Text of Clean Water Act, Section 518

The following pages are excerpted from Federal Water Pollution Control Act (As 

Amended Through P.L. 107-303, November 27, 2002), U.S. Senate, 

http://www.epw.senate.gov/water.pdf
Sec. 517 FEDERAL WATER POLLUTION CONTROL ACT 226

trial, and other effluent to attain the water quality objectives as established by this Act 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 oddnumbered 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.

(33 U.S.C. 1375)

GENERAL AUTHORIZATION

SEC. 517. There are authorized to be appropriated to carry out

this Act, other than sections 104, 105, 106(a), 107, 108, 112, 113,

114, 115, 206, 207, 208 (f) and (h), 209, 304, 311 (c), (d), (i), (l), and

(k), 314, 315, and 317, $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.

(33 U.S.C. 1376)

SEC. 518. INDIAN TRIBES.

(a) POLICY.—Nothing in this section shall be construed to affect

the application of section 101(g) of this Act, and all of the provisions of this section shall be carried out in accordance with the provisions of such section 101(g). Indian tribes shall be treated as

States for purposes of such section 101(g).

(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 205 of this Act and

priority lists under section 216 of this Act, and any obstacles which

prevent such needs from being met. Not later than one year after

the date of the enactment of this section, 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 Act, and (2) methods by which the participation

in and administration of programs under this Act 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 205(e), one-half of one percent

of the sums appropriated under section 207. Sums reserved under

this subsection shall be available only for grants for the develoment

of waste treatment management plans and for the construction of

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227 Sec. 518 FEDERAL WATER POLLUTION CONTROL ACT

sewage treatment works to serve Indian tribes, as defined in subsection (h) 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.

(d) COOPERATIVE AGREEMENTS.—In order to ensure the consistent implementation of the requirements of this Act, 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 Act.

(e) TREATMENT AS STATES.—The Administrator is authorized to

treat an Indian tribe as a State for purposes of title II and sections

104, 106, 303, 305, 308, 309, 314, 319, 401, 402, 404, and 406 of

this Act 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 Act and of all applicable regulations.

Such treatment as a State may include the direct provision of

funds reserved under subsection (c) 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 title II of this Act in an amount not to

exceed 100 percent of the cost of a project. Not later than 18

months after the date of the enactment of this section, 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 Act. 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 Act.

(f) GRANTS FOR NONPOINT SOURCE PROGRAMS.—The Administrator shall make grants to an Indian tribe under section 319 of

this Act as though such tribe was a State. Not more than one-third

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Sec. 519 FEDERAL WATER POLLUTION CONTROL ACT 228

1Probably should be subsection (e).

of one percent of the amount appropriated for any fiscal year under

section 319 may be used to make grants under this subsection. In

addition to the requirements of section 319, 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 Act

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, United States Code, 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.

(33 U.S.C. 1377)

SHORT TITLE

SEC. 519. This Act may be cited as the ‘‘Federal Water Pollution Control Act’’ (commonly referred to as the Clean Water Act).

(33 U.S.C. 1251 note)

TITLE VI—STATE WATER POLLUTION CONTROL

REVOLVING FUNDS

SEC. 601. GRANTS TO STATES FOR ESTABLISHMENT OF REVOLVING

FUNDS.

(a) GENERAL AUTHORITY.—Subject to the provisions of this

title, 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 212 of this Act) which are publicly owned, (2) for implementing a management program under

section 319, and (3) for developing and implementing a conservation and management plan under section 320.

(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

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