Loading (50 kb)...'
(continued)
Department of Agriculture, insofar as they involve lands and
programs under jurisdiction of that Department, related to
compliance with this chapter with respect to pre-construction,
construction, and initial operation of transportation system for
Canadian and Alaskan natural gas were transferred to the Federal
Inspector, Office of Federal Inspector for the Alaska Natural Gas
Transportation System, until the first anniversary of date of
initial operation of the Alaska Natural Gas Transportation System,
see Reorg. Plan No. 1 of 1979, Secs. 102(f), 203(a), 44 F.R. 33663,
33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the
Appendix to Title 5, Government Organization and Employees. Office
of Federal Inspector for the Alaska Natural Gas Transportation
System abolished and functions and authority vested in Inspector
transferred to Secretary of Energy by section 3012(b) of Pub. L.
102-486, set out as an Abolition of Office of Federal Inspector
note under section 719e of Title 15, Commerce and Trade.
-MISC3-
COLUMBIA RIVER BASIN SYSTEM; PROTECTION FROM OIL SPILLS AND
DISCHARGES; CRITERIA FOR EVALUATION AND REPORT TO CONGRESS BY
COMMANDANT OF COAST GUARD IN CONSULTATION WITH FEDERAL, ETC.,
AGENCIES
Pub. L. 95-308, Sec. 8, June 30, 1978, 92 Stat. 359, set forth
Congressional findings and declarations and evaluation criteria
with respect to protection from oil spills and discharges and
betterment of the Columbia River Basin system, with such evaluation
by the Commandant of the Coast Guard to begin within 180 days after
June 30, 1978, and immediate submission of the evaluation to
appropriate Congressional committees.
-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 1254a, 1255, 1263, 1314,
1322, 1330, 1376, 1377 of this title.
-End-
-CITE-
33 USC Sec. 1254a 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. 1254a. Research on effects of pollutants
-STATUTE-
In carrying out the provisions of section 1254(a) of this title,
the Administrator shall conduct research on the harmful effects on
the health and welfare of persons caused by pollutants in water, in
conjunction with the United States Fish and Wildlife Service, the
National Oceanic and Atmospheric Administration, and other Federal,
State, and interstate agencies carrying on such research. Such
research shall include, and shall place special emphasis on, the
effect that bioaccumulation of these pollutants in aquatic species
has upon reducing the value of aquatic commercial and sport
industries. Such research shall further study methods to reduce and
remove these pollutants from the relevant affected aquatic species
so as to restore and enhance these valuable resources.
-SOURCE-
(Pub. L. 100-4, title I, Sec. 105, Feb. 4, 1987, 101 Stat. 15.)
-COD-
CODIFICATION
Section was enacted as part of the Water Quality Act of 1987, and
not as part of the Federal Water Pollution Control Act which
comprises this chapter.
-CROSS-
DEFINITION
Administrator means the Administrator of the Environmental
Protection Agency, see section 1(d) of Pub. L. 100-4, set out as a
note under section 1251 of this title.
-End-
-CITE-
33 USC Sec. 1255 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. 1255. Grants for research and development
-STATUTE-
(a) Demonstration projects covering storm waters, advanced waste
treatment and water purification methods, and joint treatment
systems for municipal and industrial wastes
The Administrator is authorized to conduct in the Environmental
Protection Agency, and to make grants to any State, municipality,
or intermunicipal or interstate agency for the purpose of assisting
in the development of -
(1) any project which will demonstrate a new or improved method
of preventing, reducing, and eliminating the discharge into any
waters of pollutants from sewers which carry storm water or both
storm water and pollutants; or
(2) any project which will demonstrate advanced waste treatment
and water purification methods (including the temporary use of
new or improved chemical additives which provide substantial
immediate improvements to existing treatment processes), or new
or improved methods of joint treatment systems for municipal and
industrial wastes;
and to include in such grants such amounts as are necessary for the
purpose of reports, plans, and specifications in connection
therewith.
(b) Demonstration projects for advanced treatment and environmental
enhancement techniques to control pollution in river basins
The Administrator is authorized to make grants to any State or
States or interstate agency to demonstrate, in river basins or
portions thereof, advanced treatment and environmental enhancement
techniques to control pollution from all sources, within such
basins or portions thereof, including nonpoint sources, together
with in stream (!1) water quality improvement techniques.
(c) Research and demonstration projects for prevention of water
pollution by industry
In order to carry out the purposes of section 1311 of this title,
the Administrator is authorized to (1) conduct in the Environmental
Protection Agency, (2) make grants to persons, and (3) enter into
contracts with persons, for research and demonstration projects for
prevention of pollution of any waters by industry including, but
not limited to, the prevention, reduction, and elimination of the
discharge of pollutants. No grant shall be made for any project
under this subsection unless the Administrator determines that such
project will develop or demonstrate a new or improved method of
treating industrial wastes or otherwise prevent pollution by
industry, which method shall have industrywide application.
(d) Accelerated and priority development of waste management and
waste treatment methods and identification and measurement
methods
In carrying out the provisions of this section, the Administrator
shall conduct, on a priority basis, an accelerated effort to
develop, refine, and achieve practical application of:
(1) waste management methods applicable to point and nonpoint
sources of pollutants to eliminate the discharge of pollutants,
including, but not limited to, elimination of runoff of
pollutants and the effects of pollutants from inplace or
accumulated sources;
(2) advanced waste treatment methods applicable to point and
nonpoint sources, including inplace or accumulated sources of
pollutants, and methods for reclaiming and recycling water and
confining pollutants so they will not migrate to cause water or
other environmental pollution; and
(3) improved methods and procedures to identify and measure the
effects of pollutants on the chemical, physical, and biological
integrity of water, including those pollutants created by new
technological developments.
(e) Research and demonstration projects covering agricultural
pollution and pollution from sewage in rural areas; dissemination
of information
(1) The Administrator is authorized to (A) make, in consultation
with the Secretary of Agriculture, grants to persons for research
and demonstration projects with respect to new and improved methods
of preventing, reducing, and eliminating pollution from
agriculture, and (B) disseminate, in cooperation with the Secretary
of Agriculture, such information obtained under this subsection,
section 1254(p) of this title, and section 1314 of this title as
will encourage and enable the adoption of such methods in the
agricultural industry.
(2) The Administrator is authorized, (A) in consultation with
other interested Federal agencies, to make grants for demonstration
projects with respect to 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, community-wide 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, and (B) in cooperation with other
interested Federal and State agencies, to disseminate such
information obtained under this subsection as will encourage and
enable the adoption of new and improved methods developed pursuant
to this subsection.
(f) Limitations
Federal grants under subsection (a) of this section shall be
subject to the following limitations:
(1) No grant shall be made for any project unless such project
shall have been approved by the appropriate State water pollution
control agency or agencies and by the Administrator;
(2) No grant shall be made for any project in an amount
exceeding 75 per centum of cost thereof as determined by the
Administrator; and
(3) No grant shall be made for any project unless the
Administrator determines that such project will serve as a useful
demonstration for the purpose set forth in clause (1) or (2) of
subsection (a) of this section.
(g) Maximum grants
Federal grants under subsections (c) and (d) of this section
shall not exceed 75 per centum of the cost of the project.
(h) Authorization of appropriations
For the purpose of this section there is authorized to be
appropriated $75,000,000 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, and from such appropriations at least 10
per centum of the funds actually appropriated in each fiscal year
shall be available only for the purposes of subsection (e) of this
section.
(i) Assistance for research and demonstration projects
The Administrator is authorized to make grants to a municipality
to assist in the costs of operating and maintaining a project which
received a grant under this section, section 1254 of this title, or
section 1263 of this title prior to December 27, 1977, so as to
reduce the operation and maintenance costs borne by the recipients
of services from such project to costs comparable to those for
projects assisted under subchapter II of this chapter.
(j) Assistance for recycle, reuse, and land treatment projects
The Administrator is authorized to make a grant to any grantee
who received an increased grant pursuant to section 1282(a)(2) of
this title. Such grant may pay up to 100 per centum of the costs of
technical evaluation of the operation of the treatment works, costs
of training of persons (other than employees of the grantee), and
costs of disseminating technical information on the operation of
the treatment works.
-SOURCE-
(June 30, 1948, ch. 758, title I, Sec. 105, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 825; amended Pub. L.
93-592, Sec. 2, Jan. 2, 1975, 88 Stat. 1925; Pub. L. 95-217, Secs.
8, 9, Dec. 27, 1977, 91 Stat. 1568.)
-MISC1-
AMENDMENTS
1977 - Subsecs. (i), (j). Pub. L. 95-217 added subsecs. (i) and
(j).
1975 - Subsec. (h). Pub. L. 93-592 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,".
-TRANS-
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official in
Department of Agriculture, insofar as they involve lands and
programs under jurisdiction of that Department, related to
compliance with this chapter with respect to pre-construction,
construction, and initial operation of transportation system for
Canadian and Alaskan natural gas were transferred to the Federal
Inspector, Office of Federal Inspector for the Alaska Natural Gas
Transportation System, until the first anniversary of date of
initial operation of the Alaska Natural Gas Transportation System,
see Reorg. Plan No. 1 of 1979, Secs. 102(f), 203(a), 44 F.R. 33663,
33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the
Appendix to Title 5, Government Organization and Employees. Office
of Federal Inspector for the Alaska Natural Gas Transportation
System abolished and functions and authority vested in Inspector
transferred to Secretary of Energy by section 3012(b) of Pub. L.
102-486, set out as an Abolition of Office of Federal Inspector
note under section 719e of Title 15, Commerce and Trade.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1254, 1263, 1376 of this
title.
-FOOTNOTE-
(!1) So in original.
-End-
-CITE-
33 USC Sec. 1256 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. 1256. Grants for pollution control programs
-STATUTE-
(a) Authorization of appropriations for State and interstate
programs
There are hereby authorized to be appropriated the following
sums, to remain available until expended, to carry out the purpose
of this section -
(1) $60,000,000 for the fiscal year ending June 30, 1973; and
(2) $75,000,000 for the fiscal year ending June 30, 1974, and
the fiscal year ending June 30, 1975, $100,000,000 per fiscal
year for the fiscal years 1977, 1978, 1979, and 1980, $75,000,000
per fiscal year for the fiscal years 1981 and 1982, such sums as
may be necessary for fiscal years 1983 through 1985, and
$75,000,000 per fiscal year for each of the fiscal years 1986
through 1990;
for grants to States and to interstate agencies to assist them in
administering programs for the prevention, reduction, and
elimination of pollution, including enforcement directly or through
appropriate State law enforcement officers or agencies.
(b) Allotments
From the sums appropriated in any fiscal year, the Administrator
shall make allotments to the several States and interstate agencies
in accordance with regulations promulgated by him on the basis of
the extent of the pollution problem in the respective States.
(c) Maximum annual payments
The Administrator is authorized to pay to each State and
interstate agency each fiscal year either -
(1) the allotment of such State or agency for such fiscal year
under subsection (b) of this section, or
(2) the reasonable costs as determined by the Administrator of
developing and carrying out a pollution program by such State or
agency during such fiscal year,
which ever amount is the lesser.
(d) Limitations
No grant shall be made under this section to any State or
interstate agency for any fiscal year when the expenditure of
non-Federal funds by such State or interstate agency during such
fiscal year for the recurrent expenses of carrying out its
pollution control program are less than the expenditure by such
State or interstate agency of non-Federal funds for such recurrent
program expenses during the fiscal year ending June 30, 1971.
(e) Grants prohibited to States not establishing water quality
monitoring procedures or adequate emergency and contingency plans
Beginning in fiscal year 1974 the Administrator shall not make
any grant under this section to any State which has not provided or
is not carrying out as a part of its program -
(1) the establishment and operation of appropriate devices,
methods, systems, and procedures necessary to monitor, and to
compile and analyze data on (including classification according
to eutrophic condition), the quality of navigable waters and to
the extent practicable, ground waters including biological
monitoring; and provision for annually updating such data and
including it in the report required under section 1315 of this
title;
(2) authority comparable to that in section 1364 of this title
and adequate contingency plans to implement such authority.
(f) Conditions
Grants shall be made under this section on condition that -
(1) Such State (or interstate agency) files with the
Administrator within one hundred and twenty days after October
18, 1972:
(A) a summary report of the current status of the State
pollution control program, including the criteria used by the
State in determining priority of treatment works; and
(B) such additional information, data, and reports as the
Administrator may require.
(2) No federally assumed enforcement as defined in section
1319(a)(2) of this title is in effect with respect to such State
or interstate agency.
(3) Such State (or interstate agency) submits within one
hundred and twenty days after October 18, 1972, and before
October 1 of each year thereafter for the Administrator's
approval of its program for the prevention, reduction, and
elimination of pollution in accordance with purposes and
provisions of this chapter in such form and content as the
Administrator may prescribe.
(g) Reallotment of unpaid allotments
Any sums allotted under subsection (b) of this section in any
fiscal year which are not paid shall be reallotted by the
Administrator in accordance with regulations promulgated by him.
-SOURCE-
(June 30, 1948, ch. 758, title I, Sec. 106, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 827; amended Pub. L.
93-592, Sec. 3, Jan. 2, 1975, 88 Stat. 1925; Pub. L. 94-273, Sec.
3(20), Apr. 21, 1976, 90 Stat. 377; Pub. L. 95-217, Sec. 4(c), Dec.
27, 1977, 91 Stat. 1566; Pub. L. 96-483, Sec. 1(b), Oct. 21, 1980,
94 Stat. 2360; Pub. L. 100-4, title I, Sec. 101(b), Feb. 4, 1987,
101 Stat. 9.)
-MISC1-
AMENDMENTS
1987 - Subsec. (a)(2). Pub. L. 100-4 inserted ", such sums as may
be necessary for fiscal years 1983 through 1985, and $75,000,000
per fiscal year for each of the fiscal years 1986 through 1990"
after "1982".
1980 - Subsec. (a)(2). Pub. L. 96-483 inserted authorization of
the sum of $75,000,000 per fiscal year for fiscal years 1981 and
1982.
1977 - Subsec. (a)(2). Pub. L. 95-217 substituted "and the fiscal
year ending June 30, 1975, $100,000,000 per fiscal year for the
fiscal years 1977, 1978, 1979, and 1980" for "and the fiscal year
ending June 30, 1975".
1976 - Subsec. (f)(3). Pub. L. 94-273 substituted "October" for
"July".
1975 - Subsec. (a)(2). Pub. L. 93-592 substituted "June 30, 1974,
and the fiscal year ending June 30, 1975;" for "June 30, 1974;".
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1376, 1377 of this title.
-End-
-CITE-
33 USC Sec. 1257 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. 1257. Mine water pollution control demonstrations
-STATUTE-
(a) Comprehensive approaches to elimination or control of mine
water pollution
The Administrator in cooperation with the Appalachian Regional
Commission and other Federal agencies is authorized to conduct, to
make grants for, or to contract for, projects to demonstrate
comprehensive approaches to the elimination or control of acid or
other mine water pollution resulting from active or abandoned
mining operations and other environmental pollution affecting water
quality within all or part of a watershed or river basin, including
siltation from surface mining. Such projects shall demonstrate the
engineering and economic feasibility and practicality of various
abatement techniques which will contribute substantially to
effective and practical methods of acid or other mine water
pollution elimination or control, and other pollution affecting
water quality, including techniques that demonstrate the
engineering and economic feasibility and practicality of using
sewage sludge materials and other municipal wastes to diminish or
prevent pollution affecting water quality from acid, sedimentation,
or other pollutants and in such projects to restore affected lands
to usefulness for forestry, agriculture, recreation, or other
beneficial purposes.
(b) Consistency of projects with objectives of subtitle IV of title
40
Prior to undertaking any demonstration project under this section
in the Appalachian region (as defined in section 14102(a)(1) and
(b) of title 40), the Appalachian Regional Commission shall
determine that such demonstration project is consistent with the
objectives of subtitle IV of title 40.
(c) Watershed selection
The Administrator, in selecting watersheds for the purposes of
this section, shall be satisfied that the project area will not be
affected adversely by the influx of acid or other mine water
pollution from nearby sources.
(d) Conditions upon Federal participation
Federal participation in such projects shall be subject to the
conditions -
(1) that the State shall acquire any land or interests therein
necessary for such project; and
(2) that the State shall provide legal and practical protection
to the project area to insure against any activities which will
cause future acid or other mine water pollution.
(e) Authorization of appropriations
There is authorized to be appropriated $30,000,000 to carry out
the provisions of this section, which sum shall be available until
expended.
-SOURCE-
(June 30, 1948, ch. 758, title I, Sec. 107, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 828.)
-COD-
CODIFICATION
In subsec. (b), "section 14102(a)(1) and (b) of title 40"
substituted for "section 403 of the Appalachian Regional
Development Act of 1965, as amended" and "subtitle IV of title 40"
substituted for "the Appalachian Regional Development Act of 1965,
as amended" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21,
2002, 116 Stat. 1303, the first section of which enacted Title 40,
Public Buildings, Property, and Works.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1376 of this title.
-End-
-CITE-
33 USC Sec. 1257a 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. 1257a. State demonstration programs for cleanup of abandoned
mines for use as waste disposal sites; authorization of
appropriations
-STATUTE-
The Administrator of the Environmental Protection Agency is
authorized to make grants to States to undertake a demonstration
program for the cleanup of State-owned abandoned mines which can be
used as hazardous waste disposal sites. The State shall pay 10 per
centum of project costs. At a minimum, the Administrator shall
undertake projects under such program in the States of Ohio,
Illinois, and West Virginia. There are authorized to be
appropriated $10,000,000 per fiscal year for each of the fiscal
years ending September 30, 1982, September 30, 1983, and September
30, 1984, to carry out this section. Such projects shall be
undertaken in accordance with all applicable laws and regulations.
-SOURCE-
(Pub. L. 96-483, Sec. 12, Oct. 21, 1980, 94 Stat. 2363.)
-COD-
CODIFICATION
Section was not enacted as part of the Federal Water Pollution
Control Act which comprises this chapter.
-End-
-CITE-
33 USC Sec. 1258 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. 1258. Pollution control in the Great Lakes
-STATUTE-
(a) Demonstration projects
The Administrator, in cooperation with other Federal departments,
agencies, and instrumentalities is authorized to enter into
agreements with any State, political subdivision, interstate
agency, or other public agency, or combination thereof, to carry
out one or more projects to demonstrate new methods and techniques
and to develop preliminary plans for the elimination or control of
pollution, within all or any part of the watersheds of the Great
Lakes. Such projects shall demonstrate the engineering and economic
feasibility and practicality of removal of pollutants and
prevention of any polluting matter from entering into the Great
Lakes in the future and other reduction and remedial techniques
which will contribute substantially to effective and practical
methods of pollution prevention, reduction, or elimination.
(b) Conditions of Federal participation
Federal participation in such projects shall be subject to the
condition that the State, political subdivision, interstate agency,
or other public agency, or combination thereof, shall pay not less
than 25 per centum of the actual project costs, which payment may
be in any form, including, but not limited to, land or interests
therein that is needed for the project, and personal property or
services the value of which shall be determined by the
Administrator.
(c) Authorization of appropriations
There is authorized to be appropriated $20,000,000 to carry out
the provisions of subsections (a) and (b) of this section, which
sum shall be available until expended.
(d) Lake Erie demonstration program
(1) In recognition of the serious conditions which exist in Lake
Erie, the Secretary of the Army, acting through the Chief of
Engineers, is directed to design and develop a demonstration waste
water management program for the rehabilitation and environmental
repair of Lake Erie. Prior to the initiation of detailed
engineering and design, the program, along with the specific
recommendations of the Chief of Engineers, and recommendations for
its financing, shall be submitted to the Congress for statutory
approval. This authority is in addition to, and not in lieu of,
other waste water studies aimed at eliminating pollution emanating
from select sources around Lake Erie.
(2) This program is to be developed in cooperation with the
Environmental Protection Agency, other interested departments,
agencies, and instrumentalities of the Federal Government, and the
States and their political subdivisions. This program shall set
forth alternative systems for managing waste water on a regional
basis and shall provide local and State governments with a range of
choice as to the type of system to be used for the treatment of
waste water. These alternative systems shall include both advanced
waste treatment technology and land disposal systems including
aerated treatment-spray irrigation technology and will also include
provisions for the disposal of solid wastes, including sludge. Such
program should include measures to control point sources of
pollution, area sources of pollution, including acid-mine drainage,
urban runoff and rural runoff, and in place sources of pollution,
including bottom loads, sludge banks, and polluted harbor
dredgings.
(e) Authorization of appropriations for Lake Erie demonstration
program
There is authorized to be appropriated $5,000,000 to carry out
the provisions of subsection (d) of this section, which sum shall
be available until expended.
-SOURCE-
(June 30, 1948, ch. 758, title I, Sec. 108, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 828.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1376 of this title.
-End-
-CITE-
33 USC Sec. 1259 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. 1259. Training grants and contracts
-STATUTE-
(a) The Administrator is authorized to make grants to or
contracts with institutions of higher education, or combinations of
such institutions, to assist them in planning, developing,
strengthening, improving, or carrying out programs or projects for
the preparation of undergraduate students to enter an occupation
which involves the design, operation, and maintenance of treatment
works, and other facilities whose purpose is water quality control.
Such grants or contracts may include payment of all or part of the
cost of programs or projects such as -
(A) planning for the development or expansion of programs or
projects for training persons in the operation and maintenance of
treatment works;
(B) training and retraining of faculty members;
(C) conduct of short-term or regular session institutes for
study by persons engaged in, or preparing to engage in, the
preparation of students preparing to enter an occupation
involving the operation and maintenance of treatment works;
(D) carrying out innovative and experimental programs of
cooperative education involving alternate periods of full-time or
part-time academic study at the institution and periods of
full-time or part-time employment involving the operation and
maintenance of treatment works; and
(E) research into, and development of, methods of training
students or faculty, including the preparation of teaching
materials and the planning of curriculum.
(b)(1) The Administrator may pay 100 per centum of any additional
cost of construction of treatment works required for a facility to
train and upgrade waste treatment works operation and maintenance
personnel and for the costs of other State treatment works operator
training programs, including mobile training units, classroom
rental, specialized instructors, and instructional material.
(2) The Administrator shall make no more than one grant for such
additional construction in any State (to serve a group of States,
where, in his judgment, efficient training programs require
multi-State programs), and shall make such grant after consultation
with and approval by the State or States on the basis of (A) the
suitability of such facility for training operation and maintenance
personnel for treatment works throughout such State or States; and
(B) a commitment by the State agency or agencies to carry out at
such facility a program of training approved by the Administrator.
In any case where a grant is made to serve two or more States, the
Administrator is authorized to make an additional grant for a
supplemental facility in each such State.
(3) The Administrator may make such grant out of the sums
allocated to a State under section 1285 of this title, except that
in no event shall the Federal cost of any such training facilities
exceed $500,000.
(4) The Administrator may exempt a grant under this section from
any requirement under section 1284(a)(3) of this title. Any grantee
who received a grant under this section prior to enactment of the
Clean Water Act of 1977 shall be eligible to have its grant
increased by funds made available under such Act.
-SOURCE-
(June 30, 1948, ch. 758, title I, Sec. 109, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 829; amended Pub. L.
95-217, Sec. 10, Dec. 27, 1977, 91 Stat. 1568.)
-REFTEXT-
REFERENCES IN TEXT
Prior to the date of enactment of the Clean Water Act of 1977,
referred to in subsec. (b)(4), means prior to the enactment of Pub.
L. 95-217, Dec. 27, 1977, 91 Stat. 1566, which was approved Dec.
27, 1977.
Such Act, referred to in subsec. (b)(4), means Pub. L. 95-217,
Dec. 27, 1977, 91 Stat. 1566, as amended, known as the Clean Water
Act of 1977. For complete classification of this Act to the Code,
see Short Title of 1977 Amendment note set out under section 1251
of this title and Tables.
-MISC1-
AMENDMENTS
1977 - Subsec. (b)(1). Pub. L. 95-217, Sec. 10(c), (d),
substituted "cost of construction of treatment works required for a
facility to train and upgrade waste treatment works operation and
maintenance personnel and for the costs of other State treatment
works operator training programs, including mobile training units,
classroom rental, specialized instructors, and instructional
material" for "cost of construction of a treatment works required
for a facility to train and upgrade waste treatment works operation
and maintenance personnel".
Subsec. (b)(2). Pub. L. 95-217, Sec. 10(e), authorized
Administrator to make an additional grant for a supplemental
facility in each of the States in any case where a grant is made to
serve two or more States.
Subsec. (b)(3). Pub. L. 95-217, Sec. 10(a), substituted
"$500,000" for "$250,000".
Subsec. (b)(4). Pub. L. 95-217, Sec. 10(b), added par. (4).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1260, 1262, 1375 of this
title.
-End-
-CITE-
33 USC Sec. 1260 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. 1260. Applications; allocation
-STATUTE-
(1) A grant or contract authorized by section 1259 of this title
may be made only upon application to the Administrator at such time
or times and containing such information as he may prescribe,
except that no such application shall be approved unless it -
(A) sets forth programs, activities, research, or development
for which a grant is authorized under section 1259 of this title
and describes the relation to any program set forth by the
applicant in an application, if any, submitted pursuant to
section 1261 of this title;
(B) provides such fiscal control and fund accounting procedures
as may be necessary to assure proper disbursement of and
accounting for Federal funds paid to the applicant under this
section; and
(C) provides for making such reports, in such form and
containing such information, as the Administrator may require to
carry out his functions under this section, and for keeping such
records and for affording such access thereto as the
Administrator may find necessary to assure the correctness and
verification of such reports.
(2) The Administrator shall allocate grants or contracts under
section 1259 of this title in such manner as will most nearly
provide an equitable distribution of the grants or contracts
throughout the United States among institutions of higher education
which show promise of being able to use funds effectively for the
purpose of this section.
(3)(A) Payments under this section may be used in accordance with
regulations of the Administrator, and subject to the terms and
conditions set forth in an application approved under paragraph
(1), to pay part of the compensation of students employed in
connection with the operation and maintenance of treatment works,
other than as an employee in connection with the operation and
maintenance of treatment works or as an employee in any branch of
the Government of the United States, as part of a program for which
a grant has been approved pursuant to this section.
(B) Departments and agencies of the United States are encouraged,
to the extent consistent with efficient administration, to enter
into arrangements with institutions of higher education for the
full-time, part-time, or temporary employment, whether in the
competitive or excepted service, of students enrolled in programs
set forth in applications approved under paragraph (1).
-SOURCE-
(June 30, 1948, ch. 758, title I, Sec. 110, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 830.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1261, 1262, 1375 of this
title.
-End-
-CITE-
33 USC Sec. 1261 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. 1261. Scholarships
-STATUTE-
(1) The Administrator is authorized to award scholarships in
accordance with the provisions of this section for undergraduate
study by persons who plan to enter an occupation involving the
operation and maintenance of treatment works. Such scholarships
shall be awarded for such periods as the Administrator may
determine but not to exceed four academic years.
(2) The Administrator shall allocate scholarships under this
section among institutions of higher education with programs
approved under the provisions of this section for the use of
individuals accepted into such programs in such manner and
according to such plan as will insofar as practicable -
(A) provide an equitable distribution of such scholarships
throughout the United States; and
(B) attract recent graduates of secondary schools to enter an
occupation involving the operation and maintenance of treatment
works.
(3) The Administrator shall approve a program of any institution
of higher education for the purposes of this section only upon
application by the institution and only upon his finding -
(A) that such program has a principal objective the education
and training of persons in the operation and maintenance of
treatment works;
(B) that such program is in effect and of high quality, or can
be readily put into effect and may reasonably be expected to be
of high quality;
(C) that the application describes the relation of such program
to any program, activity, research, or development set forth by
the applicant in an application, if any, submitted pursuant to
section 1260 of this title; and
(D) that the application contains satisfactory assurances that
(i) the institution will recommend to the Administrator for the
award of scholarships under this section, for study in such
program, only persons who have demonstrated to the satisfaction
of the institution a serious intent, upon completing the program,
to enter an occupation involving the operation and maintenance of
treatment works, and (ii) the institution will make reasonable
continuing efforts to encourage recipients of scholarships under
this section, enrolled in such program, to enter occupations
involving the operation and maintenance of treatment works upon
completing the program.
(4)(A) The Administrator shall pay to persons awarded
scholarships under this section such stipends (including such
allowances for subsistence and other expenses for such persons and
their dependents) as he may determine to be consistent with
prevailing practices under comparable federally supported programs.
(B) The Administrator shall (in addition to the stipends paid to
persons under paragraph (1)) pay to the institution of higher
education at which such person is pursuing his course of study such
amount as he may determine to be consistent with prevailing
practices under comparable federally supported programs.
(5) A person awarded a scholarship under the provisions of this
section shall continue to receive the payments provided in this
section only during such periods as the Administrator finds that he
is maintaining satisfactory proficiency and devoting full time to
study or research in the field in which such scholarship was
awarded in an institution of higher education, and is not engaging
in gainful employment other than employment approved by the
Administrator by or pursuant to regulation.
(6) The Administrator shall by regulation provide that any person
awarded a scholarship under this section shall agree in writing to
enter and remain in an occupation involving the design, operation,
or maintenance of treatment works for such period after completion
of his course of studies as the Administrator determines
appropriate.
-SOURCE-
(June 30, 1948, ch. 758, title I, Sec. 111, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 831.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1260, 1262, 1375 of this
title.
-End-
-CITE-
33 USC Sec. 1262 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. 1262. Definitions and authorizations
-STATUTE-
(a) As used in sections 1259 through 1262 of this title -
(1) The term "institution of higher education" means an
educational institution described in the first sentence of section
1001 of title 20 (other than an institution of any agency of the
United States) which is accredited by a nationally recognized
accrediting agency or association approved by the Administrator for
this purpose. For purposes of this subsection, the Administrator
shall publish a list of nationally recognized accrediting agencies
or associations which he determines to be reliable authority as to
the quality of training offered.
(2) The term "academic year" means an academic year or its
equivalent, as determined by the Administrator.
(b) The Administrator shall annually report his activities under
sections 1259 through 1262 of this title, including recommendations
for needed revisions in the provisions thereof.
(c) There are authorized to be appropriated $25,000,000 per
fiscal year for the fiscal years ending June 30, 1973, June 30,
1974, and June 30, 1975, $6,000,000 for the fiscal year ending
September 30, 1977, $7,000,000 for the fiscal year ending September
30, 1978, $7,000,000 for the fiscal year ending September 30, 1979,
$7,000,000 for the fiscal year ending September 30, 1980,
$7,000,000 for the fiscal year ending September 30, 1981,
$7,000,000 for the fiscal year ending September 30, 1982, such sums
as may be necessary for fiscal years 1983 through 1985, and
$7,000,000 per fiscal year for each of the fiscal years 1986
through 1990, to carry out sections 1259 through 1262 of this
title.
-SOURCE-
(June 30, 1948, ch. 758, title I, Sec. 112, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 832; amended Pub. L.
93-592, Sec. 4, Jan. 2, 1975, 88 Stat. 1925; Pub. L. 95-217, Sec.
4(d), Dec. 27, 1977, 91 Stat. 1566; Pub. L. 96-483, Sec. 1(c), Oct.
21, 1980, 94 Stat. 2360; Pub. L. 100-4, title I, Sec. 101(c), Feb.
4, 1987, 101 Stat. 9; Pub. L. 105-244, title I, Sec. 102(a)(11),
Oct. 7, 1998, 112 Stat. 1620.)
-MISC1-
AMENDMENTS
1998 - Subsec. (a)(1). Pub. L. 105-244 substituted "section 1001"
for "section 1141".
1987 - Subsec. (c). Pub. L. 100-4 struck out "and" after "1981,"
and inserted "such sums as may be necessary for fiscal years 1983
through 1985, and $7,000,000 per fiscal year for each of the fiscal
years 1986 through 1990," after "1982,".
1980 - Subsec. (c). Pub. L. 96-483 inserted authorization of the
sum of $7,000,000 for each of fiscal years ending Sept. 30, 1981
and 1982.
1977 - Subsec. (c). Pub. L. 95-217 substituted "June 30, 1975,
$6,000,000 for the fiscal year ending September 30, 1977,
$7,000,000 for the fiscal year ending September 30, 1978,
$7,000,000 for the fiscal year ending September 30, 1979, and
$7,000,000 for the fiscal year ending September 30, 1980," for
"June 30, 1975,".
1975 - Subsec. (c). Pub. L. 93-592 substituted "June 30, 1974,
and June 30, 1975," for "and June 30, 1974,".
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.
105-244, set out as a note under section 1001 of Title 20,
Education.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1376 of this title.
-End-
-CITE-
33 USC Sec. 1263 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. 1263. Alaska village demonstration projects
-STATUTE-
(a) Central community facilities for safe water; elimination or
control of pollution
The Administrator is authorized to enter into agreements with the
State of Alaska to carry out one or more projects to demonstrate
methods to provide for central community facilities for safe water
and eliminate or control of pollution in those native villages of
Alaska without such facilities. Such project shall include
provisions for community safe water supply systems, toilets,
bathing and laundry facilities, sewage disposal facilities, and
other similar facilities, and educational and informational
facilities and programs relating to health and hygiene. Such
demonstration projects shall be for the further purpose of
developing preliminary plans for providing such safe water and such
elimination or control of pollution for all native villages in such
State.
(b) Utilization of personnel and facilities of Department of Health
and Human Services
In carrying out this section the Administrator shall cooperate
with the Secretary of Health and Human Services for the purpose of
utilizing such of the personnel and facilities of that Department
as may be appropriate.
(c) Omitted
(d) Authorization of appropriations
There is authorized to be appropriated not to exceed $2,000,000
to carry out this section. In addition, there is authorized to be
appropriated to carry out this section not to exceed $200,000 for
the fiscal year ending September 30, 1978, and $220,000 for the
fiscal year ending September 30, 1979.
(e) Study to develop comprehensive program for achieving sanitation
services; report to Congress
The Administrator is authorized to coordinate with the Secretary
of the Department of Health and Human Services, the Secretary of
the Department of Housing and Urban Development, the Secretary of
the Department of the Interior, the Secretary of the Department of
Agriculture, and the heads of any other departments or agencies he
may deem appropriate to conduct a joint study with representatives (continued)