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cooperation with other Federal agencies, State water pollution
control agencies, interstate agencies, and the municipalities and
industries involved, prepare or develop comprehensive programs for
preventing, reducing, or eliminating the pollution of the navigable
waters and ground waters and improving the sanitary condition of
surface and underground waters. In the development of such
comprehensive programs due regard shall be given to the
improvements which are necessary to conserve such waters for the
protection and propagation of fish and aquatic life and wildlife,
recreational purposes, and the withdrawal of such waters for public
water supply, agricultural, industrial, and other purposes. For the
purpose of this section, the Administrator is authorized to make
joint investigations with any such agencies of the condition of any
waters in any State or States, and of the discharges of any sewage,
industrial wastes, or substance which may adversely affect such
waters.
(b) Planning for reservoirs; storage for regulation of streamflow
(1) In the survey or planning of any reservoir by the Corps of
Engineers, Bureau of Reclamation, or other Federal agency,
consideration shall be given to inclusion of storage for regulation
of streamflow, except that any such storage and water releases
shall not be provided as a substitute for adequate treatment or
other methods of controlling waste at the source.
(2) The need for and the value of storage for regulation of
streamflow (other than for water quality) including but not limited
to navigation, salt water intrusion, recreation, esthetics, and
fish and wildlife, shall be determined by the Corps of Engineers,
Bureau of Reclamation, or other Federal agencies.
(3) The need for, the value of, and the impact of, storage for
water quality control shall be determined by the Administrator, and
his views on these matters shall be set forth in any report or
presentation to Congress proposing authorization or construction of
any reservoir including such storage.
(4) The value of such storage shall be taken into account in
determining the economic value of the entire project of which it is
a part, and costs shall be allocated to the purpose of regulation
of streamflow in a manner which will insure that all project
purposes, share equitably in the benefit of multiple-purpose
construction.
(5) Costs of regulation of streamflow features incorporated in
any Federal reservoir or other impoundment under the provisions of
this chapter shall be determined and the beneficiaries identified
and if the benefits are widespread or national in scope, the costs
of such features shall be nonreimbursable.
(6) No license granted by the Federal Energy Regulatory
Commission for a hydroelectric power project shall include storage
for regulation of streamflow for the purpose of water quality
control unless the Administrator shall recommend its inclusion and
such reservoir storage capacity shall not exceed such proportion of
the total storage required for the water quality control plan as
the drainage area of such reservoir bears to the drainage area of
the river basin or basins involved in such water quality control
plan.
(c) Basins; grants to State agencies
(1) The Administrator shall, at the request of the Governor of a
State, or a majority of the Governors when more than one State is
involved, make a grant to pay not to exceed 50 per centum of the
administrative expenses of a planning agency for a period not to
exceed three years, which period shall begin after October 18,
1972, if such agency provides for adequate representation of
appropriate State, interstate, local, or (when appropriate)
international interests in the basin or portion thereof involved
and is capable of developing an effective, comprehensive water
quality control plan for a basin or portion thereof.
(2) Each planning agency receiving a grant under this subsection
shall develop a comprehensive pollution control plan for the basin
or portion thereof which -
(A) is consistent with any applicable water quality standards
effluent and other limitations, and thermal discharge regulations
established pursuant to current law within the basin;
(B) recommends such treatment works as will provide the most
effective and economical means of collection, storage, treatment,
and elimination of pollutants and recommends means to encourage
both municipal and industrial use of such works;
(C) recommends maintenance and improvement of water quality
within the basin or portion thereof and recommends methods of
adequately financing those facilities as may be necessary to
implement the plan; and
(D) as appropriate, is developed in cooperation with, and is
consistent with any comprehensive plan prepared by the Water
Resources Council, any areawide waste management plans developed
pursuant to section 1288 of this title, and any State plan
developed pursuant to section 1313(e) of this title.
(3) For the purposes of this subsection the term "basin"
includes, but is not limited to, rivers and their tributaries,
streams, coastal waters, sounds, estuaries, bays, lakes, and
portions thereof as well as the lands drained thereby.
-SOURCE-
(June 30, 1948, ch. 758, title I, Sec. 102, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 817; amended Pub. L. 95-91,
title IV, Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583; Pub. L.
95-217, Sec. 5(b), Dec. 27, 1977, 91 Stat. 1567; Pub. L. 104-66,
title II, Sec. 2021(a), Dec. 21, 1995, 109 Stat. 726.)
-MISC1-
AMENDMENTS
1995 - Subsec. (d). Pub. L. 104-66 struck out subsec. (d) which
read as follows: "The Administrator, after consultation with the
States, and River Basin Commissions established under the Water
Resources Planning Act, shall submit a report to Congress on or
before July 1, 1978, which analyzes the relationship between
programs under this chapter, and the programs by which State and
Federal agencies allocate quantities of water. Such report shall
include recommendations concerning the policy in section 1251(g) of
this title to improve coordination of efforts to reduce and
eliminate pollution in concert with programs for managing water
resources."
1977 - Subsec. (d). Pub. L. 95-217 added subsec. (d).
-TRANS-
TRANSFER OF FUNCTIONS
"Federal Energy Regulatory Commission" substituted for "Federal
Power Commission" in subsec. (b)(6) on authority of Pub. L. 95-91,
title IV, Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583, which is
classified to section 7172(a)(1)(A) of Title 42, The Public Health
and Welfare.
-EXEC-
EXECUTIVE ORDER NO. 10014
Ex. Ord. No. 10014, Nov. 3, 1948, 13 F.R. 6601, which related to
the cooperation of Federal and State agencies to prevent pollution
of surface and underground waters, was superseded by Ex. Ord. No.
11258, Nov. 17, 1965, 30 F.R. 14483.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1252a, 1375 of this
title.
-End-
-CITE-
33 USC Sec. 1252a 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
Sec. 1252a. Reservoir projects, water storage; modification;
storage for other than for water quality, opinion of Federal
agency, committee resolutions of approval; provisions
inapplicable to projects with certain prescribed water quality
benefits in relation to total project benefits
-STATUTE-
In the case of any reservoir project authorized for construction
by the Corps of Engineers, Bureau of Reclamation, or other Federal
agency when the Administrator of the Environmental Protection
Agency determines pursuant to section 1252(b) of this title that
any storage in such project for regulation of streamflow for water
quality is not needed, or is needed in a different amount, such
project may be modified accordingly by the head of the appropriate
agency, and any storage no longer required for water quality may be
utilized for other authorized purposes of the project when, in the
opinion of the head of such agency, such use is justified. Any such
modification of a project where the benefits attributable to water
quality are 15 per centum or more but not greater than 25 per
centum of the total project benefits shall take effect only upon
the adoption of resolutions approving such modification by the
appropriate committees of the Senate and House of Representatives.
The provisions of the section shall not apply to any project where
the benefits attributable to water quality exceed 25 per centum of
the total project benefits.
-SOURCE-
(Pub. L. 93-251, title I, Sec. 65, Mar. 7, 1974, 88 Stat. 30.)
-COD-
CODIFICATION
Section was not enacted as part of the Federal Water Pollution
Control Act which comprises this chapter.
-End-
-CITE-
33 USC Sec. 1253 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
Sec. 1253. Interstate cooperation and uniform laws
-STATUTE-
(a) The Administrator shall encourage cooperative activities by
the States for the prevention, reduction, and elimination of
pollution, encourage the enactment of improved and, so far as
practicable, uniform State laws relating to the prevention,
reduction, and elimination of pollution; and encourage compacts
between States for the prevention and control of pollution.
(b) The consent of the Congress is hereby given to two or more
States to negotiate and enter into agreements or compacts, not in
conflict with any law or treaty of the United States, for (1)
cooperative effort and mutual assistance for the prevention and
control of pollution and the enforcement of their respective laws
relating thereto, and (2) the establishment of such agencies, joint
or otherwise, as they may deem desirable for making effective such
agreements and compacts. No such agreement or compact shall be
binding or obligatory upon any State a party thereto unless and
until it has been approved by the Congress.
-SOURCE-
(June 30, 1948, ch. 758, title I, Sec. 103, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 818.)
-End-
-CITE-
33 USC Sec. 1254 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER I - RESEARCH AND RELATED PROGRAMS
-HEAD-
Sec. 1254. Research, investigations, training, and information
-STATUTE-
(a) Establishment of national programs; cooperation;
investigations; water quality surveillance system; reports
The Administrator shall establish national programs for the
prevention, reduction, and elimination of pollution and as part of
such programs shall -
(1) in cooperation with other Federal, State, and local
agencies, conduct and promote the coordination and acceleration
of, research, investigations, experiments, training,
demonstrations, surveys, and studies relating to the causes,
effects, extent, prevention, reduction, and elimination of
pollution;
(2) encourage, cooperate with, and render technical services to
pollution control agencies and other appropriate public or
private agencies, institutions, and organizations, and
individuals, including the general public, in the conduct of
activities referred to in paragraph (1) of this subsection;
(3) conduct, in cooperation with State water pollution control
agencies and other interested agencies, organizations and
persons, public investigations concerning the pollution of any
navigable waters, and report on the results of such
investigations;
(4) establish advisory committees composed of recognized
experts in various aspects of pollution and representatives of
the public to assist in the examination and evaluation of
research progress and proposals and to avoid duplication of
research;
(5) in cooperation with the States, and their political
subdivisions, and other Federal agencies establish, equip, and
maintain a water quality surveillance system for the purpose of
monitoring the quality of the navigable waters and ground waters
and the contiguous zone and the oceans and the Administrator
shall, to the extent practicable, conduct such surveillance by
utilizing the resources of the National Aeronautics and Space
Administration, the National Oceanic and Atmospheric
Administration, the United States Geological Survey, and the
Coast Guard, and shall report on such quality in the report
required under subsection (a) of section 1375 of this title; and
(6) initiate and promote the coordination and acceleration of
research designed to develop the most effective practicable tools
and techniques for measuring the social and economic costs and
benefits of activities which are subject to regulation under this
chapter; and shall transmit a report on the results of such
research to the Congress not later than January 1, 1974.
(b) Authorized activities of Administrator
In carrying out the provisions of subsection (a) of this section
the Administrator is authorized to -
(1) collect and make available, through publications and other
appropriate means, the results of and other information,
including appropriate recommendations by him in connection
therewith, pertaining to such research and other activities
referred to in paragraph (1) of subsection (a) of this section;
(2) cooperate with other Federal departments and agencies,
State water pollution control agencies, interstate agencies,
other public and private agencies, institutions, organizations,
industries involved, and individuals, in the preparation and
conduct of such research and other activities referred to in
paragraph (1) of subsection (a) of this section;
(3) make grants to State water pollution control agencies,
interstate agencies, other public or nonprofit private agencies,
institutions, organizations, and individuals, for purposes stated
in paragraph (1) of subsection (a) of this section;
(4) contract with public or private agencies, institutions,
organizations, and individuals, without regard to section 3324(a)
and (b) of title 31 and section 5 of title 41, referred to in
paragraph (1) of subsection (a) of this section;
(5) establish and maintain research fellowships at public or
nonprofit private educational institutions or research
organizations;
(6) collect and disseminate, in cooperation with other Federal
departments and agencies, and with other public or private
agencies, institutions, and organizations having related
responsibilities, basic data on chemical, physical, and
biological effects of varying water quality and other information
pertaining to pollution and the prevention, reduction, and
elimination thereof; and
(7) develop effective and practical processes, methods, and
prototype devices for the prevention, reduction, and elimination
of pollution.
(c) Research and studies on harmful effects of pollutants;
cooperation with Secretary of Health and Human Services
In carrying out the provisions of subsection (a) of this section
the Administrator shall conduct research on, and survey the results
of other scientific studies on, the harmful effects on the health
or welfare of persons caused by pollutants. In order to avoid
duplication of effort, the Administrator shall, to the extent
practicable, conduct such research in cooperation with and through
the facilities of the Secretary of Health and Human Services.
(d) Sewage treatment; identification and measurement of effects of
pollutants; augmented streamflow
In carrying out the provisions of this section the Administrator
shall develop and demonstrate under varied conditions (including
conducting such basic and applied research, studies, and
experiments as may be necessary):
(1) Practicable means of treating municipal sewage, and other
waterborne wastes to implement the requirements of section 1281
of this title;
(2) Improved methods and procedures to identify and measure the
effects of pollutants, including those pollutants created by new
technological developments; and
(3) Methods and procedures for evaluating the effects on water
quality of augmented streamflows to control pollution not
susceptible to other means of prevention, reduction, or
elimination.
(e) Field laboratory and research facilities
The Administrator shall establish, equip, and maintain field
laboratory and research facilities, including, but not limited to,
one to be located in the northeastern area of the United States,
one in the Middle Atlantic area, one in the southeastern area, one
in the midwestern area, one in the southwestern area, one in the
Pacific Northwest, and one in the State of Alaska, for the conduct
of research, investigations, experiments, field demonstrations and
studies, and training relating to the prevention, reduction and
elimination of pollution. Insofar as practicable, each such
facility shall be located near institutions of higher learning in
which graduate training in such research might be carried out. In
conjunction with the development of criteria under section 1343 of
this title, the Administrator shall construct the facilities
authorized for the National Marine Water Quality Laboratory
established under this subsection.
(f) Great Lakes water quality research
The Administrator shall conduct research and technical
development work, and make studies, with respect to the quality of
the waters of the Great Lakes, including an analysis of the present
and projected future water quality of the Great Lakes under varying
conditions of waste treatment and disposal, an evaluation of the
water quality needs of those to be served by such waters, an
evaluation of municipal, industrial, and vessel waste treatment and
disposal practices with respect to such waters, and a study of
alternate means of solving pollution problems (including additional
waste treatment measures) with respect to such waters.
(g) Treatment works pilot training programs; employment needs
forecasting; training projects and grants; research fellowships;
technical training; report to the President and transmittal to
Congress
(1) For the purpose of providing an adequate supply of trained
personnel to operate and maintain existing and future treatment
works and related activities, and for the purpose of enhancing
substantially the proficiency of those engaged in such activities,
the Administrator shall finance pilot programs, in cooperation with
State and interstate agencies, municipalities, educational
institutions, and other organizations and individuals, of manpower
development and training and retraining of persons in, on entering
into, the field of operation and maintenance of treatment works and
related activities. Such program and any funds expended for such a
program shall supplement, not supplant, other manpower and training
programs and funds available for the purposes of this paragraph.
The Administrator is authorized, under such terms and conditions as
he deems appropriate, to enter into agreements with one or more
States, acting jointly or severally, or with other public or
private agencies or institutions for the development and
implementation of such a program.
(2) The Administrator is authorized to enter into agreements with
public and private agencies and institutions, and individuals to
develop and maintain an effective system for forecasting the supply
of, and demand for, various professional and other occupational
categories needed for the prevention, reduction, and elimination of
pollution in each region, State, or area of the United States and,
from time to time, to publish the results of such forecasts.
(3) In furtherance of the purposes of this chapter, the
Administrator is authorized to -
(A) make grants to public or private agencies and institutions
and to individuals for training projects, and provide for the
conduct of training by contract with public or private agencies
and institutions and with individuals without regard to section
3324(a) and (b) of title 31 and section 5 of title 41;
(B) establish and maintain research fellowships in the
Environmental Protection Agency with such stipends and
allowances, including traveling and subsistence expenses, as he
may deem necessary to procure the assistance of the most
promising research fellows; and
(C) provide, in addition to the program established under
paragraph (1) of this subsection, training in technical matters
relating to the causes, prevention, reduction, and elimination of
pollution for personnel of public agencies and other persons with
suitable qualifications.
(4) The Administrator shall submit, through the President, a
report to the Congress not later than December 31, 1973,
summarizing the actions taken under this subsection and the
effectiveness of such actions, and setting forth the number of
persons trained, the occupational categories for which training was
provided, the effectiveness of other Federal, State, and local
training programs in this field, together with estimates of future
needs, recommendations on improving training programs, and such
other information and recommendations, including legislative
recommendations, as he deems appropriate.
(h) Lake pollution
The Administrator is authorized to enter into contracts with, or
make grants to, public or private agencies and organizations and
individuals for (A) the purpose of developing and demonstrating new
or improved methods for the prevention, removal, reduction, and
elimination of pollution in lakes, including the undesirable
effects of nutrients and vegetation, and (B) the construction of
publicly owned research facilities for such purpose.
(i) Oil pollution control studies
The Administrator, in cooperation with the Secretary of the
Department in which the Coast Guard is operating, shall -
(1) engage in such research, studies, experiments, and
demonstrations as he deems appropriate, relative to the removal
of oil from any waters and to the prevention, control, and
elimination of oil and hazardous substances pollution;
(2) publish from time to time the results of such activities;
and
(3) from time to time, develop and publish in the Federal
Register specifications and other technical information on the
various chemical compounds used in the control of oil and
hazardous substances spills.
In carrying out this subsection, the Administrator may enter into
contracts with, or make grants to, public or private agencies and
organizations and individuals.
(j) Solid waste disposal equipment for vessels
The Secretary of the department in which the Coast Guard is
operating shall engage in such research, studies, experiments, and
demonstrations as he deems appropriate relative to equipment which
is to be installed on board a vessel and is designed to receive,
retain, treat, or discharge human body wastes and the wastes from
toilets and other receptacles intended to receive or retain body
wastes with particular emphasis on equipment to be installed on
small recreational vessels. The Secretary of the department in
which the Coast Guard is operating shall report to Congress the
results of such research, studies, experiments, and demonstrations
prior to the effective date of any regulations established under
section 1322 of this title. In carrying out this subsection the
Secretary of the department in which the Coast Guard is operating
may enter into contracts with, or make grants to, public or private
organizations and individuals.
(k) Land acquisition
In carrying out the provisions of this section relating to the
conduct by the Administrator of demonstration projects and the
development of field laboratories and research facilities, the
Administrator may acquire land and interests therein by purchase,
with appropriated or donated funds, by donation, or by exchange for
acquired or public lands under his jurisdiction which he classifies
as suitable for disposition. The values of the properties so
exchanged either shall be approximately equal, or if they are not
approximately equal, the values shall be equalized by the payment
of cash to the grantor or to the Administrator as the circumstances
require.
(l) Collection and dissemination of scientific knowledge on effects
and control of pesticides in water
(1) The Administrator shall, after consultation with appropriate
local, State, and Federal agencies, public and private
organizations, and interested individuals, as soon as practicable
but not later than January 1, 1973, develop and issue to the States
for the purpose of carrying out this chapter the latest scientific
knowledge available in indicating the kind and extent of effects on
health and welfare which may be expected from the presence of
pesticides in the water in varying quantities. He shall revise and
add to such information whenever necessary to reflect developing
scientific knowledge.
(2) The President shall, in consultation with appropriate local,
State, and Federal agencies, public and private organizations, and
interested individuals, conduct studies and investigations of
methods to control the release of pesticides into the environment
which study shall include examination of the persistency of
pesticides in the water environment and alternatives thereto. The
President shall submit reports, from time to time, on such
investigations to Congress together with his recommendations for
any necessary legislation.
(m) Waste oil disposal study
(1) The Administrator shall, in an effort to prevent degradation
of the environment from the disposal of waste oil, conduct a study
of (A) the generation of used engine, machine, cooling, and similar
waste oil, including quantities generated, the nature and quality
of such oil, present collecting methods and disposal practices, and
alternate uses of such oil; (B) the long-term, chronic biological
effects of the disposal of such waste oil; and (C) the potential
market for such oils, including the economic and legal factors
relating to the sale of products made from such oils, the level of
subsidy, if any, needed to encourage the purchase by public and
private nonprofit agencies of products from such oil, and the
practicability of Federal procurement, on a priority basis, of
products made from such oil. In conducting such study, the
Administrator shall consult with affected industries and other
persons.
(2) The Administrator shall report the preliminary results of
such study to Congress within six months after October 18, 1972,
and shall submit a final report to Congress within 18 months after
such date.
(n) Comprehensive studies of effects of pollution on estuaries and
estuarine zones
(1) The Administrator shall, in cooperation with the Secretary of
the Army, the Secretary of Agriculture, the Water Resources
Council, and with other appropriate Federal, State, interstate, or
local public bodies and private organizations, institutions, and
individuals, conduct and promote, and encourage contributions to,
continuing comprehensive studies of the effects of pollution,
including sedimentation, in the estuaries and estuarine zones of
the United States on fish and wildlife, on sport and commercial
fishing, on recreation, on water supply and water power, and on
other beneficial purposes. Such studies shall also consider the
effect of demographic trends, the exploitation of mineral resources
and fossil fuels, land and industrial development, navigation,
flood and erosion control, and other uses of estuaries and
estuarine zones upon the pollution of the waters therein.
(2) In conducting such studies, the Administrator shall assemble,
coordinate, and organize all existing pertinent information on the
Nation's estuaries and estuarine zones; carry out a program of
investigations and surveys to supplement existing information in
representative estuaries and estuarine zones; and identify the
problems and areas where further research and study are required.
(3) The Administrator shall submit to Congress, from time to
time, reports of the studies authorized by this subsection but at
least one such report during any six-year period. Copies of each
such report shall be made available to all interested parties,
public and private.
(4) For the purpose of this subsection, the term "estuarine
zones" means an environmental system consisting of an estuary and
those transitional areas which are consistently influenced or
affected by water from an estuary such as, but not limited to, salt
marshes, coastal and intertidal areas, bays, harbors, lagoons,
inshore waters, and channels, and the term "estuary" means all or
part of the mouth of a river or stream or other body of water
having unimpaired natural connection with open sea and within which
the sea water is measurably diluted with fresh water derived from
land drainage.
(o) Methods of reducing total flow of sewage and unnecessary water
consumption; reports
(1) The Administrator shall conduct research and investigations
on devices, systems, incentives, pricing policy, and other methods
of reducing the total flow of sewage, including, but not limited
to, unnecessary water consumption in order to reduce the
requirements for, and the costs of, sewage and waste treatment
services. Such research and investigations shall be directed to
develop devices, systems, policies, and methods capable of
achieving the maximum reduction of unnecessary water consumption.
(2) The Administrator shall report the preliminary results of
such studies and investigations to the Congress within one year
after October 18, 1972, and annually thereafter in the report
required under subsection (a) of section 1375 of this title. Such
report shall include recommendations for any legislation that may
be required to provide for the adoption and use of devices,
systems, policies, or other methods of reducing water consumption
and reducing the total flow of sewage. Such report shall include an
estimate of the benefits to be derived from adoption and use of
such devices, systems, policies, or other methods and also shall
reflect estimates of any increase in private, public, or other cost
that would be occasioned thereby.
(p) Agricultural pollution
In carrying out the provisions of subsection (a) of this section
the Administrator shall, in cooperation with the Secretary of
Agriculture, other Federal agencies, and the States, carry out a
comprehensive study and research program to determine new and
improved methods and the better application of existing methods of
preventing, reducing, and eliminating pollution from agriculture,
including the legal, economic, and other implications of the use of
such methods.
(q) Sewage in rural areas; national clearinghouse for alternative
treatment information; clearinghouse on small flows
(1) The Administrator shall conduct a comprehensive program of
research and investigation and pilot project implementation into
new and improved methods of preventing, reducing, storing,
collecting, treating, or otherwise eliminating pollution from
sewage in rural and other areas where collection of sewage in
conventional, communitywide sewage collection systems is
impractical, uneconomical, or otherwise infeasible, or where soil
conditions or other factors preclude the use of septic tank and
drainage field systems.
(2) The Administrator shall conduct a comprehensive program of
research and investigation and pilot project implementation into
new and improved methods for the collection and treatment of sewage
and other liquid wastes combined with the treatment and disposal of
solid wastes.
(3) The Administrator shall establish, either within the
Environmental Protection Agency, or through contract with an
appropriate public or private non-profit organization, a national
clearinghouse which shall (A) receive reports and information
resulting from research, demonstrations, and other projects funded
under this chapter related to paragraph (1) of this subsection and
to subsection (e)(2) of section 1255 of this title; (B) coordinate
and disseminate such reports and information for use by Federal and
State agencies, municipalities, institutions, and persons in
developing new and improved methods pursuant to this subsection;
and (C) provide for the collection and dissemination of reports and
information relevant to this subsection from other Federal and
State agencies, institutions, universities, and persons.
(4) Small flows clearinghouse. - Notwithstanding section 1285(d)
of this title, from amounts that are set aside for a fiscal year
under section 1285(i) of this title and are not obligated by the
end of the 24-month period of availability for such amounts under
section 1285(d) of this title, the Administrator shall make
available $1,000,000 or such unobligated amount, whichever is less,
to support a national clearinghouse within the Environmental
Protection Agency to collect and disseminate information on small
flows of sewage and innovative or alternative wastewater treatment
processes and techniques, consistent with paragraph (3). This
paragraph shall apply with respect to amounts set aside under
section 1285(i) of this title for which the 24-month period of
availability referred to in the preceding sentence ends on or after
September 30, 1986.
(r) Research grants to colleges and universities
The Administrator is authorized to make grants to colleges and
universities to conduct basic research into the structure and
function of freshwater aquatic ecosystems, and to improve
understanding of the ecological characteristics necessary to the
maintenance of the chemical, physical, and biological integrity of
freshwater aquatic ecosystems.
(s) River Study Centers
The Administrator is authorized to make grants to one or more
institutions of higher education (regionally located and to be
designated as "River Study Centers") for the purpose of conducting
and reporting on interdisciplinary studies on the nature of river
systems, including hydrology, biology, ecology, economics, the
relationship between river uses and land uses, and the effects of
development within river basins on river systems and on the value
of water resources and water related activities. No such grant in
any fiscal year shall exceed $1,000,000.
(t) Thermal discharges
The Administrator shall, in cooperation with State and Federal
agencies and public and private organizations, conduct continuing
comprehensive studies of the effects and methods of control of
thermal discharges. In evaluating alternative methods of control
the studies shall consider (1) such data as are available on the
latest available technology, economic feasibility including
cost-effectiveness analysis, and (2) the total impact on the
environment, considering not only water quality but also air
quality, land use, and effective utilization and conservation of
freshwater and other natural resources. Such studies shall consider
methods of minimizing adverse effects and maximizing beneficial
effects of thermal discharges. The results of these studies shall
be reported by the Administrator as soon as practicable, but not
later than 270 days after October 18, 1972, and shall be made
available to the public and the States, and considered as they
become available by the Administrator in carrying out section 1326
of this title and by the States in proposing thermal water quality
standards.
(u) Authorization of appropriations
There is authorized to be appropriated (1) not to exceed
$100,000,000 per fiscal year for the fiscal year ending June 30,
1973, the fiscal year ending June 30, 1974, and the fiscal year
ending June 30, 1975, not to exceed $14,039,000 for the fiscal year
ending September 30, 1980, not to exceed $20,697,000 for the fiscal
year ending September 30, 1981, not to exceed $22,770,000 for the
fiscal year ending September 30, 1982, such sums as may be
necessary for fiscal years 1983 through 1985, and not to exceed
$22,770,000 per fiscal year for each of the fiscal years 1986
through 1990, for carrying out the provisions of this section,
other than subsections (g)(1) and (2), (p), (r), and (t) of this
section, except that such authorizations are not for any research,
development, or demonstration activity pursuant to such provisions;
(2) not to exceed $7,500,000 for fiscal years 1973, 1974, and 1975,
$2,000,000 for fiscal year 1977, $3,000,000 for fiscal year 1978,
$3,000,000 for fiscal year 1979, $3,000,000 for fiscal year 1980,
$3,000,000 for fiscal year 1981, $3,000,000 for fiscal year 1982,
such sums as may be necessary for fiscal years 1983 through 1985,
and $3,000,000 per fiscal year for each of the fiscal years 1986
through 1990, for carrying out the provisions of subsection (g)(1)
of this section; (3) not to exceed $2,500,000 for fiscal years
1973, 1974, and 1975, $1,000,000 for fiscal year 1977, $1,500,000
for fiscal year 1978, $1,500,000 for fiscal year 1979, $1,500,000
for fiscal year 1980, $1,500,000 for fiscal year 1981, $1,500,000
for fiscal year 1982, such sums as may be necessary for fiscal
years 1983 through 1985, and $1,500,000 per fiscal year for each of
the fiscal years 1986 through 1990, for carrying out the provisions
of subsection (g)(2) of this section; (4) not to exceed $10,000,000
for each of the fiscal years ending June 30, 1973, June 30, 1974,
and June 30, 1975, for carrying out the provisions of subsection
(p) of this section; (5) not to exceed $15,000,000 per fiscal year
for the fiscal years ending June 30, 1973, June 30, 1974, and June
30, 1975, for carrying out the provisions of subsection (r) of this
section; and (6) not to exceed $10,000,000 per fiscal year for the
fiscal years ending June 30, 1973, June 30, 1974, and June 30,
1975, for carrying out the provisions of subsection (t) of this
section.
(v) Studies concerning pathogen indicators in coastal recreation
waters
Not later than 18 months after October 10, 2000, after
consultation and in cooperation with appropriate Federal, State,
tribal, and local officials (including local health officials), the
Administrator shall initiate, and, not later than 3 years after
October 10, 2000, shall complete, in cooperation with the heads of
other Federal agencies, studies to provide additional information
for use in developing -
(1) an assessment of potential human health risks resulting
from exposure to pathogens in coastal recreation waters,
including nongastrointestinal effects;
(2) appropriate and effective indicators for improving
detection in a timely manner in coastal recreation waters of the
presence of pathogens that are harmful to human health;
(3) appropriate, accurate, expeditious, and cost-effective
methods (including predictive models) for detecting in a timely
manner in coastal recreation waters the presence of pathogens
that are harmful to human health; and
(4) guidance for State application of the criteria for
pathogens and pathogen indicators to be published under section
1314(a)(9) of this title to account for the diversity of
geographic and aquatic conditions.
-SOURCE-
(June 30, 1948, ch. 758, title I, Sec. 104, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 819; amended Pub. L.
93-207, Sec. 1(1), Dec. 28, 1973, 87 Stat. 906; Pub. L. 93-592,
Sec. 1, Jan. 2, 1975, 88 Stat. 1924; Pub. L. 95-217, Secs. 4(a),
(b), 6, 7, Dec. 27, 1977, 91 Stat. 1566, 1567; Pub. L. 95-576, Sec.
1(a), Nov. 2, 1978, 92 Stat. 2467; Pub. L. 96-88, title V, Sec.
509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 96-483, Sec. 1(a),
Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100-4, title I, Secs. 101(a),
102, Feb. 4, 1987, 101 Stat. 8, 9; Pub. L. 102-154, title I, Nov.
13, 1991, 105 Stat. 1000; Pub. L. 105-362, title V, Sec. 501(a)(1),
(d)(2)(A), Nov. 10, 1998, 112 Stat. 3283; Pub. L. 106-284, Sec.
3(a), Oct. 10, 2000, 114 Stat. 871; Pub. L. 107-303, title III,
Sec. 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)
-COD-
CODIFICATION
In subsecs. (b)(4) and (g)(3)(A), "section 3324(a) and (b) of
title 31" substituted for reference to section 3648 of the Revised
Statutes [31 U.S.C. 529] on authority of Pub. L. 97-258, Sec. 4(b),
Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted
Title 31, Money and Finance.
-MISC1-
AMENDMENTS
2002 - Subsecs. (a)(5), (n)(3), (4), (o)(2). Pub. L. 107-303
repealed Pub. L. 105-362, Sec. 501(a), (d). See 1998 Amendment
notes below.
2000 - Subsec. (v). Pub. L. 106-284 added subsec. (v).
1998 - Subsec. (a)(5). Pub. L. 105-362, Sec. 501(d)(2)(A)(i),
which directed the substitution of "not later than 90 days after
the date of convening of each session of Congress" for "in the
report required under subsection (a) of section 1375 of this
title", was repealed by Pub. L. 107-303. See Effective Date of 2002
Amendment note below.
Subsec. (n)(3), (4). Pub. L. 105-362, Sec. 501(a)(1), which
directed the redesignation of par. (4) as (3) and striking out of
former par. (3), was repealed by Pub. L. 107-303. See Effective
Date of 2002 Amendment note below.
Subsec. (o)(2). Pub. L. 105-362, Sec. 501(d)(2)(A)(ii), which
directed the substitution of "not later than 90 days after the date
of convening of each session of Congress" for "in the report
required under subsection (a) of section 1375 of this title", was
repealed by Pub. L. 107-303. See Effective Date of 2002 Amendment
note below.
1987 - Subsec. (q)(4). Pub. L. 100-4, Sec. 102, added par. (4).
Subsec. (u). Pub. L. 100-4, Sec. 101(a), in cl. (1) struck out
"and" after "1975,", "1980,", and "1981," and inserted "such sums
as may be necessary for fiscal years 1983 through 1985, and not to
exceed $22,770,000 per fiscal year for each of the fiscal years
1986 through 1990,", in cl. (2) struck out "and" after "1981," and
inserted "such sums as may be necessary for fiscal years 1983
through 1985, and $3,000,000 per fiscal year for each of the fiscal
years 1986 through 1990,", and in cl. (3) struck out "and" after
"1981," and inserted "such sums as may be necessary for fiscal
years 1983 through 1985, and $1,500,000 per fiscal year for each of
the fiscal years 1986 through 1990,".
1980 - Subsec. (u). Pub. L. 96-483 in par. (1) inserted
authorization of not to exceed $20,697,000 and $22,770,000 for
fiscal years ending Sept. 30, 1981, and 1982, respectively; in par.
(2) inserted authorization of the sum of $3,000,000 for each of
fiscal years 1981 and 1982; and in par. (3) inserted authorization
of the sum of $1,500,000 for each of fiscal years 1981 and 1982.
1978 - Subsec. (u)(1). Pub. L. 95-576 authorized appropriation of
not to exceed $14,039,000 for fiscal year ending Sept. 30, 1980 and
prohibited use of authorizations for any research, development, or
demonstration activity pursuant to provisions of this section.
1977 - Subsec. (n)(3). Pub. L. 95-217, Sec. 6, substituted "any
six-year period" for "any three year period".
Subsec. (q)(3). Pub. L. 95-217, Sec. 7, added par. (3).
Subsec. (u)(2). Pub. L. 95-217, Sec. 4(a), substituted "1975,
$2,000,000 for fiscal year 1977, $3,000,000 for fiscal year 1978,
$3,000,000 for fiscal year 1979, and $3,000,000 for fiscal year
1980," for "1975".
Subsec. (u)(3). Pub. L. 95-217, Sec. 4(b), substituted "1975,
$1,000,000 for fiscal year 1977, $1,500,000 for fiscal year 1978,
$1,500,000 for fiscal year 1979, and $1,500,000 for fiscal year
1980," for "1975".
1975 - Subsec. (u)(1). Pub. L. 93-592, Sec. 1(a), substituted
"the fiscal year ending June 30, 1974, and the fiscal year ending
June 30, 1975," for "and the fiscal year ending June 30, 1974,".
Subsec. (u)(2). Pub. L. 93-592, Sec. 1(b), substituted "fiscal
years 1973, 1974, and 1975" for "fiscal years 1973 and 1974".
Subsec. (u)(3). Pub. L. 93-592, Sec. 1(c), substituted "fiscal
years 1973, 1974, and 1975" for "fiscal year 1973".
Subsec. (u)(4), (5), (6). Pub. L. 93-592, Sec. 1(d)-(f),
substituted "June 30, 1974, and June 30, 1975," for "and June 30,
1974,".
1973 - Subsec. (u)(2). Pub. L. 93-207 substituted "fiscal years
1973 and 1974" for "fiscal year 1973".
-CHANGE-
CHANGE OF NAME
"United States Geological Survey" substituted for "Geological
Survey" in subsec. (a)(5) pursuant to provision of title I of Pub.
L. 102-154, set out as a note under section 31 of Title 43, Public
Lands.
"Secretary of Health and Human Services" substituted for
"Secretary of Health, Education, and Welfare" in subsec. (c)
pursuant to section 509(b) of Pub. L. 96-88 which is classified to
section 3508(b) of Title 20, Education.
-MISC2-
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-303, title III, Sec. 302(b), Nov. 27, 2002, 116 Stat.
2361, provided that:
"(1) In general. - Effective November 10, 1998, section 501 of
the Federal Reports Elimination Act of 1998 (Public Law 105-362;
112 Stat. 3283) is amended by striking subsections (a) [amending
this section and section 1330 of this title], (b) [amending section
1324 of this title], (c) [amending section 1329 of this title], and
(d) [amending this section and sections 1266, 1285, 1290, and 1375
of this title].
"(2) Applicability. - The Federal Water Pollution Control Act (33
U.S.C. 1254(n)(3)) [33 U.S.C. 1251 et seq.] shall be applied and
administered on and after the date of enactment of this Act [Nov.
27, 2002] as if the amendments made by subsections (a), (b), (c),
and (d) of section 501 of the Federal Reports Elimination Act of
1998 (Public Law 105-362; 112 Stat. 3283) had not been enacted."
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
Enforcement functions of Secretary or other official in (continued)