dreamproit/uscode huggingface dataset:
33 U.S.C. § 1384 (NAVIGATION AND NAVIGABLE WATERS)
§ 1384. Allotment of funds
(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.
(June 30, 1948, ch. 758, title VI, § 604, as added Pub. L. 100–4, title II, § 212(a), Feb. 4, 1987, 101 Stat. 25.)
heading: Statutory Notes and Related Subsidiaries
heading: Use of Capitalization Grant Funds for Construction Grants
text: 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.”
33 U.S.C. § 1388 (NAVIGATION AND NAVIGABLE WATERS)
§ 1388. Requirements
(a) In general
Funds made available from a State water pollution control revolving fund established under this subchapter may not be used for a project for the construction, alteration, maintenance, or repair of treatment works unless all of the iron and steel products used in the project are produced in the United States.
(b) Definition of iron and steel products
In this section, the term “iron and steel products” means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, construction materials.
(c) Application
Subsection (a) shall not apply in any case or category of cases in which the Administrator finds that—
(1) applying subsection (a) would be inconsistent with the public interest;
(2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.
(d) Waiver
If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public, on an informal basis, a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet site of the Environmental Protection Agency.
(e) International agreements
This section shall be applied in a manner consistent with United States obligations under international agreements.
(f) Management and oversight
The Administrator may retain up to 0.25 percent of the funds appropriated for this subchapter for management and oversight of the requirements of this section.
(g) Effective date
This section does not apply with respect to a project if a State agency approves the engineering plans and specifications for the project, in that agency’s capacity to approve such plans and specifications prior to a project requesting bids, prior to June 10, 2014.
(June 30, 1948, ch. 758, title VI, § 608, as added Pub. L. 113–121, title V, § 5004, June 10, 2014, 128 Stat. 1326.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 2014, see section 5006 of Pub. L. 113–121, set out as an Effective Date of 2014 Amendment note under section 1381 of this title.
33 U.S.C. § 1412a (NAVIGATION AND NAVIGABLE WATERS)
§ 1412a. Emergency dumping of industrial waste
(a) Issuance of emergency permits
Notwithstanding section 104B of the Marine Protection, Research, and Sanctuaries Act of 1972 [33 U.S.C. 1414b], after December 31, 1981, the Administrator may issue emergency permits under title I of such Act [33 U.S.C. 1411 et seq.] for the dumping of industrial waste into ocean waters, or into waters described in such section 101(b) [33 U.S.C. 1411(b)], if the Administrator determines that there has been demonstrated to exist an emergency, requiring the dumping of such waste, which poses an unacceptable risk relating to human health and admits of no other feasible solution. As used herein, “emergency” refers to situations requiring action with a marked degree of urgency.
(b) “Industrial waste” defined
For purposes of this section, the term “industrial waste” means any solid, semisolid, or liquid waste generated by a manufacturing or processing plant.
(Pub. L. 95–153, § 4, Nov. 4, 1977, 91 Stat. 1255; Pub. L. 96–572, § 2, Dec. 22, 1980, 94 Stat. 3344; Pub. L. 100–688, title I, § 1003(a), Nov. 18, 1988, 102 Stat. 4149.)
heading: Editorial Notes
heading: References in Text
text: The Marine Protection, Research, and Sanctuaries Act of 1972, referred to in subsec. (a), is Pub. L. 92–532, Oct. 23, 1972, 86 Stat. 1052, as amended. Title I of the Act is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 1401 of this title and Tables.
Such section 101(b), referred to in subsec. (b), means section 101(b) of the Marine Protection, Research, and Sanctuaries Act of 1972.
heading: Codification
text: Section was not enacted as part of the Marine Protection, Research, and Sanctuaries Act of 1972 which comprises this chapter.
heading: Amendments
text: 1988—Subsec. (a). Pub. L. 100–688, § 1003(a)(1), (3)–(5), redesignated subsec. (c) as (a), substituted “Notwithstanding section 104B of the Marine Protection, Research, and Sanctuaries Act of 1972 after” for “After”, and “title I of such Act” for “such title I”. Former subsec. (a), which related to cessation of dumping, with exceptions, was struck out.
Subsec. (b). Pub. L. 100–688, § 1003(a)(2), (7), added subsec. (b). Former subsec. (b), which related to issuance of permits for dumping of industrial waste, was struck out.
Subsec. (c). Pub. L. 100–688, § 1003(a)(3), redesignated subsec. (c) as (a).
Subsec. (d). Pub. L. 100–688, § 1003(a)(6), struck out subsec. (d) which related to definitions.
1980—Subsec. (a). Pub. L. 96–572, § 2(1), inserted applicability to industrial waste, exceptions respecting subsecs. (b) and (c) of this section, and conforming changes in phraseology.
Subsec. (b). Pub. L. 96–572, § 2(2), added subsec. (b). Former subsec. (b), defining “sewage sludge”, was struck out.
Subsecs. (c), (d). Pub. L. 96–572, § 2(2), added subsecs. (c) and (d).
33 U.S.C. § 1414a (NAVIGATION AND NAVIGABLE WATERS)
§ 1414a. Special provisions regarding certain dumping sites
(a) New York Bight Apex
(1) For purposes of this subsection—
(A) The term “Apex” means 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.
(B) The term “Apex site” means that site within the Apex at which the dumping of municipal sludge occurred before October 1, 1983.
(C) The term “eligible authority” means any sewerage authority or other unit of State or local government that on November 2, 1983, was authorized under court order to dump municipal sludge at the Apex site.
(2) No person may apply for a permit under this subchapter in relation to the dumping of, or the transportation for purposes of dumping, municipal sludge within the Apex unless that person is an eligible authority.
(3) The Administrator may not issue, or renew, any permit under this subchapter that authorizes the dumping of, or the transportation for purposes of dumping, municipal sludge within the Apex after the earlier of—
(A) December 15, 1987; or
(B) the day determined by the Administrator to be the first day on which municipal sludge generated by eligible authorities can reasonably be dumped at a site designated under section 1412 of this title other than a site within the Apex.
(b) Restriction on use of 106-mile site
The Administrator may not issue or renew any permit under this subchapter which authorizes any person, other than a person that is an eligible authority within the meaning of subsection (a)(1)(C), to dump, or to transport for the purposes of dumping, municipal sludge within the site designated under section 1412(c) of this title by the Administrator and known as the “106-Mile Ocean Waste Dump Site” (as described in 49 F.R. 19005).
(Pub. L. 92–532, title I, § 104A, as added Pub. L. 99–662, title XI, § 1172(b), Nov. 17, 1986, 100 Stat. 4259; Pub. L. 100–4, title V, § 508(b), Feb. 4, 1987, 101 Stat. 79; Pub. L. 100–688, title I, § 1002, Nov. 18, 1988, 102 Stat. 4139.)
heading: Editorial Notes
heading: Amendments
text: 1988—Pub. L. 100–688 repealed the second of two identical sections 104A of Pub. L. 92–532, both classified to this section and enacted by Pub. L. 99–662 and Pub. L. 100–4, thereby involving no change in text.
heading: Statutory Notes and Related Subsidiaries
heading: New York Bight Apex Not Suitable for Dumping
text: Pub. L. 99–662, title XI, § 1172(a), Nov. 17, 1986, 100 Stat. 4259, provided that: “The Congress finds that the New York Bight Apex is no longer a suitable location for the ocean dumping of municipal sludge.”
An identical provision was enacted by Pub. L. 100–4, title V, § 508(a), Feb. 4, 1987, 101 Stat. 79.
33 U.S.C. § 1414c (NAVIGATION AND NAVIGABLE WATERS)
§ 1414c. Prohibition on disposal of sewage sludge at landfills on Staten Island
(a) In general
No person shall dispose of sewage sludge at any landfill located on Staten Island, New York.
(b) Exclusion from penalties
(1) In general
Subject to paragraph (2), a person who violates this section shall not be subject to any penalty under this Act.
(2) Injunction
Paragraph (1) shall not prohibit the bringing of an action for, or the granting of, an injunction under section 1415 of this title with respect to a violation of this section.
(c) “Sewage sludge” defined
For purposes of this section, the term “sewage sludge” has the meaning such term has in section 1414b of this title.
(Pub. L. 92–532, title I, § 104C, as added Pub. L. 100–688, title I, § 1005, Nov. 18, 1988, 102 Stat. 4150.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in subsec. (b)(1), means Pub. L. 92–532, which is classified generally to this chapter, chapter 41 (§ 2801 et seq.) of this title, and chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Conservation.
33 U.S.C. § 1417 (NAVIGATION AND NAVIGABLE WATERS)
§ 1417. Enforcement
(a) Utilization of other departments, agencies, and instrumentalities
The Administrator or the Secretary, as the case may be, may, whenever appropriate, utilize by agreement, the personnel, services and facilities of other Federal departments, agencies, and instrumentalities, or State agencies or instrumentalities, whether on a reimbursable or a nonreimbursable basis, in carrying out his responsibilities under this subchapter.
(b) Delegation of review and evaluation authority
The Administrator or the Secretary may delegate responsibility and authority for reviewing and evaluating permit applications, including the decision as to whether a permit will be issued, to an officer of his agency, or he may delegate, by agreement, such responsibility and authority to the heads of other Federal departments or agencies, whether on a reimbursable or nonreimbursable basis.
(c) Surveillance and other enforcement activity
The Secretary of the department in which the Coast Guard is operating shall conduct surveillance and other appropriate enforcement activity to prevent unlawful transportation of material for dumping, or unlawful dumping. Such enforcement activity shall include, but not be limited to, enforcement of regulations issued by him pursuant to section 1418 of this title, relating to safe transportation, handling, carriage, storage, and stowage. The Secretary of the Department in which the Coast Guard is operating shall supply to the Administrator and to the Attorney General, as appropriate, such information of enforcement activities and such evidentiary material assembled as they may require in carrying out their duties relative to penalty assessments, criminal prosecutions, or other actions involving litigation pursuant to the provisions of this subchapter.
(Pub. L. 92–532, title I, § 107, Oct. 23, 1972, 86 Stat. 1059.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 6 months after Oct. 23, 1972, see section 110(a) of Pub. L. 92–532, set out as a note under section 1411 of this title.
heading: Transfer of Functions
text: 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.
33 U.S.C. § 1418 (NAVIGATION AND NAVIGABLE WATERS)
§ 1418. Regulations
In carrying out the responsibilities and authority conferred by this subchapter, the Administrator, the Secretary, and the Secretary of the department in which the Coast Guard is operating are authorized to issue such regulations as they may deem appropriate.
(Pub. L. 92–532, title I, § 108, Oct. 23, 1972, 86 Stat. 1059.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 6 months after Oct. 23, 1972, see section 110(a) of Pub. L. 92–532, set out as a note under section 1411 of this title.
heading: Transfer of Functions
text: 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.
33 U.S.C. § 1419 (NAVIGATION AND NAVIGABLE WATERS)
§ 1419. International cooperation
The Secretary of State, in consultation with the Administrator, shall seek effective international action and cooperation to insure protection of the marine environment, and may, for this purpose, formulate, present, or support specific proposals in the United Nations and other component international organizations for the development of appropriate international rules and regulations in support of the policy of this Act.
(Pub. L. 92–532, title I, § 109, Oct. 23, 1972, 86 Stat. 1060.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, means Pub. L. 92–532, which is classified generally to this chapter, chapter 41 (§ 2801 et seq.) of this title, and chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Conservation.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 6 months after Oct. 23, 1972, see section 110(a) of Pub. L. 92–532, set out as a note under section 1411 of this title.
33 U.S.C. § 1420 (NAVIGATION AND NAVIGABLE WATERS)
§ 1420. Authorization of appropriations
There are authorized to be appropriated, for purposes of carrying out this subchapter, not to exceed $12,000,000 for fiscal year 1993 and not to exceed $14,000,000 for each of the fiscal years 1994, 1995, 1996, and 1997, to remain available until expended.
(Pub. L. 92–532, title I, § 111, Oct. 23, 1972, 86 Stat. 1060; Pub. L. 93–472, Oct. 26, 1974, 88 Stat. 1430; Pub. L. 94–62, § 1, July 25, 1975, 89 Stat. 303; Pub. L. 94–326, § 1, June 30, 1976, 90 Stat. 725; Pub. L. 95–153, § 1, Nov. 4, 1977, 91 Stat. 1255; Pub. L. 96–572, § 1, Dec. 22, 1980, 94 Stat. 3344; Pub. L. 97–16, June 23, 1981, 95 Stat. 100; Pub. L. 100–536, Oct. 28, 1988, 102 Stat. 2710; Pub. L. 102–580, title V, § 509(a), Oct. 31, 1992, 106 Stat. 4870.)
heading: Editorial Notes
heading: Amendments
text: 1992—Pub. L. 102–580 substituted “for fiscal year 1993 and not to exceed $14,000,000 for each of the fiscal years 1994, 1995, 1996, and 1997, to remain available until expended” for “for each of fiscal years 1989, 1990, and 1991”.
1988—Pub. L. 100–536 amended section generally, substituting provisions authorizing appropriations not to exceed $12,000,000 for each of fiscal years 1989, 1990, and 1991, for provisions authorizing appropriations for fiscal years 1973 to 1982.
1981—Pub. L. 97–16 increased to $4,213,000 from $2,000,000 the authorization of appropriation for fiscal year 1982.
1980—Pub. L. 96–572 inserted provisions authorizing appropriations for fiscal years 1980, 1981, and 1982.
1977—Pub. L. 95–153 inserted provision authorizing appropriations not to exceed $4,800,000 for fiscal year 1978.
1976—Pub. L. 94–326 inserted provision authorizing appropriations not to exceed $4,800,000 for fiscal year 1977.
1975—Pub. L. 94–62 substituted “not to exceed $5,500,000 for each of the fiscal years 1974 and 1975” for “and not to exceed $5,500,000 for fiscal years 1974 and 1975”, and inserted provisions authorizing appropriation of an amount not to exceed $5,300,000 for fiscal year 1976, and not to exceed $1,325,000 for the transition period (July 1 through Sept. 30, 1976).
1974—Pub. L. 93–472 substituted “fiscal years 1974 and 1975,” for “fiscal year 1974,”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective 6 months after Oct. 23, 1972, see section 110(a) of Pub. L. 92–532, set out as a note under section 1411 of this title.
33 U.S.C. § 1421 (NAVIGATION AND NAVIGABLE WATERS)
§ 1421. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 92–532, title I, § 112, Oct. 23, 1972, 86 Stat. 1060; Pub. L. 94–326, § 2, June 30, 1976, 90 Stat. 725; Pub. L. 96–470, title II, § 209(f), Oct. 19, 1980, 94 Stat. 2245; Pub. L. 102–580, title V, § 510, Oct. 31, 1992, 106 Stat. 4870, which required the Administrator of the Environmental Protection Agency to report annually to Congress on the administration of this subchapter, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 163 of House Document No. 103–7.
33 U.S.C. § 1441 (NAVIGATION AND NAVIGABLE WATERS)
§ 1441. Monitoring and research program
The Secretary of Commerce, in coordination with the Secretary of the Department in which the Coast Guard is operating and with the Administrator shall, within six months of October 23, 1972, initiate a comprehensive and continuing program of monitoring and research regarding the effects of the dumping of material into ocean waters or other coastal waters where the tide ebbs and flows or into the Great Lakes or their connecting waters.
(Pub. L. 92–532, title II, § 201, Oct. 23, 1972, 86 Stat. 1060; Pub. L. 99–272, title VI, § 6061, Apr. 7, 1986, 100 Stat. 131.)
heading: Editorial Notes
heading: Amendments
text: 1986—Pub. L. 99–272 struck out provision which had required the Secretary of Commerce to report from time to time, not less frequently than annually, his findings under this section (including an evaluation of the short-term ecological effects and the social and economic factors involved) to the Congress.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: 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.
33 U.S.C. § 1444 (NAVIGATION AND NAVIGABLE WATERS)
§ 1444. Annual reports
(a) Report by Secretary of Commerce
In March of each year, the Secretary of Commerce shall report to the Congress on his activities under this subchapter during the previous fiscal year. The report shall include—
(1) the Secretary’s findings made under section 1441 of this title, including an evaluation of the short-term ecological effects and the social and economic factors involved with the dumping;
(2) the results of activities undertaken pursuant to section 1442 of this title;
(3) with the concurrence of the Administrator and after consulting with officials of other appropriate Federal agencies, an identification of the short- and long-term research requirements associated with activities under subchapter I, and a description of how Federal research under this subchapter and subchapter I will meet those requirements; and
(4) activities of the Department of Commerce under section 665 of title 16.
(b) Report by Administrator
In March of each year, the Administrator shall report to the Congress on his activities during the previous fiscal year under section 1443 of this title.
(c) Report by Under Secretary
On October 31 of each year, the Under Secretary shall report to the Congress the specific programs that the National Oceanic and Atmospheric Administration and the Environmental Protection Agency carried out pursuant to this subchapter in the previous fiscal year, specifically listing the amount of funds allocated to those specific programs in the previous fiscal year.
(Pub. L. 92–532, title II, § 204, formerly § 205, as added Pub. L. 96–572, § 5, Dec. 22, 1980, 94 Stat. 3345; renumbered § 204 and amended Pub. L. 99–272, title VI, § 6065, Apr. 7, 1986, 100 Stat. 132; Pub. L. 100–627, title I, § 102, Nov. 7, 1988, 102 Stat. 3213.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 204 of Pub. L. 92–532, which was classified to this section, was renumbered section 205 and is classified to section 1445 of this title.
heading: Amendments
text: 1988—Subsec. (c). Pub. L. 100–627 added subsec. (c).
1986—Pub. L. 99–272 amended section generally. Prior to amendment, section read as follows: “The Administrator of the Environmental Protection Agency is authorized to conduct a study to assist the city of New York in evaluating the technological options available for the removal of heavy metals and other toxic organic materials from the sewage sludge of the city of New York. The study shall also examine options available to reduce the amount of such pollutants entering the sewage system. The study is to be completed by July 1, 1981.”