of its intent to make such deposit.
      (3) Exception
        Sums reserved under section 1285(j) of this title shall not be
      available for obligation under this subsection.
-SOURCE-
    (June 30, 1948, ch. 758, title II, Sec. 205, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 837; amended Pub. L. 93-243,
    Sec. 1, Jan. 2, 1974, 87 Stat. 1069; Pub. L. 95-217, Secs. 25,
    26(a), 27, 28, Dec. 27, 1977, 91 Stat. 1574, 1575; Pub. L. 96-483,
    Sec. 11, Oct. 21, 1980, 94 Stat. 2363; Pub. L. 97-117, Secs. 8(c),
    13-16, Dec. 29, 1981, 95 Stat. 1625, 1627-1629; Pub. L. 100-4,
    title II, Secs. 206(a)-(c), 207-210, 212(b), title III, Sec.
    316(d), Feb. 4, 1987, 101 Stat. 19-21, 27, 60; Pub. L. 105-362,
    title V, Sec. 501(d)(2)(C), Nov. 10, 1998, 112 Stat. 3284; Pub. L.
    107-303, title III, Sec. 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)
-COD-
                               CODIFICATION
      Subsec. (f) provided that sums made available for obligation
    between Jan. 1, 1975, and Mar. 1, 1975, be available for obligation
    until Sept. 30, 1978.
-MISC1-
                                AMENDMENTS
      2002 - Subsec. (a). Pub. L. 107-303 repealed Pub. L. 105-362,
    Sec. 501(d)(2)(C). See 1998 Amendment note below.
      1998 - Subsec. (a). Pub. L. 105-362, Sec. 501(d)(2)(C), which
    directed the substitution of "section 1375 of this title" for
    "section 1375(b) of this title" in last sentence, was repealed by
    Pub. L. 107-303. See Effective Date of 2002 Amendment note below.
      1987 - Subsec. (c)(2). Pub. L. 100-4, Sec. 206(a)(1), substituted
    "September 30, 1985, and September 30, 1986" for "and September 30,
    1985".
      Subsec. (c)(3). Pub. L. 100-4, Sec. 206(a)(2), added par. (3).
      Subsec. (e). Pub. L. 100-4, Sec. 206(b), substituted "1985, 1986,
    1987, 1988, 1989, and 1990" for "and 1985" in two places.
      Subsec. (g)(1). Pub. L. 100-4, Sec. 206(c), substituted "October
    1, 1994" for "October 1, 1985".
      Subsec. (h). Pub. L. 100-4, Sec. 207, substituted "a total (as
    determined by the Governor of the State) of not less than 4 percent
    nor more than 7 1/2  percent" for "four per centum" and "7 1/2  per
    cent" for "four per centum".
      Subsec. (i). Pub. L. 100-4, Sec. 208, amended subsec. (i)
    generally. Prior to amendment, subsec. (i) read as follows: "Not
    less than one-half of one per centum of funds allotted to a State
    for each of the fiscal years ending September 30, 1979, September
    30, 1980, September 30, 1981, September 30, 1982, September 30,
    1983, September 30, 1984, and September 30, 1985, under subsection
    (a) of this section shall be expended only for increasing the
    Federal share of grants for construction of treatment works
    utilizing innovative processes and techniques pursuant to section
    1282(a)(2) of this title. Including the expenditures authorized by
    the preceding sentence, a total of two per centum of the funds
    allotted to a State for each of the fiscal years ending September
    30, 1979, and September 30, 1980, and 3 per centum of the funds
    allotted to a State for the fiscal year ending September 30, 1981,
    under subsection (a) of this section shall be expended only for
    increasing grants for construction of treatment works from 75 per
    centum to 85 per centum pursuant to section 1282(a)(2) of this
    title. Including the expenditures authorized by the first sentence
    of this subsection, a total (as determined by the Governor of the
    State) of not less than 4 per centum nor more than 7 1/2  per
    centum of the funds allotted to such State for any fiscal year
    beginning after September 30, 1981, under subsection (c) of this
    section shall be expended only for increasing the Federal share of
    grants for construction of treatment works pursuant to section
    1282(a)(2) of this title."
      Subsec. (j)(3). Pub. L. 100-4, Sec. 209, inserted provision
    directing State to allocate at least 40 percent of amount granted
    under par. (2) to regional public comprehensive planning
    organizations and appropriate interstate organizations for
    development and implementation of plan, with exception for less
    than 40 percent allocation in certain circumstances.
      Subsec. (j)(5). Pub. L. 100-4, Sec. 316(d), added par. (5).
      Subsec. (l). Pub. L. 100-4, Sec. 210, added subsec. (l).
      Subsec. (m). Pub. L. 100-4, Sec. 212(b), added subsec. (m).
      1981 - Subsec. (c). Pub. L. 97-117, Sec. 13(a), designated
    existing provision as par. (1) and added par. (2).
      Subsec. (e). Pub. L. 97-117, Sec. 13(b), substituted "1981, 1982,
    1983, 1984, and 1985" for "and 1981" in two places.
      Subsec. (g)(1). Pub. L. 97-117, Sec. 14, inserted "except in the
    case of any fiscal year beginning on or after October 1, 1981, and
    ending before October 1, 1985, in which case the percentage
    authorized to be reserved shall not exceed 4 per centum." after
    "October 1, 1977," and provision that sums authorized to be
    reserved be in addition to and not in lieu of any other funds which
    may be authorized to carry out this subsection.
      Subsec. (i). Pub. L. 97-117, Sec. 8(c), substituted "September
    30, 1981, September 30, 1982, September 30, 1983, September 30,
    1984, and September 30, 1985" for "and September 30, 1981", struck
    out "from 75 per centum to 85 per centum" after "innovative
    processes and techniques", and inserted provision that including
    the expenditures authorized by the first sentence of this
    subsection, a total, as determined by the State Governor, of not
    less than 4 per centum nor more than 7 1/2  per centum of the funds
    allotted to such State for any fiscal year beginning after Sept.
    30, 1981, under subsec. (c) of this section be expended only for
    increasing the Federal share of grants for construction of
    treatment works pursuant to section 1282(a)(2) of this title.
      Subsecs. (j), (k). Pub. L. 97-117, Secs. 15, 16, added subsecs.
    (j) and (k).
      1980 - Subsec. (g)(1). Pub. L. 96-483 inserted "of the amount
    authorized under section 1287 of this title for purposes" after "2
    per centum".
      1977 - Subsec. (a). Pub. L. 95-217, Sec. 25(a), substituted "each
    fiscal year beginning after June 30, 1972, and before September 30,
    1977" for "each fiscal year beginning after June 30, 1972".
      Subsecs. (c) to (f). Pub. L. 95-217, Sec. 25(b), added subsecs.
    (c) to (f).
      Subsecs. (g) to (i). Pub. L. 95-217, Secs. 26(a), 27, 28, added
    subsecs. (g) to (i).
      1974 - Subsec. (a). Pub. L. 93-243 inserted provisions that for
    the fiscal year ending June 30, 1975, the ratio shall be determined
    one-half on the basis of table I of House Public Works Committee
    Print Numbered 93-28 and one-half on the basis of table II of such
    print, except that no State shall receive an allotment less than
    that which it received for the fiscal year ending June 30, 1972, as
    set forth in table III of such print and substituted "June 30,
    1975" for "June 30, 1974" in sentence beginning "Allotments for
    fiscal years".
-CHANGE-
                              CHANGE OF NAME
      Committee on Public Works and Transportation of House of
    Representatives treated as referring to Committee on Transportation
    and Infrastructure of House of Representatives by section 1(a) of
    Pub. L. 104-14, set out as a note preceding section 21 of Title 2,
    The Congress.
-MISC2-
                     EFFECTIVE DATE OF 2002 AMENDMENT
      Amendment by Pub. L. 107-303 effective Nov. 10, 1998, and Federal
    Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and
    administered on and after Nov. 27, 2002, as if amendments made by
    section 501(a)-(d) of Pub. L. 105-362 had not been enacted, see
    section 302(b) of Pub. L. 107-303, set out as a note under section
    1254 of this title.
-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.
-MISC3-
     AVAILABILITY OF ALLOTTED SUMS IN SUBSEQUENT YEARS; REALLOTMENT OF
                             UNOBLIGATED SUMS
      Section 7 of Pub. L. 96-483 provided that: "Notwithstanding
    section 205(d) of the Federal Water Pollution Control Act (33
    U.S.C. 1285), sums allotted to the States for the fiscal year 1979
    shall remain available for obligation for the fiscal year for which
    authorized and for the period of the next succeeding twenty-four
    months. The amount of any allotment not obligated by the end of
    such thirty-six month period shall be immediately reallotted by the
    Administrator on the basis of the same ratio as applicable to sums
    allotted for the then current fiscal year, except that none of the
    funds reallotted by the Administrator for fiscal year 1979 shall be
    allotted to any State which failed to obligate any of the funds
    being reallotted. Any sum made available to a State by reallotment
    under this section shall be in addition to any funds otherwise
    allotted to such State for grants under title II of the Federal
    Water Pollution Control Act [this subchapter] during any fiscal
    year. This section shall take effect on September 30, 1980."
-FOOTNOTE-
    (!1) So in original. Probably should be "1986".
    (!2) So in original. The period probably should be a comma.
-End-
-CITE-
    33 USC Sec. 1286                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1286. Reimbursement and advanced construction
-STATUTE-
    (a) Publicly owned treatment works construction initiated after
      June 30, 1966, but before July 1, 1973; reimbursement formula
      Any publicly owned treatment works in a State on which
    construction was initiated after June 30, 1966, but before July 1,
    1973, which was approved by the appropriate State water pollution
    control agency and which the Administrator finds meets the
    requirements of section 1158 of this title in effect at the time of
    the initiation of construction shall be reimbursed a total amount
    equal to the difference between the amount of Federal financial
    assistance, if any, received under such section 1158 of this title
    for such project and 50 per centum of the cost of such project, or
    55 per centum of the project cost where the Administrator also
    determines that such treatment works was constructed in conformity
    with a comprehensive metropolitan treatment plan as described in
    section 1158(f) of this title as in effect immediately prior to
    October 18, 1972. Nothing in this subsection shall result in any
    such works receiving Federal grants from all sources in excess of
    80 per centum of the cost of such project.
    (b) Publicly owned treatment works construction initiated between
      June 30, 1956, and June 30, 1966; reimbursement formula
      Any publicly owned treatment works constructed with or eligible
    for Federal financial assistance under this Act in a State between
    June 30, 1956, and June 30, 1966, which was approved by the State
    water pollution control agency and which the Administrator finds
    meets the requirements of section 1158 of this title prior to
    October 18, 1972 but which was constructed without assistance under
    such section 1158 of this title or which received such assistance
    in an amount less than 30 per centum of the cost of such project
    shall qualify for payments and reimbursement of State or local
    funds used for such project from sums allocated to such State under
    this section in an amount which shall not exceed the difference
    between the amount of such assistance, if any, received for such
    project and 30 per centum of the cost of such project.
    (c) Application for reimbursement
      No publicly owned treatment works shall receive any payment or
    reimbursement under subsection (a) or (b) of this section unless an
    application for such assistance is filed with the Administrator
    within the one year period which begins on October 18, 1972. Any
    application filed within such one year period may be revised from
    time to time, as may be necessary.
    (d) Allocation of funds
      The Administrator shall allocate to each qualified project under
    subsection (a) of this section each fiscal year for which funds are
    appropriated under subsection (e) of this section an amount which
    bears the same ratio to the unpaid balance of the reimbursement due
    such project as the total of such funds for such year bears to the
    total unpaid balance of reimbursement due all such approved
    projects on the date of enactment of such appropriation. The
    Administrator shall allocate to each qualified project under
    subsection (b) of this section each fiscal year for which funds are
    appropriated under subsection (e) of this section an amount which
    bears the same ratio to the unpaid balance of the reimbursement due
    such project as the total of such funds for such year bears to the
    total unpaid balance of reimbursement due all such approved
    projects on the date of enactment of such appropriation.
    (e) Authorization of appropriations
      There is authorized to be appropriated to carry out subsection
    (a) of this section not to exceed $2,600,000,000 and, to carry out
    subsection (b) of this section, not to exceed $750,000,000. The
    authorizations contained in this subsection shall be the sole
    source of funds for reimbursements authorized by this section.
    (f) Additional funds
      (1) In any case where a substantial portion of the funds allotted
    to a State for the current fiscal year under this subchapter have
    been obligated under section 1281(g) of this title, or will be so
    obligated in a timely manner (as determined by the Administrator),
    and there is construction of any treatment works project without
    the aid of Federal funds and in accordance with all procedures and
    all requirements applicable to treatment works projects, except
    those procedures and requirements which limit construction of
    projects to those constructed with the aid of previously allotted
    Federal funds, the Administrator, upon his approval of an
    application made under this subsection therefor, is authorized to
    pay the Federal share of the cost of construction of such project
    when additional funds are allotted to the State under this
    subchapter if prior to the construction of the project the
    Administrator approves plans, specifications, and estimates
    therefor in the same manner as other treatment works projects. The
    Administrator may not approve an application under this subsection
    unless an authorization is in effect for the first fiscal year in
    the period for which the application requests payment and such
    requested payment for that fiscal year does not exceed the State's
    expected allotment from such authorization. The Administrator shall
    not be required to make such requested payment for any fiscal year -
        (A) to the extent that such payment would exceed such State's
      allotment of the amount appropriated for such fiscal year; and
        (B) unless such payment is for a project which, on the basis of
      an approved funding priority list of such State, is eligible to
      receive such payment based on the allotment and appropriation for
      such fiscal year.
    To the extent that sufficient funds are not appropriated to pay the
    full Federal share with respect to a project for which obligations
    under the provisions of this subsection have been made, the
    Administrator shall reduce the Federal share to such amount less
    than 75 per centum as such appropriations do provide.
      (2) In determining the allotment for any fiscal year under this
    subchapter, any treatment works project constructed in accordance
    with this section and without the aid of Federal funds shall not be
    considered completed until an application under the provisions of
    this subsection with respect to such project has been approved by
    the Administrator, or the availability of funds from which this
    project is eligible for reimbursement has expired, whichever first
    occurs.
-SOURCE-
    (June 30, 1948, ch. 758, title II, Sec. 206, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 838; amended Pub. L. 93-207,
    Sec. 1(2), Dec. 28, 1973, 87 Stat. 906; Pub. L. 95-217, Sec. 29(a),
    Dec. 27, 1977, 91 Stat. 1576; Pub. L. 96-483, Sec. 5, Oct. 21,
    1980, 94 Stat. 2361.)
-REFTEXT-
                            REFERENCES IN TEXT
      Section 1158 of this title, referred to in subsecs. (a) and (b),
    refers to section 8 of act June 30, 1948, ch. 758, 62 Stat. 1158,
    prior to the supersedure and reenactment of act June 30, 1948, by
    act Oct. 18, 1972, Pub. L. 92-500, 86 Stat. 816. Provisions of
    section 1158 of this title are covered by this subchapter.
      This Act, referred to in subsec. (b), means act June 30, 1948,
    ch. 758, 62 Stat. 1155, prior to the supersedure and reenactment of
    act June 30, 1948 by act Oct. 18, 1972, Pub. L. 92-500, 86 Stat.
    816. Act June 30, 1948, ch. 758, as added by act Oct. 18, 1972,
    Pub. L. 92-500, 86 Stat. 816, enacted this chapter.
-MISC1-
                                AMENDMENTS
      1980 - Subsec. (f)(1). Pub. L. 96-483 substituted "In any case
    where a substantial portion of the funds allotted to a State for
    the current fiscal year under this subchapter have been obligated
    under section 1281(g) of this title, or will be so obligated in a
    timely manner (as determined by the Administrator)" for "In any
    case where all funds allotted to a State under this subchapter have
    been obligated under section 1283 of this title", substituted
    "first fiscal year" for "future fiscal year", inserted "in the
    period" before "for which the application", substituted "and such
    requested payment for that fiscal year does not exceed the State's
    expected allotment from such authorization. The Administrator shall
    not be required to make such requested payment for any fiscal year -
     " for "which authorization will insure such payment without
    exceeding the State's expected allotment from such authorization.",
    and added subpars. (A), (B), and provisions following subpar. (B).
      1977 - Subsec. (a). Pub. L. 95-217 substituted "July 1, 1973" for
    "July 1, 1972".
      1973 - Subsec. (e). Pub. L. 93-207 substituted "$2,600,000,000"
    for "$2,000,000,000".
    APPLICATION FOR ASSISTANCE FOR PUBLICLY OWNED TREATMENT WORKS WHERE
    GRANTS WERE MADE BEFORE JULY 2, 1972, AND ON WHICH CONSTRUCTION WAS
                       INITIATED BEFORE JULY 1, 1973
      Section 29(b) of Pub. L. 95-217 provided that applications for
    assistance for publicly owned treatment works for which a grant was
    made under this chapter before July 1, 1972, and on which
    construction was initiated before July 1, 1973, be filed not later
    than the ninetieth day after Dec. 27, 1977.
                        APPLICATION FOR ASSISTANCE
      Section 2 of Pub. L. 93-207 provided that notwithstanding the
    requirements of subsec. (c) of this section, applications for
    assistance under this section could have been filed with the
    Administrator until Jan. 31, 1974.
    ALLOCATION OF CONSTRUCTION GRANTS APPROPRIATED FOR THE YEAR ENDING
               JUNE 30, 1973; INTERIM PAYMENTS; LIMITATIONS
      Section 3 of Pub. L. 93-207 provided that: "Funds available for
    reimbursement under Public Law 92-399 [making appropriations for
    Agriculture-Environmental and Consumer Protection Programs for the
    fiscal year ending June 30, 1973] shall be allocated in accordance
    with subsection (d) of section 206 of the Federal Water Pollution
    Control Act (86 Stat. 838) [subsec. (d) of this section], pro rata
    among all projects eligible under subsection (a) of such section
    206 [subsec. (a) of this section] for which applications have been
    submitted and approved by the Administrator pursuant to such Act
    [this chapter]. Notwithstanding the provisions of subsection (d) of
    such section 206, (1) the Administrator is authorized to make
    interim payments to each such project for which an application has
    been approved on the basis of estimates of maximum pro rata
    entitlement of all applicants under section 206(a) and (2) for the
    purpose of determining allocation of sums available under Public
    Law 92-399, the unpaid balance of reimbursement due such projects
    shall be computed as of January 31, 1974. Upon completion by the
    Administrator of his audit and approval of all projects for which
    an application has been filed under subsection (a) of such section
    206, the Administrator shall, within the limits of appropriated
    funds, allocate to each such qualified project the amount
    remaining, if any, of its total entitlement. Amounts allocated to
    projects which are later determined to be in excess of entitlement
    shall be available for reallocation, until expended, to other
    qualified projects under subsection (a) of such section 206. In no
    event, however, shall any payments exceed the Federal share of the
    cost of construction incurred to the date of the voucher covering
    such payment plus the Federal share of the value of the materials
    which have been stockpiled in the vicinity of such construction in
    conformity to plans and specifications for the project."
-End-
-CITE-
    33 USC Sec. 1287                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1287. Authorization of appropriations
-STATUTE-
      There is authorized to be appropriated to carry out this
    subchapter, other than sections 1286(e), 1288 and 1289 of this
    title, for the fiscal year ending June 30, 1973, not to exceed
    $5,000,000,000, for the fiscal year ending June 30, 1974, not to
    exceed $6,000,000,000, and for the fiscal year ending June 30,
    1975, not to exceed $7,000,000,000, and subject to such amounts as
    are provided in appropriation Acts, for the fiscal year ending
    September 30, 1977, $1,000,000,000 for the fiscal year ending
    September 30, 1978, $4,500,000,000 and for the fiscal years ending
    September 30, 1979, September 30, 1980, not to exceed
    $5,000,000,000; for the fiscal year ending September 30, 1981, not
    to exceed $2,548,837,000; and for the fiscal years ending September
    30, 1982, September 30, 1983, September 30, 1984, and September 30,
    1985, not to exceed $2,400,000,000 per fiscal year; and for each of
    the fiscal years ending September 30, 1986, September 30, 1987, and
    September 30, 1988, not to exceed $2,400,000,000; and for each of
    the fiscal years ending September 30, 1989, and September 30, 1990,
    not to exceed $1,200,000,000.
-SOURCE-
    (June 30, 1948, ch. 758, title II, Sec. 207, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 839; amended Pub. L. 93-207,
    Sec. 1(3), Dec. 28, 1973, 87 Stat. 906; Pub. L. 95-217, Sec. 30,
    Dec. 27, 1977, 91 Stat. 1576; Pub. L. 97-35, title XVIII, Sec.
    1801(a), Aug. 13, 1981, 95 Stat. 764; Pub. L. 97-117, Sec. 17, Dec.
    29, 1981, 95 Stat. 1630; Pub. L. 100-4, title II, Sec. 211, Feb. 4,
    1987, 101 Stat. 21.)
-MISC1-
                                AMENDMENTS
      1987 - Pub. L. 100-4 inserted "; and for each of the fiscal years
    ending September 30, 1986, September 30, 1987, and September 30,
    1988, not to exceed $2,400,000,000; and for each of the fiscal
    years ending September 30, 1989, and September 30, 1990, not to
    exceed $1,200,000,000" before period at end.
      1981 - Pub. L. 97-117 substituted "and for the fiscal years
    ending September 30, 1982, September 30, 1983, September 30, 1984,
    and September 30, 1985, not to exceed $2,400,000,000 per fiscal
    year" for "and for the fiscal year ending September 30, 1982, not
    to exceed $0, unless there is enacted legislation establishing an
    allotment formula for fiscal year 1982 construction grant funds and
    otherwise reforming the municipal sewage treatment construction
    grant program under this subchapter, in which case the
    authorization for fiscal year 1982 shall be an amount not to exceed
    $2,400,000,000".
      Pub. L. 97-35 substituted provisions authorizing not to exceed
    $2,548,837,000 for fiscal year ending Sept. 30, 1981, and not to
    exceed $0 for the fiscal year ending Sept. 30, 1982, unless an
    allotment formula is enacted, in which case the authorization is
    not to exceed $2,400,000,000, for provisions authorizing not to
    exceed $5,000,000,000 for fiscal years ending Sept. 30, 1981 and
    1982.
      1977 - Pub. L. 95-217 inserted "and subject to such amounts as
    are provided in appropriation Acts, for the fiscal year ending
    September 30, 1977, $1,000,000,000 for the fiscal year ending
    September 30, 1978, $4,500,000,000 and for the fiscal years ending
    September 30, 1979, September 30, 1980, September 30, 1981, and
    September 30, 1982, not to exceed $5,000,000,000 per fiscal year".
      1973 - Pub. L. 93-207 inserted reference to section 1286(e) of
    this title.
                ADDITIONAL AUTHORIZATION OF APPROPRIATIONS
      Pub. L. 94-369, title III, Sec. 301, July 22, 1976, 90 Stat.
    1011, provided for authorization to carry out this subchapter,
    other than sections 1286, 1288, and 1289, for the fiscal year
    ending Sept. 30, 1977, not to exceed $700,000,000, which sum
    (subject to amounts provided in appropriation Acts) was to be
    allotted to each State listed in column 1 of table IV contained in
    House Public Works and Transportation Committee Print numbered 94-
    25 in accordance with the percentages provided for such State (if
    any) in column 5 of such table, and such sum to be in addition to,
    and not in lieu of, any funds otherwise authorized and to be
    available until expended.
-End-
-CITE-
    33 USC Sec. 1288                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1288. Areawide waste treatment management
-STATUTE-
    (a) Identification and designation of areas having substantial
      water quality control problems
      For the purpose of encouraging and facilitating the development
    and implementation of areawide waste treatment management plans -
        (1) The Administrator, within ninety days after October 18,
      1972, and after consultation with appropriate Federal, State, and
      local authorities, shall by regulation publish guidelines for the
      identification of those areas which, as a result of urban-
      industrial concentrations or other factors, have substantial
      water quality control problems.
        (2) The Governor of each State, within sixty days after
      publication of the guidelines issued pursuant to paragraph (1) of
      this subsection, shall identify each area within the State which,
      as a result of urban-industrial concentrations or other factors,
      has substantial water quality control problems. Not later than
      one hundred and twenty days following such identification and
      after consultation with appropriate elected and other officials
      of local governments having jurisdiction in such areas, the
      Governor shall designate (A) the boundaries of each such area,
      and (B) a single representative organization, including elected
      officials from local governments or their designees, capable of
      developing effective areawide waste treatment management plans
      for such area. The Governor may in the same manner at any later
      time identify any additional area (or modify an existing area)
      for which he determines areawide waste treatment management to be
      appropriate, designate the boundaries of such area, and designate
      an organization capable of developing effective areawide waste
      treatment management plans for such area.
        (3) With respect to any area which, pursuant to the guidelines
      published under paragraph (1) of this subsection, is located in
      two or more States, the Governors of the respective States shall
      consult and cooperate in carrying out the provisions of paragraph
      (2), with a view toward designating the boundaries of the
      interstate area having common water quality control problems and
      for which areawide waste treatment management plans would be most
      effective, and toward designating, within one hundred and eighty
      days after publication of guidelines issued pursuant to paragraph
      (1) of this subsection, of a single representative organization
      capable of developing effective areawide waste treatment
      management plans for such area.
        (4) If a Governor does not act, either by designating or
      determining not to make a designation under paragraph (2) of this
      subsection, within the time required by such paragraph, or if, in
      the case of an interstate area, the Governors of the States
      involved do not designate a planning organization within the time
      required by paragraph (3) of this subsection, the chief elected
      officials of local governments within an area may by agreement
      designate (A) the boundaries for such an area, and (B) a single
      representative organization including elected officials from such
      local governments, or their designees, capable of developing an
      areawide waste treatment management plan for such area.
        (5) Existing regional agencies may be designated under
      paragraphs (2), (3), and (4) of this subsection.
        (6) The State shall act as a planning agency for all portions
      of such State which are not designated under paragraphs (2), (3),
      or (4) of this subsection.
        (7) Designations under this subsection shall be subject to the
      approval of the Administrator.
    (b) Planning process
      (1)(A) Not later than one year after the date of designation of
    any organization under subsection (a) of this section such
    organization shall have in operation a continuing areawide waste
    treatment management planning process consistent with section 1281
    of this title. Plans prepared in accordance with this process shall
    contain alternatives for waste treatment management, and be
    applicable to all wastes generated within the area involved. The
    initial plan prepared in accordance with such process shall be
    certified by the Governor and submitted to the Administrator not
    later than two years after the planning process is in operation.
      (B) For any agency designated after 1975 under subsection (a) of
    this section and for all portions of a State for which the State is
    required to act as the planning agency in accordance with
    subsection (a)(6) of this section, the initial plan prepared in
    accordance with such process shall be certified by the Governor and
    submitted to the Administrator not later than three years after the
    receipt of the initial grant award authorized under subsection (f)
    of this section.
      (2) Any plan prepared under such process shall include, but not
    be limited to -
        (A) the identification of treatment works necessary to meet the
      anticipated municipal and industrial waste treatment needs of the
      area over a twenty-year period, annually updated (including an
      analysis of alternative waste treatment systems), including any
      requirements for the acquisition of land for treatment purposes;
      the necessary waste water collection and urban storm water runoff
      systems; and a program to provide the necessary financial
      arrangements for the development of such treatment works, and an
      identification of open space and recreation opportunities that
      can be expected to result from improved water quality, including
      consideration of potential use of lands associated with treatment
      works and increased access to water-based recreation;
        (B) the establishment of construction priorities for such
      treatment works and time schedules for the initiation and
      completion of all treatment works;
        (C) the establishment of a regulatory program to -
          (i) implement the waste treatment management requirements of
        section 1281(c) of this title,
          (ii) regulate the location, modification, and construction of
        any facilities within such area which may result in any
        discharge in such area, and
          (iii) assure that any industrial or commercial wastes
        discharged into any treatment works in such area meet
        applicable pretreatment requirements;
        (D) the identification of those agencies necessary to
      construct, operate, and maintain all facilities required by the
      plan and otherwise to carry out the plan;
        (E) the identification of the measures necessary to carry out
      the plan (including financing), the period of time necessary to
      carry out the plan, the costs of carrying out the plan within
      such time, and the economic, social, and environmental impact of
      carrying out the plan within such time;
        (F) a process to (i) identify, if appropriate, agriculturally
      and silviculturally related nonpoint sources of pollution,
      including return flows from irrigated agriculture, and their
      cumulative effects, runoff from manure disposal areas, and from
      land used for livestock and crop production, and (ii) set forth
      procedures and methods (including land use requirements) to
      control to the extent feasible such sources;
        (G) a process to (i) identify, if appropriate, mine-related
      sources of pollution including new, current, and abandoned
      surface and underground mine runoff, and (ii) set forth
      procedures and methods (including land use requirements) to
      control to the extent feasible such sources;
        (H) a process to (i) identify construction activity related
      sources of pollution, and (ii) set forth procedures and methods
      (including land use requirements) to control to the extent
      feasible such sources;
        (I) a process to (i) identify, if appropriate, salt water
      intrusion into rivers, lakes, and estuaries resulting from
      reduction of fresh water flow from any cause, including
      irrigation, obstruction, ground water extraction, and diversion,
      and (ii) set forth procedures and methods to control such
      intrusion to the extent feasible where such procedures and
      methods are otherwise a part of the waste treatment management
      plan;
        (J) a process to control the disposition of all residual waste
      generated in such area which could affect water quality; and
        (K) a process to control the disposal of pollutants on land or
      in subsurface excavations within such area to protect ground and
      surface water quality.
      (3) Areawide waste treatment management plans shall be certified
    annually by the Governor or his designee (or Governors or their
    designees, where more than one State is involved) as being
    consistent with applicable basin plans and such areawide waste
    treatment management plans shall be submitted to the Administrator
    for his approval.
      (4)(A) Whenever the Governor of any State determines (and
    notifies the Administrator) that consistency with a statewide
    regulatory program under section 1313 of this title so requires,
    the requirements of clauses (F) through (K) of paragraph (2) of
    this subsection shall be developed and submitted by the Governor to
    the Administrator for approval for application to a class or
    category of activity throughout such State.
      (B) Any program submitted under subparagraph (A) of this
    paragraph which, in whole or in part, is to control the discharge
    or other placement of dredged or fill material into the navigable
    waters shall include the following:
        (i) A consultation process which includes the State agency with
      primary jurisdiction over fish and wildlife resources.
        (ii) A process to identify and manage the discharge or other
      placement of dredged or fill material which adversely affects
      navigable waters, which shall complement and be coordinated with
      a State program under section 1344 of this title conducted
      pursuant to this chapter.
        (iii) A process to assure that any activity conducted pursuant
      to a best management practice will comply with the guidelines
      established under section 1344(b)(1) of this title, and sections
      1317 and 1343 of this title.
        (iv) A process to assure that any activity conducted pursuant
      to a best management practice can be terminated or modified for
      cause including, but not limited to, the following:
          (I) violation of any condition of the best management
        practice;
          (II) change in any activity that requires either a temporary
        or permanent reduction or elimination of the discharge pursuant
        to the best management practice.
        (v) A process to assure continued coordination with Federal and
      Federal-State water-related planning and reviewing processes,
      including the National Wetlands Inventory.
      (C) If the Governor of a State obtains approval from the
    Administrator of a statewide regulatory program which meets the
    requirements of subparagraph (B) of this paragraph and if such
    State is administering a permit program under section 1344 of this
    title, no person shall be required to obtain an individual permit
    pursuant to such section, or to comply with a general permit issued
    pursuant to such section, with respect to any appropriate activity
    within such State for which a best management practice has been
    approved by the Administrator under the program approved by the
    Administrator pursuant to this paragraph.
      (D)(i) Whenever the Administrator determines after public hearing
    that a State is not administering a program approved under this
    section in accordance with the requirements of this section, the
    Administrator shall so notify the State, and if appropriate
    corrective action is not taken within a reasonable time, not to
    exceed ninety days, the Administrator shall withdraw approval of
    such program. The Administrator shall not withdraw approval of any
    such program unless he shall first have notified the State, and
    made public, in writing, the reasons for such withdrawal.
      (ii) In the case of a State with a program submitted and approved
    under this paragraph, the Administrator shall withdraw approval of
    such program under this subparagraph only for a substantial failure
    of the State to administer its program in accordance with the
    requirements of this paragraph.
    (c) Regional operating agencies
      (1) The Governor of each State, in consultation with the planning
    agency designated under subsection (a) of this section, at the time
    a plan is submitted to the Administrator, shall designate one or
    more waste treatment management agencies (which may be an existing
    or newly created local, regional, or State agency or political
    subdivision) for each area designated under subsection (a) of this
    section and submit such designations to the Administrator.
      (2) The Administrator shall accept any such designation, unless,
    within 120 days of such designation, he finds that the designated
    management agency (or agencies) does not have adequate authority -
        (A) to carry out appropriate portions of an areawide waste
      treatment management plan developed under subsection (b) of this
      section;
        (B) to manage effectively waste treatment works and related
      facilities serving such area in conformance with any plan
      required by subsection (b) of this section;
        (C) directly or by contract, to design and construct new works,
      and to operate and maintain new and existing works as required by
      any plan developed pursuant to subsection (b) of this section;
        (D) to accept and utilize grants, or other funds from any
      source, for waste treatment management purposes;
        (E) to raise revenues, including the assessment of waste
      treatment charges;
        (F) to incur short- and long-term indebtedness;
        (G) to assure in implementation of an areawide waste treatment
      management plan that each participating community pays its
      proportionate share of treatment costs;
        (H) to refuse to receive any wastes from any municipality or
      subdivision thereof, which does not comply with any provisions of
      an approved plan under this section applicable to such area; and
        (I) to accept for treatment industrial wastes.
    (d) Conformity of works with area plan
      After a waste treatment management agency having the authority
    required by subsection (c) of this section has been designated
    under such subsection for an area and a plan for such area has been
    approved under subsection (b) of this section, the Administrator
    shall not make any grant for construction of a publicly owned
    treatment works under section 1281(g)(1) of this title within such
    area except to such designated agency and for works in conformity
    with such plan.
    (e) Permits not to conflict with approved plans
      No permit under section 1342 of this title shall be issued for
    any point source which is in conflict with a plan approved pursuant
    to subsection (b) of this section.
    (f) Grants
      (1) The Administrator shall make grants to any agency designated
    under subsection (a) of this section for payment of the reasonable
    costs of developing and operating a continuing areawide waste
    treatment management planning process under subsection (b) of this
    section.
      (2) For the two-year period beginning on the date the first grant
    is made under paragraph (1) of this subsection to an agency, if
    such first grant is made before October 1, 1977, the amount of each
    such grant to such agency shall be 100 per centum of the costs of
    developing and operating a continuing areawide waste treatment
    management planning process under subsection (b) of this section,
    and thereafter the amount granted to such agency shall not exceed
    75 per centum of such costs in each succeeding one-year period. In
    the case of any other grant made to an agency under such paragraph
    (1) of this subsection, the amount of such grant shall not exceed
    75 per centum of the costs of developing and operating a continuing
    areawide waste treatment management planning process in any year.
      (3) Each applicant for a grant under this subsection shall submit
    to the Administrator for his approval each proposal for which a
    grant is applied for under this subsection. The Administrator shall
    act upon such proposal as soon as practicable after it has been
    submitted, and his approval of that proposal shall be deemed a
    contractual obligation of the United States for the payment of its
    contribution to such proposal, subject to such amounts as are
    provided in appropriation Acts. There is authorized to be
    appropriated to carry out this subsection not to exceed $50,000,000
    for the fiscal year ending June 30, 1973, not to exceed
    $100,000,000 for the fiscal year ending June 30, 1974, not to
    exceed $150,000,000 per fiscal year for the fiscal years ending
    June 30, 1975, September 30, 1977, September 30, 1978, September
    30, 1979, and September 30, 1980, not to exceed $100,000,000 per
    fiscal year for the fiscal years ending September 30, 1981, and
    September 30, 1982, and such sums as may be necessary for fiscal
    years 1983 through 1990.
    (g) Technical assistance by Administrator
      The Administrator is authorized, upon request of the Governor or
    the designated planning agency, and without reimbursement, to
    consult with, and provide technical assistance to, any agency
    designated under subsection (a) of this section in the development
    of areawide waste treatment management plans under subsection (b)
    of this section.
    (h) Technical assistance by Secretary of the Army
      (1) The Secretary of the Army, acting through the Chief of
    Engineers, in cooperation with the Administrator is authorized and
    directed, upon request of the Governor or the designated planning
    organization, to consult with, and provide technical assistance to,
    any agency designed (!1) under subsection (a) of this section in
    developing and operating a continuing areawide waste treatment
    management planning process under subsection (b) of this section.
      (2) There is authorized to be appropriated to the Secretary of
    the Army, to carry out this subsection, not to exceed $50,000,000
    per fiscal year for the fiscal years ending June 30, 1973, and June
    30, 1974.
    (i) State best management practices program
      (1) The Secretary of the Interior, acting through the Director of
    the United States Fish and Wildlife Service, shall, upon request of
    the Governor of a State, and without reimbursement, provide
    technical assistance to such State in developing a statewide
    program for submission to the Administrator under subsection
    (b)(4)(B) of this section and in implementing such program after
    its approval.
      (2) There is authorized to be appropriated to the Secretary of
    the Interior $6,000,000 to complete the National Wetlands Inventory
    of the United States, by December 31, 1981, and to provide
    information from such Inventory to States as it becomes available
    to assist such States in the development and operation of programs
    under this chapter.
    (j) Agricultural cost sharing
      (1) The Secretary of Agriculture, with the concurrence of the
    Administrator, and acting through the Soil Conservation Service and
    such other agencies of the Department of Agriculture as the
    Secretary may designate, is authorized and directed to establish
    and administer a program to enter into contracts, subject to such
    amounts as are provided in advance by appropriation acts, of not
    less than five years nor more than ten years with owners and
    operators having control of rural land for the purpose of
    installing and maintaining measures incorporating best management
    practices to control nonpoint source pollution for improved water
    quality in those States or areas for which the Administrator has
    approved a plan under subsection (b) of this section where the
    practices to which the contracts apply are certified by the
    management agency designated under subsection (c)(1) of this
    section to be consistent with such plans and will result in
    improved water quality. Such contracts may be entered into during
    the period ending not later than September 31, 1988. Under such
    contracts the land owner or operator shall agree -
        (i) to effectuate a plan approved by a soil conservation
      district, where one exists, under this section for his farm,
      ranch, or other land substantially in accordance with the
      schedule outlined therein unless any requirement thereof is
      waived or modified by the Secretary;
        (ii) to forfeit all rights to further payments or grants under
      the contract and refund to the United States all payments and
      grants received thereunder, with interest, upon his violation of
      the contract at any stage during the time he has control of the
      land if the Secretary, after considering the recommendations of
      the soil conservation district, where one exists, and the
      Administrator, determines that such violation is of such a nature
      as to warrant termination of the contract, or to make refunds or
      accept such payment adjustments as the Secretary may deem
      appropriate if he determines that the violation by the owner or
      operator does not warrant termination of the contract;
        (iii) upon transfer of his right and interest in the farm,
      ranch, or other land during the contract period to forfeit all
      rights to further payments or grants under the contract and
      refund to the United States all payments or grants received
      thereunder, with interest, unless the transferee of any such land
      agrees with the Secretary to assume all obligations of the
      contract;
        (iv) not to adopt any practice specified by the Secretary on
      the advice of the Administrator in the contract as a practice
      which would tend to defeat the purposes of the contract;
        (v) to such additional provisions as the Secretary determines
      are desirable and includes in the contract to effectuate the
      purposes of the program or to facilitate the practical
      administration of the program.
      (2) In return for such agreement by the landowner or operator the
    Secretary shall agree to provide technical assistance and share the
    cost of carrying out those conservation practices and measures set
    forth in the contract for which he determines that cost sharing is
    appropriate and in the public interest and which are approved for
    cost sharing by the agency designated to implement the plan
    developed under subsection (b) of this section. The portion of such
    cost (including labor) to be shared shall be that part which the
    Secretary determines is necessary and appropriate to effectuate the
    installation of the water quality management practices and measures
    under the contract, but not to exceed 50 per centum of the total
    cost of the measures set forth in the contract; except the
    Secretary may increase the matching cost share where he determines
    that (1) the main benefits to be derived from the measures are
    related to improving offsite water quality, and (2) the matching
    share requirement would place a burden on the landowner which would
    probably prevent him from participating in the program.
      (3) The Secretary may terminate any contract with a landowner or
    operator by mutual agreement with the owner or operator if the
    Secretary determines that such termination would be in the public
    interest, and may agree to such modification of contracts
    previously entered into as he may determine to be desirable to
    carry out the purposes of the program or facilitate the practical
    administration thereof or to accomplish equitable treatment with
    respect to other conservation, land use, or water quality programs.
      (4) In providing assistance under this subsection the Secretary
    will give priority to those areas and sources that have the most
    significant effect upon water quality. Additional investigations or
    plans may be made, where necessary, to supplement approved water
    quality management plans, in order to determine priorities.
      (5) The Secretary shall, where practicable, enter into agreements
    with soil conservation districts, State soil and water conservation
    agencies, or State water quality agencies to administer all or part
    of the program established in this subsection under regulations
    developed by the Secretary. Such agreements shall provide for the
    submission of such reports as the Secretary deems necessary, and
    for payment by the United States of such portion of the costs
    incurred in the administration of the program as the Secretary may
    deem appropriate.
      (6) The contracts under this subsection shall be entered into
    only in areas where the management agency designated under
    subsection (c)(1) of this section assures an adequate level of
    participation by owners and operators having control of rural land
    in such areas. Within such areas the local soil conservation
    district, where one exists, together with the Secretary of
    Agriculture, will determine the priority of assistance among
    individual land owners and operators to assure that the most
    critical water quality problems are addressed.
      (7) The Secretary, in consultation with the Administrator and
    subject to section 1314(k) of this title, shall, not later than
    September 30, 1978, promulgate regulations for carrying out this
    subsection and for support and cooperation with other Federal and
    non-Federal agencies for implementation of this subsection.
      (8) This program shall not be used to authorize or finance
    projects that would otherwise be eligible for assistance under the
    terms of Public Law 83-566 [16 U.S.C. 1001 et seq.].
      (9) There are hereby authorized to be appropriated to the
    Secretary of Agriculture $200,000,000 for fiscal year 1979,
    $400,000,000 for fiscal year 1980, $100,000,000 for fiscal year
    1981, $100,000,000 for fiscal year 1982, and such sums as may be
    necessary for fiscal years 1983 through 1990, to carry out this
    subsection. The program authorized under this subsection shall be
    in addition to, and not in substitution of, other programs in such
    area authorized by this or any other public law.
-SOURCE-
    (June 30, 1948, ch. 758, title II, Sec. 208, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 839; amended Pub. L. 95-217,
    Secs. 4(e), 31, 32, 33(a), 34, 35, Dec. 27, 1977, 91 Stat. 1566,
    1576-1579; Pub. L. 96-483, Sec. 1(d), (e), Oct. 21, 1980, 94 Stat.
    2360; Pub. L. 100-4, title I, Sec. 101(d), (e), Feb. 4, 1987, 101
    Stat. 9.)
-REFTEXT-
                            REFERENCES IN TEXT
      Public Law 83-566, referred to in subsec. (j)(8), is act Aug. 4,
    1954, ch. 656, 68 Stat. 666, as amended, known as the Watershed
    Protection and Flood Prevention Act, which is classified generally
    to chapter 18 (Sec. 1001 et seq.) of Title 16, Conservation. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1001 of Title 16 and Tables.
-MISC1-
                                AMENDMENTS
      1987 - Subsec. (f)(3). Pub. L. 100-4, Sec. 101(d), struck out
    "and" after "1974," and "1980," and inserted ", and such sums as
    may be necessary for fiscal years 1983 through 1990" after "1982".
      Subsec. (j)(9). Pub. L. 100-4, Sec. 101(e), struck out "and"
    after "1981," and inserted "and such sums as may be necessary for
    fiscal years 1983 through 1990," after "1982,".
      1980 - Subsec. (f)(3). Pub. L. 96-483, Sec. 1(d), inserted
    authorization of not to exceed $100,000,000 per fiscal year for
    fiscal years ending Sept. 30, 1981 and 1982.
      Subsec. (j)(9). Pub. L. 96-483, Sec. 1(e), inserted reference to
    authorization of $100,000,000 for each of fiscal years 1981 and
    1982.
      1977 - Subsec. (b)(1). Pub. L. 95-217, Sec. 31(a), designated
    existing provisions as subpar. (A) and added subpar. (B).
      Subsec. (b)(2)(A). Pub. L. 95-217, Sec. 32, inserted ", and an
    identification of open space and recreation opportunities that can
    be expected to result from improved water quality, including
    consideration of potential use of lands associated with treatment
    works and increased access to water-based recreation" after
    "development of such treatment works".
      Subsec. (b)(2)(F). Pub. L. 95-217, Sec. 33(a), substituted
    "sources of pollution, including return flows from irrigated
    agriculture, and their cumulative effects," for "sources of
    pollution, including".
      Subsec. (b)(4). Pub. L. 95-217, Sec. 34(a), designated existing
    provisions as subpar. (A), substituted "to the Administrator for
    approval for application to a class or category of activity
    throughout such State" for "to the Administrator for application to
    all regions within such State", and added subpars. (B) to (D).
      Subsec. (f)(2). Pub. L. 95-217, Sec. 31(b), substituted "For the
    two-year period beginning on the date the first grant is made under
    paragraph (1) of this subsection to an agency, if such first grant
    is made before October 1, 1977, the amount of each such grant to
    such agency shall be 100 per centum of the costs of developing and
    operating a continuing areawide waste treatment management planning
    process under subsection (b) of this section, and thereafter the
    amount granted to such agency shall not exceed 75 per centum of
    such costs in each succeeding one-year period" for "The amount
    granted to any agency under paragraph (1) of this subsection shall
    be 100 per centum of the costs of developing and operating a
    continuing areawide waste treatment management planning process
    under subsection (b) of this section for each of the fiscal years
    ending on June 30, 1973, June 30, 1974, and June 30, 1975, and
    shall not exceed 75 per centum of such costs in each succeeding
    fiscal year" and inserted "In the case of any other grant made to
    an agency under such paragraph (1) of this subsection, the amount
    of such grant shall not exceed 75 per centum of the costs of
    developing and operating a continuing areawide waste treatment
    management planning process in any year."
      Subsec. (f)(3). Pub. L. 95-217, Secs. 4(e), 31(c), substituted
    "and not to exceed $150,000,000 per fiscal year for the fiscal
    years ending June 30, 1975, September 30, 1977, September 30, 1978,
    September 30, 1979, and September 30, 1980" for "and not to exceed
    $150,000,000 for the fiscal year ending June 30, 1975" and inserted
    "subject to such amounts as are provided in appropriation Acts"
    after "contractual obligation of the United States for the payment
    of its contribution to such proposal".
      Subsec. (i). Pub. L. 95-217, Sec. 34(b), added subsec. (i).
      Subsec. (j). Pub. L. 95-217, Sec. 35, added subsec. (j).
-TRANS-
                           TRANSFER OF FUNCTIONS
      Enforcement functions of Secretary or other official in
    Department of Agriculture, insofar as they involve lands and
    programs under jurisdiction of that Department, relating to
    compliance with this chapter with respect to pre-construction,
    construction, and initial operation of transportation system for
    Canadian and Alaskan natural gas were transferred to the Federal
    Inspector, Office of Federal Inspector for the Alaska Natural Gas
    Transportation System, until the first anniversary of the date of
    initial operation of the Alaska Natural Gas Transportation System,
    see Reorg. Plan No. 1 of 1979, Secs. 102(f), 203(a), 44 F.R. 33663,
    33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the
    Appendix to Title 5, Government Organization and Employees. Office
    of Federal Inspector for the Alaska Natural Gas Transportation
    System abolished and functions and authority vested in Inspector
    transferred to Secretary of Energy by section 3012(b) of Pub. L.
    102-486, set out as an Abolition of Office of Federal Inspector
    note under section 719e of Title 15, Commerce and Trade. Functions
    and authority vested in Secretary of Energy subsequently
    transferred to Federal Coordinator for Alaska Natural Gas
    Transportation Projects by section 720d(f) of Title 15.
-FOOTNOTE-
    (!1) So in original. Probably should be "designated".
-End-
-CITE-
    33 USC Sec. 1289                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1289. Basin planning
-STATUTE-
    (a) Preparation of Level B plans
      The President, acting through the Water Resources Council, shall,
    as soon as practicable, prepare a Level B plan under the Water
    Resources Planning Act [42 U.S.C. 1962 et seq.] for all basins in
    the United States. All such plans shall be completed not later than
    January 1, 1980, except that priority in the preparation of such
    plans shall be given to those basins and portions thereof which are
    within those areas designated under paragraphs (2), (3), and (4) of
    subsection (a) of section 1288 of this title.
    (b) Reporting requirements
      The President, acting through the Water Resources Council, shall
    report annually to Congress on progress being made in carrying out
    this section. The first such report shall be submitted not later
    than January 31, 1973.
    (c) Authorization of appropriations
      There is authorized to be appropriated to carry out this section
    not to exceed $200,000,000.
-SOURCE-
    (June 30, 1948, ch. 758, title II, Sec. 209, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 843.)
-REFTEXT-
                            REFERENCES IN TEXT
      The Water Resources Planning Act, referred to in subsec. (a), is
    Pub. L. 89-80, July 22, 1965, 79 Stat. 244, as amended, which is
    classified generally to chapter 19B (Sec. 1962 et seq.) of Title
    42, The Public Health and Welfare. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1962 of Title 42 and Tables.
-End-
-CITE-
    33 USC Sec. 1290                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1290. Annual survey
-STATUTE-
      The Administrator shall annually make a survey to determine the
    efficiency of the operation and maintenance of treatment works
    constructed with grants made under this chapter, as compared to the
    efficiency planned at the time the grant was made. The results of
    such annual survey shall be included in the report required under
    section 1375(a) of this title.
-SOURCE-
    (June 30, 1948, ch. 758, title II, Sec. 210, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 843; amended Pub. L. 105-362,
    title V, Sec. 501(d)(2)(D), Nov. 10, 1998, 112 Stat. 3284; Pub. L.
    107-303, title III, Sec. 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)
-MISC1-
                                AMENDMENTS
      2002 - Pub. L. 107-303 repealed Pub. L. 105-362, Sec.
    501(d)(2)(D). See 1998 Amendment note below.
      1998 - Pub. L. 105-362, Sec. 501(d)(2)(D), which directed the
    substitution of "shall be reported to Congress not later than 90
    days after the date of convening of each session of Congress" for
    "shall be included in the report required under section 1375(a) of
    this title", was repealed by Pub. L. 107-303. See Effective Date of
    2002 Amendment note below.
                     EFFECTIVE DATE OF 2002 AMENDMENT
      Amendment by Pub. L. 107-303 effective Nov. 10, 1998, and Federal
    Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and
    administered on and after Nov. 27, 2002, as if amendments made by
    section 501(a)-(d) of Pub. L. 105-362 had not been enacted, see
    section 302(b) of Pub. L. 107-303, set out as a note under section
    1254 of this title.
-End-
-CITE-
    33 USC Sec. 1291                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1291. Sewage collection systems
-STATUTE-
    (a) Existing and new systems
      No grant shall be made for a sewage collection system under this
    subchapter unless such grant (1) is for replacement or major
    rehabilitation of an existing collection system and is necessary to
    the total integrity and performance of the waste treatment works
    servicing such community, or (2) is for a new collection system in
    an existing community with sufficient existing or planned capacity
    adequately to treat such collected sewage and is consistent with
    section 1281 of this title.
    (b) Use of population density as test
      If the Administrator uses population density as a test for
    determining the eligibility of a collector sewer for assistance it
    shall be only for the purpose of evaluating alternatives and
    determining the needs for such system in relation to ground or
    surface water quality impact.
    (c) Pollutant discharges from separate storm sewer systems
      No grant shall be made under this subchapter from funds
    authorized for any fiscal year during the period beginning October
    1, 1977, and ending September 30, 1990, for treatment works for
    control of pollutant discharges from separate storm sewer systems.
-SOURCE-
    (June 30, 1948, ch. 758, title II, Sec. 211, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 843; amended Pub. L. 95-217,
    Sec. 36, Dec. 27, 1977, 91 Stat. 1581; Pub. L. 97-117, Sec. 2(b),
    Dec. 29, 1981, 95 Stat. 1623; Pub. L. 100-4, title II, Sec. 206(d),
    Feb. 4, 1987, 101 Stat. 20.)
-MISC1-
                                AMENDMENTS
      1987 - Subsec. (c). Pub. L. 100-4 substituted "1990" for "1985".
      1981 - Subsec. (c). Pub. L. 97-117 substituted "September 30,
    1985" for "September 30, 1982".
      1977 - Pub. L. 95-217 designated existing provisions as subsec.
    (a) and added subsecs. (b) and (c).
-End-
-CITE-
    33 USC Sec. 1292                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1292. Definitions
-STATUTE-
      As used in this subchapter -
      (1) The term "construction" means any one or more of the
    following: preliminary planning to determine the feasibility of
    treatment works, engineering, architectural, legal, fiscal, or
    economic investigations or studies, surveys, designs, plans,
    working drawings, specifications, procedures, field testing of
    innovative or alternative waste water treatment processes and
    techniques meeting guidelines promulgated under section 1314(d)(3)
    of this title, or other necessary actions, erection, building,
    acquisition, alteration, remodeling, improvement, or extension of
    treatment works, or the inspection or supervision of any of the
    foregoing items.
      (2)(A) The term "treatment works" means any devices and systems
    used in the storage, treatment, recycling, and reclamation of
    municipal sewage or industrial wastes of a liquid nature to
    implement section 1281 of this title, or necessary to recycle or
    reuse water at the most economical cost over the estimated life of
    the works, including intercepting sewers, outfall sewers, sewage
    collection systems, pumping, power, and other equipment, and their
    appurtenances; extensions, improvements, remodeling, additions, and
    alterations thereof; elements essential to provide a reliable
    recycled supply such as standby treatment units and clear well
    facilities; and any works, including site acquisition of the land
    that will be an integral part of the treatment process (including
    land used for the storage of treated wastewater in land treatment
    systems prior to land application) or is used for ultimate disposal
    of residues resulting from such treatment.
      (B) In addition to the definition contained in subparagraph (A)
    of this paragraph, "treatment works" means any other method or
    system for preventing, abating, reducing, storing, treating,
    separating, or disposing of municipal waste, including storm water
    runoff, or industrial waste, including waste in combined storm
    water and sanitary sewer systems. Any application for construction
    grants which includes wholly or in part such methods or systems
    shall, in accordance with guidelines published by the Administrator
    pursuant to subparagraph (C) of this paragraph, contain adequate
    data and analysis demonstrating such proposal to be, over the life
    of such works, the most cost efficient alternative to comply with
    sections 1311 or 1312 of this title, or the requirements of section
    1281 of this title.
      (C) For the purposes of subparagraph (B) of this paragraph, the
    Administrator shall, within one hundred and eighty days after
    October 18, 1972, publish and thereafter revise no less often than
    annually, guidelines for the evaluation of methods, including cost-
    effective analysis, described in subparagraph (B) of this
    paragraph.
      (3) The term "replacement" as used in this subchapter means those
    expenditures for obtaining and installing equipment, accessories,
    or appurtenances during the useful life of the treatment works
    necessary to maintain the capacity and performance for which such
    works are designed and constructed.
-SOURCE-
    (June 30, 1948, ch. 758, title II, Sec. 212, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 844; amended Pub. L. 95-217,
    Sec. 37, Dec. 27, 1977, 91 Stat. 1581; Pub. L. 97-117, Sec. 8(d),
    Dec. 29, 1981, 95 Stat. 1626.)
-MISC1-
                                AMENDMENTS
      1981 - Par. (1). Pub. L. 97-117 inserted "field testing of
    innovative or alternative waste water treatment processes and
    techniques meeting guidelines promulgated under section 1314(d)(3)
    of this title," after "procedures,".
      1977 - Par. (2)(A). Pub. L. 95-217 inserted "(including land used
    for the storage of treated wastewater in land treatment systems
    prior to land application)" after "integral part of the treatment
    process".
-End-
-CITE-
    33 USC Sec. 1293                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1293. Loan guarantees
-STATUTE-
    (a) State or local obligations issued exclusively to Federal
      Financing Bank for publicly owned treatment works; determination
      of eligibility of project by Administrator
      Subject to the conditions of this section and to such terms and
    conditions as the Administrator determines to be necessary to carry
    out the purposes of this subchapter, the Administrator is
    authorized to guarantee, and to make commitments to guarantee, the
    principal and interest (including interest accruing between the
    date of default and the date of the payment in full of the
    guarantee) of any loan, obligation, or participation therein of any
    State, municipality, or intermunicipal or interstate agency issued
    directly and exclusively to the Federal Financing Bank to finance
    that part of the cost of any grant-eligible project for the
    construction of publicly owned treatment works not paid for with
    Federal financial assistance under this subchapter (other than this
    section), which project the Administrator has determined to be
    eligible for such financial assistance under this subchapter,
    including, but not limited to, projects eligible for reimbursement
    under section 1286 of this title.
    (b) Conditions for issuance
      No guarantee, or commitment to make a guarantee, may be made
    pursuant to this section -
        (1) unless the Administrator certifies that the issuing body is
      unable to obtain on reasonable terms sufficient credit to finance
      its actual needs without such guarantee; and
        (2) unless the Administrator determines that there is a
      reasonable assurance of repayment of the loan, obligation, or
      participation therein.
    A determination of whether financing is available at reasonable
    rates shall be made by the Secretary of the Treasury with
    relationship to the current average yield on outstanding marketable
    obligations of municipalities of comparable maturity.
    (c) Fees for application investigation and issuance of commitment
      guarantee
      The Administrator is authorized to charge reasonable fees for the
    investigation of an application for a guarantee and for the
    issuance of a commitment to make a guarantee.
    (d) Commitment for repayment
      The Administrator, in determining whether there is a reasonable
    assurance of repayment, may require a commitment which would apply
    to such repayment. Such commitment may include, but not be limited
    to, any funds received by such grantee from the amounts
    appropriated under section 1286 of this title.
-SOURCE-
    (June 30, 1948, ch. 758, title II, Sec. 213, as added Pub. L. 94-
    558, Oct. 19, 1976, 90 Stat. 2639; amended Pub. L. 96-483, Sec.
    2(e), Oct. 21, 1980, 94 Stat. 2361.)
-MISC1-
                                AMENDMENTS
      1980 - Subsec. (d). Pub. L. 96-483 struck out "(1) all or any
    portion of the funds retained by such grantee under section
    1284(b)(3) of this title, and (2)" after "limited to".
                     EFFECTIVE DATE OF 1980 AMENDMENT
      Amendment by Pub. L. 96-483 effective Dec. 27, 1977, see section
    2(g) of Pub. L. 96-483, set out as a note under section 1281 of
    this title.
-End-
-CITE-
    33 USC Sec. 1293a                                           01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1293a. Contained spoil disposal facilities
-STATUTE-
    (a) Construction, operation, and maintenance; period; conditions;
      requirements
      The Secretary of the Army, acting through the Chief of Engineers,
    is authorized to construct, operate, and maintain, subject to the
    provisions of subsection (c) of this section, contained spoil
    disposal facilities of sufficient capacity for a period not to
    exceed ten years, to meet the requirements of this section. Before
    establishing each such facility, the Secretary of the Army shall
    obtain the concurrence of appropriate local governments and shall
    consider the views and recommendations of the Administrator of the
    Environmental Protection Agency and shall comply with requirements
    of section 1171 of this title, and of the National Environmental
    Policy Act of 1969 [42 U.S.C. 4321 et seq.]. Section 401 of this
    title shall not apply to any facility authorized by this section.
    (b) Time for establishment; consideration of area needs;
      requirements
      The Secretary of the Army, acting through the Chief of Engineers,
    shall establish the contained spoil disposal facilities authorized
    in subsection (a) of this section at the earliest practicable date,
    taking into consideration the views and recommendations of the
    Administrator of the Environmental Protection Agency as to those
    areas which, in the Administrator's judgment, are most urgently in
    need of such facilities and pursuant to the requirements of the
    National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]
    and the Federal Water Pollution Control Act [33 U.S.C. 1251 et
    seq.].
    (c) Written agreement requirement; terms of agreement
      Prior to construction of any such facility, the appropriate State
    or States, interstate agency, municipality, or other appropriate
    political subdivision of the State shall agree in writing to (1)
    furnish all lands, easements, and rights-of-way necessary for the
    construction, operation, and maintenance of the facility; (2)
    contribute to the United States 25 per centum of the construction
    costs, such amount to be payable either in cash prior to
    construction, in installments during construction, or in
    installments, with interest at a rate to be determined by the
    Secretary of the Treasury, as of the beginning of the fiscal year
    in which construction is initiated, on the basis of the computed
    average interest rate payable by the Treasury upon its outstanding
    marketable public obligations, which are neither due or callable
    for redemption for fifteen years from date of issue; (3) hold and
    save the United States free from damages due to construction,
    operation, and maintenance of the facility; and (4) except as
    provided in subsection (f) of this section, maintain the facility
    after completion of its use for disposal purposes in a manner
    satisfactory to the Secretary of the Army.
    (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
      The requirement for appropriate non-Federal interest or interests
    to furnish an agreement to contribute 25 per centum of the
    construction costs as set forth in subsection (c) of this section
    shall be waived by the Secretary of the Army upon a finding by the
    Administrator of the Environmental Protection Agency that for the
    area to which such construction applies, the State or States
    involved, interstate agency, municipality, and other appropriate
    political subdivision of the State and industrial concerns are
    participating in and in compliance with an approved plan for the
    general geographical area of the dredging activity for
    construction, modification, expansion, or rehabilitation of waste
    treatment facilities and the Administrator has found that
    applicable water quality standards are not being violated. In the
    event such findings occur after the appropriate non-Federal
    interest or interests have entered into the agreement required by
    subsection (c) of this section, any payments due after the date of
    such findings as part of the required local contribution of 25 per
    centum of the construction costs shall be waived by the Secretary
    of the Army.
    (e) Federal payment of costs for disposal of dredged spoil from
      project
      Notwithstanding any other provision of law, all costs of disposal
    of dredged spoil from the project for the Great Lakes connecting
    channels, Michigan, shall be borne by the United States.
    (f) Title to lands, easements, and rights-of-way; retention by non-
      Federal interests; conveyance of facilities; agreement of
      transferee
      The participating non-Federal interest or interests shall retain
    title to all lands, easements, and rights-of-way furnished by it
    pursuant to subsection (c) of this section. A spoil disposal
    facility owned by a non-Federal interest or interests may be
    conveyed to another party only after completion of the facility's
    use for disposal purposes and after the transferee agrees in
    writing to use or maintain the facility in a manner which the
    Secretary of the Army determines to be satisfactory.
    (g) Federal licenses or permits; charges; remission of charge
      Any spoil disposal facilities constructed under the provisions of
    this section shall be made available to Federal licensees or
    permittees upon payment of an appropriate charge for such use.
    Twenty-five per centum of such charge shall be remitted to the
    participating non-Federal interest or interests except for those
    excused from contributing to the construction costs under
    subsections (d) and (e) of this section.
    (h) Provisions applicable to Great Lakes and their connecting
      channels
      This section, other than subsection (i), shall be applicable only
    to the Great Lakes and their connecting channels.
    (i) Research, study, and experimentation program relating to
      dredged spoil extended to navigable waters, etc.; cooperative
      program; scope of program; utilization of facilities and
      personnel of Federal agency
      The Chief of Engineers, under the direction of the Secretary of
    the Army, is hereby authorized to extend to all navigable waters,
    connecting channels, tributary streams, other waters of the United
    States and waters contiguous to the United States, a comprehensive
    program of research, study, and experimentation relating to dredged
    spoil. This program shall be carried out in cooperation with other
    Federal and State agencies, and shall include, but not be limited
    to, investigations on the characteristics of dredged spoil, and
    alternative methods of its disposal. To the extent that such study
    shall include the effects of such dredge spoil on water quality,
    the facilities and personnel of the Environmental Protection Agency
    shall be utilized.
    (j) Period for depositing dredged materials
      The Secretary of the Army, acting through the Chief of Engineers,
    is authorized to continue to deposit dredged materials into a
    contained spoil disposal facility constructed under this section
    until the Secretary determines that such facility is no longer
    needed for such purpose or that such facility is completely full.
    (k) Study and monitoring program
      (1) Study
        The Secretary of the Army, acting through the Chief of
      Engineers, shall conduct a study of the materials disposed of in
      contained spoil disposal facilities constructed under this
      section for the purpose of determining whether or not toxic
      pollutants are present in such facilities and for the purpose of
      determining the concentration levels of each of such pollutants
      in such facilities.
      (2) Report
        Not later than 1 year after November 17, 1988, the Secretary
      shall transmit to Congress a report on the results of the study
      conducted under paragraph (1).
      (3) Inspection and monitoring program
        The Secretary shall conduct a program to inspect and monitor
      contained spoil disposal facilities constructed under this
      section for the purpose of determining whether or not toxic
      pollutants are leaking from such facilities.
      (4) Toxic pollutant defined
        For purposes of this subsection, the term "toxic pollutant"
      means those toxic pollutants referred to in section 1311(b)(2)(C)
      and 1311(b)(2)(D) of this title and such other pollutants as the
      Secretary, in consultation with the Administrator of the
      Environmental Protection Agency, determines are appropriate based
      on their effects on human health and the environment.
-SOURCE-
    (Pub. L. 91-611, title I, Sec. 123, Dec. 31, 1970, 84 Stat. 1823;
    Pub. L. 93-251, title I, Sec. 23, Mar. 7, 1974, 88 Stat. 20; Pub.
    L. 100-676, Sec. 24, Nov. 17, 1988, 102 Stat. 4027.)
-REFTEXT-
                            REFERENCES IN TEXT
      Section 1171 of this title, referred to in subsec. (a), was
    omitted as superseded.
      The National Environmental Policy Act of 1969, referred to in
    subsecs. (a) and (b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat.
    852, as amended, which is classified generally to chapter 55 (Sec.
    4321 et seq.) of Title 42, The Public Health and Welfare. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 4321 of Title 42 and Tables.
      The Federal Water Pollution Control Act, referred to in subsec.
    (b), is act June 30, 1948, ch. 758, as amended generally by Pub. L.
    92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified
    generally to this chapter (Sec. 1251 et seq.). For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1251 of this title and Tables.
-COD-
                               CODIFICATION
      Section was formerly classified to section 1165a of this title.
      Section was not enacted as a part of the Federal Water Pollution
    Control Act which comprises this chapter.
-MISC1-
                                AMENDMENTS
      1988 - Subsec. (j). Pub. L. 100-676, Sec. 24(a), added subsec.
    (j).
      Subsec. (k). Pub. L. 100-676, Sec. 24(b), added subsec. (k).
      1974 - Subsec. (d). Pub. L. 93-251 inserted provision for waiver
    of payments in event of a written agreement before occurrence of
    findings.
                 GREAT LAKES CONFINED DISPOSAL FACILITIES
      Pub. L. 104-303, title V, Sec. 513, Oct. 12, 1996, 110 Stat.
    3762, provided that:
      "(a) Assessment. - Pursuant to the responsibilities of the
    Secretary under section 123 of the River and Harbor Act of 1970 (33
    U.S.C. 1293a), the Secretary shall conduct an assessment of the
    general conditions of confined disposal facilities in the Great
    Lakes.
      "(b) Report. - Not later than 3 years after the date of the
    enactment of this Act [Oct. 12, 1996], the Secretary shall transmit
    to Congress a report on the results of the assessment conducted
    under subsection (a), including the following:
        "(1) A description of the cumulative effects of confined
      disposal facilities in the Great Lakes.
        "(2) Recommendations for specific remediation actions for each
      confined disposal facility in the Great Lakes.
        "(3) An evaluation of, and recommendations for, confined
      disposal facility management practices and technologies to
      conserve capacity at such facilities and to minimize adverse
      environmental effects at such facilities throughout the Great
      Lakes system."
-End-
-CITE-
    33 USC Sec. 1294                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1294. Public information and education on recycling and reuse
      of wastewater, use of land treatment, and reduction of wastewater
      volume
-STATUTE-
      The Administrator shall develop and operate within one year of
    December 27, 1977, a continuing program of public information and
    education on recycling and reuse of wastewater (including sludge),
    the use of land treatment, and methods for the reduction of
    wastewater volume.
-SOURCE-
    (June 30, 1948, ch. 758, title II, Sec. 214, as added Pub. L. 95-
    217, Sec. 38, Dec. 27, 1977, 91 Stat. 1581.)
-End-
-CITE-
    33 USC Sec. 1295                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1295. Requirements for American materials
-STATUTE-
      Notwithstanding any other provision of law, no grant for which
    application is made after February 1, 1978, shall be made under
    this subchapter for any treatment works unless only such
    unmanufactured articles, materials, and supplies as have been mined
    or produced in the United States, and only such manufactured
    articles, materials, and supplies as have been manufactured in the
    United States, substantially all from articles, materials, or
    supplies mined, produced, or manufactured, as the case may be, in
    the United States will be used in such treatment works. This
    section shall not apply in any case where the Administrator
    determines, based upon those factors the Administrator deems
    relevant, including the available resources of the agency, it to be
    inconsistent with the public interest (including multilateral
    government procurement agreements) or the cost to be unreasonable,
    or if articles, materials, or supplies of the class or kind to be
    used or the articles, materials, or supplies from which they are
    manufactured are not mined, produced, or manufactured, as the case
    may be, in the United States in sufficient and reasonably available
    commercial quantities and of a satisfactory quality.
-SOURCE-
    (June 30, 1948, ch. 758, title II, Sec. 215, as added Pub. L. 95-
    217, Sec. 39, Dec. 27, 1977, 91 Stat. 1581.)
-End-
-CITE-
    33 USC Sec. 1296                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1296. Determination of priority of projects
-STATUTE-
      Notwithstanding any other provision of this chapter, the
    determination of the priority to be given each category of projects
    for construction of publicly owned treatment works within each
    State shall be made solely by that State, except that if the
    Administrator, after a public hearing, determines that a specific
    project will not result in compliance with the enforceable
    requirements of this chapter, such project shall be removed from
    the State's priority list and such State shall submit a revised
    priority list. These categories shall include, but not be limited
    to (A) secondary treatment, (B) more stringent treatment, (C)
    infiltration-in-flow correction, (D) major sewer system
    rehabilitation, (E) new collector sewers and appurtenances, (F) new
    interceptors and appurtenances, and (G) correction of combined
    sewer overflows. Not less than 25 per centum of funds allocated to
    a State in any fiscal year under this subchapter for construction
    of publicly owned treatment works in such State shall be obligated
    for those types of projects referred to in clauses (D), (E), (F),
    and (G) of this section, if such projects are on such State's
    priority list for that year and are otherwise eligible for funding
    in that fiscal year. It is the policy of Congress that projects for
    wastewater treatment and management undertaken with Federal
    financial assistance under this chapter by any State, municipality,
    or intermunicipal or interstate agency shall be projects which, in
    the estimation of the State, are designed to achieve optimum water
    quality management, consistent with the public health and water
    quality goals and requirements of this chapter.
-SOURCE-
    (June 30, 1948, ch. 758, title II, Sec. 216, as added Pub. L. 95-
    217, Sec. 40, Dec. 27, 1977, 91 Stat. 1582; amended Pub. L. 97-
    117, Sec. 18, Dec. 29, 1981, 95 Stat. 1630.)
-MISC1-
                                AMENDMENTS
      1981 - Pub. L. 97-117 inserted provision that it is the policy of
    Congress that projects for wastewater treatment and management
    undertaken with Federal financial assistance under this chapter by
    any State, municipality, or intermunicipal or interstate agency be
    projects which, in the estimation of the State, are designed to
    achieve optimum water quality management, consistent with the
    public health and water quality goals and requirements of this
    chapter.
-End-
-CITE-
    33 USC Sec. 1297                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1297. Guidelines for cost-effectiveness analysis
-STATUTE-
      Any guidelines for cost-effectiveness analysis published by the
    Administrator under this subchapter shall provide for the
    identification and selection of cost effective alternatives to
    comply with the objectives and goals of this chapter and sections
    1281(b), 1281(d), 1281(g)(2)(A), and 1311(b)(2)(B) of this title.
-SOURCE-
    (June 30, 1948, ch. 758, title II, Sec. 217, as added Pub. L. 95-
    217, Sec. 41, Dec. 27, 1977, 91 Stat. 1582.)
-End-
-CITE-
    33 USC Sec. 1298                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1298. Cost effectiveness
-STATUTE-
    (a) Congressional statement of policy
      It is the policy of Congress that a project for waste treatment
    and management undertaken with Federal financial assistance under
    this chapter by any State, municipality, or intermunicipal or
    interstate agency shall be considered as an overall waste treatment
    system for waste treatment and management, and shall be that system
    which constitutes the most economical and cost-effective
    combination of devices and systems used in the storage, treatment,
    recycling, and reclamation of municipal sewage or industrial wastes
    of a liquid nature to implement section 1281 of this title, or
    necessary to recycle or reuse water at the most economical cost
    over the estimated life of the works, including intercepting
    sewers, outfall sewers, sewage collection systems, pumping power,
    and other equipment, and their appurtenances; extension,
    improvements, remodeling, additions, and alterations thereof;
    elements essential to provide a reliable recycled supply such as
    standby treatment units and clear well facilities; and any works,
    including site acquisition of the land that will be an integral
    part of the treatment process (including land use for the storage
    of treated wastewater in land treatment systems prior to land
    application) or which is used for ultimate disposal of residues
    resulting from such treatment; water efficiency measures and
    devices; and any other method or system for preventing, abating,
    reducing, storing, treating, separating, or disposing of municipal
    waste, including storm water runoff, or industrial waste, including
    waste in combined storm water and sanitary sewer systems; to meet
    the requirements of this chapter.
    (b) Determination by Administrator as prerequisite to approval of
      grant
      In accordance with the policy set forth in subsection (a) of this
    section, before the Administrator approves any grant to any State,
    municipality, or intermunicipal or interstate agency for the
    erection, building, acquisition, alteration, remodeling,
    improvement, or extension of any treatment works the Administrator
    shall determine that the facilities plan of which such treatment
    works are a part constitutes the most economical and cost-effective
    combination of treatment works over the life of the project to meet
    the requirements of this chapter, including, but not limited to,
    consideration of construction costs, operation, maintenance, and
    replacement costs.
    (c) Value engineering review
      In furtherance of the policy set forth in subsection (a) of this
    section, the Administrator shall require value engineering review
    in connection with any treatment works, prior to approval of any
    grant for the erection, building, acquisition, alteration,
    remodeling, improvement, or extension of such treatment works, in
    any case in which the cost of such erection, building, acquisition,
    alteration, remodeling, improvement, or extension is projected to
    be in excess of $10,000,000. For purposes of this subsection, the
    term "value engineering review" means a specialized cost control
    technique which uses a systematic and creative approach to identify
    and to focus on unnecessarily high cost in a project in order to
    arrive at a cost saving without sacrificing the reliability or
    efficiency of the project.
    (d) Projects affected
      This section applies to projects for waste treatment and
    management for which no treatment works including a facilities plan
    for such project have received Federal financial assistance for the
    preparation of construction plans and specifications under this
    chapter before December 29, 1981.
-SOURCE-
    (June 30, 1948, ch. 758, title II, Sec. 218, as added Pub. L. 97-
    117, Sec. 19, Dec. 29, 1981, 95 Stat. 1630.)
-End-
-CITE-
    33 USC Sec. 1299                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1299. State certification of projects
-STATUTE-
      Whenever the Governor of a State which has been delegated
    sufficient authority to administer the construction grant program
    under this subchapter in that State certifies to the Administrator
    that a grant application meets applicable requirements of Federal
    and State law for assistance under this subchapter, the
    Administrator shall approve or disapprove such application within
    45 days of the date of receipt of such application. If the
    Administrator does not approve or disapprove such application
    within 45 days of receipt, the application shall be deemed
    approved. If the Administrator disapproves such application the
    Administrator shall state in writing the reasons for such
    disapproval. Any grant approved or deemed approved under this
    section shall be subject to amounts provided in appropriation Acts.
-SOURCE-
    (June 30, 1948, ch. 758, title II, Sec. 219, as added Pub. L. 97-
    117, Sec. 20, Dec. 29, 1981, 95 Stat. 1631.)
-End-
-CITE-
    33 USC Sec. 1300                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1300. Pilot program for alternative water source projects
-STATUTE-
    (a) Policy
      Nothing in this section shall be construed to affect the
    application of section 1251(g) of this title and all of the
    provisions of this section shall be carried out in accordance with
    the provisions of section 1251(g) of this title.
    (b) In general
      The Administrator may establish a pilot program to make grants to
    State, interstate, and intrastate water resource development
    agencies (including water management districts and water supply
    authorities), local government agencies, private utilities, and
    nonprofit entities for alternative water source projects to meet
    critical water supply needs.
    (c) Eligible entity
      The Administrator may make grants under this section to an entity
    only if the entity has authority under State law to develop or
    provide water for municipal, industrial, and agricultural uses in
    an area of the State that is experiencing critical water supply
    needs.
    (d) Selection of projects
      (1) Limitation
        A project that has received funds under the reclamation and
      reuse program conducted under the Reclamation Projects
      Authorization and Adjustment Act of 1992 (43 U.S.C. 390h et seq.)
      shall not be eligible for grant assistance under this section.
      (2) Additional consideration
        In making grants under this section, the Administrator shall
      consider whether the project is located within the boundaries of
      a State or area referred to in section 391 of title 43, and
      within the geographic scope of the reclamation and reuse program
      conducted under the Reclamation Projects Authorization and
      Adjustment Act of 1992 (43 U.S.C. 390h et seq.).
      (3) Geographical distribution
        Alternative water source projects selected by the Administrator
      under this section shall reflect a variety of geographical and
      environmental conditions.
    (e) Committee resolution procedure
      (1) In general
        No appropriation shall be made for any alternative water source
      project under this section, the total Federal cost of which
      exceeds $3,000,000, if such project has not been approved by a
      resolution adopted by the Committee on Transportation and
      Infrastructure of the House of Representatives or the Committee
      on Environment and Public Works of the Senate.
      (2) Requirements for securing consideration
        For purposes of securing consideration of approval under
      paragraph (1), the Administrator shall provide to a committee
      referred to in paragraph (1) such information as the committee
      requests and the non-Federal sponsor shall provide to the
      committee information on the costs and relative needs for the
      alternative water source project.
    (f) Uses of grants
      Amounts from grants received under this section may be used for
    engineering, design, construction, and final testing of alternative
    water source projects designed to meet critical water supply needs.
    Such amounts may not be used for planning, feasibility studies or
    for operation, maintenance, replacement, repair, or rehabilitation.
    (g) Cost sharing
      The Federal share of the eligible costs of an alternative water
    source project carried out using assistance made available under
    this section shall not exceed 50 percent.
    (h) Reports
      On or before September 30, 2004, the Administrator shall transmit
    to Congress a report on the results of the pilot program
    established under this section, including progress made toward
    meeting the critical water supply needs of the participants in the
    pilot program.
    (i) Definitions
      In this section, the following definitions apply:
      (1) Alternative water source project
        The term "alternative water source project" means a project
      designed to provide municipal, industrial, and agricultural water
      supplies in an environmentally sustainable manner by conserving,
      managing, reclaiming, or reusing water or wastewater or by
      treating wastewater. Such term does not include water treatment
      or distribution facilities.
      (2) Critical water supply needs
        The term "critical water supply needs" means existing or
      reasonably anticipated future water supply needs that cannot be
      met by existing water supplies, as identified in a comprehensive
      statewide or regional water supply plan or assessment projected
      over a planning period of at least 20 years.
    (j) Authorization of appropriations
      There is authorized to be appropriated to carry out this section
    a total of $75,000,000 for fiscal years 2002 through 2004. Such
    sums shall remain available until expended.
-SOURCE-
    (June 30, 1948, ch. 758, title II, Sec. 220, as added Pub. L. 106-
    457, title VI, Sec. 602, Nov. 7, 2000, 114 Stat. 1975.)
-REFTEXT-
                            REFERENCES IN TEXT
      The Reclamation Projects Authorization and Adjustment Act of
    1992, referred to in subsec. (d)(1), (2), is Pub. L. 102-575, Oct.
    30, 1992, 106 Stat. 4600, as amended. Provisions relating to the
    reclamation and reuse program are classified generally to section
    390h et seq. of Title 43, Public Lands. For complete classification
    of this Act to the Code, see Short Title of 1992 Amendment note set
    out under section 371 of Title 43 and Tables.
-End-
-CITE-
    33 USC Sec. 1301                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER II - GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
-HEAD-
    Sec. 1301. Sewer overflow control grants
-STATUTE-
    (a) In general
      In any fiscal year in which the Administrator has available for
    obligation at least $1,350,000,000 for the purposes of section 1381
    of this title -
        (1) the Administrator may make grants to States for the purpose
      of providing grants to a municipality or municipal entity for
      planning, design, and construction of treatment works to
      intercept, transport, control, or treat municipal combined sewer
      overflows and sanitary sewer overflows; and
        (2) subject to subsection (g) of this section, the
      Administrator may make a direct grant to a municipality or
      municipal entity for the purposes described in paragraph (1).
    (b) Prioritization
      In selecting from among municipalities applying for grants under
    subsection (a) of this section, a State or the Administrator shall
    give priority to an applicant that -
        (1) is a municipality that is a financially distressed
      community under subsection (c) of this section;
        (2) has implemented or is complying with an implementation
      schedule for the nine minimum controls specified in the CSO
      control policy referred to in section 1342(q)(1) of this title
      and has begun implementing a long-term municipal combined sewer
      overflow control plan or a separate sanitary sewer overflow
      control plan;
        (3) is requesting a grant for a project that is on a State's
      intended use plan pursuant to section 1386(c) of this title; or
        (4) is an Alaska Native Village.
    (c) Financially distressed community
      (1) Definition
        In subsection (b) of this section, the term "financially
      distressed community" means a community that meets affordability
      criteria established by the State in which the community is
      located, if such criteria are developed after public review and
      comment.
      (2) Consideration of impact on water and sewer rates
        In determining if a community is a distressed community for the
      purposes of subsection (b) of this section, the State shall
      consider, among other factors, the extent to which the rate of
      growth of a community's tax base has been historically slow such
      that implementing a plan described in subsection (b)(2) of this
      section would result in a significant increase in any water or
      sewer rate charged by the community's publicly owned wastewater
      treatment facility.
      (3) Information to assist States
        The Administrator may publish information to assist States in
      establishing affordability criteria under paragraph (1).
    (d) Cost-sharing
      The Federal share of the cost of activities carried out using
    amounts from a grant made under subsection (a) of this section
    shall be not less than 55 percent of the cost. The non-Federal
    share of the cost may include, in any amount, public and private
    funds and in-kind services, and may include, notwithstanding
    section 1383(h) of this title, financial assistance, including
    loans, from a State water pollution control revolving fund.
    (e) Administrative reporting requirements
      If a project receives grant assistance under subsection (a) of
    this section and loan assistance from a State water pollution
    control revolving fund and the loan assistance is for 15 percent or
    more of the cost of the project, the project may be administered in
    accordance with State water pollution control revolving fund
    administrative reporting requirements for the purposes of
    streamlining such requirements.
    (f) Authorization of appropriations
      There is authorized to be appropriated to carry out this section
    $750,000,000 for each of fiscal years 2002 and 2003. Such sums
    shall remain available until expended.
    (g) Allocation of funds
      (1) Fiscal year 2002
        Subject to subsection (h) of this section, the Administrator
      shall use the amounts appropriated to carry out this section for
      fiscal year 2002 for making grants to municipalities and
      municipal entities under subsection (a)(2) of this section, in
      accordance with the criteria set forth in subsection (b) of this
      section.
      (2) Fiscal year 2003
        Subject to subsection (h) of this section, the Administrator
      shall use the amounts appropriated to carry out this section for
      fiscal year 2003 as follows:
          (A) Not to exceed $250,000,000 for making grants to
        municipalities and municipal entities under subsection (a)(2)
        of this section, in accordance with the criteria set forth in
        subsection (b) of this section.
          (B) All remaining amounts for making grants to States under
        subsection (a)(1) of this section, in accordance with a formula
        to be established by the Administrator, after providing notice
        and an opportunity for public comment, that allocates to each
        State a proportional share of such amounts based on the total
        needs of the State for municipal combined sewer overflow
        controls and sanitary sewer overflow controls identified in the
        most recent survey conducted pursuant to section 1375(b)(1) of
        this title.
    (h) Administrative expenses
      Of the amounts appropriated to carry out this section for each
    fiscal year -
        (1) the Administrator may retain an amount not to exceed 1
      percent for the reasonable and necessary costs of administering
      this section; and
        (2) the Administrator, or a State, may retain an amount not to
      exceed 4 percent of any grant made to a municipality or municipal
      entity under subsection (a) of this section, for the reasonable
      and necessary costs of administering the grant.
    (i) Reports
      Not later than December 31, 2003, and periodically thereafter,
    the Administrator shall transmit to Congress a report containing
    recommended funding levels for grants under this section. The
    recommended funding levels shall be sufficient to ensure the
    continued expeditious implementation of municipal combined sewer
    overflow and sanitary sewer overflow controls nationwide.
-SOURCE-
    (June 30, 1948, ch. 758, title II, Sec. 221, as added Pub. L. 106-
    554, Sec. 1(a)(4) [div. B, title I, Sec. 112(c)], Dec. 21, 2000,
    114 Stat. 2763, 2763A-225.)
-MISC1-
                       INFORMATION ON CSOS AND SSOS
      Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 112(d)],
    Dec. 21, 2000, 114 Stat. 2763, 2763A-227, provided that:
      "(1) Report to congress. - Not later than 3 years after the date
    of enactment of this Act [Dec. 21, 2000], the Administrator of the
    Environmental Protection Agency shall transmit to Congress a report
    summarizing -
        "(A) the extent of the human health and environmental impacts
      caused by municipal combined sewer overflows and sanitary sewer
      overflows, including the location of discharges causing such
      impacts, the volume of pollutants discharged, and the
      constituents discharged;
        "(B) the resources spent by municipalities to address these
      impacts; and
        "(C) an evaluation of the technologies used by municipalities
      to address these impacts.
      "(2) Technology clearinghouse. - After transmitting a report
    under paragraph (1), the Administrator shall maintain a
    clearinghouse of cost-effective and efficient technologies for
    addressing human health and environmental impacts due to municipal
    combined sewer overflows and sanitary sewer overflows."
-End-
-CITE-
    33 USC SUBCHAPTER III - STANDARDS AND ENFORCEMENT           01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-HEAD-
                SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-End-
-CITE-
    33 USC Sec. 1311                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-HEAD-
    Sec. 1311. Effluent limitations
-STATUTE-
    (a) Illegality of pollutant discharges except in compliance with
      law
      Except as in compliance with this section and sections 1312,
    1316, 1317, 1328, 1342, and 1344 of this title, the discharge of
    any pollutant by any person shall be unlawful.
    (b) Timetable for achievement of objectives
      In order to carry out the objective of this chapter there shall
    be achieved -
        (1)(A) not later than July 1, 1977, effluent limitations for
      point sources, other than publicly owned treatment works, (i)
      which shall require the application of the best practicable
      control technology currently available as defined by the
      Administrator pursuant to section 1314(b) of this title, or (ii)
      in the case of a discharge into a publicly owned treatment works
      which meets the requirements of subparagraph (B) of this
      paragraph, which shall require compliance with any applicable
      pretreatment requirements and any requirements under section 1317
      of this title; and
        (B) for publicly owned treatment works in existence on July 1,
      1977, or approved pursuant to section 1283 of this title prior to
      June 30, 1974 (for which construction must be completed within
      four years of approval), effluent limitations based upon
      secondary treatment as defined by the Administrator pursuant to
      section 1314(d)(1) of this title; or,
        (C) not later than July 1, 1977, any more stringent limitation,
      including those necessary to meet water quality standards,
      treatment standards, or schedules of compliance, established
      pursuant to any State law or regulations (under authority
      preserved by section 1370 of this title) or any other Federal law
      or regulation, or required to implement any applicable water
      quality standard established pursuant to this chapter.
        (2)(A) for pollutants identified in subparagraphs (C), (D), and
      (F) of this paragraph, effluent limitations for categories and
      classes of point sources, other than publicly owned treatment
      works, which (i) shall require application of the best available
      technology economically achievable for such category or class,
      which will result in reasonable further progress toward the
      national goal of eliminating the discharge of all pollutants, as
      determined in accordance with regulations issued by the
      Administrator pursuant to section 1314(b)(2) of this title, which
      such effluent limitations shall require the elimination of
      discharges of all pollutants if the Administrator finds, on the
      basis of information available to him (including information
      developed pursuant to section 1325 of this title), that such
      elimination is technologically and economically achievable for a
      category or class of point sources as determined in accordance
      with regulations issued by the Administrator pursuant to section
      1314(b)(2) of this title, or (ii) in the case of the introduction
      of a pollutant into a publicly owned treatment works which meets
      the requirements of subparagraph (B) of this paragraph, shall
      require compliance with any applicable pretreatment requirements
      and any other requirement under section 1317 of this title;
        (B) Repealed. Pub. L. 97-117, Sec. 21(b), Dec. 29, 1981, 95
      Stat. 1632.
        (C) with respect to all toxic pollutants referred to in table 1
      of Committee Print Numbered 95-30 of the Committee on Public
      Works and Transportation of the House of Representatives
      compliance with effluent limitations in accordance with
      subparagraph (A) of this paragraph as expeditiously as
      practicable but in no case later than three years after the date
      such limitations are promulgated under section 1314(b) of this
      title, and in no case later than March 31, 1989;
        (D) for all toxic pollutants listed under paragraph (1) of
      subsection (a) of section 1317 of this title which are not
      referred to in subparagraph (C) of this paragraph compliance with
      effluent limitations in accordance with subparagraph (A) of this
      paragraph as expeditiously as practicable, but in no case later
      than three years after the date such limitations are promulgated
      under section 1314(b) of this title, and in no case later than
      March 31, 1989;
        (E) as expeditiously as practicable but in no case later than
      three years after the date such limitations are promulgated under
      section 1314(b) of this title, and in no case later than March
      31, 1989, compliance with effluent limitations for categories and
      classes of point sources, other than publicly owned treatment
      works, which in the case of pollutants identified pursuant to
      section 1314(a)(4) of this title shall require application of the
      best conventional pollutant control technology as determined in
      accordance with regulations issued by the Administrator pursuant
      to section 1314(b)(4) of this title; and
        (F) for all pollutants (other than those subject to
      subparagraphs (C), (D), or (E) of this paragraph) compliance with
      effluent limitations in accordance with subparagraph (A) of this
      paragraph as expeditiously as practicable but in no case later
      than 3 years after the date such limitations are established, and
      in no case later than March 31, 1989.
        (3)(A) for effluent limitations under paragraph (1)(A)(i) of
      this subsection promulgated after January 1, 1982, and requiring
      a level of control substantially greater or based on
      fundamentally different control technology than under permits for
      an industrial category issued before such date, compliance as
      expeditiously as practicable but in no case later than three
      years after the date such limitations are promulgated under
      section 1314(b) of this title, and in no case later than March
      31, 1989; and
        (B) for any effluent limitation in accordance with paragraph
      (1)(A)(i), (2)(A)(i), or (2)(E) of this subsection established
      only on the basis of section 1342(a)(1) of this title in a permit
      issued after February 4, 1987, compliance as expeditiously as
      practicable but in no case later than three years after the date
      such limitations are established, and in no case later than March
      31, 1989.
    (c) Modification of timetable
      The Administrator may modify the requirements of subsection
    (b)(2)(A) of this section with respect to any point source for
    which a permit application is filed after July 1, 1977, upon a
    showing by the owner or operator of such point source satisfactory
    to the Administrator that such modified requirements (1) will
    represent the maximum use of technology within the economic
    capability of the owner or operator; and (2) will result in
    reasonable further progress toward the elimination of the discharge
    of pollutants.
    (d) Review and revision of effluent limitations
      Any effluent limitation required by paragraph (2) of subsection
    (b) of this section shall be reviewed at least every five years
    and, if appropriate, revised pursuant to the procedure established
    under such paragraph.
    (e) All point discharge source application of effluent limitations
      Effluent limitations established pursuant to this section or
    section 1312 of this title shall be applied to all point sources of
    discharge of pollutants in accordance with the provisions of this
    chapter.
    (f) Illegality of discharge of radiological, chemical, or
      biological warfare agents, high-level radioactive waste, or
      medical waste
      Notwithstanding any other provisions of this chapter it shall be
    unlawful to discharge any radiological, chemical, or biological
    warfare agent, any high-level radioactive waste, or any medical
    waste, into the navigable waters.
    (g) Modifications for certain nonconventional pollutants
      (1) General authority
        The Administrator, with the concurrence of the State, may
      modify the requirements of subsection (b)(2)(A) of this section
      with respect to the discharge from any point source of ammonia,
      chlorine, color, iron, and total phenols (4AAP) (when determined
      by the Administrator to be a pollutant covered by subsection
      (b)(2)(F) of this section) and any other pollutant which the
      Administrator lists under paragraph (4) of this subsection.
      (2) Requirements for granting modifications
        A modification under this subsection shall be granted only upon
      a showing by the owner or operator of a point source satisfactory
      to the Administrator that -
          (A) such modified requirements will result at a minimum in
        compliance with the requirements of subsection (b)(1)(A) or (C)
        of this section, whichever is applicable;
          (B) such modified requirements will not result in any
        additional requirements on any other point or nonpoint source;
        and
          (C) such modification will not interfere with the attainment
        or maintenance of that water quality which shall assure
        protection of public water supplies, and the protection and
        propagation of a balanced population of shellfish, fish, and
        wildlife, and allow recreational activities, in and on the
        water and such modification will not result in the discharge of
        pollutants in quantities which may reasonably be anticipated to
        pose an unacceptable risk to human health or the environment
        because of bioaccumulation, persistency in the environment,
        acute toxicity, chronic toxicity (including carcinogenicity,
        mutagenicity or teratogenicity), or synergistic propensities.
      (3) Limitation on authority to apply for subsection (c)
        modification
        If an owner or operator of a point source applies for a
      modification under this subsection with respect to the discharge
      of any pollutant, such owner or operator shall be eligible to
      apply for modification under subsection (c) of this section with
      respect to such pollutant only during the same time period as he
      is eligible to apply for a modification under this subsection.
      (4) Procedures for listing additional pollutants
        (A) General authority
          Upon petition of any person, the Administrator may add any
        pollutant to the list of pollutants for which modification
        under this section is authorized (except for pollutants
        identified pursuant to section 1314(a)(4) of this title, toxic
        pollutants subject to section 1317(a) of this title, and the
        thermal component of discharges) in accordance with the
        provisions of this paragraph.
        (B) Requirements for listing
          (i) Sufficient information
            The person petitioning for listing of an additional
          pollutant under this subsection shall submit to the
          Administrator sufficient information to make the
          determinations required by this subparagraph.
          (ii) Toxic criteria determination
            The Administrator shall determine whether or not the
          pollutant meets the criteria for listing as a toxic pollutant
          under section 1317(a) of this title.
          (iii) Listing as toxic pollutant
            If the Administrator determines that the pollutant meets
          the criteria for listing as a toxic pollutant under section
          1317(a) of this title, the Administrator shall list the
          pollutant as a toxic pollutant under section 1317(a) of this
          title.
          (iv) Nonconventional criteria determination
            If the Administrator determines that the pollutant does not
          meet the criteria for listing as a toxic pollutant under such
          section and determines that adequate test methods and
          sufficient data are available to make the determinations
          required by paragraph (2) of this subsection with respect to
          the pollutant, the Administrator shall add the pollutant to
          the list of pollutants specified in paragraph (1) of this
          subsection for which modifications are authorized under this
          subsection.
        (C) Requirements for filing of petitions
          A petition for listing of a pollutant under this paragraph -
            (i) must be filed not later than 270 days after the date of
          promulgation of an applicable effluent guideline under
          section 1314 of this title;
            (ii) may be filed before promulgation of such guideline;
          and
            (iii) may be filed with an application for a modification
          under paragraph (1) with respect to the discharge of such
          pollutant.
        (D) Deadline for approval of petition
          A decision to add a pollutant to the list of pollutants for
        which modifications under this subsection are authorized must
        be made within 270 days after the date of promulgation of an
        applicable effluent guideline under section 1314 of this title.
        (E) Burden of proof
          The burden of proof for making the determinations under
        subparagraph (B) shall be on the petitioner.
      (5) Removal of pollutants
        The Administrator may remove any pollutant from the list of
      pollutants for which modifications are authorized under this
      subsection if the Administrator determines that adequate test
      methods and sufficient data are no longer available for
      determining whether or not modifications may be granted with
      respect to such pollutant under paragraph (2) of this subsection.
    (h) Modification of secondary treatment requirements
      The Administrator, with the concurrence of the State, may issue a
    permit under section 1342 of this title which modifies the
    requirements of subsection (b)(1)(B) of this section with respect
    to the discharge of any pollutant from a publicly owned treatment
    works into marine waters, if the applicant demonstrates to the
    satisfaction of the Administrator that -
        (1) there is an applicable water quality standard specific to
      the pollutant for which the modification is requested, which has
      been identified under section 1314(a)(6) of this title;
        (2) the discharge of pollutants in accordance with such
      modified requirements will not interfere, alone or in combination
      with pollutants from other sources, with the attainment or
      maintenance of that water quality which assures protection of
      public water supplies and the protection and propagation of a
      balanced, indigenous population of shellfish, fish, and wildlife,
      and allows recreational activities, in and on the water;
        (3) the applicant has established a system for monitoring the
      impact of such discharge on a representative sample of aquatic
      biota, to the extent practicable, and the scope of such
      monitoring is limited to include only those scientific
      investigations which are necessary to study the effects of the
      proposed discharge;
        (4) such modified requirements will not result in any
      additional requirements on any other point or nonpoint source;
        (5) all applicable pretreatment requirements for sources
      introducing waste into such treatment works will be enforced;
        (6) in the case of any treatment works serving a population of
      50,000 or more, with respect to any toxic pollutant introduced
      into such works by an industrial discharger for which pollutant
      there is no applicable pretreatment requirement in effect,
      sources introducing waste into such works are in compliance with
      all applicable pretreatment requirements, the applicant will
      enforce such requirements, and the applicant has in effect a
      pretreatment program which, in combination with the treatment of
      discharges from such works, removes the same amount of such
      pollutant as would be removed if such works were to apply
      secondary treatment to discharges and if such works had no
      pretreatment program with respect to such pollutant;
        (7) to the extent practicable, the applicant has established a
      schedule of activities designed to eliminate the entrance of
      toxic pollutants from nonindustrial sources into such treatment
      works;
        (8) there will be no new or substantially increased discharges
      from the point source of the pollutant to which the modification
      applies above that volume of discharge specified in the permit;
        (9) the applicant at the time such modification becomes
      effective will be discharging effluent which has received at
      least primary or equivalent treatment and which meets the
      criteria established under section 1314(a)(1) of this title after
      initial mixing in the waters surrounding or adjacent to the point
      at which such effluent is discharged.
    For the purposes of this subsection the phrase "the discharge of
    any pollutant into marine waters" refers to a discharge into deep
    waters of the territorial sea or the waters of the contiguous zone,
    or into saline estuarine waters where there is strong tidal
    movement and other hydrological and geological characteristics
    which the Administrator determines necessary to allow compliance
    with paragraph (2) of this subsection, and section 1251(a)(2) of
    this title. For the purposes of paragraph (9), "primary or
    equivalent treatment" means treatment by screening, sedimentation,
    and skimming adequate to remove at least 30 percent of the
    biological oxygen demanding material and of the suspended solids in
    the treatment works influent, and disinfection, where appropriate.
    A municipality which applies secondary treatment shall be eligible
    to receive a permit pursuant to this subsection which modifies the
    requirements of subsection (b)(1)(B) of this section with respect
    to the discharge of any pollutant from any treatment works owned by
    such municipality into marine waters. No permit issued under this
    subsection shall authorize the discharge of sewage sludge into
    marine waters. In order for a permit to be issued under this
    subsection for the discharge of a pollutant into marine waters,
    such marine waters must exhibit characteristics assuring that water
    providing dilution does not contain significant amounts of
    previously discharged effluent from such treatment works. No permit
    issued under this subsection shall authorize the discharge of any
    pollutant into saline estuarine waters which at the time of
    application do not support a balanced indigenous population of
    shellfish, fish and wildlife, or allow recreation in and on the
    waters or which exhibit ambient water quality below applicable
    water quality standards adopted for the protection of public water
    supplies, shellfish, fish and wildlife or recreational activities
    or such other standards necessary to assure support and protection
    of such uses. The prohibition contained in the preceding sentence
    shall apply without regard to the presence or absence of a causal
    relationship between such characteristics and the applicant's
    current or proposed discharge. Notwithstanding any other provisions
    of this subsection, no permit may be issued under this subsection
    for discharge of a pollutant into the New York Bight Apex
    consisting of the ocean waters of the Atlantic Ocean westward of 73
    degrees 30 minutes west longitude and northward of 40 degrees 10
    minutes north latitude.
    (i) Municipal time extensions
      (1) Where construction is required in order for a planned or
    existing publicly owned treatment works to achieve limitations
    under subsection (b)(1)(B) or (b)(1)(C) of this section, but (A)
    construction cannot be completed within the time required in such
    subsection, or (B) the United States has failed to make financial
    assistance under this chapter available in time to achieve such
    limitations by the time specified in such subsection, the owner or
    operator of such treatment works may request the Administrator (or
    if appropriate the State) to issue a permit pursuant to section
    1342 of this title or to modify a permit issued pursuant to that
    section to extend such time for compliance. Any such request shall
    be filed with the Administrator (or if appropriate the State)
    within 180 days after February 4, 1987. The Administrator (or if
    appropriate the State) may grant such request and issue or modify
    such a permit, which shall contain a schedule of compliance for the
    publicly owned treatment works based on the earliest date by which
    such financial assistance will be available from the United States
    and construction can be completed, but in no event later than July
    1, 1988, and shall contain such other terms and conditions,
    including those necessary to carry out subsections (b) through (g)
    of section 1281 of this title, section 1317 of this title, and such
    interim effluent limitations applicable to that treatment works as
    the Administrator determines are necessary to carry out the
    provisions of this chapter.
      (2)(A) Where a point source (other than a publicly owned
    treatment works) will not achieve the requirements of subsections
    (b)(1)(A) and (b)(1)(C) of this section and -
        (i) if a permit issued prior to July 1, 1977, to such point
      source is based upon a discharge into a publicly owned treatment
      works; or
        (ii) if such point source (other than a publicly owned
      treatment works) had before July 1, 1977, a contract (enforceable
      against such point source) to discharge into a publicly owned
      treatment works; or
        (iii) if either an application made before July 1, 1977, for a
      construction grant under this chapter for a publicly owned
      treatment works, or engineering or architectural plans or working
      drawings made before July 1, 1977, for a publicly owned treatment
      works, show that such point source was to discharge into such
      publicly owned treatment works,
    and such publicly owned treatment works is presently unable to
    accept such discharge without construction, and in the case of a
    discharge to an existing publicly owned treatment works, such
    treatment works has an extension pursuant to paragraph (1) of this
    subsection, the owner or operator of such point source may request
    the Administrator (or if appropriate the State) to issue or modify
    such a permit pursuant to such section 1342 of this title to extend
    such time for compliance. Any such request shall be filed with the
    Administrator (or if appropriate the State) within 180 days after
    December 27, 1977, or the filing of a request by the appropriate
    publicly owned treatment works under paragraph (1) of this
    subsection, whichever is later. If the Administrator (or if
    appropriate the State) finds that the owner or operator of such
    point source has acted in good faith, he may grant such request and
    issue or modify such a permit, which shall contain a schedule of
    compliance for the point source to achieve the requirements of
    subsections (b)(1)(A) and (C) of this section and shall contain
    such other terms and conditions, including pretreatment and interim
    effluent limitations and water conservation requirements applicable
    to that point source, as the Administrator determines are necessary
    to carry out the provisions of this chapter.
      (B) No time modification granted by the Administrator (or if
    appropriate the State) pursuant to paragraph (2)(A) of this
    subsection shall extend beyond the earliest date practicable for
    compliance or beyond the date of any extension granted to the
    appropriate publicly owned treatment works pursuant to paragraph
    (1) of this subsection, but in no event shall it extend beyond July
    1, 1988; and no such time modification shall be granted unless (i)
    the publicly owned treatment works will be in operation and
    available to the point source before July 1, 1988, and will meet
    the requirements of subsections (b)(1)(B) and (C) of this section
    after receiving the discharge from that point source; and (ii) the
    point source and the publicly owned treatment works have entered
    into an enforceable contract requiring the point source to
    discharge into the publicly owned treatment works, the owner or
    operator of such point source to pay the costs required under
    section 1284 of this title, and the publicly owned treatment works
    to accept the discharge from the point source; and (iii) the permit
    for such point source requires that point source to meet all
    requirements under section 1317(a) and (b) of this title during the
    period of such time modification.
    (j) Modification procedures
      (1) Any application filed under this section for a modification
    of the provisions of -
        (A) subsection (b)(1)(B) of this section under subsection (h)
      of this section shall be filed not later that (!1) the 365th day
      which begins after December 29, 1981, except that a publicly
      owned treatment works which prior to December 31, 1982, had a
      contractual arrangement to use a portion of the capacity of an
      ocean outfall operated by another publicly owned treatment works
      which has applied for or received modification under subsection
      (h) of this section, may apply for a modification of subsection
      (h) of this section in its own right not later than 30 days after
      February 4, 1987, and except as provided in paragraph (5);
        (B) subsection (b)(2)(A) of this section as it applies to
      pollutants identified in subsection (b)(2)(F) of this section
      shall be filed not later than 270 days after the date of
      promulgation of an applicable effluent guideline under section
      1314 of this title or not later than 270 days after December 27,
      1977, whichever is later.
      (2) Subject to paragraph (3) of this section, any application for
    a modification filed under subsection (g) of this section shall not
    operate to stay any requirement under this chapter, unless in the
    judgment of the Administrator such a stay or the modification
    sought will not result in the discharge of pollutants in quantities
    which may reasonably be anticipated to pose an unacceptable risk to
    human health or the environment because of bioaccumulation,
    persistency in the environment, acute toxicity, chronic toxicity
    (including carcinogenicity, mutagenicity, or teratogenicity), or
    synergistic propensities, and that there is a substantial
    likelihood that the applicant will succeed on the merits of such
    application. In the case of an application filed under subsection
    (g) of this section, the Administrator may condition any stay
    granted under this paragraph on requiring the filing of a bond or
    other appropriate security to assure timely compliance with the
    requirements from which a modification is sought.
      (3) Compliance requirements under subsection (g). -
        (A) Effect of filing. - An application for a modification under
      subsection (g) of this section and a petition for listing of a
      pollutant as a pollutant for which modifications are authorized
      under such subsection shall not stay the requirement that the
      person seeking such modification or listing comply with effluent
      limitations under this chapter for all pollutants not the subject
      of such application or petition.
        (B) Effect of disapproval. - Disapproval of an application for
      a modification under subsection (g) of this section shall not
      stay the requirement that the person seeking such modification
      comply with all applicable effluent limitations under this
      chapter.
      (4) Deadline for subsection (g) decision. - An application for a
    modification with respect to a pollutant filed under subsection (g)
    of this section must be approved or disapproved not later than 365
    days after the date of such filing; except that in any case in
    which a petition for listing such pollutant as a pollutant for
    which modifications are authorized under such subsection is
    approved, such application must be approved or disapproved not
    later than 365 days after the date of approval of such petition.
      (5) Extension of application deadline. -
        (A) In general. - In the 180-day period beginning on October
      31, 1994, the city of San Diego, California, may apply for a
      modification pursuant to subsection (h) of this section of the
      requirements of subsection (b)(1)(B) of this section with respect
      to biological oxygen demand and total suspended solids in the
      effluent discharged into marine waters.
        (B) Application. - An application under this paragraph shall
      include a commitment by the applicant to implement a waste water
      reclamation program that, at a minimum, will -
          (i) achieve a system capacity of 45,000,000 gallons of
        reclaimed waste water per day by January 1, 2010; and
          (ii) result in a reduction in the quantity of suspended
        solids discharged by the applicant into the marine environment
        during the period of the modification.
        (C) Additional conditions. - The Administrator may not grant a
      modification pursuant to an application submitted under this
      paragraph unless the Administrator determines that such
      modification will result in removal of not less than 58 percent
      of the biological oxygen demand (on an annual average) and not
      less than 80 percent of total suspended solids (on a monthly
      average) in the discharge to which the application applies.
        (D) Preliminary decision deadline. - The Administrator shall
      announce a preliminary decision on an application submitted under
      this paragraph not later than 1 year after the date the
      application is submitted.
    (k) Innovative technology
      In the case of any facility subject to a permit under section
    1342 of this title which proposes to comply with the requirements
    of subsection (b)(2)(A) or (b)(2)(E) of this section by replacing
    existing production capacity with an innovative production process
    which will result in an effluent reduction significantly greater
    than that required by the limitation otherwise applicable to such
    facility and moves toward the national goal of eliminating the
    discharge of all pollutants, or with the installation of an
    innovative control technique that has a substantial likelihood for
    enabling the facility to comply with the applicable effluent
    limitation by achieving a significantly greater effluent reduction
    than that required by the applicable effluent limitation and moves
    toward the national goal of eliminating the discharge of all
    pollutants, or by achieving the required reduction with an
    innovative system that has the potential for significantly lower
    costs than the systems which have been determined by the
    Administrator to be economically achievable, the Administrator (or
    the State with an approved program under section 1342 of this
    title, in consultation with the Administrator) may establish a date
    for compliance under subsection (b)(2)(A) or (b)(2)(E) of this
    section no later than two years after the date for compliance with
    such effluent limitation which would otherwise be applicable under
    such subsection, if it is also determined that such innovative
    system has the potential for industrywide application.
    (l) Toxic pollutants
      Other than as provided in subsection (n) of this section, the
    Administrator may not modify any requirement of this section as it
    applies to any specific pollutant which is on the toxic pollutant
    list under section 1317(a)(1) of this title.
    (m) Modification of effluent limitation requirements for point
      sources
      (1) The Administrator, with the concurrence of the State, may
    issue a permit under section 1342 of this title which modifies the
    requirements of subsections (b)(1)(A) and (b)(2)(E) of this
    section, and of section 1343 of this title, with respect to
    effluent limitations to the extent such limitations relate to
    biochemical oxygen demand and pH from discharges by an industrial
    discharger in such State into deep waters of the territorial seas,
    if the applicant demonstrates and the Administrator finds that -
        (A) the facility for which modification is sought is covered at
      the time of the enactment of this subsection by National
      Pollutant Discharge Elimination System permit number CA0005894 or
      CA0005282;
        (B) the energy and environmental costs of meeting such
      requirements of subsections (b)(1)(A) and (b)(2)(E) of this
      section and section 1343 of this title exceed by an unreasonable
      amount the benefits to be obtained, including the objectives of
      this chapter;
        (C) the applicant has established a system for monitoring the
      impact of such discharges on a representative sample of aquatic
      biota;
        (D) such modified requirements will not result in any
      additional requirements on any other point or nonpoint source;
        (E) there will be no new or substantially increased discharges
      from the point source of the pollutant to which the modification
      applies above that volume of discharge specified in the permit;
        (F) the discharge is into waters where there is strong tidal
      movement and other hydrological and geological characteristics
      which are necessary to allow compliance with this subsection and
      section 1251(a)(2) of this title;
        (G) the applicant accepts as a condition to the permit a
      contractural (!2) obligation to use funds in the amount required
      (but not less than $250,000 per year for ten years) for research
      and development of water pollution control technology, including
      but not limited to closed cycle technology;
        (H) the facts and circumstances present a unique situation
      which, if relief is granted, will not establish a precedent or
      the relaxation of the requirements of this chapter applicable to
      similarly situated discharges; and
        (I) no owner or operator of a facility comparable to that of
      the applicant situated in the United States has demonstrated that
      it would be put at a competitive disadvantage to the applicant
      (or the parent company or any subsidiary thereof) as a result of
      the issuance of a permit under this subsection.
      (2) The effluent limitations established under a permit issued
    under paragraph (1) shall be sufficient to implement the applicable
    State water quality standards, to assure the protection of public
    water supplies and protection and propagation of a balanced,
    indigenous population of shellfish, fish, fauna, wildlife, and
    other aquatic organisms, and to allow recreational activities in
    and on the water. In setting such limitations, the Administrator
    shall take into account any seasonal variations and the need for an
    adequate margin of safety, considering the lack of essential
    knowledge concerning the relationship between effluent limitations
    and water quality and the lack of essential knowledge of the
    effects of discharges on beneficial uses of the receiving waters.
      (3) A permit under this subsection may be issued for a period not
    to exceed five years, and such a permit may be renewed for one
    additional period not to exceed five years upon a demonstration by
    the applicant and a finding by the Administrator at the time of
    application for any such renewal that the provisions of this
    subsection are met.
      (4) The Administrator may terminate a permit issued under this
    subsection if the Administrator determines that there has been a
    decline in ambient water quality of the receiving waters during the
    period of the permit even if a direct cause and effect relationship
    cannot be shown: Provided, That if the effluent from a source with
    a permit issued under this subsection is contributing to a decline
    in ambient water quality of the receiving waters, the Administrator
    shall terminate such permit.
    (n) Fundamentally different factors
      (1) General rule
        The Administrator, with the concurrence of the State, may
      establish an alternative requirement under subsection (b)(2) of
      this section or section 1317(b) of this title for a facility that
      modifies the requirements of national effluent limitation
      guidelines or categorical pretreatment standards that would
      otherwise be applicable to such facility, if the owner or
      operator of such facility demonstrates to the satisfaction of the
      Administrator that -
          (A) the facility is fundamentally different with respect to
        the factors (other than cost) specified in section 1314(b) or
        1314(g) of this title and considered by the Administrator in
        establishing such national effluent limitation guidelines or
        categorical pretreatment standards;
          (B) the application -
            (i) is based solely on information and supporting data
          submitted to the Administrator during the rulemaking for
          establishment of the applicable national effluent limitation
          guidelines or categorical pretreatment standard specifically
          raising the factors that are fundamentally different for such
          facility; or
            (ii) is based on information and supporting data referred
          to in clause (i) and information and supporting data the
          applicant did not have a reasonable opportunity to submit
          during such rulemaking;
          (C) the alternative requirement is no less stringent than
        justified by the fundamental difference; and
          (D) the alternative requirement will not result in a non-
        water quality environmental impact which is markedly more
        adverse than the impact considered by the Administrator in
        establishing such national effluent limitation guideline or
        categorical pretreatment standard.
      (2) Time limit for applications
        An application for an alternative requirement which modifies
      the requirements of an effluent limitation or pretreatment
      standard under this subsection must be submitted to the
      Administrator within 180 days after the date on which such
      limitation or standard is established or revised, as the case may
      be.
      (3) Time limit for decision
        The Administrator shall approve or deny by final agency action
      an application submitted under this subsection within 180 days
      after the date such application is filed with the Administrator.
      (4) Submission of information
        The Administrator may allow an applicant under this subsection
      to submit information and supporting data until the earlier of
      the date the application is approved or denied or the last day
      that the Administrator has to approve or deny such application.
      (5) Treatment of pending applications
        For the purposes of this subsection, an application for an
      alternative requirement based on fundamentally different factors
      which is pending on February 4, 1987, shall be treated as having
      been submitted to the Administrator on the 180th day following
      February 4, 1987. The applicant may amend the application to take
      into account the provisions of this subsection.
      (6) Effect of submission of application
        An application for an alternative requirement under this
      subsection shall not stay the applicant's obligation to comply
      with the effluent limitation guideline or categorical
      pretreatment standard which is the subject of the application.
      (7) Effect of denial
        If an application for an alternative requirement which modifies
      the requirements of an effluent limitation or pretreatment
      standard under this subsection is denied by the Administrator,
      the applicant must comply with such limitation or standard as
      established or revised, as the case may be.
      (8) Reports
        By January 1, 1997, and January 1 of every odd-numbered year
      thereafter, the Administrator shall submit to the Committee on
      Environment and Public Works of the Senate and the Committee on
      Transportation and Infrastructure of the House of Representatives
      a report on the status of applications for alternative
      requirements which modify the requirements of effluent
      limitations under section 1311 or 1314 of this title or any
      national categorical pretreatment standard under section 1317(b)
      of this title filed before, on, or after February 4, 1987.
    (o) Application fees
      The Administrator shall prescribe and collect from each applicant
    fees reflecting the reasonable administrative costs incurred in
    reviewing and processing applications for modifications submitted
    to the Administrator pursuant to subsections (c), (g), (i), (k),
    (m), and (n) of this section, section 1314(d)(4) of this title, and
    section 1326(a) of this title. All amounts collected by the
    Administrator under this subsection shall be deposited into a
    special fund of the Treasury entitled "Water Permits and Related
    Services" which shall thereafter be available for appropriation to
    carry out activities of the Environmental Protection Agency for
    which such fees were collected.
    (p) Modified permit for coal remining operations
      (1) In general
        Subject to paragraphs (2) through (4) of this subsection, the
      Administrator, or the State in any case which the State has an
      approved permit program under section 1342(b) of this title, may
      issue a permit under section 1342 of this title which modifies
      the requirements of subsection (b)(2)(A) of this section with
      respect to the pH level of any pre-existing discharge, and with
      respect to pre-existing discharges of iron and manganese from the
      remined area of any coal remining operation or with respect to
      the pH level or level of iron or manganese in any pre-existing
      discharge affected by the remining operation. Such modified
      requirements shall apply the best available technology
      economically achievable on a case-by-case basis, using best
      professional judgment, to set specific numerical effluent
      limitations in each permit.
      (2) Limitations
        The Administrator or the State may only issue a permit pursuant
      to paragraph (1) if the applicant demonstrates to the
      satisfaction of the Administrator or the State, as the case may
      be, that the coal remining operation will result in the potential
      for improved water quality from the remining operation but in no
      event shall such a permit allow the pH level of any discharge,
      and in no event shall such a permit allow the discharges of iron
      and manganese, to exceed the levels being discharged from the
      remined area before the coal remining operation begins. No
      discharge from, or affected by, the remining operation shall
      exceed State water quality standards established under section
      1313 of this title.
      (3) Definitions
        For purposes of this subsection -
        (A) Coal remining operation
          The term "coal remining operation" means a coal mining
        operation which begins after February 4, 1987 at a site on
        which coal mining was conducted before August 3, 1977.
        (B) Remined area
          The term "remined area" means only that area of any coal
        remining operation on which coal mining was conducted before
        August 3, 1977.
        (C) Pre-existing discharge
          The term "pre-existing discharge" means any discharge at the
        time of permit application under this subsection.
      (4) Applicability of strip mining laws
        Nothing in this subsection shall affect the application of the
      Surface Mining Control and Reclamation Act of 1977 [30 U.S.C.
      1201 et seq.] to any coal remining operation, including the
      application of such Act to suspended solids.
-SOURCE-
    (June 30, 1948, ch. 758, title III, Sec. 301, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 844; amended Pub. L. 95-217,
    Secs. 42-47, 53(c), Dec. 27, 1977, 91 Stat. 1582-1586, 1590; Pub.
    L. 97-117, Secs. 21, 22(a)-(d), Dec. 29, 1981, 95 Stat. 1631, 1632;
    Pub. L. 97-440, Jan. 8, 1983, 96 Stat. 2289; Pub. L. 100-4, title
    III, Secs. 301(a)-(e), 302(a)-(d), 303(a), (b)(1), (c)-(f), 304(a),
    305, 306(a), (b), 307, Feb. 4, 1987, 101 Stat. 29-37; Pub. L. 100-
    688, title III, Sec. 3202(b), Nov. 18, 1988, 102 Stat. 4154; Pub.
    L. 103-431, Sec. 2, Oct. 31, 1994, 108 Stat. 4396; Pub. L. 104-66,
    title II, Sec. 2021(b), Dec. 21, 1995, 109 Stat. 727.)
-REFTEXT-
                            REFERENCES IN TEXT
      The Surface Mining Control and Reclamation Act of 1977, referred
    to in subsec. (p)(4), is Pub. L. 95-87, Aug. 3, 1977, 91 Stat. 445,
    as amended, which is classified generally to chapter 25 (Sec. 1201
    et seq.) of Title 30, Mineral Lands and Mining. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1201 of Title 30 and Tables.
-MISC1-
                                AMENDMENTS
      1995 - Subsec. (n)(8). Pub. L. 104-66 substituted "By January 1,
    1997, and January 1 of every odd-numbered year thereafter, the
    Administrator shall submit to the Committee on Environment and
    Public Works of the Senate and the Committee on Transportation and
    Infrastructure" for "Every 6 months after February 4, 1987, the
    Administrator shall submit to the Committee on Environment and
    Public Works of the Senate and the Committee on Public Works and
    Transportation".
      1994 - Subsec. (j)(1)(A). Pub. L. 103-431, Sec. 2(1), inserted
    before semicolon at end ", and except as provided in paragraph
    (5)".
      Subsec. (j)(5). Pub. L. 103-431, Sec. 2(2), added par. (5).
      1988 - Subsec. (f). Pub. L. 100-688 substituted ", any high-level
    radioactive waste, or any medical waste," for "or high-level
    radioactive waste".
      1987 - Subsec. (b)(2)(C). Pub. L. 100-4, Sec. 301(a), struck out
    "not later than July 1, 1984," before "with respect" and inserted
    "as expeditiously as practicable but in no case later than three
    years after the date such limitations are promulgated under section
    1314(b) of this title, and in no case later than March 31, 1989"
    after "of this paragraph".
      Subsec. (b)(2)(D). Pub. L. 100-4, Sec. 301(b), substituted "as
    expeditiously as practicable, but in no case later than three years
    after the date such limitations are promulgated under section
    1314(b) of this title, and in no case later than March 31, 1989"
    for "not later than three years after the date such limitations are
    established".
      Subsec. (b)(2)(E). Pub. L. 100-4, Sec. 301(c), substituted "as
    expeditiously as practicable but in no case later than three years
    after the date such limitations are promulgated under section
    1314(b) of this title, and in no case later than March 31, 1989,
    compliance with" for "not later than July 1, 1984,".
      Subsec. (b)(2)(F). Pub. L. 100-4, Sec. 301(d), substituted "as
    expeditiously as practicable but in no case" for "not" and "and in
    no case later than March 31, 1989" for "or not later than July 1,
    1984, whichever is later, but in no case later than July 1, 1987".
      Subsec. (b)(3). Pub. L. 100-4, Sec. 301(e), added par. (3).
      Subsec. (g)(1). Pub. L. 100-4, Sec. 302(a), substituted par. (1)
    for introductory provisions of former par. (1) which read as
    follows: "The Administrator, with the concurrence of the State,
    shall modify the requirements of subsection (b)(2)(A) of this
    section with respect to the discharge of any pollutant (other than
    pollutants identified pursuant to section 1314(a)(4) of this title,
    toxic pollutants subject to section 1317(a) of this title, and the
    thermal component of discharges) from any point source upon a
    showing by the owner or operator of such point source satisfactory
    to the Administrator that - ". Subpars (A) to (C) of former par.
    (1) were redesignated as subpars. (A) to (C) of par. (2).
      Subsec. (g)(2). Pub. L. 100-4, Sec. 302(a), (d)(2), inserted
    introductory provisions of par. (2), and by so doing, redesignated
    subpars. (A) to (C) of former par. (1) as subpars. (A) to (C) of
    par. (2), realigned such subpars. with subpar. (A) of par. (4), and
    redesignated former par. (2) as (3).
      Subsec. (g)(3). Pub. L. 100-4, Sec. 302(a), (d)(1), redesignated
    former par. (2) as (3), inserted heading, and aligned par. (3) with
    par. (4).
      Subsec. (g)(4), (5). Pub. L. 100-4, Sec. 302(b), added pars. (4)
    and (5).
      Subsec. (h). Pub. L. 100-4, Sec. 303(d)(2), (e), in closing
    provisions, inserted provision defining "primary or equivalent
    treatment" for purposes of par. (9) and provisions placing
    limitations on issuance of permits for discharge of pollutant into
    marine waters and saline estuarine waters and prohibiting issuance
    of permit for discharge of pollutant into New York Bight Apex.
      Subsec. (h)(2). Pub. L. 100-4, Sec. 303(a), substituted "the
    discharge of pollutants in accordance with such modified
    requirements will not interfere, alone or in combination with
    pollutants from other sources," for "such modified requirements
    will not interfere".
      Subsec. (h)(3). Pub. L. 100-4, Sec. 303(b)(1), inserted ", and
    the scope of such monitoring is limited to include only those
    scientific investigations which are necessary to study the effects
    of the proposed discharge" before semicolon at end.
      Subsec. (h)(6) to (9). Pub. L. 100-4, Sec. 303(c), (d)(1), added
    par. (6), redesignated former pars. (6) and (7) as (7) and (8),
    respectively, substituted semicolon for period at end of par. (8),
    and added par. (9).
      Subsec. (i)(1). Pub. L. 100-4, Sec. 304(a), substituted "February
    4, 1987" for "December 27, 1977".
      Subsec. (j)(1)(A). Pub. L. 100-4, Sec. 303(f), inserted before
    semicolon at end ", except that a publicly owned treatment works
    which prior to December 31, 1982, had a contractual arrangement to
    use a portion of the capacity of an ocean outfall operated by
    another publicly owned treatment works which has applied for or
    received modification under subsection (h) of this section, may
    apply for a modification of subsection (h) of this section in its
    own right not later than 30 days after February 4, 1987".
      Subsec. (j)(2). Pub. L. 100-4, Sec. 302(c)(1), substituted
    "Subject to paragraph (3) of this section, any" for "Any".
      Subsec. (j)(3), (4). Pub. L. 100-4, Sec. 302(c)(2), added pars.
    (3) and (4).
      Subsec. (k). Pub. L. 100-4, Sec. 305, substituted "two years
    after the date for compliance with such effluent limitation which
    would otherwise be applicable under such subsection" for "July 1,
    1987" and inserted "or (b)(2)(E)" after "(b)(2)(A)" in two places.
      Subsec. (l). Pub. L. 100-4, Sec. 306(b), substituted "Other than
    as provided in subsection (n) of this section, the" for "The".
      Subsecs. (n), (o). Pub. L. 100-4, Sec. 306(a), added subsecs. (n)
    and (o).
      Subsec. (p). Pub. L. 100-4, Sec. 307, added subsec. (p).
      1983 - Subsec. (m). Pub. L. 97-440 added subsec. (m).
      1981 - Subsec. (b)(2)(B). Pub. L. 97-117, Sec. 21(b), struck out
    subpar. (B) which required that, not later than July 1, 1983,
    compliance by all publicly owned treatment works with the
    requirements in section 1281(g)(2)(A) of this title be achieved.
      Subsec. (h). Pub. L. 97-117, Sec. 22(a) to (c), struck out in
    provision preceding par. (1) "in an existing discharge" after
    "discharge of any pollutant", struck out par. (8), which required
    the applicant to demonstrate to the satisfaction of the
    Administrator that any funds available to the owner of such
    treatment works under subchapter II of this chapter be used to
    achieve the degree of effluent reduction required by section
    1281(b) and (g)(2)(A) of this title or to carry out the
    requirements of this subsection, and inserted in provision
    following par. (7) a further provision that a municipality which
    applies secondary treatment be eligible to receive a permit which
    modifies the requirements of subsec. (b)(1)(B) of this section with
    respect to the discharge of any pollutant from any treatment works
    owned by such municipality into marine waters and that no permit
    issued under this subsection authorize the discharge of sewage
    sludge into marine waters.
      Subsec. (i)(1), (2)(B). Pub. L. 97-117, Sec. 21(a), substituted
    "July 1, 1988," for "July 1, 1983," wherever appearing. Par. (2)(B)
    contained a reference to "July 1, 1983;" which was changed to "July
    1, 1988;" as the probable intent of Congress in that reference to
    July 1, 1983, was to the outside date for compliance for a point
    source other than a publicly owned treatment works and subpar. (B)
    allows a time extension for such a point source up to the date
    granted in an extension for a publicly owned treatment works, which
    date was extended to July 1, 1988, by Pub. L. 97-117.
      Subsec. (j)(1)(A). Pub. L. 97-117, Sec. 22(d), substituted "that
    the 365th day which begins after December 29, 1981" for "than 270
    days after December 27, 1977".
      1977 - Subsec. (b)(2)(A). Pub. L. 95-217, Sec. 42(b), substituted
    "for pollutants identified in subparagraphs (C), (D), and (F) of
    this paragraph" for "not later than July 1, 1983".
      Subsec. (b)(2)(C) to (F). Pub. L. 95-217, Sec. 42(a), added
    subpars. (C) to (F).
      Subsec. (g). Pub. L. 95-217, Sec. 43, added subsec. (g).
      Subsec. (h). Pub. L. 95-217, Sec. 44, added subsec. (h).
      Subsec. (i). Pub. L. 95-217, Sec. 45, added subsec. (i).
      Subsec. (j). Pub. L. 95-217, Sec. 46, added subsec. (j).
      Subsec. (k). Pub. L. 95-217, Sec. 47, added subsec. (k).
      Subsec. (l). Pub. L. 95-217, Sec. 53(c), added subsec. (l).
-CHANGE-
                              CHANGE OF NAME
      Committee on Public Works and Transportation of House of
    Representatives treated as referring to Committee on Transportation
    and Infrastructure of House of Representatives by section 1(a) of
    Pub. L. 104-14, set out as a note preceding section 21 of Title 2,
    The Congress.
-MISC2-
                     EFFECTIVE DATE OF 1987 AMENDMENT
      Section 302(e) of Pub. L. 100-4 provided that:
      "(1) General rule. - Except as provided in paragraph (2), the
    amendments made by this section [amending this section] shall apply
    to all requests for modifications under section 301(g) of the
    Federal Water Pollution Control Act [33 U.S.C. 1311(g)] pending on
    the date of the enactment of this Act [Feb. 4, 1987] and shall not
    have the effect of extending the deadline established in section
    301(j)(1)(B) of such Act.
      "(2) Exception. - The amendments made by this section shall not
    affect any application for a modification with respect to the
    discharge of ammonia, chlorine, color, iron, or total phenols
    (4AAP) under section 301(g) of the Federal Water Pollution Control
    Act pending on the date of the enactment of this Act; except that
    the Administrator must approve or disapprove such application not
    later than 365 days after the date of such enactment."
      Section 303(b)(2) of Pub. L. 100-4 provided that: "The amendment
    made by subsection (b) [amending this section] shall only apply to
    modifications and renewals of modifications which are tentatively
    or finally approved after the date of the enactment of this Act
    [Feb. 4, 1987]."
      Section 303(g) of Pub. L. 100-4 provided that: "The amendments
    made by subsections (a), (c), (d), and (e) of this section
    [amending this section] shall not apply to an application for a
    permit under section 301(h) of the Federal Water Pollution Control
    Act [33 U.S.C. 1311(h)] which has been tentatively or finally
    approved by the Administrator before the date of the enactment of
    this Act [Feb. 4, 1987]; except that such amendments shall apply to
    all renewals of such permits after such date of enactment."
      Section 304(b) of Pub. L. 100-4 provided that: "The amendment
    made by subsection (a) [amending this section] shall not apply to
    those treatment works which are subject to a compliance schedule
    established before the date of the enactment of this Act [Feb. 4,
    1987] by a court order or a final administrative order."
                     EFFECTIVE DATE OF 1981 AMENDMENT
      Section 22(e) of Pub. L. 97-117 provided that: "The amendments
    made by this section [amending this section] shall take effect on
    the date of enactment of this Act [Dec. 29, 1981], except that no
    applicant, other than the city of Avalon, California, who applies
    after the date of enactment of this Act for a permit pursuant to
    subsection (h) of section 301 of the Federal Water Pollution
    Control Act [33 U.S.C. 1311(h)] which modifies the requirements of
    subsection (b)(1)(B) of section 301 of such Act [33 U.S.C.
    1311(b)(1)(B)] shall receive such permit during the one-year period
    which begins on the date of enactment of this Act."
                                REGULATIONS
      Section 301(f) of Pub. L. 100-4 provided that: "The Administrator
    shall promulgate final regulations establishing effluent
    limitations in accordance with sections 301(b)(2)(A) and 307(b)(1)
    of the Federal Water Pollution Control Act [33 U.S.C.
    1311(b)(2)(A), 1317(b)(1)] for all toxic pollutants referred to in
    table 1 of Committee Print Numbered 95-30 of the Committee on
    Public Works and Transportation of the House of Representatives
    which are discharged from the categories of point sources in
    accordance with the following table:
                     "Category                       Date by which the
                                                     final regulation
                                                           shall
                                                      be promulgated
    --------------------------------------------------------------------
    Organic chemicals and plastics and                December 31, 1986.
     synthetic fibers
    Pesticides                                       December 31, 1986."
    --------------------------------------------------------------------
                 PHOSPHATE FERTILIZER EFFLUENT LIMITATION
      Amendment by section 306(a), (b) of Pub. L. 100-4 not to be
    construed (A) to require the Administrator to permit the discharge
    of gypsum or gypsum waste into the navigable waters, (B) to affect
    the procedures and standards applicable to the Administrator in
    issuing permits under section 1342(a)(1)(B) of this title, and (C)
    to affect the authority of any State to deny or condition
    certification under section 1314 of this title with respect to the
    issuance of permits under section 1342(a)(1)(B) of this title, see
    section 306(c) of Pub. L. 100-4, set out as a note under section
    1342 of this title.
       DISCHARGES FROM POINT SOURCES IN UNITED STATES VIRGIN ISLANDS
     ATTRIBUTABLE TO MANUFACTURE OF RUM; EXEMPTION FROM FEDERAL WATER
                POLLUTION CONTROL REQUIREMENTS; CONDITIONS
      Pub. L. 98-67, title II, Sec. 214(g), Aug. 5, 1983, 97 Stat. 393,
    as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
    2095, provided that: "Any discharge from a point source in the
    United States Virgin Islands in existence on the date of the
    enactment of this subsection [Aug. 5, 1983] which discharge is
    attributable to the manufacture of rum (as defined in paragraphs
    (3) of section 7652(c) of the Internal Revenue Code of 1986
    [formerly I.R.C. 1954]) [26 U.S.C. 7652(c)(3)] shall not be subject
    to the requirements of section 301 (other than toxic pollutant
    discharges), section 306 or section 403 of the Federal Water
    Pollution Control Act [33 U.S.C. 1311, 1316, 1343] if -
        "(1) such discharge occurs at least one thousand five hundred
      feet into the territorial sea from the line of ordinary low water
      from that portion of the coast which is in direct contact with
      the sea, and
        "(2) the Governor of the United States Virgin Islands
      determines that such discharge will not interfere with the
      attainment or maintenance of that water quality which shall
      assure protection of public water supplies, and the protection
      and propagation of a balanced population of shellfish, fish, and
      wildlife, and allow recreational activities, in and on the water
      and will not result in the discharge of pollutants in quantities
      which may reasonably be anticipated to pose an unacceptable risk
      to human health or the environment because of bioaccumulation,
      persistency in the environment, acute toxicity, chronic toxicity
      (including carcinogenicity, mutagenicity, or teratogenicity), or
      synergistic propensities."
       CERTAIN MUNICIPAL COMPLIANCE DEADLINES UNAFFECTED; EXCEPTION
      Section 21(a) of Pub. L. 97-117 provided in part that: "The
    amendment made by this subsection [amending this section] shall not
    be interpreted or applied to extend the date for compliance with
    section 301(b)(1)(B) or (C) of the Federal Water Pollution Control
    Act [33 U.S.C. 1311(b)(1)(B), (C)] beyond schedules for compliance
    in effect as of the date of enactment of this Act [Dec. 29, 1981],
    except in cases where reductions in the amount of financial
    assistance under this Act [Pub. L. 97-117, see Short Title of 1981
    Amendment note set out under section 1251 of this title] or changed
    conditions affecting the rate of construction beyond the control of
    the owner or operator will make it impossible to complete
    construction by July 1, 1983."
-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. Probably should be "than".
    (!2) So in original. Probably should be "contractual".
-End-
-CITE-
    33 USC Sec. 1312                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-HEAD-
    Sec. 1312. Water quality related effluent limitations
-STATUTE-
    (a) Establishment
      Whenever, in the judgment of the Administrator or as identified
    under section 1314(l) of this title, discharges of pollutants from
    a point source or group of point sources, with the application of
    effluent limitations required under section 1311(b)(2) of this
    title, would interfere with the attainment or maintenance of that
    water quality in a specific portion of the navigable waters which
    shall assure protection of public health, public water supplies,
    agricultural and industrial uses, and the protection and
    propagation of a balanced population of shellfish, fish and
    wildlife, and allow recreational activities in and on the water,
    effluent limitations (including alternative effluent control
    strategies) for such point source or sources shall be established
    which can reasonably be expected to contribute to the attainment or
    maintenance of such water quality.
    (b) Modifications of effluent limitations
      (1) Notice and hearing
        Prior to establishment of any effluent limitation pursuant to
      subsection (a) of this section, the Administrator shall publish
      such proposed limitation and within 90 days of such publication
      hold a public hearing.
      (2) Permits
        (A) No reasonable relationship
          The Administrator, with the concurrence of the State, may
        issue a permit which modifies the effluent limitations required
        by subsection (a) of this section for pollutants other than
        toxic pollutants if the applicant demonstrates at such hearing
        that (whether or not technology or other alternative control
        strategies are available) there is no reasonable relationship
        between the economic and social costs and the benefits to be
        obtained (including attainment of the objective of this
        chapter) from achieving such limitation.
        (B) Reasonable progress
          The Administrator, with the concurrence of the State, may
        issue a permit which modifies the effluent limitations required
        by subsection (a) of this section for toxic pollutants for a
        single period not to exceed 5 years if the applicant
        demonstrates to the satisfaction of the Administrator that such
        modified requirements (i) will represent the maximum degree of
        control within the economic capability of the owner and
        operator of the source, and (ii) will result in reasonable
        further progress beyond the requirements of section 1311(b)(2)
        of this title toward the requirements of subsection (a) of this
        section.
    (c) Delay in application of other limitations
      The establishment of effluent limitations under this section
    shall not operate to delay the application of any effluent
    limitation established under section 1311 of this title.
-SOURCE-
    (June 30, 1948, ch. 758, title III, Sec. 302, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 846; amended Pub. L. 100-4,
    title III, Sec. 308(e), Feb. 4, 1987, 101 Stat. 39.)
-MISC1-
                                AMENDMENTS
      1987 - Subsec. (a). Pub. L. 100-4, Sec. 308(e)(2), inserted "or
    as identified under section 1314(l) of this title" after
    "Administrator" and "public health," after "protection of".
      Subsec. (b). Pub. L. 100-4, Sec. 308(e)(1), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows:
      "(1) Prior to establishment of any effluent limitation pursuant
    to subsection (a) of this section, the Administrator shall issue
    notice of intent to establish such limitation and within ninety
    days of such notice hold a public hearing to determine the
    relationship of the economic and social costs of achieving any such
    limitation or limitations, including any economic or social
    dislocation in the affected community or communities, to the social
    and economic benefits to be obtained (including the attainment of
    the objective of this chapter) and to determine whether or not such
    effluent limitations can be implemented with available technology
    or other alternative control strategies.
      "(2) If a person affected by such limitation demonstrates at such
    hearing that (whether or not such technology or other alternative
    control strategies are available) there is no reasonable
    relationship between the economic and social costs and the benefits
    to be obtained (including attainment of the objective of this
    chapter), such limitation shall not become effective and the
    Administrator shall adjust such limitation as it applies to such
    person."
-End-
-CITE-
    33 USC Sec. 1313                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-HEAD-
    Sec. 1313. Water quality standards and implementation plans
-STATUTE-
    (a) Existing water quality standards
      (1) In order to carry out the purpose of this chapter, any water
    quality standard applicable to interstate waters which was adopted
    by any State and submitted to, and approved by, or is awaiting
    approval by, the Administrator pursuant to this Act as in effect
    immediately prior to October 18, 1972, shall remain in effect
    unless the Administrator determined that such standard is not
    consistent with the applicable requirements of this Act as in
    effect immediately prior to October 18, 1972. If the Administrator
    makes such a determination he shall, within three months after
    October 18, 1972, notify the State and specify the changes needed
    to meet such requirements. If such changes are not adopted by the
    State within ninety days after the date of such notification, the
    Administrator shall promulgate such changes in accordance with
    subsection (b) of this section.
      (2) Any State which, before October 18, 1972, has adopted,
    pursuant to its own law, water quality standards applicable to
    intrastate waters shall submit such standards to the Administrator
    within thirty days after October 18, 1972. Each such standard shall
    remain in effect, in the same manner and to the same extent as any
    other water quality standard established under this chapter unless
    the Administrator determines that such standard is inconsistent
    with the applicable requirements of this Act as in effect
    immediately prior to October 18, 1972. If the Administrator makes
    such a determination he shall not later than the one hundred and
    twentieth day after the date of submission of such standards,
    notify the State and specify the changes needed to meet such
    requirements. If such changes are not adopted by the State within
    ninety days after such notification, the Administrator shall
    promulgate such changes in accordance with subsection (b) of this
    section.
      (3)(A) Any State which prior to October 18, 1972, has not adopted
    pursuant to its own laws water quality standards applicable to
    intrastate waters shall, not later than one hundred and eighty days
    after October 18, 1972, adopt and submit such standards to the
    Administrator.
      (B) If the Administrator determines that any such standards are
    consistent with the applicable requirements of this Act as in
    effect immediately prior to October 18, 1972, he shall approve such
    standards.
      (C) If the Administrator determines that any such standards are
    not consistent with the applicable requirements of this Act as in
    effect immediately prior to October 18, 1972, he shall, not later
    than the ninetieth day after the date of submission of such
    standards, notify the State and specify the changes to meet such
    requirements. If such changes are not adopted by the State within
    ninety days after the date of notification, the Administrator shall
    promulgate such standards pursuant to subsection (b) of this
    section.
    (b) Proposed regulations
      (1) The Administrator shall promptly prepare and publish proposed
    regulations setting forth water quality standards for a State in
    accordance with the applicable requirements of this Act as in
    effect immediately prior to October 18, 1972, if -
        (A) the State fails to submit water quality standards within
      the times prescribed in subsection (a) of this section.
        (B) a water quality standard submitted by such State under
      subsection (a) of this section is determined by the Administrator
      not to be consistent with the applicable requirements of
      subsection (a) of this section.
      (2) The Administrator shall promulgate any water quality standard
    published in a proposed regulation not later than one hundred and
    ninety days after the date he publishes any such proposed standard,
    unless prior to such promulgation, such State has adopted a water
    quality standard which the Administrator determines to be in
    accordance with subsection (a) of this section.
    (c) Review; revised standards; publication
      (1) The Governor of a State or the State water pollution control
    agency of such State shall from time to time (but at least once
    each three year period beginning with October 18, 1972) hold public
    hearings for the purpose of reviewing applicable water quality
    standards and, as appropriate, modifying and adopting standards.
    Results of such review shall be made available to the
    Administrator.
      (2)(A) Whenever the State revises or adopts a new standard, such
    revised or new standard shall be submitted to the Administrator.
    Such revised or new water quality standard shall consist of the
    designated uses of the navigable waters involved and the water
    quality criteria for such waters based upon such uses. Such
    standards shall be such as to protect the public health or welfare,
    enhance the quality of water and serve the purposes of this
    chapter. Such standards shall be established taking into
    consideration their use and value for public water supplies,
    propagation of fish and wildlife, recreational purposes, and
    agricultural, industrial, and other purposes, and also taking into
    consideration their use and value for navigation.
      (B) Whenever a State reviews water quality standards pursuant to
    paragraph (1) of this subsection, or revises or adopts new
    standards pursuant to this paragraph, such State shall adopt
    criteria for all toxic pollutants listed pursuant to section
    1317(a)(1) of this title for which criteria have been published
    under section 1314(a) of this title, the discharge or presence of
    which in the affected waters could reasonably be expected to
    interfere with those designated uses adopted by the State, as
    necessary to support such designated uses. Such criteria shall be
    specific numerical criteria for such toxic pollutants. Where such
    numerical criteria are not available, whenever a State reviews
    water quality standards pursuant to paragraph (1), or revises or
    adopts new standards pursuant to this paragraph, such State shall
    adopt criteria based on biological monitoring or assessment methods
    consistent with information published pursuant to section
    1314(a)(8) of this title. Nothing in this section shall be
    construed to limit or delay the use of effluent limitations or
    other permit conditions based on or involving biological monitoring
    or assessment methods or previously adopted numerical criteria.
      (3) If the Administrator, within sixty days after the date of
    submission of the revised or new standard, determines that such
    standard meets the requirements of this chapter, such standard
    shall thereafter be the water quality standard for the applicable
    waters of that State. If the Administrator determines that any such
    revised or new standard is not consistent with the applicable
    requirements of this chapter, he shall not later than the ninetieth
    day after the date of submission of such standard notify the State
    and specify the changes to meet such requirements. If such changes
    are not adopted by the State within ninety days after the date of
    notification, the Administrator shall promulgate such standard
    pursuant to paragraph (4) of this subsection.
      (4) The Administrator shall promptly prepare and publish proposed
    regulations setting forth a revised or new water quality standard
    for the navigable waters involved -
        (A) if a revised or new water quality standard submitted by
      such State under paragraph (3) of this subsection for such waters
      is determined by the Administrator not to be consistent with the
      applicable requirements of this chapter, or
        (B) in any case where the Administrator determines that a
      revised or new standard is necessary to meet the requirements of
      this chapter.
    The Administrator shall promulgate any revised or new standard
    under this paragraph not later than ninety days after he publishes
    such proposed standards, unless prior to such promulgation, such
    State has adopted a revised or new water quality standard which the
    Administrator determines to be in accordance with this chapter.
    (d) Identification of areas with insufficient controls; maximum
      daily load; certain effluent limitations revision
      (1)(A) Each State shall identify those waters within its
    boundaries for which the effluent limitations required by section
    1311(b)(1)(A) and section 1311(b)(1)(B) of this title are not
    stringent enough to implement any water quality standard applicable
    to such waters. The State shall establish a priority ranking for
    such waters, taking into account the severity of the pollution and
    the uses to be made of such waters.
      (B) Each State shall identify those waters or parts thereof
    within its boundaries for which controls on thermal discharges
    under section 1311 of this title are not stringent enough to assure
    protection and propagation of a balanced indigenous population of
    shellfish, fish, and wildlife.
      (C) Each State shall establish for the waters identified in
    paragraph (1)(A) of this subsection, and in accordance with the
    priority ranking, the total maximum daily load, for those
    pollutants which the Administrator identifies under section
    1314(a)(2) of this title as suitable for such calculation. Such
    load shall be established at a level necessary to implement the
    applicable water quality standards with seasonal variations and a
    margin of safety which takes into account any lack of knowledge
    concerning the relationship between effluent limitations and water
    quality.
      (D) Each State shall estimate for the waters identified in
    paragraph (1)(B) of this subsection the total maximum daily thermal
    load required to assure protection and propagation of a balanced,
    indigenous population of shellfish, fish, and wildlife. Such
    estimates shall take into account the normal water temperatures,
    flow rates, seasonal variations, existing sources of heat input,
    and the dissipative capacity of the identified waters or parts
    thereof. Such estimates shall include a calculation of the maximum
    heat input that can be made into each such part and shall include a
    margin of safety which takes into account any lack of knowledge
    concerning the development of thermal water quality criteria for
    such protection and propagation in the identified waters or parts
    thereof.
      (2) Each State shall submit to the Administrator from time to
    time, with the first such submission not later than one hundred and
    eighty days after the date of publication of the first
    identification of pollutants under section 1314(a)(2)(D) of this
    title, for his approval the waters identified and the loads
    established under paragraphs (1)(A), (1)(B), (1)(C), and (1)(D) of
    this subsection. The Administrator shall either approve or
    disapprove such identification and load not later than thirty days
    after the date of submission. If the Administrator approves such
    identification and load, such State shall incorporate them into its
    current plan under subsection (e) of this section. If the
    Administrator disapproves such identification and load, he shall
    not later than thirty days after the date of such disapproval
    identify such waters in such State and establish such loads for
    such waters as he determines necessary to implement the water
    quality standards applicable to such waters and upon such
    identification and establishment the State shall incorporate them
    into its current plan under subsection (e) of this section.
      (3) For the specific purpose of developing information, each
    State shall identify all waters within its boundaries which it has
    not identified under paragraph (1)(A) and (1)(B) of this subsection
    and estimate for such waters the total maximum daily load with
    seasonal variations and margins of safety, for those pollutants
    which the Administrator identifies under section 1314(a)(2) of this
    title as suitable for such calculation and for thermal discharges,
    at a level that would assure protection and propagation of a
    balanced indigenous population of fish, shellfish, and wildlife.
      (4) Limitations on revision of certain effluent limitations. -
        (A) Standard not attained. - For waters identified under
      paragraph (1)(A) where the applicable water quality standard has
      not yet been attained, any effluent limitation based on a total
      maximum daily load or other waste load allocation established
      under this section may be revised only if (i) the cumulative
      effect of all such revised effluent limitations based on such
      total maximum daily load or waste load allocation will assure the
      attainment of such water quality standard, or (ii) the designated
      use which is not being attained is removed in accordance with
      regulations established under this section.
        (B) Standard attained. - For waters identified under paragraph
      (1)(A) where the quality of such waters equals or exceeds levels
      necessary to protect the designated use for such waters or
      otherwise required by applicable water quality standards, any
      effluent limitation based on a total maximum daily load or other
      waste load allocation established under this section, or any
      water quality standard established under this section, or any
      other permitting standard may be revised only if such revision is
      subject to and consistent with the antidegradation policy
      established under this section.
    (e) Continuing planning process
      (1) Each State shall have a continuing planning process approved
    under paragraph (2) of this subsection which is consistent with
    this chapter.
      (2) Each State shall submit not later than 120 days after October
    18, 1972, to the Administrator for his approval a proposed
    continuing planning process which is consistent with this chapter.
    Not later than thirty days after the date of submission of such a
    process the Administrator shall either approve or disapprove such
    process. The Administrator shall from time to time review each
    State's approved planning process for the purpose of insuring that
    such planning process is at all times consistent with this chapter.
    The Administrator shall not approve any State permit program under
    subchapter IV of this chapter for any State which does not have an
    approved continuing planning process under this section.
      (3) The Administrator shall approve any continuing planning
    process submitted to him under this section which will result in
    plans for all navigable waters within such State, which include,
    but are not limited to, the following:
        (A) effluent limitations and schedules of compliance at least
      as stringent as those required by section 1311(b)(1), section
      1311(b)(2), section 1316, and section 1317 of this title, and at
      least as stringent as any requirements contained in any
      applicable water quality standard in effect under authority of
      this section;
        (B) the incorporation of all elements of any applicable area-
      wide waste management plans under section 1288 of this title,
      and applicable basin plans under section 1289 of this title;
        (C) total maximum daily load for pollutants in accordance with
      subsection (d) of this section;
        (D) procedures for revision;
        (E) adequate authority for intergovernmental cooperation;
        (F) adequate implementation, including schedules of compliance,
      for revised or new water quality standards, under subsection (c)
      of this section;
        (G) controls over the disposition of all residual waste from
      any water treatment processing;
        (H) an inventory and ranking, in order of priority, of needs
      for construction of waste treatment works required to meet the
      applicable requirements of sections 1311 and 1312 of this title.
    (f) Earlier compliance
      Nothing in this section shall be construed to affect any effluent
    limitation, or schedule of compliance required by any State to be
    implemented prior to the dates set forth in sections 1311(b)(1) and
    1311(b)(2) of this title nor to preclude any State from requiring
    compliance with any effluent limitation or schedule of compliance
    at dates earlier than such dates.
    (g) Heat standards
      Water quality standards relating to heat shall be consistent with
    the requirements of section 1326 of this title.
    (h) Thermal water quality standards
      For the purposes of this chapter the term "water quality
    standards" includes thermal water quality standards.
    (i) Coastal recreation water quality criteria
      (1) Adoption by States
        (A) Initial criteria and standards
          Not later than 42 months after October 10, 2000, each State
        having coastal recreation waters shall adopt and submit to the
        Administrator water quality criteria and standards for the
        coastal recreation waters of the State for those pathogens and
        pathogen indicators for which the Administrator has published
        criteria under section 1314(a) of this title.
        (B) New or revised criteria and standards
          Not later than 36 months after the date of publication by the
        Administrator of new or revised water quality criteria under
        section 1314(a)(9) of this title, each State having coastal
        recreation waters shall adopt and submit to the Administrator
        new or revised water quality standards for the coastal
        recreation waters of the State for all pathogens and pathogen
        indicators to which the new or revised water quality criteria
        are applicable.
      (2) Failure of States to adopt
        (A) In general
          If a State fails to adopt water quality criteria and
        standards in accordance with paragraph (1)(A) that are as
        protective of human health as the criteria for pathogens and
        pathogen indicators for coastal recreation waters published by
        the Administrator, the Administrator shall promptly propose
        regulations for the State setting forth revised or new water
        quality standards for pathogens and pathogen indicators
        described in paragraph (1)(A) for coastal recreation waters of
        the State.
        (B) Exception
          If the Administrator proposes regulations for a State
        described in subparagraph (A) under subsection (c)(4)(B) of
        this section, the Administrator shall publish any revised or
        new standard under this subsection not later than 42 months
        after October 10, 2000.
      (3) Applicability
        Except as expressly provided by this subsection, the
      requirements and procedures of subsection (c) of this section
      apply to this subsection, including the requirement in subsection
      (c)(2)(A) of this section that the criteria protect public health
      and welfare.
-SOURCE-
    (June 30, 1948, ch. 758, title III, Sec. 303, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 846; amended Pub. L. 100-4,
    title III, Sec. 308(d), title IV, Sec. 404(b), Feb. 4, 1987, 101
    Stat. 39, 68; Pub. L. 106-284, Sec. 2, Oct. 10, 2000, 114 Stat.
    870.)
-REFTEXT-
                            REFERENCES IN TEXT
      This Act, referred to in subsecs. (a)(1), (2), (3)(B), (C) and
    (b)(1), means act June 30, 1948, ch. 758, 62 Stat. 1155, prior to
    the supersedure and reenactment of act June 30, 1948 by act Oct.
    18, 1972, Pub. L. 92-500, 86 Stat. 816. Act June 30, 1948, ch. 758,
    as added by act Oct. 18, 1972, Pub. L. 92-500, 86 Stat. 816,
    enacted this chapter.
-MISC1-
                                AMENDMENTS
      2000 - Subsec. (i). Pub. L. 106-284 added subsec. (i).
      1987 - Subsec. (c)(2). Pub. L. 100-4, Sec. 308(d), designated
    existing provision as subpar. (A) and added subpar. (B).
      Subsec. (d)(4). Pub. L. 100-4, Sec. 404(b), added par. (4).
-End-
-CITE-
    33 USC Sec. 1313a                                           01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-HEAD-
    Sec. 1313a. Revised water quality standards
-STATUTE-
      The review, revision, and adoption or promulgation of revised or
    new water quality standards pursuant to section 303(c) of the
    Federal Water Pollution Control Act [33 U.S.C. 1313(c)] shall be
    completed by the date three years after December 29, 1981. No grant
    shall be made under title II of the Federal Water Pollution Control
    Act [33 U.S.C. 1281 et seq.] after such date until water quality
    standards are reviewed and revised pursuant to section 303(c),
    except where the State has in good faith submitted such revised
    water quality standards and the Administrator has not acted to
    approve or disapprove such submission within one hundred and twenty
    days of receipt.
-SOURCE-
    (Pub. L. 97-117, Sec. 24, Dec. 29, 1981, 95 Stat. 1632.)
-REFTEXT-
                            REFERENCES IN TEXT
      The Federal Water Pollution Control Act, referred to in text, is
    act June 30, 1948, ch. 758, as amended generally by Pub. L. 92-500,
    Sec. 2, Oct. 18, 1972, 86 Stat. 816. Title II of the Act is
    classified generally to subchapter II (Sec. 1281 et seq.) of this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out under section 1251 of this title and
    Tables.
-COD-
                               CODIFICATION
      Section was enacted as part of the Municipal Wastewater Treatment
    Construction Grant Amendments of 1981, and not as part of the
    Federal Water Pollution Control Act which comprises this chapter.
-End-
-CITE-
    33 USC Sec. 1314                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-HEAD-
    Sec. 1314. Information and guidelines
-STATUTE-
    (a) Criteria development and publication
      (1) The Administrator, after consultation with appropriate
    Federal and State agencies and other interested persons, shall
    develop and publish, within one year after October 18, 1972 (and
    from time to time thereafter revise) criteria for water quality
    accurately reflecting the latest scientific knowledge (A) on the
    kind and extent of all identifiable effects on health and welfare
    including, but not limited to, plankton, fish, shellfish, wildlife,
    plant life, shorelines, beaches, esthetics, and recreation which
    may be expected from the presence of pollutants in any body of
    water, including ground water; (B) on the concentration and
    dispersal of pollutants, or their byproducts, through biological,
    physical, and chemical processes; and (C) on the effects of
    pollutants on biological community diversity, productivity, and
    stability, including information on the factors affecting rates of
    eutrophication and rates of organic and inorganic sedimentation for
    varying types of receiving waters.
      (2) The Administrator, after consultation with appropriate
    Federal and State agencies and other interested persons, shall
    develop and publish, within one year after October 18, 1972 (and
    from time to time thereafter revise) information (A) on the factors
    necessary to restore and maintain the chemical, physical, and
    biological integrity of all navigable waters, ground waters, waters
    of the contiguous zone, and the oceans; (B) on the factors
    necessary for the protection and propagation of shellfish, fish,
    and wildlife for classes and categories of receiving waters and to
    allow recreational activities in and on the water; and (C) on the
    measurement and classification of water quality; and (D) for the
    purpose of section 1313 of this title, on and the identification of
    pollutants suitable for maximum daily load measurement correlated
    with the achievement of water quality objectives.
      (3) Such criteria and information and revisions thereof shall be
    issued to the States and shall be published in the Federal Register
    and otherwise made available to the public.
      (4) The Administrator shall, within 90 days after December 27,
    1977, and from time to time thereafter, publish and revise as
    appropriate information identifying conventional pollutants,
    including but not limited to, pollutants classified as biological
    oxygen demanding, suspended solids, fecal coliform, and pH. The
    thermal component of any discharge shall not be identified as a
    conventional pollutant under this paragraph.
      (5)(A) The Administrator, to the extent practicable before
    consideration of any request under section 1311(g) of this title
    and within six months after December 27, 1977, shall develop and
    publish information on the factors necessary for the protection of
    public water supplies, and the protection and propagation of a
    balanced population of shellfish, fish and wildlife, and to allow
    recreational activities, in and on the water.
      (B) The Administrator, to the extent practicable before
    consideration of any application under section 1311(h) of this
    title and within six months after December 27, 1977, shall develop
    and publish information on the factors necessary for the protection
    of public water supplies, and the protection and propagation of a
    balanced indigenous population of shellfish, fish and wildlife, and
    to allow recreational activities, in and on the water.
      (6) The Administrator shall, within three months after December
    27, 1977, and annually thereafter, for purposes of section 1311(h)
    of this title publish and revise as appropriate information
    identifying each water quality standard in effect under this
    chapter or State law, the specific pollutants associated with such
    water quality standard, and the particular waters to which such
    water quality standard applies.
      (7) Guidance to states. - The Administrator, after consultation
    with appropriate State agencies and on the basis of criteria and
    information published under paragraphs (1) and (2) of this
    subsection, shall develop and publish, within 9 months after
    February 4, 1987, guidance to the States on performing the
    identification required by subsection (l)(1) of this section.
      (8) Information on water quality criteria. - The Administrator,
    after consultation with appropriate State agencies and within 2
    years after February 4, 1987, shall develop and publish information
    on methods for establishing and measuring water quality criteria
    for toxic pollutants on other bases than pollutant-by-pollutant
    criteria, including biological monitoring and assessment methods.
      (9) Revised criteria for coastal recreation waters. -
        (A) In general. - Not later than 5 years after October 10,
      2000, after consultation and in cooperation with appropriate
      Federal, State, tribal, and local officials (including local
      health officials), the Administrator shall publish new or revised
      water quality criteria for pathogens and pathogen indicators
      (including a revised list of testing methods, as appropriate),
      based on the results of the studies conducted under section
      1254(v) of this title, for the purpose of protecting human health
      in coastal recreation waters.
        (B) Reviews. - Not later than the date that is 5 years after
      the date of publication of water quality criteria under this
      paragraph, and at least once every 5 years thereafter, the
      Administrator shall review and, as necessary, revise the water
      quality criteria.
    (b) Effluent limitation guidelines
      For the purpose of adopting or revising effluent limitations
    under this chapter the Administrator shall, after consultation with
    appropriate Federal and State agencies and other interested
    persons, publish within one year of October 18, 1972, regulations,
    providing guidelines for effluent limitations, and, at least
    annually thereafter, revise, if appropriate, such regulations. Such
    regulations shall -
        (1)(A) identify, in terms of amounts of constituents and
      chemical, physical, and biological characteristics of pollutants,
      the degree of effluent reduction attainable through the
      application of the best practicable control technology currently
      available for classes and categories of point sources (other than
      publicly owned treatment works); and
        (B) specify factors to be taken into account in determining the
      control measures and practices to be applicable to point sources
      (other than publicly owned treatment works) within such
      categories or classes. Factors relating to the assessment of best
      practicable control technology currently available to comply with
      subsection (b)(1) of section 1311 of this title shall include
      consideration of the total cost of application of technology in
      relation to the effluent reduction benefits to be achieved from
      such application, and shall also take into account the age of
      equipment and facilities involved, the process employed, the
      engineering aspects of the application of various types of
      control techniques, process changes, non-water quality
      environmental impact (including energy requirements), and such
      other factors as the Administrator deems appropriate;
        (2)(A) identify, in terms of amounts of constituents and
      chemical, physical, and biological characteristics of pollutants,
      the degree of effluent reduction attainable through the
      application of the best control measures and practices achievable
      including treatment techniques, process and procedure
      innovations, operating methods, and other alternatives for
      classes and categories of point sources (other than publicly
      owned treatment works); and
        (B) specify factors to be taken into account in determining the
      best measures and practices available to comply with subsection
      (b)(2) of section 1311 of this title to be applicable to any
      point source (other than publicly owned treatment works) within
      such categories or classes. Factors relating to the assessment of
      best available technology shall take into account the age of
      equipment and facilities involved, the process employed, the
      engineering aspects of the application of various types of
      control techniques, process changes, the cost of achieving such
      effluent reduction, non-water quality environmental impact
      (including energy requirements), and such other factors as the
      Administrator deems appropriate;
        (3) identify control measures and practices available to
      eliminate the discharge of pollutants from categories and classes
      of point sources, taking into account the cost of achieving such
      elimination of the discharge of pollutants; and
        (4)(A) identify, in terms of amounts of constituents and
      chemical, physical, and biological characteristics of pollutants,
      the degree of effluent reduction attainable through the
      application of the best conventional pollutant control technology
      (including measures and practices) for classes and categories of
      point sources (other than publicly owned treatment works); and
        (B) specify factors to be taken into account in determining the
      best conventional pollutant control technology measures and
      practices to comply with section 1311(b)(2)(E) of this title to
      be applicable to any point source (other than publicly owned
      treatment works) within such categories or classes. Factors
      relating to the assessment of best conventional pollutant control
      technology (including measures and practices) shall include
      consideration of the reasonableness of the relationship between
      the costs of attaining a reduction in effluents and the effluent
      reduction benefits derived, and the comparison of the cost and
      level of reduction of such pollutants from the discharge from
      publicly owned treatment works to the cost and level of reduction
      of such pollutants from a class or category of industrial
      sources, and shall take into account the age of equipment and
      facilities involved, the process employed, the engineering
      aspects of the application of various types of control
      techniques, process changes, non-water quality environmental
      impact (including energy requirements), and such other factors as
      the Administrator deems appropriate.
    (c) Pollution discharge elimination procedures
      The Administrator, after consultation, with appropriate Federal
    and State agencies and other interested persons, shall issue to the
    States and appropriate water pollution control agencies within 270
    days after October 18, 1972 (and from time to time thereafter)
    information on the processes, procedures, or operating methods
    which result in the elimination or reduction of the discharge of
    pollutants to implement standards of performance under section 1316
    of this title. Such information shall include technical and other
    data, including costs, as are available on alternative methods of
    elimination or reduction of the discharge of pollutants. Such
    information, and revisions thereof, shall be published in the
    Federal Register and otherwise shall be made available to the
    public.
    (d) Secondary treatment information; alternative waste treatment
      management techniques; innovative and alternative wastewater
      treatment processes; facilities deemed equivalent of secondary
      treatment
      (1) The Administrator, after consultation with appropriate
    Federal and State agencies and other interested persons, shall
    publish within sixty days after October 18, 1972 (and from time to
    time thereafter) information, in terms of amounts of constituents
    and chemical, physical, and biological characteristics of
    pollutants, on the degree of effluent reduction attainable through
    the application of secondary treatment.
      (2) The Administrator, after consultation with appropriate
    Federal and State agencies and other interested persons, shall
    publish within nine months after October 18, 1972 (and from time to
    time thereafter) information on alternative waste treatment
    management techniques and systems available to implement section
    1281 of this title.
      (3) The Administrator, after consultation with appropriate
    Federal and State agencies and other interested persons, shall
    promulgate within one hundred and eighty days after December 27,
    1977, guidelines for identifying and evaluating innovative and
    alternative wastewater treatment processes and techniques referred
    to in section 1281(g)(5) of this title.
      (4) For the purposes of this subsection, such biological
    treatment facilities as oxidation ponds, lagoons, and ditches and
    trickling filters shall be deemed the equivalent of secondary
    treatment. The Administrator shall provide guidance under paragraph
    (1) of this subsection on design criteria for such facilities,
    taking into account pollutant removal efficiencies and, consistent
    with the objectives of this chapter, assuring that water quality
    will not be adversely affected by deeming such facilities as the
    equivalent of secondary treatment.
    (e) Best management practices for industry
      The Administrator, after consultation with appropriate Federal
    and State agencies and other interested persons, may publish
    regulations, supplemental to any effluent limitations specified
    under subsections (b) and (c) of this section for a class or
    category of point sources, for any specific pollutant which the
    Administrator is charged with a duty to regulate as a toxic or
    hazardous pollutant under section 1317(a)(1) or 1321 of this title,
    to control plant site runoff, spillage or leaks, sludge or waste
    disposal, and drainage from raw material storage which the
    Administrator determines are associated with or ancillary to the
    industrial manufacturing or treatment process within such class or
    category of point sources and may contribute significant amounts of
    such pollutants to navigable waters. Any applicable controls
    established under this subsection shall be included as a
    requirement for the purposes of section 1311, 1312, 1316, 1317, or
    1343 of this title, as the case may be, in any permit issued to a
    point source pursuant to section 1342 of this title.
    (f) Identification and evaluation of nonpoint sources of pollution;
      processes, procedures, and methods to control pollution
      The Administrator, after consultation with appropriate Federal
    and State agencies and other interested persons, shall issue to
    appropriate Federal agencies, the States, water pollution control
    agencies, and agencies designated under section 1288 of this title,
    within one year after October 18, 1972 (and from time to time
    thereafter) information including (1) guidelines for identifying
    and evaluating the nature and extent of nonpoint sources of
    pollutants, and (2) processes, procedures, and methods to control
    pollution resulting from -
        (A) agricultural and silvicultural activities, including runoff
      from fields and crop and forest lands;
        (B) mining activities, including runoff and siltation from new,
      currently operating, and abandoned surface and underground mines;
        (C) all construction activity, including runoff from the
      facilities resulting from such construction;
        (D) the disposal of pollutants in wells or in subsurface
      excavations;
        (E) salt water intrusion resulting from reductions of fresh
      water flow from any cause, including extraction of ground water,
      irrigation, obstruction, and diversion; and
        (F) changes in the movement, flow, or circulation of any
      navigable waters or ground waters, including changes caused by
      the construction of dams, levees, channels, causeways, or flow
      diversion facilities.
    Such information and revisions thereof shall be published in the
    Federal Register and otherwise made available to the public.
    (g) Guidelines for pretreatment of pollutants
      (1) For the purpose of assisting States in carrying out programs
    under section 1342 of this title, the Administrator shall publish,
    within one hundred and twenty days after October 18, 1972, and
    review at least annually thereafter and, if appropriate, revise
    guidelines for pretreatment of pollutants which he determines are
    not susceptible to treatment by publicly owned treatment works.
    Guidelines under this subsection shall be established to control
    and prevent the discharge into the navigable waters, the contiguous
    zone, or the ocean (either directly or through publicly owned
    treatment works) of any pollutant which interferes with, passes
    through, or otherwise is incompatible with such works.
      (2) When publishing guidelines under this subsection, the
    Administrator shall designate the category or categories of
    treatment works to which the guidelines shall apply.
    (h) Test procedures guidelines
      The Administrator shall, within one hundred and eighty days from
    October 18, 1972, promulgate guidelines establishing test
    procedures for the analysis of pollutants that shall include the
    factors which must be provided in any certification pursuant to
    section 1341 of this title or permit application pursuant to
    section 1342 of this title.
    (i) Guidelines for monitoring, reporting, enforcement, funding,
      personnel, and manpower
      The Administrator shall (1) within sixty days after October 18,
    1972, promulgate guidelines for the purpose of establishing uniform
    application forms and other minimum requirements for the
    acquisition of information from owners and operators of point-
    sources of discharge subject to any State program under section
    1342 of this title, and (2) within sixty days from October 18,
    1972, promulgate guidelines establishing the minimum procedural and
    other elements of any State program under section 1342 of this
    title, which shall include:
        (A) monitoring requirements;
        (B) reporting requirements (including procedures to make
      information available to the public);
        (C) enforcement provisions; and
        (D) funding, personnel qualifications, and manpower
      requirements (including a requirement that no board or body which
      approves permit applications or portions thereof shall include,
      as a member, any person who receives, or has during the previous
      two years received, a significant portion of his income directly
      or indirectly from permit holders or applicants for a permit).
    (j) Lake restoration guidance manual
      The Administrator shall, within 1 year after February 4, 1987,
    and biennially thereafter, publish and disseminate a lake
    restoration guidance manual describing methods, procedures, and
    processes to guide State and local efforts to improve, restore, and
    enhance water quality in the Nation's publicly owned lakes.
    (k) Agreements with Secretaries of Agriculture, Army, and the
      Interior to provide maximum utilization of programs to achieve
      and maintain water quality; transfer of funds; authorization of
      appropriations
      (1) The Administrator shall enter into agreements with the
    Secretary of Agriculture, the Secretary of the Army, and the
    Secretary of the Interior, and the heads of such other departments,
    agencies, and instrumentalities of the United States as the
    Administrator determines, to provide for the maximum utilization of
    other Federal laws and programs for the purpose of achieving and
    maintaining water quality through appropriate implementation of
    plans approved under section 1288 of this title and nonpoint source
    pollution management programs approved under section 1329 of this
    title.
      (2) The Administrator is authorized to transfer to the Secretary
    of Agriculture, the Secretary of the Army, and the Secretary of the
    Interior and the heads of such other departments, agencies, and
    instrumentalities of the United States as the Administrator
    determines, any funds appropriated under paragraph (3) of this
    subsection to supplement funds otherwise appropriated to programs
    authorized pursuant to any agreement under paragraph (1).
      (3) There is authorized to be appropriated to carry out the
    provisions of this subsection, $100,000,000 per fiscal year for the
    fiscal years 1979 through 1983 and such sums as may be necessary
    for fiscal years 1984 through 1990.
    (l) Individual control strategies for toxic pollutants
      (1) State list of navigable waters and development of strategies
        Not later than 2 years after February 4, 1987, each State shall
      submit to the Administrator for review, approval, and
      implementation under this subsection -
          (A) a list of those waters within the State which after the
        application of effluent limitations required under section
        1311(b)(2) of this title cannot reasonably be anticipated to
        attain or maintain (i) water quality standards for such waters
        reviewed, revised, or adopted in accordance with section
        1313(c)(2)(B) of this title, due to toxic pollutants, or (ii)
        that water quality which shall assure protection of public
        health, public water supplies, agricultural and industrial
        uses, and the protection and propagation of a balanced
        population of shellfish, fish and wildlife, and allow
        recreational activities in and on the water;
          (B) a list of all navigable waters in such State for which
        the State does not expect the applicable standard under section
        1313 of this title will be achieved after the requirements of
        sections 1311(b), 1316, and 1317(b) of this title are met, due
        entirely or substantially to discharges from point sources of
        any toxic pollutants listed pursuant to section 1317(a) of this
        title;
          (C) for each segment of the navigable waters included on such
        lists, a determination of the specific point sources
        discharging any such toxic pollutant which is believed to be
        preventing or impairing such water quality and the amount of
        each such toxic pollutant discharged by each such source; and
          (D) for each such segment, an individual control strategy
        which the State determines will produce a reduction in the
        discharge of toxic pollutants from point sources identified by
        the State under this paragraph through the establishment of
        effluent limitations under section 1342 of this title and water
        quality standards under section 1313(c)(2)(B) of this title,
        which reduction is sufficient, in combination with existing
        controls on point and nonpoint sources of pollution, to achieve
        the applicable water quality standard as soon as possible, but
        not later than 3 years after the date of the establishment of
        such strategy.
      (2) Approval or disapproval
        Not later than 120 days after the last day of the 2-year period
      referred to in paragraph (1), the Administrator shall approve or
      disapprove the control strategies submitted under paragraph (1)
      by any State.
      (3) Administrator's action
        If a State fails to submit control strategies in accordance
      with paragraph (1) or the Administrator does not approve the
      control strategies submitted by such State in accordance with
      paragraph (1), then, not later than 1 year after the last day of
      the period referred to in paragraph (2), the Administrator, in
      cooperation with such State and after notice and opportunity for
      public comment, shall implement the requirements of paragraph (1)
      in such State. In the implementation of such requirements, the
      Administrator shall, at a minimum, consider for listing under
      this subsection any navigable waters for which any person submits
      a petition to the Administrator for listing not later than 120
      days after such last day.
    (m) Schedule for review of guidelines
      (1) Publication
        Within 12 months after February 4, 1987, and biennially
      thereafter, the Administrator shall publish in the Federal
      Register a plan which shall -
          (A) establish a schedule for the annual review and revision
        of promulgated effluent guidelines, in accordance with
        subsection (b) of this section;
          (B) identify categories of sources discharging toxic or
        nonconventional pollutants for which guidelines under
        subsection (b)(2) of this section and section 1316 of this
        title have not previously been published; and
          (C) establish a schedule for promulgation of effluent
        guidelines for categories identified in subparagraph (B), under
        which promulgation of such guidelines shall be no later than 4
        years after February 4, 1987, for categories identified in the
        first published plan or 3 years after the publication of the
        plan for categories identified in later published plans.
      (2) Public review
        The Administrator shall provide for public review and comment
      on the plan prior to final publication.
-SOURCE-
    (June 30, 1948, ch. 758, title III, Sec. 304, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 850; amended Pub. L. 95-217,
    Secs. 48-51, 62(b), Dec. 27, 1977, 91 Stat. 1587, 1588, 1598; Pub.
    L. 97-117, Sec. 23, Dec. 29, 1981, 95 Stat. 1632; Pub. L. 100-4,
    title I, Sec. 101(f), title III, Secs. 308(a), (c), (f), 315(c),
    316(e), Feb. 4, 1987, 101 Stat. 9, 38-40, 52, 61; Pub. L. 106-284,
    Sec. 3(b), Oct. 10, 2000, 114 Stat. 871.)
-COD-
                               CODIFICATION
      Section 50 of Pub. L. 95-217 provided in part that, upon the
    enactment of subsec. (e) of this section by Pub. L. 95-217 and the
    concurrent redesignation of former subsecs. (e) to (j) of this
    section as (f) to (k), respectively, all references to former
    subsecs. (e) to (j) be changed to (f) to (k), respectively.
-MISC1-
                                AMENDMENTS
      2000 - Subsec. (a)(9). Pub. L. 106-284 added par. (9).
      1987 - Subsec. (a)(7), (8). Pub. L. 100-4, Sec. 308(c), added
    pars. (7) and (8).
      Subsec. (j). Pub. L. 100-4, Sec. 315(c), amended subsec. (j)
    generally. Prior to amendment, subsec. (j) read as follows: "The
    Administrator shall issue information biennially on methods,
    procedures, and processes as may be appropriate to restore and
    enhance the quality of the Nation's publicly owned freshwater
    lakes."
      Subsec. (k)(1). Pub. L. 100-4, Sec. 316(e), inserted "and
    nonpoint source pollution management programs approved under
    section 1329 of this title" before period at end.
      Subsec. (k)(3). Pub. L. 100-4, Sec. 101(f), inserted "and such
    sums as may be necessary for fiscal years 1984 through 1990" after
    "1983".
      Subsec. (l). Pub. L. 100-4, Sec. 308(a), added subsec. (l).
      Subsec. (m). Pub. L. 100-4, Sec. 308(f), added subsec. (m).
      1981 - Subsec. (d)(4). Pub. L. 97-117 added par. (4).
      1977 - Subsec. (a)(4) to (6). Pub. L. 95-217, Sec. 48(a), added
    pars. (4) to (6).
      Subsec. (b)(4). Pub. L. 95-217, Sec. 48(b), added par. (4).
      Subsec. (d)(3). Pub. L. 95-217, Sec. 49, added par. (3).
      Subsecs. (e) to (i). Pub. L. 95-217, Sec. 50, added subsec. (e)
    and redesignated former subsecs. (e) to (h) as (f) to (i),
    respectively. Former subsec. (i) redesignated (j).
      Subsec. (j). Pub. L. 95-217, Secs. 50, 62(b), redesignated former
    subsec. (i) as (j) and substituted "shall issue information
    biennially on methods" for "shall, within 270 days after October
    18, 1972 (and from time to time thereafter), issue such information
    on methods". Former subsec. (j) redesignated (k).
      Subsec. (k). Pub. L. 95-217, Secs. 50, 51, redesignated former
    subsec. (j) as (k), substituted "The Administrator shall enter into
    agreements with the Secretary of Agriculture, the Secretary of the
    Army, and the Secretary of the Interior, and the heads of such
    other departments, agencies, and instrumentalities of the United
    States as the Administrator determines, to provide the maximum
    utilization of other Federal laws and programs" for "The
    Administrator shall, within six months from October 18, 1972, enter
    into agreements with the Secretary of Agriculture, the Secretary of
    the Army, and the Secretary of the Interior to provide for the
    maximum utilization of the appropriate programs authorized under
    other Federal law to be carried out by such Secretaries" in par.
    (1), made conforming amendments in par. (2), and in par. (3)
    authorized appropriations for fiscal years 1979 through 1983.
-TRANS-
                           TRANSFER OF FUNCTIONS
      Enforcement functions of Secretary or other official in
    Department of Agriculture, insofar as they involve lands and
    programs under jurisdiction of that Department, relating to
    compliance with this chapter with respect to pre-construction,
    construction, and initial operation of transportation system for
    Canadian and Alaskan natural gas were transferred to the Federal
    Inspector, Office of Federal Inspector for the Alaska Natural Gas
    Transportation System, until the first anniversary of the date of
    initial operation of the Alaska Natural Gas Transportation System,
    see Reorg. Plan No. 1 of 1979, Secs. 102(f), 203(a), 44 F.R. 33663,
    33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the
    Appendix to Title 5, Government Organization and Employees. Office
    of Federal Inspector for the Alaska Natural Gas Transportation
    System abolished and functions and authority vested in Inspector
    transferred to Secretary of Energy by section 3012(b) of Pub. L.
    102-486, set out as an Abolition of Office of Federal Inspector
    note under section 719e of Title 15, Commerce and Trade. Functions
    and authority vested in Secretary of Energy subsequently
    transferred to Federal Coordinator for Alaska Natural Gas
    Transportation Projects by section 720d(f) of Title 15.
-MISC2-
      REVIEW OF EFFLUENT GUIDELINES PROMULGATED PRIOR TO DECEMBER 27,
                                   1977
      Section 73 of Pub. L. 95-217 directed Administrator, within 90
    days after Dec. 27, 1977, to review every effluent guideline
    promulgated prior to that date which was final or interim final
    (other than those applicable to industrial categories listed in
    table 2 of Committee Print Numbered 95-30 of Committee on Public
    Works and Transportation of House of Representatives) and which
    applied to those pollutants identified pursuant to 33 U.S.C.
    1314(a)(4) and, on or before July 1, 1980, to review every
    guideline applicable to industrial categories listed in such table
    2, authorized Administrator, upon completion of each such review to
    make such adjustments in any such guidelines as may be necessary to
    carry out 33 U.S.C. 1314(b)(4), directed Administrator to publish
    the results of each such review, and provided for judicial review
    of Administrator's actions.
-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.
-End-
-CITE-
    33 USC Sec. 1315                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-HEAD-
    Sec. 1315. State reports on water quality
-STATUTE-
      (a) Omitted
      (b)(1) Each State shall prepare and submit to the Administrator
    by April 1, 1975, and shall bring up to date by April 1, 1976, and
    biennially thereafter, a report which shall include -
        (A) a description of the water quality of all navigable waters
      in such State during the preceding year, with appropriate
      supplemental descriptions as shall be required to take into
      account seasonal, tidal, and other variations, correlated with
      the quality of water required by the objective of this chapter
      (as identified by the Administrator pursuant to criteria
      published under section 1314(a) of this title) and the water
      quality described in subparagraph (B) of this paragraph;
        (B) an analysis of the extent to which all navigable waters of
      such State provide for the protection and propagation of a
      balanced population of shellfish, fish, and wildlife, and allow
      recreational activities in and on the water;
        (C) an analysis of the extent to which the elimination of the
      discharge of pollutants and a level of water quality which
      provides for the protection and propagation of a balanced
      population of shellfish, fish, and wildlife and allows
      recreational activities in and on the water, have been or will be
      achieved by the requirements of this chapter, together with
      recommendations as to additional action necessary to achieve such
      objectives and for what waters such additional action is
      necessary;
        (D) an estimate of (i) the environmental impact, (ii) the
      economic and social costs necessary to achieve the objective of
      this chapter in such State, (iii) the economic and social
      benefits of such achievement, and (iv) an estimate of the date of
      such achievement; and
        (E) a description of the nature and extent of nonpoint sources
      of pollutants, and recommendations as to the programs which must
      be undertaken to control each category of such sources, including
      an estimate of the costs of implementing such programs.
      (2) The Administrator shall transmit such State reports, together
    with an analysis thereof, to Congress on or before October 1, 1975,
    and October 1, 1976, and biennially thereafter.
-SOURCE-
    (June 30, 1948, ch. 758, title III, Sec. 305, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 853; amended Pub. L. 95-217,
    Sec. 52, Dec. 27, 1977, 91 Stat. 1589.)
-COD-
                               CODIFICATION
      Subsec. (a) authorized the Administrator, in cooperation with the
    States and Federal agencies, to prepare a report describing the
    specific quality, during 1973, of all navigable waters and waters
    of the contiguous zone, including an inventory of all point sources
    of discharge of pollutants into these waters, and identifying those
    navigable waters capable of supporting fish and wildlife
    populations and allowing recreational activities, those which could
    reasonably be expected to attain this level by 1977 or 1983, and
    those which could attain this level sooner, and submit this report
    to Congress on or before Jan. 1, 1974.
-MISC1-
                                AMENDMENTS
      1977 - Subsec. (b)(1). Pub. L. 95-217, Sec. 52(1), substituted
    "April 1, 1975, and shall bring up to date by April 1, 1976, and
    biennially thereafter" for "January 1, 1975, and shall bring up to
    date each year thereafter" in provisions preceding subpar. (A).
      Subsec. (b)(2). Pub. L. 95-217, Sec. 52(2), substituted "on or
    before October 1, 1975, and October 1, 1976, and biennially
    thereafter" for "on or before October 1, 1975, and annually
    thereafter".
-End-
-CITE-
    33 USC Sec. 1316                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-HEAD-
    Sec. 1316. National standards of performance
-STATUTE-
    (a) Definitions
      For purposes of this section:
      (1) The term "standard of performance" means a standard for the
    control of the discharge of pollutants which reflect the greatest
    degree of effluent reduction which the Administrator determines to
    be achievable through application of the best available
    demonstrated control technology, processes, operating methods, or
    other alternatives, including, where practicable, a standard
    permitting no discharge of pollutants.
      (2) The term "new source" means any source, the construction of
    which is commenced after the publication of proposed regulations
    prescribing a standard of performance under this section which will
    be applicable to such source, if such standard is thereafter
    promulgated in accordance with this section.
      (3) The term "source" means any building, structure, facility, or
    installation from which there is or may be the discharge of
    pollutants.
      (4) The term "owner or operator" means any person who owns,
    leases, operates, controls, or supervises a source.
      (5) The term "construction" means any placement, assembly, or
    installation of facilities or equipment (including contractual
    obligations to purchase such facilities or equipment) at the
    premises where such equipment will be used, including preparation
    work at such premises.
    (b) Categories of sources; Federal standards of performance for new
      sources
      (1)(A) The Administrator shall, within ninety days after October
    18, 1972, publish (and from time to time thereafter shall revise) a
    list of categories of sources, which shall, at the minimum,
    include:
        pulp and paper mills;
        paperboard, builders paper and board mills;
        meat product and rendering processing;
        dairy product processing;
        grain mills;
        canned and preserved fruits and vegetables processing;
        canned and preserved seafood processing;
        sugar processing;
        textile mills;
        cement manufacturing;
        feedlots;
        electroplating;
        organic chemicals manufacturing;
        inorganic chemicals manufacturing;
        plastic and synthetic materials manufacturing;
        soap and detergent manufacturing;
        fertilizer manufacturing;
        petroleum refining;
        iron and steel manufacturing;
        nonferrous metals manufacturing;
        phosphate manufacturing;
        steam electric powerplants;
        ferroalloy manufacturing;
        leather tanning and finishing;
        glass and asbestos manufacturing;
        rubber processing; and
        timber products processing.
      (B) As soon as practicable, but in no case more than one year,
    after a category of sources is included in a list under
    subparagraph (A) of this paragraph, the Administrator shall propose
    and publish regulations establishing Federal standards of
    performance for new sources within such category. The Administrator
    shall afford interested persons an opportunity for written comment
    on such proposed regulations. After considering such comments, he
    shall promulgate, within one hundred and twenty days after
    publication of such proposed regulations, such standards with such
    adjustments as he deems appropriate. The Administrator shall, from
    time to time, as technology and alternatives change, revise such
    standards following the procedure required by this subsection for
    promulgation of such standards. Standards of performance, or
    revisions thereof, shall become effective upon promulgation. In
    establishing or revising Federal standards of performance for new
    sources under this section, the Administrator shall take into
    consideration the cost of achieving such effluent reduction, and
    any non-water quality, environmental impact and energy
    requirements.
      (2) The Administrator may distinguish among classes, types, and
    sizes within categories of new sources for the purpose of
    establishing such standards and shall consider the type of process
    employed (including whether batch or continuous).
      (3) The provisions of this section shall apply to any new source
    owned or operated by the United States.
    (c) State enforcement of standards of performance
      Each State may develop and submit to the Administrator a
    procedure under State law for applying and enforcing standards of
    performance for new sources located in such State. If the
    Administrator finds that the procedure and the law of any State
    require the application and enforcement of standards of performance
    to at least the same extent as required by this section, such State
    is authorized to apply and enforce such standards of performance
    (except with respect to new sources owned or operated by the United
    States).
    (d) Protection from more stringent standards
      Notwithstanding any other provision of this chapter, any point
    source the construction of which is commenced after October 18,
    1972, and which is so constructed as to meet all applicable
    standards of performance shall not be subject to any more stringent
    standard of performance during a ten-year period beginning on the
    date of completion of such construction or during the period of
    depreciation or amortization of such facility for the purposes of
    section 167 or 169 (or both) of title 26 whichever period ends
    first.
    (e) Illegality of operation of new sources in violation of
      applicable standards of performance
      After the effective date of standards of performance promulgated
    under this section, it shall be unlawful for any owner or operator
    of any new source to operate such source in violation of any
    standard of performance applicable to such source.
-SOURCE-
    (June 30, 1948, ch. 758, title III, Sec. 306, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 854.)
-MISC1-
       DISCHARGES FROM POINT SOURCES IN UNITED STATES VIRGIN ISLANDS
         ATTRIBUTABLE TO MANUFACTURE OF RUM; EXEMPTION; CONDITIONS
      Discharges from point sources in the United States Virgin Islands
    in existence on Aug. 5, 1983, attributable to the manufacture of
    rum not to be subject to the requirements of this section under
    certain conditions, see section 214(g) of Pub. L. 98-67, set out as
    a note under section 1311 of this title.
-End-
-CITE-
    33 USC Sec. 1317                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-HEAD-
    Sec. 1317. Toxic and pretreatment effluent standards
-STATUTE-
    (a) Toxic pollutant list; revision; hearing; promulgation of
      standards; effective date; consultation
      (1) On and after December 27, 1977, the list of toxic pollutants
    or combination of pollutants subject to this chapter shall consist
    of those toxic pollutants listed in table 1 of Committee Print
    Numbered 95-30 of the Committee on Public Works and Transportation
    of the House of Representatives, and the Administrator shall
    publish, not later than the thirtieth day after December 27, 1977,
    that list. From time to time thereafter, the Administrator may
    revise such list and the Administrator is authorized to add to or
    remove from such list any pollutant. The Administrator in
    publishing any revised list, including the addition or removal of
    any pollutant from such list, shall take into account toxicity of
    the pollutant, its persistence, degradability, the usual or
    potential presence of the affected organisms in any waters, the
    importance of the affected organisms, and the nature and extent of
    the effect of the toxic pollutant on such organisms. A
    determination of the Administrator under this paragraph shall be
    final except that if, on judicial review, such determination was
    based on arbitrary and capricious action of the Administrator, the
    Administrator shall make a redetermination.
      (2) Each toxic pollutant listed in accordance with paragraph (1)
    of this subsection shall be subject to effluent limitations
    resulting from the application of the best available technology
    economically achievable for the applicable category or class of
    point sources established in accordance with sections 1311(b)(2)(A)
    and 1314(b)(2) of this title. The Administrator, in his discretion,
    may publish in the Federal Register a proposed effluent standard
    (which may include a prohibition) establishing requirements for a
    toxic pollutant which, if an effluent limitation is applicable to a
    class or category of point sources, shall be applicable to such
    category or class only if such standard imposes more stringent
    requirements. Such published effluent standard (or prohibition)
    shall take into account the toxicity of the pollutant, its
    persistence, degradability, the usual or potential presence of the
    affected organisms in any waters, the importance of the affected
    organisms and the nature and extent of the effect of the toxic
    pollutant on such organisms, and the extent to which effective
    control is being or may be achieved under other regulatory
    authority. The Administrator shall allow a period of not less than
    sixty days following publication of any such proposed effluent
    standard (or prohibition) for written comment by interested persons
    on such proposed standard. In addition, if within thirty days of
    publication of any such proposed effluent standard (or prohibition)
    any interested person so requests, the Administrator shall hold a
    public hearing in connection therewith. Such a public hearing shall
    provide an opportunity for oral and written presentations, such
    cross-examination as the Administrator determines is appropriate on
    disputed issues of material fact, and the transcription of a
    verbatim record which shall be available to the public. After
    consideration of such comments and any information and material
    presented at any public hearing held on such proposed standard or
    prohibition, the Administrator shall promulgate such standard (or
    prohibition) with such modification as the Administrator finds are
    justified. Such promulgation by the Administrator shall be made
    within two hundred and seventy days after publication of proposed
    standard (or prohibition). Such standard (or prohibition) shall be
    final except that if, on judicial review, such standard was not
    based on substantial evidence, the Administrator shall promulgate a
    revised standard. Effluent limitations shall be established in
    accordance with sections 1311(b)(2)(A) and 1314(b)(2) of this title
    for every toxic pollutant referred to in table 1 of Committee Print
    Numbered 95-30 of the Committee on Public Works and Transportation
    of the House of Representatives as soon as practicable after
    December 27, 1977, but no later than July 1, 1980. Such effluent
    limitations or effluent standards (or prohibitions) shall be
    established for every other toxic pollutant listed under paragraph
    (1) of this subsection as soon as practicable after it is so
    listed.
      (3) Each such effluent standard (or prohibition) shall be
    reviewed and, if appropriate, revised at least every three years.
      (4) Any effluent standard promulgated under this section shall be
    at that level which the Administrator determines provides an ample
    margin of safety.
      (5) When proposing or promulgating any effluent standard (or
    prohibition) under this section, the Administrator shall designate
    the category or categories of sources to which the effluent
    standard (or prohibition) shall apply. Any disposal of dredged
    material may be included in such a category of sources after
    consultation with the Secretary of the Army.
      (6) Any effluent standard (or prohibition) established pursuant
    to this section shall take effect on such date or dates as
    specified in the order promulgating such standard, but in no case,
    more than one year from the date of such promulgation. If the
    Administrator determines that compliance within one year from the
    date of promulgation is technologically infeasible for a category
    of sources, the Administrator may establish the effective date of
    the effluent standard (or prohibition) for such category at the
    earliest date upon which compliance can be feasibly attained by
    sources within such category, but in no event more than three years
    after the date of such promulgation.
      (7) Prior to publishing any regulations pursuant to this section
    the Administrator shall, to the maximum extent practicable within
    the time provided, consult with appropriate advisory committees,
    States, independent experts, and Federal departments and agencies.
    (b) Pretreatment standards; hearing; promulgation; compliance
      period; revision; application to State and local laws
      (1) The Administrator shall, within one hundred and eighty days
    after October 18, 1972, and from time to time thereafter, publish
    proposed regulations establishing pretreatment standards for
    introduction of pollutants into treatment works (as defined in
    section 1292 of this title) which are publicly owned for those
    pollutants which are determined not to be susceptible to treatment
    by such treatment works or which would interfere with the operation
    of such treatment works. Not later than ninety days after such
    publication, and after opportunity for public hearing, the
    Administrator shall promulgate such pretreatment standards.
    Pretreatment standards under this subsection shall specify a time
    for compliance not to exceed three years from the date of
    promulgation and shall be established to prevent the discharge of
    any pollutant through treatment works (as defined in section 1292
    of this title) which are publicly owned, which pollutant interferes
    with, passes through, or otherwise is incompatible with such works.
    If, in the case of any toxic pollutant under subsection (a) of this
    section introduced by a source into a publicly owned treatment
    works, the treatment by such works removes all or any part of such
    toxic pollutant and the discharge from such works does not violate
    that effluent limitation or standard which would be applicable to
    such toxic pollutant if it were discharged by such source other
    than through a publicly owned treatment works, and does not prevent
    sludge use or disposal by such works in accordance with section
    1345 of this title, then the pretreatment requirements for the
    sources actually discharging such toxic pollutant into such
    publicly owned treatment works may be revised by the owner or
    operator of such works to reflect the removal of such toxic
    pollutant by such works.
      (2) The Administrator shall, from time to time, as control
    technology, processes, operating methods, or other alternatives
    change, revise such standards following the procedure established
    by this subsection for promulgation of such standards.
      (3) When proposing or promulgating any pretreatment standard
    under this section, the Administrator shall designate the category
    or categories of sources to which such standard shall apply.
      (4) Nothing in this subsection shall affect any pretreatment
    requirement established by any State or local law not in conflict
    with any pretreatment standard established under this subsection.
    (c) New sources of pollutants into publicly owned treatment works
      In order to insure that any source introducing pollutants into a
    publicly owned treatment works, which source would be a new source
    subject to section 1316 of this title if it were to discharge
    pollutants, will not cause a violation of the effluent limitations
    established for any such treatment works, the Administrator shall
    promulgate pretreatment standards for the category of such sources
    simultaneously with the promulgation of standards of performance
    under section 1316 of this title for the equivalent category of new
    sources. Such pretreatment standards shall prevent the discharge of
    any pollutant into such treatment works, which pollutant may
    interfere with, pass through, or otherwise be incompatible with
    such works.
    (d) Operation in violation of standards unlawful
      After the effective date of any effluent standard or prohibition
    or pretreatment standard promulgated under this section, it shall
    be unlawful for any owner or operator of any source to operate any
    source in violation of any such effluent standard or prohibition or
    pretreatment standard.
    (e) Compliance date extension for innovative pretreatment systems
      In the case of any existing facility that proposes to comply with
    the pretreatment standards of subsection (b) of this section by
    applying an innovative system that meets the requirements of
    section 1311(k) of this title, the owner or operator of the
    publicly owned treatment works receiving the treated effluent from
    such facility may extend the date for compliance with the
    applicable pretreatment standard established under this section for
    a period not to exceed 2 years -
        (1) if the Administrator determines that the innovative system
      has the potential for industrywide application, and
        (2) if the Administrator (or the State in consultation with the
      Administrator, in any case in which the State has a pretreatment
      program approved by the Administrator) -
          (A) determines that the proposed extension will not cause the
        publicly owned treatment works to be in violation of its permit
        under section 1342 of this title or of section 1345 of this
        title or to contribute to such a violation, and
          (B) concurs with the proposed extension.
-SOURCE-
    (June 30, 1948, ch. 758, title III, Sec. 307, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 856; amended Pub. L. 95-217,
    Secs. 53(a), (b), 54(a), Dec. 27, 1977, 91 Stat. 1589-1591; Pub. L.
    100-4, title III, Sec. 309(a), Feb. 4, 1987, 101 Stat. 41.)
-MISC1-
                                AMENDMENTS
      1987 - Subsec. (e). Pub. L. 100-4 added subsec. (e).
      1977 - Subsec. (a)(1). Pub. L. 95-217, Sec. 53(a), substituted
    "On and after December 27, 1977, the list of toxic pollutants or
    combination of pollutants subject to this chapter shall consist of
    those toxic pollutants listed in table 1 of Committee Print
    Numbered 95-30 of the Committee on Public Works and Transportation
    of the House of Representatives, and the Administrator shall
    publish, not later than the thirtieth day after December 27, 1977,
    that list" for "The Administrator shall, within ninety days after
    October 18, 1972, publish (and from time to time thereafter revise)
    a list which includes any toxic pollutant or combination of such
    pollutants for which an effluent standard (which may include a
    prohibition of the discharge of such pollutants or combination of
    such pollutants) will be established under this section" and
    inserted provision for the revision of the list and for the
    finality of the Administrator's determination except when that
    determination is arbitrary and capricious.
      Subsec. (a)(2). Pub. L. 95-217, Sec. 53(a), expanded provisions
    covering effluent limitations and the establishment of effluent
    standards (or prohibitions), introduced provisions relating to the
    application of the best available technology economically
    achievable for the applicable category or class of point sources
    established in accordance with sections 1311(b)(2)(A) and
    1314(b)(2) of this title, inserted provision that published
    effluent standards take into account the extent to which effective
    control is being or may be achieved under other regulatory
    authority, inserted provision for a sixty day minimum period
    following publication of proposed effluent standards for written
    comment, substituted two hundred and seventy days for six months as
    the period following publication of proposed standards during which
    period standards (or prohibitions) must be promulgated, and
    inserted provision for the finality of effluent limitations (or
    prohibitions) except if, on judicial review, the standard was not
    based on substantial evidence.
      Subsec. (a)(3). Pub. L. 95-217, Sec. 53(a), struck out provision
    for the immediate promulgation of revised effluent standards (or
    prohibitions) for pollutants or combinations of pollutants if,
    after public hearings, the Administrator found that a modification
    of such proposed standards (or prohibitions) was justified. See
    subsec. (a)(2) of this section.
      Subsec. (a)(6). Pub. L. 95-217, Sec. 53(b), inserted provision
    that if the Administrator determines that compliance with effluent
    standards (or prohibitions) within one year from the date of
    promulgation is technologically infeasible for a category of
    sources, the Administrator may establish the effective date of the
    effluent standard (or prohibition) for that category at the
    earliest date upon which compliance can be feasibly attained by
    sources within such category, but in no event more than three years
    after the date of such promulgation.
      Subsec. (b)(1). Pub. L. 95-217, Sec. 54(a), inserted provision
    that if, in the case of any toxic pollutant under subsection (a) of
    this section introduced by a source into a publicly owned treatment
    works, the treatment by the works removes all or any part of the
    toxic pollutant and the discharge from the works does not violate
    that effluent limitation or standard which would be applicable to
    the toxic pollutant if it were discharged by the source other than
    through a publicly owned treatment works, and does not prevent
    sludge use or disposal by the works in accordance with section 1345
    of this title, then the pretreatment requirements for the sources
    actually discharging the toxic pollutant into the publicly owned
    treatment works may be revised by the owner or operator of the
    works to reflect the removal of the toxic pollutant by the works.
-CHANGE-
                              CHANGE OF NAME
      Committee on Public Works and Transportation of House of
    Representatives treated as referring to Committee on Transportation
    and Infrastructure of House of Representatives by section 1(a) of
    Pub. L. 104-14, set out as a note preceding section 21 of Title 2,
    The Congress.
-MISC2-
                         INCREASE IN EPA EMPLOYEES
      Section 309(b) of Pub. L. 100-4 provided that: "The Administrator
    shall take such actions as may be necessary to increase the number
    of employees of the Environmental Protection Agency in order to
    effectively implement pretreatment requirements under section 307
    of the Federal Water Pollution Control Act [33 U.S.C. 1317]."
-End-
-CITE-
    33 USC Sec. 1318                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-HEAD-
    Sec. 1318. Records and reports; inspections
-STATUTE-
    (a) Maintenance; monitoring equipment; entry; access to information
      Whenever required to carry out the objective of this chapter,
    including but not limited to (1) developing or assisting in the
    development of any effluent limitation, or other limitation,
    prohibition, or effluent standard, pretreatment standard, or
    standard of performance under this chapter; (2) determining whether
    any person is in violation of any such effluent limitation, or
    other limitation, prohibition or effluent standard, pretreatment
    standard, or standard of performance; (3) any requirement
    established under this section; or (4) carrying out sections 1315,
    1321, 1342, 1344 (relating to State permit programs), 1345, and
    1364 of this title -
        (A) the Administrator shall require the owner or operator of
      any point source to (i) establish and maintain such records, (ii)
      make such reports, (iii) install, use, and maintain such
      monitoring equipment or methods (including where appropriate,
      biological monitoring methods), (iv) sample such effluents (in
      accordance with such methods, at such locations, at such
      intervals, and in such manner as the Administrator shall
      prescribe), and (v) provide such other information as he may
      reasonably require; and
        (B) the Administrator or his authorized representative
      (including an authorized contractor acting as a representative of
      the Administrator), upon presentation of his credentials -
          (i) shall have a right of entry to, upon, or through any
        premises in which an effluent source is located or in which any
        records required to be maintained under clause (A) of this
        subsection are located, and
          (ii) may at reasonable times have access to and copy any
        records, inspect any monitoring equipment or method required
        under clause (A), and sample any effluents which the owner or
        operator of such source is required to sample under such
        clause.
    (b) Availability to public; trade secrets exception; penalty for
      disclosure of confidential information
      Any records, reports, or information obtained under this section
    (1) shall, in the case of effluent data, be related to any
    applicable effluent limitations, toxic, pretreatment, or new source
    performance standards, and (2) shall be available to the public,
    except that upon a showing satisfactory to the Administrator by any
    person that records, reports, or information, or particular part
    thereof (other than effluent data), to which the Administrator has
    access under this section, if made public would divulge methods or
    processes entitled to protection as trade secrets of such person,
    the Administrator shall consider such record, report, or
    information, or particular portion thereof confidential in
    accordance with the purposes of section 1905 of title 18. Any
    authorized representative of the Administrator (including an
    authorized contractor acting as a representative of the
    Administrator) who knowingly or willfully publishes, divulges,
    discloses, or makes known in any manner or to any extent not
    authorized by law any information which is required to be
    considered confidential under this subsection shall be fined not
    more than $1,000 or imprisoned not more than 1 year, or both.
    Nothing in this subsection shall prohibit the Administrator or an
    authorized representative of the Administrator (including any
    authorized contractor acting as a representative of the
    Administrator) from disclosing records, reports, or information to
    other officers, employees, or authorized representatives of the
    United States concerned with carrying out this chapter or when
    relevant in any proceeding under this chapter.
    (c) Application of State law
      Each State may develop and submit to the Administrator procedures
    under State law for inspection, monitoring, and entry with respect
    to point sources located in such State. If the Administrator finds
    that the procedures and the law of any State relating to
    inspection, monitoring, and entry are applicable to at least the
    same extent as those required by this section, such State is
    authorized to apply and enforce its procedures for inspection,
    monitoring, and entry with respect to point sources located in such
    State (except with respect to point sources owned or operated by
    the United States).
    (d) Access by Congress
      Notwithstanding any limitation contained in this section or any
    other provision of law, all information reported to or otherwise
    obtained by the Administrator (or any representative of the
    Administrator) under this chapter shall be made available, upon
    written request of any duly authorized committee of Congress, to
    such committee.
-SOURCE-
    (June 30, 1948, ch. 758, title III, Sec. 308, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 858; amended Pub. L. 95-217,
    Sec. 67(c)(1), Dec. 27, 1977, 91 Stat. 1606; Pub. L. 100-4, title
    III, Sec. 310, title IV, Sec. 406(d)(1), Feb. 4, 1987, 101 Stat.
    41, 73.)
-MISC1-
                                AMENDMENTS
      1987 - Subsec. (a). Pub. L. 100-4, Sec. 406(d)(1), substituted
    "1345, and 1364" for "and 1364" in cl. (4).
      Subsec. (a)(B). Pub. L. 100-4, Sec. 310(a)(2), inserted
    "(including an authorized contractor acting as a representative of
    the Administrator)" after "representative".
      Subsec. (b). Pub. L. 100-4, Sec. 310(a)(1), substituted a period
    and "Any authorized representative of the Administrator (including
    an authorized contractor acting as a representative of the
    Administrator) who knowingly or willfully publishes, divulges,
    discloses, or makes known in any manner or to any extent not
    authorized by law any information which is required to be
    considered confidential under this subsection shall be fined not
    more than $1,000 or imprisoned not more than 1 year, or both.
    Nothing in this subsection shall prohibit the Administrator or an
    authorized representative of the Administrator (including any
    authorized contractor acting as a representative of the
    Administrator) from disclosing records, reports, or information to
    other officers, employees, or authorized representatives of the
    United States concerned with carrying out this chapter or when
    relevant in any proceeding under this chapter." for ", except that
    such record, report, or information may be disclosed to other
    officers, employees, or authorized representatives of the United
    States concerned with carrying out this chapter or when relevant in
    any proceeding under this chapter."
      Subsec. (d). Pub. L. 100-4, Sec. 310(b), added subsec. (d).
      1977 - Subsec. (a)(4). Pub. L. 95-217 inserted "1344 (relating to
    State permit programs)," after "sections 1315, 1321, 1342," in
    provisions preceding subpar. (A).
-End-
-CITE-
    33 USC Sec. 1319                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-HEAD-
    Sec. 1319. Enforcement
-STATUTE-
    (a) State enforcement; compliance orders
      (1) Whenever, on the basis of any information available to him,
    the Administrator finds that any person is in violation of any
    condition or limitation which implements section 1311, 1312, 1316,
    1317, 1318, 1328, or 1345 of this title in a permit issued by a
    State under an approved permit program under section 1342 or 1344
    of this title he shall proceed under his authority in paragraph (3)
    of this subsection or he shall notify the person in alleged
    violation and such State of such finding. If beyond the thirtieth
    day after the Administrator's notification the State has not
    commenced appropriate enforcement action, the Administrator shall
    issue an order requiring such person to comply with such condition
    or limitation or shall bring a civil action in accordance with
    subsection (b) of this section.
      (2) Whenever, on the basis of information available to him, the
    Administrator finds that violations of permit conditions or
    limitations as set forth in paragraph (1) of this subsection are so
    widespread that such violations appear to result from a failure of
    the State to enforce such permit conditions or limitations
    effectively, he shall so notify the State. If the Administrator
    finds such failure extends beyond the thirtieth day after such
    notice, he shall give public notice of such finding. During the
    period beginning with such public notice and ending when such State
    satisfies the Administrator that it will enforce such conditions
    and limitations (hereafter referred to in this section as the
    period of "federally assumed enforcement"), except where an
    extension has been granted under paragraph (5)(B) of this
    subsection, the Administrator shall enforce any permit condition or
    limitation with respect to any person -
        (A) by issuing an order to comply with such condition or
      limitation, or
        (B) by bringing a civil action under subsection (b) of this
      section.
      (3) Whenever on the basis of any information available to him the
    Administrator finds that any person is in violation of section
    1311, 1312, 1316, 1317, 1318, 1328, or 1345 of this title, or is in
    violation of any permit condition or limitation implementing any of
    such sections in a permit issued under section 1342 of this title
    by him or by a State or in a permit issued under section 1344 of
    this title by a State, he shall issue an order requiring such
    person to comply with such section or requirement, or he shall
    bring a civil action in accordance with subsection (b) of this
    section.
      (4) A copy of any order issued under this subsection shall be
    sent immediately by the Administrator to the State in which the
    violation occurs and other affected States. In any case in which an
    order under this subsection (or notice to a violator under
    paragraph (1) of this subsection) is issued to a corporation, a
    copy of such order (or notice) shall be served on any appropriate
    corporate officers. An order issued under this subsection relating
    to a violation of section 1318 of this title shall not take effect
    until the person to whom it is issued has had an opportunity to
    confer with the Administrator concerning the alleged violation.
      (5)(A) Any order issued under this subsection shall be by
    personal service, shall state with reasonable specificity the
    nature of the violation, and shall specify a time for compliance
    not to exceed thirty days in the case of a violation of an interim
    compliance schedule or operation and maintenance requirement and
    not to exceed a time the Administrator determines to be reasonable
    in the case of a violation of a final deadline, taking into account
    the seriousness of the violation and any good faith efforts to
    comply with applicable requirements.
      (B) The Administrator may, if he determines (i) that any person
    who is a violator of, or any person who is otherwise not in
    compliance with, the time requirements under this chapter or in any
    permit issued under this chapter, has acted in good faith, and has
    made a commitment (in the form of contracts or other securities) of
    necessary resources to achieve compliance by the earliest possible
    date after July 1, 1977, but not later than April 1, 1979; (ii)
    that any extension under this provision will not result in the
    imposition of any additional controls on any other point or
    nonpoint source; (iii) that an application for a permit under
    section 1342 of this title was filed for such person prior to
    December 31, 1974; and (iv) that the facilities necessary for
    compliance with such requirements are under construction, grant an
    extension of the date referred to in section 1311(b)(1)(A) of this
    title to a date which will achieve compliance at the earliest time
    possible but not later than April 1, 1979.
      (6) Whenever, on the basis of information available to him, the
    Administrator finds (A) that any person is in violation of section
    1311(b)(1)(A) or (C) of this title, (B) that such person cannot
    meet the requirements for a time extension under section 1311(i)(2)
    of this title, and (C) that the most expeditious and appropriate
    means of compliance with this chapter by such person is to
    discharge into a publicly owned treatment works, then, upon request
    of such person, the Administrator may issue an order requiring such
    person to comply with this chapter at the earliest date
    practicable, but not later than July 1, 1983, by discharging into a
    publicly owned treatment works if such works concur with such
    order. Such order shall include a schedule of compliance.
    (b) Civil actions
      The Administrator is authorized to commence a civil action for
    appropriate relief, including a permanent or temporary injunction,
    for any violation for which he is authorized to issue a compliance
    order under subsection (a) of this section. Any action under this
    subsection may be brought in the district court of the United
    States for the district in which the defendant is located or
    resides or is doing business, and such court shall have
    jurisdiction to restrain such violation and to require compliance.
    Notice of the commencement of such action shall be given
    immediately to the appropriate State.
    (c) Criminal penalties
      (1) Negligent violations
        Any person who -
          (A) negligently violates section 1311, 1312, 1316, 1317,
        1318, 1321(b)(3), 1328, or 1345 of this title, or any permit
        condition or limitation implementing any of such sections in a
        permit issued under section 1342 of this title by the
        Administrator or by a State, or any requirement imposed in a
        pretreatment program approved under section 1342(a)(3) or
        1342(b)(8) of this title or in a permit issued under section
        1344 of this title by the Secretary of the Army or by a State;
        or
          (B) negligently introduces into a sewer system or into a
        publicly owned treatment works any pollutant or hazardous
        substance which such person knew or reasonably should have
        known could cause personal injury or property damage or, other
        than in compliance with all applicable Federal, State, or local
        requirements or permits, which causes such treatment works to
        violate any effluent limitation or condition in any permit
        issued to the treatment works under section 1342 of this title
        by the Administrator or a State;
      shall be punished by a fine of not less than $2,500 nor more than
      $25,000 per day of violation, or by imprisonment for not more
      than 1 year, or by both. If a conviction of a person is for a
      violation committed after a first conviction of such person under
      this paragraph, punishment shall be by a fine of not more than
      $50,000 per day of violation, or by imprisonment of not more than
      2 years, or by both.
      (2) Knowing violations
        Any person who -
          (A) knowingly violates section 1311, 1312, 1316, 1317, 1318,
        1321(b)(3), 1328, or 1345 of this title, or any permit
        condition or limitation implementing any of such sections in a
        permit issued under section 1342 of this title by the
        Administrator or by a State, or any requirement imposed in a
        pretreatment program approved under section 1342(a)(3) or
        1342(b)(8) of this title or in a permit issued under section
        1344 of this title by the Secretary of the Army or by a State;
        or
          (B) knowingly introduces into a sewer system or into a
        publicly owned treatment works any pollutant or hazardous
        substance which such person knew or reasonably should have
        known could cause personal injury or property damage or, other
        than in compliance with all applicable Federal, State, or local
        requirements or permits, which causes such treatment works to
        violate any effluent limitation or condition in a permit issued
        to the treatment works under section 1342 of this title by the
        Administrator or a State;
      shall be punished by a fine of not less than $5,000 nor more than
      $50,000 per day of violation, or by imprisonment for not more
      than 3 years, or by both. If a conviction of a person is for a
      violation committed after a first conviction of such person under
      this paragraph, punishment shall be by a fine of not more than
      $100,000 per day of violation, or by imprisonment of not more
      than 6 years, or by both.
      (3) Knowing endangerment
        (A) General rule
          Any person who knowingly violates section 1311, 1312, 1313,
        1316, 1317, 1318, 1321(b)(3), 1328, or 1345 of this title, or
        any permit condition or limitation implementing any of such
        sections in a permit issued under section 1342 of this title by
        the Administrator or by a State, or in a permit issued under
        section 1344 of this title by the Secretary of the Army or by a
        State, and who knows at that time that he thereby places
        another person in imminent danger of death or serious bodily
        injury, shall, upon conviction, be subject to a fine of not
        more than $250,000 or imprisonment of not more than 15 years,
        or both. A person which is an organization shall, upon
        conviction of violating this subparagraph, be subject to a fine
        of not more than $1,000,000. If a conviction of a person is for
        a violation committed after a first conviction of such person
        under this paragraph, the maximum punishment shall be doubled
        with respect to both fine and imprisonment.
        (B) Additional provisions
          For the purpose of subparagraph (A) of this paragraph -
            (i) in determining whether a defendant who is an individual
          knew that his conduct placed another person in imminent
          danger of death or serious bodily injury -
              (I) the person is responsible only for actual awareness
            or actual belief that he possessed; and
              (II) knowledge possessed by a person other than the
            defendant but not by the defendant himself may not be
            attributed to the defendant;
          except that in proving the defendant's possession of actual
          knowledge, circumstantial evidence may be used, including
          evidence that the defendant took affirmative steps to shield
          himself from relevant information;
            (ii) it is an affirmative defense to prosecution that the
          conduct charged was consented to by the person endangered and
          that the danger and conduct charged were reasonably
          foreseeable hazards of -
              (I) an occupation, a business, or a profession; or
              (II) medical treatment or medical or scientific
            experimentation conducted by professionally approved
            methods and such other person had been made aware of the
            risks involved prior to giving consent;
          and such defense may be established under this subparagraph
          by a preponderance of the evidence;
            (iii) the term "organization" means a legal entity, other
          than a government, established or organized for any purpose,
          and such term includes a corporation, company, association,
          firm, partnership, joint stock company, foundation,
          institution, trust, society, union, or any other association
          of persons; and
            (iv) the term "serious bodily injury" means bodily injury
          which involves a substantial risk of death, unconsciousness,
          extreme physical pain, protracted and obvious disfigurement,
          or protracted loss or impairment of the function of a bodily
          member, organ, or mental faculty.
      (4) False statements
        Any person who knowingly makes any false material statement,
      representation, or certification in any application, record,
      report, plan, or other document filed or required to be
      maintained under this chapter or who knowingly falsifies, tampers
      with, or renders inaccurate any monitoring device or method
      required to be maintained under this chapter, shall upon
      conviction, be punished by a fine of not more than $10,000, or by
      imprisonment for not more than 2 years, or by both. If a
      conviction of a person is for a violation committed after a first
      conviction of such person under this paragraph, punishment shall
      be by a fine of not more than $20,000 per day of violation, or by
      imprisonment of not more than 4 years, or by both.
      (5) Treatment of single operational upset
        For purposes of this subsection, a single operational upset
      which leads to simultaneous violations of more than one pollutant
      parameter shall be treated as a single violation.
      (6) Responsible corporate officer as "person"
        For the purpose of this subsection, the term "person" means, in
      addition to the definition contained in section 1362(5) of this
      title, any responsible corporate officer.
      (7) Hazardous substance defined
        For the purpose of this subsection, the term "hazardous
      substance" means (A) any substance designated pursuant to section
      1321(b)(2)(A) of this title, (B) any element, compound, mixture,
      solution, or substance designated pursuant to section 9602 of
      title 42, (C) any hazardous waste having the characteristics
      identified under or listed pursuant to section 3001 of the Solid
      Waste Disposal Act [42 U.S.C. 6921] (but not including any waste
      the regulation of which under the Solid Waste Disposal Act [42
      U.S.C. 6901 et seq.] has been suspended by Act of Congress), (D)
      any toxic pollutant listed under section 1317(a) of this title,
      and (E) any imminently hazardous chemical substance or mixture
      with respect to which the Administrator has taken action pursuant
      to section 2606 of title 15.
    (d) Civil penalties; factors considered in determining amount
      Any person who violates section 1311, 1312, 1316, 1317, 1318,
    1328, or 1345 of this title, or any permit condition or limitation
    implementing any of such sections in a permit issued under section
    1342 of this title by the Administrator, or by a State, or in a
    permit issued under section 1344 of this title by a State,,(!1) or
    any requirement imposed in a pretreatment program approved under
    section 1342(a)(3) or 1342(b)(8) of this title, and any person who
    violates any order issued by the Administrator under subsection (a)
    of this section, shall be subject to a civil penalty not to exceed
    $25,000 per day for each violation. In determining the amount of a
    civil penalty the court shall consider the seriousness of the
    violation or violations, the economic benefit (if any) resulting
    from the violation, any history of such violations, any good-faith
    efforts to comply with the applicable requirements, the economic
    impact of the penalty on the violator, and such other matters as
    justice may require. For purposes of this subsection, a single
    operational upset which leads to simultaneous violations of more
    than one pollutant parameter shall be treated as a single
    violation.
    (e) State liability for judgments and expenses
      Whenever a municipality is a party to a civil action brought by
    the United States under this section, the State in which such
    municipality is located shall be joined as a party. Such State
    shall be liable for payment of any judgment, or any expenses
    incurred as a result of complying with any judgment, entered
    against the municipality in such action to the extent that the laws
    of that State prevent the municipality from raising revenues needed
    to comply with such judgment.
    (f) Wrongful introduction of pollutant into treatment works
      Whenever, on the basis of any information available to him, the
    Administrator finds that an owner or operator of any source is
    introducing a pollutant into a treatment works in violation of
    subsection (d) of section 1317 of this title, the Administrator may
    notify the owner or operator of such treatment works and the State
    of such violation. If the owner or operator of the treatment works
    does not commence appropriate enforcement action within 30 days of
    the date of such notification, the Administrator may commence a
    civil action for appropriate relief, including but not limited to,
    a permanent or temporary injunction, against the owner or operator
    of such treatment works. In any such civil action the Administrator
    shall join the owner or operator of such source as a party to the
    action. Such action shall be brought in the district court of the
    United States in the district in which the treatment works is
    located. Such court shall have jurisdiction to restrain such
    violation and to require the owner or operator of the treatment
    works and the owner or operator of the source to take such action
    as may be necessary to come into compliance with this chapter.
    Notice of commencement of any such action shall be given to the
    State. Nothing in this subsection shall be construed to limit or
    prohibit any other authority the Administrator may have under this
    chapter.
    (g) Administrative penalties
      (1) Violations
        Whenever on the basis of any information available -
          (A) the Administrator finds that any person has violated
        section 1311, 1312, 1316, 1317, 1318, 1328, or 1345 of this
        title, or has violated any permit condition or limitation
        implementing any of such sections in a permit issued under
        section 1342 of this title by the Administrator or by a State,
        or in a permit issued under section 1344 of this title by a
        State, or
          (B) the Secretary of the Army (hereinafter in this subsection
        referred to as the "Secretary") finds that any person has
        violated any permit condition or limitation in a permit issued
        under section 1344 of this title by the Secretary,
      the Administrator or Secretary, as the case may be, may, after
      consultation with the State in which the violation occurs, assess
      a class I civil penalty or a class II civil penalty under this
      subsection.
      (2) Classes of penalties
        (A) Class I
          The amount of a class I civil penalty under paragraph (1) may
        not exceed $10,000 per violation, except that the maximum
        amount of any class I civil penalty under this subparagraph
        shall not exceed $25,000. Before issuing an order assessing a
        civil penalty under this subparagraph, the Administrator or the
        Secretary, as the case may be, shall give to the person to be
        assessed such penalty written notice of the Administrator's or
        Secretary's proposal to issue such order and the opportunity to
        request, within 30 days of the date the notice is received by
        such person, a hearing on the proposed order. Such hearing
        shall not be subject to section 554 or 556 of title 5, but
        shall provide a reasonable opportunity to be heard and to
        present evidence.
        (B) Class II
          The amount of a class II civil penalty under paragraph (1)
        may not exceed $10,000 per day for each day during which the
        violation continues; except that the maximum amount of any
        class II civil penalty under this subparagraph shall not exceed
        $125,000. Except as otherwise provided in this subsection, a
        class II civil penalty shall be assessed and collected in the
        same manner, and subject to the same provisions, as in the case
        of civil penalties assessed and collected after notice and
        opportunity for a hearing on the record in accordance with
        section 554 of title 5. The Administrator and the Secretary may
        issue rules for discovery procedures for hearings under this
        subparagraph.
      (3) Determining amount
        In determining the amount of any penalty assessed under this
      subsection, the Administrator or the Secretary, as the case may
      be, shall take into account the nature, circumstances, extent and
      gravity of the violation, or violations, and, with respect to the
      violator, ability to pay, any prior history of such violations,
      the degree of culpability, economic benefit or savings (if any)
      resulting from the violation, and such other matters as justice
      may require. For purposes of this subsection, a single
      operational upset which leads to simultaneous violations of more
      than one pollutant parameter shall be treated as a single
      violation.
      (4) Rights of interested persons
        (A) Public notice
          Before issuing an order assessing a civil penalty under this
        subsection the Administrator or Secretary, as the case may be,
        shall provide public notice of and reasonable opportunity to
        comment on the proposed issuance of such order.
        (B) Presentation of evidence
          Any person who comments on a proposed assessment of a penalty
        under this subsection shall be given notice of any hearing held
        under this subsection and of the order assessing such penalty.
        In any hearing held under this subsection, such person shall
        have a reasonable opportunity to be heard and to present
        evidence.
        (C) Rights of interested persons to a hearing
          If no hearing is held under paragraph (2) before issuance of
        an order assessing a penalty under this subsection, any person
        who commented on the proposed assessment may petition, within
        30 days after the issuance of such order, the Administrator or
        Secretary, as the case may be, to set aside such order and to
        provide a hearing on the penalty. If the evidence presented by
        the petitioner in support of the petition is material and was
        not considered in the issuance of the order, the Administrator
        or Secretary shall immediately set aside such order and provide
        a hearing in accordance with paragraph (2)(A) in the case of a
        class I civil penalty and paragraph (2)(B) in the case of a
        class II civil penalty. If the Administrator or Secretary
        denies a hearing under this subparagraph, the Administrator or
        Secretary shall provide to the petitioner, and publish in the
        Federal Register, notice of and the reasons for such denial.
      (5) Finality of order
        An order issued under this subsection shall become final 30
      days after its issuance unless a petition for judicial review is
      filed under paragraph (8) or a hearing is requested under
      paragraph (4)(C). If such a hearing is denied, such order shall
      become final 30 days after such denial.
      (6) Effect of order
        (A) Limitation on actions under other sections
          Action taken by the Administrator or the Secretary, as the
        case may be, under this subsection shall not affect or limit
        the Administrator's or Secretary's authority to enforce any
        provision of this chapter; except that any violation -
            (i) with respect to which the Administrator or the
          Secretary has commenced and is diligently prosecuting an
          action under this subsection,
            (ii) with respect to which a State has commenced and is
          diligently prosecuting an action under a State law comparable
          to this subsection, or
            (iii) for which the Administrator, the Secretary, or the
          State has issued a final order not subject to further
          judicial review and the violator has paid a penalty assessed
          under this subsection, or such comparable State law, as the
          case may be,
        shall not be the subject of a civil penalty action under
        subsection (d) of this section or section 1321(b) of this title
        or section 1365 of this title.
        (B) Applicability of limitation with respect to citizen suits
          The limitations contained in subparagraph (A) on civil
        penalty actions under section 1365 of this title shall not
        apply with respect to any violation for which -
            (i) a civil action under section 1365(a)(1) of this title
          has been filed prior to commencement of an action under this
          subsection, or
            (ii) notice of an alleged violation of section 1365(a)(1)
          of this title has been given in accordance with section
          1365(b)(1)(A) of this title prior to commencement of an
          action under this subsection and an action under section
          1365(a)(1) of this title with respect to such alleged
          violation is filed before the 120th day after the date on
          which such notice is given.
      (7) Effect of action on compliance
        No action by the Administrator or the Secretary under this
      subsection shall affect any person's obligation to comply with
      any section of this chapter or with the terms and conditions of
      any permit issued pursuant to section 1342 or 1344 of this title.
      (8) Judicial review
        Any person against whom a civil penalty is assessed under this
      subsection or who commented on the proposed assessment of such
      penalty in accordance with paragraph (4) may obtain review of
      such assessment -
          (A) in the case of assessment of a class I civil penalty, in
        the United States District Court for the District of Columbia
        or in the district in which the violation is alleged to have
        occurred, or
          (B) in the case of assessment of a class II civil penalty, in
        United States Court of Appeals for the District of Columbia
        Circuit or for any other circuit in which such person resides
        or transacts business,
      by filing a notice of appeal in such court within the 30-day
      period beginning on the date the civil penalty order is issued
      and by simultaneously sending a copy of such notice by certified
      mail to the Administrator or the Secretary, as the case may be,
      and the Attorney General. The Administrator or the Secretary
      shall promptly file in such court a certified copy of the record
      on which the order was issued. Such court shall not set aside or
      remand such order unless there is not substantial evidence in the
      record, taken as a whole, to support the finding of a violation
      or unless the Administrator's or Secretary's assessment of the
      penalty constitutes an abuse of discretion and shall not impose
      additional civil penalties for the same violation unless the
      Administrator's or Secretary's assessment of the penalty
      constitutes an abuse of discretion.
      (9) Collection
        If any person fails to pay an assessment of a civil penalty -
          (A) after the order making the assessment has become final,
        or
          (B) after a court in an action brought under paragraph (8)
        has entered a final judgment in favor of the Administrator or
        the Secretary, as the case may be,
      the Administrator or the Secretary shall request the Attorney
      General to bring a civil action in an appropriate district court
      to recover the amount assessed (plus interest at currently
      prevailing rates from the date of the final order or the date of
      the final judgment, as the case may be). In such an action, the
      validity, amount, and appropriateness of such penalty shall not
      be subject to review. Any person who fails to pay on a timely
      basis the amount of an assessment of a civil penalty as described
      in the first sentence of this paragraph shall be required to pay,
      in addition to such amount and interest, attorneys fees and costs
      for collection proceedings and a quarterly nonpayment penalty for
      each quarter during which such failure to pay persists. Such
      nonpayment penalty shall be in an amount equal to 20 percent of
      the aggregate amount of such person's penalties and nonpayment
      penalties which are unpaid as of the beginning of such quarter.
      (10) Subpoenas
        The Administrator or Secretary, as the case may be, may issue
      subpoenas for the attendance and testimony of witnesses and the
      production of relevant papers, books, or documents in connection
      with hearings under this subsection. In case of contumacy or
      refusal to obey a subpoena issued pursuant to this paragraph and
      served upon any person, the district court of the United States
      for any district in which such person is found, resides, or
      transacts business, upon application by the United States and
      after notice to such person, shall have jurisdiction to issue an
      order requiring such person to appear and give testimony before
      the administrative law judge or to appear and produce documents
      before the administrative law judge, or both, and any failure to
      obey such order of the court may be punished by such court as a
      contempt thereof.
      (11) Protection of existing procedures
        Nothing in this subsection shall change the procedures existing
      on the day before February 4, 1987, under other subsections of
      this section for issuance and enforcement of orders by the
      Administrator.
-SOURCE-
    (June 30, 1948, ch. 758, title III, Sec. 309, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 859; amended Pub. L. 95-217,
    Secs. 54(b), 55, 56, 67(c)(2), Dec. 27, 1977, 91 Stat. 1591, 1592,
    1606; Pub. L. 100-4, title III, Secs. 312, 313(a)(1), (b)(1), (c),
    314(a), Feb. 4, 1987, 101 Stat. 42, 45, 46; Pub. L. 101-380, title
    IV, Sec. 4301(c), Aug. 18, 1990, 104 Stat. 537.)
-REFTEXT-
                            REFERENCES IN TEXT
      The Solid Waste Disposal Act, referred to in subsec. (c)(7), is
    title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
    generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,
    which is classified generally to chapter 82 (Sec. 6901 et seq.) of
    Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 6901 of Title 42 and Tables.
-MISC1-
                                AMENDMENTS
      1990 - Subsec. (c)(1)(A), (2)(A), (3)(A). Pub. L. 101-380
    inserted "1321(b)(3)," after "1318,".
      1987 - Subsec. (c). Pub. L. 100-4, Sec. 312, amended subsec. (c)
    generally, revising provisions of par. (1), adding pars. (2), (3),
    (5), and (7), redesignating former pars. (2) and (4) as (3) and
    (6), respectively, and revising provisions of redesignated par.
    (4).
      Subsec. (d). Pub. L. 100-4, Sec. 313(a)(1), inserted ", or any
    requirement imposed in a pretreatment program approved under
    section 1342(a)(3) or 1342(b)(8) of this title," after second
    reference to "State,".
      Pub. L. 100-4, Sec. 313(b)(1), substituted "$25,000 per day for
    each violation" for "$10,000 per day of such violation".
      Pub. L. 100-4, Sec. 313(c), inserted at end "In determining the
    amount of a civil penalty the court shall consider the seriousness
    of the violation or violations, the economic benefit (if any)
    resulting from the violation, any history of such violations, any
    good-faith efforts to comply with the applicable requirements, the
    economic impact of the penalty on the violator, and such other
    matters as justice may require. For purposes of this subsection, a
    single operational upset which leads to simultaneous violations of
    more than one pollutant parameter shall be treated as a single
    violation."
      Subsec. (g). Pub. L. 100-4, Sec. 314(a), added subsec. (g).
      1977 - Subsec. (a)(1). Pub. L. 95-217, Secs. 55(a), 67(c)(2)(A),
    substituted "1318, 1328, or 1345 of this title" for "or 1318 of
    this title" and "1342 or 1344 of this title" for "1342 of this
    title".
      Subsec. (a)(2). Pub. L. 95-217, Sec. 56(a), substituted "except
    where an extension has been granted under paragraph (5)(B) of this
    subsection, the Administrator shall enforce any permit condition or
    limitation" for "the Administrator shall enforce any permit
    condition or limitation".
      Subsec. (a)(3). Pub. L. 95-217, Secs. 55(b), 67(c)(2)(B),
    substituted "1318, 1328, or 1345 of this title" for "or 1318 of
    this title" and inserted "or in a permit issued under section 1344
    of this title by a State" after "in a permit issued under section
    1342 of this title by him or by a State".
      Subsec. (a)(4). Pub. L. 95-217, Sec. 56(b), struck out provision
    that any order issued under this subsection had to be by personal
    service and had to state with reasonable specificity the nature of
    the violation and a time for compliance, not to exceed thirty days,
    which the Administrator determined to be reasonable, taking into
    account the seriousness of the violation and any good faith efforts
    to comply with applicable requirements. See section subsec. (a)(5)
    of this section.
      Subsec. (a)(5), (6). Pub. L. 95-217, Sec. 56(c), added pars. (5)
    and (6).
      Subsec. (c)(1). Pub. L. 95-217, Sec. 67(c)(2)(C), substituted "by
    a State or in a permit issued under section 1344 of this title by a
    State, shall be punished" for "by a State, shall be punished".
      Subsec. (d). Pub. L. 95-217, Secs. 55(c), 67(c)(2)(D),
    substituted "1318, 1328, or 1345 of this title" for "or 1318 of
    this title" and inserted "or in a permit issued under section 1344
    of this title by a State," after "permit issued under section 1342
    of this title by the Administrator, or by a State,".
      Subsec. (f). Pub. L. 95-217, Sec. 54(b), added subsec. (f).
                     EFFECTIVE DATE OF 1990 AMENDMENT
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of this title.
                             SAVINGS PROVISION
      Section 313(a)(2) of Pub. L. 100-4 provided that: "No State shall
    be required before July 1, 1988, to modify a permit program
    approved or submitted under section 402 of the Federal Water
    Pollution Control Act [33 U.S.C. 1342] as a result of the amendment
    made by paragraph (1) [amending this section]."
     DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL LIABILITY TRUST FUND
      Penalties paid pursuant to subsection (c) of this section and
    sections 1321 and 1501 et seq. of this title to be deposited in the
    Oil Spill Liability Trust Fund created under section 9509 of Title
    26, Internal Revenue Code, see section 4304 of Pub. L. 101-380, set
    out as a note under section 9509 of Title 26.
           INCREASED PENALTIES NOT REQUIRED UNDER STATE PROGRAMS
      Section 313(b)(2) of Pub. L. 100-4 provided that: "The Federal
    Water Pollution Control Act [33 U.S.C. 1251 et seq.] shall not be
    construed as requiring a State to have a civil penalty for
    violations described in section 309(d) of such Act [33 U.S.C.
    1319(d)] which has the same monetary amount as the civil penalty
    established by such section, as amended by paragraph (1) [amending
    this section]. Nothing in this paragraph shall affect the
    Administrator's authority to establish or adjust by regulation a
    minimum acceptable State civil penalty.
        ACTIONS BY SURGEON GENERAL RELATING TO INTERSTATE POLLUTION
      Act July 9, 1956, ch. 518, Sec. 5, 70 Stat. 507, provided that
    actions by the Surgeon General with respect to water pollutants
    under section 2(d) of act June 30, 1948, ch. 758, 62 Stat. 1155, as
    in effect prior to July 9, 1956, which had been completed prior to
    such date, would still be subject to the terms of section 2(d) of
    act June 30, 1948, in effect prior to the July 9, 1956 amendment,
    but that actions with respect to such pollutants would nevertheless
    subsequently be possible in accordance with the terms of act June
    30, 1948, as amended by act July 9, 1956.
-FOOTNOTE-
    (!1) So in original.
-End-
-CITE-
    33 USC Sec. 1320                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-HEAD-
    Sec. 1320. International pollution abatement
-STATUTE-
    (a) Hearing; participation by foreign nations
      Whenever the Administrator, upon receipts of reports, surveys, or
    studies from any duly constituted international agency, has reason
    to believe that pollution is occurring which endangers the health
    or welfare of persons in a foreign country, and the Secretary of
    State requests him to abate such pollution, he shall give formal
    notification thereof to the State water pollution control agency of
    the State or States in which such discharge or discharges originate
    and to the appropriate interstate agency, if any. He shall also
    promptly call such a hearing, if he believes that such pollution is
    occurring in sufficient quantity to warrant such action, and if
    such foreign country has given the United States essentially the
    same rights with respect to the prevention and control of pollution
    occurring in that country as is given that country by this
    subsection. The Administrator, through the Secretary of State,
    shall invite the foreign country which may be adversely affected by
    the pollution to attend and participate in the hearing, and the
    representative of such country shall, for the purpose of the
    hearing and any further proceeding resulting from such hearing,
    have all the rights of a State water pollution control agency.
    Nothing in this subsection shall be construed to modify, amend,
    repeal, or otherwise affect the provisions of the 1909 Boundary
    Waters Treaty between Canada and the United States or the Water
    Utilization Treaty of 1944 between Mexico and the United States (59
    Stat. 1219), relative to the control and abatement of pollution in
    waters covered by those treaties.
    (b) Functions and responsibilities of Administrator not affected
      The calling of a hearing under this section shall not be
    construed by the courts, the Administrator, or any person as
    limiting, modifying, or otherwise affecting the functions and
    responsibilities of the Administrator under this section to
    establish and enforce water quality requirements under this
    chapter.
    (c) Hearing board; composition; findings of fact; recommendations;
      implementation of board's decision
      The Administrator shall publish in the Federal Register a notice
    of a public hearing before a hearing board of five or more persons
    appointed by the Administrator. A majority of the members of the
    board and the chairman who shall be designated by the Administrator
    shall not be officers or employees of Federal, State, or local
    governments. On the basis of the evidence presented at such
    hearing, the board shall within sixty days after completion of the
    hearing make findings of fact as to whether or not such pollution
    is occurring and shall thereupon by decision, incorporating its
    findings therein, make such recommendations to abate the pollution
    as may be appropriate and shall transmit such decision and the
    record of the hearings to the Administrator. All such decisions
    shall be public. Upon receipt of such decision, the Administrator
    shall promptly implement the board's decision in accordance with
    the provisions of this chapter.
    (d) Report by alleged polluter
      In connection with any hearing called under this subsection, the
    board is authorized to require any person whose alleged activities
    result in discharges causing or contributing to pollution to file
    with it in such forms as it may prescribe, a report based on
    existing data, furnishing such information as may reasonably be
    required as to the character, kind, and quantity of such discharges
    and the use of facilities or other means to prevent or reduce such
    discharges by the person filing such a report. Such report shall be
    made under oath or otherwise, as the board may prescribe, and shall
    be filed with the board within such reasonable period as it may
    prescribe, unless additional time is granted by it. Upon a showing
    satisfactory to the board by the person filing such report that
    such report or portion thereof (other than effluent data), to which
    the Administrator has access under this section, if made public
    would divulge trade secrets or secret processes of such person, the
    board shall consider such report or portion thereof confidential
    for the purposes of section 1905 of title 18. If any person
    required to file any report under this paragraph shall fail to do
    so within the time fixed by the board for filing the same, and such
    failure shall continue for thirty days after notice of such
    default, such person shall forfeit to the United States the sum of
    $1,000 for each and every day of the continuance of such failure,
    which forfeiture shall be payable into the Treasury of the United
    States, and shall be recoverable in a civil suit in the name of the
    United States in the district court of the United States where such
    person has his principal office or in any district in which he does
    business. The Administrator may upon application therefor remit or
    mitigate any forfeiture provided for under this subsection.
    (e) Compensation of board members
      Board members, other than officers or employees of Federal,
    State, or local governments, shall be for each day (including
    travel-time) during which they are performing board business,
    entitled to receive compensation at a rate fixed by the
    Administrator but not in excess of the maximum rate of pay for
    grade GS-18, as provided in the General Schedule under section 5332
    of title 5, and shall, notwithstanding the limitations of sections
    5703 and 5704 of title 5, be fully reimbursed for travel,
    subsistence and related expenses.
    (f) Enforcement proceedings
      When any such recommendation adopted by the Administrator
    involves the institution of enforcement proceedings against any
    person to obtain the abatement of pollution subject to such
    recommendation, the Administrator shall institute such proceedings
    if he believes that the evidence warrants such proceedings. The
    district court of the United States shall consider and determine de
    novo all relevant issues, but shall receive in evidence the record
    of the proceedings before the conference or hearing board. The
    court shall have jurisdiction to enter such judgment and orders
    enforcing such judgment as it deems appropriate or to remand such
    proceedings to the Administrator for such further action as it may
    direct.
-SOURCE-
    (June 30, 1948, ch. 758, title III, Sec. 310, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 860.)
-MISC1-
          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.
-End-
-CITE-
    33 USC Sec. 1321                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-HEAD-
    Sec. 1321. Oil and hazardous substance liability
-STATUTE-
    (a) Definitions
      For the purpose of this section, the term -
        (1) "oil" means oil of any kind or in any form, including, but
      not limited to, petroleum, fuel oil, sludge, oil refuse, and oil
      mixed with wastes other than dredged spoil;
        (2) "discharge" includes, but is not limited to, any spilling,
      leaking, pumping, pouring, emitting, emptying or dumping, but
      excludes (A) discharges in compliance with a permit under section
      1342 of this title, (B) discharges resulting from circumstances
      identified and reviewed and made a part of the public record with
      respect to a permit issued or modified under section 1342 of this
      title, and subject to a condition in such permit,,(!1) (C)
      continuous or anticipated intermittent discharges from a point
      source, identified in a permit or permit application under
      section 1342 of this title, which are caused by events occurring
      within the scope of relevant operating or treatment systems, and
      (D) discharges incidental to mechanical removal authorized by the
      President under subsection (c) of this section;
        (3) "vessel" means every description of watercraft or other
      artificial contrivance used, or capable of being used, as a means
      of transportation on water other than a public vessel;
        (4) "public vessel" means a vessel owned or bareboat-chartered
      and operated by the United States, or by a State or political
      subdivision thereof, or by a foreign nation, except when such
      vessel is engaged in commerce;
        (5) "United States" means the States, the District of Columbia,
      the Commonwealth of Puerto Rico, the Commonwealth of the Northern
      Mariana Islands, Guam, American Samoa, the Virgin Islands, and
      the Trust Territory of the Pacific Islands;
        (6) "owner or operator" means (A) in the case of a vessel, any
      person owning, operating, or chartering by demise, such vessel,
      and (B) in the case of an onshore facility, and an offshore
      facility, any person owning or operating such onshore facility or
      offshore facility, and (C) in the case of any abandoned offshore
      facility, the person who owned or operated such facility
      immediately prior to such abandonment;
        (7) "person" includes an individual, firm, corporation,
      association, and a partnership;
        (8) "remove" or "removal" refers to containment and removal of
      the oil or hazardous substances from the water and shorelines or
      the taking of such other actions as may be necessary to prevent,
      minimize, or mitigate damage to the public health or welfare,
      including, but not limited to, fish, shellfish, wildlife, and
      public and private property, shorelines, and beaches;
        (9) "contiguous zone" means the entire zone established or to
      be established by the United States under article 24 of the
      Convention on the Territorial Sea and the Contiguous Zone;
        (10) "onshore facility" means any facility (including, but not
      limited to, motor vehicles and rolling stock) of any kind located
      in, on, or under, any land within the United States other than
      submerged land;
        (11) "offshore facility" means any facility of any kind located
      in, on, or under, any of the navigable waters of the United
      States, and any facility of any kind which is subject to the
      jurisdiction of the United States and is located in, on, or under
      any other waters, other than a vessel or a public vessel;
        (12) "act of God" means an act occasioned by an unanticipated
      grave natural disaster;
        (13) "barrel" means 42 United States gallons at 60 degrees
      Fahrenheit;
        (14) "hazardous substance" means any substance designated
      pursuant to subsection (b)(2) of this section;
        (15) "inland oil barge" means a non-self-propelled vessel
      carrying oil in bulk as cargo and certificated to operate only in
      the inland waters of the United States, while operating in such
      waters;
        (16) "inland waters of the United States" means those waters of
      the United States lying inside the baseline from which the
      territorial sea is measured and those waters outside such
      baseline which are a part of the Gulf Intracoastal Waterway;
        (17) "otherwise subject to the jurisdiction of the United
      States" means subject to the jurisdiction of the United States by
      virtue of United States citizenship, United States vessel
      documentation or numbering, or as provided for by international
      agreement to which the United States is a party;
        (18) "Area Committee" means an Area Committee established under
      subsection (j) of this section;
        (19) "Area Contingency Plan" means an Area Contingency Plan
      prepared under subsection (j) of this section;
        (20) "Coast Guard District Response Group" means a Coast Guard
      District Response Group established under subsection (j) of this
      section;
        (21) "Federal On-Scene Coordinator" means a Federal On-Scene
      Coordinator designated in the National Contingency Plan;
        (22) "National Contingency Plan" means the National Contingency
      Plan prepared and published under subsection (d) of this section;
        (23) "National Response Unit" means the National Response Unit
      established under subsection (j) of this section;
        (24) "worst case discharge" means -
          (A) in the case of a vessel, a discharge in adverse weather
        conditions of its entire cargo; and
          (B) in the case of an offshore facility or onshore facility,
        the largest foreseeable discharge in adverse weather
        conditions;
        (25) "removal costs" means -
          (A) the costs of removal of oil or a hazardous substance that
        are incurred after it is discharged; and
          (B) in any case in which there is a substantial threat of a
        discharge of oil or a hazardous substance, the costs to
        prevent, minimize, or mitigate that threat; and
        (26) "nontank vessel" means a self-propelled vessel that -
          (A) is at least 400 gross tons as measured under section
        14302 of title 46 or, for vessels not measured under that
        section, as measured under section 14502 of that title;
          (B) is not a tank vessel;
          (C) carries oil of any kind as fuel for main propulsion; and
          (D) operates on the navigable waters of the United States, as
        defined in section 2101(17a) of that title.
    (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
      (1) The Congress hereby declares that it is the policy of the
    United States that there should be no discharges of oil or
    hazardous substances into or upon the navigable waters of the
    United States, adjoining shorelines, or into or upon the waters of
    the contiguous zone, or in connection with activities under the
    Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] or the
    Deepwater Port Act of 1974 [33 U.S.C. 1501 et seq.], or which may
    affect natural resources belonging to, appertaining to, or under
    the exclusive management authority of the United States (including
    resources under the Magnuson-Stevens Fishery Conservation and
    Management Act [16 U.S.C. 1801 et seq.]).
      (2)(A) The Administrator shall develop, promulgate, and revise as
    may be appropriate, regulations designating as hazardous
    substances, other than oil as defined in this section, such
    elements and compounds which, when discharged in any quantity into
    or upon the navigable waters of the United States or adjoining
    shorelines or the waters of the contiguous zone or in connection
    with activities under the Outer Continental Shelf Lands Act [43
    U.S.C. 1331 et seq.] or the Deepwater Port Act of 1974 [33 U.S.C.
    1501 et seq.], or which may affect natural resources belonging to,
    appertaining to, or under the exclusive management authority of the
    United States (including resources under the Magnuson-Stevens
    Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.]),
    present an imminent and substantial danger to the public health or
    welfare, including, but not limited to, fish, shellfish, wildlife,
    shorelines, and beaches.
      (B) The Administrator shall within 18 months after the date of
    enactment of this paragraph, conduct a study and report to the
    Congress on methods, mechanisms, and procedures to create
    incentives to achieve a higher standard of care in all aspects of
    the management and movement of hazardous substances on the part of
    owners, operators, or persons in charge of onshore facilities,
    offshore facilities, or vessels. The Administrator shall include in
    such study (1) limits of liability, (2) liability for third party
    damages, (3) penalties and fees, (4) spill prevention plans, (5)
    current practices in the insurance and banking industries, and (6)
    whether the penalty enacted in subclause (bb) of clause (iii) of
    subparagraph (B) of subsection (b)(2) of section 311 of Public Law
    92-500 should be enacted.
      (3) The discharge of oil or hazardous substances (i) into or upon
    the navigable waters of the United States, adjoining shorelines, or
    into or upon the waters of the contiguous zone, or (ii) in
    connection with activities under the Outer Continental Shelf Lands
    Act [43 U.S.C. 1331 et seq.] or the Deepwater Port Act of 1974 [33
    U.S.C. 1501 et seq.], or which may affect natural resources
    belonging to, appertaining to, or under the exclusive management
    authority of the United States (including resources under the
    Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C.
    1801 et seq.]), in such quantities as may be harmful as determined
    by the President under paragraph (4) of this subsection, is
    prohibited, except (A) in the case of such discharges into the
    waters of the contiguous zone or which may affect natural resources
    belonging to, appertaining to, or under the exclusive management
    authority of the United States (including resources under the
    Magnuson-Stevens Fishery Conservation and Management Act), where
    permitted under the Protocol of 1978 Relating to the International
    Convention for the Prevention of Pollution from Ships, 1973, and
    (B) where permitted in quantities and at times and locations or
    under such circumstances or conditions as the President may, by
    regulation, determine not to be harmful. Any regulations issued
    under this subsection shall be consistent with maritime safety and
    with marine and navigation laws and regulations and applicable
    water quality standards.
      (4) The President shall by regulation determine for the purposes
    of this section those quantities of oil and any hazardous
    substances the discharge of which may be harmful to the public
    health or welfare or the environment of the United States,
    including but not limited to fish, shellfish, wildlife, and public
    and private property, shorelines, and beaches.
      (5) Any person in charge of a vessel or of an onshore facility or
    an offshore facility shall, as soon as he has knowledge of any
    discharge of oil or a hazardous substance from such vessel or
    facility in violation of paragraph (3) of this subsection,
    immediately notify the appropriate agency of the United States
    Government of such discharge. The Federal agency shall immediately
    notify the appropriate State agency of any State which is, or may
    reasonably be expected to be, affected by the discharge of oil or a
    hazardous substance. Any such person (A) in charge of a vessel from
    which oil or a hazardous substance is discharged in violation of
    paragraph (3)(i) of this subsection, or (B) in charge of a vessel
    from which oil or a hazardous substance is discharged in violation
    of paragraph (3)(ii) of this subsection and who is otherwise
    subject to the jurisdiction of the United States at the time of the
    discharge, or (C) in charge of an onshore facility or an offshore
    facility, who fails to notify immediately such agency of such
    discharge shall, upon conviction, be fined in accordance with title
    18, or imprisoned for not more than 5 years, or both. Notification
    received pursuant to this paragraph shall not be used against any
    such natural person in any criminal case, except a prosecution for
    perjury or for giving a false statement.
      (6) Administrative penalties. -
        (A) Violations. - Any owner, operator, or person in charge of
      any vessel, onshore facility, or offshore facility -
          (i) from which oil or a hazardous substance is discharged in
        violation of paragraph (3), or
          (ii) who fails or refuses to comply with any regulation
        issued under subsection (j) of this section to which that
        owner, operator, or person in charge is subject,
      may be assessed a class I or class II civil penalty by the
      Secretary of the department in which the Coast Guard is operating
      or the Administrator.
        (B) Classes of penalties. -
          (i) Class i. - The amount of a class I civil penalty under
        subparagraph (A) may not exceed $10,000 per violation, except
        that the maximum amount of any class I civil penalty under this
        subparagraph shall not exceed $25,000. Before assessing a civil
        penalty under this clause, the Administrator or Secretary, as
        the case may be, shall give to the person to be assessed such
        penalty written notice of the Administrator's or Secretary's
        proposal to assess the penalty and the opportunity to request,
        within 30 days of the date the notice is received by such
        person, a hearing on the proposed penalty. Such hearing shall
        not be subject to section 554 or 556 of title 5, but shall
        provide a reasonable opportunity to be heard and to present
        evidence.
          (ii) Class ii. - The amount of a class II civil penalty under
        subparagraph (A) may not exceed $10,000 per day for each day
        during which the violation continues; except that the maximum
        amount of any class II civil penalty under this subparagraph
        shall not exceed $125,000. Except as otherwise provided in this
        subsection, a class II civil penalty shall be assessed and
        collected in the same manner, and subject to the same
        provisions, as in the case of civil penalties assessed and
        collected after notice and opportunity for a hearing on the
        record in accordance with section 554 of title 5. The
        Administrator and Secretary may issue rules for discovery
        procedures for hearings under this paragraph.
        (C) Rights of interested persons. -
          (i) Public notice. - Before issuing an order assessing a
        class II civil penalty under this paragraph the Administrator
        or Secretary, as the case may be, shall provide public notice
        of and reasonable opportunity to comment on the proposed
        issuance of such order.
          (ii) Presentation of evidence. - Any person who comments on a
        proposed assessment of a class II civil penalty under this
        paragraph shall be given notice of any hearing held under this
        paragraph and of the order assessing such penalty. In any
        hearing held under this paragraph, such person shall have a
        reasonable opportunity to be heard and to present evidence.
          (iii) Rights of interested persons to a hearing. - If no
        hearing is held under subparagraph (B) before issuance of an
        order assessing a class II civil penalty under this paragraph,
        any person who commented on the proposed assessment may
        petition, within 30 days after the issuance of such order, the
        Administrator or Secretary, as the case may be, to set aside
        such order and to provide a hearing on the penalty. If the
        evidence presented by the petitioner in support of the petition
        is material and was not considered in the issuance of the
        order, the Administrator or Secretary shall immediately set
        aside such order and provide a hearing in accordance with
        subparagraph (B)(ii). If the Administrator or Secretary denies
        a hearing under this clause, the Administrator or Secretary
        shall provide to the petitioner, and publish in the Federal
        Register, notice of and the reasons for such denial.
        (D) Finality of order. - An order assessing a class II civil
      penalty under this paragraph shall become final 30 days after its
      issuance unless a petition for judicial review is filed under
      subparagraph (G) or a hearing is requested under subparagraph
      (C)(iii). If such a hearing is denied, such order shall become
      final 30 days after such denial.
        (E) Effect of order. - Action taken by the Administrator or
      Secretary, as the case may be, under this paragraph shall not
      affect or limit the Administrator's or Secretary's authority to
      enforce any provision of this chapter; except that any violation -
          (i) with respect to which the Administrator or Secretary has
        commenced and is diligently prosecuting an action to assess a
        class II civil penalty under this paragraph, or
          (ii) for which the Administrator or Secretary has issued a
        final order assessing a class II civil penalty not subject to
        further judicial review and the violator has paid a penalty
        assessed under this paragraph,
      shall not be the subject of a civil penalty action under section
      1319(d), 1319(g), or 1365 of this title or under paragraph (7).
        (F) Effect of action on compliance. - No action by the
      Administrator or Secretary under this paragraph shall affect any
      person's obligation to comply with any section of this chapter.
        (G) Judicial review. - Any person against whom a civil penalty
      is assessed under this paragraph or who commented on the proposed
      assessment of such penalty in accordance with subparagraph (C)
      may obtain review of such assessment -
          (i) in the case of assessment of a class I civil penalty, in
        the United States District Court for the District of Columbia
        or in the district in which the violation is alleged to have
        occurred, or
          (ii) in the case of assessment of a class II civil penalty,
        in United States Court of Appeals for the District of Columbia
        Circuit or for any other circuit in which such person resides
        or transacts business,
      by filing a notice of appeal in such court within the 30-day
      period beginning on the date the civil penalty order is issued
      and by simultaneously sending a copy of such notice by certified
      mail to the Administrator or Secretary, as the case may be, and
      the Attorney General. The Administrator or Secretary shall
      promptly file in such court a certified copy of the record on
      which the order was issued. Such court shall not set aside or
      remand such order unless there is not substantial evidence in the
      record, taken as a whole, to support the finding of a violation
      or unless the Administrator's or Secretary's assessment of the
      penalty constitutes an abuse of discretion and shall not impose
      additional civil penalties for the same violation unless the
      Administrator's or Secretary's assessment of the penalty
      constitutes an abuse of discretion.
        (H) Collection. - If any person fails to pay an assessment of a
      civil penalty -
          (i) after the assessment has become final, or
          (ii) after a court in an action brought under subparagraph
        (G) has entered a final judgment in favor of the Administrator
        or Secretary, as the case may be,
      the Administrator or Secretary shall request the Attorney General
      to bring a civil action in an appropriate district court to
      recover the amount assessed (plus interest at currently
      prevailing rates from the date of the final order or the date of
      the final judgment, as the case may be). In such an action, the
      validity, amount, and appropriateness of such penalty shall not
      be subject to review. Any person who fails to pay on a timely
      basis the amount of an assessment of a civil penalty as described
      in the first sentence of this subparagraph shall be required to
      pay, in addition to such amount and interest, attorneys fees and
      costs for collection proceedings and a quarterly nonpayment
      penalty for each quarter during which such failure to pay
      persists. Such nonpayment penalty shall be in an amount equal to
      20 percent of the aggregate amount of such person's penalties and
      nonpayment penalties which are unpaid as of the beginning of such
      quarter.
        (I) Subpoenas. - The Administrator or Secretary, as the case
      may be, may issue subpoenas for the attendance and testimony of
      witnesses and the production of relevant papers, books, or
      documents in connection with hearings under this paragraph. In
      case of contumacy or refusal to obey a subpoena issued pursuant
      to this subparagraph and served upon any person, the district
      court of the United States for any district in which such person
      is found, resides, or transacts business, upon application by the
      United States and after notice to such person, shall have
      jurisdiction to issue an order requiring such person to appear
      and give testimony before the administrative law judge or to
      appear and produce documents before the administrative law judge,
      or both, and any failure to obey such order of the court may be
      punished by such court as a contempt thereof.
      (7) Civil penalty action. -
        (A) Discharge, generally. - Any person who is the owner,
      operator, or person in charge of any vessel, onshore facility, or
      offshore facility from which oil or a hazardous substance is
      discharged in violation of paragraph (3), shall be subject to a
      civil penalty in an amount up to $25,000 per day of violation or
      an amount up to $1,000 per barrel of oil or unit of reportable
      quantity of hazardous substances discharged.
        (B) Failure to remove or comply. - Any person described in
      subparagraph (A) who, without sufficient cause -
          (i) fails to properly carry out removal of the discharge
        under an order of the President pursuant to subsection (c) of
        this section; or
          (ii) fails to comply with an order pursuant to subsection
        (e)(1)(B) of this section;
      shall be subject to a civil penalty in an amount up to $25,000
      per day of violation or an amount up to 3 times the costs
      incurred by the Oil Spill Liability Trust Fund as a result of
      such failure.
        (C) Failure to comply with regulation. - Any person who fails
      or refuses to comply with any regulation issued under subsection
      (j) of this section shall be subject to a civil penalty in an
      amount up to $25,000 per day of violation.
        (D) Gross negligence. - In any case in which a violation of
      paragraph (3) was the result of gross negligence or willful
      misconduct of a person described in subparagraph (A), the person
      shall be subject to a civil penalty of not less than $100,000,
      and not more than $3,000 per barrel of oil or unit of reportable
      quantity of hazardous substance discharged.
        (E) Jurisdiction. - An action to impose a civil penalty under
      this paragraph may be brought in the district court of the United
      States for the district in which the defendant is located,
      resides, or is doing business, and such court shall have
      jurisdiction to assess such penalty.
        (F) Limitation. - A person is not liable for a civil penalty
      under this paragraph for a discharge if the person has been
      assessed a civil penalty under paragraph (6) for the discharge.
      (8) Determination of amount. - In determining the amount of a
    civil penalty under paragraphs (6) and (7), the Administrator,
    Secretary, or the court, as the case may be, shall consider the
    seriousness of the violation or violations, the economic benefit to
    the violator, if any, resulting from the violation, the degree of
    culpability involved, any other penalty for the same incident, any
    history of prior violations, the nature, extent, and degree of
    success of any efforts of the violator to minimize or mitigate the
    effects of the discharge, the economic impact of the penalty on the
    violator, and any other matters as justice may require.
      (9) Mitigation of damage. - In addition to establishing a penalty
    for the discharge of oil or a hazardous substance, the
    Administrator or the Secretary of the department in which the Coast
    Guard is operating may act to mitigate the damage to the public
    health or welfare caused by such discharge. The cost of such
    mitigation shall be deemed a cost incurred under subsection (c) of
    this section for the removal of such substance by the United States
    Government.
      (10) Recovery of removal costs. - Any costs of removal incurred
    in connection with a discharge excluded by subsection (a)(2)(C) of
    this section shall be recoverable from the owner or operator of the
    source of the discharge in an action brought under section 1319(b)
    of this title.
      (11) Limitation. - Civil penalties shall not be assessed under
    both this section and section 1319 of this title for the same
    discharge.
      (12) Withholding clearance. - If any owner, operator, or person
    in charge of a vessel is liable for a civil penalty under this
    subsection, or if reasonable cause exists to believe that the
    owner, operator, or person in charge may be subject to a civil
    penalty under this subsection, the Secretary of the Treasury, upon
    the request of the Secretary of the department in which the Coast
    Guard is operating or the Administrator, shall with respect to such
    vessel refuse or revoke -
        (A) the clearance required by section 60105 of title 46;
        (B) a permit to proceed under section 4367 of the Revised
      Statutes of the United States (46 U.S.C. App. 313); (!2) and
        (C) a permit to depart required under section 1443 (!2) of
      title 19;
    as applicable. Clearance or a permit refused or revoked under this
    paragraph may be granted upon the filing of a bond or other surety
    satisfactory to the Secretary of the department in which the Coast
    Guard is operating or the Administrator.
    (c) Federal removal authority
      (1) General removal requirement
        (A) The President shall, in accordance with the National
      Contingency Plan and any appropriate Area Contingency Plan,
      ensure effective and immediate removal of a discharge, and
      mitigation or prevention of a substantial threat of a discharge,
      of oil or a hazardous substance -
          (i) into or on the navigable waters;
          (ii) on the adjoining shorelines to the navigable waters;
          (iii) into or on the waters of the exclusive economic zone;
        or
          (iv) that may affect natural resources belonging to,
        appertaining to, or under the exclusive management authority of
        the United States.
        (B) In carrying out this paragraph, the President may -
          (i) remove or arrange for the removal of a discharge, and
        mitigate or prevent a substantial threat of a discharge, at any
        time;
          (ii) direct or monitor all Federal, State, and private
        actions to remove a discharge; and
          (iii) remove and, if necessary, destroy a vessel discharging,
        or threatening to discharge, by whatever means are available.
      (2) Discharge posing substantial threat to public health or
        welfare
        (A) If a discharge, or a substantial threat of a discharge, of
      oil or a hazardous substance from a vessel, offshore facility, or
      onshore facility is of such a size or character as to be a
      substantial threat to the public health or welfare of the United
      States (including but not limited to fish, shellfish, wildlife,
      other natural resources, and the public and private beaches and
      shorelines of the United States), the President shall direct all
      Federal, State, and private actions to remove the discharge or to
      mitigate or prevent the threat of the discharge.
        (B) In carrying out this paragraph, the President may, without
      regard to any other provision of law governing contracting
      procedures or employment of personnel by the Federal Government -
          (i) remove or arrange for the removal of the discharge, or
        mitigate or prevent the substantial threat of the discharge;
        and
          (ii) remove and, if necessary, destroy a vessel discharging,
        or threatening to discharge, by whatever means are available.
      (3) Actions in accordance with National Contingency Plan
        (A) Each Federal agency, State, owner or operator, or other
      person participating in efforts under this subsection shall act
      in accordance with the National Contingency Plan or as directed
      by the President.
        (B) An owner or operator participating in efforts under this
      subsection shall act in accordance with the National Contingency
      Plan and the applicable response plan required under subsection
      (j) of this section, or as directed by the President, except that
      the owner or operator may deviate from the applicable response
      plan if the President or the Federal On-Scene Coordinator
      determines that deviation from the response plan would provide
      for a more expeditious or effective response to the spill or
      mitigation of its environmental effects.
      (4) Exemption from liability
        (A) A person is not liable for removal costs or damages which
      result from actions taken or omitted to be taken in the course of
      rendering care, assistance, or advice consistent with the
      National Contingency Plan or as otherwise directed by the
      President relating to a discharge or a substantial threat of a
      discharge of oil or a hazardous substance.
        (B) Subparagraph (A) does not apply -
          (i) to a responsible party;
          (ii) to a response under the Comprehensive Environmental
        Response, Compensation, and Liability Act of 1980 (42 U.S.C.
        9601 et seq.);
          (iii) with respect to personal injury or wrongful death; or
          (iv) if the person is grossly negligent or engages in willful
        misconduct.
        (C) A responsible party is liable for any removal costs and
      damages that another person is relieved of under subparagraph
      (A).
      (5) Obligation and liability of owner or operator not affected
        Nothing in this subsection affects -
          (A) the obligation of an owner or operator to respond
        immediately to a discharge, or the threat of a discharge, of
        oil; or
          (B) the liability of a responsible party under the Oil
        Pollution Act of 1990 [33 U.S.C. 2701 et seq.].
      (6) "Responsible party" defined
        For purposes of this subsection, the term "responsible party"
      has the meaning given that term under section 1001 of the Oil
      Pollution Act of 1990 [33 U.S.C. 2701].
    (d) National Contingency Plan
      (1) Preparation by President
        The President shall prepare and publish a National Contingency
      Plan for removal of oil and hazardous substances pursuant to this
      section.
      (2) Contents
        The National Contingency Plan shall provide for efficient,
      coordinated, and effective action to minimize damage from oil and
      hazardous substance discharges, including containment, dispersal,
      and removal of oil and hazardous substances, and shall include,
      but not be limited to, the following:
          (A) Assignment of duties and responsibilities among Federal
        departments and agencies in coordination with State and local
        agencies and port authorities including, but not limited to,
        water pollution control and conservation and trusteeship of
        natural resources (including conservation of fish and
        wildlife).
          (B) Identification, procurement, maintenance, and storage of
        equipment and supplies.
          (C) Establishment or designation of Coast Guard strike teams,
        consisting of -
            (i) personnel who shall be trained, prepared, and available
          to provide necessary services to carry out the National
          Contingency Plan;
            (ii) adequate oil and hazardous substance pollution control
          equipment and material; and
            (iii) a detailed oil and hazardous substance pollution and
          prevention plan, including measures to protect fisheries and
          wildlife.
          (D) A system of surveillance and notice designed to safeguard
        against as well as ensure earliest possible notice of
        discharges of oil and hazardous substances and imminent threats
        of such discharges to the appropriate State and Federal
        agencies.
          (E) Establishment of a national center to provide
        coordination and direction for operations in carrying out the
        Plan.
          (F) Procedures and techniques to be employed in identifying,
        containing, dispersing, and removing oil and hazardous
        substances.
          (G) A schedule, prepared in cooperation with the States,
        identifying -
            (i) dispersants, other chemicals, and other spill
          mitigating devices and substances, if any, that may be used
          in carrying out the Plan,
            (ii) the waters in which such dispersants, other chemicals,
          and other spill mitigating devices and substances may be
          used, and
            (iii) the quantities of such dispersant, other chemicals,
          or other spill mitigating device or substance which can be
          used safely in such waters,
        which schedule shall provide in the case of any dispersant,
        chemical, spill mitigating device or substance, or waters not
        specifically identified in such schedule that the President, or
        his delegate, may, on a case-by-case basis, identify the
        dispersants, other chemicals, and other spill mitigating
        devices and substances which may be used, the waters in which
        they may be used, and the quantities which can be used safely
        in such waters.
          (H) A system whereby the State or States affected by a
        discharge of oil or hazardous substance may act where necessary
        to remove such discharge and such State or States may be
        reimbursed in accordance with the Oil Pollution Act of 1990 [33
        U.S.C. 2701 et seq.], in the case of any discharge of oil from
        a vessel or facility, for the reasonable costs incurred for
        that removal, from the Oil Spill Liability Trust Fund.
          (I) Establishment of criteria and procedures to ensure
        immediate and effective Federal identification of, and response
        to, a discharge, or the threat of a discharge, that results in
        a substantial threat to the public health or welfare of the
        United States, as required under subsection (c)(2) of this
        section.
          (J) Establishment of procedures and standards for removing a
        worst case discharge of oil, and for mitigating or preventing a
        substantial threat of such a discharge.
          (K) Designation of the Federal official who shall be the
        Federal On-Scene Coordinator for each area for which an Area
        Contingency Plan is required to be prepared under subsection
        (j) of this section.
          (L) Establishment of procedures for the coordination of
        activities of -
            (i) Coast Guard strike teams established under subparagraph
          (C);
            (ii) Federal On-Scene Coordinators designated under
          subparagraph (K);
            (iii) District Response Groups established under subsection
          (j) of this section; and
            (iv) Area Committees established under subsection (j) of
          this section.
          (M) A fish and wildlife response plan, developed in
        consultation with the United States Fish and Wildlife Service,
        the National Oceanic and Atmospheric Administration, and other
        interested parties (including State fish and wildlife
        conservation officials), for the immediate and effective
        protection, rescue, and rehabilitation of, and the minimization
        of risk of damage to, fish and wildlife resources and their
        habitat that are harmed or that may be jeopardized by a
        discharge.
      (3) Revisions and amendments
        The President may, from time to time, as the President deems
      advisable, revise or otherwise amend the National Contingency
      Plan.
      (4) Actions in accordance with National Contingency Plan
        After publication of the National Contingency Plan, the removal
      of oil and hazardous substances and actions to minimize damage
      from oil and hazardous substance discharges shall, to the
      greatest extent possible, be in accordance with the National
      Contingency Plan.
    (e) Civil enforcement
      (1) Orders protecting public health
        In addition to any action taken by a State or local government,
      when the President determines that there may be an imminent and
      substantial threat to the public health or welfare of the United
      States, including fish, shellfish, and wildlife, public and
      private property, shorelines, beaches, habitat, and other living
      and nonliving natural resources under the jurisdiction or control
      of the United States, because of an actual or threatened
      discharge of oil or a hazardous substance from a vessel or
      facility in violation of subsection (b) of this section, the
      President may -
          (A) require the Attorney General to secure any relief from
        any person, including the owner or operator of the vessel or
        facility, as may be necessary to abate such endangerment; or
          (B) after notice to the affected State, take any other action
        under this section, including issuing administrative orders,
        that may be necessary to protect the public health and welfare.
      (2) Jurisdiction of district courts
        The district courts of the United States shall have
      jurisdiction to grant any relief under this subsection that the
      public interest and the equities of the case may require.
    (f) Liability for actual costs of removal
      (1) Except where an owner or operator can prove that a discharge
    was caused solely by (A) an act of God, (B) an act of war, (C)
    negligence on the part of the United States Government, or (D) an
    act or omission of a third party without regard to whether any such
    act or omission was or was not negligent, or any combination of the
    foregoing clauses, such owner or operator of any vessel from which
    oil or a hazardous substance is discharged in violation of
    subsection (b)(3) of this section shall, notwithstanding any other
    provision of law, be liable to the United States Government for the
    actual costs incurred under subsection (c) of this section for the
    removal of such oil or substance by the United States Government in
    an amount not to exceed, in the case of an inland oil barge $125
    per gross ton of such barge, or $125,000, whichever is greater, and
    in the case of any other vessel, $150 per gross ton of such vessel
    (or, for a vessel carrying oil or hazardous substances as cargo,
    $250,000), whichever is greater, except that where the United
    States can show that such discharge was the result of willful
    negligence or willful misconduct within the privity and knowledge
    of the owner, such owner or operator shall be liable to the United
    States Government for the full amount of such costs. Such costs
    shall constitute a maritime lien on such vessel which may be
    recovered in an action in rem in the district court of the United
    States for any district within which any vessel may be found. The
    United States may also bring an action against the owner or
    operator of such vessel in any court of competent jurisdiction to
    recover such costs.
      (2) Except where an owner or operator of an onshore facility can
    prove that a discharge was caused solely by (A) an act of God, (B)
    an act of war, (C) negligence on the part of the United States
    Government, or (D) an act or omission of a third party without
    regard to whether any such act or omission was or was not
    negligent, or any combination of the foregoing clauses, such owner
    or operator of any such facility from which oil or a hazardous
    substance is discharged in violation of subsection (b)(3) of this
    section shall be liable to the United States Government for the
    actual costs incurred under subsection (c) of this section for the
    removal of such oil or substance by the United States Government in
    an amount not to exceed $50,000,000, except that where the United
    States can show that such discharge was the result of willful
    negligence or willful misconduct within the privity and knowledge
    of the owner, such owner or operator shall be liable to the United
    States Government for the full amount of such costs. The United
    States may bring an action against the owner or operator of such
    facility in any court of competent jurisdiction to recover such
    costs. The Administrator is authorized, by regulation, after
    consultation with the Secretary of Commerce and the Small Business
    Administration, to establish reasonable and equitable
    classifications of those onshore facilities having a total fixed
    storage capacity of 1,000 barrels or less which he determines
    because of size, type, and location do not present a substantial
    risk of the discharge of oil or a hazardous substance in violation
    of subsection (b)(3) of this section, and apply with respect to
    such classifications differing limits of liability which may be
    less than the amount contained in this paragraph.
      (3) Except where an owner or operator of an offshore facility can
    prove that a discharge was caused solely by (A) an act of God, (B)
    an act of war, (C) negligence on the part of the United States
    Government, or (D) an act or omission of a third party without
    regard to whether any such act or omission was or was not
    negligent, or any combination of the foregoing clauses, such owner
    or operator of any such facility from which oil or a hazardous
    substance is discharged in violation of subsection (b)(3) of this
    section shall, notwithstanding any other provision of law, be
    liable to the United States Government for the actual costs
    incurred under subsection (c) of this section for the removal of
    such oil or substance by the United States Government in an amount
    not to exceed $50,000,000, except that where the United States can
    show that such discharge was the result of willful negligence or
    willful misconduct within the privity and knowledge of the owner,
    such owner or operator shall be liable to the United States
    Government for the full amount of such costs. The United States may
    bring an action against the owner or operator of such a facility in
    any court of competent jurisdiction to recover such costs.
      (4) The costs of removal of oil or a hazardous substance for
    which the owner or operator of a vessel or onshore or offshore
    facility is liable under subsection (f) of this section shall
    include any costs or expenses incurred by the Federal Government or
    any State government in the restoration or replacement of natural
    resources damaged or destroyed as a result of a discharge of oil or
    a hazardous substance in violation of subsection (b) of this
    section.
      (5) The President, or the authorized representative of any State,
    shall act on behalf of the public as trustee of the natural
    resources to recover for the costs of replacing or restoring such
    resources. Sums recovered shall be used to restore, rehabilitate,
    or acquire the equivalent of such natural resources by the
    appropriate agencies of the Federal Government, or the State
    government.
    (g) Third party liability
      Where the owner or operator of a vessel (other than an inland oil
    barge) carrying oil or hazardous substances as cargo or an onshore
    or offshore facility which handles or stores oil or hazardous
    substances in bulk, from which oil or a hazardous substance is
    discharged in violation of subsection (b) of this section, alleges
    that such discharge was caused solely by an act or omission of a
    third party, such owner or operator shall pay to the United States
    Government the actual costs incurred under subsection (c) of this
    section for removal of such oil or substance and shall be entitled
    by subrogation to all rights of the United States Government to
    recover such costs from such third party under this subsection. In
    any case where an owner or operator of a vessel, of an onshore
    facility, or of an offshore facility, from which oil or a hazardous
    substance is discharged in violation of subsection (b)(3) of this
    section, proves that such discharge of oil or hazardous substance
    was caused solely by an act or omission of a third party, or was
    caused solely by such an act or omission in combination with an act
    of God, an act of war, or negligence on the part of the United
    States Government, such third party shall, notwithstanding any
    other provision of law, be liable to the United States Government
    for the actual costs incurred under subsection (c) of this section
    for removal of such oil or substance by the United States
    Government, except where such third party can prove that such
    discharge was caused solely by (A) an act of God, (B) an act of
    war, (C) negligence on the part of the United States Government, or
    (D) an act or omission of another party without regard to whether
    such act or omission was or was not negligent, or any combination
    of the foregoing clauses. If such third party was the owner or
    operator of a vessel which caused the discharge of oil or a
    hazardous substance in violation of subsection (b)(3) of this
    section, the liability of such third party under this subsection
    shall not exceed, in the case of an inland oil barge $125 per gross
    ton of such barge, or $125,000, whichever is greater, and in the
    case of any other vessel, $150 per gross ton of such vessel (or,
    for a vessel carrying oil or hazardous substances as cargo,
    $250,000), whichever is greater. In any other case the liability of
    such third party shall not exceed the limitation which would have
    been applicable to the owner or operator of the vessel or the
    onshore or offshore facility from which the discharge actually
    occurred if such owner or operator were liable. If the United
    States can show that the discharge of oil or a hazardous substance
    in violation of subsection (b)(3) of this section was the result of
    willful negligence or willful misconduct within the privity and
    knowledge of such third party, such third party shall be liable to
    the United States Government for the full amount of such removal
    costs. The United States may bring an action against the third
    party in any court of competent jurisdiction to recover such
    removal costs.
    (h) Rights against third parties who caused or contributed to
      discharge
      The liabilities established by this section shall in no way
    affect any rights which (1) the owner or operator of a vessel or of
    an onshore facility or an offshore facility may have against any
    third party whose acts may in any way have caused or contributed to
    such discharge, or (2) the United States Government may have
    against any third party whose actions may in any way have caused or
    contributed to the discharge of oil or hazardous substance.
    (i) Recovery of removal costs
      In any case where an owner or operator of a vessel or an onshore
    facility or an offshore facility from which oil or a hazardous
    substance is discharged in violation of subsection (b)(3) of this
    section acts to remove such oil or substance in accordance with
    regulations promulgated pursuant to this section, such owner or
    operator shall be entitled to recover the reasonable costs incurred
    in such removal upon establishing, in a suit which may be brought
    against the United States Government in the United States Court of
    Federal Claims, that such discharge was caused solely by (A) an act
    of God, (B) an act of war, (C) negligence on the part of the United
    States Government, or (D) an act or omission of a third party
    without regard to whether such act or omission was or was not
    negligent, or of any combination of the foregoing causes.
    (j) National Response System
      (1) In general
        Consistent with the National Contingency Plan required by
      subsection (c)(2) of this section, as soon as practicable after
      October 18, 1972, and from time to time thereafter, the President
      shall issue regulations consistent with maritime safety and with
      marine and navigation laws (A) establishing methods and
      procedures for removal of discharged oil and hazardous
      substances, (B) establishing criteria for the development and
      implementation of local and regional oil and hazardous substance
      removal contingency plans, (C) establishing procedures, methods,
      and equipment and other requirements for equipment to prevent
      discharges of oil and hazardous substances from vessels and from
      onshore facilities and offshore facilities, and to contain such
      discharges, and (D) governing the inspection of vessels carrying
      cargoes of oil and hazardous substances and the inspection of
      such cargoes in order to reduce the likelihood of discharges of
      oil from vessels in violation of this section.
      (2) National Response Unit
        The Secretary of the department in which the Coast Guard is
      operating shall establish a National Response Unit at Elizabeth
      City, North Carolina. The Secretary, acting through the National
      Response Unit -
          (A) shall compile and maintain a comprehensive computer list
        of spill removal resources, personnel, and equipment that is
        available worldwide and within the areas designated by the
        President pursuant to paragraph (4), and of information
        regarding previous spills, including data from universities,
        research institutions, State governments, and other nations, as
        appropriate, which shall be disseminated as appropriate to
        response groups and area committees, and which shall be
        available to Federal and State agencies and the public;
          (B) shall provide technical assistance, equipment, and other
        resources requested by a Federal On-Scene Coordinator;
          (C) shall coordinate use of private and public personnel and
        equipment to remove a worst case discharge, and to mitigate or
        prevent a substantial threat of such a discharge, from a
        vessel, offshore facility, or onshore facility operating in or
        near an area designated by the President pursuant to paragraph
        (4);
          (D) may provide technical assistance in the preparation of
        Area Contingency Plans required under paragraph (4);
          (E) shall administer Coast Guard strike teams established
        under the National Contingency Plan;
          (F) shall maintain on file all Area Contingency Plans
        approved by the President under this subsection; and
          (G) shall review each of those plans that affects its
        responsibilities under this subsection.
      (3) Coast Guard District Response Groups
        (A) The Secretary of the department in which the Coast Guard is
      operating shall establish in each Coast Guard district a Coast
      Guard District Response Group.
        (B) Each Coast Guard District Response Group shall consist of -
          (i) the Coast Guard personnel and equipment, including
        firefighting equipment, of each port within the district;
          (ii) additional prepositioned equipment; and
          (iii) a district response advisory staff.
        (C) Coast Guard district response groups -
          (i) shall provide technical assistance, equipment, and other
        resources when required by a Federal On-Scene Coordinator;
          (ii) shall maintain all Coast Guard response equipment within
        its district;
          (iii) may provide technical assistance in the preparation of
        Area Contingency Plans required under paragraph (4); and
          (iv) shall review each of those plans that affect its area of
        geographic responsibility.
      (4) Area Committees and Area Contingency Plans
        (A) There is established for each area designated by the
      President an Area Committee comprised of members appointed by the
      President from qualified personnel of Federal, State, and local
      agencies.
        (B) Each Area Committee, under the direction of the Federal On-
      Scene Coordinator for its area, shall -
          (i) prepare for its area the Area Contingency Plan required
        under subparagraph (C);
          (ii) work with State and local officials to enhance the
        contingency planning of those officials and to assure
        preplanning of joint response efforts, including appropriate
        procedures for mechanical recovery, dispersal, shoreline
        cleanup, protection of sensitive environmental areas, and
        protection, rescue, and rehabilitation of fisheries and
        wildlife; and
          (iii) work with State and local officials to expedite
        decisions for the use of dispersants and other mitigating
        substances and devices.
        (C) Each Area Committee shall prepare and submit to the
      President for approval an Area Contingency Plan for its area. The
      Area Contingency Plan shall -
          (i) when implemented in conjunction with the National
        Contingency Plan, be adequate to remove a worst case discharge,
        and to mitigate or prevent a substantial threat of such a
        discharge, from a vessel, offshore facility, or onshore
        facility operating in or near the area;
          (ii) describe the area covered by the plan, including the
        areas of special economic or environmental importance that
        might be damaged by a discharge;
          (iii) describe in detail the responsibilities of an owner or
        operator and of Federal, State, and local agencies in removing
        a discharge, and in mitigating or preventing a substantial
        threat of a discharge;
          (iv) list the equipment (including firefighting equipment),
        dispersants or other mitigating substances and devices, and
        personnel available to an owner or operator and Federal, State,
        and local agencies, to ensure an effective and immediate
        removal of a discharge, and to ensure mitigation or prevention
        of a substantial threat of a discharge;
          (v) compile a list of local scientists, both inside and
        outside Federal Government service, with expertise in the
        environmental effects of spills of the types of oil typically
        transported in the area, who may be contacted to provide
        information or, where appropriate, participate in meetings of
        the scientific support team convened in response to a spill,
        and describe the procedures to be followed for obtaining an
        expedited decision regarding the use of dispersants;
          (vi) describe in detail how the plan is integrated into other
        Area Contingency Plans and vessel, offshore facility, and
        onshore facility response plans approved under this subsection,
        and into operating procedures of the National Response Unit;
          (vii) include any other information the President requires;
        and
          (viii) be updated periodically by the Area Committee.
        (D) The President shall -
          (i) review and approve Area Contingency Plans under this
        paragraph; and
          (ii) periodically review Area Contingency Plans so approved.
      (5) Tank vessel, nontank vessel, and facility response plans
        (A)(i) The President shall issue regulations which require an
      owner or operator of a tank vessel or facility described in
      subparagraph (C) to prepare and submit to the President a plan
      for responding, to the maximum extent practicable, to a worst
      case discharge, and to a substantial threat of such a discharge,
      of oil or a hazardous substance.
        (ii) The President shall also issue regulations which require
      an owner or operator of a nontank vessel to prepare and submit to
      the President a plan for responding, to the maximum extent
      practicable, to a worst case discharge, and to a substantial
      threat of such a discharge, of oil.
        (B) The Secretary of the Department in which the Coast Guard is
      operating may issue regulations which require an owner or
      operator of a tank vessel, a nontank vessel, or a facility
      described in subparagraph (C) that transfers noxious liquid
      substances in bulk to or from a vessel to prepare and submit to
      the Secretary a plan for responding, to the maximum extent
      practicable, to a worst case discharge, and to a substantial
      threat of such a discharge, of a noxious liquid substance that is
      not designated as a hazardous substance or regulated as oil in
      any other law or regulation. For purposes of this paragraph, the
      term "noxious liquid substance" has the same meaning when that
      term is used in the MARPOL Protocol described in section
      1901(a)(3) of this title.
        (C) The tank vessels, nontank vessels, and facilities referred
      to in subparagraphs (A) and (B) are the following:
          (i) A tank vessel, as defined under section 2101 of title 46.
          (ii) A nontank vessel.
          (iii) An offshore facility.
          (iv) An onshore facility that, because of its location, could
        reasonably be expected to cause substantial harm to the
        environment by discharging into or on the navigable waters,
        adjoining shorelines, or the exclusive economic zone.
        (D) A response plan required under this paragraph shall -
          (i) be consistent with the requirements of the National
        Contingency Plan and Area Contingency Plans;
          (ii) identify the qualified individual having full authority
        to implement removal actions, and require immediate
        communications between that individual and the appropriate
        Federal official and the persons providing personnel and
        equipment pursuant to clause (iii);
          (iii) identify, and ensure by contract or other means
        approved by the President the availability of, private
        personnel and equipment necessary to remove to the maximum
        extent practicable a worst case discharge (including a
        discharge resulting from fire or explosion), and to mitigate or
        prevent a substantial threat of such a discharge;
          (iv) describe the training, equipment testing, periodic
        unannounced drills, and response actions of persons on the
        vessel or at the facility, to be carried out under the plan to
        ensure the safety of the vessel or facility and to mitigate or
        prevent the discharge, or the substantial threat of a
        discharge;
          (v) be updated periodically; and
          (vi) be resubmitted for approval of each significant change.
        (E) With respect to any response plan submitted under this
      paragraph for an onshore facility that, because of its location,
      could reasonably be expected to cause significant and substantial
      harm to the environment by discharging into or on the navigable
      waters or adjoining shorelines or the exclusive economic zone,
      and with respect to each response plan submitted under this
      paragraph for a tank vessel, nontank vessel, or offshore
      facility, the President shall -
          (i) promptly review such response plan;
          (ii) require amendments to any plan that does not meet the
        requirements of this paragraph;
          (iii) approve any plan that meets the requirements of this
        paragraph;
          (iv) review each plan periodically thereafter; and
          (v) in the case of a plan for a nontank vessel, consider any
        applicable State-mandated response plan in effect on August 9,
        2004, and ensure consistency to the extent practicable.
        (F) A tank vessel, nontank vessel, offshore facility, or
      onshore facility required to prepare a response plan under this
      subsection may not handle, store, or transport oil unless -
          (i) in the case of a tank vessel, nontank vessel, offshore
        facility, or onshore facility for which a response plan is
        reviewed by the President under subparagraph (E), the plan has
        been approved by the President; and
          (ii) the vessel or facility is operating in compliance with
        the plan.
        (G) Notwithstanding subparagraph (E), the President may
      authorize a tank vessel, nontank vessel, offshore facility, or
      onshore facility to operate without a response plan approved
      under this paragraph, until not later than 2 years after the date
      of the submission to the President of a plan for the tank vessel,
      nontank vessel, or facility, if the owner or operator certifies
      that the owner or operator has ensured by contract or other means
      approved by the President the availability of private personnel
      and equipment necessary to respond, to the maximum extent
      practicable, to a worst case discharge or a substantial threat of
      such a discharge.
        (H) The owner or operator of a tank vessel, nontank vessel,
      offshore facility, or onshore facility may not claim as a defense
      to liability under title I of the Oil Pollution Act of 1990 [33
      U.S.C. 2701 et seq.] that the owner or operator was acting in
      accordance with an approved response plan.
        (I) The Secretary shall maintain, in the Vessel Identification
      System established under chapter 125 of title 46, the dates of
      approval and review of a response plan under this paragraph for
      each tank vessel and nontank vessel that is a vessel of the
      United States.
      (6) Equipment requirements and inspection
        The President may require -
          (A) periodic inspection of containment booms, skimmers,
        vessels, and other major equipment used to remove discharges;
        and
          (B) vessels operating on navigable waters and carrying oil or
        a hazardous substance in bulk as cargo, and nontank vessels
        carrying oil of any kind as fuel for main propulsion, to carry
        appropriate removal equipment that employs the best technology
        economically feasible and that is compatible with the safe
        operation of the vessel.
      (7) Area drills
        The President shall periodically conduct drills of removal
      capability, without prior notice, in areas for which Area
      Contingency Plans are required under this subsection and under
      relevant tank vessel, nontank vessel, and facility response
      plans. The drills may include participation by Federal, State,
      and local agencies, the owners and operators of vessels and
      facilities in the area, and private industry. The President may
      publish annual reports on these drills, including assessments of
      the effectiveness of the plans and a list of amendments made to
      improve plans.
      (8) United States Government not liable
        The United States Government is not liable for any damages
      arising from its actions or omissions relating to any response
      plan required by this section.
    (k) Repealed. Pub. L. 101-380, title II, Sec. 2002(b)(2), Aug. 18,
      1990, 104 Stat. 507
    (l) Administration
      The President is authorized to delegate the administration of
    this section to the heads of those Federal departments, agencies,
    and instrumentalities which he determines to be appropriate. Each
    such department, agency, and instrumentality, in order to avoid
    duplication of effort, shall, whenever appropriate, utilize the
    personnel, services, and facilities of other Federal departments,
    agencies, and instrumentalities.
    (m) Administrative provisions
      (1) For vessels
        Anyone authorized by the President to enforce the provisions of
      this section with respect to any vessel may, except as to public
      vessels -
          (A) board and inspect any vessel upon the navigable waters of
        the United States or the waters of the contiguous zone,
          (B) with or without a warrant, arrest any person who in the
        presence or view of the authorized person violates the
        provisions of this section or any regulation issued thereunder,
        and
          (C) execute any warrant or other process issued by an officer
        or court of competent jurisdiction.
      (2) For facilities
        (A) Recordkeeping
          Whenever required to carry out the purposes of this section,
        the Administrator or the Secretary of the Department in which
        the Coast Guard is operating shall require the owner or
        operator of a facility to which this section applies to
        establish and maintain such records, make such reports,
        install, use, and maintain such monitoring equipment and
        methods, and provide such other information as the
        Administrator or Secretary, as the case may be, may require to
        carry out the objectives of this section.
        (B) Entry and inspection
          Whenever required to carry out the purposes of this section,
        the Administrator or the Secretary of the Department in which
        the Coast Guard is operating or an authorized representative of
        the Administrator or Secretary, upon presentation of
        appropriate credentials, may -
            (i) enter and inspect any facility to which this section
          applies, including any facility at which any records are
          required to be maintained under subparagraph (A); and
            (ii) at reasonable times, have access to and copy any
          records, take samples, and inspect any monitoring equipment
          or methods required under subparagraph (A).
        (C) Arrests and execution of warrants
          Anyone authorized by the Administrator or the Secretary of
        the department in which the Coast Guard is operating to enforce
        the provisions of this section with respect to any facility may
        -
            (i) with or without a warrant, arrest any person who
          violates the provisions of this section or any regulation
          issued thereunder in the presence or view of the person so
          authorized; and
            (ii) execute any warrant or process issued by an officer or
          court of competent jurisdiction.
        (D) Public access
          Any records, reports, or information obtained under this
        paragraph shall be subject to the same public access and
        disclosure requirements which are applicable to records,
        reports, and information obtained pursuant to section 1318 of
        this title.
    (n) Jurisdiction
      The several district courts of the United States are invested
    with jurisdiction for any actions, other than actions pursuant to
    subsection (i)(1) of this section, arising under this section. In
    the case of Guam and the Trust Territory of the Pacific Islands,
    such actions may be brought in the district court of Guam, and in
    the case of the Virgin Islands such actions may be brought in the
    district court of the Virgin Islands. In the case of American Samoa
    and the Trust Territory of the Pacific Islands, such actions may be
    brought in the District Court of the United States for the District
    of Hawaii and such court shall have jurisdiction of such actions.
    In the case of the Canal Zone, such actions may be brought in the
    United States District Court for the District of the Canal Zone.
    (o) Obligation for damages unaffected; local authority not
      preempted; existing Federal authority not modified or affected
      (1) Nothing in this section shall affect or modify in any way the
    obligations of any owner or operator of any vessel, or of any owner
    or operator of any onshore facility or offshore facility to any
    person or agency under any provision of law for damages to any
    publicly owned or privately owned property resulting from a
    discharge of any oil or hazardous substance or from the removal of
    any such oil or hazardous substance.
      (2) Nothing in this section shall be construed as preempting any
    State or political subdivision thereof from imposing any
    requirement or liability with respect to the discharge of oil or
    hazardous substance into any waters within such State, or with
    respect to any removal activities related to such discharge.
      (3) Nothing in this section shall be construed as affecting or
    modifying any other existing authority of any Federal department,
    agency, or instrumentality, relative to onshore or offshore
    facilities under this chapter or any other provision of law, or to
    affect any State or local law not in conflict with this section.
    (p) Repealed. Pub. L. 101-380, title II, Sec. 2002(b)(4), Aug. 18,
      1990, 104 Stat. 507
    (q) Establishment of maximum limit of liability with respect to
      onshore or offshore facilities
      The President is authorized to establish, with respect to any
    class or category of onshore or offshore facilities, a maximum
    limit of liability under subsections (f)(2) and (3) of this section
    of less than $50,000,000, but not less than $8,000,000.
    (r) Liability limitations not to limit liability under other
      legislation
      Nothing in this section shall be construed to impose, or
    authorize the imposition of, any limitation on liability under the
    Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] or the
    Deepwater Port Act of 1974 [33 U.S.C. 1501 et seq.].
    (s) Oil Spill Liability Trust Fund
      The Oil Spill Liability Trust Fund established under section 9509
    of title 26 shall be available to carry out subsections (b), (c),
    (d), (j), and (l) of this section as those subsections apply to
    discharges, and substantial threats of discharges, of oil. Any
    amounts received by the United States under this section shall be
    deposited in the Oil Spill Liability Trust Fund.
-SOURCE-
    (June 30, 1948, ch. 758, title III, Sec. 311, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 862; amended Pub. L. 93-207,
    Sec. 1(4), Dec. 28, 1973, 87 Stat. 906; Pub. L. 95-217, Secs. 57,
    58(a)-(g), (i), (k)-(m), Dec. 27, 1977, 91 Stat. 1593-1596; Pub. L.
    95-576, Sec. 1(b), Nov. 2, 1978, 92 Stat. 2467; Pub. L. 96-478,
    Sec. 13(b), Oct. 21, 1980, 94 Stat. 2303; Pub. L. 96-483, Sec. 8,
    Oct. 21, 1980, 94 Stat. 2362; Pub. L. 96-561, title II, Sec.
    238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 97-164, title I, Sec.
    161(5), Apr. 2, 1982, 96 Stat. 49; Pub. L. 100-4, title V, Sec.
    502(b), Feb. 4, 1987, 101 Stat. 75; Pub. L. 101-380, title II, Sec.
    2002(b), title IV, Secs. 4201(a), (b), (b)[(c)], 4202(a), (c),
    4204, 4301(a), (b), 4305, 4306, Aug. 18, 1990, 104 Stat. 507, 523-
    527, 532, 533, 540, 541; Pub. L. 102-388, title III, Sec. 349,
    Oct. 6, 1992, 106 Stat. 1554; Pub. L. 102-572, title IX, Sec.
    902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104-208, div. A,
    title I, Sec. 101(a) [title II, Sec. 211(b)], Sept. 30, 1996, 110
    Stat. 3009, 3009-41; Pub. L. 104-324, title XI, Secs. 1143, 1144,
    Oct. 19, 1996, 110 Stat. 3992; Pub. L. 105-383, title IV, Sec. 411,
    Nov. 13, 1998, 112 Stat. 3432; Pub. L. 108-293, title VII, Sec.
    701(a), (b), (d), Aug. 9, 2004, 118 Stat. 1067, 1068; Pub. L. 109-
    241, title VI, Sec. 608, title IX, Sec. 901(i), July 11, 2006, 120
    Stat. 558, 564.)
-REFTEXT-
                            REFERENCES IN TEXT
      The Outer Continental Shelf Lands Act, referred to in subsecs.
    (b)(1), (2)(A), (3) and (r), is act Aug. 7, 1953, ch. 345, 67 Stat.
    462, as amended, which is classified generally to subchapter III
    (Sec. 1331 et seq.) of chapter 29 of Title 43, Public Lands. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1331 of Title 43 and Tables.
      The Deepwater Port Act of 1974, referred to in subsecs. (b)(1),
    (2)(A), (3) and (r), is Pub. L. 93-627, Jan. 3, 1975, 88 Stat.
    2126, as amended, which is classified generally to chapter 29 (Sec.
    1501 et seq.) of this title. For complete classification of this
    Act to the Code, see Short Title note set out under section 1501 of
    this title and Tables.
      The Magnuson-Stevens Fishery Conservation and Management Act,
    referred to in subsec. (b)(1), (2)(A), (3), is Pub. L. 94-265, Apr.
    13, 1976, 90 Stat. 331, as amended, which is classified principally
    to chapter 38 (Sec. 1801 et seq.) of Title 16, Conservation. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1801 of Title 16 and Tables.
      The date of enactment of this paragraph, referred to in subsec.
    (b)(2)(B), probably means the date of enactment of Pub. L. 95-576,
    which amended subsec. (b)(2)(B) and which was approved Nov. 2,
    1978.
      The penalty enacted in subclause (bb) of clause (iii) of
    subparagraph (B) of subsection (b)(2) of section 311 of Public Law
    92-500, referred to in subsec. (b)(2)(B), probably means the
    penalty provision of subsec. (b)(2)(B)(iii)(bb) of this section as
    added by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 864, prior
    to the amendment to subsec. (b)(2)(B) by section 1(b)(3) of Pub. L.
    95-576. Prior to amendment, subsec. (b)(2)(B)(iii)(bb) read as
    follows: "a penalty determined by the number of units discharged
    multiplied by the amount established for such unit under clause
    (iv) of this subparagraph, but such penalty shall not be more than
    $5,000,000 in the case of a discharge from a vessel and $500,000 in
    the case of a discharge from an onshore or offshore facility."
      Section 4367 of the Revised Statutes of the United States (46
    U.S.C. App. 313), referred to in subsec. (b)(12)(B), was repealed
    by Pub. L. 103-182, title VI, Sec. 690(a)(21), Dec. 8, 1993, 107
    Stat. 2223.
      Section 1443 of title 19, referred to in subsec. (b)(12)(C), was
    repealed by Pub. L. 103-182, title VI, Sec. 690(b)(6), Dec. 8,
    1993, 107 Stat. 2223.
      The Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980, referred to in subsec. (c)(4)(B)(ii), is
    Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is
    classified principally to chapter 103 (Sec. 9601 et seq.) of Title
    42, The Public Health and Welfare. For complete classification of
    this Act to the Code, see Short Title note set out under section
    9601 of Title 42 and Tables.
      The Oil Pollution Act of 1990, referred to in subsecs. (c)(5)(B),
    (d)(2)(H), and (j)(5)(H), is Pub. L. 101-380, Aug. 18, 1990, 104
    Stat. 484, which is classified principally to chapter 40 (Sec. 2701
    et seq.) of this title. Title I of the Act is classified generally
    to subchapter I (Sec. 2701 et seq.) of chapter 40 of this title.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 2701 of this title and Tables.
-COD-
                               CODIFICATION
      In subsec. (b)(12)(A), "section 60105 of title 46" substituted
    for "section 4197 of the Revised Statutes of the United States (46
    U.S.C. App. 91)" on authority of Pub. L. 109-304, Sec. 18(c), Oct.
    6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title
    46, Shipping.
-MISC1-
                                AMENDMENTS
      2006 - Subsec. (a)(26). Pub. L. 109-241, Sec. 608, amended par.
    (26) generally. Prior to amendment, par. (26) read as follows: "
    'nontank vessel' means a self-propelled vessel of 400 gross tons as
    measured under section 14302 of title 46 or greater, other than a
    tank vessel, that carries oil of any kind as fuel for main
    propulsion and that -
        "(A) is a vessel of the United States; or
        "(B) operates on the navigable waters of the United States."
      Subsec. (j)(5)(A)(ii), (B), (F), and (G). Pub. L. 109-241, Sec.
    901(i)(1), substituted "nontank" for "non-tank" wherever appearing.
      Subsec. (j)(5)(H). Pub. L. 109-241, Sec. 901(i)(2), amended
    directory language of Pub. L. 108-293, Sec. 701(b)(9). See 2004
    Amendment note below.
      2004 - Subsec. (a)(26). Pub. L. 108-293, Sec. 701(a), added par.
    (26).
      Subsec. (j)(5). Pub. L. 108-293, Sec. 701(b)(1), inserted ",
    nontank vessel," after "vessel" in heading.
      Subsec. (j)(5)(A). Pub. L. 108-293, Sec. 701(b)(2), (d)(3),
    designated existing text as cl. (i), substituted "subparagraph (C)"
    for "subparagraph (B)", and added cl. (ii).
      Subsec. (j)(5)(B). Pub. L. 108-293, Sec. 701(d)(2), added subpar.
    (B). Former subpar. (B) redesignated (C).
      Pub. L. 108-293, Sec. 701(b)(3), (4), inserted ", nontank
    vessels," after "vessels" in introductory provisions, added cl.
    (ii), and redesignated former cls. (ii) and (iii) as (iii) and
    (iv), respectively.
      Subsec. (j)(5)(C). Pub. L. 108-293, Sec. 701(d)(1), (4),
    redesignated subpar. (B) as (C) and substituted "subparagraphs (A)
    and (B)" for "subparagraph (A)" in introductory provisions. Former
    subpar. (C) redesignated (D).
      Subsec. (j)(5)(D). Pub. L. 108-293, Sec. 701(d)(1), redesignated
    subpar. (C) as (D). Former subpar (D) redesignated (E).
      Pub. L. 108-293, Sec. 701(b)(5), inserted ", nontank vessel,"
    after "vessel" in introductory provisions and added cl. (v).
      Subsec. (j)(5)(E). Pub. L. 108-293, Sec. 701(d)(1), redesignated
    subpar. (D) as (E). Former subpar. (E) redesignated (F).
      Pub. L. 108-293, Sec. 701(b)(6), inserted "non-tank vessel,"
    after "vessel," in two places.
      Subsec. (j)(5)(F). Pub. L. 108-293, Sec. 701(d)(1), (5),
    redesignated subpar. (E) as (F) and substituted "subparagraph (E),"
    for "subparagraph (D)," in cl. (i). Former subpar. (F) redesignated
    (G).
      Pub. L. 108-293, Sec. 701(b)(7), inserted "non-tank vessel,"
    after "vessel," and substituted "vessel, non-tank vessel, or" for
    "vessel or".
      Subsec. (j)(5)(G). Pub. L. 108-293, Sec. 701(d)(1), redesignated
    subpar. (F) as (G). Former subpar. (G) redesignated (H).
      Pub. L. 108-293, Sec. 701(b)(8), inserted "nontank vessel," after
    "vessel,".
      Subsec. (j)(5)(H). Pub. L. 108-293, Sec. 701(d)(1), redesignated
    subpar. (G) as (H). Former subpar. (H) redesignated (I).
      Pub. L. 108-293, Sec. 701(b)(9), as amended by Pub. L. 109-241,
    Sec. 901(i)(2), inserted "and nontank vessel" after "each tank
    vessel".
      Subsec. (j)(5)(I). Pub. L. 108-293, Sec. 701(d)(1), redesignated
    subpar. (H) as (I).
      Subsec. (j)(6). Pub. L. 108-293, Sec. 701(b)(10), substituted
    "The President may require - " for "Not later than 2 years after
    August 18, 1990, the President shall require - " in introductory
    provisions.
      Subsec. (j)(6)(B). Pub. L. 108-293, Sec. 701(b)(11), inserted ",
    and nontank vessels carrying oil of any kind as fuel for main
    propulsion," after "cargo".
      Subsec. (j)(7). Pub. L. 108-293, Sec. 701(b)(12), inserted ",
    nontank vessel," after "vessel".
      1998 - Subsec. (a)(2). Pub. L. 105-383, Sec. 411(b), substituted
    ", (C)" for "and (C)" and inserted ", and (D) discharges incidental
    to mechanical removal authorized by the President under subsection
    (c) of this section" before semicolon at end.
      Subsec. (a)(8). Pub. L. 105-383, Sec. 411(a)(1), substituted "to
    prevent, minimize, or mitigate damage" for "to minimize or mitigate
    damage".
      Subsec. (a)(25). Pub. L. 105-383, Sec. 411(a)(2), added par.
    (25).
      Subsec. (c)(4)(A). Pub. L. 105-383, Sec. 411(a)(3), inserted
    "relating to a discharge or a substantial threat of a discharge of
    oil or a hazardous substance" before period at end.
      1996 - Subsec. (b)(1), (2)(A), (3). Pub. L. 104-208 substituted
    "Magnuson-Stevens Fishery" for "Magnuson Fishery" wherever
    appearing.
      Subsec. (c)(3)(B). Pub. L. 104-324, Sec. 1144, inserted ", except
    that the owner or operator may deviate from the applicable response
    plan if the President or the Federal On-Scene Coordinator
    determines that deviation from the response plan would provide for
    a more expeditious or effective response to the spill or mitigation
    of its environmental effects" before period at end.
      Subsec. (j)(2)(A). Pub. L. 104-324, Sec. 1143(1), inserted "and
    of information regarding previous spills, including data from
    universities, research institutions, State governments, and other
    nations, as appropriate, which shall be disseminated as appropriate
    to response groups and area committees, and" after "paragraph
    (4),".
      Subsec. (j)(4)(C)(v). Pub. L. 104-324, Sec. 1143(2), inserted
    "compile a list of local scientists, both inside and outside
    Federal Government service, with expertise in the environmental
    effects of spills of the types of oil typically transported in the
    area, who may be contacted to provide information or, where
    appropriate, participate in meetings of the scientific support team
    convened in response to a spill, and" before "describe".
      1992 - Subsec. (b)(12). Pub. L. 102-388 added par. (12).
      Subsec. (i). Pub. L. 102-572 substituted "United States Court of
    Federal Claims" for "United States Claims Court".
      1990 - Subsec. (a)(8). Pub. L. 101-380, Sec. 4201(b)(1)[(c)(1)],
    inserted "containment and" after "refers to".
      Subsec. (a)(16). Pub. L. 101-380, Sec. 4201(b)(2)[(c)(2)],
    substituted semicolon for period at end.
      Subsec. (a)(17). Pub. L. 101-380, Sec. 4201(b)(3)[(c)(3)],
    substituted "otherwise" for "Otherwise" and semicolon for period at
    end.
      Subsec. (a)(18) to (24). Pub. L. 101-380, Sec.
    4201(b)(4)[(c)(4)], added pars. (18) to (24).
      Subsec. (b)(4). Pub. L. 101-380, Sec. 4204, inserted "or the
    environment" after "the public health or welfare".
      Subsec. (b)(5). Pub. L. 101-380, Sec. 4301(a), inserted after
    first sentence "The Federal agency shall immediately notify the
    appropriate State agency of any State which is, or may reasonably
    be expected to be, affected by the discharge of oil or a hazardous
    substance.", substituted "fined in accordance with title 18, United
    States Code, or imprisoned for not more than 5 years, or both" for
    "fined not more than $10,000, or imprisoned for not more than one
    year, or both", struck out "or information obtained by the
    exploitation of such notification" before "shall not be used", and
    inserted "natural" before "person in any".
      Subsec. (b)(6) to (11). Pub. L. 101-380, Sec. 4301(b), added
    pars. (6) to (11) and struck out former par. (6) which related to
    assessment of civil penalties, limited to $5,000 for each offense,
    against any owner, operator, or person in charge of any onshore or
    offshore facility from which oil or a hazardous substance was
    discharged in violation of par. (3).
      Subsec. (c). Pub. L. 101-380, Sec. 4201(a), amended subsec. (c)
    generally, substituting present provisions for provisions
    authorizing President to arrange for removal of discharge of oil or
    a hazardous substance into or upon the navigable waters of the
    U.S., unless he determined such removal would be properly conducted
    by owner or operator of the vessel causing discharge, and directed
    President to prepare and publish a National Contingency Plan within
    60 days after October 18, 1972.
      Subsec. (d). Pub. L. 101-380, Sec. 4201(b), amended subsec. (d)
    generally. Prior to amendment, subsec. (d) read as follows:
    "Whenever a marine disaster in or upon the navigable waters of the
    United States has created a substantial threat of a pollution
    hazard to the public health or welfare of the United States,
    including, but not limited to, fish, shellfish, and wildlife and
    the public and private shorelines and beaches of the United States,
    because of a discharge, or an imminent discharge, of large
    quantities of oil, or of a hazardous substance from a vessel the
    United States may (A) coordinate and direct all public and private
    efforts directed at the removal or elimination of such threat; and
    (B) summarily remove, and, if necessary, destroy such vessel by
    whatever means are available without regard to any provisions of
    law governing the employment of personnel or the expenditure of
    appropriated funds. Any expense incurred under this subsection or
    under the Intervention on the High Seas Act (or the convention
    defined in section 2(3) thereof) shall be a cost incurred by the
    United States Government for the purposes of subsection (f) of this
    section in the removal of oil or hazardous substance."
      Subsec. (e). Pub. L. 101-380, Sec. 4306, amended subsec. (e)
    generally. Prior to amendment, subsec. (e) read as follows: "In
    addition to any other action taken by a State or local government,
    when the President determines there is an imminent and substantial
    threat to the public health or welfare of the United States,
    including, but not limited to, fish, shellfish, and wildlife and
    public and private property, shorelines, and beaches within the
    United States, because of an actual or threatened discharge of oil
    or hazardous substance into or upon the navigable waters of the
    United States from an onshore or offshore facility, the President
    may require the United States attorney of the district in which the
    threat occurs to secure such relief as may be necessary to abate
    such threat, and the district courts of the United States shall
    have jurisdiction to grant such relief as the public interest and
    the equities of the case may require."
      Subsec. (i). Pub. L. 101-380, Sec. 2002(b)(1), struck out par.
    (1) designation before "In any case" and struck out pars. (2) and
    (3) which read as follows:
      "(2) The provisions of this subsection shall not apply in any
    case where liability is established pursuant to the Outer
    Continental Shelf Lands Act, or the Deepwater Port Act of 1974.
      "(3) Any amount paid in accordance with a judgment of the United
    States Claims Court pursuant to this section shall be paid from the
    funds established pursuant to subsection (k) of this section."
      Subsec. (j). Pub. L. 101-380, Sec. 4202(a), amended heading,
    inserted heading for par. (1) and realigned its margin, added pars.
    (2) to (8), and struck out former par. (2) which read as follows:
    "Any owner or operator of a vessel or an onshore facility or an
    offshore facility and any other person subject to any regulation
    issued under paragraph (1) of this subsection who fails or refuses
    to comply with the provisions of any such regulations, shall be
    liable to a civil penalty of not more than $5,000 for each such
    violation. This paragraph shall not apply to any owner or operator
    of any vessel from which oil or a hazardous substance is discharged
    in violation of paragraph (3)(ii) of subsection (b) of this section
    unless such owner, operator, or person in charge is otherwise
    subject to the jurisdiction of the United States. Each violation
    shall be a separate offense. The President may assess and
    compromise such penalty. No penalty shall be assessed until the
    owner, operator, or other person charged shall have been given
    notice and an opportunity for a hearing on such charge. In
    determining the amount of the penalty, or the amount agreed upon in
    compromise, the gravity of the violation, and the demonstrated good
    faith of the owner, operator, or other person charged in attempting
    to achieve rapid compliance, after notification of a violation,
    shall be considered by the President."
      Subsec. (k). Pub. L. 101-380, Sec. 2002(b)(2), struck out subsec.
    (k) which authorized appropriations and supplemental appropriations
    to create and maintain a revolving fund to carry out subsecs. (c),
    (d), (i), and (l) of this section.
      Subsec. (l). Pub. L. 101-380, Sec. 2002(b)(3), struck out after
    first sentence "Any moneys in the fund established by subsection
    (k) of this section shall be available to such Federal departments,
    agencies, and instrumentalities to carry out the provisions of
    subsections (c) and (i) of this section."
      Subsec. (m). Pub. L. 101-380, Sec. 4305, amended subsec. (m)
    generally. Prior to amendment, subsec. (m) read as follows: "Anyone
    authorized by the President to enforce the provisions of this
    section may, except as to public vessels, (A) board and inspect any
    vessel upon the navigable waters of the United States or the waters
    of the contiguous zone, (B) with or without a warrant arrest any
    person who violates the provisions of this section or any
    regulation issued thereunder in his presence or view, and (C)
    execute any warrant or other process issued by an officer or court
    of competent jurisdiction."
      Subsec. (o)(2). Pub. L. 101-380, Sec. 4202(c), inserted ", or
    with respect to any removal activities related to such discharge"
    after "within such State".
      Subsec. (p). Pub. L. 101-380, Sec. 2002(b)(4), struck out subsec.
    (p) which provided for establishment and maintenance of evidence of
    financial responsibility by vessels over 300 gross tons carrying
    oil or hazardous substances.
      Subsec. (s). Pub. L. 101-380, Sec. 2002(b)(5), added subsec. (s).
      1987 - Subsec. (a)(5). Pub. L. 100-4 substituted "the
    Commonwealth of the Northern Mariana Islands" for "the Canal Zone".
      1982 - Subsec. (i)(1), (3). Pub. L. 97-164 substituted "Claims
    Court" for "Court of Claims".
      1980 - Subsec. (b)(1), (2)(A), (3). Pub. L. 96-561 substituted
    "Magnuson Fishery Conservation and Management Act" for "Fishery
    Conservation and Management Act of 1976".
      Subsec. (b)(3)(A). Pub. L. 96-478 struck out "of oil" after "in
    the case of such discharges" and substituted "Protocol of 1978
    Relating to the International Convention for the Prevention of
    Pollution from Ships, 1973" for "International Convention for the
    Prevention of Pollution of the Sea by Oil, 1954, as amended".
      Subsec. (c)(1). Pub. L. 96-561 substituted "Magnuson Fishery
    Conservation and Management Act" for "Fishery Conservation and
    Management Act of 1976".
      Subsec. (k). Pub. L. 96-483 designated existing provisions as
    par. (1) and added par. (2).
      1978 - Subsec. (a)(2). Pub. L. 95-576, Sec. 1(b)(1), excluded
    discharges described in cls. (A) to (C) from term "discharge".
      Subsec. (a)(17). Pub. L. 95-576, Sec. 1(b)(2), added par. (17).
      Subsec. (b)(2)(B). Pub. L. 95-576, Sec. 1(b)(3), substituted
    requirement that a study be made respecting methods, mechanisms,
    and procedures for creating incentives to achieve higher standard
    of care in management and movement of hazardous substances,
    including consideration of enumerated items, and a report made to
    Congress within 18 months after Nov. 2, 1978, for provisions
    concerning actual removability of any designated hazardous
    substance, liability during two year period commencing Oct. 18,
    1972 based on toxicity, degradability, and dispersal
    characteristics of the substance limited to $50,000 and without
    limitation in cases of willful negligence or willful misconduct,
    liability after such two year period ranging from $500 to $5,000
    based on toxicity, etc., or liability for penalty determined by
    number of units discharged multiplied by amount established for the
    unit limited to $5,000,000 in the case of a discharge from a vessel
    and to $500,000 in the case of a discharge from onshore or offshore
    facility, establishment by regulation of a unit of measurement
    based upon the usual trade practice for each designated hazardous
    substance and establishment for such unit a fixed monetary amount
    ranging from $100 to $1,000 based on toxicity, etc.
      Subsec. (b)(3). Pub. L. 95-576, Sec. 1(b)(4), substituted "such
    quantities as may be harmful" for "harmful quantities".
      Subsec. (b)(4). Pub. L. 95-576, Sec. 1(b)(5), struck out ", to be
    issued as soon as possible after October 18, 1972," after
    "regulation" and substituted "substances" for "substance" and
    "discharge of which may be harmful" for "discharge of which, at
    such times, locations, circumstances, and conditions, will be
    harmful".
      Subsec. (b)(5). Pub. L. 95-576, Sec. 1(b)(6), inserted "at the
    time of the discharge" after "otherwise subject to the jurisdiction
    of the United States".
      Subsec. (b)(6)(A) to (E). Pub. L. 95-576, Sec. 1(b)(7),
    designated existing provisions as subpar. (A), inserted "at the
    time of the discharge" after "jurisdiction of the United States",
    and added subpars. (B) to (E).
      1977 - Subsec. (a)(11). Pub. L. 95-217, Sec. 58(k), inserted ",
    and any facility of any kind which is subject to the jurisdiction
    of the United States and is located in, on, or under any other
    waters," after "United States".
      Subsec. (a)(15), (16). Pub. L. 95-217, Sec. 58(d)(1), added pars.
    (15) and (16).
      Subsec. (b)(1). Pub. L. 95-217, Sec. 58(a)(1), inserted reference
    to activities under the Outer Continental Shelf Lands Act or the
    Deepwater Port Act of 1974, or which may affect natural resources
    belonging to, appertaining to, or under the exclusive management
    authority of the United States (including resources under the
    Fishery Conservation and Management Act of 1976).
      Subsec. (b)(2)(A). Pub. L. 95-217, Sec. 58(a)(2), inserted
    reference to activities under the Outer Continental Shelf Lands Act
    or the Deepwater Port Act of 1974, or which may affect natural
    resources belonging to, appertaining to, or under the exclusive
    management authority of the United States (including resources
    under the Fishery Conservation and Management Act of 1976).
      Subsec. (b)(2)(B)(v). Pub. L. 95-217, Sec. 57, added cl. (v).
      Subsec. (b)(3). Pub. L. 95-217, Sec. 58(a)(3), (4), designated
    part of existing provisions preceding cl. (A) as cl. (i) and added
    cl. (ii), and, in cl. (A), inserted "or which may affect natural
    resources belonging to, appertaining to, or under the exclusive
    management authority of the United States (including resources
    under the Fishery Conservation and Management Act of 1976)" after
    "waters of the contiguous zone" and struck out "article IV of"
    before "the International Convention for the Prevention of
    Pollution of the Sea by Oil, 1954".
      Subsec. (b)(4). Pub. L. 95-217, Sec. 58(a)(5), struck out
    provisions under which, in the case of the discharge of oil into or
    upon the waters of the contiguous zone, only those discharges which
    threatened the fishery resources of the contiguous zone or
    threatened to pollute or contribute to the pollution of the
    territory or the territorial sea of the United States could be
    determined to be harmful.
      Subsec. (b)(5). Pub. L. 95-217, Sec. 58(a)(6), added cls. (A),
    (B), and (C) between "Any such person" and "who fails to notify".
      Subsec. (b)(6). Pub. L. 95-217, Sec. 58(a)(7), (8), substituted
    "Any owner, operator, or person in charge of any onshore facility,
    or offshore facility" for "Any owner or operator of any vessel,
    onshore facility, or offshore facility" in provision relating to
    violations of par. (3) of this subsection, and inserted provisions
    directing the assessment of a civil penalty of not more than $5,000
    for each offense by the Secretary of the department in which the
    Coast Guard is operating to be assessed against any owner,
    operator, or person in charge of any vessel from which oil or a
    hazardous substance is discharged in violation of paragraph (3)(i)
    of this subsection, and any owner, operator, or person in charge of
    a vessel from which oil or a hazardous substance is discharged in
    violation of paragraph (3)(ii) who is otherwise subject to the
    jurisdiction of the United States.
      Subsec. (c)(1). Pub. L. 95-217, Sec. 58(b), (c)(1), inserted "or
    there is a substantial threat of such discharge," after "Whenever
    any oil or a hazardous substance is discharged," and "or in
    connection with activities under the Outer Continental Shelf Lands
    Act or the Deepwater Port Act of 1974, or which may affect natural
    resources belonging to, appertaining to, or under the exclusive
    management authority of the United States (including resources
    under the Fishery Conservation and Management Act of 1976)" after
    "waters of the contiguous zone,".
      Subsec. (c)(2)(D). Pub. L. 95-217, Sec. 58(e), substituted "and
    imminent threats of such discharges to the appropriate State and
    Federal agencies;" for "to the appropriate Federal agency;".
      Subsec. (d). Pub. L. 95-217, Sec. 58(c)(2), inserted "or under
    the Intervention on the High Seas Act (or the convention defined in
    section 2(3) thereof)" after "Any expense incurred under this
    subsection".
      Subsec. (f)(1). Pub. L. 95-217, Sec. 58(d)(2), substituted ", in
    the case of an inland oil barge $125 per gross ton of such barge,
    or $125,000, whichever is greater, and in the case of any other
    vessel, $150 per gross ton of such vessel (or, for a vessel
    carrying oil or hazardous substances as cargo, $250,000), whichever
    is greater," for "$100 per gross ton of such vessel or $14,000,000,
    whichever is lesser,".
      Subsec. (f)(2), (3). Pub. L. 95-217, Sec. 58(d)(5), (6),
    substituted "$50,000,000" for "$8,000,000".
      Subsec. (f)(4), (5). Pub. L. 95-217, Sec. 58(g), added pars. (4)
    and (5).
      Subsec. (g). Pub. L. 95-217, Sec. 58(d)(3), (f), substituted ",
    in the case of an inland oil barge $125 per gross ton of such
    barge, or $125,000, whichever is greater, and in the case of any
    other vessel, $150 per gross ton of such vessel (or, for a vessel
    carrying oil or hazardous substances as cargo, $250,000), whichever
    is greater" for "$100 per gross ton of such vessel or $14,000,000,
    whichever is the lesser" in the existing provisions and inserted
    provision under which, where the owner or operator of a vessel
    (other than an inland oil barge) carrying oil or hazardous
    substances as cargo or an onshore or offshore facility which
    handles or stores oil or hazardous substances in bulk, from which
    oil or a hazardous substance is discharged in violation of subsec.
    (b) of this section, alleges that the discharge was caused solely
    by an act or omission of a third party, the owner or operator must
    pay to the United States Government the actual costs incurred under
    subsec. (c) of this section for removal of the oil or substance and
    shall be entitled by subrogation to all rights of the United States
    Government to recover the costs from the third party under this
    subsection.
      Subsec. (i)(2). Pub. L. 95-217, Sec. 58(m), inserted reference to
    the Deepwater Port Act of 1974.
      Subsec. (j)(2). Pub. L. 95-217, Sec. 58(c)(3), inserted provision
    that subsec. (j)(2) shall not apply to any owner or operator of any
    vessel from which oil or a hazardous substance is discharged in
    violation of subsec. (b)(3)(ii) of this section unless the owner,
    operator, or person in charge is otherwise subject to the
    jurisdiction of the United States.
      Subsec. (k). Pub. L. 95-217, Sec. 58(l), substituted "such sums
    as may be necessary to maintain such fund at a level of
    $35,000,000" for "not to exceed $35,000,000".
      Subsec. (p)(1). Pub. L. 95-217, Sec. 58(d)(4), substituted ", in
    the case of an inland oil barge $125 per gross ton of such barge,
    or $125,000, whichever is greater, and in the case of any other
    vessel, $150 per gross ton of such vessel (or, for a vessel
    carrying oil or hazardous substances as cargo, $250,000), whichever
    is greater," for "$100 per gross ton, or $14,000,000 whichever is
    the lesser,".
      Subsecs. (q), (r). Pub. L. 95-217, Sec. 58(i), added subsecs. (q)
    and (r).
      1973 - Subsec. (f). Pub. L. 93-207, Sec. 1(4)(A), (B),
    substituted "(b)(3)" for "(b)(2)" wherever appearing in pars. (1)
    to (3), and substituted "Administrator" for "Secretary" in last
    sentence of par. (2).
      Subsecs. (g), (i). Pub. L. 93-207, Sec. 1(4)(C), substituted
    "(b)(3)" for "(b)(2)" wherever appearing.
                     EFFECTIVE DATE OF 2006 AMENDMENT
      Pub. L. 109-241, title IX, Sec. 901(i)(2), July 11, 2006, 120
    Stat. 564, provided in part that the amendment made by section
    901(i)(2) is effective Aug. 9, 2004.
                     EFFECTIVE DATE OF 1996 AMENDMENT
      Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-
    208 provided that the amendment made by that section is effective
    15 days after Oct. 11, 1996.
                     EFFECTIVE DATE OF 1992 AMENDMENT
      Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
    911 of Pub. L. 102-572, set out as a note under section 171 of
    Title 28, Judiciary and Judicial Procedure.
                     EFFECTIVE DATE OF 1990 AMENDMENT
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of this title.
                     EFFECTIVE DATE OF 1982 AMENDMENT
      Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
    402 of Pub. L. 97-164, set out as a note under section 171 of Title
    28, Judiciary and Judicial Procedure.
                     EFFECTIVE DATE OF 1980 AMENDMENTS
      Section 238(b) of Pub. L. 96-561 provided that the amendment made
    by that section is effective 15 days after Dec. 22, 1980.
      Amendment by Pub. L. 96-478 effective Oct. 2, 1983, see section
    14(a) of Pub. L. 96-478, set out as an Effective Date note under
    section 1901 of this title.
                     EFFECTIVE DATE OF 1977 AMENDMENT
      Section 58(h) of Pub. L. 95-217 provided that: "The amendments
    made by paragraphs (5) and (6) of subsection (d) of this section
    [amending this section] shall take effect 180 days after the date
    of enactment of the Clean Water Act of 1977 [Dec. 27, 1977]."
-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 Administrator or other official of the
    Environmental Protection Agency under this section relating to
    spill prevention, containment and countermeasure plans with respect
    to pre-construction, construction, and initial operation of
    transportation system for Canadian and Alaskan natural gas were
    transferred to the Federal Inspector, Office of Federal Inspector
    for the Alaska Natural Gas Transportation System, until the first
    anniversary of the date of initial operation of the Alaska Natural
    Gas Transportation System, see Reorg. Plan No. 1 of 1979, Secs.
    102(a), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376,
    effective July 1, 1979, set out in the Appendix to Title 5,
    Government Organization and Employees. Office of Federal Inspector
    for the Alaska Natural Gas Transportation System abolished and
    functions and 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. Functions and authority
    vested in Secretary of Energy subsequently transferred to Federal
    Coordinator for Alaska Natural Gas Transportation Projects by
    section 720d(f) of Title 15.
                          DELEGATION OF FUNCTIONS
      For delegation of certain functions of President under this
    section, see Ex. Ord. No. 12580, Jan. 23, 1987, 52 F.R. 2923, as
    amended, set out as a note under section 9615 of Title 42, The
    Public Health and Welfare.
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.
    TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE
                                CANAL ZONE
      For termination of the United States District Court for the
    District of the Canal Zone at end of the "transition period", being
    the 30-month period beginning Oct. 1, 1979, and ending midnight
    Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal
    Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70,
    title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to
    sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign
    Relations and Intercourse.
-MISC2-
     IMPLEMENTATION DATE FOR VESSEL RESPONSE PLANS FOR NONTANK VESSELS
      Pub. L. 108-293, title VII, Sec. 701(c), Aug. 9, 2004, 118 Stat.
    1068, provided that: "No later than one year after the date of
    enactment of this Act [Aug. 9, 2004], the owner or operator of a
    nontank vessel (as defined [sic] section 311(j)(9) [311(a)(26)] of
    the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(9)
    [1321(a)(26)], as amended by this section) shall prepare and submit
    a vessel response plan for such vessel."
                  REPORT ON OIL SPILL RESPONDER IMMUNITY
      Pub. L. 107-295, title IV, Sec. 440, Nov. 25, 2002, 116 Stat.
    2130, provided that:
      "(a) Report to Congress. - Not later than January 1, 2004, the
    Secretary of the department in which the Coast Guard is operating,
    jointly with the Secretary of Commerce and the Secretary of the
    Interior, and after consultation with the Administrator of the
    Environmental Protection Agency and the Attorney General, shall
    submit a report to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Transportation
    and Infrastructure of the House of Representatives on the immunity
    from criminal and civil penalties provided under existing law of a
    private responder (other than a responsible party) in the case of
    the incidental take of federally listed fish or wildlife that
    results from, but is not the purpose of, carrying out an otherwise
    lawful activity conducted by that responder during an oil spill
    removal activity where the responder was acting in a manner
    consistent with the National Contingency Plan or as otherwise
    directed by the Federal On-Scene Coordinator for the spill, and on
    the circumstances under which such penalties have been or could be
    imposed on a private responder. The report shall take into
    consideration the procedures under the Inter-Agency Memorandum for
    addressing incidental takes.
      "(b) Definitions. - In this section -
        "(1) the term 'Federal On-Scene Coordinator' has the meaning
      given that term in section 311 of the Federal Water Pollution
      Control Act (33 U.S.C. 1321);
        "(2) the term 'incidental take' has the meaning given that term
      in the Inter-Agency Memorandum;
        "(3) the term 'Inter-Agency Memorandum' means the Inter-Agency
      Memorandum of Agreement Regarding Oil Spill Planning and Response
      Activities under the Federal Water Pollution Control Act's
      National Oil and Hazardous Substances Pollution Contingency Plan
      and the Endangered Species Act [of 1973, 16 U.S.C. 1531 et seq.],
      effective on July 22, 2001;
        "(4) the terms 'National Contingency Plan', 'removal', and
      'responsible party' have the meanings given those terms under
      section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701);
      and
        "(5) the term 'private responder' means a nongovernmental
      entity or individual that is carrying out an oil spill removal
      activity at the direction of a Federal agency or a responsible
      party."
            OIL SPILL LIABILITY UNDER OIL POLLUTION ACT OF 1990
      Section 2002(a) of Pub. L. 101-380 provided that: "Subsections
    (f), (g), (h), and (i) of section 311 of the Federal Water
    Pollution Control Act (33 U.S.C. 1321) shall not apply with respect
    to any incident for which liability is established under section
    1002 of this Act [33 U.S.C. 2702]."
           TRANSFER OF MONEYS TO OIL SPILL LIABILITY TRUST FUND
      Section 2002(b)(2) of Pub. L. 101-380 provided that: "Subsection
    (k) [of this section] is repealed. Any amounts remaining in the
    revolving fund established under that subsection shall be deposited
    in the [Oil Spill Liability Trust] Fund. The Fund shall assume all
    liability incurred by the revolving fund established under that
    subsection."
                   REVISION OF NATIONAL CONTINGENCY PLAN
      Section 4201(c)[(d)] of Pub. L. 101-380 provided that: "Not later
    than one year after the date of the enactment of this Act [Aug. 18,
    1990], the President shall revise and republish the National
    Contingency Plan prepared under section 311(c)(2) of the Federal
    Water Pollution Control Act [33 U.S.C. 1321(c)(2)] (as in effect
    immediately before the date of the enactment of this Act) to
    implement the amendments made by this section and section 4202
    [amending this section]."
      [For delegation of functions of President under section 4201(c)
    of Pub. L. 101-380, set out above, see Ex. Ord. No. 12580, Jan. 23,
    1987, 52 F.R. 2923, as amended, set out as a note under section
    9615 of Title 42, The Public Health and Welfare.]
          IMPLEMENTATION OF NATIONAL PLANNING AND RESPONSE SYSTEM
      Section 4202(b) of Pub. L. 101-380 provided that:
      "(1) Area committees and contingency plans. - (A) Not later than
    6 months after the date of the enactment of this Act [Aug. 18,
    1990], the President shall designate the areas for which Area
    Committees are established under section 311(j)(4) of the Federal
    Water Pollution Control Act [33 U.S.C. 1321(j)(4)], as amended by
    this Act. In designating such areas, the President shall ensure
    that all navigable waters, adjoining shorelines, and waters of the
    exclusive economic zone are subject to an Area Contingency Plan
    under that section.
      "(B) Not later than 18 months after the date of the enactment of
    this Act, each Area Committee established under that section shall
    submit to the President the Area Contingency Plan required under
    that section.
      "(C) Not later than 24 months after the date of the enactment of
    this Act, the President shall -
        "(i) promptly review each plan;
        "(ii) require amendments to any plan that does not meet the
      requirements of section 311(j)(4) of the Federal Water Pollution
      Control Act; and
        "(iii) approve each plan that meets the requirements of that
      section.
      "(2) National response unit. - Not later than one year after the
    date of the enactment of this Act, the Secretary of the department
    in which the Coast Guard is operating shall establish a National
    Response Unit in accordance with section 311(j)(2) of the Federal
    Water Pollution Control Act, as amended by this Act.
      "(3) Coast guard district response groups. - Not later than 1
    year after the date of the enactment of this Act, the Secretary of
    the department in which the Coast Guard is operating shall
    establish Coast Guard District Response Groups in accordance with
    section 311(j)(3) of the Federal Water Pollution Control Act, as
    amended by this Act.
      "(4) Tank vessel and facility response plans; transition
    provision; effective date of prohibition. - (A) Not later than 24
    months after the date of the enactment of this Act, the President
    shall issue regulations for tank vessel and facility response plans
    under section 311(j)(5) of the Federal Water Pollution Control Act,
    as amended by this Act.
      "(B) During the period beginning 30 months after the date of the
    enactment of this paragraph [Aug. 18, 1990] and ending 36 months
    after that date of enactment, a tank vessel or facility for which a
    response plan is required to be prepared under section 311(j)(5) of
    the Federal Water Pollution Control Act, as amended by this Act,
    may not handle, store, or transport oil unless the owner or
    operator thereof has submitted such a plan to the President.
      "(C) Subparagraph (E) of section 311(j)(5) of the Federal Water
    Pollution Control Act, as amended by this Act, shall take effect 36
    months after the date of the enactment of this Act."
     DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL LIABILITY TRUST FUND
      Penalties paid pursuant to this section and sections 1319(c) and
    1501 et seq. of this title to be deposited in the Oil Spill
    Liability Trust Fund created under section 9509 of Title 26,
    Internal Revenue Code, see section 4304 of Pub. L. 101-380, set out
    as a note under section 9509 of Title 26.
       ALLOWABLE DELAY IN ESTABLISHING FINANCIAL RESPONSIBILITY FOR
                 INCREASE IN AMOUNTS UNDER 1977 AMENDMENT
      Section 58(j) of Pub. L. 95-217 provided that: "No vessel subject
    to the increased amounts which result from the amendments made by
    subsections (d)(2), (d)(3), and (d)(4) of this section [amending
    this section] shall be required to establish any evidence of
    financial responsibility under section 311(p) of the Federal Water
    Pollution Control Act [subsec. (p) of this section] for such
    increased amounts before October 1, 1978."
-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.
                         EXECUTIVE ORDER NO. 11735
      Ex. Ord. No. 11735, Aug. 3, 1973, 38 F.R. 21243, as amended by
    Ex. Ord. No. 12418, May 5, 1983, 48 F.R. 20891, which assigned
    functions of the President regarding water pollution, was revoked
    by Ex. Ord. No. 12777, Sec. 8(i), Oct. 18, 1991, 56 F.R. 54769, set
    out below.
                         EXECUTIVE ORDER NO. 12418
      Ex. Ord. No. 12418, May 5, 1983, 48 F.R. 20891, which transferred
    certain functions relating to the financial responsibility of
    vessels for water pollution and established authority of Federal
    agencies to respond to discharges or substantial threats of
    discharges of oil and hazardous substances, was revoked by Ex. Ord.
    No. 12777, Sec. 8(i), Oct. 18, 1991, 56 F.R. 54769, set out below.
        EX. ORD. NO. 12777. IMPLEMENTATION OF THIS SECTION AND OIL
                           POLLUTION ACT OF 1990
      Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54757, as amended by
    Ex. Ord. No. 13286, Sec. 34, Feb. 28, 2003, 68 F.R. 10625,
    provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including Section 311
    of the Federal Water Pollution Control Act, ("FWPCA") (33 U.S.C.
    1321), as amended by the Oil Pollution Act of 1990 (Public Law 101-
    380) ("OPA"), and by Section 301 of Title 3 of the United States
    Code, it is hereby ordered as follows:
      Section 1. National Contingency Plan, Area Committees, and Area
    Contingency Plans. (a) Section 1 of Executive Order No. 12580 of
    January 23, 1987 [42 U.S.C. 9615 note], is amended to read as
    follows:
      "Section 1. National Contingency Plan. (a)(1) The National
    Contingency Plan ("the NCP"), shall provide for a National Response
    Team ("the NRT") composed of representatives of appropriate Federal
    departments and agencies for national planning and coordination of
    preparedness and response actions, and Regional Response Teams as
    the regional counterparts to the NRT for planning and coordination
    of regional preparedness and response actions.
      "(2) The following agencies (in addition to other appropriate
    agencies) shall provide representatives to the National and
    Regional Response Teams to carry out their responsibilities under
    the NCP: Department of State, Department of Defense, Department of
    Justice, Department of the Interior, Department of Agriculture,
    Department of Commerce, Department of Labor, Department of Health
    and Human Services, Department of Transportation, Department of
    Energy, Environmental Protection Agency, Federal Emergency
    Management Agency, United States Coast Guard, and the Nuclear
    Regulatory Commission.
      "(3) Except for periods of activation because of response action,
    the representative of the Environmental Protection Agency ("EPA")
    shall be the chairman, and the representative of the United States
    Coast Guard shall be the vice chairman, of the NRT and these
    agencies' representatives shall be co-chairs of the Regional
    Response Teams ("the RRTs"). When the NRT or an RRT is activated
    for a response action, the EPA representative shall be the chairman
    when the release or threatened release or discharge or threatened
    discharge occurs in the inland zone, and the United States Coast
    Guard representative shall be the chairman when the release or
    threatened release or discharge or threatened discharge occurs in
    the coastal zone, unless otherwise agreed upon by the EPA and the
    United States Coast Guard representatives (inland and coastal zones
    are defined in the NCP).
      "(4) The RRTs may include representatives from State governments,
    local governments (as agreed upon by the States), and Indian tribal
    governments. Subject to the functions and authorities delegated to
    Executive departments and agencies in other sections of this order,
    the NRT shall provide policy and program direction to the RRTs.
      "(b)(1) The responsibility for the revision of the NCP and all
    the other functions vested in the President by Sections 105(a),
    (b), (c), and (g), 125, and 301(f) of the Act, by Section 311(d)(1)
    of the Federal Water Pollution Control Act, and by Section 4201(c)
    of the Oil Pollution Act of 1990 is delegated to the Administrator
    of the Environmental Protection Agency ("the Administrator").
      "(2) The function vested in the President by Section 118(p) of
    the Superfund Amendments and Reauthorization Act of 1986 (Pub. L.
    99-499) ("SARA") is delegated to the Administrator.
      "(c) In accord with Section 107(f)(2)(A) of the Act, Section
    311(f)(5) of the Federal Water Pollution Control Act, as amended
    (33 U.S.C. 1321(f)(5)), and Section 1006(b)(1) and (2) of the Oil
    Pollution Act of 1990, the following shall be among those
    designated in the NCP as Federal trustees for natural resources:
      ["](1) Secretary of Defense;
      ["](2) Secretary of the Interior;
      ["](3) Secretary of Agriculture;
      ["](4) Secretary of Commerce;
      ["](5) Secretary of Energy.
      ["]In the event of a spill, the above named Federal trustees for
    natural resources shall designate one trustee to act as Lead
    Administrative Trustee, the duties of which shall be defined in the
    regulations promulgated pursuant to Section 1006(e)(1) of OPA. If
    there are natural resource trustees other than those designated
    above which are acting in the event of a spill, those other
    trustees may join with the Federal trustees to name a Lead
    Administrative Trustee which shall exercise the duties defined in
    the regulations promulgated pursuant to Section 1006(e)(1) of OPA.
      "(d) Revisions to the NCP shall be made in consultation with
    members of the NRT prior to publication for notice and comment.
      "(e) All revisions to the NCP, whether in proposed or final form,
    shall be subject to review and approval by the Director of the
    Office of Management and Budget ("OMB")."
      (b) The functions vested in the President by Section 311(j)(4) of
    FWPCA, and Section 4202(b)(1) of OPA [set out as a note above],
    respecting the designation of Areas, the appointment of Area
    Committee members, the requiring of information to be included in
    Area Contingency Plans, and the review and approval of Area
    Contingency Plans are delegated to the Administrator of the
    Environmental Protection Agency ("Administrator") for the inland
    zone and the Secretary of the Department in which the Coast Guard
    is operating for the coastal zone (inland and coastal zones are
    defined in the NCP).
      Sec. 2. National Response System. (a) The functions vested in the
    President by Section 311(j)(1)(A) of FWPCA, respecting the
    establishment of methods and procedures for the removal of
    discharged oil and hazardous substances, and by Section
    311(j)(1)(B) of FWPCA respecting the establishment of criteria for
    the development and implementation of local and regional oil and
    hazardous substance removal contingency plans, are delegated to the
    Administrator for the inland zone and the Secretary of the
    Department in which the Coast Guard is operating for the coastal
    zone.
      (b)(1) The functions vested in the President by Section
    311(j)(1)(C) of FWPCA, respecting the establishment of procedures,
    methods, and equipment and other requirements for equipment to
    prevent and to contain discharges of oil and hazardous substances
    from non-transportation-related onshore facilities, are delegated
    to the Administrator.
      (2) The functions vested in the President by Section 311(j)(1)(C)
    of FWPCA, respecting the establishment of procedures, methods, and
    equipment and other requirements for equipment to prevent and to
    contain discharges of oil and hazardous substances from vessels and
    transportation-related onshore facilities and deepwater ports
    subject to the Deepwater Ports [Port] Act of 1974 ("DPA") [33
    U.S.C. 1501 et seq.], are delegated to the Secretary of
    Transportation and the Secretary of the Department in which the
    Coast Guard is operating.
      (3) The functions vested in the President by Section 311(j)(1)(C)
    of FWPCA, respecting the establishment of procedures, methods, and
    equipment and other requirements for equipment to prevent and to
    contain discharges of oil and hazardous substances from offshore
    facilities, including associated pipelines, other than deepwater
    ports subject to the DPA, are delegated to the Secretary of the
    Interior.
      (c) The functions vested in the President by Section 311(j)(1)(D)
    of FWPCA, respecting the inspection of vessels carrying cargoes of
    oil and hazardous substances and the inspection of such cargoes,
    are delegated to the Secretary of the Department in which the Coast
    Guard is operating.
      (d)(1) The functions vested in the President by Section 311(j)(5)
    of FWPCA and Section 4202(b)(4) of OPA [set out as a note above],
    respecting the issuance of regulations requiring the owners or
    operators of non-transportation-related onshore facilities to
    prepare and submit response plans, the approval of means to ensure
    the availability of private personnel and equipment, the review and
    approval of such response plans, and the authorization of non-
    transportation-related onshore facilities to operate without
    approved response plans, are delegated to the Administrator.
      (2) The functions vested in the President by Section 311(j)(5) of
    FWPCA and Section 4202(b)(4) of OPA, respecting the issuance of
    regulations requiring the owners or operators of tank vessels,
    transportation-related onshore facilities and deepwater ports
    subject to the DPA, to prepare and submit response plans, the
    approval of means to ensure the availability of private personnel
    and equipment, the review and approval of such response plans, and
    the authorization of tank vessels, transportation-related onshore
    facilities and deepwater ports subject to the DPA to operate
    without approved response plans, are delegated to the Secretary of
    Transportation and the Secretary of the Department in which the
    Coast Guard is operating.
      (3) The functions vested in the President by Section 311(j)(5) of
    FWPCA and Section 4202(b)(4) of OPA, respecting the issuance of
    regulations requiring the owners or operators of offshore
    facilities, including associated pipelines, other than deepwater
    ports subject to the DPA, to prepare and submit response plans, the
    approval of means to ensure the availability of private personnel
    and equipment, the review and approval of such response plans, and
    the authorization of offshore facilities, including associated
    pipelines, other than deepwater ports subject to the DPA, to
    operate without approved response plans, are delegated to the
    Secretary of the Interior.
      (e)(1) The functions vested in the President by Section
    311(j)(6)(A) of FWPCA, respecting the requirements for periodic
    inspections of containment booms and equipment used to remove
    discharges at non-transportation-related onshore facilities, are
    delegated to the Administrator.
      (2) The functions vested in the President by Section 311(j)(6)(A)
    of FWPCA, respecting the requirements for periodic inspections of
    containment booms and equipment used to remove discharges on
    vessels, and at transportation-related onshore facilities and
    deepwater ports subject to the DPA, are delegated to the Secretary
    of the Department in which the Coast Guard is operating.
      (3) The functions vested in the President by Section 311(j)(6)(A)
    of FWPCA, respecting the requirements for periodic inspections of
    containment booms and equipment used to remove discharges at
    offshore facilities, including associated pipelines, other than
    deepwater ports subject to the DPA, are delegated to the Secretary
    of the Interior.
      (f) The functions vested in the President by Section 311(j)(6)(B)
    of FWPCA, respecting requirements for vessels to carry appropriate
    removal equipment, are delegated to the Secretary of the Department
    in which the Coast Guard is operating.
      (g)(1) The functions vested in the President by Section 311(j)(7)
    of FWPCA, respecting periodic drills of removal capability under
    relevant response plans for onshore and offshore facilities located
    in the inland zone, and the publishing of annual reports on those
    drills, are delegated to the Administrator.
      (2) The functions vested in the President by Section 311(j)(7) of
    FWPCA, respecting periodic drills of removal capability under
    relevant response plans for tank vessels, and for onshore and
    offshore facilities located in the coastal zone, and the publishing
    of annual reports on those drills, are delegated to the Secretary
    of the Department in which the Coast Guard is operating.
      (h) No provision of Section 2 of this order, including, but not
    limited to, any delegation or assignment of any function hereunder,
    shall in any way affect, or be construed or interpreted to affect
    the authority of any Department or agency, or the head of any
    Department or agency under any provision of law other than Section
    311(j) of FWPCA or Section 4202(b)(4) of OPA.
      (i) The functions vested in the President by Section 311(j) of
    FWPCA or Section 4202(b)(4) of OPA which have been delegated or
    assigned by Section 2 of this order may be redelegated to the head
    of any Executive department or agency with his or her consent.
      Sec. 3. Removal. The functions vested in the President by Section
    311(c) of FWPCA and Section 1011 of OPA [33 U.S.C. 2711],
    respecting an effective and immediate removal or arrangement for
    removal of a discharge and mitigation or prevention of a
    substantial threat of a discharge of oil or a hazardous substance,
    the direction and monitoring of all Federal, State and private
    actions, the removal and destruction of a vessel, the issuance of
    directions, consulting with affected trustees, and removal
    completion determinations, are delegated to the Administrator for
    the inland zone and to the Secretary of the Department in which the
    Coast Guard is operating for the coastal zone.
      Sec. 4. Liability Limit Adjustment. (a) The functions vested in
    the President by Section 1004(d) of OPA [33 U.S.C. 2704(d)],
    respecting the establishment of limits of liability, with respect
    to classes or categories of non-transportation-related onshore
    facilities, the reporting to Congress on the desirability of
    adjusting limits of liability with respect to non-transportation-
    related onshore facilities, and the adjustment of limits of
    liability to reflect significant increases in the Consumer Price
    Index with respect to non-transportation-related onshore
    facilities, are delegated to the Administrator, acting in
    consultation with the Secretary of Transportation, the Secretary of
    Energy, and the Attorney General.
      (b) The functions vested in the President by Section 1004(d) of
    OPA, respecting the establishment of limits of liability, with
    respect to classes or categories of transportation-related onshore
    facilities, the reporting to Congress on the desirability of
    adjusting limits of liability, with respect to vessels or
    transportation-related onshore facilities and deepwater ports
    subject to the DPA, and the adjustment of limits of liability to
    reflect significant increases in the Consumer Price Index with
    respect to vessels or transportation-related onshore facilities and
    deepwater ports subject to the DPA, are delegated to the Secretary
    of Transportation.
      (c) The functions vested in the President by Section 1004(d) of
    OPA, respecting the reporting to Congress on the desirability of
    adjusting limits of liability with respect to offshore facilities,
    including associated pipelines, other than deepwater ports subject
    to the DPA, and the adjustment of limits of liability to reflect
    significant increases in the Consumer Price Index with respect to
    offshore facilities, including associated pipelines, other than
    deepwater ports subject to the DPA, are delegated to the Secretary
    of the Interior.
      Sec. 5. Financial Responsibility. (a)(1) The functions vested in
    the President by Section 1016(e) of OPA [33 U.S.C. 2716(e)],
    respecting (in the case of offshore facilities other than deepwater
    ports) the issuance of regulations concerning financial
    responsibility, the determination of acceptable methods of
    financial responsibility, and the specification of necessary or
    unacceptable terms, conditions, or defenses, are delegated to the
    Secretary of the Interior.
      (2) The functions vested in the President by Section 1016(e) of
    OPA, respecting (in the case of deepwater ports) the issuance of
    regulations concerning financial responsibility, the determination
    of acceptable methods of financial responsibility, and the
    specification of necessary or unacceptable terms, conditions, or
    defenses, are delegated to the Secretary of the Department in which
    the Coast Guard is operating.
      (b)(1) The functions vested in the President by Section 4303 of
    OPA [33 U.S.C. 2716a], respecting (in cases involving vessels) the
    assessment of civil penalties, the compromising, modification or
    remission, with or without condition, and the referral for
    collection of such imposed penalties, and requests to the Attorney
    General to secure necessary judicial relief, are delegated to the
    Secretary of the Department in which the Coast Guard is operating.
      (2) The functions vested in the President by Section 4303 of OPA,
    respecting (in cases involving offshore facilities other than
    deepwater ports) the assessment of civil penalties, the
    compromising, modification or remission, with or without condition,
    and the referral for collection of such imposed penalties, and
    requests to the Attorney General to secure necessary judicial
    relief, are delegated to the Secretary of the Interior.
      (3) The functions vested in the President by Section 4303 of OPA,
    respecting (in cases involving deepwater ports) the assessment of
    civil penalties, the compromising, modification or remission, with
    or without condition, and the referral for collection of such
    imposed penalties, and requests to the Attorney General to secure
    necessary judicial relief, are delegated to the Secretary of the
    Department in which the Coast Guard is operating.
      Sec. 6. Enforcement. (a) The functions vested in the President by
    Section 311(m)(1) of FWPCA, respecting the enforcement of Section
    311 with respect to vessels, are delegated to the Secretary of the
    Department in which the Coast Guard is operating.
      (b) The functions vested in the President by Section 311(e) of
    FWPCA, respecting determinations of imminent and substantial
    threat, requesting the Attorney General to secure judicial relief,
    and other action including issuing administrative orders, are
    delegated to the Administrator for the inland zone and to the
    Secretary of the Department in which the Coast Guard is operating
    for the coastal zone.
      Sec. 7. Management of the Oil Spill Liability Trust Fund and
    Claims. (a)(1)(A) The functions vested in the President by Section
    1012(a)(1), (3), and (4) of OPA [33 U.S.C. 2712(a)(1), (3), (4)]
    respecting payment of removal costs and claims and determining
    consistency with the National Contingency Plan (NCP) are delegated
    to the Secretary of the Department in which the Coast Guard is
    operating.
      (B) The functions vested in the President by Section 6002(b) of
    the OPA [33 U.S.C. 2752(b)] respecting making amounts, not to
    exceed $50,000,000 and subject to normal budget controls, in any
    fiscal year, available from the Fund (i) to carry out Section
    311(c) of FWPCA, and (ii) to initiate the assessment of natural
    resources damages required under Section 1006 of OPA [33 U.S.C.
    2706] are delegated to the Secretary of the Department in which the
    Coast Guard is operating. Such Secretary shall make amounts
    available from the Fund to initiate the assessment of natural
    resources damages exclusively to the Federal trustees designated in
    the NCP. Such Federal trustees shall allocate such amounts among
    all trustees required to assess natural resources damages under
    Section 1006 of OPA.
      (2) The functions vested in the President by Section 1012(a)(2)
    of OPA [33 U.S.C. 2712(a)(2)], respecting the payment of costs and
    determining consistency with the NCP, are delegated to the Federal
    trustees designated in the NCP.
      (3) The functions vested in the President by Section 1012(a)(5)
    of OPA, respecting the payment of costs and expenses of departments
    and agencies having responsibility for the implementation,
    administration, and enforcement of the Oil Pollution Act of 1990
    and subsections (b), (c), (d), (j) and (l) of Section 311 of FWPCA,
    are delegated to each head of such department and agency.
      (b) The functions vested in the President by Section 1012(c) of
    OPA, respecting designation of Federal officials who may obligate
    money, are delegated to each head of the departments and agencies
    to whom functions have been delegated under section 7(a) of this
    order for the purpose of carrying out such functions.
      (c)(1) The functions vested in the President by Section 1012(d)
    and (e) of OPA, respecting the obligation of the Trust Fund on the
    request of a Governor or pursuant to an agreement with a State,
    entrance into agreements with States, agreement upon terms and
    conditions, and the promulgation of regulations concerning such
    obligation and entrance into such agreement, are delegated to the
    Secretary of the Department in which the Coast Guard is operating,
    in consultation with the Administrator.
      (2) The functions vested in the President by Section 1013(e) of
    OPA [33 U.S.C. 2713(e)], respecting the promulgation and amendment
    of regulations for the presentation, filing, processing,
    settlement, and adjudication of claims under OPA against the Trust
    Fund, are delegated to the Secretary of the Department in which the
    Coast Guard is operating, in consultation with the Attorney
    General.
      (3) The functions vested in the President by Section 1012(a) of
    OPA, respecting the payment of costs, damages, and claims,
    delegated herein to the Secretary of the Department in which the
    Coast Guard is operating, include, inter alia, the authority to
    process, settle, and administratively adjudicate such costs,
    damages, and claims, regardless of amount.
      (d)(1) The Coast Guard is designated the "appropriate agency" for
    the purpose of receiving the notice of discharge of oil or
    hazardous substances required by Section 311(b)(5) of FWPCA, and
    the Secretary of the Department in which the Coast Guard is
    operating is authorized to issue regulations implementing this
    designation.
      (2) The functions vested in the President by Section 1014 of OPA
    [33 U.S.C. 2714], respecting designation of sources of discharges
    or threats, notification to responsible parties, promulgation of
    regulations respecting advertisements, the advertisement of
    designation, and notification of claims procedures, are delegated
    to the Secretary of the Department in which the Coast Guard is
    operating.
      Sec. 8. Miscellaneous. (a) The functions vested in the President
    by Section 311(b)(3) and (4) of FWPCA, as amended by the Oil
    Pollution Act of 1990, respecting the determination of quantities
    of oil and any hazardous substances the discharge of which may be
    harmful to the public health or welfare or the environment and the
    determinations of quantities, time, locations, circumstances, or
    conditions, which are not harmful, are delegated to the
    Administrator.
      (b) The functions vested in the President by Section 311(d)(2)(G)
    of FWPCA, respecting schedules of dispersant, chemical, and other
    spill mitigating devices or substances, are delegated to the
    Administrator.
      (c) The functions vested in the President by Section 1006(b)(3)
    and (4) of OPA [33 U.S.C. 2706(b)(3), (4)] respecting the receipt
    of designations of State and Indian tribe trustees for natural
    resources are delegated to the Administrator.
      (d) The function vested in the President by Section 3004 of OPA
    [104 Stat. 508], with respect to encouraging the development of an
    international inventory of equipment and personnel, is delegated to
    the Secretary of the Department in which the Coast Guard is
    operating, in consultation with the Secretary of State.
      (e) The functions vested in the President by Section 4113 of OPA
    [104 Stat. 516], respecting a study on the use of liners or other
    secondary means of containment for onshore facilities, and the
    implementation of the recommendations of the study, are delegated
    to the Administrator.
      (f) The function vested in the President by Section 5002(c)(2)(D)
    of OPA [33 U.S.C. 2732(c)(2)(D)], respecting the designating of an
    employee of the Federal Government who shall represent the Federal
    Government on the Oil Terminal Facilities and Oil Tanker Operations
    Associations, is delegated to the Secretary of the Department in
    which the Coast Guard is operating.
      (g) The functions vested in the President by Section 5002(o) of
    OPA, respecting the annual certification of alternative voluntary
    advisory groups, are delegated to the Secretary of the Department
    in which the Coast Guard is operating.
      (h) The function vested in the President by Section 7001(a)(3) of
    OPA [33 U.S.C. 2761(a)(3)], respecting the appointment of Federal
    agencies to membership on the Interagency Coordinating Committee on
    Oil Pollution Research, is delegated to the Secretary of the
    Department in which the Coast Guard is operating.
      (i) Executive Order No. 11735 of August 3, 1973, Executive Order
    No. 12123 of February 26, 1979, Executive Order No. 12418 of May 5,
    1983 and the memorandum of August 24, 1990, delegating certain
    authorities of the President under the Oil Pollution Act of 1990
    are revoked.
      Sec. 9. Consultation. Authorities and functions delegated or
    assigned by this order shall be exercised subject to consultation
    with the Secretaries of departments and the heads of agencies with
    statutory responsibilities which may be significantly affected,
    including, but not limited to, the Department of Justice.
      Sec. 10. Litigation. (a) Notwithstanding any other provision of
    this order, any representation pursuant to or under this order in
    any judicial proceedings shall be by or through the Attorney
    General. The conduct and control of all litigation arising under
    the Oil Pollution Act of 1990 [see Short Title note set out under
    section 2701 of this title] shall be the responsibility of the
    Attorney General.
      (b) Notwithstanding any other provision of this order, the
    authority under the Oil Pollution Act of 1990 to require the
    Attorney General to commence litigation is retained by the
    President.
      (c) Notwithstanding any other provision of this order, the
    Secretaries of the Departments of Transportation, Commerce,
    Interior, Agriculture, the Secretary of the Department in which the
    Coast Guard is operating, and/or the Administrator of the
    Environmental Protection Agency may request that the Attorney
    General commence litigation under the Oil Pollution Act of 1990.
      (d) The Attorney General, in his discretion, is authorized to
    require that, with respect to a particular oil spill, an agency
    refrain from taking administrative enforcement action without first
    consulting with the Attorney General.
-FOOTNOTE-
    (!1) So in original.
    (!2) See References in Text note below.
-End-
-CITE-
    33 USC Sec. 1322                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-HEAD-
    Sec. 1322. Marine sanitation devices
-STATUTE-
    (a) Definitions
      For the purpose of this section, the term -
        (1) "new vessel" includes every description of watercraft or
      other artificial contrivance used, or capable of being used, as a
      means of transportation on the navigable waters, the construction
      of which is initiated after promulgation of standards and
      regulations under this section;
        (2) "existing vessel" includes every description of watercraft
      or other artificial contrivance used, or capable of being used,
      as a means of transportation on the navigable waters, the
      construction of which is initiated before promulgation of
      standards and regulations under this section;
        (3) "public vessel" means a vessel owned or bareboat chartered
      and operated by the United States, by a State or political
      subdivision thereof, or by a foreign nation, except when such
      vessel is engaged in commerce;
        (4) "United States" includes the States, the District of
      Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
      Guam, American Samoa, the Canal Zone, and the Trust Territory of
      the Pacific Islands;
        (5) "marine sanitation device" includes any equipment for
      installation on board a vessel which is designed to receive,
      retain, treat, or discharge sewage, and any process to treat such
      sewage;
        (6) "sewage" means human body wastes and the wastes from
      toilets and other receptacles intended to receive or retain body
      wastes except that, with respect to commercial vessels on the
      Great Lakes, such term shall include graywater;
        (7) "manufacturer" means any person engaged in the
      manufacturing, assembling, or importation of marine sanitation
      devices or of vessels subject to standards and regulations
      promulgated under this section;
        (8) "person" means an individual, partnership, firm,
      corporation, association, or agency of the United States, but
      does not include an individual on board a public vessel;
        (9) "discharge" includes, but is not limited to, any spilling,
      leaking, pumping, pouring, emitting, emptying or dumping;
        (10) "commercial vessels" means those vessels used in the
      business of transporting property for compensation or hire, or in
      transporting property in the business of the owner, lessee, or
      operator of the vessel;
        (11) "graywater" means galley, bath, and shower water;
        (12) "discharge incidental to the normal operation of a vessel"
      -
          (A) means a discharge, including -
            (i) graywater, bilge water, cooling water, weather deck
          runoff, ballast water, oil water separator effluent, and any
          other pollutant discharge from the operation of a marine
          propulsion system, shipboard maneuvering system, crew
          habitability system, or installed major equipment, such as an
          aircraft carrier elevator or a catapult, or from a
          protective, preservative, or absorptive application to the
          hull of the vessel; and
            (ii) a discharge in connection with the testing,
          maintenance, and repair of a system described in clause (i)
          whenever the vessel is waterborne; and
          (B) does not include -
            (i) a discharge of rubbish, trash, garbage, or other such
          material discharged overboard;
            (ii) an air emission resulting from the operation of a
          vessel propulsion system, motor driven equipment, or
          incinerator; or
            (iii) a discharge that is not covered by part 122.3 of
          title 40, Code of Federal Regulations (as in effect on
          February 10, 1996);
        (13) "marine pollution control device" means any equipment or
      management practice, for installation or use on board a vessel of
      the Armed Forces, that is -
          (A) designed to receive, retain, treat, control, or discharge
        a discharge incidental to the normal operation of a vessel; and
          (B) determined by the Administrator and the Secretary of
        Defense to be the most effective equipment or management
        practice to reduce the environmental impacts of the discharge
        consistent with the considerations set forth in subsection
        (n)(2)(B) of this section; and
        (14) "vessel of the Armed Forces" means -
          (A) any vessel owned or operated by the Department of
        Defense, other than a time or voyage chartered vessel; and
          (B) any vessel owned or operated by the Department of
        Transportation that is designated by the Secretary of the
        department in which the Coast Guard is operating as a vessel
        equivalent to a vessel described in subparagraph (A).
    (b) Federal standards of performance
      (1) As soon as possible, after October 18, 1972, and subject to
    the provisions of section 1254(j) of this title, the Administrator,
    after consultation with the Secretary of the department in which
    the Coast Guard is operating, after giving appropriate
    consideration to the economic costs involved, and within the limits
    of available technology, shall promulgate Federal standards of
    performance for marine sanitation devices (hereafter in this
    section referred to as "standards") which shall be designed to
    prevent the discharge of untreated or inadequately treated sewage
    into or upon the navigable waters from new vessels and existing
    vessels, except vessels not equipped with installed toilet
    facilities. Such standards and standards established under
    subsection (c)(1)(B) of this section shall be consistent with
    maritime safety and the marine and navigation laws and regulations
    and shall be coordinated with the regulations issued under this
    subsection by the Secretary of the department in which the Coast
    Guard is operating. The Secretary of the department in which the
    Coast Guard is operating shall promulgate regulations, which are
    consistent with standards promulgated under this subsection and
    subsection (c) of this section and with maritime safety and the
    marine and navigation laws and regulations governing the design,
    construction, installation, and operation of any marine sanitation
    device on board such vessels.
      (2) Any existing vessel equipped with a marine sanitation device
    on the date of promulgation of initial standards and regulations
    under this section, which device is in compliance with such initial
    standards and regulations, shall be deemed in compliance with this
    section until such time as the device is replaced or is found not
    to be in compliance with such initial standards and regulations.
    (c) Initial standards; effective dates; revision; waiver
      (1)(A) Initial standards and regulations under this section shall
    become effective for new vessels two years after promulgation; and
    for existing vessels five years after promulgation. Revisions of
    standards and regulations shall be effective upon promulgation,
    unless another effective date is specified, except that no revision
    shall take effect before the effective date of the standard or
    regulation being revised.
      (B) The Administrator shall, with respect to commercial vessels
    on the Great Lakes, establish standards which require at a minimum
    the equivalent of secondary treatment as defined under section
    1314(d) of this title. Such standards and regulations shall take
    effect for existing vessels after such time as the Administrator
    determines to be reasonable for the upgrading of marine sanitation
    devices to attain such standard.
      (2) The Secretary of the department in which the Coast Guard is
    operating with regard to his regulatory authority established by
    this section, after consultation with the Administrator, may
    distinguish among classes, type, and sizes of vessels as well as
    between new and existing vessels, and may waive applicability of
    standards and regulations as necessary or appropriate for such
    classes, types, and sizes of vessels (including existing vessels
    equipped with marine sanitation devices on the date of promulgation
    of the initial standards required by this section), and, upon
    application, for individual vessels.
    (d) Vessels owned and operated by the United States
      The provisions of this section and the standards and regulations
    promulgated hereunder apply to vessels owned and operated by the
    United States unless the Secretary of Defense finds that compliance
    would not be in the interest of national security. With respect to
    vessels owned and operated by the Department of Defense,
    regulations under the last sentence of subsection (b)(1) of this
    section and certifications under subsection (g)(2) of this section
    shall be promulgated and issued by the Secretary of Defense.
    (e) Pre-promulgation consultation
      Before the standards and regulations under this section are
    promulgated, the Administrator and the Secretary of the department
    in which the Coast Guard is operating shall consult with the
    Secretary of State; the Secretary of Health and Human Services; the
    Secretary of Defense; the Secretary of the Treasury; the Secretary
    of Commerce; other interested Federal agencies; and the States and
    industries interested; and otherwise comply with the requirements
    of section 553 of title 5.
    (f) Regulation by States or political subdivisions thereof;
      complete prohibition upon discharge of sewage
      (1)(A) Except as provided in subparagraph (B), after the
    effective date of the initial standards and regulations promulgated
    under this section, no State or political subdivision thereof shall
    adopt or enforce any statute or regulation of such State or
    political subdivision with respect to the design, manufacture, or
    installation or use of any marine sanitation device on any vessel
    subject to the provisions of this section.
      (B) A State may adopt and enforce a statute or regulation with
    respect to the design, manufacture, or installation or use of any
    marine sanitation device on a houseboat, if such statute or
    regulation is more stringent than the standards and regulations
    promulgated under this section. For purposes of this paragraph, the
    term "houseboat" means a vessel which, for a period of time
    determined by the State in which the vessel is located, is used
    primarily as a residence and is not used primarily as a means of
    transportation.
      (2) If, after promulgation of the initial standards and
    regulations and prior to their effective date, a vessel is equipped
    with a marine sanitation device in compliance with such standards
    and regulations and the installation and operation of such device
    is in accordance with such standards and regulations, such
    standards and regulations shall, for the purposes of paragraph (1)
    of this subsection, become effective with respect to such vessel on
    the date of such compliance.
      (3) After the effective date of the initial standards and
    regulations promulgated under this section, if any State determines
    that the protection and enhancement of the quality of some or all
    of the waters within such State require greater environmental
    protection, such State may completely prohibit the discharge from
    all vessels of any sewage, whether treated or not, into such
    waters, except that no such prohibition shall apply until the
    Administrator determines that adequate facilities for the safe and
    sanitary removal and treatment of sewage from all vessels are
    reasonably available for such water to which such prohibition would
    apply. Upon application of the State, the Administrator shall make
    such determination within 90 days of the date of such application.
      (4)(A) If the Administrator determines upon application by a
    State that the protection and enhancement of the quality of
    specified waters within such State requires such a prohibition, he
    shall by regulation completely prohibit the discharge from a vessel
    of any sewage (whether treated or not) into such waters.
      (B) Upon application by a State, the Administrator shall, by
    regulation, establish a drinking water intake zone in any waters
    within such State and prohibit the discharge of sewage from vessels
    within that zone.
    (g) Sales limited to certified devices; certification of test
      device; recordkeeping; reports
      (1) No manufacturer of a marine sanitation device shall sell,
    offer for sale, or introduce or deliver for introduction in
    interstate commerce, or import into the United States for sale or
    resale any marine sanitation device manufactured after the
    effective date of the standards and regulations promulgated under
    this section unless such device is in all material respects
    substantially the same as a test device certified under this
    subsection.
      (2) Upon application of the manufacturer, the Secretary of the
    department in which the Coast Guard is operating shall so certify a
    marine sanitation device if he determines, in accordance with the
    provisions of this paragraph, that it meets the appropriate
    standards and regulations promulgated under this section. The
    Secretary of the department in which the Coast Guard is operating
    shall test or require such testing of the device in accordance with
    procedures set forth by the Administrator as to standards of
    performance and for such other purposes as may be appropriate. If
    the Secretary of the department in which the Coast Guard is
    operating determines that the device is satisfactory from the
    standpoint of safety and any other requirements of maritime law or
    regulation, and after consideration of the design, installation,
    operation, material, or other appropriate factors, he shall certify
    the device. Any device manufactured by such manufacturer which is
    in all material respects substantially the same as the certified
    test device shall be deemed to be in conformity with the
    appropriate standards and regulations established under this
    section.
      (3) Every manufacturer shall establish and maintain such records,
    make such reports, and provide such information as the
    Administrator or the Secretary of the department in which the Coast
    Guard is operating may reasonably require to enable him to
    determine whether such manufacturer has acted or is acting in
    compliance with this section and regulations issued thereunder and
    shall, upon request of an officer or employee duly designated by
    the Administrator or the Secretary of the department in which the
    Coast Guard is operating, permit such officer or employee at
    reasonable times to have access to and copy such records. All
    information reported to or otherwise obtained by the Administrator
    or the Secretary of the Department in which the Coast Guard is
    operating or their representatives pursuant to this subsection
    which contains or relates to a trade secret or other matter
    referred to in section 1905 of title 18 shall be considered
    confidential for the purpose of that section, except that such
    information may be disclosed to other officers or employees
    concerned with carrying out this section. This paragraph shall not
    apply in the case of the construction of a vessel by an individual
    for his own use.
    (h) Sale and resale of properly equipped vessels; operability of
      certified marine sanitation devices
      After the effective date of standards and regulations promulgated
    under this section, it shall be unlawful -
        (1) for the manufacturer of any vessel subject to such
      standards and regulations to manufacture for sale, to sell or
      offer for sale, or to distribute for sale or resale any such
      vessel unless it is equipped with a marine sanitation device
      which is in all material respects substantially the same as the
      appropriate test device certified pursuant to this section;
        (2) for any person, prior to the sale or delivery of a vessel
      subject to such standards and regulations to the ultimate
      purchaser, wrongfully to remove or render inoperative any
      certified marine sanitation device or element of design of such
      device installed in such vessel;
        (3) for any person to fail or refuse to permit access to or
      copying of records or to fail to make reports or provide
      information required under this section; and
        (4) for a vessel subject to such standards and regulations to
      operate on the navigable waters of the United States, if such
      vessel is not equipped with an operable marine sanitation device
      certified pursuant to this section.
    (i) Jurisdiction to restrain violations; contempts
      The district courts of the United States shall have jurisdictions
    to restrain violations of subsection (g)(1) of this section and
    subsections (h)(1) through (3) of this section. Actions to restrain
    such violations shall be brought by, and in, the name of the United
    States. In case of contumacy or refusal to obey a subpena served
    upon any person under this subsection, the district court of the
    United States for any district in which such person is found or
    resides or transacts business, upon application by the United
    States and after notice to such person, shall have jurisdiction to
    issue an order requiring such person to appear and give testimony
    or to appear and produce documents, and any failure to obey such
    order of the court may be punished by such court as a contempt
    thereof.
    (j) Penalties
      Any person who violates subsection (g)(1) of this section, clause
    (1) or (2) of subsection (h) of this section, or subsection (n)(8)
    of this section shall be liable to a civil penalty of not more than
    $5,000 for each violation. Any person who violates clause (4) of
    subsection (h) of this section or any regulation issued pursuant to
    this section shall be liable to a civil penalty of not more than
    $2,000 for each violation. Each violation shall be a separate
    offense. The Secretary of the department in which the Coast Guard
    is operating may assess and compromise any such penalty. No penalty
    shall be assessed until the person charged shall have been given
    notice and an opportunity for a hearing on such charge. In
    determining the amount of the penalty, or the amount agreed upon in
    compromise, the gravity of the violation, and the demonstrated good
    faith of the person charged in attempting to achieve rapid
    compliance, after notification of a violation, shall be considered
    by said Secretary.
    (k) Enforcement authority
      The provisions of this section shall be enforced by the Secretary
    of the department in which the Coast Guard is operating and he may
    utilize by agreement, with or without reimbursement, law
    enforcement officers or other personnel and facilities of the
    Administrator, other Federal agencies, or the States to carry out
    the provisions of this section. The provisions of this section may
    also be enforced by a State.
    (l) Boarding and inspection of vessels; execution of warrants and
      other process
      Anyone authorized by the Secretary of the department in which the
    Coast Guard is operating to enforce the provisions of this section
    may, except as to public vessels, (1) board and inspect any vessel
    upon the navigable waters of the United States and (2) execute any
    warrant or other process issued by an officer or court of competent
    jurisdiction.
    (m) Enforcement in United States possessions
      In the case of Guam and the Trust Territory of the Pacific
    Islands, actions arising under this section may be brought in the
    district court of Guam, and in the case of the Virgin Islands such
    actions may be brought in the district court of the Virgin Islands.
    In the case of American Samoa and the Trust Territory of the
    Pacific Islands, such actions may be brought in the District Court
    of the United States for the District of Hawaii and such court
    shall have jurisdiction of such actions. In the case of the Canal
    Zone, such actions may be brought in the District Court for the
    District of the Canal Zone.
    (n) Uniform national discharge standards for vessels of Armed
      Forces
      (1) Applicability
        This subsection shall apply to vessels of the Armed Forces and
      discharges, other than sewage, incidental to the normal operation
      of a vessel of the Armed Forces, unless the Secretary of Defense
      finds that compliance with this subsection would not be in the
      national security interests of the United States.
      (2) Determination of discharges required to be controlled by
        marine pollution control devices
        (A) In general
          The Administrator and the Secretary of Defense, after
        consultation with the Secretary of the department in which the
        Coast Guard is operating, the Secretary of Commerce, and
        interested States, shall jointly determine the discharges
        incidental to the normal operation of a vessel of the Armed
        Forces for which it is reasonable and practicable to require
        use of a marine pollution control device to mitigate adverse
        impacts on the marine environment. Notwithstanding subsection
        (a)(1) of section 553 of title 5, the Administrator and the
        Secretary of Defense shall promulgate the determinations in
        accordance with such section. The Secretary of Defense shall
        require the use of a marine pollution control device on board a
        vessel of the Armed Forces in any case in which it is
        determined that the use of such a device is reasonable and
        practicable.
        (B) Considerations
          In making a determination under subparagraph (A), the
        Administrator and the Secretary of Defense shall take into
        consideration -
            (i) the nature of the discharge;
            (ii) the environmental effects of the discharge;
            (iii) the practicability of using the marine pollution
          control device;
            (iv) the effect that installation or use of the marine
          pollution control device would have on the operation or
          operational capability of the vessel;
            (v) applicable United States law;
            (vi) applicable international standards; and
            (vii) the economic costs of the installation and use of the
          marine pollution control device.
      (3) Performance standards for marine pollution control devices
        (A) In general
          For each discharge for which a marine pollution control
        device is determined to be required under paragraph (2), the
        Administrator and the Secretary of Defense, in consultation
        with the Secretary of the department in which the Coast Guard
        is operating, the Secretary of State, the Secretary of
        Commerce, other interested Federal agencies, and interested
        States, shall jointly promulgate Federal standards of
        performance for each marine pollution control device required
        with respect to the discharge. Notwithstanding subsection
        (a)(1) of section 553 of title 5, the Administrator and the
        Secretary of Defense shall promulgate the standards in
        accordance with such section.
        (B) Considerations
          In promulgating standards under this paragraph, the
        Administrator and the Secretary of Defense shall take into
        consideration the matters set forth in paragraph (2)(B).
        (C) Classes, types, and sizes of vessels
          The standards promulgated under this paragraph may -
            (i) distinguish among classes, types, and sizes of vessels;
            (ii) distinguish between new and existing vessels; and
            (iii) provide for a waiver of the applicability of the
          standards as necessary or appropriate to a particular class,
          type, age, or size of vessel.
      (4) Regulations for use of marine pollution control devices
        The Secretary of Defense, after consultation with the
      Administrator and the Secretary of the department in which the
      Coast Guard is operating, shall promulgate such regulations
      governing the design, construction, installation, and use of
      marine pollution control devices on board vessels of the Armed
      Forces as are necessary to achieve the standards promulgated
      under paragraph (3).
      (5) Deadlines; effective date
        (A) Determinations
          The Administrator and the Secretary of Defense shall -
            (i) make the initial determinations under paragraph (2) not
          later than 2 years after February 10, 1996; and
            (ii) every 5 years -
              (I) review the determinations; and
              (II) if necessary, revise the determinations based on
            significant new information.
        (B) Standards
          The Administrator and the Secretary of Defense shall -
            (i) promulgate standards of performance for a marine
          pollution control device under paragraph (3) not later than 2
          years after the date of a determination under paragraph (2)
          that the marine pollution control device is required; and
            (ii) every 5 years -
              (I) review the standards; and
              (II) if necessary, revise the standards, consistent with
            paragraph (3)(B) and based on significant new information.
        (C) Regulations
          The Secretary of Defense shall promulgate regulations with
        respect to a marine pollution control device under paragraph
        (4) as soon as practicable after the Administrator and the
        Secretary of Defense promulgate standards with respect to the
        device under paragraph (3), but not later than 1 year after the
        Administrator and the Secretary of Defense promulgate the
        standards. The regulations promulgated by the Secretary of
        Defense under paragraph (4) shall become effective upon
        promulgation unless another effective date is specified in the
        regulations.
        (D) Petition for review
          The Governor of any State may submit a petition requesting
        that the Secretary of Defense and the Administrator review a
        determination under paragraph (2) or a standard under paragraph
        (3), if there is significant new information, not considered
        previously, that could reasonably result in a change to the
        particular determination or standard after consideration of the
        matters set forth in paragraph (2)(B). The petition shall be
        accompanied by the scientific and technical information on
        which the petition is based. The Administrator and the
        Secretary of Defense shall grant or deny the petition not later
        than 2 years after the date of receipt of the petition.
      (6) Effect on other laws
        (A) Prohibition on regulation by States or political
          subdivisions of States
          Beginning on the effective date of -
            (i) a determination under paragraph (2) that it is not
          reasonable and practicable to require use of a marine
          pollution control device regarding a particular discharge
          incidental to the normal operation of a vessel of the Armed
          Forces; or
            (ii) regulations promulgated by the Secretary of Defense
          under paragraph (4);
        except as provided in paragraph (7), neither a State nor a
        political subdivision of a State may adopt or enforce any
        statute or regulation of the State or political subdivision
        with respect to the discharge or the design, construction,
        installation, or use of any marine pollution control device
        required to control discharges from a vessel of the Armed
        Forces.
        (B) Federal laws
          This subsection shall not affect the application of section
        1321 of this title to discharges incidental to the normal
        operation of a vessel.
      (7) Establishment of State no-discharge zones
        (A) State prohibition
          (i) In general
            After the effective date of -
              (I) a determination under paragraph (2) that it is not
            reasonable and practicable to require use of a marine
            pollution control device regarding a particular discharge
            incidental to the normal operation of a vessel of the Armed
            Forces; or
              (II) regulations promulgated by the Secretary of Defense
            under paragraph (4);
          if a State determines that the protection and enhancement of
          the quality of some or all of the waters within the State
          require greater environmental protection, the State may
          prohibit 1 or more discharges incidental to the normal
          operation of a vessel, whether treated or not treated, into
          the waters. No prohibition shall apply until the
          Administrator makes the determinations described in
          subclauses (II) and (III) of subparagraph (B)(i).
          (ii) Documentation
            To the extent that a prohibition under this paragraph would
          apply to vessels of the Armed Forces and not to other types
          of vessels, the State shall document the technical or
          environmental basis for the distinction.
        (B) Prohibition by the Administrator
          (i) In general
            Upon application of a State, the Administrator shall by
          regulation prohibit the discharge from a vessel of 1 or more
          discharges incidental to the normal operation of a vessel,
          whether treated or not treated, into the waters covered by
          the application if the Administrator determines that -
              (I) the protection and enhancement of the quality of the
            specified waters within the State require a prohibition of
            the discharge into the waters;
              (II) adequate facilities for the safe and sanitary
            removal of the discharge incidental to the normal operation
            of a vessel are reasonably available for the waters to
            which the prohibition would apply; and
              (III) the prohibition will not have the effect of
            discriminating against a vessel of the Armed Forces by
            reason of the ownership or operation by the Federal
            Government, or the military function, of the vessel.
          (ii) Approval or disapproval
            The Administrator shall approve or disapprove an
          application submitted under clause (i) not later than 90 days
          after the date on which the application is submitted to the
          Administrator. Notwithstanding clause (i)(II), the
          Administrator shall not disapprove an application for the
          sole reason that there are not adequate facilities to remove
          any discharge incidental to the normal operation of a vessel
          from vessels of the Armed Forces.
        (C) Applicability to foreign flagged vessels
          A prohibition under this paragraph -
            (i) shall not impose any design, construction, manning, or
          equipment standard on a foreign flagged vessel engaged in
          innocent passage unless the prohibition implements a
          generally accepted international rule or standard; and
            (ii) that relates to the prevention, reduction, and control
          of pollution shall not apply to a foreign flagged vessel
          engaged in transit passage unless the prohibition implements
          an applicable international regulation regarding the
          discharge of oil, oily waste, or any other noxious substance
          into the waters.
      (8) Prohibition relating to vessels of the Armed Forces
        After the effective date of the regulations promulgated by the
      Secretary of Defense under paragraph (4), it shall be unlawful
      for any vessel of the Armed Forces subject to the regulations to -
          (A) operate in the navigable waters of the United States or
        the waters of the contiguous zone, if the vessel is not
        equipped with any required marine pollution control device
        meeting standards established under this subsection; or
          (B) discharge overboard any discharge incidental to the
        normal operation of a vessel in waters with respect to which a
        prohibition on the discharge has been established under
        paragraph (7).
      (9) Enforcement
        This subsection shall be enforceable, as provided in
      subsections (j) and (k) of this section, against any agency of
      the United States responsible for vessels of the Armed Forces
      notwithstanding any immunity asserted by the agency.
-SOURCE-
    (June 30, 1948, ch. 758, title III, Sec. 312, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 871; amended Pub. L. 95-217,
    Sec. 59, Dec. 27, 1977, 91 Stat. 1596; Pub. L. 96-88, title V, Sec.
    509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 100-4, title III, Sec.
    311, Feb. 4, 1987, 101 Stat. 42; Pub. L. 104-106, div. A, title
    III, Sec. 325(b)-(c)(2), Feb. 10, 1996, 110 Stat. 254-259.)
-REFTEXT-
                            REFERENCES IN TEXT
      For definition of Canal Zone, referred to in subsecs. (a)(4) and
    (m), see section 3602(b) of Title 22, Foreign Relations and
    Intercourse.
-MISC1-
                                AMENDMENTS
      1996 - Subsec. (a)(8). Pub. L. 104-106, Sec. 325(c)(1)(A),
    substituted "corporation, association, or agency of the United
    States," for "corporation, or association,".
      Subsec. (a)(12) to (14). Pub. L. 104-106, Sec. 325(c)(1)(B), (C),
    added pars. (12) to (14).
      Subsec. (j). Pub. L. 104-106, Sec. 325(c)(2), substituted
    "subsection (g)(1) of this section, clause (1) or (2) of subsection
    (h) of this section, or subsection (n)(8) of this section shall be
    liable" for "subsection (g)(1) of this section or clause (1) or (2)
    of subsection (h) of this section shall be liable".
      Subsec. (n). Pub. L. 104-106, Sec. 325(b), added subsec. (n).
      1987 - Subsec. (f)(1). Pub. L. 100-4, Sec. 311(a), designated
    existing provision as subpar. (A), substituted "Except as provided
    in subparagraph (B), after" for "After", and added subpar. (B).
      Subsec. (k). Pub. L. 100-4, Sec. 311(b), inserted at end "The
    provisions of this section may also be enforced by a State."
      1977 - Subsec. (a)(6). Pub. L. 95-217, Sec. 59(a), inserted
    "except that, with respect to commercial vessels on the Great
    Lakes, such term shall include graywater" after "receive or retain
    body wastes".
      Subsec. (a)(10), (11). Pub. L. 95-217, Sec. 59(b), added pars.
    (10) and (11).
      Subsec. (b)(1). Pub. L. 95-217, Sec. 59(c), inserted references
    to standards established under subsec. (c)(1)(B) of this section
    and to standards promulgated under subsec. (c) of this section.
      Subsec. (c)(1). Pub. L. 95-217, Sec. 59(d), designated existing
    provisions as subpar. (A) and added subpar. (B).
      Subsec. (f)(4). Pub. L. 95-217, Sec. 59(e), designated existing
    provisions as subpar. (A) and added subpar. (B).
-CHANGE-
                              CHANGE OF NAME
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsec. (e)
    pursuant to section 509(b) of Pub. L. 96-88 which is classified to
    section 3508(b) of Title 20, Education.
-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.
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.
    TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE
                                CANAL ZONE
      For termination of the United States District Court for the
    District of the Canal Zone at end of the "transition period", being
    the 30-month period beginning Oct. 1, 1979, and ending midnight
    Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal
    Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70,
    title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to
    sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign
    Relations and Intercourse.
-MISC2-
                         PURPOSE OF 1996 AMENDMENT
      Section 325(a) of Pub. L. 104-106 provided that: "The purposes of
    this section [amending this section and section 1362 of this title
    and enacting provisions set out as a note below] are to -
        "(1) enhance the operational flexibility of vessels of the
      Armed Forces domestically and internationally;
        "(2) stimulate the development of innovative vessel pollution
      control technology; and
        "(3) advance the development by the United States Navy of
      environmentally sound ships."
          COOPERATION IN NATIONAL DISCHARGE STANDARDS DEVELOPMENT
      Section 325(d) of Pub. L. 104-106 provided that: "The
    Administrator of the Environmental Protection Agency and the
    Secretary of Defense may, by mutual agreement, with or without
    reimbursement, provide for the use of information, reports,
    personnel, or other resources of the Environmental Protection
    Agency or the Department of Defense to carry out section 312(n) of
    the Federal Water Pollution Control Act [33 U.S.C. 1322(n)] (as
    added by subsection (b)), including the use of the resources -
        "(1) to determine -
          "(A) the nature and environmental effect of discharges
        incidental to the normal operation of a vessel of the Armed
        Forces;
          "(B) the practicability of using marine pollution control
        devices on vessels of the Armed Forces; and
          "(C) the effect that installation or use of marine pollution
        control devices on vessels of the Armed Forces would have on
        the operation or operational capability of the vessels; and
        "(2) to establish performance standards for marine pollution
      control devices on vessels of the Armed Forces."
                               CLEAN VESSELS
      Pub. L. 102-587, title V, subtitle F, Nov. 4, 1992, 106 Stat.
    5086, as amended by Pub. L. 109-59, title X, Sec. 10131, Aug. 10,
    2005, 119 Stat. 1931, provided that:
      "SEC. 5601. SHORT TITLE.
      "This subtitle may be cited as the 'Clean Vessel Act of 1992'.
      "SEC. 5602. FINDINGS; PURPOSE.
      "(a) Findings. - The Congress finds the following:
        "(1) The discharge of untreated sewage by vessels is prohibited
      under Federal law in all areas within the navigable waters of the
      United States.
        "(2) The discharge of treated sewage by vessels is prohibited
      under either Federal or State law in many of the United States
      bodies of water where recreational boaters operate.
        "(3) There is currently an inadequate number of pumpout
      stations for type III marine sanitation devices where
      recreational vessels normally operate.
        "(4) Sewage discharged by recreational vessels because of an
      inadequate number of pumpout stations is a substantial
      contributor to localized degradation of water quality in the
      United States.
      "(b) Purpose. - The purpose of this subtitle is to provide funds
    to States for the construction, renovation, operation, and
    maintenance of pumpout stations and waste reception facilities.
      "SEC. 5603. DETERMINATION AND PLAN REGARDING STATE MARINE
        SANITATION DEVICE PUMPOUT STATION NEEDS.
      "(a) Survey. - Within 3 months after the notification under
    section 5605(b), each coastal State shall conduct a survey to
    determine -
        "(1) the number and location of all operational pumpout
      stations and waste reception facilities at public and private
      marinas, mooring areas, docks, and other boating access
      facilities within the coastal zone of the State; and
        "(2) the number of recreational vessels in the coastal waters
      of the State with type III marine sanitation devices or portable
      toilets, and the areas of those coastal waters where those
      vessels congregate.
      "(b) Plan. - Within 6 months after the notification under section
    5605(b), and based on the survey conducted under subsection (a),
    each coastal State shall -
        "(1) develop and submit to the Secretary of the Interior a plan
      for any construction or renovation of pumpout stations and waste
      reception facilities that are necessary to ensure that, based on
      the guidance issued under section 5605(a), there are pumpout
      stations and waste reception facilities in the State that are
      adequate and reasonably available to meet the needs of
      recreational vessels using the coastal waters of the State; and
        "(2) submit to the Secretary of the Interior with that plan a
      list of all stations and facilities in the coastal zone of the
      State which are operational on the date of submittal.
      "(c) Plan Approval. -
        "(1) In general. - Not later than 60 days after a plan is
      submitted by a State under subsection (b), the Secretary of the
      Interior shall approve or disapprove the plan, based on -
          "(A) the adequacy of the survey conducted by the State under
        subsection (a); and
          "(B) the ability of the plan, based on the guidance issued
        under section 5605(a), to meet the construction and renovation
        needs of the recreational vessels identified in the survey.
        "(2) Notification of state; modification. - The Secretary of
      the Interior shall promptly notify the affected Governor of the
      approval or disapproval of a plan. If a plan is disapproved, the
      Secretary of the Interior shall recommend necessary modifications
      and return the plan to the affected Governor.
        "(3) Resubmittal. - Not later than 60 days after receiving a
      plan returned by the Secretary of the Interior, the Governor
      shall make the appropriate changes and resubmit the plan.
      "(d) Indication of Stations and Facilities on NOAA Charts. -
        "(1) In general. - The Under Secretary of Commerce for Oceans
      and Atmosphere shall indicate, on charts published by the
      National Oceanic and Atmospheric Administration for the use of
      operators of recreational vessels, the locations of pumpout
      stations and waste reception facilities.
        "(2) Notification of NOAA. -
          "(A) Lists of stations and facilities. - The Secretary of the
        Interior shall transmit to the Under Secretary of Commerce for
        Oceans and Atmosphere each list of operational stations and
        facilities submitted by a State under subsection (b)(2), by not
        later than 30 days after the date of receipt of that list.
          "(B) Completion of project. - The Director of the United
        States Fish and Wildlife Service shall notify the Under
        Secretary of the location of each station or facility at which
        a construction or renovation project is completed by a State
        with amounts made available under the Act of August 9, 1950 (16
        U.S.C. 777a et seq. [16 U.S.C. 777 et seq.]), as amended by
        this subtitle, by not later than 30 days after the date of
        notification by a State of the completion of the project.
      "SEC. 5604. FUNDING.
      "(a) Transfer. - [Amended section 777c of Title 16,
    Conservation.]
      "(b) Access Increase. - [Amended section 777g of Title 16,
    Conservation.]
      "(c) Grant Program. -
        "(1) Matching grants. - The Secretary of the Interior may
      obligate an amount not to exceed the amount made available under
      section 4(b)(2) of the Act of August 9, 1950 (16 U.S.C.
      777c(b)(2), as amended by this Act), to make grants to -
          "(A) coastal States to pay not more than 75 percent of the
        cost to a coastal State of -
            "(i) conducting a survey under section 5603(a);
            "(ii) developing and submitting a plan and accompanying
          list under section 5603(b);
            "(iii) constructing and renovating pumpout stations and
          waste reception facilities; and
            "(iv) conducting a program to educate recreational boaters
          about the problem of human body waste discharges from vessels
          and inform them of the location of pumpout stations and waste
          reception facilities.
          "(B) inland States, which can demonstrate to the Secretary of
        the Interior that there are an inadequate number of pumpout
        stations and waste reception facilities to meet the needs of
        recreational vessels in the waters of that State, to pay 75
        percent of the cost to that State of -
            "(i) constructing and renovating pumpout stations and waste
          reception facilities in the inland State; and
            "(ii) conducting a program to educate recreational boaters
          about the problem of human body waste discharges from vessels
          and inform them of the location of pumpout stations and waste
          reception facilities.
        "(2) Priority. - In awarding grants under this subsection, the
      Secretary of the Interior shall give priority consideration to
      grant applications that -
          "(A) provide for public/private partnership efforts to
        develop and operate pumpout stations and waste reception
        facilities; and
          "(B) propose innovative ways to increase the availability and
        use of pumpout stations and waste reception facilities.
      "(d) Disclaimer. - Nothing in this subtitle shall be interpreted
    to preclude a State from carrying out the provisions of this
    subtitle with funds other than those described in this section.
      "SEC. 5605. GUIDANCE AND NOTIFICATION.
      "(a) Issuance of Guidance. - Not later than 3 months after the
    date of the enactment of this subtitle [Nov. 4, 1992], the
    Secretary of the Interior shall, after consulting with the
    Administrator of the Environmental Protection Agency, the Under
    Secretary of Commerce for Oceans and Atmosphere, and the Commandant
    of the Coast Guard, issue for public comment pumpout station and
    waste reception facility guidance. The Secretary of the Interior
    shall finalize the guidance not later than 6 months after the date
    of enactment of this subtitle. The guidance shall include -
        "(1) guidance regarding the types of pumpout stations and waste
      reception facilities that may be appropriate for construction,
      renovation, operation, or maintenance with amounts available
      under the Act of August 9, 1950 (16 U.S.C. 777a et seq. [16
      U.S.C. 777 et seq.]), as amended by this subtitle, and
      appropriate location of the stations and facilities within a
      marina or boatyard;
        "(2) guidance defining what constitutes adequate and reasonably
      available pumpout stations and waste reception facilities in
      boating areas;
        "(3) guidance on appropriate methods for disposal of vessel
      sewage from pumpout stations and waste reception facilities;
        "(4) guidance on appropriate connector fittings to facilitate
      the sanitary and expeditious discharge of sewage from vessels;
        "(5) guidance on the waters most likely to be affected by the
      discharge of sewage from vessels; and
        "(6) other information that is considered necessary to promote
      the establishment of pumpout facilities to reduce sewage
      discharges from vessels and to protect United States waters.
      "(b) Notification. - Not later than one month after the guidance
    issued under subsection (a) is finalized, the Secretary of the
    Interior shall provide notification in writing to the fish and
    wildlife, water pollution control, and coastal zone management
    authorities of each State, of -
        "(1) the availability of amounts under the Act of August 9,
      1950 (16 U.S.C. 777a et seq. [16 U.S.C. 777 et seq.]) to
      implement the Clean Vessel Act of 1992; and
        "(2) the guidance developed under subsection (a).
      "SEC. 5606. EFFECT ON STATE FUNDING ELIGIBILITY.
      "This subtitle shall not be construed or applied to jeopardize
    any funds available to a coastal State under the Act of August 9,
    1950 (16 U.S.C. 777a et seq. [16 U.S.C. 777 et seq.]), if the
    coastal State is, in good faith, pursuing a survey and plan
    designed to meet the purposes of this subtitle.
      "SEC. 5607. APPLICABILITY.
      "The requirements of section 5603 shall not apply to a coastal
    State if within six months after the date of enactment of this
    subtitle [Nov. 4, 1992] the Secretary of the Interior certifies
    that -
        "(1) the State has developed and is implementing a plan that
      will ensure that there will be pumpout stations and waste
      reception facilities adequate to meet the needs of recreational
      vessels in the coastal waters of the State; or
        "(2) existing pumpout stations and waste reception facilities
      in the coastal waters of the State are adequate to meet those
      needs.
      "SEC. 5608. DEFINITIONS.
      "For the purposes of this subtitle the term:
        "(1) 'coastal State' -
          "(A) means a State of the United States in, or bordering on
        the Atlantic, Pacific, or Arctic Ocean; the Gulf of Mexico;
        Long Island Sound; or one or more of the Great Lakes;
          "(B) includes Puerto Rico, the Virgin Islands, Guam, the
        Commonwealth of the Northern Mariana Islands, and American
        Samoa; and
          "(C) does not include a State for which the ratio of the
        number of recreational vessels in the State numbered under
        chapter 123 of title 46, United States Code, to number of miles
        of shoreline (as that term is defined in section 926.2(d) of
        title 15, Code of Federal Regulations, as in effect on January
        1, 1991), is less than one.
        "(2) 'coastal waters' means -
          "(A) in the Great Lakes area, the waters within the
        territorial jurisdiction of the United States consisting of the
        Great Lakes, their connecting waters, harbors, roadsteads, and
        estuary-type areas such as bays, shallows, and marshes; and
          "(B) in other areas, those waters, adjacent to the
        shorelines, which contain a measurable percentage of sea water,
        including sounds, bay, lagoons, bayous, ponds, and estuaries.
        "(3) 'coastal zone' has the same meaning that term has in
      section 304(1) of the Coastal Zone Management Act of 1972 (16
      U.S.C. 1453(1));
        "(4) 'inland State' means a State which is not a coastal state;
        "(5) 'type III marine sanitation device' means any equipment
      for installation on board a vessel which is specifically designed
      to receive, retain, and discharge human body wastes;
        "(6) 'pumpout station' means a facility that pumps or receives
      human body wastes out of type III marine sanitation devices
      installed on board vessels;
        "(7) 'recreational vessel' means a vessel -
          "(A) manufactured for operation, or operated, primarily for
        pleasure; or
          "(B) leased, rented, or chartered to another for the latter's
        pleasure; and
        "(8) 'waste reception facility' means a facility specifically
      designed to receive wastes from portable toilets carried on
      vessels, and does not include lavatories."
-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.
-End-
-CITE-
    33 USC Sec. 1323                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-HEAD-
    Sec. 1323. Federal facilities pollution control
-STATUTE-
      (a) Each department, agency, or instrumentality of the executive,
    legislative, and judicial branches of the Federal Government (1)
    having jurisdiction over any property or facility, or (2) engaged
    in any activity resulting, or which may result, in the discharge or
    runoff of pollutants, and each officer, agent, or employee thereof
    in the performance of his official duties, shall be subject to, and
    comply with, all Federal, State, interstate, and local
    requirements, administrative authority, and process and sanctions
    respecting the control and abatement of water pollution in the same
    manner, and to the same extent as any nongovernmental entity
    including the payment of reasonable service charges. The preceding
    sentence shall apply (A) to any requirement whether substantive or
    procedural (including any recordkeeping or reporting requirement,
    any requirement respecting permits and any other requirement,
    whatsoever), (B) to the exercise of any Federal, State, or local
    administrative authority, and (C) to any process and sanction,
    whether enforced in Federal, State, or local courts or in any other
    manner. This subsection shall apply notwithstanding any immunity of
    such agencies, officers, agents, or employees under any law or rule
    of law. Nothing in this section shall be construed to prevent any
    department, agency, or instrumentality of the Federal Government,
    or any officer, agent, or employee thereof in the performance of
    his official duties, from removing to the appropriate Federal
    district court any proceeding to which the department, agency, or
    instrumentality or officer, agent, or employee thereof is subject
    pursuant to this section, and any such proceeding may be removed in
    accordance with section 1441 et seq. of title 28. No officer,
    agent, or employee of the United States shall be personally liable
    for any civil penalty arising from the performance of his official
    duties, for which he is not otherwise liable, and the United States
    shall be liable only for those civil penalties arising under
    Federal law or imposed by a State or local court to enforce an
    order or the process of such court. The President may exempt any
    effluent source of any department, agency, or instrumentality in
    the executive branch from compliance with any such a requirement if
    he determines it to be in the paramount interest of the United
    States to do so; except that no exemption may be granted from the
    requirements of section 1316 or 1317 of this title. No such
    exemptions shall be granted due to lack of appropriation unless the
    President shall have specifically requested such appropriation as a
    part of the budgetary process and the Congress shall have failed to
    make available such requested appropriation. Any exemption shall be
    for a period not in excess of one year, but additional exemptions
    may be granted for periods of not to exceed one year upon the
    President's making a new determination. The President shall report
    each January to the Congress all exemptions from the requirements
    of this section granted during the preceding calendar year,
    together with his reason for granting such exemption. In addition
    to any such exemption of a particular effluent source, the
    President may, if he determines it to be in the paramount interest
    of the United States to do so, issue regulations exempting from
    compliance with the requirements of this section any weaponry,
    equipment, aircraft, vessels, vehicles, or other classes or
    categories of property, and access to such property, which are
    owned or operated by the Armed Forces of the United States
    (including the Coast Guard) or by the National Guard of any State
    and which are uniquely military in nature. The President shall
    reconsider the need for such regulations at three-year intervals.
      (b)(1) The Administrator shall coordinate with the head of each
    department, agency, or instrumentality of the Federal Government
    having jurisdiction over any property or facility utilizing
    federally owned wastewater facilities to develop a program of
    cooperation for utilizing wastewater control systems utilizing
    those innovative treatment processes and techniques for which
    guidelines have been promulgated under section 1314(d)(3) of this
    title. Such program shall include an inventory of property and
    facilities which could utilize such processes and techniques.
      (2) Construction shall not be initiated for facilities for
    treatment of wastewater at any Federal property or facility after
    September 30, 1979, if alternative methods for wastewater treatment
    at such property or facility utilizing innovative treatment
    processes and techniques, including but not limited to methods
    utilizing recycle and reuse techniques and land treatment are not
    utilized, unless the life cycle cost of the alternative treatment
    works exceeds the life cycle cost of the most cost effective
    alternative by more than 15 per centum. The Administrator may waive
    the application of this paragraph in any case where the
    Administrator determines it to be in the public interest, or that
    compliance with this paragraph would interfere with the orderly
    compliance with conditions of a permit issued pursuant to section
    1342 of this title.
-SOURCE-
    (June 30, 1948, ch. 758, title III, Sec. 313, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 875; amended Pub. L. 95-217,
    Secs. 60, 61(a), Dec. 27, 1977, 91 Stat. 1597, 1598.)
-MISC1-
                                AMENDMENTS
      1977 - Subsec. (a). Pub. L. 95-217, Secs. 60, 61(a), designated
    existing provisions as subsec. (a) and inserted provisions making
    officers, agents, or employees of Federal departments, agencies, or
    instrumentalities subject to Federal, State, interstate, and local
    requirements, administrative authority, process, and sanctions
    respecting the control and abatement of water pollution in the same
    manner and to the same extent as non-governmental entities,
    including the payment of reasonable service charges, inserted
    provisions covering Federal employee liability, and inserted
    provisions relating to military source exemptions and the issuance
    of regulations covering those exemptions.
      Subsec. (b). Pub. L. 95-217, Sec. 60, added subsec. (b).
-TRANS-
                           TRANSFER OF FUNCTIONS
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.
-MISC2-
                          MARINE GUIDANCE SYSTEMS
      Pub. L. 105-383, title IV, Sec. 425(b), Nov. 13, 1998, 112 Stat.
    3441, provided that: "The Secretary of Transportation shall, within
    12 months after the date of the enactment of this Act [Nov. 13,
    1998], evaluate and report to the Congress on the suitability of
    marine sector laser lighting, cold cathode lighting, and
    ultraviolet enhanced vision technologies for use in guiding marine
    vessels and traffic."
            FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS
      For provisions relating to the responsibility of the head of each
    Executive agency for compliance with 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.
-EXEC-
                         EXECUTIVE ORDER NO. 11258
      Ex. Ord. No. 11258, Nov. 17, 1965, 30 F.R. 14483, which related
    to prevention, control, and abatement of water pollution by federal
    activities, was superseded by Ex. Ord. No. 11286, July 2, 1966, 31
    F.R. 9261.
                         EXECUTIVE ORDER NO. 11288
      Ex. Ord. No. 11288, July 2, 1966, 31 F.R. 9261, which provided
    for prevention, control, and abatement of water pollution from
    federal activities, was superseded by Ex. Ord. No. 11507, Feb. 4,
    1970, 35 F.R. 2573.
-End-
-CITE-
    33 USC Sec. 1324                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-HEAD-
    Sec. 1324. Clean lakes
-STATUTE-
    (a) Establishment and scope of program
      (1) State program requirements
        Each State on a biennial basis shall prepare and submit to the
      Administrator for his approval -
          (A) an identification and classification according to
        eutrophic condition of all publicly owned lakes in such State;
          (B) a description of procedures, processes, and methods
        (including land use requirements), to control sources of
        pollution of such lakes;
          (C) a description of methods and procedures, in conjunction
        with appropriate Federal agencies, to restore the quality of
        such lakes;
          (D) methods and procedures to mitigate the harmful effects of
        high acidity, including innovative methods of neutralizing and
        restoring buffering capacity of lakes and methods of removing
        from lakes toxic metals and other toxic substances mobilized by
        high acidity;
          (E) a list and description of those publicly owned lakes in
        such State for which uses are known to be impaired, including
        those lakes which are known not to meet applicable water
        quality standards or which require implementation of control
        programs to maintain compliance with applicable standards and
        those lakes in which water quality has deteriorated as a result
        of high acidity that may reasonably be due to acid deposition;
        and
          (F) an assessment of the status and trends of water quality
        in lakes in such State, including but not limited to, the
        nature and extent of pollution loading from point and nonpoint
        sources and the extent to which the use of lakes is impaired as
        a result of such pollution, particularly with respect to toxic
        pollution.
      (2) Submission as part of 1315(b)(1) report
        The information required under paragraph (1) shall be included
      in the report required under section 1315(b)(1) of this title,
      beginning with the report required under such section by April 1,
      1988.
      (3) Report of Administrator
        Not later than 180 days after receipt from the States of the
      biennial information required under paragraph (1), the
      Administrator shall submit to the Committee on Public Works and
      Transportation of the House of Representatives and the Committee
      on Environment and Public Works of the Senate a report on the
      status of water quality in lakes in the United States, including
      the effectiveness of the methods and procedures described in
      paragraph (1)(D).
      (4) Eligibility requirement
        Beginning after April 1, 1988, a State must have submitted the
      information required under paragraph (1) in order to receive
      grant assistance under this section.
    (b) Financial assistance to States
      The Administrator shall provide financial assistance to States in
    order to carry out methods and procedures approved by him under
    subsection (a) of this section. The Administrator shall provide
    financial assistance to States to prepare the identification and
    classification surveys required in subsection (a)(1) of this
    section.
    (c) Maximum amount of grant; authorization of appropriations
      (1) The amount granted to any State for any fiscal year under
    subsection (b) of this section shall not exceed 70 per centum of
    the funds expended by such State in such year for carrying out
    approved methods and procedures under subsection (a) of this
    section.
      (2) There is authorized to be appropriated $50,000,000 for each
    of fiscal years 2001 through 2005 for grants to States under
    subsection (b) of this section which such sums shall remain
    available until expended. The Administrator shall provide for an
    equitable distribution of such sums to the States with approved
    methods and procedures under subsection (a) of this section.
    (d) Demonstration program
      (1) General requirements
        The Administrator is authorized and directed to establish and
      conduct at locations throughout the Nation a lake water quality
      demonstration program. The program shall, at a minimum -
          (A) develop cost effective technologies for the control of
        pollutants to preserve or enhance lake water quality while
        optimizing multiple lakes uses;
          (B) control nonpoint sources of pollution which are
        contributing to the degradation of water quality in lakes;
          (C) evaluate the feasibility of implementing regional
        consolidated pollution control strategies;
          (D) demonstrate environmentally preferred techniques for the
        removal and disposal of contaminated lake sediments;
          (E) develop improved methods for the removal of silt, stumps,
        aquatic growth, and other obstructions which impair the quality
        of lakes;
          (F) construct and evaluate silt traps and other devices or
        equipment to prevent or abate the deposit of sediment in lakes;
        and
          (G) demonstrate the costs and benefits of utilizing dredged
        material from lakes in the reclamation of despoiled land.
      (2) Geographical requirements
        Demonstration projects authorized by this subsection shall be
      undertaken to reflect a variety of geographical and environmental
      conditions. As a priority, the Administrator shall undertake
      demonstration projects at Lake Champlain, New York and Vermont;
      Lake Houston, Texas; Beaver Lake, Arkansas; Greenwood Lake and
      Belcher Creek, New Jersey; Deal Lake, New Jersey; Alcyon Lake,
      New Jersey; Gorton's Pond, Rhode Island; Lake Washington, Rhode
      Island; Lake Bomoseen, Vermont; Sauk Lake, Minnesota; Otsego
      Lake, New York; Oneida Lake, New York; Raystown Lake,
      Pennsylvania; Swan Lake, Itasca County, Minnesota; Walker Lake,
      Nevada; Lake Tahoe, California and Nevada; Ten Mile Lakes,
      Oregon; Woahink Lake, Oregon; Highland Lake, Connecticut; Lily
      Lake, New Jersey; Strawbridge Lake, New Jersey; Baboosic Lake,
      New Hampshire; French Pond, New Hampshire; Dillon Reservoir,
      Ohio; Tohopekaliga Lake, Florida; Lake Apopka, Florida; Lake
      George, New York; Lake Wallenpaupack, Pennsylvania; Lake
      Allatoona, Georgia; and Lake Worth, Texas.
      (3) Reports
        Notwithstanding section 3003 of the Federal Reports Elimination
      and Sunset Act of 1995 (31 U.S.C. 1113 note; 109 Stat. 734-736),
      by January 1, 1997, and January 1 of every odd-numbered year
      thereafter, the Administrator shall report to the Committee on
      Transportation and Infrastructure of the House of Representatives
      and the Committee on Environment and Public Works of the Senate
      on work undertaken pursuant to this subsection. Upon completion
      of the program authorized by this subsection, the Administrator
      shall submit to such committees a final report on the results of
      such program, along with recommendations for further measures to
      improve the water quality of the Nation's lakes.
      (4) Authorization of appropriations
        (A) In general
          There is authorized to be appropriated to carry out this
        subsection not to exceed $40,000,000 for fiscal years beginning
        after September 30, 1986, to remain available until expended.
        (B) Special authorizations
          (i) Amount
            There is authorized to be appropriated to carry out
          subsection (b) of this section with respect to subsection
          (a)(1)(D) of this section not to exceed $25,000,000 for
          fiscal years beginning after September 30, 1986, to remain
          available until expended.
          (ii) Distribution of funds
            The Administrator shall provide for an equitable
          distribution of sums appropriated pursuant to this
          subparagraph among States carrying out approved methods and
          procedures. Such distribution shall be based on the relative
          needs of each such State for the mitigation of the harmful
          effects on lakes and other surface waters of high acidity
          that may reasonably be due to acid deposition or acid mine
          drainage.
          (iii) Grants as additional assistance
            The amount of any grant to a State under this subparagraph
          shall be in addition to, and not in lieu of, any other
          Federal financial assistance.
-SOURCE-
    (June 30, 1948, ch. 758, title III, Sec. 314, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 875; amended Pub. L. 95-217,
    Secs. 4(f), 62(a), Dec. 27, 1977, 91 Stat. 1567, 1598; Pub. L. 96-
    483, Sec. 1(f), Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100-4, title
    I, Sec. 101(g), title III, Sec. 315(a), (b), (d), Feb. 4, 1987, 101
    Stat. 9, 49, 50, 52; Pub. L. 101-596, title III, Sec. 302, Nov. 16,
    1990, 104 Stat. 3006; Pub. L. 104-66, title II, Sec. 2021(c), Dec.
    21, 1995, 109 Stat. 727; Pub. L. 105-362, title V, Sec. 501(b),
    Nov. 10, 1998, 112 Stat. 3283; Pub. L. 106-457, title VII, Secs.
    701, 702, Nov. 7, 2000, 114 Stat. 1976; Pub. L. 107-303, title III,
    Sec. 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)
-REFTEXT-
                            REFERENCES IN TEXT
      Section 3003 of the Federal Reports Elimination and Sunset Act of
    1995, referred to in subsec. (d)(3), is section 3003 of Pub. L. 104-
    66, which is set out as a note under section 1113 of Title 31,
    Money and Finance.
-MISC1-
                                AMENDMENTS
      2002 - Subsec. (a)(3), (4). Pub. L. 107-303 repealed Pub. L. 105-
    362, Sec. 501(b). See 1998 Amendment note below.
      2000 - Subsec. (c)(2). Pub. L. 106-457, Sec. 701, substituted
    "$50,000,000 for each of fiscal years 2001 through 2005" for
    "$50,000,000 for the fiscal year ending June 30, 1973; $100,000,000
    for the fiscal year 1974; $150,000,000 for the fiscal year 1975,
    $50,000,000 for fiscal year 1977, $60,000,000 for fiscal year 1978,
    $60,000,000 for fiscal year 1979, $60,000,000 for fiscal year 1980,
    $30,000,000 for fiscal year 1981, $30,000,000 for fiscal year 1982,
    such sums as may be necessary for fiscal years 1983 through 1985,
    and $30,000,000 per fiscal year for each of the fiscal years 1986
    through 1990".
      Subsec. (d)(2). Pub. L. 106-457, Sec. 702(1), inserted "Otsego
    Lake, New York; Oneida Lake, New York; Raystown Lake, Pennsylvania;
    Swan Lake, Itasca County, Minnesota; Walker Lake, Nevada; Lake
    Tahoe, California and Nevada; Ten Mile Lakes, Oregon; Woahink Lake,
    Oregon; Highland Lake, Connecticut; Lily Lake, New Jersey;
    Strawbridge Lake, New Jersey; Baboosic Lake, New Hampshire; French
    Pond, New Hampshire; Dillon Reservoir, Ohio; Tohopekaliga Lake,
    Florida; Lake Apopka, Florida; Lake George, New York; Lake
    Wallenpaupack, Pennsylvania; Lake Allatoona, Georgia;" after "Sauk
    Lake, Minnesota;".
      Subsec. (d)(3). Pub. L. 106-457, Sec. 702(2), substituted
    "Notwithstanding section 3003 of the Federal Reports Elimination
    and Sunset Act of 1995 (31 U.S.C. 1113 note; 109 Stat. 734-736),
    by" for "By".
      Subsec. (d)(4)(B)(i). Pub. L. 106-457, Sec. 702(3), substituted
    "$25,000,000" for "$15,000,000".
      1998 - Subsec. (a)(3), (4). Pub. L. 105-362, Sec. 501(b), which
    directed the redesignation of par. (4) as (3) and striking out of
    heading and text of par. (3), was repealed by Pub. L. 107-303. See
    Effective Date of 2002 Amendment note below.
      1995 - Subsec. (d)(3). Pub. L. 104-66 substituted "By January 1,
    1997, and January 1 of every odd-numbered year thereafter, the
    Administrator shall report to the Committee on Transportation and
    Infrastructure" for "The Administrator shall report annually to the
    Committee on Public Works and Transportation".
      1990 - Subsec. (d)(2). Pub. L. 101-596 inserted "Lake Champlain,
    New York and Vermont;" before "Lake Houston, Texas".
      1987 - Subsec. (a). Pub. L. 100-4, Sec. 315(a), amended subsec.
    (a) generally. Prior to amendment, subsec. (a) read as follows:
    "Each State shall prepare or establish, and submit to the
    Administrator for his approval -
        "(1) an identification and classification according to
      eutrophic condition of all publicly owned fresh water lakes in
      such State;
        "(2) procedures, processes, and methods (including land use
      requirements), to control sources of pollution of such lakes; and
        "(3) methods and procedures, in conjunction with appropriate
      Federal agencies, to restore the quality of such lakes."
      Subsec. (b). Pub. L. 100-4, Sec. 315(d)(1), substituted
    "subsection (a) of this section" for "this section" in first
    sentence.
      Subsec. (c)(1). Pub. L. 100-4, Sec. 315(d)(2), substituted
    "subsection (b) of this section" for first reference to "this
    section" and "subsection (a) of this section" for second reference
    to "this section".
      Subsec. (c)(2). Pub. L. 100-4, Secs. 101(g), 315(d)(3), struck
    out "and" after "1981," and inserted ", such sums as may be
    necessary for fiscal years 1983 through 1985, and $30,000,000 per
    fiscal year for each of the fiscal years 1986 through 1990" after
    "1982", and substituted "subsection (b) of this section" for first
    reference to "this section" and "subsection (a) of this section"
    for second reference to "this section".
      Subsec. (d). Pub. L. 100-4, Sec. 315(b), added subsec. (d).
      1980 - Subsec. (c)(2). Pub. L. 96-483 inserted authorization of
    $30,000,000 for each of fiscal years 1981 and 1982.
      1977 - Subsec. (b). Pub. L. 95-217, Sec. 62(a), inserted
    provision directing the Administrator to provide financial
    assistance to States to prepare the identification and
    classification surveys required in subsec. (a)(1) of this section.
      Subsec. (c)(2). Pub. L. 95-217, Sec. 4(f), substituted
    "$150,000,000 for the fiscal year 1975, $50,000,000 for fiscal year
    1977, $60,000,000 for fiscal year 1978, $60,000,000 for fiscal year
    1979, and $60,000,000 for fiscal year 1980" for "and $150,000,000
    for the fiscal year 1975".
                     EFFECTIVE DATE OF 2002 AMENDMENT
      Amendment by Pub. L. 107-303 effective Nov. 10, 1998, and Federal
    Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and
    administered on and after Nov. 27, 2002, as if amendments made by
    section 501(a)-(d) of Pub. L. 105-362 had not been enacted, see
    section 302(b) of Pub. L. 107-303, set out as a note under section
    1254 of this title.
-End-
-CITE-
    33 USC Sec. 1325                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-HEAD-
    Sec. 1325. National Study Commission
-STATUTE-
    (a) Establishment
      There is established a National Study Commission, which shall
    make a full and complete investigation and study of all of the
    technological aspects of achieving, and all aspects of the total
    economic, social, and environmental effects of achieving or not
    achieving, the effluent limitations and goals set forth for 1983 in
    section 1311(b)(2) of this title.
    (b) Membership; chairman
      Such Commission shall be composed of fifteen members, including
    five members of the Senate, who are members of the Environment and
    Public Works committee, appointed by the President of the Senate,
    five members of the House, who are members of the Public Works and
    Transportation committee, appointed by the Speaker of the House,
    and five members of the public appointed by the President. The
    Chairman of such Commission shall be elected from among its
    members.
    (c) Contract authority
      In the conduct of such study, the Commission is authorized to
    contract with the National Academy of Sciences and the National
    Academy of Engineering (acting through the National Research
    Council), the National Institute of Ecology, Brookings Institution,
    and other nongovernmental entities, for the investigation of
    matters within their competence.
    (d) Cooperation of departments, agencies, and instrumentalities of
      executive branch
      The heads of the departments, agencies and instrumentalities of
    the executive branch of the Federal Government shall cooperate with
    the Commission in carrying out the requirements of this section,
    and shall furnish to the Commission such information as the
    Commission deems necessary to carry out this section.
    (e) Report to Congress
      A report shall be submitted to the Congress of the results of
    such investigation and study, together with recommendations, not
    later than three years after October 18, 1972.
    (f) Compensation and allowances
      The members of the Commission who are not officers or employees
    of the United States, while attending conferences or meetings of
    the Commission or while otherwise serving at the request of the
    Chairman shall be entitled to receive compensation at a rate not in
    excess of the maximum rate of pay for Grade GS-18, as provided in
    the General Schedule under section 5332 of title 5, including
    traveltime and while away from their homes or regular places of
    business they may be allowed travel expenses, including per diem in
    lieu of subsistence as authorized by law for persons in the
    Government service employed intermittently.
    (g) Appointment of personnel
      In addition to authority to appoint personnel subject to the
    provisions of title 5 governing appointments in the competitive
    service, and to pay such personnel in accordance with the
    provisions of chapter 51 and subchapter III of chapter 53 of such
    title relating to classification and General Schedule pay rates,
    the Commission shall have authority to enter into contracts with
    private or public organizations who shall furnish the Commission
    with such administrative and technical personnel as may be
    necessary to carry out the purpose of this section. Personnel
    furnished by such organizations under this subsection are not, and
    shall not be considered to be, Federal employees for any purposes,
    but in the performance of their duties shall be guided by the
    standards which apply to employees of the legislative branches
    under rules 41 and 43 (!1) of the Senate and House of
    Representatives, respectively.
    (h) Authorization of appropriation
      There is authorized to be appropriated, for use in carrying out
    this section, not to exceed $17,250,000.
-SOURCE-
    (June 30, 1948, ch. 758, title III, Sec. 315, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 875; amended Pub. L. 93-207,
    Sec. 1(5), Dec. 28, 1973, 87 Stat. 906; Pub. L. 93-592, Sec. 5,
    Jan. 2, 1975, 88 Stat. 1925; Pub. L. 94-238, Mar. 23, 1976, 90
    Stat. 250; H. Res. 988, Oct. 8, 1974; S. Res. 4, Feb. 4, 1977.)
-REFTEXT-
                            REFERENCES IN TEXT
      Travel expenses, including per diem in lieu of subsistence as
    authorized by law, referred to subsec. (f), probably refers to the
    allowances authorized by section 5703 of Title 5, Government
    Organization and Employees.
      The General Schedule, referred to in subsec. (g), is set out
    under section 5332 of Title 5.
      The Rules of the House of Representatives for the One Hundred
    Sixth Congress were adopted and amended generally by House
    Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
    Provisions formerly appearing in rule 43, referred to in subsec.
    (g), were contained in rule XXIV, which was subsequently renumbered
    Rule XXIII by House Resolution No. 5, One Hundred Seventh Congress,
    Jan. 3, 2001.
-MISC1-
                                AMENDMENTS
      1976 - Subsec. (h). Pub. L. 94-238 substituted "$17,250,000" for
    "$17,000,000".
      1975 - Subsec. (h). Pub. L. 93-592 substituted "$17,000,000" for
    "$15,000,000".
      1973 - Subsecs. (g), (h). Pub. L. 93-207 added subsec. (g) and
    redesignated former subsec. (g) as (h).
-CHANGE-
                              CHANGE OF NAME
      Committee on Public Works of Senate abolished and replaced by
    Committee on Environment and Public Works of Senate, effective Feb.
    11, 1977. See Rule XXV of Standing Rules of Senate, as amended by
    Senate Resolution No. 4 (popularly cited as the "Committee System
    Reorganization Amendments of 1977"), approved Feb. 4, 1977.
      Committee on Public Works of House of Representatives changed to
    Committee on Public Works and Transportation of House of
    Representatives, effective Jan. 3, 1975, by House Resolution No.
    988, 93d Congress. Committee on Public Works and Transportation of
    House of Representatives treated as referring to Committee on
    Transportation and Infrastructure of House of Representatives by
    section 1(a) of Pub. L. 104-14, set out as a note preceding section
    21 of Title 2, The Congress.
-MISC2-
          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.
-FOOTNOTE-
    (!1) See References in Text note below.
-End-
-CITE-
    33 USC Sec. 1326                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-HEAD-
    Sec. 1326. Thermal discharges
-STATUTE-
    (a) Effluent limitations that will assure protection and
      propagation of balanced, indigenous population of shellfish,
      fish, and wildlife
      With respect to any point source otherwise subject to the
    provisions of section 1311 of this title or section 1316 of this
    title, whenever the owner or operator of any such source, after
    opportunity for public hearing, can demonstrate to the satisfaction
    of the Administrator (or, if appropriate, the State) that any
    effluent limitation proposed for the control of the thermal
    component of any discharge from such source will require effluent
    limitations more stringent than necessary to assure the projection
    and propagation of a balanced, indigenous population of shellfish,
    fish, and wildlife in and on the body of water into which the
    discharge is to be made, the Administrator (or, if appropriate, the
    State) may impose an effluent limitation under such sections for
    such plant, with respect to the thermal component of such discharge
    (taking into account the interaction of such thermal component with
    other pollutants), that will assure the protection and propagation
    of a balanced, indigenous population of shellfish, fish, and
    wildlife in and on that body of water.
    (b) Cooling water intake structures
      Any standard established pursuant to section 1311 of this title
    or section 1316 of this title and applicable to a point source
    shall require that the location, design, construction, and capacity
    of cooling water intake structures reflect the best technology
    available for minimizing adverse environmental impact.
    (c) Period of protection from more stringent effluent limitations
      following discharge point source modification commenced after
      October 18, 1972
      Notwithstanding any other provision of this chapter, any point
    source of a discharge having a thermal component, the modification
    of which point source is commenced after October 18, 1972, and
    which, as modified, meets effluent limitations established under
    section 1311 of this title or, if more stringent, effluent
    limitations established under section 1313 of this title and which
    effluent limitations will assure protection and propagation of a
    balanced, indigenous population of shellfish, fish, and wildlife in
    or on the water into which the discharge is made, shall not be
    subject to any more stringent effluent limitation with respect to
    the thermal component of its discharge during a ten year period
    beginning on the date of completion of such modification or during
    the period of depreciation or amortization of such facility for the
    purpose of section 167 or 169 (or both) of title 26, whichever
    period ends first.
-SOURCE-
    (June 30, 1948, ch. 758, title III, Sec. 316, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 876; amended Pub. L. 99-514,
    Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
-MISC1-
                                AMENDMENTS
      1986 - Subsec. (c). Pub. L. 99-514 substituted "Internal Revenue
    Code of 1986" for "Internal Revenue Code of 1954", which for
    purposes of codification was translated as "title 26" thus
    requiring no change in text.
-End-
-CITE-
    33 USC Sec. 1327                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-HEAD-
    Sec. 1327. Omitted
-COD-
                               CODIFICATION
      Section, act June 30, 1948, ch. 758, title III, Sec. 317, as
    added Oct. 18, 1972, Pub. L. 92-500, Sec. 2, 86 Stat. 877,
    authorized Administrator to investigate and study feasibility of
    alternate methods of financing cost of preventing, controlling, and
    abating pollution as directed by Water Quality Improvement Act of
    1970 and to report to Congress, not later than two years after Oct.
    18, 1972, the results of investigation and study accompanied by
    recommendations for financing these programs for fiscal years
    beginning after 1976.
-End-
-CITE-
    33 USC Sec. 1328                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-HEAD-
    Sec. 1328. Aquaculture
-STATUTE-
    (a) Authority to permit discharge of specific pollutants
      The Administrator is authorized, after public hearings, to permit
    the discharge of a specific pollutant or pollutants under
    controlled conditions associated with an approved aquaculture
    project under Federal or State supervision pursuant to section 1342
    of this title.
    (b) Procedures and guidelines
      The Administrator shall by regulation establish any procedures
    and guidelines which the Administrator deems necessary to carry out
    this section. Such regulations shall require the application to
    such discharge of each criterion, factor, procedure, and
    requirement applicable to a permit issued under section 1342 of
    this title, as the Administrator determines necessary to carry out
    the objective of this chapter.
    (c) State administration
      Each State desiring to administer its own permit program within
    its jurisdiction for discharge of a specific pollutant or
    pollutants under controlled conditions associated with an approved
    aquaculture project may do so if upon submission of such program
    the Administrator determines such program is adequate to carry out
    the objective of this chapter.
-SOURCE-
    (June 30, 1948, ch. 758, title III, Sec. 318, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 877; amended Pub. L. 95-217,
    Sec. 63, Dec. 27, 1977, 91 Stat. 1599.)
-MISC1-
                                AMENDMENTS
      1977 - Subsec. (a). Pub. L. 95-217 inserted "pursuant to section
    1342 of this title" after "Federal or State supervision".
      Subsec. (b). Pub. L. 95-217 struck out ", not later than January
    1, 1974," after "The Administrator shall by regulation" in existing
    provisions and inserted provisions that the regulations require the
    application to the discharge of each criterion, factor, procedure,
    and requirement applicable to a permit issued under section 1342 of
    this title, as the Administrator determines necessary to carry out
    the objectives of this chapter.
      Subsec. (c). Pub. L. 95-217 added subsec. (c).
-End-
-CITE-
    33 USC Sec. 1329                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-HEAD-
    Sec. 1329. Nonpoint source management programs
-STATUTE-
    (a) State assessment reports
      (1) Contents
        The Governor of each State shall, after notice and opportunity
      for public comment, prepare and submit to the Administrator for
      approval, a report which -
          (A) identifies those navigable waters within the State which,
        without additional action to control nonpoint sources of
        pollution, cannot reasonably be expected to attain or maintain
        applicable water quality standards or the goals and
        requirements of this chapter;
          (B) identifies those categories and subcategories of nonpoint
        sources or, where appropriate, particular nonpoint sources
        which add significant pollution to each portion of the
        navigable waters identified under subparagraph (A) in amounts
        which contribute to such portion not meeting such water quality
        standards or such goals and requirements;
          (C) describes the process, including intergovernmental
        coordination and public participation, for identifying best
        management practices and measures to control each category and
        subcategory of nonpoint sources and, where appropriate,
        particular nonpoint sources identified under subparagraph (B)
        and to reduce, to the maximum extent practicable, the level of
        pollution resulting from such category, subcategory, or source;
        and
          (D) identifies and describes State and local programs for
        controlling pollution added from nonpoint sources to, and
        improving the quality of, each such portion of the navigable
        waters, including but not limited to those programs which are
        receiving Federal assistance under subsections (h) and (i) of
        this section.
      (2) Information used in preparation
        In developing the report required by this section, the State
      (A) may rely upon information developed pursuant to sections
      1288, 1313(e), 1314(f), 1315(b), and 1324 of this title, and
      other information as appropriate, and (B) may utilize appropriate
      elements of the waste treatment management plans developed
      pursuant to sections 1288(b) and 1313 of this title, to the
      extent such elements are consistent with and fulfill the
      requirements of this section.
    (b) State management programs
      (1) In general
        The Governor of each State, for that State or in combination
      with adjacent States, shall, after notice and opportunity for
      public comment, prepare and submit to the Administrator for
      approval a management program which such State proposes to
      implement in the first four fiscal years beginning after the date
      of submission of such management program for controlling
      pollution added from nonpoint sources to the navigable waters
      within the State and improving the quality of such waters.
      (2) Specific contents
        Each management program proposed for implementation under this
      subsection shall include each of the following:
          (A) An identification of the best management practices and
        measures which will be undertaken to reduce pollutant loadings
        resulting from each category, subcategory, or particular
        nonpoint source designated under paragraph (1)(B), taking into
        account the impact of the practice on ground water quality.
          (B) An identification of programs (including, as appropriate,
        nonregulatory or regulatory programs for enforcement, technical
        assistance, financial assistance, education, training,
        technology transfer, and demonstration projects) to achieve
        implementation of the best management practices by the
        categories, subcategories, and particular nonpoint sources
        designated under subparagraph (A).
          (C) A schedule containing annual milestones for (i)
        utilization of the program implementation methods identified in
        subparagraph (B), and (ii) implementation of the best
        management practices identified in subparagraph (A) by the
        categories, subcategories, or particular nonpoint sources
        designated under paragraph (1)(B). Such schedule shall provide
        for utilization of the best management practices at the
        earliest practicable date.
          (D) A certification of the attorney general of the State or
        States (or the chief attorney of any State water pollution
        control agency which has independent legal counsel) that the
        laws of the State or States, as the case may be, provide
        adequate authority to implement such management program or, if
        there is not such adequate authority, a list of such additional
        authorities as will be necessary to implement such management
        program. A schedule and commitment by the State or States to
        seek such additional authorities as expeditiously as
        practicable.
          (E) Sources of Federal and other assistance and funding
        (other than assistance provided under subsections (h) and (i)
        of this section) which will be available in each of such fiscal
        years for supporting implementation of such practices and
        measures and the purposes for which such assistance will be
        used in each of such fiscal years.
          (F) An identification of Federal financial assistance
        programs and Federal development projects for which the State
        will review individual assistance applications or development
        projects for their effect on water quality pursuant to the
        procedures set forth in Executive Order 12372 as in effect on
        September 17, 1983, to determine whether such assistance
        applications or development projects would be consistent with
        the program prepared under this subsection; for the purposes of
        this subparagraph, identification shall not be limited to the
        assistance programs or development projects subject to
        Executive Order 12372 but may include any programs listed in
        the most recent Catalog of Federal Domestic Assistance which
        may have an effect on the purposes and objectives of the
        State's nonpoint source pollution management program.
      (3) Utilization of local and private experts
        In developing and implementing a management program under this
      subsection, a State shall, to the maximum extent practicable,
      involve local public and private agencies and organizations which
      have expertise in control of nonpoint sources of pollution.
      (4) Development on watershed basis
        A State shall, to the maximum extent practicable, develop and
      implement a management program under this subsection on a
      watershed-by-watershed basis within such State.
    (c) Administrative provisions
      (1) Cooperation requirement
        Any report required by subsection (a) of this section and any
      management program and report required by subsection (b) of this
      section shall be developed in cooperation with local, substate
      regional, and interstate entities which are actively planning for
      the implementation of nonpoint source pollution controls and have
      either been certified by the Administrator in accordance with
      section 1288 of this title, have worked jointly with the State on
      water quality management planning under section 1285(j) of this
      title, or have been designated by the State legislative body or
      Governor as water quality management planning agencies for their
      geographic areas.
      (2) Time period for submission of reports and management programs
        Each report and management program shall be submitted to the
      Administrator during the 18-month period beginning on February 4,
      1987.
    (d) Approval or disapproval of reports and management programs
      (1) Deadline
        Subject to paragraph (2), not later than 180 days after the
      date of submission to the Administrator of any report or
      management program under this section (other than subsections
      (h), (i), and (k) of this section), the Administrator shall
      either approve or disapprove such report or management program,
      as the case may be. The Administrator may approve a portion of a
      management program under this subsection. If the Administrator
      does not disapprove a report, management program, or portion of a
      management program in such 180-day period, such report,
      management program, or portion shall be deemed approved for
      purposes of this section.
      (2) Procedure for disapproval
        If, after notice and opportunity for public comment and
      consultation with appropriate Federal and State agencies and
      other interested persons, the Administrator determines that -
          (A) the proposed management program or any portion thereof
        does not meet the requirements of subsection (b)(2) of this
        section or is not likely to satisfy, in whole or in part, the
        goals and requirements of this chapter;
          (B) adequate authority does not exist, or adequate resources
        are not available, to implement such program or portion;
          (C) the schedule for implementing such program or portion is
        not sufficiently expeditious; or
          (D) the practices and measures proposed in such program or
        portion are not adequate to reduce the level of pollution in
        navigable waters in the State resulting from nonpoint sources
        and to improve the quality of navigable waters in the State;
      the Administrator shall within 6 months of the receipt of the
      proposed program notify the State of any revisions or
      modifications necessary to obtain approval. The State shall
      thereupon have an additional 3 months to submit its revised
      management program and the Administrator shall approve or
      disapprove such revised program within three months of receipt.
      (3) Failure of State to submit report
        If a Governor of a State does not submit the report required by
      subsection (a) of this section within the period specified by
      subsection (c)(2) of this section, the Administrator shall,
      within 30 months after February 4, 1987, prepare a report for
      such State which makes the identifications required by paragraphs
      (1)(A) and (1)(B) of subsection (a) of this section. Upon
      completion of the requirement of the preceding sentence and after
      notice and opportunity for comment, the Administrator shall
      report to Congress on his actions pursuant to this section.
    (e) Local management programs; technical assistance
      If a State fails to submit a management program under subsection
    (b) of this section or the Administrator does not approve such a
    management program, a local public agency or organization which has
    expertise in, and authority to, control water pollution resulting
    from nonpoint sources in any area of such State which the
    Administrator determines is of sufficient geographic size may, with
    approval of such State, request the Administrator to provide, and
    the Administrator shall provide, technical assistance to such
    agency or organization in developing for such area a management
    program which is described in subsection (b) of this section and
    can be approved pursuant to subsection (d) of this section. After
    development of such management program, such agency or organization
    shall submit such management program to the Administrator for
    approval. If the Administrator approves such management program,
    such agency or organization shall be eligible to receive financial
    assistance under subsection (h) of this section for implementation
    of such management program as if such agency or organization were a
    State for which a report submitted under subsection (a) of this
    section and a management program submitted under subsection (b) of
    this section were approved under this section. Such financial
    assistance shall be subject to the same terms and conditions as
    assistance provided to a State under subsection (h) of this
    section.
    (f) Technical assistance for States
      Upon request of a State, the Administrator may provide technical
    assistance to such State in developing a management program
    approved under subsection (b) of this section for those portions of
    the navigable waters requested by such State.
    (g) Interstate management conference
      (1) Convening of conference; notification; purpose
        If any portion of the navigable waters in any State which is
      implementing a management program approved under this section is
      not meeting applicable water quality standards or the goals and
      requirements of this chapter as a result, in whole or in part, of
      pollution from nonpoint sources in another State, such State may
      petition the Administrator to convene, and the Administrator
      shall convene, a management conference of all States which
      contribute significant pollution resulting from nonpoint sources
      to such portion. If, on the basis of information available, the
      Administrator determines that a State is not meeting applicable
      water quality standards or the goals and requirements of this
      chapter as a result, in whole or in part, of significant
      pollution from nonpoint sources in another State, the
      Administrator shall notify such States. The Administrator may
      convene a management conference under this paragraph not later
      than 180 days after giving such notification, whether or not the
      State which is not meeting such standards requests such
      conference. The purpose of such conference shall be to develop an
      agreement among such States to reduce the level of pollution in
      such portion resulting from nonpoint sources and to improve the
      water quality of such portion. Nothing in such agreement shall
      supersede or abrogate rights to quantities of water which have
      been established by interstate water compacts, Supreme Court
      decrees, or State water laws. This subsection shall not apply to
      any pollution which is subject to the Colorado River Basin
      Salinity Control Act [43 U.S.C. 1571 et seq.]. The requirement
      that the Administrator convene a management conference shall not
      be subject to the provisions of section 1365 of this title.
      (2) State management program requirement
        To the extent that the States reach agreement through such
      conference, the management programs of the States which are
      parties to such agreements and which contribute significant
      pollution to the navigable waters or portions thereof not meeting
      applicable water quality standards or goals and requirements of
      this chapter will be revised to reflect such agreement. Such
      management programs shall be consistent with Federal and State
      law.
    (h) Grant program
      (1) Grants for implementation of management programs
        Upon application of a State for which a report submitted under
      subsection (a) of this section and a management program submitted
      under subsection (b) of this section is approved under this
      section, the Administrator shall make grants, subject to such
      terms and conditions as the Administrator considers appropriate,
      under this subsection to such State for the purpose of assisting
      the State in implementing such management program. Funds reserved
      pursuant to section 1285(j)(5) of this title may be used to
      develop and implement such management program.
      (2) Applications
        An application for a grant under this subsection in any fiscal
      year shall be in such form and shall contain such other
      information as the Administrator may require, including an
      identification and description of the best management practices
      and measures which the State proposes to assist, encourage, or
      require in such year with the Federal assistance to be provided
      under the grant.
      (3) Federal share
        The Federal share of the cost of each management program
      implemented with Federal assistance under this subsection in any
      fiscal year shall not exceed 60 percent of the cost incurred by
      the State in implementing such management program and shall be
      made on condition that the non-Federal share is provided from non-
      Federal sources.
      (4) Limitation on grant amounts
        Notwithstanding any other provision of this subsection, not
      more than 15 percent of the amount appropriated to carry out this
      subsection may be used to make grants to any one State, including
      any grants to any local public agency or organization with
      authority to control pollution from nonpoint sources in any area
      of such State.
      (5) Priority for effective mechanisms
        For each fiscal year beginning after September 30, 1987, the
      Administrator may give priority in making grants under this
      subsection, and shall give consideration in determining the
      Federal share of any such grant, to States which have implemented
      or are proposing to implement management programs which will -
          (A) control particularly difficult or serious nonpoint source
        pollution problems, including, but not limited to, problems
        resulting from mining activities;
          (B) implement innovative methods or practices for controlling
        nonpoint sources of pollution, including regulatory programs
        where the Administrator deems appropriate;
          (C) control interstate nonpoint source pollution problems; or
          (D) carry out ground water quality protection activities
        which the Administrator determines are part of a comprehensive
        nonpoint source pollution control program, including research,
        planning, ground water assessments, demonstration programs,
        enforcement, technical assistance, education, and training to
        protect ground water quality from nonpoint sources of
        pollution.
      (6) Availability for obligation
        The funds granted to each State pursuant to this subsection in
      a fiscal year shall remain available for obligation by such State
      for the fiscal year for which appropriated. The amount of any
      such funds not obligated by the end of such fiscal year shall be
      available to the Administrator for granting to other States under
      this subsection in the next fiscal year.
      (7) Limitation on use of funds
        States may use funds from grants made pursuant to this section
      for financial assistance to persons only to the extent that such
      assistance is related to the costs of demonstration projects.
      (8) Satisfactory progress
        No grant may be made under this subsection in any fiscal year
      to a State which in the preceding fiscal year received a grant
      under this subsection unless the Administrator determines that
      such State made satisfactory progress in such preceding fiscal
      year in meeting the schedule specified by such State under
      subsection (b)(2) of this section.
      (9) Maintenance of effort
        No grant may be made to a State under this subsection in any
      fiscal year unless such State enters into such agreements with
      the Administrator as the Administrator may require to ensure that
      such State will maintain its aggregate expenditures from all
      other sources for programs for controlling pollution added to the
      navigable waters in such State from nonpoint sources and
      improving the quality of such waters at or above the average
      level of such expenditures in its two fiscal years preceding
      February 4, 1987.
      (10) Request for information
        The Administrator may request such information, data, and
      reports as he considers necessary to make the determination of
      continuing eligibility for grants under this section.
      (11) Reporting and other requirements
        Each State shall report to the Administrator on an annual basis
      concerning (A) its progress in meeting the schedule of milestones
      submitted pursuant to subsection (b)(2)(C) of this section, and
      (B) to the extent that appropriate information is available,
      reductions in nonpoint source pollutant loading and improvements
      in water quality for those navigable waters or watersheds within
      the State which were identified pursuant to subsection (a)(1)(A)
      of this section resulting from implementation of the management
      program.
      (12) Limitation on administrative costs
        For purposes of this subsection, administrative costs in the
      form of salaries, overhead, or indirect costs for services
      provided and charged against activities and programs carried out
      with a grant under this subsection shall not exceed in any fiscal
      year 10 percent of the amount of the grant in such year, except
      that costs of implementing enforcement and regulatory activities,
      education, training, technical assistance, demonstration
      projects, and technology transfer programs shall not be subject
      to this limitation.
    (i) Grants for protecting groundwater quality
      (1) Eligible applicants and activities
        Upon application of a State for which a report submitted under
      subsection (a) of this section and a plan submitted under
      subsection (b) of this section is approved under this section,
      the Administrator shall make grants under this subsection to such
      State for the purpose of assisting such State in carrying out
      groundwater quality protection activities which the Administrator
      determines will advance the State toward implementation of a
      comprehensive nonpoint source pollution control program. Such
      activities shall include, but not be limited to, research,
      planning, groundwater assessments, demonstration programs,
      enforcement, technical assistance, education and training to
      protect the quality of groundwater and to prevent contamination
      of groundwater from nonpoint sources of pollution.
      (2) Applications
        An application for a grant under this subsection shall be in
      such form and shall contain such information as the Administrator
      may require.
      (3) Federal share; maximum amount
        The Federal share of the cost of assisting a State in carrying
      out groundwater protection activities in any fiscal year under
      this subsection shall be 50 percent of the costs incurred by the
      State in carrying out such activities, except that the maximum
      amount of Federal assistance which any State may receive under
      this subsection in any fiscal year shall not exceed $150,000.
      (4) Report
        The Administrator shall include in each report transmitted
      under subsection (m) of this section a report on the activities
      and programs implemented under this subsection during the
      preceding fiscal year.
    (j) Authorization of appropriations
      There is authorized to be appropriated to carry out subsections
    (h) and (i) of this section not to exceed $70,000,000 for fiscal
    year 1988, $100,000,000 per fiscal year for each of fiscal years
    1989 and 1990, and $130,000,000 for fiscal year 1991; except that
    for each of such fiscal years not to exceed $7,500,000 may be made
    available to carry out subsection (i) of this section. Sums
    appropriated pursuant to this subsection shall remain available
    until expended.
    (k) Consistency of other programs and projects with management
      programs
      The Administrator shall transmit to the Office of Management and
    Budget and the appropriate Federal departments and agencies a list
    of those assistance programs and development projects identified by
    each State under subsection (b)(2)(F) of this section for which
    individual assistance applications and projects will be reviewed
    pursuant to the procedures set forth in Executive Order 12372 as in
    effect on September 17, 1983. Beginning not later than sixty days
    after receiving notification by the Administrator, each Federal
    department and agency shall modify existing regulations to allow
    States to review individual development projects and assistance
    applications under the identified Federal assistance programs and
    shall accommodate, according to the requirements and definitions of
    Executive Order 12372, as in effect on September 17, 1983, the
    concerns of the State regarding the consistency of such
    applications or projects with the State nonpoint source pollution
    management program.
    (l) Collection of information
      The Administrator shall collect and make available, through
    publications and other appropriate means, information pertaining to
    management practices and implementation methods, including, but not
    limited to, (1) information concerning the costs and relative
    efficiencies of best management practices for reducing nonpoint
    source pollution; and (2) available data concerning the
    relationship between water quality and implementation of various
    management practices to control nonpoint sources of pollution.
    (m) Reports of Administrator
      (1) Annual reports
        Not later than January 1, 1988, and each January 1 thereafter,
      the Administrator shall transmit to the Committee on Public Works
      and Transportation of the House of Representatives and the
      Committee on Environment and Public Works of the Senate, a report
      for the preceding fiscal year on the activities and programs
      implemented under this section and the progress made in reducing
      pollution in the navigable waters resulting from nonpoint sources
      and improving the quality of such waters.
      (2) Final report
        Not later than January 1, 1990, the Administrator shall
      transmit to Congress a final report on the activities carried out
      under this section. Such report, at a minimum, shall -
          (A) describe the management programs being implemented by the
        States by types and amount of affected navigable waters,
        categories and subcategories of nonpoint sources, and types of
        best management practices being implemented;
          (B) describe the experiences of the States in adhering to
        schedules and implementing best management practices;
          (C) describe the amount and purpose of grants awarded
        pursuant to subsections (h) and (i) of this section;
          (D) identify, to the extent that information is available,
        the progress made in reducing pollutant loads and improving
        water quality in the navigable waters;
          (E) indicate what further actions need to be taken to attain
        and maintain in those navigable waters (i) applicable water
        quality standards, and (ii) the goals and requirements of this
        chapter;
          (F) include recommendations of the Administrator concerning
        future programs (including enforcement programs) for
        controlling pollution from nonpoint sources; and
          (G) identify the activities and programs of departments,
        agencies, and instrumentalities of the United States which are
        inconsistent with the management programs submitted by the
        States and recommend modifications so that such activities and
        programs are consistent with and assist the States in
        implementation of such management programs.
    (n) Set aside for administrative personnel
      Not less than 5 percent of the funds appropriated pursuant to
    subsection (j) of this section for any fiscal year shall be
    available to the Administrator to maintain personnel levels at the
    Environmental Protection Agency at levels which are adequate to
    carry out this section in such year.
-SOURCE-
    (June 30, 1948, ch. 758, title III, Sec. 319, as added Pub. L. 100-
    4, title III, Sec. 316(a), Feb. 4, 1987, 101 Stat. 52; amended
    Pub. L. 105-362, title V, Sec. 501(c), Nov. 10, 1998, 112 Stat.
    3283; Pub. L. 107-303, title III, Sec. 302(b)(1), Nov. 27, 2002,
    116 Stat. 2361.)
-REFTEXT-
                            REFERENCES IN TEXT
      Executive Order 12372, referred to in subsecs. (b)(2)(F) and (k),
    is Ex. Ord. No. 12372, July 14, 1982, 47 F.R. 30959, as amended,
    which is set out under section 6506 of Title 31, Money and Finance.
      The Colorado River Basin Salinity Control Act, referred to in
    subsec. (g)(1), is Pub. L. 93-320, June 24, 1974, 88 Stat. 266, as
    amended, which is classified principally to chapter 32A (Sec. 1571
    et seq.) of Title 43, Public Lands. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1571 of Title 43 and Tables.
-MISC1-
                                AMENDMENTS
      2002 - Subsecs. (i)(4), (m), (n). Pub. L. 107-303 repealed Pub.
    L. 105-362, Sec. 501(c). See 1998 Amendment note below.
      1998 - Subsec. (i)(4). Pub. L. 105-362, Sec. 501(c)(1), which
    directed the striking out of heading and text of par. (4), was
    repealed by Pub. L. 107-303. See Effective Date of 2002 Amendment
    note below.
      Subsecs. (m), (n). Pub. L. 105-362, Sec. 501(c)(2), (3), which
    directed the redesignation of subsec. (n) as (m) and striking out
    of heading and text of former subsec. (m), was repealed by Pub. L.
    107-303. See Effective Date of 2002 Amendment note below.
-CHANGE-
                              CHANGE OF NAME
      Committee on Public Works and Transportation of House of
    Representatives treated as referring to Committee on Transportation
    and Infrastructure of House of Representatives by section 1(a) of
    Pub. L. 104-14, set out as a note preceding section 21 of Title 2,
    The Congress.
-MISC2-
                     EFFECTIVE DATE OF 2002 AMENDMENT
      Amendment by Pub. L. 107-303 effective Nov. 10, 1998, and Federal
    Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and
    administered on and after Nov. 27, 2002, as if amendments made by
    section 501(a)-(d) of Pub. L. 105-362 had not been enacted, see
    section 302(b) of Pub. L. 107-303, set out as a note under section
    1254 of this title.
-End-
-CITE-
    33 USC Sec. 1330                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT
-HEAD-
    Sec. 1330. National estuary program
-STATUTE-
    (a) Management conference
      (1) Nomination of estuaries
        The Governor of any State may nominate to the Administrator an
      estuary lying in whole or in part within the State as an estuary
      of national significance and request a management conference to
      develop a comprehensive management plan for the estuary. The
      nomination shall document the need for the conference, the
      likelihood of success, and information relating to the factors in
      paragraph (2).
      (2) Convening of conference
        (A) In general
          In any case where the Administrator determines, on his own
        initiative or upon nomination of a State under paragraph (1),
        that the attainment or maintenance of that water quality in an
        estuary which assures protection of public water supplies and
        the protection and propagation of a balanced, indigenous
        population of shellfish, fish, and wildlife, and allows
        recreational activities, in and on the water, requires the
        control of point and nonpoint sources of pollution to
        supplement existing controls of pollution in more than one
        State, the Administrator shall select such estuary and convene
        a management conference.
        (B) Priority consideration
          The Administrator shall give priority consideration under
        this section to Long Island Sound, New York and Connecticut;
        Narragansett Bay, Rhode Island; Buzzards Bay, Massachusetts;
        Massachusetts Bay, Massachusetts (including Cape Cod Bay and
        Boston Harbor); Puget Sound, Washington; New York-New Jersey
        Harbor, New York and New Jersey; Delaware Bay, Delaware and New
        Jersey; Delaware Inland Bays, Delaware; Albemarle Sound, North
        Carolina; Sarasota Bay, Florida; San Francisco Bay, California;
        Santa Monica Bay, California; Galveston Bay, Texas; Barataria-
        Terrebonne Bay estuary complex, Louisiana; Indian River
        Lagoon, Florida; Lake Pontchartrain Basin, Louisiana and
        Mississippi; and Peconic Bay, New York.
      (3) Boundary dispute exception
        In any case in which a boundary between two States passes
      through an estuary and such boundary is disputed and is the
      subject of an action in any court, the Administrator shall not
      convene a management conference with respect to such estuary
      before a final adjudication has been made of such dispute.
    (b) Purposes of conference
      The purposes of any management conference convened with respect
    to an estuary under this subsection shall be to -
        (1) assess trends in water quality, natural resources, and uses
      of the estuary;
        (2) collect, characterize, and assess data on toxics,
      nutrients, and natural resources within the estuarine zone to
      identify the causes of environmental problems;
        (3) develop the relationship between the inplace loads and
      point and nonpoint loadings of pollutants to the estuarine zone
      and the potential uses of the zone, water quality, and natural
      resources;
        (4) develop a comprehensive conservation and management plan
      that recommends priority corrective actions and compliance
      schedules addressing point and nonpoint sources of pollution to
      restore and maintain the chemical, physical, and biological
      integrity of the estuary, including restoration and maintenance
      of water quality, a balanced indigenous population of shellfish,
      fish and wildlife, and recreational activities in the estuary,
      and assure that the designated uses of the estuary are protected;
        (5) develop plans for the coordinated implementation of the
      plan by the States as well as Federal and local agencies
      participating in the conference;
        (6) monitor the effectiveness of actions taken pursuant to the
      plan; and
        (7) review all Federal financial assistance programs and
      Federal development projects in accordance with the requirements
      of Executive Order 12372, as in effect on September 17, 1983, to
      determine whether such assistance program or project would be
      consistent with and further the purposes and objectives of the
      plan prepared under this section.
    For purposes of paragraph (7), such programs and projects shall not
    be limited to the assistance programs and development projects
    subject to Executive Order 12372, but may include any programs
    listed in the most recent Catalog of Federal Domestic Assistance
    which may have an effect on the purposes and objectives of the plan
    developed under this section.
    (c) Members of conference
      The members of a management conference convened under this
    section shall include, at a minimum, the Administrator and
    representatives of -
        (1) each State and foreign nation located in whole or in part
      in the estuarine zone of the estuary for which the conference is
      convened;
        (2) international, interstate, or regional agencies or entities
      having jurisdiction over all or a significant part of the
      estuary;
        (3) each interested Federal agency, as determined appropriate
      by the Administrator;
        (4) local governments having jurisdiction over any land or
      water within the estuarine zone, as determined appropriate by the
      Administrator; and
        (5) affected industries, public and private educational
      institutions, and the general public, as determined appropriate
      by the Administrator.
    (d) Utilization of existing data
      In developing a conservation and management plan under this
    section, the management conference shall survey and utilize
    existing reports, data, and studies relating to the estuary that
    have been developed by or made available to Federal, interstate,
    State, and local agencies.
    (e) Period of conference
      A management conference convened under this section shall be
    convened for a period not to exceed 5 years. Such conference may be
    extended by the Administrator, and if terminated after the initial
    period, may be reconvened by the Administrator at any time
    thereafter, as may be necessary to meet the requirements of this
    section.
    (f) Approval and implementation of plans
      (1) Approval
        Not later than 120 days after the completion of a conservation
      and management plan and after providing for public review and
      comment, the Administrator shall approve such plan if the plan
      meets the requirements of this section and the affected Governor
      or Governors concur.
      (2) Implementation
        Upon approval of a conservation and management plan under this
      section, such plan shall be implemented. Funds authorized to be
      appropriated under subchapters II and VI of this chapter and
      section 1329 of this title may be used in accordance with the
      applicable requirements of this chapter to assist States with the
      implementation of such plan.
    (g) Grants
      (1) Recipients
        The Administrator is authorized to make grants to State,
      interstate, and regional water pollution control agencies and
      entities, State coastal zone management agencies, interstate
      agencies, other public or nonprofit private agencies,
      institutions, organizations, and individuals.
      (2) Purposes
        Grants under this subsection shall be made to pay for
      activities necessary for the development and implementation of a
      comprehensive conservation and management plan under this
      section.
      (3) Federal share
        The Federal share of a grant to any person (including a State,
      interstate, or regional agency or entity) under this subsection
      for a fiscal year -
          (A) shall not exceed -
            (i) 75 percent of the annual aggregate costs of the
          development of a comprehensive conservation and management
          plan; and
            (ii) 50 percent of the annual aggregate costs of the
          implementation of the plan; and
          (B) shall be made on condition that the non-Federal share of
        the costs are provided from non-Federal sources.
    (h) Grant reporting
      Any person (including a State, interstate, or regional agency or
    entity) that receives a grant under subsection (g) of this section
    shall report to the Administrator not later than 18 months after
    receipt of such grant and biennially thereafter on the progress
    being made under this section.
    (i) Authorization of appropriations
      There are authorized to be appropriated to the Administrator not
    to exceed $35,000,000 for each of fiscal years 2001 through 2010
    for -
        (1) expenses related to the administration of management
      conferences under this section, not to exceed 10 percent of the
      amount appropriated under this subsection;
        (2) making grants under subsection (g) of this section; and
        (3) monitoring the implementation of a conservation and
      management plan by the management conference or by the
      Administrator, in any case in which the conference has been
      terminated.
    The Administrator shall provide up to $5,000,000 per fiscal year of
    the sums authorized to be appropriated under this subsection to the
    Administrator of the National Oceanic and Atmospheric
    Administration to carry out subsection (j) of this section.
    (j) Research
      (1) Programs
        In order to determine the need to convene a management
      conference under this section or at the request of such a
      management conference, the Administrator shall coordinate and
      implement, through the National Marine Pollution Program Office
      and the National Marine Fisheries Service of the National Oceanic
      and Atmospheric Administration, as appropriate, for one or more
      estuarine zones -
          (A) a long-term program of trend assessment monitoring
        measuring variations in pollutant concentrations, marine
        ecology, and other physical or biological environmental
        parameters which may affect estuarine zones, to provide the
        Administrator the capacity to determine the potential and
        actual effects of alternative management strategies and
        measures;
          (B) a program of ecosystem assessment assisting in the
        development of (i) baseline studies which determine the state
        of estuarine zones and the effects of natural and anthropogenic
        changes, and (ii) predictive models capable of translating
        information on specific discharges or general pollutant
        loadings within estuarine zones into a set of probable effects
        on such zones;
          (C) a comprehensive water quality sampling program for the
        continuous monitoring of nutrients, chlorine, acid
        precipitation dissolved oxygen, and potentially toxic
        pollutants (including organic chemicals and metals) in
        estuarine zones, after consultation with interested State,
        local, interstate, or international agencies and review and
        analysis of all environmental sampling data presently collected
        from estuarine zones; and
          (D) a program of research to identify the movements of
        nutrients, sediments and pollutants through estuarine zones and
        the impact of nutrients, sediments, and pollutants on water
        quality, the ecosystem, and designated or potential uses of the
        estuarine zones.
      (2) Reports
        The Administrator, in cooperation with the Administrator of the
      National Oceanic and Atmospheric Administration, shall submit to
      the Congress no less often than biennially a comprehensive report
      on the activities authorized under this subsection including -
          (A) a listing of priority monitoring and research needs;
          (B) an assessment of the state and health of the Nation's
        estuarine zones, to the extent evaluated under this subsection;
          (C) a discussion of pollution problems and trends in
        pollutant concentrations with a direct or indirect effect on
        water quality, the ecosystem, and designated or potential uses
        of each estuarine zone, to the extent evaluated under this
        subsection; and
          (D) an evaluation of pollution abatement activities and
        management measures so far implemented to determine the degree
        of improvement toward the objectives expressed in subsection
        (b)(4) of this section.
    (k) Definitions
      For purposes of this section, the terms "estuary" and "estuarine
    zone" have the meanings such terms have in section 1254(n)(4) of
    this title, except that the term "estuarine zone" shall also
    include associated aquatic ecosystems and those portions of
    tributaries draining into the estuary up to the historic height of
    migration of anadromous fish or the historic head of tidal
    influence, whichever is higher.
-SOURCE-
    (June 30, 1948, ch. 758, title III, Sec. 320, as added Pub. L. 100-
    4, title III, Sec. 317(b), Feb. 4, 1987, 101 Stat. 61; amended
    Pub. L. 100-202, Sec. 101(f) [title II, 201], Dec. 22, 1987, 101
    Stat. 1329-187, 1329-197; Pub. L. 100-653, title X, Sec. 1004, Nov.
    14, 1988, 102 Stat. 3836; Pub. L. 100-688, title II, Sec. 2001,
    Nov. 18, 1988, 102 Stat. 4151; Pub. L. 105-362, title V, Sec.
    501(a)(2), Nov. 10, 1998, 112 Stat. 3283; Pub. L. 106-457, title
    III, Secs. 301 - 303, Nov. 7, 2000, 114 Stat. 1972; Pub. L. 107-
    303, title III, Sec. 302(b)(1), Nov. 27, 2002, 116 Stat. 2361;
    Pub. L. 108-399, Sec. 1, Oct. 30, 2004, 118 Stat. 2253.)
-REFTEXT-
                            REFERENCES IN TEXT
      Executive Order 12372, referred to in subsec. (b), is Ex. Ord.
    No. 12372, July 14, 1982, 47 F.R. 30959, as amended, which is set
    out under section 6506 of Title 31, Money and Finance.
-MISC1-
                                AMENDMENTS
      2004 - Subsec. (i). Pub. L. 108-399 substituted "2010" for "2005"
    in introductory provisions.
      2002 - Subsec. (k). Pub. L. 107-303 repealed Pub. L. 105-362,
    Sec. 501(a)(2). See 1998 Amendment note below.
      2000 - Subsec. (a)(2)(B). Pub. L. 106-457, Sec. 301, inserted
    "Lake Pontchartrain Basin, Louisiana and Mississippi;" before "and
    Peconic Bay, New York."
      Subsec. (g)(2), (3). Pub. L. 106-457, Sec. 302, added pars. (2)
    and (3) and struck out former pars. (2) and (3) which read as
    follows:
      "(2) Purposes. - Grants under this subsection shall be made to
    pay for assisting research, surveys, studies, and modeling and
    other technical work necessary for the development of a
    conservation and management plan under this section.
      "(3) Federal share. - The amount of grants to any person
    (including a State, interstate, or regional agency or entity) under
    this subsection for a fiscal year shall not exceed 75 percent of
    the costs of such research, survey, studies, and work and shall be
    made on condition that the non-Federal share of such costs are
    provided from non-Federal sources."
      Subsec. (i). Pub. L. 106-457, Sec. 303, substituted "$35,000,000
    for each of fiscal years 2001 through 2005" for "$12,000,000 per
    fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and
    1991".
      1998 - Subsec. (k). Pub. L. 105-362, Sec. 501(a)(2), which
    directed the substitution of "section 1254(n)(3)" for "section
    1254(n)(4)", was repealed by Pub. L. 107-303. See Effective Date of
    2002 Amendment note below.
      1988 - Subsec. (a)(2)(B). Pub. L. 100-653, Sec. 1004, and Pub. L.
    100-688, Sec. 2001(1), made identical amendments, inserting
    "Massachusetts Bay, Massachusetts (including Cape Cod Bay and
    Boston Harbor);" after "Buzzards Bay, Massachusetts;".
      Pub. L. 100-688, Sec. 2001(2), substituted "California;
    Galveston" for "California; and Galveston".
      Pub. L. 100-688, Sec. 2001(3), which directed insertion of ";
    Barataria-Terrebonne Bay estuary complex, Louisiana; Indian River
    Lagoon, Florida; and Peconic Bay, New York" after "Galveston Bay,
    Texas;" was executed by making insertion after "Galveston Bay,
    Texas" as probable intent of Congress.
      1987 - Subsec. (a)(2)(B). Pub. L. 100-202 inserted "Santa Monica
    Bay, California;".
                     EFFECTIVE DATE OF 2002 AMENDMENT
      Amendment by Pub. L. 107-303 effective Nov. 10, 1998, and Federal
    Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and
    administered on and after Nov. 27, 2002, as if amendments made by
    section 501(a)-(d) of Pub. L. 105-362 had not been enacted, see
    section 302(b) of Pub. L. 107-303, set out as a note under section
    1254 of this title.
      MASSACHUSETTS BAY PROTECTION; DEFINITION; FINDINGS AND PURPOSE;
                              FUNDING SOURCES
      Sections 1002, 1003, 1005 of title X of Pub. L. 100-653 provided
    that:
      "SEC. 1002. DEFINITION.
      "For purposes of this title [amending section 1330 of this title
    and enacting provisions set out as notes under sections 1251 and
    1330 of this title], the term 'Massachusetts Bay' includes
    Massachusetts Bay, Cape Cod Bay, and Boston Harbor, consisting of
    an area extending from Cape Ann, Massachusetts south to the
    northern reach of Cape Cod, Massachusetts.
      "SEC. 1003. FINDINGS AND PURPOSE.
      "(a) Findings. - The Congress finds and declares that -
        "(1) Massachusetts Bay comprises a single major estuarine and
      oceanographic system extending from Cape Ann, Massachusetts south
      to the northern reaches of Cape Cod, encompassing Boston Harbor,
      Massachusetts Bay, and Cape Cod Bay;
        "(2) several major riverine systems, including the Charles,
      Neponset, and Mystic Rivers, drain the watersheds of eastern
      Massachusetts into the Bay;
        "(3) the shorelines of Massachusetts Bay, first occupied in the
      middle 1600's, are home to over 4 million people and support a
      thriving industrial and recreational economy;
        "(4) Massachusetts Bay supports important commercial fisheries,
      including lobsters, finfish, and shellfisheries, and is home to
      or frequented by several endangered species and marine mammals;
        "(5) Massachusetts Bay also constitutes an important
      recreational resource, providing fishing, swimming, and boating
      opportunities to the region;
        "(6) rapidly expanding coastal populations and pollution pose
      increasing threats to the long-term health and integrity of
      Massachusetts Bay;
        "(7) while the cleanup of Boston Harbor will contribute
      significantly to improving the overall environmental quality of
      Massachusetts Bay, expanded efforts encompassing the entire
      ecosystem will be necessary to ensure its long-term health;
        "(8) the concerted efforts of all levels of Government, the
      private sector, and the public at large will be necessary to
      protect and enhance the environmental integrity of Massachusetts
      Bay; and
        "(9) the designation of Massachusetts Bay as an Estuary of
      National Significance and the development of a comprehensive plan
      for protecting and restoring the Bay may contribute significantly
      to its long-term health and environmental integrity.
      "(b) Purpose. - The purpose of this title is to protect and
    enhance the environmental quality of Massachusetts Bay by providing
    for its designation as an Estuary of National Significance and by
    providing for the preparation of a comprehensive restoration plan
    for the Bay.
      "SEC. 1005. FUNDING SOURCES.
      "Within one year of enactment [Nov. 14, 1988], the Administrator
    of the United States Environmental Protection Agency and the
    Governor of Massachusetts shall undertake to identify and make
    available sources of funding to support activities pertaining to
    Massachusetts Bay undertaken pursuant to or authorized by section
    320 of the Clean Water Act [33 U.S.C. 1330], and shall make every
    effort to coordinate existing research, monitoring or control
    efforts with such activities."
             PURPOSES AND POLICIES OF NATIONAL ESTUARY PROGRAM
      Section 317(a) of Pub. L. 100-4 provided that:
      "(1) Findings. - Congress finds and declares that -
        "(A) the Nation's estuaries are of great importance for fish
      and wildlife resources and recreation and economic opportunity;
        "(B) maintaining the health and ecological integrity of these
      estuaries is in the national interest;
        "(C) increasing coastal population, development, and other
      direct and indirect uses of these estuaries threaten their health
      and ecological integrity;
        "(D) long-term planning and management will contribute to the
      continued productivity of these areas, and will maximize their
      utility to the Nation; and
        "(E) better coordination among Federal and State programs
      affecting estuaries will increase the effectiveness and
      efficiency of the national effort to protect, preserve, and
      restore these areas.
      "(2) Purposes. - The purposes of this section [enacting this
    section] are to -
        "(A) identify nationally significant estuaries that are
      threatened by pollution, development, or overuse;
        "(B) promote comprehensive planning for, and conservation and
      management of, nationally significant estuaries;
        "(C) encourage the preparation of management plans for
      estuaries of national significance; and
        "(D) enhance the coordination of estuarine research."
-End-
-CITE-
    33 USC SUBCHAPTER IV - PERMITS AND LICENSES                 01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV - PERMITS AND LICENSES
-HEAD-
                   SUBCHAPTER IV - PERMITS AND LICENSES
-End-
-CITE-
    33 USC Sec. 1341                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV - PERMITS AND LICENSES
-HEAD-
    Sec. 1341. Certification
-STATUTE-
    (a) Compliance with applicable requirements; application;
      procedures; license suspension
      (1) Any applicant for a Federal license or permit to conduct any
    activity including, but not limited to, the construction or
    operation of facilities, which may result in any discharge into the
    navigable waters, shall provide the licensing or permitting agency
    a certification from the State in which the discharge originates or
    will originate, or, if appropriate, from the interstate water
    pollution control agency having jurisdiction over the navigable
    waters at the point where the discharge originates or will
    originate, that any such discharge will comply with the applicable
    provisions of sections 1311, 1312, 1313, 1316, and 1317 of this
    title. In the case of any such activity for which there is not an
    applicable effluent limitation or other limitation under sections
    1311(b) and 1312 of this title, and there is not an applicable
    standard under sections 1316 and 1317 of this title, the State
    shall so certify, except that any such certification shall not be
    deemed to satisfy section 1371(c) of this title. Such State or
    interstate agency shall establish procedures for public notice in
    the case of all applications for certification by it and, to the
    extent it deems appropriate, procedures for public hearings in
    connection with specific applications. In any case where a State or
    interstate agency has no authority to give such a certification,
    such certification shall be from the Administrator. If the State,
    interstate agency, or Administrator, as the case may be, fails or
    refuses to act on a request for certification, within a reasonable
    period of time (which shall not exceed one year) after receipt of
    such request, the certification requirements of this subsection
    shall be waived with respect to such Federal application. No
    license or permit shall be granted until the certification required
    by this section has been obtained or has been waived as provided in
    the preceding sentence. No license or permit shall be granted if
    certification has been denied by the State, interstate agency, or
    the Administrator, as the case may be.
      (2) Upon receipt of such application and certification the
    licensing or permitting agency shall immediately notify the
    Administrator of such application and certification. Whenever such
    a discharge may affect, as determined by the Administrator, the
    quality of the waters of any other State, the Administrator within
    thirty days of the date of notice of application for such Federal
    license or permit shall so notify such other State, the licensing
    or permitting agency, and the applicant. If, within sixty days
    after receipt of such notification, such other State determines
    that such discharge will affect the quality of its waters so as to
    violate any water quality requirements in such State, and within
    such sixty-day period notifies the Administrator and the licensing
    or permitting agency in writing of its objection to the issuance of
    such license or permit and requests a public hearing on such
    objection, the licensing or permitting agency shall hold such a
    hearing. The Administrator shall at such hearing submit his
    evaluation and recommendations with respect to any such objection
    to the licensing or permitting agency. Such agency, based upon the
    recommendations of such State, the Administrator, and upon any
    additional evidence, if any, presented to the agency at the
    hearing, shall condition such license or permit in such manner as
    may be necessary to insure compliance with applicable water quality
    requirements. If the imposition of conditions cannot insure such
    compliance such agency shall not issue such license or permit.
      (3) The certification obtained pursuant to paragraph (1) of this
    subsection with respect to the construction of any facility shall
    fulfill the requirements of this subsection with respect to
    certification in connection with any other Federal license or
    permit required for the operation of such facility unless, after
    notice to the certifying State, agency, or Administrator, as the
    case may be, which shall be given by the Federal agency to whom
    application is made for such operating license or permit, the
    State, or if appropriate, the interstate agency or the
    Administrator, notifies such agency within sixty days after receipt
    of such notice that there is no longer reasonable assurance that
    there will be compliance with the applicable provisions of sections
    1311, 1312, 1313, 1316, and 1317 of this title because of changes
    since the construction license or permit certification was issued
    in (A) the construction or operation of the facility, (B) the
    characteristics of the waters into which such discharge is made,
    (C) the water quality criteria applicable to such waters or (D)
    applicable effluent limitations or other requirements. This
    paragraph shall be inapplicable in any case where the applicant for
    such operating license or permit has failed to provide the
    certifying State, or, if appropriate, the interstate agency or the
    Administrator, with notice of any proposed changes in the
    construction or operation of the facility with respect to which a
    construction license or permit has been granted, which changes may
    result in violation of section 1311, 1312, 1313, 1316, or 1317 of
    this title.
      (4) Prior to the initial operation of any federally licensed or
    permitted facility or activity which may result in any discharge
    into the navigable waters and with respect to which a certification
    has been obtained pursuant to paragraph (1) of this subsection,
    which facility or activity is not subject to a Federal operating
    license or permit, the licensee or permittee shall provide an
    opportunity for such certifying State, or, if appropriate, the
    interstate agency or the Administrator to review the manner in
    which the facility or activity shall be operated or conducted for
    the purposes of assuring that applicable effluent limitations or
    other limitations or other applicable water quality requirements
    will not be violated. Upon notification by the certifying State, or
    if appropriate, the interstate agency or the Administrator that the
    operation of any such federally licensed or permitted facility or
    activity will violate applicable effluent limitations or other
    limitations or other water quality requirements such Federal agency
    may, after public hearing, suspend such license or permit. If such
    license or permit is suspended, it shall remain suspended until
    notification is received from the certifying State, agency, or
    Administrator, as the case may be, that there is reasonable
    assurance that such facility or activity will not violate the
    applicable provisions of section 1311, 1312, 1313, 1316, or 1317 of
    this title.
      (5) Any Federal license or permit with respect to which a
    certification has been obtained under paragraph (1) of this
    subsection may be suspended or revoked by the Federal agency
    issuing such license or permit upon the entering of a judgment
    under this chapter that such facility or activity has been operated
    in violation of the applicable provisions of section 1311, 1312,
    1313, 1316, or 1317 of this title.
      (6) Except with respect to a permit issued under section 1342 of
    this title, in any case where actual construction of a facility has
    been lawfully commenced prior to April 3, 1970, no certification
    shall be required under this subsection for a license or permit
    issued after April 3, 1970, to operate such facility, except that
    any such license or permit issued without certification shall
    terminate April 3, 1973, unless prior to such termination date the
    person having such license or permit submits to the Federal agency
    which issued such license or permit a certification and otherwise
    meets the requirements of this section.
    (b) Compliance with other provisions of law setting applicable
      water quality requirements
      Nothing in this section shall be construed to limit the authority
    of any department or agency pursuant to any other provision of law
    to require compliance with any applicable water quality
    requirements. The Administrator shall, upon the request of any
    Federal department or agency, or State or interstate agency, or
    applicant, provide, for the purpose of this section, any relevant
    information on applicable effluent limitations, or other
    limitations, standards, regulations, or requirements, or water
    quality criteria, and shall, when requested by any such department
    or agency or State or interstate agency, or applicant, comment on
    any methods to comply with such limitations, standards,
    regulations, requirements, or criteria.
    (c) Authority of Secretary of the Army to permit use of spoil
      disposal areas by Federal licensees or permittees
      In order to implement the provisions of this section, the
    Secretary of the Army, acting through the Chief of Engineers, is
    authorized, if he deems it to be in the public interest, to permit
    the use of spoil disposal areas under his jurisdiction by Federal
    licensees or permittees, and to make an appropriate charge for such
    use. Moneys received from such licensees or permittees shall be
    deposited in the Treasury as miscellaneous receipts.
    (d) Limitations and monitoring requirements of certification
      Any certification provided under this section shall set forth any
    effluent limitations and other limitations, and monitoring
    requirements necessary to assure that any applicant for a Federal
    license or permit will comply with any applicable effluent
    limitations and other limitations, under section 1311 or 1312 of
    this title, standard of performance under section 1316 of this
    title, or prohibition, effluent standard, or pretreatment standard
    under section 1317 of this title, and with any other appropriate
    requirement of State law set forth in such certification, and shall
    become a condition on any Federal license or permit subject to the
    provisions of this section.
-SOURCE-
    (June 30, 1948, ch. 758, title IV, Sec. 401, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 877; amended Pub. L. 95-217,
    Secs. 61(b), 64, Dec. 27, 1977, 91 Stat. 1598, 1599.)
-MISC1-
                                AMENDMENTS
      1977 - Subsec. (a). Pub. L. 95-217 inserted reference to section
    1313 of this title in pars. (1), (3), (4), and (5), struck out par.
    (6) which provided that no Federal agency be deemed an applicant
    for purposes of this subsection, and redesignated par. (7) as (6).
-End-
-CITE-
    33 USC Sec. 1342                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV - PERMITS AND LICENSES
-HEAD-
    Sec. 1342. National pollutant discharge elimination system
-STATUTE-
    (a) Permits for discharge of pollutants
      (1) Except as provided in sections 1328 and 1344 of this title,
    the Administrator may, after opportunity for public hearing issue a
    permit for the discharge of any pollutant, or combination of
    pollutants, notwithstanding section 1311(a) of this title, upon
    condition that such discharge will meet either (A) all applicable
    requirements under sections 1311, 1312, 1316, 1317, 1318, and 1343
    of this title, or (B) prior to the taking of necessary implementing
    actions relating to all such requirements, such conditions as the
    Administrator determines are necessary to carry out the provisions
    of this chapter.
      (2) The Administrator shall prescribe conditions for such permits
    to assure compliance with the requirements of paragraph (1) of this
    subsection, including conditions on data and information
    collection, reporting, and such other requirements as he deems
    appropriate.
      (3) The permit program of the Administrator under paragraph (1)
    of this subsection, and permits issued thereunder, shall be subject
    to the same terms, conditions, and requirements as apply to a State
    permit program and permits issued thereunder under subsection (b)
    of this section.
      (4) All permits for discharges into the navigable waters issued
    pursuant to section 407 of this title shall be deemed to be permits
    issued under this subchapter, and permits issued under this
    subchapter shall be deemed to be permits issued under section 407
    of this title, and shall continue in force and effect for their
    term unless revoked, modified, or suspended in accordance with the
    provisions of this chapter.
      (5) No permit for a discharge into the navigable waters shall be
    issued under section 407 of this title after October 18, 1972. Each
    application for a permit under section 407 of this title, pending
    on October 18, 1972, shall be deemed to be an application for a
    permit under this section. The Administrator shall authorize a
    State, which he determines has the capability of administering a
    permit program which will carry out the objectives of this chapter
    to issue permits for discharges into the navigable waters within
    the jurisdiction of such State. The Administrator may exercise the
    authority granted him by the preceding sentence only during the
    period which begins on October 18, 1972, and ends either on the
    ninetieth day after the date of the first promulgation of
    guidelines required by section 1314(i)(2) of this title, or the
    date of approval by the Administrator of a permit program for such
    State under subsection (b) of this section, whichever date first
    occurs, and no such authorization to a State shall extend beyond
    the last day of such period. Each such permit shall be subject to
    such conditions as the Administrator determines are necessary to
    carry out the provisions of this chapter. No such permit shall
    issue if the Administrator objects to such issuance.
    (b) State permit programs
      At any time after the promulgation of the guidelines required by
    subsection (i)(2) of section 1314 of this title, the Governor of
    each State desiring to administer its own permit program for
    discharges into navigable waters within its jurisdiction may submit
    to the Administrator a full and complete description of the program
    it proposes to establish and administer under State law or under an
    interstate compact. In addition, such State shall submit a
    statement from the attorney general (or the attorney for those
    State water pollution control agencies which have independent legal
    counsel), or from the chief legal officer in the case of an
    interstate agency, that the laws of such State, or the interstate
    compact, as the case may be, provide adequate authority to carry
    out the described program. The Administrator shall approve each
    submitted program unless he determines that adequate authority does
    not exist:
      (1) To issue permits which -
        (A) apply, and insure compliance with, any applicable
      requirements of sections 1311, 1312, 1316, 1317, and 1343 of this
      title;
        (B) are for fixed terms not exceeding five years; and
        (C) can be terminated or modified for cause including, but not
      limited to, the following:
          (i) violation of any condition of the permit;
          (ii) obtaining a permit by misrepresentation, or failure to
        disclose fully all relevant facts;
          (iii) change in any condition that requires either a
        temporary or permanent reduction or elimination of the
        permitted discharge;
        (D) control the disposal of pollutants into wells;
      (2)(A) To issue permits which apply, and insure compliance with,
    all applicable requirements of section 1318 of this title; or
      (B) To inspect, monitor, enter, and require reports to at least
    the same extent as required in section 1318 of this title;
      (3) To insure that the public, and any other State the waters of
    which may be affected, receive notice of each application for a
    permit and to provide an opportunity for public hearing before a
    ruling on each such application;
      (4) To insure that the Administrator receives notice of each
    application (including a copy thereof) for a permit;
      (5) To insure that any State (other than the permitting State),
    whose waters may be affected by the issuance of a permit may submit
    written recommendations to the permitting State (and the
    Administrator) with respect to any permit application and, if any
    part of such written recommendations are not accepted by the
    permitting State, that the permitting State will notify such
    affected State (and the Administrator) in writing of its failure to
    so accept such recommendations together with its reasons for so
    doing;
      (6) To insure that no permit will be issued if, in the judgment
    of the Secretary of the Army acting through the Chief of Engineers,
    after consultation with the Secretary of the department in which
    the Coast Guard is operating, anchorage and navigation of any of
    the navigable waters would be substantially impaired thereby;
      (7) To abate violations of the permit or the permit program,
    including civil and criminal penalties and other ways and means of
    enforcement;
      (8) To insure that any permit for a discharge from a publicly
    owned treatment works includes conditions to require the
    identification in terms of character and volume of pollutants of
    any significant source introducing pollutants subject to
    pretreatment standards under section 1317(b) of this title into
    such works and a program to assure compliance with such
    pretreatment standards by each such source, in addition to adequate
    notice to the permitting agency of (A) new introductions into such
    works of pollutants from any source which would be a new source as
    defined in section 1316 of this title if such source were
    discharging pollutants, (B) new introductions of pollutants into
    such works from a source which would be subject to section 1311 of
    this title if it were discharging such pollutants, or (C) a
    substantial change in volume or character of pollutants being
    introduced into such works by a source introducing pollutants into
    such works at the time of issuance of the permit. Such notice shall
    include information on the quality and quantity of effluent to be
    introduced into such treatment works and any anticipated impact of
    such change in the quantity or quality of effluent to be discharged
    from such publicly owned treatment works; and
      (9) To insure that any industrial user of any publicly owned
    treatment works will comply with sections 1284(b), 1317, and 1318
    of this title.
    (c) Suspension of Federal program upon submission of State program;
      withdrawal of approval of State program; return of State program
      to Administrator
      (1) Not later than ninety days after the date on which a State
    has submitted a program (or revision thereof) pursuant to
    subsection (b) of this section, the Administrator shall suspend the
    issuance of permits under subsection (a) of this section as to
    those discharges subject to such program unless he determines that
    the State permit program does not meet the requirements of
    subsection (b) of this section or does not conform to the
    guidelines issued under section 1314(i)(2) of this title. If the
    Administrator so determines, he shall notify the State of any
    revisions or modifications necessary to conform to such
    requirements or guidelines.
      (2) Any State permit program under this section shall at all
    times be in accordance with this section and guidelines promulgated
    pursuant to section 1314(i)(2) of this title.
      (3) Whenever the Administrator determines after public hearing
    that a State is not administering a program approved under this
    section in accordance with requirements of this section, he shall
    so notify the State and, if appropriate corrective action is not
    taken within a reasonable time, not to exceed ninety days, the
    Administrator shall withdraw approval of such program. The
    Administrator shall not withdraw approval of any such program
    unless he shall first have notified the State, and made public, in
    writing, the reasons for such withdrawal.
      (4) Limitations on partial permit program returns and
    withdrawals. - A State may return to the Administrator
    administration, and the Administrator may withdraw under paragraph
    (3) of this subsection approval, of -
        (A) a State partial permit program approved under subsection
      (n)(3) of this section only if the entire permit program being
      administered by the State department or agency at the time is
      returned or withdrawn; and
        (B) a State partial permit program approved under subsection
      (n)(4) of this section only if an entire phased component of the
      permit program being administered by the State at the time is
      returned or withdrawn.
    (d) Notification of Administrator
      (1) Each State shall transmit to the Administrator a copy of each
    permit application received by such State and provide notice to the
    Administrator of every action related to the consideration of such
    permit application, including each permit proposed to be issued by
    such State.
      (2) No permit shall issue (A) if the Administrator within ninety
    days of the date of his notification under subsection (b)(5) of
    this section objects in writing to the issuance of such permit, or
    (B) if the Administrator within ninety days of the date of
    transmittal of the proposed permit by the State objects in writing
    to the issuance of such permit as being outside the guidelines and
    requirements of this chapter. Whenever the Administrator objects to
    the issuance of a permit under this paragraph such written
    objection shall contain a statement of the reasons for such
    objection and the effluent limitations and conditions which such
    permit would include if it were issued by the Administrator.
      (3) The Administrator may, as to any permit application, waive
    paragraph (2) of this subsection.
      (4) In any case where, after December 27, 1977, the
    Administrator, pursuant to paragraph (2) of this subsection,
    objects to the issuance of a permit, on request of the State, a
    public hearing shall be held by the Administrator on such
    objection. If the State does not resubmit such permit revised to
    meet such objection within 30 days after completion of the hearing,
    or, if no hearing is requested within 90 days after the date of
    such objection, the Administrator may issue the permit pursuant to
    subsection (a) of this section for such source in accordance with
    the guidelines and requirements of this chapter.
    (e) Waiver of notification requirement
      In accordance with guidelines promulgated pursuant to subsection
    (i)(2) of section 1314 of this title, the Administrator is
    authorized to waive the requirements of subsection (d) of this
    section at the time he approves a program pursuant to subsection
    (b) of this section for any category (including any class, type, or
    size within such category) of point sources within the State
    submitting such program.
    (f) Point source categories
      The Administrator shall promulgate regulations establishing
    categories of point sources which he determines shall not be
    subject to the requirements of subsection (d) of this section in
    any State with a program approved pursuant to subsection (b) of
    this section. The Administrator may distinguish among classes,
    types, and sizes within any category of point sources.
    (g) Other regulations for safe transportation, handling, carriage,
      storage, and stowage of pollutants
      Any permit issued under this section for the discharge of
    pollutants into the navigable waters from a vessel or other
    floating craft shall be subject to any applicable regulations
    promulgated by the Secretary of the department in which the Coast
    Guard is operating, establishing specifications for safe
    transportation, handling, carriage, storage, and stowage of
    pollutants.
    (h) Violation of permit conditions; restriction or prohibition upon
      introduction of pollutant by source not previously utilizing
      treatment works
      In the event any condition of a permit for discharges from a
    treatment works (as defined in section 1292 of this title) which is
    publicly owned is violated, a State with a program approved under
    subsection (b) of this section or the Administrator, where no State
    program is approved or where the Administrator determines pursuant
    to section 1319(a) of this title that a State with an approved
    program has not commenced appropriate enforcement action with
    respect to such permit, may proceed in a court of competent
    jurisdiction to restrict or prohibit the introduction of any
    pollutant into such treatment works by a source not utilizing such
    treatment works prior to the finding that such condition was
    violated.
    (i) Federal enforcement not limited
      Nothing in this section shall be construed to limit the authority
    of the Administrator to take action pursuant to section 1319 of
    this title.
    (j) Public information
      A copy of each permit application and each permit issued under
    this section shall be available to the public. Such permit
    application or permit, or portion thereof, shall further be
    available on request for the purpose of reproduction.
    (k) Compliance with permits
      Compliance with a permit issued pursuant to this section shall be
    deemed compliance, for purposes of sections 1319 and 1365 of this
    title, with sections 1311, 1312, 1316, 1317, and 1343 of this
    title, except any standard imposed under section 1317 of this title
    for a toxic pollutant injurious to human health. Until December 31,
    1974, in any case where a permit for discharge has been applied for
    pursuant to this section, but final administrative disposition of
    such application has not been made, such discharge shall not be a
    violation of (1) section 1311, 1316, or 1342 of this title, or (2)
    section 407 of this title, unless the Administrator or other
    plaintiff proves that final administrative disposition of such
    application has not been made because of the failure of the
    applicant to furnish information reasonably required or requested
    in order to process the application. For the 180-day period
    beginning on October 18, 1972, in the case of any point source
    discharging any pollutant or combination of pollutants immediately
    prior to such date which source is not subject to section 407 of
    this title, the discharge by such source shall not be a violation
    of this chapter if such a source applies for a permit for discharge
    pursuant to this section within such 180-day period.
    (l) Limitation on permit requirement
      (1) Agricultural return flows
        The Administrator shall not require a permit under this section
      for discharges composed entirely of return flows from irrigated
      agriculture, nor shall the Administrator directly or indirectly,
      require any State to require such a permit.
      (2) Stormwater runoff from oil, gas, and mining operations
        The Administrator shall not require a permit under this
      section, nor shall the Administrator directly or indirectly
      require any State to require a permit, for discharges of
      stormwater runoff from mining operations or oil and gas
      exploration, production, processing, or treatment operations or
      transmission facilities, composed entirely of flows which are
      from conveyances or systems of conveyances (including but not
      limited to pipes, conduits, ditches, and channels) used for
      collecting and conveying precipitation runoff and which are not
      contaminated by contact with, or do not come into contact with,
      any overburden, raw material, intermediate products, finished
      product, byproduct, or waste products located on the site of such
      operations.
    (m) Additional pretreatment of conventional pollutants not required
      To the extent a treatment works (as defined in section 1292 of
    this title) which is publicly owned is not meeting the requirements
    of a permit issued under this section for such treatment works as a
    result of inadequate design or operation of such treatment works,
    the Administrator, in issuing a permit under this section, shall
    not require pretreatment by a person introducing conventional
    pollutants identified pursuant to section 1314(a)(4) of this title
    into such treatment works other than pretreatment required to
    assure compliance with pretreatment standards under subsection
    (b)(8) of this section and section 1317(b)(1) of this title.
    Nothing in this subsection shall affect the Administrator's
    authority under sections 1317 and 1319 of this title, affect State
    and local authority under sections 1317(b)(4) and 1370 of this
    title, relieve such treatment works of its obligations to meet
    requirements established under this chapter, or otherwise preclude
    such works from pursuing whatever feasible options are available to
    meet its responsibility to comply with its permit under this
    section.
    (n) Partial permit program
      (1) State submission
        The Governor of a State may submit under subsection (b) of this
      section a permit program for a portion of the discharges into the
      navigable waters in such State.
      (2) Minimum coverage
        A partial permit program under this subsection shall cover, at
      a minimum, administration of a major category of the discharges
      into the navigable waters of the State or a major component of
      the permit program required by subsection (b) of this section.
      (3) Approval of major category partial permit programs
        The Administrator may approve a partial permit program covering
      administration of a major category of discharges under this
      subsection if -
          (A) such program represents a complete permit program and
        covers all of the discharges under the jurisdiction of a
        department or agency of the State; and
          (B) the Administrator determines that the partial program
        represents a significant and identifiable part of the State
        program required by subsection (b) of this section.
      (4) Approval of major component partial permit programs
        The Administrator may approve under this subsection a partial
      and phased permit program covering administration of a major
      component (including discharge categories) of a State permit
      program required by subsection (b) of this section if -
          (A) the Administrator determines that the partial program
        represents a significant and identifiable part of the State
        program required by subsection (b) of this section; and
          (B) the State submits, and the Administrator approves, a plan
        for the State to assume administration by phases of the
        remainder of the State program required by subsection (b) of
        this section by a specified date not more than 5 years after
        submission of the partial program under this subsection and
        agrees to make all reasonable efforts to assume such
        administration by such date.
    (o) Anti-backsliding
      (1) General prohibition
        In the case of effluent limitations established on the basis of
      subsection (a)(1)(B) of this section, a permit may not be
      renewed, reissued, or modified on the basis of effluent
      guidelines promulgated under section 1314(b) of this title
      subsequent to the original issuance of such permit, to contain
      effluent limitations which are less stringent than the comparable
      effluent limitations in the previous permit. In the case of
      effluent limitations established on the basis of section
      1311(b)(1)(C) or section 1313(d) or (e) of this title, a permit
      may not be renewed, reissued, or modified to contain effluent
      limitations which are less stringent than the comparable effluent
      limitations in the previous permit except in compliance with
      section 1313(d)(4) of this title.
      (2) Exceptions
        A permit with respect to which paragraph (1) applies may be
      renewed, reissued, or modified to contain a less stringent
      effluent limitation applicable to a pollutant if -
          (A) material and substantial alterations or additions to the
        permitted facility occurred after permit issuance which justify
        the application of a less stringent effluent limitation;
          (B)(i) information is available which was not available at
        the time of permit issuance (other than revised regulations,
        guidance, or test methods) and which would have justified the
        application of a less stringent effluent limitation at the time
        of permit issuance; or
          (ii) the Administrator determines that technical mistakes or
        mistaken interpretations of law were made in issuing the permit
        under subsection (a)(1)(B) of this section;
          (C) a less stringent effluent limitation is necessary because
        of events over which the permittee has no control and for which
        there is no reasonably available remedy;
          (D) the permittee has received a permit modification under
        section 1311(c), 1311(g), 1311(h), 1311(i), 1311(k), 1311(n),
        or 1326(a) of this title; or
          (E) the permittee has installed the treatment facilities
        required to meet the effluent limitations in the previous
        permit and has properly operated and maintained the facilities
        but has nevertheless been unable to achieve the previous
        effluent limitations, in which case the limitations in the
        reviewed, reissued, or modified permit may reflect the level of
        pollutant control actually achieved (but shall not be less
        stringent than required by effluent guidelines in effect at the
        time of permit renewal, reissuance, or modification).
      Subparagraph (B) shall not apply to any revised waste load
      allocations or any alternative grounds for translating water
      quality standards into effluent limitations, except where the
      cumulative effect of such revised allocations results in a
      decrease in the amount of pollutants discharged into the
      concerned waters, and such revised allocations are not the result
      of a discharger eliminating or substantially reducing its
      discharge of pollutants due to complying with the requirements of
      this chapter or for reasons otherwise unrelated to water quality.
      (3) Limitations
        In no event may a permit with respect to which paragraph (1)
      applies be renewed, reissued, or modified to contain an effluent
      limitation which is less stringent than required by effluent
      guidelines in effect at the time the permit is renewed, reissued,
      or modified. In no event may such a permit to discharge into
      waters be renewed, reissued, or modified to contain a less
      stringent effluent limitation if the implementation of such
      limitation would result in a violation of a water quality
      standard under section 1313 of this title applicable to such
      waters.
    (p) Municipal and industrial stormwater discharges
      (1) General rule
        Prior to October 1, 1994, the Administrator or the State (in
      the case of a permit program approved under this section) shall
      not require a permit under this section for discharges composed
      entirely of stormwater.
      (2) Exceptions
        Paragraph (1) shall not apply with respect to the following
      stormwater discharges:
          (A) A discharge with respect to which a permit has been
        issued under this section before February 4, 1987.
          (B) A discharge associated with industrial activity.
          (C) A discharge from a municipal separate storm sewer system
        serving a population of 250,000 or more.
          (D) A discharge from a municipal separate storm sewer system
        serving a population of 100,000 or more but less than 250,000.
          (E) A discharge for which the Administrator or the State, as
        the case may be, determines that the stormwater discharge
        contributes to a violation of a water quality standard or is a
        significant contributor of pollutants to waters of the United
        States.
      (3) Permit requirements
        (A) Industrial discharges
          Permits for discharges associated with industrial activity
        shall meet all applicable provisions of this section and
        section 1311 of this title.
        (B) Municipal discharge
          Permits for discharges from municipal storm sewers -
            (i) may be issued on a system- or jurisdiction-wide basis;
            (ii) shall include a requirement to effectively prohibit
          non-stormwater discharges into the storm sewers; and
            (iii) shall require controls to reduce the discharge of
          pollutants to the maximum extent practicable, including
          management practices, control techniques and system, design
          and engineering methods, and such other provisions as the
          Administrator or the State determines appropriate for the
          control of such pollutants.
      (4) Permit application requirements
        (A) Industrial and large municipal discharges
          Not later than 2 years after February 4, 1987, the
        Administrator shall establish regulations setting forth the
        permit application requirements for stormwater discharges
        described in paragraphs (2)(B) and (2)(C). Applications for
        permits for such discharges shall be filed no later than 3
        years after February 4, 1987. Not later than 4 years after
        February 4, 1987, the Administrator or the State, as the case
        may be, shall issue or deny each such permit. Any such permit
        shall provide for compliance as expeditiously as practicable,
        but in no event later than 3 years after the date of issuance
        of such permit.
        (B) Other municipal discharges
          Not later than 4 years after February 4, 1987, the
        Administrator shall establish regulations setting forth the
        permit application requirements for stormwater discharges
        described in paragraph (2)(D). Applications for permits for
        such discharges shall be filed no later than 5 years after
        February 4, 1987. Not later than 6 years after February 4,
        1987, the Administrator or the State, as the case may be, shall
        issue or deny each such permit. Any such permit shall provide
        for compliance as expeditiously as practicable, but in no event
        later than 3 years after the date of issuance of such permit.
      (5) Studies
        The Administrator, in consultation with the States, shall
      conduct a study for the purposes of -
          (A) identifying those stormwater discharges or classes of
        stormwater discharges for which permits are not required
        pursuant to paragraphs (1) and (2) of this subsection;
          (B) determining, to the maximum extent practicable, the
        nature and extent of pollutants in such discharges; and
          (C) establishing procedures and methods to control stormwater
        discharges to the extent necessary to mitigate impacts on water
        quality.
      Not later than October 1, 1988, the Administrator shall submit to
      Congress a report on the results of the study described in
      subparagraphs (A) and (B). Not later than October 1, 1989, the
      Administrator shall submit to Congress a report on the results of
      the study described in subparagraph (C).
      (6) Regulations
        Not later than October 1, 1993, the Administrator, in
      consultation with State and local officials, shall issue
      regulations (based on the results of the studies conducted under
      paragraph (5)) which designate stormwater discharges, other than
      those discharges described in paragraph (2), to be regulated to
      protect water quality and shall establish a comprehensive program
      to regulate such designated sources. The program shall, at a
      minimum, (A) establish priorities, (B) establish requirements for
      State stormwater management programs, and (C) establish
      expeditious deadlines. The program may include performance
      standards, guidelines, guidance, and management practices and
      treatment requirements, as appropriate.
    (q) Combined sewer overflows
      (1) Requirement for permits, orders, and decrees
        Each permit, order, or decree issued pursuant to this chapter
      after December 21, 2000, for a discharge from a municipal
      combined storm and sanitary sewer shall conform to the Combined
      Sewer Overflow Control Policy signed by the Administrator on
      April 11, 1994 (in this subsection referred to as the "CSO
      control policy").
      (2) Water quality and designated use review guidance
        Not later than July 31, 2001, and after providing notice and
      opportunity for public comment, the Administrator shall issue
      guidance to facilitate the conduct of water quality and
      designated use reviews for municipal combined sewer overflow
      receiving waters.
      (3) Report
        Not later than September 1, 2001, the Administrator shall
      transmit to Congress a report on the progress made by the
      Environmental Protection Agency, States, and municipalities in
      implementing and enforcing the CSO control policy.
-SOURCE-
    (June 30, 1948, ch. 758, title IV, Sec. 402, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 880; amended Pub. L. 95-217,
    Secs. 33(c), 50, 54(c)(1), 65, 66, Dec. 27, 1977, 91 Stat. 1577,
    1588, 1591, 1599, 1600; Pub. L. 100-4, title IV, Secs. 401-404(a),
    404(c), formerly 404(d), 405, Feb. 4, 1987, 101 Stat. 65-67, 69,
    renumbered Sec. 404(c), Pub. L. 104-66, title II, Sec. 2021(e)(2),
    Dec. 21, 1995, 109 Stat. 727; Pub. L. 102-580, title III, Sec. 364,
    Oct. 31, 1992, 106 Stat. 4862; Pub. L. 106-554, Sec. 1(a)(4) [div.
    B, title I, Sec. 112(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-
    224.)
-MISC1-
                                AMENDMENTS
      2000 - Subsec. (q). Pub. L. 106-554 added subsec. (q).
      1992 - Subsec. (p)(1), (6). Pub. L. 102-580 substituted "October
    1, 1994" for "October 1, 1992" in par. (1) and "October 1, 1993"
    for "October 1, 1992" in par. (6).
      1987 - Subsec. (a)(1). Pub. L. 100-4, Sec. 404(c), inserted cl.
    (A) and (B) designations.
      Subsec. (c)(1). Pub. L. 100-4, Sec. 403(b)(2), substituted "as to
    those discharges" for "as to those navigable waters".
      Subsec. (c)(4). Pub. L. 100-4, Sec. 403(b)(1), added par. (4).
      Subsec. (l). Pub. L. 100-4, Sec. 401, inserted "Limitation on
    permit requirement" as subsec. heading designated existing
    provisions as par. (1) and inserted par. heading, added par. (2),
    and aligned pars. (1) and (2).
      Subsecs. (m) to (p). Pub. L. 100-4, Secs. 402, 403(a), 404(a),
    405, added subsecs. (m) to (p).
      1977 - Subsec. (a)(5). Pub. L. 95-217, Sec. 50, substituted
    "section 1314(i)(2)" for "section 1314(h)(2)".
      Subsec. (b). Pub. L. 95-217, Sec. 50, substituted in provisions
    preceding par. (1) "subsection (i)(2) of section 1314" for
    "subsection (h)(2) of section 1314".
      Subsec. (b)(8). Pub. L. 95-217, Sec. 54(c)(1), inserted reference
    to identification in terms of character and volume of pollutants of
    any significant source introducing pollutants subject to
    pretreatment standards under section 1317(b) of this title into
    treatment works and programs to assure compliance with pretreatment
    standards by each source.
      Subsec. (c)(1), (2). Pub. L. 95-217, Sec. 50, substituted
    "section 1314(i)(2)" for "section 1314(h)(2)".
      Subsec. (d)(2). Pub. L. 95-217, Sec. 65(b), inserted provision
    requiring that, whenever the Administrator objects to the issuance
    of a permit under subsec. (d)(2) of this section, the written
    objection contain a statement of the reasons for the objection and
    the effluent limitations and conditions which the permit would
    include if it were issued by the Administrator.
      Subsec. (d)(4). Pub. L. 95-217, Sec. 65(a), added par. (4).
      Subsec. (e). Pub. L. 95-217, Sec. 50, substituted "subsection
    (i)(2) of section 1314" for "subsection (h)(2) of section 1314".
      Subsec. (h). Pub. L. 95-217, Sec. 66, substituted "where no State
    program is approved or where the Administrator determines pursuant
    to section 1319(a) of this title that a State with an approved
    program has not commenced appropriate enforcement action with
    respect to such permit," for "where no State program is approved,".
      Subsec. (l). Pub. L. 95-217, Sec. 33(c), added subsec. (l).
-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 Administrator or other official of the
    Environmental Protection Agency under this section relating to
    compliance with national pollutant discharge elimination system
    permits with respect to pre-construction, construction, and initial
    operation of transportation system for Canadian and Alaskan natural
    gas were transferred to the Federal Inspector, Office of Federal
    Inspector for the Alaska Natural Gas Transportation System, until
    the first anniversary of the date of initial operation of the
    Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of
    1979, Secs. 102(a), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,
    1376, effective July 1, 1979, set out in the Appendix to Title 5,
    Government Organization and Employees. Office of Federal Inspector
    for the Alaska Natural Gas Transportation System abolished and
    functions and 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. Functions and authority
    vested in Secretary of Energy subsequently transferred to Federal
    Coordinator for Alaska Natural Gas Transportation Projects by
    section 720d(f) of Title 15.
-MISC2-
                      STORMWATER PERMIT REQUIREMENTS
      Pub. L. 102-240, title I, Sec. 1068, Dec. 18, 1991, 105 Stat.
    2007, provided that:
      "(a) General Rule. - Notwithstanding the requirements of sections
    402(p)(2)(B), (C), and (D) of the Federal Water Pollution Control
    Act [33 U.S.C. 1342(p)(2)(B), (C), (D)], permit application
    deadlines for stormwater discharges associated with industrial
    activities from facilities that are owned or operated by a
    municipality shall be established by the Administrator of the
    Environmental Protection Agency (hereinafter in this section
    referred to as the 'Administrator') pursuant to the requirements of
    this section.
      "(b) Permit Applications. -
        "(1) Individual applications. - The Administrator shall require
      individual permit applications for discharges described in
      subsection (a) on or before October 1, 1992; except that any
      municipality that has participated in a timely part I group
      application for an industrial activity discharging stormwater
      that is denied such participation in a group application or for
      which a group application is denied shall not be required to
      submit an individual application until the 180th day following
      the date on which the denial is made.
        "(2) Group applications. - With respect to group applications
      for permits for discharges described in subsection (a), the
      Administrator shall require -
          "(A) part I applications on or before September 30, 1991,
        except that any municipality with a population of less than
        250,000 shall not be required to submit a part I application
        before May 18, 1992; and
          "(B) part II applications on or before October 1, 1992,
        except that any municipality with a population of less than
        250,000 shall not be required to submit a part II application
        before May 17, 1993.
      "(c) Municipalities With Less Than 100,000 Population. - The
    Administrator shall not require any municipality with a population
    of less than 100,000 to apply for or obtain a permit for any
    stormwater discharge associated with an industrial activity other
    than an airport, powerplant, or uncontrolled sanitary landfill
    owned or operated by such municipality before October 1, 1992,
    unless such permit is required by section 402(p)(2)(A) or (E) of
    the Federal Water Pollution Control Act [33 U.S.C. 1342(p)(2)(A),
    (E)].
      "(d) Uncontrolled Sanitary Landfill Defined. - For the purposes
    of this section, the term 'uncontrolled sanitary landfill' means a
    landfill or open dump, whether in operation or closed, that does
    not meet the requirements for run-on and run-off controls
    established pursuant to subtitle D of the Solid Waste Disposal Act
    [42 U.S.C. 6941 et seq.].
      "(e) Limitation on Statutory Construction. - Nothing in this
    section shall be construed to affect any application or permit
    requirement, including any deadline, to apply for or obtain a
    permit for stormwater discharges subject to section 402(p)(2)(A) or
    (E) of the Federal Water Pollution Control Act [33 U.S.C.
    1342(p)(2)(A), (E)].
      "(f) Regulations. - The Administrator shall issue final
    regulations with respect to general permits for stormwater
    discharges associated with industrial activity on or before
    February 1, 1992."
                 PHOSPHATE FERTILIZER EFFLUENT LIMITATION
      Section 306(c) of Pub. L. 100-4 provided that:
      "(1) Issuance of permit. - As soon as possible after the date of
    the enactment of this Act [Feb. 4, 1987], but not later than 180
    days after such date of enactment, the Administrator shall issue
    permits under section 402(a)(1)(B) of the Federal Water Pollution
    Control Act [33 U.S.C. 1342(a)(1)(B)] with respect to facilities -
        "(A) which were under construction on or before April 8, 1974,
      and
        "(B) for which the Administrator is proposing to revise the
      applicability of the effluent limitation established under
      section 301(b) of such Act [33 U.S.C. 1311(b)] for phosphate
      subcategory of the fertilizer manufacturing point source category
      to exclude such facilities.
      "(2) Limitations on statutory construction. - Nothing in this
    section [amending section 1311 of this title and enacting this
    note] shall be construed -
        "(A) to require the Administrator to permit the discharge of
      gypsum or gypsum waste into the navigable waters,
        "(B) to affect the procedures and standards applicable to the
      Administrator in issuing permits under section 402(a)(1)(B) of
      the Federal Water Pollution Control Act [33 U.S.C.
      1342(a)(1)(B)], and
        "(C) to affect the authority of any State to deny or condition
      certification under section 401 of such Act [33 U.S.C. 1341] with
      respect to the issuance of permits under section 402(a)(1)(B) of
      such Act."
                          LOG TRANSFER FACILITIES
      Section 407 of Pub. L. 100-4 provided that:
      "(a) Agreement. - The Administrator and Secretary of the Army
    shall enter into an agreement regarding coordination of permitting
    for log transfer facilities to designate a lead agency and to
    process permits required under sections 402 and 404 of the Federal
    Water Pollution Control Act [33 U.S.C. 1342, 1344], where both such
    sections apply, for discharges associated with the construction and
    operation of log transfer facilities. The Administrator and
    Secretary are authorized to act in accordance with the terms of
    such agreement to assure that, to the maximum extent practicable,
    duplication, needless paperwork and delay in the issuance of
    permits, and inequitable enforcement between and among facilities
    in different States, shall be eliminated.
      "(b) Applications and Permits Before October 22, 1985. - Where
    both of sections 402 and 404 of the Federal Water Pollution Control
    Act [33 U.S.C. 1342, 1344] apply, log transfer facilities which
    have received a permit under section 404 of such Act before October
    22, 1985, shall not be required to submit a new application for a
    permit under section 402 of such Act. If the Administrator
    determines that the terms of a permit issued on or before October
    22, 1985, under section 404 of such Act satisfies the applicable
    requirements of sections 301, 302, 306, 307, 308, and 403 of such
    Act [33 U.S.C. 1311, 1312, 1316, 1317, 1318, and 1343], a separate
    application for a permit under section 402 of such Act shall not
    thereafter be required. In any case where the Administrator
    demonstrates, after an opportunity for a hearing, that the terms of
    a permit issued on or before October 22, 1985, under section 404 of
    such Act do not satisfy the applicable requirements of sections
    301, 302, 306, 307, 308, and 403 of such Act, modifications to the
    existing permit under section 404 of such Act to incorporate such
    applicable requirements shall be issued by the Administrator as an
    alternative to issuance of a separate new permit under section 402
    of such Act.
      "(c) Log Transfer Facility Defined. - For the purposes of this
    section, the term 'log transfer facility' means a facility which is
    constructed in whole or in part in waters of the United States and
    which is utilized for the purpose of transferring commercially
    harvested logs to or from a vessel or log raft, including the
    formation of a log raft."
        ALLOWABLE DELAY IN MODIFYING EXISTING APPROVED STATE PERMIT
                   PROGRAMS TO CONFORM TO 1977 AMENDMENT
      Section 54(c)(2) of Pub. L. 95-217 provided that any State permit
    program approved under this section before Dec. 27, 1977, which
    required modification to conform to the amendment made by section
    54(c)(1) of Pub. L. 95-217, which amended subsec. (b)(8) of this
    section, not be required to be modified before the end of the one
    year period which began on Dec. 27, 1977, unless in order to make
    the required modification a State must amend or enact a law in
    which case such modification not be required for such State before
    the end of the two year period which began on Dec. 27, 1977.
-End-
-CITE-
    33 USC Sec. 1343                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV - PERMITS AND LICENSES
-HEAD-
    Sec. 1343. Ocean discharge criteria
-STATUTE-
    (a) Issuance of permits
      No permit under section 1342 of this title for a discharge into
    the territorial sea, the waters of the contiguous zone, or the
    oceans shall be issued, after promulgation of guidelines
    established under subsection (c) of this section, except in
    compliance with such guidelines. Prior to the promulgation of such
    guidelines, a permit may be issued under such section 1342 of this
    title if the Administrator determines it to be in the public
    interest.
    (b) Waiver
      The requirements of subsection (d) of section 1342 of this title
    may not be waived in the case of permits for discharges into the
    territorial sea.
    (c) Guidelines for determining degradation of waters
      (1) The Administrator shall, within one hundred and eighty days
    after October 18, 1972 (and from time to time thereafter),
    promulgate guidelines for determining the degradation of the waters
    of the territorial seas, the contiguous zone, and the oceans, which
    shall include:
        (A) the effect of disposal of pollutants on human health or
      welfare, including but not limited to plankton, fish, shellfish,
      wildlife, shorelines, and beaches;
        (B) the effect of disposal of pollutants on marine life
      including the transfer, concentration, and dispersal of
      pollutants or their byproducts through biological, physical, and
      chemical processes; changes in marine ecosystem diversity,
      productivity, and stability; and species and community population
      changes;
        (C) the effect of disposal, of pollutants on esthetic,
      recreation, and economic values;
        (D) the persistence and permanence of the effects of disposal
      of pollutants;
        (E) the effect of the disposal of varying rates, of particular
      volumes and concentrations of pollutants;
        (F) other possible locations and methods of disposal or
      recycling of pollutants including land-based alternatives; and
        (G) the effect on alternate uses of the oceans, such as mineral
      exploitation and scientific study.
      (2) In any event where insufficient information exists on any
    proposed discharge to make a reasonable judgment on any of the
    guidelines established pursuant to this subsection no permit shall
    be issued under section 1342 of this title.
-SOURCE-
    (June 30, 1948, ch. 758, title IV, Sec. 403, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 883.)
-MISC1-
       DISCHARGES FROM POINT SOURCES IN UNITED STATES VIRGIN ISLANDS
         ATTRIBUTABLE TO MANUFACTURE OF RUM; EXEMPTION; CONDITIONS
      Discharges from point sources in the United States Virgin Islands
    in existence on Aug. 5, 1983, attributable to the manufacture of
    rum not to be subject to the requirements of this section under
    certain conditions, see section 214(g) of Pub. L. 98-67, set out as
    a note under section 1311 of this title.
-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.
-End-
-CITE-
    33 USC Sec. 1344                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV - PERMITS AND LICENSES
-HEAD-
    Sec. 1344. Permits for dredged or fill material
-STATUTE-
    (a) Discharge into navigable waters at specified disposal sites
      The Secretary may issue permits, after notice and opportunity for
    public hearings for the discharge of dredged or fill material into
    the navigable waters at specified disposal sites. Not later than
    the fifteenth day after the date an applicant submits all the
    information required to complete an application for a permit under
    this subsection, the Secretary shall publish the notice required by
    this subsection.
    (b) Specification for disposal sites
      Subject to subsection (c) of this section, each such disposal
    site shall be specified for each such permit by the Secretary (1)
    through the application of guidelines developed by the
    Administrator, in conjunction with the Secretary, which guidelines
    shall be based upon criteria comparable to the criteria applicable
    to the territorial seas, the contiguous zone, and the ocean under
    section 1343(c) of this title, and (2) in any case where such
    guidelines under clause (1) alone would prohibit the specification
    of a site, through the application additionally of the economic
    impact of the site on navigation and anchorage.
    (c) Denial or restriction of use of defined areas as disposal sites
      The Administrator is authorized to prohibit the specification
    (including the withdrawal of specification) of any defined area as
    a disposal site, and he is authorized to deny or restrict the use
    of any defined area for specification (including the withdrawal of
    specification) as a disposal site, whenever he determines, after
    notice and opportunity for public hearings, that the discharge of
    such materials into such area will have an unacceptable adverse
    effect on municipal water supplies, shellfish beds and fishery
    areas (including spawning and breeding areas), wildlife, or
    recreational areas. Before making such determination, the
    Administrator shall consult with the Secretary. The Administrator
    shall set forth in writing and make public his findings and his
    reasons for making any determination under this subsection.
    (d) "Secretary" defined
      The term "Secretary" as used in this section means the Secretary
    of the Army, acting through the Chief of Engineers.
    (e) General permits on State, regional, or nationwide basis
      (1) In carrying out his functions relating to the discharge of
    dredged or fill material under this section, the Secretary may,
    after notice and opportunity for public hearing, issue general
    permits on a State, regional, or nationwide basis for any category
    of activities involving discharges of dredged or fill material if
    the Secretary determines that the activities in such category are
    similar in nature, will cause only minimal adverse environmental
    effects when performed separately, and will have only minimal
    cumulative adverse effect on the environment. Any general permit
    issued under this subsection shall (A) be based on the guidelines
    described in subsection (b)(1) of this section, and (B) set forth
    the requirements and standards which shall apply to any activity
    authorized by such general permit.
      (2) No general permit issued under this subsection shall be for a
    period of more than five years after the date of its issuance and
    such general permit may be revoked or modified by the Secretary if,
    after opportunity for public hearing, the Secretary determines that
    the activities authorized by such general permit have an adverse
    impact on the environment or such activities are more appropriately
    authorized by individual permits.
    (f) Non-prohibited discharge of dredged or fill material
      (1) Except as provided in paragraph (2) of this subsection, the
    discharge of dredged or fill material -
        (A) from normal farming, silviculture, and ranching activities
      such as plowing, seeding, cultivating, minor drainage, harvesting
      for the production of food, fiber, and forest products, or upland
      soil and water conservation practices;
        (B) for the purpose of maintenance, including emergency
      reconstruction of recently damaged parts, of currently
      serviceable structures such as dikes, dams, levees, groins,
      riprap, breakwaters, causeways, and bridge abutments or
      approaches, and transportation structures;
        (C) for the purpose of construction or maintenance of farm or
      stock ponds or irrigation ditches, or the maintenance of drainage
      ditches;
        (D) for the purpose of construction of temporary sedimentation
      basins on a construction site which does not include placement of
      fill material into the navigable waters;
        (E) for the purpose of construction or maintenance of farm
      roads or forest roads, or temporary roads for moving mining
      equipment, where such roads are constructed and maintained, in
      accordance with best management practices, to assure that flow
      and circulation patterns and chemical and biological
      characteristics of the navigable waters are not impaired, that
      the reach of the navigable waters is not reduced, and that any
      adverse effect on the aquatic environment will be otherwise
      minimized;
        (F) resulting from any activity with respect to which a State
      has an approved program under section 1288(b)(4) of this title
      which meets the requirements of subparagraphs (B) and (C) of such
      section,
    is not prohibited by or otherwise subject to regulation under this
    section or section 1311(a) or 1342 of this title (except for
    effluent standards or prohibitions under section 1317 of this
    title).
      (2) Any discharge of dredged or fill material into the navigable
    waters incidental to any activity having as its purpose bringing an
    area of the navigable waters into a use to which it was not
    previously subject, where the flow or circulation of navigable
    waters may be impaired or the reach of such waters be reduced,
    shall be required to have a permit under this section.
    (g) State administration
      (1) The Governor of any State desiring to administer its own
    individual and general permit program for the discharge of dredged
    or fill material into the navigable waters (other than those waters
    which are presently used, or are susceptible to use in their
    natural condition or by reasonable improvement as a means to
    transport interstate or foreign commerce shoreward to their
    ordinary high water mark, including all waters which are subject to
    the ebb and flow of the tide shoreward to their mean high water
    mark, or mean higher high water mark on the west coast, including
    wetlands adjacent thereto) within its jurisdiction may submit to
    the Administrator a full and complete description of the program it
    proposes to establish and administer under State law or under an
    interstate compact. In addition, such State shall submit a
    statement from the attorney general (or the attorney for those
    State agencies which have independent legal counsel), or from the
    chief legal officer in the case of an interstate agency, that the
    laws of such State, or the interstate compact, as the case may be,
    provide adequate authority to carry out the described program.
      (2) Not later than the tenth day after the date of the receipt of
    the program and statement submitted by any State under paragraph
    (1) of this subsection, the Administrator shall provide copies of
    such program and statement to the Secretary and the Secretary of
    the Interior, acting through the Director of the United States Fish
    and Wildlife Service.
      (3) Not later than the ninetieth day after the date of the
    receipt by the Administrator of the program and statement submitted
    by any State, under paragraph (1) of this subsection, the Secretary
    and the Secretary of the Interior, acting through the Director of
    the United States Fish and Wildlife Service, shall submit any
    comments with respect to such program and statement to the
    Administrator in writing.
    (h) Determination of State's authority to issue permits under State
      program; approval; notification; transfers to State program
      (1) Not later than the one-hundred-twentieth day after the date
    of the receipt by the Administrator of a program and statement
    submitted by any State under paragraph (1) of this subsection, the
    Administrator shall determine, taking into account any comments
    submitted by the Secretary and the Secretary of the Interior,
    acting through the Director of the United States Fish and Wildlife
    Service, pursuant to subsection (g) of this section, whether such
    State has the following authority with respect to the issuance of
    permits pursuant to such program:
        (A) To issue permits which -
          (i) apply, and assure compliance with, any applicable
        requirements of this section, including, but not limited to,
        the guidelines established under subsection (b)(1) of this
        section, and sections 1317 and 1343 of this title;
          (ii) are for fixed terms not exceeding five years; and
          (iii) can be terminated or modified for cause including, but
        not limited to, the following:
            (I) violation of any condition of the permit;
            (II) obtaining a permit by misrepresentation, or failure to
          disclose fully all relevant facts;
            (III) change in any condition that requires either a
          temporary or permanent reduction or elimination of the
          permitted discharge.
        (B) To issue permits which apply, and assure compliance with,
      all applicable requirements of section 1318 of this title, or to
      inspect, monitor, enter, and require reports to at least the same
      extent as required in section 1318 of this title.
        (C) To assure that the public, and any other State the waters
      of which may be affected, receive notice of each application for
      a permit and to provide an opportunity for public hearing before
      a ruling on each such application.
        (D) To assure that the Administrator receives notice of each
      application (including a copy thereof) for a permit.
        (E) To assure that any State (other than the permitting State),
      whose waters may be affected by the issuance of a permit may
      submit written recommendations to the permitting State (and the
      Administrator) with respect to any permit application and, if any
      part of such written recommendations are not accepted by the
      permitting State, that the permitting State will notify such
      affected State (and the Administrator) in writing of its failure
      to so accept such recommendations together with its reasons for
      so doing.
        (F) To assure that no permit will be issued if, in the judgment
      of the Secretary, after consultation with the Secretary of the
      department in which the Coast Guard is operating, anchorage and
      navigation of any of the navigable waters would be substantially
      impaired thereby.
        (G) To abate violations of the permit or the permit program,
      including civil and criminal penalties and other ways and means
      of enforcement.
        (H) To assure continued coordination with Federal and Federal-
      State water-related planning and review processes.
      (2) If, with respect to a State program submitted under
    subsection (g)(1) of this section, the Administrator determines
    that such State -
        (A) has the authority set forth in paragraph (1) of this
      subsection, the Administrator shall approve the program and so
      notify (i) such State and (ii) the Secretary, who upon subsequent
      notification from such State that it is administering such
      program, shall suspend the issuance of permits under subsections
      (a) and (e) of this section for activities with respect to which
      a permit may be issued pursuant to such State program; or
        (B) does not have the authority set forth in paragraph (1) of
      this subsection, the Administrator shall so notify such State,
      which notification shall also describe the revisions or
      modifications necessary so that such State may resubmit such
      program for a determination by the Administrator under this
      subsection.
      (3) If the Administrator fails to make a determination with
    respect to any program submitted by a State under subsection (g)(1)
    of this section within one-hundred-twenty days after the date of
    the receipt of such program, such program shall be deemed approved
    pursuant to paragraph (2)(A) of this subsection and the
    Administrator shall so notify such State and the Secretary who,
    upon subsequent notification from such State that it is
    administering such program, shall suspend the issuance of permits
    under subsection (a) and (e) of this section for activities with
    respect to which a permit may be issued by such State.
      (4) After the Secretary receives notification from the
    Administrator under paragraph (2) or (3) of this subsection that a
    State permit program has been approved, the Secretary shall
    transfer any applications for permits pending before the Secretary
    for activities with respect to which a permit may be issued
    pursuant to such State program to such State for appropriate
    action.
      (5) Upon notification from a State with a permit program approved
    under this subsection that such State intends to administer and
    enforce the terms and conditions of a general permit issued by the
    Secretary under subsection (e) of this section with respect to
    activities in such State to which such general permit applies, the
    Secretary shall suspend the administration and enforcement of such
    general permit with respect to such activities.
    (i) Withdrawal of approval
      Whenever the Administrator determines after public hearing that a
    State is not administering a program approved under subsection
    (h)(2)(A) of this section, in accordance with this section,
    including, but not limited to, the guidelines established under
    subsection (b)(1) of this section, the Administrator shall so
    notify the State, and, if appropriate corrective action is not
    taken within a reasonable time, not to exceed ninety days after the
    date of the receipt of such notification, the Administrator shall
    (1) withdraw approval of such program until the Administrator
    determines such corrective action has been taken, and (2) notify
    the Secretary that the Secretary shall resume the program for the
    issuance of permits under subsections (a) and (e) of this section
    for activities with respect to which the State was issuing permits
    and that such authority of the Secretary shall continue in effect
    until such time as the Administrator makes the determination
    described in clause (1) of this subsection and such State again has
    an approved program.
    (j) Copies of applications for State permits and proposed general
      permits to be transmitted to Administrator
      Each State which is administering a permit program pursuant to
    this section shall transmit to the Administrator (1) a copy of each
    permit application received by such State and provide notice to the
    Administrator of every action related to the consideration of such
    permit application, including each permit proposed to be issued by
    such State, and (2) a copy of each proposed general permit which
    such State intends to issue. Not later than the tenth day after the
    date of the receipt of such permit application or such proposed
    general permit, the Administrator shall provide copies of such
    permit application or such proposed general permit to the Secretary
    and the Secretary of the Interior, acting through the Director of
    the United States Fish and Wildlife Service. If the Administrator
    intends to provide written comments to such State with respect to
    such permit application or such proposed general permit, he shall
    so notify such State not later than the thirtieth day after the
    date of the receipt of such application or such proposed general
    permit and provide such written comments to such State, after
    consideration of any comments made in writing with respect to such
    application or such proposed general permit by the Secretary and
    the Secretary of the Interior, acting through the Director of the
    United States Fish and Wildlife Service, not later than the
    ninetieth day after the date of such receipt. If such State is so
    notified by the Administrator, it shall not issue the proposed
    permit until after the receipt of such comments from the
    Administrator, or after such ninetieth day, whichever first occurs.
    Such State shall not issue such proposed permit after such
    ninetieth day if it has received such written comments in which the
    Administrator objects (A) to the issuance of such proposed permit
    and such proposed permit is one that has been submitted to the
    Administrator pursuant to subsection (h)(1)(E) of this section, or
    (B) to the issuance of such proposed permit as being outside the
    requirements of this section, including, but not limited to, the
    guidelines developed under subsection (b)(1) of this section unless
    it modifies such proposed permit in accordance with such comments.
    Whenever the Administrator objects to the issuance of a permit
    under the preceding sentence such written objection shall contain a
    statement of the reasons for such objection and the conditions
    which such permit would include if it were issued by the
    Administrator. In any case where the Administrator objects to the
    issuance of a permit, on request of the State, a public hearing
    shall be held by the Administrator on such objection. If the State
    does not resubmit such permit revised to meet such objection within
    30 days after completion of the hearing or, if no hearing is
    requested within 90 days after the date of such objection, the
    Secretary may issue the permit pursuant to subsection (a) or (e) of
    this section, as the case may be, for such source in accordance
    with the guidelines and requirements of this chapter.
    (k) Waiver
      In accordance with guidelines promulgated pursuant to subsection
    (i)(2) of section 1314 of this title, the Administrator is
    authorized to waive the requirements of subsection (j) of this
    section at the time of the approval of a program pursuant to
    subsection (h)(2)(A) of this section for any category (including
    any class, type, or size within such category) of discharge within
    the State submitting such program.
    (l) Categories of discharges not subject to requirements
      The Administrator shall promulgate regulations establishing
    categories of discharges which he determines shall not be subject
    to the requirements of subsection (j) of this section in any State
    with a program approved pursuant to subsection (h)(2)(A) of this
    section. The Administrator may distinguish among classes, types,
    and sizes within any category of discharges.
    (m) Comments on permit applications or proposed general permits by
      Secretary of the Interior acting through Director of United
      States Fish and Wildlife Service
      Not later than the ninetieth day after the date on which the
    Secretary notifies the Secretary of the Interior, acting through
    the Director of the United States Fish and Wildlife Service that
    (1) an application for a permit under subsection (a) of this
    section has been received by the Secretary, or (2) the Secretary
    proposes to issue a general permit under subsection (e) of this
    section, the Secretary of the Interior, acting through the Director
    of the United States Fish and Wildlife Service, shall submit any
    comments with respect to such application or such proposed general
    permit in writing to the Secretary.
    (n) Enforcement authority not limited
      Nothing in this section shall be construed to limit the authority
    of the Administrator to take action pursuant to section 1319 of
    this title.
    (o) Public availability of permits and permit applications
      A copy of each permit application and each permit issued under
    this section shall be available to the public. Such permit
    application or portion thereof, shall further be available on
    request for the purpose of reproduction.
    (p) Compliance
      Compliance with a permit issued pursuant to this section,
    including any activity carried out pursuant to a general permit
    issued under this section, shall be deemed compliance, for purposes
    of sections 1319 and 1365 of this title, with sections 1311, 1317,
    and 1343 of this title.
    (q) Minimization of duplication, needless paperwork, and delays in
      issuance; agreements
      Not later than the one-hundred-eightieth day after December 27,
    1977, the Secretary shall enter into agreements with the
    Administrator, the Secretaries of the Departments of Agriculture,
    Commerce, Interior, and Transportation, and the heads of other
    appropriate Federal agencies to minimize, to the maximum extent
    practicable, duplication, needless paperwork, and delays in the
    issuance of permits under this section. Such agreements shall be
    developed to assure that, to the maximum extent practicable, a
    decision with respect to an application for a permit under
    subsection (a) of this section will be made not later than the
    ninetieth day after the date the notice for such application is
    published under subsection (a) of this section.
    (r) Federal projects specifically authorized by Congress
      The discharge of dredged or fill material as part of the
    construction of a Federal project specifically authorized by
    Congress, whether prior to or on or after December 27, 1977, is not
    prohibited by or otherwise subject to regulation under this
    section, or a State program approved under this section, or section
    1311(a) or 1342 of this title (except for effluent standards or
    prohibitions under section 1317 of this title), if information on
    the effects of such discharge, including consideration of the
    guidelines developed under subsection (b)(1) of this section, is
    included in an environmental impact statement for such project
    pursuant to the National Environmental Policy Act of 1969 [42
    U.S.C. 4321 et seq.] and such environmental impact statement has
    been submitted to Congress before the actual discharge of dredged
    or fill material in connection with the construction of such
    project and prior to either authorization of such project or an
    appropriation of funds for such construction.
    (s) Violation of permits
      (1) Whenever on the basis of any information available to him the
    Secretary finds that any person is in violation of any condition or
    limitation set forth in a permit issued by the Secretary under this
    section, the Secretary shall issue an order requiring such person
    to comply with such condition or limitation, or the Secretary shall
    bring a civil action in accordance with paragraph (3) of this
    subsection.
      (2) A copy of any order issued under this subsection shall be
    sent immediately by the Secretary to the State in which the
    violation occurs and other affected States. Any order issued under
    this subsection shall be by personal service and shall state with
    reasonable specificity the nature of the violation, specify a time
    for compliance, not to exceed thirty days, which the Secretary
    determines is reasonable, taking into account the seriousness of
    the violation and any good faith efforts to comply with applicable
    requirements. In any case in which an order under this subsection
    is issued to a corporation, a copy of such order shall be served on
    any appropriate corporate officers.
      (3) The Secretary is authorized to commence a civil action for
    appropriate relief, including a permanent or temporary injunction
    for any violation for which he is authorized to issue a compliance
    order under paragraph (1) of this subsection. Any action under this
    paragraph may be brought in the district court of the United States
    for the district in which the defendant is located or resides or is
    doing business, and such court shall have jurisdiction to restrain
    such violation and to require compliance. Notice of the
    commencement of such acton (!1) shall be given immediately to the
    appropriate State.
      (4) Any person who violates any condition or limitation in a
    permit issued by the Secretary under this section, and any person
    who violates any order issued by the Secretary under paragraph (1)
    of this subsection, shall be subject to a civil penalty not to
    exceed $25,000 per day for each violation. In determining the
    amount of a civil penalty the court shall consider the seriousness
    of the violation or violations, the economic benefit (if any)
    resulting from the violation, any history of such violations, any
    good-faith efforts to comply with the applicable requirements, the
    economic impact of the penalty on the violator, and such other
    matters as justice may require.
    (t) Navigable waters within State jurisdiction
      Nothing in this section shall preclude or deny the right of any
    State or interstate agency to control the discharge of dredged or
    fill material in any portion of the navigable waters within the
    jurisdiction of such State, including any activity of any Federal
    agency, and each such agency shall comply with such State or
    interstate requirements both substantive and procedural to control
    the discharge of dredged or fill material to the same extent that
    any person is subject to such requirements. This section shall not
    be construed as affecting or impairing the authority of the
    Secretary to maintain navigation.
-SOURCE-
    (June 30, 1948, ch. 758, title IV, Sec. 404, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 884; amended Pub. L. 95-217,
    Sec. 67(a), (b), Dec. 27, 1977, 91 Stat. 1600; Pub. L. 100-4, title
    III, Sec. 313(d), Feb. 4, 1987, 101 Stat. 45.)
-REFTEXT-
                            REFERENCES IN TEXT
      The National Environmental Policy Act of 1969, referred to in
    subsec. (r), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
    amended, which is classified generally to chapter 55 (Sec. 4321 et
    seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4321 of Title 42 and Tables.
-MISC1-
                                AMENDMENTS
      1987 - Subsec. (s). Pub. L. 100-4 redesignated par. (5) as (4),
    substituted "$25,000 per day for each violation" for "$10,000 per
    day of such violation", inserted provision specifying factors to
    consider in determining the penalty amount, and struck out former
    par. (4) which read as follows:
      "(A) Any person who willfully or negligently violates any
    condition or limitation in a permit issued by the Secretary under
    this section shall be punished by a fine of not less than $2,500
    nor more than $25,000 per day of violation, or by imprisonment for
    not more than one year, or by both. If the conviction is for a
    violation committed after a first conviction of such person under
    this paragraph, punishment shall be by a fine of not more than
    $50,000 per day of violation, or by imprisonment for not more than
    two years, or by both.
      "(B) For the purposes of this paragraph, the term 'person' shall
    mean, in addition to the definition contained in section 1362(5) of
    this title, any responsible corporate officer."
      1977 - Subsec. (a). Pub. L. 95-217, Sec. 67(a)(1), substituted
    "The Secretary" for "The Secretary of the Army, acting through the
    Chief of Engineers," and inserted provision that, not later than
    the fifteenth day after the date an applicant submits all the
    information required to complete an application for a permit under
    this subsection, the Secretary publish the notice required by this
    subsection.
      Subsecs. (b), (c). Pub. L. 95-217, Sec. 67(a)(2), substituted
    "the Secretary" for "the Secretary of the Army".
      Subsecs. (d) to (t). Pub. L. 95-217, Sec. 67(b), added subsecs.
    (d) to (t).
-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 Administrator or other official of the
    Environmental Protection Agency and of Secretary or other official
    in Department of the Interior relating to review of the Corps of
    Engineers' dredged and fill material permits and such functions of
    Secretary of the Army, Chief of Engineers, or other official in
    Corps of Engineers of the United States Army relating to compliance
    with dredged and fill material permits issued under this section
    with respect to pre-construction, construction, and initial
    operation of transportation system for Canadian and Alaskan natural
    gas were transferred to the Federal Inspector, Office of Federal
    Inspector for the Alaska Natural Gas Transportation System, until
    the first anniversary of the date of initial operation of the
    Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of
    1979, Secs. 102(a), (b), (e), 203(a), 44 F.R. 33663, 33666, 93
    Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix
    to Title 5, Government Organization and Employees. 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. Functions
    and authority vested in Secretary of Energy subsequently
    transferred to Federal Coordinator for Alaska Natural Gas
    Transportation Projects by section 720d(f) of Title 15.
-MISC2-
               MITIGATION AND MITIGATION BANKING REGULATIONS
      Pub. L. 108-136, div. A, title III, Sec. 314(b), Nov. 24, 2003,
    117 Stat. 1431, provided that:
      "(1) To ensure opportunities for Federal agency participation in
    mitigation banking, the Secretary of the Army, acting through the
    Chief of Engineers, shall issue regulations establishing
    performance standards and criteria for the use, consistent with
    section 404 of the Federal Water Pollution Control Act (33 U.S.C.
    1344), of on-site, off-site, and in-lieu fee mitigation and
    mitigation banking as compensation for lost wetlands functions in
    permits issued by the Secretary of the Army under such section. To
    the maximum extent practicable, the regulatory standards and
    criteria shall maximize available credits and opportunities for
    mitigation, provide flexibility for regional variations in wetland
    conditions, functions and values, and apply equivalent standards
    and criteria to each type of compensatory mitigation.
      "(2) Final regulations shall be issued not later than two years
    after the date of the enactment of this Act [Nov. 24, 2003]."
                            REGULATORY PROGRAM
      Pub. L. 106-377, Sec. 1(a)(2) [title I], Oct. 27, 2000, 114 Stat.
    1441, 1441A-63, provided in part that: "For expenses necessary for
    administration of laws pertaining to regulation of navigable waters
    and wetlands, $125,000,000, to remain available until expended:
    Provided, That the Secretary of the Army, acting through the Chief
    of Engineers, is directed to use funds appropriated herein to: (1)
    by March 1, 2001, supplement the report, Cost Analysis For the 1999
    Proposal to Issue and Modify Nationwide Permits, to reflect the
    Nationwide Permits actually issued on March 9, 2000, including
    changes in the acreage limits, preconstruction notification
    requirements and general conditions between the rule proposed on
    July 21, 1999, and the rule promulgated and published in the
    Federal Register; (2) after consideration of the cost analysis for
    the 1999 proposal to issue and modify nationwide permits and the
    supplement prepared pursuant to this Act [H.R. 5483, as enacted by
    section 1(a)(2) of Pub. L. 106-377, see Tables for classification]
    and by September 30, 2001, prepare, submit to Congress and publish
    in the Federal Register a Permit Processing Management Plan by
    which the Corps of Engineers will handle the additional work
    associated with all projected increases in the number of individual
    permit applications and preconstruction notifications related to
    the new and replacement permits and general conditions. The Permit
    Processing Management Plan shall include specific objective goals
    and criteria by which the Corps of Engineers' progress towards
    reducing any permit backlog can be measured; (3) beginning on
    December 31, 2001, and on a biannual basis thereafter, report to
    Congress and publish in the Federal Register, an analysis of the
    performance of its program as measured against the criteria set out
    in the Permit Processing Management Plan; (4) implement a 1-year
    pilot program to publish quarterly on the U.S. Army Corps of
    Engineer's Regulatory Program website all Regulatory Analysis and
    Management Systems (RAMS) data for the South Pacific Division and
    North Atlantic Division beginning within 30 days of the enactment
    of this Act [Oct. 27, 2000]; and (5) publish in Division Office
    websites all findings, rulings, and decisions rendered under the
    administrative appeals process for the Corps of Engineers
    Regulatory Program as established in Public Law 106-60 [113 Stat.
    486]: Provided further, That, through the period ending on
    September 30, 2003, the Corps of Engineers shall allow any
    appellant to keep a verbatim record of the proceedings of the
    appeals conference under the aforementioned administrative appeals
    process: Provided further, That within 30 days of the enactment of
    this Act, the Secretary of the Army, acting through the Chief of
    Engineers, shall require all U.S. Army Corps of Engineers Divisions
    and Districts to record the date on which a section 404 individual
    permit application or nationwide permit notification is filed with
    the Corps of Engineers: Provided further, That the Corps of
    Engineers, when reporting permit processing times, shall track both
    the date a permit application is first received and the date the
    application is considered complete, as well as the reason that the
    application is not considered complete upon first submission."
       AUTHORITY TO DELEGATE TO STATE OF WASHINGTON FUNCTIONS OF THE
               SECRETARY RELATING TO LAKE CHELAN, WASHINGTON
      Section 76 of Pub. L. 95-217 provided that: "The Secretary of the
    Army, acting through the Chief of Engineers, is authorized to
    delegate to the State of Washington upon its request all or any
    part of those functions vested in such Secretary by section 404 of
    the Federal Water Pollution Control Act [this section] and by
    sections 9, 10, and 13 of the Act of March 3, 1899 [sections 401,
    403, and 407 of this title], relating to Lake Chelan, Washington,
    if the Secretary determines (1) that such State has the authority,
    responsibility, and capability to carry out such functions, and (2)
    that such delegation is in the public interest. Such delegation
    shall be subject to such terms and conditions as the Secretary
    deems necessary, including, but not limited to, suspension and
    revocation for cause of such delegation."
-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.
-FOOTNOTE-
    (!1) So in original. Probably should be "action".
-End-
-CITE-
    33 USC Sec. 1345                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV - PERMITS AND LICENSES
-HEAD-
    Sec. 1345. Disposal or use of sewage sludge
-STATUTE-
    (a) Permit
      Notwithstanding any other provision of this chapter or of any
    other law, in any case where the disposal of sewage sludge
    resulting from the operation of a treatment works as defined in
    section 1292 of this title (including the removal of in-place
    sewage sludge from one location and its deposit at another
    location) would result in any pollutant from such sewage sludge
    entering the navigable waters, such disposal is prohibited except
    in accordance with a permit issued by the Administrator under
    section 1342 of this title.
    (b) Issuance of permit; regulations
      The Administrator shall issue regulations governing the issuance
    of permits for the disposal of sewage sludge subject to subsection
    (a) of this section and section 1342 of this title. Such
    regulations shall require the application to such disposal of each
    criterion, factor, procedure, and requirement applicable to a
    permit issued under section 1342 of this title.
    (c) State permit program
      Each State desiring to administer its own permit program for
    disposal of sewage sludge subject to subsection (a) of this section
    within its jurisdiction may do so in accordance with section 1342
    of this title.
    (d) Regulations
      (1) Regulations
        The Administrator, after consultation with appropriate Federal
      and State agencies and other interested persons, shall develop
      and publish, within one year after December 27, 1977, and from
      time to time thereafter, regulations providing guidelines for the
      disposal of sludge and the utilization of sludge for various
      purposes. Such regulations shall -
          (A) identify uses for sludge, including disposal;
          (B) specify factors to be taken into account in determining
        the measures and practices applicable to each such use or
        disposal (including publication of information on costs);
          (C) identify concentrations of pollutants which interfere
        with each such use or disposal.
      The Administrator is authorized to revise any regulation issued
      under this subsection.
      (2) Identification and regulation of toxic pollutants
        (A) On basis of available information
          (i) Proposed regulations
            Not later than November 30, 1986, the Administrator shall
          identify those toxic pollutants which, on the basis of
          available information on their toxicity, persistence,
          concentration, mobility, or potential for exposure, may be
          present in sewage sludge in concentrations which may
          adversely affect public health or the environment, and
          propose regulations specifying acceptable management
          practices for sewage sludge containing each such toxic
          pollutant and establishing numerical limitations for each
          such pollutant for each use identified under paragraph
          (1)(A).
          (ii) Final regulations
            Not later than August 31, 1987, and after opportunity for
          public hearing, the Administrator shall promulgate the
          regulations required by subparagraph (A)(i).
        (B) Others
          (i) Proposed regulations
            Not later than July 31, 1987, the Administrator shall
          identify those toxic pollutants not identified under
          subparagraph (A)(i) which may be present in sewage sludge in
          concentrations which may adversely affect public health or
          the environment, and propose regulations specifying
          acceptable management practices for sewage sludge containing
          each such toxic pollutant and establishing numerical
          limitations for each pollutant for each such use identified
          under paragraph (1)(A).
          (ii) Final regulations
            Not later than June 15, 1988, the Administrator shall
          promulgate the regulations required by subparagraph (B)(i).
        (C) Review
          From time to time, but not less often than every 2 years, the
        Administrator shall review the regulations promulgated under
        this paragraph for the purpose of identifying additional toxic
        pollutants and promulgating regulations for such pollutants
        consistent with the requirements of this paragraph.
        (D) Minimum standards; compliance date
          The management practices and numerical criteria established
        under subparagraphs (A), (B), and (C) shall be adequate to
        protect public health and the environment from any reasonably
        anticipated adverse effects of each pollutant. Such regulations
        shall require compliance as expeditiously as practicable but in
        no case later than 12 months after their publication, unless
        such regulations require the construction of new pollution
        control facilities, in which case the regulations shall require
        compliance as expeditiously as practicable but in no case later
        than two years from the date of their publication.
      (3) Alternative standards
        For purposes of this subsection, if, in the judgment of the
      Administrator, it is not feasible to prescribe or enforce a
      numerical limitation for a pollutant identified under paragraph
      (2), the Administrator may instead promulgate a design,
      equipment, management practice, or operational standard, or
      combination thereof, which in the Administrator's judgment is
      adequate to protect public health and the environment from any
      reasonably anticipated adverse effects of such pollutant. In the
      event the Administrator promulgates a design or equipment
      standard under this subsection, the Administrator shall include
      as part of such standard such requirements as will assure the
      proper operation and maintenance of any such element of design or
      equipment.
      (4) Conditions on permits
        Prior to the promulgation of the regulations required by
      paragraph (2), the Administrator shall impose conditions in
      permits issued to publicly owned treatment works under section
      1342 of this title or take such other measures as the
      Administrator deems appropriate to protect public health and the
      environment from any adverse effects which may occur from toxic
      pollutants in sewage sludge.
      (5) Limitation on statutory construction
        Nothing in this section is intended to waive more stringent
      requirements established by this chapter or any other law.
    (e) Manner of sludge disposal
      The determination of the manner of disposal or use of sludge is a
    local determination, except that it shall be unlawful for any
    person to dispose of sludge from a publicly owned treatment works
    or any other treatment works treating domestic sewage for any use
    for which regulations have been established pursuant to subsection
    (d) of this section, except in accordance with such regulations.
    (f) Implementation of regulations
      (1) Through section 1342 permits
        Any permit issued under section 1342 of this title to a
      publicly owned treatment works or any other treatment works
      treating domestic sewage shall include requirements for the use
      and disposal of sludge that implement the regulations established
      pursuant to subsection (d) of this section, unless such
      requirements have been included in a permit issued under the
      appropriate provisions of subtitle C of the Solid Waste Disposal
      Act [42 U.S.C. 6921 et seq.], part C of the Safe Drinking Water
      Act [42 U.S.C. 300h et seq.], the Marine Protection, Research,
      and Sanctuaries Act of 1972 [16 U.S.C. 1431 et seq., 1447 et
      seq.; 33 U.S.C. 1401 et seq., 2801 et seq.], or the Clean Air Act
      [42 U.S.C. 7401 et seq.], or under State permit programs approved
      by the Administrator, where the Administrator determines that
      such programs assure compliance with any applicable requirements
      of this section. Not later than December 15, 1986, the
      Administrator shall promulgate procedures for approval of State
      programs pursuant to this paragraph.
      (2) Through other permits
        In the case of a treatment works described in paragraph (1)
      that is not subject to section 1342 of this title and to which
      none of the other above listed permit programs nor approved State
      permit authority apply, the Administrator may issue a permit to
      such treatment works solely to impose requirements for the use
      and disposal of sludge that implement the regulations established
      pursuant to subsection (d) of this section. The Administrator
      shall include in the permit appropriate requirements to assure
      compliance with the regulations established pursuant to
      subsection (d) of this section. The Administrator shall establish
      procedures for issuing permits pursuant to this paragraph.
    (g) Studies and projects
      (1) Grant program; information gathering
        The Administrator is authorized to conduct or initiate
      scientific studies, demonstration projects, and public
      information and education projects which are designed to promote
      the safe and beneficial management or use of sewage sludge for
      such purposes as aiding the restoration of abandoned mine sites,
      conditioning soil for parks and recreation areas, agricultural
      and horticultural uses, and other beneficial purposes. For the
      purposes of carrying out this subsection, the Administrator may
      make grants to State water pollution control agencies, other
      public or nonprofit agencies, institutions, organizations, and
      individuals. In cooperation with other Federal departments and
      agencies, other public and private agencies, institutions, and
      organizations, the Administrator is authorized to collect and
      disseminate information pertaining to the safe and beneficial use
      of sewage sludge.
      (2) Authorization of appropriations
        For the purposes of carrying out the scientific studies,
      demonstration projects, and public information and education
      projects authorized in this section, there is authorized to be
      appropriated for fiscal years beginning after September 30, 1986,
      not to exceed $5,000,000.
-SOURCE-
    (June 30, 1948, ch. 758, title IV, Sec. 405, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 884; amended Pub. L. 95-217,
    Secs. 54(d), 68, Dec. 27, 1977, 91 Stat. 1591, 1606; Pub. L. 100-4,
    title IV, Sec. 406(a)-(c), (f), Feb. 4, 1987, 101 Stat. 71, 72,
    74.)
-REFTEXT-
                            REFERENCES IN TEXT
      The Solid Waste Disposal Act, referred to in subsec. (f)(1), is
    title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
    generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795.
    Subtitle C of the Solid Waste Disposal Act is classified generally
    to subchapter III (Sec. 6921 et seq.) of chapter 82 of Title 42,
    The Public Health and Welfare. For complete classification of this
    Act to the Code, see Short Title note set out under section 6901 of
    Title 42 and Tables.
      The Safe Drinking Water Act, referred to in subsec. (f)(1), is
    title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93-
    523, Sec. 2(a), 88 Stat. 1660, as amended. Part C of the Act is
    classified generally to part C (Sec. 300h et seq.) of subchapter
    XII of chapter 6A of Title 42. For complete classification of this
    Act to the Code, see Short Title note set out under section 201 of
    Title 42 and Tables.
      The Marine Protection, Research, and Sanctuaries Act of 1972,
    referred to in subsec. (f)(1), is Pub. L. 92-532, Oct. 23, 1972, 86
    Stat. 1052, as amended, which is classified generally to chapters
    32 (Sec. 1431 et seq.) and 32A (Sec. 1447 et seq.) of Title 16,
    Conservation, and chapters 27 (Sec. 1401 et seq.) and 41 (Sec. 2801
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 1401 of this
    title and Tables.
      The Clean Air Act, referred to in subsec. (f)(1), is act July 14,
    1955, ch. 360, 69 Stat. 322, as amended, which is classified
    generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see Short Title note set out under section 7401 of Title 42
    and Tables.
-MISC1-
                                AMENDMENTS
      1987 - Subsec. (d). Pub. L. 100-4, Sec. 406(a), designated
    existing provision as par. (1), inserted heading, redesignated
    former pars. (1) to (3) as subpars. (A) to (C), and added pars. (2)
    to (5).
      Pub. L. 100-4, Sec. 406(f), inserted heading "Regulations" and
    aligned par. (1) with par. (3) and subpars. (A) to (C) of par. (1)
    with subpar. (C) of par. (2).
      Subsec. (e). Pub. L. 100-4, Sec. 406(b), amended subsec. (e)
    generally. Prior to amendment, subsec. (e) read as follows: "The
    determination of the manner of disposal or use of sludge is a local
    determination except that it shall be unlawful for the owner or
    operator of any publicly owned treatment works to dispose of sludge
    from such works for any use for which guidelines have been
    established pursuant to subsection (d) of this section, except in
    accordance with such guidelines."
      Subsecs. (f), (g). Pub. L. 100-4, Sec. 406(c), added subsecs. (f)
    and (g).
      1977 - Subsec. (a). Pub. L. 95-217, Sec. 68(a), substituted
    "under section 1342 of this title" for "under this section".
      Subsec. (b). Pub. L. 95-217, Secs. 54(d)(1), 68(b), (c),
    substituted "sewage sludge subject to subsection (a) of this
    section and section 1342 of this title" for "sewage sludge subject
    to this section" and struck out ", as the Administrator determines
    necessary to carry out the objective of this chapter" after "permit
    issued under section 1342 of this title".
      Subsec. (c). Pub. L. 95-217, Secs. 54(d)(2), 68(d), substituted
    "disposal of sewage sludge subject to subsection (a) of this
    section within its jurisdiction may do so in accordance with
    section 1342 of this title" for "disposal of sewage sludge within
    its jurisdiction may do so if upon submission of such program the
    Administrator determines such program is adequate to carry out the
    objective of this chapter".
      Subsecs. (d), (e). Pub. L. 95-217, Sec. 54(d)(3), added subsecs.
    (d) and (e).
                              REMOVAL CREDITS
      Section 406(e) of Pub. L. 100-4 provided that: "The part of the
    decision of Natural Resources Defense Council, Inc. v. U.S.
    Environmental Protection Agency, No. 84-3530 (3d. Cir. 1986), which
    addresses section 405(d) of the Federal Water Pollution Control Act
    [33 U.S.C. 1345(d)] is stayed until August 31, 1987, with respect
    to -
        "(1) those publicly owned treatment works the owner or operator
      of which received authority to revise pretreatment requirements
      under section 307(b)(1) of such Act [33 U.S.C. 1317(b)(1)] before
      the date of the enactment of this section [Feb. 4, 1987], and
        "(2) those publicly owned treatment works the owner or operator
      of which has submitted an application for authority to revise
      pretreatment requirements under such section 307(b)(1) which
      application is pending on such date of enactment and is approved
      before August 31, 1987.
    The Administrator shall not authorize any other removal credits
    under such Act [33 U.S.C. 1251 et seq.] until the Administrator
    issues the regulations required by paragraph (2)(A)(ii) of section
    405(d) of such Act, as amended by subsection (a) of this section."
-End-
-CITE-
    33 USC Sec. 1346                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER IV - PERMITS AND LICENSES
-HEAD-
    Sec. 1346. Coastal recreation water quality monitoring and
      notification
-STATUTE-
    (a) Monitoring and notification
      (1) In general
        Not later than 18 months after October 10, 2000, after
      consultation and in cooperation with appropriate Federal, State,
      tribal, and local officials (including local health officials),
      and after providing public notice and an opportunity for comment,
      the Administrator shall publish performance criteria for -
          (A) monitoring and assessment (including specifying available
        methods for monitoring) of coastal recreation waters adjacent
        to beaches or similar points of access that are used by the
        public for attainment of applicable water quality standards for
        pathogens and pathogen indicators; and
          (B) the prompt notification of the public, local governments,
        and the Administrator of any exceeding of or likelihood of
        exceeding applicable water quality standards for coastal
        recreation waters described in subparagraph (A).
      (2) Level of protection
        The performance criteria referred to in paragraph (1) shall
      provide that the activities described in subparagraphs (A) and
      (B) of that paragraph shall be carried out as necessary for the
      protection of public health and safety.
    (b) Program development and implementation grants
      (1) In general
        The Administrator may make grants to States and local
      governments to develop and implement programs for monitoring and
      notification for coastal recreation waters adjacent to beaches or
      similar points of access that are used by the public.
      (2) Limitations
        (A) In general
          The Administrator may award a grant to a State or a local
        government to implement a monitoring and notification program
        if -
            (i) the program is consistent with the performance criteria
          published by the Administrator under subsection (a) of this
          section;
            (ii) the State or local government prioritizes the use of
          grant funds for particular coastal recreation waters based on
          the use of the water and the risk to human health presented
          by pathogens or pathogen indicators;
            (iii) the State or local government makes available to the
          Administrator the factors used to prioritize the use of funds
          under clause (ii);
            (iv) the State or local government provides a list of
          discrete areas of coastal recreation waters that are subject
          to the program for monitoring and notification for which the
          grant is provided that specifies any coastal recreation
          waters for which fiscal constraints will prevent consistency
          with the performance criteria under subsection (a) of this
          section; and
            (v) the public is provided an opportunity to review the
          program through a process that provides for public notice and
          an opportunity for comment.
        (B) Grants to local governments
          The Administrator may make a grant to a local government
        under this subsection for implementation of a monitoring and
        notification program only if, after the 1-year period beginning
        on the date of publication of performance criteria under
        subsection (a)(1) of this section, the Administrator determines
        that the State is not implementing a program that meets the
        requirements of this subsection, regardless of whether the
        State has received a grant under this subsection.
      (3) Other requirements
        (A) Report
          A State recipient of a grant under this subsection shall
        submit to the Administrator, in such format and at such
        intervals as the Administrator determines to be appropriate, a
        report that describes -
            (i) data collected as part of the program for monitoring
          and notification as described in subsection (c) of this
          section; and
            (ii) actions taken to notify the public when water quality
          standards are exceeded.
        (B) Delegation
          A State recipient of a grant under this subsection shall
        identify each local government to which the State has delegated
        or intends to delegate responsibility for implementing a
        monitoring and notification program consistent with the
        performance criteria published under subsection (a) of this
        section (including any coastal recreation waters for which the
        authority to implement a monitoring and notification program
        would be subject to the delegation).
      (4) Federal share
        (A) In general
          The Administrator, through grants awarded under this section,
        may pay up to 100 percent of the costs of developing and
        implementing a program for monitoring and notification under
        this subsection.
        (B) Non-Federal share
          The non-Federal share of the costs of developing and
        implementing a monitoring and notification program may be -
            (i) in an amount not to exceed 50 percent, as determined by
          the Administrator in consultation with State, tribal, and
          local government representatives; and
            (ii) provided in cash or in kind.
    (c) Content of State and local government programs
      As a condition of receipt of a grant under subsection (b) of this
    section, a State or local government program for monitoring and
    notification under this section shall identify -
        (1) lists of coastal recreation waters in the State, including
      coastal recreation waters adjacent to beaches or similar points
      of access that are used by the public;
        (2) in the case of a State program for monitoring and
      notification, the process by which the State may delegate to
      local governments responsibility for implementing the monitoring
      and notification program;
        (3) the frequency and location of monitoring and assessment of
      coastal recreation waters based on -
          (A) the periods of recreational use of the waters;
          (B) the nature and extent of use during certain periods;
          (C) the proximity of the waters to known point sources and
        nonpoint sources of pollution; and
          (D) any effect of storm events on the waters;
        (4)(A) the methods to be used for detecting levels of pathogens
      and pathogen indicators that are harmful to human health; and
        (B) the assessment procedures for identifying short-term
      increases in pathogens and pathogen indicators that are harmful
      to human health in coastal recreation waters (including increases
      in relation to storm events);
        (5) measures for prompt communication of the occurrence,
      nature, location, pollutants involved, and extent of any
      exceeding of, or likelihood of exceeding, applicable water
      quality standards for pathogens and pathogen indicators to -
          (A) the Administrator, in such form as the Administrator
        determines to be appropriate; and
          (B) a designated official of a local government having
        jurisdiction over land adjoining the coastal recreation waters
        for which the failure to meet applicable standards is
        identified;
        (6) measures for the posting of signs at beaches or similar
      points of access, or functionally equivalent communication
      measures that are sufficient to give notice to the public that
      the coastal recreation waters are not meeting or are not expected
      to meet applicable water quality standards for pathogens and
      pathogen indicators; and
        (7) measures that inform the public of the potential risks
      associated with water contact activities in the coastal
      recreation waters that do not meet applicable water quality
      standards.
    (d) Federal agency programs
      Not later than 3 years after October 10, 2000, each Federal
    agency that has jurisdiction over coastal recreation waters
    adjacent to beaches or similar points of access that are used by
    the public shall develop and implement, through a process that
    provides for public notice and an opportunity for comment, a
    monitoring and notification program for the coastal recreation
    waters that -
        (1) protects the public health and safety;
        (2) is consistent with the performance criteria published under
      subsection (a) of this section;
        (3) includes a completed report on the information specified in
      subsection (b)(3)(A) of this section, to be submitted to the
      Administrator; and
        (4) addresses the matters specified in subsection (c) of this
      section.
    (e) Database
      The Administrator shall establish, maintain, and make available
    to the public by electronic and other means a national coastal
    recreation water pollution occurrence database that provides -
        (1) the data reported to the Administrator under subsections
      (b)(3)(A)(i) and (d)(3) of this section; and
        (2) other information concerning pathogens and pathogen
      indicators in coastal recreation waters that -
          (A) is made available to the Administrator by a State or
        local government, from a coastal water quality monitoring
        program of the State or local government; and
          (B) the Administrator determines should be included.
    (f) Technical assistance for monitoring floatable material
      The Administrator shall provide technical assistance to States
    and local governments for the development of assessment and
    monitoring procedures for floatable material to protect public
    health and safety in coastal recreation waters.
    (g) List of waters
      (1) In general
        Beginning not later than 18 months after the date of
      publication of performance criteria under subsection (a) of this
      section, based on information made available to the
      Administrator, the Administrator shall identify, and maintain a
      list of, discrete coastal recreation waters adjacent to beaches
      or similar points of access that are used by the public that -
          (A) specifies any waters described in this paragraph that are
        subject to a monitoring and notification program consistent
        with the performance criteria established under subsection (a)
        of this section; and
          (B) specifies any waters described in this paragraph for
        which there is no monitoring and notification program
        (including waters for which fiscal constraints will prevent the
        State or the Administrator from performing monitoring and
        notification consistent with the performance criteria
        established under subsection (a) of this section).
      (2) Availability
        The Administrator shall make the list described in paragraph
      (1) available to the public through -
          (A) publication in the Federal Register; and
          (B) electronic media.
      (3) Updates
        The Administrator shall update the list described in paragraph
      (1) periodically as new information becomes available.
    (h) EPA implementation
      In the case of a State that has no program for monitoring and
    notification that is consistent with the performance criteria
    published under subsection (a) of this section after the last day
    of the 3-year period beginning on the date on which the
    Administrator lists waters in the State under subsection (g)(1)(B)
    of this section, the Administrator shall conduct a monitoring and
    notification program for the listed waters based on a priority
    ranking established by the Administrator using funds appropriated
    for grants under subsection (i) of this section -
        (1) to conduct monitoring and notification; and
        (2) for related salaries, expenses, and travel.
    (i) Authorization of appropriations
      There is authorized to be appropriated for making grants under
    subsection (b) of this section, including implementation of
    monitoring and notification programs by the Administrator under
    subsection (h) of this section, $30,000,000 for each of fiscal
    years 2001 through 2005.
-SOURCE-
    (June 30, 1948, ch. 758, title IV, Sec. 406, as added Pub. L. 106-
    284, Sec. 4, Oct. 10, 2000, 114 Stat. 872.)
-End-
-CITE-
    33 USC SUBCHAPTER V - GENERAL PROVISIONS                    01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
                     SUBCHAPTER V - GENERAL PROVISIONS
-End-
-CITE-
    33 USC Sec. 1361                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
    Sec. 1361. Administration
-STATUTE-
    (a) Authority of Administrator to prescribe regulations
      The Administrator is authorized to prescribe such regulations as
    are necessary to carry out his functions under this chapter.
    (b) Utilization of other agency officers and employees
      The Administrator, with the consent of the head of any other
    agency of the United States, may utilize such officers and
    employees of such agency as may be found necessary to assist in
    carrying out the purposes of this chapter.
    (c) Recordkeeping
      Each recipient of financial assistance under this chapter shall
    keep such records as the Administrator shall prescribe, including
    records which fully disclose the amount and disposition by such
    recipient of the proceeds of such assistance, the total cost of the
    project or undertaking in connection with which such assistance is
    given or used, and the amount of that portion of the cost of the
    project or undertaking supplied by other sources, and such other
    records as will facilitate effective audit.
    (d) Audit
      The Administrator and the Comptroller General of the United
    States, or any of their duly authorized representatives, shall have
    access, for the purpose of audit and examination, to any books,
    documents, papers, and records of the recipients that are pertinent
    to the grants received under this chapter. For the purpose of
    carrying out audits and examinations with respect to recipients of
    Federal assistance under this chapter, the Administrator is
    authorized to enter into noncompetitive procurement contracts with
    independent State audit organizations, consistent with chapter 75
    of title 31. Such contracts may only be entered into to the extent
    and in such amounts as may be provided in advance in appropriation
    Acts.
    (e) Awards for outstanding technological achievement or innovative
      processes, methods, or devices in waste treatment and pollution
      abatement programs
      (1) It is the purpose of this subsection to authorize a program
    which will provide official recognition by the United States
    Government to those industrial organizations and political
    subdivisions of States which during the preceding year demonstrated
    an outstanding technological achievement or an innovative process,
    method, or device in their waste treatment and pollution abatement
    programs. The Administrator shall, in consultation with the
    appropriate State water pollution control agencies, establish
    regulations under which such recognition may be applied for and
    granted, except that no applicant shall be eligible for an award
    under this subsection if such applicant is not in total compliance
    with all applicable water quality requirements under this chapter,
    or otherwise does not have a satisfactory record with respect to
    environmental quality.
      (2) The Administrator shall award a certificate or plaque of
    suitable design to each industrial organization or political
    subdivision which qualifies for such recognition under regulations
    established under this subsection.
      (3) The President of the United States, the Governor of the
    appropriate State, the Speaker of the House of Representatives, and
    the President pro tempore of the Senate shall be notified of the
    award by the Administrator and the awarding of such recognition
    shall be published in the Federal Register.
    (f) Detail of Environmental Protection Agency personnel to State
      water pollution control agencies
      Upon the request of a State water pollution control agency,
    personnel of the Environmental Protection Agency may be detailed to
    such agency for the purpose of carrying out the provisions of this
    chapter.
-SOURCE-
    (June 30, 1948, ch. 758, title V, Sec. 501, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 885; amended Pub. L. 100-4,
    title V, Sec. 501, Feb. 4, 1987, 101 Stat. 75.)
-MISC1-
                                AMENDMENTS
      1987 - Subsec. (d). Pub. L. 100-4 inserted provision at end
    authorizing Administrator to enter into noncompetitive procurement
    contracts with independent State audit organizations, consistent
    with chapter 75 of title 31, but only to extent and in such amounts
    as provided in advance in appropriations Acts.
                   ENVIRONMENTAL COURT FEASIBILITY STUDY
      Section 9 of Pub. L. 92-500 authorized the President, acting
    through the Attorney General, to study the feasibility of
    establishing a separate court or court system with jurisdiction
    over environmental matters and required him to report the results
    of his study, together with his recommendations, to Congress not
    later than one year after Oct. 18, 1972.
                TRANSFER OF PUBLIC HEALTH SERVICE OFFICERS
      Pub. L. 89-234, Sec. 2(b)-(k), Oct. 2, 1965, 79 Stat. 904, 905,
    authorized the transfer of certain commissioned officers of the
    Public Health Service to classified positions in the Federal Water
    Pollution Control Administration, now the Environmental Protection
    Agency, where such transfer was requested within six months after
    the establishment of the Administration and made certain
    administrative provisions relating to pension and retirement rights
    of the transferees, sick leave benefits, group life insurance, and
    certain other miscellaneous provisions.
-End-
-CITE-
    33 USC Sec. 1362                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
    Sec. 1362. Definitions
-STATUTE-
      Except as otherwise specifically provided, when used in this
    chapter:
      (1) The term "State water pollution control agency" means the
    State agency designated by the Governor having responsibility for
    enforcing State laws relating to the abatement of pollution.
      (2) The term "interstate agency" means an agency of two or more
    States established by or pursuant to an agreement or compact
    approved by the Congress, or any other agency of two or more
    States, having substantial powers or duties pertaining to the
    control of pollution as determined and approved by the
    Administrator.
      (3) The term "State" means a State, the District of Columbia, the
    Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
    Samoa, the Commonwealth of the Northern Mariana Islands, and the
    Trust Territory of the Pacific Islands.
      (4) The term "municipality" means a city, town, borough, county,
    parish, district, association, or other public body created by or
    pursuant to State law and having jurisdiction over disposal of
    sewage, industrial wastes, or other wastes, or an Indian tribe or
    an authorized Indian tribal organization, or a designated and
    approved management agency under section 1288 of this title.
      (5) The term "person" means an individual, corporation,
    partnership, association, State, municipality, commission, or
    political subdivision of a State, or any interstate body.
      (6) The term "pollutant" means dredged spoil, solid waste,
    incinerator residue, sewage, garbage, sewage sludge, munitions,
    chemical wastes, biological materials, radioactive materials, heat,
    wrecked or discarded equipment, rock, sand, cellar dirt and
    industrial, municipal, and agricultural waste discharged into
    water. This term does not mean (A) "sewage from vessels or a
    discharge incidental to the normal operation of a vessel of the
    Armed Forces" within the meaning of section 1322 of this title; or
    (B) water, gas, or other material which is injected into a well to
    facilitate production of oil or gas, or water derived in
    association with oil or gas production and disposed of in a well,
    if the well used either to facilitate production or for disposal
    purposes is approved by authority of the State in which the well is
    located, and if such State determines that such injection or
    disposal will not result in the degradation of ground or surface
    water resources.
      (7) The term "navigable waters" means the waters of the United
    States, including the territorial seas.
      (8) The term "territorial seas" means the belt of the seas
    measured from the line of ordinary low water along that portion of
    the coast which is in direct contact with the open sea and the line
    marking the seaward limit of inland waters, and extending seaward a
    distance of three miles.
      (9) The term "contiguous zone" means the entire zone established
    or to be established by the United States under article 24 of the
    Convention of the Territorial Sea and the Contiguous Zone.
      (10) The term "ocean" means any portion of the high seas beyond
    the contiguous zone.
      (11) The term "effluent limitation" means any restriction
    established by a State or the Administrator on quantities, rates,
    and concentrations of chemical, physical, biological, and other
    constituents which are discharged from point sources into navigable
    waters, the waters of the contiguous zone, or the ocean, including
    schedules of compliance.
      (12) The term "discharge of a pollutant" and the term "discharge
    of pollutants" each means (A) any addition of any pollutant to
    navigable waters from any point source, (B) any addition of any
    pollutant to the waters of the contiguous zone or the ocean from
    any point source other than a vessel or other floating craft.
      (13) The term "toxic pollutant" means those pollutants, or
    combinations of pollutants, including disease-causing agents, which
    after discharge and upon exposure, ingestion, inhalation or
    assimilation into any organism, either directly from the
    environment or indirectly by ingestion through food chains, will,
    on the basis of information available to the Administrator, cause
    death, disease, behavioral abnormalities, cancer, genetic
    mutations, physiological malfunctions (including malfunctions in
    reproduction) or physical deformations, in such organisms or their
    offspring.
      (14) The term "point source" means any discernible, confined and
    discrete conveyance, including but not limited to any pipe, ditch,
    channel, tunnel, conduit, well, discrete fissure, container,
    rolling stock, concentrated animal feeding operation, or vessel or
    other floating craft, from which pollutants are or may be
    discharged. This term does not include agricultural stormwater
    discharges and return flows from irrigated agriculture.
      (15) The term "biological monitoring" shall mean the
    determination of the effects on aquatic life, including
    accumulation of pollutants in tissue, in receiving waters due to
    the discharge of pollutants (A) by techniques and procedures,
    including sampling of organisms representative of appropriate
    levels of the food chain appropriate to the volume and the
    physical, chemical, and biological characteristics of the effluent,
    and (B) at appropriate frequencies and locations.
      (16) The term "discharge" when used without qualification
    includes a discharge of a pollutant, and a discharge of pollutants.
      (17) The term "schedule of compliance" means a schedule of
    remedial measures including an enforceable sequence of actions or
    operations leading to compliance with an effluent limitation, other
    limitation, prohibition, or standard.
      (18) The term "industrial user" means those industries identified
    in the Standard Industrial Classification Manual, Bureau of the
    Budget, 1967, as amended and supplemented, under the category of
    "Division D - Manufacturing" and such other classes of significant
    waste producers as, by regulation, the Administrator deems
    appropriate.
      (19) The term "pollution" means the man-made or man-induced
    alteration of the chemical, physical, biological, and radiological
    integrity of water.
      (20) The term "medical waste" means isolation wastes; infectious
    agents; human blood and blood products; pathological wastes;
    sharps; body parts; contaminated bedding; surgical wastes and
    potentially contaminated laboratory wastes; dialysis wastes; and
    such additional medical items as the Administrator shall prescribe
    by regulation.
      (21) Coastal recreation waters. -
        (A) In general. - The term "coastal recreation waters" means -
          (i) the Great Lakes; and
          (ii) marine coastal waters (including coastal estuaries) that
        are designated under section 1313(c) of this title by a State
        for use for swimming, bathing, surfing, or similar water
        contact activities.
        (B) Exclusions. - The term "coastal recreation waters" does not
      include -
          (i) inland waters; or
          (ii) waters upstream of the mouth of a river or stream having
        an unimpaired natural connection with the open sea.
      (22) Floatable material. -
        (A) In general. - The term "floatable material" means any
      foreign matter that may float or remain suspended in the water
      column.
        (B) Inclusions. - The term "floatable material" includes -
          (i) plastic;
          (ii) aluminum cans;
          (iii) wood products;
          (iv) bottles; and
          (v) paper products.
      (23) Pathogen indicator. - The term "pathogen indicator" means a
    substance that indicates the potential for human infectious
    disease.
      (24) Oil and gas exploration and production. - The term "oil and
    gas exploration, production, processing, or treatment operations or
    transmission facilities" means all field activities or operations
    associated with exploration, production, processing, or treatment
    operations, or transmission facilities, including activities
    necessary to prepare a site for drilling and for the movement and
    placement of drilling equipment, whether or not such field
    activities or operations may be considered to be construction
    activities.
-SOURCE-
    (June 30, 1948, ch. 758, title V, Sec. 502, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 886; amended Pub. L. 95-217,
    Sec. 33(b), Dec. 27, 1977, 91 Stat. 1577; Pub. L. 100-4, title V,
    Secs. 502(a), 503, Feb. 4, 1987, 101 Stat. 75; Pub. L. 100-688,
    title III, Sec. 3202(a), Nov. 18, 1988, 102 Stat. 4154; Pub. L. 104-
    106, div. A, title III, Sec. 325(c)(3), Feb. 10, 1996, 110 Stat.
    259; Pub. L. 106-284, Sec. 5, Oct. 10, 2000, 114 Stat. 875; Pub. L.
    109-58, title III, Sec. 323, Aug. 8, 2005, 119 Stat. 694.)
-MISC1-
                                AMENDMENTS
      2005 - Par. (24). Pub. L. 109-58 added par. (24).
      2000 - Pars. (21) to (23). Pub. L. 106-284 added pars. (21) to
    (23).
      1996 - Par. (6)(A). Pub. L. 104-106 substituted " 'sewage from
    vessels or a discharge incidental to the normal operation of a
    vessel of the Armed Forces' " for " 'sewage from vessels' ".
      1988 - Par. (20). Pub. L. 100-688 added par. (20).
      1987 - Par. (3). Pub. L. 100-4, Sec. 502(a), inserted "the
    Commonwealth of the Northern Mariana Islands," after "Samoa,".
      Par. (14). Pub. L. 100-4, Sec. 503, inserted "agricultural
    stormwater discharges and" after "does not include".
      1977 - Par. (14). Pub. L. 95-217 inserted provision that "point
    source" does not include return flows from irrigated agriculture.
-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.
-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.
-CROSS-
                       DEFINITION OF "POINT SOURCE"
      Section 507 of Pub. L. 100-4 provided that: "For purposes of the
    Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.], the
    term 'point source' includes a landfill leachate collection
    system."
-End-
-CITE-
    33 USC Sec. 1363                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
    Sec. 1363. Water Pollution Control Advisory Board
-STATUTE-
    (a) Establishment; composition; terms of office
      (1) There is hereby established in the Environmental Protection
    Agency a Water Pollution Control Advisory Board, composed of the
    Administrator or his designee, who shall be Chairman, and nine
    members appointed by the President, none of whom shall be Federal
    officers or employees. The appointed members, having due regard for
    the purposes of this chapter, shall be selected from among
    representatives of various State, interstate, and local
    governmental agencies, of public or private interests contributing
    to, affected by, or concerned with pollution, and of other public
    and private agencies, organizations, or groups demonstrating an
    active interest in the field of pollution prevention and control,
    as well as other individuals who are expert in this field.
      (2)(A) Each member appointed by the President shall hold office
    for a term of three years, except that (i) any member appointed to
    fill a vacancy occurring prior to the expiration of the term for
    which his predecessor was appointed shall be appointed for the
    remainder of such term, and (ii) the terms of office of the members
    first taking office after June 30, 1956, shall expire as follows:
    three at the end of one year after such date, three at the end of
    two years after such date, and three at the end of three years
    after such date, as designated by the President at the time of
    appointment, and (iii) the term of any member under the preceding
    provisions shall be extended until the date on which his
    successor's appointment is effective. None of the members appointed
    by the President shall be eligible for reappointment within one
    year after the end of his preceding term.
      (B) The members of the Board who are not officers or employees of
    the United States, while attending conferences or meetings of the
    Board or while serving at the request of the Administrator, shall
    be entitled to receive compensation at a rate to be fixed by the
    Administrator, but not exceeding $100 per diem, including travel-
    time, and while away from their homes or regular places of
    business they may be allowed travel expenses, including per diem in
    lieu of subsistence, as authorized by law for persons in the
    Government service employed intermittently.
    (b) Functions
      The Board shall advise, consult with, and make recommendations to
    the Administrator on matters of policy relating to the activities
    and functions of the Administrator under this chapter.
    (c) Clerical and technical assistance
      Such clerical and technical assistance as may be necessary to
    discharge the duties of the Board shall be provided from the
    personnel of the Environmental Protection Agency.
-SOURCE-
    (June 30, 1948, ch. 758, title V, Sec. 503, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 887.)
-REFTEXT-
                            REFERENCES IN TEXT
      Travel expenses, including per diem in lieu of subsistence as
    authorized by law, referred to in subsec. (a)(2)(B), probably means
    the allowances authorized by section 5703 of Title 5, Government
    Organization and Employees.
-MISC1-
                      CONTINUATION OF TERM OF OFFICE
      Pub. L. 87-88, Sec. 6(c), July 20, 1961, 75 Stat. 207, provided
    that members of the Water Pollution Control Advisory Board holding
    office immediately preceding July 20, 1961 were to remain in office
    as members of the Board as established by section 6(a) of Pub. L.
    87-88 until the expiration of the terms of office for which they
    were originally appointed.
      TERMS OF OFFICE OF MEMBERS OF WATER POLLUTION CONTROL ADVISORY
                                   BOARD
      Act July 9, 1956, ch. 518, Sec. 3, 70 Stat. 507, provided that
    the terms of office of members of the Water Pollution Control
    Advisory Board, holding office on July 9, 1956, were to terminate
    at the close of business on that date.
                      TERMINATION OF ADVISORY BOARDS
      Advisory boards in existence on Jan. 5, 1973, to terminate not
    later than the expiration of the 2-year period following Jan. 5,
    1973, unless, in the case of a board established by the President
    or an officer of the Federal Government, such board is renewed by
    appropriate action prior to the expiration of such 2-year period,
    or in the case of a board established by the Congress, its duration
    is otherwise provided for by law. See sections 3(2) and 14 of Pub.
    L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix
    to Title 5, Government Organization and Employees.
-End-
-CITE-
    33 USC Sec. 1364                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
    Sec. 1364. Emergency powers
-STATUTE-
    (a) Emergency powers
      Notwithstanding any other provision of this chapter, the
    Administrator upon receipt of evidence that a pollution source or
    combination of sources is presenting an imminent and substantial
    endangerment to the health of persons or to the welfare of persons
    where such endangerment is to the livelihood of such persons, such
    as inability to market shellfish, may bring suit on behalf of the
    United States in the appropriate district court to immediately
    restrain any person causing or contributing to the alleged
    pollution to stop the discharge of pollutants causing or
    contributing to such pollution or to take such other action as may
    be necessary.
    (b) Repealed. Pub. L. 96-510, title III, Sec. 304(a), Dec. 11,
      1980, 94 Stat. 2809
-SOURCE-
    (June 30, 1948, ch. 758, title V, Sec. 504, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 888; amended Pub. L. 95-217,
    Sec. 69, Dec. 27, 1977, 91 Stat. 1607; Pub. L. 96-510, title III,
    Sec. 304(a), Dec. 11, 1980, 94 Stat. 2809.)
-MISC1-
                                AMENDMENTS
      1980 - Subsec. (b). Pub. L. 96-510 struck out subsec. (b) which
    related to emergency assistance, establishment of an emergency
    fund, and preparation of a contingency plan for such emergencies.
      1977 - Pub. L. 95-217 designated existing provisions as subsec.
    (a) and added subsec. (b).
                     EFFECTIVE DATE OF 1980 AMENDMENT
      Amendment by Pub. L. 96-510 effective Dec. 11, 1980, see section
    9652 of Title 42, The Public Health and Welfare.
-End-
-CITE-
    33 USC Sec. 1365                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
    Sec. 1365. Citizen suits
-STATUTE-
    (a) Authorization; jurisdiction
      Except as provided in subsection (b) of this section and section
    1319(g)(6) of this title, any citizen may commence a civil action
    on his own behalf -
        (1) against any person (including (i) the United States, and
      (ii) any other governmental instrumentality or agency to the
      extent permitted by the eleventh amendment to the Constitution)
      who is alleged to be in violation of (A) an effluent standard or
      limitation under this chapter or (B) an order issued by the
      Administrator or a State with respect to such a standard or
      limitation, or
        (2) against the Administrator where there is alleged a failure
      of the Administrator to perform any act or duty under this
      chapter which is not discretionary with the Administrator.
    The district courts shall have jurisdiction, without regard to the
    amount in controversy or the citizenship of the parties, to enforce
    such an effluent standard or limitation, or such an order, or to
    order the Administrator to perform such act or duty, as the case
    may be, and to apply any appropriate civil penalties under section
    1319(d) of this title.
    (b) Notice
      No action may be commenced -
        (1) under subsection (a)(1) of this section -
          (A) prior to sixty days after the plaintiff has given notice
        of the alleged violation (i) to the Administrator, (ii) to the
        State in which the alleged violation occurs, and (iii) to any
        alleged violator of the standard, limitation, or order, or
          (B) if the Administrator or State has commenced and is
        diligently prosecuting a civil or criminal action in a court of
        the United States, or a State to require compliance with the
        standard, limitation, or order, but in any such action in a
        court of the United States any citizen may intervene as a
        matter of right.
        (2) under subsection (a)(2) of this section prior to sixty days
      after the plaintiff has given notice of such action to the
      Administrator,
    except that such action may be brought immediately after such
    notification in the case of an action under this section respecting
    a violation of sections 1316 and 1317(a) of this title. Notice
    under this subsection shall be given in such manner as the
    Administrator shall prescribe by regulation.
    (c) Venue; intervention by Administrator; United States interests
      protected
      (1) Any action respecting a violation by a discharge source of an
    effluent standard or limitation or an order respecting such
    standard or limitation may be brought under this section only in
    the judicial district in which such source is located.
      (2) In such action under this section, the Administrator, if not
    a party, may intervene as a matter of right.
      (3) Protection of interests of united states. - Whenever any
    action is brought under this section in a court of the United
    States, the plaintiff shall serve a copy of the complaint on the
    Attorney General and the Administrator. No consent judgment shall
    be entered in an action in which the United States is not a party
    prior to 45 days following the receipt of a copy of the proposed
    consent judgment by the Attorney General and the Administrator.
    (d) Litigation costs
      The court, in issuing any final order in any action brought
    pursuant to this section, may award costs of litigation (including
    reasonable attorney and expert witness fees) to any prevailing or
    substantially prevailing party, whenever the court determines such
    award is appropriate. The court may, if a temporary restraining
    order or preliminary injunction is sought, require the filing of a
    bond or equivalent security in accordance with the Federal Rules of
    Civil Procedure.
    (e) Statutory or common law rights not restricted
      Nothing in this section shall restrict any right which any person
    (or class of persons) may have under any statute or common law to
    seek enforcement of any effluent standard or limitation or to seek
    any other relief (including relief against the Administrator or a
    State agency).
    (f) Effluent standard or limitation
      For purposes of this section, the term "effluent standard or
    limitation under this chapter" means (1) effective July 1, 1973, an
    unlawful act under subsection (a) of section 1311 of this title;
    (2) an effluent limitation or other limitation under section 1311
    or 1312 of this title; (3) standard of performance under section
    1316 of this title; (4) prohibition, effluent standard or
    pretreatment standards under section 1317 of this title; (5)
    certification under section 1341 of this title; (6) a permit or
    condition thereof issued under section 1342 of this title, which is
    in effect under this chapter (including a requirement applicable by
    reason of section 1323 of this title); or (7) a regulation under
    section 1345(d) of this title,.(!1)
    (g) "Citizen" defined
      For the purposes of this section the term "citizen" means a
    person or persons having an interest which is or may be adversely
    affected.
    (h) Civil action by State Governors
      A Governor of a State may commence a civil action under
    subsection (a) of this section, without regard to the limitations
    of subsection (b) of this section, against the Administrator where
    there is alleged a failure of the Administrator to enforce an
    effluent standard or limitation under this chapter the violation of
    which is occurring in another State and is causing an adverse
    effect on the public health or welfare in his State, or is causing
    a violation of any water quality requirement in his State.
-SOURCE-
    (June 30, 1948, ch. 758, title V, Sec. 505, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 888; amended Pub. L. 100-4,
    title III, Sec. 314(c), title IV, Sec. 406(d)(2), title V, Secs.
    504, 505(c), Feb. 4, 1987, 101 Stat. 49, 73, 75, 76.)
-REFTEXT-
                            REFERENCES IN TEXT
      The Federal Rules of Civil Procedure, referred to in subsec. (d),
    are set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.
-MISC1-
                                AMENDMENTS
      1987 - Subsec. (a). Pub. L. 100-4, Sec. 314(c), inserted "and
    section 1319(g)(6) of this title" after "subsection (b) of this
    section" in introductory text.
      Subsec. (c)(3). Pub. L. 100-4, Sec. 504, added par. (3).
      Subsec. (d). Pub. L. 100-4, Sec. 505(c), inserted "prevailing or
    substantially prevailing" before "party".
      Subsec. (f). Pub. L. 100-4, Sec. 406(d)(2), added cl. (7).
-FOOTNOTE-
    (!1) So in original.
-End-
-CITE-
    33 USC Sec. 1366                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
    Sec. 1366. Appearance
-STATUTE-
      The Administrator shall request the Attorney General to appear
    and represent the United States in any civil or criminal action
    instituted under this chapter to which the Administrator is a
    party. Unless the Attorney General notifies the Administrator
    within a reasonable time, that he will appear in a civil action,
    attorneys who are officers or employees of the Environmental
    Protection Agency shall appear and represent the United States in
    such action.
-SOURCE-
    (June 30, 1948, ch. 758, title V, Sec. 506, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 889.)
-End-
-CITE-
    33 USC Sec. 1367                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
    Sec. 1367. Employee protection
-STATUTE-
    (a) Discrimination against persons filing, instituting, or
      testifying in proceedings under this chapter prohibited
      No person shall fire, or in any other way discriminate against,
    or cause to be fired or discriminated against, any employee or any
    authorized representative of employees by reason of the fact that
    such employee or representative has filed, instituted, or caused to
    be filed or instituted any proceeding under this chapter, or has
    testified or is about to testify in any proceeding resulting from
    the administration or enforcement of the provisions of this
    chapter.
    (b) Application for review; investigation; hearing; review
      Any employee or a representative of employees who believes that
    he has been fired or otherwise discriminated against by any person
    in violation of subsection (a) of this section may, within thirty
    days after such alleged violation occurs, apply to the Secretary of
    Labor for a review of such firing or alleged discrimination. A copy
    of the application shall be sent to such person who shall be the
    respondent. Upon receipt of such application, the Secretary of
    Labor shall cause such investigation to be made as he deems
    appropriate. Such investigation shall provide an opportunity for a
    public hearing at the request of any party to such review to enable
    the parties to present information relating to such alleged
    violation. The parties shall be given written notice of the time
    and place of the hearing at least five days prior to the hearing.
    Any such hearing shall be of record and shall be subject to section
    554 of title 5. Upon receiving the report of such investigation,
    the Secretary of Labor shall make findings of fact. If he finds
    that such violation did occur, he shall issue a decision,
    incorporating an order therein and his findings, requiring the
    party committing such violation to take such affirmative action to
    abate the violation as the Secretary of Labor deems appropriate,
    including, but not limited to, the rehiring or reinstatement of the
    employee or representative of employees to his former position with
    compensation. If he finds that there was no such violation, he
    shall issue an order denying the application. Such order issued by
    the Secretary of Labor under this subparagraph shall be subject to
    judicial review in the same manner as orders and decisions of the
    Administrator are subject to judicial review under this chapter.
    (c) Costs and expenses
      Whenever an order is issued under this section to abate such
    violation, at the request of the applicant, a sum equal to the
    aggregate amount of all costs and expenses (including the
    attorney's fees), as determined by the Secretary of Labor, to have
    been reasonably incurred by the applicant for, or in connection
    with, the institution and prosecution of such proceedings, shall be
    assessed against the person committing such violation.
    (d) Deliberate violations by employee acting without direction from
      his employer or his agent
      This section shall have no application to any employee who,
    acting without direction from his employer (or his agent)
    deliberately violates any prohibition of effluent limitation or
    other limitation under section 1311 or 1312 of this title,
    standards of performance under section 1316 of this title, effluent
    standard, prohibition or pretreatment standard under section 1317
    of this title, or any other prohibition or limitation established
    under this chapter.
    (e) Investigations of employment reductions
      The Administrator shall conduct continuing evaluations of
    potential loss or shifts of employment which may result from the
    issuance of any effluent limitation or order under this chapter,
    including, where appropriate, investigating threatened plant
    closures or reductions in employment allegedly resulting from such
    limitation or order. Any employee who is discharged or laid-off,
    threatened with discharge or lay-off, or otherwise discriminated
    against by any person because of the alleged results of any
    effluent limitation or order issued under this chapter, or any
    representative of such employee, may request the Administrator to
    conduct a full investigation of the matter. The Administrator shall
    thereupon investigate the matter and, at the request of any party,
    shall hold public hearings on not less than five days notice, and
    shall at such hearings require the parties, including the employer
    involved, to present information relating to the actual or
    potential effect of such limitation or order on employment and on
    any alleged discharge, lay-off, or other discrimination and the
    detailed reasons or justification therefor. Any such hearing shall
    be of record and shall be subject to section 554 of title 5. Upon
    receiving the report of such investigation, the Administrator shall
    make findings of fact as to the effect of such effluent limitation
    or order on employment and on the alleged discharge, lay-off, or
    discrimination and shall make such recommendations as he deems
    appropriate. Such report, findings, and recommendations shall be
    available to the public. Nothing in this subsection shall be
    construed to require or authorize the Administrator to modify or
    withdraw any effluent limitation or order issued under this
    chapter.
-SOURCE-
    (June 30, 1948, ch. 758, title V, Sec. 507, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 890.)
-End-
-CITE-
    33 USC Sec. 1368                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
    Sec. 1368. Federal procurement
-STATUTE-
    (a) Contracts with violators prohibited
      No Federal agency may enter into any contract with any person,
    who has been convicted of any offense under section 1319(c) of this
    title, for the procurement of goods, materials, and services if
    such contract is to be performed at any facility at which the
    violation which gave rise to such conviction occurred, and if such
    facility is owned, leased, or supervised by such person. The
    prohibition in the preceding sentence shall continue until the
    Administrator certifies that the condition giving rise to such
    conviction has been corrected.
    (b) Notification of agencies
      The Administrator shall establish procedures to provide all
    Federal agencies with the notification necessary for the purposes
    of subsection (a) of this section.
    (c) Omitted
    (d) Exemptions
      The President may exempt any contract, loan, or grant from all or
    part of the provisions of this section where he determines such
    exemption is necessary in the paramount interest of the United
    States and he shall notify the Congress of such exemption.
    (e) Annual report to Congress
      The President shall annually report to the Congress on measures
    taken in compliance with the purpose and intent of this section,
    including, but not limited to, the progress and problems associated
    with such compliance.
    (f) Contractor certification or contract clause in acquisition of
      commercial items
      (1) No certification by a contractor, and no contract clause, may
    be required in the case of a contract for the acquisition of
    commercial items in order to implement a prohibition or requirement
    of this section or a prohibition or requirement issued in the
    implementation of this section.
      (2) In paragraph (1), the term "commercial item" has the meaning
    given such term in section 403(12) of title 41.
-SOURCE-
    (June 30, 1948, ch. 758, title V, Sec. 508, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 891; amended Pub. L. 103-355,
    title VIII, Sec. 8301(a), Oct. 13, 1994, 108 Stat. 3396.)
-COD-
                               CODIFICATION
      Subsec. (c) of this section authorized the President to cause to
    be issued, not more than 180 days after October 18, 1972, an order
    (1) requiring each Federal agency authorized to enter into
    contracts or to extend Federal assistance by way of grant, loan, or
    contract, to effectuate the purpose and policy of this chapter, and
    (2) setting forth procedures, sanctions and penalties as the
    President determines necessary to carry out such requirement.
-MISC1-
                                AMENDMENTS
      1994 - Subsec. (f). Pub. L. 103-355 added subsec. (f).
                     EFFECTIVE DATE OF 1994 AMENDMENT
      For effective date and applicability of amendment by Pub. L. 103-
    355, see section 10001 of Pub. L. 103-355, set out as a note under
    section 251 of Title 41, Public Contracts.
       ADMINISTRATION OF CHAPTER WITH RESPECT TO FEDERAL CONTRACTS,
                             GRANTS, OR LOANS
      For provisions concerning the administration of this chapter with
    respect to Federal contracts, grants, or loans, see Ex. Ord. No.
    11738, Sept. 10, 1973, 38 F.R. 25161, set out as a note under
    section 7606 of Title 42, The Public Health and Welfare.
-End-
-CITE-
    33 USC Sec. 1369                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
    Sec. 1369. Administrative procedure and judicial review
-STATUTE-
    (a) Subpenas
      (1) For purposes of obtaining information under section 1315 of
    this title, or carrying out section 1367(e) of this title, the
    Administrator may issue subpenas for the attendance and testimony
    of witnesses and the production of relevant papers, books, and
    documents, and he may administer oaths. Except for effluent data,
    upon a showing satisfactory to the Administrator that such papers,
    books, documents, or information or particular part thereof, if
    made public, would divulge trade secrets or secret processes, the
    Administrator shall consider such record, report, or information or
    particular portion thereof confidential in accordance with the
    purposes of section 1905 of title 18, except that such paper, book,
    document, or information may be disclosed to other officers,
    employees, or authorized representatives of the United States
    concerned with carrying out this chapter, or when relevant in any
    proceeding under this chapter. Witnesses summoned shall be paid the
    same fees and mileage that are paid witnesses in the courts of the
    United States. In case of contumacy or refusal to obey a subpena
    served upon any person under this subsection, the district court of
    the United States for any district in which such person is found or
    resides or transacts business, upon application by the United
    States and after notice to such person, shall have jurisdiction to
    issue an order requiring such person to appear and give testimony
    before the Administrator, to appear and produce papers, books, and
    documents before the Administrator, or both, and any failure to
    obey such order of the court may be punished by such court as a
    contempt thereof.
      (2) The district courts of the United States are authorized, upon
    application by the Administrator, to issue subpenas for attendance
    and testimony of witnesses and the production of relevant papers,
    books, and documents, for purposes of obtaining information under
    sections 1314(b) and (c) of this title. Any papers, books,
    documents, or other information or part thereof, obtained by reason
    of such a subpena shall be subject to the same requirements as are
    provided in paragraph (1) of this subsection.
    (b) Review of Administrator's actions; selection of court; fees
      (1) Review of the Administrator's action (A) in promulgating any
    standard of performance under section 1316 of this title, (B) in
    making any determination pursuant to section 1316(b)(1)(C) of this
    title, (C) in promulgating any effluent standard, prohibition, or
    pretreatment standard under section 1317 of this title, (D) in
    making any determination as to a State permit program submitted
    under section 1342(b) of this title, (E) in approving or
    promulgating any effluent limitation or other limitation under
    section 1311, 1312, 1316, or 1345 of this title, (F) in issuing or
    denying any permit under section 1342 of this title, and (G) in
    promulgating any individual control strategy under section 1314(l)
    of this title, may be had by any interested person in the Circuit
    Court of Appeals of the United States for the Federal judicial
    district in which such person resides or transacts business which
    is directly affected by such action upon application by such
    person. Any such application shall be made within 120 days from the
    date of such determination, approval, promulgation, issuance or
    denial, or after such date only if such application is based solely
    on grounds which arose after such 120th day.
      (2) Action of the Administrator with respect to which review
    could have been obtained under paragraph (1) of this subsection
    shall not be subject to judicial review in any civil or criminal
    proceeding for enforcement.
      (3) Award of fees. - In any judicial proceeding under this
    subsection, the court may award costs of litigation (including
    reasonable attorney and expert witness fees) to any prevailing or
    substantially prevailing party whenever it determines that such
    award is appropriate.
    (c) Additional evidence
      In any judicial proceeding brought under subsection (b) of this
    section in which review is sought of a determination under this
    chapter required to be made on the record after notice and
    opportunity for hearing, if any party applies to the court for
    leave to adduce additional evidence, and shows to the satisfaction
    of the court that such additional evidence is material and that
    there were reasonable grounds for the failure to adduce such
    evidence in the proceeding before the Administrator, the court may
    order such additional evidence (and evidence in rebuttal thereof)
    to be taken before the Administrator, in such manner and upon such
    terms and conditions as the court may deem proper. The
    Administrator may modify his findings as to the facts, or make new
    findings, by reason of the additional evidence so taken and he
    shall file such modified or new findings, and his recommendation,
    if any, for the modification or setting aside of his original
    determination, with the return of such additional evidence.
-SOURCE-
    (June 30, 1948, ch. 758, title V, Sec. 509, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 891; amended Pub. L. 93-207,
    Sec. 1(6), Dec. 28, 1973, 87 Stat. 906; Pub. L. 100-4, title III,
    Sec. 308(b), title IV, Sec. 406(d)(3), title V, Sec. 505(a), (b),
    Feb. 4, 1987, 101 Stat. 39, 73, 75; Pub. L. 100-236, Sec. 2, Jan.
    8, 1988, 101 Stat. 1732.)
-MISC1-
                                AMENDMENTS
      1988 - Subsec. (b)(3), (4). Pub. L. 100-236 redesignated par. (4)
    as (3) and struck out former par. (3) relating to venue, which
    provided for selection procedure in subpar. (A), administrative
    provisions in subpar. (B), and transfers in subpar. (C).
      1987 - Subsec. (b)(1). Pub. L. 100-4, Secs. 308(b), 406(d)(3),
    505(a), substituted "transacts business which is directly affected
    by such action" for "transacts such business", "120" for "ninety",
    and "120th" for "ninetieth", substituted "1316, or 1345 of this
    title" for "or 1316 of this title" in cl. (E), and added cl. (G).
      Subsec. (b)(3), (4). Pub. L. 100-4, Sec. 505(b), added pars. (3)
    and (4).
      1973 - Subsec. (b)(1)(C). Pub. L. 93-207 substituted
    "pretreatment" for "treatment".
                     EFFECTIVE DATE OF 1988 AMENDMENT
      Amendment by Pub. L. 100-236 effective 180 days after Jan. 8,
    1988, see section 3 of Pub. L. 100-236, set out as a note under
    section 2112 of Title 28, Judiciary and Judicial Procedure.
-End-
-CITE-
    33 USC Sec. 1370                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
    Sec. 1370. State authority
-STATUTE-
      Except as expressly provided in this chapter, nothing in this
    chapter shall (1) preclude or deny the right of any State or
    political subdivision thereof or interstate agency to adopt or
    enforce (A) any standard or limitation respecting discharges of
    pollutants, or (B) any requirement respecting control or abatement
    of pollution; except that if an effluent limitation, or other
    limitation, effluent standard, prohibition, pretreatment standard,
    or standard of performance is in effect under this chapter, such
    State or political subdivision or interstate agency may not adopt
    or enforce any effluent limitation, or other limitation, effluent
    standard, prohibition, pretreatment standard, or standard of
    performance which is less stringent than the effluent limitation,
    or other limitation, effluent standard, prohibition, pretreatment
    standard, or standard of performance under this chapter; or (2) be
    construed as impairing or in any manner affecting any right or
    jurisdiction of the States with respect to the waters (including
    boundary waters) of such States.
-SOURCE-
    (June 30, 1948, ch. 758, title V, Sec. 510, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 893.)
-End-
-CITE-
    33 USC Sec. 1371                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
    Sec. 1371. Authority under other laws and regulations
-STATUTE-
    (a) Impairment of authority or functions of officials and agencies;
      treaty provisions
      This chapter shall not be construed as (1) limiting the authority
    or functions of any officer or agency of the United States under
    any other law or regulation not inconsistent with this chapter; (2)
    affecting or impairing the authority of the Secretary of the Army
    (A) to maintain navigation or (B) under the Act of March 3, 1899,
    (30 Stat. 1112); except that any permit issued under section 1344
    of this title shall be conclusive as to the effect on water quality
    of any discharge resulting from any activity subject to section 403
    of this title, or (3) affecting or impairing the provisions of any
    treaty of the United States.
    (b) Discharges of pollutants into navigable waters
      Discharges of pollutants into the navigable waters subject to the
    Rivers and Harbors Act of 1910 (36 Stat. 593; 33 U.S.C. 421) and
    the Supervisory Harbors Act of 1888 (25 Stat. 209; 33 U.S.C. 441-
    451b) shall be regulated pursuant to this chapter, and not subject
    to such Act of 1910 and the Act of 1888 except as to effect on
    navigation and anchorage.
    (c) Action of the Administrator deemed major Federal action;
      construction of the National Environmental Policy Act of 1969
      (1) Except for the provision of Federal financial assistance for
    the purpose of assisting the construction of publicly owned
    treatment works as authorized by section 1281 of this title, and
    the issuance of a permit under section 1342 of this title for the
    discharge of any pollutant by a new source as defined in section
    1316 of this title, no action of the Administrator taken pursuant
    to this chapter shall be deemed a major Federal action
    significantly affecting the quality of the human environment within
    the meaning of the National Environmental Policy Act of 1969 (83
    Stat. 852) [42 U.S.C. 4321 et seq.]; and
      (2) Nothing in the National Environmental Policy Act of 1969 (83
    Stat. 852) shall be deemed to -
        (A) authorize any Federal agency authorized to license or
      permit the conduct of any activity which may result in the
      discharge of a pollutant into the navigable waters to review any
      effluent limitation or other requirement established pursuant to
      this chapter or the adequacy of any certification under section
      1341 of this title; or
        (B) authorize any such agency to impose, as a condition
      precedent to the issuance of any license or permit, any effluent
      limitation other than any such limitation established pursuant to
      this chapter.
    (d) Consideration of international water pollution control
      agreements
      Notwithstanding this chapter or any other provision of law, the
    Administrator (1) shall not require any State to consider in the
    development of the ranking in order of priority of needs for the
    construction of treatment works (as defined in subchapter II of
    this chapter), any water pollution control agreement which may have
    been entered into between the United States and any other nation,
    and (2) shall not consider any such agreement in the approval of
    any such priority ranking.
-SOURCE-
    (June 30, 1948, ch. 758, title V, Sec. 511, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 893; amended Pub. L. 93-243,
    Sec. 3, Jan. 2, 1974, 87 Stat. 1069.)
-REFTEXT-
                            REFERENCES IN TEXT
      Act of March 3, 1899, referred to in subsec. (a), is act Mar. 3,
    1899, ch. 425, 30 Stat. 1121, as amended, which enacted sections
    401, 403, 404, 406, 407, 408, 409, 411 to 416, 418, 502, 549, and
    687 of this title and amended section 686 of this title. For
    complete classification of this Act to the Code, see Tables.
      The Rivers and Harbors Act of 1910, referred to in subsec. (b),
    probably means act June 23, 1910, ch. 359, 36 Stat. 593.
      The Supervisory Harbors Act of 1888, referred to in subsec. (b),
    probably means act June 29, 1888, ch. 496, 25 Stat. 209, as
    amended, which is classified generally to subchapter III (Sec. 441
    et seq.) of chapter 9 of this title. For complete classification of
    this Act to the Code, see Tables.
      The National Environmental Policy Act of 1969, referred to in
    subsec. (c), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
    amended, which is classified generally to chapter 55 (Sec. 4321 et
    seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4321 of Title 42 and Tables.
-MISC1-
                                AMENDMENTS
      1974 - Subsec. (d). Pub. L. 93-243 added subsec. (d).
-End-
-CITE-
    33 USC Sec. 1372                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
    Sec. 1372. Labor standards
-STATUTE-
      The Administrator shall take such action as may be necessary to
    insure that all laborers and mechanics employed by contractors or
    subcontractors on treatment works for which grants are made under
    this chapter shall be paid wages at rates not less than those
    prevailing for the same type of work on similar construction in the
    immediate locality, as determined by the Secretary of Labor, in
    accordance with sections 3141-3144, 3146, and 3147 of title 40. The
    Secretary of Labor shall have, with respect to the labor standards
    specified in this subsection,(!1) the authority and functions set
    forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176) and
    section 3145 of title 40.
-SOURCE-
    (June 30, 1948, ch. 758, title V, Sec. 513, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 894.)
-REFTEXT-
                            REFERENCES IN TEXT
      Reorganization Plan Numbered 14 of 1950, referred to in text, is
    Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64
    Stat. 1267, which is set out in the Appendix to Title 5, Government
    Organization and Employees.
-COD-
                               CODIFICATION
      In text, "sections 3141-3144, 3146, and 3147 of title 40"
    substituted for "the Act of March 3, 1931, as amended, known as the
    Davis-Bacon Act (46 Stat. 1494; 40 U.S.C., sec. 276a through 276a-
    5)" and "section 3145 of title 40" substituted for "section 2 of
    the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C.
    276c)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002,
    116 Stat. 1303, the first section of which enacted Title 40, Public
    Buildings, Property, and Works.
-FOOTNOTE-
    (!1) So in original. Probably should be "section,".
-End-
-CITE-
    33 USC Sec. 1373                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
    Sec. 1373. Public health agency coordination
-STATUTE-
      The permitting agency under section 1342 of this title shall
    assist the applicant for a permit under such section in
    coordinating the requirements of this chapter with those of the
    appropriate public health agencies.
-SOURCE-
    (June 30, 1948, ch. 758, title V, Sec. 514, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 894.)
-End-
-CITE-
    33 USC Sec. 1374                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
    Sec. 1374. Effluent Standards and Water Quality Information
      Advisory Committee
-STATUTE-
    (a) Establishment; membership; term
      (1) There is established an Effluent Standards and Water Quality
    Information Advisory Committee, which shall be composed of a
    Chairman and eight members who shall be appointed by the
    Administrator within sixty days after October 18, 1972.
      (2) All members of the Committee shall be selected from the
    scientific community, qualified by education, training, and
    experience to provide, assess, and evaluate scientific and
    technical information on effluent standards and limitations.
      (3) Members of the Committee shall serve for a term of four
    years, and may be reappointed.
    (b) Action on proposed regulations
      (1) No later than one hundred and eighty days prior to the date
    on which the Administrator is required to publish any proposed
    regulations required by section 1314(b) of this title, any proposed
    standard of performance for new sources required by section 1316 of
    this title, or any proposed toxic effluent standard required by
    section 1317 of this title, he shall transmit to the Committee a
    notice of intent to propose such regulations. The Chairman of the
    Committee within ten days after receipt of such notice may publish
    a notice of a public hearing by the Committee, to be held within
    thirty days.
      (2) No later than one hundred and twenty days after receipt of
    such notice, the Committee shall transmit to the Administrator such
    scientific and technical information as is in its possession,
    including that presented at any public hearing, related to the
    subject matter contained in such notice.
      (3) Information so transmitted to the Administrator shall
    constitute a part of the administrative record and comments on any
    proposed regulations or standards as information to be considered
    with other comments and information in making any final
    determinations.
      (4) In preparing information for transmittal, the Committee shall
    avail itself of the technical and scientific services of any
    Federal agency, including the United States Geological Survey and
    any national environmental laboratories which may be established.
    (c) Secretary; legal counsel; compensation
      (1) The Committee shall appoint and prescribe the duties of a
    Secretary, and such legal counsel as it deems necessary. The
    Committee shall appoint such other employees as it deems necessary
    to exercise and fulfill its powers and responsibilities. The
    compensation of all employees appointed by the Committee shall be
    fixed in accordance with chapter 51 and subchapter III of chapter
    53 of title 5.
      (2) Members of the Committee shall be entitled to receive
    compensation at a rate to be fixed by the President but not in
    excess of the maximum rate of pay for grade GS-18, as provided in
    the General Schedule under section 5332 of title 5.
    (d) Quorum; special panel
      Five members of the Committee shall constitute a quorum, and
    official actions of the Committee shall be taken only on the
    affirmative vote of at least five members. A special panel composed
    of one or more members upon order of the Committee shall conduct
    any hearing authorized by this section and submit the transcript of
    such hearing to the entire Committee for its action thereon.
    (e) Rules
      The Committee is authorized to make such rules as are necessary
    for the orderly transaction of its business.
-SOURCE-
    (June 30, 1948, ch. 758, title V, Sec. 515, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 894.)
-MISC1-
                    TERMINATION OF ADVISORY COMMITTEES
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, unless, in the case of a committee established by the
    President or an officer of the Federal Government, such committee
    is renewed by appropriate action prior to the expiration of such 2-
    year period, or in the case of a committee established by the
    Congress, its duration is otherwise provided by law. See section 14
    of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the
    Appendix to Title 5, Government Organization and Employees.
          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.
-End-
-CITE-
    33 USC Sec. 1375                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
    Sec. 1375. Reports to Congress; detailed estimates and
      comprehensive study on costs; State estimates
-STATUTE-
    (a) Implementation of chapter objectives; status and progress of
      programs
      Within ninety days following the convening of each session of
    Congress, the Administrator shall submit to the Congress a report,
    in addition to any other report required by this chapter, on
    measures taken toward implementing the objective of this chapter,
    including, but not limited to, (1) the progress and problems
    associated with developing comprehensive plans under section 1252
    of this title, areawide plans under section 1288 of this title,
    basin plans under section 1289 of this title, and plans under
    section 1313(e) of this title; (2) a summary of actions taken and
    results achieved in the field of water pollution control research,
    experiments, studies, and related matters by the Administrator and
    other Federal agencies and by other persons and agencies under
    Federal grants or contracts; (3) the progress and problems
    associated with the development of effluent limitations and
    recommended control techniques; (4) the status of State
    programs,including a detailed summary of the progress obtained as
    compared to that planned under State program plans for development
    and enforcement of water quality requirements; (5) the
    identification and status of enforcement actions pending or
    completed under this chapter during the preceding year; (6) the
    status of State, interstate, and local pollution control programs
    established pursuant to, and assisted by, this chapter; (7) a
    summary of the results of the survey required to be taken under
    section 1290 of this title; (8) his activities including
    recommendations under sections 1259 through 1261 of this title; and
    (9) all reports and recommendations made by the Water Pollution
    Control Advisory Board.
    (b) Detailed estimates and comprehensive study on costs; State
      estimates, survey form
      (1) The Administrator, in cooperation with the States, including
    water pollution control agencies and other water pollution control
    planning agencies, shall make (A) a detailed estimate of the cost
    of carrying out the provisions of this chapter; (B) a detailed
    estimate, biennially revised, of the cost of construction of all
    needed publicly owned treatment works in all of the States and of
    the cost of construction of all needed publicly owned treatment
    works in each of the States; (C) a comprehensive study of the
    economic impact on affected units of government of the cost of
    installation of treatment facilities; and (D) a comprehensive
    analysis of the national requirements for and the cost of treating
    municipal, industrial, and other effluent to attain the water
    quality objectives as established by this chapter or applicable
    State law. The Administrator shall submit such detailed estimate
    and such comprehensive study of such cost to the Congress no later
    than February 10 of each odd-numbered year. Whenever the
    Administrator, pursuant to this subsection, requests and receives
    an estimate of cost from a State, he shall furnish copies of such
    estimate together with such detailed estimate to Congress.
      (2) Notwithstanding the second sentence of paragraph (1) of this
    subsection, the Administrator shall make a preliminary detailed
    estimate called for by subparagraph (B) of such paragraph and shall
    submit such preliminary detailed estimate to the Congress no later
    than September 3, 1974. The Administrator shall require each State
    to prepare an estimate of cost for such State, and shall utilize
    the survey form EPA-1, O.M.B. No. 158-R0017, prepared for the 1973
    detailed estimate, except that such estimate shall include all
    costs of compliance with section 1281(g)(2)(A) of this title and
    water quality standards established pursuant to section 1313 of
    this title, and all costs of treatment works as defined in section
    1292(2) of this title, including all eligible costs of constructing
    sewage collection systems and correcting excessive infiltration or
    inflow and all eligible costs of correcting combined storm and
    sanitary sewer problems and treating storm water flows. The survey
    form shall be distributed by the Administrator to each State no
    later than January 31, 1974.
    (c) Status of combined sewer overflows in municipal treatment works
      operations
      The Administrator shall submit to the Congress by October 1,
    1978, a report on the status of combined sewer overflows in
    municipal treatment works operations. The report shall include (1)
    the status of any projects funded under this chapter to address
    combined sewer overflows (2) a listing by State of combined sewer
    overflow needs identified in the 1977 State priority listings, (3)
    an estimate for each applicable municipality of the number of years
    necessary, assuming an annual authorization and appropriation for
    the construction grants program of $5,000,000,000, to correct
    combined sewer overflow problems, (4) an analysis using
    representative municipalities faced with major combined sewer
    overflow needs, of the annual discharges of pollutants from
    overflows in comparison to treated effluent discharges, (5) an
    analysis of the technological alternatives available to
    municipalities to correct major combined sewer overflow problems,
    and (6) any recommendations of the Administrator for legislation to
    address the problem of combined sewer overflows, including whether
    a separate authorization and grant program should be established by
    the Congress to address combined sewer overflows.
    (d) Legislative recommendations on program requiring coordination
      between water supply and wastewater control plans as condition
      for construction grants; public hearing
      The Administrator, in cooperation with the States, including
    water pollution control agencies, and other water pollution control
    planning agencies, and water supply and water resources agencies of
    the States and the United States shall submit to Congress, within
    two years of December 27, 1977, a report with recommendations for
    legislation on a program to require coordination between water
    supply and wastewater control plans as a condition to grants for
    construction of treatment works under this chapter. No such report
    shall be submitted except after opportunity for public hearings on
    such proposed report.
    (e) State revolving fund report
      (1) In general
        Not later than February 10, 1990, the Administrator shall
      submit to Congress a report on the financial status and
      operations of water pollution control revolving funds established
      by the States under subchapter VI of this chapter. The
      Administrator shall prepare such report in cooperation with the
      States, including water pollution control agencies and other
      water pollution control planning and financing agencies.
      (2) Contents
        The report under this subsection shall also include the
      following:
          (A) an inventory of the facilities that are in significant
        noncompliance with the enforceable requirements of this
        chapter;
          (B) an estimate of the cost of construction necessary to
        bring such facilities into compliance with such requirements;
          (C) an assessment of the availability of sources of funds for
        financing such needed construction, including an estimate of
        the amount of funds available for providing assistance for such
        construction through September 30, 1999, from the water
        pollution control revolving funds established by the States
        under subchapter VI of this chapter;
          (D) an assessment of the operations, loan portfolio, and loan
        conditions of such revolving funds;
          (E) an assessment of the effect on user charges of the
        assistance provided by such revolving funds compared to the
        assistance provided with funds appropriated pursuant to section
        1287 of this title; and
          (F) an assessment of the efficiency of the operation and
        maintenance of treatment works constructed with assistance
        provided by such revolving funds compared to the efficiency of
        the operation and maintenance of treatment works constructed
        with assistance provided under section 1281 of this title.
-SOURCE-
    (June 30, 1948, ch. 758, title V, Sec. 516, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 895; amended Pub. L. 93-243,
    Sec. 4, Jan. 2, 1974, 87 Stat. 1069; Pub. L. 95-217, Secs. 70-72,
    Dec. 27, 1977, 91 Stat. 1608, 1609; Pub. L. 100-4, title II, Sec.
    212(c), Feb. 4, 1987, 101 Stat. 27; Pub. L. 104-66, title II, Sec.
    2021(d), Dec. 21, 1995, 109 Stat. 727; Pub. L. 105-362, title V,
    Sec. 501(d)(1), Nov. 10, 1998, 112 Stat. 3283; Pub. L. 107-303,
    title III, Sec. 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)
-MISC1-
                                AMENDMENTS
      2002 - Subsecs. (a) to (e). Pub. L. 107-303 repealed Pub. L. 105-
    362, Sec. 501(d)(1). See 1998 Amendment notes below.
      1998 - Subsec. (a). Pub. L. 105-362, Sec. 501(d)(1)(A), which
    directed the striking out of subsec. (a), was repealed by Pub. L.
    107-303. See Effective Date of 2002 Amendment note below.
      Subsec. (b). Pub. L. 105-362, Sec. 501(d), which directed the
    striking out of par. (1) designation, redesignation of subpars. (A)
    to (D) as pars. (1) to (4), respectively, and striking out of par.
    (2), was repealed by Pub. L. 107-303. See Effective Date of 2002
    Amendment note below.
      Subsecs. (c) to (e). Pub. L. 105-362, Sec. 501(d)(1)(A), which
    directed the striking out of subsecs. (c) to (e), was repealed by
    Pub. L. 107-303. See Effective Date of 2002 Amendment note below.
      1995 - Subsecs. (d), (e), (g). Pub. L. 104-66 redesignated
    subsecs. (e) and (g) as (d) and (e), respectively, and struck out
    former subsec. (d) which related to status reports on the use of
    municipal secondary effluent and sludge for agricultural and other
    purposes that utilize the nutrient value of treated wastewater
    effluent.
      1987 - Subsec. (g). Pub. L. 100-4 added subsec. (g).
      1977 - Subsecs. (c) to (e). Pub. L. 95-217 added subsecs. (c) to
    (e).
      1974 - Subsec. (b). Pub. L. 93-243 designated existing paragraph
    as par. (1) and cls. (1) to (4) as (A) to (D), and added par. (2).
                     EFFECTIVE DATE OF 2002 AMENDMENT
      Amendment by Pub. L. 107-303 effective Nov. 10, 1998, and Federal
    Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and
    administered on and after Nov. 27, 2002, as if amendments made by
    section 501(a)-(d) of Pub. L. 105-362 had not been enacted, see
    section 302(b) of Pub. L. 107-303, set out as a note under section
    1254 of this title.
                            STUDIES AND REPORTS
      Pub. L. 100-4, title III, Sec. 308(g), Feb. 4, 1987, 101 Stat.
    40, directed Administrator to conduct a water quality improvement
    study and report results of such study to specified Congressional
    committees not later than 2 years after Feb. 4, 1987.
      Pub. L. 100-4, title III, Sec. 314(b), Feb. 4, 1987, 101 Stat.
    49, directed Secretary of the Army and Administrator to each
    prepare a report on enforcement mechanisms and to submit the
    reports to Congress not later than Dec. 1, 1988.
      Pub. L. 100-4, title IV, Sec. 404(c), Feb. 4, 1987, 101 Stat. 69,
    directed Administrator to study extent to which States have adopted
    water quality standards in accordance with section 1313a of this
    title and extent to which modifications of permits issued under
    section 1342(a)(1)(B) of this title for the purpose of reflecting
    revisions of water quality standards be encouraged and to submit a
    report on such study to Congress not later than 2 years after Feb.
    4, 1987, prior to repeal by Pub. L. 104-66, title II, Sec.
    2021(e)(1), Dec. 21, 1995, 109 Stat. 727.
      Pub. L. 100-4, title V, Sec. 516, Feb. 4, 1987, 101 Stat. 86,
    directed Administrator to conduct a study of de minimis discharges
    and report results of such study to specified Congressional
    committees not later than 1 year after Feb. 4, 1987.
      Pub. L. 100-4, title V, Sec. 517, Feb. 4, 1987, 101 Stat. 86,
    directed Administrator to conduct a study of effectiveness of
    innovative and alternative wastewater processes and techniques and
    report results of such study to specified Congressional committees
    not later than 1 year after Feb. 4, 1987.
      Pub. L. 100-4, title V, Sec. 518, Feb. 4, 1987, 101 Stat. 86,
    directed Administrator to conduct a study of testing procedures
    established under section 1314(h) of this title for analysis of
    pollutants and report results of such study to specified
    Congressional committees not later than 1 year after Feb. 4, 1987.
      Pub. L. 100-4, title V, Sec. 519, Feb. 4, 1987, 101 Stat. 87,
    directed Administrator to conduct a study of pretreatment of toxic
    pollutants and report results of such study to specified
    Congressional committees not later than 4 years after Feb. 4, 1987.
      Pub. L. 100-4, title V, Sec. 520, Feb. 4, 1987, 101 Stat. 87,
    directed Administrator, in conjunction with State and local
    agencies, to conduct studies of water pollution problems in
    aquifers and report result of such studies to Congress not later
    than 2 years after Feb. 4, 1987.
      Pub. L. 100-4, title V, Sec. 522, Feb. 4, 1987, 101 Stat. 88,
    directed Administrator to conduct a study on sulfide corrosion in
    collection and treatment systems and report results of such study
    to specified Congressional committees not later than 1 year after
    Feb. 4, 1987.
      Pub. L. 100-4, title V, Sec. 523, Feb. 4, 1987, 101 Stat. 89,
    directed Administrator to conduct a study of rainfall induced
    infiltration into sewer systems and report results of such study to
    Congress not later than 1 year after Feb. 4, 1987.
      Pub. L. 100-4, title V, Sec. 524, Feb. 4, 1987, 101 Stat. 89,
    directed Administrator to conduct a study of dam water quality and
    report results of such study to Congress not later than Dec. 31,
    1987.
      Pub. L. 100-4, title V, Sec. 525, Feb. 4, 1987, 101 Stat. 89,
    directed Administrator to conduct a study of pollution in Lake Pend
    Oreille, Idaho, and the Clark Fork River and its tributaries,
    Idaho, Montana, and Washington, and to report to Congress findings
    and recommendations.
        DETAILED ESTIMATES, COMPREHENSIVE STUDY, AND COMPREHENSIVE
       ANALYSIS; REPORT TO CONGRESS NOT LATER THAN DECEMBER 31, 1982
      Pub. L. 97-117, Sec. 25, Dec. 29, 1981, 95 Stat. 1633, provided
    that the Administrator of the Environmental Protection Agency
    submit to the Congress, not later than December 31, 1982, a report
    containing the detailed estimates, comprehensive study, and
    comprehensive analysis required by section 1375(b) of this title,
    including an estimate of the total cost and the amount of Federal
    funds necessary for the construction of needed publicly owned
    treatment facilities, such report to reflect the changes made in
    the Federal water pollution control program by Pub. L. 97-117 [see
    Short Title of 1981 Amendment note set out under section 1251 of
    this title]. The Administrator was to give emphasis to the effects
    of the amendment made by section 2(a) of Pub. L. 97-117 [amending
    section 1281(g)(1) of this title] in addressing water quality needs
    adequately and appropriately.
       STUDY AND REPORT TO CONGRESS BY SECRETARY OF THE INTERIOR OF
       FINANCING WATER POLLUTION PREVENTION, CONTROL, AND ABATEMENT
                                 PROGRAMS
      Pub. L. 91-224, title I, Sec. 109, Apr. 3, 1970, 34 Stat. 113,
    directed the Secretary of the Interior to conduct a full and
    complete investigation and study of the feasibility of all methods
    of financing the cost of preventing, controlling, and abating water
    pollution, other than methods authorized by existing law, with
    results of such investigation and study to be reported to Congress
    no later than Dec. 31, 1970, together with the recommendations of
    the Secretary for financing the programs for preventing,
    controlling, and abating water pollution for the fiscal years
    beginning after fiscal year 1971, including any necessary
    legislation.
                      TERMINATION OF ADVISORY BOARDS
      Advisory boards in existence on Jan. 5, 1973, to terminate not
    later than the expiration of the 2-year period following Jan. 5,
    1973, unless, in the case of a board established by the President
    or an officer of the Federal Government, such board is renewed by
    appropriate action prior to the expiration of such 2-year period,
    or in the case of a board established by the Congress, its duration
    is otherwise provided by law, see sections 3(2) and 14 of Pub. L.
    92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to
    Title 5, Government Organization and Employees.
-End-
-CITE-
    33 USC Sec. 1375a                                           01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
    Sec. 1375a. Report on coastal recreation waters
-STATUTE-
    (a) In general
      Not later than 4 years after October 10, 2000, and every 4 years
    thereafter, the Administrator of the Environmental Protection
    Agency shall submit to Congress a report that includes -
        (1) recommendations concerning the need for additional water
      quality criteria for pathogens and pathogen indicators and other
      actions that should be taken to improve the quality of coastal
      recreation waters;
        (2) an evaluation of Federal, State, and local efforts to
      implement this Act, including the amendments made by this Act;
      and
        (3) recommendations on improvements to methodologies and
      techniques for monitoring of coastal recreation waters.
    (b) Coordination
      The Administrator of the Environmental Protection Agency may
    coordinate the report under this section with other reporting
    requirements under the Federal Water Pollution Control Act (33
    U.S.C. 1251 et seq.).
-SOURCE-
    (Pub. L. 106-284, Sec. 7, Oct. 10, 2000, 114 Stat. 876.)
-REFTEXT-
                            REFERENCES IN TEXT
      This Act, referred to in subsec. (a)(2), is Pub. L. 106-284, Oct.
    10, 2000, 114 Stat. 870, known as the Beaches Environmental
    Assessment and Coastal Health Act of 2000. For complete
    classification of this Act to the Code, see Short Title of 2000
    Amendment note set out under section 1251 of this title and Tables.
      The Federal Water Pollution Control Act, referred to in subsec.
    (b), is act June 30, 1948, ch. 758, as amended generally by Pub. L.
    92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified
    generally to this chapter. For complete classification of this Act
    to the Code, see Short Title note set out under section 1251 of
    this title and Tables.
-COD-
                               CODIFICATION
      Section was enacted as part of the Beaches Environmental
    Assessment and Coastal Health Act of 2000, and not as part of the
    Federal Water Pollution Control Act which comprises this chapter.
-End-
-CITE-
    33 USC Sec. 1376                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
    Sec. 1376. Authorization of appropriations
-STATUTE-
      There are authorized to be appropriated to carry out this
    chapter, other than sections 1254, 1255, 1256(a), 1257, 1258, 1262,
    1263, 1264, 1265, 1286, 1287, 1288(f) and (h), 1289, 1314, 1321(c),
    (d), (i), (l), and (k),(!1) 1324, 1325, and 1327 of this title,
    $250,000,000 for the fiscal year ending June 30, 1973, $300,000,000
    for the fiscal year ending June 30, 1974, $350,000,000 for the
    fiscal year ending June 30, 1975, $100,000,000 for the fiscal year
    ending September 30, 1977, $150,000,000 for the fiscal year ending
    September 30, 1978, $150,000,000 for the fiscal year ending
    September 30, 1979, $150,000,000 for the fiscal year ending
    September 30, 1980, $150,000,000 for the fiscal year ending
    September 30, 1981, $161,000,000 for the fiscal year ending
    September 30, 1982, such sums as may be necessary for fiscal years
    1983 through 1985, and $135,000,000 per fiscal year for each of the
    fiscal years 1986 through 1990.
-SOURCE-
    (June 30, 1948, ch. 758, title V, Sec. 517, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 896; amended Pub. L. 95-217,
    Sec. 4(g), Dec. 27, 1977, 91 Stat. 1567; Pub. L. 96-483, Sec. 1(g),
    Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100-4, title I, Sec. 101(h),
    Feb. 4, 1987, 101 Stat. 9.)
-REFTEXT-
                            REFERENCES IN TEXT
      Section 1321(k) of this title, referred to in text, was repealed
    by Pub. L. 101-380, title II, Sec. 2002(b)(2), Aug. 18, 1990, 104
    Stat. 507.
-MISC1-
                                AMENDMENTS
      1987 - Pub. L. 100-4 struck out "and" after "1981," and inserted
    ", such sums as may be necessary for fiscal years 1983 through
    1985, and $135,000,000 per fiscal year for each of the fiscal years
    1986 through 1990" after "1982".
      1980 - Pub. L. 96-483 inserted authorization of $150,000,000 for
    fiscal year ending Sept. 30, 1981 and $161,000,000 for fiscal year
    ending Sept. 30, 1982.
      1977 - Pub. L. 95-217 substituted "$350,000,000 for the fiscal
    year ending June 30, 1975, $100,000,000 for the fiscal year ending
    September 30, 1977, $150,000,000 for the fiscal year ending
    September 30, 1978, $150,000,000 for the fiscal year ending
    September 30, 1979, and $150,000,000 for the fiscal year ending
    September 30, 1980" for "and $350,000,000 for the fiscal year
    ending June 30, 1975".
     AUTHORIZATION APPROVAL FOR FUNDS APPROPRIATED BEFORE DECEMBER 27,
      1977, FOR EXPENDITURES THROUGH FISCAL YEAR ENDING SEPTEMBER 30,
                                   1977
      Section 3 of Pub. L. 95-217 provided that funds appropriated
    before Dec. 27, 1977 for expenditure during the fiscal year ending
    June 30, 1976, the transition quarter ending September 30, 1976,
    and the fiscal year ending September 30, 1977, under authority of
    this chapter were authorized for those purposes for which
    appropriated.
-FOOTNOTE-
    (!1) See References in Text note below.
-End-
-CITE-
    33 USC Sec. 1377                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER V - GENERAL PROVISIONS
-HEAD-
    Sec. 1377. Indian tribes
-STATUTE-
    (a) Policy
      Nothing in this section shall be construed to affect the
    application of section 1251(g) of this title, and all of the
    provisions of this section shall be carried out in accordance with
    the provisions of such section 1251(g) of this title. Indian tribes
    shall be treated as States for purposes of such section 1251(g) of
    this title.
    (b) Assessment of sewage treatment needs; report
      The Administrator, in cooperation with the Director of the Indian
    Health Service, shall assess the need for sewage treatment works to
    serve Indian tribes, the degree to which such needs will be met
    through funds allotted to States under section 1285 of this title
    and priority lists under section 1296 of this title, and any
    obstacles which prevent such needs from being met. Not later than
    one year after February 4, 1987, the Administrator shall submit a
    report to Congress on the assessment under this subsection, along
    with recommendations specifying (1) how the Administrator intends
    to provide assistance to Indian tribes to develop waste treatment
    management plans and to construct treatment works under this
    chapter, and (2) methods by which the participation in and
    administration of programs under this chapter by Indian tribes can
    be maximized.
    (c) Reservation of funds
      The Administrator shall reserve each fiscal year beginning after
    September 30, 1986, before allotments to the States under section
    1285(e) of this title, one-half of one percent of the sums
    appropriated under section 1287 of this title. Sums reserved under
    this subsection shall be available only for grants for the
    development of waste treatment management plans and for the
    construction of sewage treatment works to serve Indian tribes, as
    defined in subsection (h) of this section and former Indian
    reservations in Oklahoma (as determined by the Secretary of the
    Interior) and Alaska Native Villages as defined in Public Law 92-
    203 [43 U.S.C. 1601 et seq.].
    (d) Cooperative agreements
      In order to ensure the consistent implementation of the
    requirements of this chapter, an Indian tribe and the State or
    States in which the lands of such tribe are located may enter into
    a cooperative agreement, subject to the review and approval of the
    Administrator, to jointly plan and administer the requirements of
    this chapter.
    (e) Treatment as States
      The Administrator is authorized to treat an Indian tribe as a
    State for purposes of subchapter II of this chapter and sections
    1254, 1256, 1313, 1315, 1318, 1319, 1324, 1329, 1341, 1342, 1344,
    and 1346 of this title to the degree necessary to carry out the
    objectives of this section, but only if -
        (1) the Indian tribe has a governing body carrying out
      substantial governmental duties and powers;
        (2) the functions to be exercised by the Indian tribe pertain
      to the management and protection of water resources which are
      held by an Indian tribe, held by the United States in trust for
      Indians, held by a member of an Indian tribe if such property
      interest is subject to a trust restriction on alienation, or
      otherwise within the borders of an Indian reservation; and
        (3) the Indian tribe is reasonably expected to be capable, in
      the Administrator's judgment, of carrying out the functions to be
      exercised in a manner consistent with the terms and purposes of
      this chapter and of all applicable regulations.
    Such treatment as a State may include the direct provision of funds
    reserved under subsection (c) of this section to the governing
    bodies of Indian tribes, and the determination of priorities by
    Indian tribes, where not determined by the Administrator in
    cooperation with the Director of the Indian Health Service. The
    Administrator, in cooperation with the Director of the Indian
    Health Service, is authorized to make grants under subchapter II of
    this chapter in an amount not to exceed 100 percent of the cost of
    a project. Not later than 18 months after February 4, 1987, the
    Administrator shall, in consultation with Indian tribes, promulgate
    final regulations which specify how Indian tribes shall be treated
    as States for purposes of this chapter. The Administrator shall, in
    promulgating such regulations, consult affected States sharing
    common water bodies and provide a mechanism for the resolution of
    any unreasonable consequences that may arise as a result of
    differing water quality standards that may be set by States and
    Indian tribes located on common bodies of water. Such mechanism
    shall provide for explicit consideration of relevant factors
    including, but not limited to, the effects of differing water
    quality permit requirements on upstream and downstream dischargers,
    economic impacts, and present and historical uses and quality of
    the waters subject to such standards. Such mechanism should provide
    for the avoidance of such unreasonable consequences in a manner
    consistent with the objective of this chapter.
    (f) Grants for nonpoint source programs
      The Administrator shall make grants to an Indian tribe under
    section 1329 of this title as though such tribe was a State. Not
    more than one-third of one percent of the amount appropriated for
    any fiscal year under section 1329 of this title may be used to
    make grants under this subsection. In addition to the requirements
    of section 1329 of this title, an Indian tribe shall be required to
    meet the requirements of paragraphs (1), (2), and (3) of subsection
    (d) (!1) of this section in order to receive such a grant.
    (g) Alaska Native organizations
      No provision of this chapter shall be construed to -
        (1) grant, enlarge, or diminish, or in any way affect the scope
      of the governmental authority, if any, of any Alaska Native
      organization, including any federally-recognized tribe,
      traditional Alaska Native council, or Native council organized
      pursuant to the Act of June 18, 1934 (48 Stat. 987), over lands
      or persons in Alaska;
        (2) create or validate any assertion by such organization or
      any form of governmental authority over lands or persons in
      Alaska; or
        (3) in any way affect any assertion that Indian country, as
      defined in section 1151 of title 18, exists or does not exist in
      Alaska.
    (h) Definitions
      For purposes of this section, the term -
        (1) "Federal Indian reservation" means all land within the
      limits of any Indian reservation under the jurisdiction of the
      United States Government, notwithstanding the issuance of any
      patent, and including rights-of-way running through the
      reservation; and
        (2) "Indian tribe" means any Indian tribe, band, group, or
      community recognized by the Secretary of the Interior and
      exercising governmental authority over a Federal Indian
      reservation.
-SOURCE-
    (June 30, 1948, ch. 758, title V, Sec. 518, as added Pub. L. 100-4,
    title V, Sec. 506, Feb. 4, 1987, 101 Stat. 76; amended Pub. L. 100-
    581, title II, Sec. 207, Nov. 1, 1988, 102 Stat. 2940; Pub. L. 106-
    284, Sec. 6, Oct. 10, 2000, 114 Stat. 876.)
-REFTEXT-
                            REFERENCES IN TEXT
      Public Law 92-203, referred to in subsec. (c), is Pub. L. 92-203,
    Dec. 18, 1971, 85 Stat. 688, as amended, known as the Alaska Native
    Claims Settlement Act, which is classified generally to chapter 33
    (Sec. 1601 et seq.) of Title 43, Public Lands. The term "Alaska
    Native Villages" is defined in section 3 of Pub. L. 92-203 which is
    classified to section 1602 of Title 43. For complete classification
    of this Act to the Code, see Short Title note set out under section
    1601 of Title 43 and Tables.
      Act of June 18, 1934 (48 Stat. 987), referred to in subsec.
    (g)(1), is act June 18, 1934, ch. 576, 48 Stat. 984, as amended,
    popularly known as the Indian Reorganization Act, which enacted
    sections 461, 462, 463, 464, 465, 466 to 470, 471, 472, 473, 474,
    475, 476 to 478, and 479 of Title 25, Indians. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 461 of Title 25 and Tables.
-MISC1-
                             PRIOR PROVISIONS
      A prior section 518 of act June 30, 1948, was renumbered section
    519 and is set out as a note under section 1251 of this title.
                                AMENDMENTS
      2000 - Subsec. (e). Pub. L. 106-284 substituted "1344, and 1346
    of this title" for "and 1344 of this title" in introductory
    provisions.
      1988 - Subsec. (c). Pub. L. 100-581 inserted ", as defined in
    subsection (h) of this section and former Indian reservations in
    Oklahoma (as determined by the Secretary of the Interior) and
    Alaska Native Villages as defined in Public Law 92-203" before
    period at end.
     GRANTS FOR CONSTRUCTION OF WATER FACILITIES AND FOR WATER QUALITY
                                PROTECTION
      Pub. L. 109-54, title II, Aug. 2, 2005, 119 Stat. 530, provided
    in part: "That, notwithstanding this or any other appropriations
    Act, heretofore and hereafter, after consultation with the House
    and Senate Committees on Appropriations and for the purpose of
    making technical corrections, the Administrator is authorized to
    award grants under this heading [State and Tribal Assistance
    Grants] to entities and for purposes other than those listed in the
    joint explanatory statements of the managers accompanying the
    Agency's appropriations Acts for the construction of drinking
    water, wastewater and stormwater infrastructure and for water
    quality protection."
                          GRANTS TO INDIAN TRIBES
      Pub. L. 109-54, title II, Aug. 2, 2005, 119 Stat. 530, provided
    in part: "That for fiscal year 2006, and notwithstanding section
    518(f) of the Act [Federal Water Pollution Control Act, 33 U.S.C.
    1377(f)], the Administrator is authorized to use the amounts
    appropriated for any fiscal year under section 319 of that Act [33
    U.S.C. 1329] to make grants to Indian tribes pursuant to sections
    319(h) and 518(e) of that Act".
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 108-447, div. I, title III, Dec. 8, 2004, 118 Stat. 3330.
      Pub. L. 108-199, div. G, title III, Jan. 23, 2004, 118 Stat. 406.
      Pub. L. 108-7, div. K, title III, Feb. 20, 2003, 117 Stat. 512.
      Pub. L. 107-73, title III, Nov. 26, 2001, 115 Stat. 685.
      Pub. L. 106-377, Sec. 1(a)(1) [title III], Oct. 27, 2000, 114
    Stat. 1441, 1441A-43.
      Pub. L. 106-74, title III, Oct. 20, 1999, 113 Stat. 1083.
-FOOTNOTE-
    (!1) So in original. Probably should be subsection "(e)".
-End-
-CITE-
    33 USC SUBCHAPTER VI - STATE WATER POLLUTION CONTROL
           REVOLVING FUNDS                                 01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS
-HEAD-
       SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS
-End-
-CITE-
    33 USC Sec. 1381                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS
-HEAD-
    Sec. 1381. Grants to States for establishment of revolving funds
-STATUTE-
    (a) General authority
      Subject to the provisions of this subchapter, the Administrator
    shall make capitalization grants to each State for the purpose of
    establishing a water pollution control revolving fund for providing
    assistance (1) for construction of treatment works (as defined in
    section 1292 of this title) which are publicly owned, (2) for
    implementing a management program under section 1329 of this title,
    and (3) for developing and implementing a conservation and
    management plan under section 1330 of this title.
    (b) Schedule of grant payments
      The Administrator and each State shall jointly establish a
    schedule of payments under which the Administrator will pay to the
    State the amount of each grant to be made to the State under this
    subchapter. Such schedule shall be based on the State's intended
    use plan under section 1386(c) of this title, except that -
        (1) such payments shall be made in quarterly installments, and
        (2) such payments shall be made as expeditiously as possible,
      but in no event later than the earlier of -
          (A) 8 quarters after the date such funds were obligated by
        the State, or
          (B) 12 quarters after the date such funds were allotted to
        the State.
-SOURCE-
    (June 30, 1948, ch. 758, title VI, Sec. 601, as added Pub. L. 100-
    4, title II, Sec. 212(a), Feb. 4, 1987, 101 Stat. 22.)
-End-
-CITE-
    33 USC Sec. 1382                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS
-HEAD-
    Sec. 1382. Capitalization grant agreements
-STATUTE-
    (a) General rule
      To receive a capitalization grant with funds made available under
    this subchapter and section 1285(m) of this title, a State shall
    enter into an agreement with the Administrator which shall include
    but not be limited to the specifications set forth in subsection
    (b) of this section.
    (b) Specific requirements
      The Administrator shall enter into an agreement under this
    section with a State only after the State has established to the
    satisfaction of the Administrator that -
        (1) the State will accept grant payments with funds to be made
      available under this subchapter and section 1285(m) of this title
      in accordance with a payment schedule established jointly by the
      Administrator under section 1381(b) of this title and will
      deposit all such payments in the water pollution control
      revolving fund established by the State in accordance with this
      subchapter;
        (2) the State will deposit in the fund from State moneys an
      amount equal to at least 20 percent of the total amount of all
      capitalization grants which will be made to the State with funds
      to be made available under this subchapter and section 1285(m) of
      this title on or before the date on which each quarterly grant
      payment will be made to the State under this subchapter;
        (3) the State will enter into binding commitments to provide
      assistance in accordance with the requirements of this subchapter
      in an amount equal to 120 percent of the amount of each such
      grant payment within 1 year after the receipt of such grant
      payment;
        (4) all funds in the fund will be expended in an expeditious
      and timely manner;
        (5) all funds in the fund as a result of capitalization grants
      under this subchapter and section 1285(m) of this title will
      first be used to assure maintenance of progress, as determined by
      the Governor of the State, toward compliance with enforceable
      deadlines, goals, and requirements of this chapter, including the
      municipal compliance deadline;
        (6) treatment works eligible under section 1383(c)(1) of this
      title which will be constructed in whole or in part before fiscal
      year 1995 with funds directly made available by capitalization
      grants under this subchapter and section 1285(m) of this title
      will meet the requirements of, or otherwise be treated (as
      determined by the Governor of the State) under sections 1281(b),
      1281(g)(1), 1281(g)(2), 1281(g)(3), 1281(g)(5), 1281(g)(6),
      1281(n)(1), 1281(o), 1284(a)(1), 1284(a)(2), 1284(b)(1),
      1284(d)(2), 1291, 1298, 1371(c)(1), and 1372 of this title in the
      same manner as treatment works constructed with assistance under
      subchapter II of this chapter;
        (7) in addition to complying with the requirements of this
      subchapter, the State will commit or expend each quarterly grant
      payment which it will receive under this subchapter in accordance
      with laws and procedures applicable to the commitment or
      expenditure of revenues of the State;
        (8) in carrying out the requirements of section 1386 of this
      title, the State will use accounting, audit, and fiscal
      procedures conforming to generally accepted government accounting
      standards;
        (9) the State will require as a condition of making a loan or
      providing other assistance, as described in section 1383(d) of
      this title, from the fund that the recipient of such assistance
      will maintain project accounts in accordance with generally
      accepted government accounting standards; and
        (10) the State will make annual reports to the Administrator on
      the actual use of funds in accordance with section 1386(d) of
      this title.
-SOURCE-
    (June 30, 1948, ch. 758, title VI, Sec. 602, as added Pub. L. 100-
    4, title II, Sec. 212(a), Feb. 4, 1987, 101 Stat. 22.)
-End-
-CITE-
    33 USC Sec. 1383                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS
-HEAD-
    Sec. 1383. Water pollution control revolving loan funds
-STATUTE-
    (a) Requirements for obligation of grant funds
      Before a State may receive a capitalization grant with funds made
    available under this subchapter and section 1285(m) of this title,
    the State shall first establish a water pollution control revolving
    fund which complies with the requirements of this section.
    (b) Administration
      Each State water pollution control revolving fund shall be
    administered by an instrumentality of the State with such powers
    and limitations as may be required to operate such fund in
    accordance with the requirements and objectives of this chapter.
    (c) Projects eligible for assistance
      The amounts of funds available to each State water pollution
    control revolving fund shall be used only for providing financial
    assistance (1) to any municipality, intermunicipal, interstate, or
    State agency for construction of publicly owned treatment works (as
    defined in section 1292 of this title), (2) for the implementation
    of a management program established under section 1329 of this
    title, and (3) for development and implementation of a conservation
    and management plan under section 1330 of this title. The fund
    shall be established, maintained, and credited with repayments, and
    the fund balance shall be available in perpetuity for providing
    such financial assistance.
    (d) Types of assistance
      Except as otherwise limited by State law, a water pollution
    control revolving fund of a State under this section may be used
    only -
        (1) to make loans, on the condition that -
          (A) such loans are made at or below market interest rates,
        including interest free loans, at terms not to exceed 20 years;
          (B) annual principal and interest payments will commence not
        later than 1 year after completion of any project and all loans
        will be fully amortized not later than 20 years after project
        completion;
          (C) the recipient of a loan will establish a dedicated source
        of revenue for repayment of loans; and
          (D) the fund will be credited with all payments of principal
        and interest on all loans;
        (2) to buy or refinance the debt obligation of municipalities
      and intermunicipal and interstate agencies within the State at or
      below market rates, where such debt obligations were incurred
      after March 7, 1985;
        (3) to guarantee, or purchase insurance for, local obligations
      where such action would improve credit market access or reduce
      interest rates;
        (4) as a source of revenue or security for the payment of
      principal and interest on revenue or general obligation bonds
      issued by the State if the proceeds of the sale of such bonds
      will be deposited in the fund;
        (5) to provide loan guarantees for similar revolving funds
      established by municipalities or intermunicipal agencies;
        (6) to earn interest on fund accounts; and
        (7) for the reasonable costs of administering the fund and
      conducting activities under this subchapter, except that such
      amounts shall not exceed 4 percent of all grant awards to such
      fund under this subchapter.
    (e) Limitation to prevent double benefits
      If a State makes, from its water pollution revolving fund, a loan
    which will finance the cost of facility planning and the
    preparation of plans, specifications, and estimates for
    construction of publicly owned treatment works, the State shall
    ensure that if the recipient of such loan receives a grant under
    section 1281(g) of this title for construction of such treatment
    works and an allowance under section 1281(l)(1) of this title for
    non-Federal funds expended for such planning and preparation, such
    recipient will promptly repay such loan to the extent of such
    allowance.
    (f) Consistency with planning requirements
      A State may provide financial assistance from its water pollution
    control revolving fund only with respect to a project which is
    consistent with plans, if any, developed under sections 1285(j),
    1288, 1313(e), 1329, and 1330 of this title.
    (g) Priority list requirement
      The State may provide financial assistance from its water
    pollution control revolving fund only with respect to a project for
    construction of a treatment works described in subsection (c)(1) of
    this section if such project is on the State's priority list under
    section 1296 of this title. Such assistance may be provided
    regardless of the rank of such project on such list.
    (h) Eligibility of non-Federal share of construction grant projects
      A State water pollution control revolving fund may provide
    assistance (other than under subsection (d)(1) of this section) to
    a municipality or intermunicipal or interstate agency with respect
    to the non-Federal share of the costs of a treatment works project
    for which such municipality or agency is receiving assistance from
    the Administrator under any other authority only if such assistance
    is necessary to allow such project to proceed.
-SOURCE-
    (June 30, 1948, ch. 758, title VI, Sec. 603, as added Pub. L. 100-
    4, title II, Sec. 212(a), Feb. 4, 1987, 101 Stat. 23.)
-End-
-CITE-
    33 USC Sec. 1384                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS
-HEAD-
    Sec. 1384. Allotment of funds
-STATUTE-
    (a) Formula
      Sums authorized to be appropriated to carry out this section for
    each of fiscal years 1989 and 1990 shall be allotted by the
    Administrator in accordance with section 1285(c) of this title.
    (b) Reservation of funds for planning
      Each State shall reserve each fiscal year 1 percent of the sums
    allotted to such State under this section for such fiscal year, or
    $100,000, whichever amount is greater, to carry out planning under
    sections 1285(j) and 1313(e) of this title.
    (c) Allotment period
      (1) Period of availability for grant award
        Sums allotted to a State under this section for a fiscal year
      shall be available for obligation by the State during the fiscal
      year for which sums are authorized and during the following
      fiscal year.
      (2) Reallotment of unobligated funds
        The amount of any allotment not obligated by the State by the
      last day of the 2-year period of availability established by
      paragraph (1) shall be immediately reallotted by the
      Administrator on the basis of the same ratio as is applicable to
      sums allotted under subchapter II of this chapter for the second
      fiscal year of such 2-year period. None of the funds reallotted
      by the Administrator shall be reallotted to any State which has
      not obligated all sums allotted to such State in the first fiscal
      year of such 2-year period.
-SOURCE-
    (June 30, 1948, ch. 758, title VI, Sec. 604, as added Pub. L. 100-
    4, title II, Sec. 212(a), Feb. 4, 1987, 101 Stat. 25.)
-MISC1-
         USE OF CAPITALIZATION GRANT FUNDS FOR CONSTRUCTION GRANTS
      Pub. L. 101-144, title III, Nov. 9, 1989, 103 Stat. 858, as
    amended by Pub. L. 101-302, title II, May 25, 1990, 104 Stat. 238,
    provided: "That, notwithstanding any other provision of law, sums
    heretofore, herein or hereafter appropriated under this heading
    ["Environmental Protection Agency" and "construction grants"]
    allotted for title VI [33 U.S.C. 1381 et seq.] capitalization
    grants to American Samoa, Commonwealth of the Northern Mariana
    Islands, Guam, the Republic of Palau (or its successor entity),
    Virgin Islands and the District of Columbia, may be used for title
    II [33 U.S.C. 1281 et seq.] construction grants at the request of
    the chief executive of each of the above named entities, and sums
    appropriated in fiscal year 1989 shall remain available for
    obligation until September 30, 1992."
-End-
-CITE-
    33 USC Sec. 1385                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS
-HEAD-
    Sec. 1385. Corrective action
-STATUTE-
    (a) Notification of noncompliance
      If the Administrator determines that a State has not complied
    with its agreement with the Administrator under section 1382 of
    this title or any other requirement of this subchapter, the
    Administrator shall notify the State of such noncompliance and the
    necessary corrective action.
    (b) Withholding of payments
      If a State does not take corrective action within 60 days after
    the date a State receives notification of such action under
    subsection (a) of this section, the Administrator shall withhold
    additional payments to the State until the Administrator is
    satisfied that the State has taken the necessary corrective action.
    (c) Reallotment of withheld payments
      If the Administrator is not satisfied that adequate corrective
    actions have been taken by the State within 12 months after the
    State is notified of such actions under subsection (a) of this
    section, the payments withheld from the State by the Administrator
    under subsection (b) of this section shall be made available for
    reallotment in accordance with the most recent formula for
    allotment of funds under this subchapter.
-SOURCE-
    (June 30, 1948, ch. 758, title VI, Sec. 605, as added Pub. L. 100-
    4, title II, Sec. 212(a), Feb. 4, 1987, 101 Stat. 25.)
-End-
-CITE-
    33 USC Sec. 1386                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS
-HEAD-
    Sec. 1386. Audits, reports, and fiscal controls; intended use plan
-STATUTE-
    (a) Fiscal control and auditing procedures
      Each State electing to establish a water pollution control
    revolving fund under this subchapter shall establish fiscal
    controls and accounting procedures sufficient to assure proper
    accounting during appropriate accounting periods for -
        (1) payments received by the fund;
        (2) disbursements made by the fund; and
        (3) fund balances at the beginning and end of the accounting
      period.
    (b) Annual Federal audits
      The Administrator shall, at least on an annual basis, conduct or
    require each State to have independently conducted reviews and
    audits as may be deemed necessary or appropriate by the
    Administrator to carry out the objectives of this section. Audits
    of the use of funds deposited in the water pollution revolving fund
    established by such State shall be conducted in accordance with the
    auditing procedures of the Government Accountability Office,
    including chapter 75 of title 31.
    (c) Intended use plan
      After providing for public comment and review, each State shall
    annually prepare a plan identifying the intended uses of the
    amounts available to its water pollution control revolving fund.
    Such intended use plan shall include, but not be limited to -
        (1) a list of those projects for construction of publicly owned
      treatment works on the State's priority list developed pursuant
      to section 1296 of this title and a list of activities eligible
      for assistance under sections 1329 and 1330 of this title;
        (2) a description of the short- and long-term goals and
      objectives of its water pollution control revolving fund;
        (3) information on the activities to be supported, including a
      description of project categories, discharge requirements under
      subchapters III and IV of this chapter, terms of financial
      assistance, and communities served;
        (4) assurances and specific proposals for meeting the
      requirements of paragraphs (3), (4), (5), and (6) of section
      1382(b) of this title; and
        (5) the criteria and method established for the distribution of
      funds.
    (d) Annual report
      Beginning the first fiscal year after the receipt of payments
    under this subchapter, the State shall provide an annual report to
    the Administrator describing how the State has met the goals and
    objectives for the previous fiscal year as identified in the plan
    prepared for the previous fiscal year pursuant to subsection (c) of
    this section, including identification of loan recipients, loan
    amounts, and loan terms and similar details on other forms of
    financial assistance provided from the water pollution control
    revolving fund.
    (e) Annual Federal oversight review
      The Administrator shall conduct an annual oversight review of
    each State plan prepared under subsection (c) of this section, each
    State report prepared under subsection (d) of this section, and
    other such materials as are considered necessary and appropriate in
    carrying out the purposes of this subchapter. After reasonable
    notice by the Administrator to the State or the recipient of a loan
    from a water pollution control revolving fund, the State or loan
    recipient shall make available to the Administrator such records as
    the Administrator reasonably requires to review and determine
    compliance with this subchapter.
    (f) Applicability of subchapter II provisions
      Except to the extent provided in this subchapter, the provisions
    of subchapter II of this chapter shall not apply to grants under
    this subchapter.
-SOURCE-
    (June 30, 1948, ch. 758, title VI, Sec. 606, as added Pub. L. 100-
    4, title II, Sec. 212(a), Feb. 4, 1987, 101 Stat. 25; amended Pub.
    L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)
-MISC1-
                                AMENDMENTS
      2004 - Subsec. (b). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
-End-
-CITE-
    33 USC Sec. 1387                                            01/03/2007
-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS
-HEAD-
    Sec. 1387. Authorization of appropriations
-STATUTE-
      There is authorized to be appropriated to carry out the purposes
    of this subchapter the following sums:
        (1) $1,200,000,000 per fiscal year for each of fiscal years
      1989 and 1990;
        (2) $2,400,000,000 for fiscal year 1991;
        (3) $1,800,000,000 for fiscal year 1992;
        (4) $1,200,000,000 for fiscal year 1993; and
        (5) $600,000,000 for fiscal year 1994.
-SOURCE-
    (June 30, 1948, ch. 758, title VI, Sec. 607, as added Pub. L. 100-
    4, title II, Sec. 212(a), Feb. 4, 1987, 101 Stat. 26.)
-End-