Loading (50 kb)...'
(continued)
15 and Tables.
The Safe Drinking Water Act, referred to in subsec. (c)(1), is
title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L.
93-523, Sec. 2(a), 88 Stat. 1660, as amended, which is classified
generally to subchapter XII (Sec. 300f et seq.) of chapter 6A of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 201 of this title and
Tables.
-COD-
CODIFICATION
Section was enacted as part of the Environmental Research,
Development, and Demonstration Authorization Act of 1978, and not
as part of the National Environmental Policy Act of 1969 which
comprises this chapter.
-MISC1-
AMENDMENTS
1995 - Subsecs. (c) to (i). Pub. L. 104-66 redesignated subsecs.
(e) to (i) as (c) to (g), respectively, and struck out former
subsec. (c) which read as follows: "In addition to providing
scientific advice when requested by the Administrator under
subsection (a) of this section, the Board shall review and comment
on the Administration's five-year plan for environmental research,
development, and demonstration provided for by section 4361 of this
title and on each annual revision thereof. Such review and comment
shall be transmitted to the Congress by the Administrator, together
with his comments thereon, at the time of the transmission to the
Congress of the annual revision involved."
1994 - Subsec. (a). Pub. L. 103-437, Sec. 15(o)(1), substituted
"Committee on Science, Space, and Technology, on Energy and
Commerce, or on" for "Committees on Science and Technology,
Interstate and Foreign Commerce, or".
Subsec. (d). Pub. L. 103-437, Sec. 15(o)(2), struck out subsec.
(d) which related to review and report to Administrator, President,
and Congress on health effects research.
1980 - Subsec. (a). Pub. L. 96-569 inserted provisions relating
to requests by the enumerated Congressional committees.
-CHANGE-
CHANGE OF NAME
Committee on Science, Space, and Technology of House of
Representatives treated as referring to Committee on Science 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.
Committee on Energy and Commerce of House of Representatives
treated as referring to Committee on Commerce of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2. Committee on Commerce of
House of Representatives changed to Committee on Energy and
Commerce of House of Representatives, and jurisdiction over matters
relating to securities and exchanges and insurance generally
transferred to Committee on Financial Services of House of
Representatives by House Resolution No. 5, One Hundred Seventh
Congress, Jan. 3, 2001.
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.
-MISC2-
TERMINATION OF ADVISORY BOARDS
Advisory boards established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the
date of their establishment, 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 for
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.
REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES
References in laws to the rates of pay for GS-16, 17, or 18, or
to maximum rates of pay under the General Schedule, to be
considered references to rates payable under specified sections of
Title 5, Government Organization and Employees, see section 529
[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
under section 5376 of Title 5.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 7 section 136w; title 21
section 346a.
-End-
-CITE-
42 USC Sec. 4366 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 4366. Identification and coordination of research,
development, and demonstration activities
-STATUTE-
(a) Consultation and cooperation of Administrator of Environmental
Protection Agency with heads of Federal agencies; inclusion of
activities in annual revisions of plan for research, etc.
The Administrator of the Environmental Protection Agency, in
consultation and cooperation with the heads of other Federal
agencies, shall take such actions on a continuing basis as may be
necessary or appropriate -
(1) to identify environmental research, development, and
demonstration activities, within and outside the Federal
Government, which may need to be more effectively coordinated in
order to minimize unnecessary duplication of programs, projects,
and research facilities;
(2) to determine the steps which might be taken under existing
law, by him and by the heads of such other agencies, to
accomplish or promote such coordination, and to provide for or
encourage the taking of such steps; and
(3) to determine the additional legislative actions which would
be needed to assure such coordination to the maximum extent
possible.
The Administrator shall include in each annual revision of the
five-year plan provided for by section 4361 )1(! of this title a
full and complete report on the actions taken and determinations
made during the preceding year under this subsection, and may
submit interim reports on such actions and determinations at such
other times as he deems appropriate.
(b) Coordination of programs by Administrator
The Administrator of the Environmental Protection Agency shall
coordinate environmental research, development, and demonstration
programs of such Agency with the heads of other Federal agencies in
order to minimize unnecessary duplication of programs, projects,
and research facilities.
(c) Joint study by Council on Environmental Quality in consultation
with Office of Science and Technology Policy for coordination of
activities; report to President and Congress; report by President
to Congress on implementation of joint study and report
(1) In order to promote the coordination of environmental
research and development activities, and to assure that the action
taken and methods used (under subsection (a) of this section and
otherwise) to bring about such coordination will be as effective as
possible for that purpose, the Council on Environmental Quality in
consultation with the Office of Science and Technology Policy shall
promptly undertake and carry out a joint study of all aspects of
the coordination of environmental research and development. The
Chairman of the Council shall prepare a report on the results of
such study, together with such recommendations (including
legislative recommendations) as he deems appropriate, and shall
submit such report to the President and the Congress not later than
May 31, 1978.
(2) Not later than September 30, 1978, the President shall report
to the Congress on steps he has taken to implement the
recommendations included in the report under paragraph (1),
including any recommendations he may have for legislation.
-SOURCE-
(Pub. L. 95-155, Sec. 9, Nov. 8, 1977, 91 Stat. 1261.)
-REFTEXT-
REFERENCES IN TEXT
Section 4361 of this title, referred to in subsec. (a), was
repealed by Pub. L. 104-66, title II, Sec. 2021(k)(1), Dec. 21,
1995, 109 Stat. 728.
-COD-
CODIFICATION
Section was enacted as part of the Environmental Research,
Development, and Demonstration Authorization Act of 1978, and not
as part of the National Environmental Policy Act of 1969 which
comprises this chapter.
-MISC1-
COORDINATION OF ENVIRONMENTAL RESEARCH, DEVELOPMENT, AND
DEMONSTRATION EFFORTS; STUDY AND REPORT
Pub. L. 95-477, Sec. 3(c), Oct. 18, 1978, 92 Stat. 1509,
authorized to be appropriated to the Environmental Protection
Agency for the fiscal year 1979, $1,000,000, and for the fiscal
year 1980, $1,000,000, for a study and report, under a contract let
by the Administrator, to be conducted outside the Federal
Government, on coordination of the Federal Government's efforts in
environmental research, development, and demonstration, and the
application of the results of such efforts to environmental
problems, with the report on the study submitted to the President,
the Administrator, and the Congress within two years after Oct. 18,
1978, accompanied by recommendations for action by the President,
the Administrator, other agencies, or the Congress, as may be
appropriate.
-FOOTNOTE-
)1(! See References in Text note below.
-End-
-CITE-
42 USC Sec. 4366a 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 4366a. Omitted
-COD-
CODIFICATION
Section, Pub. L. 101-617, Sec. 4, Nov. 16, 1990, 104 Stat. 3287,
which related to development of data base of environmental research
articles indexed by geographic location, expired 10 years after
Nov. 16, 1990, pursuant to section 6 of Pub. L. 101-617, formerly
set out as a Termination Date note under this section.
-MISC1-
TERMINATION DATE
Pub. L. 101-617, Sec. 6, Nov. 16, 1990, 104 Stat. 3287, provided
that Pub. L. 101-617, which enacted this section and provisions
formerly set out under this section, was to expire 10 years after
Nov. 16, 1990.
SHORT TITLE; FINDINGS; PURPOSE; AUTHORIZATION
Pub. L. 101-617, Secs. 1-3, 5, Nov. 16, 1990, 104 Stat. 3287,
which provided that Pub. L. 101-617, which enacted this section and
provisions formerly set out under this section, could be cited as
the "Environmental Research Geographic Location Information Act",
and further provided for findings, purpose to develop data base of
environmental research articles indexed by geographic location, and
authorization of appropriations, expired 10 years after Nov. 16,
1990, pursuant to section 6 of Pub. L. 101-617, formerly set out as
a note under this section.
-End-
-CITE-
42 USC Sec. 4367 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 4367. Reporting requirements of financial interests of
officers and employees of Environmental Protection Agency
-STATUTE-
(a) Covered officers and employees
Each officer or employee of the Environmental Protection Agency
who -
(1) performs any function or duty under this Act; and
(2) has any known financial interest in any person who applies
for or receives grants, contracts, or other forms of financial
assistance under this Act,
shall, beginning on February 1, 1978, annually file with the
Administrator a written statement concerning all such interests
held by such officer or employee during the preceding calendar
year. Such statement shall be available to the public.
(b) Implementation of requirements by Administrator
The Administrator shall -
(1) act within ninety days after November 8, 1977 -
(A) to define the term "known financial interest" for
purposes of subsection (a) of this section; and
(B) to establish the methods by which the requirement to file
written statements specified in subsection (a) of this section
will be monitored and enforced, including appropriate provision
for the filing by such officers and employees of such
statements and the review by the Administrator of such
statements; and
(2) Omitted.
(c) Exemption of positions by Administrator
In the rules prescribed under subsection (b) of this section, the
Administrator may identify specific positions of a nonpolicymaking
nature within the Administration and provide that officers or
employees occupying such positions shall be exempt from the
requirements of this section.
(d) Violations; penalties
Any officer or employee who is subject to, and knowingly
violates, this section, shall be fined not more than $2,500 or
imprisoned not more than one year, or both.
-SOURCE-
(Pub. L. 95-155, Sec. 12, Nov. 8, 1977, 91 Stat. 1263.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (a)(1), (2), is Pub. L. 95-155,
Nov. 8, 1977, 91 Stat. 1257, as amended, known as the Environmental
Research, Development, and Demonstration Authorization Act of 1978,
which to the extent classified to the Code enacted sections
300j-3a, 4361a, 4361b, and 4363 to 4367 of this title. For complete
classification of this Act to the Code, see Tables.
-COD-
CODIFICATION
Subsec. (b)(2) of this section, which required the Administrator
to report to Congress on June 1 of each calendar year with respect
to such disclosures and the actions taken in regard thereto during
the preceding calendar year, terminated, effective May 15, 2000,
pursuant to section 3003 of Pub. L. 104-66, as amended, set out as
a note under section 1113 of Title 31, Money and Finance. See,
also, item 9 on page 164 of House Document No. 103-7.
Section was enacted as part of the Environmental Research,
Development, and Demonstration Authorization Act of 1978, and not
as part of the National Environmental Policy Act of 1969 which
comprises this chapter.
-End-
-CITE-
42 USC Sec. 4368 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 4368. Grants to qualified citizens groups
-STATUTE-
(1) There is authorized to be appropriated to the Environmental
Protection Agency, for grants to qualified citizens groups in
States and regions, $3,000,000.
(2) Grants under this section may be made for the purpose of
supporting and encouraging participation by qualified citizens
groups in determining how scientific, technological, and social
trends and changes affect the future environment and quality of
life of an area, and for setting goals and identifying measures for
improvement.
(3) The term "qualified citizens group" shall mean a nonprofit
organization of citizens having an area based focus, which is not
single-issue oriented and which can demonstrate a prior record of
interest and involvement in goal-setting and research concerned
with improving the quality of life, including plans to identify,
protect and enhance significant natural and cultural resources and
the environment.
(4) A citizens group shall be eligible for assistance only if
certified by the Governor in consultation with the State
legislature as a bonafide organization entitled to receive Federal
assistance to pursue the aims of this program. The group shall
further demonstrate its capacity to employ usefully the funds for
the purposes of this program and its broad-based representative
nature.
(5) After an initial application for assistance under this
section has been approved, the Administrator may make grants on an
annual basis, on condition that the Governor recertify the group
and that the applicant submits to the Administrator annually -
(A) an evaluation of the progress made during the previous year
in meeting the objectives for which the grant was made;
(B) a description of any changes in the objectives of the
activities; and
(C) a description of the proposed activities for the succeeding
one year period.
(6) A grant made under this program shall not exceed 75 per
centum of the estimated cost of the project or program for which
the grant is made, and no group shall receive more than $50,000 in
any one year.
(7) No financial assistance provided under this section shall be
used to support lobbying or litigation by any recipient group.
-SOURCE-
(Pub. L. 95-477, Sec. 3(d), Oct. 18, 1978, 92 Stat. 1509.)
-REFTEXT-
REFERENCES IN TEXT
This section, referred to in par. (5), means section 3 of Pub. L.
95-477, in its entirety, subsec. (d) of which enacted this section,
subsecs. (a) and (b) of which were not classified to the Code, and
subsec. (c) of which is set out as a note under section 4366 of
this title.
-COD-
CODIFICATION
Section was enacted as part of the Environmental Research,
Development, and Demonstration Authorization Act of 1979, and not
as part of the National Environmental Policy Act of 1969 which
comprises this chapter.
-End-
-CITE-
42 USC Sec. 4368a 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 4368a. Utilization of talents of older Americans in projects
of pollution prevention, abatement, and control
-STATUTE-
(a) Technical assistance to environmental agencies
Notwithstanding any other provision of law relating to Federal
grants and cooperative agreements, the Administrator of the
Environmental Protection Agency is authorized to make grants to, or
enter into cooperative agreements with, private nonprofit
organizations designated by the Secretary of Labor under title V of
the Older Americans Act of 1965 [42 U.S.C. 3056 et seq.] to utilize
the talents of older Americans in programs authorized by other
provisions of law administered by the Administrator (and consistent
with such provisions of law) in providing technical assistance to
Federal, State, and local environmental agencies for projects of
pollution prevention, abatement, and control. Funding for such
grants or agreements may be made available from such programs or
through title V of the Older Americans Act of 1965 and subtitle D
of title I of the Workforce Investment Act of 1998 [29 U.S.C. 2911
et seq.].
(b) Pre-award certifications
Prior to awarding any grant or agreement under subsection (a) of
this section, the applicable Federal, State, or local environmental
agency shall certify to the Administrator that such grants or
agreements will not -
(1) result in the displacement of individuals currently
employed by the environmental agency concerned (including partial
displacement through reduction of nonovertime hours, wages, or
employment benefits);
(2) result in the employment of any individual when any other
person is in a layoff status from the same or substantially
equivalent job within the jurisdiction of the environmental
agency concerned; or
(3) affect existing contracts for services.
(c) Prior appropriation Acts
Grants or agreements awarded under this section shall be subject
to prior appropriation Acts.
-SOURCE-
(Pub. L. 98-313, Sec. 2, June 12, 1984, 98 Stat. 235; Pub. L.
105-277, div. A, Sec. 101(f) [title VIII, Sec. 405(d)(35),
(f)(27)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-426, 2681-434.)
-REFTEXT-
REFERENCES IN TEXT
The Older Americans Act of 1965, referred to in subsec. (a), is
Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as amended. Title V of
the Act, known as the "Older American Community Service Employment
Act", is classified generally to subchapter IX (Sec. 3056 et seq.)
of chapter 35 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 3001 of
this title and Tables.
The Workforce Investment Act of 1998, referred to in subsec. (a),
is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended.
Subtitle D of title I of the Act is classified generally to
subchapter IV (Sec. 2911 et seq.) of chapter 30 of Title 29, Labor.
For complete classification of this Act to the Code, see Short
Title note set out under section 9201 of Title 20, Education, and
Tables.
-COD-
CODIFICATION
Section was enacted as part of the Environmental Programs
Assistance Act of 1984, and not as part of the National
Environmental Policy Act of 1969 which comprises this chapter.
-MISC1-
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-277, Sec. 101(f) [title VIII,
Sec. 405(f)(27)], struck out "title IV of the Job Training
Partnership Act or" after "title V of the Older Americans Act of
1965 and" in last sentence.
Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(35)],
substituted "and title IV of the Job Training Partnership Act or
subtitle D of title I of the Workforce Investment Act of 1998" for
"and title IV of the Job Training Partnership Act" in second
sentence.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by section 101(f) [title VIII, Sec. 405(d)(35)] of Pub.
L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f)
[title VIII, Sec. 405(f)(27)] of Pub. L. 105-277 effective July 1,
2000, see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of
Pub. L. 105-277, set out as a note under section 3502 of Title 5,
Government Organization and Employees.
SHORT TITLE
Section 1 of Pub. L. 98-313 provided that: "This Act [enacting
this section] may be cited as the 'Environmental Programs
Assistance Act of 1984'."
-End-
-CITE-
42 USC Sec. 4368b 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 4368b. General assistance program
-STATUTE-
(a) Short title
This section may be cited as the "Indian Environmental General
Assistance Program Act of 1992".
(b) Purposes
The purposes of this section are to -
(1) provide general assistance grants to Indian tribal
governments and intertribal consortia to build capacity to
administer environmental regulatory programs that may be
delegated by the Environmental Protection Agency on Indian lands;
and
(2) provide technical assistance from the Environmental
Protection Agency to Indian tribal governments and intertribal
consortia in the development of multimedia programs to address
environmental issues on Indian lands.
(c) Definitions
For purposes of this section:
(1) The term "Indian tribal government" means any Indian tribe,
band, nation, or other organized group or community, including
any Alaska Native village or regional or village corporation (as
defined in, or established pursuant to, the Alaska Native Claims
Settlement Act (43 U.S.C.A. 1601, et seq.)), which is recognized
as eligible for the special services provided by the United
States to Indians because of their status as Indians.
(2) The term "intertribal consortia" or "intertribal
consortium" means a partnership between two or more Indian tribal
governments authorized by the governing bodies of those tribes to
apply for and receive assistance pursuant to this section.
(3) The term "Administrator" means the Administrator of the
Environmental Protection Agency.
(d) General assistance program
(1) The Administrator of the Environmental Protection Agency
shall establish an Indian Environmental General Assistance Program
that provides grants to eligible Indian tribal governments or
intertribal consortia to cover the costs of planning, developing,
and establishing environmental protection programs consistent with
other applicable provisions of law providing for enforcement of
such laws by Indian tribes on Indian lands.
(2) Each grant awarded for general assistance under this
subsection for a fiscal year shall be no less than $75,000, and no
single grant may be awarded to an Indian tribal government or
intertribal consortium for more than 10 percent of the funds
appropriated under subsection (h) of this section.
(3) The term of any general assistance award made under this
subsection may exceed one year. Any awards made pursuant to this
section shall remain available until expended. An Indian tribal
government or intertribal consortium may receive a general
assistance grant for a period of up to four years in each specific
media area.
(e) No reduction in amounts
In no case shall the award of a general assistance grant to an
Indian tribal government or intertribal consortium under this
section result in a reduction of Environmental Protection Agency
grants for environmental programs to that tribal government or
consortium. Nothing in this section shall preclude an Indian tribal
government or intertribal consortium from receiving individual
media grants or cooperative agreements. Funds provided by the
Environmental Protection Agency through the general assistance
program shall be used by an Indian tribal government or intertribal
consortium to supplement other funds provided by the Environmental
Protection Agency through individual media grants or cooperative
agreements.
(f) Expenditure of general assistance
Any general assistance under this section shall be expended for
the purpose of planning, developing, and establishing the
capability to implement programs administered by the Environmental
Protection Agency and specified in the assistance agreement.
Purposes and programs authorized under this section shall include
the development and implementation of solid and hazardous waste
programs for Indian lands. An Indian tribal government or
intertribal consortium receiving general assistance pursuant to
this section shall utilize such funds for programs and purposes to
be carried out in accordance with the terms of the assistance
agreement. Such programs and general assistance shall be carried
out in accordance with the purposes and requirements of applicable
provisions of law, including the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.).
(g) Procedures
(1) Within 12 months following October 24, 1992, the
Administrator shall promulgate regulations establishing procedures
under which an Indian tribal government or intertribal consortium
may apply for general assistance grants under this section.
(2) The Administrator shall publish regulations issued pursuant
to this section in the Federal Register.
(3) The Administrator shall establish procedures for accounting,
auditing, evaluating, and reviewing any programs or activities
funded in whole or in part for a general assistance grant under
this section.
(h) Authorization
There are authorized to be appropriated to carry out the
provisions of this section, such sums as may be necessary for each
of the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998.
(i) Report to Congress
The Administrator shall transmit an annual report to the
appropriate Committees of the Congress with jurisdiction over the
applicable environmental laws and Indian tribes describing which
Indian tribes or intertribal consortia have been granted approval
by the Administrator pursuant to law to enforce certain
environmental laws and the effectiveness of any such enforcement.
-SOURCE-
(Pub. L. 95-134, title V, Sec. 502, as added Pub. L. 102-497, Sec.
11, Oct. 24, 1992, 106 Stat. 3258; amended Pub. L. 103-155, Nov.
24, 1993, 107 Stat. 1523; Pub. L. 104-233, Sec. 1, Oct. 2, 1996,
110 Stat. 3057.)
-REFTEXT-
REFERENCES IN TEXT
The Alaska Native Claims Settlement Act, referred to in subsec.
(c)(1), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,
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.
The Solid Waste Disposal Act, referred to in subsec. (f), is
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,
which is classified generally to chapter 82 (Sec. 6901 et seq.) of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 6901 of this title and
Tables.
-COD-
CODIFICATION
Section was enacted as the Indian Environmental General
Assistance Program Act of 1992 and as part of the Omnibus
Territories Act of 1977, and not as part of the National
Environmental Policy Act of 1969 which comprises this chapter.
-MISC1-
AMENDMENTS
1996 - Subsec. (h). Pub. L. 104-233 substituted "such sums as may
be necessary" for "$15,000,000".
1993 - Subsec. (d)(1). Pub. L. 103-155, Sec. 3(a), inserted
"consistent with other applicable provisions of law providing for
enforcement of such laws by Indian tribes" after "programs".
Subsec. (f). Pub. L. 103-155, Sec. 3(b), inserted at end "Such
programs and general assistance shall be carried out in accordance
with the purposes and requirements of applicable provisions of law,
including the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)."
Subsec. (h). Pub. L. 103-155, Sec. 1, substituted ", 1994, 1995,
1996, 1997, and 1998" for "and 1994".
Subsec. (i). Pub. L. 103-155, Sec. 2, added subsec. (i).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 29 section 708.
-End-
-CITE-
42 USC Sec. 4369 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 4369. Miscellaneous reports
-STATUTE-
(a) Availability to Congressional committees
All reports to or by the Administrator relevant to the Agency's
program of research, development, and demonstration shall promptly
be made available to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Environment and Public Works of the Senate, unless otherwise
prohibited by law.
(b) Transmittal of jurisdictional information
The Administrator shall keep the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Environment and Public Works of the Senate fully and currently
informed with respect to matters falling within or related to the
jurisdiction of the committees.
(c) Comment by Government agencies and the public
The reports provided for in section 5910 )1(! of this title shall
be made available to the public for comment, and to the heads of
affected agencies for comment and, in the case of recommendations
for action, for response.
(d) Transmittal of research information to the Department of Energy
For the purpose of assisting the Department of Energy in planning
and assigning priorities in research development and demonstration
activities related to environmental control technologies, the
Administrator shall actively make available to the Department all
information on research activities and results of research programs
of the Environmental Protection Agency.
-SOURCE-
(Pub. L. 95-477, Sec. 5, Oct. 18, 1978, 92 Stat. 1510; Pub. L.
103-437, Sec. 15(c)(6), Nov. 2, 1994, 108 Stat. 4592.)
-REFTEXT-
REFERENCES IN TEXT
Section 5910 of this title, referred to in subsec. (c), was
repealed by Pub. L. 104-66, title II, Sec. 2021(i), Dec. 21, 1995,
109 Stat. 727.
-COD-
CODIFICATION
Section was enacted as part of the Environmental Research,
Development, and Demonstration Authorization Act of 1979, and not
as part of the National Environmental Policy Act of 1969 which
comprises this chapter.
-MISC1-
AMENDMENTS
1994 - Subsecs. (a), (b). Pub. L. 103-437 substituted "Science,
Space, and Technology" for "Science and Technology".
-CHANGE-
CHANGE OF NAME
Committee on Science, Space, and Technology of House of
Representatives treated as referring to Committee on Science 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.
-FOOTNOTE-
)1(! See References in Text note below.
-End-
-CITE-
42 USC Sec. 4369a 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 4369a. Reports on environmental research and development
activities of Agency
-STATUTE-
(a) Reports to keep Congressional committees fully and currently
informed
The Administrator shall keep the appropriate committees of the
House and the Senate fully and currently informed about all aspects
of the environmental research and development activities of the
Environmental Protection Agency.
(b) Omitted
-SOURCE-
(Pub. L. 96-229, Sec. 4, Apr. 7, 1980, 94 Stat. 328.)
-COD-
CODIFICATION
Subsec. (b) of this section, which required the Administrator to
annually make available to the appropriate committees of Congress
sufficient copies of a report fully describing funds requested and
the environmental research and development activities to be carried
out with these funds, terminated, effective May 15, 2000, pursuant
to section 3003 of Pub. L. 104-66, as amended, set out as a note
under section 1113 of Title 31, Money and Finance. See, also, item
24 on page 163 of House Document No. 103-7.
Section was enacted as part of the Environmental Research,
Development, and Demonstration Authorization Act of 1980, and not
as part of the National Environmental Policy Act of 1969 which
comprises this chapter.
-End-
-CITE-
42 USC Sec. 4370 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 4370. Reimbursement for use of facilities
-STATUTE-
(a) Authority to allow outside groups or individuals to use
research and test facilities; reimbursement
The Administrator is authorized to allow appropriate use of
special Environmental Protection Agency research and test
facilities by outside groups or individuals and to receive
reimbursement or fees for costs incurred thereby when he finds this
to be in the public interest. Such reimbursement or fees are to be
used by the Agency to defray the costs of use by outside groups or
individuals.
(b) Rules and regulations
The Administrator may promulgate regulations to cover such use of
Agency facilities in accordance with generally accepted accounting,
safety, and laboratory practices.
(c) Waiver of reimbursement by Administrator
When he finds it is in the public interest the Administrator may
waive reimbursement or fees for outside use of Agency facilities by
nonprofit private or public entities.
-SOURCE-
(Pub. L. 96-229, Sec. 5, Apr. 7, 1980, 94 Stat. 328.)
-COD-
CODIFICATION
Section was enacted as part of the Environmental Research,
Development, and Demonstration Authorization Act of 1980, and not
as part of the National Environmental Policy Act of 1969 which
comprises this chapter.
-End-
-CITE-
42 USC Sec. 4370a 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 4370a. Assistant Administrators of Environmental Protection
Agency; appointment; duties
-STATUTE-
(a) The President, by and with the advice and consent of the
Senate, may appoint three Assistant Administrators of the
Environmental Protection Agency in addition to -
(1) the five Assistant Administrators provided for in section
1(d) of Reorganization Plan Numbered 3 of 1970 (5 U.S.C.
Appendix);
(2) the Assistant Administrator provided by section 2625(g) of
title 15; and
(3) the Assistant Administrator provided by section 6911a of
this title.
(b) Each Assistant Administrator appointed under subsection (a)
of this section shall perform such duties as the Administrator of
the Environmental Protection Agency may prescribe.
-SOURCE-
(Pub. L. 98-80, Sec. 1, Aug. 23, 1983, 97 Stat. 485.)
-REFTEXT-
REFERENCES IN TEXT
Reorganization Plan Numbered 3 of 1970, referred to in subsec.
(a)(1), is set out under section 4321 of this title.
-COD-
CODIFICATION
Section was not enacted as part of the National Environmental
Policy Act of 1969 which comprises this chapter.
-End-
-CITE-
42 USC Sec. 4370b 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 4370b. Availability of fees and charges to carry out Agency
programs
-STATUTE-
Notwithstanding any other provision of law, after September 30,
1990, amounts deposited in the Licensing and Other Services Fund
from fees and charges assessed and collected by the Administrator
for services and activities carried out pursuant to the statutes
administered by the Environmental Protection Agency shall
thereafter be available to carry out the Agency's activities in the
programs for which the fees or charges are made.
-SOURCE-
(Pub. L. 101-144, title III, Nov. 9, 1989, 103 Stat. 858.)
-COD-
CODIFICATION
Section was enacted as part of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1990, and not as part of the National
Environmental Policy Act of 1969 which comprises this chapter.
-End-
-CITE-
42 USC Sec. 4370c 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 4370c. Environmental Protection Agency fees
-STATUTE-
(a) Assessment and collection
The Administrator of the Environmental Protection Agency shall,
by regulation, assess and collect fees and charges for services and
activities carried out pursuant to laws administered by the
Environmental Protection Agency.
(b) Amount of fees and charges
Fees and charges assessed pursuant to this section shall be in
such amounts as may be necessary to ensure that the aggregate
amount of fees and charges collected pursuant to this section, in
excess of the amount of fees and charges collected under current
law -
(1) in fiscal year 1991, is not less than $28,000,000; and
(2) in each of fiscal years 1992, 1993, 1994, and 1995, is not
less than $38,000,000.
(c) Limitation on fees and charges
(1) The maximum aggregate amount of fees and charges in excess of
the amounts being collected under current law which may be assessed
and collected pursuant to this section in a fiscal year -
(A) for services and activities carried out pursuant ot )1(!
the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.]
is $10,000,000; and
(B) for services and activities in programs within the
jurisdiction of the House Committee on Energy and Commerce and
administered by the Environmental Protection Agency through the
Administrator, shall be limited to such sums collected as of
November 5, 1990, pursuant to sections 2625(b) and 2665(e)(2)
)2(! of title 15, and such sums specifically authorized by the
Clean Air Act Amendments of 1990.
(2) Any remaining amounts required to be collected under this
section shall be collected from services and programs administered
by the Environmental Protection Agency other than those specified
in subparagraphs (A) and (B) of paragraph (1).
(d) Rule of construction
Nothing in this section increases or diminishes the authority of
the Administrator to promulgate regulations pursuant to section
9701 of title 31.
(e) Uses of fees
Fees and charges collected pursuant to this section shall be
deposited into a special account for environmental services in the
Treasury of the United States. Subject to appropriation Acts, such
funds shall be available to the Environmental Protection Agency to
carry out the activities for which such fees and charges are
collected. Such funds shall remain available until expended.
-SOURCE-
(Pub. L. 101-508, title VI, Sec. 6501, Nov. 5, 1990, 104 Stat.
1388-320.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Water Pollution Control Act, referred to in subsec.
(c)(1)(A), 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 chapter 26 (Sec. 1251 et seq.) of Title 33,
Navigation and Navigable Waters. For complete classification of
this Act to the Code, see Short Title note set out under section
1251 of Title 33 and Tables.
Section 2665(e)(2) of title 15, referred to in subsec. (c)(1)(B),
was redesignated section 2665(d)(2) of Title 15, Commerce and
Trade, by Pub. L. 104-66, title II, Sec. 2021(l)(2), Dec. 21, 1995,
109 Stat. 728.
The Clean Air Act Amendments of 1990, referred to in subsec.
(c)(1)(B), means Pub. L. 101-549, Nov. 15, 1990, 104 Stat. 2399.
For complete classification of this Act to the Code, see Short
Title of 1990 Amendment note set out under section 7401 of this
title and Tables.
-COD-
CODIFICATION
In subsec. (d), "section 9701 of title 31" was in the original
"the Independent Office Appropriations Act (31 U.S.C. 9701)" and
substitution was made as if it read for "title V of the Independent
Offices Appropriation Act of 1952" on authority of Pub. L. 97-258,
Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of
which enacted Title 31, Money and Finance.
Section was enacted as part of the Omnibus Budget Reconciliation
Act of 1990, and not as part of the National Environmental Policy
Act of 1969 which comprises this chapter.
-CHANGE-
CHANGE OF NAME
Committee on Energy and Commerce of House of Representatives
treated as referring to Committee on Commerce 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. Committee on
Commerce of House of Representatives changed to Committee on Energy
and Commerce of House of Representatives, and jurisdiction over
matters relating to securities and exchanges and insurance
generally transferred to Committee on Financial Services of House
of Representatives by House Resolution No. 5, One Hundred Seventh
Congress, Jan. 3, 2001.
-FOOTNOTE-
)1(! So in original. Probably should be "to".
)2(! See References in Text note below.
-End-
-CITE-
42 USC Sec. 4370d 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 4370d. Percentage of Federal funding for organizations owned
by socially and economically disadvantaged individuals
-STATUTE-
The Administrator of the Environmental Protection Agency shall,
on and after October 6, 1992, to the fullest extent possible,
ensure that at least 8 per centum of Federal funding for prime and
subcontracts awarded in support of authorized programs, including
grants, loans, and contracts for wastewater treatment and leaking
underground storage tanks grants, be made available to business
concerns or other organizations owned or controlled by socially and
economically disadvantaged individuals (within the meaning of
section 637(a)(5) and (6) of title 15), including historically
black colleges and universities. For purposes of this section,
economically and socially disadvantaged individuals shall be deemed
to include women.
-SOURCE-
(Pub. L. 102-389, title III, Oct. 6, 1992, 106 Stat. 1602.)
-COD-
CODIFICATION
Section was enacted as part of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1993, and not as part of the National
Environmental Policy Act of 1969 which comprises this chapter.
-End-
-CITE-
42 USC Sec. 4370e 01/19/04
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 55 - NATIONAL ENVIRONMENTAL POLICY
SUBCHAPTER III - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 4370e. Working capital fund in Treasury
-STATUTE-
There is hereby established in the Treasury a "Working capital
fund", to be available without fiscal year limitation for expenses
and equipment necessary for the maintenance and operation of such
administrative services as the Administrator determines may be
performed more advantageously as central services: Provided, That
any inventories, equipment, and other assets pertaining to the
services to be provided by such fund, either on hand or on order,
less the related liabilities or unpaid obligations, and any
appropriations made hereafter for the purpose of providing capital,
shall be used to capitalize such fund: Provided further, That such
fund shall be paid in advance or reimbursed from funds available to
the Agency and other Federal agencies for which such centralized
services are performed, at rates which will return in full all
expenses of operation, including accrued leave, depreciation of
fund plant and equipment, amortization of automated data processing
(ADP) software and systems (either acquired or donated), and an
amount necessary to maintain a reasonable operating reserve, as
determined by the Administrator: Provided further, That such fund (continued)