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(continued)
a notice of a public hearing by the Committee, to be held within
thirty days.
(2) No later than one hundred and twenty days after receipt of
such notice, the Committee shall transmit to the Administrator such
scientific and technical information as is in its possession,
including that presented at any public hearing, related to the
subject matter contained in such notice.
(3) Information so transmitted to the Administrator shall
constitute a part of the administrative record and comments on any
proposed regulations or standards as information to be considered
with other comments and information in making any final
determinations.
(4) In preparing information for transmittal, the Committee shall
avail itself of the technical and scientific services of any
Federal agency, including the United States Geological Survey and
any national environmental laboratories which may be established.
(c) Secretary; legal counsel; compensation
(1) The Committee shall appoint and prescribe the duties of a
Secretary, and such legal counsel as it deems necessary. The
Committee shall appoint such other employees as it deems necessary
to exercise and fulfill its powers and responsibilities. The
compensation of all employees appointed by the Committee shall be
fixed in accordance with chapter 51 and subchapter III of chapter
53 of title 5.
(2) Members of the Committee shall be entitled to receive
compensation at a rate to be fixed by the President but 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.
(d) Quorum; special panel
Five members of the Committee shall constitute a quorum, and
official actions of the Committee shall be taken only on the
affirmative vote of at least five members. A special panel composed
of one or more members upon order of the Committee shall conduct
any hearing authorized by this section and submit the transcript of
such hearing to the entire Committee for its action thereon.
(e) Rules
The Committee is authorized to make such rules as are necessary
for the orderly transaction of its business.

-SOURCE-
(June 30, 1948, ch. 758, title V, Sec. 515, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 894.)


-MISC1-
TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period following Jan.
5, 1973, unless, in the case of a committee established by the
President or an officer of the Federal Government, such committee
is renewed by appropriate action prior to the expiration of such
2-year period, or in the case of a committee established by the
Congress, its duration is otherwise provided by law. See section 14
of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the
Appendix to Title 5, Government Organization and Employees.

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.

-End-



-CITE-
33 USC Sec. 1375 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-
Sec. 1375. Reports to Congress; detailed estimates and
comprehensive study on costs; State estimates

-STATUTE-
(a) Implementation of chapter objectives; status and progress of
programs
Within ninety days following the convening of each session of
Congress, the Administrator shall submit to the Congress a report,
in addition to any other report required by this chapter, on
measures taken toward implementing the objective of this chapter,
including, but not limited to, (1) the progress and problems
associated with developing comprehensive plans under section 1252
of this title, areawide plans under section 1288 of this title,
basin plans under section 1289 of this title, and plans under
section 1313(e) of this title; (2) a summary of actions taken and
results achieved in the field of water pollution control research,
experiments, studies, and related matters by the Administrator and
other Federal agencies and by other persons and agencies under
Federal grants or contracts; (3) the progress and problems
associated with the development of effluent limitations and
recommended control techniques; (4) the status of State
programs,including a detailed summary of the progress obtained as
compared to that planned under State program plans for development
and enforcement of water quality requirements; (5) the
identification and status of enforcement actions pending or
completed under this chapter during the preceding year; (6) the
status of State, interstate, and local pollution control programs
established pursuant to, and assisted by, this chapter; (7) a
summary of the results of the survey required to be taken under
section 1290 of this title; (8) his activities including
recommendations under sections 1259 through 1261 of this title; and
(9) all reports and recommendations made by the Water Pollution
Control Advisory Board.
(b) Detailed estimates and comprehensive study on costs; State
estimates, survey form
(1) The Administrator, in cooperation with the States, including
water pollution control agencies and other water pollution control
planning agencies, shall make (A) a detailed estimate of the cost
of carrying out the provisions of this chapter; (B) a detailed
estimate, biennially revised, of the cost of construction of all
needed publicly owned treatment works in all of the States and of
the cost of construction of all needed publicly owned treatment
works in each of the States; (C) a comprehensive study of the
economic impact on affected units of government of the cost of
installation of treatment facilities; and (D) a comprehensive
analysis of the national requirements for and the cost of treating
municipal, industrial, and other effluent to attain the water
quality objectives as established by this chapter or applicable
State law. The Administrator shall submit such detailed estimate
and such comprehensive study of such cost to the Congress no later
than February 10 of each odd-numbered year. Whenever the
Administrator, pursuant to this subsection, requests and receives
an estimate of cost from a State, he shall furnish copies of such
estimate together with such detailed estimate to Congress.
(2) Notwithstanding the second sentence of paragraph (1) of this
subsection, the Administrator shall make a preliminary detailed
estimate called for by subparagraph (B) of such paragraph and shall
submit such preliminary detailed estimate to the Congress no later
than September 3, 1974. The Administrator shall require each State
to prepare an estimate of cost for such State, and shall utilize
the survey form EPA-1, O.M.B. No. 158-R0017, prepared for the 1973
detailed estimate, except that such estimate shall include all
costs of compliance with section 1281(g)(2)(A) of this title and
water quality standards established pursuant to section 1313 of
this title, and all costs of treatment works as defined in section
1292(2) of this title, including all eligible costs of constructing
sewage collection systems and correcting excessive infiltration or
inflow and all eligible costs of correcting combined storm and
sanitary sewer problems and treating storm water flows. The survey
form shall be distributed by the Administrator to each State no
later than January 31, 1974.
(c) Status of combined sewer overflows in municipal treatment works
operations
The Administrator shall submit to the Congress by October 1,
1978, a report on the status of combined sewer overflows in
municipal treatment works operations. The report shall include (1)
the status of any projects funded under this chapter to address
combined sewer overflows (2) a listing by State of combined sewer
overflow needs identified in the 1977 State priority listings, (3)
an estimate for each applicable municipality of the number of years
necessary, assuming an annual authorization and appropriation for
the construction grants program of $5,000,000,000, to correct
combined sewer overflow problems, (4) an analysis using
representative municipalities faced with major combined sewer
overflow needs, of the annual discharges of pollutants from
overflows in comparison to treated effluent discharges, (5) an
analysis of the technological alternatives available to
municipalities to correct major combined sewer overflow problems,
and (6) any recommendations of the Administrator for legislation to
address the problem of combined sewer overflows, including whether
a separate authorization and grant program should be established by
the Congress to address combined sewer overflows.
(d) Legislative recommendations on program requiring coordination
between water supply and wastewater control plans as condition
for construction grants; public hearing
The Administrator, in cooperation with the States, including
water pollution control agencies, and other water pollution control
planning agencies, and water supply and water resources agencies of
the States and the United States shall submit to Congress, within
two years of December 27, 1977, a report with recommendations for
legislation on a program to require coordination between water
supply and wastewater control plans as a condition to grants for
construction of treatment works under this chapter. No such report
shall be submitted except after opportunity for public hearings on
such proposed report.
(e) State revolving fund report
(1) In general
Not later than February 10, 1990, the Administrator shall
submit to Congress a report on the financial status and
operations of water pollution control revolving funds established
by the States under subchapter VI of this chapter. The
Administrator shall prepare such report in cooperation with the
States, including water pollution control agencies and other
water pollution control planning and financing agencies.
(2) Contents
The report under this subsection shall also include the
following:
(A) an inventory of the facilities that are in significant
noncompliance with the enforceable requirements of this
chapter;
(B) an estimate of the cost of construction necessary to
bring such facilities into compliance with such requirements;
(C) an assessment of the availability of sources of funds for
financing such needed construction, including an estimate of
the amount of funds available for providing assistance for such
construction through September 30, 1999, from the water
pollution control revolving funds established by the States
under subchapter VI of this chapter;
(D) an assessment of the operations, loan portfolio, and loan
conditions of such revolving funds;
(E) an assessment of the effect on user charges of the
assistance provided by such revolving funds compared to the
assistance provided with funds appropriated pursuant to section
1287 of this title; and
(F) an assessment of the efficiency of the operation and
maintenance of treatment works constructed with assistance
provided by such revolving funds compared to the efficiency of
the operation and maintenance of treatment works constructed
with assistance provided under section 1281 of this title.

-SOURCE-
(June 30, 1948, ch. 758, title V, Sec. 516, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 895; amended Pub. L.
93-243, Sec. 4, Jan. 2, 1974, 87 Stat. 1069; Pub. L. 95-217, Secs.
70-72, Dec. 27, 1977, 91 Stat. 1608, 1609; Pub. L. 100-4, title II,
Sec. 212(c), Feb. 4, 1987, 101 Stat. 27; Pub. L. 104-66, title II,
Sec. 2021(d), Dec. 21, 1995, 109 Stat. 727; Pub. L. 105-362, title
V, Sec. 501(d)(1), Nov. 10, 1998, 112 Stat. 3283; Pub. L. 107-303,
title III, Sec. 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)


-MISC1-
AMENDMENTS
2002 - Subsecs. (a) to (e). Pub. L. 107-303 repealed Pub. L.
105-362, Sec. 501(d)(1). See 1998 Amendment notes below.
1998 - Subsec. (a). Pub. L. 105-362, Sec. 501(d)(1)(A), which
directed the striking out of subsec. (a), was repealed by Pub. L.
107-303. See Effective Date of 2002 Amendment note below.
Subsec. (b). Pub. L. 105-362, Sec. 501(d), which directed the
striking out of par. (1) designation, redesignation of subpars. (A)
to (D) as pars. (1) to (4), respectively, and striking out of par.
(2), was repealed by Pub. L. 107-303. See Effective Date of 2002
Amendment note below.
Subsecs. (c) to (e). Pub. L. 105-362, Sec. 501(d)(1)(A), which
directed the striking out of subsecs. (c) to (e), was repealed by
Pub. L. 107-303. See Effective Date of 2002 Amendment note below.
1995 - Subsecs. (d), (e), (g). Pub. L. 104-66 redesignated
subsecs. (e) and (g) as (d) and (e), respectively, and struck out
former subsec. (d) which related to status reports on the use of
municipal secondary effluent and sludge for agricultural and other
purposes that utilize the nutrient value of treated wastewater
effluent.
1987 - Subsec. (g). Pub. L. 100-4 added subsec. (g).
1977 - Subsecs. (c) to (e). Pub. L. 95-217 added subsecs. (c) to
(e).
1974 - Subsec. (b). Pub. L. 93-243 designated existing paragraph
as par. (1) and cls. (1) to (4) as (A) to (D), and added par. (2).

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.

STUDIES AND REPORTS
Pub. L. 100-4, title III, Sec. 308(g), Feb. 4, 1987, 101 Stat.
40, directed Administrator to conduct a water quality improvement
study and report results of such study to specified Congressional
committees not later than 2 years after Feb. 4, 1987.
Pub. L. 100-4, title III, Sec. 314(b), Feb. 4, 1987, 101 Stat.
49, directed Secretary of the Army and Administrator to each
prepare a report on enforcement mechanisms and to submit the
reports to Congress not later than Dec. 1, 1988.
Pub. L. 100-4, title IV, Sec. 404(c), Feb. 4, 1987, 101 Stat. 69,
directed Administrator to study extent to which States have adopted
water quality standards in accordance with section 1313a of this
title and extent to which modifications of permits issued under
section 1342(a)(1)(B) of this title for the purpose of reflecting
revisions of water quality standards be encouraged and to submit a
report on such study to Congress not later than 2 years after Feb.
4, 1987, prior to repeal by Pub. L. 104-66, title II, Sec.
2021(e)(1), Dec. 21, 1995, 109 Stat. 727.
Pub. L. 100-4, title V, Sec. 516, Feb. 4, 1987, 101 Stat. 86,
directed Administrator to conduct a study of de minimis discharges
and report results of such study to specified Congressional
committees not later than 1 year after Feb. 4, 1987.
Pub. L. 100-4, title V, Sec. 517, Feb. 4, 1987, 101 Stat. 86,
directed Administrator to conduct a study of effectiveness of
innovative and alternative wastewater processes and techniques and
report results of such study to specified Congressional committees
not later than 1 year after Feb. 4, 1987.
Pub. L. 100-4, title V, Sec. 518, Feb. 4, 1987, 101 Stat. 86,
directed Administrator to conduct a study of testing procedures
established under section 1314(h) of this title for analysis of
pollutants and report results of such study to specified
Congressional committees not later than 1 year after Feb. 4, 1987.
Pub. L. 100-4, title V, Sec. 519, Feb. 4, 1987, 101 Stat. 87,
directed Administrator to conduct a study of pretreatment of toxic
pollutants and report results of such study to specified
Congressional committees not later than 4 years after Feb. 4, 1987.
Pub. L. 100-4, title V, Sec. 520, Feb. 4, 1987, 101 Stat. 87,
directed Administrator, in conjunction with State and local
agencies, to conduct studies of water pollution problems in
aquifers and report result of such studies to Congress not later
than 2 years after Feb. 4, 1987.
Pub. L. 100-4, title V, Sec. 522, Feb. 4, 1987, 101 Stat. 88,
directed Administrator to conduct a study on sulfide corrosion in
collection and treatment systems and report results of such study
to specified Congressional committees not later than 1 year after
Feb. 4, 1987.
Pub. L. 100-4, title V, Sec. 523, Feb. 4, 1987, 101 Stat. 89,
directed Administrator to conduct a study of rainfall induced
infiltration into sewer systems and report results of such study to
Congress not later than 1 year after Feb. 4, 1987.
Pub. L. 100-4, title V, Sec. 524, Feb. 4, 1987, 101 Stat. 89,
directed Administrator to conduct a study of dam water quality and
report results of such study to Congress not later than Dec. 31,
1987.
Pub. L. 100-4, title V, Sec. 525, Feb. 4, 1987, 101 Stat. 89,
directed Administrator to conduct a study of pollution in Lake Pend
Oreille, Idaho, and the Clark Fork River and its tributaries,
Idaho, Montana, and Washington, and to report to Congress findings
and recommendations.

DETAILED ESTIMATES, COMPREHENSIVE STUDY, AND COMPREHENSIVE
ANALYSIS; REPORT TO CONGRESS NOT LATER THAN DECEMBER 31, 1982
Pub. L. 97-117, Sec. 25, Dec. 29, 1981, 95 Stat. 1633, provided
that the Administrator of the Environmental Protection Agency
submit to the Congress, not later than December 31, 1982, a report
containing the detailed estimates, comprehensive study, and
comprehensive analysis required by section 1375(b) of this title,
including an estimate of the total cost and the amount of Federal
funds necessary for the construction of needed publicly owned
treatment facilities, such report to reflect the changes made in
the Federal water pollution control program by Pub. L. 97-117 [see
Short Title of 1981 Amendment note set out under section 1251 of
this title]. The Administrator was to give emphasis to the effects
of the amendment made by section 2(a) of Pub. L. 97-117 [amending
section 1281(g)(1) of this title] in addressing water quality needs
adequately and appropriately.

STUDY AND REPORT TO CONGRESS BY SECRETARY OF THE INTERIOR OF
FINANCING WATER POLLUTION PREVENTION, CONTROL, AND ABATEMENT
PROGRAMS
Pub. L. 91-224, title I, Sec. 109, Apr. 3, 1970, 34 Stat. 113,
directed the Secretary of the Interior to conduct a full and
complete investigation and study of the feasibility of all methods
of financing the cost of preventing, controlling, and abating water
pollution, other than methods authorized by existing law, with
results of such investigation and study to be reported to Congress
no later than Dec. 31, 1970, together with the recommendations of
the Secretary for financing the programs for preventing,
controlling, and abating water pollution for the fiscal years
beginning after fiscal year 1971, including any necessary
legislation.

TERMINATION OF ADVISORY BOARDS
Advisory boards in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5,
1973, unless, in the case of a board established by the President
or an officer of the Federal Government, such board is renewed by
appropriate action prior to the expiration of such 2-year period,
or in the case of a board established by the Congress, its duration
is otherwise provided by law, see sections 3(2) and 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to
Title 5, Government Organization and Employees.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1254, 1266, 1285, 1290,
1301 of this title.

-End-



-CITE-
33 USC Sec. 1375a 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-
Sec. 1375a. Report on coastal recreation waters

-STATUTE-
(a) In general
Not later than 4 years after October 10, 2000, and every 4 years
thereafter, the Administrator of the Environmental Protection
Agency shall submit to Congress a report that includes -
(1) recommendations concerning the need for additional water
quality criteria for pathogens and pathogen indicators and other
actions that should be taken to improve the quality of coastal
recreation waters;
(2) an evaluation of Federal, State, and local efforts to
implement this Act, including the amendments made by this Act;
and
(3) recommendations on improvements to methodologies and
techniques for monitoring of coastal recreation waters.
(b) Coordination
The Administrator of the Environmental Protection Agency may
coordinate the report under this section with other reporting
requirements under the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.).

-SOURCE-
(Pub. L. 106-284, Sec. 7, Oct. 10, 2000, 114 Stat. 876.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (a)(2), is Pub. L. 106-284, Oct.
10, 2000, 114 Stat. 870, known as the Beaches Environmental
Assessment and Coastal Health Act of 2000. For complete
classification of this Act to the Code, see Short Title of 2000
Amendment note set out under section 1251 of this title and Tables.
The Federal Water Pollution Control Act, referred to in subsec.
(b), is act June 30, 1948, ch. 758, as amended generally by Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified
generally to this chapter. For complete classification of this Act
to the Code, see Short Title note set out under section 1251 of
this title and Tables.

-COD-
CODIFICATION
Section was enacted as part of the Beaches Environmental
Assessment and Coastal Health Act of 2000, and not as part of the
Federal Water Pollution Control Act which comprises this chapter.

-End-



-CITE-
33 USC Sec. 1376 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-
Sec. 1376. Authorization of appropriations

-STATUTE-
There are authorized to be appropriated to carry out this
chapter, other than sections 1254, 1255, 1256(a), 1257, 1258, 1262,
1263, 1264, 1265, 1286, 1287, 1288(f) and (h), 1289, 1314, 1321(c),
(d), (i), (l), and (k),(!1) 1324, 1325, and 1327 of this title,
$250,000,000 for the fiscal year ending June 30, 1973, $300,000,000
for the fiscal year ending June 30, 1974, $350,000,000 for the
fiscal year ending June 30, 1975, $100,000,000 for the fiscal year
ending September 30, 1977, $150,000,000 for the fiscal year ending
September 30, 1978, $150,000,000 for the fiscal year ending
September 30, 1979, $150,000,000 for the fiscal year ending
September 30, 1980, $150,000,000 for the fiscal year ending
September 30, 1981, $161,000,000 for the fiscal year ending
September 30, 1982, such sums as may be necessary for fiscal years
1983 through 1985, and $135,000,000 per fiscal year for each of the
fiscal years 1986 through 1990.


-SOURCE-
(June 30, 1948, ch. 758, title V, Sec. 517, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 896; amended Pub. L.
95-217, Sec. 4(g), Dec. 27, 1977, 91 Stat. 1567; Pub. L. 96-483,
Sec. 1(g), Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100-4, title I,
Sec. 101(h), Feb. 4, 1987, 101 Stat. 9.)

-REFTEXT-
REFERENCES IN TEXT
Section 1321(k) of this title, referred to in text, was repealed
by Pub. L. 101-380, title II, Sec. 2002(b)(2), Aug. 18, 1990, 104
Stat. 507.


-MISC1-
AMENDMENTS
1987 - Pub. L. 100-4 struck out "and" after "1981," and inserted
", such sums as may be necessary for fiscal years 1983 through
1985, and $135,000,000 per fiscal year for each of the fiscal years
1986 through 1990" after "1982".
1980 - Pub. L. 96-483 inserted authorization of $150,000,000 for
fiscal year ending Sept. 30, 1981 and $161,000,000 for fiscal year
ending Sept. 30, 1982.
1977 - Pub. L. 95-217 substituted "$350,000,000 for the fiscal
year ending June 30, 1975, $100,000,000 for the fiscal year ending
September 30, 1977, $150,000,000 for the fiscal year ending
September 30, 1978, $150,000,000 for the fiscal year ending
September 30, 1979, and $150,000,000 for the fiscal year ending
September 30, 1980" for "and $350,000,000 for the fiscal year
ending June 30, 1975".

AUTHORIZATION APPROVAL FOR FUNDS APPROPRIATED BEFORE DECEMBER 27,
1977, FOR EXPENDITURES THROUGH FISCAL YEAR ENDING SEPTEMBER 30,
1977
Section 3 of Pub. L. 95-217 provided that funds appropriated
before Dec. 27, 1977 for expenditure during the fiscal year ending
June 30, 1976, the transition quarter ending September 30, 1976,
and the fiscal year ending September 30, 1977, under authority of
this chapter were authorized for those purposes for which
appropriated.

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


-End-



-CITE-
33 USC Sec. 1377 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-
Sec. 1377. Indian tribes

-STATUTE-
(a) Policy
Nothing in this section shall be construed to affect the
application of section 1251(g) of this title, and all of the
provisions of this section shall be carried out in accordance with
the provisions of such section 1251(g) of this title. Indian tribes
shall be treated as States for purposes of such section 1251(g) of
this title.
(b) Assessment of sewage treatment needs; report
The Administrator, in cooperation with the Director of the Indian
Health Service, shall assess the need for sewage treatment works to
serve Indian tribes, the degree to which such needs will be met
through funds allotted to States under section 1285 of this title
and priority lists under section 1296 of this title, and any
obstacles which prevent such needs from being met. Not later than
one year after February 4, 1987, the Administrator shall submit a
report to Congress on the assessment under this subsection, along
with recommendations specifying (1) how the Administrator intends
to provide assistance to Indian tribes to develop waste treatment
management plans and to construct treatment works under this
chapter, and (2) methods by which the participation in and
administration of programs under this chapter by Indian tribes can
be maximized.
(c) Reservation of funds
The Administrator shall reserve each fiscal year beginning after
September 30, 1986, before allotments to the States under section
1285(e) of this title, one-half of one percent of the sums
appropriated under section 1287 of this title. Sums reserved under
this subsection shall be available only for grants for the
development of waste treatment management plans and for the
construction of sewage treatment works to serve Indian tribes, as
defined in subsection (h) of this section and former Indian
reservations in Oklahoma (as determined by the Secretary of the
Interior) and Alaska Native Villages as defined in Public Law
92-203 [43 U.S.C. 1601 et seq.].
(d) Cooperative agreements
In order to ensure the consistent implementation of the
requirements of this chapter, an Indian tribe and the State or
States in which the lands of such tribe are located may enter into
a cooperative agreement, subject to the review and approval of the
Administrator, to jointly plan and administer the requirements of
this chapter.
(e) Treatment as States
The Administrator is authorized to treat an Indian tribe as a
State for purposes of subchapter II of this chapter and sections
1254, 1256, 1313, 1315, 1318, 1319, 1324, 1329, 1341, 1342, 1344,
and 1346 of this title to the degree necessary to carry out the
objectives of this section, but only if -
(1) the Indian tribe has a governing body carrying out
substantial governmental duties and powers;
(2) the functions to be exercised by the Indian tribe pertain
to the management and protection of water resources which are
held by an Indian tribe, held by the United States in trust for
Indians, held by a member of an Indian tribe if such property
interest is subject to a trust restriction on alienation, or
otherwise within the borders of an Indian reservation; and
(3) the Indian tribe is reasonably expected to be capable, in
the Administrator's judgment, of carrying out the functions to be
exercised in a manner consistent with the terms and purposes of
this chapter and of all applicable regulations.

Such treatment as a State may include the direct provision of funds
reserved under subsection (c) of this section to the governing
bodies of Indian tribes, and the determination of priorities by
Indian tribes, where not determined by the Administrator in
cooperation with the Director of the Indian Health Service. The
Administrator, in cooperation with the Director of the Indian
Health Service, is authorized to make grants under subchapter II of
this chapter in an amount not to exceed 100 percent of the cost of
a project. Not later than 18 months after February 4, 1987, the
Administrator shall, in consultation with Indian tribes, promulgate
final regulations which specify how Indian tribes shall be treated
as States for purposes of this chapter. The Administrator shall, in
promulgating such regulations, consult affected States sharing
common water bodies and provide a mechanism for the resolution of
any unreasonable consequences that may arise as a result of
differing water quality standards that may be set by States and
Indian tribes located on common bodies of water. Such mechanism
shall provide for explicit consideration of relevant factors
including, but not limited to, the effects of differing water
quality permit requirements on upstream and downstream dischargers,
economic impacts, and present and historical uses and quality of
the waters subject to such standards. Such mechanism should provide
for the avoidance of such unreasonable consequences in a manner
consistent with the objective of this chapter.
(f) Grants for nonpoint source programs
The Administrator shall make grants to an Indian tribe under
section 1329 of this title as though such tribe was a State. Not
more than one-third of one percent of the amount appropriated for
any fiscal year under section 1329 of this title may be used to
make grants under this subsection. In addition to the requirements
of section 1329 of this title, an Indian tribe shall be required to
meet the requirements of paragraphs (1), (2), and (3) of subsection
(d) (!1) of this section in order to receive such a grant.

(g) Alaska Native organizations
No provision of this chapter shall be construed to -
(1) grant, enlarge, or diminish, or in any way affect the scope
of the governmental authority, if any, of any Alaska Native
organization, including any federally-recognized tribe,
traditional Alaska Native council, or Native council organized
pursuant to the Act of June 18, 1934 (48 Stat. 987), over lands
or persons in Alaska;
(2) create or validate any assertion by such organization or
any form of governmental authority over lands or persons in
Alaska; or
(3) in any way affect any assertion that Indian country, as
defined in section 1151 of title 18, exists or does not exist in
Alaska.
(h) Definitions
For purposes of this section, the term -
(1) "Federal Indian reservation" means all land within the
limits of any Indian reservation under the jurisdiction of the
United States Government, notwithstanding the issuance of any
patent, and including rights-of-way running through the
reservation; and
(2) "Indian tribe" means any Indian tribe, band, group, or
community recognized by the Secretary of the Interior and
exercising governmental authority over a Federal Indian
reservation.

-SOURCE-
(June 30, 1948, ch. 758, title V, Sec. 518, as added Pub. L. 100-4,
title V, Sec. 506, Feb. 4, 1987, 101 Stat. 76; amended Pub. L.
100-581, title II, Sec. 207, Nov. 1, 1988, 102 Stat. 2940; Pub. L.
106-284, Sec. 6, Oct. 10, 2000, 114 Stat. 876.)

-REFTEXT-
REFERENCES IN TEXT
Public Law 92-203, referred to in subsec. (c), is Pub. L. 92-203,
Dec. 18, 1971, 85 Stat. 688, as amended, known as the Alaska Native
Claims Settlement Act, which is classified generally to chapter 33
(Sec. 1601 et seq.) of Title 43, Public Lands. The term "Alaska
Native Villages" is defined in section 3 of Pub. L. 92-203 which is
classified to section 1602 of Title 43. For complete classification
of this Act to the Code, see Short Title note set out under section
1601 of Title 43 and Tables.
Act of June 18, 1934 (48 Stat. 987), referred to in subsec.
(g)(1), is act June 18, 1934, ch. 576, 48 Stat. 984, as amended,
popularly known as the Indian Reorganization Act, which enacted
sections 461, 462, 463, 464, 465, 466 to 470, 471, 472, 473, 474,
475, 476 to 478, and 479 of Title 25, Indians. For complete
classification of this Act to the Code, see Short Title note set
out under section 461 of Title 25 and Tables.


-MISC1-
PRIOR PROVISIONS
A prior section 518 of act June 30, 1948, was renumbered section
519 and is set out as a note under section 1251 of this title.

AMENDMENTS
2000 - Subsec. (e). Pub. L. 106-284 substituted "1344, and 1346
of this title" for "and 1344 of this title" in introductory
provisions.
1988 - Subsec. (c). Pub. L. 100-581 inserted ", as defined in
subsection (h) of this section and former Indian reservations in
Oklahoma (as determined by the Secretary of the Interior) and
Alaska Native Villages as defined in Public Law 92-203" before
period at end.

GRANTS TO INDIAN TRIBES
Pub. L. 108-7, div. K, title III, Feb. 20, 2003, 117 Stat. 512,
provided in part: "That for fiscal year 2003, and notwithstanding
section 518(f) of the Act [Federal Water Pollution Control Act, 33
U.S.C. 1377(f)], the Administrator is authorized to use the amounts
appropriated for any fiscal year under section 319 of that Act [33
U.S.C. 1329] to make grants to Indian tribes pursuant to sections
319(h) and 518(e) of that Act".
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 107-73, title III, Nov. 26, 2001, 115 Stat. 685.
Pub. L. 106-377, Sec. 1(a)(1) [title III], Oct. 27, 2000, 114
Stat. 1441, 1441A-43.
Pub. L. 106-74, title III, Oct. 20, 1999, 113 Stat. 1083.

-FOOTNOTE-
(!1) So in original. Probably should be subsection "(e)".


-End-


-CITE-
33 USC SUBCHAPTER VI - STATE WATER POLLUTION CONTROL
REVOLVING FUNDS 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS

-HEAD-
SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS

-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 1285, 1330, 1375,
1414b of this title; title 42 section 300j-14.

-End-



-CITE-
33 USC Sec. 1381 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS

-HEAD-
Sec. 1381. Grants to States for establishment of revolving funds

-STATUTE-
(a) General authority
Subject to the provisions of this subchapter, the Administrator
shall make capitalization grants to each State for the purpose of
establishing a water pollution control revolving fund for providing
assistance (1) for construction of treatment works (as defined in
section 1292 of this title) which are publicly owned, (2) for
implementing a management program under section 1329 of this title,
and (3) for developing and implementing a conservation and
management plan under section 1330 of this title.
(b) Schedule of grant payments
The Administrator and each State shall jointly establish a
schedule of payments under which the Administrator will pay to the
State the amount of each grant to be made to the State under this
subchapter. Such schedule shall be based on the State's intended
use plan under section 1386(c) of this title, except that -
(1) such payments shall be made in quarterly installments, and
(2) such payments shall be made as expeditiously as possible,
but in no event later than the earlier of -
(A) 8 quarters after the date such funds were obligated by
the State, or
(B) 12 quarters after the date such funds were allotted to
the State.

-SOURCE-
(June 30, 1948, ch. 758, title VI, Sec. 601, as added Pub. L.
100-4, title II, Sec. 212(a), Feb. 4, 1987, 101 Stat. 22.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1301 of this title.

-End-



-CITE-
33 USC Sec. 1382 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS

-HEAD-
Sec. 1382. Capitalization grant agreements

-STATUTE-
(a) General rule
To receive a capitalization grant with funds made available under
this subchapter and section 1285(m) of this title, a State shall
enter into an agreement with the Administrator which shall include
but not be limited to the specifications set forth in subsection
(b) of this section.
(b) Specific requirements
The Administrator shall enter into an agreement under this
section with a State only after the State has established to the
satisfaction of the Administrator that -
(1) the State will accept grant payments with funds to be made
available under this subchapter and section 1285(m) of this title
in accordance with a payment schedule established jointly by the
Administrator under section 1381(b) of this title and will
deposit all such payments in the water pollution control
revolving fund established by the State in accordance with this
subchapter;
(2) the State will deposit in the fund from State moneys an
amount equal to at least 20 percent of the total amount of all
capitalization grants which will be made to the State with funds
to be made available under this subchapter and section 1285(m) of
this title on or before the date on which each quarterly grant
payment will be made to the State under this subchapter;
(3) the State will enter into binding commitments to provide
assistance in accordance with the requirements of this subchapter
in an amount equal to 120 percent of the amount of each such
grant payment within 1 year after the receipt of such grant
payment;
(4) all funds in the fund will be expended in an expeditious
and timely manner;
(5) all funds in the fund as a result of capitalization grants
under this subchapter and section 1285(m) of this title will
first be used to assure maintenance of progress, as determined by
the Governor of the State, toward compliance with enforceable
deadlines, goals, and requirements of this chapter, including the
municipal compliance deadline;
(6) treatment works eligible under section 1383(c)(1) of this
title which will be constructed in whole or in part before fiscal
year 1995 with funds directly made available by capitalization
grants under this subchapter and section 1285(m) of this title
will meet the requirements of, or otherwise be treated (as
determined by the Governor of the State) under sections 1281(b),
1281(g)(1), 1281(g)(2), 1281(g)(3), 1281(g)(5), 1281(g)(6),
1281(n)(1), 1281(o), 1284(a)(1), 1284(a)(2), 1284(b)(1),
1284(d)(2), 1291, 1298, 1371(c)(1), and 1372 of this title in the
same manner as treatment works constructed with assistance under
subchapter II of this chapter;
(7) in addition to complying with the requirements of this
subchapter, the State will commit or expend each quarterly grant
payment which it will receive under this subchapter in accordance
with laws and procedures applicable to the commitment or
expenditure of revenues of the State;
(8) in carrying out the requirements of section 1386 of this
title, the State will use accounting, audit, and fiscal
procedures conforming to generally accepted government accounting
standards;
(9) the State will require as a condition of making a loan or
providing other assistance, as described in section 1383(d) of
this title, from the fund that the recipient of such assistance
will maintain project accounts in accordance with generally
accepted government accounting standards; and
(10) the State will make annual reports to the Administrator on
the actual use of funds in accordance with section 1386(d) of
this title.

-SOURCE-
(June 30, 1948, ch. 758, title VI, Sec. 602, as added Pub. L.
100-4, title II, Sec. 212(a), Feb. 4, 1987, 101 Stat. 22.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1385, 1386 of this title.

-End-



-CITE-
33 USC Sec. 1383 01/19/04

-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER VI - STATE WATER POLLUTION CONTROL REVOLVING FUNDS

-HEAD-
Sec. 1383. Water pollution control revolving loan funds

-STATUTE-
(a) Requirements for obligation of grant funds
Before a State may receive a capitalization grant with funds made
available under this subchapter and section 1285(m) of this title,
the State shall first establish a water pollution control revolving
fund which complies with the requirements of this section.
(b) Administration
Each State water pollution control revolving fund shall be
administered by an instrumentality of the State with such powers
and limitations as may be required to operate such fund in
accordance with the requirements and objectives of this chapter.
(c) Projects eligible for assistance
The amounts of funds available to each State water pollution
control revolving fund shall be used only for providing financial
assistance (1) to any municipality, intermunicipal, interstate, or
State agency for construction of publicly owned treatment works (as
defined in section 1292 of this title), (2) for the implementation
of a management program established under section 1329 of this
title, and (3) for development and implementation of a conservation
and management plan under section 1330 of this title. The fund
shall be established, maintained, and credited with repayments, and
the fund balance shall be available in perpetuity for providing
such financial assistance.
(d) Types of assistance
Except as otherwise limited by State law, a water pollution
control revolving fund of a State under this section may be used
only -
(1) to make loans, on the condition that -
(A) such loans are made at or below market interest rates,
including interest free loans, at terms not to exceed 20 years;
(B) annual principal and interest payments will commence not
later than 1 year after completion of any project and all loans
will be fully amortized not later than 20 years after project
completion;
(C) the recipient of a loan will establish a dedicated source
of revenue for repayment of loans; and
(D) the fund will be credited with all payments of principal
and interest on all loans;

(2) to buy or refinance the debt obligation of municipalities
and intermunicipal and interstate agencies within the State at or
below market rates, where such debt obligations were incurred
after March 7, 1985;
(3) to guarantee, or purchase insurance for, local obligations
where such action would improve credit market access or reduce
interest rates;
(4) as a source of revenue or security for the payment of
principal and interest on revenue or general obligation bonds
issued by the State if the proceeds of the sale of such bonds
will be deposited in the fund;
(5) to provide loan guarantees for similar revolving funds
established by municipalities or intermunicipal agencies;
(6) to earn interest on fund accounts; and
(7) for the reasonable costs of administering the fund and
conducting activities under this subchapter, except that such
amounts shall not exceed 4 percent of all grant awards to such
fund under this subchapter.
(e) Limitation to prevent double benefits
If a State makes, from its water pollution revolving fund, a loan
which will finance the cost of facility planning and the
preparation of plans, specifications, and estimates for
construction of publicly owned treatment works, the State shall
ensure that if the recipient of such loan receives a grant under
section 1281(g) of this title for construction of such treatment
works and an allowance under section 1281(l)(1) of this title for
non-Federal funds expended for such planning and preparation, such
recipient will promptly repay such loan to the extent of such
allowance.
(f) Consistency with planning requirements
A State may provide financial assistance from its water pollution
control revolving fund only with respect to a project which is
consistent with plans, if any, developed under sections 1285(j),
1288, 1313(e), 1329, and 1330 of this title.
(g) Priority list requirement
The State may provide financial assistance from its water
pollution control revolving fund only with respect to a project for
construction of a treatment works described in subsection (c)(1) of
this section if such project is on the State's priority list under
section 1296 of this title. Such assistance may be provided
regardless of the rank of such project on such list. (continued)