Notes on 33 U.S.C. § 1251 : US Code - Notes

Search Notes on 33 U.S.C. § 1251 : US Code - Notes

(June 30, 1948, ch. 758, title I, Sec. 101, as added Pub. L. 92-
500, Sec. 2, Oct. 18, 1972, 86 Stat. 816; amended Pub. L. 95-217,
Secs. 5(a), 26(b), Dec. 27, 1977, 91 Stat. 1567, 1575; Pub. L. 100-
4, title III, Sec. 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, Sec. 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, Sec. 5(a), added subsec. (g).
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107-303, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1001, Nov. 14, 1988, 102 Stat.
3835, provided that: "This title [amending section 1330 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
Section 1(a) of Pub. L. 100-4 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, Sec. 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
Section 1 of Pub. L. 95-217 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
Section 1 of Pub. L. 92-500 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'."
Section 519, formerly section 518, of Act June 30, 1948, ch. 758,
title V, as added Oct. 18, 1972, Pub. L. 92-500, Sec. 2, 86 Stat.
896, and amended Dec. 27, 1977, Pub. L. 95-217, Sec. 2, 91 Stat.
1566, and renumbered Sec. 519, Feb. 4, 1987, Pub. L. 100-4, title
V, Sec. 506, 101 Stat. 76, 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
Section 4 of Pub. L. 92-500 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 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
Section 512 of act June 30, 1948, ch. 758, title V, as added Oct.
18, 1972, Pub. L. 92-500, Sec. 2, 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, Sec. 308, Oct. 29, 1992, 106 Stat.
4286; as amended by Pub. L. 105-362, title II, Sec. 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 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;
"(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
Section 2 of Pub. L. 100-4 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, Sec. 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
Section 5 of Pub. L. 92-500 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.
INTERNATIONAL TRADE STUDY
Section 6 of Pub. L. 92-500 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 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
Section 7 of Pub. L. 92-500 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
Section 10 of Pub. L. 92-500 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.
EFFICIENCY STUDY
Section 11 of Pub. L. 92-500 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 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
Section 13 of Pub. L. 92-500 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"
Section 1(d) of Pub. L. 100-4 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."