1. U.S. Code
  2. title 33
  3. chapter 26
  4. subchapter I
  5. § 1254a

Collapse to view only § 1254a. Research on effects of pollutants

§ 1251. Congressional declaration of goals and policy
(a) Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for achievement of objective
The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter—
(1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985;
(2) it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983;
(3) it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited;
(4) it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works;
(5) it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of sources of pollutants in each State;
(6) it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of pollutants into the navigable waters, waters of the contiguous zone, and the oceans; and
(7) it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this chapter to be met through the control of both point and nonpoint sources of pollution.
(b) Congressional recognition, preservation, and protection of primary responsibilities and rights of States
(c) Congressional policy toward Presidential activities with foreign countries
(d) Administrator of Environmental Protection Agency to administer chapter
(e) Public participation in development, revision, and enforcement of any regulation, etc.
(f) Procedures utilized for implementing chapter
(g) Authority of States over water
(June 30, 1948, ch. 758, title I, § 101, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816; amended Pub. L. 95–217, §§ 5(a), 26(b), Dec. 27, 1977, 91 Stat. 1567, 1575; Pub. L. 100–4, title III, § 316(b), Feb. 4, 1987, 101 Stat. 60.)

CITE AS: 33 USC 1251

§ 1252. Comprehensive programs for water pollution control
(a) Preparation and development
(b) Planning for reservoirs; storage for regulation of streamflow
(1) In the survey or planning of any reservoir by the Corps of Engineers, Bureau of Reclamation, or other Federal agency, consideration shall be given to inclusion of storage for regulation of streamflow, except that any such storage and water releases shall not be provided as a substitute for adequate treatment or other methods of controlling waste at the source.
(2) The need for and the value of storage for regulation of streamflow (other than for water quality) including but not limited to navigation, salt water intrusion, recreation, esthetics, and fish and wildlife, shall be determined by the Corps of Engineers, Bureau of Reclamation, or other Federal agencies.
(3) The need for, the value of, and the impact of, storage for water quality control shall be determined by the Administrator, and his views on these matters shall be set forth in any report or presentation to Congress proposing authorization or construction of any reservoir including such storage.
(4) The value of such storage shall be taken into account in determining the economic value of the entire project of which it is a part, and costs shall be allocated to the purpose of regulation of streamflow in a manner which will insure that all project purposes, share equitably in the benefit of multiple-purpose construction.
(5) Costs of regulation of streamflow features incorporated in any Federal reservoir or other impoundment under the provisions of this chapter shall be determined and the beneficiaries identified and if the benefits are widespread or national in scope, the costs of such features shall be nonreimbursable.
(6) No license granted by the Federal Energy Regulatory Commission for a hydroelectric power project shall include storage for regulation of streamflow for the purpose of water quality control unless the Administrator shall recommend its inclusion and such reservoir storage capacity shall not exceed such proportion of the total storage required for the water quality control plan as the drainage area of such reservoir bears to the drainage area of the river basin or basins involved in such water quality control plan.
(c) Basins; grants to State agencies
(1) The Administrator shall, at the request of the Governor of a State, or a majority of the Governors when more than one State is involved, make a grant to pay not to exceed 50 per centum of the administrative expenses of a planning agency for a period not to exceed three years, which period shall begin after October 18, 1972, if such agency provides for adequate representation of appropriate State, interstate, local, or (when appropriate) international interests in the basin or portion thereof involved and is capable of developing an effective, comprehensive water quality control plan for a basin or portion thereof.
(2) Each planning agency receiving a grant under this subsection shall develop a comprehensive pollution control plan for the basin or portion thereof which—
(A) is consistent with any applicable water quality standards effluent and other limitations, and thermal discharge regulations established pursuant to current law within the basin;
(B) recommends such treatment works as will provide the most effective and economical means of collection, storage, treatment, and elimination of pollutants and recommends means to encourage both municipal and industrial use of such works;
(C) recommends maintenance and improvement of water quality within the basin or portion thereof and recommends methods of adequately financing those facilities as may be necessary to implement the plan; and
(D) as appropriate, is developed in cooperation with, and is consistent with any comprehensive plan prepared by the Water Resources Council, any areawide waste management plans developed pursuant to section 1288 of this title, and any State plan developed pursuant to section 1313(e) of this title.
(3) For the purposes of this subsection the term “basin” includes, but is not limited to, rivers and their tributaries, streams, coastal waters, sounds, estuaries, bays, lakes, and portions thereof as well as the lands drained thereby.
(June 30, 1948, ch. 758, title I, § 102, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 817; amended Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583; Pub. L. 95–217, § 5(b), Dec. 27, 1977, 91 Stat. 1567; Pub. L. 104–66, title II, § 2021(a), Dec. 21, 1995, 109 Stat. 726.)

CITE AS: 33 USC 1252

§ 1252a. Reservoir projects, water storage; modification; storage for other than for water quality, opinion of Federal agency, committee resolutions of approval; provisions inapplicable to projects with certain prescribed water quality benefits in relation to total project benefits

In the case of any reservoir project authorized for construction by the Corps of Engineers, Bureau of Reclamation, or other Federal agency when the Administrator of the Environmental Protection Agency determines pursuant to section 1252(b) of this title that any storage in such project for regulation of streamflow for water quality is not needed, or is needed in a different amount, such project may be modified accordingly by the head of the appropriate agency, and any storage no longer required for water quality may be utilized for other authorized purposes of the project when, in the opinion of the head of such agency, such use is justified. Any such modification of a project where the benefits attributable to water quality are 15 per centum or more but not greater than 25 per centum of the total project benefits shall take effect only upon the adoption of resolutions approving such modification by the appropriate committees of the Senate and House of Representatives. The provisions of the section shall not apply to any project where the benefits attributable to water quality exceed 25 per centum of the total project benefits.

(Pub. L. 93–251, title I, § 65, Mar. 7, 1974, 88 Stat. 30.)

CITE AS: 33 USC 1252a

§ 1253. Interstate cooperation and uniform laws
(a) The Administrator shall encourage cooperative activities by the States for the prevention, reduction, and elimination of pollution, encourage the enactment of improved and, so far as practicable, uniform State laws relating to the prevention, reduction, and elimination of pollution; and encourage compacts between States for the prevention and control of pollution.
(b) The consent of the Congress is hereby given to two or more States to negotiate and enter into agreements or compacts, not in conflict with any law or treaty of the United States, for (1) cooperative effort and mutual assistance for the prevention and control of pollution and the enforcement of their respective laws relating thereto, and (2) the establishment of such agencies, joint or otherwise, as they may deem desirable for making effective such agreements and compacts. No such agreement or compact shall be binding or obligatory upon any State a party thereto unless and until it has been approved by the Congress.
(June 30, 1948, ch. 758, title I, § 103, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 818.)

CITE AS: 33 USC 1253

§ 1254. Research, investigations, training, and information
(a) Establishment of national programs; cooperation; investigations; water quality surveillance system; reportsThe Administrator shall establish national programs for the prevention, reduction, and elimination of pollution and as part of such programs shall—
(1) in cooperation with other Federal, State, and local agencies, conduct and promote the coordination and acceleration of, research, investigations, experiments, training, demonstrations, surveys, and studies relating to the causes, effects, extent, prevention, reduction, and elimination of pollution;
(2) encourage, cooperate with, and render technical services to pollution control agencies and other appropriate public or private agencies, institutions, and organizations, and individuals, including the general public, in the conduct of activities referred to in paragraph (1) of this subsection;
(3) conduct, in cooperation with State water pollution control agencies and other interested agencies, organizations and persons, public investigations concerning the pollution of any navigable waters, and report on the results of such investigations;
(4) establish advisory committees composed of recognized experts in various aspects of pollution and representatives of the public to assist in the examination and evaluation of research progress and proposals and to avoid duplication of research;
(5) in cooperation with the States, and their political subdivisions, and other Federal agencies establish, equip, and maintain a water quality surveillance system for the purpose of monitoring the quality of the navigable waters and ground waters and the contiguous zone and the oceans and the Administrator shall, to the extent practicable, conduct such surveillance by utilizing the resources of the National Aeronautics and Space Administration, the National Oceanic and Atmospheric Administration, the United States Geological Survey, and the Coast Guard, and shall report on such quality in the report required under subsection (a) of section 1375 of this title; and
(6) initiate and promote the coordination and acceleration of research designed to develop the most effective practicable tools and techniques for measuring the social and economic costs and benefits of activities which are subject to regulation under this chapter; and shall transmit a report on the results of such research to the Congress not later than January 1, 1974.
(b) Authorized activities of AdministratorIn carrying out the provisions of subsection (a) of this section the Administrator is authorized to—
(1) collect and make available, through publications and other appropriate means, the results of and other information, including appropriate recommendations by him in connection therewith, pertaining to such research and other activities referred to in paragraph (1) of subsection (a);
(2) cooperate with other Federal departments and agencies, State water pollution control agencies, interstate agencies, other public and private agencies, institutions, organizations, industries involved, and individuals, in the preparation and conduct of such research and other activities referred to in paragraph (1) of subsection (a);
(3) make grants to State water pollution control agencies, interstate agencies, other public or nonprofit private agencies, institutions, organizations, and individuals, for purposes stated in paragraph (1) of subsection (a) of this section;
(4) contract with public or private agencies, institutions, organizations, and individuals, without regard to section 3324(a) and (b) of title 31 and section 6101 of title 41, referred to in paragraph (1) of subsection (a);
(5) establish and maintain research fellowships at public or nonprofit private educational institutions or research organizations;
(6) collect and disseminate, in cooperation with other Federal departments and agencies, and with other public or private agencies, institutions, and organizations having related responsibilities, basic data on chemical, physical, and biological effects of varying water quality and other information pertaining to pollution and the prevention, reduction, and elimination thereof;
(7) develop effective and practical processes, methods, and prototype devices for the prevention, reduction, and elimination of pollution; and
(8) make grants to nonprofit organizations—
(A) to provide technical assistance to rural, small, and tribal municipalities for the purpose of assisting, in consultation with the State in which the assistance is provided, such municipalities and tribal governments in the planning, developing, and acquisition of financing for eligible projects and activities described in section 1383(c) of this title;
(B) to provide technical assistance and training for rural, small, and tribal publicly owned treatment works and decentralized wastewater treatment systems to enable such treatment works and systems to protect water quality and achieve and maintain compliance with the requirements of this chapter; and
(C) to disseminate information to rural, small, and tribal municipalities and municipalities that meet the affordability criteria established under section 1383(i)(2) of this title by the State in which the municipality is located with respect to planning, design, construction, and operation of publicly owned treatment works and decentralized wastewater treatment systems.
(c) Research and studies on harmful effects of pollutants; cooperation with Secretary of Health and Human Services
(d) Sewage treatment; identification and measurement of effects of pollutants; augmented streamflowIn carrying out the provisions of this section the Administrator shall develop and demonstrate under varied conditions (including conducting such basic and applied research, studies, and experiments as may be necessary):
(1) Practicable means of treating municipal sewage, and other waterborne wastes to implement the requirements of section 1281 of this title;
(2) Improved methods and procedures to identify and measure the effects of pollutants, including those pollutants created by new technological developments; and
(3) Methods and procedures for evaluating the effects on water quality of augmented streamflows to control pollution not susceptible to other means of prevention, reduction, or elimination.
(e) Field laboratory and research facilities
(f) Great Lakes water quality research
(g) Treatment works pilot training programs; employment needs forecasting; training projects and grants; research fellowships; technical training; report to the President and transmittal to Congress
(1) For the purpose of providing an adequate supply of trained personnel to operate and maintain existing and future treatment works and related activities, and for the purpose of enhancing substantially the proficiency of those engaged in such activities, the Administrator shall finance pilot programs, in cooperation with State and interstate agencies, municipalities, educational institutions, and other organizations and individuals, of manpower development and training and retraining of persons in, on entering into, the field of operation and maintenance of treatment works and related activities. Such program and any funds expended for such a program shall supplement, not supplant, other manpower and training programs and funds available for the purposes of this paragraph. The Administrator is authorized, under such terms and conditions as he deems appropriate, to enter into agreements with one or more States, acting jointly or severally, or with other public or private agencies or institutions for the development and implementation of such a program.
(2) The Administrator is authorized to enter into agreements with public and private agencies and institutions, and individuals to develop and maintain an effective system for forecasting the supply of, and demand for, various professional and other occupational categories needed for the prevention, reduction, and elimination of pollution in each region, State, or area of the United States and, from time to time, to publish the results of such forecasts.
(3) In furtherance of the purposes of this chapter, the Administrator is authorized to—
(A) make grants to public or private agencies and institutions and to individuals for training projects, and provide for the conduct of training by contract with public or private agencies and institutions and with individuals without regard to section 3324(a) and (b) of title 31 and section 6101 of title 41;
(B) establish and maintain research fellowships in the Environmental Protection Agency with such stipends and allowances, including traveling and subsistence expenses, as he may deem necessary to procure the assistance of the most promising research fellows; and
(C) provide, in addition to the program established under paragraph (1) of this subsection, training in technical matters relating to the causes, prevention, reduction, and elimination of pollution for personnel of public agencies and other persons with suitable qualifications.
(4) The Administrator shall submit, through the President, a report to the Congress not later than December 31, 1973, summarizing the actions taken under this subsection and the effectiveness of such actions, and setting forth the number of persons trained, the occupational categories for which training was provided, the effectiveness of other Federal, State, and local training programs in this field, together with estimates of future needs, recommendations on improving training programs, and such other information and recommendations, including legislative recommendations, as he deems appropriate.
(h) Lake pollution
(i) Oil pollution control studiesThe Administrator, in cooperation with the Secretary of the Department in which the Coast Guard is operating, shall—
(1) engage in such research, studies, experiments, and demonstrations as he deems appropriate, relative to the removal of oil from any waters and to the prevention, control, and elimination of oil and hazardous substances pollution;
(2) publish from time to time the results of such activities; and
(3) from time to time, develop and publish in the Federal Register specifications and other technical information on the various chemical compounds used in the control of oil and hazardous substances spills.
In carrying out this subsection, the Administrator may enter into contracts with, or make grants to, public or private agencies and organizations and individuals.
(j) Solid waste disposal equipment for vessels
(k) Land acquisition
(l) Collection and dissemination of scientific knowledge on effects and control of pesticides in water
(1) The Administrator shall, after consultation with appropriate local, State, and Federal agencies, public and private organizations, and interested individuals, as soon as practicable but not later than January 1, 1973, develop and issue to the States for the purpose of carrying out this chapter the latest scientific knowledge available in indicating the kind and extent of effects on health and welfare which may be expected from the presence of pesticides in the water in varying quantities. He shall revise and add to such information whenever necessary to reflect developing scientific knowledge.
(2) The President shall, in consultation with appropriate local, State, and Federal agencies, public and private organizations, and interested individuals, conduct studies and investigations of methods to control the release of pesticides into the environment which study shall include examination of the persistency of pesticides in the water environment and alternatives thereto. The President shall submit reports, from time to time, on such investigations to Congress together with his recommendations for any necessary legislation.
(m) Waste oil disposal study
(1) The Administrator shall, in an effort to prevent degradation of the environment from the disposal of waste oil, conduct a study of (A) the generation of used engine, machine, cooling, and similar waste oil, including quantities generated, the nature and quality of such oil, present collecting methods and disposal practices, and alternate uses of such oil; (B) the long-term, chronic biological effects of the disposal of such waste oil; and (C) the potential market for such oils, including the economic and legal factors relating to the sale of products made from such oils, the level of subsidy, if any, needed to encourage the purchase by public and private nonprofit agencies of products from such oil, and the practicability of Federal procurement, on a priority basis, of products made from such oil. In conducting such study, the Administrator shall consult with affected industries and other persons.
(2) The Administrator shall report the preliminary results of such study to Congress within six months after October 18, 1972, and shall submit a final report to Congress within 18 months after such date.
(n) Comprehensive studies of effects of pollution on estuaries and estuarine zones
(1) The Administrator shall, in cooperation with the Secretary of the Army, the Secretary of Agriculture, the Water Resources Council, and with other appropriate Federal, State, interstate, or local public bodies and private organizations, institutions, and individuals, conduct and promote, and encourage contributions to, continuing comprehensive studies of the effects of pollution, including sedimentation, in the estuaries and estuarine zones of the United States on fish and wildlife, on sport and commercial fishing, on recreation, on water supply and water power, and on other beneficial purposes. Such studies shall also consider the effect of demographic trends, the exploitation of mineral resources and fossil fuels, land and industrial development, navigation, flood and erosion control, and other uses of estuaries and estuarine zones upon the pollution of the waters therein.
(2) In conducting such studies, the Administrator shall assemble, coordinate, and organize all existing pertinent information on the Nation’s estuaries and estuarine zones; carry out a program of investigations and surveys to supplement existing information in representative estuaries and estuarine zones; and identify the problems and areas where further research and study are required.
(3) The Administrator shall submit to Congress, from time to time, reports of the studies authorized by this subsection but at least one such report during any six-year period. Copies of each such report shall be made available to all interested parties, public and private.
(4) For the purpose of this subsection, the term “estuarine zones” means an environmental system consisting of an estuary and those transitional areas which are consistently influenced or affected by water from an estuary such as, but not limited to, salt marshes, coastal and intertidal areas, bays, harbors, lagoons, inshore waters, and channels, and the term “estuary” means all or part of the mouth of a river or stream or other body of water having unimpaired natural connection with open sea and within which the sea water is measurably diluted with fresh water derived from land drainage.
(o) Methods of reducing total flow of sewage and unnecessary water consumption; reports
(1) The Administrator shall conduct research and investigations on devices, systems, incentives, pricing policy, and other methods of reducing the total flow of sewage, including, but not limited to, unnecessary water consumption in order to reduce the requirements for, and the costs of, sewage and waste treatment services. Such research and investigations shall be directed to develop devices, systems, policies, and methods capable of achieving the maximum reduction of unnecessary water consumption.
(2) The Administrator shall report the preliminary results of such studies and investigations to the Congress within one year after October 18, 1972, and annually thereafter in the report required under subsection (a) of section 1375 of this title. Such report shall include recommendations for any legislation that may be required to provide for the adoption and use of devices, systems, policies, or other methods of reducing water consumption and reducing the total flow of sewage. Such report shall include an estimate of the benefits to be derived from adoption and use of such devices, systems, policies, or other methods and also shall reflect estimates of any increase in private, public, or other cost that would be occasioned thereby.
(p) Agricultural pollution
(q) Sewage in rural areas; national clearinghouse for alternative treatment information; clearinghouse on small flows
(1) The Administrator shall conduct a comprehensive program of research and investigation and pilot project implementation into new and improved methods of preventing, reducing, storing, collecting, treating, or otherwise eliminating pollution from sewage in rural and other areas where collection of sewage in conventional, communitywide sewage collection systems is impractical, uneconomical, or otherwise infeasible, or where soil conditions or other factors preclude the use of septic tank and drainage field systems.
(2) The Administrator shall conduct a comprehensive program of research and investigation and pilot project implementation into new and improved methods for the collection and treatment of sewage and other liquid wastes combined with the treatment and disposal of solid wastes.
(3) The Administrator shall establish, either within the Environmental Protection Agency, or through contract with an appropriate public or private non-profit organization, a national clearinghouse which shall (A) receive reports and information resulting from research, demonstrations, and other projects funded under this chapter related to paragraph (1) of this subsection and to subsection (e)(2) of section 1255 of this title; (B) coordinate and disseminate such reports and information for use by Federal and State agencies, municipalities, institutions, and persons in developing new and improved methods pursuant to this subsection; and (C) provide for the collection and dissemination of reports and information relevant to this subsection from other Federal and State agencies, institutions, universities, and persons.
(4)Small flows clearinghouse.—Notwithstanding section 1285(d) of this title, from amounts that are set aside for a fiscal year under section 1285(i) of this title and are not obligated by the end of the 24-month period of availability for such amounts under section 1285(d) of this title, the Administrator shall make available $1,000,000 or such unobligated amount, whichever is less, to support a national clearinghouse within the Environmental Protection Agency to collect and disseminate information on small flows of sewage and innovative or alternative wastewater treatment processes and techniques, consistent with paragraph (3). This paragraph shall apply with respect to amounts set aside under section 1285(i) of this title for which the 24-month period of availability referred to in the preceding sentence ends on or after September 30, 1986.
(r) Research grants to colleges and universities
(s) River Study Centers
(t) Thermal discharges
(u) Authorization of appropriations
(v) Studies concerning pathogen indicators in coastal recreation watersNot later than 18 months after October 10, 2000, after consultation and in cooperation with appropriate Federal, State, tribal, and local officials (including local health officials), the Administrator shall initiate, and, not later than 3 years after October 10, 2000, shall complete, in cooperation with the heads of other Federal agencies, studies to provide additional information for use in developing—
(1) an assessment of potential human health risks resulting from exposure to pathogens in coastal recreation waters, including nongastrointestinal effects;
(2) appropriate and effective indicators for improving detection in a timely manner in coastal recreation waters of the presence of pathogens that are harmful to human health;
(3) appropriate, accurate, expeditious, and cost-effective methods (including predictive models) for detecting in a timely manner in coastal recreation waters the presence of pathogens that are harmful to human health; and
(4) guidance for State application of the criteria for pathogens and pathogen indicators to be published under section 1314(a)(9) of this title to account for the diversity of geographic and aquatic conditions.
(w) Nonprofit organization
(June 30, 1948, ch. 758, title I, § 104, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 819; amended Pub. L. 93–207, § 1(1), Dec. 28, 1973, 87 Stat. 906; Pub. L. 93–592, § 1, Jan. 2, 1975, 88 Stat. 1924; Pub. L. 95–217, §§ 4(a), (b), 6, 7, Dec. 27, 1977, 91 Stat. 1566, 1567; Pub. L. 95–576, § 1(a), Nov. 2, 1978, 92 Stat. 2467; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 96–483, § 1(a), Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100–4, title I, §§ 101(a), 102, Feb. 4, 1987, 101 Stat. 8, 9; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000; Pub. L. 105–362, title V, § 501(a)(1), (d)(2)(A), Nov. 10, 1998, 112 Stat. 3283; Pub. L. 106–284, § 3(a), Oct. 10, 2000, 114 Stat. 871; Pub. L. 107–303, title III, § 302(b)(1), Nov. 27, 2002, 116 Stat. 2361; Pub. L. 115–270, title IV, § 4103, Oct. 23, 2018, 132 Stat. 3872; Pub. L. 117–58, div. E, title II, §§ 50201(a), 50210(a)(2), Nov. 15, 2021, 135 Stat. 1158, 1169.)

CITE AS: 33 USC 1254

§ 1254a. Research on effects of pollutants

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.

(Pub. L. 100–4, title I, § 105, Feb. 4, 1987, 101 Stat. 15.)

CITE AS: 33 USC 1254a

§ 1255. Grants for research and development
(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
(c) Research and demonstration projects for prevention of water pollution by industry
(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).
(g) Maximum grants
(h) Authorization of appropriations
(i) Assistance for research and demonstration projects
(j) Assistance for recycle, reuse, and land treatment projects
(June 30, 1948, ch. 758, title I, § 105, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 825; amended Pub. L. 93–592, § 2, Jan. 2, 1975, 88 Stat. 1925; Pub. L. 95–217, §§ 8, 9, Dec. 27, 1977, 91 Stat. 1568.)

CITE AS: 33 USC 1255

§ 1256. Grants for pollution control programs
(a) Authorization of appropriations for State and interstate programsThere 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
(c) Maximum annual paymentsThe 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), 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
(e) Grants prohibited to States not establishing water quality monitoring procedures or adequate emergency and contingency plansBeginning 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) ConditionsGrants 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 span as the Administrator may prescribe.
(g) Reallotment of unpaid allotments
(June 30, 1948, ch. 758, title I, § 106, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 827; amended Pub. L. 93–592, § 3, Jan. 2, 1975, 88 Stat. 1925; Pub. L. 94–273, § 3(20), Apr. 21, 1976, 90 Stat. 377; Pub. L. 95–217, § 4(c), Dec. 27, 1977, 91 Stat. 1566; Pub. L. 96–483, § 1(b), Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100–4, title I, § 101(b), Feb. 4, 1987, 101 Stat. 9.)

CITE AS: 33 USC 1256

§ 1257. Mine water pollution control demonstrations
(a) Comprehensive approaches to elimination or control of mine water pollution
(b) Consistency of projects with objectives of subtitle IV of title 40
(c) Watershed selection
(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
(June 30, 1948, ch. 758, title I, § 107, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 828.)

CITE AS: 33 USC 1257

§ 1257a. State demonstration programs for cleanup of abandoned mines for use as waste disposal sites; authorization of appropriations

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.

(Pub. L. 96–483, § 12, Oct. 21, 1980, 94 Stat. 2363.)

CITE AS: 33 USC 1257a

§ 1258. Pollution control in the Great Lakes
(a) Demonstration projects
(b) Conditions of Federal participation
(c) Authorization of appropriations
(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
(June 30, 1948, ch. 758, title I, § 108, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 828.)

CITE AS: 33 USC 1258

§ 1259. Training grants and contracts
(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.
(June 30, 1948, ch. 758, title I, § 109, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 829; amended Pub. L. 95–217, § 10, Dec. 27, 1977, 91 Stat. 1568.)

CITE AS: 33 USC 1259

§ 1260. Applications; allocation
(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).
(June 30, 1948, ch. 758, title I, § 110, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 830.)

CITE AS: 33 USC 1260

§ 1261. Scholarships
(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.
(June 30, 1948, ch. 758, title I, § 111, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 831.)

CITE AS: 33 USC 1261

§ 1262. Definitions and authorizations
(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.
(June 30, 1948, ch. 758, title I, § 112, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 832; amended Pub. L. 93–592, § 4, Jan. 2, 1975, 88 Stat. 1925; Pub. L. 95–217, § 4(d), Dec. 27, 1977, 91 Stat. 1566; Pub. L. 96–483, § 1(c), Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100–4, title I, § 101(c), Feb. 4, 1987, 101 Stat. 9; Pub. L. 105–244, title I, § 102(a)(11), Oct. 7, 1998, 112 Stat. 1620.)

CITE AS: 33 USC 1262

§ 1263. Alaska village demonstration projects
(a) Central community facilities for safe water; elimination or control of pollution
(b) Utilization of personnel and facilities of Department of Health and Human Services
(c) Omitted
(d) Authorization of appropriations
(e) Study to develop comprehensive program for achieving sanitation services; report to Congress
(f) Technical, financial, and management assistance
(g) “Village” and “sanitation services” defined
(June 30, 1948, ch. 758, title I, § 113, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 832; amended Pub. L. 95–217, § 11, Dec. 27, 1977, 91 Stat. 1568; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)

CITE AS: 33 USC 1263

§ 1263a. Grants to Alaska to improve sanitation in rural and Native villages
(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
(c) Administrative expenses
(d) Consultation with State of Alaska
(e) Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1) $40,000,000 for each of fiscal years 2022 through 2024;
(2) $50,000,000 for fiscal year 2025; and
(3) $60,000,000 for fiscal year 2026.
(Pub. L. 104–182, title III, § 303, Aug. 6, 1996, 110 Stat. 1683; Pub. L. 106–457, title IX, § 903, Nov. 7, 2000, 114 Stat. 1982; Pub. L. 117–58, div. E, title II, § 50212, Nov. 15, 2021, 135 Stat. 1172.)

CITE AS: 33 USC 1263a

§ 1264. Omitted

CITE AS: 33 USC 1264

§ 1265. In-place toxic pollutants

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.

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

CITE AS: 33 USC 1265

§ 1266. Hudson River reclamation demonstration proj­ect
(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.
(June 30, 1948, ch. 758, title I, § 116, as added Pub. L. 96–483, § 10, Oct. 21, 1980, 94 Stat. 2363; amended Pub. L. 105–362, title V, § 501(d)(2)(B), Nov. 10, 1998, 112 Stat. 3284; Pub. L. 107–303, title III, § 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)

CITE AS: 33 USC 1266

§ 1267. Chesapeake Bay
(a) DefinitionsIn this section, the following definitions apply:
(1) Administrative cost
(2) Chesapeake Bay Agreement
(3) Chesapeake Bay ecosystem
(4) Chesapeake Bay Program
(5) Chesapeake Executive Council
(6) Signatory jurisdiction
(b) Continuation of Chesapeake Bay Program
(1) In general
(2) Program Office
(A) In general
(B) FunctionThe 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
(d) Technical assistance and assistance grants
(1) In general
(2) Federal share
(A) In general
(B) Small watershed grants program
(3) Non-Federal share
(4) Administrative costs
(e) Implementation and monitoring grants
(1) In generalIf 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
(B) ContentsA 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
(4) Federal share
(5) Non-Federal share
(6) Administrative costs
(7) ReportingOn 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
(2) Compliance with agreement
(3) Budget coordination
(A) In general
(B) Disclosure to the Council
(g) Chesapeake Bay Program
(1) Management strategiesThe 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 programThe 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) 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
(2) RequirementsThe 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
(2) RequirementsThe 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.
(3) Annual survey
(j) Authorization of appropriationsThere are authorized to be appropriated to carry out this section—
(1) for fiscal year 2021, $90,000,000;
(2) for fiscal year 2022, $90,500,000;
(3) for fiscal year 2023, $91,000,000;
(4) for fiscal year 2024, $91,500,000; and
(5) for fiscal year 2025, $92,000,000.
(June 30, 1948, ch. 758, title I, § 117, as added Pub. L. 100–4, title I, § 103, Feb. 4, 1987, 101 Stat. 10; amended Pub. L. 106–457, title II, § 203, Nov. 7, 2000, 114 Stat. 1967; Pub. L. 114–322, title IV, § 5007, Dec. 16, 2016, 130 Stat. 1896; Pub. L. 116–188, title I, § 109, Oct. 30, 2020, 134 Stat. 920.)

CITE AS: 33 USC 1267

§ 1268. Great Lakes
(a) Findings, purpose, and definitions
(1) FindingsThe 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
(3) DefinitionsFor 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);
(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;
(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;
(K) “site characterization” means a process for monitoring and evaluating the nature and extent of sediment contamination in accordance with the Environmental Protection Agency’s guidance for the assessment of contaminated sediment in an area of concern located wholly or partially within the United States; and
(L) “potentially responsible party” means an individual or entity that may be liable under any Federal or State authority that is being used or may be used to facilitate the cleanup and protection of the Great Lakes.
(b) Great Lakes National Program Office
(c) Great Lakes management
(1) FunctionsThe 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
1 So in original.
(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 PlansThe 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 2
2 So in original. Probably should be “paragraph”.
shall preclude the simultaneous development of Lakewide Management Plans for the other Great Lakes.
(5) Spills of oil and hazardous materials
(6) 5-year plan and program
(7) Great Lakes Restoration Initiative
(A) Establishment
(B) Focus areasIn carrying out the Initiative, the Administrator shall prioritize programs and projects, to be carried out in coordination with non-Federal partners, that address the priority areas described in the Initiative Action Plan, including—
(i) the remediation of toxic substances and areas of concern;
(ii) the prevention and control of invasive species and the impacts of invasive species;
(iii) the protection and restoration of nearshore health and the prevention and mitigation of nonpoint source pollution;
(iv) habitat and wildlife protection and restoration, including wetlands restoration and preservation; and
(v) accountability, monitoring, evaluation, communication, and partnership activities.
(C) Projects
(i) In generalIn carrying out the Initiative, the Administrator shall collaborate with other Federal partners, including the Great Lakes Interagency Task Force established by Executive Order No. 13340 (69 Fed. Reg. 29043), to select the best combination of programs and projects for Great Lakes protection and restoration using appropriate principles and criteria, including whether a program or project provides—(I) the ability to achieve strategic and measurable environmental outcomes that implement the Initiative Action Plan and the Great Lakes Water Quality Agreement;(II) the feasibility of—(aa) prompt implementation;(bb) timely achievement of results; and(cc) resource leveraging; and(III) the opportunity to improve interagency, intergovernmental, and interorganizational coordination and collaboration to reduce duplication and streamline efforts.
(ii) Outreach
(iii) Harmful algal bloom coordinator
(D) Implementation of projects
(i) In generalSubject to subparagraph (J)(ii), funds made available to carry out the Initiative shall be used to strategically implement—(I) Federal projects;(II) projects carried out in coordination with States, Indian tribes, municipalities, institutions of higher education, and other organizations; and(III) operations and activities of the Program Office, including remediation of sediment contamination in areas of concern.
(ii) Transfer of fundsWith amounts made available for the Initiative each fiscal year, the Administrator may—(I) transfer not more than the total amount appropriated under subparagraph (J)(i) for the fiscal year to the head of any Federal department or agency, with the concurrence of the department or agency head, to carry out activities to support the Initiative and the Great Lakes Water Quality Agreement; and(II) enter into an interagency agreement with the head of any Federal department or agency to carry out activities described in subclause (I).
(iii) Agreements with non-Federal entities(I) In general(II) Qualified non-Federal entity
(E) Scope
(i) In generalProjects may be carried out under the Initiative on multiple levels, including—(I) locally;(II) Great Lakes-wide; or(III) Great Lakes basin-wide.
(ii) LimitationNo funds made available to carry out the Initiative may be used for any water infrastructure activity (other than a green infrastructure project that improves habitat and other ecosystem functions in the Great Lakes) for which financial assistance is received—(I) from a State water pollution control revolving fund established under subchapter VI;(II) from a State drinking water revolving loan fund established under section 300j–12 of title 42; or(III) pursuant to the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.).
(F) Activities by other Federal agenciesEach relevant Federal department or agency shall, to the maximum extent practicable—
(i) maintain the base level of funding for the Great Lakes activities of that department or agency without regard to funding under the Initiative; and
(ii) identify new activities and projects to support the environmental goals of the Initiative.
(G) Revision of Initiative Action Plan
(i) In general
(ii) Outreach
(H) Monitoring and reportingThe Administrator shall—
(i) establish and maintain a process for monitoring and periodically reporting to the public on the progress made in implementing the Initiative Action Plan;
(ii) make information about each project carried out under the Initiative Action Plan available on a public website; and
(iii) provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a yearly detailed description of the progress of the Initiative and amounts transferred to participating Federal departments and agencies under subparagraph (D)(ii).
(I) Initiative Action Plan defined
(J) Funding
(i) In generalThere are authorized to be appropriated to carry out this paragraph—(I) $300,000,000 for each of fiscal years 2017 through 2021;(II) $375,000,000 for fiscal year 2022;(III) $400,000,000 for fiscal year 2023;(IV) $425,000,000 for fiscal year 2024;(V) $450,000,000 for fiscal year 2025; and(VI) $475,000,000 for fiscal year 2026.
(ii) LimitationNothing in this paragraph creates, expands, or amends the authority of the Administrator to implement programs or projects under—(I) this section;(II) the Initiative Action Plan; or(III) the Great Lakes Water Quality Agreement.
(8) Administrator’s responsibilityThe 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
(10) 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.
(11) Remediation of sediment contamination in areas of concern
(A) In general
(B) Eligible projectsA project meets the requirements of this subparagraph if the project is to be carried out in an area of concern located wholly or partially in the United States and the project—
(i) monitors or evaluates contaminated sediment;
(ii) subject to subparagraph (D), implements a plan to remediate contaminated sediment, including activities to restore aquatic habitat that are carried out in conjunction with a project for the remediation of contaminated sediment; or
(iii) prevents further or renewed contamination of sediment.
(C) PriorityIn selecting projects to carry out under this paragraph, the Administrator shall give priority to a project that—
(i) constitutes remedial action for contaminated sediment;
(ii)(I) has been identified in a Remedial Action Plan submitted under paragraph (3); and(II) is ready to be implemented;
(iii) will use an innovative approach, technology, or technique that may provide greater environmental benefits, or equivalent environmental benefits at a reduced cost; or
(iv) includes remediation to be commenced not later than 1 year after the date of receipt of funds for the project.
(D) LimitationsThe Administrator may not carry out a project under this paragraph for remediation of contaminated sediments located in an area of concern—
(i) if an evaluation of remedial alternatives for the area of concern has not been conducted, including a review of the short-term and long-term effects of the alternatives on human health and the environment;
(ii) if the Administrator determines that the area of concern is likely to suffer significant further or renewed contamination from existing sources of pollutants causing sediment contamination following completion of the project;
(iii) unless each non-Federal sponsor for the project has entered into a written project agreement with the Administrator under which the party agrees to carry out its responsibilities and requirements for the project; or
(iv) unless the Administrator provides assurance that the Agency has conducted a reasonable inquiry to identify potentially responsible parties connected with the site.
(E) Non-Federal share
(i) In general
(ii) In-kind contributions(I) In general(II) Credit(III) Work performed before project agreement(IV) LimitationCredit authorized under this clause for a project carried out under this paragraph—(aa) shall not exceed the non-Federal share of the cost of the project; and(bb) shall not exceed the actual and reasonable costs of the materials and services provided by the non-Federal sponsor, as determined by the Administrator.(V) Inclusion of certain contributions
(iii) Treatment of credit between projects
(iv) Non-Federal shareThe non-Federal share of the cost of a project carried out under this paragraph—(I) may include monies paid pursuant to, or the value of any in-kind contribution performed under, an administrative order on consent or judicial consent decree; but(II) may not include any funds paid pursuant to, or the value of any in-kind contribution performed under, a unilateral administrative order or court order.
(v) Operation and maintenance
(F) Site characterization
(i) In general
(ii) Limitation
(G) Coordination
(H) Authorization of appropriations
(i) In general
(ii) Availability
(iii) Allocation of funds
(12) Public information program
(A) In general
(B) Authorization of appropriations
(d) Great Lakes research
(1) Establishment of Research Office
(2) Identification of issues
(3) Inventory
(4) Research exchange
(5) Research program
(6) Monitoring
(7) Location
(e) Research and management coordination
(1) Joint plan
(2) Contents of planEach plan prepared under paragraph (1) shall—
(A) identify all proposed research dedicated to activities conducted 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) include the Agency’s assessment of priorities for research needed to fulfill the terms of such Agreement; and
(C) identify all proposed research that may be used to develop a comprehensive environmental data base for the Great Lakes System and establish priorities for development of such data base.
(3) Health research report
(A) Not later than September 30, 1994, the Program Office, in consultation with the Research Office, the Agency for Toxic Substances and Disease Registry, and Great Lakes States shall submit to the Congress a report assessing the adverse effects of water pollutants in the Great Lakes System on the health of persons in Great Lakes States and the health of fish, shellfish, and wildlife in the Great Lakes System. In conducting research in support of this report, the Administrator may, where appropriate, provide for research to be conducted under cooperative agreements with Great Lakes States.
(B) There is authorized to be appropriated to the Administrator to carry out this section not to exceed $3,000,000 for each of fiscal years 1992, 1993, and 1994.
(f) Interagency cooperation
(g) Relationship to existing Federal and State laws and international treatiesNothing in this section shall be construed—
(1) to affect the jurisdiction, powers, or prerogatives of any department, agency, or officer of the Federal Government or of any State government, or of any tribe, nor any powers, jurisdiction, or prerogatives of any international body created by treaty with authority relating to the Great Lakes; or
(2) to affect any other Federal or State authority that is being used or may be used to facilitate the cleanup and protection of the Great Lakes.
(h) Authorizations of Great Lakes appropriationsThere are authorized to be appropriated to the Administrator to carry out this section not to exceed—
(1) $11,000,000 per fiscal year for the fiscal years 1987, 1988, 1989, and 1990, and $25,000,000 for fiscal year 1991;
(2) such sums as are necessary for each of fiscal years 1992 through 2003; and
(3) $25,000,000 for each of fiscal years 2004 through 2008.
(June 30, 1948, ch. 758, title I, § 118, as added Pub. L. 100–4, title I, § 104, Feb. 4, 1987, 101 Stat. 11; amended Pub. L. 100–688, title I, § 1008, Nov. 18, 1988, 102 Stat. 4151; Pub. L. 101–596, title I, §§ 101–106, Nov. 16, 1990, 104 Stat. 3000–3004; Pub. L. 107–303, title I, §§ 102–105, Nov. 27, 2002, 116 Stat. 2355–2358; Pub. L. 110–365, §§ 2, 3, Oct. 8, 2008, 122 Stat. 4021; Pub. L. 113–188, title VII, § 701, Nov. 26, 2014, 128 Stat. 2019; Pub. L. 114–113, div. G, title IV, § 426, Dec. 18, 2015, 129 Stat. 2581; Pub. L. 114–322, title IV, § 5005, Dec. 16, 2016, 130 Stat. 1889; Pub. L. 116–294, § 2, Jan. 5, 2021, 134 Stat. 4899.)

CITE AS: 33 USC 1268

§ 1268a. Great Lakes restoration activities report
(a) For purposes of this section the following definitions apply:
(1) The terms “Great Lakes” and “Great Lakes State” have the same meanings as such terms have in section 1962d–22 of title 42.
(2) The term “Great Lakes restoration activities” means any Federal or State activity primarily or entirely within the Great Lakes watershed that seeks to improve the overall health of the Great Lakes ecosystem.
(b) Hereafter, not later than 45 days after submission of the budget of the President to Congress, the Director of the Office of Management and Budget, in coordination with the Governor of each Great Lakes State and the Great Lakes Interagency Task Force, shall submit to the appropriate authorizing and appropriating committees of the Senate and the House of Representatives a financial report, certified by the Secretary of each agency that has budget authority for Great Lakes restoration activities, containing—
(1) an interagency budget crosscut report that—
(A) displays the budget proposed, including any planned interagency or intra-agency transfer, for each of the Federal agencies that carries out Great Lakes restoration activities in the upcoming fiscal year, separately reporting the amount of funding to be provided under existing laws pertaining to the Great Lakes ecosystem; and
(B) identifies all expenditures in each of the 5 prior fiscal years by the Federal Government and State governments for Great Lakes restoration activities;
(2) a detailed accounting of all funds received and obligated by all Federal agencies and, to the extent available, State agencies using Federal funds, for Great Lakes restoration activities during the current and previous fiscal years;
(3) a budget for the proposed projects (including a description of the project, authorization level, and project status) to be carried out in the upcoming fiscal year with the Federal portion of funds for activities; and
(4) a listing of all projects to be undertaken in the upcoming fiscal year with the Federal portion of funds for activities.
(Pub. L. 113–76, div. E, title VII, § 738, Jan. 17, 2014, 128 Stat. 238.)

CITE AS: 33 USC 1268a

§ 1269. Long Island Sound
(a) Office of Management Conference of the Long Island Sound Study
(b) Administration and staffing of Office
(c) Duties of OfficeThe Office shall assist the conference study in carrying out its goals. Specifically, the Office shall—
(1) assist and support the implementation of the Comprehensive Conservation and Management Plan for Long Island Sound developed pursuant to section 1330 of this title, including efforts to establish, within the process for granting watershed general permits, a system for promoting innovative methodologies and technologies that are cost-effective and consistent with the goals of the Plan;
(2) conduct or commission studies deemed necessary for strengthened implementation of the Comprehensive Conservation and Management Plan including, but not limited to—
(A) population growth and the adequacy of wastewater treatment facilities;
(B) the use of biological methods for nutrient removal in sewage treatment plants;
(C) contaminated sediments, and dredging activities;
(D) nonpoint source pollution abatement and land use activities in the Long Island Sound watershed;
(E) wetland protection and restoration;
(F) atmospheric deposition of acidic and other pollutants into Long Island Sound;
(G) water quality requirements to sustain fish, shellfish, and wildlife populations, and the use of indicator species to assess environmental quality;
(H) State water quality programs, for their adequacy pursuant to implementation of the Comprehensive Conservation and Management Plan;
(I) options for long-term financing of wastewater treatment projects and water pollution control programs;
(J) environmental vulnerabilities of the Long Island Sound watershed, including—
(i) the identification and assessment of such vulnerabilities in the watershed;
(ii) the development and implementation of adaptation strategies to reduce such vulnerabilities; and
(iii) the identification and assessment of the effects of sea level rise on water quality, habitat, and infrastructure; and 1
1 So in original.
(3) coordinate the grant, research and planning programs authorized under this section;
(4) develop and implement strategies to increase public education and awareness with respect to the ecological health and water quality conditions of Long Island Sound;
(5) provide administrative and technical support to the conference study;
(6) collect and make available to the public (including on a publicly accessible website) publications, and other forms of information the conference study determines to be appropriate, relating to the environmental quality of Long Island Sound;
(7) monitor the progress made toward meeting the identified goals, actions, and schedules of the Comprehensive Conservation and Management Plan, including through the implementation and support of a monitoring system for the ecological health and water quality conditions of Long Island Sound; and
(8) convene conferences and meetings for legislators from State governments and political subdivisions thereof for the purpose of making recommendations for coordinating legislative efforts to facilitate the environmental restoration of Long Island Sound and the implementation of the Comprehensive Conservation and Management Plan.
(d) Grants
(1) The Administrator is authorized to make grants for projects and studies which will help implement the Long Island Sound Comprehensive Conservation and Management Plan. Special emphasis shall be given to implementation, research and planning, enforcement, and citizen involvement and education.
(2) State, interstate, and regional water pollution control agencies, and other public or nonprofit private agencies, institutions, and organizations held to be eligible for grants pursuant to this subsection.
(3) Citizen involvement and citizen education grants under this subsection shall not exceed 95 per centum of the costs of such work. All other grants under this subsection shall not exceed 60 percent of the research, studies, or work. All grants shall be made on the condition that the non-Federal share of such costs are provided from non-Federal sources.
(e) Assistance to distressed communities
(1) Eligible communities
(2) Priority
(f) Report
(1) In generalNot later than 2 years after the date of enactment of this Act, and biennially thereafter, the Director of the Office, in consultation with the Governor of each Long Island Sound State, shall submit to Congress a report that—
(A) summarizes and assesses the progress made by the Office and the Long Island Sound States in implementing the Long Island Sound Comprehensive Conservation and Management Plan, including an assessment of the progress made toward meeting the performance goals and milestones contained in the Plan;
(B) assesses the key ecological attributes that reflect the health of the ecosystem of the Long Island Sound watershed;
(C) describes any substantive modifications to the Long Island Sound Comprehensive Conservation and Management Plan made during the 2-year period preceding the date of submission of the report;
(D) provides specific recommendations to improve progress in restoring and protecting the Long Island Sound watershed, including, as appropriate, proposed modifications to the Long Island Sound Comprehensive Conservation and Management Plan;
(E) identifies priority actions for implementation of the Long Island Sound Comprehensive Conservation and Management Plan for the 2-year period following the date of submission of the report; and
(F) describes the means by which Federal funding and actions will be coordinated with the actions of the Long Island Sound States and other entities.
(2) Public availability
(g) Federal entities
(1) Coordination
(2) MethodsIn carrying out this section, the Administrator, acting through the Director of the Office, may—
(A) enter into interagency agreements; and
(B) make intergovernmental personnel appointments.
(4) Consistency with comprehensive conservation and management plan
(h) Authorization of appropriations
(June 30, 1948, ch. 758, title I, § 119, as added Pub. L. 101–596, title II, § 202, Nov. 16, 1990, 104 Stat. 3004; amended Pub. L. 104–303, title V, § 583, Oct. 12, 1996, 110 Stat. 3791; Pub. L. 106–457, title IV, §§ 402—404, Nov. 7, 2000, 114 Stat. 1973; Pub. L. 109–137, § 1, Dec. 22, 2005, 119 Stat. 2646; Pub. L. 115–270, title IV, § 4104(a), (c)(1), Oct. 23, 2018, 132 Stat. 3873, 3875.)

CITE AS: 33 USC 1269

§ 1270. Patrick Leahy Lake Champlain Basin Program
(a) Establishment
(1) In general
(2) ImplementationThe Administrator—
(A) may provide support to the State of Vermont, the State of New York, and the New England Interstate Water Pollution Control Commission for the implementation of the Patrick Leahy Lake Champlain Basin Program; and
(B) shall coordinate actions of the Environmental Protection Agency under subparagraph (A) with the actions of other appropriate Federal agencies.
(b) MembershipThe Members of the Management Conference shall be comprised of—
(1) the Governors of the States of Vermont and New York;
(2) each interested Federal agency, not to exceed a total of five members;
(3) the Vermont and New York Chairpersons of the Vermont, New York, Quebec Citizens Advisory Committee for the Environmental Management of Lake Champlain;
(4) four representatives of the State legislature of Vermont;
(5) four representatives of the State legislature of New York;
(6) six persons representing local governments having jurisdiction over any land or water within the Lake Champlain basin, as determined appropriate by the Governors; and
(7) eight persons representing affected industries, nongovernmental organizations, public and private educational institutions, and the general public, as determined appropriate by the trigovernmental Citizens Advisory Committee for the Environmental Management of Lake Champlain, but not to be current members of the Citizens Advisory Committee.
(c) Technical Advisory Committee
(1) The Management Conference shall, not later than one hundred and twenty days after November 16, 1990, appoint a Technical Advisory Committee.
(2) Such Technical Advisory Committee shall consist of officials of: appropriate departments and agencies of the Federal Government; the State governments of New York and Vermont; and governments of political subdivisions of such States; and public and private research institutions.
(d) Research program
(e) Pollution prevention, control, and restoration plan
(1) Not later than three years after November 16, 1990, the Management Conference shall publish a pollution prevention, control, and restoration plan for Lake Champlain.
(2) The Plan developed pursuant to this section shall—
(A) identify corrective actions and compliance schedules addressing point and nonpoint sources of pollution necessary to restore and maintain the chemical, physical, and biological integrity of water quality, a balanced, indigenous population of shellfish, fish and wildlife, recreational, and economic activities in and on the lake;
(B) incorporate environmental management concepts and programs established in State and Federal plans and programs in effect at the time of the development of such plan;
(C) clarify the duties of Federal and State agencies in pollution prevention and control activities, and to the extent allowable by law, suggest a timetable for adoption by the appropriate Federal and State agencies to accomplish such duties within a reasonable period of time;
(D) describe the methods and schedules for funding of programs, activities, and projects identified in the Plan, including the use of Federal funds and other sources of funds;
(E) include a strategy for pollution prevention and control that includes the promotion of pollution prevention and management practices to reduce the amount of pollution generated in the Lake Champlain basin; and
(F) be reviewed and revised, as necessary, at least once every 5 years, in consultation with the Administrator and other appropriate Federal agencies.
(3) The Administrator, in cooperation with the Management Conference, shall provide for public review and comment on the draft Plan. At a minimum, the Management Conference shall conduct one public meeting to hear comments on the draft plan in the State of New York and one such meeting in the State of Vermont.
(4) Not less than one hundred and twenty days after the publication of the Plan required pursuant to this section, the Administrator shall approve such plan if the plan meets the requirements of this section and the Governors of the States of New York and Vermont concur.
(5) Upon approval of the plan, such plan shall be deemed to be an approved management program for the purposes of section 1329(h) of this title and such plan shall be deemed to be an approved comprehensive conservation and management plan pursuant to section 1330 of this title.
(f) Grant assistance
(1) The Administrator may, in consultation with participants in the Patrick Leahy Lake Champlain Basin Program, make grants to State, interstate, and regional water pollution control agencies, and public or nonprofit agencies, institutions, and organizations.
(2) Grants under this subsection shall be made for assisting research, surveys, studies, and modeling and technical and supporting work necessary for the development and implementation of the Plan.
(3) The amount of grants to any person under this subsection for a fiscal year shall not exceed 75 per centum of the costs of such research, survey, study and work and shall be made available on the condition that non-Federal share of such costs are provided from non-Federal sources.
(4) The Administrator may establish such requirements for the administration of grants as he determines to be appropriate.
(g) DefinitionsIn this section:
(1) Patrick Leahy Lake Champlain Basin Program
(2) Lake Champlain drainage basin
(3) Plan
(h) No effect on certain authorityNothing in this section—
(1) affects the jurisdiction or powers of—
(A) any department or agency of the Federal Government or any State government; or
(B) any international organization or entity related to Lake Champlain created by treaty or memorandum to which the United States is a signatory;
(2) provides new regulatory authority for the Environmental Protection Agency; or
(3) affects section 304 of the Great Lakes Critical Programs Act of 1990 (Public Law 101–596; 33 U.S.C. 1270 note).
(i) Authorization of appropriations
(June 30, 1948, ch. 758, title I, § 120, as added Pub. L. 101–596, title III, § 303, Nov. 16, 1990, 104 Stat. 3006; amended Pub. L. 107–303, title II, § 202, Nov. 27, 2002, 116 Stat. 2358;

CITE AS: 33 USC 1270

§ 1271. Sediment survey and monitoring
(a) Survey
(1) In general
(2) Report
(b) Monitoring
(1) In general
The Administrator, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and the Secretary, shall conduct a comprehensive and continuing program to assess aquatic sediment quality. The program conducted pursuant to this subsection shall, at a minimum—
(A) identify the location of pollutants in aquatic sediment;
(B) identify the extent of pollutants in sediment and those sediments which are contaminated pursuant to section 501(b)(4); 1
(C) establish methods and protocols for monitoring the physical, chemical, and biological effects of pollutants in aquatic sediment and of contaminated sediment;
(D) develop a system for the management, storage, and dissemination of data concerning aquatic sediment quality;
(E) provide an assessment of aquatic sediment quality trends over time;
(F) identify locations where pollutants in sediment may pose a threat to the quality of drinking water supplies, fisheries resources, and marine habitats; and
(G) establish a clearing house for information on technology, methods, and practices available for the remediation, decontamination, and control of sediment contamination.
(2) Report
(Pub. L. 102–580, title V, § 503, Oct. 31, 1992, 106 Stat. 4865.)

CITE AS: 33 USC 1271

§ 1271a. Research and development program
(a) In general
(b) Authorization of appropriations
(1) In general
(2) Availability
(Pub. L. 107–303, title I, § 106, Nov. 27, 2002, 116 Stat. 2358; Pub. L. 110–365, § 4, Oct. 8, 2008, 122 Stat. 4023.)

CITE AS: 33 USC 1271a

§ 1272. Environmental dredging
(a) Operation and maintenance of navigation projects
(b) Nonproject specific
(1) In general
(2) Maximum amount
(c) Joint plan requirement
(d) Disposal costs
(e) Limitation on statutory construction
(f) Priority work
In carrying out this section, the Secretary shall give priority to work in the following areas:
(1) Brooklyn Waterfront, New York.
(2) Buffalo Harbor and River, New York.
(3) Ashtabula River, Ohio.
(4) Mahoning River, Ohio.
(5) Lower Fox River, Wisconsin.
(6) Passaic River and Newark Bay, New Jersey.
(7) Snake Creek, Bixby, Oklahoma.
(8) Willamette River, Oregon.
(g) Nonprofit entities
(Pub. L. 101–640, title III, § 312, Nov. 28, 1990, 104 Stat. 4639; Pub. L. 104–303, title II, § 205, Oct. 12, 1996, 110 Stat. 3679; Pub. L. 106–53, title II, § 224, Aug. 17, 1999, 113 Stat. 297; Pub. L. 106–541, title II, § 210(a), Dec. 11, 2000, 114 Stat. 2592.)

CITE AS: 33 USC 1272

§ 1273. Lake Pontchartrain Basin
(a) Establishment of restoration program
(b) Purpose
(c) Duties
In carrying out the program, the Administrator shall—
(1) provide administrative and technical assistance to a management conference convened for the Basin under section 1330 of this title;
(2) assist and support the activities of the management conference, including the implementation of recommendations of the management conference;
(3) support environmental monitoring of the Basin and research to provide necessary technical and scientific information;
(4) develop a comprehensive research plan to address the technical needs of the program;
(5) coordinate the grant, research, and planning programs authorized under this section;
(6) collect and make available to the public publications, and other forms of information the management conference determines to be appropriate, relating to the environmental quality of the Basin; and
(7) ensure that the comprehensive conservation and management plan approved for the Basin under section 1330 of this title is reviewed and revised in accordance with section 1330 of this title not less often than once every 5 years, beginning on December 23, 2022.
(d) Grants
The Administrator may make grants to pay not more than 75 percent of the costs—
(1) for restoration projects and studies identified in the comprehensive conservation and management plan approved for the Basin under section 1330 of this title; and
(2) for public education projects recommended by the management conference.
(e) Definitions
In this section, the following definitions apply:
(1) Basin
(2) Program
(f) Authorization of appropriations
(1) In general
(2) Public education projects
(3) Administrative expenses
(June 30, 1948, ch. 758, title I, § 121, as added Pub. L. 106–457, title V, § 502, Nov. 7, 2000, 114 Stat. 1973; amended Pub. L. 109–392, § 1, Dec. 12, 2006, 120 Stat. 2703; Pub. L. 112–237, § 1, Dec. 28, 2012, 126 Stat. 1628; Pub. L. 117–263, div. H, title LXXXV, § 8501(c), Dec. 23, 2022, 136 Stat. 3856.)

CITE AS: 33 USC 1273

§ 1274. Watershed pilot projects
(a) In general
The Administrator, in coordination with the States, may provide technical assistance and grants to a municipality or municipal entity to carry out pilot projects relating to the following areas:
(1) Watershed management of wet weather discharges
(2) Stormwater best management practices
(3) Watershed partnerships
(4) Integrated water resource plan
(5) Municipality-wide stormwater management planning
(6) Increased resilience of treatment works
(b) Administration
(c) Report to Congress
(June 30, 1948, ch. 758, title I, § 122, formerly § 121, as added Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 112(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–225; renumbered § 122, Pub. L. 109–392, § 2, Dec. 12, 2006, 120 Stat. 2703; amended Pub. L. 113–121, title V, § 5011, June 10, 2014, 128 Stat. 1327.)

CITE AS: 33 USC 1274

§ 1275. Columbia River Basin Restoration
(a) DefinitionsIn this section, the following definitions apply:
(1) Columbia River Basin
(2) Estuary Partnership
(3) Estuary Plan
(A) In general
(B) Inclusion
(4) Lower Columbia River Estuary
(5) Middle and Upper Columbia River Basin
(6) Program
(b) Columbia River Basin Restoration Program
(1) Establishment
(A) In general
(B) Effect
(i) The establishment of the Program does not modify any legal or regulatory authority or program in effect as of December 16, 2016, including the roles of Federal agencies in the Columbia River Basin.
(ii) This section does not create any new regulatory authority.
(2) Scope of Program
(3) DutiesThe Administrator shall—
(A) assess trends in water quality, including trends that affect uses of the water of the Columbia River Basin;
(B) collect, characterize, and assess data on water quality to identify possible causes of environmental problems; and
(C) provide grants in accordance with subsection (d) for projects that assist in—
(i) eliminating or reducing pollution;
(ii) cleaning up contaminated sites;
(iii) improving water quality;
(iv) monitoring to evaluate trends;
(v) reducing runoff;
(vi) protecting habitat; or
(vii) promoting citizen engagement or knowledge.
(c) Stakeholder Working Group
(1) Establishment
(2) Membership
(A) In general
(B) Invited representativesThe Administrator shall invite, at a minimum, representatives of—
(i) each State located in whole or in part in the Columbia River Basin;
(ii) the Governors of each State located in whole or in part in the Columbia River Basin;
(iii) each federally recognized Indian tribe in the Columbia River Basin;
(iv) local governments in the Columbia River Basin;
(v) industries operating in the Columbia River Basin that affect or could affect water quality;
(vi) electric, water, and wastewater utilities operating in the Columba 1
1 So in original. Probably should be “Columbia”.
River Basin;
(vii) private landowners in the Columbia River Basin;
(viii) soil and water conservation districts in the Columbia River Basin;
(ix) nongovernmental organizations that have a presence in the Columbia River Basin;
(x) the general public in the Columbia River Basin; and
(xi) the Estuary Partnership.
(3) Geographic representationThe Working Group shall include representatives from—
(A) each State located in whole or in part in the Columbia River Basin; and
(B) each of the lower, middle, and upper basins of the Columbia River.
(4) Duties and responsibilitiesThe Working Group shall—
(A) recommend and prioritize projects and actions; and
(B) review the progress and effectiveness of projects and actions implemented.
(5) Lower Columbia River Estuary
(A) Estuary Partnership
(B) Designation
(C) Incorporation
(d) Grants
(1) In general
(2) Federal share
(A) In generalExcept as provided in subparagraph (B), the Federal share of the cost of any project or activity carried out using funds from a grant provided to any person (including a State, tribal, or local government or interstate or regional agency) under this subsection for a fiscal year—
(i) shall not exceed 75 percent of the total cost of the project or activity; and
(ii) shall be made on condition that the non-Federal share of such total cost shall be provided from non-Federal sources.
(B) ExceptionsWith respect to cost-sharing for a grant provided under this subsection—
(i) a tribal government may use Federal funds for the non-Federal share; and
(ii) the Administrator may increase the Federal share under such circumstances as the Administrator determines to be appropriate.
(3) AllocationIn making grants using funds appropriated to carry out this section, the Administrator shall—
(A) provide not less than 25 percent of the funds to make grants for projects, programs, and studies in the Lower Columbia River Estuary;
(B) provide not less than 25 percent of the funds to make grants for projects, programs, and studies in the Middle and Upper Columbia River Basin, including the Snake River Basin; and
(C) retain not more than 5 percent of the funds for the Environmental Protection Agency for purposes of implementing this section.
(4) Reporting
(A) In general
(B) Requirements
(5) Relationship to other funding
(A) In general
(B) Limitation
(6) Authorization of appropriations
(e) Annual budget planThe President, as part of the annual budget submission of the President to Congress under section 1105(a) of title 31, shall submit information regarding each Federal agency involved in protection and restoration of the Columbia River Basin, including an interagency crosscut budget that displays for each Federal agency—
(1) the amounts obligated for the preceding fiscal year for protection and restoration projects, programs, and studies relating to the Columbia River Basin;
(2) the estimated budget for the current fiscal year for protection and restoration projects, programs, and studies relating to the Columbia River Basin; and
(3) the proposed budget for protection and restoration projects, programs, and studies relating to the Columbia River Basin.
(June 30, 1948, ch. 758, title I, § 123, as added Pub. L. 114–322, title IV, § 5010, Dec. 16, 2016, 130 Stat. 1898; amended Pub. L. 115–270, title IV, § 4105, Oct. 23, 2018, 132 Stat. 3875.)

CITE AS: 33 USC 1275

§ 1276. Enhanced aquifer use and recharge
(a) In general
Subject to the availability of appropriations, the Administrator shall provide funding to carry out groundwater research on enhanced aquifer use and recharge in support of sole-source aquifers, of which—
(1) not less than 50 percent shall be used to provide 1 grant to a State, unit of local government, or Indian Tribe to carry out activities that would directly support that research; and
(2) the remainder shall be provided to 1 appropriate research center.
(b) Coordination
(c) Authorization of appropriations
(June 30, 1948, ch. 758, title I, § 124, as added Pub. L. 117–58, div. E, title II, § 50222, Nov. 15, 2021, 135 Stat. 1181.)

CITE AS: 33 USC 1276

§ 1276a. San Francisco Bay restoration grant program
(a) DefinitionsIn this section:
(1) Estuary Partnership
(2) San Francisco Bay PlanThe term “San Francisco Bay Plan” means—
(A) until the date of the completion of the plan developed by the Director under subsection (d), the comprehensive conservation and management plan approved under section 1330 of this title for the San Francisco Bay estuary; and
(B) on and after the date of the completion of the plan developed by the Director under subsection (d), the plan developed by the Director under subsection (d).
(b) Program Office
(1) Establishment
(2) Appointment of Director
(3) Delegation of authority; staffing
(c) Annual priority list
(1) In general
(2) InclusionsThe annual priority list compiled under paragraph (1) shall include the following:
(A) Projects, activities, and studies, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that advance the goals and objectives of the San Francisco Bay Plan, for—
(i) water quality improvement, including the reduction of marine litter;
(ii) wetland, riverine, and estuary restoration and protection;
(iii) nearshore and endangered species recovery; and
(iv) adaptation to climate change.
(B) Information on the projects, activities, and studies specified under subparagraph (A), including—
(i) the identity of each entity receiving assistance pursuant to subsection (e); and
(ii) a description of the communities to be served.
(C) The criteria and methods established by the Director for identification of projects, activities, and studies to be included on the annual priority list.
(3) ConsultationIn compiling the annual priority list under paragraph (1), the Director shall consult with, and consider the recommendations of—
(A) the Estuary Partnership;
(B) the State of California and affected local governments in the San Francisco Bay estuary watershed;
(C) the San Francisco Bay Restoration Authority; and
(D) any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Director determines to be appropriate.
(d) San Francisco Bay Plan
(1) In general
(2) Revision of San Francisco Bay Plan
(3) Outreach
(e) Grant program
(1) In general
(2) Maximum amount of grants; non-Federal share
(A) Maximum amount of grants
(B) Non-Federal share
(f) Funding
(1) Administrative expenses
(2) Prohibition
(June 30, 1948, ch. 758, title I, § 125, as added Pub. L. 117–263, div. H, title LXXXV, § 8501(a), Dec. 23, 2022, 136 Stat. 3845.)

CITE AS: 33 USC 1276a

§ 1276b. Puget Sound
(a) DefinitionsIn this section:
(1) Coastal Nonpoint Pollution Control Program
(2) Director
(3) Federal Action Plan
(4) International Joint Commission
(5) Pacific Salmon Commission
(6) Program Office
(7) Puget Sound Action Agenda; Action Agenda
(8) Puget Sound Federal Leadership Task Force
(9) Puget Sound Federal Task Force
(10) Puget Sound National Estuary Program Management Conference
(11) Puget Sound Partnership
(12) Puget Sound region
(A) In general
(B) Inclusion
(13) Puget Sound Tribal Management Conference
(14) Salish Sea
(15) Salmon Recovery Plans
(16) State Advisory Committee
(17) Treaty Rights at Risk Initiative
(b) Puget Sound Recovery National Program Office
(1) Establishment
(2) Director
(A) In generalThere shall be a Director of the Program Office, who shall have leadership and project management experience and shall be highly qualified to—
(i) direct the integration of multiple project planning efforts and programs from different agencies and jurisdictions; and
(ii) align numerous, and possibly competing, priorities to accomplish visible and measurable outcomes under the Action Agenda.
(B) Position
(3) Delegation of authority; staffing
(4) DutiesThe Director shall—
(A) coordinate and manage the timely execution of the requirements of this section, including the formation and meetings of the Puget Sound Federal Leadership Task Force;
(B) coordinate activities related to the restoration and protection of the Puget Sound across the Environmental Protection Agency;
(C) coordinate and align the activities of the Administrator with the Action Agenda, Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program;
(D) promote the efficient use of Environmental Protection Agency resources in pursuit of the restoration and protection of the Puget Sound;
(E) serve on the Puget Sound Federal Leadership Task Force and collaborate with, help coordinate, and implement activities with other Federal agencies that have responsibilities involving the restoration and protection of the Puget Sound;
(F) provide or procure such other advice, technical assistance, research, assessments, monitoring, or other support as is determined by the Director to be necessary or prudent to most efficiently and effectively fulfill the objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program, consistent with the best available science, to ensure the health of the Puget Sound ecosystem;
(G) track the progress of the Environmental Protection Agency toward meeting the agency’s specified objectives and priorities within the Action Agenda and the Federal Action Plan;
(H) implement the recommendations of the Comptroller General set forth in the report entitled “Puget Sound Restoration: Additional Actions Could Improve Assessments of Progress” and dated July 19, 2018;
(I) serve as liaison and coordinate activities for the restoration and protection of the Salish Sea with Canadian authorities, the Pacific Salmon Commission, and the International Joint Commission; and
(J) carry out such additional duties as the Director determines necessary and appropriate.
(c) Puget Sound Federal Leadership Task Force
(1) Establishment
(2) Membership
(A) CompositionThe Puget Sound Federal Leadership Task Force shall be composed of the following members:
(i) The following individuals appointed by the Secretary of Agriculture:(I) A representative of the National Forest Service.(II) A representative of the Natural Resources Conservation Service.
(ii) A representative of the National Oceanic and Atmospheric Administration appointed by the Secretary of Commerce.
(iii) The following individuals appointed by the Secretary of Defense:(I) A representative of the Corps of Engineers.(II) A representative of the Joint Base Lewis-McChord.(III) A representative of the Commander, Navy Region Northwest.
(iv) The Director of the Program Office.
(v) The following individuals appointed by the Secretary of Homeland Security:(I) A representative of the Coast Guard.(II) A representative of the Federal Emergency Management Agency.
(vi) The following individuals appointed by the Secretary of the Interior:(I) A representative of the Bureau of Indian Affairs.(II) A representative of the United States Fish and Wildlife Service.(III) A representative of the United States Geological Survey.(IV) A representative of the National Park Service.
(vii) The following individuals appointed by the Secretary of Transportation:(I) A representative of the Federal Highway Administration.(II) A representative of the Federal Transit Administration.
(viii) Representatives of such other Federal agencies, programs, and initiatives as the other members of the Puget Sound Federal Leadership Task Force determines necessary.
(B) Qualifications
(C) Co-chairs
(i) In generalThe following members of the Puget Sound Federal Leadership Task Force shall serve as Co-Chairs of the Puget Sound Federal Leadership Task Force:(I) The representative of the National Oceanic and Atmospheric Administration.(II) The Director of the Program Office.(III) The representative of the Corps of Engineers.
(ii) Leadership
(3) Duties
(A) General dutiesThe Puget Sound Federal Leadership Task Force shall—
(i) uphold Federal trust responsibilities to restore and protect resources crucial to Tribal treaty rights, including by carrying out government-to-government consultation with Indian tribes when requested by such tribes;
(ii) provide a venue for dialogue and coordination across all Federal agencies represented by a member of the Puget Sound Federal Leadership Task Force to align Federal resources for the purposes of carrying out the requirements of this section and all other Federal laws that contribute to the restoration and protection of the Puget Sound, including by—(I) enabling and encouraging such agencies to act consistently with the objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program;(II) facilitating the coordination of Federal activities that impact such restoration and protection;(III) facilitating the delivery of feedback given by such agencies to the Puget Sound Partnership during the development of the Action Agenda;(IV) facilitating the resolution of interagency conflicts associated with such restoration and protection among such agencies;(V) providing a forum for exchanging information among such agencies regarding activities being conducted, including obstacles or efficiencies found, during restoration and protection activities; and(VI) promoting the efficient use of government resources in pursuit of such restoration and protection through coordination and collaboration, including by ensuring that the Federal efforts relating to the science necessary for such restoration and protection are consistent, and not duplicative, across the Federal Government;
(iii) catalyze public leaders at all levels to work together toward shared goals by demonstrating interagency best practices coming from such agencies;
(iv) provide advice and support on scientific and technical issues and act as a forum for the exchange of scientific information about the Puget Sound;
(v) identify and inventory Federal environmental research and monitoring programs related to the Puget Sound, and provide such inventory to the Puget Sound National Estuary Program Management Conference;
(vi) ensure that Puget Sound restoration and protection activities are as consistent as practicable with ongoing restoration and protection and related efforts in the Salish Sea that are being conducted by Canadian authorities, the Pacific Salmon Commission, and the International Joint Commission;
(vii) ensure that Puget Sound restoration and protection activities are consistent with national security interests;
(viii) establish any working groups or committees necessary to assist the Puget Sound Federal Leadership Task Force in its duties, including relating to public policy and scientific issues; and
(ix) raise national awareness of the significance of the Puget Sound.
(B) Puget Sound Federal Action Plan
(i) In general
(ii) Revision of Puget Sound Federal Action Plan
(C) Feedback by Federal agenciesIn facilitating feedback under subparagraph (A)(ii)(III), the Puget Sound Federal Leadership Task Force shall request Federal agencies to consider, at a minimum, possible Federal actions within the Puget Sound region designed to—
(i) further the goals, targets, and actions of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program;
(ii) as applicable, implement and enforce this chapter, the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.], and all other Federal laws that contribute to the restoration and protection of the Puget Sound, including those that protect Tribal treaty rights;
(iii) prevent the introduction and spread of invasive species;
(iv) protect marine and wildlife habitats;
(v) protect, restore, and conserve forests, wetlands, riparian zones, and nearshore waters;
(vi) promote resilience to climate change and ocean acidification effects;
(vii) restore fisheries so that they are sustainable and productive;
(viii) preserve biodiversity;
(ix) restore and protect ecosystem services that provide clean water, filter toxic chemicals, and increase ecosystem resilience; and
(x) improve water quality, including by preventing and managing stormwater runoff, incorporating erosion control techniques and trash capture devices, using sustainable stormwater practices, and mitigating and minimizing nonpoint source pollution, including marine litter.
(4) Participation of State Advisory Committee and Puget Sound Tribal Management Conference
(5) Meetings
(A) Initial meetingThe Puget Sound Federal Leadership Task Force shall meet not later than 180 days after December 23, 2022—
(i) to determine if all Federal agencies are properly represented;
(ii) to establish the bylaws of the Puget Sound Federal Leadership Task Force;
(iii) to establish necessary working groups or committees; and
(iv) to determine subsequent meeting times, dates, and logistics.
(B) Subsequent meetings
(C) Working group meetings
(D) Joint meetingsThe Puget Sound Federal Leadership Task Force—
(i) shall offer to meet jointly with the Puget Sound National Estuary Program Management Conference and the Puget Sound Tribal Management Conference, at a minimum, once per year; and
(ii) may consider such a joint meeting to be a biannual meeting of the Puget Sound Federal Leadership Task Force for purposes of subparagraph (B).
(E) Quorum
(F) Voting
(6) Puget Sound Federal Leadership Task Force procedures and advice
(A) Advisors
(B) Compensation
(C) Travel expenses
(7) Puget Sound Federal Task Force
(A) In general
(B) Use of previous work
(d) State Advisory Committee
(1) Establishment
(2) Membership
(e) Puget Sound Federal Leadership Task Force biennial report on Puget Sound restoration and protection activities
(1) In general
(2) ContentsThe report submitted under paragraph (1) shall include a description of the following:
(A) The roles and progress of each State, local government entity, and Federal agency that has jurisdiction in the Puget Sound region relating to meeting the identified objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program.
(B) If available, the roles and progress of Tribal governments that have jurisdiction in the Puget Sound region relating to meeting the identified objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program.
(C) A summary of specific recommendations concerning implementation of the Action Agenda and the Federal Action Plan, including challenges, barriers, and anticipated milestones, targets, and timelines.
(D) A summary of progress made by Federal agencies toward the priorities identified in the Federal Action Plan.
(f) Tribal rights and consultation
(1) Preservation of tribal treaty rights
(2) Consultation
(g) Consistency
(1) In generalActions authorized or implemented under this section shall be consistent with—
(A) the Salmon Recovery Plans;
(B) the Coastal Nonpoint Pollution Control Program; and
(C) the water quality standards of the State of Washington approved by the Administrator under section 1313 of this title.
(2) Federal actionsAll Federal agencies represented on the Puget Sound Federal Leadership Task Force shall act consistently with the protection of Tribal, treaty-reserved rights and, to the greatest extent practicable given such agencies’ existing obligations under Federal law, act consistently with the objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program, when—
(A) conducting Federal agency activities within or outside the Puget Sound that affect any land or water use or natural resources of the Puget Sound region, including activities performed by a contractor for the benefit of a Federal agency;
(B) interpreting and enforcing regulations that impact the restoration and protection of the Puget Sound;
(C) issuing Federal licenses or permits that impact the restoration and protection of the Puget Sound; and
(D) granting Federal assistance to State, local, and Tribal governments for activities related to the restoration and protection of the Puget Sound.
(June 30, 1948, ch. 758, title I, § 126, as added Pub. L. 117–263, div. H, title LXXXV, § 8501(b), Dec. 23, 2022, 136 Stat. 3847.)

CITE AS: 33 USC 1276b