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(continued)
of the State of Alaska and the appropriate Native organizations (as
defined in Public Law 92-203) to develop a comprehensive program
for achieving adequate sanitation services in Alaska villages. This
study shall be coordinated with the programs and projects
authorized by sections 1254(q) and 1255(e)(2) of this title. The
Administrator shall submit a report of the results of the study,
together with appropriate supporting data and such recommendations
as he deems desirable, to the Committee on Environment and Public
Works of the Senate and to the Committee on Public Works and
Transportation of the House of Representatives not later than
December 31, 1979. The Administrator shall also submit recommended
administrative actions, procedures, and any proposed legislation
necessary to implement the recommendations of the study no later
than June 30, 1980.
(f) Technical, financial, and management assistance
The Administrator is authorized to provide technical, financial
and management assistance for operation and maintenance of the
demonstration projects constructed under this section, until such
time as the recommendations of subsection (e) of this section are
implemented.
(g) "Village" and "sanitation services" defined
For the purpose of this section, the term "village" shall mean an
incorporated or unincorporated community with a population of ten
to six hundred people living within a two-mile radius. The term
"sanitation services" shall mean water supply, sewage disposal,
solid waste disposal and other services necessary to maintain
generally accepted standards of personal hygiene and public health.

-SOURCE-
(June 30, 1948, ch. 758, title I, Sec. 113, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 832; amended Pub. L.
95-217, Sec. 11, Dec. 27, 1977, 91 Stat. 1568; Pub. L. 96-88, title
V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-REFTEXT-
REFERENCES IN TEXT
Public Law 92-203, referred to in subsec. (e), 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. For complete
classification of this Act to the Code, see Short Title note set
out under section 1601 of Title 43 and Tables.

-COD-
CODIFICATION
Subsec. (c) authorized the Administrator to report to Congress
the results of the demonstration project accompanied by his
recommendations for the establishment of a statewide project not
later than July 1, 1973.


-MISC1-
AMENDMENTS
1977 - Subsec. (d). Pub. L. 95-217, Sec. 11(b), authorized
additional appropriations of not to exceed $200,000 for the fiscal
year ending Sept. 30, 1978, and $220,000, for the fiscal year
ending Sept. 30, 1979, to carry out this section.
Subsecs. (e) to (g). Pub. L. 95-217, Sec. 11(a), added subsecs.
(e), (f), and (g).

-CHANGE-
CHANGE OF NAME
"Secretary of Health and Human Services" substituted for
"Secretary of Health, Education, and Welfare" in subsec. (b), and
"Secretary of the Department of Health and Human Services"
substituted for "Secretary of the Department of Health, Education,
and Welfare" in subsec. (e), pursuant to section 509(b) of Pub. L.
96-88 which is classified to section 3508(b) of Title 20,
Education.
Committee on Public Works and Transportation of House of
Representatives treated as referring to Committee on Transportation
and Infrastructure of House of Representatives by section 1(a) of
Pub. L. 104-14, set out as a note preceding section 21 of Title 2,
The Congress.


-MISC2-
CORPS CAPABILITY STUDY, ALASKA
Pub. L. 104-303, title IV, Sec. 401, Oct. 12, 1996, 110 Stat.
3740, provided that: "Not later than 18 months after the date of
the enactment of this Act [Oct. 12, 1996], the Secretary shall
report to Congress on the advisability and capability of the Corps
of Engineers to implement rural sanitation projects for rural and
Native villages in Alaska."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1255, 1376 of this title.

-End-



-CITE-
33 USC Sec. 1263a 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. 1263a. Grants to Alaska to improve sanitation in rural and
Native villages

-STATUTE-
(a) In general
The Administrator of the Environmental Protection Agency may make
grants to the State of Alaska for the benefit of rural and Native
villages in Alaska to pay the Federal share of the cost of -
(1) the development and construction of public water systems
and wastewater systems to improve the health and sanitation
conditions in the villages; and
(2) training, technical assistance, and educational programs
relating to the operation and management of sanitation services
in rural and Native villages.
(b) Federal share
The Federal share of the cost of the activities described in
subsection (a) of this section shall be 50 percent.
(c) Administrative expenses
The State of Alaska may use an amount not to exceed 4 percent of
any grant made available under this subsection (!1) for
administrative expenses necessary to carry out the activities
described in subsection (a) of this section.

(d) Consultation with State of Alaska
The Administrator shall consult with the State of Alaska on a
method of prioritizing the allocation of grants under subsection
(a) of this section according to the needs of, and relative health
and sanitation conditions in, each eligible village.
(e) Authorization of appropriations
There are authorized to be appropriated to carry out this section
$40,000,000 for each of fiscal years 2001 through 2005.

-SOURCE-
(Pub. L. 104-182, title III, Sec. 303, Aug. 6, 1996, 110 Stat.
1683; Pub. L. 106-457, title IX, Sec. 903, Nov. 7, 2000, 114 Stat.
1982.)

-COD-
CODIFICATION
Section was enacted as part of the Safe Drinking Water Act
Amendments of 1996, and not as part of the Federal Water Pollution
Control Act which comprises this chapter.


-MISC1-
AMENDMENTS
2000 - Subsec. (e). Pub. L. 106-457 substituted "to carry out
this section $40,000,000 for each of fiscal years 2001 through
2005" for "$15,000,000 for each of the fiscal years 1997 through
2000 to carry out this section".

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 16 section 1166.

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


-End-



-CITE-
33 USC Sec. 1264 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. 1264. Omitted

-COD-
CODIFICATION
Section, act June 30, 1948, ch. 758, title I, Sec. 114, as added
Oct. 18, 1972, Pub. L. 92-500, Sec. 2, 86 Stat. 833, authorized the
Administrator, in consultation with the Tahoe Regional Planning
Agency, the Secretary of Agriculture, other Federal agencies,
representatives of State and local governments, and members of the
public, to conduct a thorough and complete study on the need of
extending Federal oversight and control in order to preserve the
fragile ecology of Lake Tahoe and to report the results of this
study to Congress not later than one year after Oct. 18, 1972.

-End-



-CITE-
33 USC Sec. 1265 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. 1265. In-place toxic pollutants

-STATUTE-
The Administrator is directed to identify the location of
in-place pollutants with emphasis on toxic pollutants in harbors
and navigable waterways and is authorized, acting through the
Secretary of the Army, to make contracts for the removal and
appropriate disposal of such materials from critical port and
harbor areas. There is authorized to be appropriated $15,000,000 to
carry out the provisions of this section, which sum shall be
available until expended.

-SOURCE-
(June 30, 1948, ch. 758, title I, Sec. 115, as added Pub. L.
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 833.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1266, 1376 of this title.

-End-



-CITE-
33 USC Sec. 1266 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. 1266. Hudson River reclamation demonstration project

-STATUTE-
(a) The Administrator is authorized to enter into contracts and
other agreements with the State of New York to carry out a project
to demonstrate methods for the selective removal of polychlorinated
biphenyls contaminating bottom sediments of the Hudson River,
treating such sediments as required, burying such sediments in
secure landfills, and installing monitoring systems for such
landfills. Such demonstration project shall be for the purpose of
determining the feasibility of indefinite storage in secure
landfills of toxic substances and of ascertaining the improvement
of the rate of recovery of a toxic contaminated national waterway.
No pollutants removed pursuant to this paragraph shall be placed in
any landfill unless the Administrator first determines that
disposal of the pollutants in such landfill would provide a higher
standard of protection of the public health, safety, and welfare
than disposal of such pollutants by any other method including, but
not limited to, incineration or a chemical destruction process.
(b) The Administrator is authorized to make grants to the State
of New York to carry out this section from funds allotted to such
State under section 1285(a) of this title, except that the amount
of any such grant shall be equal to 75 per centum of the cost of
the project and such grant shall be made on condition that
non-Federal sources provide the remainder of the cost of such
project. The authority of this section shall be available until
September 30, 1983. Funds allotted to the State of New York under
section 1285(a) of this title shall be available under this
subsection only to the extent that funds are not available, as
determined by the Administrator, to the State of New York for the
work authorized by this section under section 1265 or 1321 of this
title or a comprehensive hazardous substance response and clean up
fund. Any funds used under the authority of this subsection shall
be deducted from any estimate of the needs of the State of New York
prepared under section 1375(b) of this title. The Administrator may
not obligate or expend more than $20,000,000 to carry out this
section.

-SOURCE-
(June 30, 1948, ch. 758, title I, Sec. 116, as added Pub. L.
96-483, Sec. 10, Oct. 21, 1980, 94 Stat. 2363; amended Pub. L.
105-362, title V, Sec. 501(d)(2)(B), Nov. 10, 1998, 112 Stat. 3284;
Pub. L. 107-303, title III, Sec. 302(b)(1), Nov. 27, 2002, 116
Stat. 2361.)


-MISC1-
AMENDMENTS
2002 - Subsec. (b). Pub. L. 107-303 repealed Pub. L. 105-362,
Sec. 501(d)(2)(B). See 1998 Amendment note below.
1998 - Subsec. (b). Pub. L. 105-362, Sec. 501(d)(2)(B), which
directed the substitution of "section 1375 of this title" for
"section 1375(b) of this title" in penultimate sentence, was
repealed by Pub. L. 107-303. See Effective Date of 2002 Amendment
note below.

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.

-End-



-CITE-
33 USC Sec. 1267 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. 1267. Chesapeake Bay

-STATUTE-
(a) Definitions
In this section, the following definitions apply:
(1) Administrative cost
The term "administrative cost" means the cost of salaries and
fringe benefits incurred in administering a grant under this
section.
(2) Chesapeake Bay Agreement
The term "Chesapeake Bay Agreement" means the formal, voluntary
agreements executed to achieve the goal of restoring and
protecting the Chesapeake Bay ecosystem and the living resources
of the Chesapeake Bay ecosystem and signed by the Chesapeake
Executive Council.
(3) Chesapeake Bay ecosystem
The term "Chesapeake Bay ecosystem" means the ecosystem of the
Chesapeake Bay and its watershed.
(4) Chesapeake Bay Program
The term "Chesapeake Bay Program" means the program directed by
the Chesapeake Executive Council in accordance with the
Chesapeake Bay Agreement.
(5) Chesapeake Executive Council
The term "Chesapeake Executive Council" means the signatories
to the Chesapeake Bay Agreement.
(6) Signatory jurisdiction
The term "signatory jurisdiction" means a jurisdiction of a
signatory to the Chesapeake Bay Agreement.
(b) Continuation of Chesapeake Bay Program
(1) In general
In cooperation with the Chesapeake Executive Council (and as a
member of the Council), the Administrator shall continue the
Chesapeake Bay Program.
(2) Program Office
(A) In general
The Administrator shall maintain in the Environmental
Protection Agency a Chesapeake Bay Program Office.
(B) Function
The Chesapeake Bay Program Office shall provide support to
the Chesapeake Executive Council by -
(i) implementing and coordinating science, research,
modeling, support services, monitoring, data collection, and
other activities that support the Chesapeake Bay Program;
(ii) developing and making available, through publications,
technical assistance, and other appropriate means,
information pertaining to the environmental quality and
living resources of the Chesapeake Bay ecosystem;
(iii) in cooperation with appropriate Federal, State, and
local authorities, assisting the signatories to the
Chesapeake Bay Agreement in developing and implementing
specific action plans to carry out the responsibilities of
the signatories to the Chesapeake Bay Agreement;
(iv) coordinating the actions of the Environmental
Protection Agency with the actions of the appropriate
officials of other Federal agencies and State and local
authorities in developing strategies to -
(I) improve the water quality and living resources in the
Chesapeake Bay ecosystem; and
(II) obtain the support of the appropriate officials of
the agencies and authorities in achieving the objectives of
the Chesapeake Bay Agreement; and

(v) implementing outreach programs for public information,
education, and participation to foster stewardship of the
resources of the Chesapeake Bay.
(c) Interagency agreements
The Administrator may enter into an interagency agreement with a
Federal agency to carry out this section.
(d) Technical assistance and assistance grants
(1) In general
In cooperation with the Chesapeake Executive Council, the
Administrator may provide technical assistance, and assistance
grants, to nonprofit organizations, State and local governments,
colleges, universities, and interstate agencies to carry out this
section, subject to such terms and conditions as the
Administrator considers appropriate.
(2) Federal share
(A) In general
Except as provided in subparagraph (B), the Federal share of
an assistance grant provided under paragraph (1) shall be
determined by the Administrator in accordance with guidance
issued by the Administrator.
(B) Small watershed grants program
The Federal share of an assistance grant provided under
paragraph (1) to carry out an implementing activity under
subsection (g)(2) of this section shall not exceed 75 percent
of eligible project costs, as determined by the Administrator.
(3) Non-Federal share
An assistance grant under paragraph (1) shall be provided on
the condition that non-Federal sources provide the remainder of
eligible project costs, as determined by the Administrator.
(4) Administrative costs
Administrative costs shall not exceed 10 percent of the annual
grant award.
(e) Implementation and monitoring grants
(1) In general
If a signatory jurisdiction has approved and committed to
implement all or substantially all aspects of the Chesapeake Bay
Agreement, on the request of the chief executive of the
jurisdiction, the Administrator -
(A) shall make a grant to the jurisdiction for the purpose of
implementing the management mechanisms established under the
Chesapeake Bay Agreement, subject to such terms and conditions
as the Administrator considers appropriate; and
(B) may make a grant to a signatory jurisdiction for the
purpose of monitoring the Chesapeake Bay ecosystem.
(2) Proposals
(A) In general
A signatory jurisdiction described in paragraph (1) may apply
for a grant under this subsection for a fiscal year by
submitting to the Administrator a comprehensive proposal to
implement management mechanisms established under the
Chesapeake Bay Agreement.
(B) Contents
A proposal under subparagraph (A) shall include -
(i) a description of proposed management mechanisms that
the jurisdiction commits to take within a specified time
period, such as reducing or preventing pollution in the
Chesapeake Bay and its watershed or meeting applicable water
quality standards or established goals and objectives under
the Chesapeake Bay Agreement; and
(ii) the estimated cost of the actions proposed to be taken
during the fiscal year.
(3) Approval
If the Administrator finds that the proposal is consistent with
the Chesapeake Bay Agreement and the national goals established
under section 1251(a) of this title, the Administrator may
approve the proposal for an award.
(4) Federal share
The Federal share of a grant under this subsection shall not
exceed 50 percent of the cost of implementing the management
mechanisms during the fiscal year.
(5) Non-Federal share
A grant under this subsection shall be made on the condition
that non-Federal sources provide the remainder of the costs of
implementing the management mechanisms during the fiscal year.
(6) Administrative costs
Administrative costs shall not exceed 10 percent of the annual
grant award.
(7) Reporting
On or before October 1 of each fiscal year, the Administrator
shall make available to the public a document that lists and
describes, in the greatest practicable degree of detail -
(A) all projects and activities funded for the fiscal year;
(B) the goals and objectives of projects funded for the
previous fiscal year; and
(C) the net benefits of projects funded for previous fiscal
years.
(f) Federal facilities and budget coordination
(1) Subwatershed planning and restoration
A Federal agency that owns or operates a facility (as defined
by the Administrator) within the Chesapeake Bay watershed shall
participate in regional and subwatershed planning and restoration
programs.
(2) Compliance with agreement
The head of each Federal agency that owns or occupies real
property in the Chesapeake Bay watershed shall ensure that the
property, and actions taken by the agency with respect to the
property, comply with the Chesapeake Bay Agreement, the Federal
Agencies Chesapeake Ecosystem Unified Plan, and any subsequent
agreements and plans.
(3) Budget coordination
(A) In general
As part of the annual budget submission of each Federal
agency with projects or grants related to restoration,
planning, monitoring, or scientific investigation of the
Chesapeake Bay ecosystem, the head of the agency shall submit
to the President a report that describes plans for the
expenditure of the funds under this section.
(B) Disclosure to the Council
The head of each agency referred to in subparagraph (A) shall
disclose the report under that subparagraph with the Chesapeake
Executive Council as appropriate.
(g) Chesapeake Bay Program
(1) Management strategies
The Administrator, in coordination with other members of the
Chesapeake Executive Council, shall ensure that management plans
are developed and implementation is begun by signatories to the
Chesapeake Bay Agreement to achieve and maintain -
(A) the nutrient goals of the Chesapeake Bay Agreement for
the quantity of nitrogen and phosphorus entering the Chesapeake
Bay and its watershed;
(B) the water quality requirements necessary to restore
living resources in the Chesapeake Bay ecosystem;
(C) the Chesapeake Bay Basinwide Toxins Reduction and
Prevention Strategy goal of reducing or eliminating the input
of chemical contaminants from all controllable sources to
levels that result in no toxic or bioaccumulative impact on the
living resources of the Chesapeake Bay ecosystem or on human
health;
(D) habitat restoration, protection, creation, and
enhancement goals established by Chesapeake Bay Agreement
signatories for wetlands, riparian forests, and other types of
habitat associated with the Chesapeake Bay ecosystem; and
(E) the restoration, protection, creation, and enhancement
goals established by the Chesapeake Bay Agreement signatories
for living resources associated with the Chesapeake Bay
ecosystem.
(2) Small watershed grants program
The Administrator, in cooperation with the Chesapeake Executive
Council, shall -
(A) establish a small watershed grants program as part of the
Chesapeake Bay Program; and
(B) offer technical assistance and assistance grants under
subsection (d) of this section to local governments and
nonprofit organizations and individuals in the Chesapeake Bay
region to implement -
(i) cooperative tributary basin strategies that address the
water quality and living resource needs in the Chesapeake Bay
ecosystem; and
(ii) locally based protection and restoration programs or
projects within a watershed that complement the tributary
basin strategies, including the creation, restoration,
protection, or enhancement of habitat associated with the
Chesapeake Bay ecosystem.
(h) Study of Chesapeake Bay Program
(1) In general
Not later than April 22, 2003, and every 5 years thereafter,
the Administrator, in coordination with the Chesapeake Executive
Council, shall complete a study and submit to Congress a
comprehensive report on the results of the study.
(2) Requirements
The study and report shall -
(A) assess the state of the Chesapeake Bay ecosystem;
(B) compare the current state of the Chesapeake Bay ecosystem
with its state in 1975, 1985, and 1995;
(C) assess the effectiveness of management strategies being
implemented on November 7, 2000, and the extent to which the
priority needs are being met;
(D) make recommendations for the improved management of the
Chesapeake Bay Program either by strengthening strategies being
implemented on November 7, 2000, or by adopting new strategies;
and
(E) be presented in such a format as to be readily
transferable to and usable by other watershed restoration
programs.
(i) Special study of living resource response
(1) In general
Not later than 180 days after November 7, 2000, the
Administrator shall commence a 5-year special study with full
participation of the scientific community of the Chesapeake Bay
to establish and expand understanding of the response of the
living resources of the Chesapeake Bay ecosystem to improvements
in water quality that have resulted from investments made through
the Chesapeake Bay Program.
(2) Requirements
The study shall -
(A) determine the current status and trends of living
resources, including grasses, benthos, phytoplankton,
zooplankton, fish, and shellfish;
(B) establish to the extent practicable the rates of recovery
of the living resources in response to improved water quality
condition;
(C) evaluate and assess interactions of species, with
particular attention to the impact of changes within and among
trophic levels; and
(D) recommend management actions to optimize the return of a
healthy and balanced ecosystem in response to improvements in
the quality and character of the waters of the Chesapeake Bay.
(j) Authorization of appropriations
There is authorized to be appropriated to carry out this section
$40,000,000 for each of fiscal years 2001 through 2005. Such sums
shall remain available until expended.

-SOURCE-
(June 30, 1948, ch. 758, title I, Sec. 117, as added Pub. L. 100-4,
title I, Sec. 103, Feb. 4, 1987, 101 Stat. 10; amended Pub. L.
106-457, title II, Sec. 203, Nov. 7, 2000, 114 Stat. 1967.)

-COD-
CODIFICATION
November 7, 2000, referred to in subsecs. (h)(2)(C), (D), and
(i)(1), was in the original "the date of enactment of this
section", which was translated as meaning the date of enactment of
Pub. L. 106-457, which amended this section generally, to reflect
the probable intent of Congress.


-MISC1-
AMENDMENTS
2000 - Pub. L. 106-457 amended section generally, substituting
subsecs. (a) to (j) for former subsecs. (a) to (d), which related
to continuation of the Chesapeake Bay Program and establishment and
maintenance in the Environmental Protection Agency of an office,
division, or branch of Chesapeake Bay Programs, interstate
development plan grants, progress reports from grant recipient
States, and authorization of appropriations.

FINDINGS AND PURPOSES
Pub. L. 106-457, title II, Sec. 202, Nov. 7, 2000, 114 Stat.
1967, provided that:
"(a) Findings. - Congress finds that -
"(1) the Chesapeake Bay is a national treasure and a resource
of worldwide significance;
"(2) over many years, the productivity and water quality of the
Chesapeake Bay and its watershed were diminished by pollution,
excessive sedimentation, shoreline erosion, the impacts of
population growth and development in the Chesapeake Bay
watershed, and other factors;
"(3) the Federal Government (acting through the Administrator
of the Environmental Protection Agency), the Governor of the
State of Maryland, the Governor of the Commonwealth of Virginia,
the Governor of the Commonwealth of Pennsylvania, the Chairperson
of the Chesapeake Bay Commission, and the mayor of the District
of Columbia, as Chesapeake Bay Agreement signatories, have
committed to a comprehensive cooperative program to achieve
improved water quality and improvements in the productivity of
living resources of the Bay;
"(4) the cooperative program described in paragraph (3) serves
as a national and international model for the management of
estuaries; and
"(5) there is a need to expand Federal support for monitoring,
management, and restoration activities in the Chesapeake Bay and
the tributaries of the Bay in order to meet and further the
original and subsequent goals and commitments of the Chesapeake
Bay Program.
"(b) Purposes. - The purposes of this title [amending this
section and enacting provisions set out as a note under section
1251 of this title] are -
"(1) to expand and strengthen cooperative efforts to restore
and protect the Chesapeake Bay; and
"(2) to achieve the goals established in the Chesapeake Bay
Agreement."

NUTRIENT LOADING RESULTING FROM DREDGED MATERIAL DISPOSAL
Pub. L. 106-53, title IV, Sec. 457, Aug. 17, 1999, 113 Stat. 332,
provided that:
"(a) Study. - The Secretary shall conduct a study of nutrient
loading that occurs as a result of discharges of dredged material
into open-water sites in the Chesapeake Bay.
"(b) Report. - Not later than 18 months after the date of
enactment of this Act [Aug. 17, 1999], the Secretary shall submit
to Congress a report on the results of the study."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2902 of this title.

-End-



-CITE-
33 USC Sec. 1268 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. 1268. Great Lakes

-STATUTE-
(a) Findings, purpose, and definitions
(1) Findings
The Congress finds that -
(A) the Great Lakes are a valuable national resource,
continuously serving the people of the United States and other
nations as an important source of food, fresh water,
recreation, beauty, and enjoyment;
(B) the United States should seek to attain the goals
embodied in the Great Lakes Water Quality Agreement of 1978, as
amended by the Water Quality Agreement of 1987 and any other
agreements and amendments, with particular emphasis on goals
related to toxic pollutants; and
(C) the Environmental Protection Agency should take the lead
in the effort to meet those goals, working with other Federal
agencies and State and local authorities.
(2) Purpose
It is the purpose of this section to achieve the goals embodied
in the Great Lakes Water Quality Agreement of 1978, as amended by
the Water Quality Agreement of 1987 and any other agreements and
amendments, through improved organization and definition of
mission on the part of the Agency, funding of State grants for
pollution control in the Great Lakes area, and improved
accountability for implementation of such agreement.
(3) Definitions
For purposes of this section, the term -
(A) "Agency" means the Environmental Protection Agency;
(B) "Great Lakes" means Lake Ontario, Lake Erie, Lake Huron
(including Lake St. Clair), Lake Michigan, and Lake Superior,
and the connecting channels (Saint Mary's River, Saint Clair
River, Detroit River, Niagara River, and Saint Lawrence River
to the Canadian Border);
(C) "Great Lakes System" means all the streams, rivers,
lakes, and other bodies of water within the drainage basin of
the Great Lakes;
(D) "Program Office" means the Great Lakes National Program
Office established by this section;
(E) "Research Office" means the Great Lakes Research Office
established by subsection (d) of this section;
(F) "area of concern" means a geographic area located within
the Great Lakes, in which beneficial uses are impaired and
which has been officially designated as such under Annex 2 of
the Great Lakes Water Quality Agreement;
(G) "Great Lakes States" means the States of Illinois,
Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and
Wisconsin;
(H) "Great Lakes Water Quality Agreement" means the bilateral
agreement, between the United States and Canada which was
signed in 1978 and amended by the Protocol of 1987;
(I) "Lakewide Management Plan" means a written document which
embodies a systematic and comprehensive ecosystem approach to
restoring and protecting the beneficial uses of the open waters
of each of the Great Lakes, in accordance with article VI and
Annex 2 of the Great Lakes Water Quality Agreement; and
(J) "Remedial Action Plan" means a written document which
embodies a systematic and comprehensive ecosystem approach to
restoring and protecting the beneficial uses of areas of
concern, in accordance with article VI and Annex 2 of the Great
Lakes Water Quality Agreement.
(b) Great Lakes National Program Office
The Great Lakes National Program Office (previously established
by the Administrator) is hereby established within the Agency. The
Program Office shall be headed by a Director who, by reason of
management experience and technical expertise relating to the Great
Lakes, is highly qualified to direct the development of programs
and plans on a variety of Great Lakes issues. The Great Lakes
National Program Office shall be located in a Great Lakes State.
(c) Great Lakes management
(1) Functions
The Program Office shall -
(A) in cooperation with appropriate Federal, State, tribal,
and international agencies, and in accordance with section
1251(e) of this title, develop and implement specific action
plans to carry out the responsibilities of the United States
under the Great Lakes Water Quality Agreement of 1978, as
amended by the Water Quality Agreement of 1987 and any other
agreements and amendments,; (!1)

(B) establish a Great Lakes system-wide surveillance network
to monitor the water quality of the Great Lakes, with specific
emphasis on the monitoring of toxic pollutants;
(C) serve as the liaison with, and provide information to,
the Canadian members of the International Joint Commission and
the Canadian counterpart to the Agency;
(D) coordinate actions of the Agency (including actions by
headquarters and regional offices thereof) aimed at improving
Great Lakes water quality; and
(E) coordinate actions of the Agency with the actions of
other Federal agencies and State and local authorities, so as
to ensure the input of those agencies and authorities in
developing water quality strategies and obtain the support of
those agencies and authorities in achieving the objectives of
such agreement.
(2) Great Lakes water quality guidance
(A) By June 30, 1991, the Administrator, after consultation
with the Program Office, shall publish in the Federal Register
for public notice and comment proposed water quality guidance for
the Great Lakes System. Such guidance shall conform with the
objectives and provisions of the Great Lakes Water Quality
Agreement, shall be no less restrictive than the provisions of
this chapter and national water quality criteria and guidance,
shall specify numerical limits on pollutants in ambient Great
Lakes waters to protect human health, aquatic life, and wildlife,
and shall provide guidance to the Great Lakes States on minimum
water quality standards, antidegradation policies, and
implementation procedures for the Great Lakes System.
(B) By June 30, 1992, the Administrator, in consultation with
the Program Office, shall publish in the Federal Register,
pursuant to this section and the Administrator's authority under
this chapter, final water quality guidance for the Great Lakes
System.
(C) Within two years after such Great Lakes guidance is
published, the Great Lakes States shall adopt water quality
standards, antidegradation policies, and implementation
procedures for waters within the Great Lakes System which are
consistent with such guidance. If a Great Lakes State fails to
adopt such standards, policies, and procedures, the Administrator
shall promulgate them not later than the end of such two-year
period. When reviewing any Great Lakes State's water quality
plan, the agency shall consider the extent to which the State has
complied with the Great Lakes guidance issued pursuant to this
section.
(3) Remedial Action Plans
(A) For each area of concern for which the United States has
agreed to draft a Remedial Action Plan, the Program Office shall
ensure that the Great Lakes State in which such area of concern
is located -
(i) submits a Remedial Action Plan to the Program Office by
June 30, 1991;
(ii) submits such Remedial Action Plan to the International
Joint Commission by January 1, 1992; and
(iii) includes such Remedial Action Plans within the State's
water quality plan by January 1, 1993.

(B) For each area of concern for which Canada has agreed to
draft a Remedial Action Plan, the Program Office shall, pursuant
to subparagraph (c)(1)(C) of this section, work with Canada to
assure the submission of such Remedial Action Plans to the
International Joint Commission by June 30, 1991, and to finalize
such Remedial Action Plans by January 1, 1993.
(C) For any area of concern designated as such subsequent to
November 16, 1990, the Program Office shall (i) if the United
States has agreed to draft the Remedial Action Plan, ensure that
the Great Lakes State in which such area of concern is located
submits such Plan to the Program Office within two years of the
area's designation, submits it to the International Joint
Commission no later than six months after submitting it to the
Program Office, and includes such Plan in the State's water
quality plan no later than one year after submitting it to the
Commission; and (ii) if Canada has agreed to draft the Remedial
Action Plan, work with Canada, pursuant to subparagraph (c)(1)(C)
of this section, to ensure the submission of such Plan to the
International Joint Commission within two years of the area's
designation and the finalization of such Plan no later than
eighteen months after submitting it to such Commission.
(D) The Program Office shall compile formal comments on
individual Remedial Action Plans made by the International Joint
Commission pursuant to section 4(d) of Annex 2 of the Great Lakes
Water Quality Agreement and, upon request by a member of the
public, shall make such comments available for inspection and
copying. The Program Office shall also make available, upon
request, formal comments made by the Environmental Protection
Agency on individual Remedial Action Plans.
(E) Report. - Not later than 1 year after November 27, 2002,
the Administrator shall submit to Congress a report on such
actions, time periods, and resources as are necessary to fulfill
the duties of the Agency relating to oversight of Remedial Action
Plans under -
(i) this paragraph; and
(ii) the Great Lakes Water Quality Agreement.
(4) Lakewide Management Plans
The Administrator, in consultation with the Program Office
shall -
(A) by January 1, 1992, publish in the Federal Register a
proposed Lakewide Management Plan for Lake Michigan and solicit
public comments;
(B) by January 1, 1993, submit a proposed Lakewide Management
Plan for Lake Michigan to the International Joint Commission
for review; and
(C) by January 1, 1994, publish in the Federal Register a
final Lakewide Management Plan for Lake Michigan and begin
implementation.

Nothing in this subparagraph shall preclude the simultaneous
development of Lakewide Management Plans for the other Great
Lakes.
(5) Spills of oil and hazardous materials
The Program Office, in consultation with the Coast Guard, shall
identify areas within the Great Lakes which are likely to
experience numerous or voluminous spills of oil or other
hazardous materials from land based facilities, vessels, or other
sources and, in consultation with the Great Lakes States, shall
identify weaknesses in Federal and State programs and systems to
prevent and respond to such spills. This information shall be
included on at least a biennial basis in the report required by
this section.
(6) 5-year plan and program
The Program Office shall develop, in consultation with the
States, a five-year plan and program for reducing the amount of
nutrients introduced into the Great Lakes. Such program shall
incorporate any management program for reducing nutrient runoff
from nonpoint sources established under section 1329 of this
title and shall include a program for monitoring nutrient runoff
into, and ambient levels in, the Great Lakes.
(7) 5-year study and demonstration projects
(A) The Program Office shall carry out a five-year study and
demonstration projects relating to the control and removal of
toxic pollutants in the Great Lakes, with emphasis on the removal
of toxic pollutants from bottom sediments. In selecting locations
for conducting demonstration projects under this paragraph,
priority consideration shall be given to projects at the
following locations: Saginaw Bay, Michigan; Sheboygan Harbor,
Wisconsin; Grand Calumet River, Indiana; Ashtabula River, Ohio;
and Buffalo River, New York.
(B) The Program Office shall -
(i) by December 31, 1990, complete chemical, physical, and
biological assessments of the contaminated sediments at the
locations selected for the study and demonstration projects;
(ii) by December 31, 1990, announce the technologies that
will be demonstrated at each location and the numerical
standard of protection intended to be achieved at each
location;
(iii) by December 31, 1992, complete full or pilot scale
demonstration projects on site at each location of promising
technologies to remedy contaminated sediments; and
(iv) by December 31, 1993, issue a final report to Congress
on its findings.

(C) The Administrator, after providing for public review and
comment, shall publish information concerning the public health
and environmental consequences of contaminants in Great Lakes
sediment. Information published pursuant to this subparagraph
shall include specific numerical limits to protect health,
aquatic life, and wildlife from the bioaccumulation of toxins.
The Administrator shall, at a minimum, publish information
pursuant to this subparagraph within 2 years of November 16,
1990.
(8) Administrator's responsibility
The Administrator shall ensure that the Program Office enters
into agreements with the various organizational elements of the
Agency involved in Great Lakes activities and the appropriate
State agencies specifically delineating -
(A) the duties and responsibilities of each such element in
the Agency with respect to the Great Lakes;
(B) the time periods for carrying out such duties and
responsibilities; and
(C) the resources to be committed to such duties and
responsibilities.
(9) Budget item
The Administrator shall, in the Agency's annual budget
submission to Congress, include a funding request for the Program
Office as a separate budget line item.
(10) Comprehensive report
Within 90 days after the end of each fiscal year, the
Administrator shall submit to Congress a comprehensive report
which -
(A) describes the achievements in the preceding fiscal year
in implementing the Great Lakes Water Quality Agreement of
1978, as amended by the Water Quality Agreement of 1987 and any
other agreements and amendments, and shows by categories
(including judicial enforcement, research, State cooperative
efforts, and general administration) the amounts expended on
Great Lakes water quality initiatives in such preceding fiscal
year;
(B) describes the progress made in such preceding fiscal year
in implementing the system of surveillance of the water quality
in the Great Lakes System, including the monitoring of
groundwater and sediment, with particular reference to toxic
pollutants;
(C) describes the long-term prospects for improving the
condition of the Great Lakes; and
(D) provides a comprehensive assessment of the planned
efforts to be pursued in the succeeding fiscal year for
implementing the Great Lakes Water Quality Agreement of 1978,
as amended by the Water Quality Agreement of 1987 and any other
agreements and amendments,,(!1) which assessment shall -
(i) show by categories (including judicial enforcement,
research, State cooperative efforts, and general
administration) the amount anticipated to be expended on
Great Lakes water quality initiatives in the fiscal year to
which the assessment relates; and
(ii) include a report of current programs administered by
other Federal agencies which make available resources to the
Great Lakes water quality management efforts.
(11) Confined disposal facilities
(A) The Administrator, in consultation with the Assistant
Secretary of the Army for Civil Works, shall develop and
implement, within one year of November 16, 1990, management plans
for every Great Lakes confined disposal facility.
(B) The plan shall provide for monitoring of such facilities,
including -
(i) water quality at the site and in the area of the site;
(ii) sediment quality at the site and in the area of the
site;
(iii) the diversity, productivity, and stability of aquatic
organisms at the site and in the area of the site; and
(iv) such other conditions as the Administrator deems
appropriate.

(C) The plan shall identify the anticipated use and management
of the site over the following twenty-year period including the
expected termination of dumping at the site, the anticipated need
for site management, including pollution control, following the
termination of the use of the site.
(D) The plan shall identify a schedule for review and revision
of the plan which shall not be less frequent than five years
after adoption of the plan and every five years thereafter. (continued)