1625-0069 Stat/Authority

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

Sec.

§ 1251

Sec.

1282.
1283.
1284.
1285.
1286.
1287.
1288.
1289.
1290.
1291.
1292.
1293.
1293a.
1294.

1295.
1296.
1297.
1298.
1299.
1300.
1301.

Federal share.
Plans, specifications, estimates, and payments.
Limitations and conditions.
Allotment of grant funds.
Reimbursement and advanced construction.
Authorization of appropriations.
Areawide waste treatment management.
Basin planning.
Annual survey.
Sewage collection systems.
Definitions.
Loan guarantees.
Contained spoil disposal facilities.
Public information and education on recycling and reuse of wastewater, use of land
treatment, and reduction of wastewater volume.
Requirements for American materials.
Determination of priority of projects.
Guidelines for cost-effectiveness analysis.
Cost effectiveness.
State certification of projects.
Pilot program for alternative water source
projects.
Sewer overflow and stormwater reuse municipal grants.
SUBCHAPTER III—STANDARDS AND
ENFORCEMENT

1311.
1312.
1313.
1313a.
1314.
1314a.
1315.
1316.
1317.
1318.
1319.
1320.
1321.
1321a.
1321b.
1321c.
1322.
1323.
1324.
1325.
1326.
1327.
1328.
1329.
1330.

Effluent limitations.
Water quality related effluent limitations.
Water quality standards and implementation
plans.
Revised water quality standards.
Information and guidelines.
Wastewater technology clearinghouse.
State reports on water quality.
National standards of performance.
Toxic and pretreatment effluent standards.
Records and reports; inspections.
Enforcement.
International pollution abatement.
Oil and hazardous substance liability.
Prevention of small oil spills.
Improved coordination with tribal governments.
International efforts on enforcement.
Marine sanitation devices; discharges incidental to the normal operation of vessels.
Federal facilities pollution control.
Clean lakes.
National Study Commission.
Thermal discharges.
Omitted.
Aquaculture.
Nonpoint source management programs.
National estuary program.

SUBCHAPTER IV—PERMITS AND LICENSES
1341.
1342.
1343.
1344.
1345.
1346.

Certification.
National pollutant discharge elimination system.
Ocean discharge criteria.
Permits for dredged or fill material.
Disposal or use of sewage sludge.
Coastal recreation water quality monitoring
and notification.
SUBCHAPTER V—GENERAL PROVISIONS

1361.
1362.
1363.
1364.
1365.
1366.
1367.
1368.
1369.

Administration.
Definitions.
Water Pollution Control Advisory Board.
Emergency powers.
Citizen suits.
Appearance.
Employee protection.
Federal procurement.
Administrative procedure and judicial review.

1370.
1371.
1372.
1373.
1374.

State authority.
Authority under other laws and regulations.
Labor standards.
Public health agency coordination.
Effluent Standards and Water Quality Information Advisory Committee.
1375.
Reports to Congress; detailed estimates and
comprehensive study on costs; State estimates.
1375a.
Report on coastal recreation waters.
1376.
Authorization of appropriations.
1377.
Indian tribes.
1377a.
Green infrastructure promotion.
SUBCHAPTER VI—STATE WATER POLLUTION
CONTROL REVOLVING FUNDS
1381.
1382.
1383.
1384.
1385.
1386.
1387.
1388.

Grants to States for establishment of revolving funds.
Capitalization grant agreements.
Water pollution control revolving loan funds.
Allotment of funds.
Corrective action.
Audits, reports, and fiscal controls; intended
use plan.
Authorization of appropriations.
Requirements.
CODIFICATION

The Federal Water Pollution Control Act, comprising
this chapter, was originally enacted by act June 30,
1948, ch. 758, 62 Stat. 1155, and amended by acts July 17,
1952, ch. 927, 66 Stat. 755; July 9, 1956, ch. 518, §§ 1, 2, 70
Stat. 498–507; June 25, 1959, Pub. L. 86–70, 73 Stat. 141;
July 12, 1960, Pub. L. 86–624, 74 Stat. 411; July 20, 1961,
Pub. L. 87–88, 75 Stat. 204; Oct. 2, 1965, Pub. L. 89–234, 79
Stat. 903; Nov. 3, 1966, Pub. L. 89–753, 80 Stat. 1246; Apr.
3, 1970, Pub. L. 91–224, 84 Stat. 91; Dec. 31, 1970, Pub. L.
91–611, 84 Stat. 1818; July 9, 1971, Pub. L. 92–50, 85 Stat.
124; Oct. 13, 1971, Pub. L. 92–137, 85 Stat. 379; Mar. 1,
1972, Pub. L. 92–240, 86 Stat. 47, and was formerly classified first to section 466 et seq. of this title and later to
section 1151 et seq. of this title. The act is shown herein, however, as having been added by Pub. L. 92–500
without reference to such intervening amendments because of the extensive amendment, reorganization, and
expansion of the act’s provisions by Pub. L. 92–500.

SUBCHAPTER I—RESEARCH AND RELATED
PROGRAMS
§ 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;

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

(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
It is the policy of the Congress to recognize,
preserve, and protect the primary responsibilities and rights of States to prevent, reduce, and
eliminate pollution, to plan the development
and use (including restoration, preservation, and
enhancement) of land and water resources, and
to consult with the Administrator in the exercise of his authority under this chapter. It is the
policy of Congress that the States manage the
construction grant program under this chapter
and implement the permit programs under sections 1342 and 1344 of this title. It is further the
policy of the Congress to support and aid research relating to the prevention, reduction, and
elimination of pollution and to provide Federal
technical services and financial aid to State and
interstate agencies and municipalities in connection with the prevention, reduction, and
elimination of pollution.
(c) Congressional policy toward Presidential activities with foreign countries
It is further the policy of Congress that the
President, acting through the Secretary of State
and such national and international organizations as he determines appropriate, shall take
such action as may be necessary to insure that
to the fullest extent possible all foreign countries shall take meaningful action for the prevention, reduction, and elimination of pollution
in their waters and in international waters and
for the achievement of goals regarding the
elimination of discharge of pollutants and the
improvement of water quality to at least the
same extent as the United States does under its
laws.
(d) Administrator of Environmental Protection
Agency to administer chapter
Except as otherwise expressly provided in this
chapter, the Administrator of the Environmental Protection Agency (hereinafter in this
chapter called ‘‘Administrator’’) shall administer this chapter.
(e) Public participation in development, revision,
and enforcement of any regulation, etc.
Public participation in the development, revision, and enforcement of any regulation, standard, effluent limitation, plan, or program established by the Administrator or any State under

Page 328

this chapter shall be provided for, encouraged,
and assisted by the Administrator and the
States. The Administrator, in cooperation with
the States, shall develop and publish regulations
specifying minimum guidelines for public participation in such processes.
(f) Procedures utilized for implementing chapter
It is the national policy that to the maximum
extent possible the procedures utilized for implementing this chapter shall encourage the
drastic minimization of paperwork and interagency decision procedures, and the best use of
available manpower and funds, so as to prevent
needless duplication and unnecessary delays at
all levels of government.
(g) Authority of States over water
It is the policy of Congress that the authority
of each State to allocate quantities of water
within its jurisdiction shall not be superseded,
abrogated or otherwise impaired by this chapter. It is the further policy of Congress that
nothing in this chapter shall be construed to supersede or abrogate rights to quantities of water
which have been established by any State. Federal agencies shall co-operate with State and
local agencies to develop comprehensive solutions to prevent, reduce and eliminate pollution
in concert with programs for managing water
resources.
(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.)
AMENDMENTS
1987—Subsec. (a)(7). Pub. L. 100–4 added par. (7).
1977—Subsec. (b). Pub. L. 95–217, § 26(b), inserted provisions expressing Congressional policy that the States
manage the construction grant program under this
chapter and implement the permit program under sections 1342 and 1344 of this title.
Subsec. (g). Pub. L. 95–217, § 5(a), added subsec. (g).
SHORT TITLE OF 2019 AMENDMENT
Pub. L. 115–436, § 1, Jan. 14, 2019, 132 Stat. 5558, provided that: ‘‘This Act [enacting section 1377a of this
title and section 4370j of Title 42, The Public Health
and Welfare, amending sections 1319, 1342, and 1362 of
this title, enacting provisions set out as a note under
section 4370j of Title 42, and renumbering provisions set
out as a note under this section] may be cited as the
‘Water Infrastructure Improvement Act’.’’
SHORT TITLE OF 2018 AMENDMENT
Pub. L. 115–282, title IX, § 901, Dec. 4, 2018, 132 Stat.
4322, provided that: ‘‘This title [enacting sections 4729
and 4730 of Title 16, Conservation, amending sections
1319, 1322, 1365, and 1369 of this title, sections 4712 and
4725 of Title 16, section 42 of Title 18, Crimes and Criminal Procedure, and section 11301 of Title 46, Shipping,
repealing section 4711 of Title 16, enacting provisions
set out as a note under section 1322 of this title and section 4711 of Title 16, and repealing provisions set out as
a note under section 1342 of this title] may be cited as
the ‘Vessel Incidental Discharge Act of 2018’.’’
SHORT TITLE OF 2017 AMENDMENT
Pub. L. 115–91, div. C, title XXXV, § 3508(a), Dec. 12,
2017, 131 Stat. 1915, provided that: ‘‘This section
[amending sections 1321, 2701, and 2715 of this title] may
be cited as the ‘Foreign Spill Protection Act of 2017’.’’

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS
SHORT TITLE OF 2008 AMENDMENT

Pub. L. 110–365, § 1, Oct. 8, 2008, 122 Stat. 4021, provided
that: ‘‘This Act [amending sections 1268 and 1271a of
this title] may be cited as the ‘Great Lakes Legacy Reauthorization Act of 2008’.’’
Pub. L. 110–288, § 1, July 29, 2008, 122 Stat. 2650, provided that: ‘‘This Act [amending sections 1322, 1342, and
1362 of this title] may be cited as the ‘Clean Boating
Act of 2008’.’’
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107–303, § 1(a), Nov. 27, 2002, 116 Stat. 2355, provided that: ‘‘This Act [enacting section 1271a of this
title, amending sections 1254, 1266, 1268, 1270, 1285, 1290,
1324, 1329, 1330, and 1375 of this title, enacting provisions set out as notes under this section, section 1254 of
this title, and section 1113 of Title 31, Money and Finance, and repealing provisions set out as a note under
section 50 of Title 20, Education] may be cited as the
‘Great Lakes and Lake Champlain Act of 2002’.’’
Pub. L. 107–303, title I, § 101, Nov. 27, 2002, 116 Stat.
2355, provided that: ‘‘This title [enacting section 1271a
of this title and amending section 1268 of this title]
may be cited as the ‘Great Lakes Legacy Act of 2002’.’’
Pub. L. 107–303, title II, § 201, Nov. 27, 2002, 116 Stat.
2358, provided that: ‘‘This title [amending section 1270
of this title] may be cited as the ‘Daniel Patrick Moynihan Lake Champlain Basin Program Act of 2002’.’’
SHORT TITLE OF 2000 AMENDMENTS
Pub. L. 106–457, title II, § 201, Nov. 7, 2000, 114 Stat.
1967, provided that: ‘‘This title [amending section 1267
of this title and enacting provisions set out as a note
under section 1267 of this title] may be cited as the
‘Chesapeake Bay Restoration Act of 2000’.’’
Pub. L. 106–457, title IV, § 401, Nov. 7, 2000, 114 Stat.
1973, provided that: ‘‘This title [amending section 1269
of this title] may be cited as the ‘Long Island Sound
Restoration Act’.’’
Pub. L. 106–457, title V, § 501, Nov. 7, 2000, 114 Stat.
1973, provided that: ‘‘This title [enacting section 1273 of
this title] may be cited as the ‘Lake Pontchartrain
Basin Restoration Act of 2000’.’’
Pub. L. 106–457, title VI, § 601, Nov. 7, 2000, 114 Stat.
1975, provided that: ‘‘This title [enacting section 1300 of
this title] may be cited as the ‘Alternative Water
Sources Act of 2000’.’’
Pub. L. 106–284, § 1, Oct. 10, 2000, 114 Stat. 870, provided
that: ‘‘This Act [enacting sections 1346 and 1375a of this
title and amending sections 1254, 1313, 1314, 1362, and
1377 of this title] may be cited as the ‘Beaches Environmental Assessment and Coastal Health Act of 2000’.’’
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103–431, § 1, Oct. 31, 1994, 108 Stat. 4396, provided that: ‘‘This Act [amending section 1311 of this
title] may be cited as the ‘Ocean Pollution Reduction
Act’.’’
SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101–596, § 1, Nov. 16, 1990, 104 Stat. 3000, provided that: ‘‘This Act [enacting sections 1269 and 1270 of
this title, amending sections 1268, 1324, and 1416 of this
title, and enacting provisions set out as notes under
this section and section 1270 of this title] may be cited
as the ‘Great Lakes Critical Programs Act of 1990’.’’
Pub. L. 101–596, title II, § 201, Nov. 16, 1990, 104 Stat.
3004, provided that: ‘‘This part [probably means title,
enacting section 1269 of this title and amending section
1416 of this title] may be cited as the ‘Long Island
Sound Improvement Act of 1990’.’’
Pub. L. 101–596, title III, § 301, Nov. 16, 1990, 104 Stat.
3006, provided that: ‘‘This title [enacting section 1270 of
this title, amending section 1324 of this title, and enacting provisions set out as a note under section 1270 of
this title] may be cited as the ‘Lake Champlain Special
Designation Act of 1990’.’’
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100–653, title X, § 1001, Nov. 14, 1988, 102 Stat.
3835, provided that: ‘‘This title [amending section 1330

§ 1251

of this title and enacting provisions set out as notes
under section 1330 of this title] may be cited as the
‘Massachusetts Bay Protection Act of 1988’.’’
SHORT TITLE OF 1987 AMENDMENT
Pub. L. 100–4, § 1(a), Feb. 4, 1987, 101 Stat. 7, provided
that: ‘‘This Act [enacting sections 1254a, 1267, 1268,
1281b, 1329, 1330, 1377, 1381 to 1387, and 1414a of this title,
amending this section and sections 1254, 1256, 1262, 1281,
1282 to 1285, 1287, 1288, 1291, 1311 to 1313, 1314, 1317 to
1322, 1324, 1342, 1344, 1345, 1361, 1362, 1365, 1369, 1375, and
1376 of this title, and enacting provisions set out as
notes under this section, sections 1284, 1311, 1317, 1319,
1330, 1342, 1345, 1362, 1375, and 1414a of this title, and section 1962d–20 of Title 42, The Public Health and Welfare]
may be cited as the ‘Water Quality Act of 1987’.’’
SHORT TITLE OF 1981 AMENDMENT
Pub. L. 97–117, § 1, Dec. 29, 1981, 95 Stat. 1623, provided
that: ‘‘This Act [enacting sections 1298, 1299, and 1313a
of this title, amending sections 1281 to 1285, 1287, 1291,
1292, 1296, 1311, and 1314 of this title, and enacting provisions set out as notes under sections 1311 and 1375 of
this title] may be cited as the ‘Municipal Wastewater
Treatment Construction Grant Amendments of 1981’.’’
SHORT TITLE OF 1977 AMENDMENT
Pub. L. 95–217, § 1, Dec. 27, 1977, 91 Stat. 1566, provided:
‘‘That this Act [enacting sections 1281a, 1294 to 1296,
and 1297 of this title, amending this section and sections 1252, 1254 to 1256, 1259, 1262, 1263, 1281, 1282 to 1288,
1291, 1292, 1311, 1314, 1315, 1317 to 1319, 1321 to 1324, 1328,
1341, 1342, 1344, 1345, 1362, 1364, 1375, and 1376 of this
title, enacting provisions set out as notes under this
section and sections 1284, 1286, 1314, 1321, 1342, 1344, and
1376 of this title, and amending provisions set out as a
note under this section] may be cited as the ‘Clean
Water Act of 1977’.’’
SHORT TITLE
Pub. L. 92–500, § 1, Oct. 18, 1972, 86 Stat. 816, provided
that: ‘‘That this Act [enacting this chapter, amending
section 24 of Title 12, Banks and Banking, sections 633
and 636 of Title 15, Commerce and Trade, and section
711 of former Title 31, Money and Finance, and enacting
provisions set out as notes under this section and sections 1281 and 1361 of this title] may be cited as the
‘Federal Water Pollution Control Act Amendments of
1972’.’’
Act June 30, 1948, ch. 758, title V, § 520, formerly § 518,
as added by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 896,
amended Pub. L. 95–217, § 2, Dec. 27, 1977, 91 Stat. 1566,
renumbered § 519, Pub. L. 100–4, title V, § 506, Feb. 4,
1987, 101 Stat. 76, renumbered § 520, Pub. L. 115–436,
§ 5(b)(1), Jan. 14, 2019, 132 Stat. 5561, provided that:
‘‘This Act [this chapter] may be cited as the ‘Federal
Water Pollution Control Act’ (commonly referred to as
the Clean Water Act).’’
SAVINGS PROVISION
Pub. L. 92–500, § 4, Oct. 18, 1972, 86 Stat. 896, provided
that:
‘‘(a) No suit, action, or other proceeding lawfully
commenced by or against the Administrator or any
other officer or employee of the United States in his official capacity or in relation to the discharge of his official duties under the Federal Water Pollution Control
Act as in effect immediately prior to the date of enactment of this Act [Oct. 18, 1972] shall abate by reason of
the taking effect of the amendment made by section 2
of this Act [which enacted this chapter]. The court
may, on its own motion or that of any party made at
any time within twelve months after such taking effect, allow the same to be maintained by or against the
Administrator or such officer or employee.
‘‘(b) All rules, regulations, orders, determinations,
contracts, certifications, authorizations, delegations,
or other actions duly issued, made, or taken by or pursuant to the Federal Water Pollution Control Act as in

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

effect immediately prior to the date of enactment of
this Act [Oct. 18, 1972], and pertaining to any functions,
powers, requirements, and duties under the Federal
Water Pollution Control Act as in effect immediately
prior to the date of enactment of this Act [Oct. 18, 1972]
shall continue in full force and effect after the date of
enactment of this Act [Oct. 18, 1972] until modified or
rescinded in accordance with the Federal Water Pollution Control Act as amended by this Act [this chapter].
‘‘(c) The Federal Water Pollution Control Act as in
effect immediately prior to the date of enactment of
this Act [Oct. 18, 1972] shall remain applicable to all
grants made from funds authorized for the fiscal year
ending June 30, 1972, and prior fiscal years, including
any increases in the monetary amount of any such
grant which may be paid from authorizations for fiscal
years beginning after June 30, 1972, except as specifically otherwise provided in section 202 of the Federal
Water Pollution Control Act as amended by this Act
[section 1282 of this title] and in subsection (c) of section 3 of this Act.’’
SEPARABILITY
Act June 30, 1948, ch. 758, title V, § 512, as added by
Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 894, provided
that: ‘‘If any provision of this Act [this chapter], or the
application of any provision of this Act [this chapter]
to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this Act [this chapter],
shall not be affected thereby.’’
NATIONAL SHELLFISH INDICATOR PROGRAM
Pub. L. 102–567, title III, § 308, Oct. 29, 1992, 106 Stat.
4286; as amended by Pub. L. 105–362, title II, § 201(b),
Nov. 10, 1998, 112 Stat. 3282, provided that:
‘‘(a) ESTABLISHMENT OF A RESEARCH PROGRAM.—The
Secretary of Commerce, in cooperation with the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency, shall
establish and administer a 5-year national shellfish research program (hereafter in this section referred to as
the ‘Program’) for the purpose of improving existing
classification systems for shellfish growing waters
using the latest technological advancements in microbiology and epidemiological methods. Within 12 months
after the date of enactment of this Act [Oct. 29, 1992],
the Secretary of Commerce, in cooperation with the advisory committee established under subsection (b) and
the Consortium, shall develop a comprehensive 5-year
plan for the Program which shall at a minimum provide for—
‘‘(1) an environmental assessment of commercial
shellfish growing areas in the United States, including an evaluation of the relationships between indicators of fecal contamination and human enteric pathogens;
‘‘(2) the evaluation of such relationships with respect to potential health hazards associated with
human consumption of shellfish;
‘‘(3) a comparison of the current microbiological
methods used for evaluating indicator bacteria and
human enteric pathogens in shellfish and shellfish
growing waters with new technological methods designed for this purpose;
‘‘(4) the evaluation of current and projected systems for human sewage treatment in eliminating viruses and other human enteric pathogens which accumulate in shellfish;
‘‘(5) the design of epidemiological studies to relate
microbiological data, sanitary survey data, and
human shellfish consumption data to actual hazards
to health associated with such consumption; and
‘‘(6) recommendations for revising Federal shellfish
standards and improving the capabilities of Federal
and State agencies to effectively manage shellfish
and ensure the safety of shellfish intended for human
consumption.
‘‘(b) ADVISORY COMMITTEE.—(1) For the purpose of
providing oversight of the Program on a continuing

Page 330

basis, an advisory committee (hereafter in this section
referred to as the ‘Committee’) shall be established
under a memorandum of understanding between the
Interstate Shellfish Sanitation Conference and the National Marine Fisheries Service.
‘‘(2) The Committee shall—
‘‘(A) identify priorities for achieving the purpose of
the Program;
‘‘(B) review and recommend approval or disapproval
of Program work plans and plans of operation;
‘‘(C) review and comment on all subcontracts and
grants to be awarded under the Program;
‘‘(D) receive and review progress reports from the
Consortium and program subcontractors and grantees; and
‘‘(E) provide such other advice on the Program as is
appropriate.
‘‘(3) The Committee shall consist of at least ten members and shall include—
‘‘(A) three members representing agencies having
authority under State law to regulate the shellfish
industry, of whom one shall represent each of the Atlantic, Pacific, and Gulf of Mexico shellfish growing
regions;
‘‘(B) three members representing persons engaged
in the shellfish industry in the Atlantic, Pacific, and
Gulf of Mexico shellfish growing regions (who shall be
appointed from among at least six recommendations
by the industry members of the Interstate Shellfish
Sanitation Conference Executive Board), of whom
one shall represent the shellfish industry in each region;
‘‘(C) three members, of whom one shall represent
each of the following Federal agencies: the National
Oceanic and Atmospheric Administration, the Environmental Protection Agency, and the Food and Drug
Administration; and
‘‘(D) one member representing the Shellfish Institute of North America.
‘‘(4) The Chairman of the Committee shall be selected
from among the Committee members described in paragraph (3)(A).
‘‘(5) The Committee shall establish and maintain a
subcommittee of scientific experts to provide advice,
assistance, and information relevant to research funded
under the Program, except that no individual who is
awarded, or whose application is being considered for,
a grant or subcontract under the Program may serve on
such subcommittee. The membership of the subcommittee shall, to the extent practicable, be regionally balanced with experts who have scientific knowledge concerning each of the Atlantic, Pacific, and Gulf
of Mexico shellfish growing regions. Scientists from the
National Academy of Sciences and appropriate Federal
agencies (including the National Oceanic and Atmospheric Administration, Food and Drug Administration,
Centers for Disease Control, National Institutes of
Health, Environmental Protection Agency, and National Science Foundation) shall be considered for
membership on the subcommittee.
‘‘(6) Members of the Committee and its scientific subcommittee established under this subsection shall not
be paid for serving on the Committee or subcommittee,
but shall receive travel expenses as authorized by section 5703 of title 5, United States Code.
‘‘(c) CONTRACT WITH CONSORTIUM.—Within 30 days
after the date of enactment of this Act [Oct. 29, 1992],
the Secretary of Commerce shall seek to enter into a
cooperative agreement or contract with the Consortium under which the Consortium will—
‘‘(1) be the academic administrative organization
and fiscal agent for the Program;
‘‘(2) award and administer such grants and subcontracts as are approved by the Committee under
subsection (b);
‘‘(3) develop and implement a scientific peer review
process for evaluating grant and subcontractor applications prior to review by the Committee;
‘‘(4) in cooperation with the Secretary of Commerce
and the Committee, procure the services of a scientific project director;

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

‘‘(5) develop and submit budgets, progress reports,
work plans, and plans of operation for the Program to
the Secretary of Commerce and the Committee; and
‘‘(6) make available to the Committee such staff,
information, and assistance as the Committee may
reasonably require to carry out its activities.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—(1) Of the
sums authorized under section 4(a) of the National Oceanic and Atmospheric Administration Marine Fisheries
Program Authorization Act (Public Law 98–210; 97 Stat.
1409), there are authorized to be appropriated to the
Secretary of Commerce $5,200,000 for each of the fiscal
years 1993 through 1997 for carrying out the Program.
Of the amounts appropriated pursuant to this authorization, not more than 5 percent of such appropriation
may be used for administrative purposes by the National Oceanic and Atmospheric Administration. The
remaining 95 percent of such appropriation shall be
used to meet the administrative and scientific objectives of the Program.
‘‘(2) The Interstate Shellfish Sanitation Conference
shall not administer appropriations authorized under
this section, but may be reimbursed from such appropriations for its expenses in arranging for travel, meetings, workshops, or conferences necessary to carry out
the Program.
‘‘(e) DEFINITIONS.—As used in this section, the term—
‘‘(1) ‘Consortium’ means the Louisiana Universities
Marine Consortium; and
‘‘(2) ‘shellfish’ means any species of oyster, clam, or
mussel that is harvested for human consumption.’’
LIMITATION ON PAYMENTS
Pub. L. 100–4, § 2, Feb. 4, 1987, 101 Stat. 8, provided
that: ‘‘No payments may be made under this Act [see
Short Title of 1987 Amendment note above] except to
the extent provided in advance in appropriation Acts.’’
SEAFOOD PROCESSING STUDY; SUBMITTAL OF RESULTS
TO CONGRESS NOT LATER THAN JANUARY 1, 1979
Pub. L. 95–217, § 74, Dec. 27, 1977, 91 Stat. 1609, provided
that the Administrator of the Environmental Protection Agency conduct a study to examine the geographical, hydrological, and biological characteristics of marine waters to determine the effects of seafood processes which dispose of untreated natural wastes into
such waters and to include in this study an examination of technologies which may be used in such processes to facilitate the use of the nutrients in these
wastes or to reduce the discharge of such wastes into
the marine environment and to submit the result of
this study to Congress not later than Jan. 1, 1979.
STANDARDS
For provisions relating to the responsibility of the
head of each Executive agency for compliance with applicable pollution control standards, see Ex. Ord. No.
12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under
section 4321 of Title 42, The Public Health and Welfare.
OVERSIGHT STUDY
Pub. L. 92–500, § 5, Oct. 18, 1972, 86 Stat. 897, authorized
the Comptroller General of the United States to conduct a study and review of the research, pilot, and demonstration programs related to prevention and control
of water pollution conducted, supported, or assisted by
any Federal agency pursuant to any Federal law or regulation and assess conflicts between these programs
and their coordination and efficacy, and to report to
Congress thereon by Oct. 1, 1973.

§ 1251

undertaken by, United States manufacturers in the
near future and the probable short- and long-range effects of the costs of such programs (computed to the
greatest extent practicable on an industry-by-industry basis) on (A) the production costs of such domestic manufacturers, and (B) the market prices of the
goods produced by them;
‘‘(2) the probable extent to which pollution abatement and control programs will be implemented in
foreign industrial nations in the near future and the
extent to which the production costs (computed to
the greatest extent practicable on an industry-by-industry basis) of foreign manufacturers will be affected by the costs of such programs;
‘‘(3) the probable competitive advantage which any
article manufactured in a foreign nation will likely
have in relation to a comparable article made in the
United States if that foreign nation—
‘‘(A) does not require its manufacturers to implement pollution abatement and control programs.
‘‘(B) requires a lesser degree of pollution abatement and control in its programs, or
‘‘(C) in any way reimburses or otherwise subsidizes its manufacturers for the costs of such program;
‘‘(4) alternative means by which any competitive
advantage accruing to the products of any foreign nation as a result of any factor described in paragraph
(3) may be (A) accurately and quickly determined,
and (B) equalized, for example, by the imposition of
a surcharge or duty, on a foreign product in an
amount necessary to compensate for such advantage;
and
‘‘(5) the impact, if any, which the imposition of a
compensating tariff of other equalizing measure may
have in encouraging foreign nations to implement
pollution and abatement control programs.
‘‘(b) The Secretary shall make an initial report to the
President and Congress within six months after the
date of enactment of this section [Oct. 18, 1972] of the
results of the study and investigation carried out pursuant to this section and shall make additional reports
thereafter at such times as he deems appropriate taking into account the development of relevant data, but
not less than once every twelve months.’’
INTERNATIONAL AGREEMENTS
Pub. L. 92–500, § 7, Oct. 18, 1972, 86 Stat. 898, provided
that: ‘‘The President shall undertake to enter into
international agreement to apply uniform standards of
performance for the control of the discharge and emission of pollutants from new sources, uniform controls
over the discharge and emission of toxic pollutants,
and uniform controls over the discharge of pollutants
into the ocean. For this purpose the President shall negotiate multilateral treaties, conventions, resolutions,
or other agreements, and formulate, present, or support
proposals at the United Nations and other appropriate
international forums.’’
NATIONAL POLICIES AND GOAL STUDY
Pub. L. 92–500, § 10, Oct. 18, 1972, 86 Stat. 899, directed
President to make a full and complete investigation
and study of all national policies and goals established
by law to determine what the relationship should be between these policies and goals, taking into account the
resources of the Nation, and to report results of his investigation and study together with his recommendations to Congress not later than two years after Oct. 18,
1972.

INTERNATIONAL TRADE STUDY
Pub. L. 92–500, § 6, Oct. 18, 1972, 86 Stat. 897, provided
that:
‘‘(a) The Secretary of Commerce, in cooperation with
other interested Federal agencies and with representatives of industry and the public, shall undertake immediately an investigation and study to determine—
‘‘(1) the extent to which pollution abatement and
control programs will be imposed on, or voluntarily

EFFICIENCY STUDY
Pub. L. 92–500, § 11, Oct. 18, 1972, 86 Stat. 899, directed
President, by utilization of the General Accounting Office, to conduct a full and complete investigation and
study of ways and means of most effectively using all
of the various resources, facilities, and personnel of the
Federal Government in order to most efficiently carry
out the provisions of this chapter and to report results

§ 1252

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

of his investigation and study together with his recommendations to Congress not later than two hundred and
seventy days after Oct. 18, 1972.
SEX DISCRIMINATION
Pub. L. 92–500, § 13, Oct. 18, 1972, 86 Stat. 903, provided
that: ‘‘No person in the United States shall on the
ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving Federal assistance under this Act [see Short Title note above] the
Federal Water Pollution Control Act [this chapter], or
the Environmental Financing Act [set out as a note
under section 1281 of this title]. This section shall be
enforced through agency provisions and rules similar to
those already established, with respect to racial and
other discrimination, under title VI of the Civil Rights
Act of 1964 [section 2000d et seq. of Title 42, The Public
Health and Welfare]. However, this remedy is not exclusive and will not prejudice or cut off any other legal
remedies available to a discriminatee.’’
CONTIGUOUS ZONE OF UNITED STATES
For extension of contiguous zone of United States,
see Proc. No. 7219, set out as a note under section 1331
of Title 43, Public Lands.
PREVENTION, CONTROL, AND ABATEMENT OF
ENVIRONMENTAL POLLUTION AT FEDERAL FACILITIES
Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out
as a note under section 4321 of Title 42, The Public
Health and Welfare, provides for the prevention, control, and abatement of environmental pollution at federal facilities.
EXECUTIVE ORDER NO. 11548
Ex. Ord. No. 11548, July 20, 1970, 35 F.R. 11677, which
related to the delegation of Presidential functions, was
superseded by Ex. Ord. No. 11735, Aug. 3, 1973, 38 F.R.
21243, formerly set out as a note under section 1321 of
this title.
EX. ORD. NO. 11742. DELEGATION OF FUNCTIONS TO SECRETARY OF STATE RESPECTING THE NEGOTIATION OF
INTERNATIONAL AGREEMENTS RELATING TO THE ENHANCEMENT OF THE ENVIRONMENT
Ex. Ord. No. 11742, Oct. 23, 1973, 38 F.R. 29457, provided:
Under and by virtue of the authority vested in me by
section 301 of title 3 of the United States Code and as
President of the United States, I hereby authorize and
empower the Secretary of State, in coordination with
the Council on Environmental Quality, the Environmental Protection Agency, and other appropriate Federal agencies, to perform, without the approval, ratification, or other action of the President, the functions
vested in the President by Section 7 of the Federal
Water Pollution Control Act Amendments of 1972 (Public Law 92–500; 86 Stat. 898) with respect to international agreements relating to the enhancement of
the environment.
RICHARD NIXON.
DEFINITION OF ‘‘ADMINISTRATOR’’
Pub. L. 100–4, § 1(d), Feb. 4, 1987, 101 Stat. 8, provided
that: ‘‘For purposes of this Act [see Short Title of 1987
Amendment note above], the term ‘Administrator’
means the Administrator of the Environmental Protection Agency.’’

§ 1252. Comprehensive programs for water pollution control
(a) Preparation and development
The Administrator shall, after careful investigation, and in cooperation with other Federal
agencies, State water pollution control agen-

Page 332

cies, interstate agencies, and the municipalities
and industries involved, prepare or develop comprehensive programs for preventing, reducing, or
eliminating the pollution of the navigable waters and ground waters and improving the sanitary condition of surface and underground waters. In the development of such comprehensive
programs due regard shall be given to the improvements which are necessary to conserve
such waters for the protection and propagation
of fish and aquatic life and wildlife, recreational
purposes, and the withdrawal of such waters for
public water supply, agricultural, industrial,
and other purposes. For the purpose of this section, the Administrator is authorized to make
joint investigations with any such agencies of
the condition of any waters in any State or
States, and of the discharges of any sewage, industrial wastes, or substance which may adversely affect such waters.
(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.