Notes on 33 U.S.C. § 1330 : US Code - Notes

Search Notes on 33 U.S.C. § 1330 : US Code - Notes

(June 30, 1948, ch. 758, title III, Sec. 320, as added Pub. L. 100-
4, title III, Sec. 317(b), Feb. 4, 1987, 101 Stat. 61; amended
Pub. L. 100-202, Sec. 101(f) [title II, 201], Dec. 22, 1987, 101
Stat. 1329-187, 1329-197; Pub. L. 100-653, title X, Sec. 1004, Nov.
14, 1988, 102 Stat. 3836; Pub. L. 100-688, title II, Sec. 2001,
Nov. 18, 1988, 102 Stat. 4151; Pub. L. 105-362, title V, Sec.
501(a)(2), Nov. 10, 1998, 112 Stat. 3283; Pub. L. 106-457, title
III, Secs. 301 - 303, Nov. 7, 2000, 114 Stat. 1972; Pub. L. 107-
303, title III, Sec. 302(b)(1), Nov. 27, 2002, 116 Stat. 2361;
Pub. L. 108-399, Sec. 1, Oct. 30, 2004, 118 Stat. 2253.)
REFERENCES IN TEXT
Executive Order 12372, referred to in subsec. (b), is Ex. Ord.
No. 12372, July 14, 1982, 47 F.R. 30959, as amended, which is set
out under section 6506 of Title 31, Money and Finance.
AMENDMENTS
2004 - Subsec. (i). Pub. L. 108-399 substituted "2010" for "2005"
in introductory provisions.
2002 - Subsec. (k). Pub. L. 107-303 repealed Pub. L. 105-362,
Sec. 501(a)(2). See 1998 Amendment note below.
2000 - Subsec. (a)(2)(B). Pub. L. 106-457, Sec. 301, inserted
"Lake Pontchartrain Basin, Louisiana and Mississippi;" before "and
Peconic Bay, New York."
Subsec. (g)(2), (3). Pub. L. 106-457, Sec. 302, added pars. (2)
and (3) and struck out former pars. (2) and (3) which read as
follows:
"(2) Purposes. - Grants under this subsection shall be made to
pay for assisting research, surveys, studies, and modeling and
other technical work necessary for the development of a
conservation and management plan under this section.
"(3) Federal share. - The amount of grants to any person
(including a State, interstate, or regional agency or entity) under
this subsection for a fiscal year shall not exceed 75 percent of
the costs of such research, survey, studies, and work and shall be
made on condition that the non-Federal share of such costs are
provided from non-Federal sources."
Subsec. (i). Pub. L. 106-457, Sec. 303, substituted "$35,000,000
for each of fiscal years 2001 through 2005" for "$12,000,000 per
fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and
1991".
1998 - Subsec. (k). Pub. L. 105-362, Sec. 501(a)(2), which
directed the substitution of "section 1254(n)(3)" for "section
1254(n)(4)", was repealed by Pub. L. 107-303. See Effective Date of
2002 Amendment note below.
1988 - Subsec. (a)(2)(B). Pub. L. 100-653, Sec. 1004, and Pub. L.
100-688, Sec. 2001(1), made identical amendments, inserting
"Massachusetts Bay, Massachusetts (including Cape Cod Bay and
Boston Harbor);" after "Buzzards Bay, Massachusetts;".
Pub. L. 100-688, Sec. 2001(2), substituted "California;
Galveston" for "California; and Galveston".
Pub. L. 100-688, Sec. 2001(3), which directed insertion of ";
Barataria-Terrebonne Bay estuary complex, Louisiana; Indian River
Lagoon, Florida; and Peconic Bay, New York" after "Galveston Bay,
Texas;" was executed by making insertion after "Galveston Bay,
Texas" as probable intent of Congress.
1987 - Subsec. (a)(2)(B). Pub. L. 100-202 inserted "Santa Monica
Bay, California;".
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-303 effective Nov. 10, 1998, and Federal
Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and
administered on and after Nov. 27, 2002, as if amendments made by
section 501(a)-(d) of Pub. L. 105-362 had not been enacted, see
section 302(b) of Pub. L. 107-303, set out as a note under section
1254 of this title.
MASSACHUSETTS BAY PROTECTION; DEFINITION; FINDINGS AND PURPOSE;
FUNDING SOURCES
Sections 1002, 1003, 1005 of title X of Pub. L. 100-653 provided
that:
"SEC. 1002. DEFINITION.
"For purposes of this title [amending section 1330 of this title
and enacting provisions set out as notes under sections 1251 and
1330 of this title], the term 'Massachusetts Bay' includes
Massachusetts Bay, Cape Cod Bay, and Boston Harbor, consisting of
an area extending from Cape Ann, Massachusetts south to the
northern reach of Cape Cod, Massachusetts.
"SEC. 1003. FINDINGS AND PURPOSE.
"(a) Findings. - The Congress finds and declares that -
"(1) Massachusetts Bay comprises a single major estuarine and
oceanographic system extending from Cape Ann, Massachusetts south
to the northern reaches of Cape Cod, encompassing Boston Harbor,
Massachusetts Bay, and Cape Cod Bay;
"(2) several major riverine systems, including the Charles,
Neponset, and Mystic Rivers, drain the watersheds of eastern
Massachusetts into the Bay;
"(3) the shorelines of Massachusetts Bay, first occupied in the
middle 1600's, are home to over 4 million people and support a
thriving industrial and recreational economy;
"(4) Massachusetts Bay supports important commercial fisheries,
including lobsters, finfish, and shellfisheries, and is home to
or frequented by several endangered species and marine mammals;
"(5) Massachusetts Bay also constitutes an important
recreational resource, providing fishing, swimming, and boating
opportunities to the region;
"(6) rapidly expanding coastal populations and pollution pose
increasing threats to the long-term health and integrity of
Massachusetts Bay;
"(7) while the cleanup of Boston Harbor will contribute
significantly to improving the overall environmental quality of
Massachusetts Bay, expanded efforts encompassing the entire
ecosystem will be necessary to ensure its long-term health;
"(8) the concerted efforts of all levels of Government, the
private sector, and the public at large will be necessary to
protect and enhance the environmental integrity of Massachusetts
Bay; and
"(9) the designation of Massachusetts Bay as an Estuary of
National Significance and the development of a comprehensive plan
for protecting and restoring the Bay may contribute significantly
to its long-term health and environmental integrity.
"(b) Purpose. - The purpose of this title is to protect and
enhance the environmental quality of Massachusetts Bay by providing
for its designation as an Estuary of National Significance and by
providing for the preparation of a comprehensive restoration plan
for the Bay.
"SEC. 1005. FUNDING SOURCES.
"Within one year of enactment [Nov. 14, 1988], the Administrator
of the United States Environmental Protection Agency and the
Governor of Massachusetts shall undertake to identify and make
available sources of funding to support activities pertaining to
Massachusetts Bay undertaken pursuant to or authorized by section
320 of the Clean Water Act [33 U.S.C. 1330], and shall make every
effort to coordinate existing research, monitoring or control
efforts with such activities."
PURPOSES AND POLICIES OF NATIONAL ESTUARY PROGRAM
Section 317(a) of Pub. L. 100-4 provided that:
"(1) Findings. - Congress finds and declares that -
"(A) the Nation's estuaries are of great importance for fish
and wildlife resources and recreation and economic opportunity;
"(B) maintaining the health and ecological integrity of these
estuaries is in the national interest;
"(C) increasing coastal population, development, and other
direct and indirect uses of these estuaries threaten their health
and ecological integrity;
"(D) long-term planning and management will contribute to the
continued productivity of these areas, and will maximize their
utility to the Nation; and
"(E) better coordination among Federal and State programs
affecting estuaries will increase the effectiveness and
efficiency of the national effort to protect, preserve, and
restore these areas.
"(2) Purposes. - The purposes of this section [enacting this
section] are to -
"(A) identify nationally significant estuaries that are
threatened by pollution, development, or overuse;
"(B) promote comprehensive planning for, and conservation and
management of, nationally significant estuaries;
"(C) encourage the preparation of management plans for
estuaries of national significance; and
"(D) enhance the coordination of estuarine research."