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(continued)
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, 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) in coastal States, propose constructing and renovating
pumpout stations and waste reception facilities in accordance
with a coastal State's plan approved under section 5603(c);
"(B) provide for public/private partnership efforts to
develop and operate pumpout stations and waste receptions [sic]
facilities; and
"(C) 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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1254, 1362, 1402 of this
title.

-End-



-CITE-
33 USC Sec. 1323 01/19/04

-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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1365 of this title.

-End-



-CITE-
33 USC Sec. 1324 01/19/04

-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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1329, 1376, 1377 of this
title.

-End-



-CITE-
33 USC Sec. 1325 01/19/04

-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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1311, 1376 of this title.

-FOOTNOTE-
(!1) See References in Text note below.


-End-



-CITE-
33 USC Sec. 1326 01/19/04

-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 (continued)