dreamproit/uscode huggingface dataset:
42 U.S.C. § 4370d (THE PUBLIC HEALTH AND WELFARE)
§ 4370d. Percentage of Federal funding for organizations owned by socially and economically disadvantaged individuals
The Administrator of the Environmental Protection Agency shall, on and after October 6, 1992, to the fullest extent possible, ensure that at least 8 per centum of Federal funding for prime and subcontracts awarded in support of authorized programs, including grants, loans, and contracts for wastewater treatment and leaking underground storage tanks grants, be made available to business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals (within the meaning of section 637(a)(5) and (6) of title 15), including historically black colleges and universities. For purposes of this section, economically and socially disadvantaged individuals shall be deemed to include women.
(Pub. L. 102–389, title III, Oct. 6, 1992, 106 Stat. 1602.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1993, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.
42 U.S.C. § 4370e (THE PUBLIC HEALTH AND WELFARE)
§ 4370e. Working capital fund in Treasury
There is hereby established in the Treasury a “Working capital fund”, to be available without fiscal year limitation for expenses and equipment necessary for the maintenance and operation of such administrative services as the Administrator determines may be performed more advantageously as central services: Provided, That any inventories, equipment, and other assets pertaining to the services to be provided by such fund, either on hand or on order, less the related liabilities or unpaid obligations, and any appropriations made hereafter for the purpose of providing capital, shall be used to capitalize such fund: Provided further, That such fund shall be paid in advance or reimbursed from funds available to the Agency and other Federal agencies for which such centralized services are performed, at rates which will return in full all expenses of operation, including accrued leave, depreciation of fund plant and equipment, amortization of automated data processing (ADP) software and systems (either acquired or donated), and an amount necessary to maintain a reasonable operating reserve, as determined by the Administrator: Provided further, That such fund shall provide services on a competitive basis: Provided further, That an amount not to exceed four percent of the total annual income to such fund may be retained in the fund for fiscal year 1997 and each fiscal year thereafter, to remain available until expended, to be used for the acquisition of capital equipment and for the improvement and implementation of Agency financial management, ADP, and other support systems: Provided further, That no later than thirty days after the end of each fiscal year amounts in excess of this reserve limitation shall be transferred to the Treasury.
(Pub. L. 104–204, title III, Sept. 26, 1996, 110 Stat. 2912; Pub. L. 105–65, title III, Oct. 27, 1997, 111 Stat. 1374; Pub. L. 105–276, title III, Oct. 21, 1998, 112 Stat. 2499.)
heading: Editorial Notes
heading: Codification
text: Section was formerly set out as a note under section 501 of Title 31, Money and Finance.
Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.
heading: Amendments
text: 1998—Pub. L. 105–276, which directed the insertion of “or reimbursed” after “that such fund shall be paid in advance”, was executed by making the insertion after “That such fund shall be paid in advance”, to reflect the probable intent of Congress.
1997—Pub. L. 105–65 substituted “a ‘Working capital fund’ to be available without fiscal year limitation for expenses and equipment” for “a franchise fund pilot to be known as the ‘Working capital fund’, as authorized by section 403 of Public Law 103–356, to be available as provided in such section for expenses and equipment” and struck out proviso at end which read “: Provided further, That such franchise fund pilot shall terminate pursuant to section 403(f) of Public Law 103–356”.
42 U.S.C. § 4370f (THE PUBLIC HEALTH AND WELFARE)
§ 4370f. Availability of funds after expiration of period for liquidating obligations
For fiscal year 2001 and thereafter, the obligated balances of sums available in multiple-year appropriations accounts shall remain available through the seventh fiscal year after their period of availability has expired for liquidating obligations made during the period of availability.
(Pub. L. 106–377, § 1(a)(1) [title III], Oct. 27, 2000, 114 Stat. 1441, 1441A–44.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2001, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.
42 U.S.C. § 4370g (THE PUBLIC HEALTH AND WELFARE)
§ 4370g. Availability of funds for uniforms and certain services
For fiscal year 2009 and thereafter, the Science and Technology and Environmental Programs and Management Accounts are available for uniforms, or allowances therefore, 1 as authorized by sections 5901 and 5902 of title 5 and for services as authorized by section 3109 of title 5, but at rates for individuals not to exceed the daily equivalent of the rate paid for level IV of the Executive Schedule.
(Pub. L. 111–8, div. E, title II, Mar. 11, 2009, 123 Stat. 728.)
heading: Editorial Notes
heading: References in Text
text: Level IV of the Executive Schedule, referred to in text, is set out under section 5315 of Title 5, Government Organization and Employees.
heading: Codification
text: Section was enacted as part of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2009, and also as part of the Omnibus Appropriations Act, 2009, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.
42 U.S.C. § 4370h (THE PUBLIC HEALTH AND WELFARE)
§ 4370h. Availability of funds for facilities
For fiscal year 2009 and thereafter, the Science and Technology, Environmental Programs and Management, Office of Inspector General, Hazardous Substance Superfund, and Leaking Underground Storage Tank Trust Fund Program Accounts, are available for the construction, alteration, repair, rehabilitation, and renovation of facilities provided that the cost does not exceed $85,000 per project.
(Pub. L. 111–8, div. E, title II, Mar. 11, 2009, 123 Stat. 729.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2009, and also as part of the Omnibus Appropriations Act, 2009, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.
42 U.S.C. § 4370i (THE PUBLIC HEALTH AND WELFARE)
§ 4370i. Regional liaisons for minority, tribal, and low-income communities
(a) In general
The Administrator of the Environmental Protection Agency (referred to in this section as the “Administrator”) shall assign at least one employee in each regional office of the Environmental Protection Agency to serve as a liaison to minority, Tribal, and low-income communities in the relevant region.
(b) Public identification
The Administrator shall identify each regional liaison assigned under subsection (a) on the internet website of—
(1) the relevant regional office of the Environmental Protection Agency; and
(2) the Office of Environmental Justice of the Environmental Protection Agency.
(Pub. L. 115–270, title IV, § 4305, Oct. 23, 2018, 132 Stat. 3883.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the America’s Water Infrastructure Act of 2018, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.
42 U.S.C. § 4370j (THE PUBLIC HEALTH AND WELFARE)
§ 4370j. Municipal Ombudsman
(a) Establishment
There is established within the Office of the Administrator an Office of the Municipal Ombudsman, to be headed by a Municipal Ombudsman.
(b) General duties
The duties of the Municipal Ombudsman shall include the provision of—
(1) technical assistance to municipalities seeking to comply with the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.]; and
(2) information to the Administrator to help the Administrator ensure that agency policies are implemented by all offices of the Environmental Protection Agency, including regional offices.
(c) Actions required
The Municipal Ombudsman shall work with appropriate offices at the headquarters and regional offices of the Environmental Protection Agency to ensure that a municipality seeking assistance is provided information regarding—
(1) available Federal financial assistance for which the municipality is eligible;
(2) flexibility available under the Federal Water Pollution Control Act; and
(3) the opportunity to develop an integrated plan under section 402(s) of the Federal Water Pollution Control Act [33 U.S.C. 1342(s)].
(d) Information sharing
The Municipal Ombudsman shall publish on the website of the Environmental Protection Agency—
(1) general information relating to—
(A) the technical assistance referred to in subsection (b)(1);
(B) the financial assistance referred to in subsection (c)(1);
(C) the flexibility referred to in subsection (c)(2); and
(D) any resources developed by the Administrator related to integrated plans under section 402(s) of the Federal Water Pollution Control Act [33 U.S.C. 1342(s)]; and
(2) a copy of each permit, order, or judicial consent decree that implements or incorporates such an integrated plan.
(Pub. L. 115–436, § 4, Jan. 14, 2019, 132 Stat. 5560.)
heading: Editorial Notes
heading: References in Text
text: The Federal Water Pollution Control Act, referred to in subsec. (b)(1), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.
heading: Codification
text: Section was enacted as part of the Water Infrastructure Improvement Act, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: Pub. L. 115–436, § 2, Jan. 14, 2019, 132 Stat. 5558, provided that:
“In this Act [see Short Title of 2019 Amendment note set out under section 1251 of Title 33, Navigation and Navigable Waters]:
“(1) Administrator.—
The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.
“(2) Municipality.—
The term ‘municipality’ has the meaning given that term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362).”
42 U.S.C. § 4370m–3 (THE PUBLIC HEALTH AND WELFARE)
§ 4370m–3. Interstate compacts
(a) In general
The consent of Congress is given for 3 or more contiguous States to enter into an interstate compact establishing regional infrastructure development agencies to facilitate authorization and review of covered projects, under State law or in the exercise of delegated permitting authority described under section 4370m–5 of this title, that will advance infrastructure development, production, and generation within the States that are parties to the compact.
(b) Regional infrastructure
For the purpose of this subchapter, a regional infrastructure development agency referred to in subsection (a) shall have the same authorities and responsibilities of a State agency.
(Pub. L. 114–94, div. D, title XLI, § 41004, Dec. 4, 2015, 129 Stat. 1755.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Fixing America’s Surface Transportation Act, also known as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.
42 U.S.C. § 4370m–5 (THE PUBLIC HEALTH AND WELFARE)
§ 4370m–5. Delegated State permitting programs
(a) In general
If a Federal statute permits a Federal agency to delegate to or otherwise authorize a State to issue or otherwise administer a permit program in lieu of the Federal agency, the Federal agency with authority to carry out the statute shall—
(1) on publication by the Council of best practices under section 4370m–1(c)(2)(B) of this title, initiate a national process, with public participation, to determine whether and the extent to which any of the best practices are generally applicable on a delegation- or authorization-wide basis to permitting under the statute; and
(2) not later than 2 years after December 4, 2015, make model recommendations for State modifications of the applicable permit program to reflect the best practices described in section 4370m–1(c)(2)(B) of this title, as appropriate.
(b) Best practices
Lead and cooperating agencies may share with State, tribal, and local authorities best practices involved in review of covered projects and invite input from State, tribal, and local authorities regarding best practices.
(Pub. L. 114–94, div. D, title XLI, § 41006, Dec. 4, 2015, 129 Stat. 1758.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Fixing America’s Surface Transportation Act, also known as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.
42 U.S.C. § 4370m–7 (THE PUBLIC HEALTH AND WELFARE)
§ 4370m–7. Reports
(a) Report to Congress
(1) In general
Not later than April 15 of each year for 10 years beginning on December 4, 2015, the Executive Director shall submit to Congress a report detailing the progress accomplished under this subchapter during the previous fiscal year.
(2) Contents
The report described in paragraph (1) shall assess the performance of each participating agency and lead agency based on the best practices described in section 4370m–1(c)(2)(B) of this title, including—
(A) agency progress in making improvements consistent with those best practices; and
(B) agency compliance with the performance schedules established under section 4370m–1(c)(1)(C) of this title.
(3) Opportunity to include comments
Each councilmember, with input from the respective agency CERPO, shall have the opportunity to include comments concerning the performance of the agency in the report described in paragraph (1).
(b) Comptroller general report
Not later than 3 years after December 4, 2015, the Comptroller General of the United States shall submit to Congress a report that describes—
(1) agency progress in making improvements consistent with the best practices issued under section 4370m–1(c)(2)(B) of this title; and
(2) agency compliance with the performance schedules established under section 4370m–1(c)(1)(C) of this title.
(Pub. L. 114–94, div. D, title XLI, § 41008, Dec. 4, 2015, 129 Stat. 1760.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Fixing America’s Surface Transportation Act, also known as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.
42 U.S.C. § 4370m–9 (THE PUBLIC HEALTH AND WELFARE)
§ 4370m–9. Application
This subchapter applies to any covered project for which—
(1) a notice is filed under section 4370m–2(a)(1) of this title; or
(2) an application or other request for a Federal authorization is pending before a Federal agency 90 days after December 4, 2015.
(Pub. L. 114–94, div. D, title XLI, § 41010, Dec. 4, 2015, 129 Stat. 1761.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Fixing America’s Surface Transportation Act, also known as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.
42 U.S.C. § 4370m–10 (THE PUBLIC HEALTH AND WELFARE)
§ 4370m–10. GAO report
Not later than 3 years after December 4, 2015, the Comptroller General of the United States shall submit to Congress a report that includes an analysis of whether the provisions of this subchapter could be adapted to streamline the Federal permitting process for smaller projects that are not covered projects.
(Pub. L. 114–94, div. D, title XLI, § 41011, Dec. 4, 2015, 129 Stat. 1761.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Fixing America’s Surface Transportation Act, also known as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.
42 U.S.C. § 4370m–11 (THE PUBLIC HEALTH AND WELFARE)
§ 4370m–11. Savings provision
Nothing in this subchapter amends the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(Pub. L. 114–94, div. D, title XLI, § 41012, Dec. 4, 2015, 129 Stat. 1761.)
heading: Editorial Notes
heading: References in Text
text: The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables.
heading: Codification
text: Section was enacted as part of the Fixing America’s Surface Transportation Act, also known as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.
42 U.S.C. § 4370m–12 (THE PUBLIC HEALTH AND WELFARE)
§ 4370m–12. Sunset
This subchapter shall terminate 7 years after December 4, 2015.
(Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Fixing America’s Surface Transportation Act, also known as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.
42 U.S.C. § 4371 (THE PUBLIC HEALTH AND WELFARE)
§ 4371. Congressional findings, declarations, and purposes
(a) The Congress finds—
(1) that man has caused changes in the environment;
(2) that many of these changes may affect the relationship between man and his environment; and
(3) that population increases and urban concentration contribute directly to pollution and the degradation of our environment.
(b)
(1) The Congress declares that there is a national policy for the environment which provides for the enhancement of environmental quality. This policy is evidenced by statutes heretofore enacted relating to the prevention, abatement, and control of environmental pollution, water and land resources, transportation, and economic and regional development.
(2) The primary responsibility for implementing this policy rests with State and local government.
(3) The Federal Government encourages and supports implementation of this policy through appropriate regional organizations established under existing law.
(c) The purposes of this chapter are—
(1) to assure that each Federal department and agency conducting or supporting public works activities which affect the environment shall implement the policies established under existing law; and
(2) to authorize an Office of Environmental Quality, which, notwithstanding any other provision of law, shall provide the professional and administrative staff for the Council on Environmental Quality established by Public Law 91–190.
(Pub. L. 91–224, title II, § 202, Apr. 3, 1970, 84 Stat. 114.)
heading: Editorial Notes
heading: References in Text
text: Public Law 91–190, referred to in subsec. (c)(2), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, known as the National Environmental Policy Act of 1969, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 91–224, title II, § 201, Apr. 3, 1970, 84 Stat. 114, provided that: “This title [enacting this chapter] may be cited as the ‘Environmental Quality Improvement Act of 1970’.”
42 U.S.C. § 4373 (THE PUBLIC HEALTH AND WELFARE)
§ 4373. Referral of Environmental Quality Reports to standing committees having jurisdiction
Each Environmental Quality Report required by Public Law 91–190 shall, upon transmittal to Congress, be referred to each standing committee having jurisdiction over any part of the subject matter of the Report.
(Pub. L. 91–224, title II, § 204, Apr. 3, 1970, 84 Stat. 115.)
heading: Editorial Notes
heading: References in Text
text: Public Law 91–190, referred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, known as the National Environmental Policy Act of 1969, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables.
42 U.S.C. § 4374 (THE PUBLIC HEALTH AND WELFARE)
§ 4374. Authorization of appropriations
There are hereby authorized to be appropriated for the operations of the Office of Environmental Quality and the Council on Environmental Quality not to exceed the following sums for the following fiscal years which sums are in addition to those contained in Public Law 91–190:
(a) $2,126,000 for the fiscal year ending September 30, 1979.
(b) $3,000,000 for each of the fiscal years ending September 30, 1980, and September 30, 1981.
(c) $44,000 for the fiscal years ending September 30, 1982, 1983, and 1984.
(d) $480,000 for each of the fiscal years ending September 30, 1985 and September 30, 1986.
(Pub. L. 91–224, title II, § 205, Apr. 3, 1970, 84 Stat. 115; Pub. L. 93–36, May 18, 1973, 87 Stat. 72; Pub. L. 94–52, § 1, July 3, 1975, 89 Stat. 258; Pub. L. 94–298, May 29, 1976, 90 Stat. 587; Pub. L. 95–300, June 26, 1978, 92 Stat. 342; Pub. L. 97–350, § 1, Oct. 18, 1982, 96 Stat. 1661; Pub. L. 98–581, § 1, Oct. 30, 1984, 98 Stat. 3093.)
heading: Editorial Notes
heading: References in Text
text: Public Law 91–190, referred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, known as the National Environmental Policy Act of 1969, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables.
heading: Amendments
text: 1984—Cl. (d). Pub. L. 98–581 added cl. (d).
1982—Cl. (c). Pub. L. 97–350 added cl. (c).
1978—Pub. L. 95–300 added cls. (a) and (b). Former cls. (a) to (d), which authorized appropriations of $2,000,000 for fiscal year ending June 30, 1976, $500,000 for transition period of July 1, 1976 to Sept. 30, 1976, $3,000,000 for fiscal year ending Sept. 30, 1977, and $3,000,000 for fiscal year ending Sept. 30, 1978, respectively, were struck out.
1976—Pub. L. 94–298 made changes in structure by designating existing provisions as cls. (a) and (b) and adding cls. (c) and (d).
1975—Pub. L. 94–52 substituted “$2,000,000 for the fiscal year ending June 30, 1976, and not to exceed $500,000 for the transition period (July 1, 1976 to September 30, 1976)” for “$1,500,000 for the fiscal year ending June 30, 1974, and $2,000,000 for the fiscal year ending June 30, 1975”.
1973—Pub. L. 93–36 substituted provisions authorizing to be appropriated for operations of the Office of Environmental Quality and the Council on Environmental Quality $1,500,000 for fiscal year ending June 30, 1974, and $2,000,000 for fiscal year ending June 30, 1975, for provisions authorizing to be appropriated not to exceed $500,000 for fiscal year ending June 30, 1970, not to exceed $750,000 for fiscal year ending June 30, 1971, not to exceed $1,250,000 for fiscal year ending June 30, 1972, and not to exceed $1,500,000 for fiscal year ending June 30, 1973.