Professional Documents
Culture Documents
Usc33@117 159
Usc33@117 159
Usc33@117 159
EDITORIAL NOTES
CODIFICATION
The first paragraph of this section is from section 4 of act Aug. 18, 1894, popularly known as the "River
and Harbor Act of 1894", as amended.
As originally enacted, said section 4 made it the duty of the Secretary of War to prescribe rules and
regulations for the use, administration, and navigation of any or all canals and similar works of navigation
owned, operated, or maintained by the United States, and provided for the posting of such regulations and the
punishment of violations thereof.
Said section 4 was amended by section 11 of act June 13, 1902, principally by adding to the original section
provisions authorizing the Secretary also to prescribe regulations to govern the speed and movement of
vessels and other water craft in any public navigable channel which had been improved under authority of
Congress, whenever in his judgment such regulations were necessary to protect such improved channel from
injury or to prevent interference with the operations of the United States in improving navigable waters or
injury to any plant that might be employed in such operations.
Section 4 was also amended by section 7 of act Aug. 8, 1917, to read as set forth in the first paragraph
hereof.
The last paragraph of this section is from section 6 of act June 13, 1902. Said section 6 is also the source of
the last proviso in section 499 of this title.
EDITORIAL NOTES
CODIFICATION
These provisions were part of section 5 of act Mar. 3, 1909, popularly known as the "River and Harbor
Appropriation Act of 1909".
These provisions superseded previous similar provisions relating to the navigation of the South Pass only,
contained in act Aug. 11, 1888, ch. 860, §5, 25 Stat. 424, amended by act Sept. 19, 1890, ch. 907, §3, 26 Stat.
452.
EDITORIAL NOTES
CODIFICATION
Undesignated pars. 1 to 4 of this section are from sections 1 to 4, respectively, of act July 9, 1918, popularly
known as the "Army Appropriation Act of 1919".
Undesignated pars. 1 and 2 of this section superseded similar provisions of act Aug. 8, 1917, ch. 49, §8, 40
Stat. 266.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not
previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the
Army and Department of the Army, see Secretary of Defense Transfer Order No. 40 [App. A(55)], July 22,
1949.
EDITORIAL NOTES
CODIFICATION
R.S. §5252 derived from Res. Feb. 21, 1871, No. 40, 16 Stat. 598.
The first paragraph of this section is from R.S. §5252, which, as enacted, authorized and directed the
establishment of water gauges and the making of daily observations at or in the vicinity of certain enumerated
places, and at such other places as the Secretary of War might deem advisable. It further provided that the
expenditure should be made from the appropriation for the improvement of rivers and harbors and that the
annual cost of the observations should not exceed $5,000. These latter provisions were apparently modified by
section 6 of act Aug. 11, 1888, as amended by section 9 of act June 13, 1902, which was substantially the
second paragraph of this section. As originally enacted, section 6 of act Aug. 11, 1888, provided for the
gauging of the waters of the Lower Mississippi and tributaries, and limited the cost for each year to the
amount appropriated in the act for such purpose.
AMENDMENTS
1954—Act Aug. 30, 1954, repealed proviso requiring that an itemized statement of expenses incurred in
gauging waters of the Mississippi River and its tributaries, as provided in this section, should accompany the
annual report of the Chief of Engineers.
(3) property taxes on vessels or watercraft, other than vessels or watercraft that are primarily
engaged in foreign commerce if those taxes are permissible under the United States Constitution.
(July 5, 1884, ch. 229, §4, 23 Stat. 147; Mar. 3, 1909, ch. 264, §6, 35 Stat. 818; July 26, 1947, ch.
343, title II, §205(a), 61 Stat. 501; Aug. 30, 1954, ch. 1076, §1(15), 68 Stat. 967; Pub. L. 107–295,
title IV, §445, Nov. 25, 2002, 116 Stat. 2133; Pub. L. 108–176, title VIII, §829(a), Dec. 12, 2003,
117 Stat. 2597.)
EDITORIAL NOTES
CODIFICATION
Section is from act July 5, 1884, popularly known as the "Rivers and Harbors Appropriation Act of 1884".
The section, as originally enacted, was as follows:
"No tolls or operating charges whatsoever shall be levied or collected upon any vessel or vessels, dredges,
or other passing water-craft through any canal or other work for the improvement of navigation belonging to
the United States; and for the purpose of preserving and continuing the use and navigation of said canals,
rivers, and other public works without interruption, the Secretary of War, upon the application of the chief
engineer in charge of said works, is hereby authorized to draw his warrant or requisition from time to time
upon the Secretary of the Treasury to pay the actual expenses of operating and keeping said works in repair,
which warrants or requisitions shall be paid by the Secretary of the Treasury, out of any money in the
Treasury not otherwise appropriated: Provided, however, That an itemized statement of said expenses shall
accompany the annual report of the chief of engineers."
It was amended by act March 3, 1909, to read substantially as set forth above.
AMENDMENTS
2003—Subsec. (b)(3). Pub. L. 108–176 added par. (3).
2002—Pub. L. 107–295 designated existing provisions as subsec. (a) and added subsec. (b).
1954—Act Aug. 30, 1954, repealed last proviso requiring that an itemized statement of expenses incurred
in operating, maintaining, keeping in repair, and reconstructing locks, canals, etc., other than the Panama
Canal, as provided in this section, should accompany the annual report of the Chief of Engineers.
EDITORIAL NOTES
CODIFICATION
R.S. §5247 derived from acts June 23, 1866, ch. 138, §1, 14 Stat. 73; Mar. 2, 1867, ch. 144, §2, 14 Stat.
421.
EDITORIAL NOTES
CODIFICATION
Section is from act July 27, 1916, popularly known as the "Rivers and Harbors Appropriation Act of 1916".
A further provision of act July 27, 1916, repealed act Mar. 3, 1891, ch. 542, 26 Stat. 969, which authorized
a transfer of the iron pier to the Treasury Department.
EDITORIAL NOTES
CODIFICATION
R.S. §5244 derived from act May 23, 1828, ch. 75, §7, 4 Stat. 290.
Another R.S. 5244 is classified to section 43 of Title 12, Banks and Banking.
EDITORIAL NOTES
CODIFICATION
R.S. §5246 derived from acts Aug. 8, 1846, ch. 103, §3, 9 Stat. 78; Jan. 20, 1870, ch. 7, 16 Stat. 61.
EDITORIAL NOTES
CODIFICATION
R.S. §5251 derived from act Mar. 3, 1811, ch. 46, §12, 2 Stat. 606.
EDITORIAL NOTES
CODIFICATION
This section is from a resolution entitled a "Joint Resolution giving consent of the Congress of the United
States to the States of North Dakota, South Dakota, Minnesota, Wisconsin, Iowa, and Nebraska, or any two or
more of said States, to agree upon the jurisdiction to be exercised by said States over boundary waters
between any two or more of said States".
EDITORIAL NOTES
CODIFICATION
This section is from a proviso following provisions establishing an additional collection district in the State
of Texas to be known as the district of Sabine; the establishment of the said district being conditioned on the
making of the conveyance referred to in this section.
Further provisions of the said proviso authorizing the Secretary of War to accept the said waterways as the
property of the United States, and directing that the Act take effect only when the requirements of the section
be fully complied with to the satisfaction of the Secretary of War, have been omitted as executed and obsolete.
EDITORIAL NOTES
CODIFICATION
The first sentence hereof is section 1 and the second sentence section 2 of act Feb. 25, 1921, entitled "An
Act to declare Bayou Cocodrie nonnavigable from its source to its junction with Bayou Chicot".
EDITORIAL NOTES
CODIFICATION
The first sentence hereof is section 1 and the last sentence section 2 of act Mar. 3, 1923, entitled "An Act
declaring Bear Creek in Humphreys, Leflore, and Sunflower counties, Mississippi, to be a nonnavigable
stream".
EDITORIAL NOTES
CODIFICATION
The first sentence hereof is section 1 and the last sentence section 2 of act Feb. 15, 1910, entitled "An Act
to declare Big Tarkio River, in Holt and Atchison counties, Missouri, nonnavigable".
EDITORIAL NOTES
CODIFICATION
Section was a provision of section 1 of act July 27, 1916, popularly known as the "Rivers and Harbors
Appropriation Act of 1916".
APPROVAL OF DECLARATION
See Arkansas Laws 1917, ch. 2, act 406.
EDITORIAL NOTES
REFERENCES IN TEXT
Act of Congress approved July 5, 1884, referred to in text, is act July 5, 1884, ch. 229, 23 Stat. 143, which
provided in part for the appropriation of $50,000 for the continuing improvement of the Calumet River,
provided that no part of such appropriation be expended until the right of way should have been conveyed to
the United States, free from expense, and the United States released from liability to adjacent property owners,
to the satisfaction of the Secretary of War.
EDITORIAL NOTES
REFERENCES IN TEXT
Section 7 of the Act of September 19, 1890, referred to in text, is section 7 of act Sept. 19, 1890, ch. 907, 26
Stat. 454, as amended generally by act July 13, 1892, ch. 158, §3, 27 Stat. 110, which prohibited construction
of certain structures in the navigable waters of the United States, with certain conditions and exceptions, and
is not classified to the Code. Provisions similar to those in section 7 of act Sept. 19, 1890, were subsequently
enacted by sections 9 and 10 of act Mar. 3, 1899, ch. 425, 30 Stat. 1151, which are classified, respectively, to
sections 401 and 403 of this title.
CODIFICATION
The two sentences comprising the first paragraph of this section are, respectively, sections 1 and 2 of act
Jan. 24, 1923.
The second paragraph of this section is from act Feb. 27, 1923.
The last paragraph of this section is from act June 7, 1924.
EDITORIAL NOTES
REFERENCES IN TEXT
Act July 27, 1916, chapter 260, referred to in text, is act July 27, 1916, ch. 260, 39 Stat. 393, which is
classified to sections 7, 25, 28, 38, 424, and 648 to 650 of this title. For complete classification of this Act to
the Code, see Tables.
CODIFICATION
Section is from a provision of section 1 of act July 27, 1916, popularly known as the "Rivers and Harbors
Appropriation Act of 1916".
The portion of that section authorizing the changing, diverting, and straightening of the channel of the river
has been omitted as temporary and executed.
EDITORIAL NOTES
CODIFICATION
R.S. §5248 derived from Res. July 13, 1868, No. 55, 15 Stat. 257; act May 6, 1870, ch. 92, 16 Stat. 121.
The portion of this section relating to the Iowa river north of the town of Wapello is from R.S. §5248.
The remainder the section, relating to so much of the river as lies between Toolsboro and Wapello, is from
act Aug. 18, 1894.
EDITORIAL NOTES
CODIFICATION
The two sentences comprising this section are respectively sections 1 and 2 of act May 24, 1922, entitled
"An act declaring Lake George, Yazoo County, Mississippi, to be a nonnavigable stream".
EDITORIAL NOTES
CODIFICATION
Section is from section 4 of act Mar. 2, 1919, popularly known as the "Rivers and Harbors Appropriation
Act of 1919".
§38. Oklawaha River, Florida; Kyle and Young Canal and "Morrison Landing
extension" substituted
Upon the conveyance to the United States, free of cost, title to the land occupied by what is known
as the "Kyle and Young Canal" and the "Morrison Landing extension" of the same, on the Oklawaha
River, in the State of Florida, together with title to a strip of land on the east side of said canal of
such width as in the judgment of the Secretary of the Army may be required for the future widening
of said canal and extension by the United States, the said canal and extension shall become a free
public waterway of the United States in place of the natural bed of the river.
(July 27, 1916, ch. 260, §1, 39 Stat. 396; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)
EDITORIAL NOTES
CODIFICATION
This section superseded act June 24, 1902, ch. 1154, 32 Stat. 398, which declared that the Osage River
above the point where the dividing line between the counties of Benton and Saint Clair crosses the river
should not be a navigable stream.
EDITORIAL NOTES
CODIFICATION
The two sentences of this section are, respectively, from sections 1 and 2 of act Feb. 16, 1921, entitled "An
Act declaring the Platte River to be a nonnavigable stream".
EDITORIAL NOTES
CODIFICATION
Section is from act Mar. 4, 1915, popularly known as the "Rivers and Harbors Appropriation Act of 1915".
EDITORIAL NOTES
CODIFICATION
The two sentences comprising this section are, respectively, sections 1 and 2 of act July 1, 1922, entitled
"An act declaring Tchula Lake, Holmes County, Mississippi, to be a nonnavigable stream".
§47. Eagle Lake, Louisiana-Mississippi
Eagle Lake, which lies partly within the limits of the State of Mississippi, in Warren County, and
partly within the limits of the State of Louisiana, in Madison Parish, is declared to be a nonnavigable
stream within the meaning of the Constitution and laws of the United States.
The right to alter, amend, or repeal this section is expressly reserved.
(June 2, 1926, ch. 445, §§1, 2, 44 Stat. 681.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Rivers and Harbors Act approved June 25, 1910, referred to in text, is act June 25, 1910, ch. 382, 36
Stat. 630, as amended, which is classified to sections 546, 564, and 643 of this title. For complete
classification of this Act to the Code, see Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
This section, referred to in text, was in the original "this Act", meaning act June 2, 1937, ch. 288, 50 Stat.
243, sections 1 and 3 of which are classified to this section. Section 2 of the Act, which relates to
abandonment of a portion of the Benton Harbor Canal project, is not classified to the Code.
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat.
852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (b)(2)(C), is Pub. L. 91–190, Jan. 1,
1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out
under section 4321 of Title 42 and Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
The provisions of the Acts of August 30, 1935 (49 Stat. 1028) and July 14, 1960 (74 Stat. 480), referred to
in text, authorizing the Bayou Lafourche, Louisiana, project, are not classified to the Code.
EDITORIAL NOTES
REFERENCES IN TEXT
The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as
amended, which is classified generally to subchapter III (§525 et seq.) of chapter 11 of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 525 of this title and Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (b), is Pub. L. 91–190, Jan. 1, 1970,
83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
AMENDMENTS
2020—Pub. L. 116–260 amended section generally. Prior to amendment, section related to Northern
Embarcadero area, San Francisco, California.
§59h–1. Repealed. Pub. L. 116–260, div. AA, title III, §316(b), Dec. 27, 2020, 134
Stat. 2706
Section, Pub. L. 110–114, title V, §5052, Nov. 8, 2007, 121 Stat. 1211, related to area of nonnavigability in
the San Francisco, California, waterfront area.
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (b), is Pub. L. 91–190, Jan. 1, 1970,
83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under
section 4321 of Title 42 and Tables.
CODIFICATION
The text of the boundary descriptions contained in pars. (1) to (5) of subsec. (a), which is not set out in the
Code, appears at 102 Stat. 4032 to 4038.
AMENDMENTS
2016—Subsec. (c). Pub. L. 114–322 struck out "(except 30 years from November 17, 1988, in the case of
the area or any part thereof described in subsection (a)(5))" after "in subsection (a)" and inserted at end
"Notwithstanding the preceding sentence, the declaration of nonnavigability for the area described in
subsection (a)(5), or any part thereof, shall not expire."
2007—Subsec. (c). Pub. L. 110–114 substituted "subsection (a) (except 30 years from November 17, 1988,
in the case of the area or any part thereof described in subsection (a)(5))" for "subsection (a) of this section".
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat.
852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
§59l. Nonapplicability of prohibitions and provisions for review and approval
concerning wharves and piers
The prohibitions and provisions for review and approval concerning wharves and piers in waters
of the United States as set forth in sections 403 and 565 of this title shall not apply to any body of
water located entirely within one State which is, or could be, considered to be a navigable body of
water of the United States solely on the basis of historical use in interstate commerce.
(Pub. L. 94–587, §154, Oct. 22, 1976, 90 Stat. 2932.)
§59m. Lake Oswego, Oregon; Lake Coeur d'Alene, Idaho; and Lake George,
New York
For the purposes of section 403 of this title the following bodies of water are declared
nonnavigable: Lake Oswego, Oregon; Lake Coeur d'Alene, Idaho; and Lake George, New York.
(Pub. L. 94–587, §162, Oct. 22, 1976, 90 Stat. 2934.)
EDITORIAL NOTES
CODIFICATION
"Section 403 of this title" substituted in text for "section 10 of the Act of March 3, 1899 (30 Stat. 1151) (33
U.S.C. 401)" as the probable intent of Congress in that section 10 of said act is set out as section 403 of this
title while section 401 of this title is based on section 9 of the act of Mar. 3, 1899.
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91–190, Jan. 1, 1970,
83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under
section 4321 of Title 42 and Tables.
more particularly described in the Congressional Record dated March 11, 1986, pages
S2446–2447, is hereby declared to be not a navigable water of the United States within the meaning
of the Constitution and the laws of the United States, except for the purposes of the Federal Water
Pollution Control Act [33 U.S.C. 1251 et seq.].
(Pub. L. 99–662, title XI, §1118, Nov. 17, 1986, 100 Stat. 4237.)
EDITORIAL NOTES
REFERENCES IN TEXT
For Congressional Record dated March 11, 1986, pages S2446–2447, referred to in text, see Cong. Rec.,
vol. 132, pt. 3, pp. 4342–4343, Mar. 11, 1986.
The Federal Water Pollution Control Act, referred to in text, is act June 30, 1948, ch. 758, as amended
generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26
(§1251 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out
under section 1251 of this title and Tables.
Said parcel containing 67.6 acres being the same more or less.
(b) The declaration in subsection (a) of this section shall apply only to portions of the described
area which are either bulkheaded and filled or occupied by permanent pile-supported structures.
Plans for bulkheading and filling and permanent pile-supported structures shall be approved by the
Secretary of the Army, acting through the Chief of Engineers. Local interests shall reimburse the
Federal Government for engineering and all other costs incurred under this section.
(Pub. L. 94–587, §179, Oct. 22, 1976, 90 Stat. 2938.)
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91–190, Jan. 1, 1970,
83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under
section 4321 of Title 42 and Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
The following described area, referred to in text, refers to the metes and bounds description of that portion
of the Erie Basin in the Buffalo Harbor set out in the second paragraph of section 1 of Pub. L. 96–520, Dec.
12, 1980, 94 Stat. 3033–3035, which is not classified to the Code.
EDITORIAL NOTES
REFERENCES IN TEXT
The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as
amended, which is classified generally to subchapter III (§525 et seq.) of chapter 11 of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 525 of this title and Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as
amended, which is classified generally to subchapter III (§525 et seq.) of chapter 11 of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 525 of this title and Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
The General Bridge Act of 1946, referred to in subsec. (a), is title V of act Aug. 2, 1946, ch. 753, 60 Stat.
847, as amended, which is classified generally to subchapter III (§525 et seq.) of chapter 11 of this title. For
complete classification of this Act to the Code, see Short Title note set out under section 525 of this title and
Tables.
CODIFICATION
Pub. L. 100–448 and Pub. L. 100–457 enacted identical sections.
Coordinates and bearings are in the system as established by the United States Coast and Geodetic
Survey for the Borough of Brooklyn. The Secretary shall make the public interest determination
separately for each proposed project, using reasonable discretion, within 150 days after submission
of appropriate plans for each proposed project.
(b) Limits on applicability; regulatory requirements
The declaration under subsection (a) shall apply only to those parts of the areas described in
subsection (a) of this section which are or will be bulkheaded and filled or otherwise occupied by
permanent structures, including marina facilities. All such work is subject to all applicable Federal
statutes and regulations, including, but not necessarily limited to, sections 401 and 403 of this title,
section 1344 of this title, and the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et
seq.].
(c) Expiration date
If, 20 years from November 17, 1988, any area or part thereof described in subsection (a) of this
section is not bulkheaded or filled or occupied by permanent structures, including marina facilities,
in accordance with the requirements set out in subsection (b) of this section, or if work in connection
with any activity permitted in subsection (b) is not commenced within 5 years after issuance of such
permits, then the declaration of non-navigability for such area or part thereof shall expire.
(Pub. L. 100–676, §39, Nov. 17, 1988, 102 Stat. 4039.)
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (b), is Pub. L. 91–190, Jan. 1, 1970,
83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under
section 4321 of Title 42 and Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as
amended, which is classified generally to subchapter III (§525 et seq.) of chapter 11 of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 525 of this title and Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (b), is Pub. L. 91–190, Jan. 1, 1970,
83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under
section 4321 of Title 42 and Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (c), is Pub. L. 91–190, Jan. 1, 1970,
83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under
section 4321 of Title 42 and Tables.
CODIFICATION
The provisions of subsec. (b) of this section, which contain the text of the boundary descriptions, have been
omitted. Such provisions appear at 114 Stat. 2614 to 2618.
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (d)(2)(C), is Pub. L. 91–190, Jan. 1,
1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out
under section 4321 of Title 42 and Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (e), is Pub. L. 91–190, Jan. 1, 1970,
83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under
section 4321 of Title 42 and Tables.
CODIFICATION
Section is comprised of section 1079 of Pub. L. 102–240. Subsections (a), (b), and (c) of section 1079 of
Pub. L. 102–240 provided for deauthorization of a portion of a project for harbor modification of Cleveland
Harbor which was authorized by section 202(a) of the Water Resources Development Act of 1986, Pub. L.
99–662, title II, Nov. 17, 1986, 100 Stat. 4095, which is not classified to the Code.
EDITORIAL NOTES
REFERENCES IN TEXT
The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as
amended, which is classified generally to subchapter III (§525 et seq.) of chapter 11 of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 525 of this title and Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
"Such portion of the project", referred to in text, means "The portion of the project for navigation,
Sacramento Deep Water Ship Channel, California, authorized by section 202(a) of the Water Resources
Development Act of 1986 (100 Stat. 4092), beginning from the confluence of the Sacramento River and the
Barge Canal to a point 3,300 feet west of the William G. Stone Lock western gate (including the William G.
Stone Lock and the Bascule Bridge and Barge Canal)." See first sentence of section 347(a)(2) of Pub. L.
106–541, Dec. 11, 2000, 114 Stat. 2618.
The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as
amended, which is classified generally to subchapter III (§525 et seq.) of chapter 11 of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 525 of this title and Tables.
CODIFICATION
Section is comprised of the last sentence of section 347(a)(2) of Pub. L. 106–541.
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (c), is Pub. L. 91–190, Jan. 1, 1970,
83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under
section 4321 of Title 42 and Tables.
CODIFICATION
The text of the boundary descriptions contained in pars. (1) to (5) of subsec. (a) and pars. (1) to (3) of
subsec. (b), which is not set out in the Code, appears at 105 Stat. 2228 to 2231.
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (b), is Pub. L. 91–190, Jan. 1, 1970,
83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under
section 4321 of Title 42 and Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (e)(2), is Pub. L. 91–190, Jan. 1,
1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out
under section 4321 of Title 42 and Tables.
AMENDMENTS
1999—Subsec. (a). Pub. L. 106–53, §585(1), inserted "all or any part of" after "absolute title to" in first
sentence.
Subsec. (b). Pub. L. 106–53, §585(2), amended heading and text of subsec. (b) generally. Prior to
amendment, text read as follows: "Upon receipt of compensation from the City of Galveston, the Secretary
shall convey the parcel as described in subsection (a) of this section. Such compensation shall include—
"(1) conveyance to the Department of the Army of fee simple absolute title to a parcel of land
containing approximately 564 acres on Pelican Island, Texas, in the Eneas Smith Survey, A–190, Pelican
Island, City of Galveston, Galveston County, Texas, adjacent to property currently owned by the United
States. The fair market value of such parcel will be determined in accordance with the provision of
subsection (d) of this section; and
"(2) payment to the United States of an amount equal to the difference of the fair market value of the
parcel to be conveyed pursuant to subsection (a) of this section and the fair market value of the parcel to be
conveyed pursuant to paragraph (1) of this subsection."
Subsec. (c). Pub. L. 106–53, §585(3), in second sentence, inserted ", or any part of the parcel," after
"parcel" and ", if any," after "LCA".
(B) Said beginning point also being the end of the thirteenth course and from said beginning
point runs; thence, along the aformentioned 3 Easterly line of Church Street—
(i) N. 11°2850 E. 1052.14 feet; thence
(ii) crossing Church Street, N. 34°1951 W. 1590.16 feet; thence
(iii) N. 27°5637 W. 3674.36 feet; thence
(iv) N. 35°3354 W. 975.59 feet; thence
(v) N. 57°0439 W. 481.04 feet; thence
(vi) N. 36°2255 W. 870.00 feet to a point in the Pierhead and Bulkhead Line along the
Southeasterly shore of the Delaware River; thence
(vii) along the same line N. 53°3705 E. 1256.19 feet; thence
(viii) still along the same, N. 86°1029 E. 1692.61 feet; thence, still along the same the
following thirteenth courses
(ix) S. 67°4420 E. 1090.00 feet to a point in the Pierhead and Bulkhead Line along the
Southwesterly shore of Woodbury Creek; thence
(x) S. 39°4420 E. 507.10 feet; thence
(xi) S. 31°0138 E. 1062.95 feet; thence
(xii) S. 34°3420 E. 475.00 feet; thence
(xiii) S. 32°2028 E. 254.18 feet; thence
(xiv) S. 52°5549 E. 964.95 feet; thence
(xv) S. 56°2440 E. 366.60 feet; thence
(xvi) S. 80°3150 E. 100.51 feet; thence
(xvii) N. 75°3000 E. 120.00 feet; thence
(xviii) N. 53°0900 E. 486.50 feet; thence
(xix) N. 81°1800 E. 132.00 feet; thence
(xx) S. 56°3500 E. 115.11 feet; thence
(xxi) S. 42°0000 E. 271.00 feet; thence
(xxii) S. 48°3000 E. 287.13 feet to a point in the Northwesterly line of Grove Avenue
(59.75 feet wide); thence
(xxiii) S. 23°0950 W. 4120.49 feet; thence
(xxiv) N. 66°5010 W. 251.78 feet; thence
(xxv) S. 36°0520 E. 228.64 feet; thence
(xxvi) S. 58°5300 W. 1158.36 feet to a point in the Southwesterly line of said River Lane;
thence
(xxvii) S. 41°3135 E. 113.50 feet; thence
(xxviii) S. 61°2835 W. 863.52 feet to the point of beginning.
(C)(i) Except as provided in clause (ii), beginning at a point in the centerline of Church Street
(49.50 feet wide) where the same is intersected by the curved northerly line of
Pennsylvania-Reading Seashore Lines Railroad right-of-way (66.00 feet wide), along that
Railroad, on a curve to the left, having a radius of 1465.69 feet, an arc distance of 1132.14
feet—
(I) N. 88°4547 W. 1104.21 feet; thence
(II) S. 69°0630 W. 1758.95 feet; thence
(III) N. 23°0443 W. 600.19 feet; thence
(IV) N. 19°1532 W. 3004.57 feet; thence
(V) N. 44°5241 W. 897.74 feet; thence
(VI) N. 32°2605 W. 2765.99 feet to a point in the Pierhead and Bulkhead Line along the
Southeasterly shore of the Delaware River; thence
(VII) N. 53°3705 E. 2770.00 feet; thence
(VIII) S. 36°2255 E. 870.00 feet; thence
(IX) S. 57°0439 E. 481.04 feet; thence
(X) S. 35°3354 E. 975.59 feet; thence
(XI) S. 27°5637 E. 3674.36 feet; thence
(XII) crossing Church Street, S. 34°1951 E. 1590.16 feet to a point in the easterly line of
Church Street; thence
(XIII) S. 11°2850 W. 1052.14 feet; thence
(XIV) S. 61°2835 W. 32.31 feet; thence
(XV) S. 11°2850 W. 38.56 feet to the point of beginning.
(ii) The parcel described in clause (i) does not include the parcel beginning at the point in the
centerline of Church Street (49.50 feet wide), that point being N. 11°2850 E. 796.36 feet,
measured along the centerline, from its intersection with the curved northerly right-of-way line
of Pennsylvania-Reading Seashore Lines Railroad (66.00 feet wide)—
(I) N. 78°2740 W. 118.47 feet; thence
(II) N. 15°4840 W. 120.51 feet; thence
(III) N. 77°5300 E 189.58 feet to a point in the centerline of Church Street; thence
(IV) S. 11°2850 W. 183.10 feet to the point of beginning.
(b) Limits on applicability; regulatory requirements
(1) In general
The designation under subsection (a)(1) shall apply to those parts of the areas described in
subsection (a) that are or will be bulkheaded and filled or otherwise occupied by permanent
structures, including marina facilities.
(2) Applicable law
All activities described in paragraph (1) shall be subject to all applicable Federal law,
including—
(A) the Act of March 3, 1899 (30 Stat. 1121, chapter 425);
(B) section 1344 of this title; and
(C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(c) Termination of designation
If, on the date that is 20 years after November 12, 2001, any area or portion of an area described in
subsection (a)(3) 4 is not bulkheaded, filled, or otherwise occupied by permanent structures
(including marina facilities) in accordance with subsection (b), or if work in connection with any
activity authorized under subsection (b) is not commenced by the date that is 5 years after the date on
which permits for the work are issued, the designation of nonnavigability under subsection (a)(1) for
that area or portion of an area shall terminate.
(Pub. L. 107–66, title I, §107, Nov. 12, 2001, 115 Stat. 494.)
EDITORIAL NOTES
REFERENCES IN TEXT
Act of March 3, 1899, referred to in subsec. (b)(2)(A), is act Mar. 3, 1899, ch. 425, 30 Stat. 1121, as
amended, which enacted sections 401, 403, 404, 406, 407, 408, 409, 411 to 416, 418, 502, 549, and 687 of this
title and amended section 686 of this title. For complete classification of this Act to the Code, see Tables.
The National Environmental Policy Act of 1969, referred to in subsec. (b)(2)(C), is Pub. L. 91–190, Jan. 1,
1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out
under section 4321 of Title 42 and Tables.
1 So in original. Probably should be preceded by "this".
2 So in original. Probably should be paragraph "(2)".
3 So in original. Probably should be "aforementioned".
4 So in original. Probably should be "subsection (a)(2)".
EDITORIAL NOTES
REFERENCES IN TEXT
The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as
amended, which is classified generally to subchapter III (§525 et seq.) of chapter 11 of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 525 of this title and Tables.
§59mm. Coalbank Slough deemed not navigable waters of the United States for
certain purposes
The Coalbank Slough in Coos Bay, Oregon, is deemed to not be navigable waters of the United
States for all purposes of subchapter J of Chapter I of title 33, Code of Federal Regulations.
(Pub. L. 116–283, div. G, title LVXXXIV [LXXXIV], §8436, Jan. 1, 2021, 134 Stat. 4736.)
§§61 to 63. Repealed. Oct. 11, 1951, ch. 495, §5, 65 Stat. 407
Section 61, acts Aug. 19, 1890, ch. 802, §1, 26 Stat. 320; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; June 7,
1897, ch. 4, §1, 30 Stat. 96, related to adoption of rules for navigation on high seas. See section 1602 of this
title.
Section 62, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 320, 321, defined "sailing vessel", "steam vessel", and
"under way". See section 1601 of this title.
Section 63, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 321, defined "visible".
§§71 to 84. Repealed. Oct. 11, 1951, ch. 495, §5, 65 Stat. 407
Section 71, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 321, provided that rules concerning lights be complied
with from sunset to sunrise.
Section 72, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 321, related to lights of steam vessel under way.
Section 73, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 321, related to lights of vessel towing another vessel or
vessels.
Section 74, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 322, related to lights and day signals of vessel not under
control and of telegraph cable vessel.
Section 75, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 322, related to lights of sailing vessel under way and of
vessel in tow.
Section 76, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 322, related to lights of small vessel under way in bad
weather.
Section 77, acts Aug. 19, 1890, ch. 802, §1, 26 Stat. 322; May 28, 1894, ch. 83, 28 Stat. 82, related to
substitute lights for small vessel and rowing boats.
Section 78, acts Aug. 19, 1890, ch. 802, §1, 26 Stat. 323; Feb. 19, 1900, ch. 22, §1, 31 Stat. 30, related to
lights of pilot vessel on and off duty, and steam pilot vessel.
Section 79, acts Aug. 19, 1890, ch. 802, §1, 26 Stat. 323; May 28, 1894, ch. 83, 28 Stat. 82; Jan. 19, 1907,
ch. 300, §1, 34 Stat. 850, related to lights and day signals of fishing vessels and boats.
Section 80, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 324, related to lights on overtaken vessel.
Section 81, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 324, related to lights on vessel at anchor or aground.
Section 82, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 325, authorized additional lights and signals when
necessary.
Section 83, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 325, related to special lights for ships of war and
recognition signals.
Section 84, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 325, related to day signal of steam vessel under sail.
§§91, 92. Repealed. Oct. 11, 1951, ch. 495, §5, 65 Stat. 407
Section 91, acts Aug. 19, 1890, ch. 802, §1, 26 Stat. 325; June 10, 1896, ch. 401, §1, 29 Stat. 381, related to
sound signals for fog.
Section 92, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 325, related to speed in fog.
§§101 to 113. Repealed. Oct. 11, 1951, ch. 495, §5, 65 Stat. 407
Section 101, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 326, provided suggestion for ascertainment of risk of
collision.
Section 102, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 326, related to sailing vessels approaching one another.
Section 103, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 326, related to steam vessels meeting end on.
Section 104, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 327, related to steam vessels crossing.
Section 105, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 327, related to steam and sailing vessels meeting.
Section 106, acts Aug. 19, 1890, ch. 802, §1, 26 Stat. 327; May 28, 1894, ch. 83, 28 Stat. 83, provided that
vessel having the right-of-way keep course.
Section 107, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 327, related to crossing ahead of vessel having
right-of-way.
Section 108, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 327, related to duty of steam vessel to slacken speed.
Section 109, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 327, provided that overtaking vessel keep out of the
way of the overtaken vessel, defined "overtaken vessel".
Section 110, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 327, related to steam vessel in narrow channel.
Section 111, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 327, related to right of way of fishing vessels or boats,
and obstruction of fairways.
Section 112, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 327, related to special circumstances requiring
departure from rules.
Section 113, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 328, related to sound signals of steam vessel indicating
course.
§121. Repealed. Oct. 11, 1951, ch. 495, §5, 65 Stat. 407
Section, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 328, related to additional precautions.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF REPEAL
Repeal effective Jan. 1, 1954, see note set out under sections 61 to 63 of this title.
§131. Repealed. Oct. 11, 1951, ch. 495, §5, 65 Stat. 407
Section, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 328, related to local rules for harbors and inland waters.
§141. Repealed. Oct. 11, 1951, ch. 495, §5, 65 Stat. 407
Section, acts Aug. 19, 1890, ch. 802, §1, 26 Stat. 328; May 28, 1894, ch. 83, 28 Stat. 83, related to distress
signals.
§142. Repealed. Oct. 11, 1951, ch. 495, §5, 65 Stat. 407
Section, act Aug. 19, 1890, ch. 802, §1, as added Aug. 21, 1935, ch. 595, §1, 49 Stat. 668, related to orders
to helmsmen.
§§143 to 143b. Repealed. Pub. L. 88–131, §3, Sept. 24, 1963, 77 Stat. 194
Section 143, act Oct. 11, 1951, ch. 495, §1, 65 Stat. 406, related to adoption of rules for prevention of
collisions on the high seas, and to their geographical applicability.
Section 143a, act Oct. 11, 1951, ch. 495, §2, 65 Stat. 407, provided that Navy and Coast Guard be exempt
from the requirements of the rules.
Section 143b, act Oct. 11, 1951, ch. 495, §6, 65 Stat. 408, related to identity of regulations authorized to be
proclaimed.
EXECUTIVE DOCUMENTS
PROCLAMATION NO. 3030
Proc. No. 3030, Aug. 19, 1953, 18 F.R. 4983, which was the enabling proclamation for adopting
Regulations for Preventing Collisions at Sea, 1948, under act Oct. 11, 1951, ch. 495, §1, 65 Stat. 406, was
superseded by Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, set out as a note under former section 1051 of
this title.
EXECUTIVE ORDER NO. 10402
Ex. Ord. No. 10402, Oct. 30, 1952, 17 F.R. 9917, which enforced the Convention for the Safety of Life at
Sea, 1948, was revoked by Ex. Ord. No. 12234, Sept. 3, 1980, 45 F.R. 58801, set out as a note under section
1602 of this title.
§§145 to 145n. Repealed. Pub. L. 88–131, §3, Sept. 24, 1963, 77 Stat. 194
Section 145, act Oct. 11, 1951, ch. 495, §6, Pt. B, 65 Stat. 408, related to lights of power-driven vessels
under way and of seaplanes under way on the water.
Section 145a, act Oct. 11, 1951, ch. 495, §6, Pt. B, 65 Stat. 410, related to lights of vessel or seaplane
towing or pushing other vessels or seaplanes.
Section 145b, act Oct. 11, 1951, ch. 495, §6, Pt. B, 65 Stat. 410, related to lights and day signals of vessel
not under command and of vessels engaged in specified operations.
Section 145c, act Oct. 11, 1951, ch. 495, §6, Pt. B, 65 Stat. 411, related to lights of sailing vessel under way
and of vessel or seaplane in tow and of vessels being pushed ahead.
Section 145d, act Oct. 11, 1951, ch. 495, §6, Pt. B, 65 Stat. 411, related to lights of small vessel in bad
weather.
Section 145e, act Oct. 11, 1951, ch. 495, §6, Pt. B, 65 Stat. 411, related to substitute lights for small vessel
and rowing boats.
Section 145f, act Oct. 11, 1951, ch. 495, §6, Pt. B, 65 Stat. 412, related to lights of pilot vessel on and off
duty.
Section 145g, acts Oct. 11, 1951, ch. 495, §6, Pt. B, 65 Stat. 413; June 26, 1953, ch. 155, §1, 67 Stat. 83,
related to lights and day signals of fishing vessels.
Section 145h, acts Oct. 11, 1951, ch. 495, §6, Pt. B, 65 Stat. 414, related to stern and tail lights.
Section 145i, acts Oct. 11, 1951, ch. 495, §6, Pt. B, 65 Stat. 414; June 26, 1953, ch. 155, §2, 67 Stat. 83,
related to lights on vessels or seaplanes at anchor or aground.
Section 145j, act Oct. 11, 1951, ch. 495, §6, Pt. B, 65 Stat. 415, related to additional lights and signals when
necessary.
Section 145k, act Oct. 11, 1951, ch. 495, §6, Pt. B, 65 Stat. 415, related to special lights for ships of war, for
vessels sailing under convoy and for seaplanes on the water, recognition signals adopted by shipowners, and
lights of naval and military vessels and seaplanes of special construction.
Section 145l, act Oct. 11, 1951, ch. 495, §6, Pt. B, 65 Stat. 415, related to day signal of steam vessel under
sail.
Section 145m, act Oct. 11, 1951, ch. 495, §6, Pt. B, 65 Stat. 415, related to sound signals under conditions
of restricted visibility.
Section 145n, act Oct. 11, 1951, ch. 495, §6, Pt. B, 65 Stat. 417, related to speed in weather restricting
visibility.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF REPEAL
Repeal effective Sept. 1, 1965, see Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, and section 3 of Pub. L.
88–131, both set out as notes under section 1051 of this title.
§§146 to 146k. Repealed. Pub. L. 88–131, §3, Sept. 24, 1963, 77 Stat. 194
Section 146, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 417, provided methods of obeying and construing
sections 146 to 146k, suggestion for ascertainment of risk of collision, and advice concerning the operation of
seaplanes.
Section 146a, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 417, related to sailing vessels approaching one
another.
Section 146b, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 417, related to power-driven vessels meeting
end on.
Section 146c, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 418, related to power-driven vessels crossing.
Section 146d, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 418, related to vessels or seaplanes meeting.
Section 146e, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 418, related to the course of vessels having the
right of way, and the duty in aiding to avert collision.
Section 146f, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 418, related to crossing ahead of vessel having
right of way.
Section 146g, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 418, related to duty of power-driven vessel to
slacken speed.
Section 146h, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 418, provided that overtaking vessel keep out of
the way of the overtaken vessel, defined "overtaken vessel".
Section 146i, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 419, related to power-driven vessels in narrow
channels and in nearing bends in a channel.
Section 146j, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 419, related to right of way of fishing vessels,
and obstruction of fairways.
Section 146k, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 419, related to special circumstances requiring
departure from rules.
§§147 to 147d. Repealed. Pub. L. 88–131, §3, Sept. 24, 1963, 77 Stat. 194
Section 147, act Oct. 11, 1951, ch. 495, §6, Pt. D, 65 Stat. 419, related to sound signals of vessels indicating
course.
Section 147a, act Oct. 11, 1951, ch. 495, §6, Pt. D, 65 Stat. 419, related to additional precautions.
Section 147b, act Oct. 11, 1951, ch. 495, §6, Pt. D, 65 Stat. 420, related to local rules for harbors and inland
waters.
Section 147c, act Oct. 11, 1951, ch. 495, §6, Pt. D, 65 Stat. 420, related to distress signals.
Section 147d, act Oct. 11, 1951, ch. 495, §6, Pt. D, 65 Stat. 420, related to orders to helmsmen.
SUBCHAPTER I—PRELIMINARY
EDITORIAL NOTES
REFERENCES IN TEXT
The International Regulations for Preventing Collisions at Sea, referred to in subsec. (a), came into effect
pursuant to the Convention on the International Regulations for Preventing Collisions at Sea, 1972. See
International Regulations for Preventing Collisions at Sea, 1972 note under section 1602 of this title.
CODIFICATION
Section was not enacted as part of act June 7, 1897, ch. 4, 30 Stat. 96, which comprises a major part of this
chapter.
AMENDMENTS
1980—Subsec. (a). Pub. L. 96–324 designated existing provisions as subsec. (a), substituted provision
authorizing the Secretary of the Department in which the Coast Guard is operating to establish demarcation
lines for provision authorizing the Secretary of the Treasury to establish demarcation lines, and inserted
provision specifying the purpose of establishing demarcation lines as determining the applicability of special
navigational rules in lieu of the International Regulations for Preventing Collisions at Sea.
Subsec. (b). Pub. L. 96–324 added subsec. (b).
Subsec. (c). Pub. L. 96–591 and Pub. L. 96–376 made identical amendments by striking out reference to the
Canal Zone.
Pub. L. 96–324 added subsec. (c).
EXECUTIVE DOCUMENTS
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48,
Territories and Insular Possessions.
TERRITORIAL SEA OF UNITED STATES
For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of
Title 43, Public Lands.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with
certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§1,
2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5. Functions of Coast
Guard, and Commandant of the Coast Guard, excepted from transfer when Coast Guard is operating as part of
Navy under former sections 1 and 3 (now 101 and 103) of Title 14, Coast Guard.
§153. Penalty for use of unlawful towline
The master of the towing vessel shall be liable to the suspension or revocation of his license for
any willful violation of regulations issued pursuant to section 152 of this title in the manner
prescribed for incompetency, misconduct, or unskillfulness.
(May 28, 1908, ch. 212, §15, 35 Stat. 429.)
EDITORIAL NOTES
CODIFICATION
Section was not enacted as part of act June 7, 1897, ch. 4, 30 Stat. 96, which comprises a major part of this
chapter.
§154. Repealed. Pub. L. 96–591, §8(a), Dec. 24, 1980, 94 Stat. 3435
Section, acts June 7, 1897, ch. 4, §1, 30 Stat. 96; May 21, 1948, ch. 328, §1, 62 Stat. 249; Aug. 8, 1953, ch.
386, §1, 67 Stat. 497, provided for adoption of rules of navigation of harbors, rivers, and inland waters.
EDITORIAL NOTES
CODIFICATION
Prior rules for preventing collision prescribed by R.S. §4233 to be followed by vessels of the Navy and
mercantile marine of the United States, applicable originally to all waters, were superseded as to navigation on
the high seas and waters connected therewith by the International Rules (act Aug. 19, 1890, ch. 802 [sec. 61 et
seq. of this title]) were superseded as to navigation on the Great Lakes and their connecting and tributary
waters as far east as Montreal, by act Feb. 8, 1895, ch. 64 (section 241 et seq. of this title); were adopted as
special rules for the navigation of harbors, rivers, and inland waters of the United States, except the Great
Lakes and their connecting and tributary waters as far east as Montreal by act of Feb. 19, 1895, ch. 102 (see
section 301 et seq. of this title); and were superseded by act June 7, 1897, ch. 4, as to navigation of all harbors,
rivers, and inland waters of the United States except as specified in this paragraph, leaving them applicable
solely to the Red River of the North and the rivers emptying into the Gulf of Mexico and their tributaries.
§§155 to 159. Repealed. Pub. L. 96–591, §8(a), Dec. 24, 1980, 94 Stat. 3435
Section 155, act June 7, 1897, ch. 4, §1, 30 Stat. 96, defined "sailing vessel", "steam vessel", and "under
way".
Section 156, act June 7, 1897, ch. 4, §1, 30 Stat. 96, defined "visible".
Section 157, acts June 7, 1897, ch. 4, §2, 30 Stat. 102; May 25, 1914, ch. 98, 38 Stat. 381; June 30, 1932,
ch. 314, pt. II, title V, §§501, 502(b), 47 Stat. 415; May 27, 1936, ch. 463, §1, 49 Stat. 1380; 1946 Reorg. Plan
No. 3, §§101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat 1097; May 21, 1948, ch. 328, §3, 62 Stat. 249;
Aug. 14, 1958, Pub. L. 85–656, §1, 72 Stat. 612, provided for promulgation of special rules by the Secretary
of the department in which the Coast Guard is operating, and covered publication of rules and hearings in
connection therewith. See section 2071 of this title.
Section 157a, Pub. L. 88–163, Oct. 30, 1963, 77 Stat. 281, provided for regulations for navigation or
operation under bridges over navigable waters.
Section 158, acts June 7, 1897, ch. 4, §3, 30 Stat. 102; May 21, 1948, ch. 328, §3, 62 Stat. 249; Aug. 14,
1958, Pub. L. 85–656, §1, 72 Stat. 612, set out penalties for violations by pilots, engineers, mates, or masters.
See section 2072 of this title.
Section 159, acts June 7, 1897, ch. 4, §4, 30 Stat. 103; May 21, 1948, ch. 328, §3, 62 Stat. 249; Aug. 14,
1958, Pub. L. 85–656, §1, 72 Stat. 612, provided for a penalty for violations by vessels. See section 2072 of
this title.
§§171 to 183. Repealed. Pub. L. 96–591, §8(a), Dec. 24, 1980, 94 Stat. 3435
Section 171, act June 7, 1897, ch. 4, §1, 30 Stat. 96, made general provision for the application of rules
regarding lights.
Section 172, act June 7, 1897, ch. 4, §1, 30 Stat. 96, related to lights of steam vessels underway.
Section 173, acts June 7, 1897, ch. 4, §1, 30 Stat. 97; May 20, 1936, ch. 433, 49 Stat. 1367; May 21, 1948,
ch. 328, §2, 62 Stat. 249; Aug. 14, 1958, Pub. L. 85–635, §1, 72 Stat. 590, related to lights of vessels towing
or pushing another vessel.
Section 174, acts June 7, 1897, ch. 4, §1, 30 Stat. 97; Mar. 1, 1933, ch. 157, 47 Stat. 1417, related to lights
of sailing vessels underway and vessels being towed.
Section 175, act June 7, 1897, ch. 4, §1, 30 Stat. 97, related to lights of small vessels underway in bad
weather.
Section 176, act June 7, 1897, ch. 4, §1, 30 Stat. 98, related to lights of rowboats.
Section 177, acts June 7, 1897, ch. 4, §1, 30 Stat. 98; Feb. 19, 1900, ch. 22, §1, 31 Stat. 30, related to lights
of pilot vessels on and off duty.
Section 178, act June 7, 1897, ch. 4, §1, 30 Stat. 98; 1946 Reorg. Plan No. 3, §§101–104, eff. July 16, 1946,
11 F.R. 7875, 60 Stat. 1097, related to lights of fishing vessels.
Section 179, acts June 7, 1897, ch. 4, §1, 30 Stat. 98; Aug. 14, 1958, Pub. L. 85–635, §2, 72 Stat. 590,
related to lights of overtaken vessels.
Section 180, acts June 7, 1897, ch. 4, §1, 30 Stat. 98; Apr. 22, 1940, ch. 128, §1, 54 Stat. 150; Aug. 5, 1963,
Pub. L. 88–84, §1, 77 Stat. 116; Oct. 15, 1966, Pub. L. 89–670, §6, 80 Stat. 937, related to lights of vessels at
anchor.
Section 181, act June 7, 1897, ch. 4, §1, 30 Stat. 99, related to additional lights when necessary.
Section 182, act June 7, 1897, ch. 4, §1, 30 Stat. 99, related to special lights for ships of war and convoy.
See section 2071 of this title.
Section 183, act June 7, 1897, ch. 4, §1, 30 Stat. 99, related to day signal of vessels under sail.
§§191, 192. Repealed. Pub. L. 96–591, §8(a), Dec. 24, 1980, 94 Stat. 3435
Section 191, acts June 7, 1897, ch. 4, §1, 30 Stat. 99; Aug. 5, 1963, Pub. L. 88–84, §2, 77 Stat. 116, made
general provision for sound signals for fog, etc.
Section 192, act June 7, 1897, ch. 4, §1, 30 Stat. 99, related to speed of vessels in fog, etc.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF REPEAL
Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96–591, set out as an Effective Date of 1980
Amendment note under section 1604 of this title.
§§201 to 213. Repealed. Pub. L. 96–591, §8(a), Dec. 24, 1980, 94 Stat. 3435
Section 201, act June 7, 1897, ch. 4, §1, 30 Stat. 100, related to ascertainment of risk of collision.
Section 202, act June 7, 1897, ch. 4, §1, 30 Stat. 100, related to sailing vessels approaching one another.
Section 203, acts June 7, 1897, ch. 4, §1, 30 Stat. 100; Aug. 21, 1935, ch. 595, §2, 49 Stat. 669, related to
steam vessels approaching, meeting, or passing one another.
Section 204, act June 7, 1897, ch. 4, §1, 30 Stat. 101, related to steam vessels crossing.
Section 205, acts June 7, 1897, ch. 4, §1, 30 Stat. 101; Nov. 5, 1966, Pub. L. 89–764, §1, 80 Stat. 1313,
related to steam and sailing vessels meeting.
Section 206, act June 7, 1897, ch. 4, §1, 30 Stat. 101, provided that vessel having the right of way was to
keep course.
Section 207, act June 7, 1897, ch. 4, §1, 30 Stat. 101, related to situation when a vessel crosses ahead of a
vessel having the right-of-way.
Section 208, act June 7, 1897, ch. 4, §1, 30 Stat. 101, related to duty of steam vessels to slacken speed.
Section 209, act June 7, 1897, ch. 4, §1, 30 Stat. 101, provided that an overtaking vessel keep out of the
way and defined the term "overtaking vessel".
Section 210, acts June 7, 1897, ch. 4, §1, 30 Stat. 101; Nov. 5, 1966, Pub. L. 89–764, §2, 80 Stat. 1313,
related to operation of steam vessels in a narrow channel.
Section 211, act June 7, 1897, ch. 4, §1, 30 Stat. 102, related to right of way of fishing vessels or boats.
Section 212, act June 7, 1897, ch. 4, §1, 30 Stat. 102, provided for departure from the rules in special
circumstances.
Section 213, act June 7, 1897, ch. 4, §1, 30 Stat. 102, related to signal to be given that a vessel's engines are
going at full speed astern.
§§221, 222. Repealed. Pub. L. 96–591, §8(a), Dec. 24, 1980, 94 Stat. 3435
Section 221, act June 7, 1897, ch. 4, §1, 30 Stat. 102, related to usual additional precautions generally
required.
Section 222, act June 7, 1897, ch. 4, §1, 30 Stat. 102, related to suspension of rules regarding the exhibition
of lights on vessels of war or of the Coast Guard.
§231. Repealed. Pub. L. 96–591, §8(a), Dec. 24, 1980, 94 Stat. 3435
Section, act June 7, 1897, ch. 4, §1, 30 Stat. 102, related to distress signals.
SUBCHAPTER VII—ORDERS
§232. Repealed. Pub. L. 96–591, §8(a), Dec. 24, 1980, 94 Stat. 3435
Section, act June 7, 1897, ch. 4, §1, as added Aug. 21, 1935, ch. 595, §2, 49 Stat. 669, related to orders to
helmsmen.
EDITORIAL NOTES
CODIFICATION
Prior rules for preventing collision prescribed by R.S. §4233 to be followed by vessels of the Navy and
mercantile marine of the United States, applicable originally to all waters, were superseded as to navigation on
the high seas and waters connected therewith by the International Rules (act Aug. 19, 1890, ch. 802 [sec. 61 et
seq. of this title]) were superseded as to navigation on the Great Lakes and their connecting and tributary
waters as far east as Montreal, by act Feb. 8, 1895, ch. 64 (section 241 et seq. of this title); were adopted as
special rules for the navigation of harbors, rivers, and inland waters of the United States, except the Great
Lakes and their connecting and tributary waters as far east as Montreal by act of Feb. 19, 1895, ch. 102 (see
section 301 et seq. of this title); and were superseded as to navigation of all harbors, rivers, and inland waters
of the United States, except the Great Lakes and their connecting and tributary waters as far east as Montreal
and the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries by act June 7,
1897, ch. 4, §1, 30 Stat. 96 (section 151 et seq. of this title), leaving them applicable solely to the Red River of
the North and rivers emptying into the Gulf of Mexico.
SUBCHAPTER I—PRELIMINARY
§§241 to 244. Repealed. Pub. L. 96–591, §8(b), Dec. 24, 1980, 94 Stat. 3435
Section 241, acts Feb. 8, 1895, ch. 64, §1, 28 Stat. 645; Mar. 28, 1958, Pub. L. 85–350, §1, 72 Stat. 49,
required adoption of rules for navigation of Great Lakes and connecting and tributary waters.
Section 242, acts Feb. 8, 1895, ch. 64, §1, 28 Stat. 645, defined "sailing vessel", "steam vessel" and "under
way".
Section 243, acts Feb. 8, 1895, ch. 64, §3, 28 Stat. 649; Feb. 14, 1903, ch. 552, §10, 32 Stat. 829; Mar. 4,
1913, ch. 141, §1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat.
1097, related to authority of Commandant of the Coast Guard to establish necessary regulations. See section
2071 of this title.
Section 244, acts Feb. 8, 1895, ch. 64, §2, 28 Stat. 649; Mar. 28, 1958, Pub. L. 85–350, §2, 72 Stat. 49,
related to liability of persons and private vessels for violation of provisions. See section 2072 of this title.
§§251 to 262. Repealed. Pub. L. 96–591, §8(b), Dec. 24, 1980, 94 Stat. 3435
Section 251, acts Feb. 8, 1895, ch. 64, §1, 28 Stat. 645; May 17, 1928, ch. 600, 45 Stat. 592, related to time
for lights and exclusivity of prescribed lights, and defined "visible".
Section 252, acts Feb. 8, 1895, ch. 64, §1, 28 Stat. 645; May 17, 1928, ch. 600, 45 Stat. 592; Feb. 28, 1929,
ch. 370, 45 Stat. 1405; May 9, 1932, ch. 175, §1, 47 Stat. 152; Mar. 18, 1948, ch. 138, §§1–3, 62 Stat. 82,
related to lights of steam vessels under way.
Section 253, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 646, related to lights of steam vessels having a tow other
than a raft.
Section 254, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 646, related to lights of steam vessels having a raft in tow.
Section 255, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 646, related to lights of sailing vessels under way and
vessels in tow.
Section 256, acts Feb. 8, 1895, ch. 64, §1, 28 Stat. 646; May 17, 1928, ch. 601, §1, 45 Stat. 593; 1946
Reorg. Plan No. 3, §§101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to lights of small tugs,
boats on River St. Lawrence, ferryboats, rafts and canal boats.
Section 257, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 646, related to lights of small vessels under way in bad
weather.
Section 258, acts Feb. 8, 1895, ch. 64, §1, 28 Stat. 647; May 17, 1928, ch. 600, 45 Stat. 592; Apr. 22, 1940,
ch. 128, §2, 54 Stat. 150; Jan. 12, 1983, Pub. L. 97–449, §2(d)(1), 96 Stat. 2440, related to lights of vessels at
anchor.
Section 259, acts Feb. 8, 1895, ch. 64, §1, 28 Stat. 647; 1946 Reorg. Plan No. 3, §§101–104, eff. July 16,
1946, 11 F.R. 7875, 60 Stat. 1097, related to lights of produce boats, canal boats, etc., navigating by hand or
horsepower or by sail or by current, or at anchor.
Section 260, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 647, related to lights of open boats.
Section 261, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 647, related to use of torch by sailing vessels on approach
of steamer.
Section 262, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 647, related to suspension of lights by vessels of war or
Coast Guard vessels.
§§271, 272. Repealed. Pub. L. 96–591, §8(b), Dec. 24, 1980, 94 Stat. 3435
Section 271, acts Feb. 8, 1895, ch. 64, §1, 28 Stat. 647; 1946 Reorg. Plan No. 3, §§101–104, eff. July 16,
1946, 11 F.R. 7875, 60 Stat. 1097; Mar. 18, 1948, ch. 138, §4, 62 Stat. 82, related to sound signals in fog, etc.,
of steam and sailing vessels under way, at anchor or aground.
Section 272, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 648, related to speed in fog, etc.
§§281 to 293. Repealed. Pub. L. 96–591, §8(b), Dec. 24, 1980, 94 Stat. 3435
Section 281, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 648, related to steering and sailing rules for sailing vessels
approaching one another.
Section 282, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 648, related to steam vessels meeting end on.
Section 283, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 648, related to steam vessels crossing.
Section 284, acts Feb. 8, 1895, ch. 64, §1, 28 Stat. 648; Nov. 5, 1966, Pub. L. 89–764, §3, 80 Stat. 1313,
related to steam and sailing vessels meeting.
Section 285, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 649, related to maintenance of course and speed by vessel
having right-of-way.
Section 286, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 649, related to duty of steam vessel to slacken speed.
Section 287, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 649, related to duty of overtaking vessel to keep out of the
way.
Section 288, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 649, related to whistle signals of steam vessels to indicate
course.
Section 289, acts Feb. 8, 1895, ch. 64, §1, 28 Stat. 649; Nov. 5, 1966, Pub. L. 89–764, §4, 80 Stat. 1313,
related to right-of-way when steam vessels meet in narrow channels having current and certain rivers, etc.
Section 290, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 649, related to steam vessels passing in narrow channels
and slackening speed when meeting in narrow channels.
Section 291, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 649, related to dissent to or misunderstanding of signal
given and duty to reduce speed.
Section 292, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 649, related to departure from rules to avert immediate
danger.
Section 293, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 649, related to usual additional precautions generally
required.
SUBCHAPTER V—ORDERS
§294. Repealed. Pub. L. 96–591, §8(b), Dec. 24, 1980, 94 Stat. 3435
Section, act Feb. 8, 1895, ch. 64, §1, as added Aug. 21, 1935, ch. 595, §3, 49 Stat. 669, related to orders to
helmsmen.
§295. Repealed. Pub. L. 96–591, §8(b), Dec. 24, 1980, 94 Stat. 3435
Section, act Feb. 8, 1895, ch. 64, §1, as added Mar. 18, 1948, ch. 138, §5, 62 Stat. 82, related to day and
night signals for vessels anchored, not under command, or aground.
EDITORIAL NOTES
CODIFICATION
The rules for preventing collisions prescribed by R.S. §4233, as amended, formed the basis of this chapter.
Those rules as enacted were not limited in application to the navigation of any waters. But they were
superseded as to navigation on the high seas and in all coast waters of the United States, except such as were
otherwise provided for, by the adoption of "Revised International Regulations" by act Mar. 3, 1885, ch. 354,
23 Stat. 438; and these regulations were superseded by the adoption of the subsequent regulations of act Aug.
19, 1890, set out as section 61 et seq. and section 1051 et seq. of this title. The rules prescribed by R.S. §4233
were further superseded, as to navigation on the Great Lakes and their connecting and tributary waters as far
east as Montreal, by the rules applying to such navigation prescribed by act Feb. 8, 1895 (section 241 et seq.
of this title). The provisions of R.S. §§4233, 4412, and 4413 and regulations pursuant thereto were adopted as
special rules for the navigation of harbors, rivers, and inland waters of the United States (except the Great
Lakes and their connecting and tributary waters as far east as Montreal) by act Feb. 19, 1895. R.S. §§4412 and
4413 were classified to section 381 of former Title 46, Shipping. But thereafter the rules prescribed by R.S.
§4233, were further superseded as to navigation of all harbors, rivers, and inland waters except the Red River
of the North and rivers emptying into the Gulf of Mexico and their tributaries, by the rules applying to all such
waters other than the specific exceptions, of act June 7, 1897 (section 151 et seq. of this title). The rules
prescribed by R.S. §4233, therefore, remained in force only as to the navigation of the Red River of the North
and rivers emptying into the Gulf of Mexico and their tributaries.
SUBCHAPTER I—PRELIMINARY
§§301 to 303. Repealed. Pub. L. 96–591, §8(a), Dec. 24, 1980, 94 Stat. 3435
Section 301, R.S. §4233; Aug. 19, 1890, ch. 802, 26 Stat. 320; Feb. 8, 1895, ch. 64, §1, 28 Stat. 645; Feb.
19, 1895, ch. 102, §1, 28 Stat. 672; June 7, 1897, ch. 4, 30 Stat. 96; May 21, 1948, ch. 328, §4, 62 Stat. 250;
Aug. 8, 1953, ch. 386, §2, 67 Stat. 497, made provision for the adoption of rules for navigation on the Red
River of the North and rivers emptying into the Gulf of Mexico and tributaries.
Section 302, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; Mar. 3, 1905, ch. 1457, §10, 33 Stat.
1032; May 21, 1948, ch. 328, §4, 62 Stat. 250, defined the terms "steam vessel", "under way", "visible", and
"distinct blast".
Section 303, act Feb. 19, 1895, ch. 102, §3, 28 Stat. 672, set penalties for violation by vessels. See section
2072 of this title.
§§311 to 323. Repealed. Pub. L. 96–591, §8(a), Dec. 24, 1980, 94 Stat. 3435
Section 311, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 250,
related generally to the times during which rules for the display of lights were to be followed.
Section 312, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 250;
Aug. 14, 1958, Pub. L. 85–635, §3, 72 Stat. 590, set out requirements for lights on vessels towing alongside or
pushing a vessel or vessels.
Section 313, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 251,
related to lights of vessels towing a vessel or vessels astern.
Section 314, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 251,
related to lights of seagoing steam vessels under way.
Section 315, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 251,
related to lights of river steamers.
Section 316, R.S. §4233; Mar. 3, 1893, ch. 202, 27 Stat. 557; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; 1946
Reorg. Plan No. 3, §§101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; May 21, 1948, ch. 328, §4, 62
Stat. 251, related to requirements of additional lights and to requirements of lights on steam vessels not
otherwise provided for.
Section 317, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 251,
related to lights of sailing vessels under way and vessels being towed.
Section 318, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 251,
related to lights of small vessels in bad weather.
Section 319, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; Apr. 22, 1940, ch. 128, §3, 54 Stat. 151;
May 21, 1948, ch. 328, §4, 62 Stat. 252; Aug. 14, 1958, Pub. L. 85–635, §4, 72 Stat. 591, related to lights of
overtaken vessels.
Section 320, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; Mar. 3, 1897, ch. 389, §5, 29 Stat. 689;
May 21, 1948, ch. 328, §4, 62 Stat. 252, related to lights of sailing and steam pilot vessels.
Section 321, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 252,
related to lights on motorboats.
Section 322, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 252;
Aug. 5, 1963, Pub. L. 88–84, §3, 77 Stat. 116; Oct. 15, 1966, Pub. L. 89–670, §6(g)(1)(D), 80 Stat. 941,
related to lights of vessels at anchor.
Section 323, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; Mar. 3, 1897, ch. 389, §12, 29 Stat. 690;
May 21, 1948, ch. 328, §4, 62 Stat. 253, related to lights on warships and Coast Guard cutters.
§331. Repealed. Pub. L. 96–591, §8(a), Dec. 24, 1980, 94 Stat. 3435
Section, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; Mar. 3, 1897, ch. 389, §12, 29 Stat. 690; May
21, 1948, ch. 328, §4, 62 Stat. 253; Aug. 5, 1963, Pub. L. 88–84, §4, 77 Stat. 117, related to manner of giving
signals for vessels under way, in fog or bad weather, or at anchor.
§§341 to 351. Repealed. Pub. L. 96–591, §8(a), Dec. 24, 1980, 94 Stat. 3435
Section 341, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; Mar. 3, 1897, ch. 389, §12, 29 Stat. 690;
May 21, 1948, ch. 328, §4, 62 Stat. 253, related to rate of speed in fog or bad weather conditions.
Section 341a, R.S. §4233; May 21, 1948, ch. 328, §4, 62 Stat. 254, related to ascertainment of risk of
collision.
Section 342, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 26 Stat. 672; Mar. 3, 1897, ch. 389, §12, 29 Stat. 690;
May 21, 1948, ch. 328, §4, 62 Stat. 253, related to situation in which sailing vessels were approaching one
another.
Section 343, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 254,
related to steam vessels meeting end on.
Section 344, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 254,
related to signals to be given in the situation where steam vessels are crossing.
Section 345, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 255;
Nov. 5, 1966, Pub. L. 89–764, §5, 80 Stat. 1313, related to steam vessels and sailing vessels meeting.
Section 346, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 255,
related to duty of steam vessels to slacken speed.
Section 347, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 255,
related to duty of an overtaking vessel to keep out of the way.
Section 348, R.S. §4233; Feb. 19, 1895, ch. 102, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 255, set
out rule that a vessel having the right of way was to keep course.
Section 348a, R.S. §4233, Rule 23(A), as added Pub. L. 89–764, §6, Nov. 5, 1966, 80 Stat. 1313, related to
rule that a steam vessel could not hamper safe passage of a large vessel or vessel in tow.
Section 349, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; May 21, 1948, ch. 328, §4, 62 Stat. 255,
related to danger signals, responding signals, and additional signals.
Section 350, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; Mar. 3, 1897, ch. 389, §13, 29 Stat 690;
May 21 1948, ch. 328, §4, 62 Stat. 256, related to departures from the rules to avoid collision.
Section 351, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; Mar. 3, 1897, ch. 389, §13, 29 Stat. 690;
May 21, 1948, ch. 328, §4, 62 Stat. 256, related to usual additional precautions required.
SUBCHAPTER V—ORDERS
§352. Repealed. Pub. L. 96–591, §8(a), Dec. 24, 1980, 94 Stat. 3435
Section, R.S. §4233; Feb. 19, 1895, ch. 102, §1, 28 Stat. 672; Aug. 21, 1935, ch. 595, §4, 49 Stat. 669; May
21, 1948, ch. 328, §4, 62 Stat. 256, related to orders given to helmsmen.
§§353 to 356. Repealed. Pub. L. 96–591, §8(a), Dec. 24, 1980, 94 Stat. 3435
Section 353, R.S. §4233A, as added May 21, 1948, ch. 328, §4, 62 Stat. 256; amended Aug. 14, 1958, Pub.
L. 85–656, §2, 72 Stat. 612, related to establishment of special rules.
Section 354, R.S. §4233B, as added May 21, 1948, ch. 328, §4, 62 Stat. 256, related to penalties for
violations by pilots, engineers, mates, or masters. See section 2072 of this title.
Section 355, R.S. §4233C, as added May 21, 1948, ch. 328, §4, 62 Stat. 257, related to penalties for
violation of the rules by a vessel. See section 2072 of this title.
Section 356, acts May 21, 1948, ch. 328, §5, 62 Stat. 257; Oct. 15, 1966, Pub. L. 89–670, §6(b)(1), 80 Stat.
938, related to exempted status of Navy and Coast Guard vessels from complying with International Rules of
the Road.
§§360, 360a. Repealed. Pub. L. 96–591, §8(a), Dec. 24, 1980, 94 Stat. 3435
Section 360, acts Dec. 3, 1945, ch. 511, §1, 59 Stat. 590; Oct. 15, 1966, Pub. L. 89–670, §6(b)(1), 80 Stat.
938, provided that vessels of special construction be exempted from requirements with regard to number and
position of lights.
Section 360a, acts Dec. 3, 1945, ch. 511, §2, 59 Stat. 591; Oct. 15, 1966, Pub. L. 89–670, §6(b)(1), 80 Stat.
938, related to publication of notice when the Secretary of the department in which the Coast Guard was
operating made findings or certifications described in section 360 of this title.
§§361 to 368. Repealed. Pub. L. 98–89, §4(b), Aug. 26, 1983, 97 Stat. 599
Section 361, act June 20, 1874, ch. 344, §10, 18 Stat. 128; 1946 Reorg. Plan. No. 3, §§101–104, eff. July
16, 1946, 11 F.R. 7875, 60 Stat. 1097, required filing of reports to Coast Guard on accidents involving United
States vessels and provided penalty for failure to comply. See sections 6101, 6103 of Title 46, Shipping.
Section 362, act June 20, 1874, ch. 344, §11, 18 Stat. 128; 1946 Reorg. Plan No. 3, §§101–104, eff. July 16,
1946, 11 F.R. 7875, 60 Stat. 1097, required reporting of probable loss of vessels and provided penalty for
failure to comply. See sections 6101, 6103 of Title 46.
Section 363, acts June 20, 1874, ch. 344, §12, 18 Stat. 128; Feb. 14, 1903, ch. 552, §10, 32 Stat. 829; Mar.
4, 1913, ch. 141, §1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§101–104, eff. July 16, 1946, 11 F.R. 7875, 60
Stat. 1097, related to transmission of reports by Coast Guard officials to Commandant of Coast Guard.
Section 364, acts June 20, 1874, ch. 344, §13, 18 Stat. 128; Mar. 3, 1897, ch. 389, §11, 29 Stat. 689; Feb.
14, 1903, ch. 552, §10, 32 Stat. 829; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736; 1946 Reorg. Plan No. 3,
§§101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to remission and recovery of penalties. See
section 2107 of Title 46.
Section 365, act Mar. 4, 1915, ch. 153, §15, 38 Stat. 1184; 1946 Reorg. Plan No. 3, §§101–104, eff. July 16,
1946, 11 F.R. 7875, 60 Stat. 1097, related to reports by owners of barges in tow. See section 6101 of Title 46.
Section 366, act Mar. 4, 1915, ch. 153, §15, 38 Stat. 1184; 1946 Reorg. Plan No. 3, §§101–104, eff. July 16,
1946, 11 F.R. 7875, 60 Stat. 1097, required Commandant of Coast Guard to transmit annually to Congress a
summary of reports transmitted to him by Coast Guard officials as required under sections 361 to 365 of this
title. See section 6307 of Title 46.
Section 367, act Sept. 4, 1890, ch. 875, §1, 26 Stat. 425, related to duty of master of a vessel in collision to
give aid, and to give name of his vessel together with other information about his vessel. See sections 2303,
2304 of Title 46.
Section 368, act Sept. 4, 1890, ch. 875, §2, 26 Stat. 425, set out penalties for failure to give aid as required
by section 367 of this title. See sections 2303, 2304 of Title 46.
Act Sept. 4, 1890, ch. 875, §3, 26 Stat. 425, which provided that sections 367 and 368 of this title were to
take effect at a time to be fixed by President by proclamation (effective Dec. 15, 1890, by Presidential
Proclamation of Nov. 18, 1890, 26 Stat. 1561), was repealed by Pub. L. 98–89, §4(b), 97 Stat. 599.
EDITORIAL NOTES
CODIFICATION
R.S. §4293 derived from acts Mar. 3, 1819, ch. 77, §1, 3 Stat. 510; Jan. 30, 1823, ch. 7, 3 Stat. 721.
EDITORIAL NOTES
CODIFICATION
R.S. §4294 derived from acts Mar. 3, 1819, ch. 77, §2, 3 Stat. 512; Jan. 30, 1823, ch. 7, 3 Stat. 721.
EDITORIAL NOTES
CODIFICATION
R.S. §4295 derived from acts Mar. 3, 1819, ch. 77, §3, 3 Stat. 513; Jan. 30, 1823, ch. 7, 3 Stat. 721.
EDITORIAL NOTES
CODIFICATION
R.S. §4296 derived from acts Mar. 3, 1819, ch. 77, §4, 3 Stat. 513; Jan. 30, 1823, ch. 7, 3 Stat. 721; Aug. 5,
1861, ch. 48, §1, 12 Stat. 314.
EDITORIAL NOTES
REFERENCES IN TEXT
Surveyor, referred to in text, is probably an obsolete office in view of act July 5, 1932, ch. 430, title I, §1,
47 Stat. 584, which abolished the offices of surveyors of customs, except at the Port of New York. Ports of
delivery, except those which were made ports of entry, were abolished and the use of the term "port of
delivery" was discontinued under the President's plan of reorganization of the customs service communicated
to Congress by message dated Mar. 3, 1913.
CODIFICATION
R.S. §4297 derived from act Aug. 5, 1861, ch. 48, §1, 12 Stat. 314.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of
merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be
made by President with advice and consent of Senate ordered abolished with such offices to be terminated not
later than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317,
set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices
eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950,
15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.
EDITORIAL NOTES
CODIFICATION
R.S. §4298 derived from act Aug. 5, 1861, ch. 48, §2, 12 Stat. 315.
EDITORIAL NOTES
REFERENCES IN TEXT
Surveyors of the several ports of delivery, referred to in text, are probably obsolete offices in view of act
July 5, 1932, ch. 430, title I, §1, 47 Stat. 584, which abolished the offices of surveyors of customs, except at
the Port of New York. Ports of delivery, except those which were made ports of entry, were abolished and the
use of the term "port of delivery" was discontinued under the President's plan of reorganization of the customs
service communicated to Congress by message dated Mar. 3, 1913.
CODIFICATION
R.S. §4299 derived from act Aug. 5, 1861, ch. 48, §3, 12 Stat. 315.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of
merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be
made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not
later than December 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317,
set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices
eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950,
15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.
EDITORIAL NOTES
CODIFICATION
R.S. §4300 derived from act June 11, 1864, ch. 121, §2, 13 Stat. 124.
EDITORIAL NOTES
CODIFICATION
R.S. §4301 derived from act June 11, 1864, ch. 121, §§3, 4, 13 Stat. 125.
EDITORIAL NOTES
CODIFICATION
R.S. §4302 derived from act June 11, 1864, ch. 121, §6, 13 Stat. 125.
EDITORIAL NOTES
CODIFICATION
R.S. §4303 derived from act June 11, 1864, ch. 121, §7, 13 Stat. 125.
EDITORIAL NOTES
CODIFICATION
R.S. §4304 derived from act June 11, 1864, ch. 121, §5, 13 Stat. 125.
EDITORIAL NOTES
REFERENCES IN TEXT
Title 48 of the Revised Statutes, referred to in text, was in the original "this Title", meaning title 48 of the
Revised Statutes, consisting of R.S. §§4131 to 4305. For complete classification of R.S. §§4131 to 4305 to the
Code, see Tables.
CODIFICATION
R.S. §4305 derived from act Dec. 31, 1792, ch. 1, §29, 1 Stat. 298.
EDITORIAL NOTES
REFERENCES IN TEXT
Section 103 of the River and Harbor Act of 1962, referred to in par. (1)(H), is section 103 of Pub. L.
87–874, title I, Oct. 23, 1962, 76 Stat. 1178. Section 103(a)(1)–(3) of Pub. L. 87–874 amended section 426e of
this title. Section 103(a)(4) of Pub. L. 87–874 amended sections 426f and 426g of this title. Section 103(b) of
Pub. L. 87–874 is set out as a note under section 426 of this title. Section 103(c) of Pub. L. 87–874 is not
classified to the Code.
EDITORIAL NOTES
CODIFICATION
Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899",
and together with section 403 of this title effectively superseded act Sept. 19, 1890, ch. 907, §7, 26 Stat. 454,
as amended generally by act July 13, 1892, ch. 158, §3, 27 Stat. 88, which prohibited the erection of
obstructions to navigation, and prohibited the erection of bridges over navigable waters under State legislation
before the approval of the plans by the Secretary of War, and prohibited the alteration of channels unless
authorized by that Secretary.
AMENDMENTS
2016—Pub. L. 114–120 substituted "Secretary of the department in which the Coast Guard is operating" for
"Secretary of Transportation" wherever appearing.
1983—Pub. L. 97–449 amended section generally to reflect transfer of certain functions, powers, and duties
of Secretary of the Army under this section to Secretary of Transportation. See Transfer of Functions note
below.
1982—Pub. L. 97–322 inserted sentence at end relating to exemption.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official in Department of Transportation related to compliance
with permits for bridges across navigable waters issued under this section with respect to pre-construction,
construction, and initial operation of transportation system for Canadian and Alaskan natural gas were
transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation
System, until the first anniversary of date of initial operation of the Alaska Natural Gas Transportation
System, see Reorg. Plan No. 1 of 1979, §§102(c), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective
July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal
Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in
Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of
Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority
vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas
Transportation Projects by section 720d(f) of Title 15.
EDITORIAL NOTES
CODIFICATION
Section is from part of act June 13, 1902, popularly known as the "Rivers and Harbors Appropriation Act of
1902".
EDITORIAL NOTES
CODIFICATION
Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899",
and together with section 401 of this title effectively superseded act Sept. 19, 1890, ch. 907, §7, 26 Stat. 454,
as amended generally by act July 13, 1892, ch. 158, §3, 27 Stat. 88, which prohibited the erection of
obstructions to navigation, and prohibited the erection of bridges over navigable waters under State legislation
before the approval of the plans by the Secretary of War, and prohibited the alteration of channels unless
authorized by that Secretary.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary of the Army, Chief of Engineers, or other official in Corps of Engineers
of the United States Army related to compliance with permits for structures in navigable waters issued under
this section with respect to pre-construction, construction, and initial operation of transportation system for
Canadian and Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for
the Alaska Natural Gas Transportation System, until the first anniversary of date of initial operation of the
Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§102(b), 203(a), 44 F.R. 33663,
33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government
Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System
abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section
3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of
Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently
transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title
15.
EDITORIAL NOTES
REFERENCES IN TEXT
This act, referred to in text, is act Sept. 19, 1890, ch. 907, 26 Stat. 426. Sections 6 to 9 of the Act are not
classified to the Code. For complete classification of this act to the Code, see Tables.
CODIFICATION
Text of section, which was previously omitted from the Code, was restored in view of conflicting court
decisions as to whether or not section had been repealed or superseded. See eg. United States v. Wishkah
Boom Co., 136 F. 42 (9th Cir. 1905), (appeal dismissed [1906] 202 U.S. 613); United States v. Wilson, 235
F.2d 251 (2d Cir. 1956).
EDITORIAL NOTES
CODIFICATION
Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899".
PRIOR PROVISIONS
This section and section 406 of this title, superseded act Aug. 11, 1888, ch. 860, §12, 25 Stat. 425, as
amended by act Sept. 19, 1890, ch. 907, §12, 26 Stat. 455, which authorized the establishment of harbor lines,
and prescribed a penalty for a violation of the section or any rule made in pursuance of it.
Section also superseded act Aug. 18, 1894, ch. 299, §9, 28 Stat. 364, which contained provisions for
compensation for tide water displaced similar to the proviso in this section.
Act Aug. 5, 1886, ch. 929, §2, 24 Stat. 329, which was probably omitted from the Code as superseded by
this section, provided that: "In places where harbor-lines have not been established, and where deposits of
débris of mines or stamp works can be made without injury to navigation, within lines to be established by the
Secretary of War, said officer may, and is hereby authorized to, cause such lines to be established; and within
such lines such deposits may be made, under regulations to be from time to time prescribed by him."
EDITORIAL NOTES
CODIFICATION
Section is from part of section 1 of act July 25, 1912, popularly known as the "Rivers and Harbors
Appropriation Act of 1912".
EDITORIAL NOTES
CODIFICATION
Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899".
AMENDMENTS
1911—Act Mar. 3, 1911, transferred to the District Courts the enforcement powers formerly lodged in the
Circuit Courts.
1900—Act Feb. 20, 1900, substituted "section eleven" for "section fourteen" where first appearing, which
for codification purposes, was translated as "section 404 of this title".
EDITORIAL NOTES
CODIFICATION
Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899".
PRIOR PROVISIONS
This section and sections 408, 411, and 412 of this title, superseded act Aug. 18, 1894, ch. 299, §§6, 7, 8, 28
Stat. 363, which prohibited the depositing of refuse in navigable waters for the improvement of which money
had been appropriated, and the injury to sea walls and other works built by the Government, and prescribed
penalties for violations, including penalties against masters, etc., and vessels.
Section also superseded act Sept. 19, 1890, ch. 907, §6, 26 Stat. 453, which prohibited obstructing
navigation by deposits of refuse, etc., in navigable waters.
EXECUTIVE DOCUMENTS
EXECUTIVE ORDER NO. 11574
Ex. Ord. No. 11574, Dec. 23, 1970, 35 F.R. 19627, which provided for administration of a permit program
to regulate discharge of pollutants and other refuse matter into navigable waters or their tributaries and
placement of such matter on their banks, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
§408. Taking possession of, use of, or injury to harbor or river improvements
(a) Prohibitions and permissions
It shall not be lawful for any person or persons to take possession of or make use of for any
purpose, or build upon, alter, deface, destroy, move, injure, obstruct by fastening vessels thereto or
otherwise, or in any manner whatever impair the usefulness of any sea wall, bulkhead, jetty, dike,
levee, wharf, pier, or other work built by the United States, or any piece of plant, floating or
otherwise, used in the construction of such work under the control of the United States, in whole or
in part, for the preservation and improvement of any of its navigable waters or to prevent floods, or
as boundary marks, tide gauges, surveying stations, buoys, or other established marks, nor remove
for ballast or other purposes any stone or other material composing such works: Provided, That the
Secretary of the Army may, on the recommendation of the Chief of Engineers, grant permission for
the temporary occupation or use of any of the aforementioned public works when in his judgment
such occupation or use will not be injurious to the public interest: Provided further, That the
Secretary may, on the recommendation of the Chief of Engineers, grant permission for the alteration
or permanent occupation or use of any of the aforementioned public works when in the judgment of
the Secretary such occupation or use will not be injurious to the public interest and will not impair
the usefulness of such work.
(b) Concurrent review
(1) NEPA review
(A) In general
In any case in which an activity subject to this section requires a review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), review and approval of the activity
under this section shall, to the maximum extent practicable, occur concurrently with any review
and decisions made under that Act.
(B) Corps of Engineers as a cooperating agency
If the Corps of Engineers is not the lead Federal agency for an environmental review
described in subparagraph (A), the Corps of Engineers shall, to the maximum extent practicable
and consistent with Federal laws—
(i) participate in the review as a cooperating agency (unless the Corps of Engineers does
not intend to submit comments on the project); and
(ii) adopt and use any environmental document prepared under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) by the lead agency to the same extent that a
Federal agency could adopt or use a document prepared by another Federal agency under—
(I) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(II) parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor
regulations).
(2) Reviews by Secretary
In any case in which the Secretary must approve an action under this section and under another
authority, including sections 401 and 403 of this title, section 1344 of this title, and section 1413
of this title, the Secretary shall—
(A) coordinate applicable reviews and, to the maximum extent practicable, carry out the
reviews concurrently; and
(B) adopt and use any document prepared by the Corps of Engineers for the purpose of
complying with the same law and that addresses the same types of impacts in the same
geographic area if such document, as determined by the Secretary, is current and applicable.
(3) Contributed funds
The Secretary may accept and expend funds received from non-Federal public or private entities
to evaluate under this section an alteration or permanent occupation or use of a work built by the
United States.
(c) Timely review
(1) Complete application
On or before the date that is 30 days after the date on which the Secretary receives an
application for permission to take action affecting public projects pursuant to subsection (a), the
Secretary shall inform the applicant whether the application is complete and, if it is not, what
items are needed for the application to be complete.
(2) Decision
On or before the date that is 90 days after the date on which the Secretary receives a complete
application for permission under subsection (a), the Secretary shall—
(A) make a decision on the application; or
(B) provide a schedule to the applicant identifying when the Secretary will make a decision
on the application.
(3) Notification to Congress
In any case in which a schedule provided under paragraph (2)(B) extends beyond 120 days from
the date of receipt of a complete application, the Secretary shall provide to the Committee on
Environment and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives an explanation justifying the extended timeframe
for review.
(d) Work Defined
For the purposes of this section, the term "work" shall not include unimproved real estate owned
or operated by the Secretary as part of a water resources development project if the Secretary
determines that modification of such real estate would not affect the function and usefulness of the
project.
(Mar. 3, 1899, ch. 425, §14, 30 Stat. 1152; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501; Pub.
L. 99–88, title I, §100, Aug. 15, 1985, 99 Stat. 315; Pub. L. 114–322, title I, §1156(a), Dec. 16, 2016,
130 Stat. 1664; Pub. L. 115–270, title I, §1165, Oct. 23, 2018, 132 Stat. 3797.)
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (b)(1), is Pub. L. 91–190, Jan. 1,
1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section
4321 of Title 42 and Tables.
CODIFICATION
Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899".
PRIOR PROVISIONS
Section superseded act Sept. 19, 1890, ch. 907, §9, 26 Stat. 426, which prohibited persons taking possession
of or using or injuring government works in navigable waters.
Act Aug. 14, 1876, ch. 267, §3, 19 Stat. 139, penalizing persons injuring any pier breakwater, or other work
of the United States for the improvement of rivers or harbors or navigation, was probably omitted from the
Code as superseded by this section.
AMENDMENTS
2018—Subsec. (d). Pub. L. 115–270 added subsec. (d).
2016—Pub. L. 114–322 designated existing provisions as subsec. (a), inserted heading, and added subsecs.
(b) and (c).
1985—Pub. L. 99–88 inserted further proviso empowering Secretary, on recommendation of Chief of
Engineers, to grant permission for alteration or permanent occupation or use of any of public works mentioned
in this section when in judgment of Secretary such occupation or use will not be injurious to public interest
and will not impair usefulness of such work.
EDITORIAL NOTES
AMENDMENTS
2016—Subsecs. (f), (g). Pub. L. 114–322 added subsecs. (f) and (g).
EDITORIAL NOTES
CODIFICATION
Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899".
AMENDMENTS
2004—Pub. L. 108–293 substituted "day and, unless otherwise granted a waiver by the Commandant of the
Coast Guard, a light" for "day and a lighted lantern" in second sentence and inserted at end "The Commandant
of the Coast Guard may waive the requirement to mark a wrecked vessel, raft, or other craft with a light at
night if the Commandant determines that placing a light would be impractical and granting such a waiver
would not create an undue hazard to navigation."
1986—Pub. L. 99–662 substituted "or to sink" for "or to voluntarily or carelessly sink", struck out
"accidentally or otherwise," after "navigable channel,", and inserted ", lessee, or operator" after "owner" in
three places.
EDITORIAL NOTES
CODIFICATION
Section is from part of section 16 of act Mar. 3, 1899, popularly known as the "Rivers and Harbors
Appropriation Act of 1899". The balance of such section, relating to liability of masters, pilots, and so forth
and of vessels engaged in violations, is classified to section 412 of this title.
AMENDMENTS
1996—Pub. L. 104–303 substituted "407, 408, 409, 414, and 415" for "407, 408, and 409" and "of up to
$25,000 per day" for "not exceeding twenty-five hundred dollars nor less than five hundred dollars".
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in text, is act Mar. 3, 1899, ch. 425, 30 Stat. 1148, as amended, popularly known as the
Rivers and Harbors Appropriation Act of 1899, which enacted sections 401, 403, 404, 406, 407, 408, 409, 411
to 416, 418, 502, 549, and 687 of this title, and amended section 686 of this title. For complete classification
of this Act to the Code, see Tables.
CODIFICATION
Section is from part of section 16 of act Mar. 3, 1899, popularly known as the "Rivers and Harbors
Appropriation Act of 1899". The balance of such section, relating to penalties for the wrongful deposit of
refuse, is classified to section 411 of this title.
AMENDMENTS
1996—Pub. L. 104–303 substituted "407, 408, 409, 414, and 415 of this title" for "407, 408, and 409 of this
title".
§413. Duty of United States attorneys and other Federal officers in enforcement
of provisions; arrest of offenders
The Department of Justice shall conduct the legal proceedings necessary to enforce the provisions
of sections 401, 403, 404, 406, 407, 408, 409, 411, and 412 of this title; and it shall be the duty of
United States attorneys to vigorously prosecute all offenders against the same whenever requested to
do so by the Secretary of the Army or by any of the officials hereinafter designated, and it shall
furthermore be the duty of said United States attorneys to report to the Attorney General of the
United States the action taken by him against offenders so reported, and a transcript of such reports
shall be transmitted to the Secretary of the Army by the Attorney General; and for the better
enforcement of the said provisions and to facilitate the detection and bringing to punishment of such
offenders, the officers and agents of the United States in charge of river and harbor improvements,
and the assistant engineers and inspectors employed under them by authority of the Secretary of the
Army, and the United States collectors of customs and other revenue officers shall have power and
authority to swear out process, and to arrest and take into custody, with or without process, any
person or persons who may commit any of the acts or offenses prohibited by the said sections, or
who may violate any of the provisions of the same: Provided, That no person shall be arrested
without process for any offense not committed in the presence of some one of the aforesaid officials:
And provided further, That whenever any arrest is made under such sections, the person so arrested
shall be brought forthwith before a magistrate judge, judge, or court of the United States for
examination of the offenses alleged against him; and such magistrate judge, judge, or court shall
proceed in respect thereto as authorized by law in case of crimes against the United States.
(Mar. 3, 1899, ch. 425, §17, 30 Stat. 1153; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501; June
25, 1948, ch. 646, §1, 62 Stat. 909; Pub. L. 90–578, title IV, §402(b)(2), Oct. 17, 1968, 82 Stat.
1118; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)
EDITORIAL NOTES
CODIFICATION
Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899".
PRIOR PROVISIONS
Act Sept. 19, 1890, ch. 907, §11, 26 Stat. 455, was probably omitted from the Code as superseded by this
section, or as rendered obsolete by act March 3, 1899, different sections of which superseded provisions of the
act of 1890, the enforcement of which was provided for by section 11. It read as follows: "It shall be the duty
of officers and agents having the supervision, on the part of the United States, of the works in progress for the
preservation and improvement of said navigable waters, and, in their absence, of the United States collectors
of customs and other revenue officers to enforce the provisions of this act by giving information to the district
attorney of the United States for the district in which any violation of any provision of this act shall have been
committed: Provided, That the provisions of this act shall not apply to Torch Lake, Houghton County,
Michigan."
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of
merchandise in Bureau of Customs of Department of the Treasury to which appointments required to be made
by President with advice and consent of Senate were ordered abolished with such offices to be terminated not
later than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out
in the Appendix to Title 5, Government Organization and Employees. All functions of the offices eliminated
were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R.
4935, 64 Stat. 1280, set out in the Appendix to Title 5.
EDITORIAL NOTES
CODIFICATION
Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899".
PRIOR PROVISIONS
Section superseded act June 14, 1880, ch. 211, §4, 21 Stat. 197, and act Aug. 2, 1882, ch. 375, 22 Stat. 208,
which required the Secretary of War to give notice to the persons interested in wrecks obstructing navigation
of the purpose of the Secretary to remove the same unless such parties should do so, and authorized the
Secretary to remove the same on the failure of the parties interested to do so, and to sell the same to the
highest bidder, and also authorized the Secretary to dispose of any sunken vessel or cargo before removal.
Section also superseded act Sept. 19, 1890, ch. 907, §8, 26 Stat. 454, which authorized the Secretary of War
to remove wrecks remaining for more than two months.
AMENDMENTS
1986—Pub. L. 99–662 designated existing provision as subsec. (a) and added subsec. (b).
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS PERTAINING TO AIR FORCE
For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not
previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the
Army and Department of the Army, see Secretary of Defense Transfer Order No. 40 [App. A(57)], July 22,
1949.
EDITORIAL NOTES
CODIFICATION
Section is from part of section 20 of act Mar. 3, 1899, popularly known as the "Rivers and Harbors
Appropriation Act of 1899". Another part of that section, appropriating money necessary to execute its
provisions, is classified to section 416 of this title.
Section 20 of act Mar. 3, 1899, also contained a repealing clause with a proviso saving pending actions and
rights of actions. It was amended by act Feb. 20, 1900, ch. 23, §3, 31 Stat. 32, and again amended by act June
13, 1902, ch. 1079, §12, 32 Stat. 375, by adding another proviso which is classified to section 418 of this title.
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–303, §218(b)(1), substituted "actual expense, including administrative
expenses, of removing" for "expense of removing".
Subsec. (b). Pub. L. 104–303, §218(b)(4), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 104–303, §218(b)(2), (3), redesignated subsec. (b) as (c) and substituted "actual cost,
including administrative costs, of removal" for "cost of removal".
1986—Pub. L. 99–662 designated existing provision as subsec. (a) and added subsec. (b).
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
Department of War designated Department of the Army and title of Secretary of War changed to Secretary
of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26,
1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10,
1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army
under administrative supervision of Secretary of the Army.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and
functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for
treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and
the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a
note under section 542 of Title 6.
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the
Army under section 401 of this title to extent that they relate generally to location and clearances of bridges
and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by
Pub. L. 89–670, §6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L.
97–449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89–670, and
repealed section 6(g)(6)(A).
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS PERTAINING TO AIR FORCE
For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not
previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the
Army and Department of the Army, see Secretary of Defense Transfer Order No. 40 [App. A(57)], July 22,
1949.
EDITORIAL NOTES
CODIFICATION
Section is from part of section 20(a) of act Mar. 3, 1899, popularly known as the "Rivers and Harbors
Appropriation Act of 1899". See Codification and Amendment notes set out under section 415 of this title.
EDITORIAL NOTES
REFERENCES IN TEXT
Subchapter III (§441 et seq.) of this chapter, referred to in text, was in the original a reference to the Act of
June 29, 1888, as amended by section 3 of the river and harbor Act of August 18, 1894.
CODIFICATION
Section is from part of section 20(a) of act Mar. 3, 1899, popularly known as the "Rivers and Harbors
Appropriation Act of 1899". See Codification and Amendment notes set out under section 415 of this title.
§419. Regulation by Secretary governing transportation and dumping of
dredgings, refuse, etc., into navigable waters; oyster lands; appropriations
The Secretary of the Army is authorized and empowered to prescribe regulations to govern the
transportation and dumping into any navigable water, or waters adjacent thereto, of dredgings, earth,
garbage, and other refuse materials of every kind or description, whenever in his judgment such
regulations are required in the interest of navigation. Such regulations shall be posted in conspicuous
and appropriate places for the information of the public; and every person or corporation which shall
violate the said regulations, or any of them, shall be deemed guilty of a misdemeanor and shall be
subject to the penalties prescribed in sections 411 and 412 of this title, for violation of the provisions
of section 407 of this title: Provided, That any regulations made in pursuance hereof may be
enforced as provided in section 413 of this title, the provisions whereof are made applicable to the
said regulations: Provided further, That this section shall not apply to any waters within the
jurisdictional boundaries of any State which are now or may hereafter be used for the cultivation of
oysters under the laws of such State, except navigable channels which have been or may hereafter be
improved by the United States, or to be designated as navigable channels by competent authority,
and in making such improvements of channels, the material dredged shall not be deposited upon any
ground in use in accordance with the laws of such State for the cultivation of oysters, except in
compliance with said laws: And provided further, That any expense necessary in executing this
section may be paid from funds available for the improvement of the harbor or waterway, for which
regulations may be prescribed, and in case no such funds are available the said expense may be paid
from appropriations made by Congress for examinations, surveys, and contingencies of rivers and
harbors.
(Mar. 3, 1905, ch. 1482, §4, 33 Stat. 1147; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)
EDITORIAL NOTES
CODIFICATION
R.S. §5254 derived from act Mar. 3, 1873, ch. 278, 17 Stat. 606.
AMENDMENTS
1882—Act May 1, 1882, inserted reference to Saint Croix River in the States of Wisconsin and Minnesota.
EDITORIAL NOTES
CODIFICATION
Section is from act June 23, 1910, popularly known as the "Rivers and Harbors Act of 1910".
EDITORIAL NOTES
CODIFICATION
Section is from act Aug. 26, 1912, popularly known as the "Deficiency Appropriation Act for 1912".
EDITORIAL NOTES
CODIFICATION
Section is from act July 27, 1916, popularly known as the "Rivers and Harbors Appropriation Act of 1916".
§425. Omitted
EDITORIAL NOTES
CODIFICATION
Section, act June 7, 1924, ch. 316, §9, 43 Stat. 606, directed Secretary of War to investigate depositing of
polluting substances into navigable streams and report the results to Congress not later than two years from
June 7, 1924.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of section 1 of Pub. L. 88–172. The remainder of said section 1, abolishing the
Beach Erosion Board, is classified as a note under section 426 of this title.
EDITORIAL NOTES
CODIFICATION
Coastal Engineering Research Center has been substituted for Beach Erosion Board pursuant to Pub. L.
88–172, §1, providing in part for the abolition of the Beach Erosion Board, which is set out as a note under
section 426 of this title. For transfer of investigatory functions of the Beach Erosion Board to the Coastal
Engineering Research Center, see section 426–1 of this title.
EDITORIAL NOTES
CODIFICATION
Coastal Engineering Research Center has been substituted for Beach Erosion Board pursuant to Pub. L.
88–172, §1, providing in part for the abolition of the Beach Erosion Board, which is set out as a note under
section 426 of this title. For transfer of investigatory functions of the Beach Erosion Board to the Coastal
Engineering Research Center see section 426–1 of this title.
EDITORIAL NOTES
REFERENCES IN TEXT
Section 426h of this title, referred to in subsec. (e)(1), was repealed by Pub. L. 110–114, title II, §2038(b),
Nov. 8, 2007, 121 Stat. 1100.
CODIFICATION
Coastal Engineering Research Center, referred to in subsec. (e), has been substituted for Beach Erosion
Board pursuant to Pub. L. 88–172, §1, providing in part for the abolition of the Beach Erosion Board and for
transfer of functions of the Beach Erosion Board to the Coastal Engineering Research Center. See section
426–1 of this title.
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–303, §227(a), inserted "and beaches" after "damage to the shores" and
substituted "sections 426e to 426h–1 of this title, to promote shore protection projects and related research that
encourage the protection, restoration, and enhancement of sandy beaches, including beach restoration and
periodic beach nourishment, on a comprehensive and coordinated basis by the Federal Government, States,
localities, and private enterprises. In carrying out this policy, preference shall be given to areas in which there
has been a Federal investment of funds and areas with respect to which the need for prevention or mitigation
of damage to shores and beaches is attributable to Federal navigation projects or other Federal activities." for
"the following provisions of sections 426e to 426h of this title to assist in the construction, but not the
maintenance, of works for the restoration and protection against erosion, by waves and currents, of the shores
of the United States, its Territories and possessions."
Subsec. (b)(3). Pub. L. 104–303, §227(e)(2), substituted "Secretary" for "Secretary of the Army, acting
through the Chief of Engineers," and struck out second period at end.
Subsec. (e). Pub. L. 104–303, §227(b), (e)(2)(B), inserted subsec. heading, designated existing provisions as
par. (1) and inserted heading, realigned margin, inserted "or 426h" after "under section 426g", and added pars.
(2) and (3).
1970—Subsec. (b). Pub. L. 91–611 provided for designation of existing provisions as cls. (1) and (2) by
insertion of "(1)" after "except that" and substitution of "(2)" for "and, further, that" and added cl. (3).
1962—Subsec. (b). Pub. L. 87–874, §103(a)(1), (2), increased maximum limit on amount of Federal
contributions from one-third to one-half of project cost, provided that costs for restoration and protection of
Federal property shall be borne fully by the Federal Government, and that costs for restoration and protection
of State, county and other publicly owned shore parks and conservation areas may be borne by Federal
Government up to not more than 70 per centum, exclusive of land costs, when such areas include a zone
which excludes permanent human habitation, include recreational beaches, satisfy criteria for conservation
and development of natural resources, extend landward enough to include natural features to protect uplands,
and provide essentially full park facilities for public use, all of which meet with approval of Chief of
Engineers.
Subsec. (e). Pub. L. 87–874, §103(a)(3), required approval of plans by Chief of Engineers in case of a small
project under section 426g of this title.
1956—Act July 28, 1956, extended assistance to privately owned shores, to include shores of Territories
and possessions, substituted "restoration" for "improvement", defined "construction", and struck out
provisions which authorized Federal aid toward the repair and protection of seawalls constructed by political
subdivisions to protect important public highways.
EDITORIAL NOTES
REFERENCES IN TEXT
The Act of July 3, 1930, referred to in subsec. (a), is act July 3, 1930, ch. 847, 46 Stat. 918. For complete
classification of this Act to the Code, see Tables.
EDITORIAL NOTES
AMENDMENTS
2016—Subsec. (a). Pub. L. 114–322, §1154(1), inserted ", at full Federal expense," after "The Secretary
may" in introductory provisions.
Subsec. (b). Pub. L. 114–322, §1154(2), substituted "reimbursed" for "funded".
§426f. Reimbursements
(a) In general
The Secretary is authorized to reimburse non-Federal interests for work done by them, after
initiation of the survey studies which form the basis for the project or separable element of the
project, on authorized projects or separable elements which individually do not exceed $1,000,000 in
total cost: Provided, That the work which may have been done on the projects or separable elements
is approved by the Chief of Engineers as being in accordance with the authorized projects or
separable elements: Provided further, That such reimbursement shall be subject to appropriations
applicable thereto or funds available therefor and shall not take precedence over other pending
projects or separable elements of higher priority for improvements.
(b) Agreements
(1) Requirement
After authorization of reimbursement by the Secretary under this section, and before
commencement of construction, of a shore protection project, the Secretary shall enter into a
written agreement with the non-Federal interest with respect to the project or separable element.
(2) Terms
The agreement shall—
(A) specify the life of the project; and
(B) ensure that the Federal Government and the non-Federal interest will cooperate in
carrying out the project or separable element.
(Aug. 13, 1946, ch. 960, §2, 60 Stat. 1056; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501; July
28, 1956, ch. 768, 70 Stat. 703; Pub. L. 87–874, title I, §103(a)(4), Oct. 23, 1962, 76 Stat. 1178; Pub.
L. 104–303, title II, §227(c)(1), Oct. 12, 1996, 110 Stat. 3699.)
EDITORIAL NOTES
AMENDMENTS
1996—Pub. L. 104–303 inserted section catchline, designated existing provisions as subsec. (a), inserted
heading, substituted "Secretary" for "Secretary of the Army" and "non-Federal interests" for "local interests",
inserted "or separable element of the project" after "project", inserted "or separable elements" after "projects"
wherever appearing, and added subsec. (b).
1962—Pub. L. 87–874 substituted provisions which authorize the Secretary of the Army to reimburse local
interests for work done on authorized projects which individually do not exceed $1,000,000 in cost, and
provide that such reimbursement shall be subject to applicable appropriations or available funds and not take
priority over pending projects of higher priority, for provisions which authorized the Chief of Engineers to
cause to be paid to the political subdivision involved the amount authorized by Congress.
1956—Act July 28, 1956, substituted "or other political subdivision involved" for "or political subdivision".
EDITORIAL NOTES
REFERENCES IN TEXT
The Shoreline Erosion Control Demonstration Act of 1974, referred to in subsec. (b)(2)(C)(viii), is Pub. L.
93–251, title I, §54, Mar. 7, 1974, 88 Stat. 26, formerly set out as a note under section 1962d–5 of Title 42,
The Public Health and Welfare.
AMENDMENTS
2018—Subsec. (c)(1). Pub. L. 115–270 substituted "$37,500,000" for "$30,000,000".
2016—Subsec. (c)(2)(B). Pub. L. 114–322 substituted "$10,000,000" for "$5,000,000".
2007—Pub. L. 110–114 amended section generally. Prior to amendment, section related to authorization of
small shore and beach restoration and protection projects not specifically authorized by Congress.
1999—Pub. L. 106–53 substituted "$3,000,000" for "$2,000,000".
1996—Pub. L. 104–303 substituted "Secretary" for "Secretary of the Army".
1986—Pub. L. 99–662 substituted "$30,000,000" for "$25,000,000" and "$2,000,000" for "$1,000,000".
1970—Pub. L. 91–611 increased authorized annual allotment for Federal share of project construction costs
from $10,000,000 to $25,000,000 and the limitation on allotment for any single project from $500,000 to
$1,000,000.
1965—Pub. L. 89–298 increased authorized annual allotment for Federal share of project construction costs
from $3,000,000 to $10,000,000 and the limitation on allotment for any single project from $400,000 to
$500,000.
1962—Pub. L. 87–874 substituted provisions which authorize the Secretary of the Army to undertake small
shore and beach projects not specifically authorized by Congress, which otherwise comply with section 426e
of this title, and to allot from any civil works appropriations hereafter made, an amount not to exceed
$3,000,000 for the Federal share of such projects in any one fiscal year, provide that no such single project
shall be allotted more than $400,000, including periodic nourishment, that provisions of local cooperation
shall apply, and that the work shall be complete and not commit the United States to any additional
improvement except for periodic beach nourishment, and as may result from procedure applying to projects
authorized after submission of survey reports, for provisions which permitted the Chief of Engineers to make
advance payments, not exceeding the United States pro rata part of the value of the labor and materials
actually put in, and to undertake construction of restoration and protective works under sections 426e to 426h
of this title upon the request of, and contribution of funds by, the interested political subdivision.
1956—Act July 28, 1956, substituted "restoration and protective works under sections 426e to 426h of this
title" for "improvement and protective works".
EDITORIAL NOTES
PRIOR PROVISIONS
A prior section 4 of act Aug. 13, 1946, was renumbered section 5 of that act, and was classified to section
426h of this title prior to repeal by Pub. L. 104–303.
§426h. Repealed. Pub. L. 110–114, title II, §2038(b), Nov. 8, 2007, 121 Stat. 1100
Section, act Aug. 13, 1946, ch. 960, §5, as added Pub. L. 104–303, title II, §227(e)(1), Oct. 12, 1996, 110
Stat. 3700; amended Pub. L. 106–53, title V, §581, Aug. 17, 1999, 113 Stat. 375; Pub. L. 109–234, title II,
§2305, June 15, 2006, 120 Stat. 456; Pub. L. 110–161, div. C, title I, §113, Dec. 26, 2007, 121 Stat. 1944,
related to national shoreline erosion control development and demonstration program.
A prior section 426h, acts Aug. 13, 1946, ch. 960, §5, formerly §4, 60 Stat. 1057; July 28, 1956, ch. 768, 70
Stat. 703; renumbered §5, Oct. 12, 1996, Pub. L. 104–303, title II, §227(d)(1), 110 Stat. 3700, defined the
word "shores" as used in sections 426e to 426h of this title, prior to repeal by Pub. L. 104–303, title II,
§227(e)(1), Oct. 12, 1996, 110 Stat. 3700.
§426h–1. Definitions
In sections 426e and 426f to 426h–1 of this title, the following definitions apply:
(1) Erosion control program
The term "erosion control program" means the national shoreline erosion control development
and demonstration program established under this section.
(2) Secretary
The term "Secretary" means the Secretary of the Army.
(3) Separable element
The term "separable element" has the meaning provided by section 2213(f) of this title.
(4) Shore
The term "shore" includes each shoreline of the Atlantic and Pacific Oceans, the Gulf of
Mexico, the Great Lakes, and lakes, estuaries, and bays directly connected therewith.
(5) Shore protection project
The term "shore protection project" includes a project for beach nourishment, including the
replacement of sand.
(Aug. 13, 1946, ch. 960, §6, as added Pub. L. 104–303, title II, §227(e)(1), Oct. 12, 1996, 110 Stat.
3702.)
§426i. Shore damage prevention or mitigation
(a) In general
The Secretary of the Army is authorized to investigate, study, plan, and implement structural and
nonstructural measures for the prevention or mitigation of shore damages attributable to Federal
navigation works and shore damage attributable to the Atlantic Intracoastal Waterway and the Gulf
Intracoastal Waterway, if a non-Federal public body agrees to operate and maintain such measures,
and, in the case of interests in real property acquired in conjunction with nonstructural measures, to
operate and maintain the property for public purposes in accordance with regulations prescribed by
the Secretary.
(b) Cost sharing
The costs of implementing measures, including a study, shall be cost-shared in the same
proportion as the cost-sharing provisions applicable to construction of the project causing the shore
damage.
(c) Requirement for specific authorization
No such project shall be initiated without specific authorization by Congress if the Federal first
cost exceeds $12,500,000.
(d) Coordination
The Secretary shall—
(1) coordinate the implementation of the measures under this section with other Federal and
non-Federal shore protection projects in the same geographic area; and
(2) to the extent practicable, combine mitigation projects with other shore protection projects in
the same area into a comprehensive regional project.
(e) Reimbursement for feasibility studies
Beginning on December 16, 2016, in any case in which the Secretary implements a project under
this section, the Secretary shall reimburse or credit the non-Federal interest for any amounts
contributed for the study evaluating the damage in excess of the non-Federal share of the costs, as
determined under subsection (b).
(Pub. L. 90–483, title I, §111, Aug. 13, 1968, 82 Stat. 735; Pub. L. 99–662, title IX, §§915(f), 940,
Nov. 17, 1986, 100 Stat. 4191, 4199; Pub. L. 106–53, title II, §214, Aug. 17, 1999, 113 Stat. 291;
Pub. L. 113–121, title I, §1030(c), June 10, 2014, 128 Stat. 1232; Pub. L. 114–322, title I, §1169,
Dec. 16, 2016, 130 Stat. 1671; Pub. L. 115–270, title I, §1157(c), Oct. 23, 2018, 132 Stat. 3794.)
EDITORIAL NOTES
AMENDMENTS
2018—Subsec. (c). Pub. L. 115–270 substituted "$12,500,000" for "$10,000,000".
2016—Subsec. (b). Pub. L. 114–322, §1169(1), substituted "measures, including a study, shall be
cost-shared in the same proportion as the cost-sharing provisions applicable to construction of the project" for
"measures under this section shall be cost-shared in the same proportion as the cost-sharing provisions
applicable to the project".
Subsec. (e). Pub. L. 114–322, §1169(2), added subsec. (e).
2014—Subsec. (c). Pub. L. 113–121 substituted "$10,000,000" for "$5,000,000".
1999—Pub. L. 106–53 designated first sentence as subsec. (a), inserted heading, and inserted "and shore
damage attributable to the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway" after
"navigation works", designated second sentence as subsec. (b) and inserted heading, and designated third
sentence as subsec. (c), inserted heading, and substituted "$5,000,000" for "$2,000,000", and added subsec.
(d).
1986—Pub. L. 99–662, §940, amended section generally. Prior to amendment, section read as follows:
"The Secretary of the Army, acting through the Chief of Engineers, is authorized to investigate, study, and
construct projects for the prevention or mitigation of shore damages attributable to Federal navigation works.
The cost of installing, operating, and maintaining such projects shall be borne entirely by the United States.
No such project shall be constructed without specific authorization by Congress if the estimated first cost
exceeds $2,000,000."
Pub. L. 99–662, §915(f), substituted "$2,000,000" for "$1,000,000".
§426i–1. Repealed. Pub. L. 113–121, title I, §1014(c)(2), June 10, 2014, 128 Stat.
1222
Section, Pub. L. 102–580, title II, §206, Oct. 31, 1992, 106 Stat. 4828; Pub. L. 104–303, title II, §227(c)(2),
Oct. 12, 1996, 110 Stat. 3700, related to construction of shoreline protection projects by non-Federal interests.
§426m. Collection and removal of drift and debris from publicly maintained
commercial boat harbors and adjacent land and water areas
(a) Congressional findings
The Congress finds that drift and debris on or in publicly maintained commercial boat harbors and
the land and water areas immediately adjacent thereto threaten navigational safety, public health,
recreation, and the harborfront environment.
(b) Responsibility of Secretary of the Army for development of projects; project undertakings
exempt from specific Congressional approval
(1) The Secretary of the Army, acting through the Chief of Engineers, shall be responsible for
developing projects for the collection and removal of drift and debris from publicly maintained
commercial boat harbors and from land and water areas immediately adjacent thereto.
(2) The Secretary of the Army, acting through the Chief of Engineers, is authorized to undertake
projects developed under paragraph (1) of this subsection without specific congressional approval
when the total Federal cost for the project is less than $400,000.
(c) Federal share of costs; responsibility of non-Federal interests in future project development
to recover cost or repair sources
The Federal share of the cost of any project developed pursuant to subsection (b) of this section
shall be two-thirds of the cost of the project. The remainder of such costs shall be paid by the State,
municipality, or other political subdivision in which the project is to be located, except that any costs
associated with the collections and removal of drift and debris from federally owned lands shall be
borne by the Federal Government. Non-Federal interests in future project development under
subsection (b) of this section shall be required to recover the full cost of drift or debris removal from
any identified owner of piers or other potential sources of drift or debris, or to repair such sources so
that they no longer create a potential source of drift or debris.
(d) Responsibility for providing lands, easements, and right-of-way necessary for projects;
agreement to maintain projects and hold United States free from damages; regulation of
project area following project completion; technical advice
Any State, municipality, or other political subdivision where any project developed pursuant to
subsection (b) of this section is located shall provide all lands, easements, and right-of-way
necessary for the project, including suitable access and disposal areas, and shall agree to maintain
such projects and hold and save the United States free from any damages which may result from the
non-Federal sponsor's performance of, or failure to perform, any of its required responsibilities of
cooperation for the project. Non-Fededal 1 interest shall agree to regulate any project area following
project completion so that such area will not become a future source of drift and debris. The Chief of
Engineers shall provide technical advice to non-Federal interests on the implementation of this
subsection.
(e) Definitions
For the purposes of this section—
(1) the term "drift" includes any buoyant material that, when floating in the navigable waters of
the United States, may cause damage to a commercial or recreational vessel; and
(2) the term "debris" includes any abandoned or dilapidated structure or any sunken vessel or
other object that can reasonably be expected to collapse or otherwise enter the navigable waters of
the United States as drift within a reasonable period.
(f) Authorization of appropriations
There is authorized to be appropriated to carry out this section such sums as may be necessary for
fiscal years beginning after September 30, 1986.
(Pub. L. 94–587, §202, Oct. 22, 1976, 90 Stat. 2945; Pub. L. 99–662, title XI, §1129(a), Nov. 17,
1986, 100 Stat. 4246.)
EDITORIAL NOTES
AMENDMENTS
1986—Subsec. (f). Pub. L. 99–662 amended subsec. (f) generally, substituting "such sums as may be
necessary for fiscal years beginning after Sept. 30, 1986" for "not to exceed $4,000,000 per fiscal year for
fiscal years 1978 and 1979".
1 So in original.
(b) The non-Federal share of the cost of any designs, plans, specifications or technical assistance
provided under subsection (a) shall be 50 percent.
(Pub. L. 99–662, title IX, §942, Nov. 17, 1986, 100 Stat. 4199.)
for any activity carried out with assistance under this title, the Secretary of the Army shall take
account of flooding and erosion of other property which may be caused by such activity.
(2) Bank stabilization
(A) General rule
In issuing permits under sections 403 and 1344 of this title for a project involving dredging of
any portion of the Great Lakes, the Secretary of the Army shall, if feasible, encourage for bank
stabilization purposes the disposal of nonhazardous compatible sand from such project on
shorelines affected by erosion.
(B) Consultation
In carrying out subparagraph (A), the Secretary of the Army shall consult affected State and
local governments.
(Pub. L. 100–707, title II, §203, Nov. 23, 1988, 102 Stat. 4712.)
EDITORIAL NOTES
REFERENCES IN TEXT
This title, referred to in subsec. (b)(1), is title II of Pub. L. 100–707, Nov. 23, 1988, 102 Stat. 4711, known
as the "Great Lakes Planning Assistance Act of 1988". For complete classification of this Act to the Code, see
Short Title note below and Tables.
§§427 to 430. Repealed. July 31, 1945, ch. 334, §5, 59 Stat. 508
Section 427, act June 26, 1936, ch. 849, §1, 49 Stat. 1982, related to improvement and protection of beaches
and defined "beach".
Section 428, act June 26, 1936, ch. 849, §2, 49 Stat. 1982, related to investigations by Beach Erosion Board
and duties of Board. See section 426–1 of this title.
Section 429, act June 26, 1936, ch. 849, §3, 49 Stat. 1983, related to investigative reports by Beach Erosion
Board. See section 426–1 of this title.
Section 430, act June 26, 1936, ch. 849, §4, 49 Stat. 1983, related to payment of expenses incident to
investigations by Board. See section 426–1 of this title.
§§431 to 437. Repealed. Pub. L. 91–224, title I, §108, Apr. 3, 1970, 84 Stat. 113
Section 431, acts June 7, 1924, ch. 316, §1, 43 Stat. 604; Nov. 3, 1966, Pub. L. 89–753, title II, §211(a), 80
Stat. 1252, related to the short title for this subchapter.
Section 432, acts June 7, 1924, ch. 316, §2, 43 Stat. 604; Nov. 3, 1966, Pub. L. 89–753, title II, §211(a), 80
Stat. 1252, defined "oil," "person", "coastal navigable waters of the United States", and "Secretary".
Section 433, acts June 7, 1924, ch. 316, §3, 43 Stat. 605; Nov. 3, 1966, Pub. L. 89–753, title II, §211(a), 80
Stat. 1253, related to prohibition against discharge of oil generally.
Section 434, acts June 7, 1924, ch. 316, §4, 43 Stat. 605; Nov. 3, 1966, Pub. L. 89–753, title II, §211(a), 80
Stat. 1253, related to penalties for violation of oil discharge prohibition and liability of vessel.
Section 435, act June 7, 1924, ch. 316, §5, 43 Stat. 605; 1946 Reorg. Plan No. 3, §§101–104, eff. July 16,
1946, 11 F.R. 7875, 60 Stat. 1097; act Nov. 3, 1966, Pub. L. 89–753, title II, §211(a), 80 Stat. 1254, related to
revocation or suspension of licenses of officers of offending vessels.
Section 436, acts June 7, 1924, ch. 316, §7, 43 Stat. 605; Nov. 3, 1966, Pub. L. 89–753, title II, §211(a), 80
Stat. 1254, related to authorization of use of certain personnel in enforcement of this subchapter and arrest of
offenders.
Section 437, acts June 7, 1924, ch. 316, §8, 43 Stat. 606; Nov. 3, 1966, Pub. L. 89–753, title II, §211(a), 80
Stat. 1254, related to affect of this subchapter on preexisting laws for preservation and protection of navigable
waters.
See section 1251 et seq. of this title.
EDITORIAL NOTES
PRIOR PROVISIONS
Section 1 of act June 29, 1888, superseded act Aug. 5, 1886, ch. 929, §3, 24 Stat. 329, which provided that:
"It shall not be lawful to cast, throw, empty, or unlade, or cause, suffer, or procure to be cast, thrown, emptied,
or unladen, either from or out of any ship, vessel, lighter, barge, boat, or other craft, or from the shore, pier,
wharf, or mills of any kind whatever, any ballast, stone, slate, gravel, earth, slack, rubbish, wreck, filth, slabs,
edgings, sawdust, slag or cinders or other refuse or mill-waste of any kind, into New York Harbor: Provided,
That nothing herein contained shall extend, or be construed to extend, to the casting out, unlading, or throwing
out of any ship or vessel, lighter, barge, boat, or other craft, any stones, rocks, bricks, lime, or other materials
used, or to be used, in or toward the building, repairing, or keeping in repair any quay, pier, wharf, weir,
bridge, building, or other work lawfully erected or to be erected on the banks or sides of said harbor, or to the
casting out, unloading or depositing of any material excavated for the improvement of navigable waters, into
such places and in such manner as may be deemed by the United States officer supervising the improvement
of said harbor most judicious and practicable and for the best interests of such improvement."
AMENDMENTS
1958—Pub. L. 85–802 substituted "waters of any harbor subject to this subchapter," for "tidal waters of the
harbor of New York, or its adjacent or tributary waters, or in those of long Island Sound,".
EDITORIAL NOTES
AMENDMENTS
1958—Pub. L. 85–802 substituted "any harbor subject to this subchapter" for "the harbor of New York, or
in its adjacent or tributary waters, or in those of Long Island Sound", and struck out "hereinafter mentioned"
after "supervisor of the harbor".
§443. Permit for dumping; penalty for taking or towing boat or scow without
permit
In all cases of receiving on board of any scows or boats such forbidden matter or substance as
described in section 441 of this title, the owner or master, or person acting in such capacity on board
of such scows or boats, before proceeding to take or tow the same to the place of deposit, shall apply
for and obtain from the supervisor of the harbor appointed, as provided in section 451 of this title, a
permit defining the precise limits within which the discharge of such scows or boats may be made;
and it shall not be lawful for the owner or master, or person acting in such capacity, of any tug or
towboat to tow or move any scow or boat so loaded with such forbidden matter until such permit
shall have been obtained; and every person violating the foregoing provisions of this section shall be
deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more
than $1,000 nor less than $500, and in addition thereto the master of any tug or towboat so offending
shall have his license revoked or suspended for a term to be fixed by the judge before whom tried
and convicted.
(June 29, 1888, ch. 496, §3, 25 Stat. 209; Aug. 18, 1894, ch. 299, §3, 28 Stat. 360; May 28, 1908, ch.
212, §8, 35 Stat. 426.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888, enacted
sections 443 to 448 of this title.
Section 3 of act June 29, 1888, as originally enacted, provided as follows:
"In all cases of receiving on board of any scows or boats such forbidden matter or substance as herein
described, it shall be the duty of the owner or master, or person acting in such capacity, on board of such
scows or boats, before proceeding to take or tow the same to the place of deposit, to apply for and obtain from
the supervisor of the harbor appointed hereunder a permit defining the precise limits within which the
discharge of such scows or boats may be made; and any deviation from such dumping or discharging place
specified in such permit shall be a misdemeanor within the meaning of this act; and the master and engineer,
or person or persons acting in such capacity, on board of any towboat towing such scows or boats, shall be
equally guilty of such offense with the master or person acting in the capacity of master of the scow, and be
liable to equal punishment."
Section 3 was amended by act Aug. 18, 1894, to read as follows:
"In all cases of receiving on board of any scows or boats such forbidden matter or substance as herein
described, the owner or master, or person acting in such capacity on board of such scows or boats, before
proceeding to take or tow the same to the place of deposit, shall apply for and obtain from the supervisor of
the harbor appointed hereunder a permit defining the precise limits within which the discharge of such scows
or boats may be made; and it shall not be lawful for the owner or master, or person acting in such capacity, of
any tug or towboat to tow or move any scow or boat so loaded with such forbidden matter until such permit
shall have been obtained; and every person violating the foregoing provisions of this section shall be deemed
guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than one thousand
nor less than five hundred dollars, and in addition thereto the master of any tug or towboat so offending shall
have his license revoked, or suspended for a term to be fixed by the judge before whom tried and convicted.
And any deviation from such dumping or discharging place specified in such permit shall be a misdemeanor,
and the owner and master, or person acting in the capacity of master, of any scows or boats dumping or
discharging such forbidden matter in any place other than that specified in such permit shall be liable to
punishment therefor as provided in section one of the said Act of June twenty-ninth, eighteen hundred and
eighty-eight [section 441 of this title]; and the owner and master, or person acting in the capacity of master, of
any tug or towboat towing such scows or boats shall be liable to equal punishment with the owner and master,
or person acting in the capacity of master, of the scows or boats; and further, every scowman or other
employee on board of both scows and towboats shall be deemed to have knowledge of the place of dumping
specified in such permit, and the owners and masters, or persons acting in the capacity of masters, shall be
liable to punishment, as aforesaid, for any unlawful dumping, within the meaning of this Act or of the said Act
of June twenty-ninth, eighteen hundred and eighty-eight, which may be caused by the negligence or ignorance
of such scowman or other employee; and, further, neither defect in machinery nor avoidable accidents to
scows or towboats, nor unfavorable weather, nor improper handling or moving of scows or boats of any kind
whatsoever, shall operate to release the owners and masters and employees of scows and towboats from the
penalties hereinbefore mentioned. Every scow or boat engaged in the transportation of dredgings, earth, sand,
mud, cellar dirt, garbage, or other offensive material of any description shall have its name or number and
owner's name painted in letters and numbers at least fourteen inches long on both sides of the scow or boat;
these names and numbers shall be kept distinctly legible at all times, and no scow or boat not so marked shall
be used to transport or dump any such material. The supervisor of the harbor of New York, designated as
provided in section five of the said Act of June twenty-ninth, eighteen hundred and eighty-eight [section 451
of this title], is authorized and directed to appoint inspectors and deputy inspectors, and, for the purpose of
enforcing the provisions of this Act and of the Act aforesaid, and of detecting and bringing to punishment
offenders against the same, the said supervisor of the harbor, and the inspectors and deputy inspectors so
appointed by him, shall have power and authority: First. To arrest and take into custody, with or without
process, any person or persons who may commit any of the acts or offenses prohibited by this section and by
the Act of June twenty-ninth, eighteen hundred and eighty-eight, aforesaid, or who may violate any of the
provisions of the same: Provided, That no person shall be arrested without process for any offense not
committed in the presence of the supervisor or his inspectors or deputy inspectors, or either of them: And
provided further, That whenever any such arrest is made the person or persons so arrested shall be brought
forthwith before a commissioner, judge, or court of the United States for examination of the offenses alleged
against him; and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in
case of crimes against the United States. Second. To go on board of any scow or towboat engaged in unlawful
dumping of prohibited material, or in moving the same without a permit as required in this section of this Act,
and to seize and hold said boats until they are discharged by action of the commissioner, judge, or court of the
United States before whom the offending persons are brought. Third. To arrest and take into custody any
witness or witnesses to such unlawful dumping of prohibited material, the said witnesses to be released under
proper bonds. Fourth. To go on board of any towboat having in tow scows or boats loaded with such
prohibited material, and accompany the same to the place of dumping whenever such action appears to be
necessary to secure compliance with the requirements of this Act and of the Act aforesaid. Fifth. To enter gas
and oil works and all other manufacturing works for the purpose of discovering the disposition made of
sludge, acid, or other injurious material, whenever there is good reason to believe that such sludge, acid, or
other injurious material is allowed to run into the tidal waters of the harbor in violation of section one of the
aforesaid Act of June twenty-ninth, eighteen hundred and eighty-eight [section 441 of this title]. Every person
who, directly or indirectly, gives any sum of money or other bribe, present, or reward or makes any offer of
the same to any inspector, deputy inspector, or other employee of the office of the supervisor of the harbor
with intent to influence such inspector, deputy inspector, or other employee to permit or overlook any
violation of the provisions of this section or of the said Act of June twenty-ninth, eighteen hundred and
eighty-eight, shall, on conviction thereof, be fined not less than five hundred dollars nor more than one
thousand dollars, and be imprisoned not less than six months nor more than one year. Every permit issued in
accordance with the provisions of this section of this Act which may not be taken up by an inspector or deputy
inspector shall be returned within forty-eight hours after issuance to the office of the supervisor of the harbor;
such permit shall bear an indorsement by the master of the towboat, or the person acting in such capacity,
stating whether the permit has been used, and if so the time and place of dumping. Any person violating the
provisions of this section shall be liable to a fine of not more than five hundred dollars nor less than one
hundred dollars."
Section 3 was further amended by act May 28, 1908, ch. 212, §8, to read as set forth in this section and
sections 444 to 448 of this title.
§444. Dumping at other place than designated dumping grounds; penalty; person
liable; excuses for deviation
Any deviation from such dumping or discharging place specified in such permit shall be a
misdemeanor, and the owner and master, or person acting in the capacity of master, of any scows or
boats dumping or discharging such forbidden matter in any place other than that specified in such
permit shall be liable to punishment therefor as provided in section 441 of this title; and the owner
and master, or person acting in the capacity of master, of any tug or towboat towing such scows or
boats shall be liable to equal punishment with the owner and master, or person acting in the capacity
of master, of the scows or boats; and, further, every scowman or other employee on board of both
scows and towboats shall be deemed to have knowledge of the place of dumping specified in such
permit, and the owners and masters, or persons acting in the capacity of masters, shall be liable to
punishment, as aforesaid, for any unlawful dumping, within the meaning of this Act and this
subchapter, which may be caused by the negligence or ignorance of such scowman or other
employee; and, further, neither defect in machinery nor avoidable accidents to scows or towboats,
nor unfavorable weather, nor improper handling or moving of scows or boats of any kind whatsoever
shall operate to release the owners and master and employees of scows and towboats from the
penalties mentioned in section 441 of this title.
(June 29, 1888, ch. 496, §3, 25 Stat. 209; Aug. 18, 1894, ch. 299, §3, 28 Stat. 360; May 28, 1908, ch.
212, §8, 35 Stat. 426.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in text, is act Aug. 18, 1894, ch. 299, 28 Stat. 356, as amended, which enacted sections
1, 31, and 452 of this title and amended sections 443 to 448 and 499 of this title. For complete classification of
this Act to the Code, see Tables.
CODIFICATION
Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888, enacted
sections 443 to 448 of this title. See Codification note set out under section 443 of this title.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888, enacted
sections 443 to 448 of this title. See Codification note set out under section 443 of this title.
Provisos are from act Feb. 16, 1909.
EDITORIAL NOTES
REFERENCES IN TEXT
Act of August 18, 1894, referred to in provision preceding First paragraph, and Act aforesaid, referred to in
Fourth paragraph, mean act Aug. 18, 1894, ch. 299, 28 Stat. 356, as amended, which enacted sections 1, 31,
and 452 of this title and amended sections 443 to 448 and 499 of this title. For complete classification of this
Act to the Code, see Tables.
Sections 443 to 448 of this title, referred to in the Second paragraph, were in the original "this section of
this Act" meaning section 3 of act June 29, 1888, which enacted sections 443 to 448 of this title. The provision
of section 3 relating to issuance of permits is classified to section 443 of this title.
CODIFICATION
Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888, enacted
sections 443 to 448 of this title. See Codification note set out under section 443 of this title.
AMENDMENTS
1958—Pub. L. 85–802 substituted "Each supervisor of a harbor is authorized and directed to appoint
inspectors and deputy inspectors, and, for the purposes of enforcing this subchapter" for "The supervisor of
the harbor of New York, designated as provided in section 451 of this title, is authorized and directed to
appoint inspectors and deputy inspectors, and for the purpose of enforcing sections 1, 31, and this subchapter".
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888, enacted
sections 443 to 448 of this title. See Codification note set out under section 443 of this title.
AMENDMENTS
1958—Pub. L. 85–802 substituted "any supervisor of a harbor" for "the supervisor of the harbor".
EDITORIAL NOTES
REFERENCES IN TEXT
Sections 443 to 448 of this title, referred to in text, were in the original "this section of this Act", meaning
section 3 of act June 29, 1888, which enacted sections 443 to 448 of this title. The provision of section 3
relating to issuance of permits is classified to section 443 of this title.
CODIFICATION
Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888 enacted
sections 443 to 448 of this title. See Codification note set out under section 443 of this title.
EDITORIAL NOTES
REFERENCES IN TEXT
Sections 443 to 448 of this title, referred to in text, were in the original "the third section of this Act",
meaning section 3 of act June 29, 1888, which enacted sections 443 to 448 of this title. The provision of
section 3 relating to specification of the limits within which to discharge is classified to section 443 of this
title.
CODIFICATION
Section was enacted as part of section 4 of act June 29, 1888, which enacted sections 449 and 450 of this
title.
AMENDMENTS
1958—Pub. L. 85–802 substituted "any harbor subject to this subchapter" for "the harbor of New York, or
the waters adjacent or tributary thereto" and "the waters of that harbor" for "the waters of the harbor of New
York".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by Pub. L. 85–802 effective on sixtieth day after Aug. 28, 1958, see section 2 of Pub. L.
85–802, set out as a note under section 441 of this title.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of section 4 of act June 29, 1888, which enacted sections 449 and 450 of this
title.
EDITORIAL NOTES
AMENDMENTS
1958—Pub. L. 85–802 inserted "for each harbor subject to this subchapter," and substituted "Each such
officer" for "This officer".
1952—Act July 12, 1952, transferred enforcement responsibilities of this section from a Naval officer to the
Army district engineer at New York.
1949—Act June 29, 1949, struck out "shall receive the sea-pay of his grade and" after "this officer".
EDITORIAL NOTES
AMENDMENTS
1958—Pub. L. 85–802 substituted provisions making harbors of New York, Hampton Roads, and
Baltimore subject to this subchapter for appropriation provisions.
EDITORIAL NOTES
CODIFICATION
Section was not enacted as part of act June 29, 1888, ch. 496, 25 Stat. 209, which comprises this
subchapter.
EDITORIAL NOTES
CODIFICATION
Section was not enacted as part of act June 29, 1888, ch. 496, 25 Stat. 209, which comprises this
subchapter.
EDITORIAL NOTES
CODIFICATION
Section was not enacted as part of act June 29, 1888, ch. 496, 25 Stat. 209, which comprises this
subchapter.
§§461 to 464. Repealed. Mar. 3, 1901, ch. 854, §1636, 31 Stat. 1434
Section 461, act May 19, 1896, ch. 208, §1, 29 Stat. 126, prohibited deposit of ballast, dirt, ashes or oyster
shells into Potomac River except for purpose of making a wharf and then only after approval.
Section 462, act May 19, 1896, ch. 208, §2, 29 Stat. 127, prohibited deposit of dead fish, dead animals,
fruits, vegetables, ice, snow, filth or trash of any kind into Potomac River.
Section 463, act May 19, 1896, ch. 208, §3, 29 Stat. 127, related to penalties.
Section 464, act May 19, 1896, ch. 208, §4, 29 Stat. 127, provided that none of these provisions be
construed to interfere with any work or improvements in harbor or river area.
EDITORIAL NOTES
CODIFICATION
Sections 466 to 466g of this title were transferred to sections 1151 to 1160 of this title and were
subsequently omitted in the general amendment of the Federal Water Pollution Control Act by Pub. L.
92–500, §2, Oct. 18, 1972, 86 Stat. 816. See section 1251 et seq. of this title.
Section 466, acts June 30, 1948, ch. 758, §1, 62 Stat. 1155; July 9, 1956, ch. 518, §1, 70 Stat. 498; July 20,
1961, Pub. L. 87–88, §1(a), 75 Stat. 204; Oct. 2, 1965, Pub. L. 89–234, §1(a), 79 Stat. 903; 1966 Reorg. Plan
No. 2, eff. May 10, 1966, §§1(a), (e)(1), 5, 31 F.R. 6857, 80 Stat. 1608, which related to Congressional
declaration of policy, was transferred to section 1151 of this title.
Section 466–1, act June 30, 1948, ch. 758, §2, as added Oct. 2, 1965, Pub. L. 89–234, §2(a), 79 Stat. 903;
amended 1966 Reorg. Plan. No. 2, eff. May 10, 1966, §1(a), (b), 31 F.R. 6857, 80 Stat. 1608; Apr. 3, 1970,
Pub. L. 91–224, title I, §110(a), 84 Stat. 113, which provided for a Federal Water Quality Administration, was
transferred to section 1152 of this title.
Section 466a, acts June 30, 1948, ch. 758, §3, formerly §2, 62 Stat. 1155; July 9, 1956, ch. 518, §1, 70 Stat.
498; July 20, 1961, Pub. L. 87–88, §§1(b), 2, 75 Stat. 204; renumbered §3, Oct. 2, 1965, Pub. L. 89–234,
§2(a), 79 Stat. 903; Nov. 3, 1966, Pub. L. 89–753, title I, §101, 80 Stat. 1246, which provided for
comprehensive water pollution programs, was transferred to section 1153 of this title.
Section 466b, acts June 30, 1948, ch. 758, §4, formerly §3, 62 Stat. 1157; July 9, 1956, ch. 518, §1, 70 Stat.
498; July 20, 1961, Pub. L. 87–88, §1(b), 75 Stat. 204; renumbered §4, Oct. 2, 1965, Pub. L. 89–234, §2(a),
79 Stat. 903, which provided for interstate cooperation, was transferred to section 1154 of this title.
Section 466c, acts June 30, 1948, ch. 758, §5, formerly §4, 62 Stat. 1158; July 9, 1956, ch. 518, §1, 70 Stat.
499; July 20, 1961, Pub. L. 87–88, §§1(b), (c), 3, 75 Stat. 204, 205; renumbered §5, Oct. 2, 1965, Pub. L.
89–234, §2(a), 79 Stat. 903; 1966 Reorg. Plan No. 2, eff. May 10, 1966, §1(a), 31 F.R. 6857, 80 Stat. 1608;
Nov. 3, 1966, Pub. L. 89–753, title II, §201(b), (c)(1), 80 Stat. 1247, 1248; Apr. 3, 1970, Pub. L. 91–224, title
I, §105, 84 Stat. 111, which provided for research, experiments, and studies, was transferred to section 1155 of
this title.
Section 466c–1, act June 30, 1948, ch. 758, §6, as added Oct. 2, 1965, Pub. L. 89–234, §3, 79 Stat. 905;
amended Nov. 3, 1966, Pub. L. 89–753, title II, §201(a), 80 Stat. 1246; Apr. 3, 1970, Pub. L. 91–224, title I,
§106, 84 Stat. 113, which provided grants for research and development, was transferred to section 1156 of
this title.
Section 466d, acts June 30, 1948, ch. 758, §7, formerly §5, 62 Stat. 1158; July 9, 1956, ch. 518, §1, 70 Stat.
499; June 25, 1959, Pub. L. 86–70, §28(a), 73 Stat. 148; July 12, 1960, Pub. L. 86–624, §23(a), 74 Stat. 417;
July 20, 1961, Pub. L. 87–88, §§1(b), 4(a), (b), 75 Stat. 204, 205; renumbered §7 and amended Oct. 2, 1965,
Pub. L. 89–234, §§2(a), 7(a), 79 Stat. 903, 910; Nov. 3, 1966, Pub. L. 89–753, title II, §202, 80 Stat. 1248,
which provided grants for water pollution control programs, was transferred to section 1157 of this title.
Section 466e, acts June 30, 1948, ch. 758, §8, formerly §6, 62 Stat. 1158; July 9, 1956, ch. 518, §1, 70 Stat.
502; July 20, 1961, Pub. L. 87–88, §§1(b), 5, 75 Stat. 204, 206; renumbered §8 and amended Oct. 2, 1965,
Pub. L. 89–234, §§2(a), 4, 7(b), 79 Stat. 903, 906, 910; Nov. 3, 1966, Pub. L. 89–753, title II, §§203(a), 204,
205, 80 Stat. 1248–1250; Apr. 3, 1970, Pub. L. 91–224, title I, §111, 84 Stat. 113, which provided grants for
construction of sewerage treatment works, was transferred to section 1158 of this title.
Section 466f, acts June 30, 1948, ch. 758, §9, formerly §7, 62 Stat. 1159; July 17, 1952, ch. 927, 66 Stat.
755; July 9, 1956, ch. 518, §1, 70 Stat. 503; July 20, 1961, Pub. L. 87–88, §§1(b)–(d), 6(a), (b), 75 Stat. 204,
207; renumbered §9, Oct. 2, 1965, Pub. L. 89–234, §2(a), 79 Stat. 903; 1966 Reorg. Plan No. 2, eff. May 10,
1966, §1(a), (c)(1), (2), 31 F.R. 6857, 80 Stat. 1608, which provided for a Water Pollution Control Advisory
Board, was transferred to section 1159 of this title.
Section 466g, acts June 30, 1948, ch. 758, §10, formerly §8, 62 Stat. 1159; July 17, 1952, ch. 927, 66 Stat.
755; July 9, 1956, ch. 518, §1, 70 Stat. 504; July 20, 1961, Pub. L. 87–88, §§1(b), 7, 75 Stat. 204, 207;
renumbered §10 and amended Oct. 2, 1965, Pub. L. 89–234, §§2(a), 5, 7(c), (d), 79 Stat. 903, 907, 910; 1966
Reorg. Plan No. 2, eff. May 10, 1966, §1(a), (d)(1), (2), 31 F.R. 6857, 80 Stat. 1608; Nov. 3, 1966, Pub. L.
89–753, title II, §§206–208, 80 Stat. 1250; Apr. 3, 1970, Pub. L. 91–224, title I, §112, 84 Stat. 114, which
provided for enforcement measures against pollution of interstate or navigable waters, was transferred to
section 1160 of this title.
EDITORIAL NOTES
CODIFICATION
Sections 466h to 466l of this title were transferred to sections 1171 to 1175 of this title and were
subsequently omitted in the general amendment of the Federal Water Pollution Control Act by Pub. L.
92–500, §2, Oct. 18, 1972, 86 Stat. 816. See section 1251 et seq. of this title.
Section 466h, acts June 30, 1948, ch. 758, §21, formerly §9, 62 Stat. 1160; July 9, 1956, ch. 518, §1, 70
Stat. 506; July 20, 1961, Pub. L. 87–88, §8, 75 Stat. 210; renumbered §11 and amended Oct. 2, 1965, Pub. L.
89–234, §§2(a), 7(e), 79 Stat. 903, 910; 1966 Reorg. Plan No. 2, eff. May 10, 1966, §1(a), 31 F.R. 6857, 80
Stat. 1608; renumbered §21 and amended Apr. 3, 1970, Pub. L. 91–224, title I, §§102, 103, 84 Stat. 91, 107,
which provided for cooperation by all Federal agencies in pollution control, was transferred to section 1171 of
this title.
Section 466i, acts June 30, 1948, ch. 758, §22, formerly §10, 62 Stat. 1160; July 9, 1956, ch. 518, §1, 70
Stat. 506; July 20, 1961, Pub. L. 87–88, §1(b), (d), (e), 75 Stat. 204; renumbered §12 and amended Oct. 2,
1965, Pub. L. 89–234, §§2(a), 6, 79 Stat. 903, 909; 1966 Reorg. Plan No. 2, eff. May 10, 1966, §1(a), 31 F.R.
6857, 80 Stat. 1608; renumbered §22 and amended Apr. 3, 1970, Pub. L. 91–224, title I, §§102, 104, 84 Stat.
91, 110, which provided for rules and regulations, was transferred to section 1172 of this title.
Section 466j, acts June 30, 1948, ch. 758, §23, formerly §11, 62 Stat. 1161; July 9, 1956, ch. 518, §1, 70
Stat. 506; June 25, 1959, Pub. L. 86–70, §28(b), 73 Stat. 148; July 12, 1960, Pub. L. 86–624, §23(b), 74 Stat.
418; July 20, 1961, Pub. L. 87–88, §9, 75 Stat. 210; renumbered §13, Oct. 2, 1965, Pub. L. 89–234, §2(a), 79
Stat. 903; Nov. 3, 1966, Pub. L. 89–753, title II, §209, 80 Stat. 1251; renumbered §23, Apr. 3, 1970, Pub. L.
91–224, title I, §102, 84 Stat. 91, which related to definitions, was transferred to section 1173 of this title.
Section 466k, act June 30, 1948, ch. 758, §24, formerly §12, as added July 9, 1956, ch. 518, §1, 70 Stat.
506; renumbered §14, Oct. 2, 1965, Pub. L. 89–234, §2(a), 79 Stat. 903; renumbered §24 and amended Apr. 3,
1970, Pub. L. 91–224, title I, §§102, 107, 84 Stat. 91, 113, which related to application of other laws, was
transferred to section 1174 of this title.
Section 466l, act June 30, 1948, ch. 758, §26, formerly §16, as added Nov. 3, 1966, Pub. L. 89–753, title II,
§210, 80 Stat. 1252; renumbered §26, Apr. 3, 1970, Pub. L. 91–224, title I, §102, 84 Stat. 91, which provided
for studies and analysis of costs estimates and reports to Congress, was transferred to section 1175 of this title.
§§466m, 466n. Repealed. Pub. L. 91–224, title I, §102, Apr. 3, 1970, 84 Stat. 91
Section 466m, act June 30, 1948, ch. 758, §17, as added Nov. 3, 1966, Pub. L. 89–753, title II, §210, 80
Stat. 1252, authorized a study by Secretary of the Interior, and a report to Congress not later than July 1, 1967,
of the extent of pollution of the navigable waters of the United States from litter and sewage deposited into
such waters from watercraft.
Section 466n, act June 30, 1948, ch. 758, §18, as added Nov. 3, 1966, Pub. L. 89–753, title II, §210, 80 Stat.
1252, authorized a study by Secretary of the Interior, and a report to Congress not later than Jan. 30, 1968,
relating to incentives, including, but not limited to, tax and other financial incentives, to assist in the
construction of industrial anti-pollution facilities.
§467. Definitions
In this subchapter, the following definitions apply:
(1) Administrator
The term "Administrator" means the Administrator of the Federal Emergency Management
Agency.
(2) Board
The term "Board" means a National Dam Safety Review Board established under section
467f(f) of this title.
(3) Dam
The term "dam"—
(A) means any artificial barrier that has the ability to impound water, wastewater, or any
liquid-borne material, for the purpose of storage or control of water, that—
(i) is 25 feet or more in height from—
(I) the natural bed of the stream channel or watercourse measured at the downstream toe
of the barrier; or
(II) if the barrier is not across a stream channel or watercourse, from the lowest
elevation of the outside limit of the barrier;
unless the barrier, because of the location of the barrier or another physical characteristic of the
barrier, is likely to pose a significant threat to human life or property if the barrier fails (as
determined by the Administrator).
(4) Eligible high hazard potential dam
(A) In general
The term "eligible high hazard potential dam" means a non-Federal dam that—
(i) is located in a State with a State dam safety program;
(ii) is classified as "high hazard potential" by the State dam safety agency in the State in
which the dam is located;
(iii) has an emergency action plan that—
(I) is approved by the relevant State dam safety agency; or
(II) is in conformance with State law and pending approval by the relevant State dam
safety agency;
(iv) fails to meet minimum dam safety standards of the State in which the dam is located,
as determined by the State; and
(v) poses an unacceptable risk to the public, as determined by the Administrator, in
consultation with the Board.
(B) Exclusion
The term "eligible high hazard potential dam" does not include—
(i) a licensed hydroelectric dam under a hydropower project with an authorized installed
capacity of greater than 1.5 megawatts; or
(ii) a dam built under the authority of the Secretary of Agriculture.
(5) Federal agency
The term "Federal agency" means a Federal agency that designs, finances, constructs, owns,
operates, maintains, or regulates the construction, operation, or maintenance of a dam.
(6) Federal Guidelines for Dam Safety
The term "Federal Guidelines for Dam Safety" means the FEMA publication, numbered 93 and
dated June 1979, that defines management practices for dam safety at all Federal agencies.
(7) FEMA
The term "FEMA" means the Federal Emergency Management Agency.
(8) Hazard reduction
The term "hazard reduction" means the reduction in the potential consequences to life and
property of dam failure.
(9) ICODS
The term "ICODS" means the Interagency Committee on Dam Safety established by section
467e of this title.
(10) Eligible subrecipient
The term "eligible subrecipient", in the case of a project receiving assistance under section
467f–2 of this title, includes—
(A) a governmental organization; and
(B) a nonprofit organization.
(11) Program
The term "Program" means the national dam safety program established under section 467f of
this title.
(12) Rehabilitation
The term "rehabilitation" means the repair, replacement, reconstruction, or removal of a dam
that is carried out to meet applicable State dam safety and security standards.
(13) State
The term "State" means each of the several States of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any other territory or possession of the
United States.
(14) State dam safety agency
The term "State dam safety agency" means a State agency that has regulatory authority over the
safety of non-Federal dams.
(15) State dam safety program
The term "State dam safety program" means a State dam safety program approved and assisted
under section 467f(e) of this title.
(16) United States
The term "United States", when used in a geographical sense, means all of the States.
(Pub. L. 92–367, §2, as added Pub. L. 104–303, title II, §215(c)(4), Oct. 12, 1996, 110 Stat. 3685;
amended Pub. L. 107–310, §3(e)(2), Dec. 2, 2002, 116 Stat. 2451; Pub. L. 113–121, title III,
§3001(a), June 10, 2014, 128 Stat. 1282; Pub. L. 114–322, title IV, §5006(a), Dec. 16, 2016, 130
Stat. 1892; Pub. L. 116–260, div. AA, title I, §132(a), Dec. 27, 2020, 134 Stat. 2645.)
EDITORIAL NOTES
PRIOR PROVISIONS
A prior section 467, Pub. L. 92–367, §1, Aug. 8, 1972, 86 Stat. 506; Pub. L. 99–662, title XII, §1201(a),
Nov. 17, 1986, 100 Stat. 4260, defined term "dam" as used in this subchapter, prior to repeal by Pub. L.
104–303, §215(c)(1).
A prior section 2 of Pub. L. 92–367 was renumbered section 3 by section 215(c)(3) of Pub. L. 104–303 and
is classified to section 467a of this title.
AMENDMENTS
2020—Par. (4)(A)(iii). Pub. L. 116–260, §132(a)(1)(A)(i), added cl. (iii) and struck out former cl. (iii)
which read as follows: "has an emergency action plan approved by the relevant State dam safety agency; and".
Par. (4)(A)(iv), (v). Pub. L. 116–260, §132(a)(1)(A)(ii), added cls. (iv) and (v) and struck out former cl. (iv)
which read as follows: "the State in which the dam is located determines—
"(I) fails to meet minimum dam safety standards of the State; and
"(II) poses an unacceptable risk to the public."
Par. (4)(B)(i). Pub. L. 116–260, §132(a)(1)(B), inserted "under a hydropower project with an authorized
installed capacity of greater than 1.5 megawatts" after "dam".
Par. (10). Pub. L. 116–260, §132(a)(2), substituted "Eligible subrecipient" for "Non-Federal sponsor" in
heading and "The term 'eligible subrecipient' " for "The term 'non-Federal sponsor' " in introductory
provisions.
2016—Par. (4). Pub. L. 114–322, §5006(a)(2), added par. (4). Former par. (4) redesignated (5).
Pars. (5) to (9). Pub. L. 114–322, §5006(a)(1), redesignated pars. (4) to (8) as (5) to (9), respectively.
Former par. (9) redesignated (11).
Par. (10). Pub. L. 114–322, §5006(a)(3), added par. (10). Former par. (10) redesignated (13).
Par. (11). Pub. L. 114–322, §5006(a)(1), redesignated par. (9) as (11). Former par. (11) redesignated (14).
Par. (12). Pub. L. 114–322, §5006(a)(4), added par. (12). Former par. (12) redesignated (15).
Pars. (13) to (16). Pub. L. 114–322, §5006(a)(1), redesignated pars. (10) to (13) as (13) to (16),
respectively.
2014—Pub. L. 113–121, §3001(a)(1), substituted "Administrator" for "Director" wherever appearing.
Par. (1). Pub. L. 113–121, §3001(a)(2)(C), added par. (1). Former par. (1) redesignated (2).
Par. (2). Pub. L. 113–121, §3001(a)(2)(B), redesignated par. (1) as (2). Former par. (2) redesignated (3).
Par. (3). Pub. L. 113–121, §3001(a)(2)(A), (B), redesignated par. (2) as (3) and struck out former par. (3).
Prior to amendment, text read as follows: "The term 'Administrator' means the Administrator of FEMA."
2002—Par. (1). Pub. L. 107–310, §3(e)(2)(A), substituted "section 467f(f)" for "section 467f(h)".
Par. (12). Pub. L. 107–310, §3(e)(2)(B), substituted "section 467f(e)" for "section 467f(f)".
EDITORIAL NOTES
REFERENCES IN TEXT
The Federal Power Act, referred to in subsec. (a), is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended,
which is classified generally to chapter 12 (§791a et seq.) of Title 16, Conservation. For complete
classification of this Act to the Code, see section 791a of Title 16 and Tables.
PRIOR PROVISIONS
A prior section 3 of Pub. L. 92–367 was renumbered section 4 and is classified to section 467b of this title.
AMENDMENTS
2014—Subsec. (b)(1). Pub. L. 113–121 substituted "maintenance, condition, or provisions for emergency
operations" for "or maintenance".
1996—Pub. L. 104–303 inserted section catchline, designated existing provisions as subsec. (a) and
inserted heading, and added subsec. (b).
EDITORIAL NOTES
PRIOR PROVISIONS
A prior section 4 of Pub. L. 92–367 was renumbered section 5 and is classified to section 467c of this title.
AMENDMENTS
1996—Pub. L. 104–303 inserted section catchline.
1986—Pub. L. 99–662 inserted "In any case in which any hazardous conditions are found during an
inspection, upon request by the owner, the Secretary, acting through the Chief of Engineers, may perform
detailed engineering studies to determine the structural integrity of the dam, subject to reimbursement of such
expense by the owner of such dam."
EDITORIAL NOTES
PRIOR PROVISIONS
A prior section 5 of Pub. L. 92–367 was classified to section 467d of this title prior to repeal by Pub. L.
104–303.
AMENDMENTS
1996—Pub. L. 104–303 inserted section catchline.
EDITORIAL NOTES
PRIOR PROVISIONS
A prior section 467d, Pub. L. 92–367, §5, Aug. 8, 1972, 86 Stat. 507, directed Secretary report to Congress
on or before July 1, 1974, on activities under this subchapter, including in report an inventory of dams in the
United States, a review of each inspection made, recommendations to State Governors and implementation of
those recommendations, recommendations for comprehensive national program for inspection and safety
regulation, and recommendations on responsibilities which should be assumed by Federal, State, and local
governments and by public and private interests, prior to repeal by Pub. L. 104–303, title II, §215(c)(2), Oct.
12, 1996, 110 Stat. 3685.
A prior section 6 of Pub. L. 92–367 was classified to section 467e of this title prior to repeal by Pub. L.
104–303.
AMENDMENTS
2006—Pub. L. 109–460 amended section generally. Prior to amendment, section read as follows: "The
Secretary of the Army, acting through the Chief of Engineers, may maintain and periodically publish updated
information on the inventory of dams in the United States."
§467e. Interagency Committee on Dam Safety
(a) Establishment
There is established an Interagency Committee on Dam Safety—
(1) comprised of a representative of each of the Department of Agriculture, the Department of
Defense, the Department of Energy, the Department of the Interior, the Department of Labor,
FEMA, the Federal Energy Regulatory Commission, the Nuclear Regulatory Commission, the
Tennessee Valley Authority, and the United States Section of the International Boundary
Commission; and
(2) chaired by the Administrator.
(b) Duties
ICODS shall encourage the establishment and maintenance of effective Federal programs,
policies, and guidelines intended to enhance dam safety for the protection of human life and property
through coordination and information exchange among Federal agencies concerning implementation
of the Federal Guidelines for Dam Safety.
(Pub. L. 92–367, §7, as added Pub. L. 104–303, title II, §215(c)(8), Oct. 12, 1996, 110 Stat. 3687;
amended Pub. L. 107–310, §2, Dec. 2, 2002, 116 Stat. 2450; Pub. L. 113–121, title III, §3001(a)(1),
June 10, 2014, 128 Stat. 1282.)
EDITORIAL NOTES
PRIOR PROVISIONS
A prior section 467e, Pub. L. 92–367, §6, Aug. 8, 1972, 86 Stat. 507, directed that existing liabilities and
obligations be unaffected, prior to repeal by Pub. L. 104–303, title II, §215(c)(2), Oct. 12, 1996, 110 Stat.
3685.
A prior section 7 of Pub. L. 92–367 was classified to section 467f of this title prior to repeal by Pub. L.
104–303.
AMENDMENTS
2014—Subsec. (a)(2). Pub. L. 113–121 substituted "Administrator" for "Director".
2002—Subsec. (b). Pub. L. 107–310 substituted "Federal programs" for "Federal and State programs" and
"through coordination and information exchange among Federal agencies concerning implementation of the
Federal Guidelines for Dam Safety." for "through—
"(1) coordination and information exchange among Federal agencies and State dam safety agencies;
and
"(2) coordination and information exchange among Federal agencies concerning implementation of the
Federal Guidelines for Dam Safety."
EDITORIAL NOTES
REFERENCES IN TEXT
Section 467j of this title, referred to in subsec. (e)(1), was in the original "section 13" and was translated as
meaning section 13 of Pub. L. 92–367 prior to its redesignation as section 14 by Pub. L. 113–121,
§3001(d)(1).
The Federal Advisory Committee Act, referred to in subsec. (f)(9), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat.
770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
PRIOR PROVISIONS
A prior section 467f, Pub. L. 92–367, §7, as added Pub. L. 99–662, title XII, §1201(b), Nov. 17, 1986, 100
Stat. 4260; amended Pub. L. 102–580, title II, §209(a), Oct. 31, 1992, 106 Stat. 4830, related to funding for
State dam safety programs, prior to repeal by Pub. L. 104–303, title II, §215(c)(2), Oct. 12, 1996, 110 Stat.
3685.
A prior section 8 of Pub. L. 92–367 was classified to section 467g of this title prior to repeal by Pub. L.
104–303.
AMENDMENTS
2014—Pub. L. 113–121, §3001(a)(1), substituted "Administrator" for "Director" wherever appearing.
Subsec. (c)(4). Pub. L. 113–121, §3001(c)(1), added par. (4) and struck out former par. (4) which read as
follows: "develop and encourage public awareness projects to increase public acceptance and support of State
dam safety programs;".
Subsec. (f)(4). Pub. L. 113–121, §3001(c)(2), inserted ", representatives from nongovernmental
organizations," after "State agencies".
2006—Subsec. (b)(1). Pub. L. 109–460, §1(c)(1), substituted "performance measures, and target dates
toward effectively administering this subchapter in order to" for "and target dates to".
Subsec. (e)(2)(A). Pub. L. 109–460, §1(c)(2)(A), struck out "substantially" after "to include" in introductory
provisions.
Subsec. (e)(2)(A)(iv) to (vi). Pub. L. 109–460, §1(c)(2)(B), (C), added cl. (iv) and redesignated former cls.
(iv) and (v) as (v) and (vi), respectively. Former cl. (vi) redesignated (vii).
Subsec. (e)(2)(A)(vii). Pub. L. 109–460, §1(c)(2)(B), (D), redesignated cl. (vi) as (vii) and inserted "install
and monitor instrumentation," after "remedial work,". Former cl. (vii) redesignated (viii).
Subsec. (e)(2)(A)(viii) to (xi). Pub. L. 109–460, §1(c)(2)(B), redesignated cls. (vii) to (x) as (viii) to (xi),
respectively.
2002—Subsec. (a)(3)(B). Pub. L. 107–310, §3(a)(1), substituted "strategic plan described in subsection (b)"
for "implementation plan described in subsection (e)".
Subsec. (a)(3)(C). Pub. L. 107–310, §3(a)(2), substituted "subsection (e)" for "subsection (f)".
Subsec. (b). Pub. L. 107–310, §3(b), amended heading and text of subsec. (b) generally. Prior to
amendment, text read as follows: "The Director shall—
"(1) not later than 270 days after October 12, 1996, develop the implementation plan described in
subsection (e) of this section;
"(2) not later than 300 days after October 12, 1996, submit to the appropriate authorizing committees
of Congress the implementation plan described in subsection (e) of this section; and
"(3) by regulation, not later than 360 days after October 12, 1996—
"(A) develop and implement the Program;
"(B) establish goals, priorities, and target dates for implementation of the Program; and
"(C) to the extent feasible, provide a method for cooperation and coordination with, and
assistance to, interested governmental entities in all States."
Subsec. (c)(7). Pub. L. 107–310, §3(c), added par. (7).
Subsec. (d)(3)(A). Pub. L. 107–310, §3(d), substituted "and shall be exercised by chairing the Board to
coordinate national efforts to improve the safety of the dams in the United States" for "and shall be exercised
by chairing ICODS to coordinate Federal efforts in cooperation with State dam safety officials".
Subsec. (e). Pub. L. 107–310, §3(e)(1), redesignated subsec. (f) as (e) and struck out heading and text of
former subsec. (e). Text read as follows: "The Director shall—
"(1) develop an implementation plan for the Program that shall set, through fiscal year 2002,
year-by-year targets that demonstrate improvements in dam safety; and
"(2) recommend appropriate roles for Federal agencies and for State and local units of government,
individuals, and private organizations in carrying out the implementation plan."
Subsec. (e)(1). Pub. L. 107–310, §3(f)(1), substituted "the Director shall provide assistance with amounts
made available under section 467j of this title to assist States in establishing, maintaining, and improving dam
safety programs in accordance with the criteria specified in paragraph (2)." for "the Director shall provide
assistance with amounts made available under section 467j of this title to assist States in establishing and
maintaining dam safety programs—
"(A) in accordance with the criteria specified in paragraph (2); and
"(B) in accordance with more advanced requirements and standards established by the Board and the
Director with the assistance of established criteria such as the Model State Dam Safety Program published
by FEMA, numbered 123 and dated April 1987, and amendments to the Model State Dam Safety Program."
Subsec. (e)(2). Pub. L. 107–310, §3(f)(2)(A), in introductory provisions, struck out "primary" after "For a
State to be eligible for" and ", and for a State to be eligible for advanced assistance under this subsection, a
State dam safety program must meet the following criteria and budgeting requirement and be working toward
meeting the advanced requirements and standards established under paragraph (1)(B)" before colon.
Subsec. (e)(2)(A). Pub. L. 107–310, §3(f)(2)(B)(i), substituted "A State" for "For a State to be eligible for
assistance under this subsection, a State" in introductory provisions.
Subsec. (e)(2)(A)(vi). Pub. L. 107–310, §3(f)(2)(B)(ii), inserted "improve security," before "revise
operating procedures,".
Subsec. (e)(3). Pub. L. 107–310, §3(f)(3), substituted "agreement" for "contract" in two places.
Subsec. (f). Pub. L. 107–310, §3(e)(1), redesignated subsec. (h) as (f). Former subsec. (f) redesignated (e).
Subsec. (f)(1). Pub. L. 107–310, §3(g)(1), substituted "The Director shall establish" for "The Director may
establish" and "to monitor the safety of dams in the United States, to monitor State implementation of this
section, and to advise the Director on national dam safety policy" for "to monitor State implementation of this
section".
Subsec. (f)(3). Pub. L. 107–310, §3(g)(2)(A), (B), substituted "Voting membership" for "Membership" in
heading and "11 voting members" for "11 members" in introductory provisions.
Subsec. (f)(3)(F), (G). Pub. L. 107–310, §3(g)(2)(C), added subpars. (F) and (G) and struck out former
subpars. (F) and (G) which read as follows:
"(F) 5 members shall be selected by the Director from among dam safety officials of States; and
"(G) 1 member shall be selected by the Director to represent the United States Committee on Large Dams."
Subsec. (f)(4) to (6). Pub. L. 107–310, §3(g)(3)(B), added pars. (4) to (6). Former pars. (4) to (6)
redesignated (7) to (9), respectively.
Subsec. (f)(7). Pub. L. 107–310, §3(g)(3)(A), redesignated par. (4) as (7).
Subsec. (f)(8). Pub. L. 107–310, §3(g)(4), added par. (8) and struck out heading and text of former par. (8).
Text read as follows: "Each member of the Board shall be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5,
while away from the home or regular place of business of the member in the performance of services for the
Board."
Pub. L. 107–310, §3(g)(3)(A), redesignated par. (5) as (8).
Subsec. (f)(9). Pub. L. 107–310, §3(g)(3)(A), redesignated par. (6) as (9).
Subsec. (g). Pub. L. 107–310, §3(e)(1), struck out heading and text of subsec. (g). Text read as follows: "At
the request of any State that has or intends to develop a State dam safety program, the Director shall provide
training for State dam safety staff and inspectors."
Subsec. (h). Pub. L. 107–310, §3(e)(1), redesignated subsec. (h) as (f).
STATUTORY NOTES AND RELATED SUBSIDIARIES
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the
Federal Emergency Management Agency, including the functions of the Under Secretary for Federal
Emergency Management relating thereto, to the Federal Emergency Management Agency, see section
315(a)(1) of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency,
including the functions of the Administrator of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the
National Dam Safety Program Act which comprises this subchapter.
(C) commit to provide operation and maintenance of the project for the expected life of the
dam following completion of rehabilitation;
(D) comply with such minimum eligibility requirements as the Administrator may establish
to ensure that each owner and operator of a dam under a participating State dam safety program
and that receives assistance under this section—
(i) acts in accordance with the State dam safety program; and
(ii) carries out activities relating to the public in the area around the dam in accordance
with the hazard mitigation plan described in subparagraph (B); and
(E) comply with section 5196(j)(9) of title 42 (as in effect on December 16, 2016) with
respect to projects receiving assistance under this section in the same manner as recipients are
required to comply in order to receive financial contributions from the Administrator for
emergency preparedness purposes.
(3) Hazard mitigation plan criteria
Not later than 1 year after December 27, 2020, the Administrator, in consultation with the
Board, shall publish criteria for hazard mitigation plans required under paragraph (2)(B).
(e) Floodplain management plans
(1) In general
As a condition of receipt of assistance under this section, an eligible subrecipient shall
demonstrate that a floodplain management plan to reduce the impacts of future flood events in the
area protected by the project—
(A) is in place; or
(B) will be—
(i) developed not later than 2 years after the date of execution of a project agreement for
assistance under this section; and
(ii) implemented not later than 2 years after the date of completion of construction of the
project.
(2) Inclusions
A plan under paragraph (1) shall address—
(A) potential measures, practices, and policies to reduce loss of life, injuries, damage to
property and facilities, public expenditures, and other adverse impacts of flooding in the area
protected by the project;
(B) plans for flood fighting and evacuation; and
(C) public education and awareness of flood risks.
(3) Plan criteria and technical support
The Administrator, in consultation with the Board, shall provide criteria, and may provide
technical support, for the development and implementation of floodplain management plans
prepared under this subsection.
(f) Priority system
The Administrator, in consultation with the Board, shall develop a risk-based priority system for
use in identifying eligible high hazard potential dams for which grants may be made under this
section.
(g) Funding
(1) Cost sharing
(A) In general
Any assistance provided under this section for a project shall be subject to a non-Federal
cost-sharing requirement of not less than 35 percent.
(B) In-kind contributions
The non-Federal share under subparagraph (A) may be provided in the form of in-kind
contributions.
(2) Allocation of funds
The total amount of funds made available to carry out this section for each fiscal year shall be
distributed as follows:
(A) Equal distribution
1/3 shall be distributed equally among the States in which the projects for which applications
are submitted under subsection (c)(1) are located.
(B) Need-based
2/3 shall be distributed among the States in which the projects for which applications are
submitted under subsection (c)(1) are located based on the proportion that—
(i) the number of eligible high hazard potential dams in the State; bears to
(ii) the number of eligible high hazard potential dams in all such States.
(h) Use of funds
None of the funds provided in the form of a grant or otherwise made available under this section
shall be used—
(1) to rehabilitate a Federal dam;
(2) to perform routine operation or maintenance of a dam;
(3) to modify a dam to produce hydroelectric power;
(4) to increase water supply storage capacity; or
(5) to make any other modification to a dam that does not also improve the safety of the dam.
(i) Contractual requirements
(1) In general
Subject to paragraph (2), as a condition on the receipt of a grant under this section of an amount
greater than $1,000,000, an eligible subrecipient that receives the grant shall require that each
contract and subcontract for program management, construction management, planning studies,
feasibility studies, architectural services, preliminary engineering, design, engineering, surveying,
mapping, and related services entered into using funds from the grant be awarded in the same
manner as a contract for architectural and engineering services is awarded under—
(A) chapter 11 of title 40; or
(B) an equivalent qualifications-based requirement prescribed by the relevant State.
(2) No proprietary interest
A contract awarded in accordance with paragraph (1) shall not be considered to confer a
proprietary interest upon the United States.
(j) Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1) $10,000,000 for fiscal years 2017 and 2018;
(2) $25,000,000 for fiscal year 2019;
(3) $40,000,000 for fiscal year 2020; and
(4) $60,000,000 for each of fiscal years 2021 through 2026.
(Pub. L. 92–367, §8A, as added Pub. L. 114–322, title IV, §5006(b), Dec. 16, 2016, 130 Stat. 1893;
amended Pub. L. 116–260, div. AA, title I, §132(b), Dec. 27, 2020, 134 Stat. 2645.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Disaster Mitigation Act of 2000, referred to in subsec. (d)(2)(B)(ii), is Pub. L. 106–390, Oct. 30, 2000,
114 Stat. 1552. For complete classification of this Act to the Code, see Short Title of 2000 Amendment note
set out under section 5121 of Title 42, The Public Health and Welfare, and Tables.
AMENDMENTS
2020—Subsec. (a). Pub. L. 116–260, §132(b)(1), substituted "to States with dam safety programs" for "to
non-Federal sponsors".
Subsec. (b). Pub. L. 116–260, §132(b)(2), substituted "to a State may be used by the State to award grants
to eligible subrecipients for" for "a project may be used for" in introductory provisions.
Subsec. (c)(1)(A). Pub. L. 116–260, §132(b)(3)(A), substituted "State" for "non-Federal sponsor".
Subsec. (c)(2)(A). Pub. L. 116–260, §132(b)(3)(B)(i), substituted "eligible high hazard potential dams to a
State" for "an eligible high hazard potential dam to a non-Federal sponsor".
Subsec. (c)(2)(B). Pub. L. 116–260, §132(b)(3)(B)(ii), in heading, substituted "Grant" for "Project grant"
and, in text, substituted "grant agreement with the State" for "project grant agreement with the non-Federal
sponsor" and "projects for which the grant is awarded," for "project,".
Subsec. (c)(2)(C). Pub. L. 116–260, §132(b)(3)(B)(iii), amended subpar. (C) generally. Prior to amendment,
text read as follows: "As part of a project grant agreement under subparagraph (B), the Administrator shall
require the non-Federal sponsor to provide an assurance, with respect to the dam to be rehabilitated under the
project, that the owner of the dam has developed and will carry out a plan for maintenance of the dam during
the expected life of the dam."
Subsec. (c)(2)(D). Pub. L. 116–260, §132(b)(3)(B)(iv), substituted "A State may not award a grant to an
eligible subrecipient under this section that exceeds, for any 1 dam," for "A grant provided under this section
shall not exceed" in introductory provisions.
Subsec. (d)(1). Pub. L. 116–260, §132(b)(4)(A), inserted "to an eligible subrecipient" after "this section".
Subsec. (d)(2). Pub. L. 116–260, §132(b)(4)(B)(i), (ii), substituted "Eligible subrecipient" for "Non-Federal
sponsor" in heading and "an eligible subrecipient shall, with respect to the dam to be rehabilitated by the
eligible subrecipient" for "the non-Federal sponsor shall" in introductory provisions.
Subsec. (d)(2)(A). Pub. L. 116–260, §132(b)(4)(B)(iii), amended subpar. (A) generally. Prior to
amendment, subpar. (A) read as follows: "participate in, and comply with, all applicable Federal flood
insurance programs;".
Subsec. (d)(2)(B). Pub. L. 116–260, §132(b)(4)(B)(iv), substituted "beginning not later than 2 years after
the date on which the Administrator publishes criteria for hazard mitigation plans under paragraph (3),
demonstrate that the Tribal or local government with jurisdiction over the area in which the dam is located
has" for "have" in introductory provisions.
Subsec. (d)(2)(C). Pub. L. 116–260, §132(b)(4)(B)(v), substituted "expected life of the dam" for "50-year
period".
Subsec. (d)(3). Pub. L. 116–260, §132(b)(4)(C), added par. (3).
Subsec. (e)(1). Pub. L. 116–260, §132(b)(5)(A)(i), substituted "an eligible subrecipient" for "non-Federal
sponsor" in introductory provisions.
Subsec. (e)(1)(B). Pub. L. 116–260, §132(b)(5)(A)(ii), substituted "2 years" for "1 year" in cls. (i) and (ii).
Subsec. (e)(3). Pub. L. 116–260, §132(b)(5)(B), added par. (3) and struck out former par. (3). Prior to
amendment, text read as follows: "The Administrator may provide technical support for the development and
implementation of floodplain management plans prepared under this subsection."
Subsec. (i)(1). Pub. L. 116–260, §132(b)(6), substituted "an eligible subrecipient" for "a non-Federal
sponsor" in introductory provisions.
§467g. Research
(a) In general
The Administrator, in cooperation with the Board, shall carry out a program of technical and
archival research to develop and support—
(1) improved techniques, historical experience, and equipment for rapid and effective dam
construction, rehabilitation, and inspection;
(2) devices for the continued monitoring of the safety of dams;
(3) development and maintenance of information resources systems needed to support
managing the safety of dams; and
(4) initiatives to guide the formulation of effective public policy and advance improvements in
dam safety engineering, security, and management.
(b) Consultation
The Administrator shall provide for State participation in research under subsection (a) and
periodically advise all States and Congress of the results of the research.
(Pub. L. 92–367, §9, as added Pub. L. 104–303, title II, §215(c)(8), Oct. 12, 1996, 110 Stat. 3692;
amended Pub. L. 107–310, §4, Dec. 2, 2002, 116 Stat. 2453; Pub. L. 113–121, title III, §3001(a)(1),
June 10, 2014, 128 Stat. 1282.)
EDITORIAL NOTES
PRIOR PROVISIONS
A prior section 467g, Pub. L. 92–367, §8, as added Pub. L. 99–662, title XII, §1201(b), Nov. 17, 1986, 100
Stat. 4261, set out the requisite features of State dam safety programs and provided for program approval and
periodic review, prior to repeal by Pub. L. 104–303, title II, §215(c)(2), Oct. 12, 1996, 110 Stat. 3685.
A prior section 9 of Pub. L. 92–367 was classified to section 467h of this title prior to repeal by Pub. L.
104–303.
AMENDMENTS
2014—Pub. L. 113–121 substituted "Administrator" for "Director" in introductory provisions of subsec. (a)
and in subsec. (b).
2002—Subsec. (a). Pub. L. 107–310, §4(1), in introductory provisions, substituted "in cooperation with the
Board" for "in cooperation with ICODS" and inserted "and support" after "develop".
Subsec. (a)(3), (4). Pub. L. 107–310, §4(2)–(4), added pars. (3) and (4).
EDITORIAL NOTES
PRIOR PROVISIONS
A prior section 10 of Pub. L. 92–367 was renumbered section 12, and is classified to section 467h of this
title.
Another prior section 10 of Pub. L. 92–367 was classified to section 467i of this title prior to repeal by Pub.
L. 104–303.
AMENDMENTS
2014—Pub. L. 113–121 substituted "Administrator" for "Director".
EDITORIAL NOTES
PRIOR PROVISIONS
A prior section 11 of Pub. L. 92–367 was renumbered section 12, and is classified to section 467h of this
title.
Another prior section 11 of Pub. L. 92–367 was classified to section 467j of this title prior to repeal by Pub.
L. 104–303.
§467h. Reports
Not later than 90 days after the end of each odd-numbered fiscal year, the Administrator shall
submit a report to Congress that—
(1) describes the status of the Program;
(2) describes the progress achieved by Federal agencies during the 2 preceding fiscal years in
implementing the Federal Guidelines for Dam Safety;
(3) describes the progress achieved in dam safety by States participating in the Program; and
(4) includes any recommendations for legislative and other action that the Administrator
considers necessary.
(Pub. L. 92–367, §12, formerly §10, as added Pub. L. 104–303, title II, §215(c)(8), Oct. 12, 1996,
110 Stat. 3692; renumbered §11 and amended Pub. L. 107–310, §§5(1), 6, Dec. 2, 2002, 116 Stat.
2453; renumbered §12 and amended Pub. L. 113–121, title III, §3001(a)(1), (d)(1), June 10, 2014,
128 Stat. 1282, 1283.)
EDITORIAL NOTES
PRIOR PROVISIONS
A prior section 467h, Pub. L. 92–367, §9, as added Pub. L. 99–662, title XII, §1201(b), Nov. 17, 1986, 100
Stat. 4262, provided for creation of National Dam Safety Review Board, prior to repeal by Pub. L. 104–303,
title II, §215(c)(2), Oct. 12, 1996, 110 Stat. 3685.
A prior section 12 of Pub. L. 92–367 was renumbered section 13, and is classified to section 467i of this
title.
Another prior section 12 of Pub. L. 92–367 was classified to section 467k of this title prior to repeal by Pub.
L. 104–303.
AMENDMENTS
2014—Pub. L. 113–121, §3001(a)(1), substituted "Administrator" for "Director" in two places.
2002—Pub. L. 107–310, §6, struck out subsec. designations and headings for subsecs. (a) and (b) and text
of subsec. (a) which read as follows: "Not later than 180 days after October 12, 1996, the Director shall report
to Congress on the availability of dam insurance and make recommendations concerning encouraging greater
availability."
EDITORIAL NOTES
PRIOR PROVISIONS
A prior section 467i, Pub. L. 92–367, §10, as added Pub. L. 99–662, title XII, §1201(b), Nov. 17, 1986, 100
Stat. 4262, related to consultation of Federal officers with State officials when dam operated or proposed by
Federal agency is operated or proposed in a State, prior to repeal by Pub. L. 104–303, title II, §215(c)(2), Oct.
12, 1996, 110 Stat. 3685.
A prior section 13 of Pub. L. 92–367 was renumbered section 14, and is classified to section 467j of this
title.
Another prior section 13 of Pub. L. 92–367 was classified to section 467l of this title prior to repeal by Pub.
L. 104–303.
§467j. Authorization of appropriations
(a) National dam safety program
(1) Annual amounts
There are authorized to be appropriated to FEMA to carry out sections 467e, 467f, and 467h of
this title (in addition to any amounts made available for similar purposes included in any other Act
and amounts made available under subsections (b) through (e)), $9,200,000 for each of fiscal years
2019 through 2023, to remain available until expended.
(2) Allocation
(A) In general
Subject to subparagraphs (B) and (C), for each fiscal year, amounts made available under this
subsection to carry out section 467f of this title shall be allocated among the States as follows:
(i) One-third among States that qualify for assistance under section 467f(e) of this title.
(ii) Two-thirds among States that qualify for assistance under section 467f(e) of this title,
to each such State in proportion to—
(I) the number of dams in the State that are listed as State-regulated dams on the
inventory of dams maintained under section 467d of this title; as compared to
(II) the number of dams in all States that are listed as State-regulated dams on the
inventory of dams maintained under section 467d of this title.
(B) Maximum amount of allocation
(i) In general
The amount of funds allocated to a State under this paragraph may not exceed 50 percent
of the reasonable cost of implementing the State dam safety program.
(ii) Fiscal year 2015 and subsequent fiscal years
For fiscal year 2015 and each subsequent fiscal year, the amount of funds allocated to a
State under this paragraph may not exceed the amount of funds committed by the State to
implement dam safety activities.
(C) Determination
The Administrator and the Board shall determine the amount allocated to States.
(b) National dam inventory
There is authorized to be appropriated to carry out section 467d of this title $500,000 for each of
fiscal years 2019 through 2023.
(c) Public awareness
There is authorized to be appropriated to carry out section 467g–2 of this title $1,000,000 for each
of fiscal years 2019 through 2023.
(d) Research
There is authorized to be appropriated to carry out section 467g of this title $1,450,000 for each of
fiscal years 2019 through 2023, to remain until expended.
(e) Dam safety training
There is authorized to be appropriated to carry out section 467g–1 of this title $750,000 for each
of fiscal years 2019 through 2023.
(f) Staff
There is authorized to be appropriated to FEMA for the employment of such additional staff
personnel as are necessary to carry out sections 467f through 467g–1 of this title $1,000,000 for each
of fiscal years 2019 through 2023.
(g) Limitation on use of amounts
Amounts made available under this subchapter may not be used to construct or repair any Federal
or non-Federal dam.
(Pub. L. 92–367, §14, formerly §12, as added Pub. L. 104–303, title II, §215(c)(8), Oct. 12, 1996,
110 Stat. 3693; renumbered §13 and amended Pub. L. 107–310, §§5(1), 7, Dec. 2, 2002, 116 Stat.
2453; Pub. L. 109–460, §1(d), Dec. 22, 2006, 120 Stat. 3401; renumbered §14 and amended Pub. L.
113–121, title III, §3001(a)(1), (d)(1), (e), (f), June 10, 2014, 128 Stat. 1282–1284; Pub. L. 115–270,
title I, §1163, Oct. 23, 2018, 132 Stat. 3796.)
EDITORIAL NOTES
PRIOR PROVISIONS
A prior section 467j, Pub. L. 92–367, §11, as added Pub. L. 99–662, title XII, §1201(b), Nov. 17, 1986, 100
Stat. 4262; amended Pub. L. 102–580, title II, §209(b), Oct. 31, 1992, 106 Stat. 4830, related to training for
State dam safety inspectors, prior to repeal by Pub. L. 104–303, title II, §215(c)(2), Oct. 12, 1996, 110 Stat.
3685.
A prior section 14 of Pub. L. 92–367 was classified to section 467m of this title prior to repeal by Pub. L.
104–303.
AMENDMENTS
2018—Pub. L. 115–270 substituted "2019 through 2023" for "2015 through 2019" wherever appearing.
2014—Subsec. (a)(1). Pub. L. 113–121, §3001(f), made technical amendment to reference in original act
which appears in text as reference to section 467h of this title.
Pub. L. 113–121, §3001(e)(1)(A), substituted "$9,200,000 for each of fiscal years 2015 through 2019" for
"$6,500,000 for fiscal year 2007, $7,100,000 for fiscal year 2008, $7,600,000 for fiscal year 2009, $8,300,000
for fiscal year 2010, and $9,200,000 for fiscal year 2011".
Subsec. (a)(2)(B). Pub. L. 113–121, §3001(e)(1)(B), designated existing provisions as cl. (i), inserted
heading, and added cl. (ii).
Subsec. (a)(2)(C). Pub. L. 113–121, §3001(a)(1), substituted "Administrator" for "Director".
Subsec. (b). Pub. L. 113–121, §3001(e)(2), substituted "$500,000 for each of fiscal years 2015 through
2019" for "$650,000 for fiscal year 2007, $700,000 for fiscal year 2008, $750,000 for fiscal year 2009,
$800,000 for fiscal year 2010, and $850,000 for fiscal year 2011".
Subsec. (c). Pub. L. 113–121, §3001(e)(3)(B), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 113–121, §3001(e)(4), substituted "$1,450,000 for each of fiscal years 2015 through
2019" for "$1,600,000 for fiscal year 2007, $1,700,000 for fiscal year 2008, $1,800,000 for fiscal year 2009,
$1,900,000 for fiscal year 2010, and $2,000,000 for fiscal year 2011".
Pub. L. 113–121, §3001(e)(3)(A), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 113–121, §3001(e)(5), substituted "$750,000 for each of fiscal years 2015 through
2019" for "$550,000 for fiscal year 2007, $600,000 for fiscal year 2008, $650,000 for fiscal year 2009,
$700,000 for fiscal year 2010, and $750,000 for fiscal year 2011".
Pub. L. 113–121, §3001(e)(3)(A), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 113–121, §3001(e)(6), substituted "$1,000,000 for each of fiscal years 2015 through
2019" for "$700,000 for fiscal year 2007, $800,000 for fiscal year 2008, $900,000 for fiscal year 2009,
$1,000,000 for fiscal year 2010, and $1,100,000 for fiscal year 2011".
Pub. L. 113–121, §3001(e)(3)(A), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 113–121, §3001(e)(3)(A), redesignated subsec. (f) as (g).
2006—Subsec. (a)(1). Pub. L. 109–460, §1(d)(1), substituted "$6,500,000 for fiscal year 2007, $7,100,000
for fiscal year 2008, $7,600,000 for fiscal year 2009, $8,300,000 for fiscal year 2010, and $9,200,000 for
fiscal year 2011" for "$6,000,000 for each of fiscal years 2003 through 2006".
Subsec. (b). Pub. L. 109–460, §1(d)(2), substituted "$650,000 for fiscal year 2007, $700,000 for fiscal year
2008, $750,000 for fiscal year 2009, $800,000 for fiscal year 2010, and $850,000 for fiscal year 2011" for
"$500,000 for each fiscal year".
Subsec. (c). Pub. L. 109–460, §1(d)(3), substituted "$1,600,000 for fiscal year 2007, $1,700,000 for fiscal
year 2008, $1,800,000 for fiscal year 2009, $1,900,000 for fiscal year 2010, and $2,000,000 for fiscal year
2011" for "$1,500,000 for each of fiscal years 2003 through 2006".
Subsec. (d). Pub. L. 109–460, §1(d)(4), substituted "$550,000 for fiscal year 2007, $600,000 for fiscal year
2008, $650,000 for fiscal year 2009, $700,000 for fiscal year 2010, and $750,000 for fiscal year 2011" for
"$500,000 for each of fiscal years 2003 through 2006".
Subsec. (e). Pub. L. 109–460, §1(d)(5), substituted "$700,000 for fiscal year 2007, $800,000 for fiscal year
2008, $900,000 for fiscal year 2009, $1,000,000 for fiscal year 2010, and $1,100,000 for fiscal year 2011" for
"$600,000 for each of fiscal years 2003 through 2006".
2002—Subsec. (a)(1). Pub. L. 107–310, §7(a)(2), substituted "$6,000,000 for each of fiscal years 2003
through 2006, to remain available until expended" for "$1,000,000 for fiscal year 1998, $2,000,000 for fiscal
year 1999, $4,000,000 for fiscal year 2000, $4,000,000 for fiscal year 2001, and $4,000,000 for fiscal year
2002".
Pub. L. 107–310, §7(a)(1), made technical amendment to reference in original act which appears in text as
reference to section 467h of this title.
Subsec. (a)(2)(A)(i), (ii). Pub. L. 107–310, §7(b)(1), substituted "section 467f(e)" for "section 467f(f)".
Subsec. (a)(2)(C). Pub. L. 107–310, §7(b)(2), struck out "needing primary assistance and States needing
advanced assistance under section 467f(f) of this title" before period at end.
Subsecs. (c) to (e). Pub. L. 107–310, §7(c), added subsecs. (c) to (e) and struck out former subsecs. (c) to
(e) which authorized appropriations for fiscal years 1998 through 2002 for dam safety training, research, and
staff.
§§467k to 467m. Repealed. Pub. L. 104–303, title II, §215(c)(2), Oct. 12, 1996, 110
Stat. 3685
Section 467k, Pub. L. 92–367, §12, as added Pub. L. 99–662, title XII, §1201(b), Nov. 17, 1986, 100 Stat.
4262; amended Pub. L. 100–418, title V, §5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 102–580, title II,
§209(c), Oct. 31, 1992, 106 Stat. 4830, related to development of improved dam inspection techniques.
Section 467l, Pub. L. 92–367, §13, as added Pub. L. 99–662, title XII, §1201(b), Nov. 17, 1986, 100 Stat.
4262; amended Pub. L. 102–580, title II, §209(d), Oct. 31, 1992, 106 Stat. 4830, related to dam inventory
updates.
Section 467m, Pub. L. 92–367, §14, as added Pub. L. 99–662, title XII, §1201(b), Nov. 17, 1986, 100 Stat.
4263, provided that inspection funds were not to be used for repair or construction of any dam.
(b) Nothing in this section affects the authority of the Secretary to perform work pursuant to
Public Law 84–99, as amended (33 U.S.C. 701n) or cost sharing for such work.
(Pub. L. 99–662, title XII, §1203, Nov. 17, 1986, 100 Stat. 4263.)
EDITORIAL NOTES
REFERENCES IN TEXT
Public Law 98–404, referred to in subsec. (a)(1), is Pub. L. 98–404, Aug. 28, 1984, 98 Stat. 1481, known as
The Reclamation Safety of Dams Act Amendments of 1984, which amended sections 508 and 509 of Title 43,
Public Lands. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set
out under section 506 of Title 43 and Tables.
Public Law 84–99, referred to in subsec. (b), is act June 28, 1955, ch. 194, 69 Stat. 186, which amended
section 701n of this title.
CODIFICATION
Section was enacted as part of the Dam Safety Act of 1986, and also as part of the Water Resources
Development Act of 1986, and not as part of the National Dam Safety Program Act which comprises this
subchapter.
EDITORIAL NOTES
CODIFICATION
Section, act Mar. 4, 1915, ch. 142, §7, 38 Stat. 1053; Aug. 4, 1949, ch. 393, §§1, 20, 63 Stat. 496, 561; Pub.
L. 89–670, §6(b)(1), Oct. 15, 1966, 80 Stat. 938; Pub. L. 97–449, §2(d)(1), Jan. 12, 1983, 96 Stat. 2440; Pub.
L. 109–241, title IX, §902(j), July 11, 2006, 120 Stat. 568; Pub. L. 111–281, title III, §301, Oct. 15, 2010, 124
Stat. 2923, was redesignated and transferred to section 70006 of Title 46, Shipping, by Pub. L. 116–283, div.
G, title LVXXXV [LXXXV], §8501(a)(6), Jan. 1, 2021, 134 Stat. 4745.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
"Commandant of the Coast Guard" and "Coast Guard" substituted in text for "Commissioner of
Lighthouses" and "Lighthouse Service", respectively, on authority of Reorg. Plan No. II of 1939, §2(a), set out
in the Appendix to Title 5, Government Organization and Employees, which transferred and consolidated the
Bureau of Lighthouses (of which the Lighthouse Service was a part and of which the Commissioner of
Lighthouses was the head) and its functions with the Coast Guard (of which the Commandant was the Chief).
For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with
certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§1,
2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government
Organization and Employees. Functions of Coast Guard, and Commandant of Coast Guard, excepted from
transfer when Coast Guard is operating as part of Navy under former sections 1 and 3 (now 101 and 103) of
Title 14, Coast Guard.
EDITORIAL NOTES
REFERENCES IN TEXT
Chapter 4 of this title, referred to in last par., was in the original "the Act entitled 'An Act to regulate
navigation on the Great Lakes, and their connecting and tributary waters as far east as Montreal,' approved
February eighth, eighteen hundred and ninety-five", which was classified generally to chapter 4 (§241 et seq.)
of this title and was repealed by Pub. L. 96–591, §8(b), Dec. 24, 1980, 94 Stat. 3435, eff. Mar. 1, 1983,
pursuant to 47 F.R. 15135, Apr. 8, 1982. See section 7 of Pub. L. 96–591, set out as an Effective Date of 1980
Amendment note under section 1604 of this title.
EDITORIAL NOTES
CODIFICATION
Section is from the Naval Appropriation Act for 1913.
EXECUTIVE DOCUMENTS
ADMISSION OF HAWAII AS STATE
Admission of Hawaii into the Union was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug.
21, 1959, 24 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86–3, Mar. 18, 1959, 73
Stat. 4, set out as notes preceding section 491 of Title 48, Territories and Insular Possessions.
(b) Notwithstanding any other provision of law, on and after October 18, 1977, no officer,
employee, or other official of the Federal Government shall, or shall have authority to, issue, renew,
grant, or otherwise approve any permit, license, or other authority for constructing, renovating,
modifying, or otherwise altering a terminal, dock, or other facility in, on, or immediately adjacent to,
or affecting the navigable waters of Puget Sound, or any other navigable waters in the State of
Washington east of Port Angeles, which will or may result in any increase in the volume of crude oil
capable of being handled at any such facility (measured as of October 18, 1977), other than oil to be
refined for consumption in the State of Washington.
(Pub. L. 95–136, §5, Oct. 18, 1977, 91 Stat. 1168.)
EDITORIAL NOTES
AMENDMENTS
2016—Pub. L. 114–120 substituted "Secretary of the department in which the Coast Guard is operating" for
"Secretary of Transportation".
1984—Pub. L. 98–557 substituted "for the Secretary's approval, nor until the Secretary" for "and Chief of
Engineers for their approval, nor until they" and struck out "by the Chief of Engineers and" after "have been
approved", "of the Chief of Engineers and" after "received the approval", and "of Transportation" after "by the
Secretary" and after "of the Secretary".
1983—Pub. L. 97–449 substituted "Secretary of Transportation" for "Secretary of War" wherever
appearing. See Transfer of Functions note below.
1982—Pub. L. 97–322 inserted sentence at end relating to exemption.
EDITORIAL NOTES
PRIOR PROVISIONS
Act July 5, 1884, ch. 229, §8, 23 Stat. 148, relating to authority of Secretary of War to require owners of
bridges which obstruct navigation to relieve the situation or be penalized, was probably omitted from the Code
as superseded by this section and section 495 of this title, which by section 498b of this title were made
applicable to bridges authorized prior to March 23, 1906.
Section would seem to supersede a provision of act Aug. 7, 1882, ch. 433, §1, 22 Stat. 309, which read as
follows: "That all parties owning, occupying, or operating bridges over any navigable river shall maintain at
their own expense, from sunset to sunrise, throughout the year, such lights on their bridges as may be required
by the Light-House Board for the security of navigation: and in addition thereto all persons owning,
occupying, or operating any bridge over any navigable river shall, in any event, maintain all lights on their
bridge that may be necessary for the security of navigation."
AMENDMENTS
2016—Pub. L. 114–120 substituted "Secretary of the department in which the Coast Guard is operating" for
"Secretary of Homeland Security" in two places.
2010—Pub. L. 111–281 amended directory language of Pub. L. 109–241, §902(k). See 2006 Amendment
note below.
2006—Pub. L. 109–241, §902(k), as amended by Pub. L. 111–281, substituted "Secretary of Homeland
Security" for "Secretary of Transportation" in two places.
1987—Pub. L. 100–17 struck out last sentence relating to tolls.
1983—Pub. L. 97–449 substituted "Secretary of Transportation" for "Secretary of War" wherever
appearing. See Transfer of Functions note below.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with
certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§1,
2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government
Organization and Employees. Functions of Coast Guard, and Commandant of Coast Guard, excepted from
transfer when Coast Guard is operating as part of Navy under former sections 1 and 3 (now 101 and 103) of
Title 14, Coast Guard.
"Commandant of the Coast Guard" substituted in text for "Secretary of Commerce" on authority of Reorg.
Plan No. 3 of 1946, §§101 to 104, set out in the Appendix to Title 5, Government Organization and
Employees.
EDITORIAL NOTES
REFERENCES IN TEXT
Act of March 23, 1906 (33 U.S.C. 491 et seq.), popularly known as the Bridge Act of 1906, referred to in
text, is act Mar. 23, 1906, ch. 1130, 34 Stat. 84, which enacted sections 491 to 494 and 495 to 498 of this title.
For complete classification of this Act of the Code, see Short Title note set out under section 491 of this title
and Tables.
AMENDMENTS
2012—Pub. L. 112–213 amended section generally. Prior to amendment, text read as follows: "The
Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a
comprehensive study on the proposed construction or alteration of any bridge, drawbridge, or causeway over
navigable waters with a channel depth of 25 feet or greater of the United States that may impede or obstruct
future navigation to or from port facilities."
EDITORIAL NOTES
CODIFICATION
The words "district court" were substituted for "circuit court," upon incorporation into the Code, the Circuit
Courts being abolished by act Mar. 3, 1911, and their powers and duties transferred to the district courts by
section 291 of that act.
AMENDMENTS
2018—Subsec. (b). Pub. L. 115–232 struck out "$5,000 for a violation occurring in 2004; $10,000 for a
violation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in
2007; and" after "civil penalty of not more than".
2016—Pub. L. 114–120 substituted "Secretary of the department in which the Coast Guard is operating" for
"Secretary of Transportation" wherever appearing.
2004—Subsec. (b). Pub. L. 108–293 substituted "$5,000 for a violation occurring in 2004; $10,000 for a
violation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in
2007; and $25,000 for a violation occurring in 2008 and any year thereafter" for "$1,000".
1983—Subsec. (a). Pub. L. 97–449 substituted "Secretary of Transportation" for "Secretary of War"
wherever appearing. See Transfer of Functions note below.
1982—Subsec. (a). Pub. L. 97–322, §108(c)(1)–(3), designated existing provisions as subsec. (a), provided
for punishment of persons who shall "willfully" fail to comply with lawful orders, and struck out "shall be
deemed guilty of a violation of said sections, and any persons who shall be guilty of a violation of said
sections" before "shall be deemed guilty of a misdemeanor".
Subsec. (b). Pub. L. 97–322, §108(c)(4), added subsec. (b).
§498a. Repealed. Pub. L. 100–17, title I, §135(b), Apr. 2, 1987, 101 Stat. 174
Section, act June 10, 1930, ch. 441, §17, 46 Stat. 552, provided that, in the case of bridges authorized prior
to June 10, 1930, by Acts of Congress, where Congress has specifically reserved the right to regulate tolls,
such bridges, with respect to regulation of all tolls, be subject to sections 491 to 494 and 495 to 498 of this
title.
§498b. Repealed. Pub. L. 100–17, title I, §135(c), Apr. 2, 1987, 101 Stat. 174
Section, act June 27, 1930, ch. 640, §1, 46 Stat. 821, provided that, in case of any bridge authorized prior to
Mar. 23, 1906, by Act of Congress, where Congress has specifically reserved the right to alter, amend, or
repeal such Act, regulation of all tolls be subject to sections 491 to 494 and 495 to 498 of this title.
(B) the bridge owner, except a railroad bridge owner, shall notify—
(i) the public by publishing notice of the temporary change in a newspaper of general
circulation published in the place where the bridge is located;
(ii) the department, agency, or office of transportation with jurisdiction over the roadway
that abuts the approaches to the bridge; and
(iii) the law enforcement organization with jurisdiction over the roadway that abuts the
approaches to the bridge; or
(2) is denied, the Secretary of the department in which the Coast Guard is operating shall—
(A) not later than 10 days after the date of receipt of the request, provide the bridge owner in
writing the reasons for the denial, including any supporting data and evidence used to make the
determination; and
(B) provide the bridge owner a reasonable opportunity to address each reason for the denial
and resubmit the request.
(e) Drawbridge movements
The Secretary of the department in which the Coast Guard is operating—
(1) shall require a drawbridge operator to record each movement of the drawbridge in a
logbook;
(2) may inspect the logbook to ensure drawbridge movement is in accordance with the posted
operating schedule;
(3) shall review whether deviations from the posted operating schedule are impairing vehicular
and pedestrian traffic; and
(4) may determine if the operating schedule should be adjusted for efficiency of maritime or
vehicular and pedestrian traffic.
(f) Requirements
(1) Logbooks
An operator of a drawbridge built across a navigable river or other water of the United States—
(A) that opens the draw of such bridge for the passage of a vessel, shall record in a logbook—
(i) the bridge identification and date of each opening;
(ii) the bridge tender or operator for each opening;
(iii) each time it is opened for navigation;
(iv) each time it is closed for navigation;
(v) the number and direction of vessels passing through during each opening;
(vi) the types of vessels passing through during each opening;
(vii) an estimated or known size (height, length, and beam) of the largest vessel passing
through during each opening;
(viii) for each vessel, the vessel name and registration number if easily observable; and
(ix) all maintenance openings, malfunctions, or other comments; and
(B) that remains open to navigation but closes to allow for trains to cross, shall record in a
logbook—
(i) the bridge identification and date of each opening and closing;
(ii) the bridge tender or operator;
(iii) each time it is opened to navigation;
(iv) each time it is closed to navigation; and
(v) all maintenance openings, closings, malfunctions, or other comments.
(2) Maintenance of logbooks
A drawbridge operator shall maintain logbooks required under paragraph (1) for not less than 5
years.
(3) Submission of logbooks
At the request of the Secretary of the department in which the Coast Guard is operating, a
drawbridge operator shall submit to the Secretary the logbook required under paragraph (1) as the
Secretary considers necessary to carry out this section.
(4) Exemption
The requirements under paragraph (1) shall be exempt from sections 3501 to 3521 of title 44.
(Aug. 18, 1894, ch. 299, §5, 28 Stat. 362; June 13, 1902, ch. 1079, §6, 32 Stat. 374; Pub. L. 90–578,
title IV, §402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 97–322, title I, §108(a), Oct. 15, 1982, 96
Stat. 1582; Pub. L. 97–449, §2(d)(1), Jan. 12, 1983, 96 Stat. 2440; Pub. L. 100–448, §21, Sept. 28,
1988, 102 Stat. 1846; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117; Pub. L.
108–293, title VI, §601(b), Aug. 9, 2004, 118 Stat. 1050; Pub. L. 114–120, title III, §306(b)(3), Feb.
8, 2016, 130 Stat. 55; Pub. L. 115–282, title VIII, §832, Dec. 4, 2018, 132 Stat. 4316.)
EDITORIAL NOTES
CODIFICATION
The last proviso of subsec. (a) of this section was from a part of section 6 of act June 13, 1902, which reads
as follows: "Any regulations heretofore or hereafter prescribed by the Secretary of War in pursuance of the
fourth and fifth sections of the river and harbor Act of August eighteenth, eighteen hundred and ninety-four
[this section and section 1 of this title], and any regulations hereafter prescribed in pursuance of the aforesaid
section four as amended by section eleven of this Act [section 1 of this title], may be enforced as provided in
section seventeen of the river and harbor Act of March third, eighteen hundred and ninety-nine [section 413 of
this title], the provisions whereof are hereby made applicable to the said regulations."
The last paragraph of section 1 of this title is also from a part of section 6 of act June 13, 1902.
Except for the last proviso of subsec. (a), this section was from act Aug. 18, 1894.
AMENDMENTS
2018—Subsecs. (d) to (f). Pub. L. 115–282 added subsecs. (d) to (f).
2016—Pub. L. 114–120 substituted "Secretary of the department in which the Coast Guard is operating" for
"Secretary of Transportation" wherever appearing.
2004—Subsec. (c). Pub. L. 108–293 substituted "$5,000 for a violation occurring in 2004; $10,000 for a
violation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in
2007; and $25,000 for a violation occurring in 2008 and any year thereafter" for "$1,000".
1988—Subsec. (a). Pub. L. 100–448 inserted at end "Any rules and regulations made in pursuance of this
section shall, to the extent practical and feasible, provide for regularly scheduled openings of drawbridges
during seasons of the year, and during times of the day, when scheduled openings would help reduce motor
vehicle traffic delays and congestion on roads and highways linked by drawbridges."
1983—Subsec. (a). Pub. L. 97–449 substituted "Secretary of Transportation" for "Secretary of War"
wherever appearing. See Transfer of Functions note below.
1982—Subsec. (a). Pub. L. 97–322, §108(a)(1)–(4), designated existing provisions as subsec. (a); struck out
from second sentence after "boats," the clause "or who shall unreasonably delay the opening of said draw after
reasonable signal shall have been given,"; substituted in first proviso "subsection" for "section"; and in second
proviso provided for punishment of "willful" violation of rules and regulations.
Subsecs. (b), (c). Pub. L. 97–322, §108(a)(5), added subsecs. (b) and (c).
EDITORIAL NOTES
CODIFICATION
Section was from the River and Harbor Appropriation Act of 1888.
§501. Omitted
EDITORIAL NOTES
CODIFICATION
Section, R.S. §5250, gave assent of Congress to construction of bridges across the Maquoketa River in
Iowa.
EDITORIAL NOTES
CODIFICATION
Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899".
The words "or from the existing circuit courts," which followed "district courts" in the proviso were
superseded by the abolition of the circuit courts and the transfer of their jurisdiction to the district courts, by
act Mar. 3, 1911.
PRIOR PROVISIONS
This section superseded act Aug. 11, 1888, ch. 860, §§9, 10, 25 Stat. 424, as amended by act Sept. 19, 1890,
ch. 907, §§4, 5, 26 Stat. 453, which required the Secretary of War to provide against obstructions to
navigation by bridges, and prescribed a punishment on the owner's default in making the required alterations.
The Secretary of War was authorized to make the required changes in bridges obstructing navigation on the
owner's failure to do so, and the Attorney General was required to institute proceedings against the owner for
the recovery of the cost of such changes, by act July 5, 1884, ch. 229, §8, 23 Stat. 148.
AMENDMENTS
2016—Subsecs. (a), (c). Pub. L. 114–120 substituted "Secretary of the department in which the Coast
Guard is operating" for "Secretary of Transportation" wherever appearing.
2004—Subsec. (c). Pub. L. 108–293 substituted "$5,000 for a violation occurring in 2004; $10,000 for a
violation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in
2007; and $25,000 for a violation occurring in 2008 and any year thereafter" for "$1,000".
1982—Subsec. (a). Pub. L. 97–322 designated existing provisions as subsec. (a), substituted "Secretary of
Transportation" for "Secretary of War" wherever appearing, and struck out "recommended by the Chief of
Engineers" after "specify the charges".
Subsecs. (b), (c). Pub. L. 97–322 added subsecs. (b) and (c).
1948—Act June 25, 1948, §39, repealed proviso at end relating to appeals. See sections 1252 and 1253 of
title 28.
§503 to 507. Repealed. Pub. L. 100–17, title I, §135(d), Apr. 2, 1987, 101 Stat. 174
Section 503, act Aug. 21, 1935, ch. 597, §1, 49 Stat. 670, provided that, on and after Aug. 21, 1935, tolls
over any bridge over any of the navigable waters of the United States, if such bridge is used for travel or
transportation in interstate or foreign commerce, be just and reasonable and specified bridges to which
sections 503 to 507 of this title not apply.
Section 504, acts Aug. 21, 1935, ch. 597, §2, 49 Stat. 671; Jan. 12, 1983, Pub. L. 97–449, §2(d)(1), 96 Stat.
2440, authorized Secretary of Transportation to determine reasonableness of any toll charged for passage or
transit over any bridge to which sections 503 to 507 of this title applied and to prescribe an order establishing
a reasonable toll, which order was to take effect thirty days after issuance.
Section 505, acts Aug. 21, 1935, ch. 597, §3, 49 Stat. 671; June 25, 1948, ch. 646, §32(a), 62 Stat. 991;
May 24, 1949, ch. 139, §127, 63 Stat. 107; Jan. 12, 1983, Pub. L. 97–449, §2(d)(1), 96 Stat. 2440, provided
for judicial review of orders of the Secretary of Transportation prescribing reasonable tolls.
Section 506, acts Aug. 21, 1935, ch. 597, §4, 49 Stat. 671; Oct. 15, 1970, Pub. L. 91–452, title II, §235, 84
Stat. 930; Jan. 12, 1983, Pub. L. 97–449, §2(d)(1), 96 Stat. 2440, authorized Secretary of Transportation to
hold hearings in determining reasonableness of tolls, to require attendance of witnesses, and to punish
witnesses for failure to attend such hearings.
Section 507, act Aug. 21, 1935, ch. 597, §5, 49 Stat. 672, related to punishment for failure to obey an order
prescribing toll.
§508. Amount of tolls
Tolls for passage or transit over any bridge constructed under the authority of the Act of March
23, 1906, commonly known as the "Bridge Act of 1906", the General Bridge Act of 1946 [33 U.S.C.
525 et seq.], and the International Bridge Act of 1972 [33 U.S.C. 535 et seq.] shall be just and
reasonable.
(Pub. L. 100–17, title I, §135(i), Apr. 2, 1987, 101 Stat. 174.)
EDITORIAL NOTES
REFERENCES IN TEXT
Act of March 23, 1906, commonly known as the "Bridge Act of 1906", referred to in text, is act Mar. 23,
1906, ch. 1130, 34 Stat. 84, as amended, which enacted sections 491 to 494 and 495 to 498 of this title. For
complete classification of this Act of the Code, see Short Title note set out under section 491 of this title and
Tables.
The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as
amended, which is classified generally to subchapter III (§525 et seq.) of this chapter. For complete
classification of this Act to the Code, see Short Title note set out under section 525 of this title and Tables.
The International Bridge Act of 1972, referred to in text, is Pub. L. 92–434, Sept. 26, 1972, 86 Stat. 731, as
amended, which is classified principally to subchapter IV (§535 et seq.) of this chapter. For complete
classification of this Act to the Code, see Short Title note set out under section 535 of this title and Tables.
§511. Definitions
When used in this subchapter, unless the context indicates otherwise—
The term "alteration" includes changes of any kind, reconstruction, or removal in whole or in part.
The term "bridge" means a lawful bridge over navigable waters of the United States, including
approaches, fenders, and appurtenances thereto, which is used and operated for the purpose of
carrying railroad traffic, or both railroad and highway traffic, or if a State, county, municipality, or
other political subdivision is the owner or joint owner thereof, which is used and operated for the
purpose of carrying highway traffic.
The term "bridge owner" means any State, county, municipality, or other political subdivision, or
any corporation, association, partnership, or individual owning, or jointly owning, any bridge, and,
when any bridge shall be in the possession or under the control of any trustee, receiver, trustee in a
case under title 11, or lessee, such terms shall include both the owner of the legal title and the person
or the entity in possession or control of such bridge.
The term "Secretary" means the Secretary of the department in which the Coast Guard is
operating.
The term "United States", when used in a geographical sense, includes the Territories and
possessions of the United States.
(June 21, 1940, ch. 409, §1, 54 Stat. 497; July 16, 1952, ch. 889, §1, 66 Stat. 732; Pub. L. 95–598,
title III, §323, Nov. 6, 1978, 92 Stat. 2679; Pub. L. 97–449, §2(d)(2), Jan. 12, 1983, 96 Stat. 2440;
Pub. L. 114–120, title III, §306(b)(4)(A), Feb. 8, 2016, 130 Stat. 55.)
EDITORIAL NOTES
AMENDMENTS
2016—Pub. L. 114–120 substituted "Secretary of the department in which the Coast Guard is operating" for
"Secretary of Transportation".
1983—Pub. L. 97–449 substituted provision that the term "Secretary" means the Secretary of
Transportation for provision that it meant the Secretary of War acting directly or through the Chief of
Engineers.
1978—Pub. L. 95–598 substituted in definition of "bridge owner" the phrase "trustee in a case under title
11" for "trustee in bankruptcy".
1952—Act of July 16, 1952, redefined "bridge" and "bridge owner".
EDITORIAL NOTES
AMENDMENTS
2016—Pub. L. 114–120 substituted "Secretary of the department in which the Coast Guard is operating" for
"Secretary of Transportation".
1976—Pub. L. 94–587 substituted provision for preparation and submission of general plans and
specifications within a reasonable time as prescribed by the Secretary after the service of an order for
provision for such action within ninety days after service of his order.
EDITORIAL NOTES
AMENDMENTS
1958—Pub. L. 85–640 struck out provisions which required bridge owner to take bids within 90 days after
notification of approval of general plans and specifications, and inserted provisions permitting the taking of
partial bids where funds have been appropriated for part of a project, and requiring the bridge owner, if
requested, to submit a revised guaranty of cost.
EDITORIAL NOTES
AMENDMENTS
1958—Pub. L. 85–640 permitted issuance of an order of apportionment of cost for entire alteration based
on the accepted bid for first part of alteration and an estimate of cost for remainder of work where bridge
owner proceeds with alteration on a successive partial bid basis.
1952—Act July 16, 1952, made railroads share equally with proprietors of highways in bearing cost of
alterations necessary to remove obstacles to navigation.
EDITORIAL NOTES
AMENDMENTS
2016—Pub. L. 114–120 substituted "Secretary of the department in which the Coast Guard is operating" for
"Secretary of Transportation" wherever appearing.
1983—Pub. L. 97–449 substituted "Secretary of Transportation" for "Secretary of War" wherever
appearing, which substitution had previously been made by Pub. L. 91–605. See, also, Transfer of Functions
note below.
1970—Pub. L. 91–605 substituted provision permitting Secretary of Transportation to make payments for
design work performed prior to the actual commencement of bridge alteration but after the order to alter has
been issued for provision requiring Secretary of War to approve alteration plans, the cost guaranty, the fixing
of proportionate shares as between the United States and bridge owner, and the commencement of the
alteration, before the Chief of Engineers may make payments for bridge alteration, inserted reference to
Secretary of Transportation in second sentence, and substituted "Secretary of Transportation" for "Secretary of
War" in third sentence.
1958—Pub. L. 85–640 struck out provisions which required Secretary of War to furnish to Secretary of the
Treasury a certified copy of his approval of the plans and specifications and guaranty, and of his order fixing
the proportionate shares, and which required the Secretary of the Treasury to set aside the share of the United
States for the project.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
"Fiscal Service" substituted in text for "Division of Disbursement" on authority of section 1(a)(1) of Reorg.
Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 5,
Government Organization and Employees, which consolidated such division into Fiscal Service of
Department of the Treasury. See section 306 of Title 31, Money and Finance.
EDITORIAL NOTES
CODIFICATION
"Section 1254 of title 28" substituted in text for "sections 239 and 240 of the Judicial Code, as amended" on
authority of act June 25, 1948, ch. 646, 62 Stat. 869, section 1 of which enacted Title 28, Judiciary and
Judicial Procedure. Prior to the enactment of Title 28, sections 239 and 240 of the Judicial Code were
classified to sections 346 and 347 of Title 28.
§522. Repealed. Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8507(b), Jan.
1, 2021, 134 Stat. 4754
Section, act June 21, 1940, ch. 409, §12, 54 Stat. 501, related to applicability of certain provisions of law
existing in 1940.
EDITORIAL NOTES
AMENDMENTS
2016—Pub. L. 114–120 substituted "Secretary of the department in which the Coast Guard is operating" for
"Secretary of Transportation".
1983—Pub. L. 97–449 substituted "Secretary of Transportation" for "Secretary of War". See Transfer of
Functions note below.
1952—Act July 16, 1952, struck out "used for railroad traffic" after "owner of any bridge".
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in text, is act July 16, 1952, ch. 889, 66 Stat. 732, which enacted this section and
amended sections 511, 516, and 523 of this title. For complete classification of this Act to the Code, see
Tables.
CODIFICATION
Section was not enacted as part of act June 21, 1940, ch. 409, 54 Stat. 497, which comprises this
subchapter.
"Subchapter II of chapter 5, and chapter 7, of title 5" and "section 552 of title 5" substituted in text for "the
Administrative Procedure Act (60 Stat. 237)" and "section 3 thereof", respectively, on authority of Pub. L.
89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government
Organization and Employees.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Bureau of Public Roads within General Services Administration transferred to Department of Commerce by
section 1 of Reorg. Plan No. 7 of 1949.
For transfer of functions of other officers, employees, and agencies of Department of Commerce, with
certain exceptions, to Secretary of Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, §§1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization
and Employees.
§526. Repealed. Pub. L. 100–17, title I, §135(e), Apr. 2, 1987, 101 Stat. 174
Section, acts Aug. 2, 1946, ch. 753, title V, §503, 60 Stat. 847; Jan. 12, 1983, Pub. L. 97–449, §2(d)(1), 96
Stat. 2440, provided that tolls charged for transit over any interstate bridge be just and reasonable and
authorized Secretary of Transportation to prescribe reasonable rates of toll for such transit, which rates were to
be legal rates demanded and received. See section 508 of this title.
§526a. Repealed. Pub. L. 100–17, title I, §135(f), Apr. 2, 1987, 101 Stat. 174
Section, act Pub. L. 93–87, title I, §133(b), Aug. 13, 1973, 87 Stat. 267, authorized Secretary of
Transportation to promulgate regulations establishing guidelines governing any increase in tolls for use of any
bridge constructed pursuant to either the General Bridge Act of 1906 or the General Bridge Act of 1946.
EDITORIAL NOTES
AMENDMENTS
1983—Pub. L. 97–449 substituted "Secretary of Transportation" for "Secretary of War". See Transfer of
Functions note below.
EDITORIAL NOTES
AMENDMENTS
1983—Pub. L. 97–449 substituted "Secretary of Transportation" for "Secretary of War" wherever
appearing. See Transfer of Functions note below.
§529. Repealed. Pub. L. 100–17, title I, §135(e), Apr. 2, 1987, 101 Stat. 174
Section, acts Aug. 2, 1946, ch. 753, title V, §506, 60 Stat. 848; May 25, 1948, ch. 336, 62 Stat. 267, related
to adjusting rates of tolls charged on an interstate bridge constructed or taken over by State or political
subdivision thereof to provide fund to pay reasonable costs of maintaining and operating such bridge and a
sinking fund to amortize amount paid for such bridge, with such bridge to be operated and maintained free of
tolls after a sinking fund sufficient for such amortization had been provided.
EDITORIAL NOTES
CODIFICATION
Section was not enacted as part of the General Bridge Act of 1946 which comprises this subchapter.
for the construction, operation, and maintenance of such bridge in accordance with the applicable
provisions of this subchapter. The effectiveness of such agreement shall be conditioned on its
approval by the Secretary of State.
(Pub. L. 92–434, §3, Sept. 26, 1972, 86 Stat. 731.)
EDITORIAL NOTES
AMENDMENTS
2016—Pub. L. 114–120 substituted "Secretary of the department in which the Coast Guard is operating" for
"Secretary of Transportation".
§535d. Repealed. Pub. L. 100–17, title I, §135(g), Apr. 2, 1987, 101 Stat. 174
Section, Pub. L. 92–434, §6, Sept. 26, 1972, 86 Stat. 732, directed that tolls charged for use of an
international bridge constructed or acquired under this subchapter by private individual, company, or other
private entity be collected for a reasonable period for amortization of construction or acquisition costs, plus
interest and reasonable return, that at end of such period the United States portion of bridge become the
property of the State having jurisdiction over such United States portion, and that accurate records on
expenditures and tolls collected be kept and annually reported to Secretary of Transportation, with authority
for Secretary to conduct audits.
§535e. Ownership
(a) Sale, assignment, or transfer; approval of Secretary
Nothing in this subchapter shall be deemed to prevent the individual, corporation, or other entity
to which, pursuant to this subchapter, authorization has been given to construct, operate, and
maintain an international bridge and the approaches thereto, from selling, assigning, or transferring
the rights, powers, and privileges conferred by this subchapter: Provided, That such sale, assignment,
or transfer shall be subject to approval by the Secretary of the department in which the Coast Guard
is operating.
(b) State status of original applicant upon acquisition of right, title, and interest after
termination of private entity licenses, contracts, or orders
Upon the acquisition by a State or States, or by a subdivision or instrumentality thereof, of the
right, title, and interest of a private individual, corporation, or other private entity, in and to an
international bridge, any license, contract, or order issued or entered into by the Secretary of the
department in which the Coast Guard is operating, to or with such private individual, corporation, or
other private entity, shall be deemed terminated forthwith. Thereafter, the State, subdivision, or
instrumentality so acquiring shall operate and maintain such bridge in the same manner as if it had
been the original applicant, and the provisions of section 535d 1 of this title shall not apply.
(Pub. L. 92–434, §8, Sept. 26, 1972, 86 Stat. 732; Pub. L. 114–120, title III, §306(b)(6)(B), Feb. 8,
2016, 130 Stat. 56.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 535d of this title, referred to in subsec. (b), was repealed by Pub. L. 100–17, title I, §135(g), Apr. 2,
1987, 101 Stat. 174.
AMENDMENTS
2016—Subsecs. (a), (b). Pub. L. 114–120 substituted "Secretary of the department in which the Coast
Guard is operating" for "Secretary of Transportation".
§535h. Repealed. Pub. L. 114–120, title III, §306(b)(6)(C), Feb. 8, 2016, 130 Stat.
56
Section, Pub. L. 92–434, §11, Sept. 26, 1972, 86 Stat. 733, related to report of Secretary of Transportation's
approvals granted during fiscal year pursuant to section 535c of this title.
EDITORIAL NOTES
PRIOR PROVISIONS
Acts Aug. 30, 1935, ch. 831, 49 Stat. 1028; Aug. 26, 1937, ch. 832, 50 Stat. 844, contained similar
provisions.
EDITORIAL NOTES
REFERENCES IN TEXT
This title, referred to in text, is title I of Pub. L. 102–377, Oct. 2, 1992, 106 Stat. 1315. For complete
classification of title I to the Code, see Tables.
§541. Board of Engineers for Rivers and Harbors; establishment; duties and
powers generally
There shall be organized in the office of the Chief of Engineers, United States Army, by detail
from time to time from the Corps of Engineers, a board of seven engineer officers, a majority of
whom shall be of rank not less than lieutenant colonel, whose duties shall be fixed by the Chief of
Engineers, and to whom shall be referred for consideration and recommendation, in addition to any
other duties assigned, so far as in the opinion of the Chief of Engineers may be necessary, all reports
upon examinations and surveys provided for by Congress, and all projects or changes in projects for
works of river and harbor improvement prior to June 13, 1902, or thereafter provided for. And the
board shall submit to the Chief of Engineers recommendations as to the desirability of commencing
or continuing any and all improvements upon which reports are required. And in the consideration of
such works and projects the board shall have in view the amount and character of commerce existing
or reasonably prospective which will be benefited by the improvement, and the relation of the
ultimate cost of such work, both as to cost of construction and maintenance, to the public
commercial interests involved, and the public necessity for the work and propriety of its
construction, continuance, or maintenance at the expense of the United States. And such
consideration shall be given as time permits to such works as have, prior to June 13, 1902, been
provided for by Congress, the same as in the case of new works proposed. The board shall, when it
considers the same necessary, and with the sanction and under orders from the Chief of Engineers,
make, as a board or through its members, personal examinations of localities. And all facts,
information, and arguments which are presented to the board for its consideration in connection with
any matter referred to it by the Chief of Engineers shall be reduced to and submitted in writing, and
made a part of the records of the office of the Chief of Engineers. It shall further be the duty of said
board, upon a request transmitted to the Chief of Engineers by the Committee on Public Works and
Transportation of the House of Representatives, or the Committee on Environment and Public Works
of the Senate, in the same manner to examine and report through the Chief of Engineers upon any
projects adopted, prior to June 13, 1902, by the Government or upon which appropriations have been
made, and report upon the desirability of continuing the same or upon any modifications thereof
which may be deemed desirable. As used in this section the term "commerce" shall include the use of
waterways by seasonal passenger craft, yachts, house boats, fishing boats, motor boats, and other
similar water craft, whether or not operated for hire.
The board shall have authority, with the approval of the Chief of Engineers, to rent quarters, if
necessary, for the proper transaction of its business, and to employ such civil employees as may, in
the opinion of the Chief of Engineers, be required for properly transacting the business assigned to it,
and the necessary expenses of the board shall be paid from allotments made by the Chief of
Engineers from any appropriations made by Congress for the work or works to which the duties of
the board pertain.
(June 13, 1902, ch. 1079, §3, 32 Stat. 372; Mar. 4, 1913, ch. 144, §4, 37 Stat. 827; Feb. 10, 1932, ch.
26, 47 Stat. 42; Pub. L. 103–437, §12(a), Nov. 2, 1994, 108 Stat. 4590.)
EDITORIAL NOTES
CODIFICATION
The original text of section 3 of act June 13, 1902, provided for "a board of five engineer officers, whose
duties shall be fixed by the Chief of Engineers." The last proviso of act Mar. 4, 1913, provided "that said
board shall consist of seven members, a majority of whom shall be of rank not less than lieutenant colonel."
Other parts of section 4 of act Mar. 4, 1913, are set out in section 542 of this title.
AMENDMENTS
1994—Pub. L. 103–437 substituted "Committee on Public Works and Transportation of the House of
Representatives, or the Committee on Environment and Public Works of the Senate" for "Committee on
Rivers and Harbors of the House of Representatives, or the Committee on Commerce of the Senate".
1932—Act Feb. 10, 1932, inserted sentence defining "commerce".
EDITORIAL NOTES
CODIFICATION
Section is from part of section 4 of act Mar. 4, 1913, popularly known as the "Rivers and Harbors Act of
1913". The last proviso of said section 4 is set out in section 541 of this title.
AMENDMENTS
1994—Pub. L. 103–437 substituted "Committee on Environment and Public Works of the Senate or the
Committee on Public Works and Transportation of the House of Representatives" for "Committee on
Commerce of the Senate or the Committee on Rivers and Harbors of the House of Representatives".
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not
previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the
Army and Department of the Army, see Secretary of Defense Transfer Order No. 40, July 22, 1949.
EDITORIAL NOTES
CODIFICATION
R.S. §5253 derived from Res. Mar. 29, 1867, No. 27, 15 Stat. 28.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not
previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the
Army and Department of the Army, see Secretary of Defense Transfer Order No. 40, July 22, 1949.
§544. Repealed. Aug. 19, 1968, Pub. L. 88–448, §402(a)(9), 78 Stat. 493
Section, act June 3, 1896, ch. 314, §7, 29 Stat. 235, related to employment of retired officers of the Army or
Navy on river and harbour improvements.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not
previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the
Army and Department of the Army, see Secretary of Defense Transfer Order No. 40, July 22, 1949.
EDITORIAL NOTES
AMENDMENTS
1996—Pub. L. 104–106 struck out at end "The Chief of Engineers is directed to report on July 1 of each
year to the Congress on the implementation of this section, together with recommendation for any legislation
that may be needed to assure the fuller and more equitable participation of members of minority groups in this
project or others under the direction of the Secretary."
EDITORIAL NOTES
CODIFICATION
This section and the second paragraph of section 556 of this title are from section 3 of act Mar. 4, 1913,
popularly known as the "Rivers and Harbors Appropriation Act of 1913". That section superseded similar
provisions of act June 25, 1910, ch. 382, §3, 36 Stat. 668, for reports, investigations on review by the board of
Engineers and for the printing of reports.
PRIOR PROVISIONS
Provision for report of examinations of river and harbor improvements appeared in R.S. §231, repealed by
act Mar. 3, 1933, ch. 202, §1, 47 Stat. 1428, and read as follows: "The Secretary of War shall cause to be
prepared and submitted to Congress, in connection with the reports of examinations and surveys of rivers and
harbors hereafter made by order of Congress, full statements of all existing facts tending to show to what
extent the general commerce of the country will be promoted by the several works of improvements
contemplated by such examinations and surveys, to the end that public moneys shall not be applied excepting
where such improvements shall tend to subserve the general commercial and navigation interests of the United
States."
§545a. Discontinuance
For preliminary examinations and surveys authorized in previous river and harbor and
flood-control Acts, the Secretary of the Army is directed to cause investigations and reports for
navigation and allied purposes to be prepared under the supervision of the Chief of Engineers in the
form of survey reports, and that preliminary examination reports shall no longer be required to be
prepared.
(Pub. L. 85–500, title I, §105, July 3, 1958, 72 Stat. 300.)
EDITORIAL NOTES
REFERENCES IN TEXT
Previous river and harbor and flood-control Acts, referred to in text, means those acts prior to the River and
Harbor Act of 1958 and the Flood Control Act of 1958, titles I and II, respectively, of Pub. L. 85–500.
EDITORIAL NOTES
CODIFICATION
Section is from section 3 of act June 25, 1910, popularly known as the "Rivers and Harbors Appropriation
Act of 1910". Other provisions of such section were omitted, as superseded by section 545 of this title.
PRIOR PROVISIONS
General provisions regulating the construction of dams were made by the Dam Act of June 21, 1906, ch.
3508, 34 Stat. 386, as amended by act June 23, 1910, ch. 360, 36 Stat. 593, apparently omitted from the Code
as superseded.
EDITORIAL NOTES
CODIFICATION
Section is from act June 5, 1920, popularly known as the "Rivers and Harbors Appropriation Act of 1921".
§548. Omitted
EDITORIAL NOTES
CODIFICATION
Section, act Mar. 3, 1925, ch. 467, §7, 43 Stat. 1191, required a report on projects adopted prior to March 3,
1925.
§549. Repealed. Pub. L. 96–470, title I, §104(c), Oct. 19, 1980, 94 Stat. 2238
Section, act Mar. 3, 1899, ch. 425, §7, 30 Stat. 1150, provided that Chief of Engineers, in submitting his
annual reports to Congress on river and harbor improvements, report on deterioration in improvements,
estimate cost of repairing or rebuilding such works, and recommend discontinuance of appropriations for any
works deemed unworthy of further improvement.
EDITORIAL NOTES
CODIFICATION
Section is from Pub. L. 91–611, popularly known as the "Flood Control Act of 1970".
EDITORIAL NOTES
CODIFICATION
Section is from act July 18, 1918, popularly known as the "Rivers and Harbors Appropriation Act of 1918".
EDITORIAL NOTES
CODIFICATION
Section is from act Mar. 2, 1919, popularly known as the "Rivers and Harbors Appropriation Act of 1919".
The original text of said section 1 read as follows: "It is hereby declared to be the policy of the Congress
that water terminals are essential at all cities and towns located upon harbors or navigable waterways and that
at least one public terminal should exist, constructed, owned, and regulated by the municipality, or other
public agency of the State and open to the use of all on equal terms, and with the view of carrying out this
policy to the fullest possible extent the Secretary of War is hereby vested with the discretion to withhold,
unless the public interests would seriously suffer by delay, monies appropriated in this Act for new projects
adopted herein, or for the further improvement of existing projects if, in his opinion, no water terminals exist
adequate for the traffic and open to all on equal terms, or unless satisfactory assurances are received that local
or other interests will provide such adequate terminal or terminals. The Secretary of War, through the Chief of
Engineers, shall give full publicity, as far as may be practicable, to this provision."
§552. Repealed. May 29, 1928, ch. 901, §1(28), 45 Stat. 988
Section, act Aug. 5, 1886, ch. 929, §8, 24 Stat. 335, required reports to Congress concerning civilian
engineers employed in improving rivers and harbors.
EDITORIAL NOTES
CODIFICATION
Section is from part of section 1 of act July 25, 1912, popularly known as the "Rivers and Harbors
Appropriation Act of 1912".
EDITORIAL NOTES
CODIFICATION
Section is from act Sept. 22, 1922, popularly known as the "Rivers and Harbors Appropriation Act of
1922".
AMENDMENTS
1986—Pub. L. 99–662 substituted "not more than $5,000" for "$100" and inserted "In addition, the
Secretary may assess a civil penalty of up to $2,500, per violation, against any person or entity that fails to
provide timely, accurate statements required to be submitted pursuant to this section by the Secretary."
Nothing in the preceding sentence shall be construed to prohibit the disclosure by an officer or
employee of a State of information to another officer or employer of such State (or political
subdivision of such State) to the extent necessary in the administration of State tax laws.
(e) Definitions
For purposes of this section, the term—
(1) "petroleum product information" means information relating to petroleum products
transported by vessel which is received by the Secretary (A) under section 555 of this title, or (B)
under any other legal authority; and
(2) "State taxing agency" means any State agency, body, or commission, or its legal
representative, which is charged under the laws of such State with responsibility for the
administration of State tax laws.
(f) Omitted
(Pub. L. 99–662, title IX, §919, Nov. 17, 1986, 100 Stat. 4192.)
EDITORIAL NOTES
CODIFICATION
Subsec. (f) of this section amended section 555 of this title.
EDITORIAL NOTES
CODIFICATION
The first paragraph of this section is from act Aug. 11, 1888, popularly known as the "Rivers and Harbors
Appropriation Act".
The Mississippi River Commission was created by act June 28, 1879, set out as sections 641, 642, 644, 646,
and 647 of this title.
The words "and Missouri" which appeared in the original text after "Mississippi" were superseded by the
abolition of the Missouri River Commission by act June 13, 1902, ch. 1079, §1, 32 Stat. 367.
The second paragraph of this section is from the last paragraph of section 3 of act Mar. 4, 1913, which
superseded a similar provision of act July 25, 1912, ch. 253, 37 Stat. 231. Other parts of said section 3 are set
out in section 545 of this title.
EDITORIAL NOTES
CODIFICATION
Section is from section 1 of act July 1, 1916, repealing section 13 of act July 25, 1912.
Section 1 of that act was a provision, following an appropriation for printing for the War Department, of the
Sundry Civil Appropriation Act for 1917.
The repealed section 13 of act July 25, 1912, read as follows: "The printing of matter relating to river and
harbor works, including all reports, compilations, regulations, and so forth, whose preparation is allowable
under War Department regulations, may, upon recommendation of the Chief of Engineers and approval by the
Secretary of War, be paid for from river and harbor appropriations."
EDITORIAL NOTES
REFERENCES IN TEXT
The Civil Functions Appropriation Act, 1954, referred to in text, is act July 27, 1953, ch. 245, 67 Stat. 197.
Provisions of the Act establishing the revolving fund are classified to section 576 of this title.
EDITORIAL NOTES
CODIFICATION
Section originally began with the words "when any land or other" preceding "property". The words, "land
or other", were deleted on the basis of act February 20, 1931, which provided, "that hereafter no real estate of
the War Department shall be sold or disposed of without authority of Congress, and all existing Acts or parts
thereof in conflict with this proviso, other than special Acts for the sale of stated tracts of land, are hereby
repealed."
Section is from the first part of section 5 of act June 13, 1902, which was a provision of the Rivers and
Harbors Appropriation Act for 1902. The last part of such section 5 is set out as section 631 of this title.
AMENDMENTS
1951—Act Oct. 31, 1951, struck out provisions authorizing the Secretary of the Army to sell the
unserviceable property referred to, and authorizing him to direct the transfer of any property employed in river
and harbor works; struck out the provision that the property so transferred should be valued and credited to the
project upon which it was theretofore used and charged to the project to which it was transferred; and inserted
"and is transferred or sold, the proceeds thereof may be credited to the appropriation for the work for which it
was acquired".
§558a. Repealed. Oct. 31, 1951, ch. 654, §1(56), 65 Stat. 703
Section, act Aug. 30, 1935, ch. 831, §7, 49 Stat. 1048, related to sale of property no longer needed for
improvement of canals, rivers and harbors.
EDITORIAL NOTES
REFERENCES IN TEXT
The Tennessee Valley Authority Act, referred to in text, is act May 18, 1933, ch. 32, 48 Stat. 58, as
amended, known as the Tennessee Valley Authority Act of 1933, which is classified generally to chapter 12A
(§831 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 831 of
Title 16 and Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
The Tennessee Valley Authority Act, referred to in text, is act May 18, 1933, ch. 32, 48 Stat. 58, as
amended, known as the Tennessee Valley Authority Act of 1933, which is classified generally to chapter 12A
(§831 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 831 of
Title 16 and Tables.
EDITORIAL NOTES
CODIFICATION
Section is from act Aug. 8, 1917, popularly known as the "Rivers and Harbors Appropriation Act of 1917".
EDITORIAL NOTES
CODIFICATION
Section is from act Mar. 4, 1915, popularly known as the "Rivers and Harbors Appropriation Act of 1915".
PRIOR PROVISIONS
Section superseded act Mar. 4, 1913, ch. 144, §8, 37 Stat. 827, which read as follows: "The Secretary of
War is hereby authorized to receive from private parties such funds as may be contributed by them to be
expended in connection with funds appropriated by the United States for any authorized work of public
improvement of rivers and harbors, whenever such work and expenditure may be considered by the Chief of
Engineers as advantageous to the interests of navigation."
§561. Repealed. Pub. L. 115–270, title I, §1166(c), Oct. 23, 2018, 132 Stat. 3798
Section, act Mar. 3, 1925, ch. 467, §11, 43 Stat. 1197; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501,
related to advancements by and repayments to local interests for river and harbor improvement projects.
EDITORIAL NOTES
CODIFICATION
A prior provision that the reduction authorized by this section was not to apply to contributions made prior
to Mar. 3, 1933, was omitted as obsolete.
EDITORIAL NOTES
CODIFICATION
Section is from act Mar. 4, 1915, popularly known as the "Rivers and Harbors Appropriation Act of 1915".
PRIOR PROVISIONS
Section superseded act Mar. 4, 1913, ch. 144, §9, 37 Stat. 827, which read as follows: "In the preparation of
projects under this and subsequent river and harbor acts, unless otherwise expressed, the channel depths
referred to shall be understood to signify the depth at mean lower low water in tidal waters, and the mean
depth during the month of lowest water in the navigation season in rivers and nontidal channels, and the
channel dimensions specified shall be understood to admit of such increase at the entrances, bends, sidings,
and turning places as may be necessary to allow of the free movement of boats."
AMENDMENTS
1992—Pub. L. 102–580 inserted "and after the project becomes operational" after "harbor acts", "lower"
after "depth at mean", ", as defined by the Department of Commerce for nautical charts and tidal predictions,"
after "water" wherever appearing, and "and after the project becomes operational" before "the channel
dimensions".
1 So in original.
§562a. Project depths for national defense purposes; waterways for general
commerce
The Chief of Engineers, under the direction of the Secretary of the Army, is hereby authorized to
maintain authorized river and harbor projects in excess of authorized project depths where such
excess depths have been provided by the United States for defense purposes and whenever the Chief
of Engineers determines that such waterways also serve essential needs of general commerce.
(Pub. L. 90–483, title I, §117, Aug. 13, 1968, 82 Stat. 737.)
§563. Omitted
EDITORIAL NOTES
CODIFICATION
Section, act Sept. 22, 1922, ch. 427, §6, 42 Stat. 1042, made unexpended funds, appropriated prior to Sept.
22, 1922, for river and harbor improvements, available for preservation and maintenance of existing river and
harbor works and prosecution of desirable new projects.
EDITORIAL NOTES
CODIFICATION
Section is from act June 13, 1902, popularly known as the "Rivers and Harbors Appropriation Act for
1902". The provisions of this section followed an appropriation for emergencies.
EDITORIAL NOTES
CODIFICATION
Section is from a part of section 5 of act Aug. 8, 1917, which act was popularly known as the "Rivers and
Harbors Appropriation Act for 1917". The omitted part of such section read as follows: "That the sum of
$25,000, or so much thereof as may be necessary, is hereby appropriated, out of any funds in the Treasury of
the United States not otherwise appropriated, for the purpose of enabling the Secretary of War to make the
surveys and estimates herein contemplated."
EDITORIAL NOTES
REFERENCES IN TEXT
The amended compact, referred to in text, is set out in 84 Stat. 856 to 860.
EDITORIAL NOTES
CODIFICATION
Section is from act Sept. 22, 1922, popularly known as the "Rivers and Harbors Appropriation Act of
1918".
§569. Personal equipment for employees; use of funds for purpose
Funds heretofore or hereafter appropriated for rivers and harbors to be expended under the
supervision of the Secretary of the Army shall be available for expenditure in the purchase of such
personal equipment for employees as in the opinion of the Chief of Engineers are essential for the
efficient prosecution of the works.
(Jan. 21, 1927, ch. 47, §5(b), 44 Stat. 1021; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not
previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the
Army and Department of the Army, see Secretary of Defense Transfer Order No. 40, July 22, 1949.
EDITORIAL NOTES
CODIFICATION
"Chapter 51 and subchapter III of chapter 53 of title 5" substituted in text for "the Classification Act as
amended" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted
Title 5, Government Organization and Employees.
AMENDMENTS
1970—Pub. L. 91–611 substituted provision that compensation "may be paid at rates not to exceed the daily
equivalent of the rate for GS–18 for each day of their services" for "shall not be paid in excess of $100 per day
for their services".
1950—Act May 17, 1950, amended section generally, providing for employment of experts and consultants
and omitting provisions relating to stenographic assistance.
EDITORIAL NOTES
REFERENCES IN TEXT
The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch.
288, 63 Stat. 377. Title IX of the Act, which was classified generally to subchapter VI (§541 et seq.) of
chapter 10 of former Title 40, Public Buildings, Property, and Works, was repealed and reenacted by Pub. L.
107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapter 11 (§1101 et seq.) of Title 40, Public
Buildings, Property, and Works. For disposition of sections of former Title 40 to revised Title 40, see Table
preceding section 101 of Title 40. For complete classification of this Act to the Code, see Tables.
EDITORIAL NOTES
AMENDMENTS
2014—Pub. L. 113–121, which directed amendment in the first sentence of chapter IV of title I of Public
Law 98–63 (33 U.S.C. 569c) by inserting ", including expenses relating to uniforms, transportation, lodging,
and the subsistence of those volunteers," after "incidental expenses", was executed by making the insertion in
the first sentence of this section to reflect the probable intent of Congress.
EDITORIAL NOTES
AMENDMENTS
2021—Pub. L. 117–81 substituted "section 4654(c)" for "section 2393(c)".
EDITORIAL NOTES
CODIFICATION
Section is also set out as section 701k of this title.
§574. Omitted
EDITORIAL NOTES
CODIFICATION
Section, act Sept. 6, 1950, ch. 896, ch. IX, §101, 64 Stat. 726, which related to availability of appropriation
for payments to school districts, was from the Civil Functions Appropriation Act, 1951, and was not repeated
in subsequent appropriation acts.
EDITORIAL NOTES
CODIFICATION
Section is also set out as section 701b–9 of this title.
Section was formerly classified to sections 190a and 199 of Title 10 prior to the general revision and
enactment of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041, §1, 70A Stat. 1.
EDITORIAL NOTES
REFERENCES IN TEXT
Subchapter I of chapter 169 of title 10, referred to in subsec. (b)(2)(A), probably means subchapter I (§2801
et seq.) of chapter 169 of Title 10, Armed Forces.
CODIFICATION
Section was formerly classified to section 190b of Title 10 prior to the general revision and enactment of
Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041, §1, 70A Stat. 1.
AMENDMENTS
2016—Pub. L. 114–322 designated existing provisions as subsec. (a), inserted heading, and added subsecs.
(b) to (e).
EDITORIAL NOTES
CODIFICATION
"Section 1343 of title 31" substituted in text for "section 5 of the Act of July 16, 1914 (U.S.C., title 5, sec.
78)" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted
Title 31, Money and Finance.
Section was formerly classified to section 638b of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 877.
Section was also formerly classified to section 78a of Title 5 prior to the general revision and enactment of
Title 5, Government Organization and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.
EDITORIAL NOTES
REFERENCES IN TEXT
The Civil Functions Appropriations Act, 1954, referred to in text, is act July 27, 1953, ch. 245, 67 Stat. 197.
For complete classification of this Act to the Code, see Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
Section 331 of the FAA Modernization and Reform Act of 2012, referred to in subsec. (a)(1), is section 331
of Pub. L. 112–95, which was set out in a note under section 40101 of Title 49, Transportation, and was
transferred and is now set out in a note under section 44802 of Title 49.
EDITORIAL NOTES
AMENDMENTS
2018—Subsec. (a). Pub. L. 115–270 substituted "$62,500,000" for "$50,000,000".
2014—Subsec. (a). Pub. L. 113–121, §1030(b)(1), substituted "$50,000,000" for "$35,000,000".
Subsec. (b). Pub. L. 113–121, §1030(b)(2), substituted "$10,000,000" for "$7,000,000".
2007—Subsec. (b). Pub. L. 110–114 substituted "$7,000,000" for "$4,000,000".
1986—Subsec. (a). Pub. L. 99–662 substituted "$35,000,000" for "$25,000,000".
Subsec. (b). Pub. L. 99–662 substituted "$4,000,000" for "$2,000,000".
1976—Subsec. (b). Pub. L. 94–587 substituted "$2,000,000" for "$1,000,000".
1970—Subsec. (a). Pub. L. 91–611 substituted "$25,000,000" for "$10,000,000".
Subsec. (b). Pub. L. 91–611 substituted "$1,000,000" for "$500,000".
1965—Subsec. (a). Pub. L. 89–298, §310(a)(1), substituted "$10,000,000" for "$2,000,000".
Subsec. (b). Pub. L. 89–298, §310(a)(2), substituted "$500,000" for "$200,000".
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 91–611, Dec. 31, 1970, 84 Stat. 1818, as amended. For complete
classification of this Act to the Code, see Tables.
Hereafter, referred to in text, probably means after Dec. 31, 1970.
AMENDMENTS
1974—Pub. L. 93–251 amended section generally. Prior to amendment, section read as follows: "The costs
of operation and maintenance of the general navigation features of small boat harbor projects authorized
between January 1, 1970, and December 31, 1970, under the authority of this Act, section 201 of the Flood
Control Act of 1965 [42 U.S.C. 1962d–5], or section 107 of the River and Harbor Act of 1960 [33 U.S.C.
577], shall be borne by the United States."
EDITORIAL NOTES
CODIFICATION
In subsec. (a), "chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509,
3906, 4710, and 4711) of subtitle I of title 41" substituted for "the Federal Property and Administrative
Services Act of 1949 (63 Stat. 377), as amended" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116
Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, §6(c),
Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
EDITORIAL NOTES
REFERENCES IN TEXT
Section 6002 of the Water Resources Reform and Development Act of 2014, referred to in text, is section
6002 of Pub. L. 113–121, title VI, June 10, 2014, 128 Stat. 1349, which is not classified to the Code.
§579. Repealed. Pub. L. 101–640, title I, §119(b), Nov. 28, 1990, 104 Stat. 4630
Section, Pub. L. 93–251, title I, §12, Mar. 7, 1974, 88 Stat. 16; H. Res. 988, Oct. 8, 1974; Pub. L. 94–587,
§157(a), Oct. 22, 1976, 90 Stat. 2933; S. Res. 4, Feb. 4, 1977, provided for deauthorization of projects of
improvement of rivers and harbors and other waterways for navigation, beach erosion, flood control, and other
purposes which the Secretary of the Army determined should no longer be authorized.
(B) REQUIRED INFORMATION.—The Secretary shall include on each list developed under
clause (i), (ii), or (iii) of subparagraph (A) for each feasibility study, project, and separable
element on that list—
(i) the date of authorization of the feasibility study, project, or separable element, including
any subsequent modifications to the original authorization;
(ii) the original budget authority for the feasibility study, project, or separable element;
(iii) a brief description of the feasibility study, project, or separable element;
(iv) the estimated date of completion of the feasibility study, project, or separable element,
assuming all capability is fully funded;
(v) the estimated total cost of completion of the feasibility study, project, or separable
element;
(vi) the amount of funds spent on the feasibility study, project, or separable element,
including Federal and non-Federal funds;
(vii) the amount of appropriations estimated to be required in each fiscal year during the
period of construction to complete the project or separable element by the date specified under
clause (iv);
(viii) the location of the feasibility study, project, or separable element;
(ix) a statement from the non-Federal interest for the project or separable element indicating
the non-Federal interest's capability to provide the required local cooperation estimated to be
required for the project or separable element in each fiscal year during the period of
construction;
(x) the benefit-cost ratio of the project or separable element, calculated using the discount
rate specified by the Office of Management and Budget for purposes of preparing the
President's budget pursuant to chapter 11 of title 31;
(xi) the benefit-cost ratio of the project or separable element, calculated using the discount
rate utilized by the Corps of Engineers for water resources development project planning
pursuant to section 1962d–17 of title 42; and
(xii) the last fiscal year in which the project or separable element incurred obligations.
(D) PUBLICATION.—
(i) IN GENERAL.—For fiscal year 2020, and once every 2 years thereafter, in conjunction
with the President's annual budget submission to Congress under section 1105(a) of title 31, the
Secretary shall submit a copy of the lists developed under subparagraph (A) to—
(I) the Committee on Environment and Public Works and the Committee on
Appropriations of the Senate and the Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives; and
(II) the Director of the Office of Management and Budget.
(ii) PUBLIC AVAILABILITY.—The Secretary shall make a copy of the lists available on a
publicly accessible website site 1 in a manner that is downloadable, searchable, and sortable.
(Pub. L. 99–662, title X, §1001, Nov. 17, 1986, 100 Stat. 4201; Pub. L. 101–640, title I, §119(a),
Nov. 28, 1990, 104 Stat. 4630; Pub. L. 104–303, title II, §228(a), Oct. 12, 1996, 110 Stat. 3703; Pub.
L. 106–109, §8(d), Nov. 24, 1999, 113 Stat. 1496; Pub. L. 110–114, title II, §2046, Nov. 8, 2007,
121 Stat. 1105; Pub. L. 113–121, title VI, §6001(b), June 10, 2014, 128 Stat. 1345; Pub. L. 115–270,
title I, §1154(a), Oct. 23, 2018, 132 Stat. 3791; Pub. L. 116–260, div. AA, title III, §360(b), Dec. 27,
2020, 134 Stat. 2732.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, known as the Water
Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note
set out under section 2201 of this title and Tables.
Section 219 of the Water Resources Development Act of 1992, referred to in subsec. (b)(2)(A)(iii), is
section 219 of Pub. L. 102–580, title II, Oct. 31, 1992, 106 Stat. 4835, which is not classified to the Code.
AMENDMENTS
2020—Subsec. (b)(2), (3). Pub. L. 116–260, §360(b)(1), redesignated par. (3) as (2) and struck out former
par. (2) which related to project deauthorizations and notification to Congress.
Subsec. (c). Pub. L. 116–260, §360(b)(2), struck out subsec. (c). Prior to amendment, text read as follows:
"The Secretary shall publish in the Federal Register a list of any projects or separable elements that are
deauthorized under this section."
2018—Pub. L. 115–270, §1154(a)(1), substituted "Corps budgeting; project deauthorizations;
comprehensive backlog report" for "Project deauthorizations" in section catchline.
Subsec. (b)(3), (4). Pub. L. 115–270, §1154(a)(2), added pars. (3) and (4) and struck out former pars. (3)
and (4) which related to minimum funding lists and comprehensive backlog reports, respectively.
2014—Subsec. (b)(3), (4). Pub. L. 113–121 added pars. (3) and (4).
2007—Subsec. (b)(2). Pub. L. 110–114, §2046(3), which directed the substitution of "such period" for
"such 30 month period" in last sentence, was executed by making the substitution for "such 30-month period"
to reflect the probable intent of Congress.
Pub. L. 110–114, §2046(2), in last sentence, substituted "the last date of the fiscal year following the fiscal
year in which" for "30 months after the date".
Pub. L. 110–114, §2046(1), in first sentence, substituted "year" for "two years" and "5" for "7".
1999—Subsec. (b)(2). Pub. L. 106–109, in first sentence, substituted "Notwithstanding section 3003 of
Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), every" for "Every".
1996—Subsec. (b)(2). Pub. L. 104–303 substituted "7 full" for "10 full", "Upon submission" for "Before
submission", and "for the planning, design, or construction" for "for construction".
1990—Subsec. (b)(2). Pub. L. 101–640 inserted after first sentence "Before submission of such list to
Congress, the Secretary shall notify each Senator in whose State, and each Member of the House of
Representatives in whose district, a project (including any part thereof) on such list would be located."
1 So in original.
§579b. Omitted
EDITORIAL NOTES
CODIFICATION
Section, Pub. L. 113–121, title VI, §6001, June 10, 2014, 128 Stat. 1345; Pub. L. 114–322, title I, §1301(g),
Dec. 16, 2016, 130 Stat. 1690, consisted of subsecs. (a) to (f) relating to deauthorization of inactive projects
authorized for construction before Nov. 8, 2007. Subsecs. (a) and (c) to (f) were repealed by Pub. L. 114–322,
title I, §1301(g), Dec. 16, 2016, 130 Stat. 1690. Subsec. (b) of section 6001 of Pub. L. 113–121 amended
section 579a of this title.
§579c. Repealed. Pub. L. 116–260, div. AA, title III, §360(d), Dec. 27, 2020, 134
Stat. 2733
Section, Pub. L. 113–121, title VI, §6003, June 10, 2014, 128 Stat. 1349; Pub. L. 115–270, title I, §1330(a),
Oct. 23, 2018, 132 Stat. 3827, related to backlog prevention pertaining to projects from Public Law 113–121.
§579c–1. Repealed. Pub. L. 116–260, div. AA, title III, §360(f), Dec. 27, 2020, 134
Stat. 2733
Section, Pub. L. 114–322, title I, §1302, Dec. 16, 2016, 130 Stat. 1690, related to backlog prevention
pertaining to projects from Public Law 114–322.
§579c–2. Repealed. Pub. L. 116–260, div. AA, title III, §360(h), Dec. 27, 2020, 134
Stat. 2733
Section, Pub. L. 115–270, title I, §1302, Oct. 23, 2018, 132 Stat. 3817, related to backlog prevention
pertaining to projects from Public Law 115–270.
§579d. Repealed. Pub. L. 116–260, div. AA, title III, §360(e), Dec. 27, 2020, 134
Stat. 2733
Section, Pub. L. 114–322, title I, §1301, Dec. 16, 2016, 130 Stat. 1686, related to deauthorization of
inactive projects as of Public Law 114–322.
§579d–1. Repealed. Pub. L. 116–260, div. AA, title III, §360(g), Dec. 27, 2020, 134
Stat. 2733
Section, Pub. L. 115–270, title I, §1301, Oct. 23, 2018, 132 Stat. 3814, related to deauthorization of inactive
projects as of Public Law 115–270.
(2) to create an expedited and definitive process for Congress to deauthorize water resources
development projects that are no longer viable for construction; and
(3) to allow the continued authorization of water resources development projects that are viable
for construction.
(b) Proposed deauthorization list
(1) Preliminary list of projects
(A) In general
The Secretary shall develop a preliminary list of each water resources development project,
or separable element of a project, authorized for construction before November 8, 2007, for
which—
(i) planning, design, or construction was not initiated before December 27, 2020; or
(ii) planning, design, or construction was initiated before December 27, 2020, but for
which no funds, Federal or non-Federal, were obligated for planning, design, or construction
of the project or separable element of the project during the current fiscal year or any of the
10 preceding fiscal years.
(B) Use of comprehensive construction backlog and operation and maintenance report
The Secretary may develop the preliminary list from the comprehensive construction backlog
and operation and maintenance reports developed pursuant to section 579a(b)(2) of this title.
(C) Exclusions
The Secretary shall not include on the preliminary list—
(i) an environmental infrastructure assistance project authorized to be carried out by the
Secretary (including a project authorized pursuant to an environmental assistance program);
or
(ii) a project or separable element of a project authorized as part of the Comprehensive
Everglades Restoration Plan described in section 601 of the Water Resources Development
Act of 2000 (114 Stat. 2680).
(2) Preparation of proposed deauthorization list
(A) Deauthorization amount
The Secretary shall prepare a proposed list of projects for deauthorization comprised of a
subset of projects and separable elements identified on the preliminary list developed under
paragraph (1) that have, in the aggregate, an estimated Federal cost to complete that is at least
$10,000,000,000.
(B) Determination of Federal cost to complete
For purposes of subparagraph (A), the Federal cost to complete shall take into account any
allowances authorized by section 2280 of this title, as applied to the most recent project
schedule and cost estimate.
(C) Inclusion of deauthorization of antiquated projects
The Secretary shall reduce the amount identified for deauthorization under paragraph (2)(A)
by an amount equivalent to the estimated current value of each project, or separable element of
a project, that is deauthorized by subsection (f).
(3) Sequencing of projects
(A) In general
The Secretary shall identify projects and separable elements for inclusion on the proposed list
of projects for deauthorization under paragraph (2) according to the order in which the projects
and separable elements were authorized, beginning with the earliest authorized projects and
separable elements and ending with the latest project or separable element necessary to meet the
aggregate amount under paragraph (2)(A).
(B) Factors to consider
The Secretary may identify projects and separable elements in an order other than that
established by subparagraph (A) if the Secretary determines, on a case-by-case basis, that a
project or separable element is critical for interests of the United States, based on the possible
impact of the project or separable element on public health and safety, the national economy, or
the environment.
(4) Public comment and consultation
(A) In general
The Secretary shall solicit comments from the public and the Governors of each applicable
State on the proposed deauthorization list prepared under paragraph (2)(A).
(B) Comment period
The public comment period shall be 90 days.
(5) Preparation of final deauthorization list
(A) In general
The Secretary shall prepare a final deauthorization list by—
(i) considering any comments received under paragraph (4); and
(ii) revising the proposed deauthorization list prepared under paragraph (2)(A) as the
Secretary determines necessary to respond to such comments.
(B) Appendix
The Secretary shall include as part of the final deauthorization list an appendix that—
(i) identifies each project or separable element on the proposed deauthorization list that is
not included on the final deauthorization list; and
(ii) describes the reasons why the project or separable element is not included on the final
deauthorization list.
(c) Submission of final deauthorization list to Congress for congressional review; publication
(1) In general
Not later than 90 days after the date of the close of the comment period under subsection (b)(4),
the Secretary shall—
(A) submit the final deauthorization list and appendix prepared under subsection (b)(5) to the
Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate; and
(B) publish the final deauthorization list and appendix in the Federal Register.
(2) Exclusions
The Secretary shall not include in the final deauthorization list submitted under paragraph (1)
any project or separable element with respect to which Federal funds for planning, design, or
construction are obligated after the development of the preliminary list under subsection (b)(1)(A)
but prior to the submission of the final deauthorization list under paragraph (1)(A) of this
subsection.
(d) Deauthorization; congressional review
(1) In general
After the expiration of the 2-year period beginning on the date of publication of the final
deauthorization list and appendix under subsection (c)(1)(B), a project or separable element of a
project identified in the final deauthorization list is hereby deauthorized, unless Congress passes a
joint resolution disapproving the final deauthorization list prior to the end of such period.
(2) Non-Federal contributions
(A) In general
A project or separable element of a project identified in the final deauthorization list under
subsection (c) shall not be deauthorized under this subsection if, before the expiration of the
2-year period referred to in paragraph (1), the non-Federal interest for the project or separable
element of the project provides sufficient funds to complete the project or separable element of
the project.
(B) Treatment of projects
Notwithstanding subparagraph (A), each project and separable element of a project identified
in the final deauthorization list shall be treated as deauthorized for purposes of the aggregate
deauthorization amount specified in subsection (b)(2)(A).
(3) Projects identified in appendix
A project or separable element of a project identified in the appendix to the final
deauthorization list shall remain subject to future deauthorization by Congress.
(e) Special rules
(1) Post-authorization studies
A project or separable element of a project may not be identified on the proposed
deauthorization list developed under subsection (b), or the final deauthorization list developed
under subsection (c), if the project or separable element received funding for a post-authorization
study during the current fiscal year or any of the 10 preceding fiscal years.
(2) Treatment of project modifications
For purposes of this section, if an authorized water resources development project or separable
element of the project has been modified by an Act of Congress, the date of the authorization of
the project or separable element shall be deemed to be the date of the most recent such
modification.
(f) Deauthorization of antiquated projects
(1) In general
Any water resources development project, or separable element of a project, authorized for
construction prior to November 17, 1986, for which construction has not been initiated prior to
December 27, 2020, or for which funds have not been obligated for construction in the 10-year
period prior to December 27, 2020, is hereby deauthorized.
(2) Identification
Not later than 60 days after December 27, 2020, the Secretary shall issue to the Committee on
Transportation and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that identifies—
(A) the name of each project, or separable element of a project, deauthorized by paragraph
(1); and
(B) the estimated current value of each such project or separable element of a project.
(g) Economic and environmental review of inactive water resources development projects
The Secretary or the non-Federal interest may not carry out any authorized water resources
development project, or separable element of such project, for which construction has not been
initiated in the 20-year period following the date of the authorization of such project or separable
element, until—
(1) the Secretary provides to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public Works of the Senate a
post-authorization change report that updates the economic and environmental analysis of the
project or separable element; and
(2) the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate take appropriate action to address any
modifications to the economic and environmental analysis for the project or separable element of
the project contained in the post-authorization change report.
(h) Definitions
In this section:
(1) Post-authorization change report
The term "post-authorization change report" has the meaning given such term in section
2282e(d) of this title.
(2) Post-authorization study
The term "post-authorization study" means—
(A) a feasibility report developed under section 2282 of this title;
(B) a feasibility study, as defined in section 2215(d) of this title; or
(C) a review conducted under section 549a of this title, including an initial appraisal that—
(i) demonstrates a Federal interest; and
(ii) requires additional analysis for the project or separable element.
(Pub. L. 116–260, div. AA, title III, §301, Dec. 27, 2020, 134 Stat. 2699.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 601 of the Water Resources Development Act of 2000, referred to in subsec. (b)(1)(C)(ii), is section
601 of Pub. L. 106–541, title VI, Dec. 11, 2000, 114 Stat. 2680, which is not classified to the Code.
EDITORIAL NOTES
REFERENCES IN TEXT
Section 21 of the Federal Assets Sale and Transfer Act of 2016, referred to in subsecs. (b)(2) and (e), is
section 21 of Pub. L. 114–287, which is set out in a note under section 1303 of Title 40, Public Buildings,
Property, and Works.
EDITORIAL NOTES
CODIFICATION
Section is comprised of section 1154 of Pub. L. 115–270. Subsec. (a) of section 1154 of Pub. L. 115–270
amended section 579a of this title.
EDITORIAL NOTES
CODIFICATION
Section is from act July 25, 1912, popularly known as the "Rivers and Harbors Appropriation Act of 1912".
§582. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 644
Section, act July 18, 1918, ch. 155, §9, 40 Stat. 912, related to subsistence allowance to persons engaged in
field work.
EDITORIAL NOTES
CODIFICATION
Section is derived from the third proviso of Act June 26, 1936, ch. 839, 49 Stat. 1974, which was classified
to section 181a of Title 10 prior to the general revision and enactment of Title 10, Armed Forces, by act Aug.
10, 1956, ch. 1041, §1, 70A Stat. 1.
§§584, 584a. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 647, 648
Section 584, act Jan. 21, 1927, ch. 47, §5(d), 44 Stat. 1021, related to expenses incident to transportation of
household effects of civilian employees.
Section 584a, act July 3, 1930, ch. 847, §6, 46 Stat. 948, related to travel expenses of civilian employees on
river and harbor works.
EDITORIAL NOTES
CODIFICATION
Act May 16, 1906, as originally enacted, provided that: "Whenever any person, company, or corporation,
municipal or private, shall undertake to secure, for the purpose of conveying the same to the United States free
of cost, any land or easement therein, needed in connection with a work of river and harbor improvement duly
authorized by Congress, and shall be unable for any reason to obtain a valid title thereto, the Secretary of War
may, in his discretion, cause proceedings to be instituted in the name of the United States for the acquirement
by condemnation of said land or easement, and it shall be the duty of the Attorney General of the United
States to institute and conduct such proceedings upon the request of the Secretary of War: Provided, That all
the expenses of said proceedings and any award that may be made thereunder shall be paid by the said person,
company, or corporation, to secure which payment the Secretary of War may require the said person,
company, or corporation to execute a proper bond in such amount as he may deem necessary before said
proceedings are commenced."
EDITORIAL NOTES
CODIFICATION
Section is from act Aug. 8, 1917, popularly known as the "Rivers and Harbors Appropriation Act of 1917".
EDITORIAL NOTES
CODIFICATION
Section is from act July 18, 1918, popularly known as the "Rivers and Harbors Appropriation Act of 1918".
EDITORIAL NOTES
CODIFICATION
Section is from act July 18, 1918, popularly known as the "Rivers and Harbors Appropriation Act of 1918".
§596. Repealed. Pub. L. 91–646, title III, §306, Jan. 2, 1971, 84 Stat. 1907
Section, Pub. L. 86–645, title III, §301, July 14, 1960, 74 Stat. 502, declared the policy of Congress with
respect to payment of just and reasonable consideration to owners and tenants whose property is acquired for
public works projects and payment of a purchase price in negotiation for such property which will consider
such congressional policy. See provisions of Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, classified to chapter 61 (§4601 et seq.) of Title 42, The Public Health and Welfare.
EDITORIAL NOTES
CODIFICATION
"Sections 3114–3116 and 3118 of title 40" substituted in subsec. (a) for "the Act of February 26, 1931 (46
Stat. 1421)" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which
enacted Title 40, Public Buildings, Property, and Works.
EDITORIAL NOTES
REFERENCES IN TEXT
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in
subsec. (a), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to chapter 61 (§4601
et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see
Short Title note set out under section 4601 of Title 42 and Tables.
EDITORIAL NOTES
CODIFICATION
Section is from act Aug. 11, 1888, the River and Harbor Appropriation Act of 1888.
In the original text the words "said reservoirs" appeared instead of "reservoirs at the headwaters of the
Mississippi river." The provision from which this section is derived, however, followed an appropriation "for
continuing operations upon the reservoirs at the headwaters of the Mississippi river."
EDITORIAL NOTES
CODIFICATION
Except for the last sentence, the first paragraph of this section was from a part of section 3 of act June 6,
1900. The omitted portion of the original text authorized the Secretary of War, in his discretion, to terminate
the contract with James B. Eads and provided that the Secretary of War should take charge of the channel "in
case of the termination of said contract, by virtue of the provisions hereof or by expiration of said contract."
The last sentence of the first paragraph of this section was from a provision of section 1 of act June 13,
1902. Further provisions of the original text, for the purchase of lands and buildings on either side of the
South Pass, were temporary merely and are omitted. The original text provided for the use of "the dredge boat
Beta, or any other available government dredge."
The second paragraph of this section was from section 4 of act Aug. 11, 1888. In the original text, following
the words "Mississippi river," the following words appeared: "As provided for in the Act of Mar. third,
eighteen hundred and seventy-five."
The words "the sum of $10,000," are substituted for "the amount appropriated in this act for such purpose."
$10,000 was the amount appropriated for such purpose by section 1 of act June 13, 1902.
Act Mar. 3, 1875, ch. 134, mentioned in the original text, provided in section 4 et seq., 18 Stat. 463 to 466,
for a contract with James B. Eads and others to construct jetties, etc., to maintain the channel at the South
Pass.
The provisions of that act and of act Aug. 11, 1888, with regard to examinations and surveys at the South
Pass, remained in force notwithstanding the termination of said contract, by a provision of act June 13, 1902.
AMENDMENTS
1954—Act Aug. 30, 1954, repealed proviso requiring that an itemized statement of expenses incurred for
maintenance of the channel through, and securing uninterrupted examinations and surveys of, the South Pass
of the Mississippi River, as provided in this section, should accompany the annual report of the Chief of
Engineers.
§603a. Removal of snags and debris, and straightening, clearing, and protecting
channels in navigable waters
The Secretary of the Army is authorized to allot not to exceed $5,000,000 from any appropriations
made prior to or after March 2, 1945, for any one fiscal year for improvement of rivers and harbors,
for removing accumulated snags, obstructions, and other debris located in or adjacent to a Federal
channel, and for protecting, clearing, and straightening channels in navigable harbors and navigable
streams and tributaries thereof, when in the opinion of the Chief of Engineers such work is advisable
in the interest of navigation, flood control, or recreation.
(Mar. 2, 1945, ch. 19, §3, 59 Stat. 23; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501; Pub. L.
99–662, title IX, §915(g), Nov. 17, 1986, 100 Stat. 4191; Pub. L. 114–322, title I, §1164, Dec. 16,
2016, 130 Stat. 1670.)
EDITORIAL NOTES
AMENDMENTS
2016—Pub. L. 114–322 substituted "$5,000,000" for "$1,000,000", "accumulated snags, obstructions, and
other debris located in or adjacent to a Federal channel" for "accumulated snags and other debris", and ", flood
control, or recreation" for "or flood control".
1986—Pub. L. 99–662 substituted "$1,000,000" for "$300,000".
EDITORIAL NOTES
CODIFICATION
Section is from the Rivers and Harbors Appropriation Act of 1888, act Aug. 11, 1888, as affected by act
Mar. 3, 1909.
Act Mar. 3, 1909, made the provisions of act Aug. 11, 1888, for the removal of snags applicable to "the
Atchafalaya and Old Rivers from the junction with the Mississippi and Red Rivers down the Atchafalaya
River as far as Melville, Louisiana."
Section 7 of act Aug. 11, 1888, provided for "securing the uninterrupted work of operating snag boats on
the upper Mississippi River" as well as for the removal of snags. The provision for operating snag boats is set
out as section 605 of this title.
The words "the sum of $100,000" are substituted for "the amounts appropriated in this act for such
purposes." An appropriation of $100,000 for removal of snags is contained in section 1 of the act.
AMENDMENTS
1954—Act Aug. 30, 1954, repealed proviso requiring that an itemized statement of expenses incurred in the
removal of snags, etc., as provided in this section, should accompany the annual report of the Chief of
Engineers.
EDITORIAL NOTES
CODIFICATION
Section is from act, Aug. 11, 1888, as affected by acts Mar. 2, 1907, and Mar. 3, 1909.
Section 7 of act Aug. 11, 1888, also provided for the removal of snags from the Mississippi River. (See
section 604 of this title.)
The words "the sum of $25,000," are substituted for "the amounts appropriated in this act for such
purposes." An appropriation of $25,000 for operating snag boats was made in section 1 of the act.
Act Mar. 2, 1907, made the provisions of the earlier Act concerning snag boats applicable to the Illinois
river from its mouth to Copperas Creek.
Act Mar. 3, 1909, made such provisions applicable to "the Minnesota river and other tributaries of the upper
Mississippi River now or heretofore improved by the United States."
AMENDMENTS
1954—Act Aug. 30, 1954, repealed proviso requiring that an itemized statement of expenses incurred in
operation of snag boats on the Upper Mississippi River, etc., as provided in this section, should accompany
the annual report of the Chief of Engineers.
(B) constructing additional sedimentation ranges on the Mississippi River and its tributaries;
and
(C) deploying additional automatic identification system base stations at river gage sites.
(2) Prioritization
In carrying out this section, the Secretary shall prioritize the sections of the Mississippi River on
which additional and more reliable information would have the greatest impact on maintaining
navigation on the Mississippi River.
(3) Report
Not later than 1 year after June 10, 2014, the Secretary shall submit to Congress and make
publicly available a report on the activities carried out by the Secretary under this section.
(Pub. L. 113–121, title IV, §4002(a), June 10, 2014, 128 Stat. 1308.)
EDITORIAL NOTES
CODIFICATION
Section is from the Rivers and Harbors Appropriation Act of 1890, act Sept. 19, 1890, as amended by act
June 3, 1896.
The section, as originally enacted, limited the amount to be drawn for the work, by the words "not to exceed
in the aggregate for each year the sum of twenty-five thousand dollars." It was amended by act June 3, 1896
by inserting the words "fifty thousand dollars" for the words "twenty-five thousand dollars" therein.
AMENDMENTS
1954—Act Aug. 30, 1954, repealed proviso requiring that an itemized statement of expenses incurred in
removing snags, etc., from the Ohio River, as provided in this section, should accompany the annual report of
the Chief of Engineers.
EDITORIAL NOTES
CODIFICATION
Section is from act Aug. 8, 1917, the Rivers and Harbors Appropriation Act of 1917.
EDITORIAL NOTES
CODIFICATION
Section is from act Aug. 11, 1888, the Rivers and Harbors Appropriation Act of 1888.
§609. Sluices and other work in dams for development of water power
In order to make possible the economical future development of water power, the Secretary of the
Army, upon recommendation of the Chief of Engineers, is authorized, in his discretion, to provide in
the permanent parts of any dam authorized at any time by Congress for the improvement of
navigation such foundations, sluices, and other works, as may be considered desirable for the future
development of its water power.
(July 25, 1912, ch. 253, §12, 37 Stat. 233; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)
EDITORIAL NOTES
CODIFICATION
Section is from act July 25, 1912, the Rivers and Harbors Appropriation Act of 1912.
(II) may include any other entity (such as a nonprofit organization or institution of
higher education), as determined by the Secretary.
(ii) Invasive plant species
The term "invasive plant species" means a plant that is nonnative to the ecosystem under
consideration, the introduction of which causes or is likely to cause economic harm or harm
to human health.
(B) Pilot program
The Secretary of the Interior, acting through the Director of the United States Fish and
Wildlife Service, shall establish a pilot program under which such Secretary shall work with
eligible entities to carry out activities—
(i) to remove invasive plant species in riparian areas that contribute to drought conditions
in—
(I) the Lower Colorado River Basin;
(II) the Rio Grande River Basin;
(III) the Texas Gulf Coast Basin; and
(IV) the Arkansas-White-Red Basin;
(ii) where appropriate, to replace the invasive plant species described in clause (i) with
ecologically suitable native species; and
(iii) to maintain and monitor riparian areas in which activities are carried out under clauses
(i) and (ii).
(C) Report to Congress
Not later than 18 months after December 27, 2020, the Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife Service, shall submit to the
Committee on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report describing the
implementation of the pilot program.
(D) Termination of authority
The authority provided under this paragraph shall terminate on September 30, 2024.
(4) Cost share
The Federal share of an action carried out under a partnership under paragraph (2) or an activity
carried out under the pilot program under paragraph (3) shall not exceed 80 percent of the total
cost of the action or activity.
(Pub. L. 85–500, title I, §104, July 3, 1958, 72 Stat. 300; Pub. L. 89–298, title III, §302, Oct. 27,
1965, 79 Stat. 1092; Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 313; Pub. L. 99–662, title IX,
§941, Nov. 17, 1986, 100 Stat. 4199; Pub. L. 104–303, title II, §225, Oct. 12, 1996, 110 Stat. 3697;
Pub. L. 106–53, title II, §205, Aug. 17, 1999, 113 Stat. 285; Pub. L. 113–121, title I, §1039(d), June
10, 2014, 128 Stat. 1238; Pub. L. 114–322, title I, §1178(b), Dec. 16, 2016, 130 Stat. 1674; Pub. L.
115–270, title I, §1170, Oct. 23, 2018, 132 Stat. 3798; Pub. L. 116–260, div. AA, title V, §505, Dec.
27, 2020, 134 Stat. 2746.)
EDITORIAL NOTES
REFERENCES IN TEXT
Executive Order 13112, referred to in subsecs. (f)(1) and (g)(1), is set out as a note under section 4321 of
Title 42, The Public Health and Welfare.
AMENDMENTS
2020—Subsec. (b)(1). Pub. L. 116–260, §505(1)(A)(i), substituted "this section (except for subsections (f)
and (g)) $130,000,000" for "this section $110,000,000" in introductory provisions.
Subsec. (b)(1)(D), (E). Pub. L. 116–260, §505(1)(A)(ii)–(iv), added subpars. (D) and (E).
Subsec. (b)(2). Pub. L. 116–260, §505(1)(C), added par. (2). Former par. (2) redesignated (3).
Subsec. (b)(3). Pub. L. 116–260, §505(1)(B), (D), redesignated par. (2) as (3) and inserted "or (2)(A)" after
"paragraph (1)".
Subsec. (d). Pub. L. 116–260, §505(2)(A), inserted "and Decontamination" after "inspection" in heading.
Subsec. (d)(1)(A). Pub. L. 116–260, §505(2)(B)(i)(I), (D), inserted "and decontamination" after
"inspection" in heading and substituted "watercraft inspection and decontamination stations" for "watercraft
inspection stations" in introductory provisions.
Subsec. (d)(1)(A)(iii). Pub. L. 116–260, §505(2)(B)(i)(III), substituted "Arkansas River Basins;" for
"Arizona River Basins."
Subsec. (d)(1)(A)(iv), (v). Pub. L. 116–260, §505(2)(B)(i)(II), (IV), added cls. (iv) and (v).
Subsec. (d)(1)(B). Pub. L. 116–260, §505(2)(B)(ii), added subpar. (B) and struck out former subpar. (B).
Prior to amendment, text read as follows: "The Secretary shall establish watercraft inspection stations under
subparagraph (A) at locations with the highest likelihood of preventing the spread of aquatic invasive species
at reservoirs operated and maintained by the Secretary, as determined by the Secretary in consultation with
States within the areas described in subparagraph (A)."
Subsec. (d)(2). Pub. L. 116–260, §505(2)(D), substituted "watercraft inspection and decontamination
stations" for "watercraft inspection stations" in introductory provisions.
Subsec. (d)(3)(A). Pub. L. 116–260, §505(2)(C), substituted "(v)" for "(iii)" in introductory provisions.
Subsecs. (f), (g). Pub. L. 116–260, §505(3), added subsecs. (f) and (g).
2018—Subsec. (b). Pub. L. 115–270, §1170(1), amended subec. (b) generally. Prior to amendment, text
read as follows: "There are authorized to be appropriated such amounts, not in excess of $40,000,000, of
which $20,000,000 shall be made available to implement subsection (d), annually, as may be necessary to
carry out the provisions of this section. Any such funds employed for control operations shall be allocated by
the Chief of Engineers on a priority basis, based upon the urgency and need of each area, and the availability
of local funds."
Subsec. (d)(1). Pub. L. 115–270, §1170(2)(A), amended par. (1) generally. Prior to amendment, text read as
follows: "In carrying out this section, the Secretary may establish, operate, and maintain new or existing
watercraft inspection stations to protect the Columbia River Basin to be located in the States of Idaho,
Montana, Oregon, and Washington at locations, as determined by the Secretary in consultation with such
States, with the highest likelihood of preventing the spread of aquatic invasive species at reservoirs operated
and maintained by the Secretary. The Secretary shall also assist the States referred to in this paragraph with
rapid response to any aquatic invasive species, including quagga or zebra mussel, infestation."
Subsec. (d)(3)(A). Pub. L. 115–270, §1170(2)(B), amended subpar. (A) generally. Prior to amendment, text
read as follows: "the Governors of the States described in paragraph (1);".
2016—Subsec. (d)(1). Pub. L. 114–322, §1178(b)(1)(A), added par. (1) and struck out former par. (1). Prior
to amendment, text read as follows: "In carrying out this section, the Secretary may establish watercraft
inspection stations in the Columbia River Basin to be located in the States of Idaho, Montana, Oregon, and
Washington at locations, as determined by the Secretary, with the highest likelihood of preventing the spread
of aquatic invasive species at reservoirs operated and maintained by the Secretary."
Subsec. (d)(3)(A). Pub. L. 114–322, §1178(b)(1)(B), inserted "Governors of the" before "States".
Subsec. (e)(3). Pub. L. 114–322, §1178(b)(2), added par. (3) and struck out former par. (3) which read as
follows: "establish watershed-wide plans for expedited response to an infestation of aquatic invasive species;
and".
2014—Subsec. (a). Pub. L. 113–121, §1039(d)(1)(A)–(C), designated first, second, and third sentences as
pars. (1) to (3), respectively, and inserted headings.
Subsec. (a)(1). Pub. L. 113–121, §1039(d)(1)(D)(ii), inserted "and aquatic invasive species" after "noxious
aquatic plant growths".
Pub. L. 113–121, §1039(d)(1)(D)(i), which directed substitution of "prevention, control, and progressive"
for "control and progressive,", was executed by making the substitution for "control and progressive" to reflect
the probable intent of Congress.
Subsec. (b). Pub. L. 113–121, §1039(d)(2), substituted "$40,000,000, of which $20,000,000 shall be made
available to implement subsection (d), annually" for "$15,000,000 annually".
Subsecs. (d), (e). Pub. L. 113–121, §1039(d)(3), added subsecs. (d) and (e).
1999—Subsec. (a). Pub. L. 106–53, §205(1), substituted "noxious aquatic plant growths from" for
"water-hyacinth, alligatorweed, Eurasian water milfoil, melaleuca, and other obnoxious aquatic plant growths,
from" in first sentence.
Subsec. (b). Pub. L. 106–53, §205(2), substituted "$15,000,000" for "$12,000,000" in first sentence.
Subsec. (c). Pub. L. 106–53, §205(3), added subsec. (c).
1996—Subsec. (a). Pub. L. 104–303 inserted "melaleuca," after "milfoil,".
1986—Subsec. (b). Pub. L. 99–662 substituted "$12,000,000" for "$10,000,000".
1983—Subsec. (b). Pub. L. 98–63 substituted "$10,000,000" for "$5,000,000".
1965—Subsec. (a). Pub. L. 89–298 designated part of existing provisions as subsec. (a), substituting
"comprehensive program" and "other allied waters of the United States" for "comprehensive project" and
"other allied waters in the States of North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi,
Louisiana, and Texas", respectively, providing for control and eradication of Eurasian water milfoil, and
striking out "in accordance with the report of the Chief of Engineers, published as House Document
Numbered 37, Eighty-fifth Congress" after "Federal and State agencies".
Subsec. (b). Pub. L. 89–298 designated part of existing provisions as subsec. (b), substituting the
appropriations authorization of $5,000,000 annually as first sentence for former provisions which authorized
"an estimated additional cost for the expanded program over that now underway of $1,350,000 annually for
five years, of which 70 per centum, presently estimated at $945,000, shall be borne by the United States and
30 per centum, presently estimated at $405,000, by local interests" and incorporating former second proviso in
second sentence.
EDITORIAL NOTES
CODIFICATION
Section is from the Rivers and Harbors Appropriation Act of 1922.
§622. Contracts, etc., with private industry for implementation of projects for
improvements and dredging; reduction of federally owned fleet
(a) Contracts for dredging and related work
The Secretary of the Army, acting through the Chief of Engineers (hereinafter referred to as the
"Secretary"), in carrying out projects for improvement of rivers and harbors (other than surveys,
estimates, and gagings) shall, by contract or otherwise, carry out such work in the manner most
economical and advantageous to the United States. The Secretary shall have dredging and related
work done by contract if he determines private industry has the capability to do such work and it can
be done at reasonable prices and in a timely manner. During the four-year period which begins on
April 26, 1978, the Secretary may limit the application of the second sentence of this subsection for
work for which the federally owned fleet is available to achieve an orderly transition to full
implementation of this subsection.
(b) Reduction of federally owned fleet
As private industry reasonably demonstrates its capability under subsection (a) to perform the
work done by the federally owned fleet, at reasonable prices and in a timely manner, the federally
owned fleet shall be reduced in an orderly manner, as determined by the Secretary, by retirement of
plant. To carry out emergency and national defense work the Secretary shall retain only the
minimum federally owned fleet capable of performing such work and he may exempt from the
provisions of this section such amount of work as he determines to be reasonably necessary to keep
such fleet fully operational, as determined by the Secretary, after the minimum fleet requirements
have been determined. Notwithstanding the preceding sentence, in carrying out the reduction of the
federally owned fleet, the Secretary may retain so much of the federally owned fleet as he determines
necessary, for so long as he determines necessary, to insure the capability of the Federal Government
and private industry together to carry out projects for improvements of rivers and harbors. For the
purpose of making the determination required by the preceding sentence the Secretary shall not
exempt any work from the requirements of this section. The minimum federally owned fleet shall be
maintained to technologically modern and efficient standards, including replacement as necessary.
The Secretary is authorized and directed to undertake a study to determine the minimum federally
owned fleet required to perform emergency and national defense work. The study, which shall be
submitted to Congress within two years after April 26, 1978, shall also include preservation of
employee rights of persons presently employed on the existing federally owned fleet.
(c) Program to increase use of private hopper dredges
(1) Initiation
The Secretary shall initiate a program to increase the use of private-industry hopper dredges for
the construction and maintenance of Federal navigation channels.
(2) Ready reserve status for hopper dredge Wheeler
In order to carry out this subsection, the Secretary shall place the Federal hopper dredge
Wheeler in a ready reserve status not later than the earlier of 90 days after the date of completion
of the rehabilitation of the hopper dredge McFarland pursuant to section 563 of the Water
Resources Development Act of 1996 or October 1, 1997.
(3) Testing and use of ready reserve hopper dredge
The Secretary may periodically perform routine tests of the equipment of the vessel placed in a
ready reserve status under paragraph (2) to ensure the vessel's ability to perform emergency work.
The Secretary shall not assign any scheduled hopper dredging work to such vessel but shall
perform any repairs needed to maintain the vessel in a fully operational condition. The Secretary
may place the vessel in active status in order to perform any dredging work only if the Secretary
determines that private industry has failed to submit a responsive and responsible bid for work
advertised by the Secretary or to carry out the project as required pursuant to a contract with the
Secretary.
(4) Repair and rehabilitation
The Secretary may undertake any repair and rehabilitation of any Federal hopper dredge,
including the vessel placed in ready reserve status under paragraph (2) to allow the vessel to be
placed in active status as provided in paragraph (3).
(5) Procedures
The Secretary shall develop and implement procedures to ensure that, to the maximum extent
practicable, private industry hopper dredge capacity is available to meet both routine and
time-sensitive dredging needs. Such procedures shall include—
(A) scheduling of contract solicitations to effectively distribute dredging work throughout the
dredging season; and
(B) use of expedited contracting procedures to allow dredges performing routine work to be
made available to meet time-sensitive, urgent, or emergency dredging needs.
(6) Report
Not later than 2 years after October 12, 1996, the Secretary shall report to Congress on whether
the vessel placed in ready reserve status under paragraph (2) is needed to be returned to active
status or continued in a ready reserve status or whether another Federal hopper dredge should be
placed in a ready reserve status.
(7) Limitations
(A) Reductions in status
The Secretary may not further reduce the readiness status of any Federal hopper dredge
below a ready reserve status except any vessel placed in such status for not less than 5 years that
the Secretary determines has not been used sufficiently to justify retaining the vessel in such
status.
(B) Increase in assignments of dredging work
For each fiscal year beginning after October 12, 1996, the Secretary shall not assign any
greater quantity of dredging work to any Federal hopper dredge in active status than was
assigned to that vessel in the average of the 3 prior fiscal years. This subparagraph shall not
apply to the Federal hopper dredges Essayons and Yaquina of the Corps of Engineers.
(C) Remaining dredges
In carrying out the program under this section, the Secretary shall not reduce the availability
and utilization of Federal hopper dredge vessels stationed on the Pacific and Atlantic coasts
below that which occurred in fiscal year 1996 to meet the navigation dredging needs of the
ports on those coasts.
(8) Contracts; payment of capital costs
The Secretary may enter into a contract for the maintenance and crewing of any Federal hopper
dredge retained in a ready reserve status. The capital costs (including depreciation costs) of any
dredge retained in such status shall be paid for out of funds made available from the Harbor
Maintenance Trust Fund and shall not be charged against the Corps of Engineers' Revolving Fund
Account or any individual project cost unless the dredge is specifically used in connection with
that project.
(Aug. 11, 1888, ch. 860, §3, 25 Stat. 423; July 25, 1912, ch. 253, §1, 37 Stat. 222; Mar. 2, 1919, ch.
95, §3, 40 Stat. 1287; Pub. L. 95–269, §1, Apr. 26, 1978, 92 Stat. 218; Pub. L. 104–303, title II,
§237, Oct. 12, 1996, 110 Stat. 3705; Pub. L. 110–114, title II, §2047(b), Nov. 8, 2007, 121 Stat.
1106.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 563 of the Water Resources Development Act of 1996, referred to in subsec. (c)(2), is section 563
of Pub. L. 104–303, Oct. 12, 1996, 110 Stat. 3784, which is not classified to the Code.
CODIFICATION
Prior to the general amendment by Pub. L. 95–269, this section was a composite of several Acts as follows:
The first sentence was from a part of section 3 of Act of Aug. 11, 1888, the Rivers and Harbors
Appropriation Act of 1888. The remainder of section 3 was classified to section 623 of this title.
The second sentence, which provided that all improvement works authorized by contract may, in the
discretion of the Secretary of War [now Army], be carried on by contract or otherwise, as may be most
economical or advantageous to the United States, was from section 1 of the Act of July 25, 1912, the Rivers
and Harbors Appropriation Act of 1912. Previous similar provisions were contained in Acts Mar. 2, 1907, ch.
2509, §1, 34 Stat. 1110; Feb. 27, 1911, ch. 166, §1, 36 Stat. 952.
The third sentence, which provided that in all cases where the project for a work of river or harbor
improvement provides for the construction or use of Government dredging plant, the Secretary of War [now
Army] may, in his discretion, have the work done by contract if reasonable prices can be obtained, was from
section 3 of the Act of Mar. 2, 1919, the Rivers and Harbors Appropriation Act of 1919, which superseded a
somewhat similar provision in section 3 of the Act of Aug. 8, 1917, ch. 49, 40 Stat. 261. Section 1 of the 1917
Act, 40 Stat. 255, provided in part that "the work proposed under the project adopted by the river and harbor
Act approved July twenty-fifth, nineteen hundred and twelve, may be done by contract if reasonable prices
can be obtained".
AMENDMENTS
2007—Subsec. (c)(7)(B). Pub. L. 110–114 inserted "This subparagraph shall not apply to the Federal
hopper dredges Essayons and Yaquina of the Corps of Engineers." at end.
1996—Subsec. (c). Pub. L. 104–303 added subsec. (c).
1978—Pub. L. 95–269 designated existing provision as subsec. (a), substituted provisions relating to
authority of Secretary of the Army, acting through the Chief of Engineers, to implement improvement projects
by contract or otherwise and dredging and related work by contract with private industry, for provisions
relating to authority of the Secretary of the Army to apply moneys appropriated for improvements by contract
or otherwise and for construction or use of a Government dredging plant by contract, and added subsec. (b).
§623. Repealed. Oct. 31, 1951, ch. 654, §1(57), 65 Stat. 703
Section, act Aug. 11, 1888, ch. 860, §3, 25 Stat. 423, related to letting of contracts to lowest responsible
bidder.
EDITORIAL NOTES
CODIFICATION
Section is from the Rivers and Harbors Appropriation Act of 1919.
AMENDMENTS
1978—Pub. L. 95–269 designated existing provision as subsec. (a), substituted provisions relating to
determinations by the Secretary of the Army, acting through the Chief of Engineers, respecting contract prices
for performance of works of river and harbor improvement by a Government plant or by a well-equipped
contractor as a limitation on performance of the work by private contract, for provisions relating to limitation
on use of funds for works of river and harbor improvement pursuant to private contract based on estimation of
cost for performance of work by Government plant and factors constituting cost estimation, and added
subsecs. (b) and (c).
§625. Repealed. Oct. 31, 1951, ch. 654, §1(58), 65 Stat. 703
Section, acts Sept. 19, 1890, ch. 907, §2, 26 Stat. 452; July 25, 1912, ch. 253, §8, 37 Stat. 233, related to
combining several projects in one contract.
EDITORIAL NOTES
CODIFICATION
Section is from part of section 8 of the Rivers and Harbors Appropriation Act of 1912. The omitted part of
such section 8 was set out in section 625 of this title.
EDITORIAL NOTES
CODIFICATION
Section is from the Rivers and Harbors Appropriation Act of 1915.
PRIOR PROVISIONS
Section 3 of act Mar. 4, 1915, superseded act Mar. 4, 1913, ch. 144, §7, 37 Stat. 827, which read as follows:
"Where separate works or items are consolidated in this or subsequent river and harbor Acts and an
aggregate amount is appropriated therefor the amounts appropriated shall, unless otherwise expressed, be
expended in securing maintenance and improvement according to the respective projects adopted by
Congress, after giving due regard to the respective needs of traffic. The allotments to the respective works
consolidated shall be made by the Secretary of War upon recommendations by the Chief of Engineers. In case
such works or items are consolidated and separate amounts are given with each project, the amounts so named
shall be expended upon such separate projects unless, in the discretion of the Secretary of War, another
allotment or division should be made of the same. Any balances remaining to the credit of the consolidated
items shall be carried to the credit of the respective aggregate amounts appropriated for the consolidated
items."
EDITORIAL NOTES
CODIFICATION
Section is from the Rivers and Harbors Appropriation Act of 1892.
EDITORIAL NOTES
CODIFICATION
Section is from the Rivers and Harbors Appropriation Act of 1907.
The part of the original text omitted here repealed act Apr. 28, 1904, ch. 1761, §4, 33 Stat. 452.
EDITORIAL NOTES
CODIFICATION
Section is from part of section 5 of the Rivers and Harbors Appropriation Act for 1922.
The omitted portion of that section authorized the construction of six seagoing hopper dredges and limited
the cost of each to $750,000.
EDITORIAL NOTES
CODIFICATION
Section is from part of section 5 of the Rivers and Harbors Appropriation Act of 1902.
The omitted part of that section is set out as section 558 of this title.
§632. Omitted
EDITORIAL NOTES
CODIFICATION
Section, act June 25, 1910, ch. 382, §5, 36 Stat. 676, provided that the requirements of R.S. §3744, section
16 of former Title 41, Public Contracts, should not apply to the lease of certain property or hire of vessels for
use in connection with river and harbor improvements where the period of the lease or hire did not exceed
three months. R.S. §3744, which required contracts by the Secretaries of War, Navy, and Interior to be in
writing and filed in the returns office of the Interior Department, was repealed by act Oct. 21, 1941, ch. 452,
55 Stat. 743.
EDITORIAL NOTES
AMENDMENTS
1965—Pub. L. 89–298 provided for payment of the reasonable cost of replacing, relocating, or
reconstructing the facility to a reasonable standard, not exceeding minimum standard of State or political
subdivision for same type of facility involved, except that if the existing facility exceeds the minimum
standard of the State or political subdivision, the Chief of Engineers may provide a facility of comparable
standard, in provision designated as clause (1), eliminated former provision for payment of reasonable actual
cost of the remedial work, and designated existing provisions as clause (2).
EDITORIAL NOTES
CODIFICATION
This was the first section of an act entitled "An act to provide for the appointment of a 'Mississippi River
Commission' for the improvement of said river from the Head of the Passes near its mouth to its head-waters".
EDITORIAL NOTES
AMENDMENTS
2012—Pub. L. 112–166 struck out ", by and with the advice and consent of the Senate," after "United States
shall".
1966—Pub. L. 89–789 inserted ", except those appointed from civil life," and provided a nine year term for
each commissioner appointed from civil life after Nov. 7, 1966.
EXECUTIVE DOCUMENTS
CHANGE OF NAME
Coast and Geodetic Survey consolidated with National Weather Bureau in 1965 to form Environmental
Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat.
1318. Environmental Science Services Administration abolished in 1970 and its personnel, property, records,
etc., transferred to National Oceanic and Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct.
3, 1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate Administrator of National Oceanic
Atmospheric Administration, 35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated National
Ocean Survey. See notes set out under section 311 of Title 15, Commerce and Trade.
TRANSFER OF FUNCTIONS
Functions of all officers of Department of Commerce and functions of all officers and employees of such
Department transferred, with a few exceptions, to Secretary of Commerce, with power vested in him to
authorize their performance or performance of any of his functions by any of such officers, agencies and
employees, by Reorg. Plan No. 5 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in
the Appendix to Title 5, Government Organization and Employees.
EDITORIAL NOTES
CODIFICATION
Section was formerly classified to section 1026b of title 10 prior to the general revision and enactment of
Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041, §1, 70A Stat. 1.
§643. Omitted
EDITORIAL NOTES
CODIFICATION
Section, acts June 28, 1879, ch. 43, §2, 21 Stat. 37; June 25, 1910, ch. 382, §1, 36 Stat. 658; Mar. 1, 1917,
ch. 144, §4, 39 Stat. 951, related to compensation of commissioners. See section 702h of this title.
EXECUTIVE DOCUMENTS
CHANGE OF NAME
Coast and Geodetic Survey consolidated with National Weather Bureau in 1965 to form Environmental
Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat.
1318. Environmental Science Services Administration abolished in 1970 and its personnel, property, records,
etc., transferred to National Oceanic and Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct.
3, 1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate Administrator of National Oceanic
Atmospheric Administration, 35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated National
Ocean Survey. See notes set out under section 311 of Title 15, Commerce and Trade.
TRANSFER OF FUNCTIONS
Functions of all officers of Department of Commerce and functions of all officers and employees of such
Department transferred, with a few exceptions, to Secretary of Commerce, with power vested in him to
authorize their performance or performance of any of his functions by any of such officers, agencies, and
employees, by Reorg. Plan No. 5 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in
Appendix to Title 5, Government Organization and Employees.
EDITORIAL NOTES
CODIFICATION
Section is from part of section 1 of the Rivers and Harbors Appropriation Act of 1916.
EDITORIAL NOTES
CODIFICATION
Section is from part of section 1 of the Rivers and Harbors Appropriation Act of 1916.
§650. Mississippi River below Rock Island; levee and bank protection
Any funds which are appropriated by Congress for improving the Mississippi River between Head
of Passes and the mouth of the Ohio River, and which may be allotted to levees, may be expended,
under the direction of the Secretary of the Army, in accordance with the plans, specifications, and
recommendations of the Mississippi River Commission, as approved by the Chief of Engineers, for
levees upon any part of said river between Head of Passes and Rock Island, Illinois, in such manner
as, in their opinion, shall best improve navigation and promote the interest of commerce at all stages
of the river.
(July 27, 1916, ch. 260, §1, 39 Stat. 402; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)
EDITORIAL NOTES
CODIFICATION
Section is from part of section 1 of the Rivers and Harbors Appropriation Act of 1916.
PRIOR PROVISIONS
This provision superseded act June 4, 1906, ch. 2572, 34 Stat. 208, which contained similar provisions.
§651. Tributaries of Mississippi River below Cairo; levee and bank protection
The jurisdiction of the Mississippi River Commission is extended, for the purposes of levee
protection and bank protection, to the tributaries and outlets of the Mississippi River between Cairo,
Illinois, and the Head of the Passes, in so far as these tributaries and outlets are affected by the flood
waters of the Mississippi River.
(Sept. 22, 1922, ch. 427, §13, 42 Stat. 1047.)
EDITORIAL NOTES
CODIFICATION
Section is from the Rivers and Harbors Appropriation Act for the year 1922.
(B) ADVISORY COMMITTEE.—In carrying out subparagraph (A)(i), the Secretary shall
establish an independent technical advisory committee to review projects, monitoring plans, and
habitat and natural resource needs assessments.
(2) REPORTS.—Not later than December 31, 2004, and not later than December 31 of every sixth
year thereafter, the Secretary, in consultation with the Secretary of the Interior and the States of
Illinois, Iowa, Minnesota, Missouri, and Wisconsin, shall submit to Congress a report that—
(A) contains an evaluation of the programs described in paragraph (1);
(B) describes the accomplishments of each of the programs;
(C) provides updates of a systemic habitat needs assessment; and
(D) identifies any needed adjustments in the authorization of the programs.
(3) For purposes of carrying out paragraph (1)(A)(i) of this subsection, there is authorized to be
appropriated to the Secretary $40,000,000 for fiscal year 1999 and each fiscal year thereafter.
(4) For purposes of carrying out paragraph (1)(A)(ii) of this subsection, there is authorized to be
appropriated to the Secretary $15,000,000 for fiscal year 1999 and each fiscal year thereafter.
(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to
carry out paragraph (1)(B) $350,000 for each of fiscal years 1999 through 2009.
(6) TRANSFER OF AMOUNTS.—For fiscal year 1999 and each fiscal year thereafter, the
Secretary, in consultation with the Secretary of the Interior and the States of Illinois, Iowa,
Minnesota, Missouri, and Wisconsin, may transfer not to exceed 20 percent of the amounts
appropriated to carry out clause (i) or (ii) of paragraph (1)(A) to the amounts appropriated to carry
out the other of those clauses.
(7)(A) Notwithstanding the provisions of subsection (a)(2) of this section, the costs of each project
carried out pursuant to paragraph (1)(A)(i) of this subsection shall be allocated between the Secretary
and the appropriate non-Federal sponsor in accordance with the provisions of section 2283(e) of this
title; except that the costs of operation and maintenance of projects located on Federal lands or lands
owned or operated by a State or local government shall be borne by the Federal, State, or local
agency that is responsible for management activities for fish and wildlife on such lands and, in the
case of any project requiring non-Federal cost sharing, the non-Federal share of the cost of the
project shall be 35 percent.
(B) Notwithstanding the provisions of subsection (a)(2) of this section, the cost of implementing
the activities authorized by paragraph (1)(A)(ii) of this subsection shall be allocated in accordance
with the provisions of section 2283 of this title, as if such activity was required to mitigate losses to
fish and wildlife.
(8) None of the funds appropriated pursuant to any authorization contained in this subsection shall
be considered to be chargeable to navigation.
(f) Recreational projects authority
(1) The Secretary, in consultation with any agency established under subsection (d)(1) of this
section, is authorized to implement a program of recreational projects for the system substantially in
accordance with the recommendations of the GREAT I, GREAT II, and GRRM studies and the
master plan reports. In addition, the Secretary, in consultation with any such agency, shall, at Federal
expense, conduct an assessment of the economic benefits generated by recreational activities in the
system. The cost of each such project shall be allocated between the Secretary and the appropriate
non-Federal sponsor in accordance with title I of this Act [33 U.S.C. 2211 et seq.].
(2) For purposes of carrying out the program of recreational projects authorized in paragraph (1)
of this subsection, there is authorized to be appropriated to the Secretary not to exceed $500,000 per
fiscal year for each of the first 15 fiscal years beginning after November 17, 1986.
(g) Increases in lock capacity
The Secretary shall, in his budget request, identify those measures developed by the Secretary, in
consultation with the Secretary of Transportation and any agency established under subsection (d)(1)
of this section, to be undertaken to increase the capacity of specific locks throughout the system by
employing nonstructural measures and making minor structural improvements.
(h) Monitoring of traffic movements
(1) The Secretary, in consultation with any agency established under subsection (d)(1) of this
section, shall monitor traffic movements on the system for the purpose of verifying lock capacity,
updating traffic projections, and refining the economic evaluation so as to verify the need for future
capacity expansion of the system.
(2) DETERMINATION.—
(A) IN GENERAL.—The Secretary, in consultation with the Secretary of the Interior and the
States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, shall determine the need for river
rehabilitation and environmental enhancement and protection based on the condition of the
environment, project developments, and projected environmental impacts from implementing any
proposals resulting from recommendations made under subsection (g) and paragraph (1) of this
subsection.
(B) REQUIREMENTS.—The Secretary shall—
(i) complete the ongoing habitat needs assessment conducted under this paragraph not later
than September 30, 2000; and
(ii) include in each report under subsection (e)(2) the most recent habitat needs assessment
conducted under this paragraph.
(3) There is authorized to be appropriated to the Secretary such sums as may be necessary to carry
out this subsection.
(i) Disposal of dredged material
(1) The Secretary shall, as he determines feasible, dispose of dredged material from the system
pursuant to the recommendations of the GREAT I, GREAT II, and GRRM studies.
(2) The Secretary shall establish and request appropriate Federal funding for a program to
facilitate productive uses of dredged material. The Secretary shall work with the States which have,
within their boundaries, any part of the system to identify potential users of dredged material.
(j) Construction of second lock at locks and dam 26, Mississippi River, Alton, Illinois and
Missouri
The Secretary is authorized to provide for the engineering, design, and construction of a second
lock at locks and dam 26, Mississippi River, Alton, Illinois and Missouri, at a total cost of
$220,000,000, with a first Federal cost of $220,000,000. Such second lock shall be one hundred and
ten feet by six hundred feet and shall be constructed at or in the vicinity of the location of the
replacement lock authorized by section 102 of Public Law 95–502. Section 2212 of this title shall
apply to the project authorized by this subsection.
(Pub. L. 99–662, title XI, §1103, Nov. 17, 1986, 100 Stat. 4225; Pub. L. 101–640, title IV, §405,
Nov. 28, 1990, 104 Stat. 4646; Pub. L. 102–580, title I, §107, Oct. 31, 1992, 106 Stat. 4815; Pub. L.
106–53, title V, §509, Aug. 17, 1999, 113 Stat. 339; Pub. L. 106–109, §2, Nov. 24, 1999, 113 Stat.
1494; Pub. L. 110–114, title III, §3177, Nov. 8, 2007, 121 Stat. 1155; Pub. L. 116–260, div. AA, title
III, §307, Dec. 27, 2020, 134 Stat. 2704.)
EDITORIAL NOTES
REFERENCES IN TEXT
Public Law 95–502, referred to in subsecs. (b)(2) and (j), is Pub. L. 95–502, Oct. 21, 1978, 92 Stat. 1693, as
amended. Section 102 of Pub. L. 95–502 is not classified to the Code. For complete classification of this Act
to the Code, see Tables.
This Act, referred to in subsec. (f)(1), is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, as amended, known
as the Water Resources Development Act of 1986. Title I of this Act is classified generally to subchapter I
(§2211 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see Short Title
note set out under section 2201 of this title and Tables.
CODIFICATION
Subsec. (c)(2) of this section amended section 101 of Pub. L. 95–502, which is set out as a note under
section 1962b–3 of Title 42, The Public Health and Welfare.
AMENDMENTS
2020—Subsec. (e)(3). Pub. L. 116–260, §307(1), substituted "$40,000,000" for "$22,750,000".
Subsec. (e)(4). Pub. L. 116–260, §307(2), substituted "$15,000,000" for "$10,420,000".
2007—Subsec. (e)(1)(A)(ii). Pub. L. 110–114 inserted ", including research on water quality issues
affecting the Mississippi River (including elevated nutrient levels) and the development of remediation
strategies" before period at end.
1999—Subsec. (e). Pub. L. 106–53, §509(a), inserted subsec. heading, added par. (1), and struck out former
par. (1) which read as follows: "The Secretary, in consultation with the Secretary of the Interior and the States
of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, is authorized to undertake, as identified in the master
plan—
"(A) a program for the planning, construction, and evaluation of measures for fish and wildlife habitat
rehabilitation and enhancement;
"(B) implementation of a long-term resource monitoring program; and
"(C) implementation of a computerized inventory and analysis system."
Subsec. (e)(2). Pub. L. 106–53, §509(b), added par. (2) and struck out former par. (2) which read as
follows: "Each program referred to in paragraph (1) shall be carried out for 15 years. Before the last day of
such 15-year period, the Secretary, in consultation with the Secretary of the Interior and the States of Illinois,
Iowa, Minnesota, Missouri, and Wisconsin, shall conduct an evaluation of such programs and submit a report
on the results of such evaluation to Congress. Such evaluation shall determine each such program's
effectiveness, strengths, and weaknesses and contain recommendations for the modification and continuance
or termination of such program."
Subsec. (e)(3). Pub. L. 106–53, §509(c)(1), substituted "(1)(A)(i)" for "(1)(A)" and "Secretary $22,750,000
for fiscal year 1999 and each fiscal year thereafter" for "Secretary not to exceed $8,200,000 for the first fiscal
year beginning after November 17, 1986, not to exceed $12,400,000 for the second fiscal year beginning after
November 17, 1986, and not to exceed $13,000,000 per fiscal year for each of the succeeding 13 fiscal years".
Subsec. (e)(4). Pub. L. 106–53, §509(c)(2), substituted "(1)(A)(ii)" for "(1)(B)" and "Secretary $10,420,000
for fiscal year 1999 and each fiscal year thereafter" for "Secretary not to exceed $7,680,000 for the first fiscal
year beginning after November 17, 1986, and not to exceed $5,080,000 per fiscal year for each of the
succeeding 14 fiscal years".
Subsec. (e)(5). Pub. L. 106–109 substituted "paragraph (1)(B)" for "paragraph (1)(A)(i)".
Pub. L. 106–53, §509(c)(3), added par. (5) and struck out former par. (5) which read as follows: "For
purposes of carrying out paragraph (1)(C) of this subsection, there is authorized to be appropriated to the
Secretary not to exceed $40,000 for the first fiscal year beginning after November 17, 1986, not to exceed
$280,000 for the second fiscal year beginning after November 17, 1986, not to exceed $1,220,000 for the third
fiscal year beginning after November 17, 1986, and not to exceed $875,000 per fiscal year for each of the
succeeding 12 fiscal years".
Subsec. (e)(6). Pub. L. 106–53, §509(d), added par. (6) and struck out former par. (6) which contained
provisions limiting transfers to 20% of appropriated amounts and setting out specific maximum monetary
amounts.
Subsec. (e)(7)(A). Pub. L. 106–53, §509(e), (g)(1)(A), substituted "(1)(A)(i)" for "(1)(A)" and inserted
before period at end "and, in the case of any project requiring non-Federal cost sharing, the non-Federal share
of the cost of the project shall be 35 percent".
Subsec. (e)(7)(B). Pub. L. 106–53, §509(g)(1)(B), substituted "paragraph (1)(A)(ii)" for "paragraphs (1)(B)
and (1)(C)".
Subsec. (f)(2). Pub. L. 106–53, §509(g)(2), struck out "(A)" after "(2)" and struck out subpar. (B) which
read as follows: "For purposes of carrying out the assessment of the economic benefits of recreational
activities as authorized in paragraph (1) of this subsection, there is authorized to be appropriated to the
Secretary not to exceed $300,000 per fiscal year for the first and second fiscal years beginning after the
computerized inventory and analysis system implemented pursuant to subsection (e)(1)(C) of this section is
fully functional and $150,000 for the third such fiscal year".
Subsec. (h)(2). Pub. L. 106–53, §509(f), inserted par. heading, designated existing provisions as subpar. (A)
and inserted heading, and added subpar. (B).
1992—Subsec. (e)(2). Pub. L. 102–580, §107(a)(1), which directed the substitution of "15" for "ten" each
place it appears, could not be executed because "ten" did not appear subsequent to amendment by Pub. L.
101–640, §405(1). See 1990 Amendment note below.
Subsec. (e)(6). Pub. L. 102–580, §107(a)(3), added par. (6). Former par. (6) redesignated (7).
Subsec. (e)(7). Pub. L. 102–580, §107(a)(2), redesignated par. (6) as (7). Former par. (7) redesignated (8).
Subsec. (e)(7)(A). Pub. L. 102–580, §107(b), added subpar. (A) and struck out former subpar. (A) which
read as follows: "Notwithstanding the provisions of subsection (a)(2) of this section, the costs of each project
carried out pursuant to paragraph (1)(A) of this subsection shall be allocated between the Secretary and the
appropriate non-Federal sponsor in accordance with the provisions of section 2283 of this title."
Subsec. (e)(8). Pub. L. 102–580, §107(a)(2), redesignated par. (7) as (8).
1990—Subsec. (e)(2). Pub. L. 101–640, §405(1), substituted "15" for "ten" in two places.
Subsec. (e)(3). Pub. L. 101–640, §405(2), substituted "13" for "eight".
Subsec. (e)(4). Pub. L. 101–640, §405(3), substituted "14" for "nine".
Subsec. (e)(5). Pub. L. 101–640, §405(4), substituted "12" for "seven".
Subsec. (f)(2)(A). Pub. L. 101–640, §405(5), substituted "15" for "ten".
EDITORIAL NOTES
REFERENCES IN TEXT
Act of June 29, 1879 (33 U.S.C. 641), referred to in text, probably means the act of June 28, 1879, ch. 43,
21 Stat. 37, which enacted sections 641 to 644, 646, and 647 of this title.
EDITORIAL NOTES
CODIFICATION
The last sentence of this section is from a provision accompanying an appropriation for the expenses of the
Commission in the Sundry Civil Appropriation Act for 1901, which originally read as follows: "So much of
the Act of March third, eighteen hundred and ninety-nine, as provides that the members of the California
Debris Commission shall receive only actual expenses in lieu of mileage while traveling on duty is hereby
repealed, and hereafter the officers of the commission shall receive the mileage allowed by law."
Act Mar. 3, 1899, ch. 424, §1, 30 Stat. 1109, mentioned in said provision, provided that the officers of the
Commission traveling on duty might be paid their actual traveling expenses, in lieu of mileage allowed by
law, and should thereafter receive no mileage.
§665. Survey for debris reservoirs; study of methods of mines and mining
It shall further examine, survey, and determine the utility and practicability, for the purposes
hereinafter indicated, of storage sites in the tributaries of said rivers and in the respective branches of
said tributaries, or in the plains, basins, sloughs, and tule and swamp lands adjacent to or along the
course of said rivers, for the storage of debris or water or as settling reservoirs, with the object of
using the same by either or all of these methods to aid in the improvement and protection of said
navigable rivers by preventing deposits therein of debris resulting from mining operations, natural
erosion, or other causes, or for affording relief thereto in flood time and providing sufficient water to
maintain scouring force therein in the summer season; and in connection therewith to investigate
such hydraulic and other mines as are or may have been worked by methods intended to restrain the
debris and material moved in operating such mines by impounding dams, settling reservoirs, or
otherwise, and in general to make such study of and researches in the hydraulic mining industry as
science, experience, and engineering skill may suggest as practicable and useful in devising a method
or methods whereby such mining may be carried on as aforesaid.
(Mar. 1, 1893, ch. 183, §5, 27 Stat. 507.)
EDITORIAL NOTES
REFERENCES IN TEXT
Herein, referred to in text, means act Mar. 1, 1893, which comprises this chapter.
EDITORIAL NOTES
AMENDMENTS
1907—Act Feb. 27, 1907, inserted "if any" after "restraining or impounding works" and inserted last two
provisos.
§674. Plans for and supervision of work required by order; permit to commence
mining
Such petitioner or petitioners must within a reasonable time present plans and specifications of all
works required to be built in pursuance of said order for examination, correction, and approval by
said commission; and thereupon work may immediately commence thereon under the supervision of
said commission or representative thereof attached thereto from said Corps of Engineers, who shall
inspect same from time to time. Upon completion thereof, if found in every respect to meet the
requirements of the said order and said approved plans and specifications, permission shall
thereupon be granted to the owner or owners of such mine or mines to commence mining operations,
subject to the conditions of said order and the provisions of this chapter.
(Mar. 1, 1893, ch. 183, §14, 27 Stat. 509.)
EDITORIAL NOTES
AMENDMENTS
1934—Act June 19, 1934, inserted "or in case of failure to pay the tax prescribed by section 683 of this title
within thirty days after same becomes due".
§681. Repealed. Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792
Section, act Mar. 1, 1893, ch. 183, §21, 27 Stat. 510; 1946 Reorg. Plan No. 3, §403, eff. July 16, 1946, 11
F.R. 7876, 60 Stat. 1100, authorized the commission to use any of the public lands, etc., of the United States,
and the withdrawal of lands, etc., required from sale or entry.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF REPEAL
Pub. L. 94–579, title VII, §704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the repeal is effective on and
after Oct. 21, 1976.
SAVINGS PROVISION
Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing
on Oct. 21, 1976, see section 701(a) of Pub. L. 94–579, set out as a note under section 1701 of Title 43, Public
Lands.
EDITORIAL NOTES
AMENDMENTS
1938—Act June 25, 1938, inserted provisions relating to storage for water and use of outlet facilities.
1934—Act June 19, 1934, substituted an annual tax for each cubic yard mined from the natural bank, based
on total capital cost divided by total capacity, for the 3 per centum gross proceeds tax, and required money
from debris fund to be expended in repayment of Government advances for construction and maintenance,
instead of authorizing the expenditure of such money in addition to appropriations for construction and
maintenance.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS PERTAINING TO AIR FORCE
For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not
previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the
Army and Department of the Army, see Secretary of Defense Transfer Order No. 40, July 22, 1949.
EDITORIAL NOTES
REFERENCES IN TEXT
Executive Document Numbered 267, referred to in text, contained a report of Lieut. Col. G. H. Mendell,
Corps of Engineers, U.S.A., dated Jan. 26, 1882, prepared pursuant to a provision in act June 14, 1880, ch.
211, 21 Stat. 196. Executive Document Numbered 98, also referred to in text, contained a report by a board of
engineers created by act Oct. 1, 1888, ch. 1057, 25 Stat. 498.
§687. Use of State dredge and appliances in river and harbor improvements
The Secretary of the Army is authorized to accept from the State of California the use of any
dredger, or appliances owned or controlled by said State, conformably to any offer thereof by the
said State; and the Secretary of the Army is authorized to use any such dredger or appliances in any
river or harbor improvement that may be prosecuted therein by the United States, either on the part
of the United States alone or conjointly with said State: Provided, That nothing shall be paid to the
State of California for the use of said dredger, and that nothing herein contained shall create any
liability against the United States.
(Mar. 3, 1899, ch. 425, §1, 30 Stat. 1148; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation
Act of 1899", and not as part of act Mar. 1, 1893, ch. 183, 27 Stat. 507, which comprises this chapter.
EXECUTIVE DOCUMENTS
FLOODPLAIN MANAGEMENT
For provisions relating to the reduction of the risk of flood loss, the minimization of the impact of floods on
human safety, health, and welfare, and the management of floodplains, see Ex. Ord. No. 11988, May 24,
1977, 42 F.R. 26951, set out as a note under section 4321 of Title 42, The Public Health and Welfare.
EXECUTIVE ORDER NO. 11296
Ex. Ord. No. 11296, Aug. 10, 1966, 31 F.R. 10663, as amended by Pub. L. 90–608, ch. IV, §402, Oct. 21,
1968, 82 Stat. 1194, which related to the evaluation of flood hazard in locating federally owned or financed
buildings, roads, and other facilities, and in disposing of federal lands and properties, was revoked by Ex. Ord.
No. 11988, May 24, 1977, 42 F.R. 26951, set out as a note under section 4321 of Title 42, The Public Health
and Welfare.
EDITORIAL NOTES
AMENDMENTS
1986—Pub. L. 99–662 inserted "and flood prevention improvements for protection from
groundwater-induced damages" after "drainage improvements".
EDITORIAL NOTES
AMENDMENTS
1954—Act Aug. 4, 1954, repealed provisions conferring authority on the Department of Agriculture under
the direction of the Secretary of Agriculture to make preliminary examinations and surveys and to prosecute
works of improvement for runoff and waterflow retardation and soil erosion prevention on the watersheds of
rivers and other waterways.
1941—Act Aug. 18, 1941, reenacted without change portion of section preceding semicolon.
1938—Act June 28, 1938, reenacted without change portion of section preceding semicolon.
EDITORIAL NOTES
AMENDMENTS
1950—Act May 17, 1950, substituted "$300,000" for "$100,000".
1944—Act Dec. 22, 1944, inserted provisions authorizing Secretary of Agriculture to undertake emergency
work and limiting amount of annual expenditures for such work.
EDITORIAL NOTES
REFERENCES IN TEXT
Act of June 22, 1936 (49 Stat. 1570), as amended and supplemented, referred to in text, is act June 22,
1936, ch. 688, 49 Stat. 1570, as amended, popularly known as the Flood Control Act of June 22, 1936, which
to the extent classified to the Code enacted sections 701a, 701b, 701c, 701d to 701f, and 701h of this title. For
complete classification of this Act to the Code, see Tables.
AMENDMENTS
1941—Act Aug. 18, 1941, changed the reference near the beginning of section and inserted sentence at end.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Functions of all officers, agencies and employees of Department of Agriculture transferred, with certain
exceptions, to Secretary of Agriculture by Reorg. Plan No. 2 of 1953, §1, eff. June 4, 1953, 18 F.R. 3219, 67
Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
For transfer of functions of Federal Power Commission, with certain reservations, to chairman of such
Commission, see Reorg. Plan No. 9 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out in
the Appendix to Title 5, Government Organization and Employees.
§701b–5. Omitted
EDITORIAL NOTES
CODIFICATION
Section, act Mar. 31, 1945, ch. 45, §1, 59 Stat. 41, relating to appropriations subject to priority restrictions,
was from the War Department Civil Appropriation Act, 1946, and was not repeated in subsequent
appropriation acts.
EDITORIAL NOTES
AMENDMENTS
1948—Act Jan. 19, 1948, inserted "or is hereafter" after "heretofore been" to make section applicable to
future preliminary surveys and examinations.
EDITORIAL NOTES
REFERENCES IN TEXT
The Flood Control Act approved June 22, 1936, as amended and supplemented, referred to in text, is act
June 22, 1936, ch. 688, 49 Stat. 1570, as amended, which to the extent classified to the Code enacted sections
701a, 701b, 701c, 701d to 701f, and 701h of this title. For complete classification of this Act to the Code, see
Tables.
AMENDMENTS
1994—Pub. L. 103–437 substituted "Committee on Public Works and Transportation of the House of
Representatives or the Committee on Environment and Public Works of the Senate" for "Committee on Public
Works of the House of Representatives or the Committee on Public Works of the Senate".
EDITORIAL NOTES
CODIFICATION
Section comprises last two paragraphs of section 202 of act Sept. 3, 1954. First paragraph of section 202 is
set out as a note under section 701–1 of this title.
PRIOR PROVISIONS
Provisions similar to those in this section were contained in the following prior acts:
May 17, 1950, ch. 188, title II, §202, 64 Stat. 170.
June 30, 1948, ch. 771, title II, §202, 62 Stat. 1175.
July 24, 1946, ch. 596, §2, 60 Stat. 641.
EDITORIAL NOTES
REFERENCES IN TEXT
Previous river and harbor and flood-control Acts, referred to in text, means those acts prior to the River and
Harbor Act of 1958 and the Flood Control Act of 1958, titles I and II of Pub. L. 85–500.
EDITORIAL NOTES
CODIFICATION
Section is also set out as section 575 of this title.
Section was formerly classified to sections 190a and 199 of Title 10 prior to the general revision and
enactment of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041, 70A Stat. 1.
§701b–10. Omitted
EDITORIAL NOTES
CODIFICATION
Section, act July 27, 1953, ch. 245, §101, 67 Stat. 199; Pub. L. 114–322, title I, §1160, Dec. 16, 2016, 130
Stat. 1667, related to a revolving fund for expenses of the Corps of Engineers.
Section is set out as section 576 of this title.
EDITORIAL NOTES
AMENDMENTS
2020—Subsec. (a). Pub. L. 116–260 substituted ", with a view toward formulating the most economically,
socially, and environmentally acceptable means of reducing or preventing flood damage, including—" and
pars. (1) to (5) for "including, but not limited to, floodproofing of structures; flood plain regulation;
acquisition of flood plain lands for recreational, fish and wildlife, and other public purposes; and relocation
with a view toward formulating the most economically, socially, and environmentally acceptable means of
reducing or preventing flood damages."
EDITORIAL NOTES
AMENDMENTS
2000—Subsec. (b). Pub. L. 106–541, §209(c), substituted "Floodplain" for "Flood plain" in heading and
"floodplain" for "flood plain" in first sentence.
Subsec. (c). Pub. L. 106–541, §209(a), in first sentence substituted "The" for "Within 6 months after
October 12, 1996, the", designated second sentence as par. (2), inserted heading, substituted "The guidelines
developed under paragraph (1) shall—" for "Such guidelines shall", designated remainder of sentence as
subpar. (A), inserted "to be undertaken by non-Federal interests to" after "policies", added subpar. (B), and
redesignated former par. (2) as (3).
1996—Pub. L. 104–303 substituted "Floodplain management requirements" for "Compliance with flood
plain management and insurance programs" in section catchline and amended text generally. Prior to
amendment, text read as follows: "Before construction of any project for local flood protection or any project
for hurricane or storm damage reduction, the non-Federal interests shall agree to participate in and comply
with applicable Federal flood plain management and flood insurance programs."
1988—Pub. L. 100–676 inserted "or any project for hurricane or storm damage reduction" after "local flood
protection".
1 So in original.
§701b–13. Repealed. Pub. L. 113–121, title I, §1014(c)(3), June 10, 2014, 128 Stat.
1222
Section, Pub. L. 104–303, title II, §211, Oct. 12, 1996, 110 Stat. 3681; Pub. L. 106–53, title II, §223, Aug.
17, 1999, 113 Stat. 296; Pub. L. 106–60, title VI, §606, Sept. 29, 1999, 113 Stat. 501; Pub. L. 110–114, title
V, §5157, Nov. 8, 2007, 121 Stat. 1257, related to construction of flood control projects by non-Federal
interests.
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 113–121, June 10, 2014, 128 Stat. 1193, known as the Water
Resources Reform and Development Act of 2014. For complete classification of this Act to the Code, see
Short Title note set out under section 2201 of this title and Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
Herein, referred to in text, means act June 22, 1936, ch. 688, 49 Stat. 1570, as amended, popularly known as
the Flood Control Act of June 22, 1936, which to the extent classified to the Code enacted sections 701a,
701b, 701c, 701d to 701f, and 701h of this title. For complete classification of this Act to the Code, see
Tables. Portions of section 5 of act June 22, 1936, enumerating certain dams to be constructed, were not
classified to the Code.
AMENDMENTS
1937—Act Aug. 28, 1937, added subsec. (d).
EDITORIAL NOTES
REFERENCES IN TEXT
Herein, referred to in text, means act June 28, 1938, ch. 795, 75 Stat. 1215, as amended, popularly known as
the Flood Control Act of June 28, 1938, which to the extent classified to the Code enacted sections 701b,
701b–1, 701b–2, 701c–1, 701f–1, 701i, 701j, 702a–1½, 702a–11, and 706 of this title. For complete
classification of this Act to the Code, see Tables.
Act of June 22, 1936, referred to in text, is act June 22, 1936, ch. 688, 49 Stat. 1570, as amended, popularly
known as the Flood Control Act of June 22, 1936, which to the extent classified to the Code enacted sections
701a, 701b, 701c, 701d to 701f, and 701h of this title. For complete classification of this Act to the Code, see
Tables.
CODIFICATION
Section comprises last paragraph of section 2 of act June 28, 1938. First paragraph of such section 2 is
referred to in an Application of Section note under section 701c of this title.
AMENDMENTS
1939—Act Aug. 11, 1939, inserted last proviso.
EDITORIAL NOTES
AMENDMENTS
1951—Act Oct. 31, 1951, struck out "558a and" in the reference to other sections.
EDITORIAL NOTES
REFERENCES IN TEXT
The Mineral Leasing Act for Acquired Lands, referred to in text, is act Aug. 7, 1947, ch. 513, 61 Stat. 913,
as amended, which is classified generally to chapter 7 (§351 et seq.) of Title 30, Mineral Lands and Mining.
For complete classification of this Act to the Code, see Short Title note set out under section 351 of Title 30
and Tables.
AMENDMENTS
1992—Pub. L. 102–486 inserted sentence at end defining term "money" for purposes of this section.
1954—Act Sept. 3, 1954, extended the 75 percent rental provision so as also to include moneys received
and deposited with respect to the leasing of lands acquired for navigation and allied purposes.
1953—Act June 16, 1953, inserted "or for defraying any of the expenses of county government in such
county or counties, including public obligations of levee and drainage districts for flood control and drainage
improvements" after "situated".
1946—Act July 24, 1946, increased the percentage return to the States from 25 percent to 75 percent.
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in text, is act June 22, 1936, ch. 688, 49 Stat. 1570, as amended, popularly known as
the Flood Control Act of June 22, 1936, which to the extent classified to the Code enacted sections 701a,
701b, 701c, 701d to 701f, and 701h of this title. For complete classification of this Act to the Code, see
Tables. Portions of section 5 and sections 6 and 7 of act June 22, 1936, enumerating certain projects and
operations with regard to flood control, were not classified to the Code.
§701e. Effect of act June 22, 1936, on provisions for Mississippi River and other
projects
Nothing in this Act shall be construed as repealing or amending any provision of sections 702a,
702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title. The authority
conferred by this Act and any funds appropriated pursuant thereto for expenditure are supplemental
to all other authority and appropriations relating to the departments or agencies concerned, and
nothing in this Act shall be construed to limit or retard any department or agency in carrying out
similar and related activities heretofore or hereafter authorized, or to limit the exercise of powers
conferred on any department or agency by other provisions of law is 1 carrying out similar and
related activities.
(June 22, 1936, ch. 688, §8, 49 Stat. 1596.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in text, is act June 22, 1936, ch. 688, 49 Stat. 1570, as amended, popularly known as
the Flood Control Act of June 22, 1936, which to the extent classified to the Code enacted sections 701a,
701b, 701c, 701d to 701f, and 701h of this title. For complete classification of this Act to the Code, see
Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
"Herein", and "this Act", referred to in text, means act June 22, 1936, ch. 688, 49 Stat. 1570, as amended,
popularly known as the Flood Control Act of June 22, 1936, which to the extent classified to the Code enacted
sections 701a, 701b, 701c, 701d to 701f, and 701h of this title. For complete classification of this Act to the
Code, see Tables. Portions of section 5 of act June 22, 1936, enumerating certain improvements with regard to
flood control, and sections 6 and 7 of that act, relating to examinations and surveys, were not classified to the
Code.
CODIFICATION
The first proviso, relating to a limitation upon the amount of expenditure during the fiscal year 1937, was
deleted as executed and obsolete. The second proviso, relating to payment from funds available to the Works
Progress Administration, was also omitted as executed and obsolete. The Works Progress Administration was
renamed the Work Projects Administration by Reorg. Plan No. 1 of 1939, §306, eff. July 1, 1939, 4 F.R. 2727,
53 Stat. 1423, set out in the Appendix to Title 5, Government Organization and Employees. Liquidation was
ordered by President's letter of December 4, 1942, and appropriations for it authorized by act July 12, 1943,
ch. 229, title I, 57 Stat. 540.
EDITORIAL NOTES
REFERENCES IN TEXT
"Herein" and "this Act", referred to in text, mean act June 28, 1938, ch. 795, 52 Stat. 1215, as amended,
popularly known as the Flood Control Act of June 28, 1938, which to the extent classified to the Code enacted
sections 701b, 701b–1, 701b–2, 701c–1, 701f–1, 701i, 701j, 702a–1½, 702a–11, and 706 of this title. For
complete classification of this Act to the Code, see Tables.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS, FEDERAL POWER COMMISSION
For transfer of functions of the Federal Power Commission, with certain reservations, to chairman of such
Commission, see Reorg. Plan No. 9 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out in
the Appendix to Title 5, Government Organization and Employees.
§701f–2. Funds for specific and authorized projects merged with and accounted
for under regular annual appropriation
Funds on and after May 17, 1950, appropriated for a specific and heretofore authorized project for
a river, harbor, or flood-control works shall be merged with and be accounted for under the regular
annual appropriation title applicable to such item.
(May 17, 1950, ch. 188, title II, §207, 64 Stat. 182.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 13 of the Flood Control Act of December 22, 1944, referred to in text, is section 13 of act Dec. 22,
1944, ch. 665, 58 Stat. 905, which was not classified to the Code. Such section 13 authorized the following
works of improvement for run-off and waterflow retardation, and soil erosion prevention: Los Angeles River
Basin; Santa Ynez River Watershed; Trinity River Basin (Texas); Little Tallahatchie River Watershed; Yazoo
River Watershed; Coosa River Watershed (above Rome, Georgia); Little Sioux River Watershed; Potomac
River Watershed; Buffalo Creek Watershed (New York); Colorado River Watershed (Texas), and Washita
River Watershed.
AMENDMENTS
1970—Pub. L. 91–566 empowered the Secretary, where the Army does have jurisdiction and responsibility,
to enter into agreements with the Army to carry out jointly the measures heretofore set out and in areas where
the Secretary is authorized to purchase land rights for structural measures, permitted the Secretary in lieu of
such acquisition, to reimburse local organizations for such proportionate share of the cost of land rights
furnished as the Secretary deems equitable in consideration of the national interest.
EDITORIAL NOTES
AMENDMENTS
1986—Pub. L. 99–662 substituted "$7,500,000" for "$5,000,000" and "$500,000" for "$250,000".
1974—Pub. L. 93–251 substituted "$5,000,000" for "$2,000,000" and "$250,000" for "$100,000".
1954—Act Sept. 3, 1954, substituted "$2,000,000" for "$1,000,000" and "$100,000" for "$50,000".
1946—Act July 24, 1946, substituted "$1,000,000" for "$500,000" and "$50,000" for "$25,000".
1941—Act Aug. 18, 1941, substituted "$500,000" for "$300,000".
1939—Act Aug. 11, 1939, authorized Secretary to allot instead of to approve amount for flood control and
limited amount allotted instead of expended for any single tributary.
EDITORIAL NOTES
CODIFICATION
When originally enacted, section 5 of act June 22, 1936, which consisted of a paragraph (including a
proviso) authorizing works of improvement followed by numerous headings and paragraphs describing those
authorized works, was not classified to the Code. Act July 19, 1937, amended section 5 of act June 22, 1936,
by inserting two additional provisos at the end of the first paragraph. The provisos inserted by the 1937 Act, as
amended, form the sole basis for the text appearing in this section, with minor editorial changes to the
introductory language of the provisos. Subsequent amendments to section 5 of act June 22, 1936, have
generally been directed to the text of section 5 as it has appeared in the Code and have not taken into account
the portion of that section that has never been set out. Those amendments have been executed as directed, to
reflect the probable intent of Congress, and amendment notes below reflect such execution without further
comment.
AMENDMENTS
2018—Pub. L. 115–270 inserted "Provided further, That the Secretary is authorized to receive and expend
funds from an owner of a non-Federal reservoir to formulate, review, or revise operational documents for any
non-Federal reservoir for which the Secretary is authorized to prescribe regulations for the use of storage
allocated for flood control or navigation pursuant to section 709 of this title:" after "authorized purposes of the
project:".
2014—Pub. L. 113–121, §1015(a)(4), substituted ": Provided further, That the term 'non-Federal interest'
has the meaning given that term in section 1962d–5b of title 42." for period at end.
Pub. L. 113–121, §1015(a)(3), substituted "Provided, That the Secretary is authorized to receive and expend
funds from a State or a political subdivision thereof, and other non-Federal interests or private entities, to
operate a hurricane barrier project to support recreational activities at or in the vicinity of the project, at no
cost to the Federal Government, if the Secretary determines that operation for such purpose is not inconsistent
with the operation and maintenance of the project for the authorized purposes of the project: Provided further,
That when" for "Provided, That when".
Pub. L. 113–121, §1015(a)(1), (2), inserted "and other non-Federal interests" after "States and political
subdivisions thereof" in two places and inserted ", including a project for navigation on the inland waterways,"
after "study or project".
2011—Pub. L. 112–74 substituted "water resources development study or project" for "flood control or
environmental restoration work" and inserted "for work, which includes planning and design," before "to be
expended" and ": Provided further, That the term 'States' means the several States, the District of Columbia,
the commonwealths, territories, and possessions of the United States, and Federally recognized Indian tribes"
before period at end.
1999—Pub. L. 106–53 inserted "or environmental restoration" after "flood control".
1937—Act July 19, 1937, inserted text of section.
EDITORIAL NOTES
AMENDMENTS
2018—Pub. L. 115–270 substituted "a federally authorized water resources development project," for "a
flood-control project duly adopted and authorized by law", "such project" for "such work", and "if
appropriations are provided by Congress for such purpose" for "from appropriations which may be provided
by Congress for flood-control work" and inserted at end "For purposes of this Act, the term 'State' means the
several States, the District of Columbia, the commonwealths, territories, and possessions of the United States,
and Indian tribes (as defined in section 5304(e) of title 25)."
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
Department of War designated Department of the Army and title of Secretary of War changed to Secretary
of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26,
1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10,
1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army
under administrative supervision of Secretary of the Army.
§701h–3. State contribution of funds for certain operation and maintenance costs
In carrying out eligible operations and maintenance activities within the Great Lakes Navigation
System pursuant to section 2238 of this title in a State that has implemented any additional State
limitation on the disposal of dredged material in the open waters of such State, the Secretary may,
pursuant to section 701h of this title, receive from such State, and expend, such funds as may be
contributed by the State to cover the additional costs for operations and maintenance activities for a
harbor or inland harbor within such State that result from such limitation.
(Pub. L. 116–260, div. AA, title I, §107, Dec. 27, 2020, 134 Stat. 2623.)
EDITORIAL NOTES
REFERENCES IN TEXT
Herein, referred to in text, means act June 28, 1938, ch. 795, 52 Stat. 1215, as amended, popularly known as
the Flood Control Act of June 28, 1938, which to the extent classified to the Code enacted sections 701b,
701b–1, 701b–2, 701c–1, 701f–1, 701i, 701j, 702a–1½, 702a–11, and 706 of this title. For complete
classification of this Act to the Code, see Tables.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
For transfer of functions of Federal Power Commission, with certain reservations, to chairman of such
Commission, see Reorg. Plan No. 9 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out in
the Appendix to Title 5, Government Organization and Employees.
EDITORIAL NOTES
CODIFICATION
Section is also set out as section 571 of this title.
§§701l, 701l–1. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 650, 656
Section 701l, act June 20, 1938, ch. 535, §5, 52 Stat. 805, related to employment of retired civil service
employees. See section 3323 of Title 5, Government Organization and Employees.
Section 701l–1, act May 17, 1950, ch. 188, title II, §214, 64 Stat. 184, provided that section 947 of former
Title 5, Executive Departments and Government Officers and Employees, should not be construed to prevent
employment of additional personnel.
(2) the non-Federal sponsor agrees to pay the difference between the cost of repair or restoration
to the original design level or original capacity and the cost of achieving the higher level of
protection or capacity sought by the non-Federal sponsor.
(e) Notice
The Secretary shall notify and consult with the non-Federal sponsor regarding the opportunity to
request implementation of nonstructural alternatives to the repair or restoration of a flood control
work under subsection (a).
(Aug. 18, 1941, ch. 377, §5, 55 Stat. 650; July 24, 1946, ch. 596, §12, 60 Stat. 652; July 26, 1947,
ch. 343, title II, §205(a), 61 Stat. 501; June 30, 1948, ch. 771, title II, §206, 62 Stat. 1182; May 17,
1950, ch. 188, title II, §210, 64 Stat. 183; June 28, 1955, ch. 194, 69 Stat. 186; Pub. L. 87–874, title
II, §206, Oct. 23, 1962, 76 Stat. 1194; Pub. L. 93–251, title I, §82, Mar. 7, 1974, 88 Stat. 34; Pub. L.
95–51, §2, June 20, 1977, 91 Stat. 233; Pub. L. 99–662, title IX, §917, Nov. 17, 1986, 100 Stat.
4192; Pub. L. 100–45, §9, May 27, 1987, 101 Stat. 323; Pub. L. 100–707, title I, §109(m), Nov. 23,
1988, 102 Stat. 4709; Pub. L. 101–640, title III, §302, Nov. 28, 1990, 104 Stat. 4633; Pub. L.
104–303, title II, §202(e), (f), Oct. 12, 1996, 110 Stat. 3675; Pub. L. 113–121, title III, §3029(a),
June 10, 2014, 128 Stat. 1305; Pub. L. 114–322, title I, §1176, Dec. 16, 2016, 130 Stat. 1673; Pub. L.
115–270, title I, §§1160, 1161(a), 1162, Oct. 23, 2018, 132 Stat. 3795, 3796; Pub. L. 116–260, div.
AA, title I, §120, Dec. 27, 2020, 134 Stat. 2633.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(1), is Pub. L. 93–288, May 22,
1974, 88 Stat. 143, as amended, known as the Robert T. Stafford Disaster Relief and Emergency Assistance
Act, which is classified principally to chapter 68 (§5121 et seq.) of Title 42, The Public Health and Welfare.
For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42
and Tables.
AMENDMENTS
2020—Subsec. (a)(2)(B)(i)(I). Pub. L. 116–260, §120(1)(A)(i), inserted ", or provide contributions equal
to," after "pay".
Subsec. (a)(2)(B)(ii). Pub. L. 116–260, §120(1)(A)(ii), in heading, inserted "and contributions" after "of
payments" and, in text, inserted "or contributions" after "Non-Federal payments" and after "non-Federal
payments".
Subsec. (a)(5). Pub. L. 116–260, §120(1)(B), added par. (5).
Subsec. (c). Pub. L. 116–260, §120(2)(A), substituted "Eligibility" for "Levee owners manual" in heading.
Subsec. (c)(1). Pub. L. 116–260, §120(2)(B), substituted "Levee owner's manual" for "In general" in
heading.
Subsec. (c)(2) to (4). Pub. L. 116–260, §120(2)(C), (D), added par. (2), redesignated former pars. (2) and
(3) as (3) and (4), respectively, and substituted "paragraph (1)" for "this subsection" in par. (3).
2018—Subsec. (a)(1). Pub. L. 115–270, §1160, in first sentence, substituted "strengthening, raising,
extending, realigning, or other modification thereof" for "strengthening, raising, extending, or other
modification thereof" and "structure or project damaged or destroyed by wind, wave, or water action of other
than an ordinary nature to either the pre-storm level or the design level of protection, whichever provides
greater protection, when, in the discretion of the Chief of Engineers," for "structure or project damaged or
destroyed by wind, wave, or water action of other than an ordinary nature to the design level of protection
when, in the discretion of the Chief of Engineers,".
Subsec. (a)(2). Pub. L. 115–270, §1161(a), added par. (2) and struck out former par. (2) which read as
follows: "In preparing a cost and benefit feasibility assessment for any emergency project described in
paragraph (1), the Chief of Engineers shall consider the benefits to be gained by such project for the protection
of—
"(A) residential establishments;
"(B) commercial establishments, including the protection of inventory; and
"(C) agricultural establishments, including the protection of crops."
Subsec. (a)(3), (4). Pub. L. 115–270, §1162, added par. (3) and redesignated former par. (3) as (4).
2016—Subsec. (a)(3). Pub. L. 114–322, §1176(1), added par. (3).
Subsecs. (d), (e). Pub. L. 114–322, §1176(2), added subsecs. (d) and (e).
2014—Subsec. (a)(1). Pub. L. 113–121 inserted "and subject to the condition that the Chief of Engineers
may include modifications to the structure or project" after "work for flood control" and substituted "structure
or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the design
level of protection when, in the discretion of the Chief of Engineers, such repair and restoration is warranted
for the adequate functioning of the structure or project for hurricane or shore protection, subject to the
condition that the Chief of Engineers may include modifications to the structure or project to address major
deficiencies or implement nonstructural alternatives to the repair or restoration of the structure if requested by
the non-Federal sponsor" for "structure damaged or destroyed by wind, wave, or water action of other than an
ordinary nature when in the discretion of the Chief of Engineers such repair and restoration is warranted for
the adequate functioning of the structure for hurricane or shore protection".
1996—Subsec. (a)(1). Pub. L. 104–303, §202(e), in first sentence, inserted ", or in implementation of
nonstructural alternatives to the repair or restoration of such flood control work if requested by the
non-Federal sponsor".
Subsec. (c). Pub. L. 104–303, §202(f), added subsec. (c).
1990—Subsec. (a)(1). Pub. L. 101–640 substituted "preparation for emergency response to any natural
disaster" for "flood emergency preparation" and inserted provision permitting the emergency fund to be used
for emergency dredging for restoration of authorized depths for Federal navigable channels and waterways
made necessary by flood, drought, earthquake, or other natural disasters.
1988—Subsec. (a)(1). Pub. L. 100–707 substituted "and Emergency Assistance Act" for "Act of 1974".
1987—Subsec. (a). Pub. L. 100–45 designated existing provisions as par. (1) and added par. (2).
1986—Subsec. (a). Pub. L. 99–662 inserted provision relating to authority of the Chief of Engineers, when
the Governor of an affected State requests a determination that an emergency or major disaster exists, to
perform on public and private lands and waters, for a period of ten days following the Governor's request, any
emergency work made necessary by such emergency or disaster which is essential for the preservation of life
and property, and substituted "clean water" for "clean drinking water" and "contaminated water" for
"contaminated drinking water".
1977—Pub. L. 95–51 designated existing provisions as subsec. (a) and added subsec. (b).
1974—Pub. L. 93–251 struck out limitation of emergency fund to $15,000,000, provided for emergency
supplies of clean drinking water to localities confronted with source of contaminated drinking water, and
substituted in proviso "of sums to such emergency fund" for "of said sum".
1962—Pub. L. 87–874 authorized expenditures from the emergency fund for the protection of federally
authorized hurricane or shore protection being threatened when such is warranted to protect against imminent
and substantial loss to life and property, and for the repair and restoration of any such federally authorized
hurricane or shore protective structure damaged or destroyed by wind or water action of an extraordinary
nature when such is warranted for the adequate functioning of the structure for hurricane or shore protection.
1955—Act June 28, 1955, authorized expenditure for flood emergency preparation and eliminated the
requirement of maintenance of flood control works threatened by flood.
1950—Act May 17, 1950, expanded scope of work considered under emergency repairs to flood-control
structures, and substituted "$15,000,000" for "$2,000,000".
1948—Act June 30, 1948, inserted provisions relating to the strengthening, extending, or modification of
flood-control works.
1946—Act July 24, 1946, substituted "$2,000,000" for "$1,000,000".
EXECUTIVE DOCUMENTS
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48,
Territories and Insular Possessions.
EDITORIAL NOTES
REFERENCES IN TEXT
The date of enactment of this subdivision, referred to in text, is the date of enactment of subdiv. 1 of div. B
of Pub. L. 115–123, which was approved Feb. 9, 2018.
(ii) the Federal share of the cost of the construction does not exceed $17,500,000.
(B) Specific authorization
If the Federal share of the cost of a project described in paragraph (1) exceeds $17,500,000,
the Secretary shall submit the project recommendation to Congress for authorization prior to
construction, and shall include the project recommendation in the next annual report submitted
under section 2282d of this title.
(C) Financing
(i) Contributions
If, based on a study carried out pursuant to paragraph (1), the Secretary determines that a
project described in paragraph (1) will not produce benefits greater than cost, the Secretary
shall allow the affected community to pay, or provide contributions equal to, an amount
sufficient to make the remaining costs of design and construction of the project equal to the
estimated value of the benefits of the project.
(ii) Effect on non-Federal share
Amounts provided by an affected community under clause (i) shall be in addition to any
payments or contributions the affected community is required to provide toward the
remaining costs of design and construction of the project under section 2213 of this title.
(4) Ability to pay
(A) In general
Any cost-sharing agreement for a project entered into pursuant to this section shall be subject
to the ability of the affected community to pay.
(B) Determination
The ability of any affected community to pay shall be determined by the Secretary in
accordance with procedures established by the Secretary.
(C) Effect of reduction
Any reduction in the non-Federal share of the cost of a project described in paragraph (1) as a
result of a determination under this paragraph shall not be included in the Federal share for
purposes of subparagraphs (A) and (B) of paragraph (3).
(Pub. L. 116–260, div. AA, title I, §119, Dec. 27, 2020, 134 Stat. 2632.)
§701o. Omitted
EDITORIAL NOTES
CODIFICATION
Section, act June 30, 1948, ch. 771, title II, §202, 62 Stat. 1175, related to conditions precedent on
unauthorized projects and modifications. Similar provisions were contained in act July 24, 1946, ch. 596, §2,
60 Stat. 641. See section 701b–8 of this title.
EDITORIAL NOTES
AMENDMENTS
2018—Pub. L. 115–270 substituted "$25,000,000" for "$20,000,000" and inserted ", and if such amount is
not sufficient to cover the costs included in the Federal cost share for a project, as determined by the
Secretary, the non-Federal interest shall be responsible for any such costs that exceed such amount" before
period at end.
2014—Pub. L. 113–121 substituted "$20,000,000" for "$15,000,000" and "$5,000,000" for "$1,500,000".
2007—Pub. L. 110–114 substituted "$1,500,000" for "$1,000,000".
1996—Pub. L. 104–303 substituted "$15,000,000" for "$12,500,000" and "$1,000,000" for "$500,000".
1986—Pub. L. 99–662 substituted "$12,500,000" for "$10,000,000" and "$500,000" for "$250,000".
1974—Pub. L. 93–251 substituted "$10,000,000" for "$1,000,000", "$250,000" for "$50,000", and
"construction, repair, restoration, and modification of emergency streambank and shoreline protection works
to prevent flood damages to highways, bridge approaches, and public works, churches, hospitals, schools, and
other nonprofit public services," for "construction of emergency bank-protection works to prevent flood
damages to highways, bridge approaches, and public works,".
EDITORIAL NOTES
AMENDMENTS
1974—Subsec. (c). Pub. L. 93–251 lower cased "agency" in two places, and substituted "to the design
standards which the State or owning political division would use in constructing a new road under similar
conditions of geography and under similar traffic loads (present and projected)." for "to design standards
comparable to those of the State, or, where applicable State standards do not exist, those of the owning
political division in which the road is located, for roads of the same classification as the road being replaced.
The traffic existing at the time of the taking shall be used in the determination of the classification."
1962—Subsec. (a). Pub. L. 87–874 added subsec. (a). Former subsec. (a) redesignated (b).
Subsec. (b). Pub. L. 87–874 redesignated former subsec. (a) as (b), and among other changes, inserted
"irrigation," before "or multiple-purpose project" and substituted references to head of the Agency concerned,
for references to Chief of Engineers. Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 87–874 redesignated former subsec. (b) as (c), substituted construction authority to
head of the agency concerned for authority to Chief of Engineers, provided that where State standards do not
exist, those of the owning political division in which the road is located shall be used, that where a State or
political subdivision requests a substitute road to be constructed to a higher standard than provided in this
subsection, and pays the additional costs, the Agency head is authorized to so construct the road, and that the
Federal costs under this subsection shall be part of the nonreimbursable costs.
§701s. Small flood control projects; appropriations; amount limitation for single
locality; conditions
The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter
made for flood control, not to exceed $68,750,000 for any one fiscal year, for the implementation of
small structural and nonstructural projects, and projects that use natural features or nature-based
features (as those terms are defined in section 2289a(a) of this title), for flood control and related
purposes not specifically authorized by Congress, which come within the provisions of section 701a
of this title, when in the opinion of the Chief of Engineers such work is advisable. The amount
allotted for a project shall be sufficient to complete Federal participation in the project. Not more
than $10,000,000 shall be allotted under this section for a project at any single locality. The
provisions of local cooperation specified in section 701c of this title shall apply. The work shall be
complete in itself and not commit the United States to any additional improvement to insure its
successful operation, except as may result from the normal procedure applying to projects authorized
after submission of preliminary examination and survey reports.
(June 30, 1948, ch. 771, title II, §205, 62 Stat. 1182; May 17, 1950, ch. 188, title II, §212, 64 Stat.
183; July 11, 1956, ch. 558, 70 Stat. 522; Pub. L. 87–874, title II, §205, Oct. 23, 1962, 76 Stat. 1194;
Pub. L. 93–251, title I, §61, Mar. 7, 1974, 88 Stat. 29; Pub. L. 94–587, §133(b), Oct. 22, 1976, 90
Stat. 2928; Pub. L. 97–140, §2(a), Dec. 29, 1981, 95 Stat. 1717; Pub. L. 99–662, title IX, §915(a),
Nov. 17, 1986, 100 Stat. 4191; Pub. L. 106–53, title II, §201, Aug. 17, 1999, 113 Stat. 285; Pub. L.
106–541, title II, §218, Dec. 11, 2000, 114 Stat. 2596; Pub. L. 110–114, title II, §2021, Nov. 8, 2007,
121 Stat. 1078; Pub. L. 113–121, title I, §1030(e), June 10, 2014, 128 Stat. 1232; Pub. L. 115–270,
title I, §1157(e), Oct. 23, 2018, 132 Stat. 3794; Pub. L. 116–260, div. AA, title I, §114, Dec. 27,
2020, 134 Stat. 2627.)
EDITORIAL NOTES
AMENDMENTS
2020—Pub. L. 116–260 inserted ", and projects that use natural features or nature-based features (as those
terms are defined in section 2289a(a) of this title)," after "nonstructural projects".
2018—Pub. L. 115–270 substituted "$68,750,000" for "$55,000,000" in first sentence.
2014—Pub. L. 113–121 substituted "$10,000,000" for "$7,000,000" in third sentence.
2007—Pub. L. 110–114 substituted "$55,000,000" for "$50,000,000" in first sentence.
2000—Pub. L. 106–541 substituted "$50,000,000" for "$40,000,000" in first sentence.
1999—Pub. L. 106–53, in first sentence, substituted "implementation of small structural and nonstructural
projects" for "construction of small projects" and, in third sentence, substituted "$7,000,000" for
"$5,000,000".
1986—Pub. L. 99–662 substituted "$40,000,000" for "$30,000,000" and "$5,000,000" for "$4,000,000".
1981—Pub. L. 97–140 substituted "Not more than $4,000,000 shall be allotted under this section for a
project at any single locality" for "Not more than $2,000,000 shall be allotted under this section for a project
in any single locality, except that not more than $3,000,000 shall be allotted under this section for a project at
a single locality if such project protects an area which has been declared to be a major disaster area pursuant to
the Disaster Relief Act of 1966 or the Disaster Relief Act of 1970 in the five-year period immediately
preceding the date the Chief of Engineers deems such work advisable".
1976—Pub. L. 94–587 increased limitation on allotment for a project at a single locality from $1,000,000 to
$2,000,000 and for such a project protecting a major disaster area from $2,000,000 to $3,000,000.
1974—Pub. L. 93–251, in revising provisions, increased fiscal year allotment to $30,000,000 from
$25,000,000 and required allotment of $2,000,000 for a project at a single locality if such locality protects an
area declared to be a major-disaster area pursuant to Disaster Relief Act of 1966 or Disaster Relief Act of
1970 in five-year period immediately preceding the date the Chief of Engineers deems such work advisable.
1962—Pub. L. 87–874 substituted "$25,000,000" for "$10,000,000", "projects for flood control and related
purposes" for "flood control projects", and provisions limiting the allotment for a single project to $1,000,000
and providing that such allotment shall be sufficient to complete Federal participation, for provisions limiting
the allotment for any single project to $400,000 from the appropriations for any fiscal year.
1956—Act July 11, 1956, substituted "$10,000,000" for "$3,000,000", struck out "and not within areas
intended to be protected by projects so authorized" before "which come within the provisions of section 701a
of this title", and substituted "$400,000" for "$150,000".
1950—Act May 17, 1950, substituted "$3,000,000" for "$2,000,000" and "$150,000" for "$100,000".
EDITORIAL NOTES
AMENDMENTS
1996—Pub. L. 104–303 substituted "outside the United States" for "outside the continental limits of the
United States" and struck out before period at end ": And provided further, That not more than $25,000 shall
be allotted during any one fiscal year for this purpose".
EDITORIAL NOTES
CODIFICATION
Last clause of first paragraph was originally limited to appropriations made for a period of six years
beginning July 1, 1924.
The portion of the first paragraph providing "and a sum not to exceed $10,000,000 annually is hereby
authorized to be appropriated for that purpose, for a period of six years beginning July 1, 1924" together with
the fourth paragraph, relating to expenditures for improvements between Head of Passes and Rock Island,
were from act Mar. 4, 1923, which superseded provisions on the same subjects contained in act Mar. 1, 1917,
from which the rest of the section was derived, and were omitted as executed.
Sections 2 and 3 of act Mar. 1, 1917, are classified to sections 703 and 701, respectively, of this title, and
section 4 of act Mar. 1, 1917, amended section 643 of this title.
EDITORIAL NOTES
REFERENCES IN TEXT
Herein, referred to in text, means act May 15, 1928, ch. 569, 45 Stat. 534, as amended, which enacted
sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title. For
complete classification of this Act to the Code, see Tables.
EDITORIAL NOTES
PRIOR PROVISIONS
A prior section 702a–1½, act June 28, 1938, ch. 795, §4, 52 Stat. 1220, which related to further
modification of 1927 project, was transferred to section 702a–1a of this title.
A prior section 702a–1¾, act Aug. 18, 1941, ch. 377, §3, 55 Stat. 642, which related to further
modificiation and adoption of Lower Mississippi River flood control project, was transferred to section
702a–1b of this title.
EDITORIAL NOTES
CODIFICATION
Section was formerly classified to section 702a–1½ of this title.
EDITORIAL NOTES
CODIFICATION
Section was formerly classified to section 702a–1¾ of this title.
EDITORIAL NOTES
REFERENCES IN TEXT
Herein, referred to in text, means act June 15, 1936, ch. 548, 49 Stat. 1508, as amended, which enacted
sections 642a, 702a–1, 702a–2 to 702a–12, 702g–1, 702j–1, 702j–2, 702k–1, and 702k–2 of this title. For
complete classification of this Act to the Code, see Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
Herein, referred to in text, means act June 15, 1936, ch. 548, 49 Stat. 1508, as amended, which enacted
sections 642a, 702a–1, 702a–2 to 702a–12, 702g–1, 702j–1, 702j–2, 702k–1, and 702k–2 of this title. For
complete classification of this Act to the Code, see Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
Herein, referred to in text, means act June 15, 1936, ch. 548, 49 Stat. 1508, as amended, which enacted
sections 642a, 702a–1, 702–2 to 702a–12, 702g–1, 702j–1, 702j–2, 702k–1, and 702k–2 of this title. For
complete classification of this Act to the Code, see Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
Herein, referred to in text, means act June 15, 1936, ch. 548, 49 Stat. 1508, as amended, which enacted
sections 642a, 702a–1, 702a–2 to 702a–12, 702g–1, 702j–1, 702j–2, 702k–1, and 702k–2 of this title. For
complete classification of this Act to the Code, see Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
Herein, referred to in subsecs. (c) and (g), and this Act, referred to in subsec. (g), probably mean act June
15, 1936, ch. 548, 49 Stat. 1508, as amended, which enacted sections 642a, 702a–1, 702a–2 to 702a–12,
702g–1, 702j–1, 702j–2, 702k–1, and 702k–2 of this title. For complete classification of this Act to the Code,
see Tables.
AMENDMENTS
2007—Subsec. (a). Pub. L. 110–114, in last sentence, inserted "; except that the Ouachita River Levees,
Louisiana, authorized by section 702a of this title, shall remain as a component of the Mississippi River and
Tributaries Project and afforded operation and maintenance responsibilities as provided under section 702c of
this title" before period at end.
1950—Subsec. (c). Act May 17, 1950, substituted "$29,000,000" for "$14,000,000".
EDITORIAL NOTES
REFERENCES IN TEXT
Herein, referred to in text, means act May 15, 1928, ch. 569, 45 Stat. 534, as amended, which enacted
sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title. For
complete classification of this Act to the Code, see Tables.
EDITORIAL NOTES
AMENDMENTS
1945—Act Nov. 30, 1945, substituted second sentence of second par. for a sentence which read "In all such
proceedings the court, for the purpose of ascertaining the value of the property and assessing the
compensation to be paid, shall appoint three commissioners, whose award, when confirmed by the court, shall
be final."
EXECUTIVE DOCUMENTS
CHANGE OF NAME
Coast and Geodetic Survey consolidated with National Weather Bureau in 1965 to form Environmental
Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat.
1318. Environmental Science Services Administration abolished in 1970, and its personnel, property, records,
etc., transferred to National Oceanic and Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct.
3, 1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate Administrator of National Oceanic and
Atmospheric Administration, 35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated National
Ocean Survey. See notes set out under section 311 of Title 15, Commerce and Trade.
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and agencies of Department of the Interior, with
certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization
and Employees. The Geological Survey, referred to in text, is an agency of Department of the Interior.
EDITORIAL NOTES
AMENDMENTS
1930—Act June 19, 1930, inserted provisos.
EDITORIAL NOTES
REFERENCES IN TEXT
Herein, referred to in text, means act May 15, 1928, ch. 569, 45 Stat. 534, which enacted sections 702a,
702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title. For complete
classification of this Act to the Code, see Tables. The "project herein authorized" was specifically authorized
by section 702a of this title.
CODIFICATION
Provisions of the second paragraph, as amended by Pub. L. 106–53, that read: "The salary of the president
of the Mississippi River Commission shall hereafter be $10,000 per annum, and the salary of the other
members of the commission shall hereafter be $21,500 per annum." were omitted as obsolete and superseded
by the Classification Act of 1949, 63 Stat. 954, 972. The Classification Act of 1949 was repealed by Pub. L.
89–554, Sept. 6, 1966, §8(a), 80 Stat. 632, and reenacted as chapter 51 and subchapter III of chapter 53 of
Title 5, Government Organization and Employees. Section 5102 of Title 5 contains the applicability
provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to
determine the applicability to specific positions and employees.
AMENDMENTS
1999—Pub. L. 106–53 amended provisions which were omitted from the second paragraph by substituting
"$21,500" for "$7,500". See Codification note above.
EDITORIAL NOTES
CODIFICATION
Section has been transferred to section 642a of this title.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and agencies of Department of Agriculture, with
certain exceptions, to Secretary of Agriculture, with power to delegate, see Reorg. Plan No. 2 of 1953, §1, eff.
June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and
Employees.
§702j–1. Saint Francis and Yazoo Rivers; lands and easements; alteration of
highways; cooperation of States
(1) Neither of the projects for the flood control of the Saint Francis River or the Yazoo River,
authorized by sections 642a, 702a–1, 702a–2 to 702a–12, 702g–1, 702j–1, 702j–2, 702k–1, and
702k–2 of this title, shall be undertaken until the States, or other qualified agencies, shall have
furnished satisfactory assurances that they will undertake, without cost to the United States, all
alterations of highways made necessary because of the construction of the authorized reservoirs, and
meet all damages because of such highway alterations, and have agreed also to furnish without cost
to the United States all lands and easements necessary to the construction of levees and drainage
ditches constructed under this project: Provided, That the reservoirs for control of headwater flow of
the Yazoo River system may be located by the Chief of Engineers, in his discretion: And provided
further, That the Chief of Engineers may, in his discretion, substitute levees, floodways, or auxiliary
channels, or any or all of them, for any or all of the seven detention reservoirs recommended in his
report of February 12, 1935, for the control of floods of the Yazoo River: And provided further, That
the Chief of Engineers, with the approval of the Secretary of the Army, may modify the project for
the flood control of the Saint Francis River as recommended in said report, to include therein the
construction of a detention reservoir for the reduction of floods, and the acquisition at the cost of the
United States of all lands and flowage necessary to the construction of said reservoir except flowage
of highways: Provided further, That the estimated cost to the United States of the project is not
increased by reason of such detention reservoir.
(2) The Chief of Engineers may, in his discretion, modify the project for the control of floods on
the Yazoo River, as authorized by paragraph (1) of this section, to substitute therefor a combined
reservoir floodway and levee plan: Provided, That the total cost thereof does not exceed the present
authorization as estimated in House Committee on Flood Control Document Numbered 1,
Seventy-fourth Congress, first session: Provided further, That the modified project shall be subject to
the following conditions of local cooperation:
No work shall be undertaken until the States or other qualified agencies have furnished
satisfactory assurances that they will—
(a) undertake, without cost to the United States, all alterations of highways made necessary
because of the construction of reservoirs and meet all damages because of such highway alterations;
and
(b) furnish, without cost to the United States, all lands and easements necessary to the construction
of levees and drainage ditches.
(June 15, 1936, ch. 548, §4, 49 Stat. 1509; Aug. 28, 1937, ch. 877, §6, 50 Stat. 880; July 26, 1947,
ch. 343, title II, §205(a), 61 Stat. 501.)
EDITORIAL NOTES
CODIFICATION
Par. (1) is comprised of act June 15, 1936, and par. (2) is from act Aug. 28, 1937.
§702k–2. Separability
If any provision of sections 642a, 702a–1, 702a–2 to 702a–12, 702g–1, 702j–1, 702j–2, and
702k–1 of this title, or the application thereof, to any person or circumstances, is held invalid, the
remainder of the said sections, and the application of such provisions to other persons or
circumstances, shall not be affected thereby.
(June 15, 1936, ch. 548, §14, 49 Stat. 1513.)
EDITORIAL NOTES
CODIFICATION
In text, "section 6306(a)" substituted for "section 3741 of the Revised Statutes being section 22 of title 41 of
the United States Code" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act
enacted Title 41, Public Contracts.
EDITORIAL NOTES
REFERENCES IN TEXT
The act of May 15, 1928, referred to in subsec. (c), is act May 15, 1928, ch. 569, 45 Stat. 534, which
enacted sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title.
For complete classification of this Act to the Code, see Tables.
EDITORIAL NOTES
AMENDMENTS
1954—Act Sept. 3, 1954, struck out $375,000 limitation on transfers to Weather Bureau for providing basic
hydrologic and climatic information; inserted references to "rivers and harbors, and related purposes" after
"flood control," in two places; and substituted "network of recording and nonrecording precipitation stations,
known as the Hydroclimatic Network" for "current information service on precipitation, flood forecasts, and
flood warnings".
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Weather Bureau of Department of Commerce consolidated with Coast and Geodetic Survey to form a new
agency in Department of Commerce to be known as Environmental Science Services Administration and
office of Chief of Weather Bureau abolished by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819,
79 Stat. 1318, set out in the Appendix to Title 5, Government Organization and Employees. All functions of
Bureau and Chief of Bureau transferred to Secretary of Commerce by Reorg. Plan. Subsequently,
Environmental Science Services Administration abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, which created National Oceanic and
Atmospheric Administration in Department of Commerce. By Department Organization Order 25–5A,
republished 39 F.R. 27486, Secretary of Commerce delegated to NOAA his functions relating to Weather
Bureau. By order of Acting Associate Administrator of NOAA, organization name of Weather Bureau
changed to National Weather Service. For further details, see Codification note set out under section 311 of
Title 15, Commerce and Trade.
EDITORIAL NOTES
AMENDMENTS
1974—Pub. L. 93–447 substituted "Sumner Dam and Lake Sumner" for "Alamogordo Dam and Reservoir"
wherever appearing.
§708. Sale of surplus waters for domestic and industrial uses; disposition of
moneys
The Secretary of the Army is authorized to make contracts with States, municipalities, private
concerns, or individuals, at such prices and on such terms as he may deem reasonable, for domestic
and industrial uses for surplus water that may be available at any reservoir under the control of the
Department of the Army: Provided, That no contracts for such water shall adversely affect then
existing lawful uses of such water. All moneys received from such contracts shall be deposited in the
Treasury of the United States as miscellaneous receipts.
(Dec. 22, 1944, ch. 665, §6, 58 Stat. 890; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501; May
23, 1952, ch. 328, §1(a), 66 Stat. 93.)
EDITORIAL NOTES
AMENDMENTS
1952—Act May 23, 1952, revived and reenacted section.
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME
Department of War designated Department of the Army and title of Secretary of War changed to Secretary
of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26,
1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10,
1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army
under administrative supervision of Secretary of the Army.
REPEALS
Act May 23, 1952, §1(b), repealed paragraph (59) of section 1 of act Oct. 31, 1951, ch. 654, 65 Stat. 703,
which had previously repealed this section.
SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT
Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section
1303 of Title 43, Public Lands.
CONVERSION OF SURPLUS WATER AGREEMENTS
Pub. L. 114–322, title I, §1174, Dec. 16, 2016, 130 Stat. 1673, provided that: "For the purposes of section 6
of the Act of December 22, 1944 (58 Stat. 890, chapter 665; 33 U.S.C. 708), in any case in which a water
supply agreement with a duration of 30 years or longer was predicated on water that was surplus to a purpose
and provided for the complete payment of the actual investment costs of storage to be used, and that purpose
is no longer authorized as of the date of enactment of this section [Dec. 16, 2016], the Secretary [of the Army]
shall provide to the non-Federal entity an opportunity to convert the agreement to a permanent storage
agreement in accordance with section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b), with the same
payment terms incorporated in the agreement."
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
For transfer of certain personal property and functions relating thereto, insofar as they pertain to Air Force,
from Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the
Air Force, see Secretary of Defense Transfer Order No. 39, eff. May 18, 1949, and 40 [App. B (98)], July 22,
1949.
EDITORIAL NOTES
AMENDMENTS
2020—Subsec. (a). Pub. L. 116–260 inserted ", to avoid repetitive flooding impacts, to anticipate, prepare,
and adapt to changing climatic conditions and extreme weather events, and to withstand, respond to, and
recover rapidly from disruption due to the flood hazards" after "in planning to ameliorate the flood hazard".
2014—Subsec. (d). Pub. L. 113–121 substituted "$50,000,000" for "$15,000,000".
1999—Subsec. (b). Pub. L. 106–53, §216, added subsec. (b). Former subsec. (b) redesignated (c).
Pub. L. 106–53, §202, inserted before period at end of third sentence ", but the Secretary of the Army may
accept funds voluntarily contributed by such entities for the purpose of expanding the scope of the services
requested by the entities".
Subsecs. (c), (d). Pub. L. 106–53, §216(1), redesignated subsecs. (b) and (c) as (c) and (d), respectively.
1990—Pub. L. 101–640 added subsec. (b) and redesignated former subsec. (b) as (c).
1974—Subsec. (b). Pub. L. 93–251 substituted "$15,000,000" for "$11,000,000".
1970—Subsec. (b). Pub. L. 91–611 substituted "$11,000,000" for "$7,000,000".
1966—Subsec. (a). Pub. L. 89–789, in amending subsec. (a) generally, substituted "political subdivisions
thereof" for "municipalities" and "advice" for "engineering advice", inserted provision "to assure that Federal
departments and agencies may take proper cognizance of flood hazards", provided for guidance of Federal and
non-Federal interests and agencies and advice to other Federal agencies, and for surveys and guides upon
request of a State or political subdivision in lieu of surveys and studies for specific localities upon request of a
State or responsible local governmental agency.
Subsec. (b). Pub. L. 89–789 substituted "expend not to exceed $7,000,000 per fiscal year for the
compilation and dissemination of information under this section" for "allot, from any appropriations hereafter
made for flood control, sums not to exceed $2,500,000 in any one fiscal year for the compilation and
dissemination of such information".
1965—Subsec. (b). Pub. L. 89–298 substituted "$2,500,000" for "$1,000,000".
CHAPTER 16—LIGHTHOUSES
Sec.
711 to 734. Omitted, Repealed, or Transferred.
735. Marking pierheads in certain lakes.
736 to 748. Repealed or Omitted.
748a. Transportation expenses for school children.
749 to 763a–1. Repealed or Omitted.
763a–2. Application to persons of Coast Guard.
763b to 764. Repealed or Omitted.
765. Retirement for disability.
766. Restoration to active duty after retirement for disability.
767 to 774. Repealed or Transferred.
775. Payments nonassignable and exempt from process.
776. Transferred.
EDITORIAL NOTES
CODIFICATION
Sections related to the establishment of the Bureau of Lighthouses in the Department of Commerce. The
Bureau of Lighthouses and its functions were transferred to and consolidated with the Coast Guard in the
Department of the Treasury to be administered as a part thereof by Reorg. Plan No. II of 1939, §2(a), eff. July
1, 1939, 4 F.R. 2731, 53 Stat. 1432, set out in the Appendix to Title 5, Government Organization and
Employees. Further provision to perfect the consolidation of the Lighthouse Service with the Coast Guard by
authorizing the commissioning, appointment, and enlistment in the Coast Guard, of certain officers and
employees of the Lighthouse Service, was made by act Aug. 5, 1939, ch. 477, 53 Stat. 1216.
Section 711, acts June 17, 1910, ch. 301, §4, 36 Stat. 537; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736; June 5,
1920, ch. 264, §2, 41 Stat. 1059; July 3, 1930, ch. 850, 46 Stat. 1003; Aug. 16, 1937, ch. 665, §4, 50 Stat. 667,
related to establishment of Bureau of Lighthouses, personnel, salaries, and annual reports.
Act June 5, 1920, ch. 264, §2, 41 Stat. 1059, formerly classified to section 711 of this title, was repealed by
Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 644.
Section 712, acts July 27, 1912, ch. 255, §2, 37 Stat. 239; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736,
authorized designation of acting commissioner.
Section 713, acts June 17, 1910, ch. 301, §10, 36 Stat. 538; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, related
to regulations for Lighthouse Service.
Section 714, acts June 17, 1910, ch. 301, §6, 36 Stat. 538; acts Mar. 4, 1913, ch. 141, §1, 37 Stat. 736,
transferred duties of Lighthouse Board to Commissioner of Lighthouses.
Section 715, act June 17, 1910, ch. 301, §5, 36 Stat. 537, related to transfer of employees.
§719. Omitted
EDITORIAL NOTES
CODIFICATION
Section, R.S. §4679, provided that no additional salary should be allowed to any civil, military, or naval
officer on account of his being employed in the Light-House Board, or being in any manner attached to the
light-house service. The functions of the Light-House Board and all employees of or in the Light-House Board
or the Light-House Establishment, except army and navy officers, were transferred to the Bureau of
Lighthouses by act June 17, 1910, ch. 301, §§5, 6, 36 Stat. 537. The Bureau of Lighthouses was transferred to
and consolidated in the Coast Guard by Reorg. Plan No. II of 1939, §2(a), eff. July 1, 1939, 4 F.R. 2731, 53
Stat. 1432, set out in the Appendix to Title 5, Government Organization and Employees. Act Aug. 5, 1939, ch.
477, 53 Stat. 1216, provided for the commissioning or enlistment in the Coast Guard of former employees of
the Bureau of Lighthouses.
§§720, 720a. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561
Section 720, acts June 17, 1910, ch. 301, §7, 36 Stat. 538; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, related to
general control by Commandant of Coast Guard. See section 541 of Title 14, Coast Guard.
Section 720a, act Aug. 16, 1937, ch. 665, §3, 50 Stat. 667, related to establishment and maintenance of aids
to navigation in certain waters. See section 541 of Title 14, Coast Guard.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF REPEAL
Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act
Aug. 4, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.
§721. Omitted
EDITORIAL NOTES
CODIFICATION
Section, acts June 17, 1910, ch. 301, §4, 36 Stat. 537; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736; Aug. 16,
1937, ch. 665, §4, 50 Stat. 667, gave Commissioner the power to settle damage claims up to $500. These
duties and functions of Commissioner of Lighthouses were taken over by Commandant of Coast Guard under
Reorg. Plan II of 1939, §2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432, set out in the Appendix to Title 5,
Government Organization and Employees.
§§721a to 724. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561
Section 721a, acts Aug. 16, 1937, ch. 665, §2, 50 Stat. 667; July 11, 1941, ch. 290, §2, 55 Stat. 585, related
to deposit of damage payments and disbursement. See section 546 of Title 14, Coast Guard.
Section 722, acts July 7, 1884, ch. 332, 23 Stat. 198; June 17, 1910, ch. 301, §6, 36 Stat. 538, related to
necessity for contract for expenditure of appropriations.
Section 723, act Mar. 4, 1909, ch. 299, §1, 35 Stat. 973, related to proposals for repair of vessels and
specifications.
Section 724, acts June 17, 1910, ch. 301, §8, 36 Stat. 538; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, related to
contracts for materials and necessity for public letting.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF REPEAL
Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act
Aug. 4, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.
EDITORIAL NOTES
CODIFICATION
R.S. §4680 derived from act Aug. 31, 1852, ch. 112, §17, 10 Stat. 120.
EDITORIAL NOTES
CODIFICATION
R.S. §4661 derived from act Mar. 3, 1821, ch. 52, §3, 3 Stat. 644.
EDITORIAL NOTES
CODIFICATION
R.S. §4662 derived from act Mar. 2, 1795, ch. 40, §§1, 2, 1 Stat. 426.
§§729, 730. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561
Section 729, acts June 17, 1910, ch. 301, §9, 36 Stat. 538; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, related to
purchase by Commandant of sites for lighthouses. See sections 501(f) and 902 of Title 14, Coast Guard.
Section 730, acts Mar. 4, 1913, ch. 168, 37 Stat. 1018; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736; Oct. 22,
1913, ch. 32, 38 Stat. 225, related to purchase of additional land for lighthouses and depots. See section 501(f)
of Title 14.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF REPEAL
Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act
Aug. 19, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.
EDITORIAL NOTES
CODIFICATION
Section was based on last paragraph under heading "FOR LIFE-SAVING AND LIFE-BOAT STATIONS"
of act Mar. 3, 1875, ch. 130, 18 Stat. 372, insofar as such paragraph provided for the right to use and occupy
sites for pier-head beacons. Provisions of such paragraph relating to the right to use and occupy sites for Coast
Guard Stations and houses of refuge were classified to section 96 of former Title 14, Coast Guard, and were
repealed by act Aug. 4, 1949, ch. 393, §20, 63 Stat. 561, and restated as section 92(f) of Title 14, Coast Guard.
Section 92(f) of Title 14 was subsequently renumbered section 501(f) of Title 14.
§§731, 732. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561
Section 731, acts Mar. 4, 1909, ch. 299, §1, 35 Stat. 972; June 17, 1910, ch. 301, §6, 36 Stat. 538, related to
lease of sites for temporary lights. See section 501 of Title 14, Coast Guard.
Section 732, acts Aug. 28, 1916, ch. 414, §2, 39 Stat. 538; July 11, 1941, ch. 290, §1, 55 Stat. 584, related
to exchange of right-of-way pertaining to Coast Guard. See section 501 of Title 14.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF REPEAL
Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act
Aug. 4, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.
§733. Transferred
EDITORIAL NOTES
CODIFICATION
Section, R.S. §355; June 28, 1930, ch. 710, 46 Stat. 828; Feb. 1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940, ch.
793, 54 Stat. 1083; Sept. 1, 1970, Pub. L. 91–393, §1, 84 Stat. 835, which related to approval of title prior to
Federal land purchases, payment of title expenses, application to Tennessee Valley Authority, and Federal
jurisdiction over acquisitions, was transferred to section 255 of former Title 40, Public Buildings, Property,
and Works, and was repealed and reenacted as sections 3111 and 3112 of Title 40, Public Buildings, Property,
and Works, by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304; Pub. L. 108–178, §2(a)(8),
Dec. 15, 2003, 117 Stat. 2638.
EDITORIAL NOTES
CODIFICATION
R.S. §4677 derived from act July 15, 1870, ch. 292, §3, 16 Stat. 309.
EDITORIAL NOTES
CODIFICATION
Section 737, act May 14, 1908, ch. 168, §4, 35 Stat. 162, as affected by act June 17, 1910, ch. 301, §6, 36
Stat. 538, related to maintenance of anchorage buoys in New York and Philadelphia harbors. See section 472
of this title.
Section 738, act June 5, 1920, ch. 235, §1, 41 Stat. 880, provided that the Lighthouse Service should
cooperate with the Coast Guard in marking certain anchorage grounds. The Lighthouse Service was
consolidated in the Coast Guard by Reorg. Plan No. II of 1939, §2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat.
1432, set out in the Appendix to Title 5, Government Organization and Employees.
§§739 to 740b. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561
Section 739, R.S. §4668, related to substitution of lighthouses for lightships.
Section 740, acts Mar. 3, 1915, ch. 81, §5, 38 Stat. 927; Aug. 28, 1916, ch. 414, §3, 39 Stat. 538; June 20,
1918, ch. 103, §5, 40 Stat. 608; June 5, 1920, ch. 235, §1, 41 Stat. 927, related to post-lantern lights on
particular waters.
Section 740a, act May 22, 1926, ch. 371, §6, 44 Stat. 626, related to post-lantern lights on Allegheny and
Rock Rivers.
Section 740b, acts June 23, 1874, ch. 455, §1, 18 Stat. 220; June 17, 1910, ch. 301, §6, 36 Stat. 538, related
to lights and buoys on Mississippi, Ohio, and Missouri Rivers.
Sections covered by section 541 of Title 14, Coast Guard.
§§741, 742. Repealed. June 6, 1940, ch. 257, §§5, 6, 54 Stat. 247
Section 741, acts May 14, 1908, ch. 168, §7, 35 Stat. 162; June 17, 1910, ch. 301, §6, 36 Stat. 538; Mar. 4,
1913, ch. 141, §1, 37 Stat. 736, related to reports of aids to navigation which might be discontinued.
Section 742, R.S. §4674; acts Feb. 14, 1903, ch. 552, §10, 32 Stat. 829; June 17, 1910, ch. 301, §6, 36 Stat.
538; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, related to discontinuance and reestablishment of lights.
Provisions of section 742 were substantially incorporated into sections 501 and 504 of Title 14, Coast
Guard.
EDITORIAL NOTES
PRIOR PROVISIONS
Prior provisions for the arrangement of the various lighthouse districts were made by R.S. §4670; act July
26, 1886, ch. 779, 24 Stat. 148, which were repealed by section 13 of act June 17, 1910.
§744. Omitted
EDITORIAL NOTES
CODIFICATION
Section, act June 20, 1918, ch. 103, §7, 40 Stat. 608, related to superintendents of lighthouses and their
salaries. The Bureau of Lighthouses and its functions were transferred and consolidated with the Coast Guard
by Reorg. Plan No. II of 1939, §2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432, set out in the Appendix to
Title 5, Government Organization and Employees.
§§746 to 746b. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 565
Section 746, act June 29, 1949, ch. 277, §1, 63 Stat. 299, related to compensation and pay of civilians
keepers of lighthouses and civilian employees on Coast Guard vessels.
Section 746a, act June 29, 1949, ch. 277, §2, 63 Stat. 299, related to extra pay and hours of duty.
Section 746b, act June 29, 1949, ch. 277, §3, 63 Stat. 300, related to additional compensation as affecting
retirement compensation.
§§747, 747a. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714
Section 747, act Aug. 28, 1916, ch. 414, §5, 39 Stat. 538, related to medical relief to lighthouse keepers.
See section 763c of this title. Act Aug. 28, 1916, was also repealed, by act Aug. 4, 1949, ch. 393, §20, 63 Stat.
561.
Section 747a, act May 22, 1926, ch. 371, §3, 44 Stat. 626, related to medical relief to lighthouse keepers.
See section 763c of this title. Act May 22, 1926, was also repealed by act Aug. 4, 1949, ch. 393, §20, 63 Stat.
561.
§§751 to 752a. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561
Section 751, act Mar. 3, 1915, ch. 81, §4, 38 Stat. 927, related to leave of absence to employees of
Lighthouse Service. See section 6301 et seq. of Title 5, Government Organization and Employees.
Section 752, acts Mar. 4, 1913, ch. 168, 37 Stat. 1019; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, related to
sale of condemned supplies, etc., and land not used; disposition of funds. See section 504 of Title 14, Coast
Guard.
Section 752a, act May 22, 1926, ch. 371, §5, 44 Stat. 626, related to sale of equipment; disposition of
receipts. See section 901 of Title 14.
§752b. Omitted
EDITORIAL NOTES
CODIFICATION
Section, act June 15, 1938, ch. 398, 52 Stat. 692, related to disposal of materials to the Boys Scouts of
America. See section 901 of Title 14, Coast Guard.
§§753, 754. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561
Section 753, act June 20, 1918, ch. 103, §4, 40 Stat. 608, related to sale of publications of Lighthouse
Service. See sections 1705, 1708 of Title 44, Public Printing and Documents.
Section 754, acts July 27, 1912, ch. 255, §2, 37 Stat. 239; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, related to
sale of clothing to employees. See section 2708 of Title 14, Coast Guard.
§§755 to 762. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561
Section 755, act June 16, 1880, ch. 235, 21 Stat. 263, related to police powers of masters of Lighthouse
Service. See section 522 of Title 14, Coast Guard.
Section 756, act Mar. 3, 1915, ch. 81, §6, 38 Stat. 928, related to use of appropriations with Forest Service.
See section 701 of Title 14.
Section 757, act Aug. 29, 1916, ch. 417, 39 Stat. 602, related to cooperation with Army and Navy
Departments in time of or in preparation for war. See sections 103, 501, 504, 505, 521, 701, 704, and 705 of
Title 14.
Section 758, act Aug. 29, 1916, ch. 417, 39 Stat. 602, related to transfer of vessels, equipment, etc., to Navy
or Army Departments in case of vocational emergency. See sections 103, 501, 504, 505, 521, 701, 704, and
705 of Title 14.
Section 759, acts June 20, 1906, ch. 3447, §3, 34 Stat. 324; June 17, 1910, ch. 301, §6, 36 Stat. 538, related
to unauthorized establishment of lights and penalty. See section 542 of Title 14.
Section 760, act May 14, 1908, ch. 168, §5, 35 Stat. 162, related to failure to maintain lights on bridges and
penalty. See section 544 of Title 14.
Section 761, acts May 14, 1908, ch. 168, §6, 35 Stat. 162; June 17, 1910, ch. 301, §6, 36 Stat. 538, related
to wrongful interference with Government aids to navigation and penalty. See section 543 of Title 14.
Section 762, act Mar. 3, 1915, ch. 81, §8, 38 Stat. 928, related to wrongful interference with private aids to
navigation and penalty. See section 543 of Title 14.
EDITORIAL NOTES
CODIFICATION
Section, acts June 20, 1918, ch. 103, §6, 40 Stat. 608; Nov. 4, 1918, ch. 201, §1, 40 Stat. 1036; June 21,
1955, ch. 170, §1, 69 Stat. 166; Pub. L. 85–142, Aug. 14, 1957, 71 Stat. 365; Pub. L. 90–164, §1, Nov. 29,
1967, 81 Stat. 519; Pub. L. 92–455, §6(a), Oct. 2, 1972, 86 Stat. 761, was repealed in part and omitted in part.
Section 763 consisted mostly of provisions from section 6 of act June 20, 1918, as amended, with one
additional proviso from act Nov. 4, 1918, and was restated at section 2532 of Title 14, Coast Guard. Section 6
of act June 20, 1918, was repealed by Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8510(a), Jan. 1,
2021, 134 Stat. 4757. Although it was not repealed, the proviso from act Nov. 4, 1918, was omitted from the
Code given the repeal of the remainder of this section and the inclusion of the content of that proviso within
section 2532 of Title 14.
EDITORIAL NOTES
REFERENCES IN TEXT
Section 763 of this title, referred to in text, was repealed, to the extent comprised of section 6 of act June
20, 1918, by Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8510(a), Jan. 1, 2021, 134 Stat. 4757.
Section 763a–1 of this title, referred to in text, was repealed by Pub. L. 116–283, div. G, title LVXXXV
[LXXXV], §8512(a)(10), Jan. 1, 2021, 134 Stat. 4759.
CODIFICATION
Sections 763 and 763a–1 of this title, referred to in text, was, in the original: "The provisions of section 6 of
the Act approved June 20, 1918 (40 Stat. 608), as amended and supplemented (U.S.C., 1934 edition, Supp. V.,
title 33, secs. 763 and 763a–1)".
§763b. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714
Section, act June 24, 1930, ch. 597, 46 Stat. 807, as affected by 1939 Reorg. Plans Nos. I, §§201, 205, and
II, §2(a), eff. July 1, 1939, 4 F.R. 2728, 2731, 53 Stat. 1424, 1432, provided for hospital facilities for retired
officers and employees of former Lighthouse Service.
§763c. Repealed. Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936
Section, act July 1, 1944, ch. 373, title XIII, §1310(b), formerly title VI, §610(b), 58 Stat. 714; renumbered
title VII, §710(b), by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; renumbered title VIII, §810(b), by act July
30, 1956, ch. 779, §3(b), 70 Stat. 721; renumbered title IX, §910(b), by Pub. L. 88–581, §4(b), Sept. 4, 1964,
78 Stat. 919; renumbered title X, §1010(b), by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; renumbered
title XI, §1110(b) by Pub. L. 91–572, §6(b), Dec. 24, 1970, 84 Stat. 1506; renumbered title XII, §1210(b) by
Pub. L. 92–294, §3(b), May 16, 1972, 86 Stat. 137; renumbered title XIII, §1310(b), by Pub. L. 93–154,
§2(b)(2), Nov. 16, 1973, 87 Stat. 604, made provision for hospital facilities for officers and employees.
§764. Omitted
EDITORIAL NOTES
CODIFICATION
Section, act Mar. 4, 1921, ch. 161, §1, 41 Stat. 1417, Pub. L. 116–283, div. G, title LVXXXV [LXXXV],
§8512(a)(13), Jan. 1, 2021, 134 Stat. 4759, related to privilege granted employees of continuing service after
retirement and which was limited to a ten year period after Mar. 4, 1921.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
The officers or employees to be retired refer to the officers and employees of the Lighthouse Service. The
Lighthouse Service was under the Secretary of Commerce prior to the transfer and consolidation of the Bureau
of Lighthouses, of which the Lighthouse Service was a part, with the Coast Guard which was under the
Secretary of the Treasury by Reorg. Plan No. II, §2(a), set out in the Appendix to Title 5, Government
Organization and Employees. Subsequently, the functions of the Secretary of the Treasury relating to the
Coast Guard were transferred to the Secretary of Transportation by section 6(b)(1) of Pub. L. 89–670. See
section 108 of Title 49, Transportation.
§§767 to 769. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561
Section 767, acts Mar. 3, 1915, ch. 81, §7, 38 Stat. 928; June 20, 1918, ch. 103, §7, 40 Stat. 608, related to
administration of oaths to employees of Lighthouse Service.
Section 768, acts Aug. 24, 1912, ch. 355, §8, 37 Stat. 487; Mar. 3, 1915, ch. 81, §7, 38 Stat. 928; June 20,
1918, ch. 103, §7, 40 Stat. 608; June 6, 1939, ch. 185, 53 Stat. 810, related to oaths to expense accounts.
Section 769, act Feb. 25, 1929, ch. 313, §3, 45 Stat. 1262, related to aids to navigation in Panama. See
section 541 of Title 14, Coast Guard.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Bureau of Lighthouses, of which Lighthouse Service was a part, transferred and consolidated with Coast
Guard under Secretary of the Treasury by Reorg. Plan No. II of 1939, §2(a), eff. July 1, 1939, 4 F.R. 2731, 33
Stat. 1432, set out in the Appendix to Title 5, Government Organization and Employees. Functions of
Secretary of the Treasury relating to Coast Guard transferred to Secretary of Transportation by section 6(b)(1)
of Pub. L. 89–670. See section 108 of Title 49, Transportation.
§773. Transferred
EDITORIAL NOTES
CODIFICATION
Section, act Aug. 19, 1950, ch. 761, §3, 64 Stat. 466, which related to application for benefits for surviving
spouses of Lighthouse Service employees and employee death benefits, was transferred to section 2534(a) of
Title 14, Coast Guard.
§774. Transferred
EDITORIAL NOTES
CODIFICATION
Section, Aug. 19, 1950, ch. 761, §4, 64 Stat. 466, which related to rules and regulations necessary to carry
out benefit provisions, was transferred to section 2534(b) of Title 14, Coast Guard.
EDITORIAL NOTES
REFERENCES IN TEXT
Sections 771 and 772 of this title, referred to in text, were repealed by Pub. L. 116–283, div. G, title
LVXXXV [LXXXV], §8512(a)(15), Jan. 1, 2021, 134 Stat. 4759. Section 773 of this title, referred to in text,
was transferred to section 2534(a) of Title 14, Coast Guard, by Pub. L. 116–283, div. G, title LVXXXV
[LXXXV], §8511(b)(2)(A), Jan. 1, 2021, 134 Stat. 4758. Section 774 of this title, referred to in text, was
transferred to section 2534(b) of Title 14 by Pub. L. 116–283, div. G, title LVXXXV [LXXXV],
§8511(b)(3)(A), Jan. 1, 2021, 134 Stat. 4758.
§776. Transferred
EDITORIAL NOTES
CODIFICATION
Section, Pub. L. 112–74, div. C, title V, Dec. 23, 2011, 125 Stat. 919, which related to payment of certain
annuities out of the Civil Service Retirement and Disability Fund, was transferred to section 2534(c) of Title
14, Coast Guard.
EDITORIAL NOTES
CODIFICATION
Section, Pub. L. 105–277, div. A, §101(b) [title II], Oct. 21, 1998, 112 Stat. 2681–50, 2681–83, which
authorized in the National Oceanic and Atmospheric Administration 250 commissioned officers on the active
list as of September 30, 1999, was from title II of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1999, and was not repeated in subsequent appropriation
acts.
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 105–119, title II, Nov. 26, 1997, 111 Stat. 2477.
Pub. L. 104–208, div. A, title I, §101(a) [title II], Sept. 30, 1996, 110 Stat. 3009, 3009–37.
Pub. L. 104–134, title I, §101[(a)] [title II], Apr. 26, 1996, 110 Stat. 1321, 1321–27; renumbered title I, Pub.
L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103–317, title II, Aug. 26, 1994, 108 Stat. 1741.
Pub. L. 103–121, title II, Oct. 27, 1993, 107 Stat. 1170.
Pub. L. 102–395, title II, Oct. 6, 1992, 106 Stat. 1849.
Pub. L. 102–140, title II, Oct. 28, 1991, 105 Stat. 799.
Pub. L. 101–515, title I, Nov. 5, 1990, 104 Stat. 2104.
Pub. L. 101–162, title I, Nov. 21, 1989, 103 Stat. 992.
Pub. L. 100–459, title I, Oct. 1, 1988, 102 Stat. 2190.
Pub. L. 100–202, §101(a) [title I], Dec. 22, 1987, 101 Stat. 1329, 1329–4.
Pub. L. 99–500, §101(b) [title I], Oct. 18, 1986, 100 Stat. 1783–39, 1783–42, and Pub. L. 99–591, §101(b)
[title I], Oct. 30, 1986, 100 Stat. 3341–39, 3341–42.
Pub. L. 99–180, title I, Dec. 13, 1985, 99 Stat. 1138.
Pub. L. 98–411, title I, Aug. 30, 1984, 98 Stat. 1548.
Pub. L. 98–166, title I, §101, Nov. 28, 1983, 97 Stat. 1074.
Pub. L. 97–377, title I, §101(d), Dec. 21, 1982, 96 Stat. 1867, 1869.
Pub. L. 97–92, §101(h) [incorporating H.R. 7584, title III, for FY 1981], Dec. 15, 1981, 95 Stat. 1190.
Pub. L. 96–536, §101o, [H.R. 7584, title III], Dec. 16, 1980, 94 Stat. 3169.
Pub. L. 96–68, title III, Sept. 24, 1979, 93 Stat. 424.
Pub. L. 95–431, title III, Oct. 10, 1978, 92 Stat. 1033.
Pub. L. 95–86, title III, Aug. 2, 1977, 91 Stat. 431.
Pub. L. 94–362, title III, July 14, 1976, 90 Stat. 949.
Pub. L. 94–121, title III, Oct. 21, 1975, 89 Stat. 625.
Pub. L. 93–433, title III, Oct. 5, 1974, 88 Stat. 1197.
Pub. L. 93–162, title III, Nov. 27, 1973, 87 Stat. 647.
Pub. L. 92–544, title III, Oct. 25, 1972, 86 Stat. 1121.
Pub. L. 92–77, title III, Aug. 10, 1971, 85 Stat. 257.
Pub. L. 91–472, title III, Oct. 21, 1970, 84 Stat. 1051.
Pub. L. 91–153, title III, Dec. 24, 1969, 83 Stat. 414.
Pub. L. 90–470, title III, Aug. 9, 1968, 82 Stat. 679.
Pub. L. 90–133, title III, Nov. 8, 1967, 81 Stat. 422.
Pub. L. 89–797, title III, Nov. 8, 1966, 80 Stat. 1491.
Pub. L. 89–164, title III, Sept. 2, 1965, 79 Stat. 631.
Pub. L. 88–527, title III, Aug. 31, 1964, 78 Stat. 722.
Pub. L. 88–245, title III, Dec. 30, 1963, 77 Stat. 787.
Pub. L. 87–843, title III, Oct. 18, 1962, 76 Stat. 1091.
Pub. L. 87–125, title II, Aug. 3, 1961, 75 Stat. 271.
Pub. L. 86–451, title I, May 13, 1960, 74 Stat. 94.
Pub. L. 86–88, title I, July 13, 1959, 73 Stat. 202.
Pub. L. 85–469, title I, June 25, 1958, 72 Stat. 229.
Pub. L. 85–52, title I, June 13, 1957, 71 Stat. 72.
June 20, 1956, ch. 415, title I, 70 Stat. 316.
June 30, 1955, ch. 253, title I, 69 Stat. 228.
July 2, 1954, ch. 456, title III, 68 Stat. 424.
Aug. 5, 1953, ch. 328, title III, 67 Stat. 378.
July 10, 1952, ch. 651, title III, 66 Stat. 564.
Oct. 22, 1951, ch. 533, title III, 65 Stat. 590.
Sept. 6, 1950, ch. 896, Ch. III, title III, 64 Stat. 624.
July 20, 1949, ch. 354, title III, 63 Stat. 466.
June 3, 1948, ch. 400, title III, 62 Stat. 325.
July 9, 1947, ch. 211, title III, 61 Stat. 298.
July 5, 1946, ch. 541, title III, 60 Stat. 470.
May 21, 1945, ch. 129, title III, 59 Stat. 191.
June 28, 1944, ch. 294, title III, 58 Stat. 420.
July 1, 1943, ch. 182, title III, 57 Stat. 296.
July 2, 1942, ch. 472, title III, 56 Stat. 495.
June 28, 1941, ch. 258, title II, 55 Stat. 283.
May 14, 1940, ch. 189, title II, 54 Stat. 198.
June 29, 1939, ch. 248, title III, 53 Stat. 916.
Apr. 27, 1938, ch. 180, title III, 52 Stat. 281.
June 16, 1937, ch. 359, title III, 50 Stat. 294.
May 15, 1936, ch. 405, 49 Stat. 1341.
Mar. 22, 1935, ch. 39, 49 Stat. 96.
Feb. 27, 1925, ch. 364, title III, 43 Stat. 1046.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of
Commerce to be known as Environmental Science Services Administration, and offices of Director and
Deputy Director of Coast and Geodetic Survey abolished, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30
F.R. 8819, 79 Stat. 1318, set out below. The Reorg. Plan also transferred to Secretary of Commerce all
functions of Coast and Geodetic Survey and of its Director.
Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title
5, Government Organization and Employees, abolished Environmental Science Services Administration,
including offices of Administrator and Deputy Administrator, and established National Oceanic and
Atmospheric Administration within Department of Commerce. By Department Organization Order 25–5A,
republished 39 F.R. 27486, July 29, 1974, Secretary of Commerce delegated to National Oceanic and
Atmospheric Administration a number of functions vested in him, including his functions under this chapter of
the Code. By order of Acting Associate Administrator, 35 F.R. 19249, Dec. 19, 1970, the following
organizational names appearing in chapter IX of subtitle B of Title 15, Code of Federal Regulations, relating
to the Administration, were changed: Environmental Science Services Administration to National Oceanic and
Atmospheric Administration (ESSA to NOAA); Coast and Geodetic Survey to National Ocean Survey, and
Weather Bureau to National Weather Service.
The functions of all officers of Department of Commerce and all functions of all officers and employees of
such Department, were, with a few exceptions, transferred to Secretary of Commerce, with power vested in
him to authorize their performance or the performance of any of his functions by any of such officers,
agencies, and employees, by Reorg. Plan No. 5 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat.
1263, set out in the Appendix to Title 5, Government Organization and Employees. The Coast and Geodetic
Survey was an agency within the Department of Commerce.
REORGANIZATION PLAN NO. 2 OF 1965
EFF. JULY 13, 1965, 30 F.R. 8819, 79 STAT. 1318, AS AMENDED PUB. L. 90–83, §10(C),
SEPT. 11, 1967, 81 STAT. 224
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress
assembled, May 13, 1965, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as
amended [see 5 U.S.C. 901 et seq.].
§851a. Repealed. June 3, 1948, ch. 390, §22(a), formerly §21(a), 62 Stat. 300;
renumbered §22(a), Sept. 14, 1961, Pub. L. 87–233, §1(f), 75 Stat. 506
Section, act Jan. 19, 1942, ch. 6, §1, 56 Stat. 6, related to distribution of the total number of commissioned
officers in rank.
EDITORIAL NOTES
CODIFICATION
Sections, which made provision for a Director of the Coast and Geodetic Survey and for a Deputy Director
and covered their appointment, rank, pay, and allowances, have been omitted in view of 1965 Reorg. Plan No.
2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title, which
abolished such offices and transferred their functions to the Secretary of Commerce. For further details, see
Transfer of Functions note set out under section 851 of this title.
Section 852, acts June 4, 1920, ch. 228, §1, 41 Stat. 825; June 5, 1920, ch. 235, §1, 41 Stat. 929; Feb. 16,
1929, ch. 221, §5, 45 Stat. 1187; Mar. 18, 1936, ch. 147, 49 Stat. 1164, provided for the appointment and
reappointment of the Director of the Coast and Geodetic Survey.
Section 852a, acts Feb. 16, 1929, ch. 221, §5, 45 Stat. 1187; Mar. 18, 1936, ch. 147, 49 Stat. 1164; June 3,
1948, ch. 390, §21(a), formerly §20(a), 62 Stat. 300; renumbered §21(a), Sept. 14, 1961, Pub. L. 87–233,
§1(f), 75 Stat. 506, provided for the rank, pay, and allowances of the Director.
Section 852b, acts Jan. 19, 1942, ch. 6, §8, 56 Stat. 8; June 3, 1948, ch. 390, §21(b), formerly §20(b), 62
Stat. 300; renumbered §21(b), Sept. 14, 1961, Pub. L. 87–233, §1(f), 75 Stat. 506; June 21, 1955, ch. 172,
§3(b), 69 Stat. 169; June 30, 1960, Pub. L. 86–554, §1, 74 Stat. 258, provided for the appointment, active and
retired rank, pay, and allowances, of the Deputy Director of the Coast and Geodetic Survey.
EDITORIAL NOTES
AMENDMENTS
1983—Pub. L. 98–176 amended section generally, substituting "The Secretary of Commerce is" for "The
Superintendent of the Coast and Geodetic Survey, subject to the approval of the Secretary of Commerce, is
hereby", "$2,500" for "$500", and "the National Oceanic and Atmospheric Administration is responsible" for
"the Coast and Geodetic Survey shall be found to be responsible".
1975—Pub. L. 93–608 struck out reporting requirement to Congress of amounts ascertained and determined
due for payment as legal claims out of Congressional appropriations.
§§853a to 853l. Repealed. Pub. L. 107–372, title II, §271(1), Dec. 19, 2002, 116
Stat. 3094
Section 853a, acts June 3, 1948, ch. 390, §2, 62 Stat. 297; Pub. L. 87–233, §1(a), Sept. 14, 1961, 75 Stat.
506; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct.
3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 105–384, title III, §307(a), Nov. 13, 1998, 112 Stat. 3457,
related to authorized numbers of commissioned officers on the active list of the National Oceanic and
Atmospheric Administration. See sections 3004 and 3005 of this title.
Section 853b, act June 3, 1948, ch. 390, §3, 62 Stat. 298, related to promotion by selection to grades above
lieutenant. See section 3024 of this title.
Section 853c, act June 3, 1948, ch. 390, §4, 62 Stat. 298, related to promotion to the grade of lieutenant and
lieutenant commander upon completion of seven and fourteen years of service, respectively.
Section 853d, act June 3, 1948, ch. 390, §5, 62 Stat. 298, related to promotion to the grade of commander
and captain after completion of twenty-one and thirty years of service, respectively.
Section 853e, acts June 3, 1948, ch. 390, §6, 62 Stat. 298; June 21, 1955, ch. 172, §4(a), 69 Stat. 169; Pub.
L. 87–233, §1(b), Sept. 14, 1961, 75 Stat. 506, related to promotion and separation from service of ensigns.
See section 3023 of this title.
Section 853f, act June 3, 1948, ch. 390, §7, 62 Stat. 298, related to length of service for purposes of
promotion. See section 3025 of this title.
Section 853g, acts June 3, 1948, ch. 390, §8, 62 Stat. 298; Pub. L. 98–498, title III, §320(a)(1), Oct. 19,
1984, 98 Stat. 2307, related to retirement or separation of officers. See section 3041 of this title.
Section 853h, acts June 3, 1948, ch. 390, §9, 62 Stat. 299; Pub. L. 87–649, §9(b)(1), Sept. 7, 1962, 76 Stat.
495; Pub. L. 98–498, title III, §320(a)(1), Oct. 19, 1984, 98 Stat. 2307; Pub. L. 102–54, §13(m)(1), June 13,
1991, 105 Stat. 277; Pub. L. 105–85, div. A, title VI, §652(a), (b), Nov. 18, 1997, 111 Stat. 1803, 1804,
related to separation pay of officers. See section 3042 of this title.
Section 853i, acts June 3, 1948, ch. 390, §10, 62 Stat. 299; June 21, 1955, ch. 172, §4(b), 69 Stat. 170,
directed that appointments and promotions be made by President and authorized suspension of provisions in
time of emergency. See sections 3026 and 3033 of this title.
Section 853j, act June 3, 1948, ch. 390, §11, 62 Stat. 299, required passing of examinations for promotion.
Section 853j–1, acts June 3, 1948, ch. 390, §12, as added Pub. L. 87–233, §1(d), Sept. 14, 1961, 75 Stat.
506; amended Pub. L. 98–498, title III, §320(b), Oct. 19, 1984, 98 Stat. 2308, related to temporary
appointments and promotions made by President. See section 3029 of this title.
Section 853k, acts June 3, 1948, ch. 390, §13, formerly §12, 62 Stat. 299; renumbered §13, Pub. L. 87–233,
§1(c), Sept. 14, 1961, 75 Stat. 506, related to retirement of officers for age. See section 3043 of this title.
Section 853l, acts June 3, 1948, ch. 390, §14, formerly §13, 62 Stat. 299; renumbered §14 and amended
Pub. L. 87–233, §1(e), Sept. 14, 1961, 75 Stat. 506, related to retirement for length of service upon
application. See section 3044 of this title.
A prior section 14 of act June 3, 1948, was classified to section 853m of this title prior to repeal by act Oct.
12, 1949.
§§853m, 853n. Repealed. Oct. 12, 1949, ch. 681, title V, §531(b)(41), 63 Stat. 840
Section 853m, act June 3, 1948, ch. 390, §14, 62 Stat. 299, related to retirement for disability. See section
1201 et seq. of Title 10, Armed Forces.
Section 853n, act June 3, 1948, ch. 390, §15, 62 Stat. 299, related to computation of service for retirement
purposes. See sections 1401 et seq., 6321 et seq., and 6371 et seq. of Title 10.
§853o. Repealed. Pub. L. 107–372, title II, §271(1), Dec. 19, 2002, 116 Stat. 3094
Section, acts June 3, 1948, ch. 390, §16, 62 Stat. 299; Oct. 12, 1949, ch. 681, title V, §531(b)(41), 63 Stat.
840; Pub. L. 85–422, §11(c), May 20, 1958, 72 Stat. 132; Pub. L. 87–649, §9(b)(2), Sept. 7, 1962, 76 Stat.
495; Pub. L. 96–342, title VIII, §813(g), Sept. 8, 1980, 94 Stat. 1110; Pub. L. 98–94, title IX, §§922(c),
923(e), Sept. 24, 1983, 97 Stat. 642, 643; Pub. L. 99–348, title II, §206, July 1, 1986, 100 Stat. 701, related to
computation of retirement pay. See section 3045 of this title.
§853o–1. Credit of service as deck officer or junior engineer and certain other
active service for retirement and retirement pay
Active service in the National Oceanic and Atmospheric Administration as a deck officer or junior
engineer and active service counted on June 30, 1922, for longevity pay, shall be credited to
commissioned officers as active commissioned service for purposes of retirement and retirement pay.
(Pub. L. 87–649, §9(c), Sept. 7, 1962, 76 Stat. 496; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30
F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)
EDITORIAL NOTES
CODIFICATION
Section was formerly classified to section 302 of Title 37 prior to the general revision and enactment of
Title 37, Pay and Allowances of the Uniformed Services, by Pub. L. 87–649, §1, Sept. 7, 1962, 76 Stat. 451.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of
Commerce to be known as Environmental Science Services Administration, and commissioned officers of
Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set
out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all
functions of Coast and Geodetic Survey and Director of Survey. Subsequently, Environmental Science
Services Administration abolished, National Oceanic and Atmospheric Administration established, and
Commissioned Officer Corps of ESSA redesignated Commissioned Officer Corps of NOAA by Reorg. Plan
No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government
Organization and Employees. For further details, see note set out under section 851 of this title.
§§853p to 853r. Repealed. Pub. L. 107–372, title II, §271(1), Dec. 19, 2002, 116
Stat. 3094
Section 853p, act June 3, 1948, ch. 390, §17, 62 Stat. 300, provided that retired pay be based on highest
rank held. See section 3046 of this title.
Section 853q, act June 3, 1948, ch. 390, §18, 62 Stat. 300, provided that Coast and Geodetic Survey
Commissioned Officers' Act of 1948 would not affect retired rank and pay held pursuant to other laws. See
section 3047 of this title.
Section 853r, act June 3, 1948, ch. 390, §19, 62 Stat. 300, related to personnel board. See section 3022 of
this title.
§853s. Repealed. Pub. L. 88–431, §1(c)(2), Aug. 14, 1964, 78 Stat. 440
Section, act June 3, 1948, ch. 390, §20, as added Sept. 14, 1961, Pub. L. 87–233, §1(g), 75 Stat. 506, related
to transportation of motor vehicles for commissioned officers of Survey ordered to make a permanent change
of station.
§§853t to 854. Repealed. Pub. L. 107–372, title II, §271(1), (4), Dec. 19, 2002, 116
Stat. 3094
Section 853t, act June 3, 1948, ch. 390, §23, as added Pub. L. 87–233, §1(h), Sept. 14, 1961, 75 Stat. 506,
related to original appointments. See section 3021 of this title.
Section 853u, act June 3, 1948, ch. 390, §24, as added Pub. L. 98–498, title III, §320(c)(1), Oct. 19, 1984,
98 Stat. 2308; amended Pub. L. 99–145, title V, §514(a)(3), Nov. 8, 1985, 99 Stat. 628; Pub. L. 105–384, title
III, §307(b), Nov. 13, 1998, 112 Stat. 3458, related to designation of positions of importance and
responsibility. See section 3028 of this title.
Section 853v, act June 3, 1948, ch. 390, §25, as added Pub. L. 106–65, div. A, title VI, §652(c), Oct. 5,
1999, 113 Stat. 665, related to presentation of flag upon retirement. See section 3076 of this title.
Section 854, acts May 22, 1917, ch. 20, §16, 40 Stat. 88; June 21, 1955, ch. 172, §2(a), 69 Stat. 169,
required mental and physical examination prior to appointment or promotion. See section 3027 of this title.
§854a. Service credit as deck officer or junior engineer for promotion purposes
For purposes of promotion which is now or may hereafter be authorized for officers appointed
after June 30, 1922, there shall be counted in addition to active commissioned service, service as
deck officer and junior engineer.
(Jan. 19, 1942, ch. 6, §2, 56 Stat. 6; June 3, 1948, ch. 390, §22(a), formerly §21(a), 62 Stat. 300,
renumbered §22(a), Pub. L. 87–233, §1(f), Sept. 14, 1961, 75 Stat. 506; Oct. 12, 1949, ch. 681, title
V, §531(b)(32), 63 Stat. 839; June 21, 1955, ch. 172, §3(a), 69 Stat. 169.)
EDITORIAL NOTES
CODIFICATION
Provisions similar to this section are contained in section 3032 of this title.
AMENDMENTS
1955—Act June 21, 1955, credited all service as deck officer and junior engineer.
1949—Act Oct. 12, 1949, repealed that part of second proviso of subsec. (b) relating to service credit as
deck officer or junior engineer for pay, longevity pay, or retirement purposes.
1948—Act June 3, 1948, repealed subsecs. (a), (c), (d) and all of subsec. (b) except for second proviso
which now comprises this section.
EDITORIAL NOTES
REFERENCES IN TEXT
Sections 854, 855, 856, 857, and 858 of this title, referred to in text, were repealed by Pub. L. 107–372, title
II, §271(4), Dec. 19, 2002, 116 Stat. 3094.
CODIFICATION
Provisions similar to this section are contained in section 3030 of this title.
AMENDMENTS
1966—Pub. L. 89–657 struck out reference to act of July 24, 1941 (Public, Numbered 188, Seventy-seventh
Congress) which, for purposes of codification, has been changed to sections 350 to 350j of former title 34 and
substituted Environmental Science Services Administration for Coast and Geodetic Survey, temporary
advancement of commissioned officers for temporary promotions, military departments for Department of the
Army or Navy Department, Secretary of the military department concerned for Secretary of the Army or
Secretary of the Navy, and reference to temporary appointments in all grades to which original appointments
in the Environmental Science Services Administration are authorized for reference to temporary appointment
of regularly appointed deck officers and junior engineers to the rank and grade of ensign.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of
Commerce to be known as Environmental Science Services Administration, and commissioned officers of
Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set
out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all
functions of Coast and Geodetic Survey and Director of Survey. Subsequently, Environmental Science
Services Administration abolished, National Oceanic and Atmospheric Administration established, and
Commissioned Officer Corps of ESSA redesignated Commissioned Officer Corps of NOAA by Reorg. Plan
No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government
Organization and Employees. For further details, see note set out under section 851 of this title.
DELEGATION OF FUNCTIONS
Functions of President under pars. (1), (2), and (3) delegated to Secretary of Commerce, see section 1(b), (i)
and (j) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, set out as a note under section 301 of Title 3, The
President.
EDITORIAL NOTES
CODIFICATION
"Section 3331 of title 5" substituted in text for "section 1757, Revised Statutes" on authority of Pub. L.
89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government
Organization and Employees. Section 1757 of the Revised Statutes had been classified to section 16 of former
Title 5, Executive Departments and Government Officers and Employees.
Provisions similar to this section are contained in section 3031 of this title.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of
Commerce to be known as Environmental Science Services Administration, and commissioned officers of
Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set
out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all
functions of Coast and Geodetic Survey and Director of Survey. Subsequently, Environmental Science
Services Administration abolished, National Oceanic and Atmospheric Administration established, and
Commissioned Officer Corps of ESSA redesignated Commissioned Officer Corps of NOAA by Reorg. Plan
No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government
Organization and Employees. For further details, see note set out under section 851 of this title.
§§854b, 854c. Repealed. June 3, 1948, ch. 390, §22(a), formerly §21(a), 62 Stat.
300; renumbered §22(a), Sept. 14, 1961, Pub. L. 87–233, §1(f), 75 Stat. 506
Section 854b, act Jan. 19, 1942, ch. 6, §3, 56 Stat. 7, related to composition, powers and duties of a
Personnel Board.
Section 854c, act Jan. 19, 1942, ch. 6, §4, 56 Stat. 7, related to submission of reports of the Personnel
Boards to the President.
§855. Repealed. Pub. L. 107–372, title II, §271(4), Dec. 19, 2002, 116 Stat. 3094
Section, acts May 22, 1917, ch. 20, §16, 40 Stat. 87; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R.
8819, 79 Stat. 1318; Pub. L. 89–657, §1(1), Oct. 14, 1966, 80 Stat. 907; 1970 Reorg. Plan No. 4, eff. Oct. 3,
1970, 35 F.R. 15627, 84 Stat. 2090, related to cooperation with and transfer to military departments. See
section 3061 of this title.
§§856 to 857–5. Repealed. Pub. L. 107–372, title II, §271(3), (4), Dec. 19, 2002,
116 Stat. 3094
Section 856, acts May 22, 1917, ch. 20, §16, 40 Stat. 88; June 21, 1955, ch. 172, §2(b), 69 Stat. 169; 1965
Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970,
35 F.R. 15627, 84 Stat. 2090, related to relative rank of National Oceanic and Atmospheric Administration
officers when serving with Army, Navy, or Air Force. See section 3062 of this title.
Section 857, acts May 22, 1917, ch. 20, §16, 40 Stat. 88; Aug. 1, 1956, ch. 837, title V, §501(d)(1), 70 Stat.
883; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct.
3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 102–54, §13(m)(2), June 13, 1991, 105 Stat. 277, related to
service of commissioned officers of the National Oceanic and Atmospheric Administration for purposes of
servicemen's and veterans' benefits. See section 3072 of this title.
Section 857–1, Pub. L. 91–621, §1, Dec. 31, 1970, 84 Stat. 1863, related to applicable definitions. See
section 3002 of this title.
Section 857–2, Pub. L. 91–621, §2, Dec. 31, 1970, 84 Stat. 1863, related to retirement grade and pay. See
section 3046 of this title.
Section 857–3, Pub. L. 91–621, §3, Dec. 31, 1970, 84 Stat. 1863; Pub. L. 98–498, title III, §310(a), Oct. 19,
1984, 98 Stat. 2306; Pub. L. 102–54, §13(m)(3), June 13, 1991, 105 Stat. 277, related to service for purposes
of certain statutory rights, privileges, immunities, and benefits and provision of medical and dental care. See
sections 3072 and 3073 of this title.
Section 857–4, Pub. L. 91–621, §4, Dec. 31, 1970, 84 Stat. 1863, related to commissary privileges. See
section 3074 of this title.
Section 857–5, Pub. L. 91–621, §5, Dec. 31, 1970, 84 Stat. 1864, related to applicability of statutes that had
applied to commissioned officers of the Coast and Geodetic Survey and the Environmental Science Services
Administration.
§§857–6 to 857–12. Repealed. Pub. L. 95–63, §7(a), July 5, 1977, 91 Stat. 267
Section 857–6, Pub. L. 92–125, §1, Aug. 16, 1971, 85 Stat. 344, established National Advisory Committee
on Oceans and Atmosphere. See section 857–13 of this title.
Section 857–7, Pub. L. 92–125, §2, Aug. 16, 1971, 85 Stat. 344, provided for membership, terms of office,
duties, and Chairman and Vice Chairman of Committee. See section 857–14 of this title.
Section 857–8, Pub. L. 92–125, §3, Aug. 16, 1971, 85 Stat. 344, provided for designation of a senior policy
official of Federal departments and agencies to assist Committee. See section 857–17(a) of this title.
Section 857–9, Pub. L. 92–125, §4, Aug. 16, 1971, 85 Stat. 344; Pub. L. 94–69, §2, Aug. 5, 1975, 89 Stat.
384, provided for an annual report by Committee. See section 857–15 of this title.
Section 857–10, Pub. L. 92–125, §5, Aug. 16, 1971, 85 Stat. 344, provided for compensation and travel
expenses of Committee members. See section 857–16 of this title.
Section 857–11, Pub. L. 92–125, §6, Aug. 16, 1971, 85 Stat. 345, provided for assistance to Committee by
Federal departments and agencies. See section 857–17 of this title.
Section 857–12, Pub. L. 92–125, §7, Aug. 16, 1971, 85 Stat. 345; Pub. L. 92–567, Oct. 25, 1972, 86 Stat.
1181; Pub. L. 94–69, §1, Aug. 5, 1975, 89 Stat. 384, authorized appropriations for operation of the
Committee. See section 857–18 of this title.
EDITORIAL NOTES
PRIOR PROVISIONS
Provisions similar to that contained in this section, which established a National Advisory Committee on
Oceans and Atmosphere with a membership of twenty-five, were contained in section 857–6 of this title prior
to repeal by section 7(a) of Pub. L. 95–63.
§857–14. Membership
(a) Appointment and qualifications
The members of the Committee, who may not be full-time officers or employees of the United
States, shall be appointed by the President. Members shall be appointed only from among individuals
who are eminently qualified by way of knowledge and expertise in the following areas of direct
concern to the Committee—
(1) one or more of the disciplines and fields included in marine science and technology, marine
industry, marine-related State and local governmental functions, coastal zone management, or
other fields directly appropriate for consideration of matters of ocean policy; or
(2) one or more of the disciplines and fields included in atmospheric science,
atmospheric-related State and local governmental functions, or other fields directly appropriate for
consideration of matters of atmospheric policy.
(b) Terms
(1) The term of office of a member of the Committee shall be 3 years; except that of the original
appointees, 6 shall be appointed for a term to expire on July 1, 1979, 6 shall be appointed for a term
to expire on July 1, 1980, and 6 shall be appointed for a term to expire on July 1, 1981.
(2) Any individual appointed to fill a vacancy occurring before the expiration of the term for
which his or her predecessor was appointed shall be appointed only for the remainder of such term.
No individual may be reappointed to the Committee for more than one additional 3-year term. A
member may serve after the date of the expiration of the term of office for which appointed until his
or her successor has taken office. The terms of office for members first appointed after July 5, 1977,
shall begin on July 1, 1977.
(c) Chairman
The President shall designate one of the members of the Committee as the Chairman and one of
the members as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or
incapacity of, or in the event of a vacancy in the office of, the Chairman.
(d) Duties
The Committee shall—
(1) undertake a continuing review, on a selective basis, of national ocean policy, coastal zone
management, and the status of the marine and atmospheric science and service programs of the
United States; and
(2) advise the Secretary of Commerce with respect to the carrying out of the programs
administered by the National Oceanic and Atmospheric Administration.
(Pub. L. 95–63, §3, July 5, 1977, 91 Stat. 265; Pub. L. 95–304, §1(1), June 29, 1978, 92 Stat. 347;
Pub. L. 97–87, §1(1), Dec. 1, 1981, 95 Stat. 1134.)
EDITORIAL NOTES
PRIOR PROVISIONS
Provisions similar to those contained in this section, which related to membership, terms, and duties of the
National Advisory Committee on Oceans and Atmosphere as originally established on Aug. 16, 1971, were
contained in section 857–7 of this title prior to repeal by section 7(a) of Pub. L. 95–63.
AMENDMENTS
1981—Subsec. (b)(2). Pub. L. 97–87 struck out ", or until ninety days after such date, whichever is earlier"
after "until his or her successor has taken office".
1978—Subsec. (b)(1). Pub. L. 95–304 substituted provisions authorizing terms of members to expire on
July 1, 1979, July 1, 1980, and July 1, 1981, respectively, for provisions authorizing terms of members to be
for 1 year, 2 years, and 3 years, respectively.
§857–15. Reports
(a) In general
The Committee shall submit an annual report to the President and to the Congress setting forth an
assessment, on a selective basis, of the status of the Nation's marine and atmospheric activities, and
shall submit such other reports as may from time to time be requested by the President or the
Congress.
(b) Review by Secretary
Each annual report shall also be submitted to the Secretary of Commerce, who shall, within 60
days after receipt thereof, transmit his or her comments and recommendations to the President and to
the Congress.
(c) Annual report submittal
The annual report required under subsection (a) shall be submitted on or before June 30 of each
year, beginning with June 30, 1978.
(Pub. L. 95–63, §4, July 5, 1977, 91 Stat. 266.)
EDITORIAL NOTES
PRIOR PROVISIONS
A provision similar to that contained in this section, which required an annual report, beginning June 30,
1972, from the National Advisory Committee on Oceans and Atmosphere as originally established on Aug.
16, 1971, was contained in section 857–9 of this title prior to repeal by section 7(a) of Pub. L. 95–63.
EDITORIAL NOTES
REFERENCES IN TEXT
Section 5703 of title 5, referred to in text, was amended generally by Pub. L. 94–22, §4, May 19, 1975, 89
Stat. 85, and, as so amended, does not contain a subsec. (b).
PRIOR PROVISIONS
A provision similar to that contained in this section, which authorized compensation and travel expenses for
members of the National Advisory Committee on Oceans and Atmosphere as originally established on Aug.
16, 1971, was contained in section 857–10 of this title prior to repeal by section 7(a) of Pub. L. 95–63.
AMENDMENTS
1981—Pub. L. 97–87 substituted "not to exceed the daily rate for a GS–18" for "of $100 per day".
EDITORIAL NOTES
PRIOR PROVISIONS
Provisions similar to those contained in this section, which required the designation of senior policy
officials as observers, directed the Secretary of Commerce to provide administrative assistance, and
authorized requests for assistance from Federal agencies by the Federal Advisory Committee on Oceans and
Atmosphere as originally established on Aug. 16, 1971, were contained in sections 857–8 and 857–11 of this
title prior to repeal by section 7(a) of Pub. L. 95–63.
EDITORIAL NOTES
PRIOR PROVISIONS
Provisions similar to those contained in this section, which authorized appropriations, beginning with an
authorization of $200,000 for the fiscal year ending June 30, 1972, for the operation of the National Advisory
Committee on Oceans and Atmosphere as originally established on Aug. 16, 1971, were contained in section
857–12 of this title prior to repeal by section 7(a) of Pub. L. 95–63.
AMENDMENTS
1981—Pub. L. 97–87 inserted provisions authorizing appropriations of not to exceed $555,000 for fiscal
year ending Sept. 30, 1982, and provided that such sums as might be appropriated under authority of this
section remain available until expended.
1979—Pub. L. 96–26 substituted provisions authorizing appropriations of $565,000 for fiscal year ending
Sept. 30, 1980, and $600,000 for fiscal year ending Sept. 30, 1981, for provisions directing that sums
appropriated under this section remain available until expended.
1978—Pub. L. 95–304 inserted provisions authorizing appropriations for fiscal year ending Sept. 30, 1979.
EXECUTIVE DOCUMENTS
EXECUTIVE ORDER NO. 13366
Ex. Ord. No. 13366, Dec. 17, 2004, 69 F.R. 76591, which established the Committee on Ocean Policy, was
revoked by Ex. Ord. No. 13547, §10, July 19, 2010, 75 F.R. 43027, formerly set out below.
EXECUTIVE ORDER NO. 13547
Ex. Ord. No. 13547, July 19, 2010, 75 F.R. 43023, which established policy regarding stewardship of the
ocean, coasts, and the Great Lakes and established the National Ocean Council, was revoked by Ex. Ord. No.
13840, §7, June 19, 2018, 83 F.R. 29433, set out below.
EX. ORD. NO. 13840. OCEAN POLICY TO ADVANCE THE ECONOMIC, SECURITY, AND
ENVIRONMENTAL INTERESTS OF THE UNITED STATES
Ex. Ord. No. 13840, June 19, 2018, 83 F.R. 29431, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America,
it is hereby ordered as follows:
SECTION 1. Purpose. The ocean, coastal, and Great Lakes waters of the United States are foundational to
the economy, security, global competitiveness, and well-being of the United States. Ocean industries employ
millions of Americans and support a strong national economy. Domestic energy production from Federal
waters strengthens the Nation's security and reduces reliance on imported energy. Our Armed Forces protect
our national interests in the ocean and along the Nation's coasts. Goods and materials that support our
economy and quality of life flow through maritime commerce. Our fisheries resources help feed the Nation
and present tremendous export opportunities. Clean, healthy waters support fishing, boating, and other
recreational opportunities for all Americans.
This order maintains and enhances these and other benefits to the Nation through improved public access to
marine data and information, efficient interagency coordination on ocean-related matters, and engagement
with marine industries, the science and technology community, and other ocean stakeholders. To advance
these national interests, this order recognizes and supports Federal participation in regional ocean
partnerships, to the extent appropriate and consistent with national security interests and statutory authorities.
SEC. 2. Policy. It shall be the policy of the United States to:
(a) coordinate the activities of executive departments and agencies (agencies) regarding ocean-related
matters to ensure effective management of ocean, coastal, and Great Lakes waters and to provide economic,
security, and environmental benefits for present and future generations of Americans;
(b) continue to promote the lawful use of the ocean by agencies, including United States Armed Forces;
(c) exercise rights and jurisdiction and perform duties in accordance with applicable domestic law and—if
consistent with applicable domestic law—international law, including customary international law;
(d) facilitate the economic growth of coastal communities and promote ocean industries, which employ
millions of Americans, advance ocean science and technology, feed the American people, transport American
goods, expand recreational opportunities, and enhance America's energy security;
(e) ensure that Federal regulations and management decisions do not prevent productive and sustainable use
of ocean, coastal, and Great Lakes waters;
(f) modernize the acquisition, distribution, and use of the best available ocean-related science and
knowledge, in partnership with marine industries; the ocean science and technology community; State, tribal,
and local governments; and other ocean stakeholders, to inform decisions and enhance entrepreneurial
opportunity; and
(g) facilitate, as appropriate, coordination, consultation, and collaboration regarding ocean-related matters,
consistent with applicable law, among Federal, State, tribal, and local governments, marine industries, the
ocean science and technology community, other ocean stakeholders, and foreign governments and
international organizations.
SEC. 3. Definitions. For the purposes of this order, the following definitions apply:
(a) "Ocean-related matters" means management, science, and technology matters involving the ocean,
coastal, and Great Lakes waters of the United States (including its territories and possessions), and related
seabed, subsoil, waters superadjacent to the seabed, and natural resources.
(b) "Regional ocean partnership" means a regional organization of coastal or Great Lakes States, territories,
or possessions voluntarily convened by governors to address cross-jurisdictional ocean matters, or the
functional equivalent of such a regional ocean organization designated by the governor or governors of a State
or States.
SEC. 4. Interagency Coordination. (a) To ensure appropriate coordination by Federal agencies on
ocean-related matters, there is hereby established the interagency Ocean Policy Committee (Committee).
(i) The Committee shall consist of the following:
(1) The Chairman of the Council on Environmental Quality (CEQ) and the Director of the Office of
Science and Technology Policy (OSTP), who shall serve as Co-Chairs;
(2) The Secretary of State, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary
of Agriculture, Secretary of Commerce, Secretary of Transportation, Secretary of Energy, Secretary of
Homeland Security, Administrator of the Environmental Protection Agency, Director of the Office of
Management and Budget, Administrator of the National Aeronautics and Space Administration, Director of
the National Science Foundation, Director of National Intelligence, Chairman of the Joint Chiefs of Staff,
Under Secretary of Commerce for Oceans and Atmosphere, Assistant Secretary of the Army (Civil Works),
and Commandant of the Coast Guard;
(3) The Assistants to the President for National Security Affairs, Homeland Security and
Counterterrorism, Domestic Policy, and Economic Policy;
(4) A representative from the Office of the Vice President designated by the Vice President; and
(5) Such other officers or employees of the Federal Government as the Co-Chairs may from time to
time designate.
(b) The Co-Chairs, in coordination with the Assistants to the President for National Security Affairs,
Homeland Security and Counterterrorism, Domestic Policy, and Economic Policy, shall regularly convene and
preside at meetings of the Committee, determine its agenda, and direct its work, and shall establish and direct
subcommittees of the Committee as appropriate. The Committee shall, as appropriate, establish
subcommittees with responsibility for advising the Committee on matters pertaining to ocean science and
technology and ocean-resource management.
(i) Committee members may designate, to perform their Committee or subcommittee functions, any person
who is within their department, agency, or office who is:
(1) a civilian official appointed by the President;
(2) a member of the Senior Executive Service or the Senior Intelligence Service;
(3) a general officer or flag officer; or
(4) an employee of the Office of the Vice President.
(ii) Consistent with applicable law and subject to the availability of appropriations, OSTP or CEQ shall
provide the Committee with funding, including through the National Science and Technology Council
pursuant to title VII, section 723 of [division E of] the Consolidated Appropriations Act, 2018 (Public Law
115–141 [132 Stat. 592]), or any successor provision, or through the Office of Environmental Quality
pursuant to the Office of Environmental Quality Management Fund, 42 U.S.C. 4375. OSTP or CEQ shall, to
the extent permitted by law and subject to the availability of appropriations, provide administrative support as
needed to implement this order.
(iii) The Committee shall be administered by an Executive Director and such full-time staff as the
Co-Chairs recommend.
SEC. 5. Functions. To implement the policy set forth in section 2 of this order, the Committee shall, to the
extent permitted by law:
(a) provide advice regarding policies concerning ocean-related matters to:
(i) the President; and
(ii) the head of any agency who is a member of the Committee;
(b) engage and collaborate, under existing laws and regulations, with stakeholders, including regional ocean
partnerships, to address ocean-related matters that may require interagency or intergovernmental solutions;
(c) coordinate the timely public release of unclassified data and other information related to the ocean,
coasts, and Great Lakes that agencies collect, and support the common information management systems,
such as the Marine Cadastre, that organize and disseminate this information;
(d) coordinate and inform the ocean policy-making process and identify priority ocean research and
technology needs, to facilitate:
(i) the use of science in the establishment of policy; and
(ii) the collection, development, dissemination, and exchange of information between and among agencies
on ocean-related matters;
(e) coordinate and ensure Federal participation in projects conducted under the National Oceanographic
Partnership Program through the Committee's members, as appropriate, to maximize the effectiveness of
agency investments in ocean research; and
(f) obtain information and advice concerning ocean-related matters from:
(i) State, tribal, and local governments; and
(ii) private-sector entities and individuals.
SEC. 6. Cooperation. To the extent permitted by law, agencies shall cooperate with the Committee and
provide it such information as it, through the Co-Chairs, may request. The Committee shall base its decisions
on the consensus of its members. With respect to those matters for which consensus cannot be reached, the
Assistant to the President for National Security Affairs shall coordinate with the Co-Chairs to present the
disputed issue or issues for decision by the President. Within 90 days of the date of this order [June 19, 2018],
agencies shall review their regulations, guidance, and policies for consistency with this order, and shall
consult with CEQ, OSTP, and the Office of Management and Budget (OMB) regarding any modifications,
revisions, or rescissions of any regulations, guidance, or policies necessary to comply with this order.
SEC. 7. Revocation. Executive Order 13547 of July 19, 2010 (Stewardship of the Ocean, Our Coasts, and
the Great Lakes) [formerly set out above], is hereby revoked.
SEC. 8. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof;
(ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals; or
(iii) functions assigned by the President to the National Security Council or Homeland Security Council
(including subordinate bodies) relating to matters affecting foreign affairs, national security, homeland
security, or intelligence.
(b) This order shall be implemented consistent with applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
DONALD J. TRUMP.
§857–20. Repealed. Pub. L. 116–221, §10, Dec. 18, 2020, 134 Stat. 1061
Section, Pub. L. 107–299, §9, Nov. 26, 2002, 116 Stat. 2348, provided for coordination between the Under
Secretary of Commerce for Oceans and Atmosphere and the Director of the National Science Foundation to
jointly submit a report on the oceans and coastal research activities of the National Oceanic and Atmospheric
Administration and of the National Science Foundation.
§§857a, 858. Repealed. Pub. L. 107–372, title II, §271(2), (4), Dec. 19, 2002, 116
Stat. 3094
Section 857a, acts Aug. 10, 1956, ch. 1041, §3, 70A Stat. 619; Pub. L. 85–861, §3, Sept. 2, 1958, 72 Stat.
1546; Pub. L. 86–160, §2, Aug. 14, 1959, 73 Stat. 358; Pub. L. 87–233, §4, Sept. 14, 1961, 75 Stat. 507; Pub.
L. 87–649, §9(a), Sept. 7, 1962, 76 Stat. 495; Pub. L. 88–132, §5(k), Oct. 2, 1963, 77 Stat. 214; Pub. L.
88–431, §1(c)(1), Aug. 14, 1964, 78 Stat. 439; Pub. L. 89–538, §3(a), Aug. 14, 1966, 80 Stat. 348; Pub. L.
92–425, §5, Sept. 21, 1972, 86 Stat. 713; Pub. L. 96–215, §1, Mar. 25, 1980, 94 Stat. 123; Pub. L. 96–357, §4,
Sept. 24, 1980, 94 Stat. 1182; Pub. L. 96–513, title V, §507(f)(1), Dec. 12, 1980, 94 Stat. 2920; Pub. L.
98–94, title X, §1007(d), Sept. 24, 1983, 97 Stat. 662; Pub. L. 104–106, div. A, title V, §566(a), (b), Feb. 10,
1996, 110 Stat. 327; Pub. L. 105–85, div. A, title VI, §653(b), title X, §1073(f), Nov. 18, 1997, 111 Stat.
1804, 1906; Pub. L. 107–107, div. A, title VI, §653(b), Dec. 28, 2001, 115 Stat. 1153, related to applicability
of certain provisions of Title 10, Armed Forces. See section 3071 of this title.
Section 858, acts May 22, 1917, ch. 20, §16, 40 Stat. 88; July 26, 1947, ch. 343, title II, §205(a), 61 Stat.
501; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; Pub. L. 89–657, §1(2), Oct. 14,
1966, 80 Stat. 907; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, related to rules
and regulations when cooperating with military departments. See section 3063 of this title.
§859. Repealed. June 16, 1942, ch. 413, §19, 56 Stat. 369, eff. June 1, 1942
Section, act June 10, 1922, ch. 212, 42 Stat. 625–633, related to pay and allowances of commissioned
officers.
§861. Omitted
EDITORIAL NOTES
CODIFICATION
Section, acts Feb. 27, 1925, ch. 364, title III, 43 Stat. 1046; Apr. 29, 1926, ch. 195, title III, 44 Stat. 362,
related to expenses of officers of the Coast and Geodetic Survey when traveling on Government owned
vessels.
§861a. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641
Section, act May 18, 1920, ch. 190, §12, 41 Stat. 604, related to transportation for families of officers and
enlisted men on permanent change of station.
EDITORIAL NOTES
CODIFICATION
Section 861b, act Feb. 21, 1929, ch. 288, 45 Stat. 1254, defined the terms "child" and "children" as formerly
used in section 861a of this title, and has been omitted in view of the repeal of section 861a.
Section 861c, act June 24, 1935, ch. 291, §3, 49 Stat. 421, defined the phrase "permanent change in station"
as formerly used in section 861a of this title, and has been omitted in view of the repeal of section 861a.
§862a. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641
Section, acts Mar. 2, 1923, ch. 178, title I, 42 Stat. 1385; Aug. 4, 1949, ch. 393, §11, 63 Stat. 559,
prohibited the issuance of heat or light in kind to any person in the Coast and Geodetic Survey while such
person is receiving an allowance for rental of quarters.
§863. Repealed. June 21, 1955, ch. 172, §5(4), 69 Stat. 170
Section, acts Mar. 4, 1909, ch. 299, §1, 35 Stat. 974; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, related to
leaves of absence of officers of the Coast and Geodetic Survey on duty in the Philippine Islands.
§864. Repealed. Pub. L. 107–372, title II, §271(6), Dec. 19, 2002, 116 Stat. 3094
Section, act May 18, 1920, ch. 190, §11, 41 Stat. 603; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R.
8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, provided that
laws concerning retirement of commissioned Naval officers would apply to commissioned National Oceanic
and Atmospheric Administration officers.
§864a. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641
Section, act May 18, 1920, ch. 190, §§11 (proviso), 14, 41 Stat. 604, related to service credits in computing
longevity pay of officers of the Coast and Geodetic Survey.
§§864b, 864c. Repealed. June 3, 1948, ch. 390, §22(a), formerly §21(a), 62 Stat.
300; renumbered §22(a), Sept. 14, 1961, Pub. L. 87–233, §1(f), 75 Stat. 506
Section 864b, act Jan. 19, 1942, ch. 6, §5, 56 Stat. 7, related to retirement of officers. See, sections 1401 et
seq., 6321 et seq., and 6371 et seq. of Title 10, Armed Forces.
Section 864c, act Jan. 19, 1942, ch. 6, §7, 56 Stat. 8, related to pay of officers retired upon recommendation
of Personnel Board.
§864d. Repealed. Oct. 12, 1949, ch. 681, title V, §531(b)(31), 63 Stat. 839, eff. Oct.
1, 1949
Section, acts Jan. 19, 1942, ch. 6, §7, 56 Stat. 8; June 3, 1948, ch. 390, §22(b), formerly §21(b), 62 Stat.
300; renumbered §22(b), Sept. 14, 1961, Pub. L. 87–233, §1(f), 75 Stat. 506, related to rank or pay of officers
retired for duty incurred disability. See sections 1201 et seq., 1371 et seq., and 1401 et seq. of Title 10, Armed
Forces.
§864e. Repealed. Pub. L. 86–465, §1, May 13, 1960, 74 Stat. 130
Section, acts June 6, 1942, ch. 383, 56 Stat. 328; Aug. 4, 1949, ch. 393, §15, 63 Stat. 560; Oct. 12, 1949, ch.
681, title V, §522(b), 63 Stat. 836, provided that certain commissioned officers of the Coast and Geodetic
Survey who have been specially commended for performance of duty in actual combat prior to Dec. 31, 1946,
shall, upon retirement, be placed upon the retired list one grade higher than the grade in which they were
serving at the time of retirement.
§865. Omitted
EDITORIAL NOTES
CODIFICATION
Section, acts May 28, 1924, ch. 203, 43 Stat. 194; Feb. 11, 1925, ch. 209, 43 Stat. 872; May 21, 1926, ch.
355, 44 Stat. 604, related to computation of length of service of officers and expired with the appropriation
acts of which it was a part.
§868a. Omitted
EDITORIAL NOTES
CODIFICATION
Section, act Jan. 19, 1942, ch. 6, §10, 56 Stat. 8; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819,
79 Stat. 1318; Oct. 14, 1966, Pub. L. 89–657, §2, 80 Stat. 907; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090, related to the purchase of commissary and quartermaster supplies by personnel
from the National Oceanic and Atmospheric Administration, and has been superseded by former section
857–4 of this title and section 3074 of this title.
§869. Repealed. July 1, 1944, ch. 373, title XIII, §1313 58 Stat. 714
Section, act Apr. 26, 1939, ch. 92, §2, 53 Stat. 620, as affected by 1939 Reorg. Plan No. I, §§201, 205, eff.
July 1, 1939, 4 F.R. 2728, 53 Stat. 1424, provided for medical, dental, etc., treatment of Coast and Geodetic
Survey's personnel and their families. See section 253 of Title 42, The Public Health and Welfare.
§870. Repealed. Aug. 1, 1956, ch. 837, title V, §502(7), 70 Stat. 886
Section, acts Jan. 19, 1942, ch. 6, §9, 56 Stat. 8; Mar. 29, 1944, ch. 141, §4, 58 Stat. 130; July 15, 1954, ch.
507, §15, 68 Stat. 481, provided for payment of death gratuity to survivors of commissioned officers of Coast
and Geodetic Survey.
§871. Repealed. Dec. 28, 1945, ch. 597, §4, 59 Stat. 662
Section, act Oct. 27, 1943, ch. 287, §6, 57 Stat. 583, provided for reimbursement for property lost or
destroyed in service while serving with the Navy.
§872. Omitted
EDITORIAL NOTES
CODIFICATION
Section, Pub. L. 86–451, title I, §301, May 13, 1960, 74 Stat. 94, which prescribed the rate of extra
compensation for recorders, instrument observers and other Federal employees while making oceanographic
observations or tending seismographs, was from an appropriation act. See section 873 of this title, which
authorizes Secretary of Commerce to establish rates of compensation for such personnel.
§873. Extra compensation for instrument observers, recorders and other Federal
employees for oceanographic, seismographic and magnetic observations
The Secretary of Commerce is authorized to pay extra compensation to members of crews of
vessels when assigned duties as instrument observer or recorder, and to employees of other Federal
agencies while observing tides or currents, or tending seismographs or magnetographs, at such rates
as may be specified from time to time by him and without regard to section 5533 of title 5.
(July 22, 1947, ch. 286, §2, 61 Stat. 400; Pub. L. 86–397, §1, Mar. 28, 1960, 74 Stat. 11; Pub. L.
88–448, title IV, §401(l), Aug. 19, 1964, 78 Stat. 491.)
EDITORIAL NOTES
CODIFICATION
"Section 5533 of title 5" substituted in text for "section 301 of the Dual Compensation Act [5 U.S.C. 3105]"
on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5,
Government Organization and Employees.
AMENDMENTS
1964—Pub. L. 88–448 inserted "and without regard to section 301 of the Dual Compensation Act".
1960—Pub. L. 86–397 substituted "Secretary of Commerce" for "Coast and Geodetic Survey" and
"instrument observer or recorder" for "bombers or fathometer readers," inserted reference to employees
tending magnetographs, and authorized Secretary to establish rates of compensation.
§874. Repealed. Pub. L. 107–372, title II, §271(5), Dec. 19, 2002, 116 Stat. 3094
Section, act July 22, 1947, ch. 286, §1, 61 Stat. 400; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R.
8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, related to
transportation of deceased officers' effects and reimbursement for supplies furnished distressed and
shipwrecked persons. See section 3075 of this title.
EDITORIAL NOTES
AMENDMENTS
1960—Pub. L. 86–624 substituted "the States of the continental United States, excluding Alaska" for "the
several States".
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of
Commerce to be known as Environmental Science Services Administration, and commissioned officers of
Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set
out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all
functions of Coast and Geodetic Survey and Director of Survey. Subsequently, Environmental Science
Services Administration abolished, National Oceanic and Atmospheric Administration established, and
Commissioned Officer Corps of ESSA redesignated Commissioned Officer Corps of NOAA by Reorg. Plan
No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government
Organization and Employees. For further details, see note set out under section 851 of this title.
EDITORIAL NOTES
CODIFICATION
Section was a provision of the Sundry Civil Appropriation Act of July 1, 1918.
Section was formerly classified to section 550 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 877.
AMENDMENTS
1972—Pub. L. 92–310 struck out provisions which required chiefs of parties to give bonds.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Coast and Geodetic Survey consolidated with National Weather Bureau to form Environmental Science
Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318.
Environmental Science Services Administration abolished and its personnel, property, records, etc.,
transferred to National Oceanic and Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3,
1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate Administrator of National Oceanic and
Atmospheric Administration, 35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated National
Ocean Survey. For further details, see note set out under section 851 of this title.
EDITORIAL NOTES
CODIFICATION
Section was a provision of the Sundry Civil Appropriation Act of Mar. 3, 1901.
Upon incorporation into the Code, the words "Secretary of Commerce" were substituted for "Secretary of
the Treasury" to conform to act Feb. 14, 1903.
Section was formerly classified to section 661 of Title 31 prior to the general revision and enactment of
Title 31, Money and Finance, by Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 877.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Coast and Geodetic Survey consolidated with National Weather Bureau to form Environmental Science
Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318.
Environmental Science Services Administration abolished and its personnel, property, records, etc.,
transferred to National Oceanic and Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3,
1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate Administrator of National Oceanic and
Atmospheric Administration, 35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated National
Ocean Survey. For further details, see note set out under section 851 of this title.
(3) the term "satellite" means the satellites proposed to be acquired for the National Oceanic and
Atmospheric Administration (NOAA);
(4) the term "development" means the phase of a program following the formulation phase and
beginning with the approval to proceed to implementation, as defined in NOAA Administrative
Order 216–108, Department of Commerce Administrative Order 208–3, and NASA's Procedural
Requirements 7120.5c, dated March 22, 2005;
(5) the term "development cost" means the total of all costs, including construction of facilities
and civil servant costs, from the period beginning with the approval to proceed to implementation
through the achievement of operational readiness, without regard to funding source or
management control, for the life of the program;
(6) the term "life-cycle cost" means the total of the direct, indirect, recurring, and nonrecurring
costs, including the construction of facilities and civil servant costs, and other related expenses
incurred or estimated to be incurred in the design, development, verification, production,
operation, maintenance, support, and retirement of a program over its planned lifespan, without
regard to funding source or management control;
(7) the term "major program" means an activity approved to proceed to implementation that has
an estimated life-cycle cost of more than $250,000,000; and
(8) the term "baseline" means the program as set following contract award and preliminary
design review of the space and ground systems.
(b) Contract requirements for major programs
(1) NOAA shall not enter into a contract for development of a major program, unless the Under
Secretary determines that—
(A) the technical, cost, and schedule risks of the program are clearly identified and the program
has developed a plan to manage those risks;
(B) the technologies required for the program have been demonstrated in a relevant laboratory
or test environment;
(C) the program complies with all relevant policies, regulations, and directives of NOAA and
the Department of Commerce;
(D) the program has demonstrated a high likelihood of accomplishing its intended goals; and
(E) the acquisition of satellites for use in the program represents a good value to accomplishing
NOAA's mission.
(2) The Under Secretary shall transmit a report describing the basis for the determination required
under paragraph (1) to the appropriate congressional committees at least 30 days before entering into
a contract for development under a major program.
(3) The Under Secretary may not delegate the determination requirement under this subsection,
except in cases in which the Under Secretary has a conflict of interest.
(c) Reports
(1) Annually, at the same time as the President's annual budget submission to the Congress, the
Under Secretary shall transmit to the appropriate congressional committees a report that includes the
information required by this section for the satellite development program for which NOAA
proposes to expend funds in the subsequent fiscal year. The report under this paragraph shall be
known as the Major Program Annual Report.
(2) The first Major Program Annual Report for NOAA's satellite development program shall
include a Baseline Report that shall, at a minimum, include—
(A) the purposes of the program and key technical characteristics necessary to fulfill those
purposes;
(B) an estimate of the life-cycle cost for the program, with a detailed breakout of the
development cost, program reserves, and an estimate of the annual costs until development is
completed;
(C) the schedule for development, including key program milestones;
(D) the plan for mitigating technical, cost, and schedule risks identified in accordance with
subsection (b)(1)(A); and
(E) the name of the person responsible for making notifications under subsection (d), who shall
be an individual whose primary responsibility is overseeing the program.
(3) For the major program for which a Baseline Report has been submitted, subsequent Major
Program Annual Reports shall describe any changes to the information that had been provided in the
Baseline Report, and the reasons for those changes.
(d) Notification to Under Secretary of excess development costs
(1) The individual identified under subsection (c)(2)(E) shall immediately notify the Under
Secretary any time that individual has reasonable cause to believe that, for the major program for
which he or she is responsible, the development cost of the program has exceeded the estimate
provided in the Baseline Report of the program by 20 percent or more.
(2) Not later than 30 days after the notification required under paragraph (1), the individual
identified under subsection (c)(2)(E) shall transmit to the Under Secretary a written notification
explaining the reasons for the change in the cost of the program for which notification was provided
under paragraph (1).
(3) Not later than 15 days after the Under Secretary receives a written notification under paragraph
(2), the Under Secretary shall transmit the notification to the appropriate congressional committees.
(e) Determination by Under Secretary of excess development costs
Not later than 30 days after receiving a written notification under subsection (d)(2), the Under
Secretary shall determine whether the development cost of the program has exceeded the estimate
provided in the Baseline Report of the program by 20 percent or more. If the determination is
affirmative, the Under Secretary shall—
(1) transmit to the appropriate congressional committees, not later than 15 days after making the
determination, a report that includes—
(A) a description of the increase in cost and a detailed explanation for the increase;
(B) a description of actions taken or proposed to be taken in response to the cost increase; and
(C) a description of any impacts the cost increase, or the actions described under
subparagraph (B), will have on any other program within NOAA; and
(2) if the Under Secretary intends to continue with the program, promptly initiate an analysis of
the program, which shall include, at a minimum—
(A) the projected cost and schedule for completing the program if current requirements of the
program are not modified;
(B) the projected cost and the schedule for completing the program after instituting the
actions described under paragraph (1)(B); and
(C) a description of, and the projected cost and schedule for, a broad range of alternatives to
the program.
(f) Completion and transmittal of analysis
NOAA shall complete an analysis initiated under subsection (e)(2) not later than 6 months after
the Under Secretary makes a determination under subsection (e). The Under Secretary shall transmit
the analysis to the appropriate congressional committees not later than 30 days after its completion.
(Pub. L. 112–55, div. B, title I, §105, Nov. 18, 2011, 125 Stat. 599; Pub. L. 113–6, div. B, title I,
§105(a), Mar. 26, 2013, 127 Stat. 242.)
EDITORIAL NOTES
CODIFICATION
Section is from the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012, which is
division B of the Consolidated and Further Continuing Appropriations Act, 2012.
PRIOR PROVISIONS
Provisions similar to those in this section were contained in the following prior appropriation act:
Pub. L. 110–161, div. B, title I, §112, Dec. 26, 2007, 121 Stat. 1894.
AMENDMENTS
2013—Subsec. (f). Pub. L. 113–6 substituted "subsection (e)(2)" for "paragraph (2)" and "subsection (e)"
for "this subsection".
§878b. Safety and health regulations for scientific and occupational diving
On and after March 11, 2009, the Secretary of Commerce is permitted to prescribe and enforce
standards or regulations affecting safety and health in the context of scientific and occupational
diving within the National Oceanic and Atmospheric Administration.
(Pub. L. 111–8, div. B, title I, §106, Mar. 11, 2009, 123 Stat. 568.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Department of Commerce Appropriations Act, 2009, which is title I of
the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2009, which is div. B of the
Omnibus Appropriations Act, 2009.
SIMILAR PROVISIONS
Provisions similar to those in this section were contained in the following prior appropriation act:
Pub. L. 110–161, div. B, title I, §110, Dec. 26, 2007, 121 Stat. 1893.
SUBCHAPTER II—SURVEYS
§§881 to 883. Repealed. Aug. 6, 1947, ch. 504, §10(2)–(5), 61 Stat. 788
Section 881, R.S. §4681, related to authority of the President to order surveys of coasts of the United States.
See section 883a of this title.
Section 882, R.S. §4682, related to additional authority to order surveys beyond twenty-league limit. See
section 883a of this title.
Section 883, R.S. §§4683, 4684, related to mode of conducting surveys generally. See sections 883a and
883b of this title.
EDITORIAL NOTES
AMENDMENTS
1960—Pub. L. 86–409 struck out provisions which restricted the Coast and Geodetic Survey in the conduct
of its specified activities to the United States, its Territories and possessions, and which restricted
hydrographic and topographic surveys to surveys of coastal water and land areas (including offlying islands,
banks, shoals, and other offshore areas), and to surveys of lakes, rivers, reservoirs, and other inland waters not
otherwise provided for by statute.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Office of Director of Coast and Geodetic Survey abolished and Coast and Geodetic Survey consolidated
with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental
Science Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat.
1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of
Commerce all functions of Coast and Geodetic Survey and Director. For further details, see note set out under
section 851 of this title.
§883b. Dissemination of data; further activities
In order that full public benefit may be derived from the operations of the National Ocean Survey
by the dissemination of data resulting from the activities herein authorized and of related data from
other sources, the Secretary of Commerce is authorized to conduct the following activities:
(1) Analysis and prediction of tide and current data;
(2) Processing and publication of data, information, compilations, and reports;
(3) Compilation and printing of nautical charts;
(4) Distribution of nautical charts and related navigational publications.
(Aug. 6, 1947, ch. 504, §2, 61 Stat. 787; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79
Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 106–181,
title VI, §605(a), Apr. 5, 2000, 114 Stat. 154.)
EDITORIAL NOTES
AMENDMENTS
2000—Par. (3). Pub. L. 106–181, §605(a)(1), (2), redesignated par. (4) as (3), substituted "charts;" for
"charts of the United States, its Territories, and possessions;" and struck out former par. (3) which read as
follows: "Compilation and printing of aeronautical charts of the United States, its Territories, and possessions;
and, in addition, the compilation and printing of such aeronautical charts covering international airways as are
required primarily by United States Civil aviation;".
Par. (4). Pub. L. 106–181, §605(a)(1), (3), redesignated par. (6) as (4) and substituted "publications" for
"publications for the United States, its Territories, and possessions". Former par. (4) redesignated (3).
Par. (5). Pub. L. 106–181, §605(a)(1), struck out par. (5) which read as follows: "Distribution of
aeronautical charts and related navigational publications required by United States civil aviation;".
Par. (6). Pub. L. 106–181, §605(a)(1), redesignated par. (6) as (4).
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Office of Director of Coast and Geodetic Survey abolished and Coast and Geodetic Survey consolidated
with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental
Science Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat.
1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of
Commerce all functions of Coast and Geodetic Survey and Director. Subsequently, Environmental Science
Services Administration abolished and National Oceanic and Atmospheric Administration established by
Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5,
Government Organization and Employees. By Department Organization Order 25–5A, Secretary delegated to
NOAA his functions under this chapter of the Code. By order of Acting Associate Administrator of NOAA,
organizational name of Coast and Geodetic Survey changed to National Ocean Survey. For further details, see
note set out under section 851 of this title.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Office of Director of Coast and Geodetic Survey abolished and Coast and Geodetic Survey consolidated
with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental
Science Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat.
1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of
Commerce all functions of Coast and Geodetic Survey and Director. Subsequently, Environmental Science
Services Administration abolished and National Oceanic and Atmospheric Administration established by
Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5,
Government Organization and Employees. By Department Organization Order 25–5A, Secretary delegated to
NOAA his functions under this chapter of the Code. By order of Acting Associate Administrator of NOAA,
organizational name of Coast and Geodetic Survey changed to National Ocean Survey. For further details, see
note set out under section 851 of this title.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Office of Director of Coast and Geodetic Survey abolished and Coast and Geodetic Survey consolidated
with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental
Science Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat.
1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of
Commerce all functions of Coast and Geodetic Survey and Director. Subsequently, Environmental Science
Services Administration abolished and National Oceanic and Atmospheric Administration established by
Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5,
Government Organization and Employees. By Department Organization Order 25–5A, Secretary delegated to
NOAA his functions under this chapter of the Code. By order of Acting Associate Administrator of NOAA,
organizational name of Coast and Geodetic Survey changed to National Ocean Survey. For further details, see
note set out under section 851 of this title.
EDITORIAL NOTES
AMENDMENTS
2000—Par. (1). Pub. L. 106–181, §605(b)(1), substituted "cooperative agreements, or any other
agreements," for "cooperative agreements".
Par. (2). Pub. L. 106–181, §605(b)(2), which directed the striking of "cooperative", was executed by
striking "cooperative" before "agreement" in two places, to reflect the probable intent of Congress.
1986—Pub. L. 99–272 designated existing provisions as par. (1), inserted "any Federal agency," after "or
subdivision thereof," and added par. (2).
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Office of Director of Coast and Geodetic Survey abolished and Coast and Geodetic Survey consolidated
with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental
Science Services Administration, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat.
1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of
Commerce all functions of Coast and Geodetic Survey and Director. For further details, see note set out under
section 851 of this title.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Office of Director of Coast and Geodetic Survey abolished and Coast and Geodetic Survey consolidated
with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental
Science Services Administration, by Reorg. Plan No. 2, of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat.
1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of
Commerce all functions of Coast and Geodetic Survey and Director. Subsequently, Environmental Science
Services Administration abolished and National Oceanic and Atmospheric Administration established by
Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5,
Government Organization and Employees. By Department Organization Order 25–5A, Secretary delegated to
NOAA his functions under this chapter of the Code. By order of Acting Associate Administrator of NOAA,
organizational name of Coast and Geodetic Survey changed to National Ocean Survey. For further details, see
note set out under section 851 of this title.
EXECUTIVE DOCUMENTS
DELEGATION OF FUNCTIONS
Functions of President under this section delegated to Secretary of Commerce, see section 1(l) of Ex. Ord.
No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The
President.
EDITORIAL NOTES
REFERENCES IN TEXT
Herein, referred to in text, means act Aug. 6, 1947, ch. 504, 61 Stat. 787, as amended, which is classified
generally to this subchapter (§883a et seq.). For complete classification of this Act to the Code, see Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
This subtitle, referred to in text, is subtitle H (§§6081–6085) of title VI of Pub. L. 99–272, Apr. 7, 1986,
100 Stat. 135, which enacted this section and section 1530 of Title 15, Commerce and Trade, amended section
883e of this title and sections 330e, 2903 and 2904 of Title 15, and repealed section 2905 of Title 15. For
complete classification of this subtitle to the Code, see Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
Funds appropriated under this heading, referred to in text, refers to funds appropriated under the headings "
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION" and "OPERATIONS, RESEARCH,
AND FACILITIES" of title I, "Department of Commerce", of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 1990, Pub. L. 101–162.
EDITORIAL NOTES
REFERENCES IN TEXT
The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch.
288, 63 Stat. 377. Title IX of the Act, which was classified generally to subchapter VI (§541 et seq.) of
chapter 10 of former Title 40, Public Buildings, Property, and Works, was repealed and reenacted by Pub. L.
107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapter 11 (§1101 et seq.) of Title 40, Public
Buildings, Property, and Works. For disposition of sections of former Title 40 to revised Title 40, see Table
preceding section 101 of Title 40. For complete classification of this Act to the Code, see Tables.
PRIOR PROVISIONS
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 107–77, title II, § 206, Nov. 28, 2001, 115 Stat. 778.
Pub. L. 106–553, §1(a)(2) [title II, §207], Dec. 21, 2000, 114 Stat. 2762, 2762A–79.
Pub. L. 106–113, div. B, §1000(a)(1) [title II, §208], Nov. 29, 1999, 113 Stat. 1535, 1501A–32.
Pub. L. 105–277, div. A, §101(b) [title II, §208], Oct. 21, 1998, 112 Stat. 2681–50, 2681–87.
Pub. L. 105–119, title II, §208, Nov. 26, 1997, 111 Stat. 2480.
Pub. L. 104–208, div. A, title I, §101(a) [title II, §209], Sept. 30, 1996, 110 Stat. 3009, 3009–41.
Pub. L. 104–134, title I, §101(a) [title II, §212], Apr. 26, 1996, 110 Stat. 1321, 1321–32.
EDITORIAL NOTES
REFERENCES IN TEXT
Title 56 of the Revised Statutes, referred to in text, was in the original "this Title", meaning title 56 of the
Revised Statutes, consisting of R.S. §§4681 to 4691 of the Revised Statutes, which are classified to sections
881 to 883 and 884 to 888 of this title. For complete classification of R.S. §§4681 to 4691 to the Code, see
Tables.
CODIFICATION
Section was not enacted as part of act Aug. 6, 1947, ch. 504, 61 Stat. 787, which comprises this subchapter.
R.S. §4685 derived from act July 10, 1832, ch. 191, §2, 4 Stat. 571.
§§886, 887. Repealed. June 21, 1955, ch. 172, §5(1), (2), 69 Stat. 170
Section 886, R.S. §4687, related to employment of officers of Army and Navy in the work of surveying the
coast of the United States.
Section 887, R.S. §4688; acts Aug. 30, 1890, ch. 837, §1, 26 Stat. 382; June 5, 1920, ch. 235, §1, 41 Stat.
929, provided for allowance for subsistence to officers of Army and Navy while employed on coast survey
service.
§888. Omitted
EDITORIAL NOTES
CODIFICATION
Section, R.S. §§264, 4690; acts Feb. 14, 1903, ch. 552, §§4, 10, 32 Stat. 826, 829; Mar. 4, 1913, ch. 141,
§1, 37 Stat. 736; June 5, 1920, ch. 235, §1, 41 Stat. 929, relating to an annual statement on coast surveys by
the Coast and Geodetic Survey [now the National Ocean Survey], was partially repealed by acts May 29,
1928, ch. 901, §1(104), 45 Stat. 994; Aug. 7, 1946, ch. 770, §1(5), 60 Stat. 866; and Aug. 30, 1954, ch. 1076,
§1(13), 68 Stat. 967.
§§889, 890. Repealed. June 21, 1955, ch. 172, §5(5), 69 Stat. 170
Section 889, acts Mar. 4, 1909, ch. 313, §1, 35 Stat. 1064; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736,
authorized cooperation with North Carolina State Fish Commission in survey of waters of State.
Section 890, acts Mar. 4, 1909, ch. 313, §2, 35 Stat. 1065; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, provided
for marking triangulation points of North Carolina survey.
§891. Definitions
In this subchapter, the term—
(1) "NOAA" means the National Oceanic and Atmospheric Administration within the
Department of Commerce.
(2) "NOAA fleet" means the fleet of research vessels owned or operated by NOAA.
(3) "Plan" means the NOAA Fleet Replacement and Modernization Plan described in section
891b of this title.
(4) "Secretary" means the Secretary of Commerce.
(5) "UNOLS" means University-National Oceanographic Laboratory System.
(Pub. L. 102–567, title VI, §602, Oct. 29, 1992, 106 Stat. 4299.)
EDITORIAL NOTES
REFERENCES IN TEXT
This subchapter, referred to in text, was in the original "this Act", and was translated as reading "this title",
meaning title VI of Pub. L. 102–567, which enacted this subchapter, to reflect the probable intent of Congress.
EDITORIAL NOTES
CODIFICATION
In subsec. (a)(1), "subsections (a) and (b) of section 6301 of title 41" substituted for "section 3732 of the
Revised Statutes of the United States (41 U.S.C. 11)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011,
124 Stat. 3854, which Act enacted Title 41, Public Contracts.
(3) Direct official support for investment in the commercial shipbuilding and repair industry, or
to a related entity that favors the operation of shipbuilding and repair, including but not limited to
the kinds of support listed in paragraph (2)(A) through (E), and any restructuring support, except
public support for social purposes directly and effectively linked to shipyard closures.
(4) Assistance in the form of grants, preferential loans, preferential tax treatment, or otherwise,
that benefits or is directly related to shipbuilding and repair for purposes of research and
development that is not equally open to domestic and foreign enterprises.
(5) Tax policies and practices that favor the shipbuilding and repair industry, directly or
indirectly, such as tax credits, deductions, exemptions, and preferences, including accelerated
depreciation, if such benefits are not generally available to persons or firms not engaged in
shipbuilding or repair.
(6) Any official regulation or practice that authorizes or encourages persons or firms engaged in
shipbuilding or repair to enter into anticompetitive arrangements.
(7) Any indirect support directly related, in law or in fact, to shipbuilding and repair at national
yards, including any public assistance favoring shipowners with an indirect effect on shipbuilding
or repair activities, and any assistance provided to suppliers of significant inputs to shipbuilding,
which results in benefits to domestic shipbuilders.
(8) Any export subsidy identified in the Illustrative List of Export Subsidies in the Annex to the
Agreement on Subsidies and Countervailing Measures referred to in section 3511(d)(12) of title
19, or any other export subsidy prohibited by that agreement.
(Pub. L. 102–567, title VI, §607, Oct. 29, 1992, 106 Stat. 4302; Pub. L. 106–36, title I, §1002(f),
June 25, 1999, 113 Stat. 133.)
EDITORIAL NOTES
AMENDMENTS
1999—Subsec. (b)(8). Pub. L. 106–36 substituted "Agreement on Subsidies and Countervailing Measures
referred to in section 3511(d)(12) of title 19, or any other export subsidy prohibited by that agreement" for
"Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the General Agreement on
Tariffs and Trade or any other export subsidy that may be prohibited as a result of the Uruguay Round of trade
negotiations."
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in text, is div. B of Pub. L. 110–161, Dec. 26, 2007, 121 Stat. 1884, known as the
Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008. For complete classification of
this Act to the Code, see Tables.
CODIFICATION
Section was enacted as part of the Commerce, Justice, Science, and Related Agencies Appropriations Act,
2008, and also as part of the Consolidated Appropriations Act, 2008, and not as part of the NOAA Fleet
Modernization Act which comprises this subchapter.
§891g. Interoperability
The Secretary shall consult with the Oceanographer of the Navy regarding appropriate measures
that should be taken, on a reimbursable basis, to ensure that NOAA vessels are interoperable with
vessels of the Department of the Navy, including with respect to operation, maintenance, and repair
of those vessels.
(Pub. L. 102–567, title VI, §609, Oct. 29, 1992, 106 Stat. 4303.)
§892. Definitions
In this subchapter:
(1) Administrator
The term "Administrator" means the Administrator of the National Oceanic and Atmospheric
Administration.
(2) Administration
The term "Administration" means the National Oceanic and Atmospheric Administration.
(3) Hydrographic data
The term "hydrographic data" means information that—
(A) is acquired through—
(i) hydrographic, bathymetric, photogrammetric, lidar, radar, remote sensing, or shoreline
and other ocean- and coastal-related surveying;
(ii) geodetic, geospatial, or geomagnetic measurements;
(iii) tide, water level, and current observations; or
(iv) other methods; and
EDITORIAL NOTES
REFERENCES IN TEXT
This subchapter, referred to in text, was in the original "this title", meaning title III of Pub. L. 105–384,
Nov. 13, 1998, 112 Stat. 3454, which is classified principally to this subchapter. For complete classification of
this title to the Code, see Short Title of 1998 Amendment note set out under section 851 of this title and
Tables.
Act of August 6, 1947, referred to in par. (5), is act Aug. 6, 1947, ch. 504, 61 Stat. 787, as amended, which
is classified generally to subchapter II of this chapter. For complete classification of this Act to the Code, see
Tables.
AMENDMENTS
2008—Pars. (3) to (5). Pub. L. 110–386, which directed the amendment of section "303 of the
Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892)" by adding pars. (3) to (5) and striking out
former pars. (3) to (5), was executed to this section, which is section 302 of the Hydrographic Services
Improvement Act of 1998, to reflect the probable intent of Congress. Prior to amendment, pars. (3) to (5)
defined the terms "hydrographic data", "hydrographic services", and "Act of 1947", respectively.
2002—Par. (3). Pub. L. 107–372, §102(1), inserted ", geospatial, or geomagnetic" after "geodetic".
Par. (4). Pub. L. 107–372, §102(2), inserted "geospatial, geomagnetic," after "geodetic,".
EDITORIAL NOTES
REFERENCES IN TEXT
This subchapter, referred to in subsecs. (a) and (b), was in the original "this Act", and was translated, to
reflect the probable intent of Congress, as reading "this title", meaning title III of Pub. L. 105–384, Nov. 13,
1998, 112 Stat. 3454, known as the Hydrographic Services Improvement Act of 1998, which is classified
principally to this subchapter. For complete classification of title III to the Code, see Short Title of 1998
Amendment note set out under section 851 of this title and Tables.
Subchapter VI of chapter 10 of title 40, referred to in subsec. (b)(6), probably means title IX of the Federal
Property and Administrative Services Act of 1949, act June 30, 1949, ch. 288, as added Pub. L. 92–582, Oct.
27, 1972, 86 Stat. 1278. Title IX of the Act, which was classified generally to subchapter VI (§541 et seq.) of
chapter 10 of former Title 40, Public Buildings, Property, and Works, was repealed and reenacted by Pub. L.
107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapter 11 (§1101 et seq.) of Title 40, Public
Buildings, Property, and Works. For disposition of sections of former Title 40 to revised Title 40, see Table
preceding section 101 of Title 40. For complete classification of act June 30, 1949, to the Code, see Tables.
AMENDMENTS
2008—Subsec. (a). Pub. L. 110–386, §3(1), substituted "the Coast and Geodetic Survey Act, promote safe,
efficient and environmentally sound marine transportation, and otherwise fulfill the purposes of this
subchapter," for "the Act of 1947," in introductory provisions.
Subsec. (a)(1). Pub. L. 110–386, §3(2), substituted "data and provide hydrographic services;" for "data;".
Subsec. (b). Pub. L. 110–386, §3(3), added subsec. (b) and struck out former subsec. (b) which related to
actions of Administrator to fulfill data gathering and dissemination duties of the Administration under the Act
of 1947.
2002—Subsec. (b)(4). Pub. L. 107–372, §103(a), amended par. (4) generally. Prior to amendment, par. (4)
read as follows: "may design and install where appropriate Physical Oceanographic Real-Time Systems to
enhance navigation safety and efficiency."
Subsec. (c). Pub. L. 107–372, §103(b), added subsec. (c).
EDITORIAL NOTES
AMENDMENTS
2002—Subsec. (b)(1). Pub. L. 107–372 reenacted heading without change and amended text generally.
Prior to amendment, text read as follows: "The Administrator may—
"(A) develop and implement a quality assurance program that is equally available to all applicants,
under which the Administrator may certify hydrographic products that satisfy the standards promulgated by
the Administrator under section 892a(a)(3) of this title;
"(B) authorize the use of the emblem or any trademark of the Administration on a hydrographic
product certified under subparagraph (A); and
"(C) charge a fee for such certification and use."
EDITORIAL NOTES
REFERENCES IN TEXT
This subchapter, referred to in subsec. (c)(1)(C), was in the original "this Act", and was translated, to reflect
the probable intent of Congress, as reading "this title", meaning title III of Pub. L. 105–384, Nov. 13, 1998,
112 Stat. 3454, known as the Hydrographic Services Improvement Act of 1998, which is classified principally
to this subchapter. For complete classification of title III to the Code, see Short Title of 1998 Amendment note
set out under section 851 of this title and Tables.
AMENDMENTS
2008—Subsec. (c)(1)(A). Pub. L. 110–386 amended subpar. (A) generally. Prior to amendment, subpar. (A)
read as follows: "The panel shall consist of 15 voting members who shall be appointed by the Administrator.
The Director of the Joint Hydrographic Institute and no more than 2 employees of the National Oceanic and
Atmospheric Administration appointed by the Administrator shall serve as nonvoting members of the panel.
The voting members of the panel shall be individuals who, by reason of knowledge, experience, or training,
are especially qualified in one or more of the disciplines and fields relating to hydrographic surveying, tide,
current geodetic and geospatial measurement, marine transportation, port administration, vessel pilotage, and
coastal and fishery management."
2002—Pub. L. 107–372 amended section generally, substituting provisions establishing Hydrographic
Services Review Panel for provisions requiring report, not later than 6 months after November 13, 1998, on a
plan to ensure maintenance of Federal competence and expertise in hydrographic surveying.
1998—Pub. L. 105–383, which directed the amendment of this section by striking out subsecs. (a) and (d),
was executed by striking out subsec. (a), because no subsec. (d) has been enacted. Prior to amendment,
subsec. (a) read as follows:
"(a) PORTS.—Not later than 6 months after November 13, 1998, the Administrator and the Commandant
of the Coast Guard shall report to the Congress on—
"(1) the status of implementation of real-time tide and current data systems in United States ports;
"(2) existing safety and efficiency needs in United States ports that could be met by increased use of
those systems; and
"(3) a plan for expanding those systems to meet those needs, including an estimate of the cost of
implementing those systems in priority locations."
(2) $2,000,000 is authorized for use to acquire hydrographic data and provide hydrographic
services in the Arctic necessary to delineate the United States extended Continental Shelf.
(c) Limitation on administrative expenses for surveys
Of amounts authorized by this section for each fiscal year for contract hydrographic surveys, not
more than 5 percent is authorized for administrative costs associated with contract management.
(Pub. L. 105–384, title III, §306, Nov. 13, 1998, 112 Stat. 3457; Pub. L. 105–383, title IV, §432(b),
Nov. 13, 1998, 112 Stat. 3445; Pub. L. 107–372, title I, §106, Dec. 19, 2002, 116 Stat. 3081; Pub. L.
110–386, §5, Oct. 10, 2008, 122 Stat. 4108; Pub. L. 115–282, title X, §1001, Dec. 4, 2018, 132 Stat.
4364.)
EDITORIAL NOTES
REFERENCES IN TEXT
This subchapter, referred to in subsec. (a)(4), (5), was in the original "this title", meaning title III of Pub. L.
105–384, Nov. 13, 1998, 112 Stat. 3454, which is classified principally to this subchapter. For complete
classification of this title to the Code, see Short Title of 1998 Amendment note set out under section 851 of
this title and Tables.
AMENDMENTS
2018—Subsec. (a). Pub. L. 115–282, §1001(a)(1), designated existing provisions as subsec. (a) and inserted
heading.
Subsec. (a)(1). Pub. L. 115–282, §1001(a)(2)(A), substituted "surveys, $70,814,000 for each of fiscal years
2019 through 2023." for "surveys—
"(A) $55,000,000 for fiscal year 2009;
"(B) $56,000,000 for fiscal year 2010;
"(C) $57,000,000 for fiscal year 2011; and
"(D) $58,000,000 for fiscal year 2012."
Subsec. (a)(2). Pub. L. 115–282, §1001(a)(2)(B), substituted "vessels, $25,000,000 for each of fiscal years
2019 through 2023." for "vessels—
"(A) $32,130,000 for fiscal year 2009;
"(B) $32,760,000 for fiscal year 2010;
"(C) $33,390,000 for fiscal year 2011; and
"(D) $34,020,000 for fiscal year 2012."
Subsec. (a)(3). Pub. L. 115–282, §1001(a)(2)(C), substituted "Administration, $29,932,000 for each of
fiscal years 2019 through 2023." for "Administration—
"(A) $25,900,000 for fiscal year 2009;
"(B) $26,400,000 for fiscal year 2010;
"(C) $26,900,000 for fiscal year 2011; and
"(D) $27,400,000 for fiscal year 2012."
Subsec. (a)(4). Pub. L. 115–282, §1001(a)(2)(D), substituted "subchapter, $26,800,000 for each of fiscal
years 2019 through 2023." for "subchapter—
"(A) $32,640,000 for fiscal year 2009;
"(B) $33,280,000 for fiscal year 2010;
"(C) $33,920,000 for fiscal year 2011; and
"(D) $34,560,000 for fiscal year 2012."
Subsec. (a)(5). Pub. L. 115–282, §1001(a)(2)(E), substituted "subchapter, $30,564,000 for each of fiscal
years 2019 through 2023." for "subchapter—
"(A) $27,000,000 for fiscal year 2009;
"(B) $27,500,000 for fiscal year 2010;
"(C) $28,000,000 for fiscal year 2011; and
"(D) $28,500,000 for fiscal year 2012."
Subsec. (b). Pub. L. 115–282, §1001(a)(3), added subsec. (b).
Subsec. (c). Pub. L. 115–282, §1001(b), added subsec. (c).
2008—Pub. L. 110–386 amended section generally. Prior to amendment, section authorized appropriations
for fiscal years 2003 through 2007.
2002—Pub. L. 107–372 reenacted section catchline without change and amended text generally. Prior to
amendment, text read as follows: "There is authorized to be appropriated to the Administrator the following:
"(1) To carry out nautical mapping and charting functions under the Act of 1947 and sections 892a and
892b of this title, except for conducting hydrographic surveys, $33,000,000 for fiscal year 1999,
$34,000,000 for fiscal year 2000, and $35,000,000 for fiscal year 2001.
"(2) To conduct hydrographic surveys under section 892a(a)(1) of this title, including the leasing of
ships, $33,000,000 for fiscal year 1999, $35,000,000 for fiscal year 2000, and $37,000,000 for fiscal year
2001. Of these amounts, no more than $16,000,000 is authorized for any one fiscal year to operate
hydrographic survey vessels owned and operated by the Administration.
"(3) To carry out geodetic functions under the Act of 1947, $25,000,000 for fiscal year 1999,
$30,000,000 for fiscal year 2000, and $30,000,000 for fiscal year 2001.
"(4) To carry out tide and current measurement functions under the Act of 1947, $22,500,000 for each
of fiscal years 1999 through 2001. Of these amounts $4,500,000 is authorized for each fiscal year to
implement and operate a national quality control system for real-time tide and current and maintain the
national tide network, and $7,000,000 is authorized for each fiscal year to design and install real-time tide
and current data measurement systems under section 892a(b)(4) of this title."
1998—Pub. L. 105–383 amended section generally, substituting present provisions for substantially
identical provisions.
EDITORIAL NOTES
AMENDMENTS
2011—Pub. L. 111–358 designated existing provisions as subsec. (a), inserted heading, and added subsecs.
(b) and (c).
(5) create and support opportunities for enhanced and ongoing professional development for
teachers using best practices that improves the STEM content and knowledge of the teachers,
including through programs linking STEM teachers with STEM educators at the higher education
level.
(c) NOAA science education plan
The Administrator, appropriate National Oceanic and Atmospheric Administration programs,
ocean atmospheric science and education experts, and interested members of the public shall
maintain a science education plan setting forth education goals and strategies for the Administration,
as well as programmatic actions to carry out such goals and priorities over the next 20 years, and
evaluate and update such plan every 5 years.
(d) Metrics
In executing the National Oceanic and Atmospheric Administration science education plan under
subsection (c), the Administrator shall maintain a comprehensive system for evaluating the
Administration's educational programs and activities. In so doing, the Administrator shall ensure that
such education programs have measurable objectives and milestones as well as clear, documented
metrics for evaluating programs. For each such education program or portfolio of similar programs,
the Administrator shall—
(1) encourage the collection of evidence as relevant to the measurable objectives and
milestones; and
(2) ensure that program or portfolio evaluations focus on educational outcomes and not just
inputs, activities completed, or the number of participants.
(e) Construction
Nothing in this section may be construed to affect the application of section 1232a of title 20 or
sections 794 and 794d of title 29.
(f) STEM defined
In this section, the term "STEM" means the academic and professional disciplines of science,
technology, engineering, and mathematics.
(Pub. L. 110–69, title IV, §4002, Aug. 9, 2007, 121 Stat. 600; Pub. L. 111–358, title III, §302, Jan. 4,
2011, 124 Stat. 3997; Pub. L. 114–329, title III, §314, Jan. 6, 2017, 130 Stat. 3015.)
EDITORIAL NOTES
AMENDMENTS
2017—Subsec. (a). Pub. L. 114–329, §314(a), substituted "the agency, with consideration given to the goal
of promoting the participation of individuals identified in sections 1885a and 1885b of title 42" for "agency,
with consideration given to the goal of promoting the participation of individuals from underrepresented
groups".
Subsec. (b)(4)(C) to (E). Pub. L. 114–329, §314(b), added subpars. (C) and (E) and redesignated former
subpar. (C) as (D).
Subsecs. (d) to (f). Pub. L. 114–329, §314(c), added subsec. (d) and redesignated former subsecs. (d) and
(e) as (e) and (f), respectively.
2011—Subsec. (a). Pub. L. 111–358, §302(1), substituted "agency, with consideration given to the goal of
promoting the participation of individuals from underrepresented groups in STEM fields and in promoting the
acquisition and retention of highly qualified and motivated young scientists to complement and supplement
workforce needs." for "the agency."
Subsec. (b). Pub. L. 111–358, §302(3), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 111–358, §302(4), substituted "maintain" for "develop".
Pub. L. 111–358, §302(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 111–358, §302(2), redesignated subsec. (c) as (d).
Subsec. (e). Pub. L. 111–358, §302(5), added subsec. (e).
EDITORIAL NOTES
REFERENCES IN TEXT
Section 302 of this Act, referred to in subsec. (c), is section 302 of Pub. L. 111–358, which amended
section 893a of this title.
(B) a specification of any other person whom the victim should contact;
EDITORIAL NOTES
AMENDMENTS
2020—Subsec. (b)(3)(B). Pub. L. 116–259 substituted "can be reported on a restricted or unrestricted basis"
for "can be confidentially reported".
(6) Protocols for the investigation of complaints by command and law enforcement personnel.
(7) Prohibiting retaliation and consequences for retaliatory actions against someone who reports
a sexual assault.
(8) Oversight by the Under Secretary of administrative and disciplinary actions in response to
substantiated incidents of sexual assault.
(9) Victim advocacy, including establishment of and the responsibilities and training
requirements for victim advocates as described in subsection (c).
(10) Availability of resources for victims of sexual assault within other Federal agencies and
State, local, and national organizations.
(c) Victim advocacy
(1) In general
The Secretary, acting through the Under Secretary, shall establish victim advocates to advocate
for victims of sexual assaults involving employees of the Administration, members of the
commissioned officer corps of the Administration, and individuals who work with or conduct
business on behalf of the Administration.
(2) Victim advocates
For purposes of this subsection, a victim advocate is an existing permanent employee of the
Administration who—
(A) is trained in matters relating to sexual assault and the comprehensive policy developed
under subsection (a); and
(B) serves as a victim advocate voluntarily and in addition to the employee's other duties as
an employee of the Administration.
(3) Primary duties
The primary duties of a victim advocate established under paragraph (1) shall include the
following:
(A) Supporting victims of sexual assault and informing them of their rights and the resources
available to them as victims.
(B) Acting as a companion in navigating investigative, medical, mental and emotional health,
and recovery processes relating to sexual assault.
(C) Helping to identify resources to ensure the safety of victims of sexual assault.
(4) Location
The Secretary shall ensure that at least 1 victim advocate established under paragraph (1) is
stationed—
(A) in each region in which the Administration conducts operations; and
(B) in each marine and aviation center of the Administration.
(5) Hotline
(A) In general
In carrying out this subsection, the Secretary shall provide a telephone number at which a
victim of a sexual assault can contact a victim advocate.
(B) 24-hour access
The Secretary shall ensure that the telephone number established under subparagraph (A) is
monitored at all times.
(C) Partnership
The Secretary shall, where possible, use established hotlines for purposes of this paragraph.
(6) Formal relationships with other entities
The Secretary may enter into formal relationships with other entities to make available
additional victim advocates.
(d) Availability of policy
The Secretary shall ensure that the policy developed under subsection (a) is available to—
(1) all employees of the Administration and members of the commissioned officer corps of the
Administration, including those employees and members who conduct field work for the
Administration; and
(2) the public.
(e) Consultation and assistance
In developing the policy required by subsection (a), the Secretary may consult or receive
assistance from such State, local, and national organizations and subject matter experts as the
Secretary considers appropriate.
(Pub. L. 114–328, div. C, title XXXV, §3542, Dec. 23, 2016, 130 Stat. 2801; Pub. L. 116–259, title
V, §504(a)(2), Dec. 23, 2020, 134 Stat. 1180.)
EDITORIAL NOTES
AMENDMENTS
2020—Subsec. (b)(5)(B). Pub. L. 116–259 substituted "can be reported on a restricted or unrestricted basis"
for "can be confidentially reported".
EDITORIAL NOTES
PRIOR PROVISIONS
A prior section 3547 of Pub. L. 114–328 was renumbered section 3549 and is classified to section 894f of
this title.
EDITORIAL NOTES
AMENDMENTS
1984—Pub. L. 98–426 substituted "Longshore" for "Longshoremen's".
§902. Definitions
When used in this chapter—
(1) The term "person" means individual, partnership, corporation, or association.
(2) The term "injury" means accidental injury or death arising out of and in the course of
employment, and such occupational disease or infection as arises naturally out of such
employment or as naturally or unavoidably results from such accidental injury, and includes an
injury caused by the willful act of a third person directed against an employee because of his
employment.
(3) The term "employee" means any person engaged in maritime employment, including any
longshoreman or other person engaged in longshoring operations, and any harbor-worker
including a ship repairman, shipbuilder, and ship-breaker, but such term does not include—
(A) individuals employed exclusively to perform office clerical, secretarial, security, or data
processing work;
(B) individuals employed by a club, camp, recreational operation, restaurant, museum, or
retail outlet;
(C) individuals employed by a marina and who are not engaged in construction, replacement,
or expansion of such marina (except for routine maintenance);
(D) individuals who (i) are employed by suppliers, transporters, or vendors, (ii) are
temporarily doing business on the premises of an employer described in paragraph (4), and (iii)
are not engaged in work normally performed by employees of that employer under this chapter;
(E) aquaculture workers;
(F) individuals employed to build any recreational vessel under sixty-five feet in length, or
individuals employed to repair any recreational vessel, or to dismantle any part of a recreational
vessel in connection with the repair of such vessel;
(G) a master or member of a crew of any vessel; or
(H) any person engaged by a master to load or unload or repair any small vessel under
eighteen tons net;
if individuals described in clauses (A) through (F) are subject to coverage under a State workers'
compensation law.
(4) The term "employer" means an employer any of whose employees are employed in maritime
employment, in whole or in part, upon the navigable waters of the United States (including any
adjoining pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area
customarily used by an employer in loading, unloading, repairing, or building a vessel).
(5) The term "carrier" means any person or fund authorized under section 932 of this title to
insure under this chapter and includes self-insurers.
(6) The term "Secretary" means the Secretary of Labor.
(7) The term "deputy commissioner" means the deputy commissioner having jurisdiction in
respect of an injury or death.
(8) The term "State" includes a Territory and the District of Columbia.
(9) The term "United States" when used in a geographical sense means the several States and
Territories and the District of Columbia, including the territorial waters thereof.
(10) "Disability" means incapacity because of injury to earn the wages which the employee was
receiving at the time of injury in the same or any other employment; but such term shall mean
permanent impairment, determined (to the extent covered thereby) under the guides to the
evaluation of permanent impairment promulgated and modified from time to time by the
American Medical Association, in the case of an individual whose claim is described in section
910(d)(2) of this title.
(11) "Death" as a basis for a right to compensation means only death resulting from an injury.
(12) "Compensation" means the money allowance payable to an employee or to his dependents
as provided for in this chapter, and includes funeral benefits provided therein.
(13) The term "wages" means the money rate at which the service rendered by an employee is
compensated by an employer under the contract of hiring in force at the time of the injury,
including the reasonable value of any advantage which is received from the employer and
included for purposes of any withholding of tax under subtitle C of title 26 (relating to
employment taxes). The term wages does not include fringe benefits, including (but not limited to)
employer payments for or contributions to a retirement, pension, health and welfare, life
insurance, training, social security or other employee or dependent benefit plan for the employee's
or dependent's benefit, or any other employee's dependent entitlement.
(14) "Child" shall include a posthumous child, a child legally adopted prior to the injury of the
employee, a child in relation to whom the deceased employee stood in loco parentis for at least
one year prior to the time of injury, and a stepchild or acknowledged illegitimate child dependent
upon the deceased, but does not include married children unless wholly dependent on him.
"Grandchild" means a child as above defined of a child as above defined. "Brother" and "sister"
includes stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by
adoption, but does not include married brothers nor married sisters unless wholly dependent on the
employee. "Child", "grandchild", "brother", and "sister" include only a person who is under
eighteen years of age, or who, though eighteen years of age or over, is (1) wholly dependent upon
the employee and incapable of self-support by reason of mental or physical disability, or (2) a
student as defined in paragraph (19) of this section.
(15) The term "parent" includes step-parents and parents by adoption, parents-in-law, and any
person who for more than three years prior to the death of the deceased employee stood in the
place of a parent to him, if dependent on the injured employee.
(16) The terms "widow or widower" includes only the decedent's wife or husband living with or
dependent for support upon him or her at the time of his or her death; or living apart for justifiable
cause or by reason of his or her desertion at such time.
(17) The terms "adoption" or "adopted" mean legal adoption prior to the time of the injury.
(18) The term "student" means a person regularly pursuing a full-time course of study or
training at an institution which is—
(A) a school or college or university operated or directly supported by the United States, or
by any State or local government or political subdivision thereof,
(B) a school or college or university which has been accredited by a State or by a State
recognized or nationally recognized accrediting agency or body.
(C) a school or college or university not so accredited but whose credits are accepted, on
transfer, by not less than three institutions which are so accredited, for credit on the same basis
as if transferred from an institution so accredited, or
(D) an additional type of educational or training institution as defined by the Secretary,
but not after he reaches the age of twenty-three or has completed four years of education beyond
the high school level, except that, where his twenty-third birthday occurs during a semester or
other enrollment period, he shall continue to be considered a student until the end of such semester
or other enrollment period. A child shall not be deemed to have ceased to be a student during any
interim between school years if the interim does not exceed five months and if he shows to the
satisfaction of the Secretary that he has a bona fide intention of continuing to pursue a full-time
course of education or training during the semester or other enrollment period immediately
following the interim or during periods of reasonable duration during which, in the judgment of
the Secretary, he is prevented by factors beyond his control from pursuing his education. A child
shall not be deemed to be a student under this chapter during a period of service in the Armed
Forces of the United States.
(19) The term "national average weekly wage" means the national average weekly earnings of
production or nonsupervisory workers on private nonagricultural payrolls.
(20) The term "Board" shall mean the Benefits Review Board.
(21) Unless the context requires otherwise, the term "vessel" means any vessel upon which or in
connection with which any person entitled to benefits under this chapter suffers injury or death
arising out of or in the course of his employment, and said vessel's owner, owner pro hac vice,
agent, operator, charter or bare boat charterer, master, officer, or crew member.
(22) The singular includes the plural and the masculine includes the feminine and neuter.
(Mar. 4, 1927, ch. 509, §2, 44 Stat. 1424; June 25, 1938, ch. 685, §1, 52 Stat. 1164; Pub. L. 92–576,
§§2(a), (b), 3, 5(b), 15(c), 18(b), 20(c)(1), Oct. 27, 1972, 86 Stat. 1251, 1253, 1262, 1263, 1265; Pub.
L. 98–426, §§2, 5(a)(2), 27(a)(1), Sept. 28, 1984, 98 Stat. 1639, 1641, 1654; Pub. L. 111–5, div. A,
title VIII, §803, Feb. 17, 2009, 123 Stat. 187.)
EDITORIAL NOTES
REFERENCES IN TEXT
The phrase "a student as defined in paragraph (19) of this section", referred to in par. (14), probably means
a student as defined in paragraph (18) of this section.
AMENDMENTS
2009—Par. (3)(F). Pub. L. 111–5, §803(2), substituted ", or individuals employed to repair any recreational
vessel, or to dismantle any part of a recreational vessel in connection with the repair of such vessel;" for
semicolon at end.
Pub. L. 111–5, §803(1), which directed the striking out of ", repair or dismantle", was executed by striking
out ", repair, or dismantle" after "build" to reflect the probable intent of Congress.
1984—Par. (3). Pub. L. 98–426, §2(a), amended par. (3) generally. Prior to amendment, par. (3) read as
follows: "The term 'employee' means any person engaged in maritime employment, including any
longshoreman or other person engaged in longshoring operations, and any harborworker including a ship
repairman, shipbuilder, and shipbreaker, but such term does not include a master or member of a crew of any
vessel, or any person engaged by the master to load or unload or repair any small vessel under eighteen tons
net."
Par. (6). Pub. L. 98–426, §27(a)(1), substituted "The term 'Secretary' means the Secretary of Labor" for
"The term 'commission' means the United States Employees' Compensation Commission".
Par. (10). Pub. L. 98–426, §2(b), inserted "; but such term shall mean permanent impairment, determined
(to the extent covered thereby) under the guides to the evaluation of permanent impairment promulgated and
modified from time to time by the American Medical Association, in the case of an individual whose claim is
described in section 910(d)(2) of this title".
Par. (13). Pub. L. 98–426, §2(c), amended par. (13) generally. Prior to amendment, par. (13) read as
follows: " 'Wages' means the money rate at which the service rendered is recompensed under the contract of
hiring in force at the time of the injury, including the reasonable value of board, rent, housing, lodging, or
similar advantage received from the employer, and gratuities received in the course of employment from
others than the employer".
Par. (21). Pub. L. 98–426, §5(a)(2), substituted "Unless the context requires otherwise, the" for "The".
1972—Par. (3). Pub. L. 92–576, §2(a), defined "employee" to mean any person engaged in maritime
employment, including any longshoreman or other person engaged in longshoring operations, and any
harborworker including a ship repairman, shipbuilder, and shipbreaker and substituted "or" for "nor" before
"any person engaged by the master".
Par. (4). Pub. L. 92–576, §2(b), defined "employer" to include an employer any of whose employees are
employed in maritime employment upon the navigable waters of the United States, including any adjoining
pier, wharf, dry dock, terminal, building way, marine railway, or other adjoining area customarily used by an
employer in loading, unloading, repairing, or building a vessel.
Par. (14). Pub. L. 92–576, §3(b), defined "child, grandchild, brother, and sister" to include a student as
defined in par. (19) of this section.
Par. (16). Pub. L. 92–576, §20(c)(1), consolidated provisions of former par. (16) definition of "widow" and
former par. (17) definition of "widower" in one definition of "widow or widower"; and in redefining
"widower", substituted provision for decedent's husband living with or dependent upon wife for support at
time of her death, for prior provision for decedent's husband living with and dependent upon wife for support
at time of her death, and included decedent's husband living apart from wife for justifiable cause or by reason
of her desertion at time of her death.
Par. (17). Pub. L. 92–576, §20(c)(1), redesignated former par. (18) definition of "adoption" or "adopted" as
par. (17). Former par. (17) definition of "widower" incorporated in par. (16).
Par. (18). Pub. L. 92–576, §§3(a), 20(c)(1), added par. (19) definition of "student" and redesignated such
par. (19) as par. (18). Former par. (18) definition of "adoption" or "adopted" redesignated par. (17).
Par. (19). Pub. L. 92–576, §§5(b), 20(c)(1), added par. (20) definition of "national average weekly wage"
and redesignated such par. (20) as par. (19). Former par. (19) definition of "student" redesignated par. (18).
Par. (20). Pub. L. 92–576, §§15(c), 20(c)(1), added par. (21) definition of "Board" and redesignated such
par. (21) as par. (20). Former par. (20) definition of "national average weekly wage" redesignated par. (19).
Par. (21). Pub. L. 92–576, §§18(b), 20(c)(1), added par. (22) definition of "vessel" and redesignated such
par. (22) as par. (21). Former par. (21) definition of "Board" redesignated par. (20).
Par. (22). Pub. L. 92–576, §§3(a), 5(b), 15(c), 18(b), 20(c)(1), redesignated former par. (19) definition of
"singular" as pars. (20), (21), (22), (23), and (22) again. Former par. (22) definition of "vessel" redesignated
par. (21).
1938—Par. (14). Act June 25, 1938, included within definition of child, "a child in relation to whom the
deceased employee stood in loco parentis for at least one year prior to the time of injury" and within definition
of child, grandchild, brother, and sister "persons who though eighteen years of age or over, are wholly
dependent upon the deceased employee and incapable of self-support by reason of mental or physical
disability".
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Prior to the amendment of this chapter by Pub. L. 98–426, the word "Secretary" meaning the Secretary of
Labor had been substituted for the word "commission" meaning the United States Employees' Compensation
Commission throughout this chapter even when not expressly so directed by statute in view of the transfer of
the functions of the commission first to the Federal Security Administrator by Reorg. Plan No. 2 of 1946, §3,
eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095, and later to the Secretary of Labor by Reorg. Plan No. 19 of
1950, §1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271. Where such substitution had thus been made the
statutory substitution of terms by Pub. L. 98–426 required no change in text.
§903. Coverage
(a) Disability or death; injuries occurring upon navigable waters of United States
Except as otherwise provided in this section, compensation shall be payable under this chapter in
respect of disability or death of an employee, but only if the disability or death results from an injury
occurring upon the navigable waters of the United States (including any adjoining pier, wharf, dry
dock, terminal, building way, marine railway, or other adjoining area customarily used by an
employer in loading, unloading, repairing, dismantling, or building a vessel).
(b) Governmental officers and employees
No compensation shall be payable in respect of the disability or death of an officer or employee of
the United States, or any agency thereof, or of any State or foreign government, or any subdivision
thereof.
(c) Intoxication; willful intention to kill
No compensation shall be payable if the injury was occasioned solely by the intoxication of the
employee or by the willful intention of the employee to injure or kill himself or another.
(d) Small vessels
(1) No compensation shall be payable to an employee employed at a facility of an employer if, as
certified by the Secretary, the facility is engaged in the business of building, repairing, or
dismantling exclusively small vessels (as defined in paragraph (3) of this subsection), unless the
injury occurs while upon the navigable waters of the United States or while upon any adjoining pier,
wharf, dock, facility over land for launching vessels, or facility over land for hauling, lifting, or
drydocking vessels.
(2) Notwithstanding paragraph (1), compensation shall be payable to an employee—
(A) who is employed at a facility which is used in the business of building, repairing, or
dismantling small vessels if such facility receives Federal maritime subsidies; or
(B) if the employee is not subject to coverage under a State workers' compensation law.
EDITORIAL NOTES
CODIFICATION
In subsec. (e), "section 30104 of title 46" substituted for "section 20 of the Act of March 4, 1915 (38 Stat.
1185, chapter 153; 46 U.S.C. 688) (relating to recovery for injury to or death of seamen)" on authority of Pub.
L. 109–304, §18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 30104 of Title 46, Shipping.
AMENDMENTS
1996—Subsec. (d)(3)(B). Pub. L. 104–324 inserted before period at end "as measured under section 14502
of title 46, or an alternate tonnage measured under section 14302 of that title as prescribed by the Secretary
under section 14104 of that title".
1984—Subsec. (a). Pub. L. 98–426, §3(a), inserted introductory language relating to exceptions provided
for elsewhere in this section, redesignated existing par. (1) as subsec. (b), and struck out existing par. (2)
which had excepted from coverage masters and crew members or persons engaged by such masters or crew
members to load, unload, or repair vessels under 18 tons net.
Subsec. (b). Pub. L. 98–426, §3(a), redesignated as subsec. (b) provisions formerly set out in subsec. (a)(2).
Former subsec. (b) redesignated (c).
Subsecs. (c) to (e). Pub. L. 98–426, §3(a), (b), redesignated former subsec. (b) as (c) and added subsecs. (d)
and (e).
1972—Subsec. (a). Pub. L. 92–576, §2(c), substituted provisions respecting coverage of injuries occurring
upon navigable waters of the United States, including any adjoining pier, wharf, dry dock, terminal, building
way, marine railway, or other adjoining area customarily used by an employer in loading, unloading,
repairing, or building a vessel, for prior provisions respecting coverage of such injuries upon navigable waters
and if recovery for the disability or death through workmen's compensation proceedings may not validly be
provided by State law.
Subsec. (a)(1). Pub. L. 92–576, §21, substituted "or" for "nor" before "any person engaged by the master".
EDITORIAL NOTES
AMENDMENTS
1984—Subsec. (a). Pub. L. 98–426 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as
follows: "Every employer shall be liable for and shall secure the payment to his employees of the
compensation payable under sections 907, 908, and 909 of this title. In the case of an employer who is a
subcontractor, the contractor shall be liable for and shall secure the payment of such compensation to
employees of the subcontractor unless the subcontractor has secured such payment."
EDITORIAL NOTES
AMENDMENTS
1984—Subsec. (a). Pub. L. 98–426, §4(b), inserted at end "For purposes of this subsection, a contractor
shall be deemed the employer of a subcontractor's employees only if the subcontractor fails to secure the
payment of compensation as required by section 904 of this title."
Subsec. (b). Pub. L. 98–426, §5(a)(1), substituted "If such person was employed to provide shipbuilding,
repairing, or breaking services and such person's employer was the owner, owner pro hac vice, agent,
operator, or charterer of the vessel, no such action shall be permitted, in whole or in part or directly or
indirectly, against the injured person's employer (in any capacity, including as the vessel's owner, owner pro
hac vice, agent, operator, or charterer) or against the employees of the employer" for "If such person was
employed by the vessel to provide ship building or repair services, no such action shall be permitted if the
injury was caused by the negligence of persons engaged in providing ship building or repair services to the
vessel".
Subsec. (c). Pub. L. 98–426, §5(b), added subsec. (c).
1972—Pub. L. 92–576 designated existing provisions as subsec. (a), substituted "the chapter" for "this
chapter", and added subsec. (b).
§906. Compensation
(a) Time for commencement
No compensation shall be allowed for the first three days of the disability, except the benefits
provided for in section 907 of this title: Provided, however, That in case the injury results in
disability of more than fourteen days the compensation shall be allowed from the date of the
disability.
(b) Maximum rate of compensation
(1) Compensation for disability or death (other than compensation for death required by this
chapter to be paid in a lump sum) shall not exceed an amount equal to 200 per centum of the
applicable national average weekly wage, as determined by the Secretary under paragraph (3).
(2) Compensation for total disability shall not be less than 50 per centum of the applicable national
average weekly wage determined by the Secretary under paragraph (3), except that if the employee's
average weekly wages as computed under section 910 of this title are less than 50 per centum of such
national average weekly wage, he shall receive his average weekly wages as compensation for total
disability.
(3) As soon as practicable after June 30 of each year, and in any event prior to October 1 of such
year, the Secretary shall determine the national average weekly wage for the three consecutive
calendar quarters ending June 30. Such determination shall be the applicable national average weekly
wage for the period beginning with October 1 of that year and ending with September 30 of the next
year. The initial determination under this paragraph shall be made as soon as practicable after
October 27, 1972.
(c) Applicability of determinations
Determinations under subsection (b)(3) with respect to a period shall apply to employees or
survivors currently receiving compensation for permanent total disability or death benefits during
such period, as well as those newly awarded compensation during such period.
(Mar. 4, 1927, ch. 509, §6, 44 Stat. 1426; June 24, 1948, ch. 623, §1, 62 Stat. 602; July 26, 1956, ch.
735, §1, 70 Stat. 654; Pub. L. 87–87, §1, July 14, 1961, 75 Stat. 203; Pub. L. 92–576, §§4, 5(a), Oct.
27, 1972, 86 Stat. 1252; Pub. L. 98–426, §6, Sept. 28, 1984, 98 Stat. 1641.)
EDITORIAL NOTES
AMENDMENTS
1984—Subsec. (b)(1). Pub. L. 98–426, §6(a), substituted provisions setting a maximum compensation for
disability on death of 200 per centum of the applicable national average weekly wage as determined by the
Secretary for former provisions which had set out a schedule of progressive percentages of 125 per centum or
$167, whichever is greater, during the period ending September 30, 1973, 150 per centum during the period
beginning October 1, 1973, and ending September 30, 1974, 175 per centum during the period beginning
October 1, 1974, and ending September 30, 1975, and 200 per centum beginning October 1, 1975.
Subsecs. (c), (d). Pub. L. 98–426, §6(b), redesignated subsec. (d) as (c) and substituted "under subsection
(b)(3)" for "under this subsection". Former subsec. (c), which had directed that the maximum rate of
compensation for a nonappropriated fund instrumentality employee be equal to 662/3 per centum of the
maximum rate of basic pay established for a Federal employee in grade GS–12 by section 5332 of title 5 and
the minimum rate of compensation for such an employee be equal to 662/3 per centum of the minimum rate of
basic pay established for a Federal employee in grade GS–2 by such section, was struck out.
1972—Subsec. (a). Pub. L. 92–576, §4, substituted "fourteen days" for "twenty-eight days".
Subsecs. (b) to (d). Pub. L. 92–576, §5(a) added subsecs. (b) to (d) and struck out former subsec. (b)
compensation for disability provisions which prescribed a $70 per week limit, a $18 per week minimum for
total disability, and provided that if the employee's average weekly wages, as computed under section 910 of
this title, were less than $18 per week he should receive as compensation for total disability his average
weekly wages.
1961—Subsec. (b). Pub. L. 87–87 increased limitation on compensation for disability from "$54" to "$70"
per week.
1956—Subsec. (a). Act July 26, 1956, substituted "three days" for "seven days" and "twenty-eight days" for
"forty-nine days".
Subsec. (b). Act July 26, 1956, substituted "$54" for "$35", and "$18" for "$12" in two places.
1948—Subsec. (b). Act June 24, 1948, increased maximum weekly compensation from $25 to $35 and the
minimum from $9 to $12 in two places.
(C) Medical services provided by physicians or health care providers who are named on the list
published by the Secretary pursuant to subparagraph (A) of this section 1 shall not be reimbursable
under this chapter; except that the Secretary shall direct the reimbursement of medical claims for
services rendered by such physicians or health care providers in cases where the services were
rendered in an emergency.
(D) A determination under subparagraph (B) shall remain in effect for a period of not less than
three years and until the Secretary finds and gives notice to the public that there is reasonable
assurance that the basis for the determination will not reoccur.
(E) A provider of a service, appliance, or supply shall provide to the Secretary such information
and certification as the Secretary may require to assure that this subsection is enforced.
(2) Whenever the employer or carrier acquires knowledge of the employee's injury, through
written notice or otherwise as prescribed by the chapter, the employer or carrier shall forthwith
authorize medical treatment and care from a physician selected by an employee pursuant to
subsection (b). An employee may not select a physician who is on the list required by paragraph (1)
of this subsection. An employee may not change physicians after his initial choice unless the
employer, carrier, or deputy commissioner has given prior consent for such change. Such consent
shall be given in cases where an employee's initial choice was not of a specialist whose services are
necessary for and appropriate to the proper care and treatment of the compensable injury or disease.
In all other cases, consent may be given upon a showing of good cause for change.
(d) Request of treatment or services prerequisite to recovery of expenses; formal report of
injury and treatment; suspension of compensation for refusal of treatment or examination;
justification
(1) An employee shall not be entitled to recover any amount expended by him for medical or other
treatment or services unless—
(A) the employer shall have refused or neglected a request to furnish such services and the
employee has complied with subsections (b) and (c) and the applicable regulations; or
(B) the nature of the injury required such treatment and services and the employer or his
superintendent or foreman having knowledge of such injury shall have neglected to provide or
authorize same.
(2) No claim for medical or surgical treatment shall be valid and enforceable against such
employer unless, within ten days following the first treatment, the physician giving such treatment
furnishes to the employer and the deputy commissioner a report of such injury or treatment, on a
form prescribed by the Secretary. The Secretary may excuse the failure to furnish such report within
the ten-day period whenever he finds it to be in the interest of justice to do so.
(3) The Secretary may, upon application by a party in interest, make an award for the reasonable
value of such medical or surgical treatment so obtained by the employee.
(4) If at any time the employee unreasonably refuses to submit to medical or surgical treatment, or
to an examination by a physician selected by the employer, the Secretary or administrative law judge
may, by order, suspend the payment of further compensation during such time as such refusal
continues, and no compensation shall be paid at any time during the period of such suspension,
unless the circumstances justified the refusal.
(e) Physical examination; medical questions; report of physical impairment; review or
reexamination; costs
In the event that medical questions are raised in any case, the Secretary shall have the power to
cause the employee to be examined by a physician employed or selected by the Secretary and to
obtain from such physician a report containing his estimate of the employee's physical impairment
and such other information as may be appropriate. Any party who is dissatisfied with such report
may request a review or reexamination of the employee by one or more different physicians
employed or selected by the Secretary. The Secretary shall order such review or reexamination
unless he finds that it is clearly unwarranted. Such review or reexamination shall be completed
within two weeks from the date ordered unless the Secretary finds that because of extraordinary
circumstances a longer period is required. The Secretary shall have the power in his discretion to
charge the cost of examination or review under this subsection to the employer, if he is a self-insurer,
or to the insurance company which is carrying the risk, in appropriate cases, or to the special fund in
section 944 of this title.
(f) Place of examination; exclusion of physicians other than examining physician of Secretary;
good cause for conclusions of other physicians respecting impairment; examination by
employer's physician; suspension of proceedings and compensation for refusal of
examination
An employee shall submit to a physical examination under subsection (e) at such place as the
Secretary may require. The place, or places, shall be designated by the Secretary and shall be
reasonably convenient for the employee. No physician selected by the employer, carrier, or
employee shall be present at or participate in any manner in such examination, nor shall conclusions
of such physicians as to the nature or extent of impairment or the cause of impairment be available to
the examining physician unless otherwise ordered, for good cause, by the Secretary. Such employer
or carrier shall, upon request, be entitled to have the employee examined immediately thereafter and
upon the same premises by a qualified physician or physicians in the presence of such physician as
the employee may select, if any. Proceedings shall be suspended and no compensation shall be
payable for any period during which the employee may refuse to submit to examination.
(g) Fees and charges for examinations, treatment, or service; limitation; regulations
All fees and other charges for medical examinations, treatment, or service shall be limited to such
charges as prevail in the community for such treatment, and shall be subject to regulation by the
Secretary. The Secretary shall issue regulations limiting the nature and extent of medical expenses
chargeable against the employer without authorization by the employer or the Secretary.
(h) Third party liability
The liability of an employer for medical treatment as herein provided shall not be affected by the
fact that his employee was injured through the fault or negligence of a third party not in the same
employ, or that suit has been brought against such third party. The employer shall, however, have a
cause of action against such third party to recover any amounts paid by him for such medical
treatment in like manner as provided in section 933(b) of this title.
(i) Physicians' ineligibility for subsection (e) physical examinations and reviews because of
workmen's compensation claim employment or fee acceptance or participation
Unless the parties to the claim agree, the Secretary shall not employ or select any physician for the
purpose of making examinations or reviews under subsection (e) of this section who, during such
employment, or during the period of two years prior to such employment, has been employed by, or
accepted or participated in any fee relating to a workmen's compensation claim from any insurance
carrier or any self-insurer.
(j) Procedure; judicial review
(1) The Secretary shall have the authority to make rules and regulations and to establish
procedures, not inconsistent with the provisions of this chapter, which are necessary or appropriate to
carry out the provisions of subsection (c), including the nature and extent of the proof and evidence
necessary for actions under this section and the methods of taking and furnishing such proof and
evidence.
(2) Any decision to take action with respect to a physician or health care provider under this
section shall be based on specific findings of fact by the Secretary. The Secretary shall provide
notice of these findings and an opportunity for a hearing pursuant to section 556 of title 5 for a
provider who would be affected by a decision under this section. A request for a hearing must be
filed with the Secretary within thirty days after notice of the findings is received by the provider
making such request. If a hearing is held, the Secretary shall, on the basis of evidence adduced at the
hearing, affirm, modify, or reverse the findings of fact and proposed action under this section.
(3) For the purpose of any hearing, investigation, or other proceeding authorized or directed under
this section, the provisions of section 2 49 and 50 of title 15 (relating to the attendance of witnesses
and the production of books, papers, and documents) shall apply to the jurisdiction, powers, and
duties of the Secretary or any officer designated by him.
(4) Any physician or health care provider, after any final decision of the Secretary made after a
hearing to which he was a party, irrespective of the amount in controversy, may obtain a review of
such decision by a civil action commenced within sixty days after the mailing to him of notice of
such decision, but the pendency of such review shall not operate as a stay upon the effect of such
decision. Such action shall be brought in the court of appeals of the United States for the judicial
circuit in which the plaintiff resides or has his principal place of business, or the Court of Appeals for
the District of Columbia. As part of his answer, the Secretary shall file a certified copy of the
transcript of the record of the hearing, including all evidence submitted in connection therewith. The
findings of fact of the Secretary, if based on substantial evidence in the record as a whole, shall be
conclusive.
(k) Refusal of treatment on religious grounds
(1) Nothing in this chapter prevents an employee whose injury or disability has been established
under this chapter from relying in good faith on treatment by prayer or spiritual means alone, in
accordance with the tenets and practice of a recognized church or religious denomination, by an
accredited practitioner of such recognized church or religious denomination, and on nursing services
rendered in accordance with such tenets and practice, without suffering loss or diminution of the
compensation or benefits under this chapter. Nothing in this subsection shall be construed to except
an employee from all physical examinations required by this chapter.
(2) If an employee refuses to submit to medical or surgical services solely because, in adherence to
the tenets and practice of a recognized church or religious denomination, the employee relies upon
prayer or spiritual means alone for healing, such employee shall not be considered to have
unreasonably refused medical or surgical treatment under subsection (d).
(Mar. 4, 1927, ch. 509, §7, 44 Stat. 1427; May 26, 1934, ch. 354, §1, 48 Stat. 806; June 25, 1938, ch.
685, §§2, 3, 52 Stat. 1165; Pub. L. 86–757, Sept. 13, 1960, 74 Stat. 900; Pub. L. 92–576, §6, Oct. 27,
1972, 86 Stat. 1254; Pub. L. 98–426, §7, Sept. 28, 1984, 98 Stat. 1642.)
EDITORIAL NOTES
AMENDMENTS
1984—Subsec. (b). Pub. L. 98–426, §7(a), inserted "or where the charges exceed those prevailing within
the community for the same or similar services or exceed the provider's customary charges".
Subsec. (c). Pub. L. 98–426, §7(b), substituted provisions respecting physicians and health care providers
not authorized to render medical care or services under this chapter for former provision respecting physicians
designated by the Secretary as authorized to render such care and whose names shall be available to
employees through posting or in such other form as the Secretary may prescribe.
Subsec. (d). Pub. L. 98–426, §7(c), substituted provisions for the recovery by the employee of amounts
spent on medical services which the employer failed to provide; for the procedure to be followed for recovery;
and for suspension of any payments made if the employee unreasonably refuses to submit to treatment or
examination for former provisions which required a request for treatment or services and the filing of a
physician's report for recovery, and permitted the Secretary to excuse a failure to file a report when justified
and to suspend payment if the employee unreasonably refuses treatment or examination.
Subsec. (j). Pub. L. 98–426, §7(d), added subsec. (j).
Subsec. (k). Pub. L. 98–426, §7(e), added subsec. (k).
1972—Subsec. (a). Pub. L. 92–576 reenacted provisions without change.
Subsec. (b). Pub. L. 92–576, substituted provisions for employee's choosing of an attending physician
authorized by the Secretary, for prior provisions for such a choosing from a panel of physicians named by the
employer and employer's selection of a physician for an employee when nature of injury requires immediate
medical treatment and care for prior provisions for employer's selection of a physician from the panel;
required Secretary's supervision of medical care rendered and periodic reports of medical care furnished;
provided for initiative of the Secretary or the request of the employer for making change of hospitals or
physicians and that the change be in the interest of the employee; provided for change of physicians pursuant
to regulations of the Secretary; and deleted prior provision authorizing a second choice of a physician from the
panel and for selection of physicians for specialized services.
Subsec. (c). Pub. L. 92–576 substituted provisions respecting Secretary's designation of physicians in
community authorized to render medical care and posting of their names for prior provisions respecting
deputy commissioner's determination of size of panel of physicians (named by employer) following statutory
criteria and approval of their qualifications, and requirement of posting of names and addresses of physicians
so as to afford reasonable notice.
Subsec. (d). Pub. L. 92–576 substituted the Secretary for the deputy commissioner as the person to exercise
the various authorities, struck out introductory provisions respecting employer's failure to maintain a panel of
physicians for examination purposes or to permit the employee to choose an attending physician from the
panel and employee's procurement of treatment and services and selection of a physician at expense of
employer, decreased from twenty to ten days the period within which to make the formal report of injury and
treatment, and authorized suspension of compensation for refusal to submit to an examination by a physician
of the employer.
Subsec. (e). Pub. L. 92–576 substituted provisions respecting physical examination to determine medical
questions by a physician employed or selected by the Secretary, such physician's report of the physical
impairment, review or reexamination of the employee, and the charging of costs to an employer, who is a
self-insurer, or the insurance company carrying the risk or the special fund for prior provisions respecting
examination of employee by a physician selected by the deputy commissioner (who shall submit a report of
the disability) whenever the deputy commissioner was of the opinion that the employer's physician was partial
in his estimate of the degree of permanent disability or the extent of temporary disability and charging cost of
examination to the employer, if he was a self-insurer, or to the insurance company which was carrying the risk
when the physician's estimate was not impartial.
Subsec. (f). Pub. L. 92–576 added subsec. (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 92–576 redesignated former subsec. (f) as (g) and substituted "medical examinations,
treatment, or service" for "such treatment or service", "charges as prevail in the community for such
treatment" for "charges as prevail in the same community for similar treatment of injured persons of like
standard of living", "regulation by the Secretary" for "regulation by the deputy commissioner", and prescribed
issuance of regulations respecting medical expenses chargeable against employer. Former subsec. (g)
redesignated (h).
Subsec. (h). Pub. L. 92–576 redesignated former subsec. (g) as (h) and inserted "that" before "suit".
Subsec. (i). Pub. L. 92–576 added subsec. (i).
1960—Subsec. (a). Pub. L. 86–757 designated first sentence as subsec. (a). Remainder of former subsec. (a)
redesignated (d).
Subsecs. (b), (c). Pub. L. 86–757 added subsecs. (b) and (c). Former subsecs. (b) and (c) redesignated (e)
and (f).
Subsec. (d). Pub. L. 86–757 redesignated all but first sentence of former subsec. (a) as (d), substituting "If
the employer fails to provide the medical or other treatment, services, and supplies required to be furnished by
subsection (a), after request by the injured employee, or fails to maintain a panel of physicians as required by
subsection (c), or fails to permit the employee to choose an attending physician from such panel, such injured
employee may procure such medical or other treatment, services, and supplies and select a physician to render
treatment and services at the expense of the employer" for "If the employer fails to provide the same, after
request by the injured employee, such injured employee may do so at the expense of the employer." Former
subsec. (d) redesignated (g).
Subsecs. (e) to (g). Pub. L. 86–757 redesignated former subsecs. (b) to (d) as (e) to (g), striking out "unless
and until notice of election to sue has been given as required by section 933(a) of this title" and "without the
giving of such notice" before and after "or suit has been brought against such third party" in subsec. (g).
1938—Subsec. (a). Act June 25, 1938, §2, authorized deputy commissioner to excuse failure to furnish
prescribed medical report.
Subsec. (d). Act June 25, 1938, §3, added subsec. (d).
1934—Subsec. (a). Act May 26, 1934, authorized deputy commissioner to suspend payment of
compensation for refusal, without justification, to submit to medical or surgical treatment.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by section 7(a), (e) of Pub. L. 98–426 effective 90 days after Sept. 28, 1984, and applicable
both with respect to claims filed after such 90th day and to claims pending on such 90th day, and amendment
by section 7(b)–(d) of Pub. L. 98–426 effective 90 days after Sept. 28, 1984, see section 28(b), (e)(2) of Pub.
L. 98–426, set out as a note under section 901 of this title.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92–576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92–576, set
out as a note under section 902 of this title.
CLAIMS FILED UNDER BLACK LUNG BENEFITS ACT
Pub. L. 98–426, §28(h)(1), Sept. 28, 1984, 98 Stat. 1655, provided that: "The amendments made by section
7 of this Act [amending this section] shall not apply to claims filed under the Black Lung Benefits Act (30
U.S.C. 901 et seq.)."
(14) Phalanges: Compensation for loss of more than one phalange of a digit shall be the same as
for loss of the entire digit. Compensation for loss of the first phalange shall be one-half of the
compensation for loss of the entire digit.
(15) Amputated arm or leg: Compensation for an arm or a leg, if amputated at or above the
elbow or the knee, shall be the same as for a loss of the arm or leg; but, if amputated between the
elbow and the wrist or the knee and the ankle, shall be the same as for loss of a hand or foot.
(16) Binocular vision or per centum of vision: Compensation for loss of binocular vision or for
80 per centum or more of the vision of an eye shall be the same as for loss of the eye.
(17) Two or more digits: Compensation for loss of two or more digits, or one or more phalanges
of two or more digits, of a hand or foot may be proportioned to the loss of use of the hand or foot
occasioned thereby, but shall not exceed the compensation for loss of a hand or foot.
(18) Total loss of use: Compensation for permanent total loss of use of a member shall be the
same as for loss of the member.
(19) Partial loss or partial loss of use: Compensation for permanent partial loss or loss of use of
a member may be for proportionate loss or loss of use of the member.
(20) Disfigurement: Proper and equitable compensation not to exceed $7,500 shall be awarded
for serious disfigurement of the face, head, or neck or of other normally exposed areas likely to
handicap the employee in securing or maintaining employment.
(21) Other cases: In all other cases in the class of disability, the compensation shall be 662/3 per
centum of the difference between the average weekly wages of the employee and the employee's
wage-earning capacity thereafter in the same employment or otherwise, payable during the
continuance of partial disability.
(22) In any case in which there shall be a loss of, or loss of use of, more than one member or
parts of more than one member set forth in paragraphs (1) to (19) of this subsection, not
amounting to permanent total disability, the award of compensation shall be for the loss of, or loss
of use of, each such member or part thereof, which awards shall run consecutively, except that
where the injury affects only two or more digits of the same hand or foot, paragraph (17) of this
subsection shall apply.
(23) Notwithstanding paragraphs (1) through (22), with respect to a claim for permanent partial
disability for which the average weekly wages are determined under section 910(d)(2) of this title,
the compensation shall be 662/3 per centum of such average weekly wages multiplied by the
percentage of permanent impairment, as determined under the guides referred to in section
902(10) of this title, payable during the continuance of such impairment.
(d)(1) If an employee who is receiving compensation for permanent partial disability pursuant to
subsection (c)(1)–(20) dies from causes other than the injury, the total amount of the award unpaid at
the time of death shall be payable to or for the benefit of his survivors, as follows:
(A) if the employee is survived only by a widow or widower, such unpaid amount of the award
shall be payable to such widow or widower,
(B) if the employee is survived only by a child or children, such unpaid amount of the award
shall be paid to such child or children in equal shares,
(C) if the employee is survived by a widow or widower and a child or children, such unpaid
amount of the award shall be payable to such survivors in equal shares,
(D) if there be no widow or widower and no surviving child or children, such unpaid amount of
the award shall be paid to the survivors specified in section 909(d) of this title (other than a wife,
husband, or child); and the amount to be paid each such survivor shall be determined by
multiplying such unpaid amount of the award by the appropriate percentage specified in section
909(d) of this title, but if the aggregate amount to which all such survivors are entitled, as so
determined, is less than such unpaid amount of the award, the excess amount shall be divided
among such survivors pro rata according to the amount otherwise payable to each under this
subparagraph.
(2) Notwithstanding any other limitation in section 909 of this title, the total amount of any award
for permanent partial disability pursuant to subsection (c)(1)–(20) unpaid at time of death shall be
payable in full in the appropriate distribution.
(3) An award for disability may be made after the death of the injured employee. Except where
compensation is payable under subsection (c)(21) if there be no survivors as prescribed in this
section, then the compensation payable under this subsection shall be paid to the special fund
established under section 944(a) of this title.
(e) Temporary partial disability: In case of temporary partial disability resulting in decrease of
earning capacity the compensation shall be two-thirds of the difference between the injured
employee's average weekly wages before the injury and his wage-earning capacity after the injury in
the same or another employment, to be paid during the continuance of such disability, but shall not
be paid for a period exceeding five years.
(f) Injury increasing disability:
(1) In any case in which an employee having an existing permanent partial disability suffers
injury, the employer shall provide compensation for such disability as is found to be attributable to
that injury based upon the average weekly wages of the employee at the time of the injury. If
following an injury falling within the provisions of subsection (c)(1)–(20), the employee is totally
and permanently disabled, and the disability is found not to be due solely to that injury, the
employer shall provide compensation for the applicable prescribed period of weeks provided for in
that section for the subsequent injury, or for one hundred and four weeks, whichever is the greater,
except that, in the case of an injury falling within the provisions of subsection (c)(13), the
employer shall provide compensation for the lesser of such periods. In all other cases of total
permanent disability or of death, found not to be due solely to that injury, of an employee having
an existing permanent partial disability, the employer shall provide in addition to compensation
under subsections (b) and (e) of this section, compensation payments or death benefits for one
hundred and four weeks only. If following an injury falling within the provisions of subsection
(c)(1)–(20), the employee has a permanent partial disability and the disability is found not to be
due solely to that injury, and such disability is materially and substantially greater than that which
would have resulted from the subsequent injury alone, the employer shall provide compensation
for the applicable period of weeks provided for in that section for the subsequent injury, or for one
hundred and four weeks, whichever is the greater, except that, in the case of an injury falling
within the provisions of subsection (c)(13), the employer shall provide compensation for the lesser
of such periods.
In all other cases in which the employee has a permanent partial disability, found not to be due
solely to that injury, and such disability is materially and substantially greater than that which
would have resulted from the subsequent injury alone, the employer shall provide in addition to
compensation under subsections (b) and (e) of this section, compensation for one hundred and four
weeks only.
(2)(A) After cessation of the payments for the period of weeks provided for herein, the
employee or his survivor entitled to benefits shall be paid the remainder of the compensation that
would be due out of the special fund established in section 944 of this title, except that the special
fund shall not assume responsibility with respect to such benefits (and such payments shall not be
subject to cessation) in the case of any employer who fails to comply with section 932(a) of this
title.
(B) After cessation of payments for the period of weeks provided for in this subsection, the
employer or carrier responsible for payment of compensation shall remain a party to the claim,
retain access to all records relating to the claim, and in all other respects retain all rights granted
under this chapter prior to cessation of such payments.
(3) Any request, filed after September 28, 1984, for apportionment of liability to the special
fund established under section 944 of this title for the payment of compensation benefits, and a
statement of the grounds therefore, shall be presented to the deputy commissioner prior to the
consideration of the claim by the deputy commissioner. Failure to present such request prior to
such consideration shall be an absolute defense to the special fund's liability for the payment of
any benefits in connection with such claim, unless the employer could not have reasonably
anticipated the liability of the special fund prior to the issuance of a compensation order.
(g) Maintenance for employees undergoing vocational rehabilitation: An employee who as a result
of injury is or may be expected to be totally or partially incapacitated for a remunerative occupation
and who, under the direction of the Secretary as provided by section 939(c) of this title, is being
rendered fit to engage in a remunerative occupation, shall receive additional compensation necessary
for his maintenance, but such additional compensation shall not exceed $25 a week. The expense
shall be paid out of the special fund established in section 944 of this title.
(h) The wage-earning capacity of an injured employee in cases of partial disability under
subsection (c)(21) of this section or under subsection (e) of this section shall be determined by his
actual earnings if such actual earnings fairly and reasonably represent his wage-earning capacity:
Provided, however, That if the employee has no actual earnings or his actual earnings do not fairly
and reasonably represent his wage-earning capacity, the deputy commissioner may, in the interest of
justice, fix such wage-earning capacity as shall be reasonable, having due regard to the nature of his
injury, the degree of physical impairment, his usual employment, and any other factors or
circumstances in the case which may affect his capacity to earn wages in his disabled condition,
including the effect of disability as it may naturally extend into the future.
(i)(1) Whenever the parties to any claim for compensation under this chapter, including survivors
benefits, agree to a settlement, the deputy commissioner or administrative law judge shall approve
the settlement within thirty days unless it is found to be inadequate or procured by duress. Such
settlement may include future medical benefits if the parties so agree. No liability of any employer,
carrier, or both for medical, disability, or death benefits shall be discharged unless the application for
settlement is approved by the deputy commissioner or administrative law judge. If the parties to the
settlement are represented by counsel, then agreements shall be deemed approved unless specifically
disapproved within thirty days after submission for approval.
(2) If the deputy commissioner disapproves an application for settlement under paragraph (1), the
deputy commissioner shall issue a written statement within thirty days containing the reasons for
disapproval. Any party to the settlement may request a hearing before an administrative law judge in
the manner prescribed by this chapter. Following such hearing, the administrative law judge shall
enter an order approving or rejecting the settlement.
(3) A settlement approved under this section shall discharge the liability of the employer or
carrier, or both. Settlements may be agreed upon at any stage of the proceeding including after entry
of a final compensation order.
(4) The special fund shall not be liable for reimbursement of any sums paid or payable to an
employee or any beneficiary under such settlement, or otherwise voluntarily paid prior to such
settlement by the employer or carrier, or both.
(j)(1) The employer may inform a disabled employee of his obligation to report to the employer
not less than semiannually any earnings from employment or self-employment, on such forms as the
Secretary shall specify in regulations.
(2) An employee who—
(A) fails to report the employee's earnings under paragraph (1) when requested, or
(B) knowingly and willfully omits or understates any part of such earnings,
and who is determined by the deputy commissioner to have violated clause (A) or (B) of this
paragraph, forfeits his right to compensation with respect to any period during which the employee
was required to file such report.
(3) Compensation forfeited under this subsection, if already paid, shall be recovered by a
deduction from the compensation payable to the employee in any amount and on such schedule as
determined by the deputy commissioner.
(Mar. 4, 1927, ch. 509, §8, 44 Stat. 1427; May 26, 1934, ch. 354, §§2, 3, 48 Stat. 806; June 25, 1938,
ch. 685, §§4, 5, 52 Stat. 1165; June 24, 1948, ch. 623, §2, 62 Stat. 602; July 26, 1956, ch. 735, §§2,
3, 70 Stat. 655; Pub. L. 92–576, §§5(c), 7, 9, 20(a), Oct. 27, 1972, 86 Stat. 1253, 1255, 1257, 1264;
Pub. L. 98–426, §§8, 27(a)(2), Sept. 28, 1984, 98 Stat. 1644, 1654.)
EDITORIAL NOTES
AMENDMENTS
1984—Subsec. (c)(13). Pub. L. 98–426, §8(a), redesignated compensation for loss of hearing in one ear as
subpar. (A) and for loss in both ears as subpar. (B) and added subpars. (C), (D), and (E) respecting
establishing proof of hearing loss.
Subsec. (c)(20). Pub. L. 98–426, §8(b), substituted "$7,500" for "$3,500".
Subsec. (c)(21). Pub. L. 98–426, §8(c)(1), substituted "the average weekly wages of the employee and the
employee's" for "his average weekly wages and his"; and struck out ", but subject to reconsideration of the
degree of such impairment by the deputy commissioner on his own motion or upon application of any party in
interest".
Subsec. (c)(23). Pub. L. 98–426, §8(c)(2), added par. (23).
Subsec. (d)(3), (4). Pub. L. 98–426, §8(d), redesignated par. (4) as par. (3). Former par. (3), which provided
that if an employee who was receiving compensation for permanent partial disability pursuant to subsection
(c)(21) of this section died from causes other than the injury, his survivors would receive death benefits as
provided in section 909(b)–(g) of this title, except that the percentage figures therein would be applied to the
weekly compensation payable to the employee at the time of his death multiplied by 1.5, rather than to his
average weekly wages, was struck out.
Subsec. (f)(1). Pub. L. 98–426, §8(e)(1), inserted at end of second and fourth sentences ", except that, in the
case of an injury falling within the provisions of subsection (c)(13), the employer shall provide compensation
for the lesser of such periods".
Subsec. (f)(2)(A). Pub. L. 98–426, §8(e)(2), designated existing provisions of par. (2) as subpar. (A).
Pub. L. 98–426, §8(e)(3), inserted ", except that the special fund shall not assume responsibility with
respect to such benefits (and such payments shall not be subject to cessation) in the case of any employer who
fails to comply with section 932(a) of this title".
Subsec. (f)(2)(B). Pub. L. 98–426, §8(e)(4), added subpar. (B).
Subsec. (f)(3). Pub. L. 98–426, §8(e)(5), added par. (3).
Subsec. (g). Pub. L. 98–426, §27(a)(2), substituted "Secretary" for "commission". See Transfer of Functions
note set out under section 902 of this title.
Subsec. (i)(1) to (3). Pub. L. 98–426, §8(f), substituted pars. (1) to (3) respecting procedures for approval of
a settlement by the deputy commissioner or administrative law judge for former pars. (A) and (B) respecting
settlements approved by the deputy commissioner or Secretary.
Subsec. (i)(4). Pub. L. 98–426, §8(g), added par. (4).
Subsec. (j). Pub. L. 98–426, §8(h), added subsec. (j).
1972—Subsec. (c)(20). Pub. L. 92–576, §7, included compensation for serious disfigurement of the neck
and other normally exposed areas likely to handicap the employee in securing or maintaining employment.
Subsec. (d). Pub. L. 92–576, §5(c), in revising provisions substituted par. (1), subpars. (A) to (D) and pars.
(2) to (4) for former provisions having an introductory par. and pars. (1) to (5), making the following changes:
Par. (1) incorporated former introductory par. providing for payments to survivors rather than for
payments "for the benefit of the persons after"; subpar. (A) incorporated former par. (1) providing for a
widower rather than dependent husband;
Subpar. (B) incorporated former par. (4), striking out reference to children under eighteen years, and
providing for payment in equal shares;
Subpar. (C) incorporated former par. (2) for payment in equal shares rather than one half to surviving
wife or dependent husband and one half to surviving child or children, substituting reference to "widow or
widower" for "surviving wife or dependent husband", and striking out reference to "surviving" before "child
or children";
Subpar. (D) added;
Pars. (2) and (3) added and former par. (3) struck out, such par. making it discretionary with the deputy
commissioner to appoint a guardian for receipt of minor child's compensation; and
Par. (4) incorporated former par. (5), inserting provision for payment of compensation to the special
fund except where payable under subsec. (c)(21) of this section.
Subsec. (f)(1). Pub. L. 92–576, §9(a) added par. (1) and struck out former par. (1) which provided that if an
employee received an injury which of itself would only cause permanent partial disability but which,
combined with a previous disability did in fact cause permanent total disability, the employer should provide
compensation only for the disability caused by the subsequent injury, and proviso of such former par. (1)
providing that in addition to compensation for the permanent partial disability, and after the cessation of the
payments for the prescribed period of weeks, the employee should be paid the remainder of the compensation
that would be due for permanent total disability and provision that additional compensation should be paid out
of the special fund established in section 944 of this title. See par. (2) of this subsection.
Subsec. (f)(2). Pub. L. 92–576, §9, incorporated proviso of first sentence and second sentence of former
par. (1) in provisions designated as par. (2) and struck out former par. (2) which stated that in all other cases in
which, following a previous disability, an employee received an injury which was not covered by former par.
(1), the employer should provide compensation only for the disability caused by the subsequent injury, and in
determining compensation for the subsequent injury or for death resulting therefrom, the average weekly
wages should be such sum as would reasonably represent the earning capacity of the employee at the time of
the subsequent injury. See par. (1) of this subsection.
Subsec. (i). Pub. L. 92–576, §20(a), designated existing provisions as subpar. (A), substituted "Whenever"
for "In cases under subsection (c)(21) and subsection (e) of this section, whenever", "he may approve" for "he
may, with the approval of the Secretary, approve", and "deputy commissioner" for "Secretary", and struck out
after "Provided," where first appearing "That the sum so agreed upon shall be payable in installments as
provided in section 914(b) of this title, which installments shall be subject to commutation under section
914(j) of this title; And provided further," and added subpar. (B).
1956—Subsec. (c). Act July 26, 1956, §2, increased periods in schedule of compensation as follows:
Par. (1) Arm lost, increased from two hundred and eighty to three hundred and twelve weeks'
compensation.
Par. (2) Leg lost, increased from two hundred and forty-eight to two hundred and eighty-eight weeks'
compensation.
Par. (3) Hand lost, increased from two hundred and twelve to two hundred and forty-four weeks'
compensation.
Par. (4) Foot lost, increased from one hundred and seventy-three weeks to two hundred and five weeks'
compensation.
Par. (5) Eye lost, increased from one hundred and forty to one hundred and sixty weeks' compensation.
Par. (6) Thumb lost, increased from fifty-one to seventy-five weeks' compensation.
Par. (7) First finger lost, increased from twenty-eight to forty-six weeks' compensation.
Par. (8) Great toe lost, increased from twenty-six to thirty-eight weeks' compensation.
Par. (9) Second finger lost, increased from eighteen to thirty weeks' compensation.
Par. (10) Third finger lost, increased from seventeen to twenty-five weeks' compensation.
Par. (11) Toe other than great toe lost, increased from eight to sixteen weeks' compensation.
Par. (12) Fourth finger lost, increased from seven to fifteen weeks' compensation.
Subsec. (g). Act July 26, 1956, §3, substituted "$25" for "$10".
1948—Subsec. (c). Act June 24, 1948, inserted in opening par. "or temporary partial disability", "or
subsection (e)", and "respectively".
1938—Subsec. (c). Act June 25, 1938, §4, in par. (22), inserted exception clause.
Subsecs. (h), (i). Act June 25, 1938, §5 added subsecs. (h) and (i).
1934—Subsec. (c). Act May 26, 1934, §2, inserted in opening par. "which shall be in addition to
compensation for temporary total disability paid in accordance with subsection (b) of this section" and
decreased periods in schedule of compensation of pars. (1) to (12).
Subsec. (c). Act May 26, 1934, §3, substituted new par. (22), providing that "In any case in which there
shall be a loss of, or loss of use of, more than one member or parts of more than one member set forth in
paragraphs (1) to (19) of this subdivision, not amounting to permanent total disability, the award of
compensation shall be for the loss of, or loss of use of, each such member or part thereof, which awards shall
run consecutively.", for former provisions, providing that "In case of temporary total disability and permanent
partial disability, both resulting from the same injury, if the temporary total disability continues for a longer
period than the number of weeks set forth in the following schedule, the period of temporary total disability in
excess of such number of weeks shall be added to the compensation period provided in this subdivision: Arm,
thirty-two weeks; leg, forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; eye, twenty weeks; thumb,
twenty-four weeks; first finger, eighteen weeks; great toe, twelve weeks; second finger, twelve weeks; third
finger, eight weeks; fourth finger, eight weeks; toe other than great toe, eight weeks.
"In any case resulting in loss or partial loss of arm, leg, hand, foot, eye, thumb, finger, or toe, where the
temporary total disability does not extend beyond the periods above mentioned for such injury, compensation
shall be limited to the schedule contained in this subdivision."
(f) All questions of dependency shall be determined as of the time of the injury.
(g) Aliens: Compensation under this chapter to aliens not residents (or about to become
nonresidents) of the United States or Canada shall be the same in amount as provided for residents,
except that dependents in any foreign country shall be limited to surviving wife and child or children,
or if there be no surviving wife or child or children, to surviving father or mother whom the
employee has supported, either wholly or in part, for the period of one year prior to the date of the
injury, and except that the Secretary may, at his option or upon the application of the insurance
carrier shall, commute all future installments of compensation to be paid to such aliens by paying or
causing to be paid to them one-half of the commuted amount of such future installments of
compensation as determined by the Secretary.
(Mar. 4, 1927, ch. 509, §9, 44 Stat. 1429; June 25, 1938, ch. 685, §6, 52 Stat. 1166; June 24, 1948,
ch. 623, §3, 62 Stat. 602; July 26, 1956, ch. 735, §4, 70 Stat. 655; Pub. L. 87–87, §2, July 14, 1961,
75 Stat. 203; Pub. L. 92–576, §§5(d), 10, 20(c)(2), Oct. 27, 1972, 86 Stat. 1253, 1257, 1265; Pub. L.
98–426, §§9, 27(a)(2), Sept. 28, 1984, 98 Stat. 1647, 1654.)
EDITORIAL NOTES
AMENDMENTS
1984—Pub. L. 98–426, §9(a), amended generally provision preceding subsec. (a), striking out "or if the
employee who sustains permanent total disability due to the injury thereafter dies from causes other than the
injury," after "injury causes death".
Subsec. (a). Pub. L. 98–426, §9(b), substituted "$3,000" for "$1,000".
Subsec. (e). Pub. L. 98–426, §9(c), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as
follows: "In computing death benefits the average weekly wages of the deceased shall be considered to have
been not less than the applicable national average weekly wage as prescribed in section 906(b) of this title but
the total weekly benefits shall not exceed the average weekly wages of the deceased".
Subsec. (g). Pub. L. 98–426, §27(a)(2), substituted "Secretary" for "commission". See Transfer of Functions
note set out under section 902 of this title.
1972—Pub. L. 92–576, §5(d), added to introductory provision that the compensation shall be known as a
death benefit if the employee who sustains permanent total disability due to the injury thereafter dies from
causes other than the injury.
Subsec. (a). Pub. L. 92–576, §10(a), substituted "$1,000" for "$400".
Subsec. (b). Pub. L. 92–576, §§10(b), 20(c)(2), substituted "50" for "35" per centum in three places and
"162/3" for "15" per centum in two places and "widow or widower" for "surviving wife or dependent
husband" in three places.
Subsec. (c). Pub. L. 92–576, §§10(b), 20(c)(2), substituted "50" for "35" per centum in two places and
"162/3" for "15" per centum and "widow or widower" for "surviving wife or dependent husband".
Subsec. (d). Pub. L. 92–576, §§10(c), 20(c)(2), in first sentence, substituted "husband or child," and
"husband" for "dependent husband or child" and "dependent husband" and "20" for "15" per centum, and
inserted "and any other persons who satisfy the definition of the term 'dependent' in section 152 of title 26, but
are not otherwise eligible under this section" after "time of the injury," and "during such dependency" after
"support of each such person", and in second sentence, substituted "widow or widower" for "surviving wife or
dependent husband", respectively.
Subsec. (e). Pub. L. 92–576, §10(d), substituted "less than the applicable national average weekly wage as
prescribed in section 906(b) of this title but the total weekly benefits shall not exceed the average weekly
wages of the deceased" for "more than $105 nor less than $27 but the total weekly compensation shall not
exceed the weekly wages of the deceased".
1961—Subsec. (e). Pub. L. 87–87 increased the maximum limitation with respect to average weekly wages
from "$81" to "$105" in the computation of death benefits.
1956—Subsec. (e). Act July 26, 1956, substituted "$81" for "$52.50" and "$27" for "$18".
1948—Subsec. (a). Act June 24, 1948, increased funeral expenses from $200 to $400.
Subsec. (b). Act June 24, 1948, increased benefits to children of deceased workmen from 10 percent to 15
percent.
Subsec. (c). Act June 24, 1948, increased death benefits of orphaned children from 15 percent to 35 percent.
Subsec. (e). Act June 24, 1948, correlated basis for computing death benefits with basis for computing
disability benefits under section 906(b) of this title.
1938—Subsecs. (b) to (d). Act June 25, 1938, struck out references to children as being under eighteen
years of age.
(e) If it be established that the injured employee was a minor when injured, and that under normal
conditions his wages should be expected to increase during the period of disability the fact may be
considered in arriving at his average weekly wages.
(f) Effective October 1 of each year, the compensation or death benefits payable for permanent
total disability or death arising out of injuries subject to this chapter shall be increased by the lesser
of—
(1) a percentage equal to the percentage (if any) by which the applicable national weekly wage
for the period beginning on such October 1, as determined under section 906(b) of this title,
exceeds the applicable national average weekly wage, as so determined, for the period beginning
with the preceding October 1; or
(2) 5 per centum.
(g) The weekly compensation after adjustment under subsection (f) shall be fixed at the nearest
dollar. No adjustment of less than $1 shall be made, but in no event shall compensation or death
benefits be reduced.
(h)(1) Not later than ninety days after October 27, 1972, the compensation to which an employee
or his survivor is entitled due to total permanent disability or death which commenced or occurred
prior to October 27, 1972, shall be adjusted. The amount of such adjustment shall be determined in
accordance with regulations of the Secretary by designating as the employee's average weekly wage
the applicable national average weekly wage determined under section 906(b) of this title and (A)
computing the compensation to which such employee or survivor would be entitled if the disabling
injury or death had occurred on the day following October 27, 1972, and (B) subtracting therefrom
the compensation to which such employee or survivor was entitled on October 27, 1972; except that
no such employee or survivor shall receive total compensation amounting to less than that to which
he was entitled on October 27, 1972. Notwithstanding the foregoing sentence, where such an
employee or his survivor was awarded compensation as the result of death or permanent total
disability at less than the maximum rate that was provided in this chapter at the time of the injury
which resulted in the death or disability, then his average weekly wage shall be determined by
increasing his average weekly wage at the time of such injury by the percentage which the applicable
national average weekly wage has increased between the year in which the injury occurred and the
first day of the first month following October 27, 1972. Where such injury occurred prior to 1947,
the Secretary shall determine, on the basis of such economic data as he deems relevant, the amount
by which the employee's average weekly wage shall be increased for the pre-1947 period.
(2) Fifty per centum of any additional compensation or death benefit paid as a result of the
adjustment required by paragraphs (1) and (3) of this subsection shall be paid out of the special fund
established under section 944 of this title, and 50 per centum shall be paid from appropriations.
(3) For the purposes of subsections (f) and (g) an injury which resulted in permanent total
disability or death which occurred prior to October 27, 1972, shall be considered to have occurred on
the day following such date.
(i) For purposes of this section with respect to a claim for compensation for death or disability due
to an occupational disease which does not immediately result in death or disability, the time of injury
shall be deemed to be the date on which the employee or claimant becomes aware, or in the exercise
of reasonable diligence or by reason of medical advice should have been aware, of the relationship
between the employment, the disease, and the death or disability.
(Mar. 4, 1927, ch. 509, §10, 44 Stat. 1431; June 24, 1948, ch. 623, §4, 62 Stat. 603; Pub. L. 92–576,
§11, Oct. 27, 1972, 86 Stat. 1258; Pub. L. 98–426, §10, Sept. 28, 1984, 98 Stat. 1647.)
EDITORIAL NOTES
AMENDMENTS
1984—Subsec. (d). Pub. L. 98–426, §10(a)(1), designated existing provisions as par. (1) and added par. (2).
Subsec. (f). Pub. L. 98–426, §10(b), substituted "subject to this chapter" for "sustained after October 27,
1972," and inserted "the lesser of—" after "by" in introductory language, designated balance of existing
provisions as par. (1), substituted "; or" for a period at end of par. (1), and added par. (2).
Subsec. (i). Pub. L. 98–426, §10(a)(2), added subsec. (i).
1972—Subsecs. (f) to (h). Pub. L. 92–576 added subsecs. (f) to (h).
1948—Subsec. (a). Act June 24, 1948, included a factor (a 260 multiplier) so as to make this subsec. useful
in 5-day week employments.
Subsec. (b). Act June 24, 1948, included the new factor (a 260 multiplier) to make this subsec. consistent
with subsec. (a).
Subsec. (c). Act June 24, 1948, permitted the inclusion of all earnings of the injured workman in
determining the employee's annual earning capacity.
EDITORIAL NOTES
AMENDMENTS
1984—Subsec. (a). Pub. L. 98–426, §11(a), inserted a comma after "aware" and "only by reason of medical
advice" after "diligence" and inserted "except that in the case of an occupational disease which does not
immediately result in a disability or death, such notice shall be given within one year after the employee or
claimant becomes aware, or in the exercise of reasonable diligence or by reason of medical advice should have
been aware, of the relationship between the employment, the disease, and the death or disability" in first
sentence.
Subsec. (c). Pub. L. 98–426, §11(b), inserted at end "Each employer shall designate those agents or other
responsible officials to receive such notice, except that the employer shall designate as its representatives
individuals among first line supervisors, local plant management, and personnel office officials. Such
designations shall be made in accordance with regulations prescribed by the Secretary and the employer shall
notify his employees and the Secretary of such designation in a manner prescribed by the Secretary in
regulations."
Subsec. (d)(1). Pub. L. 98–426, §11(c), substituted "(or his agent or agents or other responsible official or
officials designated by the employer pursuant to subsection (c))" for "(or his agent in charge of the business in
the place where the injury occurred)", substituted "injury or death, (2)" for "injury or death and", and
substituted "or (3)" for "or (2)".
Pub. L. 98–426, §11(c)(4), inserted "(i) notice, while not given to a responsible official designated by the
employer pursuant to subsection (c) of this section, was given to an official of the employer or the employer's
insurance carrier, and that the employer or carrier was not prejudiced due to the failure to provide notice to a
responsible official designated by the employer pursuant to subsection (c), or (ii)".
1972—Subsec. (a). Pub. L. 92–576 provided for notice of an injury or death within thirty days after the
employee or beneficiary is aware or in the exercise of reasonable diligence should have been aware of a
relationship between the injury or death and the employment.
EDITORIAL NOTES
AMENDMENTS
1984—Subsec. (b). Pub. L. 98–426 designated existing provisions as par. (1) and added par. (2).
1972—Subsec. (a). Pub. L. 92–576 inserted "Except as otherwise provided in this section" and provided
that the time for filing a claim shall not begin to run until the employee or beneficiary is aware, or by the
exercise of reasonable diligence should have been aware, of the relationship between the injury or death and
the employment.
EDITORIAL NOTES
AMENDMENTS
1984—Subsec. (b). Pub. L. 98–426, §13(a), substituted "employer has been notified pursuant to section 912
of this title, or the employer," for "employer".
Subsecs. (c), (d), (g). Pub. L. 98–426, §27(a)(2), substituted "Secretary" for "commission". See Transfer of
Functions note set out under section 902 of this title.
Subsecs. (j) to (l). Pub. L. 98–426, §13(b), redesignated subsecs. (k) and (l) as (j) and (k), respectively, and
struck out former subsec. (j) which provided that whenever the deputy commissioner determines that it was in
the interest of justice, the liability of the employer for compensation, or any part thereof as determined by the
deputy commissioner with the approval of the Secretary, could be discharged by the payment of a lump sum
equal to the present value of future compensation payments commuted, computed at 4 per centum true
discount compounded annually, that the probability of the death of the injured employee or other person
entitled to compensation before the expiration of the period during which he was entitled to compensation
would be determined in accordance with the American Experience Table of Mortality, and the probability of
the remarriage of the surviving wife would be determined in accordance with the remarriage tables of the
Dutch Royal Insurance Institution, and that the probability of the happening of any other contingency
affecting the amount or duration of the compensation would be disregarded, was struck out.
1972—Subsec. (f). Pub. L. 92–576, §15(d), substituted "order staying payment has been issued by the
Board or court" for "interlocutory injunction staying payments is allowed by the court as provided therein".
Subsec. (m). Pub. L. 92–576, §5(e), repealed subsec. (m) limiting aggregate money allowance for an injury
under this chapter to $24,000, making the limitation inapplicable to cases of permanent total disability or
death, and providing that in applying the limitation there shall not be taken into account any amount payable
under section 908(g) of this title for maintenance during rehabilitation or any amount of additional
compensation required to be paid under this section for delay or default in the payment of compensation or
any amount accruing as interest upon defaulted compensation collectible under section 918 of this title.
1961—Subsec. (m). Pub. L. 87–87 increased limitation on total money allowance as compensation for
injury from "$17,280" to "$24,000".
1956—Subsec. (m). Act July 26, 1956, provided for maximum money allowance of $17,280 in lieu of total
compensation of $11,000, struck out additional former limit of $10,000 for disabilities compensable under
section 908(c)(21) of this title, and inserted provision excepting from $17,280 limitation, amounts payable
under section 908(g) of this title for maintenance during rehabilitation, and amounts payable under this section
for delay or default in payment of compensation or interest collectible under section 918 of this title.
1948—Subsec. (m). Act June 24, 1948, increased overall statutory maximum limitation upon compensation
for disability from $7,500 to $11,000, and fixed a sublimitation of $10,000 upon that particular compensation
for permanent partial disability which is payable when the case is classified as one in which compensation
shall be payable under section 908(c)(21) of this title, but neither limitation shall apply for permanent total
disability or death.
1938—Subsec. (f). Act June 25, 1938, inserted "and an interlocutory injunction staying payments is allowed
by the court as provided therein".
1934—Subsec. (j). Act May 26, 1934, substituted "in the interest of justice" for "for the best interests of a
person entitled to compensation", inserted "or any part thereof as determined by the deputy commissioner with
the approval of the Commission", and inserted provision for determining probability of remarriage.
EDITORIAL NOTES
AMENDMENTS
1984—Pub. L. 98–426 struck out "(b)" before "Where a trust fund which complies", substituted "covered
under this chapter" for "entitled to compensation under this chapter", and substituted "this chapter or under a
settlement, the Secretary shall authorize" for "this chapter, the Secretary may authorize".
1978—Subsec. (a). Pub. L. 95–598 repealed provision for lien of person entitled to compensation without
limit of amount against assets of carrier or employer and for preference and priority in distribution of assets of
such carrier or employer, or both upon insolvency, bankruptcy, or reorganization in bankruptcy proceedings of
the carrier or employer, or both.
1972—Pub. L. 92–576 designated existing provisions as subsec. (a) and added subsec. (b).
1938—Act June 25, 1938, amended section generally. Prior to amendment, section read as follows:
"Compensation shall have the same preference of lien against the assets of the carrier or employer without
limit of amount as is now or may hereafter be allowed by law to the claimant for unpaid wages or otherwise".
EDITORIAL NOTES
CODIFICATION
As originally enacted, subsec. (a) contained a reference to the Supreme Court of the District of Columbia.
Act June 25, 1936, substituted "the district court of the United States for the District of Columbia" for "the
Supreme Court of the District of Columbia", and act June 25, 1948, as amended by act May 24, 1949,
substituted "United States District Court for the District of Columbia" for "district court of the United States
for the District of Columbia".
AMENDMENTS
1984—Subsec. (b). Pub. L. 98–426 struck out ", including the right of lien and priority provided for by
section 917 of this title," after "shall be subrogated to all the rights of the person receiving such payment or
benefits".
1956—Act July 26, 1956, designated existing provisions as subsec. (a) and added subsec. (b).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a
note under section 901 of this title.
EDITORIAL NOTES
AMENDMENTS
1984—Subsecs. (a), (b), (g), (h). Pub. L. 98–426, §27(a)(2), substituted "Secretary" for "commission". See
Transfer of Functions note under section 902 of this title.
1978—Subsec. (d). Pub. L. 95–251 substituted references to administrative law judges for references to
hearing examiners.
1972—Subsec. (d). Pub. L. 92–576 substituted provisions for conduct of hearings under section 554 of title
5 by a hearing examiner qualified under section 3105 of title 5 and vesting in hearing examiners the powers,
duties, and responsibilities vested in deputy commissioners on Oct. 27, 1972, for former provisions
authorizing claimant and employer to present evidence with respect to claims and for representation of a
claimant under a written authorization.
1960—Subsecs. (c), (e). Pub. L. 86–507 inserted "or by certified mail" after "registered mail".
1938—Subsec. (g). Act June 25, 1938, authorized transfer of cases, with administrative approval, at any
time after filing of claim for the additional purposes of making investigations and taking other necessary
action instead of after issuance of compensation order without anyone's approval.
§920. Presumptions
In any proceeding for the enforcement of a claim for compensation under this chapter it shall be
presumed, in the absence of substantial evidence to the contrary—
(a) That the claim comes within the provisions of this chapter.
(b) That sufficient notice of such claim has been given.
(c) That the injury was not occasioned solely by the intoxication of the injured employee.
(d) That the injury was not occasioned by the willful intention of the injured employee to injure or
kill himself or another.
(Mar. 4, 1927, ch. 509, §20, 44 Stat. 1436.)
EDITORIAL NOTES
CODIFICATION
As originally enacted, subsec. (d) contained a reference to the Supreme Court of the District of Columbia.
Act June 25, 1936, substituted "the district court of the United States for the District of Columbia" for "the
Supreme Court of the District of Columbia", and act June 25, 1948, as amended by act May 24, 1949,
substituted "United States District Court for the District of Columbia" for "district court of the United States
for the District of Columbia".
AMENDMENTS
1984—Subsec. (b)(1). Pub. L. 98–426, §15(1), (2), substituted "five" for "three", and inserted "The
Chairman shall have the authority, as delegated by the Secretary, to exercise all administrative functions
necessary to operate the Board."
Subsec. (b)(2). Pub. L. 98–426, §15(3), substituted "three" for "two" wherever appearing.
Subsec. (b)(5). Pub. L. 98–426, §15(4), added par. (5).
1978—Subsec. (b)(4). Pub. L. 95–251 substituted "administrative law judge" for "hearing examiner".
1972—Subsec. (b). Pub. L. 92–576, §15(a), added subsec. (b). Former provisions of subsec. (b) for
injunction proceedings to suspend or set aside a compensation order by a party in interest against a deputy
commissioner in Federal district court for judicial district where injury occurred superseded by subsec. (c) of
this section and former provisions of such subsec. (b) respecting service of process and stay of payments,
except for the procedural requirement of an interlocutory injunction to the court and hearing on at least three
days' notice to the parties in interest and the deputy commissioner, incorporated in subsec. (c) of this section.
Subsecs. (c) to (e). Pub. L. 92–576, §15(a), (b), added subsec. (c) and redesignated former subsecs. (c) and
(d) as (d) and (e), respectively.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a
note under section 901 of this title.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92–576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92–576, set
out as a note under section 902 of this title.
REVIEW OF DECISIONS MADE BY OR PENDING BEFORE BENEFITS REVIEW BOARD
Pub. L. 108–447, div. F, title I, Dec. 8, 2004, 118 Stat. 3121, which provided in part that no funds made
available by div. F were to be used by the Solicitor of Labor or the Secretary of Labor to review certain
decisions made by or pending before the Benefits Review Board under the Longshore and Harbor Workers'
Compensation Act, and deemed such decisions pending review by the Board for more than 1 year to be
affirmed by and the final order of the Board for purposes of obtaining review in the United States courts of
appeals, was from the Departments of Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2005, and was not repeated in subsequent appropriations acts. Similar
provisions were contained in the following prior appropriation acts:
Pub. L. 108–199, div. E, title I, Jan. 23, 2004, 118 Stat. 234.
Pub. L. 108–7, div. G, title I, Feb. 20, 2003, 117 Stat. 306.
Pub. L. 107–116, title I, Jan. 10, 2002, 115 Stat. 2184.
Pub. L. 106–554, §1(a)(1) [title I], Dec. 21, 2000, 114 Stat. 2763, 2763A–10.
Pub. L. 106–113, div. B, §1000(a)(4) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A–224.
Pub. L. 105–277, div. A, §101(f) [title I], Oct. 21, 1998, 112 Stat. 2681–337, 2681–345.
Pub. L. 105–78, title I, Nov. 13, 1997, 111 Stat. 1475.
Pub. L. 104–208, div. A, title I, §101(e) [title I], Sept. 30, 1996, 110 Stat. 3009–233, 3009–241.
Pub. L. 104–134, title I, §101(d) [title I], Apr. 26, 1996, 110 Stat. 1321–211, 1321–218; renumbered title I,
Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327.
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in text, probably should have been a reference to act Mar. 4, 1927, ch. 509, 44 Stat.
1424, known as the Longshore and Harbor Workers' Compensation Act, which is classified generally to this
chapter. This section was not enacted as part of that Act, see Codification note below. For complete
classification of act Mar. 4, 1927, to the Code, see section 901 of this title and Tables.
CODIFICATION
Section was not enacted as part of the Longshore and Harbor Workers' Compensation Act which comprises
this chapter.
AMENDMENTS
1972—Pub. L. 92–576, which directed the general amendment of "[s]ection 21a of the Act", meaning
section 21a of act Mar. 4, 1927, was executed to this section, which is act May 4, 1928, ch. 502, to reflect the
probable intent of Congress. Act Mar. 4, 1927, does not contain a section 21a. Prior to amendment, section
required the United States attorney in the judicial district in which a case was pending to appear as attorney or
counsel on behalf of the Secretary of Labor or his deputy commissioner when either was a party to the case or
interested, and to represent such Secretary or deputy in any court in which such case could be carried on
appeal.
EDITORIAL NOTES
AMENDMENTS
1984—Pub. L. 98–426, §16, inserted "(including an employer or carrier which has been granted relief under
section 908(f) of this title)" after "party in interest" and "(including a case under which payments are made
pursuant to section 941(i) of this title)" after "review a compensation case" and inserted at end "This section
does not authorize the modification of settlements."
Pub. L. 98–426, §27(a)(2), substituted "Secretary" for "commission". See Transfer of Functions note set out
under section 902 of this title.
1938—Act June 25, 1938, permitted review of compensation case at any time prior to one year after
rejection of claim and authorized award of compensation.
1934—Act May 26, 1934, permitted review based on a mistake in a determination of fact; substituted
provision for review of compensation case at any time prior to one year after date of last payment of
compensation, whether or not compensation order was issued, for original provision for review at any time
during term of award and after compensation order in respect of such award had become final; authorized
reinstatement of compensation; and inserted exception clause.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a
note under section 901 of this title.
EDITORIAL NOTES
AMENDMENTS
1984—Subsec. (b). Pub. L. 98–426 substituted "Secretary" for "commission". See Transfer of Functions
note set out under section 902 of this title.
1972—Pub. L. 92–576 inserted references to the Board in subsecs. (a) and (b).
§924. Witnesses
No person shall be required to attend as a witness in any proceeding before a deputy commissioner
at a place outside of the State of his residence and more than one hundred miles from his place of
residence, unless his lawful mileage and fee for one day's attendance shall be first paid or tendered to
him; but the testimony of any witness may be taken by deposition or interrogatories according to the
rules of practice of the Federal district court for the judicial district in which the case is pending (or
of the United States District Court for the District of Columbia if the case is pending in the District).
(Mar. 4, 1927, ch. 509, §24, 44 Stat. 1437; June 25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch.
646, §32(b), 62 Stat. 991; May 24, 1949, ch. 139, §127, 63 Stat. 107.)
EDITORIAL NOTES
CODIFICATION
As originally enacted, this section contained a reference to the Supreme Court of the District of Columbia.
Act June 25, 1936, substituted "the district court of the United States for the District of Columbia" for "the
Supreme Court of the District of Columbia", and act June 25, 1948, as amended by act May 24, 1949,
substituted "United States District Court for the District of Columbia" for "district court of the United States
for the District of Columbia".
EDITORIAL NOTES
CODIFICATION
As originally enacted, subsec. (b) contained a reference to the Supreme Court of the District of Columbia.
Act June 25, 1936, substituted "the district court of the United States for the District of Columbia" for "the
Supreme Court of the District of Columbia", and act June 25, 1948, as amended by act May 24, 1949,
substituted "United States District Court for the District of Columbia" for "district court of the United States
for the District of Columbia".
AMENDMENTS
1972—Subsecs. (a), (b). Pub. L. 92–576 inserted references to the Board.
EDITORIAL NOTES
AMENDMENTS
1984—Subsec. (e). Pub. L. 98–426 substituted "a fee, gratuity, or other consideration" for "any fees, other
consideration, or any gratuity"; "with respect to" for "in respect of"; and "both" for "by both such fine and
imprisonment"; and inserted "under this chapter," after "compensation".
1972—Subsec. (a). Pub. L. 92–576 substituted provisions respecting payment of attorney's fee for
successful prosecution of claim for former provisions respecting approval by deputy commissioner or court of
claims for legal services or for any other services rendered in respect of a claim or award for compensation
and for lien upon the compensation in the manner and to the extent fixed by the deputy commissioner or the
court. See subsec. (c).
Subsecs. (b) to (e). Pub. L. 92–576 added subsecs. (b) to (d), redesignated former subsec. (b) as (e), and in
subsec. (e), as so redesignated, struck out item (1) and (2) designations before "who", substituted "services
rendered as a representative of a claimant" for "services so rendered", and included approval by the Board.
EDITORIAL NOTES
AMENDMENTS
1984—Pub. L. 98–426, §27(a)(2), substituted "Secretary" for "commission". See Transfer of Functions note
set out under section 902 of this title.
EDITORIAL NOTES
AMENDMENTS
1984—Subsec. (a). Pub. L. 98–426, §18(a)(1), inserted ", which causes loss of one or more shifts of work,"
after "Within ten days from the date of any injury".
Pub. L. 98–426, §27(a)(2), substituted "Secretary" for "commission". See Transfer of Functions note set out
under section 902 of this title.
Pub. L. 98–426, §18(a)(2), inserted at end "Notwithstanding the requirements of this subsection, each
employer shall keep a record of each and every injury regardless of whether such injury results in the loss of
one or more shifts of work."
Subsecs. (b), (d). Pub. L. 98–426, §27(a)(2), substituted "Secretary" for "commission". See Transfer of
Functions note set out under section 902 of this title.
Subsec. (e). Pub. L. 98–426, §18(b), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as
follows: "Any employer who fails or refuses to send any report required of him by this section shall be subject
to a civil penalty not to exceed $500 for each such failure or refusal."
1938—Subsec. (f). Act June 25, 1938, added subsec. (f).
(C) Notwithstanding subparagraph (B), no individual who is on the list required to be maintained
by the Secretary pursuant to this section shall be prohibited from presenting his or her own claim or
from representing without fee, a claimant who is a spouse, mother, father, sister, brother, or child of
such individual.
(D) A determination under subparagraph (A) shall remain in effect for a period of not less than
three years and until the Secretary finds and gives notice to the public that there is reasonable
assurance that the basis for the determination will not reoccur.
(3) No employee shall be liable to pay a representation fee to any representative whose fee has
been disallowed by reason of the operation of this paragraph.
(4) The Secretary shall issue such rules and regulations as are necessary to carry out this section.
(c) False statements or representation to reduce, deny, or terminate benefits
A person including, but not limited to, an employer, his duly authorized agent, or an employee of
an insurance carrier who knowingly and willfully makes a false statement or representation for the
purpose of reducing, denying, or terminating benefits to an injured employee, or his dependents
pursuant to section 909 of this title if the injury results in death, shall be punished by a fine not to
exceed $10,000, by imprisonment not to exceed five years, or by both.
(Mar. 4, 1927, ch. 509, §31, 44 Stat. 1439; Pub. L. 98–426, §19, Sept. 28, 1984, 98 Stat. 1650.)
EDITORIAL NOTES
AMENDMENTS
1984—Pub. L. 98–426 designated existing provisions as subsec. (a)(1), substituted "Any claimant or
representative of a claimant who knowingly and willfully makes a false statement or representation for the
purpose of obtaining a benefit or payment under this chapter shall be guilty of a felony, and on conviction
thereof shall be punished by a fine not to exceed $10,000, by imprisonment not to exceed five years, or by
both" for "Any person who willfully makes any false or misleading statement or representation for the purpose
of obtaining any benefit or payment under this chapter shall be guilty of a misdemeanor and on conviction
thereof shall be punished by a fine of not to exceed $1,000 or by imprisonment of not to exceed one year, or
by both such fine and imprisonment", and added subsecs. (a)(2), (b), and (c).
(b) In granting authorization to any carrier to insure payment of compensation under this chapter
the Secretary may take into consideration the recommendation of any State authority having
supervision over carriers or over workmen's compensation, and may authorize any carrier to insure
the payment of compensation under this chapter in a limited territory. Any marine protection and
indemnity mutual insurance corporation or association, authorized to write insurance against liability
for loss or damage from personal injury and death, and for other losses and damages, incidental to or
in respect of the ownership, operation, or chartering of vessels on a mutual assessment plan, shall be
deemed a qualified carrier to insure compensation under this chapter. The Secretary may suspend or
revoke any such authorization for good cause shown after a hearing at which the carrier shall be
entitled to be heard in person or by counsel and to present evidence. No suspension or revocation
shall affect the liability of any carrier already incurred.
(Mar. 4, 1927, ch. 509, §32, 44 Stat. 1439; Pub. L. 98–426, §§20, 27(a)(2), Sept. 28, 1984, 98 Stat.
1652, 1654.)
EDITORIAL NOTES
AMENDMENTS
1984—Subsec. (a)(1). Pub. L. 98–426, §27(a)(2), substituted "Secretary" for "commission". See Transfer of
Functions note set out under section 902 of this title.
Subsec. (a)(2). Pub. L. 98–426, §20, inserted "based on the employer's financial condition, the employer's
previous record of payments, and other relevant factors," after "in an amount determined by the commission,".
Pub. L. 98–426, §27(a)(2), substituted "Secretary" for "commission". See Transfer of Functions note set out
under section 902 of this title.
Subsec. (b). Pub. L. 98–426, §27(a)(2), substituted "Secretary" for "commission". See Transfer of Functions
note set out under section 902 of this title.
(2) The employer shall pay any excess to the person entitled to compensation or to the
representative.
(f) Institution of proceedings by person entitled to compensation
If the person entitled to compensation institutes proceedings within the period prescribed in
subsection (b) the employer shall be required to pay as compensation under this chapter a sum equal
to the excess of the amount which the Secretary determines is payable on account of such injury or
death over the net amount recovered against such third person. Such net amount shall be equal to the
actual amount recovered less the expenses reasonably incurred by such person in respect to such
proceedings (including reasonable attorneys' fees).
(g) Compromise obtained by person entitled to compensation
(1) If the person entitled to compensation (or the person's representative) enters into a settlement
with a third person referred to in subsection (a) for an amount less than the compensation to which
the person (or the person's representative) would be entitled under this chapter, the employer shall be
liable for compensation as determined under subsection (f) only if written approval of the settlement
is obtained from the employer and the employer's carrier, before the settlement is executed, and by
the person entitled to compensation (or the person's representative). The approval shall be made on a
form provided by the Secretary and shall be filed in the office of the deputy commissioner within
thirty days after the settlement is entered into.
(2) If no written approval of the settlement is obtained and filed as required by paragraph (1), or if
the employee fails to notify the employer of any settlement obtained from or judgment rendered
against a third person, all rights to compensation and medical benefits under this chapter shall be
terminated, regardless of whether the employer or the employer's insurer has made payments or
acknowledged entitlement to benefits under this chapter.
(3) Any payments by the special fund established under section 944 of this title shall be a lien
upon the proceeds of any settlement obtained from or judgment rendered against a third person
referred to under subsection (a). Notwithstanding any other provision of law, such lien shall be
enforceable against such proceeds, regardless of whether the Secretary on behalf of the special fund
has agreed to or has received actual notice of the settlement or judgment.
(4) Any payments by a trust fund described in section 917 of this title shall be a lien upon the
proceeds of any settlement obtained from or judgment recorded against a third person referred to
under subsection (a). Such lien shall have priority over a lien under paragraph (3) of this subsection.
(h) Subrogation
Where the employer is insured and the insurance carrier has assumed the payment of the
compensation, the insurance carrier shall be subrogated to all the rights of the employer under this
section.
(i) Right to compensation as exclusive remedy
The right to compensation or benefits under this chapter shall be the exclusive remedy to an
employee when he is injured, or to his eligible survivors or legal representatives if he is killed, by the
negligence or wrong of any other person or persons in the same employ: Provided, That this
provision shall not affect the liability of a person other than an officer or employee of the employer.
(Mar. 4, 1927, ch. 509, §33, 44 Stat. 1440; June 25, 1938, ch. 685, §§12, 13, 52 Stat. 1168; Pub. L.
86–171, Aug. 18, 1959, 73 Stat. 391; Pub. L. 92–576, §15(f)–(h), Oct. 27, 1972, 86 Stat. 1262; Pub.
L. 98–426, §21, Sept. 28, 1984, 98 Stat. 1652.)
EDITORIAL NOTES
AMENDMENTS
1984—Subsec. (b). Pub. L. 98–426, §21(a), substituted "Acceptance of compensation under an award in a
compensation order filed by the deputy commissioner, an administrative law judge, or the Board shall operate
as an assignment to the employer of all rights of the person entitled to compensation to recover damages
against such third person unless such person shall commence an action against such third person within six
months after such acceptance" for "Acceptance of such compensation under an award in a compensation order
filed by the deputy commissioner or Board shall operate as an assignment to the employer of all right of the
person entitled to compensation to recover damages against such third person unless such person shall
commence an action against such third person within six months after such award" and inserted at end "If the
employer fails to commence an action against such third person within ninety days after the cause of action is
assigned under this section, the right to bring such action shall revert to the person entitled to compensation.
For the purpose of this subsection, the term 'award' with respect to a compensation order means a formal order
issued by the deputy commissioner, an administrative law judge, or Board."
Subsec. (e)(2). Pub. L. 98–426, §21(b), struck out ", less one-fifth of such excess which shall belong to the
employer" after "or to the representative".
Subsec. (f). Pub. L. 98–426, §21(c)(1), inserted "net" before "amount recovered".
Pub. L. 98–426, §21(c)(2), inserted at end "Such net amount shall be equal to the actual amount recovered
less the expenses reasonably incurred by such person in respect to such proceedings (including reasonable
attorneys' fees)."
Subsec. (g). Pub. L. 98–426, §21(d), designated existing provisions as par. (1), substituted "If the person
entitled to compensation (or the person's representative) enters into a settlement with a third person referred to
in subsection (a) for an amount less than the compensation to which the person (or the person's representative)
would be entitled under this chapter, the employer shall be liable for compensation as determined under
subsection (f) only if written approval of the settlement is obtained from the employer and the employer's
carrier, before the settlement is executed, and by the person entitled to compensation (or the person's
representative)" for "If compromise with such third person is made by the person entitled to compensation or
such representative of an amount less than the compensation to which such person or representative would be
entitled to under this chapter the employer shall be liable for compensation as determined in subsection (f)
only if the written approval of such compromise is obtained from the employer and its insurance carrier by the
person entitled to compensation or such representative at the time of or prior to such compromise on a form
provided by the Secretary and filed in the office of the deputy commissioner having jurisdiction of such injury
or death within thirty days after such compromise is made", inserted at end "The approval shall be made on a
form provided by the Secretary and shall be filed in the office of the deputy commissioner within thirty days
after the settlement is entered into.", and added pars. (2) to (4).
1972—Subsecs. (b), (e)(1)(A). Pub. L. 92–576, §15(f), (g), inserted "or Board" after "deputy
commissioner".
Subsec. (g). Pub. L. 92–576, §15(h), substituted "if the written approval of such compromise is obtained
from the employer and its insurance carrier by the person entitled to compensation or such representative at
the time of or prior to such compromise on a form provided by the Secretary and filed in the office of the
deputy commissioner having jurisdiction of such injury or death within thirty days after such compromise is
made" for "if such compromise is made with his written approval".
1959—Subsec. (a). Pub. L. 86–171 inserted "or a person or persons in his employ" after "employer" and
substituted "he need not elect whether" for "he may elect, by giving notice to the deputy commissioner in such
manner as the Secretary may provide,".
Subsec. (b). Pub. L. 86–171 inserted "unless such person shall commence an action against such third
person within six months after such award".
Subsec. (c). Pub. L. 86–171 struck out ", whether or not the representative has notified the deputy
commissioner of his election" after "third person".
Subsec. (d). Pub. L. 86–171 reenacted subsec. (d) without change.
Subsec. (e). Pub. L. 86–171 substituted "Secretary" for "Commission" in par. (1)(D) and inserted in par. (2)
"less one-fifth of such excess which shall belong to the employer".
Subsec. (f). Pub. L. 86–171 struck out "or the representative elects to recover damages against such third
person and notifies the Secretary of his election and" before "institutes" and substituted "subsection (b)" for
"section 913 of this title" and "Secretary" for "Commission".
Subsec. (g). Pub. L. 86–171 corrected reference to "subsection (e)" to read "subsection (f)".
Subsecs. (h), (i). Pub. L. 86–171 redesignated subsec. (i) as (h) and struck out former subsec. (h) that
permitted the deputy commissioner to make an election for a minor or to authorize the parent or guardian to
make the election.
1938—Subsec. (b). Act June 25, 1938, §12, inserted "under an award in a compensation order filed by the
deputy commissioner" and struck out ", whether or not the person entitled to compensation has notified the
deputy commissioner of his election" at end of sentence.
Subsec. (e). Act June 25, 1938, §12, redesignated par. (1)(C) as par. (1)(C) and (D) and included in said par.
(1)(D) the present value of the cost of benefits furnished.
Subsec. (i). Act June 25, 1938, §13, added subsec. (i).
EDITORIAL NOTES
AMENDMENTS
1984—Pub. L. 98–426 substituted "Secretary" for "commission". See Transfer of Functions note set out
under section 902 of this title.
EDITORIAL NOTES
AMENDMENTS
1984—Pub. L. 98–426 substituted "Secretary" for "commission". See Transfer of Functions note set out
under section 902 of this title.
1972—Pub. L. 92–576 inserted reference to the Board in cls. (2) and (3).
§938. Penalties
(a) Failure to secure payment of compensation
Any employer required to secure the payment of compensation under this chapter who fails to
secure such compensation shall be guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or by
both such fine and imprisonment; and in any case where such employer is a corporation, the
president, secretary, and treasurer thereof shall be also severally liable to such fine or imprisonment
as herein provided for the failure of such corporation to secure the payment of compensation; and
such president, secretary, and treasurer shall be severally personally liable, jointly with such
corporation, for any compensation or other benefit which may accrue under the said chapter in
respect to any injury which may occur to any employee of such corporation while it shall so fail to
secure the payment of compensation as required by section 932 of this title.
(b) Avoiding payment of compensation
Any employer who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of,
conceals, secretes, or destroys any property belonging to such employer, after one of his employees
has been injured within the purview of this chapter, and with intent to avoid the payment of
compensation under this chapter to such employee or his dependents, shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $10,000, or
by imprisonment for not more than one year, or by both such fine and imprisonment; and in any case
where such employer is a corporation, the president, secretary, and treasurer thereof shall be also
severally liable to such penalty of imprisonment as well as jointly liable with such corporation for
such fine.
(c) Effect on other liability of employer
This section shall not affect any other liability of the employer under this chapter.
(Mar. 4, 1927, ch. 509, §38, 44 Stat. 1442; June 25, 1938, ch. 685, §14, 52 Stat. 1168; Pub. L.
98–426, §22, Sept. 28, 1984, 98 Stat. 1653.)
EDITORIAL NOTES
AMENDMENTS
1984—Subsecs. (a), (b). Pub. L. 98–426 substituted "$10,000" for "$1,000" wherever appearing.
1938—Act June 25, 1938, amended section generally, designating first sentence as subsec. (a) and inserting
provisions respecting liability of corporate officers, adding subsec. (b), and designating second sentence as
subsec. (c).
EDITORIAL NOTES
REFERENCES IN TEXT
Section 945 of this title, referred to in subsec. (a), was repealed by Pub. L. 98–426, §25, Sept. 28, 1984, 98
Stat. 1654. See section 944 of this title.
CODIFICATION
In subsec. (a) "chapter 51 and subchapter III of chapter 53 of title 5" substituted for "the Classification Act
of 1949, as amended" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of
which enacted Title 5, Government Organization and Employees.
As originally enacted, subsec. (b) contained a reference to the Supreme Court of the District of Columbia.
Act June 25, 1936, substituted "the district court of the United States for the District of Columbia" for "the
Supreme Court of the District of Columbia", and act June 25, 1948, as amended by act May 24, 1949,
substituted "United States District Court for the District of Columbia" for "district court of the United States
for the District of Columbia".
Former second sentence of subsec. (c), providing that the Federal Board for Vocational Education should
cooperate with the Employees' Compensation Commission in such educational work has been omitted. The
functions of the Board were transferred to the Department of the Interior by Ex. Ord. No. 6166, §15, June 10,
1933, and then to the Federal Security Agency by Reorg. Plan No. 1 of 1939, §§201, 204, eff. July 1, 1939, 4
F.R. 2728, 53 Stat. 1424. The Commission was abolished and its functions transferred to the Federal Security
Administrator and the Federal Board for Vocational Education was abolished by Reorg. Plan No. 2 of 1946,
former sections 3 and 8, respectively, set out in the Appendix to Title 5, Government Organization and
Employees.
AMENDMENTS
1984—Subsec. (a). Pub. L. 98–426, §27(c), substituted "Secretary" for "United States Employees'
Compensation Commission". See Transfer of Functions note set out under section 902 of this title.
Subsecs. (b), (c)(2). Pub. L. 98–426, §27(a)(2), substituted "Secretary" for "commission". See Transfer of
Functions note set out under section 902 of this title.
1972—Subsec. (c). Pub. L. 92–576 added par. (1) and redesignated existing provisions as par. (2).
1956—Subsec. (c). Act July 26, 1956, substituted "rehabilitation" for "education" at end of first sentence,
and substituted last two sentences, relating to use of special fund where necessary rehabilitation services are
not available, and availability of fund in amounts authorized annually for the Department of Labor for former
sentence which provided that "If any surplus is left in any fiscal year in the fund provided for in section 944 of
this title, such surplus may be used in subsequent fiscal years for the purposes of administration and
investigation."
1949—Subsec. (a). Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of
1923".
EDITORIAL NOTES
CODIFICATION
In subsec. (b) "chapter 51 and subchapter III of chapter 53 of title 5" substituted for "the Classification Act
of 1949, as amended" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of
which enacted Title 5, Government Organization and Employees.
AMENDMENTS
1984—Subsecs. (a) to (e). Pub. L. 98–426 substituted "Secretary" for "commission". See Transfer of
Functions note set out under section 902 of this title.
1972—Subsec. (f). Pub. L. 92–576 inserted references to Board member.
1949—Subsec. (b). Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of
1923".
EDITORIAL NOTES
REFERENCES IN TEXT
Title 52 of the Revised Statutes, referred to in subsec. (a), consisted of R.S. §§4399 to 4500, which were
classified to sections 170, 214, 215, 222, 224, 224a, 226, 228, 229, 230 to 234, 239, 240, 361, 362, 364, 371 to
373, 375 to 382, 384, 385, 391, 391a, 392 to 394, 399 to 404, 405 to 416, 435 to 440, 451 to 453, 460, 461 to
463, 464, 466, 467 to 482, and 489 to 498 of former Title 46, Shipping. For complete classification of R.S.
§§4399 to 4500 to the Code, see Tables. A majority of such sections of the Revised Statutes were repealed and
various provisions thereof were reenacted in Title 46, Shipping, by Pub. L. 98–89, Aug. 26, 1983, 97 Stat.
500. For disposition of sections of former Title 46 into revised Title 46, see Disposition Table preceding
section 101 of Title 46.
Act of June 15, 1917, referred to in subsec. (a), is act June 15, 1917, ch. 30, 40 Stat. 217, as amended. For
complete classification of this Act to the Code, see Tables.
Act of August 7, 1953, referred to in subsec. (g)(1), is known as the Outer Continental Shelf Lands Act, and
is classified to subchapter III (§1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete
classification of this Act to the Code, see Short Title note set out under section 1301 of Title 43 and Tables.
Act of May 22, 1953, referred to in subsec. (g)(1), is known as the Submerged Lands Act, and is classified
generally to subchapters I and II (§§1301 et seq., 1311 et seq.) of chapter 29 of Title 43. For complete
classification of this Act to the Code, see Short Title note set out under section 1301 of Title 43 and Tables.
Act of May 17, 1928, referred to in subsec. (g)(1), extended the applicability of this chapter in respect to the
injury or death of an employee of an employer carrying on any employment in the District of Columbia.
Act of August 16, 1941, referred to in subsec. (g)(1), is known as the Defense Base Act and is classified
generally to chapter 11 (§1651 et seq.) of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out under section 1651 of Title 42 and Tables.
CODIFICATION
In subsec. (b)(5), "subsections (b) to (f) of section 6507 of title 41" substituted for "section 5 of the Act of
June 30, 1936 (ch. 881, 49 Stat. 2036), as amended," on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124
Stat. 3854, which Act enacted Title 41, Public Contracts.
In subsec. (d) "section 552 of title 5" substituted for "section 3 of the Administrative Procedure Act (ch.
324, 60 Stat. 237), as amended", and in subsec. (g)(2) "subchapter I of chapter 81 of title 5" substituted for
"the Act of September 7, 1916 (ch. 458, 39 Stat. 742), as amended", on authority of Pub. L. 89–554, §7(b),
Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and
Employees. Said section 3 of the Administrative Procedure Act had been classified to section 1002 of former
Title 5, Executive Departments and Government Officers and Employees. Said act of Sept. 7, 1916, was
known as the "Federal Employees' Compensation Act" and had been classified to section 751 et seq. of former
Title 5.
As originally enacted, subsec. (e) contained the phrase ", together with the District Court for the Territory
of Alaska," following "the United States district courts". The phrase has been deleted as superfluous in view
of Pub. L. 85–508, July 7, 1958, 72 Stat. 339 (set out as a note preceding section 21 of Title 48, Territories
and Insular Possessions) which admitted Alaska into the union and enacted section 81A of Title 28, Judiciary
and Judicial Procedure, constituting Alaska as one judicial district and in view of section 132 of Title 28
which provides that: "There shall be in each judicial district a district court which shall be a court of record
known as the United States District Court for the district."
AMENDMENTS
1982—Subsec. (b)(1). Pub. L. 97–375 struck out "and from time to time make to Congress such
recommendations as he may deem proper as to the best means of preventing such injuries" after "by this
chapter".
1958—Pub. L. 85–742 amended section generally and, among other changes, empowered the Secretary of
Labor to prescribe, by regulation or order, safety rules for the furnishing and maintenance of safe places of
employment and for the installation, furnishing and maintenance of safety devices and safeguards, authorized
the Secretary to provide for the establishment and supervision of safety programs, permitted the inspection of
places of employment and investigation of employment conditions and practices, granted jurisdiction to the
district courts to restrain violations of this section or of any rules, regulations or orders of the Secretary, and to
prescribe penalties for violations.
EDITORIAL NOTES
PRIOR PROVISIONS
A prior section 942, act Mar. 4, 1927, ch. 509, §42, 44 Stat. 1444, related to travel and subsistence
expenses. See section 5701 et seq. of Title 5, Government Organization and Employees.
AMENDMENTS
1995—Pub. L. 104–66 substituted "end of each fiscal year" for "beginning of each regular session,
commencing at the beginning of the second regular session after September 28, 1984" and inserted at end
"Such report shall include the annual report required under section 936(b) of title 30 and shall be identified as
the Annual Report of the Office of Workers' Compensation Programs."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE
Section effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as an Effective Date of
1984 Amendment note under section 901 of this title.
(3) All amounts collected as fines and penalties under the provisions of this chapter shall be
paid into such fund.
(d) Investigations; records, availability; recordkeeping; provisions of sections 49 and 50 of title
15 applicable to Secretary
(1) For the purpose of making rules, regulations, and determinations under this section under and
for providing enforcement thereof, the Secretary may investigate and gather appropriate data from
each carrier and self-insurer. For that purpose, the Secretary may enter and inspect such places and
records (and make such transcriptions thereof), question such employees, and investigate such facts,
conditions, practices, or matters as he may deem necessary or appropriate.
(2) Each carrier and self-insurer shall make, keep, and preserve such records, and make such
reports and provide such additional information, as prescribed by regulation or order of the
Secretary, as the Secretary deems necessary or appropriate to carry out his responsibilities under this
section.
(3) For the purpose of any hearing or investigation related to determinations or the enforcement of
the provisions of this section, the provisions of sections 49 and 50 of title 15 (relating to the
attendance of witnesses and the production of books, papers, and documents) are hereby made
applicable to the jurisdiction, powers, and duties of the Secretary of Labor.
(e) Depositories; investments
The Treasurer of the United States shall deposit any moneys paid into such fund into such
depository banks as the Secretary may designate and may invest any portion of the funds which, in
the opinion of the Secretary, is not needed for current requirements, in bonds or notes of the United
States or of any Federal land bank.
(f) Limitation of liability
Neither the United States nor the Secretary shall be liable in respect of payments authorized under
section 908 of this title in an amount greater than the money or property deposited in or belonging to
such fund.
(g) Audit by Comptroller General; finality of payment determinations; credits of disbursing
officers
The Comptroller General of the United States shall audit the account for such fund, but the action
of the Secretary in making payments from such fund shall be final and not subject to review, and the
Comptroller General is authorized and directed to allow credit in the accounts of any disbursing
officer of the Secretary for payments made from such fund authorized by the Secretary.
(h) Civil actions for civil penalties and unpaid assessments
All civil penalties and unpaid assessments provided for in this chapter shall be collected by civil
suit brought by the Secretary.
(i) Proceeds available for certain payments
The proceeds of this fund shall be available for payments:
(1) Pursuant to sections 1 910 of this title with respect to certain initial and subsequent annual
adjustments in compensation for total permanent disability or death.
(2) Under section 908(f) and (g), under section 918(b), and under section 939(c) of this title.
(3) To repay the sums deposited in the fund pursuant to subsection (d).
(4) To defray the expense of making examinations as provided in section 907(e) of this title.
(j) Audit to Congress
The fund shall be audited annually and the results of such audit shall be included in the annual
report required by section 942 of this title.
(Mar. 4, 1927, ch. 509, §44, 44 Stat. 1444; July 26, 1956, ch. 735, §8, 70 Stat. 656; Pub. L. 92–576,
§8, Oct. 27, 1972, 86 Stat. 1256; Pub. L. 98–426, §§24, 27(a)(2), Sept. 28, 1984, 98 Stat. 1653,
1654.)
EDITORIAL NOTES
AMENDMENTS
1984—Subsecs. (a), (b). Pub. L. 98–426, §27(a)(2), substituted "Secretary" for "commission". See Transfer
of Functions note set out under section 902 of this title.
Subsec. (c)(2). Pub. L. 98–426, §24(a), substituted provisions requiring that, at the beginning of each
calendar year the Secretary estimate the probable expenses of the fund during that calendar year and the
amount of payments required (and the schedule therefor) to maintain adequate reserves in the fund and that
each carrier and self-insurer make payments into the fund on a prorated assessment by the Secretary
determined by (A) computing the ratio (expressed as a percent) of (i) the carrier's or self-insured's workers'
compensation payments under this chapter during the preceding calendar year, to (ii) the total of such
payments by all carriers and self-insureds under this chapter during such year; (B) computing the ratio
(expressed as a percent) of (i) the payments under section 908(f) of this title during the preceding calendar
year which are attributable to the carrier or self-insured, to (ii) the total of such payments during such year
attributable to all carriers and self-insureds; (C) dividing the sum of the percentages computed under (A) and
(B) for the carrier or self-insured by two; and (D) multiplying the percent computed under (C) by such
probable expenses of the fund (as determined under the first sentence of this paragraph) for provisions which
had formerly required that at the beginning of each calendar year the Secretary estimate the probable expenses
of the fund during that calendar year and each carrier or self-insurer make payments into the fund on a
prorated assessment by the Secretary in the proportion that the total compensation and medical payments
made on risks covered by this chapter by each carrier and self-insurer bore to the total of such payments made
by all carriers and self-insurers under the chapter in the prior calendar year in accordance with a formula and
schedule to be determined from time to time by the Secretary to maintain adequate reserves in the fund.
Subsec. (e). Pub. L. 98–426, §24(b), redesignated subsec. (f) as (e). Former subsec. (e), which authorized
the appropriation to the Secretary of the sum of $2,000,000 which the Secretary was required to deposit into
the fund and directed that, upon deposit in the fund such moneys would be treated as the property of such
fund, that the sum, without additional payments for interest, would be repaid from the money or property
belonging to the fund on a schedule of repayment set by the Secretary, that full repayment had to be made no
later than five years from the date of deposit into the fund, and that each such repayment, as made, would be
covered into the Treasury of the United States as miscellaneous receipts, was struck out.
Pub. L. 98–426, §27(a)(2), substituted "Secretary" for "commission". See Transfer of Functions note set out
under section 902 of this title.
Subsec. (f). Pub. L. 98–426, §24(b), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e).
Pub. L. 98–426, §27(a)(2), substituted "Secretary" for "commission". See Transfer of Functions note set out
under section 902 of this title.
Subsec. (g). Pub. L. 98–426, §24(b), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).
Pub. L. 98–426, §27(a)(2), substituted "Secretary" for "commission". See Transfer of Functions note set out
under section 902 of this title.
Subsec. (h). Pub. L. 98–426, §24(b), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g).
Pub. L. 98–426, §24(c), inserted "and unpaid assessments" after "civil penalties".
Pub. L. 98–426, §27(a)(2), substituted "Secretary" for "commission". See Transfer of Functions note set out
under section 902 of this title.
Subsec. (i). Pub. L. 98–426, §24(b), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h).
Subsec. (i)(1). Pub. L. 98–426, §24(d)(1), struck out "and 911" after "sections 910", inserted "certain"
before "initial", and struck out "which occurred prior to the effective date of this subsection" after "disability
or death".
Subsec. (i)(4). Pub. L. 98–426, §24(d)(2), inserted "(e)" after "section 907".
Subsec. (j). Pub. L. 98–426, §24(b), redesignated (k) as (j). Former subsec. (j) redesignated (i).
Pub. L. 98–426, §24(e), substituted "The fund shall be audited annually and the results of such audit shall
be included in the annual report required by section 942 of this title" for "At the close of each fiscal year the
Secretary shall submit to the Congress a complete audit of the fund".
Subsec. (k). Pub. L. 98–426, §24(b), redesignated subsec. (k) as (j).
1972—Subsec. (a). Pub. L. 92–576, §8(a), substituted "special fund" for "special fund for the purpose of
making payments in accordance with the provisions of subsections (f) and (g) of section 908, of subsection (b)
of section 918, and of subsection (c) of section 939 of this title".
Subsec. (c)(1). Pub. L. 92–576, §8(b), increased compensation payment for death to $5,000 from $1,000;
inserted provision for compensation which would otherwise be compensable under this chapter; deleted
second sentence, less two provisos, now incorporated in subsec. (j)(2) of this section; deleted first such
proviso for priority of payments authorized by subsec. (f) over other payments authorized from the fund; and
deleted second such proviso, now incorporated in subsec. (k) of this section.
Subsec. (c)(2), (3). Pub. L. 92–576, §8(b), added par. (2) and redesignated former par. (2) as (3).
Subsec. (d). Pub. L. 92–576, §8(b), added subsec. (d). Former subsec. (d) redesignated (f).
Subsec. (e). Pub. L. 92–576, §8(b), added subsec. (e). Former subsec. (e) redesignated (g).
Subsecs. (f) to (i). Pub. L. 92–576, §8(b), redesignated former subsecs. (d) to (g) as (f) to (i), respectively.
Subsec. (j). Pub. L. 92–576, §8(d), added pars. (1), (3), and (4), and incorporated former part of first
sentence of subsec. (a) and former second sentence, less provisos, of subsec. (c)(1), in provisions designated
as par. (2).
Subsec. (k). Pub. L. 92–576, §8(d), incorporated former provisions of subsec. (c)(1), last proviso, in
provisions designated as subsec. (k).
1956—Subsec. (a). Act July 26, 1956, §8(a), substituted ", of subsection (b) of section 918 of this title, and
of subsection (c) of section 939 of this title" for "of this title."
Subsec. (c)(1). Act July 26, 1956, §8(b), substituted provisions relating to availability of fund for payments
under sections 908(f) and (g), 918(b), and 939(c) of this title, proviso that subsec. (f) payments have priority,
and further proviso requiring annual audit, for former provision that fifty per centum of each payment shall be
available for the payments under section 908(f) and (g) of this title.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with
certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§1,
2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government
Organization and Employees. Functions of Coast Guard, and Commandant of Coast Guard, were excepted
from transfer when Coast Guard is operating as part of Navy under former sections 1 and 3 (now 101 and 103)
of Title 14, Coast Guard.
§§945 to 947. Repealed. Pub. L. 98–426, §25, Sept. 28, 1984, 98 Stat. 1654
Section 945, act Mar. 4, 1927, ch. 509, §45, 44 Stat. 1445, provided for creation of a fund to provide for
payment of all expenses connected with administration of this chapter. See section 944 of this title.
Section 946, act Mar. 4, 1927, ch. 509, §46, 44 Stat. 1445, appropriated $250,000 to be available for
expenses of administration of this chapter for fiscal years ending June 30, 1927, and June 30, 1928.
Section 947, act Mar. 4, 1927, ch. 509, §47, 44 Stat. 1445, provided for availability of appropriations for
salaries and contingent expenses in administration of this chapter.
EDITORIAL NOTES
REFERENCES IN TEXT
Sections 4283, 4284, 4285, 4286, and 4289 of the Revised Statutes, referred to in text, were classified to
sections 183, 184, 185, 186, and 188, respectively, of the former Appendix to Title 46, Shipping, and were
repealed and restated in chapter 305 of Title 46, Shipping, by Pub. L. 109–304, §§6(c), 19, Oct. 6, 2006, 120
Stat. 1509, 1710. For disposition of sections of the former Appendix to Title 46, see Disposition Table
preceding section 101 of Title 46.
Section 18 of the Act entitled "An act to remove certain burdens on the American merchant marine and
encourage the American foreign carrying trade, and for other purposes," approved June 26, 1884, as amended,
referred to in text, is section 18 of act June 26, 1884, ch. 121, 23 Stat. 57, which was classified to section 189
of the former Appendix to Title 46, Shipping, and was repealed and restated in section 30505 of Title 46,
Shipping, by Pub. L. 109–304, §§6(c), 19, Oct. 6, 2006, 120 Stat. 1509, 1710.
EDITORIAL NOTES
AMENDMENTS
1984—Pub. L. 98–426 inserted after first sentence "The discharge or refusal to employ a person who has
been adjudicated to have filed a fraudulent claim for compensation is not a violation of this section.",
substituted "$1,000" for "$100", and substituted "$5,000" for "$1,000".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a
note under section 901 of this title.
EFFECTIVE DATE
Section effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92–576, set out as an Effective Date
of 1972 Amendment note under section 902 of this title.
§950. Separability
If any provision of this chapter is declared unconstitutional or the applicability thereof to any
person or circumstances is held invalid, the validity of the remainder of the chapter and the
applicability of such provision to other persons and circumstances shall not be affected thereby.
(Mar. 4, 1927, ch. 509, §51 formerly §50, 44 Stat. 1446; renumbered §51, Pub. L. 92–576, §19, Oct.
27, 1972, 86 Stat. 1263.)
EDITORIAL NOTES
AMENDMENTS
2020—Pub. L. 116–260 substituted "Great Lakes St. Lawrence Seaway Development Corporation" for
"Saint Lawrence Seaway Development Corporation".
1966—Pub. L. 89–670 substituted "Secretary of Transportation" for "President, or the head of such agency
as he may designate".
EXECUTIVE DOCUMENTS
EXECUTIVE ORDER NO. 10534
Ex. Ord. No. 10534, June 9, 1954, 19 F.R. 3413, as amended by Ex. Ord. No. 10771, June 23, 1958, 23
F.R. 4525, which related to the direction and supervision of the St. Lawrence Seaway Development
Corporation, was revoked by section 16 of Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247.
EDITORIAL NOTES
AMENDMENTS
2020—Subsec. (b). Pub. L. 116–260 substituted "Great Lakes St. Lawrence Seaway Development
Corporation" for "Saint Lawrence Seaway Development Corporation".
2012—Subsec. (a). Pub. L. 112–166 struck out ", by and with the advice and consent of the Senate, for a
term of seven years" before period at end of first sentence.
1975—Subsec. (a). Pub. L. 93–615, §1(a), amended subsec. (a) generally, inserting provisions relating to a
term of seven years and the length of the term of any Administrator appointed to fill a vacancy in the position
of the Administrator prior to the expiration of the term for which his predecessor was appointed.
Subsecs. (b), (c). Pub. L. 93–615, §1(b), redesignated subsec. (c) as (b). Former subsec. (b), relating to the
appointment and duties of a Deputy Administrator, was repealed.
(b) Amounts credited under subsection (a)(12) 3 are available to pay any obligation or expense of
the Corporation under this chapter, except as specifically provided in subsection (a)(11).3
(May 13, 1954, ch. 201, §4, 68 Stat. 94; Pub. L. 85–108, §1(1)–(3), July 17, 1957, 71 Stat. 307; Pub.
L. 92–310, title II, §232, June 6, 1972, 86 Stat. 214; Pub. L. 97–369, title III, §311, Dec. 18, 1982, 96
Stat. 1783; Pub. L. 99–662, title XIV, §805(a)(1)–(3), Nov. 17, 1986, 100 Stat. 4272.)
EDITORIAL NOTES
CODIFICATION
In subsec. (a)(7), "chapter 51 and subchapter III of chapter 53 of title 5" substituted for "the Classification
Act of 1949" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which
enacted Title 5, Government Organization and Employees.
AMENDMENTS
1986—Subsec. (a)(13). Pub. L. 99–662 added par. (13) relating to acceptance of amounts transferred to the
Corporation under section 9505(c) of title 26.
1982—Subsec. (a)(10) to (13). Pub. L. 97–369 added par. (10) and redesignated former pars. (10) to (12) as
(11) to (13), respectively.
1972—Subsec. (a)(7). Pub. L. 92–310 struck out provisions which empowered the Corporation to require
bonds from such officers, attorneys, and employees as the Administrator might designate.
1957—Subsecs. (a)(10) to (12), (b). Pub. L. 85–108 added pars. (10) to (12) and subsec. (b).
§984a. Repealed. June 28, 1955, ch. 189, §12(c)(11), 69 Stat. 181
Section, act Aug. 26, 1954, ch. 935, ch. VIII, §801, 68 Stat. 818, authorized Administrator to place not
more than four positions in grades 16, 17, or 18 of General Schedule established by Classification Act of
1949.
EDITORIAL NOTES
CODIFICATION
In subsec. (a), "chapter 31 of title 31" substituted for "the Second Liberty Bond Act, as amended" on
authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31,
Money and Finance.
AMENDMENTS
1970—Subsec. (a). Pub. L. 91–469, §43(a)(1), designated existing provisions as subsec. (a) and struck out
fourth, fifth, and eighth sentences which provided for deferral, with approval of Secretary of the Treasury, of
interest payments on bonds but required interest payments so deferred to bear interest after June 30, 1960;
prohibited charging of deferred interest against debt limitation of $140,000,000; and prescribed for each
obligation a rate of interest determined by the Secretary, taking into consideration the current average rate on
current marketable obligations of the United States of comparable maturities as of the last day of the month
preceding the issuance of the obligation of the Corporation.
Subsec. (b). Pub. L. 91–469, §43(a)(2), added subsec. (b).
1957—Pub. L. 85–108 increased Corporation's borrowing authority from $105,000,000 to $140,000,000;
omitted first year bond issue limitation, and raised limits of bond issues for any year from 40 to 50 per centum
of total borrowing power; and authorized deferment of interest payments on borrowings, excluding such
deferred interest charges from the debt limitation of $140,000,000.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Department of Transportation and Related Agencies Appropriations Act,
1983, and not as part of act May 13, 1954, ch. 201, 68 Stat. 903, which comprises this chapter.
Section consists of a part of section 311 of Pub. L. 97–369. The remainder of section 311 of Pub. L. 97–369
amended sections 984 and 988 of this title.
§986. Payments to States and local governments in lieu of taxes; tax exemption of
Corporation
The Corporation is authorized to make payments to State and local governments in lieu of
property taxes upon property which was subject to State and local taxation before acquisition by the
Corporation. Such payments may be in the amounts, at the times, and upon the terms the Corporation
deems appropriate, but the Corporation shall be guided by the policy of making payments not in
excess of the taxes which would have been payable for such property in the condition in which it was
acquired, except in cases where special burdens are placed upon the State or local government by the
activities of the Corporation or its agents. The Corporation, its property, franchises, and income are
expressly exempted from taxation in any manner or form by any State, county, municipality, or any
subdivision thereof, but such exemption shall not extend to contractors for the Corporation.
(May 13, 1954, ch. 201, §7, 68 Stat. 95.)
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
"Director of the Office of Personnel Management" substituted for "Civil Service Commission" and
"Commission" in subsec. (b) pursuant to Reorg. Plan No. 2 of 1978, §102, 43 F.R. 36037, 92 Stat. 3783, set
out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions
vested by statute in United States Civil Service Commission to Director of Office of Personnel Management
(except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107,
Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.
EDITORIAL NOTES
AMENDMENTS
1988—Subsec. (a). Pub. L. 100–352 substituted "1254(2)" for "1254(3)".
1982—Subsec. (b)(5). Pub. L. 97–369 struck out par. (5) which directed that the rates provide for revenues
sufficient to amortize the principal of the debts and obligations of the Corporation over a period of not to
exceed 50 years.
1970—Subsec. (a). Pub. L. 91–469, §43(b)(1), inserted requirement that any formula for a division of
revenues which takes into consideration annual debt charges shall include the total cost, including both
interest and debt principal, incurred by the United States in financing activities authorized by this chapter,
whether or not reimbursable by the Corporation.
Subsec. (b)(4). Pub. L. 91–469, §43(b)(2), struck out ", payment of interest on the obligations of the
Corporation," after "depreciation".
EDITORIAL NOTES
AMENDMENTS
1994—Pub. L. 103–331 substituted "Waiver of collection" for "Rebate of" in section catchline and
amended text generally. Prior to amendment, text read as follows:
"(a) The Corporation shall transfer to the Harbor Maintenance Trust Fund, at such times and under such
terms and conditions as the Secretary of the Treasury may prescribe, all revenues derived from the collection
of charges or tolls established under section 988 of this title.
"(b)(1) The Corporation shall certify to the Secretary of the Treasury, in such form and at such times as the
Secretary of the Treasury shall prescribe—
"(A) the identity of any person who pays a charge or toll to the Corporation pursuant to section 988 of
this title with respect to a commercial vessel (as defined in section 4462(a)(4) of title 26),
"(B) the amount of the toll or charge paid by such person with respect to such vessel.
"(2) Within 30 days of the receipt of a certification described in paragraph (1), the Secretary of the Treasury
shall rebate, out of the Harbor Maintenance Trust Fund, to the person described in paragraph (1) the amount of
the charge or toll paid pursuant to section 988 of this title."
EDITORIAL NOTES
AMENDMENTS
1995—Subsec. (a). Pub. L. 104–66 struck out subsec. (a) which read as follows: "The Corporation shall
submit to the President for transmission to the Congress at the beginning of each regular session an annual
report of its operations under this chapter."
1957—Pub. L. 85–108 designated existing provisions as subsec. (a) and added subsec. (b).
§§1001 to 1011. Repealed. Pub. L. 96–478, §12, Oct. 21, 1980, 94 Stat. 2303
Section 1001, Pub. L. 87–167, §2, Aug. 30, 1961, 75 Stat. 402; Pub. L. 89–551, §1(2), Sept. 1, 1966, 80
Stat. 372; Pub. L. 89–670, §6(g)(5), Oct. 15, 1966, 80 Stat. 941; Pub. L. 93–119, §2(1), Oct. 4, 1973, 87 Stat.
424; Pub. L. 97–449, §2(e)(1), Jan. 12, 1983, 96 Stat. 2440, defined terms used in this chapter.
Section 1002, Pub. L. 87–167, §3, Aug. 30, 1961, 75 Stat. 402; Pub. L. 89–551, §1(3), Sept. 1, 1966, 80
Stat. 373; Pub. L. 93–119, §2(2), Oct. 4, 1973, 87 Stat. 425, prohibited discharge of oil or oily mixtures, but
included certain permissible discharges.
Section 1003, Pub. L. 87–167, §4, Aug. 30, 1961, 75 Stat. 402; Pub. L. 89–551, §1(4), Sept. 1, 1966, 80
Stat. 373; Pub. L. 93–119, §2(3), Oct. 4, 1973, 87 Stat. 425, excepted from the prohibition of section 1002 of
this title discharges relating to securing safety of ship, prevention of damage to ship or cargo, saving life, and
resulting from a damaged ship or unavoidable leakage.
Section 1004, Pub. L. 87–167, §5, Aug. 30, 1961, 75 Stat. 403; Pub. L. 89–551, §1(5), Sept. 1, 1966, 80
Stat. 374; Pub. L. 93–119, §2(4), Oct. 4, 1973, 87 Stat. 425, excepted from the prohibition of section 1002 of
this title discharges relating to tanker ballast from cargo tank.
Section 1004a, Pub. L. 87–167, §6, as added Pub. L. 93–119, §2(5), Oct. 4, 1973, 87 Stat. 425, provided
construction standards for United States tankers, the subsections relating to following subject matter: subsec.
(a) tank arrangement and tank size limitation pursuant to provisions of annex C to convention and building
contracts placed on or after effective date; subsec. (b) building contracts placed or keel laid before effective
date; subsec. (c) domestic tankers without certificate of compliance or exemption prohibited from engaging in
domestic or foreign trade; subsec. (d) foreign tankers with foreign registry but without certificate of
compliance, consultation with foreign government, and denial of access; subsec. (e) foreign tankers without
foreign registry and denial of access.
Section 1005, Pub. L. 87–167, §7, formerly §6, Aug. 30, 1961, 75 Stat. 403; renumbered and amended Pub.
L. 93–119, §2(6), Oct. 4, 1973, 87 Stat. 426, related to penalties for violations, the subsections providing for
following subject matter: subsec. (a) criminal penalties for willful violations and separate violations; subsec.
(b) civil penalties for willful or negligent and other violations and separate violations; subsec. (c) liability of
vessel and venue; and subsec. (d) administrative proceedings, assessment of civil penalties, remission,
mitigation, or compromise of any penalty, notice and hearing, judicial proceedings, civil actions by Attorney
General for collection of penalties, and trial de novo.
Section 1006, Pub. L. 87–167, §8, formerly §7, Aug. 30, 1961, 75 Stat. 403; renumbered Pub. L. 93–119,
§2(7), Oct. 4, 1973, 87 Stat. 427, provided for suspension or revocation of license of officers of offending
vessels.
Section 1007, Pub. L. 87–167, §9, formerly §8, Aug. 30, 1961, 75 Stat. 403; Pub. L. 90–578, title IV,
§402(b)(2), Oct. 17, 1968, 82 Stat. 1118; renumbered and amended Pub. L. 93–119, §2(8), Oct. 4, 1973, 87
Stat. 427, related to personnel for enforcement of provisions, arrest of offenders and procedure, and ship
fittings and equipment.
Section 1008, Pub. L. 87–167, §10, formerly §9, Aug. 30, 1961, 75 Stat. 404; Pub. L. 89–551, §1(6), Sept.
1, 1966, 80 Stat. 374; renumbered and amended Pub. L. 93–119, §2(9), Oct. 4, 1973, 87 Stat. 427, provided
for oil record books, the subsections relating to following subject matter: subsec. (a) printing and regulations
of the Secretary; subsec. (b) supplying the books without charge and their inspection and surrender; subsec.
(c) operations requiring recordation; subsec. (d) entries and signatures; and subsec. (e) rules and regulations.
Section 1009, Pub. L. 87–167, §11, formerly §10, Aug. 30, 1961, 75 Stat. 404; Pub. L. 89–551, §1(7), Sept.
1, 1966, 80 Stat. 375; renumbered and amended Pub. L. 93–119, §2(10), Oct. 4, 1973, 87 Stat. 428, authorized
the Secretary to promulgate regulations for the administration of specific sections of this chapter.
Section 1010, Pub. L. 87–167, §12, formerly §11, Aug. 30, 1961, 75 Stat. 404; renumbered and amended
Pub. L. 93–119, §2(11), Oct. 4, 1973, 87 Stat. 428, related to boarding of ships, production of records, and
evidence of violations by foreign ships.
Section 1011, Pub. L. 87–167, §12, Aug. 30, 1961, 75 Stat. 404; Pub. L. 89–551, §1(8), Sept. 1, 1966, 80
Stat. 375, specified prohibited zones and provided for reduction or extension of such zones.
§§1013 to 1016. Repealed. Pub. L. 96–478, §12, Oct. 21, 1980, 94 Stat. 2303
Section 1013, Pub. L. 87–167, §13, formerly §14, Aug. 30, 1961, 75 Stat. 407; renumbered Pub. L. 93–119,
§2(13), Oct. 4, 1973, 87 Stat. 428, authorized appropriations to carry out this chapter.
Section 1014, Pub. L. 87–167, §15, formerly §16, Aug. 30, 1961, 75 Stat. 407; renumbered and amended
Pub. L. 93–119, §2(14), Oct. 4, 1973, 87 Stat. 428, related to effect of this chapter on section 1321 of this title
and section 89 of Title 14, Coast Guard.
Section 1015, Pub. L. 87–167, §17, Aug. 30, 1961, 75 Stat. 407; Pub. L. 89–551, §1(10), Sept. 1, 1966, 80
Stat. 375, specified the effective date of this chapter and provided savings provision for rights, liabilities,
procedures, or regulations existing on the effective date of this chapter. Pub. L. 93–119, §2(15), Oct. 4, 1973,
87 Stat. 428, which provided for the repeal of this section was repealed by section 12 of Pub. L. 96–478.
Section 1016, Pub. L. 93–119, §3, Oct. 4, 1973, 87 Stat. 428, provided effective date of 1973 amendments
to this chapter by Pub. L. 93–119, the subsections covering the following subject matter: subsec. (a) general
effective date; subsec. (b) savings provision; and subsec. (c) effective date of section 1004(d) and (e) of this
title.
EDITORIAL NOTES
PRIOR PROVISIONS
For prior provisions, see note set out under section 1602 of this title.
§§1051 to 1053, 1061 to 1094. Repealed. Pub. L. 95–75, §10, July 27, 1977, 91
Stat. 311
Section 1051, Pub. L. 88–131, §1, Sept. 24, 1963, 77 Stat. 194, authorized the President to proclaim the
International Regulations for Preventing Collisions at Sea. See section 1602 of this title.
Section 1052, Pub. L. 88–131, §2, Sept. 24, 1963, 77 Stat. 194, provided for certification for alternative
compliance covering Navy and Coast Guard vessels of special construction or purpose. See section 1605 of
this title.
Section 1053, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 195, constituted an introductory statement for the
regulations. See section 1602 of this title.
Section 1061, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 195, generally described the scope of sections
1061 to 1094.
Section 1062, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 196, set out the requirements for vessels while
under way.
Section 1063, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 197, set the requirements for towing or pushing
other vessels or seaplanes.
Section 1064, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 197, related to vessels and seaplanes not under
command, and vessels engaged in certain operations.
Section 1065, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 198, related to sailing vessels under way, vessels
or seaplanes being towed, and vessels being pushed ahead.
Section 1066, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 199, related to vessels in bad weather.
Section 1067, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 199, related to substitute lights for power-driven
vessels towing or pushing other vessels, vessels under oars or sails, vessels being towed or pushed ahead, and
rowing boats.
Section 1068, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 200, related to pilot-vessels on and off duty.
Section 1069, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 201, related to fishing vessels and trawling
vessels.
Section 1070, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 202, related to stern and tail lights.
Section 1071, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 202, related to vessels and sea lanes at anchor
and aground.
Section 1072, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 203, provided for the use of additional lights and
signals when necessary.
Section 1073, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 203, related to ships of war, convoy vessels,
fishing vessels, seaplanes in water, and naval and military vessels and seaplanes of special construction.
Section 1074, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 203, related to vessels proceeding under sail
when also propelled by machinery.
Section 1075, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 203, set out general considerations concerning
radar.
Section 1076, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 203, related to sound signals.
Section 1077, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 203, related to speed in weather restricting
visibility.
Section 1078, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 205, set out the general considerations related to
steering and sailing.
Section 1079, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 205, related to sailing vessels approaching one
another.
Section 1080, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 205, related to power-driven vessels meeting end
on.
Section 1081, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 206, related to power-driven vessels crossing.
Section 1082, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 206, related to vessels or seaplanes meeting.
Section 1083, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 206, related to vessels having the right of way
and the duty in aiding to avert a collision.
Section 1084, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 206, related to the duty to take positive action to
keep out of the way.
Section 1085, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 206, related to duty to slacken speed, stop, or
reverse.
Section 1086, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 206, related to duty of overtaking vessels to keep
out of the way.
Section 1087, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 207, related to duties of power-driven vessels in
narrow channels.
Section 1088, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 207, related to right-of-way of fishing vessels.
Section 1089, Pub. L. 88–131, Sept. 24, 1963, 77 Stat. 207, related to departure from rules in special
circumstances to avoid immediate danger.
Section 1090, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 207, related to sound signals indicating course.
Section 1091, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 208, related to additional precautions.
Section 1092, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 208, related to rules for harbours and inland
navigation.
Section 1093, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 208, related to distress signals.
Section 1094, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 209, set out general considerations and
recommendations on the use of radar information as an aid to avoiding collisions at sea.
EXECUTIVE DOCUMENTS
EXECUTIVE ORDER NO. 11239
Ex. Ord. No. 11239, July 31, 1965, 30 F.R. 9671, as amended by Ex. Ord. No. 13286, §65, Feb. 28, 2003,
68 F.R. 10629, which enforced the Convention for the Safety of Life at Sea, 1960, was superseded, to the
extent that the International Convention for the Safety of Life at Sea, 1974, signed at London on Nov. 1, 1974,
replaced and abrogated the International Convention for the Safety of Life at Sea, 1960, signed at London on
June 17, 1960, by Ex. Ord. No. 12234, Sept. 3, 1980, 45 F.R. 58801, set out as a note under section 1602 of
this title.
PROCLAMATION NO. 3632
Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, was the enabling proclamation for adopting Regulations for
Preventing Collisions at Sea, 1960, under Pub. L. 88–131, Sept. 24, 1963, 77 Stat. 194.
§1102. Omitted
EDITORIAL NOTES
CODIFICATION
Section, Pub. L. 89–454, title I, §3, June 17, 1966, 80 Stat. 204; Pub. L. 89–670, §8(j), Oct. 15, 1966, 80
Stat. 943; Pub. L. 90–242, §2, Jan. 2, 1968, 81 Stat. 780; Pub. L. 91–15, §1, May 23, 1969, 83 Stat. 10; Pub.
L. 91–414, Sept. 25, 1970, 84 Stat. 865, established the National Council on Marine Resources and
Engineering Development. The provisions of this chapter with respect to the Council expired on June 30,
1971, and the Council terminated on Apr. 30, 1971, for lack of funds.
(b) In the planning and conduct of a coordinated Federal program the President and the Council
shall utilize such staff, interagency, and non-Government advisory arrangements as they may find
necessary and appropriate and shall consult with departments and agencies concerned with marine
science activities and solicit the views of non-Federal organizations and individuals with capabilities
in marine sciences.
(Pub. L. 89–454, title I, §4, June 17, 1966, 80 Stat. 205; Pub. L. 89–688, §2(b), Oct. 15, 1966, 80
Stat. 1001.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in subsec. (a)(7), is Pub. L. 89–454, June 17, 1966, 80 Stat. 203, which, at the time this
section was enacted, consisted only of sections 1 to 9, which are classified generally to this subchapter. Pub.
L. 89–688, §2, Oct. 15, 1966, 80 Stat. 1001, redesignated the Act as title I and made conforming amendments,
substituting references to title I for previous references to the Act as a whole, but not in subsec. (a)(7) of this
section. Pub. L. 89–454 was amended by Pub. L. 89–688 by adding title II, which is classified generally to
subchapter II of this chapter, and later by Pub. L. 92–583 by adding title III, which is classified generally to
chapter 33 (§1451 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see
Tables.
AMENDMENTS
1966—Subsec. (a). Pub. L. 89–688, in par. (4), substituted "this title" for "this Act", which, for purposes of
codification has been changed to "this subchapter".
EDITORIAL NOTES
CODIFICATION
Section 1104, Pub. L. 89–454, title I, §5, June 17, 1966, 80 Stat. 205; Pub. L. 89–688, §2(b), Oct. 15, 1966,
80 Stat. 1001; Pub. L. 90–242, §1, Jan. 2, 1968, 81 Stat. 780, established the Commission on Marine Science,
Engineering, and Resources. For expiration of the Commission, see Codification note set out under section
1102 of this title.
Section 1105, Pub. L. 89–454, title I, §6, June 17, 1966, 80 Stat. 207, provided for the National Council on
Marine Resources and Engineering Development to coordinate a program of international cooperation with
respect to work done pursuant to this chapter. For expiration of the Council, see Codification note set out
under section 1102 of this title.
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 89–454, June 17, 1966, 80 Stat. 203, which, at the time this section
was enacted, consisted only of sections 1 to 9, which are classified generally to this subchapter. Pub. L.
89–688, §2, Oct. 15, 1966, 80 Stat. 1001, redesignated the Act as title I and made conforming amendments,
substituting references to title I for previous references to the Act as a whole, but not in this section. Pub. L.
89–454 was amended by Pub. L. 89–688 by adding title II, which is classified generally to subchapter II of
this chapter, and later by Pub. L. 92–583 by adding title III, which is classified generally to chapter 33 (§1451
et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Tables.
AMENDMENTS
1986—Subsec. (a). Pub. L. 99–386 substituted "biennially in January" for "in January of each year".
§1107. Definitions
For the purposes of this subchapter, the term "marine science" shall be deemed to apply to
oceanographic and scientific endeavors and disciplines, and engineering and technology in and with
relation to the marine environment; and the term "marine environment" shall be deemed to include
(a) the oceans, (b) the Continental Shelf of the United States, (c) the Great Lakes, (d) seabed and
subsoil of the submarine areas adjacent to the coasts of the United States to the depth of two hundred
meters, or beyond that limit, to where the depths of the superjacent waters admit of the exploitation
of the natural resources of such areas, (e) the seabed and subsoil of similar submarine areas adjacent
to the coasts of islands which comprise United States territory, and (f) the resources thereof.
(Pub. L. 89–454, title I, §8, June 17, 1966, 80 Stat. 208; Pub. L. 89–688, §2(b), Oct. 15, 1966, 80
Stat. 1001.)
EDITORIAL NOTES
AMENDMENTS
1966—Pub. L. 89–688 substituted "this title" for "this Act", which, for purposes of codification, has been
changed to "this subchapter".
EDITORIAL NOTES
AMENDMENTS
1969—Pub. L. 91–15 substituted "$1,200,000" for "$1,500,000".
1966—Pub. L. 89–688 substituted "this title" for "this Act", which, for purposes of codification, has been
changed to "this subchapter".
EDITORIAL NOTES
AMENDMENTS
2008—Subsec. (a). Pub. L. 110–394, §3(c), inserted "management," after "development," wherever
appearing.
Subsec. (a)(1)(D), (E). Pub. L. 110–394, §3(a)(1), added subpars. (D) and (E) and struck out former
subpars. (D) and (E) which read as follows:
"(D) encourage the development of forecast and analysis systems for coastal hazards;
"(E) understand global environmental processes; and".
Subsec. (a)(2). Pub. L. 110–394, §3(a)(2), substituted "program of integrated research, education,
extension," for "program of research, education,".
Subsec. (a)(6). Pub. L. 110–394, §3(a)(3), added par. (6) and struck out former par. (6) which read as
follows: "The National Oceanic and Atmospheric Administration, through the national sea grant college
program, offers the most suitable locus and means for such commitment and involvement through the
promotion of activities that will result in greater such understanding, assessment, development, utilization, and
conservation. The most cost-effective way to promote such activities is through continued and increased
Federal support of the establishment, development, and operation of programs and projects by sea grant
colleges, sea grant institutes, and other institutions, including strong collaborations between Administration
scientists and scientists at academic institutions."
Subsec. (b). Pub. L. 110–394, §3(c), inserted "management," after "development,".
Subsec. (c). Pub. L. 110–394, §3(b), substituted "to promote integrated research, education, training, and
extension services and activities" for "to promote research, education, training, and advisory service
activities".
2002—Subsec. (a)(6). Pub. L. 107–299 inserted ", including strong collaborations between Administration
scientists and scientists at academic institutions" before period at end.
1998—Subsec. (a)(1)(D) to (F). Pub. L. 105–160, §3(a), added subpar. (D) and redesignated former
subpars. (D) and (E) as (E) and (F), respectively.
Subsec. (a)(6). Pub. L. 105–160, §3(b), substituted "The most cost-effective way to promote such activities
is through continued and increased Federal support of the establishment, development, and operation of
programs and projects by sea grant colleges, sea grant institutes, and other institutions." for "Continued and
increased Federal support of the establishment, development, and operation of programs and projects by sea
grant colleges, sea grant regional consortia, institutions of higher education, institutes, laboratories, and other
appropriate public and private entities is the most cost-effective way to promote such activities."
1987—Subsec. (a). Pub. L. 100–220, §§3103(1), 3104(b)(1)(A), added pars. (1) to (3), redesignated former
pars. (1) to (3) as (4) to (6), respectively, and substituted "ocean, coastal, and Great Lakes resources" for
"ocean and coastal resources" in pars. (4) and (5).
Subsec. (b). Pub. L. 100–220, §3103(2), substituted "ocean, coastal, and Great Lakes resources by
providing assistance to promote a strong educational base, responsive research and training activities, broad
and prompt dissemination of knowledge and techniques, and multidisciplinary approaches to environmental
problems." for "ocean and coastal resources by providing assistance to promote a strong educational base,
responsive research and training activities, and broad and prompt dissemination of knowledge and
techniques."
Subsec. (c). Pub. L. 100–220, §3104(b)(1)(B), substituted "ocean, coastal, and Great Lakes resources" for
"ocean and coastal resources".
1978—Subsec. (a)(3). Pub. L. 95–428 substituted "national sea grant college program" for "national sea
grant program".
1976—Pub. L. 94–461 completely rewrote the Congressional statement of findings, objectives, and
purposes of the National Sea Grant Program Act to reflect the extension and strengthening of the national sea
grant program to promote research, education, training, and advisory service activities in fields related to
ocean and coastal resources through federal support to sea grant colleges, sea grant regional consortia, and
other institutions through the National Oceanic and Atmospheric Administration, and to make education,
training, research, and advisory services responsive to state, local, regional, or national needs and problems.
1 So in original.
§1122. Definitions
As used in this subchapter—
(1) The term "Administration" means the National Oceanic and Atmospheric Administration.
(2) The term "Director" means the Director of the national sea grant college program, appointed
pursuant to section 1123(b) 1 of this title.
(3) the 2 term "director of a sea grant college" means a person designated by his or her
institution to direct a sea grant college or sea grant institute.
(4) The term "field related to ocean, coastal, and Great Lakes resources" means any discipline
or field, including marine affairs, resource management, technology, education, or science, which
is concerned with or likely to improve the understanding, assessment, development, management,
utilization, or conservation of ocean, coastal, or Great Lakes resources.
(5) The term "institution" means any public or private institution of higher education, institute,
laboratory, or State or local agency.
(6) The term "includes" and variants thereof should be read as if the phrase "but is not limited
to" were also set forth.
(7) The term "ocean, coastal, and Great Lakes resources" means the resources that are located
in, derived from, or traceable to, the seabed, subsoil, and waters of—
(A) the coastal zone, as defined in section 1453(1) of title 16;
(B) the Great Lakes;
(C) Lake Champlain (to the extent that such resources have hydrological, biological,
physical, or geological characteristics and problems similar or related to those of the Great
Lakes);
(D) the territorial sea;
(E) the exclusive economic zone;
(F) the Outer Continental Shelf; and
(G) the high seas.
(9) The term "Board" means the National Sea Grant Advisory Board established under section
1128 of this title.
(10) The term "person" means any individual; any public or private corporation, partnership, or
other association or entity (including any sea grant college, sea grant institute or other institution);
or any State, political subdivision of a State, or agency or officer thereof.
(11) The term "project" means any individually described activity in a field related to ocean,
coastal, and Great Lakes resources involving research, education, training, or extension services
administered by a person with expertise in such a field.
(12) The term "sea grant college" means any institution, or any association or alliance of two or
more such institutions, designated as such by the Secretary under section 1126 of this title.
(13) The term "sea grant institute" means any institution, or any association or alliance of two or
more such institutions, designated as such by the Secretary under section 1126 of this title.
(14) The term "sea grant program" means a program of research and outreach which is
administered by one or more sea grant colleges or sea grant institutes.
(15) The term "Secretary" means the Secretary of Commerce, acting through the Under
Secretary of Commerce for Oceans and Atmosphere.
(16) The term "State" means any State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth
of the Mariana Islands, or any other territory or possession of the United States.
(Pub. L. 89–454, title II, §203, as added Pub. L. 89–688, §1, Oct. 15, 1966, 80 Stat. 999; amended
Pub. L. 90–477, §1(1), Aug. 11, 1968, 82 Stat. 704; Pub. L. 91–349, July 23, 1970, 84 Stat. 448; Pub.
L. 93–73, §1(1), (5), July 10, 1973, 87 Stat. 170; Pub. L. 94–461, §2, Oct. 8, 1976, 90 Stat. 1962;
Pub. L. 95–428, §2(b), Oct. 7, 1978, 92 Stat. 999; Pub. L. 96–289, §1(1), June 28, 1980, 94 Stat. 605;
Pub. L. 100–220, title III, §3104(a), (b)(1)(C), Dec. 29, 1987, 101 Stat. 1470; Pub. L. 102–186,
§5(b)(1), Dec. 4, 1991, 105 Stat. 1284; Pub. L. 102–251, title III, §307(a), Mar. 9, 1992, 106 Stat. 66;
Pub. L. 105–160, §4(a), Mar. 6, 1998, 112 Stat. 21; Pub. L. 105–174, title III, §10003, May 1, 1998,
112 Stat. 99; Pub. L. 110–394, §§4, 9(a)(4)(B), Oct. 13, 2008, 122 Stat. 4206, 4208.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 1123 of this title, referred to in par. (2), was amended generally by Pub. L. 105–160, §5, Mar. 6,
1998, 112 Stat. 22, and, as so amended, provisions relating to appointment of the Director of the National Sea
Grant College Program, which formerly appeared in subsec. (b), are contained in subsec. (d).
AMENDMENTS
2008—Par. (4). Pub. L. 110–394, §4(a)(1), inserted "management," after "development,".
Par. (6)(F), (G). Pub. L. 110–394, §4(b), repealed section 307(a) of Pub. L. 102–251. See 1992 Amendment
note below.
Par. (9). Pub. L. 110–394, §9(a)(4)(B), amended par. (9) generally. Prior to amendment, par. (9) read as
follows: "The term 'panel' means the sea grant review panel established under section 1128 of this title."
Par. (11). Pub. L. 110–394, §4(a)(2), substituted "extension services" for "advisory services".
Pars. (12), (13). Pub. L. 110–394, §4(a)(3), made technical amendment to reference in original act which
appears in text as reference to "section 1126 of this title", requiring no change in text.
1998—Par. (3). Pub. L. 105–160, §4(a)(1), substituted "his or her" for "their university or" and "college or
sea grant institute" for "college, programs, or regional consortium".
Par. (4). Pub. L. 105–160, §4(a)(2), added par. (4) and struck out former par. (4) which read as follows:
"The term 'field related to ocean, coastal, and Great Lakes resources' means any discipline or field (including
marine science (and the physical, natural, and biological sciences, and engineering, included therein), marine
technology, education, marine affairs and resource management, economics, sociology, communications,
planning, law, international affairs, and public administration) which is concerned with or likely to improve
the understanding, assessment, development, utilization, or conservation of ocean, coastal, and Great Lakes
resources."
Par. (5). Pub. L. 105–174, §10003(1), redesignated par. (6) as (5) and struck out former par. (5) which read
as follows: "The term 'Great Lakes' includes Lake Champlain."
Pub. L. 105–160, §4(a)(3), added par. (5). Former par. (5) redesignated (7).
Par. (6). Pub. L. 105–174, §10003(1), redesignated par. (7) as (6). Former par. (6) redesignated (5).
Pub. L. 105–160, §4(a)(3), added par. (6). Former par. (6) redesignated (8).
Par. (7). Pub. L. 105–174, §10003, redesignated par. (8) as (7), added subpar. (C), and redesignated former
subpars. (C) to (F) as (D) to (G), respectively. Former par. (7) redesignated (6).
Pub. L. 105–160, §4(a)(3), redesignated par. (5) as (7). Former par. (7) redesignated (9).
Pars. (8) to (10). Pub. L. 105–174, §10003(1), redesignated pars. (9) to (11) as (8) to (10), respectively.
Former par. (8) redesignated (7).
Pub. L. 105–160, §4(a)(3), redesignated pars. (6) to (8) as (8) to (10), respectively. Former pars. (9) and
(10) redesignated (11) and (12), respectively.
Par. (11). Pub. L. 105–174, §10003(1), redesignated par. (12) as (11). Former par. (11) redesignated (10).
Pub. L. 105–160, §4(a)(3), (4), redesignated par. (9) as (11) and substituted "institute or other institution"
for "regional consortium, institution of higher education, institute, or laboratory". Former par. (11)
redesignated (13).
Pars. (12) to (17). Pub. L. 105–174, §10003(1), redesignated pars. (13) to (17) as (12) to (16), respectively.
Former par. (12) redesignated (11).
Pub. L. 105–160, §4(a)(5), added pars. (12) to (17) and struck out former pars. (12) to (17) which defined
"sea grant college", "sea grant program", "sea grant regional consortium", "Secretary", "State", and "Under
Secretary", respectively.
Pub. L. 105–160, §4(a)(3), redesignated pars. (10) to (15) as (12) to (17), respectively.
1992—Par. (6)(F), (G). Pub. L. 102–251, §307(a), which directed addition of subpar. (F) and redesignation
of former subpar. (F) as (G), was repealed by section 4(b) of Pub. L. 110–394. See Effective Date of 1992
Amendment note below.
1991—Par. (4). Pub. L. 102–186 inserted "marine affairs and resource management," after "education,".
1987—Pars. (2), (3). Pub. L. 100–220, §3104(a)(1), (2), added par. (3), redesignated former par. (3) as (2),
and struck out former par. (2) which read as follows: "The term 'Administrator' means the Administrator of the
National Oceanic and Atmospheric Administration."
Par. (4). Pub. L. 100–220, §3104(b)(1)(C), substituted "ocean, coastal, and Great Lakes resources" for
"ocean and coastal resources" in two places.
Par. (6). Pub. L. 100–220, §3104(a)(3), added par. (6) and struck out former par. (6) which read as follows:
"The term 'marine environment' means the coastal zone, as defined in section 1453(1) of title 16; the seabed,
subsoil, and waters of the Great Lakes and the territorial sea of the United States; the waters of any zone over
which the United States asserts exclusive fishery management authority; the waters of the high seas; and the
seabed and subsoil of and beyond the outer Continental Shelf."
Par. (7). Pub. L. 100–220, §3104(a)(3), added par. (7) and struck out former par. (7) which read as follows:
"The term 'ocean and coastal resource' means any resource (whether living, nonliving, manmade, tangible,
intangible, actual, or potential) which is located in, derived from, or traceable to, the marine environment.
Such term includes the habitat of any such living resource, the coastal space, the ecosystems, the nutrient-rich
areas, and the other components of the marine environment which contribute to or provide (or which are
capable of contributing to or providing) recreational, scenic, esthetic, biological, habitational, commercial,
economic, or conservation values. Living resources include natural and cultured plant life, fish, shellfish,
marine mammals, and wildlife. Nonliving resources include energy sources, minerals, and chemical
substances."
Par. (11). Pub. L. 100–220, §3104(b)(1)(C), substituted "ocean, coastal, and Great Lakes resources" for
"ocean and coastal resources".
Par. (15). Pub. L. 100–220, §3104(a)(4), added par. (15).
1980—Par. (6). Pub. L. 96–289 extended term "marine environment" to include waters of Great Lakes.
1978—Pub. L. 95–428 substituted "national sea grant college program" for "national sea grant program".
1976—Pub. L. 94–461 substituted provisions defining terms used in this subchapter for provisions
designating Secretary of Commerce as administering authority for national sea grant program and authorizing
appropriations through fiscal 1976.
1973—Subsec. (a). Pub. L. 93–73, §1(5), substituted "Secretary of Commerce" and "Secretary" for
"National Science Foundation" and "Foundation", respectively.
Subsec. (b)(1). Pub. L. 93–73, §1(1), (5), authorized appropriations of $30,000,000; $40,000,000; and
$50,000,000 for fiscal years ending June 30, 1974, 1975, and 1976, and substituted "Secretary" for
"Foundation".
1970—Subsec. (b)(1). Pub. L. 91–349 authorized appropriations for fiscal year ending June 30, 1971, not to
exceed the sum of $20,000,000, for fiscal year ending June 30, 1972, not to exceed the sum of $25,000,000,
and for fiscal year ending June 30, 1973, not to exceed the sum of $30,000,000.
1968—Subsec. (b)(1). Pub. L. 90–477 authorized appropriations for fiscal year ending June 30, 1969, not to
exceed the sum of $6,000,000, and for fiscal year ending June 30, 1970, not to exceed the sum of
$15,000,000.
EXECUTIVE DOCUMENTS
TERRITORIAL SEA OF UNITED STATES
For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of
Title 43, Public Lands.
(3) With respect to sea grant colleges, sea grant institutes, sea grant programs, and sea grant
projects, the Director shall—
(A) evaluate and assess the performance of the programs of sea grant colleges and sea grant
institutes, using the priorities, guidelines, and qualifications established by the Secretary under
subsection (c), and determine which of the programs are the best managed and carry out the
highest quality research, education, extension, and training activities;
(B) subject to the availability of appropriations, allocate funding among sea grant colleges, sea
grant institutes, sea grant programs, and sea grant projects so as to—
(i) promote healthy competition among sea grant colleges and institutes;
(ii) encourage collaborations among sea grant colleges and sea grant institutes to address
regional and national priorities established under subsection (c)(1);
(iii) ensure successful implementation of sea grant programs;
(iv) to the maximum extent consistent with other provisions of this subchapter, provide a
stable base of funding for sea grant colleges and institutes;
(v) encourage and promote coordination and cooperation between the research, education,
and outreach programs of the Administration and those of academic institutions; and
(vi) encourage cooperation with Minority Serving Institutions to enhance collaborative
research opportunities and increase the number of such students graduating in NOAA science
areas; and
(C) ensure compliance with the guidelines for merit review under subsection (c)(2).
(Pub. L. 89–454, title II, §204, as added Pub. L. 89–688, §1, Oct. 15, 1966, 80 Stat. 999; amended
Pub. L. 90–477, §1(2), Aug. 11, 1968, 82 Stat. 704; Pub. L. 93–73, §1(2)–(7), July 10, 1973, 87 Stat.
170; Pub. L. 94–461, §2, Oct. 8, 1976, 90 Stat. 1963; Pub. L. 95–428, §§2(b), 3(1), Oct. 7, 1978, 92
Stat. 999; Pub. L. 96–289, §1(2), June 28, 1980, 94 Stat. 605; Pub. L. 100–220, title III,
§§3104(b)(1)(D), (2), (c), 3105(b), Dec. 29, 1987, 101 Stat. 1470, 1471; Pub. L. 102–186, §§2,
4(b)(1)(A), Dec. 4, 1991, 105 Stat. 1282, 1283; Pub. L. 105–160, §5, Mar. 6, 1998, 112 Stat. 22;
Pub. L. 107–299, §3(a), (b)(1), (c), Nov. 26, 2002, 116 Stat. 2345, 2346; Pub. L. 110–394, §§5,
9(a)(4)(C)(i), Oct. 13, 2008, 122 Stat. 4206, 4208; Pub. L. 116–221, §§4(a), 6, 9(c)(1), 11(1), Dec.
18, 2020, 134 Stat. 1058, 1059, 1061.)
EDITORIAL NOTES
REFERENCES IN TEXT
The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (d)(1), are
classified generally to section 3301 et seq. of Title 5, Government Organization and Employees.
This subchapter, referred to in subsec. (d)(3)(B)(iv), was in the original "this Act" and was translated as
reading "this title" meaning title II of Pub. L. 89–454, which enacted this subchapter, to reflect the probable
intent of Congress.
CODIFICATION
In subsec. (c)(4)(D), "section 6101 of title 41" substituted for "section 5 of title 41, United States Code" on
authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public
Contracts.
AMENDMENTS
2020—Subsec. (b). Pub. L. 116–221, §6, inserted "for research, education, extension, training, technology
transfer, and public service" after "financial assistance" in introductory provisions.
Subsec. (c)(4)(E). Pub. L. 116–221, §4(a), amended subpar. (E) generally. Prior to amendment, subpar. (E)
read as follows: "notwithstanding section 1342 of title 31, accept donations and voluntary and uncompensated
services;".
Subsec. (d)(3). Pub. L. 116–221, §9(c)(1)(A), substituted "With respect to sea grant colleges, sea grant
institutes, sea grant programs, and sea grant projects" for "With respect to sea grant colleges and sea grant
institutes" in introductory provisions.
Subsec. (d)(3)(B). Pub. L. 116–221, §9(c)(1)(B), substituted "funding among sea grant colleges, sea grant
institutes, sea grant programs, and sea grant projects" for "funding among sea grant colleges and sea grant
institutes" in introductory provisions.
Subsec. (d)(3)(B)(vi). Pub. L. 116–221, §11(1), realigned margin.
2008—Subsec. (b)(1). Pub. L. 110–394, §5(a)(1), amended par. (1) generally. Prior to amendment, par. (1)
read as follows: "sea grant programs which comprise a national sea grant college program network, including
international projects conducted within such programs;".
Subsec. (b)(2). Pub. L. 110–394, §5(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as
follows: "administration of the national sea grant college program and this subchapter by the national sea
grant office, the Administration, and the panel;".
Subsec. (b)(4). Pub. L. 110–394, §5(a)(3), amended par. (4) generally. Prior to amendment, par. (4) read as
follows: "any national strategic investments in fields relating to ocean, coastal, and Great Lakes resources
developed with the approval of the panel, the sea grant colleges, and the sea grant institutes."
Subsec. (c)(1). Pub. L. 110–394, §9(a)(4)(C)(i), substituted "Board" for "panel".
Subsec. (c)(2). Pub. L. 110–394, §§5(b), 9(a)(4)(C)(i), substituted "The" for "Within 6 months of March 6,
1998, the" and "Board" for "panel".
Subsec. (d)(2)(A). Pub. L. 110–394, §5(c)(1), which directed the striking out of "long range", was executed
by striking out "long-range" before "strategic plan" to reflect the probable intent of Congress.
Subsec. (d)(3)(A). Pub. L. 110–394, §5(c)(2), substituted "evaluate and assess" for "evaluate" and
"activities;" for "activities; and", struck out cl. (i) designation before "evaluate", and struck out cl. (ii) which
read as follows: "rate the programs according to their relative performance (as determined under clause (i))
into no less than 5 categories, with each of the 2 best-performing categories containing no more than 25
percent of the programs;".
Subsec. (d)(3)(B)(ii). Pub. L. 110–394, §5(c)(3)(A), added cl. (ii). Former cl. (ii) redesignated (iii).
Subsec. (d)(3)(B)(iii). Pub. L. 110–394, §5(c)(3)(A), (B), redesignated cl. (ii) as (iii) and substituted
"ensure" for "encourage". Former cl. (iii) redesignated (iv).
Subsec. (d)(3)(B)(iv), (v). Pub. L. 110–394, §5(c)(3)(A), redesignated cls. (iii) and (iv) as (iv) and (v),
respectively.
Subsec. (d)(3)(B)(vi). Pub. L. 110–394, §5(c)(3)(C), (D), added cl. (vi).
2002—Subsec. (c)(1). Pub. L. 107–299, §3(a), amended par. (1) generally. Prior to amendment, par. (1)
read as follows: "The Secretary, in consultation with the panel, sea grant colleges, and sea grant institutes,
shall develop a long-range strategic plan which establishes priorities for the national sea grant college program
and which provides an appropriately balanced response to local, regional, and national needs."
Subsec. (d)(3)(A). Pub. L. 107–299, §3(b)(1), amended subpar. (A) generally. Prior to amendment, subpar.
(A) read as follows: "evaluate the programs of sea grant colleges and sea grant institutes, using the priorities,
guidelines, and qualifications established by the Secretary;".
Subsec. (d)(3)(B)(iv). Pub. L. 107–299, §3(c), added cl. (iv).
1998—Pub. L. 105–160 amended section catchline and text generally. Prior to amendment text consisted of
subsecs. (a) to (d) relating to maintenance within the Administration of the National Sea Grant College
Program, appointment and compensation of a Director of the program, duties of the Director, and powers of
the Secretary to carry out the provisions of this subchapter.
1991—Subsec. (a). Pub. L. 102–186, §2(a), amended subsec. (a) generally. Prior to amendment, subsec. (a)
read as follows: "The Secretary shall maintain, within the Administration, a program to be known as the
national sea grant college program. The national sea grant college program shall consist of the financial
assistance and other activities provided for in this subchapter. The Secretary shall establish long-range
planning guidelines and priorities for, and adequately evaluate, this program."
Subsec. (c)(3). Pub. L. 102–186, §4(b)(1)(A), substituted "section 1124" for "sections 1124 and 1125".
Subsec. (c)(8). Pub. L. 102–186, §2(b), added par. (8).
Subsec. (d)(6). Pub. L. 102–186, §2(c), inserted "and add" after "to pay for".
1987—Subsec. (b)(1)(A). Pub. L. 100–220, §3104(b)(1)(D), substituted "ocean, coastal, and Great Lakes
resources" for "ocean and coastal resources".
Subsec. (c). Pub. L. 100–220, §3104(c), substituted "Under Secretary" for "Administrator" wherever
appearing in introductory provisions and par. (2).
Subsec. (c)(5). Pub. L. 100–220, §3104(b)(2), substituted "ocean, coastal, and Great Lakes resources" for
"ocean and coastal resource".
Subsec. (d)(3). Pub. L. 100–220, §3104(b)(1)(D), substituted "ocean, coastal, and Great Lakes resources"
for "ocean and coastal resources" in two places.
Subsec. (d)(6). Pub. L. 100–220, §3105(b), struck out "under section 1124(a) of this title" after "Secretary".
1980—Subsec. (c)(5) to (7). Pub. L. 96–289 added par. (5) and redesignated former pars. (5) and (6) as (6)
and (7), respectively.
1978—Subsecs. (a) to (c). Pub. L. 95–428, §2(b), substituted "national sea grant college program" for
"national sea grant program" wherever appearing.
Subsec. (d)(6), (7). Pub. L. 95–428, §3(1)(B), (C), added par. (6) and redesignated former par. (6) as (7).
1976—Pub. L. 94–461 substituted provisions covering the establishment and administration of the national
sea grant program for provisions covering the marine resource development programs.
1973—Subsec. (a). Pub. L. 93–73, §1(2), (5), deleted item (1) designation for provision respecting
consultation with experts and Federal agencies, deleted item (2) provision for seeking advice and counsel from
the National Council on Marine Resources and Engineering Development, and substituted "Secretary" for
"Foundation".
Subsec. (b). Pub. L. 93–73, §1(5), substituted "Secretary" for "Foundation" and "his authority" for "its
authority".
Subsec. (d)(1). Pub. L. 93–73, §1(3), (5), authorized Federal contributions exceeding percentage limitation
to programs limited to one percent of appropriations for the fiscal year when reducing or eliminating matching
payments by a participant when Secretary determines it would be inequitable relevant to the benefits derived
by the participant from the program to require the participant to make a one-third payment of the cost, and
substituted "Secretary" for "Foundation" in last sentence.
Subsec. (d)(2). Pub. L. 93–73, §1(4), (5), made prohibitions of paragraph inapplicable to non-self-propelled
habitats, buoys, platforms, or other similar devices or structures, used principally for research purposes and
substituted "Secretary" for "foundation".
Subsecs. (d)(3), (e). Pub. L. 93–73, §1(5), substituted "Secretary" for "Foundation".
Subsec. (f). Pub. L. 93–73, §1(5), substituted "Secretary" for "Foundation" and "his functions" for "its
functions".
Subsec. (g). Pub. L. 93–73, §1(6), substituted provisions for exercise of powers and authority under this
subchapter by the Secretary rather than the Foundation under the powers and authority of the National Science
Foundation Act of 1950, as amended.
Subsec. (h). Pub. L. 93–73, §1(5), substituted "Secretary" for "Foundation" and "his functions" for "its
functions".
Subsec. (i)(3). Pub. L. 93–73, §1(7), inserted "and which is so designated by the Secretary" after "marine
resources".
Subsec. (i)(4)(A) to (C). Pub. L. 93–73, §1(5), substituted "Secretary" for "Foundation".
1968—Subsec. (d)(1). Pub. L. 90–477 struck out "in any fiscal year" after "The total amount of payments"
and "by any participants".
The total amount paid pursuant to any such grant or contract may equal 662/3 percent, or any
lesser percent, of the total cost of the sea grant program or project involved; except that this
limitation shall not apply in the case of grants or contracts paid for with funds accepted by the
Secretary under section 1123(c)(4)(F) of this title or that are appropriated under section 1127(b) of
this title.
(b) Special grants; maximum amount; prerequisites
The Secretary may make special grants under this subsection to implement the objective set forth
in section 1121(b) of this title. The amount of any such grant may equal 100 percent, or any lesser
percent, of the total cost of the project involved. No grant may be made under this subsection unless
the Secretary finds that—
(1) no reasonable means is available through which the applicant can meet the matching
requirement for a grant under subsection (a);
(2) the probable benefit of such project outweighs the public interest in such matching
requirement; and
(3) the same or equivalent benefit cannot be obtained through the award of a contract or grant
under subsection (a).
The total amount that may be provided for grants under this subsection during any fiscal year shall
not exceed an amount equal to 5 percent of the total funds appropriated for such year under section
1131 of this title.
(c) Eligibility and procedure
Any person may apply to the Secretary for a grant or contract under this section. Application shall
be made in such form and manner, and with such content and other submissions, as the Secretary
shall by regulation prescribe. The Secretary shall act upon each such application within 6 months
after the date on which all required information is received.
(d) Terms and conditions
(1) Any grant made, or contract entered into, under this section shall be subject to the limitations
and provisions set forth in paragraphs (2), (3), and (4) and to such other terms, conditions, and
requirements as the Secretary deems necessary or appropriate. Terms, conditions, and requirements
imposed by the Secretary under this paragraph shall minimize any requirement of prior Federal
approval.
(2) No payment under any grant or contract under this section may be applied to—
(A) the purchase or rental of any land; or
(B) the purchase, rental, construction, preservation, or repair of any building, dock, or vessel;
except that payment under any such grant or contract may be applied to the short-term rental of
buildings or facilities for meetings which are in direct support of any sea grant program or project
and may, if approved by the Secretary, be applied to the purchase, rental, construction, preservation,
or repair of non-self-propelled habitats, buoys, platforms, and other similar devices or structures, or
to the rental of any research vessel which is used in direct support of activities under any sea grant
program or project.
(3) The total amount which may be obligated for payment pursuant to grants made to, and
contracts entered into with, persons under this section within any one State in any fiscal year shall
not exceed an amount equal to 15 percent of the total funds appropriated for such year pursuant to
section 1131 of this title.
(4) Any person who receives or utilizes any proceeds of any grant or contract under this section
shall keep such records as the Secretary shall by regulation prescribe as being necessary and
appropriate to facilitate effective audit and evaluation, including records which fully disclose the
amount and disposition by such recipient of such proceeds, the total cost of the program or project in
connection with which such proceeds were used, and the amount, if any, of such cost which was
provided through other sources. Such records shall be maintained for 3 years after the completion of
such a program or project. The Secretary and the Comptroller General of the United States, or any of
their duly authorized representatives, shall have access, for the purpose of audit and evaluation, to
any books, documents, papers, and records of receipts which, in the opinion of the Secretary or of the
Comptroller General, may be related or pertinent to such grants and contracts.
(Pub. L. 89–454, title II, §205, as added Pub. L. 89–688, §1, Oct. 15, 1966, 80 Stat. 1001; amended
Pub. L. 93–73, §1(8), July 10, 1973, 87 Stat. 170; Pub. L. 94–461, §2, Oct. 8, 1976, 90 Stat. 1964;
Pub. L. 95–428, §3(2), Oct. 7, 1978, 92 Stat. 999; Pub. L. 96–289, §1(3), June 28, 1980, 94 Stat. 605;
Pub. L. 100–220, title III, §3105(a), Dec. 29, 1987, 101 Stat. 1471; Pub. L. 102–186, §4(b)(1)(B),
Dec. 4, 1991, 105 Stat. 1283; Pub. L. 107–299, §4, Nov. 26, 2002, 116 Stat. 2346; Pub. L. 110–394,
§6, Oct. 13, 2008, 122 Stat. 4207.)
EDITORIAL NOTES
AMENDMENTS
2008—Subsec. (a). Pub. L. 110–394, §6(1), substituted "1123(c)(4)(F) of this title or that are appropriated
under section 1127(b) of this title." for "1123(c)(4)(F) of this title."
Subsec. (b). Pub. L. 110–394, §6(2), inserted concluding provisions and struck out former concluding
provisions which read as follows: "The total amount which may be provided for grants under this subsection
during any fiscal year shall not exceed an amount equal to 1 percent of the total funds appropriated for such
year pursuant to section 1131 of this title."
2002—Subsec. (a). Pub. L. 107–299 substituted "section 1123(c)(4)(F)" for "section 1123(d)(6)" in
concluding provisions.
1991—Subsec. (b)(3). Pub. L. 102–186 struck out reference to section 1125 of this title after reference to
subsection (a) of this section.
1987—Subsec. (d)(1). Pub. L. 100–220 inserted at end "Terms, conditions, and requirements imposed by
the Secretary under this paragraph shall minimize any requirement of prior Federal approval."
1980—Subsec. (d)(2). Pub. L. 96–289 authorized application of any payment under a grant or contract to
the short-term rental of buildings or facilities for meetings which are in direct support of any sea grant
program or project.
1978—Subsec. (a). Pub. L. 95–428 made the percentage limitation inapplicable to grants or contracts paid
for with funds accepted by the Secretary under section 1123(d)(6) of this title.
1976—Pub. L. 94–461 substituted provisions covering program or project grants and contracts for
provisions authorizing the study of ways to share with other countries the results of marine research useful in
the exploration, development, conservation, and management of marine resources.
1973—Pub. L. 93–73 substituted provisions for study of international marine technology transfer for prior
provisions respecting advisory functions of National Council on Marine Resources and Development.
§1125. Repealed. Pub. L. 102–186, §4(a), Dec. 4, 1991, 105 Stat. 1283
Section, Pub. L. 89–454, title II, §206, as added Pub. L. 94–461, §2, Oct. 8, 1976, 90 Stat. 1965; amended
Pub. L. 95–58, §1, June 29, 1977, 91 Stat. 254; Pub. L. 95–428, §3(3), Oct. 7, 1978, 92 Stat. 999; Pub. L.
96–289, §1(4), June 28, 1980, 94 Stat. 605; Pub. L. 100–220, title III, §3106(a), Dec. 29, 1987, 101 Stat.
1471, required development of a sea grant strategic research plan and authorized grants and contracts to carry
out the program.
(2) The Secretary may designate an institution, or an association or alliance of two or more such
institutions, as a sea grant college if the institution, association, or alliance—
(A) meets the qualifications in paragraph (1); and
(B) maintains a program of research, extension services, training, and education in fields related
to ocean, coastal, and Great Lakes resources.
(3) The Secretary may designate an institution, or an association or alliance of two or more such
institutions, as a sea grant institute if the institution, association, or alliance—
(A) meets the qualifications in paragraph (1); and
(B) maintains a program which includes, at a minimum, research and extension services.
(b) Additional designations
(1) Notification to Congress of designations
(A) In general
Not less than 30 days before designating an institution, or an association or alliance of two or
more such institutions, as a sea grant college or sea grant institute under subsection (a), the
Secretary shall notify Congress in writing of the proposed designation. The notification shall
include an evaluation and justification for the designation.
(B) Effect of joint resolution of disapproval
The Secretary may not designate an institution, or an association or alliance of two or more
such institutions, as a sea grant college or sea grant institute under subsection (a) if, before the
end of the 30-day period described in subparagraph (A), a joint resolution disapproving the
designation is enacted.
(2) Existing designees
Any institution, or association or alliance of two or more such institutions, designated as a sea
grant college or awarded institutional program status by the Director prior to March 6, 1998, shall
not have to reapply for designation as a sea grant college or sea grant institute, respectively, after
March 6, 1998, if the Director determines that the institution, or association or alliance of
institutions, meets the qualifications in subsection (a).
(c) Suspension or termination of designation
The Secretary may, for cause and after an opportunity for hearing, suspend or terminate any
designation under subsection (a).
(d) Duties
Subject to any regulations prescribed or guidelines established by the Secretary, it shall be the
responsibility of each sea grant college and sea grant institute—
(1) to develop and implement, in consultation with the Secretary and the Board, a program that
is consistent with the guidelines and priorities established under section 1123(c) of this title; and
(2) to conduct a merit review of all proposals for grants and contracts to be awarded under
section 1124 of this title.
(Pub. L. 89–454, title II, §207, as added Pub. L. 94–461, §2, Oct. 8, 1976, 90 Stat. 1966; amended
Pub. L. 100–220, title III, §3104(b)(1)(E), Dec. 29, 1987, 101 Stat. 1470; Pub. L. 105–160, §7, Mar.
6, 1998, 112 Stat. 24; Pub. L. 107–299, §8, Nov. 26, 2002, 116 Stat. 2348; Pub. L. 110–394, §§7,
9(a)(4)(C)(ii), Oct. 13, 2008, 122 Stat. 4207, 4208; Pub. L. 113–188, title II, §201(a), Nov. 26, 2014,
128 Stat. 2018; Pub. L. 116–221, §7, Dec. 18, 2020, 134 Stat. 1059.)
EDITORIAL NOTES
AMENDMENTS
2020—Subsec. (b). Pub. L. 116–221, §7(2), added par. (1), designated existing provisions as par. (2), and
inserted par. (2) heading.
Pub. L. 116–221, §7(1), substituted "Additional designations" for "Existing designees" in heading.
2014—Subsec. (e). Pub. L. 113–188, which directed amendment of section 207 of the National Sea Grant
Program Act by striking subsec. (e), was executed to this section, which is section 207 of the National Sea
Grant College Program Act, to reflect the probable intent of Congress. Prior to amendment, subsec. (e) related
to annual reports on progress made by colleges, universities, institutions, associations, and alliances to become
designated under this section as sea grant colleges or sea grant institutes.
2008—Subsec. (a)(1)(F). Pub. L. 110–394, §9(a)(4)(C)(ii), substituted "Board" for "panel".
Subsec. (a)(2)(B), (3)(B). Pub. L. 110–394, §7, substituted "extension services" for "advisory services".
Subsec. (d)(1). Pub. L. 110–394, §9(a)(4)(C)(ii), substituted "Board" for "panel".
2002—Subsec. (e). Pub. L. 107–299 added subsec. (e).
1998—Pub. L. 105–160 amended section catchline and text generally. Prior to amendment text consisted of
subsecs. (a) to (c) relating to authorization of the Secretary to designate sea grant college and sea grant
regional consortia with certain prerequisites, requirement of regulations to prescribe qualifications and
guidelines, and authorization of the Secretary to suspend or terminate any designation.
1987—Subsec. (a)(2)(A), (3)(A), (B). Pub. L. 100–220 substituted "ocean, coastal, and Great Lakes
resources" for "ocean and coastal resources".
§1127. Fellowships
(a) In general
To carry out the educational and training objectives of this subchapter, the Secretary shall support
a program of fellowships for qualified individuals at the graduate and post-graduate level. The
fellowships shall be related to ocean, coastal, and Great Lakes resources and awarded pursuant to
guidelines established by the Secretary. The Secretary shall strive to ensure equal access for minority
and economically disadvantaged students to the program carried out under this subsection.
(b) Dean John A. Knauss Marine Policy Fellowship
(1) In general
The Secretary shall award marine policy fellowships to support the placement of individuals at
the graduate level of education in fields related to ocean, coastal and Great Lakes resources in
positions with the executive and legislative branches of the United States Government.
(2) Placement priorities
(A) In general
In each year in which the Secretary awards a legislative fellowship under this subsection,
when considering the placement of fellows, the Secretary shall prioritize placement of fellows
in the following:
(i) Positions in offices of, or with Members on, committees of Congress that have
jurisdiction over the National Oceanic and Atmospheric Administration.
(ii) Positions in offices of Members of Congress that have a demonstrated interest in ocean,
coastal, or Great Lakes resources.
(B) Equitable distribution
In placing fellows in offices described in subparagraph (A), the Secretary shall ensure that
placements are equitably distributed among the political parties.
(3) Duration
A fellowship awarded under this subsection shall be for a period of not more than 1 year.
(c) Restriction on use of funds
Amounts available for fellowships under this section, including amounts accepted under section
1123(c)(4)(F) of this title or appropriated under section 1131 of this title to implement this section,
shall be used only for award of such fellowships and administrative costs of implementing this
section.
(Pub. L. 89–454, title II, §208, as added Pub. L. 94–461, §2, Oct. 8, 1976, 90 Stat. 1966; amended
Pub. L. 100–66, §3, July 10, 1987, 101 Stat. 384; Pub. L. 100–220, title III, §3107, Dec. 29, 1987,
101 Stat. 1472; Pub. L. 102–186, §4(b)(1)(C), (D), Dec. 4, 1991, 105 Stat. 1283; Pub. L. 105–160,
§4(b)(2), Mar. 6, 1998, 112 Stat. 22; Pub. L. 107–299, §5, Nov. 26, 2002, 116 Stat. 2346; Pub. L.
110–394, §8, Oct. 13, 2008, 122 Stat. 4207; Pub. L. 113–188, title II, §201(c), Nov. 26, 2014, 128
Stat. 2018; Pub. L. 116–221, §3(a), (b), Dec. 18, 2020, 134 Stat. 1057.)
EDITORIAL NOTES
REFERENCES IN TEXT
This subchapter, referred to in subsec. (a), was in the original "this Act" and was translated as reading "this
title" meaning title II of Pub. L. 89–454, which enacted this subchapter, to reflect the probable intent of
Congress.
AMENDMENTS
2020—Subsec. (b). Pub. L. 116–221 designated first sentence as par. (1) and inserted heading, substituted
"shall award" for "may award", added par. (2), and designated second sentence as par. (3) and inserted
heading.
2014—Subsec. (a). Pub. L. 113–188, which directed amendment of section 208(a) of the National Sea
Grant Program Act by striking the fourth sentence, was executed to this section, which is section 208(a) of the
National Sea Grant College Program Act, to reflect the probable intent of Congress. Prior to amendment,
fourth sentence read as follows: "Every 2 years, the Secretary shall submit a report to the Congress describing
the efforts by the Secretary to ensure equal access for minority and economically disadvantaged students to
the program carried out under this subsection, and the results of such efforts."
2008—Subsec. (a). Pub. L. 110–394, §8(1), substituted "Every 2 years," for "Not later than 1 year after
November 26, 2002, and every 2 years thereafter,".
Subsec. (c). Pub. L. 110–394, §8(2), added subsec. (c).
2002—Subsec. (a). Pub. L. 107–299, §5(a), inserted at end "The Secretary shall strive to ensure equal
access for minority and economically disadvantaged students to the program carried out under this subsection.
Not later than 1 year after November 26, 2002, and every 2 years thereafter, the Secretary shall submit a report
to the Congress describing the efforts by the Secretary to ensure equal access for minority and economically
disadvantaged students to the program carried out under this subsection, and the results of such efforts."
Subsec. (c). Pub. L. 107–299, §5(b), struck out heading and text of subsec. (c). Text read as follows: "The
Secretary shall establish and administer a program of postdoctoral fellowships to accelerate research in critical
subject areas. The fellowship awards—
"(1) shall be for 2 years;
"(2) may be renewed once for not more than 2 years;
"(3) shall be awarded on a nationally competitive basis;
"(4) may be used at any institution of post-secondary education involved in the national sea grant
college program;
"(5) shall be for up to 100 percent of the total cost of the fellowship; and
"(6) may be made to recipients of terminal professional degrees, as well as doctoral degree recipients."
1998—Pub. L. 105–160 substituted "Secretary" for "Under Secretary" in subsec. (a) in two places and in
subsecs. (b) and (c).
1991—Subsec. (c)(5) to (7). Pub. L. 102–186 inserted "and" after semicolon at end of par. (5), redesignated
par. (7) as (6), and struck out former par. (6) which read as follows: "may be made for any of the priority areas
of research identified in the sea grant strategic research plan in effect under section 1125 of this title; and".
1987—Subsec. (a). Pub. L. 100–220 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as
follows: "The Secretary shall support a sea grant fellowship program to provide educational and training
assistance to qualified individuals at the undergraduate and graduate levels of education in fields related to
ocean and coastal resources. Such fellowships shall be awarded pursuant to guidelines established by the
Secretary. Except as provided in subsection (b) of this section, sea grant fellowships may only be awarded by
sea grant colleges, sea grant regional consortia, institutions of higher education, and professional associations
and institutes."
Pub. L. 100–66, §3(1), substituted "Except as provided in subsection (b) of this section, sea" for "Sea".
Subsec. (b). Pub. L. 100–220 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as
follows:
"(1) As part of the sea grant fellowship program, the Secretary may award sea grant fellowships to support
the placement of qualified individuals in positions with the executive and legislative branches of the United
States Government. No fellowship may be awarded under this paragraph for a period exceeding one year.
"(2) For purposes of this subsection, the term 'qualified individual' means an individual at the graduate level
of education in fields related to ocean and coastal resources."
Pub. L. 100–66, §3(2), (3), added subsec. (b) and redesignated former subsec. (b) as (c).
Subsec. (c). Pub. L. 100–220 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as
follows: "The total amount which may be provided for grants under the sea grant fellowship program during
any fiscal year shall not exceed an amount equal to 5 percent of the total funds appropriated for such year
pursuant to section 1131 of this title."
Pub. L. 100–66, §3(2), redesignated former subsec. (b) as (c).
(6) The Board shall meet on a biannual basis and, at any other time, at the call of the Chairman or
upon the request of a majority of the voting members or of the Director.
(7) The Board may exercise such powers as are reasonably necessary in order to carry out its
duties under subsection (b).
(8) The Board may establish such subcommittees as are reasonably necessary to carry out its
duties under subsection (b). Such subcommittees may include individuals who are not Board
members.
(Pub. L. 89–454, title II, §209, as added Pub. L. 94–461, §2, Oct. 8, 1976, 90 Stat. 1967; amended
Pub. L. 96–289, §1(5), June 28, 1980, 94 Stat. 605; Pub. L. 100–220, title III, §§3104(b)(1)(F), 3108,
Dec. 29, 1987, 101 Stat. 1471, 1473; Pub. L. 102–186, §§4(b)(1)(E), (F), 5(b)(2), Dec. 4, 1991, 105
Stat. 1283, 1284; Pub. L. 105–160, §§4(b)(1), 8, Mar. 6, 1998, 112 Stat. 22, 25; Pub. L. 107–299, §6,
Nov. 26, 2002, 116 Stat. 2346; Pub. L. 110–394, §9(a)(4)(A), (C)(iii)–(e), Oct. 13, 2008, 122 Stat.
4208; Pub. L. 116–221, §§5, 11(2), Dec. 18, 2020, 134 Stat. 1058, 1061.)
EDITORIAL NOTES
AMENDMENTS
2020—Subsec. (b)(2). Pub. L. 116–221, §5, substituted "Periodic" for "Biennial" in heading, substituted
"The Board shall report to Congress at least once every four years on the state of the national sea grant college
program and shall notify Congress of any significant changes to the state of the program not later than two
years after the submission of such a report." for "The Board shall report to the Congress every two years on
the state of the national sea grant college program." in first sentence, and inserted "and provide a summary of
research conducted under the program" after "section 1123(c) of this title" in second sentence. Former third
sentence redesignated subsec. (b)(3).
Subsec. (b)(3). Pub. L. 116–221, §11(2), designated third sentence of subsec. (b)(2) as par. (3) and inserted
heading.
2008—Pub. L. 110–394, §9(a)(4)(A), substituted "National Sea Grant Advisory Board" for "Sea grant
review panel" in section catchline.
Subsec. (a). Pub. L. 110–394, §9(a)(4)(A), added subsec. (a) and struck out former subsec. (a). Prior to
amendment, text read as follows: "There shall be established an independent committee to be known as the
sea grant review panel."
Subsec. (b). Pub. L. 110–394, §9(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) related
to duties of sea grant review panel.
Subsec. (c). Pub. L. 110–394, §9(a)(4)(C)(iii), substituted "Board" for "panel" wherever appearing.
Subsec. (c)(1). Pub. L. 110–394, §9(c), inserted "coastal management," after "resource management," and
"management," after "development,".
Subsec. (c)(3). Pub. L. 110–394, §9(d), substituted "The Director may extend the term of office of a voting
member of the Board once by up to 1 year." for "A voting member may serve after the date of the expiration
of the term of office for which appointed until his or her successor has taken office."
Subsec. (c)(8). Pub. L. 110–394, §9(e), added par. (8).
2002—Subsec. (c)(2). Pub. L. 107–299 inserted first and second sentences and struck out former first
sentence which read as follows: "The term of office of a voting member of the panel shall be 3 years, except
that of the original appointees, five shall be appointed for a term of 1 year, five shall be appointed for a term
of 2 years, and five shall be appointed for a term of 3 years."
1998—Subsec. (a). Pub. L. 105–160, §8(a), struck out at end "The panel shall, on the 60th day after
October 8, 1976, supersede the sea grant advisory panel in existence before October 8, 1976."
Subsec. (b). Pub. L. 105–160, §§4(b)(1), 8(b)(1), inserted heading and in introductory provisions substituted
"The panel" for "The Panel" and struck out ", the Under Secretary," after "the Secretary".
Subsec. (b)(1). Pub. L. 105–160, §8(b)(2), struck out "and section 1124a of this title" before semicolon at
end.
Subsec. (b)(3). Pub. L. 105–160, §8(b)(3), substituted "institutes" for "regional consortia".
Subsec. (c)(1)(A). Pub. L. 105–160, §8(c)(1), substituted "college or sea grant institute" for "college, sea
grant regional consortium, or sea grant program".
Subsec. (c)(5)(A). Pub. L. 105–160, §8(c)(2), added subpar. (A) and struck out former subpar. (A) which
read as follows: "receive compensation at the daily rate for GS–18 of the General Schedule under section 5332
of title 5 when actually engaged in the performance of duties for such panel; and".
1991—Subsec. (b)(1). Pub. L. 102–186, §4(b)(1)(E), substituted "section 1124" for "sections 1124 and
1125".
Subsec. (c)(1). Pub. L. 102–186, §§4(b)(1)(F), 5(b)(2), inserted "marine affairs and resource management,"
after "education," in fourth sentence and struck out "or 1125" after "1124" in last sentence.
1987—Subsec. (b). Pub. L. 100–220, §3108(1), in introductory provisions, substituted "The Panel shall
advise the Secretary, the Under Secretary, and the Director concerning—" for "The panel shall take such steps
as may be necessary to review, and shall advise the Secretary, the Administrator, and the Director with respect
to—", and in par. (1), inserted "and section 1124a of this title".
Subsec. (c)(1). Pub. L. 100–220, §§3104(b)(1)(F), 3108(2)(A), (B), amended second sentence generally,
substituted "8" for "five" in third sentence, and substituted "ocean, coastal, and Great Lakes resources" for
"ocean and coastal resources" in fourth sentence. Prior to amendment, second sentence read as follows: "The
Director shall serve as a nonvoting member of the panel."
Subsec. (c)(2). Pub. L. 100–220, §3108(2)(C), inserted at end "At least once each year, the Secretary shall
publish a notice in the Federal Register soliciting nominations for membership on the panel."
Subsec. (c)(3). Pub. L. 100–220, §3108(2)(D), struck out ", or until 90 days after such date, whichever is
earlier" after "office" at end of second sentence.
1980—Subsec. (c)(3). Pub. L. 96–289 substituted authorization for reappointment for one additional full
term of an appointee to a partial or full term for prior authorization for filling vacancies for remainder of
appointee's term and prohibition against status as a voting member after service of one full term as such voting
member.
EDITORIAL NOTES
AMENDMENTS
1987—Pub. L. 100–220 substituted "ocean, coastal, and Great Lakes resources" for "ocean and coastal
resources" in introductory provisions.
§1130. Repealed. Pub. L. 102–186, §5(a), Dec. 4, 1991, 105 Stat. 1283
Section, Pub. L. 89–454, title II, §211, as added Pub. L. 94–461, §2, Oct. 8, 1976, 90 Stat. 1968; amended
Pub. L. 95–428, §§2(b), 3(4), Oct. 7, 1978, 92 Stat. 999; Pub. L. 100–220, title III, §3109, Dec. 29, 1987, 101
Stat. 1473, authorized grants for graduate programs in marine affairs and resource management during fiscal
years 1988 through 1990.
EDITORIAL NOTES
REFERENCES IN TEXT
This subchapter, referred to in subsec. (e), was in the original "this Act" and was translated as reading "this
title" meaning title II of Pub. L. 89–454, which enacted this subchapter, to reflect the probable intent of
Congress.
AMENDMENTS
2020—Subsec. (a)(1). Pub. L. 116–221, §9(a)(1), amended par. (1) generally. Prior to amendment, par. (1)
authorized appropriations for fiscal years 2009 through 2014.
Subsec. (a)(2). Pub. L. 116–221, §9(a)(2), amended par. (2) generally. Prior to amendment, par. (2) related
to priority activities for fiscal years 2009 through 2014.
Subsec. (b)(1). Pub. L. 116–221, §9(b), amended par. (1) generally. Prior to amendment, par. (1) related to
limitations on amounts for administration of programs.
Subsecs. (c) to (e). Pub. L. 116–221, §9(c)(2), redesignated subsecs. (d) and (e) as (c) and (d), respectively,
and struck out former subsec. (c) which related to distribution of excess funds.
2008—Subsec. (a)(1). Pub. L. 110–394, §10(1), added par. (1) and struck out former par. (1) which
authorized appropriations for fiscal years 2003 through 2008.
Subsec. (a)(2). Pub. L. 110–394, §10(2)(A), substituted "fiscal years 2009 through 2014—" for "fiscal years
2003 through 2008—" in introductory provisions.
Subsec. (a)(2)(A). Pub. L. 110–394, §10(2)(B), substituted "biology, prevention, and control of aquatic" for
"biology and control of zebra mussels and other important aquatic".
Subsec. (a)(2)(C). Pub. L. 110–394, §10(2)(C), substituted "blooms; and" for "blooms, including Pfiesteria
piscicida; and".
Subsec. (c)(1). Pub. L. 110–394, §10(3), substituted "performance assessments" for "rating under section
1123(d)(3)(A) of this title".
Subsec. (c)(2). Pub. L. 110–394, §10(4), added par. (2) and struck out former par. (2) which read as
follows: "national strategic investments authorized under section 1123(b)(4) of this title;".
2002—Subsecs. (a) to (c). Pub. L. 107–299 amended subsecs. (a) to (c) generally, substituting provisions
relating to authorization, limitations, and distribution of funds for provisions relating to authorization, program
elements, and priority oyster disease research.
1998—Subsec. (a). Pub. L. 105–160, §9(a), inserted heading and amended text of subsec. (a) generally.
Prior to amendment, text read as follows: "There is authorized to be appropriated to carry out the provisions of
sections 1124 and 1127 of this title, and section 1124a of this title, an amount—
"(1) for fiscal year 1991, not to exceed $44,398,000;
"(2) for fiscal year 1992, not to exceed $46,014,000;
"(3) for fiscal year 1993, not to exceed $47,695,000;
"(4) for fiscal year 1994, not to exceed $49,443,000; and
"(5) for fiscal year 1995, not to exceed $51,261,000."
Subsec. (b). Pub. L. 105–160, §9(b), inserted subsec. heading and amended par. (1) generally. Prior to
amendment, par. (1) read as follows: "There is authorized to be appropriated for administration of this
subchapter, including section 1128 of this title, by the National Sea Grant Office and the Administration, an
amount—
"(A) for fiscal year 1991, not to exceed $2,500,000;
"(B) for fiscal year 1992, not to exceed $2,600,000;
"(C) for fiscal year 1993, not to exceed $2,700,000;
"(D) for fiscal year 1994, not to exceed $2,800,000; and
"(E) for fiscal year 1995, not to exceed $2,900,000."
1991—Subsecs. (a) to (c). Pub. L. 102–186 amended subsecs. (a) to (c) generally. Prior to amendment,
subsecs. (a) to (c) read as follows:
"(a) There is authorized to be appropriated to carry out the provisions of this subchapter other than sections
1125 and 1130 of this title, an amount—
"(1) for fiscal year 1988, not to exceed $41,500,000;
"(2) for fiscal year 1989, not to exceed $50,500,000; and
"(3) for fiscal year 1990, not to exceed $51,000,000.
"(b) There is authorized to be appropriated to carry out section 1125 of this title and section 1127(c) of this
title, an amount—
"(1) for fiscal year 1988, not to exceed $500,000;
"(2) for fiscal year 1989, not to exceed $5,000,000; and
"(3) for fiscal year 1990, not to exceed $10,000,000.
"(c) There is authorized to be appropriated to carry out section 1130 of this title, an amount—
"(1) for fiscal year 1988, not to exceed $2,000,000;
"(2) for fiscal year 1989, not to exceed $2,500,000; and
"(3) for fiscal year 1990, not to exceed $3,000,000."
1987—Pub. L. 100–220 amended section generally, substituting provisions of subsecs. (a) to (e) relating to
appropriations authorizations for fiscal years 1988, 1989, and 1990, for provisions formerly contained in a
single unlettered paragraph relating to appropriations authorizations for fiscal years 1978 to 1983 and 1985 to
1987.
1984—Par. (4). Pub. L. 98–623 added par. (4).
1980—Par. (3). Pub. L. 96–289 added par. (3).
1978—Pub. L. 95–428 substituted appropriations authorization of $50,000,000 for fiscal years 1977, and
1978, for prior $50,000,000 authorization for fiscal years ending Sept. 30, 1977, and 1978, and authorized
appropriation of $55,000,000 for fiscal years 1979 and 1980.
1977—Pub. L. 95–58 substituted "each of the fiscal years ending September 30, 1977, and September 30,
1978" for "the fiscal year ending September 30, 1977".
EDITORIAL NOTES
CODIFICATION
This subchapter was enacted as part of the Young Fishermen's Development Act, and not as part of titles I
and II of Pub. L. 89–454 which comprise this chapter.
§1141. Definitions
In this subchapter:
(1) Sea Grant Institution
The term "Sea Grant Institution" means a sea grant college or sea grant institute, as those terms
are defined in section 1122 of this title.
(2) Tribal organization
The term "Tribal organization" has the meaning given the term "tribal organization" in section
5304 of title 25.
(3) Young fisherman
The term "young fisherman" means an individual who—
(A) desires to participate in the commercial fisheries of the United States, including the Great
Lakes fisheries;
(B) has worked as a captain, crew member, or deckhand on a commercial fishing vessel for
not more than 10 years of cumulative service; or
(C) is a beginning commercial fisherman.
(Pub. L. 116–289, §2, Jan. 5, 2021, 134 Stat. 4886.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Young Fishermen's Development Act, and not as part of titles I and II of
Pub. L. 89–454 which comprise this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Young Fishermen's Development Act, and not as part of titles I and II of
Pub. L. 89–454 which comprise this chapter.
§1143. Grants
(a) In general
In carrying out the Program, the Secretary shall make competitive grants to support new and
established local and regional training, education, outreach, and technical assistance initiatives for
young fishermen, including programs, workshops, and services relating to—
(1) seamanship, navigation, electronics, and safety;
(2) vessel and engine care, maintenance, and repair;
(3) innovative conservation fishing gear engineering and technology;
(4) sustainable fishing practices;
(5) entrepreneurship and good business practices;
(6) direct marketing, supply chain, and traceability;
(7) financial and risk management, including vessel, permit, and quota purchasing;
(8) State and Federal legal requirements for specific fisheries, including reporting, monitoring,
licenses, and regulations;
(9) State and Federal fisheries policy and management;
(10) mentoring, apprenticeships, or internships; and
(11) any other activities, opportunities, or programs, as the Secretary determines appropriate.
(b) Eligibility
(1) Applicants
To be eligible to receive a grant under the Program, a recipient shall be a collaborative State,
Tribal, local, or regionally based network or partnership of public or private entities, which may
include—
(A) a Sea Grant Institution;
(B) a Federal or State agency or a Tribal organization;
(C) a community-based nongovernmental organization;
(D) fishermen's cooperatives or associations;
(E) an institution of higher education (including an institution awarding an associate's
degree), or a foundation maintained by an institution of higher education; or
(F) any other appropriate entity, as the Secretary determines appropriate.
(2) Participants
All young fishermen seeking to participate in the commercial fisheries of the United States and
the Great Lakes are eligible to participate in the activities funded through grants provided for in
this section, except that participants in such activities shall be selected by each grant recipient.
(c) Maximum term and amount of grant
(1) In general
A grant under this section shall—
(A) have a term of no more than 3 fiscal years; and
(B) be in an amount that is not more than $200,000 for each fiscal year.
(2) Consecutive grants
An eligible recipient may receive consecutive grants under this section.
(d) Matching requirement
To be eligible to receive a grant under this section, a recipient shall provide a match in the form of
cash or in-kind contributions from the recipient in the amount equal to or greater than 25 percent of
the funds provided by the grant.
(e) Regional balance
In making grants under this section, the Secretary shall, to the maximum extent practicable, ensure
geographic diversity.
(f) Cooperation and evaluation criteria
In carrying out this section and in developing criteria for evaluating grant applications, the
Secretary shall consult, to the maximum extent practicable, with—
(1) Sea Grant Institutions and extension agents of such institutions;
(2) community-based nongovernmental fishing organizations;
(3) Federal and State agencies, including Regional Fishery Management Councils established
under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et
seq.); 1
(4) institutions of higher education with fisheries expertise and programs; and
(5) partners, as the Secretary determines.
(g) Prohibition
A grant under this section may not be used to purchase any fishing license, permit, quota, or other
harvesting right.
(Pub. L. 116–289, §4, Jan. 5, 2021, 134 Stat. 4886.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (f)(3), is Pub. L.
94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§1801 et seq.) of Title 16,
Conservation. Title III of the Act is classified generally to subchapter IV (§1851 et seq.) of chapter 38 of Title
16. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title
16 and Tables.
CODIFICATION
Section was enacted as part of the Young Fishermen's Development Act, and not as part of titles I and II of
Pub. L. 89–454 which comprise this chapter.
§1144. Funding
(a) Authorizations
There are authorized to be appropriated to carry out this subchapter $2,000,000 for each of fiscal
years 2022 through 2026.
(b) Derivation
Funds to carry out the activities under this subchapter shall be derived from amounts authorized to
be appropriated pursuant to the preceding subsection that are enacted after January 5, 2021.
(Pub. L. 116–289, §5, Jan. 5, 2021, 134 Stat. 4888.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Young Fishermen's Development Act, and not as part of titles I and II of
Pub. L. 89–454 which comprise this chapter.
EDITORIAL NOTES
CODIFICATION
Sections 1151 to 1165 of this title were omitted as superseded by Pub. L. 92–500, §2, Oct. 18, 1972, 86
Stat. 816. See section 1251 et seq. of this title.
Section 1151, acts June 30, 1948, ch. 758, §1, 62 Stat. 1155; July 9, 1956, ch. 518, §1, 70 Stat. 498; July 20,
1961, Pub. L. 87–88, §1(a), 75 Stat. 204; Oct. 2, 1965, Pub. L. 89–234, §1(a), 79 Stat. 903; 1966 Reorg. Plan
No. 2, §§1(a), (e)(1), 5, eff. May 10, 1966, 31 F.R. 6857, 80 Stat. 1608; 1970 Reorg. Plan No. 3, §2(a)(1), eff.
Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, related to Congressional declaration of policy in controlling water
pollution.
Section 1152, act June 30, 1948, ch. 758, §2, as added Oct. 2, 1965, Pub. L. 89–234, §2(a), 79 Stat. 903;
amended 1966 Reorg. Plan No. 2, §1(a), (b), eff. May 10, 1966, 31 F.R. 6857, 80 Stat. 1608; Apr. 3, 1970,
Pub. L. 91–224, title I, §110(a), 84 Stat. 113, created within the Department of the Interior a Federal Water
Quality Administration. Reorg. Plan No. 3 of 1970, §§1, 2(a)(1), 6(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84
Stat. 2086, 2087, 2089, created Environmental Protection Agency, abolished Federal Water Quality
Administration in Department of the Interior, and transferred to Administrator of Environmental Protection
Agency all functions vested by law in Secretary of the Interior and Department of the Interior which had been
administered through Federal Water Quality Administration.
Section 1153, acts June 30, 1948, ch. 758, §3, formerly §2, 62 Stat. 1155; July 9, 1956, ch. 518, §1, 70 Stat.
498; July 20, 1961, Pub. L. 87–88, §§1(b), 2, 75 Stat. 204; renumbered Oct. 2, 1965, Pub. L. 89–234, §2(a),
79 Stat. 903; amended Nov. 3, 1966, Pub. L. 89–753, title I, §101, 80 Stat. 1246; 1970 Reorg. Plan No. 3,
§2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2086, related to preparation and development of
comprehensive water pollution programs.
Section 1154, acts June 30, 1948, ch. 758, §4, formerly §3, 62 Stat. 1157; July 9, 1956, ch. 518, §1, 70 Stat.
498; July 20, 1961, Pub. L. 87–88, §1(b), 75 Stat. 204; renumbered Oct. 2, 1965, Pub. L. 89–234, §2(a), 79
Stat. 903; 1970 Reorg. Plan No. 3, §2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2086, related to
interstate cooperation for prevention and control of water pollution.
Section 1155, acts June 30, 1948, ch. 758, §5, formerly §4, 62 Stat. 1158; July 9, 1956, ch. 518, §1, 70 Stat.
499; July 20, 1961, Pub. L. 87–88, §§1(b), (c), 3, 75 Stat. 204, 205; renumbered Oct. 2, 1965, Pub. L. 89–234,
§2(a), 79 Stat. 903; amended 1966 Reorg. Plan No. 2, §1(a), eff. May 10, 1966, 31 F.R. 6857, 80 Stat. 1608;
Nov. 3, 1966, Pub. L. 89–753, title II, §201(b), (c)(1), 80 Stat. 1247; Apr. 3, 1970, Pub. L. 91–224, title I,
§105, 84 Stat. 111; 1970 Reorg. Plan No. 3, §2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2086; Oct. 13,
1971, Pub. L. 92–137, §1, 85 Stat. 379; Mar. 1, 1972, Pub. L. 92–240, §1, 86 Stat. 47, related to research,
investigations, experiments, demonstrations, and studies in prevention and control of water pollution.
Section 1156, act June 30, 1948, ch. 758, §6, as added Oct. 2, 1965, Pub. L. 89–234, §3, 79 Stat. 905;
amended Nov. 3, 1966, Pub. L. 89–753, title II, §201(a), 80 Stat. 1246; Apr. 3, 1970, Pub. L. 91–224, title I,
§106, 84 Stat. 113; 1970 Reorg. Plan No. 3, §2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, related
to grants for research and development of methods to prevent and control water pollution.
Section 1157, acts June 30, 1948, ch. 758, §7, formerly §5, 62 Stat. 1158; July 9, 1956, ch. 518, §1, 70 Stat.
499; June 25, 1959, Pub. L. 86–70, §28(a), 73 Stat. 148; July 12, 1960, Pub. L. 86–624, §23(a), 74 Stat. 417;
July 20, 1961, Pub. L. 87–88, §§1(b), 4(a), (b), 75 Stat. 204, 205; renumbered and amended Oct. 2, 1965, Pub.
L. 89–234, §§2(a), 7(a), 79 Stat. 903, 910; Nov. 3, 1966, Pub. L. 89–753, title II, §202, 80 Stat. 1248; 1970
Reorg. Plan No. 3, §2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2086; July 9, 1971, Pub. L. 92–50, §2,
85 Stat. 124; Oct. 13, 1971, Pub. L. 92–137, §3, 85 Stat. 379; Mar. 1, 1972, Pub. L. 92–240, §2, 86 Stat. 47,
related to grants for water pollution control programs.
Section 1158, acts June 30, 1948, ch. 758, §8, formerly §6, 62 Stat. 1158; July 9, 1956, ch. 518, §1, 70 Stat.
502; July 20, 1961, Pub. L. 87–88, §§1(b), 5, 75 Stat. 204, 206; renumbered and amended Oct. 2, 1965, Pub.
L. 89–234, §§2(a), 4, 7(b), 79 Stat. 903, 906, 910; Nov. 3, 1966, Pub. L. 89–753, title II, §§203(a), 204, 205,
80 Stat. 1248–1250; Apr. 3, 1970, Pub. L. 91–224, title I, §111, 84 Stat. 113; 1970 Reorg. Plan No. 2, §§102,
103, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; 1970 Reorg. Plan No. 3, §2(a)(1), eff. Dec. 2, 1970, 15
F.R. 15623, 84 Stat. 2087; July 9, 1971, Pub. L. 92–50, §3, 85 Stat. 124; Oct. 13, 1971, Pub. L. 92–137, §4,
85 Stat. 379; Mar. 1, 1972, Pub. L. 92–240, §3, 86 Stat. 48, related to grants for construction of sewerage
treatment works.
Section 1159, acts June 30, 1948, ch. 758, §9, formerly §7, 62 Stat. 1159; July 17, 1952, ch. 927, 66 Stat.
755; July 9, 1956, ch. 518, §1, 70 Stat. 503; July 20, 1961, Pub. L. 87–88, §§1(b)–(d), 6(a), (b), 75 Stat. 204,
207; renumbered Oct. 2, 1965, Pub. L. 89–234, §2(a), 79 Stat. 903; amended 1966 Reorg. Plan No. 2, §1(a),
(c)(1), (2), eff. May 10, 1966, 31 F.R. 6857, 80 Stat. 1608; 1970 Reorg. Plan No. 3, §2(a)(1), (b)(1)(i), eff.
Dec. 3, 1970, 35 F.R. 15623, 84 Stat. 2087, related to establishment, composition, and duties of the Water
Pollution Control Advisory Board.
Section 1160, acts June 30, 1948, ch. 758, §10, formerly §8, 62 Stat. 1159; July 17, 1952, ch. 927, 66 Stat.
755; July 9, 1956, ch. 518, §1, 70 Stat. 504; July 20, 1961, Pub. L. 87–88, §§1(b), 7, 75 Stat. 204, 207;
renumbered and amended Oct. 2, 1965, Pub. L. 89–234, §§2(a), 5, 7(c), (d), 79 Stat. 903, 907, 910; 1966
Reorg. Plan No. 2, §1(a), (d)(1), (2), eff. May 10, 1966, 31 F.R. 6857, 80 Stat. 1608; Nov. 3, 1966, Pub. L.
89–753, title II, §§206–208, 80 Stat. 1250; Apr. 3, 1970, Pub. L. 91–224, title I, §112, 84 Stat. 114; 1970
Reorg. Plan No. 3, §2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, related to enforcement measures
against pollution of interstate or navigable waters.
Section 1161, act June 30, 1948, ch. 758, §11, as added Apr. 3, 1970, Pub. L. 91–224, title I, §102, 84 Stat.
91; amended 1970 Reorg. Plan No. 3, §2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, Dec. 31, 1970,
Pub. L. 91–611, title I, §120 84 Stat. 1823, related to control of pollution by oil.
Section 1162, act June 30, 1948, ch. 758, §12, as added Apr. 3, 1970, Pub. L. 91–224, title I, §102, 84 Stat.
98, related to control of pollution by hazardous substances.
Section 1163, act June 30, 1948, ch. 758, §13, as added Apr. 3, 1970, Pub. L. 91–224, title I, §102, 84 Stat.
100; amended 1970 Reorg. Plan No. 3, §2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, related to
control of sewage from vessels.
Section 1164, act June 30, 1948, ch. 758, §14, as added Apr. 3, 1970, Pub. L. 91–224, title I, §102, 84 Stat.
103; amended 1970 Reorg. Plan No. 3, §2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, related to
acid and other mine water pollution elimination or control projects.
Section 1165, act June 30, 1948, ch. 758, §15, as added Apr. 3, 1970, Pub. L. 91–224, title I, §102, 84 Stat.
104; amended 1970 Reorg. Plan No. 3, §2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, related to
Great Lakes pollution elimination or control projects.
§1165a. Transferred
EDITORIAL NOTES
CODIFICATION
Section transferred to section 1293a of this title.
EDITORIAL NOTES
CODIFICATION
Sections 1166 to 1175 of this title were omitted as superseded by Pub. L. 92–500, §2, Oct. 18, 1972, 86
Stat. 816. See section 1251 et seq. of this title.
Section 1166, act June 30, 1948, ch. 758, §16, as added Pub. L. 91–224, title I, §102, Apr. 3, 1970, 84 Stat.
104; amended 1970 Reorg. Plan No. 3, §2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, related to
training grants to and contracts with institutions of higher education for water quality control programs or
projects.
Section 1167, act June 30, 1948, ch. 758, §17, as added Pub. L. 91–224, title I, §102, Apr. 3, 1970, 84 Stat.
105; amended 1970 Reorg. Plan No. 3, §2(a)(1), eff. Dec. 3, 1970, 35 F.R. 15623, 84 Stat. 2087, related to
applications for training grants or contracts.
A prior section 17 of act June 30, 1948, formerly classified to section 466m of this title, was repealed by
Pub. L. 91–224, title 1, §102, Apr. 3, 1970, 84 Stat. 91, in the general reorganization of act June 30, 1948 by
Pub. L. 91–224.
Section 1168, act June 30, 1948, ch. 758, §18, as added Pub. L. 91–224, title I, §102, Apr. 3, 1970, 84 Stat.
105; amended 1970 Reorg. Plan No. 3, §2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, related to
awarding of scholarships for undergraduate study of operation and maintenance of treatment works.
A prior section 18 of act June 30, 1948, formerly classified to section 466n of this title, was repealed by
Pub. L. 91–224, title I, §102, Apr. 3, 1970, 84 Stat. 91, in the general reorganization of act June 30, 1948 by
Pub. L. 91–224.
Section 1169, act June 30, 1948, ch. 758, §19, as added Pub. L. 91–224, title I, §102, Apr. 3, 1970, 84 Stat.
106; amended 1970 Reorg. Plan No. 3, §2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, related to an
annual report by the Administrator of the Environmental Protection Agency, appropriations for certain fiscal
years, and defined certain terms as used in this chapter.
Section 1170, act June 30, 1948, ch. 758, §20, as added Pub. L. 91–224, title I, §102, Apr. 3, 1970, 84 Stat.
107; amended 1970 Reorg. Plan No. 3, §2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, related to
Alaska village safe water and pollution elimination or control projects.
Section 1171, act June 30, 1948, ch. 758, §21, formerly §9, 62 Stat. 1160; July 9, 1956, ch. 518, §1, 70 Stat.
506; Pub. L. 87–88, §8, July 20, 1961, 75 Stat. 210; renumbered §11 and amended Pub. L. 89–234, §§2(a),
7(e), Oct. 2, 1965, 79 Stat. 903, 910; 1966 Reorg. Plan No. 2, §1(a), eff. May 10, 1966, 31 F.R. 6857, 80 Stat.
1608; renumbered §21 and amended Pub. L. 91–224, title I, §§102, 103, Apr. 3, 1970, 84 Stat. 91, 107; 1970
Reorg. Plan No. 3, §2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, related to cooperation by all
Federal agencies in pollution control.
Section 1172, act June 30, 1948, ch. 758, §22, formerly §10, 62 Stat. 1160; July 9, 1956, ch. 518, §1, 70
Stat. 506; Pub. L. 87–88, §1(b), (d), (e), July 20, 1961, 75 Stat. 204; renumbered §12 and amended Pub. L.
89–234, §§2(a), 6, Oct. 2, 1965, 79 Stat. 903, 909; 1966 Reorg. Plan No. 2, §1(a), eff. May 10, 1966, 31 F.R.
6857, 80 Stat. 1608; renumbered §22 and amended Pub. L. 91–224, title I, §§102, 104, Apr. 3, 1970, 84 Stat.
91, 110; 1970 Reorg. Plan No. 3, §2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, related to
administration of water pollution control program under this chapter.
Section 1173, act June 30, 1948, ch. 758, §23, formerly §11, 62 Stat. 1161; July 9, 1956, ch. 518, §1, 70
Stat. 506; Pub. L. 86–70, §28(b), June 25, 1959, 73 Stat. 148; Pub. L. 86–624, §23(b), July 12, 1960, 74 Stat.
418; Pub. L. 87–88, §9, July 20, 1961, 75 Stat. 210; renumbered §13, Pub. L. 89–234, §2(a), Oct. 2, 1965, 79
Stat. 903; amended Pub. L. 89–753, title II, §209, Nov. 3, 1966, 80 Stat. 1251; renumbered §23, Pub. L.
91–224, title I, §102, Apr. 3, 1970, 84 Stat. 91, related to definitions of terms used in this chapter.
Section 1174, act June 30, 1948, ch. 758, §24, formerly §12, as added July 9, 1956, ch. 518, §1, 70 Stat.
506; renumbered §14, Pub. L. 89–234, §2(a), Oct. 2, 1965, 79 Stat. 903; renumbered §24 and amended Pub.
L. 91–224, §§102, 107, Apr. 3, 1970, 84 Stat. 91, 113, related to application of this chapter to other laws.
Section 1175, act June 30, 1948, ch. 758, §26, formerly §16, as added Pub. L. 89–753, title II, §210, Nov. 3,
1966, 80 Stat. 1252; renumbered §26, Pub. L. 91–224, title I, §102, Apr. 3, 1970, 84 Stat. 91; amended 1970
Reorg. Plan No. 3, §2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, related to cost estimates, studies,
and analysis by the Administrator of Environmental Protection Agency.
§1202. Definitions
For the purpose of this chapter—
(1) "Secretary" means the Secretary of the Department in which the Coast Guard is operating;
(2) "power-driven vessel" means any vessel propelled by machinery; and
(3) "towing vessel" means any commercial vessel engaged in towing another vessel astern,
alongside, or by pushing ahead.
(Pub. L. 92–63, §3, Aug. 4, 1971, 85 Stat. 164.)
shall have a radiotelephone capable of operation from its navigational bridge or, in the case of a
dredge, from its main control station and capable of transmitting and receiving on the frequency or
frequencies within the 156–162 Mega-Hertz band using the classes of emissions designated by the
Federal Communications Commission, after consultation with other cognizant agencies, for the
exchange of navigational information.
(b) Vessels upon navigable waters of United States inside high seas lines
The radiotelephone required by subsection (a) shall be carried on board the described vessels,
dredges, and floating plants upon the navigable waters of the United States, which includes all waters
of the territorial sea of the United States as described in Presidential Proclamation 5928 of December
27, 1988.
(Pub. L. 92–63, §4, Aug. 4, 1971, 85 Stat. 164; Pub. L. 102–241, §16, Dec. 19, 1991, 105 Stat. 2213;
Pub. L. 104–324, title VII, §704, Oct. 19, 1996, 110 Stat. 3933; Pub. L. 107–295, title III, §321, Nov.
25, 2002, 116 Stat. 2103.)
EDITORIAL NOTES
REFERENCES IN TEXT
Presidential Proclamation 5928 of December 27, 1988, referred to in subsec. (b), is set out as a note under
section 1331 of Title 43, Public Lands.
AMENDMENTS
2002—Subsec. (b). Pub. L. 107–295 substituted "United States, which includes all waters of the territorial
sea of the United States as described in Presidential Proclamation 5928 of December 27, 1988" for "United
States inside the lines established pursuant to section 151 of this title".
1996—Subsec. (a)(2). Pub. L. 104–324 inserted "as measured under section 14502 of title 46, or an
alternate tonnage measured under section 14302 of that title as prescribed by the Secretary under section
14104 of that title," after "one hundred gross tons".
1991—Subsec. (a)(1). Pub. L. 102–241 amended par. (1) generally, substituting "twenty meters or over in
length" for "three hundred gross tons and upward".
§1207. Regulations
(a) Operating and technical conditions and characteristics; frequencies, emission, and power of
radiotelephone equipment
The Federal Communications Commission shall, after consultation with other cognizant agencies,
prescribe regulations necessary to specify operating and technical conditions and characteristics
including frequencies, emission, and power of radiotelephone equipment required under this chapter.
(b) Enforcement
The Secretary shall, subject to the concurrence of the Federal Communications Commission,
prescribe regulations for the enforcement of this chapter.
(Pub. L. 92–63, §8, Aug. 4, 1971, 85 Stat. 165.)
§1208. Penalties
(a) Master, person in charge, or pilot subject to penalty
Whoever, being the master or person in charge of a vessel subject to this chapter, fails to enforce
or comply with this chapter or the regulation, hereunder; or
Whoever, being designated by the master or person in charge of a vessel subject to this chapter to
pilot or direct the movement of the vessel, fails to enforce or comply with this chapter or the
regulations hereunder—
Is liable to a civil penalty of not more than $500 to be assessed by the Secretary.
(b) Vessels subject to penalty; jurisdiction
Every vessel navigating in violation of this chapter or the regulations hereunder is liable to a civil
penalty of not more than $500 to be assessed by the Secretary for which the vessel may be proceeded
against in any district court of the United States having jurisdiction.
(c) Remission or mitigation
Any penalty assessed under this section may be remitted or mitigated by the Secretary upon such
terms as he may deem proper.
(Pub. L. 92–63, §9, Aug. 4, 1971, 85 Stat. 165.)
§§1221 to 1223. Repealed. Pub. L. 115–282, title IV, §402(e), Dec. 4, 2018, 132
Stat. 4264
Section 1221, Pub. L. 92–340, §2, formerly title I, §101, July 10, 1972, 86 Stat. 424; renumbered and
amended Pub. L. 95–474, §2, Oct. 17, 1978, 92 Stat. 1471; Pub. L. 107–295, title IV, §443(1), Nov. 25, 2002,
116 Stat. 2132, related to statement of policy.
Section 1222, Pub. L. 92–340, §3, formerly title I, §102, July 10, 1972, 86 Stat. 425; renumbered and
amended Pub. L. 95–474, §2, Oct. 17, 1978, 92 Stat. 1471; Pub. L. 105–383, title III, §301(a), Nov. 13, 1998,
112 Stat. 3417; Pub. L. 108–293, title III, §304, Aug. 9, 2004, 118 Stat. 1042, provided definitions for the
chapter.
Section 1223, Pub. L. 92–340, §4, formerly title I, §103, July 10, 1972, 86 Stat. 426; renumbered and
amended Pub. L. 95–474, §2, Oct. 17, 1978, 92 Stat. 1472; Pub. L. 101–380, title IV, §4107(a), Aug. 18,
1990, 104 Stat. 514; Pub. L. 104–324, title VII, §705, Oct. 19, 1996, 110 Stat. 3934; Pub. L. 108–293, title III,
§302, Aug. 9, 2004, 118 Stat. 1041; Pub. L. 109–241, title IX, §901(d), July 11, 2006, 120 Stat. 564; Pub. L.
115–44, title III, §315(b)(1), Aug. 2, 2017, 131 Stat. 949, related to vessel operating requirements. See section
70001 of Title 46, Shipping.
§1223a. Transferred
EDITORIAL NOTES
CODIFICATION
Section, Pub. L. 92–340, §4A, as added Pub. L. 108–293, title IV, §410, Aug. 9, 2004, 118 Stat. 1045, was
redesignated and transferred to section 3105 of Title 46, Shipping, by Pub. L. 115–282, title IV,
§402(a)(1)(A), Dec. 4, 2018, 132 Stat. 4263.
§§1224, 1225. Repealed. Pub. L. 115–282, title IV, §402(e), Dec. 4, 2018, 132 Stat.
4264
Section 1224, Pub. L. 92–340, §5, formerly title I, §104, July 10, 1972, 86 Stat. 427; renumbered and
amended Pub. L. 95–474, §2, Oct. 17, 1978, 92 Stat. 1474; Pub. L. 107–295, title IV, §443(2), Nov. 25, 2002,
116 Stat. 2132, related to considerations by the Secretary in carrying out certain duties and responsibilities.
See section 70004 of Title 46, Shipping.
Section 1225, Pub. L. 92–340, §6, formerly title I, §105, July 10, 1972, 86 Stat. 427; renumbered and
amended Pub. L. 95–474, §2, Oct. 17, 1978, 92 Stat. 1475, related to waterfront safety. See section 70011 of
Title 46.
§1226. Transferred
EDITORIAL NOTES
CODIFICATION
Section was comprised of Pub. L. 92–340, §7, as added Pub. L. 99–399, title IX, §906, Aug. 27, 1986, as
amended. Subsections (a) and (b) of section 7 of Pub. L. 92–340 were redesignated and transferred to section
70116 of Title 46, Shipping, by Pub. L. 115–282, title IV, §402(b)(1), Dec. 4, 2018, 132 Stat. 4264.
Subsection (c) of section 7 of Pub. L. 92–340 was redesignated subsec. (f) and transferred to section 70103 of
Title 46 by Pub. L. 115–282, title IV, §402(c)(1), Dec. 4, 2018, 132 Stat. 4264. Pub. L. 115–282, title IV,
§408(a), (d)(1), Dec. 4, 2018, 132 Stat. 4268, concurrently redesignated and transferred subsections (a) and (b)
of section 7 of Pub. L. 92–340 to section 70102a of Title 46 and identically redesignated subsection (c) of
section 7 of Pub. L. 92–340 as subsec. (f) and transferred it to section 70103 of Title 46. However, Pub. L.
116–283, div. G, title LVXXXV [LXXXV], §8507(d)(1), (7), Jan. 1, 2021, 134 Stat. 4754, subsequently
repealed section 408 of Pub. L. 115–282, effective on the date of enactment of Pub. L. 115–282 (Dec. 4,
2018), and provided that the provisions of law redesignated, transferred, or otherwise amended by such
section 408 were amended to read as if that section had not been enacted.
PRIOR PROVISIONS
A prior section 1226, Pub. L. 92–340, §7, formerly title I, §106, July 10, 1972, 86 Stat. 427; renumbered §7
and amended Pub. L. 95–474, §2, Oct. 17, 1978, 92 Stat. 1475, related to requirement respecting federally
licensed pilots on any foreign or domestic self-propelled vessel engaged in the foreign trade when operating in
the navigable waters of the United States in areas, etc., where a pilot is not otherwise required by State law,
prior to repeal by Pub. L. 98–557, §29(g), Oct. 30, 1984, 98 Stat. 2875.
§§1227 to 1231. Repealed. Pub. L. 115–282, title IV, §402(e), Dec. 4, 2018, 132
Stat. 4264
Section 1227, Pub. L. 92–340, §8, formerly title I, §107, July 10, 1972, 86 Stat. 427; renumbered and
amended Pub. L. 95–474, §2, Oct. 17, 1978, 92 Stat. 1476, related to investigatory powers of the Secretary.
See section 70035 of Title 46, Shipping.
Section 1228, Pub. L. 92–340, §9, as added Pub. L. 95–474, §2, Oct. 17, 1978, 92 Stat. 1476; amended Pub.
L. 101–380, title IV, §4106(c), Aug. 18, 1990, 104 Stat. 514, related to conditions for entry to ports in the
United States. See section 70021 of Title 46.
Section 1229, Pub. L. 92–340, §10, as added Pub. L. 95–474, §2, Oct. 17, 1978, 92 Stat. 1477; amended
Pub. L. 98–557, §29(h), Oct. 30, 1984, 98 Stat. 2875, related to delegations of authority with respect to the
Saint Lawrence Seaway. See section 70032 of Title 46.
Section 1230, Pub. L. 92–340, §11, as added Pub. L. 95–474, §2, Oct. 17, 1978, 92 Stat. 1477; amended
Pub. L. 105–383, title III, §313, Nov. 13, 1998, 112 Stat. 3424, related to international agreements. See
section 70005 of Title 46.
Section 1231, Pub. L. 92–340, §12, as added Pub. L. 95–474, §2, Oct. 17, 1978, 92 Stat. 1477, related to
regulations necessary to implement this chapter. See section 70034 of Title 46.
§1231a. Repealed. Pub. L. 115–282, title VI, §601(c)(6)(A), Dec. 4, 2018, 132 Stat.
4290
Section, Pub. L. 96–380, Oct. 6, 1980, 94 Stat. 1521; Pub. L. 97–322, title I, §118(d), Oct. 15, 1982, 96
Stat. 1587; Pub. L. 98–557, §16(a), Oct. 30, 1984, 98 Stat. 2866; Pub. L. 101–225, title I, §105(b), Dec. 12,
1989, 103 Stat. 1910; Pub. L. 104–324, title III, §304(c), Oct. 19, 1996, 110 Stat. 3917; Pub. L. 107–295, title
III, §336, Nov. 25, 2002, 116 Stat. 2105; Pub. L. 108–293, title IV, §418(g), Aug. 9, 2004, 118 Stat. 1049;
Pub. L. 111–281, title VI, §621(e), Oct. 15, 2010, 124 Stat. 2976, established the Towing Safety Advisory
Committee. See section 15108 of Title 46, Shipping.
§§1232 to 1232b. Repealed. Pub. L. 115–282, title IV, §402(e), Dec. 4, 2018, 132
Stat. 4264
Section 1232, Pub. L. 92–340, §13, as added Pub. L. 95–474, §2, Oct. 17, 1978, 92 Stat. 1478; amended
Pub. L. 101–380, title IV, §4302(j), Aug. 18, 1990, 104 Stat. 539; Pub. L. 104–324, title III, §312(b), Oct. 19,
1996, 110 Stat. 3920; Pub. L. 115–44, title III, §315(b)(2), Aug. 2, 2017, 131 Stat. 949, related to enforcement
provisions. See section 70036 of Title 46, Shipping.
Section 1232a, Pub. L. 92–340, §14, as added Pub. L. 101–599, §2, Nov. 16, 1990, 104 Stat. 3040, related
to navigational hazards. See section 70012 of Title 46.
Section 1232b, Pub. L. 92–340, §15, as added Pub. L. 109–241, title VI, §602, July 11, 2006, 120 Stat. 553,
related to requirement to notify Coast Guard of release of objects into the navigable waters of the United
States. See section 70013 of Title 46.
§1232c. Transferred
EDITORIAL NOTES
CODIFICATION
Section, Pub. L. 92–340, §16, as added Pub. L. 115–44, title III, §315(a), Aug. 2, 2017, 131 Stat. 948, was
redesignated and transferred to section 70022 of Title 46, Shipping, by Pub. L. 116–283, div. G, title
LVXXXV [LXXXV], §8508, Jan. 1, 2021, 134 Stat. 4755, effective upon the enactment of section 401 of
Pub. L. 115–282 and notwithstanding section 402(e) of Pub. L. 115–282, which repealed this chapter.
§§1233 to 1236. Repealed. Pub. L. 115–282, title IV, §406(c), Dec. 4, 2018, 132
Stat. 4266
Section 1233, act Apr. 28, 1908, ch. 151, §1, 35 Stat. 69; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, related to
regulations as to regattas or marine parades. See section 70041(a) of Title 46, Shipping.
Section 1234, act Apr. 28, 1908, ch. 151, §2, 35 Stat. 69; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, related to
enforcement of regulations and use of public or private vessels. See section 70041(b) of Title 46.
Section 1235, act Apr. 28, 1908, ch. 151, §3, 35 Stat. 69; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736, related to
transfer of authority to regulate to head of other department. See section 70041(c) of Title 46.
Section 1236, act Apr. 28, 1908, ch. 151, §4, 35 Stat. 69; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736; Pub. L.
101–380, title IV, §4302(k), Aug. 18, 1990, 104 Stat. 539, related to penalties for violations of regulations.
See section 70041(d) of Title 46.
EDITORIAL NOTES
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).
EXECUTIVE DOCUMENTS
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.
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.
(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.)
EDITORIAL NOTES
AMENDMENTS
1995—Subsec. (d). Pub. L. 104–66 struck out subsec. (d) which read as follows: "The Administrator, after
consultation with the States, and River Basin Commissions established under the Water Resources Planning
Act, shall submit a report to Congress on or before July 1, 1978, which analyzes the relationship between
programs under this chapter, and the programs by which State and Federal agencies allocate quantities of
water. Such report shall include recommendations concerning the policy in section 1251(g) of this title to
improve coordination of efforts to reduce and eliminate pollution in concert with programs for managing
water resources."
1977—Subsec. (d). Pub. L. 95–217 added subsec. (d).
§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.)
EDITORIAL NOTES
CODIFICATION
Section was not enacted as part of the Federal Water Pollution Control Act which comprises this chapter.
(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
The Administrator is authorized to enter into contracts with, or make grants to, public or private
agencies and organizations and individuals for (A) the purpose of developing and demonstrating new
or improved methods for the prevention, removal, reduction, and elimination of pollution in lakes,
including the undesirable effects of nutrients and vegetation, and (B) the construction of publicly
owned research facilities for such purpose.
(i) Oil pollution control studies
The 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
The Secretary of the department in which the Coast Guard is operating shall engage in such
research, studies, experiments, and demonstrations as he deems appropriate relative to equipment
which is to be installed on board a vessel and is designed to receive, retain, treat, or discharge human
body wastes and the wastes from toilets and other receptacles intended to receive or retain body
wastes with particular emphasis on equipment to be installed on small recreational vessels. The
Secretary of the department in which the Coast Guard is operating shall report to Congress the
results of such research, studies, experiments, and demonstrations prior to the effective date of any
regulations established under section 1322 of this title. In carrying out this subsection the Secretary
of the department in which the Coast Guard is operating may enter into contracts with, or make
grants to, public or private organizations and individuals.
(k) Land acquisition
In carrying out the provisions of this section relating to the conduct by the Administrator of
demonstration projects and the development of field laboratories and research facilities, the
Administrator may acquire land and interests therein by purchase, with appropriated or donated
funds, by donation, or by exchange for acquired or public lands under his jurisdiction which he
classifies as suitable for disposition. The values of the properties so exchanged either shall be
approximately equal, or if they are not approximately equal, the values shall be equalized by the
payment of cash to the grantor or to the Administrator as the circumstances require.
(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
In carrying out the provisions of subsection (a) of this section the Administrator shall, in
cooperation with the Secretary of Agriculture, other Federal agencies, and the States, carry out a
comprehensive study and research program to determine new and improved methods and the better
application of existing methods of preventing, reducing, and eliminating pollution from agriculture,
including the legal, economic, and other implications of the use of such methods.
(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
The Administrator is authorized to make grants to colleges and universities to conduct basic
research into the structure and function of freshwater aquatic ecosystems, and to improve
understanding of the ecological characteristics necessary to the maintenance of the chemical,
physical, and biological integrity of freshwater aquatic ecosystems.
(s) River Study Centers
The Administrator is authorized to make grants to one or more institutions of higher education
(regionally located and to be designated as "River Study Centers") for the purpose of conducting and
reporting on interdisciplinary studies on the nature of river systems, including hydrology, biology,
ecology, economics, the relationship between river uses and land uses, and the effects of
development within river basins on river systems and on the value of water resources and water
related activities. No such grant in any fiscal year shall exceed $1,000,000.
(t) Thermal discharges
The Administrator shall, in cooperation with State and Federal agencies and public and private
organizations, conduct continuing comprehensive studies of the effects and methods of control of
thermal discharges. In evaluating alternative methods of control the studies shall consider (1) such
data as are available on the latest available technology, economic feasibility including
cost-effectiveness analysis, and (2) the total impact on the environment, considering not only water
quality but also air quality, land use, and effective utilization and conservation of freshwater and
other natural resources. Such studies shall consider methods of minimizing adverse effects and
maximizing beneficial effects of thermal discharges. The results of these studies shall be reported by
the Administrator as soon as practicable, but not later than 270 days after October 18, 1972, and shall
be made available to the public and the States, and considered as they become available by the
Administrator in carrying out section 1326 of this title and by the States in proposing thermal water
quality standards.
(u) Authorization of appropriations
There is authorized to be appropriated (1) not to exceed $100,000,000 per fiscal year for the fiscal
year ending June 30, 1973, the fiscal year ending June 30, 1974, and the fiscal year ending June 30,
1975, not to exceed $14,039,000 for the fiscal year ending September 30, 1980, not to exceed
$20,697,000 for the fiscal year ending September 30, 1981, not to exceed $22,770,000 for the fiscal
year ending September 30, 1982, such sums as may be necessary for fiscal years 1983 through 1985,
and not to exceed $22,770,000 per fiscal year for each of the fiscal years 1986 through 1990, for
carrying out the provisions of this section, other than subsections (g)(1) and (2), (p), (r), and (t),
except that such authorizations are not for any research, development, or demonstration activity
pursuant to such provisions; (2) not to exceed $7,500,000 for fiscal years 1973, 1974, and 1975,
$2,000,000 for fiscal year 1977, $3,000,000 for fiscal year 1978, $3,000,000 for fiscal year 1979,
$3,000,000 for fiscal year 1980, $3,000,000 for fiscal year 1981, $3,000,000 for fiscal year 1982,
such sums as may be necessary for fiscal years 1983 through 1985, and $3,000,000 per fiscal year
for each of the fiscal years 1986 through 1990, for carrying out the provisions of subsection (g)(1);
(3) not to exceed $2,500,000 for fiscal years 1973, 1974, and 1975, $1,000,000 for fiscal year 1977,
$1,500,000 for fiscal year 1978, $1,500,000 for fiscal year 1979, $1,500,000 for fiscal year 1980,
$1,500,000 for fiscal year 1981, $1,500,000 for fiscal year 1982, such sums as may be necessary for
fiscal years 1983 through 1985, and $1,500,000 per fiscal year for each of the fiscal years 1986
through 1990, for carrying out the provisions of subsection (g)(2); (4) not to exceed $10,000,000 for
each of the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975, for carrying out the
provisions of subsection (p); (5) not to exceed $15,000,000 per fiscal year for the fiscal years ending
June 30, 1973, June 30, 1974, and June 30, 1975, for carrying out the provisions of subsection (r);
(6) not to exceed $10,000,000 per fiscal year for the fiscal years ending June 30, 1973, June 30,
1974, and June 30, 1975, for carrying out the provisions of subsection (t); (7) not to exceed
$25,000,000 for each of fiscal years 2019 through 2021 for carrying out subsections (b)(3), (b)(8),
and (g); and (8) not to exceed $75,000,000 for each of fiscal years 2022 through 2026 for carrying
out subsections (b)(3), (b)(8), and (g), of which not less than $50,000,000 each fiscal year shall be
used to carry out subsection (b)(8).
(v) Studies concerning pathogen indicators in coastal recreation waters
Not 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
For purposes of subsection (b)(8), the term "nonprofit organization" means a nonprofit
organization that the Administrator determines, after consultation with the States regarding what
small publicly owned treatment works in the State find to be most beneficial and effective, is
qualified and experienced in providing on-site training and technical assistance to small publicly
owned treatment works.
(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.)
EDITORIAL NOTES
CODIFICATION
In subsecs. (b)(4) and (g)(3)(A), "section 3324(a) and (b) of title 31 and section 6101 of title 41" substituted
for references to sections 3648 and 3709 of the Revised Statutes on authority of Pub. L. 97–258, §4(b), Sept.
13, 1982, 96 Stat. 1067, which Act enacted Title 31, Money and Finance, and Pub. L. 111–350, §6(c), Jan. 4,
2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
AMENDMENTS
2021—Subsec. (u)(7), (8). Pub. L. 117–58, §50201(a), substituted "2021" for "2023" in par. (7) and added
par. (8).
Subsec. (w). Pub. L. 117–58, §50210(a)(2), substituted "treatment works in" for "treatments works in".
2018—Subsec. (b)(8). Pub. L. 115–270, §4103(a)(1), added par. (8).
Subsec. (u)(7). Pub. L. 115–270, §4103(b), added par. (7).
Subsec. (w). Pub. L. 115–270, §4103(a)(2), added subsec. (w).
2002—Subsecs. (a)(5), (n)(3), (4), (o)(2). Pub. L. 107–303 repealed Pub. L. 105–362, §501(a), (d). See
1998 Amendment notes below.
2000—Subsec. (v). Pub. L. 106–284 added subsec. (v).
1998—Subsec. (a)(5). Pub. L. 105–362, §501(d)(2)(A)(i), which directed the substitution of "not later than
90 days after the date of convening of each session of Congress" for "in the report required under subsection
(a) of section 1375 of this title", was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment
note below.
Subsec. (n)(3), (4). Pub. L. 105–362, §501(a)(1), which directed the redesignation of par. (4) as (3) and
striking out of former par. (3), was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note
below.
Subsec. (o)(2). Pub. L. 105–362, §501(d)(2)(A)(ii), which directed the substitution of "not later than 90
days after the date of convening of each session of Congress" for "in the report required under subsection (a)
of section 1375 of this title", was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note
below.
1987—Subsec. (q)(4). Pub. L. 100–4, §102, added par. (4).
Subsec. (u). Pub. L. 100–4, §101(a), in cl. (1) struck out "and" after "1975,", "1980,", and "1981," and
inserted "such sums as may be necessary for fiscal years 1983 through 1985, and not to exceed $22,770,000
per fiscal year for each of the fiscal years 1986 through 1990,", in cl. (2) struck out "and" after "1981," and
inserted "such sums as may be necessary for fiscal years 1983 through 1985, and $3,000,000 per fiscal year
for each of the fiscal years 1986 through 1990,", and in cl. (3) struck out "and" after "1981," and inserted
"such sums as may be necessary for fiscal years 1983 through 1985, and $1,500,000 per fiscal year for each of
the fiscal years 1986 through 1990,".
1980—Subsec. (u). Pub. L. 96–483 in par. (1) inserted authorization of not to exceed $20,697,000 and
$22,770,000 for fiscal years ending Sept. 30, 1981, and 1982, respectively; in par. (2) inserted authorization of
the sum of $3,000,000 for each of fiscal years 1981 and 1982; and in par. (3) inserted authorization of the sum
of $1,500,000 for each of fiscal years 1981 and 1982.
1978—Subsec. (u)(1). Pub. L. 95–576 authorized appropriation of not to exceed $14,039,000 for fiscal year
ending Sept. 30, 1980 and prohibited use of authorizations for any research, development, or demonstration
activity pursuant to provisions of this section.
1977—Subsec. (n)(3). Pub. L. 95–217, §6, substituted "any six-year period" for "any three year period".
Subsec. (q)(3). Pub. L. 95–217, §7, added par. (3).
Subsec. (u)(2). Pub. L. 95–217, §4(a), substituted "1975, $2,000,000 for fiscal year 1977, $3,000,000 for
fiscal year 1978, $3,000,000 for fiscal year 1979, and $3,000,000 for fiscal year 1980," for "1975".
Subsec. (u)(3). Pub. L. 95–217, §4(b), substituted "1975, $1,000,000 for fiscal year 1977, $1,500,000 for
fiscal year 1978, $1,500,000 for fiscal year 1979, and $1,500,000 for fiscal year 1980," for "1975".
1975—Subsec. (u)(1). Pub. L. 93–592, §1(a), substituted "the fiscal year ending June 30, 1974, and the
fiscal year ending June 30, 1975," for "and the fiscal year ending June 30, 1974,".
Subsec. (u)(2). Pub. L. 93–592, §1(b), substituted "fiscal years 1973, 1974, and 1975" for "fiscal years 1973
and 1974".
Subsec. (u)(3). Pub. L. 93–592, §1(c), substituted "fiscal years 1973, 1974, and 1975" for "fiscal year
1973".
Subsec. (u)(4), (5), (6). Pub. L. 93–592, §1(d)–(f), substituted "June 30, 1974, and June 30, 1975," for "and
June 30, 1974,".
1973—Subsec. (u)(2). Pub. L. 93–207 substituted "fiscal years 1973 and 1974" for "fiscal year 1973".
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve
lands and programs under jurisdiction of that Department, related to compliance with this chapter with respect
to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan
natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas
Transportation System, until the first anniversary of date of initial operation of the Alaska Natural Gas
Transportation System, see Reorg. Plan No. 1 of 1979, §§102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,
1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees.
Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and
authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out
as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade.
Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for
Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.
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.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Quality Act of 1987, and not as part of the Federal Water Pollution
Control Act which comprises this chapter.
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
The Administrator is authorized to make grants to any State or States or interstate agency to
demonstrate, in river basins or portions thereof, advanced treatment and environmental enhancement
techniques to control pollution from all sources, within such basins or portions thereof, including
nonpoint sources, together with in stream 1 water quality improvement techniques.
(c) Research and demonstration projects for prevention of water pollution by industry
In order to carry out the purposes of section 1311 of this title, the Administrator is authorized to
(1) conduct in the Environmental Protection Agency, (2) make grants to persons, and (3) enter into
contracts with persons, for research and demonstration projects for prevention of pollution of any
waters by industry including, but not limited to, the prevention, reduction, and elimination of the
discharge of pollutants. No grant shall be made for any project under this subsection unless the
Administrator determines that such project will develop or demonstrate a new or improved method
of treating industrial wastes or otherwise prevent pollution by industry, which method shall have
industrywide application.
(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
Federal grants under subsections (c) and (d) of this section shall not exceed 75 per centum of the
cost of the project.
(h) Authorization of appropriations
For the purpose of this section there is authorized to be appropriated $75,000,000 per fiscal year
for the fiscal year ending June 30, 1973, the fiscal year ending June 30, 1974, and the fiscal year
ending June 30, 1975, and from such appropriations at least 10 per centum of the funds actually
appropriated in each fiscal year shall be available only for the purposes of subsection (e).
(i) Assistance for research and demonstration projects
The Administrator is authorized to make grants to a municipality to assist in the costs of operating
and maintaining a project which received a grant under this section, section 1254 of this title, or
section 1263 of this title prior to December 27, 1977, so as to reduce the operation and maintenance
costs borne by the recipients of services from such project to costs comparable to those for projects
assisted under subchapter II of this chapter.
(j) Assistance for recycle, reuse, and land treatment projects
The Administrator is authorized to make a grant to any grantee who received an increased grant
pursuant to section 1282(a)(2) of this title. Such grant may pay up to 100 per centum of the costs of
technical evaluation of the operation of the treatment works, costs of training of persons (other than
employees of the grantee), and costs of disseminating technical information on the operation of the
treatment works.
(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.)
EDITORIAL NOTES
AMENDMENTS
1977—Subsecs. (i), (j). Pub. L. 95–217 added subsecs. (i) and (j).
1975—Subsec. (h). Pub. L. 93–592 substituted "the fiscal year ending June 30, 1974, and the fiscal year
ending June 30, 1975," for "and the fiscal year ending June 30, 1974,".
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve
lands and programs under jurisdiction of that Department, related to compliance with this chapter with respect
to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan
natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas
Transportation System, until the first anniversary of date of initial operation of the Alaska Natural Gas
Transportation System, see Reorg. Plan No. 1 of 1979, §§102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,
1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees.
Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and
authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out
as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade.
Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for
Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.
1 So in original.
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
From the sums appropriated in any fiscal year, the Administrator shall make allotments to the
several States and interstate agencies in accordance with regulations promulgated by him on the basis
of the extent of the pollution problem in the respective States.
(c) Maximum annual payments
The 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,
(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 content as the Administrator may prescribe.
(g) Reallotment of unpaid allotments
Any sums allotted under subsection (b) in any fiscal year which are not paid shall be reallotted by
the Administrator in accordance with regulations promulgated by him.
(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.)
EDITORIAL NOTES
AMENDMENTS
1987—Subsec. (a)(2). Pub. L. 100–4 inserted ", 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" after "1982".
1980—Subsec. (a)(2). Pub. L. 96–483 inserted authorization of the sum of $75,000,000 per fiscal year for
fiscal years 1981 and 1982.
1977—Subsec. (a)(2). Pub. L. 95–217 substituted "and the fiscal year ending June 30, 1975, $100,000,000
per fiscal year for the fiscal years 1977, 1978, 1979, and 1980" for "and the fiscal year ending June 30, 1975".
1976—Subsec. (f)(3). Pub. L. 94–273 substituted "October" for "July".
1975—Subsec. (a)(2). Pub. L. 93–592 substituted "June 30, 1974, and the fiscal year ending June 30,
1975;" for "June 30, 1974;".
EDITORIAL NOTES
CODIFICATION
In subsec. (b), "section 14102(a)(1) and (b) of title 40" substituted for "section 403 of the Appalachian
Regional Development Act of 1965, as amended" and "subtitle IV of title 40" substituted for "the Appalachian
Regional Development Act of 1965, as amended" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116
Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
§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.)
EDITORIAL NOTES
CODIFICATION
Section was not enacted as part of the Federal Water Pollution Control Act which comprises this chapter.
(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.)
EDITORIAL NOTES
REFERENCES IN TEXT
Prior to the date of enactment of the Clean Water Act of 1977, referred to in subsec. (b)(4), means prior to
the enactment of Pub. L. 95–217, Dec. 27, 1977, 91 Stat. 1566, which was approved Dec. 27, 1977.
Such Act, referred to in subsec. (b)(4), means Pub. L. 95–217, Dec. 27, 1977, 91 Stat. 1566, as amended,
known as the Clean Water Act of 1977. For complete classification of this Act to the Code, see Short Title of
1977 Amendment note set out under section 1251 of this title and Tables.
AMENDMENTS
1977—Subsec. (b)(1). Pub. L. 95–217, §10(c), (d), substituted "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" for "cost of construction of a treatment works
required for a facility to train and upgrade waste treatment works operation and maintenance personnel".
Subsec. (b)(2). Pub. L. 95–217, §10(e), authorized Administrator to make an additional grant for a
supplemental facility in each of the States in any case where a grant is made to serve two or more States.
Subsec. (b)(3). Pub. L. 95–217, §10(a), substituted "$500,000" for "$250,000".
Subsec. (b)(4). Pub. L. 95–217, §10(b), added par. (4).
(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.)
§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.)
EDITORIAL NOTES
AMENDMENTS
1998—Subsec. (a)(1). Pub. L. 105–244 substituted "section 1001" for "section 1141".
1987—Subsec. (c). Pub. L. 100–4 struck out "and" after "1981," and inserted "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," after "1982,".
1980—Subsec. (c). Pub. L. 96–483 inserted authorization of the sum of $7,000,000 for each of fiscal years
ending Sept. 30, 1981 and 1982.
1977—Subsec. (c). Pub. L. 95–217 substituted "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, and $7,000,000 for the fiscal year ending September 30, 1980," for "June 30,
1975,".
1975—Subsec. (c). Pub. L. 93–592 substituted "June 30, 1974, and June 30, 1975," for "and June 30,
1974,".
EDITORIAL NOTES
REFERENCES IN TEXT
Public Law 92–203, referred to in subsec. (e), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, as amended,
known as the Alaska Native Claims Settlement Act, which is classified generally to chapter 33 (§1601 et seq.)
of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out
under section 1601 of Title 43 and Tables.
CODIFICATION
Subsec. (c) authorized the Administrator to report to Congress the results of the demonstration project
accompanied by his recommendations for the establishment of a statewide project not later than July 1, 1973.
AMENDMENTS
1977—Subsec. (d). Pub. L. 95–217, §11(b), authorized additional appropriations of not to exceed $200,000
for the fiscal year ending Sept. 30, 1978, and $220,000, for the fiscal year ending Sept. 30, 1979, to carry out
this section.
Subsecs. (e) to (g). Pub. L. 95–217, §11(a), added subsecs. (e), (f), and (g).
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Safe Drinking Water Act Amendments of 1996, and not as part of the
Federal Water Pollution Control Act which comprises this chapter.
AMENDMENTS
2021—Subsec. (b). Pub. L. 117–58, §50212(1), substituted "75 percent" for "50 percent".
Subsec. (e). Pub. L. 117–58, §50212(2), substituted "this section—" and pars. (1) to (3) for "this section
$40,000,000 for each of fiscal years 2001 through 2005."
2000—Subsec. (e). Pub. L. 106–457 substituted "to carry out this section $40,000,000 for each of fiscal
years 2001 through 2005" for "$15,000,000 for each of the fiscal years 1997 through 2000 to carry out this
section".
§1264. Omitted
EDITORIAL NOTES
CODIFICATION
Section, act June 30, 1948, ch. 758, title I, §114, as added Oct. 18, 1972, Pub. L. 92–500, §2, 86 Stat. 833,
authorized the Administrator, in consultation with the Tahoe Regional Planning Agency, the Secretary of
Agriculture, other Federal agencies, representatives of State and local governments, and members of the
public, to conduct a thorough and complete study on the need of extending Federal oversight and control in
order to preserve the fragile ecology of Lake Tahoe and to report the results of this study to Congress not later
than one year after Oct. 18, 1972.
EDITORIAL NOTES
AMENDMENTS
2002—Subsec. (b). Pub. L. 107–303 repealed Pub. L. 105–362, §501(d)(2)(B). See 1998 Amendment note
below.
1998—Subsec. (b). Pub. L. 105–362, §501(d)(2)(B), which directed the substitution of "section 1375 of this
title" for "section 1375(b) of this title" in penultimate sentence, was repealed by Pub. L. 107–303. See
Effective Date of 2002 Amendment note below.
STATUTORY NOTES AND RELATED SUBSIDIARIES
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.
(v) implementing outreach programs for public information, education, and participation to
foster stewardship of the resources of the Chesapeake Bay.
(c) Interagency agreements
The Administrator may enter into an interagency agreement with a Federal agency to carry out this
section.
(d) Technical assistance and assistance grants
(1) In general
In cooperation with the Chesapeake Executive Council, the Administrator may provide
technical assistance, and assistance grants, to nonprofit organizations, State and local
governments, colleges, universities, and interstate agencies to carry out this section, subject to
such terms and conditions as the Administrator considers appropriate.
(2) Federal share
(A) In general
Except as provided in subparagraph (B), the Federal share of an assistance grant provided
under paragraph (1) shall be determined by the Administrator in accordance with guidance
issued by the Administrator.
(B) Small watershed grants program
The Federal share of an assistance grant provided under paragraph (1) to carry out an
implementing activity under subsection (g)(2) shall not exceed 75 percent of eligible project
costs, as determined by the Administrator.
(3) Non-Federal share
An assistance grant under paragraph (1) shall be provided on the condition that non-Federal
sources provide the remainder of eligible project costs, as determined by the Administrator.
(4) Administrative costs
Administrative costs shall not exceed 10 percent of the annual grant award.
(e) Implementation and monitoring grants
(1) In general
If 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
A signatory jurisdiction described in paragraph (1) may apply for a grant under this
subsection for a fiscal year by submitting to the Administrator a comprehensive proposal to
implement management mechanisms established under the Chesapeake Bay Agreement.
(B) Contents
A 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
If the Administrator finds that the proposal is consistent with the Chesapeake Bay Agreement
and the national goals established under section 1251(a) of this title, the Administrator may
approve the proposal for an award.
(4) Federal share
The Federal share of a grant under this subsection shall not exceed 50 percent of the cost of
implementing the management mechanisms during the fiscal year.
(5) Non-Federal share
A grant under this subsection shall be made on the condition that non-Federal sources provide
the remainder of the costs of implementing the management mechanisms during the fiscal year.
(6) Administrative costs
Administrative costs shall not exceed 10 percent of the annual grant award.
(7) Reporting
On 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
A Federal agency that owns or operates a facility (as defined by the Administrator) within the
Chesapeake Bay watershed shall participate in regional and subwatershed planning and restoration
programs.
(2) Compliance with agreement
The head of each Federal agency that owns or occupies real property in the Chesapeake Bay
watershed shall ensure that the property, and actions taken by the agency with respect to the
property, comply with the Chesapeake Bay Agreement, the Federal Agencies Chesapeake
Ecosystem Unified Plan, and any subsequent agreements and plans.
(3) Budget coordination
(A) In general
As part of the annual budget submission of each Federal agency with projects or grants
related to restoration, planning, monitoring, or scientific investigation of the Chesapeake Bay
ecosystem, the head of the agency shall submit to the President a report that describes plans for
the expenditure of the funds under this section.
(B) Disclosure to the Council
The head of each agency referred to in subparagraph (A) shall disclose the report under that
subparagraph with the Chesapeake Executive Council as appropriate.
(g) Chesapeake Bay Program
(1) Management strategies
The 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 program
The 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
Not later than April 22, 2003, and every 5 years thereafter, the Administrator, in coordination
with the Chesapeake Executive Council, shall complete a study and submit to Congress a
comprehensive report on the results of the study.
(2) Requirements
The 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
Not later than 180 days after November 7, 2000, the Administrator shall commence a 5-year
special study with full participation of the scientific community of the Chesapeake Bay to
establish and expand understanding of the response of the living resources of the Chesapeake Bay
ecosystem to improvements in water quality that have resulted from investments made through the
Chesapeake Bay Program.
(2) Requirements
The 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
The Administrator shall carry out an annual survey of sea grasses in the Chesapeake Bay.
(j) Authorization of appropriations
There 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.)
EDITORIAL NOTES
CODIFICATION
November 7, 2000, referred to in subsecs. (h)(2)(C), (D), and (i)(1), was in the original "the date of
enactment of this section", which was translated as meaning the date of enactment of Pub. L. 106–457, which
amended this section generally, to reflect the probable intent of Congress.
AMENDMENTS
2020—Subsec. (j). Pub. L. 116–188 added subsec. (j) and struck out former subsec. (j). Prior to
amendment, text read as follows: "There is authorized to be appropriated to carry out this section $40,000,000
for each of fiscal years 2001 through 2005. Such sums shall remain available until expended."
2016—Subsec. (i)(3). Pub. L. 114–322 added par. (3).
2000—Pub. L. 106–457 amended section generally, substituting subsecs. (a) to (j) for former subsecs. (a) to
(d), which related to continuation of the Chesapeake Bay Program and establishment and maintenance in the
Environmental Protection Agency of an office, division, or branch of Chesapeake Bay Programs, interstate
development plan grants, progress reports from grant recipient States, and authorization of appropriations.
EXECUTIVE DOCUMENTS
EX. ORD. NO. 13508. CHESAPEAKE BAY PROTECTION AND RESTORATION
Ex. Ord. No. 13508, May 12, 2009, 74 F.R. 23099, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America
and in furtherance of the purposes of the Clean Water Act of 1972, as amended (33 U.S.C. 1251 et seq.), and
other laws, and to protect and restore the health, heritage, natural resources, and social and economic value of
the Nation's largest estuarine ecosystem and the natural sustainability of its watershed, it is hereby ordered as
follows:
PART 1—PREAMBLE
The Chesapeake Bay is a national treasure constituting the largest estuary in the United States and one of
the largest and most biologically productive estuaries in the world. The Federal Government has nationally
significant assets in the Chesapeake Bay and its watershed in the form of public lands, facilities, military
installations, parks, forests, wildlife refuges, monuments, and museums.
Despite significant efforts by Federal, State, and local governments and other interested parties, water
pollution in the Chesapeake Bay prevents the attainment of existing State water quality standards and the
"fishable and swimmable" goals of the Clean Water Act. At the current level and scope of pollution control
within the Chesapeake Bay's watershed, restoration of the Chesapeake Bay is not expected for many years.
The pollutants that are largely responsible for pollution of the Chesapeake Bay are nutrients, in the form of
nitrogen and phosphorus, and sediment. These pollutants come from many sources, including sewage
treatment plants, city streets, development sites, agricultural operations, and deposition from the air onto the
waters of the Chesapeake Bay and the lands of the watershed.
Restoration of the health of the Chesapeake Bay will require a renewed commitment to controlling
pollution from all sources as well as protecting and restoring habitat and living resources, conserving lands,
and improving management of natural resources, all of which contribute to improved water quality and
ecosystem health. The Federal Government should lead this effort. Executive departments and agencies
(agencies), working in collaboration, can use their expertise and resources to contribute significantly to
improving the health of the Chesapeake Bay. Progress in restoring the Chesapeake Bay also will depend on
the support of State and local governments, the enterprise of the private sector, and the stewardship provided
to the Chesapeake Bay by all the people who make this region their home.
PART 2—SHARED FEDERAL LEADERSHIP, PLANNING, AND ACCOUNTABILITY
SEC. 201. Federal Leadership Committee. In order to begin a new era of shared Federal leadership with
respect to the protection and restoration of the Chesapeake Bay, a Federal Leadership Committee (Committee)
for the Chesapeake Bay is established to oversee the development and coordination of programs and activities,
including data management and reporting, of agencies participating in protection and restoration of the
Chesapeake Bay. The Committee shall manage the development of strategies and program plans for the
watershed and ecosystem of the Chesapeake Bay and oversee their implementation. The Committee shall be
chaired by the Administrator of the Environmental Protection Agency (EPA), or the Administrator's designee,
and include senior representatives of the Departments of Agriculture (USDA), Commerce (DOC), Defense
(DOD), Homeland Security (DHS), the Interior (DOI), Transportation (DOT), and such other agencies as
determined by the Committee. Representatives serving on the Committee shall be officers of the United
States.
SEC. 202. Reports on Key Challenges to Protecting and Restoring the Chesapeake Bay. Within 120 days
from the date of this order, the agencies identified in this section as the lead agencies shall prepare and submit
draft reports to the Committee making recommendations for accomplishing the following steps to protect and
restore the Chesapeake Bay:
(a) define the next generation of tools and actions to restore water quality in the Chesapeake Bay and
describe the changes to be made to regulations, programs, and policies to implement these actions;
(b) target resources to better protect the Chesapeake Bay and its tributary waters, including resources under
the Food Security Act of 1985 as amended, the Clean Water Act, and other laws;
(c) strengthen storm water management practices at Federal facilities and on Federal lands within the
Chesapeake Bay watershed and develop storm water best practices guidance;
(d) assess the impacts of a changing climate on the Chesapeake Bay and develop a strategy for adapting
natural resource programs and public infrastructure to the impacts of a changing climate on water quality and
living resources of the Chesapeake Bay watershed;
(e) expand public access to waters and open spaces of the Chesapeake Bay and its tributaries from Federal
lands and conserve landscapes and ecosystems of the Chesapeake Bay watershed;
(f) strengthen scientific support for decisionmaking to restore the Chesapeake Bay and its watershed,
including expanded environmental research and monitoring and observing systems; and
(g) develop focused and coordinated habitat and research activities that protect and restore living resources
and water quality of the Chesapeake Bay and its watershed.
The EPA shall be the lead agency for subsection (a) of this section and the development of the storm water
best practices guide under subsection (c). The USDA shall be the lead agency for subsection (b). The DOD
shall lead on storm water management practices at Federal facilities and on Federal lands under subsection (c).
The DOI and the DOC shall share the lead on subsections (d), (f), and (g), and the DOI shall be lead on
subsection (e). The lead agencies shall provide final reports to the Committee within 180 days of the date of
this order.
SEC. 203. Strategy for Protecting and Restoring the Chesapeake Bay. The Committee shall prepare and
publish a strategy for coordinated implementation of existing programs and projects to guide efforts to protect
and restore the Chesapeake Bay. The strategy shall, to the extent permitted by law:
(a) define environmental goals for the Chesapeake Bay and describe milestones for making progress toward
attainment of these goals;
(b) identify key measureable indicators of environmental condition and changes that are critical to effective
Federal leadership;
(c) describe the specific programs and strategies to be implemented, including the programs and strategies
described in draft reports developed under section 202 of this order;
(d) identify the mechanisms that will assure that governmental and other activities, including data collection
and distribution, are coordinated and effective, relying on existing mechanisms where appropriate; and
(e) describe a process for the implementation of adaptive management principles, including a periodic
evaluation of protection and restoration activities.
The Committee shall review the draft reports submitted by lead agencies under section 202 of this order
and, in consultation with relevant State agencies, suggest appropriate revisions to the agency that provided the
draft report. It shall then integrate these reports into a coordinated strategy for restoration and protection of the
Chesapeake Bay consistent with the requirements of this order. Together with the final reports prepared by the
lead agencies, the draft strategy shall be published for public review and comment within 180 days of the date
of this order and a final strategy shall be published within 1 year. To the extent practicable and authorized
under their existing authorities, agencies may begin implementing core elements of restoration and protection
programs and strategies, in consultation with the Committee, as soon as possible and prior to release of a final
strategy.
SEC. 204. Collaboration with State Partners. In preparing the reports under section 202 and the strategy
under section 203, the lead agencies and the Committee shall consult extensively with the States of Virginia,
Maryland, Pennsylvania, West Virginia, New York, and Delaware and the District of Columbia. The goal of
this consultation is to ensure that Federal actions to protect and restore the Chesapeake Bay are closely
coordinated with actions by State and local agencies in the watershed and that the resources, authorities, and
expertise of Federal, State, and local agencies are used as efficiently as possible for the benefit of the
Chesapeake Bay's water quality and ecosystem and habitat health and viability.
SEC. 205. Annual Action Plan and Progress Report. Beginning in 2010, the Committee shall publish an
annual Chesapeake Bay Action Plan (Action Plan) describing how Federal funding proposed in the President's
Budget will be used to protect and restore the Chesapeake Bay during the upcoming fiscal year. This plan will
be accompanied by an Annual Progress Report reviewing indicators of environmental conditions in the
Chesapeake Bay, assessing implementation of the Action Plan during the preceding fiscal year, and
recommending steps to improve progress in restoring and protecting the Chesapeake Bay. The Committee
shall consult with stakeholders (including relevant State agencies) and members of the public in developing
the Action Plan and Annual Progress Report.
SEC. 206. Strengthen Accountability. The Committee, in collaboration with State agencies, shall ensure that
an independent evaluator periodically reports to the Committee on progress toward meeting the goals of this
order. The Committee shall ensure that all program evaluation reports, including data on practice or system
implementation and maintenance funded through agency programs, as appropriate, are made available to the
public by posting on a website maintained by the Chair of the Committee.
PART 3—RESTORE CHESAPEAKE BAY WATER QUALITY
SEC. 301. Water Pollution Control Strategies. In preparing the report required by subsection 202(a) of this
order, the Administrator of the EPA (Administrator) shall, after consulting with appropriate State agencies,
examine how to make full use of its authorities under the Clean Water Act to protect and restore the
Chesapeake Bay and its tributary waters and, as appropriate, shall consider revising any guidance and
regulations. The Administrator shall identify pollution control strategies and actions authorized by the EPA's
existing authorities to restore the Chesapeake Bay that:
(a) establish a clear path to meeting, as expeditiously as practicable, water quality and environmental
restoration goals for the Chesapeake Bay;
(b) are based on sound science and reflect adaptive management principles;
(c) are performance oriented and publicly accountable;
(d) apply innovative and cost-effective pollution control measures;
(e) can be replicated in efforts to protect other bodies of water, where appropriate; and
(f) build on the strengths and expertise of Federal, State, and local governments, the private sector, and
citizen organizations.
SEC. 302. Elements of EPA Reports. The strategies and actions identified by the Administrator of the EPA
in preparing the report under subsection 202(a) shall include, to the extent permitted by law:
(a) using Clean Water Act tools, including strengthening existing permit programs and extending coverage
where appropriate;
(b) establishing new, minimum standards of performance where appropriate, including:
(i) establishing a schedule for the implementation of key actions in cooperation with States, local
governments, and others;
(ii) constructing watershed-based frameworks that assign pollution reduction responsibilities to
pollution sources and maximize the reliability and cost-effectiveness of pollution reduction programs; and
(iii) implementing a compliance and enforcement strategy.
PART 4—AGRICULTURAL PRACTICES TO PROTECT THE CHESAPEAKE BAY
SEC. 401. In developing recommendations for focusing resources to protect the Chesapeake Bay in the
report required by subsection 202(b) of this order, the Secretary of Agriculture shall, as appropriate,
concentrate the USDA's working lands and land retirement programs within priority watersheds in counties in
the Chesapeake Bay watershed. These programs should apply priority conservation practices that most
efficiently reduce nutrient and sediment loads to the Chesapeake Bay, as identified by USDA and EPA data
and scientific analysis. The Secretary of Agriculture shall work with State agriculture and conservation
agencies in developing the report.
PART 5—REDUCE WATER POLLUTION FROM FEDERAL LANDS AND FACILITIES
SEC. 501. Agencies with land, facilities, or installation management responsibilities affecting ten or more
acres within the watershed of the Chesapeake Bay shall, as expeditiously as practicable and to the extent
permitted by law, implement land management practices to protect the Chesapeake Bay and its tributary
waters consistent with the report required by section 202 of this order and as described in guidance published
by the EPA under section 502.
SEC. 502. The Administrator of the EPA shall, within 1 year of the date of this order and after consulting
with the Committee and providing for public review and comment, publish guidance for Federal land
management in the Chesapeake Bay watershed describing proven, cost-effective tools and practices that
reduce water pollution, including practices that are available for use by Federal agencies.
PART 6—PROTECT CHESAPEAKE BAY AS THE CLIMATE CHANGES
SEC. 601. The Secretaries of Commerce and the Interior shall, to the extent permitted by law, organize and
conduct research and scientific assessments to support development of the strategy to adapt to climate change
impacts on the Chesapeake Bay watershed as required in section 202 of this order and to evaluate the impacts
of climate change on the Chesapeake Bay in future years. Such research should include assessment of:
(a) the impact of sea level rise on the aquatic ecosystem of the Chesapeake Bay, including nutrient and
sediment load contributions from stream banks and shorelines;
(b) the impacts of increasing temperature, acidity, and salinity levels of waters in the Chesapeake Bay;
(c) the impacts of changing rainfall levels and changes in rainfall intensity on water quality and aquatic life;
(d) potential impacts of climate change on fish, wildlife, and their habitats in the Chesapeake Bay and its
watershed; and
(e) potential impacts of more severe storms on Chesapeake Bay resources.
PART 7—EXPAND PUBLIC ACCESS TO THE CHESAPEAKE BAY AND CONSERVE
LANDSCAPES AND ECOSYSTEMS
SEC. 701. (a) Agencies participating in the Committee shall assist the Secretary of the Interior in
development of the report addressing expanded public access to the waters of the Chesapeake Bay and
conservation of landscapes and ecosystems required in subsection 202(e) of this order by providing to the
Secretary:
(i) a list and description of existing sites on agency lands and facilities where public access to the
Chesapeake Bay or its tributary waters is offered;
(ii) a description of options for expanding public access at these agency sites;
(iii) a description of agency sites where new opportunities for public access might be provided;
(iv) a description of safety and national security issues related to expanded public access to
Department of Defense installations;
(v) a description of landscapes and ecosystems in the Chesapeake Bay watershed that merit recognition
for their historical, cultural, ecological, or scientific values; and
(vi) options for conserving these landscapes and ecosystems.
(b) In developing the report addressing expanded public access on agency lands to the waters of the
Chesapeake Bay and options for conserving landscapes and ecosystems in the Chesapeake Bay, as required in
subsection 202(e) of this order, the Secretary of the Interior shall coordinate any recommendations with State
and local agencies in the watershed and programs such as the Captain John Smith Chesapeake National
Historic Trail, the Chesapeake Bay Gateways and Watertrails Network, and the Star-Spangled Banner
National Historic Trail.
PART 8—MONITORING AND DECISION SUPPORT FOR ECOSYSTEM MANAGEMENT
SEC. 801. The Secretaries of Commerce and the Interior shall, to the extent permitted by law, organize and
conduct their monitoring, research, and scientific assessments to support decisionmaking for the Chesapeake
Bay ecosystem and to develop the report addressing strengthening environmental monitoring of the
Chesapeake Bay and its watershed required in section 202 of this order. This report will assess existing
monitoring programs and gaps in data collection, and shall also include the following topics:
(a) the health of fish and wildlife in the Chesapeake Bay watershed;
(b) factors affecting changes in water quality and habitat conditions; and
(c) using adaptive management to plan, monitor, evaluate, and adjust environmental management actions.
PART 9—LIVING RESOURCES PROTECTION AND RESTORATION
SEC. 901. The Secretaries of Commerce and the Interior shall, to the extent permitted by law, identify and
prioritize critical living resources of the Chesapeake Bay and its watershed, conduct collaborative research
and habitat protection activities that address expected outcomes for these species, and develop a report
addressing these topics as required in section 202 of this order. The Secretaries of Commerce and the Interior
shall coordinate agency activities related to living resources in estuarine waters to ensure maximum benefit to
the Chesapeake Bay resources.
PART 10—EXCEPTIONS
SEC. 1001. The heads of agencies may authorize exceptions to this order, in the following circumstances:
(a) during time of war or national emergency;
(b) when necessary for reasons of national security;
(c) during emergencies posing an unacceptable threat to human health or safety or to the marine
environment and admitting of no other feasible solution; or
(d) in any case that constitutes a danger to human life or a real threat to vessels, aircraft, platforms, or other
man-made structures at sea, such as cases of force majeure caused by stress of weather or other act of God.
PART 11—GENERAL PROVISIONS
SEC. 1101. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted by law to a department, agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural,
enforceable at law or in equity, by any party against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
BARACK OBAMA.
(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 Plans
The 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.
(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
In accordance with this paragraph, the Administrator, acting through the Program Office,
may carry out projects that meet the requirements of subparagraph (B).
(B) Eligible projects
A 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) Priority
In 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) Limitations
The 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
The non-Federal share of the cost of a project carried out under this paragraph shall be at
least 35 percent.
(ii) In-kind contributions
(I) In general
The non-Federal share of the cost of a project carried out under this paragraph may
include the value of an in-kind contribution provided by a non-Federal sponsor.
(II) Credit
A project agreement described in subparagraph (D)(iii) may provide, with respect to a
project, that the Administrator shall credit toward the non-Federal share of the cost of the
project the value of an in-kind contribution made by the non-Federal sponsor, if the
Administrator determines that the material or service provided as the in-kind contribution
is integral to the project.
(III) Work performed before project agreement
In any case in which a non-Federal sponsor is to receive credit under subclause (II) for
the cost of work carried out by the non-Federal sponsor and such work has not been carried
out by the non-Federal sponsor as of October 8, 2008, the Administrator and the
non-Federal sponsor shall enter into an agreement under which the non-Federal sponsor
shall carry out such work, and only work carried out following the execution of the
agreement shall be eligible for credit.
(IV) Limitation
Credit 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
In this subparagraph, the term "in-kind contribution" may include the costs of planning
(including data collection), design, construction, and materials that are provided by the
non-Federal sponsor for implementation of a project under this paragraph.
(iii) Treatment of credit between projects
Any credit provided under this subparagraph towards the non-Federal share of the cost of a
project carried out under this paragraph may be applied towards the non-Federal share of the
cost of any other project carried out under this paragraph by the same non-Federal sponsor
for a site within the same area of concern.
(iv) Non-Federal share
The 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
The non-Federal share of the cost of the operation and maintenance of a project carried out
under this paragraph shall be 100 percent.
(F) Site characterization
(i) In general
The Administrator, in consultation with any affected State or unit of local government,
shall carry out at Federal expense the site characterization of a project under this paragraph
for the remediation of contaminated sediment.
(ii) Limitation
For purposes of clause (i), the Administrator may carry out one site assessment per discrete
site within a project at Federal expense.
(G) Coordination
In carrying out projects under this paragraph, the Administrator shall coordinate with the
Secretary of the Army, and with the Governors of States in which the projects are located, to
ensure that Federal and State assistance for remediation in areas of concern is used as efficiently
as practicable.
(H) Authorization of appropriations
(i) In general
In addition to other amounts authorized under this section, there is authorized to be
appropriated to carry out this paragraph $50,000,000 for each of fiscal years 2004 through
2010.
(ii) Availability
Funds made available under clause (i) shall remain available until expended.
(iii) Allocation of funds
Not more than 20 percent of the funds appropriated pursuant to clause (i) for a fiscal year
may be used to carry out subparagraph (F).
(12) Public information program
(A) In general
The Administrator, acting through the Program Office and in coordination with States, Indian
tribes, local governments, and other entities, may carry out a public information program to
provide information relating to the remediation of contaminated sediment to the public in areas
of concern that are located wholly or partially in the United States.
(B) Authorization of appropriations
There is authorized to be appropriated to carry out this paragraph $1,000,000 for each of
fiscal years 2004 through 2010.
(d) Great Lakes research
(1) Establishment of Research Office
There is established within the National Oceanic and Atmospheric Administration the Great
Lakes Research Office.
(2) Identification of issues
The Research Office shall identify issues relating to the Great Lakes resources on which
research is needed. The Research Office shall submit a report to Congress on such issues before
the end of each fiscal year which shall identify any changes in the Great Lakes system 3 with
respect to such issues.
(3) Inventory
The Research Office shall identify and inventory Federal, State, university, and tribal
environmental research programs (and, to the extent feasible, those of private organizations and
other nations) relating to the Great Lakes system,3 and shall update that inventory every four
years.
(4) Research exchange
The Research Office shall establish a Great Lakes research exchange for the purpose of
facilitating the rapid identification, acquisition, retrieval, dissemination, and use of information
concerning research projects which are ongoing or completed and which affect the Great Lakes
System.
(5) Research program
The Research Office shall develop, in cooperation with the Coordination Office, a
comprehensive environmental research program and data base for the Great Lakes system.3 The
data base shall include, but not be limited to, data relating to water quality, fisheries, and biota.
(6) Monitoring
The Research Office shall conduct, through the Great Lakes Environmental Research
Laboratory, the National Sea Grant College program, other Federal laboratories, and the private
sector, appropriate research and monitoring activities which address priority issues and current
needs relating to the Great Lakes.
(7) Location
The Research Office shall be located in a Great Lakes State.
(e) Research and management coordination
(1) Joint plan
Before October 1 of each year, the Program Office and the Research Office shall prepare a joint
research plan for the fiscal year which begins in the following calendar year.
(2) Contents of plan
Each 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
The head of each department, agency, or other instrumentality of the Federal Government which is
engaged in, is concerned with, or has authority over programs relating to research, monitoring, and
planning to maintain, enhance, preserve, or rehabilitate the environmental quality and natural
resources of the Great Lakes, including the Chief of Engineers of the Army, the Chief of the Soil
Conservation Service, the Commandant of the Coast Guard, the Director of the Fish and Wildlife
Service, and the Administrator of the National Oceanic and Atmospheric Administration, shall
submit an annual report to the Administrator with respect to the activities of that agency or office
affecting compliance with the Great Lakes Water Quality Agreement of 1978, as amended by the
Water Quality Agreement of 1987 and any other agreements and amendments,.1
(g) Relationship to existing Federal and State laws and international treaties
Nothing 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 appropriations
There 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.)
EDITORIAL NOTES
REFERENCES IN TEXT
Executive Order No. 13340, referred to in subsec. (c)(7)(C)(i), is Ex. Ord. No. 13340, May 18, 2004, 69
F.R. 29043, which is set out as a note under section 1268 of this title.
The Water Infrastructure Finance and Innovation Act of 2014, referred to in subsec. (c)(7)(E)(ii)(III), is
subtitle C (§§5021–5035) of title V of Pub. L. 113–121, June 10, 2014, 128 Stat. 1332, which is classified
generally to chapter 52 of this title. For complete classification of this Act to the Code, see Short Title note set
out under section 3901 of this title and Tables.
The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010, referred to
in subsec. (c)(7)(I), is Pub. L. 111–88, div. A, Oct. 30, 2009, 123 Stat. 2904. The Conference Report
accompanying the Act (H.R. 2996) is H. Rept. No. 111–316, 111th Cong., 1st Sess.
CODIFICATION
November 16, 1990, referred to in subsec. (c)(3)(C), was in the original "the enactment of this Act", and
"the date of the enactment of this title" which were translated as meaning the date of enactment of Pub. L.
101–596, title I of which enacted subsec. (c)(3), to reflect the probable intent of Congress.
AMENDMENTS
2021—Subsec. (c)(7)(J)(i). Pub. L. 116–294 substituted "are authorized" for "is authorized", inserted dash
after "this paragraph" and subcl. (I) designation before "$300,000,000", and added subcls. (II) to (VI).
2016—Subsec. (c)(7)(B), (C). Pub. L. 114–322, §5005(1), added subpars. (B) and (C) and struck out former
subpars. (B) and (C) which related to focus areas in which the Initiative should prioritize programs and
projects, and the selection of programs and projects for Great Lakes protection and restoration.
Subsec. (c)(7)(D)(i). Pub. L. 114–322, §5005(2)(A), added cl. (i) and struck out former cl. (i). Prior to
amendment, text read as follows: "Subject to subparagraph (G)(ii), funds made available to carry out the
Initiative shall be used to strategically implement—
"(I) Federal projects; and
"(II) projects carried out in coordination with States, Indian tribes, municipalities, institutions of higher
education, and other organizations."
Subsec. (c)(7)(D)(ii)(I). Pub. L. 114–322, §5005(2)(B), substituted "(J)(i)" for "(G)(i)".
Subsec. (c)(7)(D)(iii). Pub. L. 114–322, §5005(2)(C), added cl. (iii).
Subsec. (c)(7)(E) to (J). Pub. L. 114–322, §5005(3), added subpars. (E) to (J) and struck out former subpars.
(E) to (G) which related to scope of projects, activities by other Federal agencies, and funding for fiscal year
2016.
2015—Subsec. (c)(7). Pub. L. 114–113 added par. (7) and struck out former par. (7), which required a
five-year study and demonstration projects relating to the control and removal of toxic pollutants in the Great
Lakes.
2014—Subsec. (c)(10) to (13). Pub. L. 113–188 redesignated pars. (11) to (13) as (10) to (12), respectively,
and struck out former par. (10) which required submission of annual comprehensive reports.
2008—Subsec. (a)(3)(K), (L). Pub. L. 110–365, §2, added subpars. (K) and (L).
Subsec. (c)(12)(B)(ii). Pub. L. 110–365, §3(a), substituted "sediment, including activities to restore aquatic
habitat that are carried out in conjunction with a project for the remediation of contaminated sediment" for
"sediment".
Subsec. (c)(12)(D). Pub. L. 110–365, §3(b)(1), substituted "Limitations" for "Limitation" in heading.
Subsec. (c)(12)(D)(iii), (iv). Pub. L. 110–365, §3(b)(2)–(4), added cls. (iii) and (iv).
Subsec. (c)(12)(E)(ii). Pub. L. 110–365, §3(c), amended cl. (ii) generally. Prior to amendment, text read as
follows: "The non-Federal share of the cost of a project carried out under this paragraph may include the value
of in-kind services contributed by a non-Federal sponsor."
Subsec. (c)(12)(E)(iii). Pub. L. 110–365, §3(d)(2), added cl. (iii). Former cl. (iii) redesignated (iv).
Subsec. (c)(12)(E)(iv). Pub. L. 110–365, §3(d)(1), (3), redesignated cl. (iii) as (iv) and substituted
"contribution" for "service" in two places. Former cl. (iv) redesignated (v).
Subsec. (c)(12)(E)(v). Pub. L. 110–365, §3(d)(1), redesignated cl. (iv) as (v).
Subsec. (c)(12)(F). Pub. L. 110–365, §3(e), amended subpar. (F) generally. Prior to amendment, text read as
follows: "The Administrator may not carry out a project under this paragraph unless the non-Federal sponsor
enters into such agreements with the Administrator as the Administrator may require to ensure that the
non-Federal sponsor will maintain its aggregate expenditures from all other sources for remediation programs
in the area of concern in which the project is located at or above the average level of such expenditures in the
2 fiscal years preceding the date on which the project is initiated."
Subsec. (c)(12)(H)(i). Pub. L. 110–365, §3(f)(1), added cl. (i) and struck out former cl. (i). Prior to
amendment, text read as follows: "In addition to other amounts authorized under this section, there is
authorized to be appropriated to carry out this paragraph $50,000,000 for each of fiscal years 2004 through
2008."
Subsec. (c)(12)(H)(iii). Pub. L. 110–365, §3(f)(2), added cl. (iii).
Subsec. (c)(13)(B). Pub. L. 110–365, §3(g), substituted "2010" for "2008".
2002—Subsec. (c)(3)(E). Pub. L. 107–303, §102, added subpar. (E).
Subsec. (c)(12), (13). Pub. L. 107–303, §103, added pars. (12) and (13).
Subsec. (g). Pub. L. 107–303, §104, substituted "construed—" for "construed to affect", inserted "(1) to
affect" before "the jurisdiction", substituted "Lakes; or" for "Lakes.", and added par. (2).
Subsec. (h). Pub. L. 107–303, §105, substituted "not to exceed—" for "not to exceed $11,000,000", inserted
"(1) $11,000,000" before "per fiscal year for", substituted "1991;" for "1991.", added pars. (2) and (3), and
struck out former last sentence which read as follows: "Of the amounts appropriated each fiscal year—
"(1) 40 percent shall be used by the Great Lakes National Program Office on demonstration projects
on the feasibility of controlling and removing toxic pollutants;
"(2) 7 percent shall be used by the Great Lakes National Program Office for the program of nutrient
monitoring; and
"(3) 30 percent or $3,300,000, whichever is the lesser, shall be transferred to the National Oceanic and
Atmospheric Administration for use by the Great Lakes Research Office."
1990—Subsec. (a)(3)(F) to (J). Pub. L. 101–596, §103, added subpars. (F) to (J).
Subsec. (c)(2) to (11). Pub. L. 101–596, §§101, 102, 104, added pars. (2) to (5) after par. (1) and
renumbered existing paragraphs accordingly, which was executed by renumbering pars. (2) to (6) as (6) to
(10), respectively, redesignated existing provisions of par. (7) as subpar. (A) and added subpars. (B) and (C),
and added par. (11).
Subsec. (e)(3). Pub. L. 101–596, §106, added par. (3).
Subsec. (h). Pub. L. 101–596, §105, substituted "and 1990, and $25,000,000 for fiscal year 1991" for "1990,
and 1991" in introductory provisions and inserted "or $3,300,000, whichever is the lesser," after "30 percent"
in par. (3).
1988—Subsecs. (a)(1)(B), (2), (c)(1)(A), (6)(A), (D), (e)(2)(A), (f). Pub. L. 100–688 inserted ", as amended
by the Water Quality Agreement of 1987 and any other agreements and amendments," after "the Great Lakes
Water Quality Agreement of 1978".
EXECUTIVE DOCUMENTS
EX. ORD. NO. 13340. ESTABLISHMENT OF GREAT LAKES INTERAGENCY TASK FORCE AND
PROMOTION OF A REGIONAL COLLABORATION OF NATIONAL SIGNIFICANCE FOR
THE GREAT LAKES
Ex. Ord. No. 13340, May 18, 2004, 69 F.R. 29043, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America,
and to help establish a regional collaboration of national significance for the Great Lakes, it is hereby ordered
as follows:
SECTION 1. Policy. The Great Lakes are a national treasure constituting the largest freshwater system in
the world. The United States and Canada have made great progress addressing past and current environmental
impacts to the Great Lakes ecology. The Federal Government is committed to making progress on the many
significant challenges that remain. Along with numerous State, tribal, and local programs, over 140 Federal
programs help fund and implement environmental restoration and management activities throughout the Great
Lakes system. A number of intergovernmental bodies are providing leadership in the region to address
environmental and resource management issues in the Great Lakes system. These activities would benefit
substantially from more systematic collaboration and better integration of effort. It is the policy of the Federal
Government to support local and regional efforts to address environmental challenges and to encourage local
citizen and community stewardship. To this end, the Federal Government will partner with the Great Lakes
States, tribal and local governments, communities, and other interests to establish a regional collaboration to
address nationally significant environmental and natural resource issues involving the Great Lakes. It is the
further policy of the Federal Government that its executive departments and agencies will ensure that their
programs are funding effective, coordinated, and environmentally sound activities in the Great Lakes system.
SEC. 2. Definitions. For purposes of this order:
(a) "Great Lakes" means Lake Ontario, Lake Erie, Lake Huron (including Lake Saint Clair), Lake
Michigan, and Lake Superior, and the connecting channels (Saint Marys River, Saint Clair River, Detroit
River, Niagara River, and Saint Lawrence River to the Canadian Border).
(b) "Great Lakes system" means all the streams, rivers, lakes, and other bodies of water within the drainage
basin of the Great Lakes.
SEC. 3. Great Lakes Interagency Task Force.
(a) Task Force Purpose. To further the policy described in section 1 of this order, there is established,
within the Environmental Protection Agency for administrative purposes, the "Great Lakes Interagency Task
Force" (Task Force) to:
(i) Help convene and establish a process for collaboration among the members of the Task Force and
the members of the Working Group that is established in paragraph b(ii) of this section, with the Great
Lakes States, local communities, tribes, regional bodies, and other interests in the Great Lakes region
regarding policies, strategies, plans, programs, projects, activities, and priorities for the Great Lakes system.
(ii) Collaborate with Canada and its provinces and with bi-national bodies involved in the Great Lakes
region regarding policies, strategies, projects, and priorities for the Great Lakes system.
(iii) Coordinate the development of consistent Federal policies, strategies, projects, and priorities for
addressing the restoration and protection of the Great Lakes system and assisting in the appropriate
management of the Great Lakes system.
(iv) Develop outcome-based goals for the Great Lakes system relying upon, among other things,
existing data and science-based indicators of water quality and related environmental factors. These goals
shall focus on outcomes such as cleaner water, sustainable fisheries, and biodiversity of the Great Lakes
system and ensure that Federal policies, strategies, projects, and priorities support measurable results.
(v) Exchange information regarding policies, strategies, projects, and activities of the agencies
represented on the Task Force related to the Great Lakes system.
(vi) Work to coordinate government action associated with the Great Lakes system.
(vii) Ensure coordinated Federal scientific and other research associated with the Great Lakes system.
(viii) Ensure coordinated government development and implementation of the Great Lakes portion of
the Global Earth Observation System of Systems.
(ix) Provide assistance and support to agencies represented on the Task Force in their activities related
to the Great Lakes system.
(x) Submit a report to the President by May 31, 2005, and thereafter as appropriate, that summarizes
the activities of the Task Force and provides any recommendations that would, in the judgment of the Task
Force, advance the policy set forth in section 1 of this order.
(b) Membership and Operation.
(i) The Task Force shall consist exclusively of the following officers of the United States: the
Administrator of the Environmental Protection Agency (who shall chair the Task Force), the Secretary of
State, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary
of Housing and Urban Development, the Secretary of Transportation, the Secretary of Homeland Security,
the Secretary of the Army, and the Chairman of the Council on Environmental Quality. A member of the
Task Force may designate, to perform the Task Force functions of the member, any person who is part of
the member's department, agency, or office and who is either an officer of the United States appointed by
the President or a full-time employee serving in a position with pay equal to or greater than the minimum
rate payable for GS–15 of the General Schedule. The Task Force shall report to the President through the
Chairman of the Council on Environmental Quality.
(ii) The Task Force shall establish a "Great Lakes Regional Working Group" (Working Group)
composed of the appropriate regional administrator or director with programmatic responsibility for the
Great Lakes system for each agency represented on the Task Force including: the Great Lakes National
Program Office of the Environmental Protection Agency; the United States Fish and Wildlife Service,
National Park Service, and United States Geological Survey within the Department of the Interior; the
Natural Resources Conservation Service and the Forest Service of the Department of Agriculture; the
National Oceanic and Atmospheric Administration of the Department of Commerce; the Department of
Housing and Urban Development; the Department of Transportation; the Coast Guard within the
Department of Homeland Security; and the Army Corps of Engineers within the Department of the Army.
The Working Group will coordinate and make recommendations on how to implement the policies,
strategies, projects, and priorities of the Task Force.
(c) Management Principles for Regional Collaboration of National Significance. To further the policy
described in section 1, the Task Force shall recognize and apply key principles and foster conditions to ensure
successful collaboration. To that end, the Environmental Protection Agency will coordinate the development
of a set of principles of successful collaboration.
SEC. 4. Great Lakes National Program Office. The Great Lakes National Program Office of the
Environmental Protection Agency shall assist the Task Force and the Working Group in the performance of
their functions. The Great Lakes National Program Manager shall serve as chair of the Working Group.
SEC. 5. Preservation of Authority. Nothing in this order shall be construed to impair or otherwise affect the
functions of the Director of the Office of Management and Budget relating to budget, administrative,
regulatory, and legislative proposals. Nothing in this order shall be construed to affect the statutory authority
or obligations of any Federal agency or any bi-national agreement with Canada.
SEC. 6. Judicial Review. This order is intended only to improve the internal management of the Federal
Government and is not intended to, and does not, create any right, benefit, or trust responsibility, substantive
or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies,
instrumentalities or entities, its officers or employees, or any other person.
GEORGE W. BUSH.
1 So in original.
2 So in original. Probably should be "paragraph".
3 So in original. Probably should be capitalized.
(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.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Financial Services and General Government Appropriations Act, 2014,
and also as part of the Consolidated Appropriations Act, 2014, and not as part of the Federal Water Pollution
Control Act which comprises this chapter.
(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
For the purposes of this subsection, a distressed community is any community that meets
affordability criteria established by the State in which the community is located, if such criteria are
developed after public review and comment.
(2) Priority
In making assistance available under this section for the upgrading of wastewater treatment
facilities, the Administrator may give priority to a distressed community.
(f) Report
(1) In general
Not 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
The Administrator shall make the report described in paragraph (1) available to the public,
including on a publicly accessible website.
(g) Federal entities
(1) Coordination
The Administrator shall coordinate the actions of all Federal departments and agencies that
affect water quality in the Long Island Sound watershed in order to improve the water quality and
living resources of the watershed.
(2) Methods
In 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
To the maximum extent practicable, the head of each Federal department or agency that owns
or occupies real property, or carries out activities, within the Long Island Sound watershed shall
ensure that the property and all activities carried out by the department or agency are consistent
with the Long Island Sound Comprehensive Conservation and Management Plan (including any
related subsequent agreements and plans).
(h) Authorization of appropriations
There is authorized to be appropriated to the Administrator to carry out this section $40,000,000
for each of fiscal years 2019 through 2023.
(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.)
EDITORIAL NOTES
REFERENCES IN TEXT
The date of enactment of this Act, referred to in subsec. (f)(1), probably means the date of enactment of
Pub. L. 115–270, which was approved Oct. 23, 2018.
AMENDMENTS
2018—Subsec. (c). Pub. L. 115–270, §4104(a)(1)(A), substituted "conference study" for "Management
Conference of the Long Island Sound Study" in introductory provisions.
Subsec. (c)(2). Pub. L. 115–270, §4104(a)(1)(B), substituted semicolons for commas at end of subpars. (A)
to (G) and added subpar. (J).
Subsec. (c)(4). Pub. L. 115–270, §4104(a)(1)(C), added par. (4) and struck out former par. (4) which read as
follows: "coordinate activities and implementation responsibilities with other Federal agencies which have
jurisdiction over Long Island Sound and with national and regional marine monitoring and research programs
established pursuant to the Marine Protection, Research, and Sanctuaries Act;".
Subsec. (c)(5). Pub. L. 115–270, §4104(a)(1)(D), inserted "study" after "conference".
Subsec. (c)(6). Pub. L. 115–270, §4104(a)(1)(E), inserted "(including on a publicly accessible website)"
after "the public" and "study" after "conference".
Subsec. (c)(7). Pub. L. 115–270, §4104(a)(1)(F), added par. (7) and struck out former par. (7) which related
to a report to Congress on the Comprehensive Conservation and Management Plan.
Subsec. (d)(3). Pub. L. 115–270, §4104(a)(2), substituted "60 percent" for "50 per centum".
Subsecs. (f), (g). Pub. L. 115–270, §4104(a)(4), added subsecs. (f) and (g). Former subsec. (f) redesignated
(h).
Subsec. (h). Pub. L. 115–270, §4104(c)(1), amended subsec. (h) generally. Prior to amendment text related
to authorizations.
Pub. L. 115–270, §4104(a)(3), redesignated subsec. (f) as (h).
2005—Subsec. (f). Pub. L. 109–137 substituted "2010" for "2005" in pars. (1) and (2).
2000—Subsec. (c)(1). Pub. L. 106–457, §402, inserted before semicolon at end ", 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".
Subsec. (e). Pub. L. 106–457, §403(2), added subsec. (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 106–457, §§403(1), 404, redesignated subsec. (e) as (f) and substituted "2001 through
2005" for "1991 through 2001" in par. (1) and "not to exceed $40,000,000 for each of fiscal years 2001
through 2005" for "not to exceed $3,000,000 for each of the fiscal years 1991 through 2001" in par. (2).
1996—Subsec. (e). Pub. L. 104–303 substituted "2001" for "1996" in pars. (1) and (2).
1 So in original.
(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 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) Definitions
In this section:
(1) Lake Champlain Basin Program
The term "Lake Champlain Basin Program" means the coordinated efforts among the Federal
Government, State governments, and local governments to implement the Plan.
(2) Lake Champlain drainage basin
The term "Lake Champlain drainage basin" means all or part of Clinton, Franklin, Hamilton,
Warren, Essex, and Washington counties in the State of New York and all or part of Franklin,
Grand Isle, Chittenden, Addison, Rutland, Bennington, Lamoille, Orange, Washington, Orleans,
and Caledonia counties in Vermont, that contain all of the streams, rivers, lakes, and other bodies
of water, including wetlands, that drain into Lake Champlain.
(3) Plan
The term "Plan" means the plan developed under subsection (e).
(h) No effect on certain authority
Nothing 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
There are authorized to be appropriated to the Environmental Protection Agency to carry out this
section—
(1) $2,000,000 for each of fiscal years 1991, 1992, 1993, 1994, and 1995;
(2) such sums as are necessary for each of fiscal years 1996 through 2003; and
(3) $11,000,000 for each of fiscal years 2004 through 2008.
(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.)
EDITORIAL NOTES
AMENDMENTS
2002—Pub. L. 107–303, §202(1), substituted "Lake Champlain Basin Program" for "Lake Champlain
Management Conference" in section catchline.
Subsec. (a). Pub. L. 107–303, §202(1), (2), designated existing provisions as par. (1), inserted heading, and
added par. (2).
Subsec. (d). Pub. L. 107–303, §202(3), struck out par. (1) designation before "The Management".
Subsec. (e)(1). Pub. L. 107–303, §202(4)(A), struck out "(hereafter in this section referred to as the 'Plan')"
after "restoration plan".
Subsec. (e)(2)(F). Pub. L. 107–303, §202(4)(B), added subpar. (F).
Subsec. (f)(1). Pub. L. 107–303, §202(5)(A), substituted "participants in the Lake Champlain Basin
Program," for "the Management Conference,".
Subsec. (f)(2). Pub. L. 107–303, §202(5)(B), substituted "development and implementation of the Plan" for
"development of the Plan and for retaining expert consultants in support of litigation undertaken by the State
of New York and the State of Vermont to compel cleanup or obtain cleanup damage costs from persons
responsible for pollution of Lake Champlain".
Subsec. (g). Pub. L. 107–303, §202(6)(A), substituted "Definitions" for " 'Lake Champlain drainage basin'
defined" in subsec. heading, inserted introductory provisions, added par. (1), inserted par. (2) designation and
heading after par. (1) and inserted "The term" before " 'Lake Champlain drainage".
Subsec. (g)(2). Pub. L. 107–303, §202(6)(B), inserted "Hamilton," after "Franklin," and "Bennington," after
"Rutland,".
Subsec. (g)(3). Pub. L. 107–303, §202(6)(C), added par. (3).
Subsec. (h). Pub. L. 107–303, §202(7), added subsec. (h) and struck out heading and text of former subsec.
(h). Text read as follows: "Nothing in this section shall be construed so as to affect the jurisdiction or powers
of—
"(1) any department or agency of the Federal Government or any State government; or
"(2) any international organization or entity related to Lake Champlain created by treaty or
memorandum to which the United States is a signatory."
Subsec. (i). Pub. L. 107–303, §202(8), substituted "section—" for "section $2,000,000", inserted "(1)
$2,000,000" before "for each of fiscal years 1991,", substituted "1995;" for "1995.", and added pars. (2) and
(3).
EDITORIAL NOTES
REFERENCES IN TEXT
Section 501(b)(4), referred to in subsecs. (a)(1) and (b)(1)(B), means section 501(b)(4) of Pub. L. 102–580,
which is set out below.
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1992 and also as part of the
National Contaminated Sediment Assessment and Management Act, and not as part of the Federal Water
Pollution Control Act which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Great Lakes Legacy Act of 2002, and also as part of the Great Lakes and
Lake Champlain Act of 2002, and not as part of the Federal Water Pollution Control Act which comprises this
chapter.
AMENDMENTS
2008—Subsec. (b)(1). Pub. L. 110–365 added par. (1) and struck out former par. (1). Prior to amendment,
text read as follows: "In addition to amounts authorized under other laws, there is authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal years 2004 through 2008."
EDITORIAL NOTES
REFERENCES IN TEXT
The Federal Water Pollution Control Act, referred to in subsec. (a), is act June 30, 1948, ch. 758, as
amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to this
chapter (§1251 et seq.). For complete classification of this Act to the Code, see Short Title note set out under
section 1251 of this title and Tables.
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in
subsec. (e), is Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is classified principally to
chapter 103 (§9601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 9601 of Title 42 and Tables.
CODIFICATION
Section was formerly set out as a note under section 1252 of this title.
Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the
Federal Water Pollution Control Act which comprises this chapter.
AMENDMENTS
2000—Subsec. (g). Pub. L. 106–541 added subsec. (g).
1999—Subsec. (b)(1). Pub. L. 106–53, §224(1)(A), substituted "35 percent" for "50 percent".
Subsec. (b)(2). Pub. L. 106–53, §224(1)(B), substituted "$50,000,000" for "$20,000,000".
Subsec. (d). Pub. L. 106–53, §224(2), substituted "shared as a cost of construction" for "non-Federal
responsibility".
Subsec. (f)(6) to (8). Pub. L. 106–53, §224(3), added pars. (6) to (8).
1996—Subsec. (a). Pub. L. 104–303, §205(1), inserted "and remediate" after "remove".
Subsec. (b)(1). Pub. L. 104–303, §205(1), (2)(A), inserted "and remediate" after "remove" and inserted "and
remediation" after "removal" in two places.
Subsec. (b)(2). Pub. L. 104–303, §205(2)(B), substituted "$20,000,000" for "$10,000,000".
Subsec. (c). Pub. L. 104–303, §205(1), inserted "and remediate" after "remove".
Subsec. (f). Pub. L. 104–303, §205(3), added subsec. (f) and struck out heading and text of former subsec.
(f). Text read as follows: "This section shall not be effective after the last day of the 5-year period beginning
on November 28, 1990; except that the Secretary may complete any project commenced under this section on
or before such last day."
EDITORIAL NOTES
PRIOR PROVISIONS
Another section 121 of act June 30, 1948, was renumbered section 122 and is classified to section 1274 of
this title.
AMENDMENTS
2012—Subsec. (d). Pub. L. 112–237, §1(1), inserted "to pay not more than 75 percent of the costs" after
"make grants" in introductory provisions.
Subsec. (f)(1). Pub. L. 112–237, §1(2), substituted "2012 and the amount appropriated for fiscal year 2009
for each of fiscal years 2013 through 2017" for "2011".
2006—Subsec. (f)(1). Pub. L. 109–392 substituted "2011" for "2005".
EDITORIAL NOTES
AMENDMENTS
2018—Subsec. (d)(6). Pub. L. 115–270 added par. (6).
(3) The Administrator shall not approve any grant after July 1, 1973, for treatment works under
this section unless the applicant shows to the satisfaction of the Administrator that each sewer
collection system discharging into such treatment works is not subject to excessive infiltration.
(4) The Administrator is authorized to make grants to applicants for treatment works grants under
this section for such sewer system evaluation studies as may be necessary to carry out the
requirements of paragraph (3) of this subsection. Such grants shall be made in accordance with rules
and regulations promulgated by the Administrator. Initial rules and regulations shall be promulgated
under this paragraph not later than 120 days after October 18, 1972.
(5) The Administrator shall not make grants from funds authorized for any fiscal year beginning
after September 30, 1978, to any State, municipality, or intermunicipal or interstate agency for the
erection, building, acquisition, alteration, remodeling, improvement, or extension of treatment works
unless the grant applicant has satisfactorily demonstrated to the Administrator that innovative and
alternative wastewater treatment processes and techniques which provide for the reclaiming and
reuse of water, otherwise eliminate the discharge of pollutants, and utilize recycling techniques, land
treatment, new or improved methods of waste treatment management for municipal and industrial
waste (discharged into municipal systems) and the confined disposal of pollutants, so that pollutants
will not migrate to cause water or other environmental pollution, have been fully studied and
evaluated by the applicant taking into account subsection (d) of this section and taking into account
and allowing to the extent practicable the more efficient use of energy and resources.
(6) The Administrator shall not make grants from funds authorized for any fiscal year beginning
after September 30, 1978, to any State, municipality, or intermunicipal or interstate agency for the
erection, building, acquisition, alteration, remodeling, improvement, or extension of treatment works
unless the grant applicant has satisfactorily demonstrated to the Administrator that the applicant has
analyzed the potential recreation and open space opportunities in the planning of the proposed
treatment works.
(h) Grants to construct privately owned treatment works
A grant may be made under this section to construct a privately owned treatment works serving
one or more principal residences or small commercial establishments constructed prior to, and
inhabited on, December 27, 1977, where the Administrator finds that—
(1) a public body otherwise eligible for a grant under subsection (g) has applied on behalf of a
number of such units and certified that public ownership of such works is not feasible;
(2) such public body has entered into an agreement with the Administrator which guarantees
that such treatment works will be properly operated and maintained and will comply with all other
requirements of section 1284 of this title and includes a system of charges to assure that each
recipient of waste treatment services under such a grant will pay its proportionate share of the cost
of operation and maintenance (including replacement); and
(3) the total cost and environmental impact of providing waste treatment services to such
residences or commercial establishments will be less than the cost of providing a system of
collection and central treatment of such wastes.
(i) Waste treatment management methods, processes, and techniques to reduce energy
requirements
The Administrator shall encourage waste treatment management methods, processes, and
techniques which will reduce total energy requirements.
(j) Grants for treatment works utilizing processes and techniques of guidelines under section
1314(d)(3) of this title
The Administrator is authorized to make a grant for any treatment works utilizing processes and
techniques meeting the guidelines promulgated under section 1314(d)(3) of this title, if the
Administrator determines it is in the public interest and if in the cost effectiveness study made of the
construction grant application for the purpose of evaluating alternative treatment works, the life
cycle cost of the treatment works for which the grant is to be made does not exceed the life cycle
cost of the most cost effective alternative by more than 15 per centum.
(k) Limitation on use of grants for publicly owned treatment works
No grant made after November 15, 1981, for a publicly owned treatment works, other than for
facility planning and the preparation of construction plans and specifications, shall be used to treat,
store, or convey the flow of any industrial user into such treatment works in excess of a flow per day
equivalent to fifty thousand gallons per day of sanitary waste. This subsection shall not apply to any
project proposed by a grantee which is carrying out an approved project to prepare construction plans
and specifications for a facility to treat wastewater, which received its grant approval before May 15,
1980. This subsection shall not be in effect after November 15, 1981.
(l) Grants for facility plans, or plans, specifications, and estimates for proposed project for
construction of treatment works; limitations, allotments, advances, etc.
(1) After December 29, 1981, Federal grants shall not be made for the purpose of providing
assistance solely for facility plans, or plans, specifications, and estimates for any proposed project for
the construction of treatment works. In the event that the proposed project receives a grant under this
section for construction, the Administrator shall make an allowance in such grant for non-Federal
funds expended during the facility planning and advanced engineering and design phase at the
prevailing Federal share under section 1282(a) of this title, based on the percentage of total project
costs which the Administrator determines is the general experience for such projects.
(2)(A) Each State shall use a portion of the funds allotted to such State each fiscal year, but not to
exceed 10 per centum of such funds, to advance to potential grant applicants under this subchapter
the costs of facility planning or the preparation of plans, specifications, and estimates.
(B) Such an advance shall be limited to the allowance for such costs which the Administrator
establishes under paragraph (1) of this subsection, and shall be provided only to a potential grant
applicant which is a small community and which in the judgment of the State would otherwise be
unable to prepare a request for a grant for construction costs under this section.
(C) In the event a grant for construction costs is made under this section for a project for which an
advance has been made under this paragraph, the Administrator shall reduce the amount of such
grant by the allowance established under paragraph (1) of this subsection. In the event no such grant
is made, the State is authorized to seek repayment of such advance on such terms and conditions as it
may determine.
(m) Grants for State of California projects
(1) Notwithstanding any other provisions of this subchapter, the Administrator is authorized to
make a grant from any funds otherwise allotted to the State of California under section 1285 of this
title to the project (and in the amount) specified in Order WQG 81–1 of the California State Water
Resources Control Board.
(2) Notwithstanding any other provision of this chapter, the Administrator shall make a grant from
any funds otherwise allotted to the State of California to the city of Eureka, California, in connection
with project numbered C–06–2772, for the purchase of one hundred and thirty-nine acres of property
as environmental mitigation for siting of the proposed treatment plant.
(3) Notwithstanding any other provision of this chapter, the Administrator shall make a grant from
any funds otherwise allotted to the State of California to the city of San Diego, California, in
connection with that city's aquaculture sewage process (total resources recovery system) as an
innovative and alternative waste treatment process.
(n) Water quality problems; funds, scope, etc.
(1) On and after October 1, 1984, upon the request of the Governor of an affected State, the
Administrator is authorized to use funds available to such State under section 1285 of this title to
address water quality problems due to the impacts of discharges from combined storm water and
sanitary sewer overflows, which are not otherwise eligible under this subsection, where correction of
such discharges is a major priority for such State.
(2) Beginning fiscal year 1983, the Administrator shall have available $200,000,000 per fiscal
year in addition to those funds authorized in section 1287 of this title to be utilized to address water
quality problems of marine bays and estuaries subject to lower levels of water quality due to the
impacts of discharges from combined storm water and sanitary sewer overflows from adjacent urban
complexes, not otherwise eligible under this subsection. Such sums may be used as deemed
appropriate by the Administrator as provided in paragraphs (1) and (2) of this subsection, upon the
request of and demonstration of water quality benefits by the Governor of an affected State.
(o) Capital financing plan
The Administrator shall encourage and assist applicants for grant assistance under this subchapter
to develop and file with the Administrator a capital financing plan which, at a minimum—
(1) projects the future requirements for waste treatment services within the applicant's
jurisdiction for a period of no less than ten years;
(2) projects the nature, extent, timing, and costs of future expansion and reconstruction of
treatment works which will be necessary to satisfy the applicant's projected future requirements
for waste treatment services; and
(3) sets forth with specificity the manner in which the applicant intends to finance such future
expansion and reconstruction.
(p) Time limit on resolving certain disputes
In any case in which a dispute arises with respect to the awarding of a contract for construction of
treatment works by a grantee of funds under this subchapter and a party to such dispute files an
appeal with the Administrator under this subchapter for resolution of such dispute, the Administrator
shall make a final decision on such appeal within 90 days of the filing of such appeal.
(June 30, 1948, ch. 758, title II, §201, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 833;
amended Pub. L. 95–217, §§12–16, Dec. 27, 1977, 91 Stat. 1569, 1570; Pub. L. 96–483, §§2(d), 3,
Oct. 21, 1980, 94 Stat. 2361; Pub. L. 97–117, §§2(a), 3(a), 4–6, 10(c), Dec. 29, 1981, 95 Stat.
1623–1626; Pub. L. 100–4, title II, §201, title III, §316(c), Feb. 4, 1987, 101 Stat. 15, 60.)
EDITORIAL NOTES
AMENDMENTS
1987—Subsec. (g)(1). Pub. L. 100–4, §316(c), substituted "sentences, the Administrator" for "sentence, the
Administrator" and inserted "(A)" after "October 1, 1984, for" and "and (B) any purpose for which a grant
may be made under sections 1329(h) and (i) of this title (including any innovative and alternative approaches
for the control of nonpoint sources of pollution)," before "except that".
Subsec. (p). Pub. L. 100–4, §201, added subsec. (p).
1981—Subsec. (g)(1). Pub. L. 97–117, §2(a), inserted provisions restricting, on or after Oct. 1, 1984, the
categories of projects eligible for grants under this subchapter and providing an exception to the restriction for
projects, other than specified projects, within the definition set forth in section 1292(2) of this title, but
limiting such exception to not more than 20 per centum, as determined by the Governor of the State, of the
amount allotted to a State under section 1285 of this title for any fiscal year.
Subsec. (k). Pub. L. 97–117, §10(c), inserted provision that subsection not be in effect after Nov. 15, 1981.
Subsec. (l). Pub. L. 97–117, §3(a), added subsec. (l).
Subsec. (m). Pub. L. 97–117, §4, added subsec. (m).
Subsec. (n). Pub. L. 97–117, §5, added subsec. (n).
Subsec. (o). Pub. L. 97–117, §6, added subsec. (o).
1980—Subsec. (h). Pub. L. 96–483, §2(d), struck out text following par. (3), relating to payment to the
United States by commercial users of that portion of the cost of construction applicable to treatment of
commercial wastes to the extent attributable to the Federal share of the cost of construction.
Subsec. (k). Pub. L. 96–483, §3, added subsec. (k).
1977—Subsec. (g)(5). Pub. L. 95–217, §12, added par. (5).
Subsec. (g)(6). Pub. L. 95–217, §13, added par. (6).
Subsec. (h). Pub. L. 95–217, §14, added subsec. (h).
Subsec. (i). Pub. L. 95–217, §15, added subsec. (i).
Subsec. (j). Pub. L. 95–217, §16, added subsec. (j).
Pub. L. 104–134, title I, §101(e) [title III], Apr. 26, 1996, 110 Stat. 1321–257, 1321–299; renumbered title
I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327, provided in part: "That beginning in fiscal year 1996
and each fiscal year thereafter, and notwithstanding any other provision of law, the Administrator is
authorized to make grants annually from funds appropriated under this heading ["ENVIRONMENTAL
PROTECTION AGENCY" and "STATE AND TRIBAL ASSISTANCE GRANTS"], subject to such terms
and conditions as the Administrator shall establish, to any State or federally recognized Indian tribe for
multimedia or single media pollution prevention, control and abatement and related environmental activities at
the request of the Governor or other appropriate State official or the tribe".
STATE MANAGEMENT OF CONSTRUCTION GRANT ACTIVITIES
Pub. L. 104–134, title I, §101(e) [title III], Apr. 26, 1996, 110 Stat. 1321–257, 1321–299; renumbered title
I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327, provided in part: "That of the funds appropriated in
the Construction Grants and Water Infrastructure/State Revolving Funds accounts since the appropriation for
the fiscal year ending September 30, 1992, and hereafter, for making grants for wastewater treatment works
construction projects, portions may be provided by the recipients to States for managing construction grant
activities, on condition that the States agree to reimburse the recipients from State funding sources".
GRANTS TO TRUST TERRITORY OF THE PACIFIC ISLANDS, AMERICAN SAMOA, GUAM,
NORTHERN MARIANA ISLANDS, AND VIRGIN ISLANDS; WAIVER OF COLLECTOR
SEWERS LIMITATION
Pub. L. 99–396, §12(b), Aug. 27, 1986, 100 Stat. 841, provided that: "In awarding grants to the Trust
Territory of the Pacific Islands, American Samoa, Guam, the Northern Mariana Islands and the Virgin Islands
under section 201(g)(1) of the Clean Water Act (33 U.S.C. 1251 et seq.) [subsec. (g)(1) of this section], the
Administrator of the Environmental Protection Agency may waive limitations regarding grant eligibility for
sewerage facilities and related appurtenances, insofar as such limitations relate to collector sewers, based upon
a determination that applying such limitations could hinder the alleviation of threats to public health and water
quality. In making such a determination, the Administrator shall take into consideration the public health and
water quality benefits to be derived and the availability of alternate funding sources. The Administrator shall
not award grants under this section for the operation and maintenance of sewerage facilities, for construction
of facilities which are not an essential component of the sewerage facilities, or any other activities or facilities
which are not concerned with the management of wastewater to alleviate threats to public health and water
quality." [For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of
Title 48, Territories and Insular Possessions.]
ENVIRONMENTAL FINANCING AUTHORITY
Pub. L. 92–500, §12, Oct. 18, 1972, 86 Stat. 899, as amended by Pub. L. 97–258, §4(b), Sept. 13, 1982, 96
Stat. 1067, provided that:
"(a) [Short Title] This section may be cited as the Environmental Financing Act of 1972.
"(b) [Establishment] There is hereby created a body corporate to be known as the Environmental Financing
Authority, which shall have succession until dissolved by Act of Congress. The Authority shall be subject to
the general supervision and direction of the Secretary of the Treasury. The Authority shall be an
instrumentality of the United States Government and shall maintain such offices as may be necessary or
appropriate in the conduct of its business.
"(c) [Congressional Declaration of Purpose] The purpose of this section is to assure that inability to borrow
necessary funds on reasonable terms does not prevent any State or local public body from carrying out any
project for construction of waste treatment works determined eligible for assistance pursuant to subsection (e)
of this section.
"(d) [Board of Directors] (1) The Authority shall have a Board of Directors consisting of five persons, one
of whom shall be the Secretary of the Treasury or his designee as Chairman of the Board, and four of whom
shall be appointed by the President from among the officers or employees of the Authority or of any
department or agency of the United States Government.
"(2) The Board of Directors shall meet at the call of its Chairman. The Board shall determine the general
policies which shall govern the operations of the Authority. The Chairman of the Board shall select and effect
the appointment of qualified persons to fill the offices as may be provided for in the bylaws, with such
executive functions, powers, and duties as may be prescribed by the bylaws or by the Board of Directors, and
such persons shall be the executive officers of the Authority and shall discharge all such executive functions,
powers, and duties. The members of the Board, as such, shall not receive compensation for their services.
"(e) [Purchase of State and Local Obligations] (1) Until July 1, 1975, the Authority is authorized to make
commitments to purchase, and to purchase on terms and conditions determined by the Authority, any
obligation or participation therein which is issued by a State or local public body to finance the non-Federal
share of the cost of any project for the construction of waste treatment works which the Administrator of the
Environmental Protection Agency has determined to be eligible for Federal financial assistance under the
Federal Water Pollution Control Act [this chapter].
"(2) No commitment shall be entered into, and no purchase shall be made, unless the Administrator of the
Environmental Protection Agency (A) has certified that the public body is unable to obtain on reasonable
terms sufficient credit to finance its actual needs; (B) has approved the project as eligible under the Federal
Water Pollution Control Act [this chapter], and (C) has agreed to guarantee timely payment of principal and
interest on the obligation. The Administrator is authorized to guarantee such timely payments and to issue
regulations as he deems necessary and proper to protect such guarantees. Appropriations are hereby
authorized to be made to the Administrator in such sums as are necessary to make payments under such
guarantees, and such payments are authorized to be made from such appropriations.
"(3) No purchase shall be made of obligations issued to finance projects, the permanent financing of which
occurred prior to the enactment of this section [Oct. 18, 1972].
"(4) Any purchase by the Authority shall be upon such terms and conditions as to yield a return at a rate
determined by the Secretary of the Treasury taking into consideration (A) the current average yield on
outstanding marketable obligations of the United States of comparable maturity or in its stead whenever the
Authority has sufficient of its own long-term obligations outstanding, the current average yield on outstanding
obligations of the Authority of comparable maturity; and (B) the market yields on municipal bonds.
"(5) The Authority is authorized to charge fees for its commitments and other services adequate to cover all
expenses and to provide for the accumulation of reasonable contingency reserves and such fees shall be
included in the aggregate project costs.
"(f) [Initial Capital] To provide initial capital to the Authority the Secretary of the Treasury is authorized to
advance the funds necessary for this purpose. Each such advance shall be upon such terms and conditions as
to yield a return at a rate not less than a rate determined by the Secretary of the Treasury taking into
consideration the current average yield on outstanding marketable obligations of the United States of
comparable maturities. Interest payments on such advances may be deferred, at the discretion of the Secretary,
but any such deferred payments shall themselves bear interest at the rate specified in this section. There is
authorized to be appropriated not to exceed $100,000,000, which shall be available for the purposes of this
subsection.
"(g) [Issuance of Obligations] (1) The Authority is authorized, with the approval of the Secretary of the
Treasury, to issue and have outstanding obligations having such maturities and bearing such rate or rates of
interest as may be determined by the Authority. Such obligations may be redeemable at the option of the
Authority before maturity in such manner as may be stipulated therein.
"(2) As authorized in appropriation Acts, and such authorizations may be without fiscal year limitations, the
Secretary of the Treasury may in his discretion purchase or agree to purchase any obligations issued pursuant
to paragraph (1) of this subsection, and for such purpose the Secretary of the Treasury is authorized to use as a
public debt transaction the proceeds of the sale of any securities hereafter issued under chapter 31 of title 31,
as now or hereafter in force, and the purposes for which securities may be issued under chapter 31 of title 31,
as now or hereafter in force, are extended to include such purchases. Each purchase of obligations by the
Secretary of the Treasury under this subsection shall be upon such terms and conditions as to yield a return at
a rate not less than a rate determined by the Secretary of the Treasury, taking into consideration the current
average yield on outstanding marketable obligations of the United States of comparable maturities. The
Secretary of the Treasury may sell, upon such terms and conditions and at such price or prices as he shall
determine, any of the obligations acquired by him under this paragraph. All purchases and sales by the
Secretary of the Treasury of such obligations under this paragraph shall be treated as public debt transactions
of the United States. (As amended Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067.)
"(h) [Interest Differential] The Secretary of the Treasury is authorized and directed to make annual
payments to the Authority in such amounts as are necessary to equal the amount by which the dollar amount
of interest expense accrued by the Authority on account of its obligations exceeds the dollar amount of interest
income accrued by the Authority on account of obligations purchased by it pursuant to subsection (e) of this
section.
"(i) [Powers] The Authority shall have power—
"(1) to sue and be sued, complain and defend, in its corporate name;
"(2) to adopt, alter, and use a corporate seal, which shall be judicially noticed;
"(3) to adopt, amend, and repeal bylaws, rules, and regulations as may be necessary for the conduct of
its business;
"(4) to conduct its business, carry on its operations, and have offices and exercise the powers granted
by this section in any State without regard to any qualification or similar statute in any State;
"(5) to lease, purchase, or otherwise acquire, own, hold, improve, use, or otherwise deal in and with
any property, real, personal, or mixed, or any interest therein, wherever situated;
"(6) to accept gifts or donations of services, or of property, real, personal, or mixed, tangible or
intangible, in aid of any of the purposes of the Authority;
"(7) to sell, convey, mortgage, pledge, lease, exchange, and otherwise dispose of its property and
assets;
"(8) to appoint such officers, attorneys, employees, and agents as may be required, to define their
duties, to fix and to pay such compensation for their services as may be determined, subject to the civil
service and classification laws, to require bonds for them and pay the premium thereof; and
"(9) to enter into contracts, to execute instruments, to incur liabilities, and to do all things as are
necessary or incidental to the proper management of its affairs and the proper conduct of its business.
"(j) [Tax Exemption, Exemptions] The Authority, its property, its franchise, capital, reserves, surplus,
security holdings, and other funds, and its income shall be exempt from all taxation now or hereafter imposed
by the United States or by any State or local taxing authority; except that (A) any real property and any
tangible personal property of the Authority shall be subject to Federal, State, and local taxation to the same
extent according to its value as other such property is taxed, and (B) any and all obligations issued by the
Authority shall be subject both as to principal and interest to Federal, State, and local taxation to the same
extent as the obligations of private corporations are taxed.
"(k) [Nature of Obligations] All obligations issued by the Authority shall be lawful investments, and may be
accepted as security for all fiduciary, trust, and public funds, the investment or deposit of which shall be under
authority or control of the United States or of any officer or officers thereof. All obligations issued by the
Authority pursuant to this section shall be deemed to be exempt securities within the meaning of laws
administered by the Securities and Exchange Commission, to the same extent as securities which are issued by
the United States.
"(l) [Preparation of Obligations by Secretary of the Treasury] In order to furnish obligations for delivery by
the Authority, the Secretary of the Treasury is authorized to prepare such obligations in such form as the
Authority may approve, such obligations when prepared to be held in the Treasury subject to delivery upon
order by the Authority. The engraved plates, dies, bed pieces, and so forth, executed in connection therewith,
shall remain in the custody of the Secretary of the Treasury. The Authority shall reimburse the Secretary of
the Treasury for any expenditures made in the preparation, custody, and delivery of such obligations.
"(m) [Annual Report to Congress] The Authority shall, as soon as practicable after the end of each fiscal
year, transmit to the President and the Congress an annual report of its operations and activities.
"(n) [Subsec. (n) amended section 24 of Title 12, Banks and Banking, and is not set out herein.]
"(o) [Financial Controls] The budget and audit provisions of chapter 91 of title 31 shall be applicable to the
Environmental Financing Authority in the same manner as they are applied to the wholly owned Government
corporations. (As amended Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067.)
"(p) [Subsec. (p) amended section 711 of former Title 31, Money and Finance, and is not set out herein.]"
The total of all grants for sewage collection systems made under this section shall not exceed
$2,800,000.
(Pub. L. 95–217, §78, Dec. 27, 1977, 91 Stat. 1611.)
EDITORIAL NOTES
REFERENCES IN TEXT
That Act, meaning the Federal Water Pollution Control Act, referred to in text, is act June 30, 1948, ch.
758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to
this chapter. For complete classification of this Act to the Code, see Short Title note set out under section
1251 of this title and Tables.
Section 3102 of title 42, referred to in par. (2), was omitted from the Code pursuant to section 5316 of Title
42, The Public Health and Welfare, which terminated the authority to make grants or loans under that section
after Jan. 1, 1975.
CODIFICATION
Section was enacted as part of the Clean Water Act of 1977, Pub. L. 95–217, and not as part of the Federal
Water Pollution Control Act which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Quality Act of 1987, and not as part of the Federal Water Pollution
Control Act which comprises this chapter.
EDITORIAL NOTES
AMENDMENTS
1987—Subsec. (a)(1). Pub. L. 100–4, §202(a), inserted "for any grant made pursuant to a State obligation
which obligation occurred before October 1, 1990" before period at end of last sentence.
Pub. L. 100–4, §202(b), inserted at end "Notwithstanding the first sentence of this paragraph, in the case of
a project for which an application for a grant under this subchapter has been made to the Administrator before
October 1, 1984, and which project is under judicial injunction on such date prohibiting its construction, such
project shall be eligible for grants at 75 percent of the cost of construction thereof."
Pub. L. 100–4, §202(c), inserted at end "Notwithstanding the first sentence of this paragraph, in the case of
the Wyoming Valley Sanitary Authority project mandated by judicial order under a proceeding begun prior to
October 1, 1984, and a project for wastewater treatment for Altoona, Pennsylvania, such projects shall be
eligible for grants at 75 percent of the cost of construction thereof."
Subsec. (a)(3). Pub. L. 100–4, §202(d), inserted at end "In addition, the Administrator is authorized to make
a grant to fund all of the costs of the modification or replacement of biodisc equipment (rotating biological
contactors) in any publicly owned treatment works if the Administrator finds that such equipment has failed to
meet design performance specifications, unless such failure is attributable to negligence on the part of any
person, and if such failure has significantly increased capital or operating and maintenance expenditures."
1982—Subsec. (c). Pub. L. 97–357 added subsec. (c).
1981—Subsec. (a)(1). Pub. L. 97–117, §7, inserted "and ending before October 30, 1984," after "June 30,
1971," and "and for any fiscal year beginning on or after October 1, 1984, shall be 55 per centum of the cost
of construction thereof (as approved by the Administrator)," after "(as approved by the Administrator)," and
provision that notwithstanding first sentence of this paragraph, in any case where primary, secondary, or
advanced waste treatment facility or its related interceptors or a project for infiltration-in-flow correction has
received a grant for building, acquisition, etc., before Oct. 1, 1984, all segments and phases be eligible for
grants at 75 per centum of the cost of construction.
Subsec. (a)(2). Pub. L. 97–117, §8(a), inserted provision that the amount of any grant made after Sept. 30,
1981, for any eligible treatment works or unit processes or techniques, utilizing innovative or alternative
wastewater treatment processes or techniques referred to in section 1281(g)(5) of this title be a percentage of
the cost of construction equal to 20 per centum greater than the percentage in effect under par. (1) of this
subsection, but in no event greater than 85 per centum of the cost of construction.
Subsec. (a)(4). Pub. L. 97–117, §8(b), struck out "in the fiscal years ending September 30, 1979, September
30, 1980, and September 30, 1981" after "purpose in such State" and provision that excluded from term
"eligible treatment works" collector sewers, interceptors, storm or sanitary sewers or the separation thereof, or
major sewer rehabilitation.
1980—Subsec. (a)(1). Pub. L. 96–483, §9(a), inserted provisions relating to modification to a lower
percentage rate by the Governor of the State and issuance of guidelines by the Administrator for the
concurrence in any such modification.
Subsec. (a)(2). Pub. L. 96–483, §9(b), inserted provision relating to the modification by the Governor of the
State to a percentage rate no less than 15 per centum greater than the modified uniform rate in which the
Administrator has concurred.
1977—Subsec. (a). Pub. L. 95–217 designated existing provisions as par. (1) and added pars. (2) to (4).
(3) In the case of a treatment works that has an estimated total cost of $8,000,000 or less (as
determined by the Administrator), and the population of the applicant municipality is twenty-five
thousand or less (according to the most recent United States census), upon completion of an
approved facility plan, a single grant may be awarded for the combined Federal share of the cost of
preparing construction plans and specifications, and the building and erection of the treatment works.
(b) Periodic payments
The Administrator shall, from time to time as the work progresses, make payments to the recipient
of a grant for costs of construction incurred on a project. These payments shall at no time exceed the
Federal share of the cost of construction incurred to the date of the voucher covering such payment
plus the Federal share of the value of the materials which have been stockpiled in the vicinity of such
construction in conformity to plans and specifications for the project.
(c) Final payments
After completion of a project and approval of the final voucher by the Administrator, he shall pay
out of the appropriate sums the unpaid balance of the Federal share payable on account of such
project.
(d) Projects eligible
Nothing in this chapter shall be construed to require, or to authorize the Administrator to require,
that grants under this chapter for construction of treatment works be made only for projects which
are operable units usable for sewage collection, transportation, storage, waste treatment, or for
similar purposes without additional construction.
(e) Technical and legal assistance in administration and enforcement of contracts; intervention
in civil actions
At the request of a grantee under this subchapter, the Administrator is authorized to provide
technical and legal assistance in the administration and enforcement of any contract in connection
with treatment works assisted under this subchapter, and to intervene in any civil action involving
the enforcement of such a contract.
(f) Design/build projects
(1) Agreement
Consistent with State law, an applicant who proposes to construct waste water treatment works
may enter into an agreement with the Administrator under this subsection providing for the
preparation of construction plans and specifications and the erection of such treatment works, in
lieu of proceeding under the other provisions of this section.
(2) Limitation on projects
Agreements under this subsection shall be limited to projects under an approved facility plan
which projects are—
(A) treatment works that have an estimated total cost of $8,000,000 or less; and
(B) any of the following types of waste water treatment systems: aerated lagoons, trickling
filters, stabilization ponds, land application systems, sand filters, and subsurface disposal
systems.
(3) Required terms
An agreement entered into under this subsection shall—
(A) set forth an amount agreed to as the maximum Federal contribution to the project, based
upon a competitively bid document of basic design data and applicable standard construction
specifications and a determination of the federally eligible costs of the project at the applicable
Federal share under section 1282 of this title;
(B) set forth dates for the start and completion of construction of the treatment works by the
applicant and a schedule of payments of the Federal contribution to the project;
(C) contain assurances by the applicant that (i) engineering and management assistance will
be provided to manage the project; (ii) the proposed treatment works will be an operable unit
and will meet all the requirements of this subchapter; and (iii) not later than 1 year after the date
specified as the date of completion of construction of the treatment works, the treatment works
will be operating so as to meet the requirements of any applicable permit for such treatment
works under section 1342 of this title;
(D) require the applicant to obtain a bond from the contractor in an amount determined
necessary by the Administrator to protect the Federal interest in the project; and
(E) contain such other terms and conditions as are necessary to assure compliance with this
subchapter (except as provided in paragraph (4) of this subsection).
(4) Limitation on application
Subsections (a), (b), and (c) of this section shall not apply to grants made pursuant to this
subsection.
(5) Reservation to assure compliance
The Administrator shall reserve a portion of the grant to assure contract compliance until final
project approval as defined by the Administrator. If the amount agreed to under paragraph (3)(A)
exceeds the cost of designing and constructing the treatment works, the Administrator shall reallot
the amount of the excess to the State in which such treatment works are located for the fiscal year
in which such audit is completed.
(6) Limitation on obligations
The Administrator shall not obligate more than 20 percent of the amount allotted to a State for a
fiscal year under section 1285 of this title for grants pursuant to this subsection.
(7) Allowance
The Administrator shall determine an allowance for facilities planning for projects constructed
under this subsection in accordance with section 1281(l) of this title.
(8) Limitation on Federal contributions
In no event shall the Federal contribution for the cost of preparing construction plans and
specifications and the building and erection of treatment works pursuant to this subsection exceed
the amount agreed upon under paragraph (3).
(9) Recovery action
In any case in which the recipient of a grant made pursuant to this subsection does not comply
with the terms of the agreement entered into under paragraph (3), the Administrator is authorized
to take such action as may be necessary to recover the amount of the Federal contribution to the
project.
(10) Prevention of double benefits
A recipient of a grant made pursuant to this subsection shall not be eligible for any other grants
under this subchapter for the same project.
(June 30, 1948, ch. 758, title II, §203, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 835;
amended Pub. L. 93–243, §2, Jan. 2, 1974, 87 Stat. 1069; Pub. L. 95–217, §§18, 19, Dec. 27, 1977,
91 Stat. 1571, 1572; Pub. L. 96–483, §6, Oct. 21, 1980, 94 Stat. 2362; Pub. L. 97–117, §9, Dec. 29,
1981, 95 Stat. 1626; Pub. L. 100–4, title II, §§203, 204, Feb. 4, 1987, 101 Stat. 16, 17.)
EDITORIAL NOTES
AMENDMENTS
1987—Subsec. (a). Pub. L. 100–4, §203, designated provision relating to submission of plans,
specifications, and estimates, and provision relating to contractual nature of approval by Administrator as par.
(1), designated provision relating to requirements for awarding single grant for combined Federal share of cost
of preparing plans and specifications, and building and erection of treatment works as par. (3), and added par.
(2).
Subsec. (f). Pub. L. 100–4, §204, added subsec. (f).
1981—Subsec. (a). Pub. L. 97–117 substituted "$8,000,000" for "$4,000,000" and struck out provision that,
if any State is found by the Administrator to have unusually high costs of construction, the Administrator may
authorize a single grant where the estimated total cost of the treatment works does not exceed $5,000,000.
1980—Subsec. (a). Pub. L. 96–483 substituted "$4,000,000" and "$5,000,000" for "$2,000,000" and
"$3,000,000", respectively.
1977—Subsec. (a). Pub. L. 95–217, §18, provided that, in the case of a treatment works that has an
estimated total cost of $2,000,000 or less (as determined by the Administrator), and the population of the
applicant municipality is twenty-five thousand or less (according to the most recent United States census),
upon completion of an approved facility plan, a single grant may be awarded for the combined Federal share
of the cost of preparing construction plans and specifications, and the building and erection of the treatment
works, and that, if any State is found by the Administrator to have unusually high costs of construction, the
Administrator may authorize a single grant where the estimated total cost of the treatment works does not
exceed $3,000,000.
Subsec. (e). Pub. L. 95–217, §19, added subsec. (e).
1974—Subsec. (d). Pub. L. 93–243 added subsec. (d).
EDITORIAL NOTES
AMENDMENTS
1987—Subsec. (a)(1). Pub. L. 100–4, §205(a), amended par. (1) generally. Prior to amendment, par. (1)
read as follows: "that such works are included in any applicable areawide waste treatment management plan
developed under section 1288 of this title;".
Subsec. (a)(2). Pub. L. 100–4, §205(b), amended par. (2) generally. Prior to amendment, par. (2) read as
follows: "that such works are in conformity with any applicable State plan under section 1313(e) of this title;".
Subsec. (b)(1). Pub. L. 100–4, §205(c), inserted at end "A system of user charges which imposes a lower
charge for low-income residential users (as defined by the Administrator) shall be deemed to be a user charge
system meeting the requirements of clause (A) of this paragraph if the Administrator determines that such
system was adopted after public notice and hearing."
1981—Subsec. (a)(5). Pub. L. 97–117, §10(a), inserted provision that beginning Oct. 1, 1984, no grant be
made under this subchapter to construct that portion of any treatment works providing reserve capacity in
excess of existing needs on the date of approval of a grant for the erection, building, etc., of a project for
secondary treatment or more stringent treatment or new interceptors and appurtenances, except that in no
event shall reserve capacity of a facility and its related interceptors to which this subsection applies be in
excess of existing needs on Oct. 1, 1990, and that in any case in which an applicant proposes to provide
reserve capacity greater than that eligible for Federal financial assistance under this subchapter, the
incremental costs of the additional reserve capacity be paid by the applicant.
Subsec. (a)(6). Pub. L. 97–117, §11, struck out ", or at least two brand names or trade names of comparable
quality or utility are listed and are followed by the words 'or equal' " after "parts and equipment" and inserted
provision that when in the judgment of the grantee, it is impractical or uneconomical to make a clear and
accurate description of the technical requirements, a "brand name or equal" description be used as a means to
define performance or other salient requirements of a procurement, and in doing so the grantee need not
establish the existence of any source other than the brand or source so named.
Subsec. (c). Pub. L. 97–117, §10(b), added subsec. (c).
Subsec. (d). Pub. L. 97–117, §12, added subsec. (d).
1980—Subsec. (b)(1). Pub. L. 96–483, §2(a), redesignated cl. (C) as (B). Former cl. (B) relating to
payment, as a condition of approval of a grant, to an applicant by industrial users of that portion of cost of
construction allocable to the treatment of such industrial waste to the extent attributable to the Federal share of
the cost of construction, was struck out.
Subsec. (b)(3) to (6). Pub. L. 96–483, §2(b), redesignated pars. (4) and (5) as (3) and (4), respectively.
Former par. (3) relating to a formula determining the amount the grantee shall retain of the revenues derived
from the payment of costs by industrial users of waste treatment services, to the extent costs are attributable to
the Federal share of eligible project costs, and former par. (6) relating to the exemption from the requirements
of par. (1)(B) of industrial users with a flow of twenty-five thousand gallons or less per day, were struck out.
1977—Subsec. (a)(3). Pub. L. 95–217, §20, provided that any priority list developed pursuant to section
1313(e)(3)(H) of this title may be modified by such State in accordance with regulations promulgated by the
Administrator to give higher priority for grants for the Federal share of the cost of preparing construction
drawings and specifications for any treatment works utilizing processes and techniques meeting the guidelines
promulgated under section 1314(d)(3) of this title and for grants for the combined Federal share of the cost of
preparing construction drawings and specifications and the building and erection of any treatment works
meeting the requirements of the next to the last sentence of section 1283(a) of this title which utilizes
processes and techniques meeting the guidelines promulgated under section 1314(d)(3) of this title.
Subsec. (a)(5). Pub. L. 95–217, §21, provided that efforts to reduce total flow of sewage and unnecessary
water consumption be taken into account, in accordance with regulations promulgated by the Administrator,
that the amount of reserve capacity eligible for a grant under this subchapter be determined by the
Administrator taking into account the projected population and associated commercial and industrial
establishments within the jurisdiction of the applicant to be served by such treatment works as identified in an
approved facilities plan, an areawide plan under section 1288 of this title, or an applicable municipal master
plan of development, and that, for the purpose of this paragraph, section 1288 of this title, and any such plan,
projected population be determined on the basis of the latest information available from the United States
Department of Commerce or from the States as the Administrator, by regulation, determines appropriate.
Subsec. (b)(1). Pub. L. 95–217, §§22(a)(1), (2), 24(c), inserted "(except as otherwise provided in this
paragraph)" after "proportionate share" in cl. (A) and "(which such portion, in the discretion of the applicant,
may be recovered from industrial users of the total waste treatment system as distinguished from the treatment
works for which the grant is made)" in cl. (B) and, at end of existing provisions, inserted sentences under
which a dedicated ad valorem tax system is to be deemed the user charge system meeting the requirements of
cl. (A) for the residential user class and such small non-residential user classes as defined by the Administrator
in cases where an applicant, as of Dec. 27, 1977, uses a system of dedicated ad valorem taxes and the
Administrator determines that the applicant has a system of charges which results in the distribution of
operation and maintenance costs for treatment works within the applicant's jurisdiction, to each user class, in
proportion to the contribution to the total cost of operation and maintenance of such works by each user class
(taking into account total waste water loading of such works, the constituent elements of the wastes, and other
appropriate factors), and such applicant is otherwise in compliance with cl. (A) of this paragraph with respect
to each industrial user.
Subsec. (b)(3). Pub. L. 95–217, §§23, 24(a), substituted "necessary for the administrative costs associated
with the requirement of paragraph (1)(B) of this subsection and future expansion" for "necessary for future
expansion" in cl. (B) and, at end of existing provisions, inserted sentence under which, subject to the approval
of the Administrator, the following: "Not a grantee that received a grant prior to Dec. 27, 1977, may reduce
the amounts required to be paid to such grantee by any industrial user of waste treatment services under such
paragraph, if such grantee requires such industrial user to adopt other means of reducing the demand for waste
treatment services through reduction in the total flow of sewage or unnecessary water consumption, in
proportion to such reduction as determined in accordance with regulations promulgated by the Administrator".
Subsec. (b)(5), (6). Pub. L. 95–217, §§22(b), 24(b), added pars. (5) and (6).
States:
Alabama .011309
Alaska .006053
Arizona .006831
Arkansas .006616
California .072333
Colorado .008090
Connecticut .012390
Delaware .004965
District of Columbia .004965
Florida .034139
Georgia .017100
Hawaii .007833
Idaho .004965
Illinois .045741
Indiana .024374
Iowa .013688
Kansas .009129
Kentucky .012872
Louisiana .011118
Maine .007829
Maryland .024461
Massachusetts .034338
Michigan .043487
Minnesota .018589
Mississippi .009112
Missouri .028037
Montana .004965
Nebraska .005173
Nevada .004965
New Hampshire .010107
New Jersey .041329
New Mexico .004965
New York .111632
North Carolina .018253
North Dakota .004965
Ohio .056936
Oklahoma .008171
Oregon .011425
Pennsylvania .040062
Rhode Island .006791
South Carolina .010361
South Dakota .004965
Tennessee .014692
Texas .046226
Utah .005329
Vermont .004965
Virginia .020698
Washington .017588
West Virginia .015766
Wisconsin .027342
Wyoming .004965
American Samoa .000908
Guam .000657
Northern Marianas .000422
Puerto Rico .013191
Pacific Trust Territories .001295
Virgin Islands .000527
(3) In carrying out planning with grants made under paragraph (2) of this subsection, a State shall
develop jointly with local, regional, and interstate entities, a plan for carrying out the program and
give funding priority to such entities and designated or undesignated public comprehensive planning
organizations to carry out the purposes of this subsection. In giving such priority, the State shall
allocate at least 40 percent of the amount granted to such State for a fiscal year under paragraph (2)
of this subsection to regional public comprehensive planning organizations in such State and
appropriate interstate organizations for the development and implementation of the plan described in
this paragraph. In any fiscal year for which the Governor, in consultation with such organizations
and with the approval of the Administrator, determines that allocation of at least 40 percent of such
amount to such organizations will not result in significant participation by such organizations in
water quality management planning and not significantly assist in development and implementation
of the plan described in this paragraph and achieving the goals of this chapter, the allocation to such
organization may be less than 40 percent of such amount.
(4) All activities undertaken under this subsection shall be in coordination with other related
provisions of this chapter.
(5) NONPOINT SOURCE RESERVATION.—In addition to the sums reserved under paragraph
(1), the Administrator shall reserve each fiscal year for each State 1 percent of the sums allotted and
available for obligation to such State under this section for each fiscal year beginning on or after
October 1, 1986, or $100,000, whichever is greater, for the purpose of carrying out section 1329 of
this title. Sums so reserved in a State in any fiscal year for which such State does not request the use
of such sums, to the extent such sums exceed $100,000, may be used by such State for other
purposes under this subchapter.
(k) New York City Convention Center
The Administrator shall allot to the State of New York from sums authorized to be appropriated
for the fiscal year ending September 30, 1982, an amount necessary to pay the entire cost of
conveying sewage from the Convention Center of the city of New York to the Newtown sewage
treatment plant, Brooklyn-Queens area, New York. The amount allotted under this subsection shall
be in addition to and not in lieu of any other amounts authorized to be allotted to such State under
this chapter.
(l) Marine estuary reservation
(1) Reservation of funds
(A) General rule
Prior to making allotments among the States under subsection (c) of this section, the
Administrator shall reserve funds from sums appropriated pursuant to section 1287 of this title
for each fiscal year beginning after September 30, 1986.
(B) Fiscal years 1987 and 1988
For each of fiscal years 1987 and 1988 the reservation shall be 1 percent of the sums
appropriated pursuant to section 1287 of this title for such fiscal year.
(C) Fiscal years 1989 and 1990
For each of fiscal years 1989 and 1990 the reservation shall be 1½ percent of the funds
appropriated pursuant to section 1287 of this title for such fiscal year.
(2) Use of funds
Of the sums reserved under this subsection, two-thirds shall be available to address water
quality problems of marine bays and estuaries subject to lower levels of water quality due to the
impacts of discharges from combined storm water and sanitary sewer overflows from adjacent
urban complexes, and one-third shall be available for the implementation of section 1330 of this
title, relating to the national estuary program.
(3) Period of availability
Sums reserved under this subsection shall be subject to the period of availability for obligation
established by subsection (d) of this section.
(4) Treatment of certain body of water
For purposes of this section and section 1281(n) of this title, Newark Bay, New Jersey, and the
portion of the Passaic River up to Little Falls, in the vicinity of Beatties Dam, shall be treated as a
marine bay and estuary.
(m) Discretionary deposits into State water pollution control revolving funds
(1) From construction grant allotments
In addition to any amounts deposited in a water pollution control revolving fund established by
a State under subchapter VI, upon request of the Governor of such State, the Administrator shall
make available to the State for deposit, as capitalization grants, in such fund in any fiscal year
beginning after September 30, 1986, such portion of the amounts allotted to such State under this
section for such fiscal year as the Governor considers appropriate; except that (A) in fiscal year
1987, such deposit may not exceed 50 percent of the amounts allotted to such State under this
section for such fiscal year, and (B) in fiscal year 1988, such deposit may not exceed 75 percent of
the amounts allotted to such State under this section for this fiscal year.
(2) Notice requirement
The Governor of a State may make a request under paragraph (1) for a deposit into the water
pollution control revolving fund of such State—
(A) in fiscal year 1987 only if no later than 90 days after February 4, 1987, and
(B) in each fiscal year thereafter only if 90 days before the first day of such fiscal year,
EDITORIAL NOTES
CODIFICATION
Subsec. (f) provided that sums made available for obligation between Jan. 1, 1975, and Mar. 1, 1975, be
available for obligation until Sept. 30, 1978.
AMENDMENTS
2002—Subsec. (a). Pub. L. 107–303 repealed Pub. L. 105–362, §501(d)(2)(C). See 1998 Amendment note
below.
1998—Subsec. (a). Pub. L. 105–362, §501(d)(2)(C), which directed the substitution of "section 1375 of this
title" for "section 1375(b) of this title" in last sentence, was repealed by Pub. L. 107–303. See Effective Date
of 2002 Amendment note below.
1987—Subsec. (c)(2). Pub. L. 100–4, §206(a)(1), substituted "September 30, 1985, and September 30,
1986" for "and September 30, 1985".
Subsec. (c)(3). Pub. L. 100–4, §206(a)(2), added par. (3).
Subsec. (e). Pub. L. 100–4, §206(b), substituted "1985, 1986, 1987, 1988, 1989, and 1990" for "and 1985"
in two places.
Subsec. (g)(1). Pub. L. 100–4, §206(c), substituted "October 1, 1994" for "October 1, 1985".
Subsec. (h). Pub. L. 100–4, §207, substituted "a total (as determined by the Governor of the State) of not
less than 4 percent nor more than 7½ percent" for "four per centum" and "7½ per cent" for "four per centum".
Subsec. (i). Pub. L. 100–4, §208, amended subsec. (i) generally. Prior to amendment, subsec. (i) read as
follows: "Not less than one-half of one per centum of funds allotted to a State for each of the fiscal years
ending September 30, 1979, September 30, 1980, September 30, 1981, September 30, 1982, September 30,
1983, September 30, 1984, and September 30, 1985, under subsection (a) of this section shall be expended
only for increasing the Federal share of grants for construction of treatment works utilizing innovative
processes and techniques pursuant to section 1282(a)(2) of this title. Including the expenditures authorized by
the preceding sentence, a total of two per centum of the funds allotted to a State for each of the fiscal years
ending September 30, 1979, and September 30, 1980, and 3 per centum of the funds allotted to a State for the
fiscal year ending September 30, 1981, under subsection (a) of this section shall be expended only for
increasing grants for construction of treatment works from 75 per centum to 85 per centum pursuant to section
1282(a)(2) of this title. Including the expenditures authorized by the first sentence of this subsection, a total
(as determined by the Governor of the State) of not less than 4 per centum nor more than 7½ per centum of the
funds allotted to such State for any fiscal year beginning after September 30, 1981, under subsection (c) of this
section shall be expended only for increasing the Federal share of grants for construction of treatment works
pursuant to section 1282(a)(2) of this title."
Subsec. (j)(3). Pub. L. 100–4, §209, inserted provision directing State to allocate at least 40 percent of
amount granted under par. (2) to regional public comprehensive planning organizations and appropriate
interstate organizations for development and implementation of plan, with exception for less than 40 percent
allocation in certain circumstances.
Subsec. (j)(5). Pub. L. 100–4, §316(d), added par. (5).
Subsec. (l). Pub. L. 100–4, §210, added subsec. (l).
Subsec. (m). Pub. L. 100–4, §212(b), added subsec. (m).
1981—Subsec. (c). Pub. L. 97–117, §13(a), designated existing provision as par. (1) and added par. (2).
Subsec. (e). Pub. L. 97–117, §13(b), substituted "1981, 1982, 1983, 1984, and 1985" for "and 1981" in two
places.
Subsec. (g)(1). Pub. L. 97–117, §14, inserted "except in the case of any fiscal year beginning on or after
October 1, 1981, and ending before October 1, 1985, in which case the percentage authorized to be reserved
shall not exceed 4 per centum." after "October 1, 1977," and provision that sums authorized to be reserved be
in addition to and not in lieu of any other funds which may be authorized to carry out this subsection.
Subsec. (i). Pub. L. 97–117, §8(c), substituted "September 30, 1981, September 30, 1982, September 30,
1983, September 30, 1984, and September 30, 1985" for "and September 30, 1981", struck out "from 75 per
centum to 85 per centum" after "innovative processes and techniques", and inserted provision that including
the expenditures authorized by the first sentence of this subsection, a total, as determined by the State
Governor, of not less than 4 per centum nor more than 7½ per centum of the funds allotted to such State for
any fiscal year beginning after Sept. 30, 1981, under subsec. (c) of this section be expended only for
increasing the Federal share of grants for construction of treatment works pursuant to section 1282(a)(2) of
this title.
Subsecs. (j), (k). Pub. L. 97–117, §§15, 16, added subsecs. (j) and (k).
1980—Subsec. (g)(1). Pub. L. 96–483 inserted "of the amount authorized under section 1287 of this title for
purposes" after "2 per centum".
1977—Subsec. (a). Pub. L. 95–217, §25(a), substituted "each fiscal year beginning after June 30, 1972, and
before September 30, 1977" for "each fiscal year beginning after June 30, 1972".
Subsecs. (c) to (f). Pub. L. 95–217, §25(b), added subsecs. (c) to (f).
Subsecs. (g) to (i). Pub. L. 95–217, §§26(a), 27, 28, added subsecs. (g) to (i).
1974—Subsec. (a). Pub. L. 93–243 inserted provisions that for the fiscal year ending June 30, 1975, the
ratio shall be determined one-half on the basis of table I of House Public Works Committee Print Numbered
93–28 and one-half on the basis of table II of such print, except that no State shall receive an allotment less
than that which it received for the fiscal year ending June 30, 1972, as set forth in table III of such print and
substituted "June 30, 1975" for "June 30, 1974" in sentence beginning "Allotments for fiscal years".
To the extent that sufficient funds are not appropriated to pay the full Federal share with respect to
a project for which obligations under the provisions of this subsection have been made, the
Administrator shall reduce the Federal share to such amount less than 75 per centum as such
appropriations do provide.
(2) In determining the allotment for any fiscal year under this subchapter, any treatment works
project constructed in accordance with this section and without the aid of Federal funds shall not be
considered completed until an application under the provisions of this subsection with respect to
such project has been approved by the Administrator, or the availability of funds from which this
project is eligible for reimbursement has expired, whichever first occurs.
(June 30, 1948, ch. 758, title II, §206, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 838;
amended Pub. L. 93–207, §1(2), Dec. 28, 1973, 87 Stat. 906; Pub. L. 95–217, §29(a), Dec. 27, 1977,
91 Stat. 1576; Pub. L. 96–483, §5, Oct. 21, 1980, 94 Stat. 2361.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 1158 of this title, referred to in subsecs. (a) and (b), refers to section 8 of act June 30, 1948, ch. 758,
62 Stat. 1158, prior to the supersedure and reenactment of act June 30, 1948, by act Oct. 18, 1972, Pub. L.
92–500, 86 Stat. 816. Provisions of section 1158 of this title are covered by this subchapter.
This Act, referred to in subsec. (b), means act June 30, 1948, ch. 758, 62 Stat. 1155, prior to the supersedure
and reenactment of act June 30, 1948 by act Oct. 18, 1972, Pub. L. 92–500, 86 Stat. 816. Act June 30, 1948,
ch. 758, as added by act Oct. 18, 1972, Pub. L. 92–500, 86 Stat. 816, enacted this chapter.
AMENDMENTS
1980—Subsec. (f)(1). Pub. L. 96–483 substituted "In any case where a substantial portion of the funds
allotted to a State for the current fiscal year under this subchapter have been obligated under section 1281(g)
of this title, or will be so obligated in a timely manner (as determined by the Administrator)" for "In any case
where all funds allotted to a State under this subchapter have been obligated under section 1283 of this title",
substituted "first fiscal year" for "future fiscal year", inserted "in the period" before "for which the
application", substituted "and such requested payment for that fiscal year does not exceed the State's expected
allotment from such authorization. The Administrator shall not be required to make such requested payment
for any fiscal year—" for "which authorization will insure such payment without exceeding the State's
expected allotment from such authorization.", and added subpars. (A), (B), and provisions following subpar.
(B).
1977—Subsec. (a). Pub. L. 95–217 substituted "July 1, 1973" for "July 1, 1972".
1973—Subsec. (e). Pub. L. 93–207 substituted "$2,600,000,000" for "$2,000,000,000".
EDITORIAL NOTES
AMENDMENTS
1987—Pub. L. 100–4 inserted "; and for each of the fiscal years ending September 30, 1986, September 30,
1987, and September 30, 1988, not to exceed $2,400,000,000; and for each of the fiscal years ending
September 30, 1989, and September 30, 1990, not to exceed $1,200,000,000" before period at end.
1981—Pub. L. 97–117 substituted "and for the fiscal years ending September 30, 1982, September 30,
1983, September 30, 1984, and September 30, 1985, not to exceed $2,400,000,000 per fiscal year" for "and for
the fiscal year ending September 30, 1982, not to exceed $0, unless there is enacted legislation establishing an
allotment formula for fiscal year 1982 construction grant funds and otherwise reforming the municipal sewage
treatment construction grant program under this subchapter, in which case the authorization for fiscal year
1982 shall be an amount not to exceed $2,400,000,000".
Pub. L. 97–35 substituted provisions authorizing not to exceed $2,548,837,000 for fiscal year ending Sept.
30, 1981, and not to exceed $0 for the fiscal year ending Sept. 30, 1982, unless an allotment formula is
enacted, in which case the authorization is not to exceed $2,400,000,000, for provisions authorizing not to
exceed $5,000,000,000 for fiscal years ending Sept. 30, 1981 and 1982.
1977—Pub. L. 95–217 inserted "and subject to such amounts as are provided in appropriation Acts, for the
fiscal year ending September 30, 1977, $1,000,000,000 for the fiscal year ending September 30, 1978,
$4,500,000,000 and for the fiscal years ending September 30, 1979, September 30, 1980, September 30, 1981,
and September 30, 1982, not to exceed $5,000,000,000 per fiscal year".
1973—Pub. L. 93–207 inserted reference to section 1286(e) of this title.
(D) the identification of those agencies necessary to construct, operate, and maintain all
facilities required by the plan and otherwise to carry out the plan;
(E) the identification of the measures necessary to carry out the plan (including financing), the
period of time necessary to carry out the plan, the costs of carrying out the plan within such time,
and the economic, social, and environmental impact of carrying out the plan within such time;
(F) a process to (i) identify, if appropriate, agriculturally and silviculturally related nonpoint
sources of pollution, including return flows from irrigated agriculture, and their cumulative
effects, runoff from manure disposal areas, and from land used for livestock and crop production,
and (ii) set forth procedures and methods (including land use requirements) to control to the extent
feasible such sources;
(G) a process to (i) identify, if appropriate, mine-related sources of pollution including new,
current, and abandoned surface and underground mine runoff, and (ii) set forth procedures and
methods (including land use requirements) to control to the extent feasible such sources;
(H) a process to (i) identify construction activity related sources of pollution, and (ii) set forth
procedures and methods (including land use requirements) to control to the extent feasible such
sources;
(I) a process to (i) identify, if appropriate, salt water intrusion into rivers, lakes, and estuaries
resulting from reduction of fresh water flow from any cause, including irrigation, obstruction,
ground water extraction, and diversion, and (ii) set forth procedures and methods to control such
intrusion to the extent feasible where such procedures and methods are otherwise a part of the
waste treatment management plan;
(J) a process to control the disposition of all residual waste generated in such area which could
affect water quality; and
(K) a process to control the disposal of pollutants on land or in subsurface excavations within
such area to protect ground and surface water quality.
(3) Areawide waste treatment management plans shall be certified annually by the Governor or his
designee (or Governors or their designees, where more than one State is involved) as being
consistent with applicable basin plans and such areawide waste treatment management plans shall be
submitted to the Administrator for his approval.
(4)(A) Whenever the Governor of any State determines (and notifies the Administrator) that
consistency with a statewide regulatory program under section 1313 of this title so requires, the
requirements of clauses (F) through (K) of paragraph (2) of this subsection shall be developed and
submitted by the Governor to the Administrator for approval for application to a class or category of
activity throughout such State.
(B) Any program submitted under subparagraph (A) of this paragraph which, in whole or in part,
is to control the discharge or other placement of dredged or fill material into the navigable waters
shall include the following:
(i) A consultation process which includes the State agency with primary jurisdiction over fish
and wildlife resources.
(ii) A process to identify and manage the discharge or other placement of dredged or fill
material which adversely affects navigable waters, which shall complement and be coordinated
with a State program under section 1344 of this title conducted pursuant to this chapter.
(iii) A process to assure that any activity conducted pursuant to a best management practice will
comply with the guidelines established under section 1344(b)(1) of this title, and sections 1317
and 1343 of this title.
(iv) A process to assure that any activity conducted pursuant to a best management practice can
be terminated or modified for cause including, but not limited to, the following:
(I) violation of any condition of the best management practice;
(II) change in any activity that requires either a temporary or permanent reduction or
elimination of the discharge pursuant to the best management practice.
(v) A process to assure continued coordination with Federal and Federal-State water-related
planning and reviewing processes, including the National Wetlands Inventory.
(C) If the Governor of a State obtains approval from the Administrator of a statewide regulatory
program which meets the requirements of subparagraph (B) of this paragraph and if such State is
administering a permit program under section 1344 of this title, no person shall be required to obtain
an individual permit pursuant to such section, or to comply with a general permit issued pursuant to
such section, with respect to any appropriate activity within such State for which a best management
practice has been approved by the Administrator under the program approved by the Administrator
pursuant to this paragraph.
(D)(i) Whenever the Administrator determines after public hearing that a State is not
administering a program approved under this section in accordance with the requirements of this
section, the Administrator shall so notify the State, and if appropriate corrective action is not taken
within a reasonable time, not to exceed ninety days, the Administrator shall withdraw approval of
such program. The Administrator shall not withdraw approval of any such program unless he shall
first have notified the State, and made public, in writing, the reasons for such withdrawal.
(ii) In the case of a State with a program submitted and approved under this paragraph, the
Administrator shall withdraw approval of such program under this subparagraph only for a
substantial failure of the State to administer its program in accordance with the requirements of this
paragraph.
(c) Regional operating agencies
(1) The Governor of each State, in consultation with the planning agency designated under
subsection (a) of this section, at the time a plan is submitted to the Administrator, shall designate one
or more waste treatment management agencies (which may be an existing or newly created local,
regional, or State agency or political subdivision) for each area designated under subsection (a) of
this section and submit such designations to the Administrator.
(2) The Administrator shall accept any such designation, unless, within 120 days of such
designation, he finds that the designated management agency (or agencies) does not have adequate
authority—
(A) to carry out appropriate portions of an areawide waste treatment management plan
developed under subsection (b) of this section;
(B) to manage effectively waste treatment works and related facilities serving such area in
conformance with any plan required by subsection (b) of this section;
(C) directly or by contract, to design and construct new works, and to operate and maintain new
and existing works as required by any plan developed pursuant to subsection (b) of this section;
(D) to accept and utilize grants, or other funds from any source, for waste treatment
management purposes;
(E) to raise revenues, including the assessment of waste treatment charges;
(F) to incur short- and long-term indebtedness;
(G) to assure in implementation of an areawide waste treatment management plan that each
participating community pays its proportionate share of treatment costs;
(H) to refuse to receive any wastes from any municipality or subdivision thereof, which does
not comply with any provisions of an approved plan under this section applicable to such area; and
(I) to accept for treatment industrial wastes.
(d) Conformity of works with area plan
After a waste treatment management agency having the authority required by subsection (c) has
been designated under such subsection for an area and a plan for such area has been approved under
subsection (b) of this section, the Administrator shall not make any grant for construction of a
publicly owned treatment works under section 1281(g)(1) of this title within such area except to such
designated agency and for works in conformity with such plan.
(e) Permits not to conflict with approved plans
No permit under section 1342 of this title shall be issued for any point source which is in conflict
with a plan approved pursuant to subsection (b) of this section.
(f) Grants
(1) The Administrator shall make grants to any agency designated under subsection (a) of this
section for payment of the reasonable costs of developing and operating a continuing areawide waste
treatment management planning process under subsection (b) of this section.
(2) For the two-year period beginning on the date the first grant is made under paragraph (1) of
this subsection to an agency, if such first grant is made before October 1, 1977, the amount of each
such grant to such agency shall be 100 per centum of the costs of developing and operating a
continuing areawide waste treatment management planning process under subsection (b) of this
section, and thereafter the amount granted to such agency shall not exceed 75 per centum of such
costs in each succeeding one-year period. In the case of any other grant made to an agency under
such paragraph (1) of this subsection, the amount of such grant shall not exceed 75 per centum of the
costs of developing and operating a continuing areawide waste treatment management planning
process in any year.
(3) Each applicant for a grant under this subsection shall submit to the Administrator for his
approval each proposal for which a grant is applied for under this subsection. The Administrator
shall act upon such proposal as soon as practicable after it has been submitted, and his approval of
that proposal shall be deemed a contractual obligation of the United States for the payment of its
contribution to such proposal, subject to such amounts as are provided in appropriation Acts. There
is authorized to be appropriated to carry out this subsection not to exceed $50,000,000 for the fiscal
year ending June 30, 1973, not to exceed $100,000,000 for the fiscal year ending June 30, 1974, not
to exceed $150,000,000 per fiscal year for the fiscal years ending June 30, 1975, September 30,
1977, September 30, 1978, September 30, 1979, and September 30, 1980, not to exceed
$100,000,000 per fiscal year for the fiscal years ending September 30, 1981, and September 30,
1982, and such sums as may be necessary for fiscal years 1983 through 1990.
(g) Technical assistance by Administrator
The Administrator is authorized, upon request of the Governor or the designated planning agency,
and without reimbursement, to consult with, and provide technical assistance to, any agency
designated under subsection (a) of this section in the development of areawide waste treatment
management plans under subsection (b) of this section.
(h) Technical assistance by Secretary of the Army
(1) The Secretary of the Army, acting through the Chief of Engineers, in cooperation with the
Administrator is authorized and directed, upon request of the Governor or the designated planning
organization, to consult with, and provide technical assistance to, any agency designed 1 under
subsection (a) of this section in developing and operating a continuing areawide waste treatment
management planning process under subsection (b) of this section.
(2) There is authorized to be appropriated to the Secretary of the Army, to carry out this
subsection, not to exceed $50,000,000 per fiscal year for the fiscal years ending June 30, 1973, and
June 30, 1974.
(i) State best management practices program
(1) The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife
Service, shall, upon request of the Governor of a State, and without reimbursement, provide
technical assistance to such State in developing a statewide program for submission to the
Administrator under subsection (b)(4)(B) of this section and in implementing such program after its
approval.
(2) There is authorized to be appropriated to the Secretary of the Interior $6,000,000 to complete
the National Wetlands Inventory of the United States, by December 31, 1981, and to provide
information from such Inventory to States as it becomes available to assist such States in the
development and operation of programs under this chapter.
(j) Agricultural cost sharing
(1) The Secretary of Agriculture, with the concurrence of the Administrator, and acting through
the Soil Conservation Service and such other agencies of the Department of Agriculture as the
Secretary may designate, is authorized and directed to establish and administer a program to enter
into contracts, subject to such amounts as are provided in advance by appropriation acts, of not less
than five years nor more than ten years with owners and operators having control of rural land for the
purpose of installing and maintaining measures incorporating best management practices to control
nonpoint source pollution for improved water quality in those States or areas for which the
Administrator has approved a plan under subsection (b) of this section where the practices to which
the contracts apply are certified by the management agency designated under subsection (c)(1) of
this section to be consistent with such plans and will result in improved water quality. Such contracts
may be entered into during the period ending not later than September 31, 1988. Under such
contracts the land owner or operator shall agree—
(i) to effectuate a plan approved by a soil conservation district, where one exists, under this
section for his farm, ranch, or other land substantially in accordance with the schedule outlined
therein unless any requirement thereof is waived or modified by the Secretary;
(ii) to forfeit all rights to further payments or grants under the contract and refund to the United
States all payments and grants received thereunder, with interest, upon his violation of the contract
at any stage during the time he has control of the land if the Secretary, after considering the
recommendations of the soil conservation district, where one exists, and the Administrator,
determines that such violation is of such a nature as to warrant termination of the contract, or to
make refunds or accept such payment adjustments as the Secretary may deem appropriate if he
determines that the violation by the owner or operator does not warrant termination of the
contract;
(iii) upon transfer of his right and interest in the farm, ranch, or other land during the contract
period to forfeit all rights to further payments or grants under the contract and refund to the United
States all payments or grants received thereunder, with interest, unless the transferee of any such
land agrees with the Secretary to assume all obligations of the contract;
(iv) not to adopt any practice specified by the Secretary on the advice of the Administrator in
the contract as a practice which would tend to defeat the purposes of the contract;
(v) to such additional provisions as the Secretary determines are desirable and includes in the
contract to effectuate the purposes of the program or to facilitate the practical administration of the
program.
(2) In return for such agreement by the landowner or operator the Secretary shall agree to provide
technical assistance and share the cost of carrying out those conservation practices and measures set
forth in the contract for which he determines that cost sharing is appropriate and in the public interest
and which are approved for cost sharing by the agency designated to implement the plan developed
under subsection (b) of this section. The portion of such cost (including labor) to be shared shall be
that part which the Secretary determines is necessary and appropriate to effectuate the installation of
the water quality management practices and measures under the contract, but not to exceed 50 per
centum of the total cost of the measures set forth in the contract; except the Secretary may increase
the matching cost share where he determines that (1) the main benefits to be derived from the
measures are related to improving offsite water quality, and (2) the matching share requirement
would place a burden on the landowner which would probably prevent him from participating in the
program.
(3) The Secretary may terminate any contract with a landowner or operator by mutual agreement
with the owner or operator if the Secretary determines that such termination would be in the public
interest, and may agree to such modification of contracts previously entered into as he may
determine to be desirable to carry out the purposes of the program or facilitate the practical
administration thereof or to accomplish equitable treatment with respect to other conservation, land
use, or water quality programs.
(4) In providing assistance under this subsection the Secretary will give priority to those areas and
sources that have the most significant effect upon water quality. Additional investigations or plans
may be made, where necessary, to supplement approved water quality management plans, in order to
determine priorities.
(5) The Secretary shall, where practicable, enter into agreements with soil conservation districts,
State soil and water conservation agencies, or State water quality agencies to administer all or part of
the program established in this subsection under regulations developed by the Secretary. Such
agreements shall provide for the submission of such reports as the Secretary deems necessary, and
for payment by the United States of such portion of the costs incurred in the administration of the
program as the Secretary may deem appropriate.
(6) The contracts under this subsection shall be entered into only in areas where the management
agency designated under subsection (c)(1) of this section assures an adequate level of participation
by owners and operators having control of rural land in such areas. Within such areas the local soil
conservation district, where one exists, together with the Secretary of Agriculture, will determine the
priority of assistance among individual land owners and operators to assure that the most critical
water quality problems are addressed.
(7) The Secretary, in consultation with the Administrator and subject to section 1314(k) of this
title, shall, not later than September 30, 1978, promulgate regulations for carrying out this subsection
and for support and cooperation with other Federal and non-Federal agencies for implementation of
this subsection.
(8) This program shall not be used to authorize or finance projects that would otherwise be eligible
for assistance under the terms of Public Law 83–566 [16 U.S.C. 1001 et seq.].
(9) There are hereby authorized to be appropriated to the Secretary of Agriculture $200,000,000
for fiscal year 1979, $400,000,000 for fiscal year 1980, $100,000,000 for fiscal year 1981,
$100,000,000 for fiscal year 1982, and such sums as may be necessary for fiscal years 1983 through
1990, to carry out this subsection. The program authorized under this subsection shall be in addition
to, and not in substitution of, other programs in such area authorized by this or any other public law.
(June 30, 1948, ch. 758, title II, §208, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 839;
amended Pub. L. 95–217, §§4(e), 31, 32, 33(a), 34, 35, Dec. 27, 1977, 91 Stat. 1566, 1576–1579;
Pub. L. 96–483, §1(d), (e), Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100–4, title I, §101(d), (e), Feb. 4,
1987, 101 Stat. 9.)
EDITORIAL NOTES
REFERENCES IN TEXT
Public Law 83–566, referred to in subsec. (j)(8), is act Aug. 4, 1954, ch. 656, 68 Stat. 666, known as the
Watershed Protection and Flood Prevention Act, which is classified principally to chapter 18 (§1001 et seq.)
of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out
under section 1001 of Title 16 and Tables.
AMENDMENTS
1987—Subsec. (f)(3). Pub. L. 100–4, §101(d), struck out "and" after "1974," and "1980," and inserted
", and such sums as may be necessary for fiscal years 1983 through 1990" after "1982".
Subsec. (j)(9). Pub. L. 100–4, §101(e), struck out "and" after "1981," and inserted "and such sums as may
be necessary for fiscal years 1983 through 1990," after "1982,".
1980—Subsec. (f)(3). Pub. L. 96–483, §1(d), inserted authorization of not to exceed $100,000,000 per
fiscal year for fiscal years ending Sept. 30, 1981 and 1982.
Subsec. (j)(9). Pub. L. 96–483, §1(e), inserted reference to authorization of $100,000,000 for each of fiscal
years 1981 and 1982.
1977—Subsec. (b)(1). Pub. L. 95–217, §31(a), designated existing provisions as subpar. (A) and added
subpar. (B).
Subsec. (b)(2)(A). Pub. L. 95–217, §32, inserted ", and an identification of open space and recreation
opportunities that can be expected to result from improved water quality, including consideration of potential
use of lands associated with treatment works and increased access to water-based recreation" after
"development of such treatment works".
Subsec. (b)(2)(F). Pub. L. 95–217, §33(a), substituted "sources of pollution, including return flows from
irrigated agriculture, and their cumulative effects," for "sources of pollution, including".
Subsec. (b)(4). Pub. L. 95–217, §34(a), designated existing provisions as subpar. (A), substituted "to the
Administrator for approval for application to a class or category of activity throughout such State" for "to the
Administrator for application to all regions within such State", and added subpars. (B) to (D).
Subsec. (f)(2). Pub. L. 95–217, §31(b), substituted "For the two-year period beginning on the date the first
grant is made under paragraph (1) of this subsection to an agency, if such first grant is made before October 1,
1977, the amount of each such grant to such agency shall be 100 per centum of the costs of developing and
operating a continuing areawide waste treatment management planning process under subsection (b) of this
section, and thereafter the amount granted to such agency shall not exceed 75 per centum of such costs in each
succeeding one-year period" for "The amount granted to any agency under paragraph (1) of this subsection
shall be 100 per centum of the costs of developing and operating a continuing areawide waste treatment
management planning process under subsection (b) of this section for each of the fiscal years ending on June
30, 1973, June 30, 1974, and June 30, 1975, and shall not exceed 75 per centum of such costs in each
succeeding fiscal year" and inserted "In the case of any other grant made to an agency under such paragraph
(1) of this subsection, the amount of such grant shall not exceed 75 per centum of the costs of developing and
operating a continuing areawide waste treatment management planning process in any year."
Subsec. (f)(3). Pub. L. 95–217, §§4(e), 31(c), substituted "and not to exceed $150,000,000 per fiscal year
for the fiscal years ending June 30, 1975, September 30, 1977, September 30, 1978, September 30, 1979, and
September 30, 1980" for "and not to exceed $150,000,000 for the fiscal year ending June 30, 1975" and
inserted "subject to such amounts as are provided in appropriation Acts" after "contractual obligation of the
United States for the payment of its contribution to such proposal".
Subsec. (i). Pub. L. 95–217, §34(b), added subsec. (i).
Subsec. (j). Pub. L. 95–217, §35, added subsec. (j).
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve
lands and programs under jurisdiction of that Department, relating to compliance with this chapter with
respect to pre-construction, construction, and initial operation of transportation system for Canadian and
Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska
Natural Gas Transportation System, until the first anniversary of the date of initial operation of the Alaska
Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§102(f), 203(a), 44 F.R. 33663, 33666,
93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and
Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and
functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L.
102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce
and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal
Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.
EDITORIAL NOTES
REFERENCES IN TEXT
The Water Resources Planning Act, referred to in subsec. (a), is Pub. L. 89–80, July 22, 1965, 79 Stat. 244,
as amended, which is classified generally to chapter 19B (§1962 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1962 of
Title 42 and Tables.
EDITORIAL NOTES
AMENDMENTS
2002—Pub. L. 107–303 repealed Pub. L. 105–362, §501(d)(2)(D). See 1998 Amendment note below.
1998—Pub. L. 105–362, §501(d)(2)(D), which directed the substitution of "shall be reported to Congress
not later than 90 days after the date of convening of each session of Congress" for "shall be included in the
report required under section 1375(a) of this title", was repealed by Pub. L. 107–303. See Effective Date of
2002 Amendment note below.
EDITORIAL NOTES
AMENDMENTS
1987—Subsec. (c). Pub. L. 100–4 substituted "1990" for "1985".
1981—Subsec. (c). Pub. L. 97–117 substituted "September 30, 1985" for "September 30, 1982".
1977—Pub. L. 95–217 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
§1292. Definitions
As used in this subchapter—
(1) The term "construction" means any one or more of the following: preliminary planning to
determine the feasibility of treatment works, engineering, architectural, legal, fiscal, or economic
investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, field
testing of innovative or alternative waste water treatment processes and techniques meeting
guidelines promulgated under section 1314(d)(3) of this title, or other necessary actions, erection,
building, acquisition, alteration, remodeling, improvement, or extension of treatment works, or the
inspection or supervision of any of the foregoing items.
(2)(A) The term "treatment works" means any devices and systems used in the storage, treatment,
recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature to implement
section 1281 of this title, or necessary to recycle or reuse water at the most economical cost over the
estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems,
pumping, power, and other equipment, and their appurtenances; extensions, improvements,
remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled
supply such as standby treatment units and clear well facilities; and acquisition of the land that will
be an integral part of the treatment process (including land used for the storage of treated wastewater
in land treatment systems prior to land application) or will be used for ultimate disposal of residues
resulting from such treatment and acquisition of other land, and interests in land, that are necessary
for construction.
(B) In addition to the definition contained in subparagraph (A) of this paragraph, "treatment
works" means any other method or system for preventing, abating, reducing, storing, treating,
separating, or disposing of municipal waste, including storm water runoff, or industrial waste,
including waste in combined storm water and sanitary sewer systems. Any application for
construction grants which includes wholly or in part such methods or systems shall, in accordance
with guidelines published by the Administrator pursuant to subparagraph (C) of this paragraph,
contain adequate data and analysis demonstrating such proposal to be, over the life of such works,
the most cost efficient alternative to comply with sections 1311 or 1312 of this title, or the
requirements of section 1281 of this title.
(C) For the purposes of subparagraph (B) of this paragraph, the Administrator shall, within one
hundred and eighty days after October 18, 1972, publish and thereafter revise no less often than
annually, guidelines for the evaluation of methods, including cost-effective analysis, described in
subparagraph (B) of this paragraph.
(3) The term "replacement" as used in this subchapter means those expenditures for obtaining and
installing equipment, accessories, or appurtenances during the useful life of the treatment works
necessary to maintain the capacity and performance for which such works are designed and
constructed.
(June 30, 1948, ch. 758, title II, §212, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 844;
amended Pub. L. 95–217, §37, Dec. 27, 1977, 91 Stat. 1581; Pub. L. 97–117, §8(d), Dec. 29, 1981,
95 Stat. 1626; Pub. L. 113–121, title V, §5012(a), June 10, 2014, 128 Stat. 1328.)
EDITORIAL NOTES
AMENDMENTS
2014—Par. (2)(A). Pub. L. 113–121 struck out "any works, including site" before "acquisition of the land",
substituted "will be used for ultimate" for "is used for ultimate", and inserted "and acquisition of other land,
and interests in land, that are necessary for construction" before period at end.
1981—Par. (1). Pub. L. 97–117 inserted "field testing of innovative or alternative waste water treatment
processes and techniques meeting guidelines promulgated under section 1314(d)(3) of this title," after
"procedures,".
1977—Par. (2)(A). Pub. L. 95–217 inserted "(including land used for the storage of treated wastewater in
land treatment systems prior to land application)" after "integral part of the treatment process".
EDITORIAL NOTES
AMENDMENTS
1980—Subsec. (d). Pub. L. 96–483 struck out "(1) all or any portion of the funds retained by such grantee
under section 1284(b)(3) of this title, and (2)" after "limited to".
EDITORIAL NOTES
REFERENCES IN TEXT
Section 1171 of this title, referred to in subsec. (a), was omitted as superseded.
The National Environmental Policy Act of 1969, referred to in subsecs. (a) and (b), is Pub. L. 91–190, Jan.
1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out
under section 4321 of Title 42 and Tables.
The Federal Water Pollution Control Act, referred to in subsec. (b), is act June 30, 1948, ch. 758, as
amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to this
chapter (§1251 et seq.). For complete classification of this Act to the Code, see Short Title note set out under
section 1251 of this title and Tables.
CODIFICATION
Section was formerly classified to section 1165a of this title.
Section was not enacted as a part of the Federal Water Pollution Control Act which comprises this chapter.
AMENDMENTS
1988—Subsec. (j). Pub. L. 100–676, §24(a), added subsec. (j).
Subsec. (k). Pub. L. 100–676, §24(b), added subsec. (k).
1974—Subsec. (d). Pub. L. 93–251 inserted provision for waiver of payments in event of a written
agreement before occurrence of findings.
EDITORIAL NOTES
AMENDMENTS
1981—Pub. L. 97–117 inserted provision that it is the policy of Congress that projects for wastewater
treatment and management undertaken with Federal financial assistance under this chapter by any State,
municipality, or intermunicipal or interstate agency be projects which, in the estimation of the State, are
designed to achieve optimum water quality management, consistent with the public health and water quality
goals and requirements of this chapter.
EDITORIAL NOTES
REFERENCES IN TEXT
The Reclamation Projects Authorization and Adjustment Act of 1992, referred to in subsec. (e)(1), is Pub.
L. 102–575, Oct. 30, 1992, 106 Stat. 4600, as amended. Provisions relating to the reclamation and reuse
program are classified generally to section 390h et seq. of Title 43, Public Lands. For complete classification
of this Act to the Code, see Short Title of 1992 Amendment note set out under section 371 of Title 43 and
Tables.
AMENDMENTS
2021—Subsec. (b). Pub. L. 117–58, §50203(6), redesignated subsec. (i) as (b). Former subsec. (b)
redesignated (c).
Pub. L. 117–58, §50203(1), substituted "Establishment" for "In general" in heading.
Subsec. (c). Pub. L. 117–58, §50203(6), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 117–58, §50203(6), redesignated subsec. (c) as (d). Former subsec. (d) redesignated
(e).
Subsec. (d)(1). Pub. L. 117–58, §50203(2)(A), inserted "construction" before "funds".
Subsec. (d)(2), (3). Pub. L. 117–58, §50203(2)(B), (C), redesignated par. (3) as (2) and struck out former
par. (2) which related to additional consideration regarding the location of a project.
Subsec. (e). Pub. L. 117–58, §50203(6), redesignated subsec. (d) as (e).
Pub. L. 117–58, §50203(3), struck out subsec. (e) which related to committee resolution procedure.
Subsec. (i). Pub. L. 117–58, §50203(6), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (b).
Pub. L. 117–58, §50203(4)(A), struck out ", the following definitions apply" before the semicolon in
introductory provisions.
Subsec. (i)(1). Pub. L. 117–58, §50203(4)(B), substituted "water, wastewater, or stormwater or by treating
wastewater or stormwater for groundwater recharge, potable reuse, or other purposes" for "water or
wastewater or by treating wastewater".
Subsec. (j). Pub. L. 117–58, §50203(6), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (b).
Pub. L. 117–58, §50203(5), designated existing provisions as par. (1), inserted heading, substituted
"$25,000,000 for each of fiscal years 2022 through 2026, to" for "a total of $75,000,000 for fiscal years 2002
through 2004. Such sums shall", and added par. (2).
EDITORIAL NOTES
AMENDMENTS
2021—Subsec. (a)(1)(B), (C). Pub. L. 117–58, §50204(1), added subpar. (B) and redesignated former
subpar. (B) as (C).
Subsec. (d). Pub. L. 117–58, §50204(2), designated first sentence as par. (1) and inserted heading,
designated second sentence as par. (3), inserted heading, and substituted "The applicable non-Federal share of
the cost under this subsection" for "The non-Federal share of the cost", and added par. (2).
Subsec. (f)(1). Pub. L. 117–58, §50204(3)(A), added par. (1) and struck out former par. (1). Prior to
amendment, text read as follows: "There is authorized to be appropriated to carry out this section
$225,000,000 for each of fiscal years 2019 through 2020."
Subsec. (f)(2). Pub. L. 117–58, §50204(3)(B), designated existing provisions as subpar. (A), inserted
heading, and added subpar. (B).
Subsec. (i). Pub. L. 117–58, §50204(4)(B), (D), designated existing provisions as par. (1), inserted heading,
and added par. (2).
Subsec. (i)(1). Pub. L. 117–58, §50204(A)–(C), designated first and second sentences as subpars. (A) and
(B), respectively, and inserted headings; in subpar. (A), substituted "containing—" for "containing",
redesignated remaining provisions as cl. (i), and added cl. (ii); and, in subpar. (B), substituted "The funding
levels recommended under subparagraph (A)(i)" for "The recommended funding levels".
2018—Pub. L. 115–270, §4106(1), substituted "Sewer overflow and stormwater reuse municipal grants" for
"Sewer overflow control grants" in section catchline.
Subsec. (a). Pub. L. 115–270, §4106(2), amended subsec. (a) generally. Prior to amendment, subsec. (a)
related to purposes for making sewer overflow control grants to States, municipalities, and municipal entities.
Subsec. (e). Pub. L. 115–270, §4106(3), amended subsec. (e) generally. Prior to amendment, text read as
follows: "If a project receives grant assistance under subsection (a) and loan assistance from a State water
pollution control revolving fund and the loan assistance is for 15 percent or more of the cost of the project, the
project may be administered in accordance with State water pollution control revolving fund administrative
reporting requirements for the purposes of streamlining such requirements."
Subsec. (f). Pub. L. 115–270, §4106(4), amended subsec. (f) generally. Prior to amendment, text read as
follows: "There is authorized to be appropriated to carry out this section $750,000,000 for each of fiscal years
2002 and 2003. Such sums shall remain available until expended."
Subsec. (g). Pub. L. 115–270, §4106(5), amended subsec. (g) generally. Prior to amendment, subsec. (g)
related to allocation of funds.
(4) the modification or relocation of an existing publicly owned treatment works, conveyance,
or discharge system component that is at risk of being significantly impaired or damaged by a
natural hazard;
(5) the development and implementation of projects to increase the resilience of publicly owned
treatment works to a natural hazard or cybersecurity vulnerabilities, as applicable; or
(6) the enhancement of energy efficiency or the use and generation of recovered or renewable
energy in the management, treatment, or conveyance of wastewater or stormwater.
(d) Application
To be eligible to receive a grant under the program, an eligible entity shall submit to the
Administrator an application at such time, in such manner, and containing such information as the
Administrator may require, including—
(1) a proposal of the project to be planned, designed, or constructed using funds under the
program;
(2) an identification of the natural hazard risk of the area where the proposed project is to be
located or potential cybersecurity vulnerability, as applicable, to be addressed by the proposed
project;
(3) documentation prepared by a Federal, State, regional, or local government agency of the
natural hazard risk of the area where the proposed project is to be located or potential
cybersecurity vulnerability, as applicable, of the area where the proposed project is to be located;
(4) a description of any recent natural hazard risk of the area where the proposed project is to be
located or potential cybersecurity vulnerabilities that have affected the publicly owned treatment
works;
(5) a description of how the proposed project would improve the performance of the publicly
owned treatment works under an anticipated natural hazard or natural hazard risk of the area
where the proposed project is to be located or a potential cybersecurity vulnerability, as
applicable; and
(6) an explanation of how the proposed project is expected to enhance the resilience of the
publicly owned treatment works to a natural hazard risk of the area where the proposed project is
to be located or a potential cybersecurity vulnerability, as applicable.
(e) Grant amount and other Federal requirements
(1) Cost share
Except as provided in paragraph (2), a grant under the program shall not exceed 75 percent of
the total cost of the proposed project.
(2) Exception
(A) In general
Except as provided in subparagraph (B), a grant under the program shall not exceed 90
percent of the total cost of the proposed project if the project serves a community that—
(i) has a population of fewer than 10,000 individuals; or
(ii) meets the affordability criteria established by the State in which the community is
located under section 1383(i)(2) of this title.
(B) Waiver
At the discretion of the Administrator, a grant for a project described in subparagraph (A)
may cover 100 percent of the total cost of the proposed project.
(3) Requirements
The requirements of section 1388 of this title shall apply to a project funded with a grant under
the program.
(f) Report
Not later than 2 years after November 15, 2021, the Administrator shall submit to Congress a
report that describes the implementation of the program, which shall include an accounting of all
grants awarded under the program, including a description of each grant recipient and each project
funded using a grant under the program.
(g) Authorization of appropriations
(1) In general
There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal
years 2022 through 2026.
(2) Limitation on use of funds
Of the amounts made available for grants under paragraph (1), not more than 2 percent may be
used to pay the administrative costs of the Administrator.
(June 30, 1948, ch. 758, title II, §223, as added Pub. L. 117–58, div. E, title II, §50205, Nov. 15,
2021, 135 Stat. 1162.)
§1302b. Small and medium publicly owned treatment works circuit rider
program
(a) Establishment
Subject to the availability of appropriations, not later than 180 days after November 15, 2021, the
Administrator shall establish a circuit rider program (referred to in this section as the "circuit rider
program") under which the Administrator shall award grants to qualified nonprofit entities, as
determined by the Administrator, to provide assistance to owners and operators of small and medium
publicly owned treatment works to carry out the activities described in section 1382(b)(13) of this
title.
(b) Limitation
A grant provided under the circuit rider program shall be in an amount that is not more than
$75,000.
(c) Prioritization
In selecting recipients of grants under the circuit rider program, the Administrator shall give
priority to qualified nonprofit entities, as determined by the Administrator, that would serve a
community that—
(1) has a history, for not less than the 10 years prior to the award of the grant, of unresolved
wastewater issues, stormwater issues, or a combination of wastewater and stormwater issues;
(2) is considered financially distressed;
(3) faces the cumulative burden of stormwater and wastewater overflow issues; or
(4) has previously failed to access Federal technical assistance due to cost-sharing requirements.
(d) Communication
Each qualified nonprofit entity that receives funding under this section shall, before using that
funding to undertake activities to carry out this section, consult with the State in which the assistance
is to be expended or otherwise made available.
(e) Report
Not later than 2 years after the date on which the Administrator establishes the circuit rider
program, and every 2 years thereafter, the Administrator shall submit to Congress a report
describing—
(1) each recipient of a grant under the circuit rider program; and
(2) a summary of the activities carried out under the circuit rider program.
(f) Authorization of appropriations
(1) In general
There is authorized to be appropriated to carry out this section $10,000,000 for the period of
fiscal years 2022 through 2026.
(2) Limitation on use of funds
Of the amounts made available for grants under paragraph (1), not more than 2 percent may be
used to pay the administrative costs of the Administrator.
(June 30, 1948, ch. 758, title II, §224, as added Pub. L. 117–58, div. E, title II, §50206, Nov. 15,
2021, 135 Stat. 1164.)
(2) a nonprofit organization that seeks to assist a small publicly owned treatment works
described in paragraph (1) to carry out the activities described in subsection (a).
(c) Report
Not later than 2 years after the date on which the Administrator establishes the efficiency grant
program, and every 2 years thereafter, the Administrator shall submit to Congress a report
describing—
(1) each recipient of a grant under the efficiency grant program; and
(2) a summary of the activities carried out under the efficiency grant program.
(d) Use of funds
(1) Small systems
Of the amounts made available for grants under this section, to the extent that there are
sufficient applications, not less than 15 percent shall be used for grants to publicly owned
treatment works that serve fewer than 3,300 people.
(2) Limitation on use of funds
Of the amounts made available for grants under this section, not more than 2 percent may be
used to pay the administrative costs of the Administrator.
(June 30, 1948, ch. 758, title II, §225, as added Pub. L. 117–58, div. E, title II, §50207, Nov. 15,
2021, 135 Stat. 1165.)
(iii) analyze whether additional financial programs for the implementation of new and
emerging, but proven, stormwater control infrastructure technologies would be useful;
(iv) provide information regarding research conducted under clause (i) to the national
electronic clearinghouse center for publication on the Internet website established under
paragraph (3)(B)(i) to provide to the Federal Government and State, Tribal, and local
governments and the private sector information regarding new and emerging, but proven,
stormwater control infrastructure technologies;
(v) provide technical assistance to State, Tribal, and local governments to assist with the
design, construction, operation, and maintenance of stormwater control infrastructure projects
that use innovative technologies;
(vi) collaborate with institutions of higher education and private and public organizations,
including community-based public-private partnerships and other stakeholders, in the
geographical region in which the center is located; and
(vii) coordinate with the other centers to avoid duplication of efforts.
(2) Application
To be eligible to receive a grant under this subsection, an eligible institution shall prepare and
submit to the Administrator an application at such time, in such form, and containing such
information as the Administrator may require.
(3) National electronic clearinghouse center
Of the centers established under paragraph (1)(A), 1 shall—
(A) be designated as the "national electronic clearinghouse center"; and
(B) in addition to the other functions of that center—
(i) develop, operate, and maintain an Internet website and a public database that contains
information relating to new and emerging, but proven, stormwater control infrastructure
technologies; and
(ii) post to the website information from all centers.
(4) Authorization of appropriations
(A) In general
There is authorized to be appropriated to carry out this subsection $5,000,000 for each of
fiscal years 2022 through 2026.
(B) Limitation on use of funds
Of the amounts made available for grants under subparagraph (A), not more than 2 percent
may be used to pay the administrative costs of the Administrator.
(c) Stormwater control infrastructure project grants
(1) Grant authority
Subject to the availability of appropriations, the Administrator shall provide grants, on a
competitive basis, to eligible entities to carry out stormwater control infrastructure projects that
incorporate new and emerging, but proven, stormwater control technologies in accordance with
this subsection.
(2) Stormwater control infrastructure projects
(A) Planning and development grants
The Administrator may make planning and development grants under this subsection for the
following projects:
(i) Planning and designing stormwater control infrastructure projects that incorporate new
and emerging, but proven, stormwater control technologies, including engineering surveys,
landscape plans, maps, long-term operations and maintenance plans, and implementation
plans.
(ii) Identifying and developing standards necessary to accommodate stormwater control
infrastructure projects, including those projects that incorporate new and emerging, but
proven, stormwater control technologies.
(iii) Identifying and developing fee structures to provide financial support for design,
installation, and operations and maintenance of stormwater control infrastructure, including
new and emerging, but proven, stormwater control infrastructure technologies.
(iv) Developing approaches for community-based public-private partnerships for the
financing and construction of stormwater control infrastructure technologies, including
feasibility studies, stakeholder outreach, and needs assessments.
(v) Developing and delivering training and educational materials regarding new and
emerging, but proven, stormwater control infrastructure technologies for distribution to—
(I) individuals and entities with applicable technical knowledge; and
(II) the public.
(B) Implementation grants
The Administrator may make implementation grants under this subsection for the following
projects:
(i) Installing new and emerging, but proven, stormwater control infrastructure
technologies.
(ii) Protecting or restoring interconnected networks of natural areas that protect water
quality.
(iii) Monitoring and evaluating the environmental, economic, or social benefits of
stormwater control infrastructure technologies that incorporate new and emerging, but
proven, stormwater control technology.
(iv) Implementing a best practices standard for stormwater control infrastructure programs.
(3) Application
Except as otherwise provided in this section, to be eligible to receive a grant under this
subsection, an eligible entity shall prepare and submit to the Administrator an application at such
time, in such form, and containing such information as the Administrator may require, including,
as applicable—
(A) a description of the stormwater control infrastructure project that incorporates new and
emerging, but proven, technologies;
(B) a plan for monitoring the impacts and pollutant load reductions associated with the
stormwater control infrastructure project on the water quality and quantity;
(C) an evaluation of other environmental, economic, and social benefits of the stormwater
control infrastructure project; and
(D) a plan for the long-term operation and maintenance of the stormwater control
infrastructure project and a tracking system, such as asset management practices.
(4) Priority
In making grants under this subsection, the Administrator shall give priority to applications
submitted on behalf of—
(A) a community that—
(i) has municipal combined storm and sanitary sewers in the collection system of the
community; or
(ii) is a small, rural, or disadvantaged community, as determined by the Administrator; or
(B) an eligible entity that will use not less than 15 percent of the grant to provide service to a
small, rural, or disadvantaged community, as determined by the Administrator.
(5) Maximum amounts
(A) Planning and development grants
(i) Single grant
The amount of a single planning and development grant provided under this subsection
shall be not more than $200,000.
(ii) Aggregate amount
The total amount of all planning and development grants provided under this subsection
for a fiscal year shall be not more than 1/3 of the total amount made available to carry out this
subsection.
(B) Implementation grants
(i) Single grant
The amount of a single implementation grant provided under this subsection shall be not
more than $2,000,000.
(ii) Aggregate amount
The total amount of all implementation grants provided under this subsection for a fiscal
year shall be not more than 2/3 of the total amount made available to carry out this
subsection.
(6) Federal share
(A) In general
Except as provided in subparagraph (C), the Federal share of a grant provided under this
subsection shall not exceed 80 percent of the total project cost.
(B) Credit for implementation grants
The Administrator shall credit toward the non-Federal share of the cost of an implementation
project carried out under this subsection the cost of planning, design, and construction work
completed for the project using funds other than funds provided under this section.
(C) Exception
The Administrator may waive the Federal share limitation under subparagraph (A) for an
eligible entity that has adequately demonstrated financial need.
(d) Report to Congress
Not later than 2 years after the date on which the Administrator first awards a grant under this
section, the Administrator shall submit to Congress a report that includes, with respect to the period
covered by the report—
(1) a description of all grants provided under this section;
(2) a detailed description of—
(A) the projects supported by those grants; and
(B) the outcomes of those projects;
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Drinking Water and Wastewater Infrastructure Act of 2021 and also as
part of the Infrastructure Investment and Jobs Act, and not as part of the Federal Water Pollution Control Act
which comprises this chapter.
and such publicly owned treatment works is presently unable to accept such discharge without
construction, and in the case of a discharge to an existing publicly owned treatment works, such
treatment works has an extension pursuant to paragraph (1) of this subsection, the owner or operator
of such point source may request the Administrator (or if appropriate the State) to issue or modify
such a permit pursuant to such section 1342 of this title to extend such time for compliance. Any
such request shall be filed with the Administrator (or if appropriate the State) within 180 days after
December 27, 1977, or the filing of a request by the appropriate publicly owned treatment works
under paragraph (1) of this subsection, whichever is later. If the Administrator (or if appropriate the
State) finds that the owner or operator of such point source has acted in good faith, he may grant
such request and issue or modify such a permit, which shall contain a schedule of compliance for the
point source to achieve the requirements of subsections (b)(1)(A) and (C) of this section and shall
contain such other terms and conditions, including pretreatment and interim effluent limitations and
water conservation requirements applicable to that point source, as the Administrator determines are
necessary to carry out the provisions of this chapter.
(B) No time modification granted by the Administrator (or if appropriate the State) pursuant to
paragraph (2)(A) of this subsection shall extend beyond the earliest date practicable for compliance
or beyond the date of any extension granted to the appropriate publicly owned treatment works
pursuant to paragraph (1) of this subsection, but in no event shall it extend beyond July 1, 1988; and
no such time modification shall be granted unless (i) the publicly owned treatment works will be in
operation and available to the point source before July 1, 1988, and will meet the requirements of
subsections (b)(1)(B) and (C) of this section after receiving the discharge from that point source; and
(ii) the point source and the publicly owned treatment works have entered into an enforceable
contract requiring the point source to discharge into the publicly owned treatment works, the owner
or operator of such point source to pay the costs required under section 1284 of this title, and the
publicly owned treatment works to accept the discharge from the point source; and (iii) the permit
for such point source requires that point source to meet all requirements under section 1317(a) and
(b) of this title during the period of such time modification.
(j) Modification procedures
(1) Any application filed under this section for a modification of the provisions of—
(A) subsection (b)(1)(B) under subsection (h) of this section shall be filed not later that 1 the
365th day which begins after December 29, 1981, except that a publicly owned treatment works
which prior to December 31, 1982, had a contractual arrangement to use a portion of the capacity
of an ocean outfall operated by another publicly owned treatment works which has applied for or
received modification under subsection (h), may apply for a modification of subsection (h) in its
own right not later than 30 days after February 4, 1987, and except as provided in paragraph (5);
(B) subsection (b)(2)(A) as it applies to pollutants identified in subsection (b)(2)(F) shall be
filed not later than 270 days after the date of promulgation of an applicable effluent guideline
under section 1314 of this title or not later than 270 days after December 27, 1977, whichever is
later.
(2) Subject to paragraph (3) of this section, any application for a modification filed under
subsection (g) of this section shall not operate to stay any requirement under this chapter, unless in
the judgment of the Administrator such a stay or the modification sought will not result in the
discharge of pollutants in quantities which may reasonably be anticipated to pose an unacceptable
risk to human health or the environment because of bioaccumulation, persistency in the environment,
acute toxicity, chronic toxicity (including carcinogenicity, mutagenicity, or teratogenicity), or
synergistic propensities, and that there is a substantial likelihood that the applicant will succeed on
the merits of such application. In the case of an application filed under subsection (g) of this section,
the Administrator may condition any stay granted under this paragraph on requiring the filing of a
bond or other appropriate security to assure timely compliance with the requirements from which a
modification is sought.
(3) COMPLIANCE REQUIREMENTS UNDER SUBSECTION (g).—
(A) EFFECT OF FILING.—An application for a modification under subsection (g) and a
petition for listing of a pollutant as a pollutant for which modifications are authorized under such
subsection shall not stay the requirement that the person seeking such modification or listing
comply with effluent limitations under this chapter for all pollutants not the subject of such
application or petition.
(B) EFFECT OF DISAPPROVAL.—Disapproval of an application for a modification under
subsection (g) shall not stay the requirement that the person seeking such modification comply
with all applicable effluent limitations under this chapter.
(4) DEADLINE FOR SUBSECTION (g) DECISION.—An application for a modification with
respect to a pollutant filed under subsection (g) must be approved or disapproved not later than 365
days after the date of such filing; except that in any case in which a petition for listing such pollutant
as a pollutant for which modifications are authorized under such subsection is approved, such
application must be approved or disapproved not later than 365 days after the date of approval of
such petition.
(5) EXTENSION OF APPLICATION DEADLINE.—
(A) IN GENERAL.—In the 180-day period beginning on October 31, 1994, the city of San
Diego, California, may apply for a modification pursuant to subsection (h) of the requirements of
subsection (b)(1)(B) with respect to biological oxygen demand and total suspended solids in the
effluent discharged into marine waters.
(B) APPLICATION.—An application under this paragraph shall include a commitment by the
applicant to implement a waste water reclamation program that, at a minimum, will—
(i) achieve a system capacity of 45,000,000 gallons of reclaimed waste water per day by
January 1, 2010; and
(ii) result in a reduction in the quantity of suspended solids discharged by the applicant into
the marine environment during the period of the modification.
(2) The effluent limitations established under a permit issued under paragraph (1) shall be
sufficient to implement the applicable State water quality standards, to assure the protection of public
water supplies and protection and propagation of a balanced, indigenous population of shellfish, fish,
fauna, wildlife, and other aquatic organisms, and to allow recreational activities in and on the water.
In setting such limitations, the Administrator shall take into account any seasonal variations and the
need for an adequate margin of safety, considering the lack of essential knowledge concerning the
relationship between effluent limitations and water quality and the lack of essential knowledge of the
effects of discharges on beneficial uses of the receiving waters.
(3) A permit under this subsection may be issued for a period not to exceed five years, and such a
permit may be renewed for one additional period not to exceed five years upon a demonstration by
the applicant and a finding by the Administrator at the time of application for any such renewal that
the provisions of this subsection are met.
(4) The Administrator may terminate a permit issued under this subsection if the Administrator
determines that there has been a decline in ambient water quality of the receiving waters during the
period of the permit even if a direct cause and effect relationship cannot be shown: Provided, That if
the effluent from a source with a permit issued under this subsection is contributing to a decline in
ambient water quality of the receiving waters, the Administrator shall terminate such permit.
(n) Fundamentally different factors
(1) General rule
The Administrator, with the concurrence of the State, may establish an alternative requirement
under subsection (b)(2) or section 1317(b) of this title for a facility that modifies the requirements
of national effluent limitation guidelines or categorical pretreatment standards that would
otherwise be applicable to such facility, if the owner or operator of such facility demonstrates to
the satisfaction of the Administrator that—
(A) the facility is fundamentally different with respect to the factors (other than cost)
specified in section 1314(b) or 1314(g) of this title and considered by the Administrator in
establishing such national effluent limitation guidelines or categorical pretreatment standards;
(B) the application—
(i) is based solely on information and supporting data submitted to the Administrator
during the rulemaking for establishment of the applicable national effluent limitation
guidelines or categorical pretreatment standard specifically raising the factors that are
fundamentally different for such facility; or
(ii) is based on information and supporting data referred to in clause (i) and information
and supporting data the applicant did not have a reasonable opportunity to submit during such
rulemaking;
(C) the alternative requirement is no less stringent than justified by the fundamental
difference; and
(D) the alternative requirement will not result in a non-water quality environmental impact
which is markedly more adverse than the impact considered by the Administrator in
establishing such national effluent limitation guideline or categorical pretreatment standard.
(2) Time limit for applications
An application for an alternative requirement which modifies the requirements of an effluent
limitation or pretreatment standard under this subsection must be submitted to the Administrator
within 180 days after the date on which such limitation or standard is established or revised, as the
case may be.
(3) Time limit for decision
The Administrator shall approve or deny by final agency action an application submitted under
this subsection within 180 days after the date such application is filed with the Administrator.
(4) Submission of information
The Administrator may allow an applicant under this subsection to submit information and
supporting data until the earlier of the date the application is approved or denied or the last day
that the Administrator has to approve or deny such application.
(5) Treatment of pending applications
For the purposes of this subsection, an application for an alternative requirement based on
fundamentally different factors which is pending on February 4, 1987, shall be treated as having
been submitted to the Administrator on the 180th day following February 4, 1987. The applicant
may amend the application to take into account the provisions of this subsection.
(6) Effect of submission of application
An application for an alternative requirement under this subsection shall not stay the applicant's
obligation to comply with the effluent limitation guideline or categorical pretreatment standard
which is the subject of the application.
(7) Effect of denial
If an application for an alternative requirement which modifies the requirements of an effluent
limitation or pretreatment standard under this subsection is denied by the Administrator, the
applicant must comply with such limitation or standard as established or revised, as the case may
be.
(8) Reports
By January 1, 1997, and January 1 of every odd-numbered year thereafter, the Administrator
shall submit to the Committee on Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a report on the status of
applications for alternative requirements which modify the requirements of effluent limitations
under section 1311 or 1314 of this title or any national categorical pretreatment standard under
section 1317(b) of this title filed before, on, or after February 4, 1987.
(o) Application fees
The Administrator shall prescribe and collect from each applicant fees reflecting the reasonable
administrative costs incurred in reviewing and processing applications for modifications submitted to
the Administrator pursuant to subsections (c), (g), (i), (k), (m), and (n) of this section, section
1314(d)(4) of this title, and section 1326(a) of this title. All amounts collected by the Administrator
under this subsection shall be deposited into a special fund of the Treasury entitled "Water Permits
and Related Services" which shall thereafter be available for appropriation to carry out activities of
the Environmental Protection Agency for which such fees were collected.
(p) Modified permit for coal remining operations
(1) In general
Subject to paragraphs (2) through (4) of this subsection, the Administrator, or the State in any
case which the State has an approved permit program under section 1342(b) of this title, may issue
a permit under section 1342 of this title which modifies the requirements of subsection (b)(2)(A)
of this section with respect to the pH level of any pre-existing discharge, and with respect to
pre-existing discharges of iron and manganese from the remined area of any coal remining
operation or with respect to the pH level or level of iron or manganese in any pre-existing
discharge affected by the remining operation. Such modified requirements shall apply the best
available technology economically achievable on a case-by-case basis, using best professional
judgment, to set specific numerical effluent limitations in each permit.
(2) Limitations
The Administrator or the State may only issue a permit pursuant to paragraph (1) if the
applicant demonstrates to the satisfaction of the Administrator or the State, as the case may be,
that the coal remining operation will result in the potential for improved water quality from the
remining operation but in no event shall such a permit allow the pH level of any discharge, and in
no event shall such a permit allow the discharges of iron and manganese, to exceed the levels
being discharged from the remined area before the coal remining operation begins. No discharge
from, or affected by, the remining operation shall exceed State water quality standards established
under section 1313 of this title.
(3) Definitions
For purposes of this subsection—
(A) Coal remining operation
The term "coal remining operation" means a coal mining operation which begins after
February 4, 1987 at a site on which coal mining was conducted before August 3, 1977.
(B) Remined area
The term "remined area" means only that area of any coal remining operation on which coal
mining was conducted before August 3, 1977.
(C) Pre-existing discharge
The term "pre-existing discharge" means any discharge at the time of permit application
under this subsection.
(4) Applicability of strip mining laws
Nothing in this subsection shall affect the application of the Surface Mining Control and
Reclamation Act of 1977 [30 U.S.C. 1201 et seq.] to any coal remining operation, including the
application of such Act to suspended solids.
(June 30, 1948, ch. 758, title III, §301, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 844;
amended Pub. L. 95–217, §§42–47, 53(c), Dec. 27, 1977, 91 Stat. 1582–1586, 1590; Pub. L. 97–117,
§§21, 22(a)–(d), Dec. 29, 1981, 95 Stat. 1631, 1632; Pub. L. 97–440, Jan. 8, 1983, 96 Stat. 2289;
Pub. L. 100–4, title III, §§301(a)–(e), 302(a)–(d), 303(a), (b)(1), (c)–(f), 304(a), 305, 306(a), (b),
307, Feb. 4, 1987, 101 Stat. 29–37; Pub. L. 100–688, title III, §3202(b), Nov. 18, 1988, 102 Stat.
4154; Pub. L. 103–431, §2, Oct. 31, 1994, 108 Stat. 4396; Pub. L. 104–66, title II, §2021(b), Dec.
21, 1995, 109 Stat. 727.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Surface Mining Control and Reclamation Act of 1977, referred to in subsec. (p)(4), is Pub. L. 95–87,
Aug. 3, 1977, 91 Stat. 445, as amended, which is classified generally to chapter 25 (§1201 et seq.) of Title 30,
Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out
under section 1201 of Title 30 and Tables.
AMENDMENTS
1995—Subsec. (n)(8). Pub. L. 104–66 substituted "By January 1, 1997, and January 1 of every
odd-numbered year thereafter, the Administrator shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and Infrastructure" for "Every 6 months after
February 4, 1987, the Administrator shall submit to the Committee on Environment and Public Works of the
Senate and the Committee on Public Works and Transportation".
1994—Subsec. (j)(1)(A). Pub. L. 103–431, §2(1), inserted before semicolon at end ", and except as
provided in paragraph (5)".
Subsec. (j)(5). Pub. L. 103–431, §2(2), added par. (5).
1988—Subsec. (f). Pub. L. 100–688 substituted ", any high-level radioactive waste, or any medical waste,"
for "or high-level radioactive waste".
1987—Subsec. (b)(2)(C). Pub. L. 100–4, §301(a), struck out "not later than July 1, 1984," before "with
respect" and inserted "as expeditiously as practicable but in no case later than three years after the date such
limitations are promulgated under section 1314(b) of this title, and in no case later than March 31, 1989" after
"of this paragraph".
Subsec. (b)(2)(D). Pub. L. 100–4, §301(b), substituted "as expeditiously as practicable, but in no case later
than three years after the date such limitations are promulgated under section 1314(b) of this title, and in no
case later than March 31, 1989" for "not later than three years after the date such limitations are established".
Subsec. (b)(2)(E). Pub. L. 100–4, §301(c), substituted "as expeditiously as practicable but in no case later
than three years after the date such limitations are promulgated under section 1314(b) of this title, and in no
case later than March 31, 1989, compliance with" for "not later than July 1, 1984,".
Subsec. (b)(2)(F). Pub. L. 100–4, §301(d), substituted "as expeditiously as practicable but in no case" for
"not" and "and in no case later than March 31, 1989" for "or not later than July 1, 1984, whichever is later, but
in no case later than July 1, 1987".
Subsec. (b)(3). Pub. L. 100–4, §301(e), added par. (3).
Subsec. (g)(1). Pub. L. 100–4, §302(a), substituted par. (1) for introductory provisions of former par. (1)
which read as follows: "The Administrator, with the concurrence of the State, shall modify the requirements
of subsection (b)(2)(A) of this section with respect to the discharge of any pollutant (other than pollutants
identified pursuant to section 1314(a)(4) of this title, toxic pollutants subject to section 1317(a) of this title,
and the thermal component of discharges) from any point source upon a showing by the owner or operator of
such point source satisfactory to the Administrator that—". Subpars (A) to (C) of former par. (1) were
redesignated as subpars. (A) to (C) of par. (2).
Subsec. (g)(2). Pub. L. 100–4, §302(a), (d)(2), inserted introductory provisions of par. (2), and by so doing,
redesignated subpars. (A) to (C) of former par. (1) as subpars. (A) to (C) of par. (2), realigned such subpars.
with subpar. (A) of par. (4), and redesignated former par. (2) as (3).
Subsec. (g)(3). Pub. L. 100–4, §302(a), (d)(1), redesignated former par. (2) as (3), inserted heading, and
aligned par. (3) with par. (4).
Subsec. (g)(4), (5). Pub. L. 100–4, §302(b), added pars. (4) and (5).
Subsec. (h). Pub. L. 100–4, §303(d)(2), (e), in closing provisions, inserted provision defining "primary or
equivalent treatment" for purposes of par. (9) and provisions placing limitations on issuance of permits for
discharge of pollutant into marine waters and saline estuarine waters and prohibiting issuance of permit for
discharge of pollutant into New York Bight Apex.
Subsec. (h)(2). Pub. L. 100–4, §303(a), substituted "the discharge of pollutants in accordance with such
modified requirements will not interfere, alone or in combination with pollutants from other sources," for
"such modified requirements will not interfere".
Subsec. (h)(3). Pub. L. 100–4, §303(b)(1), inserted ", and the scope of such monitoring is limited to include
only those scientific investigations which are necessary to study the effects of the proposed discharge" before
semicolon at end.
Subsec. (h)(6) to (9). Pub. L. 100–4, §303(c), (d)(1), added par. (6), redesignated former pars. (6) and (7) as
(7) and (8), respectively, substituted semicolon for period at end of par. (8), and added par. (9).
Subsec. (i)(1). Pub. L. 100–4, §304(a), substituted "February 4, 1987" for "December 27, 1977".
Subsec. (j)(1)(A). Pub. L. 100–4, §303(f), inserted before semicolon at end ", except that a publicly owned
treatment works which prior to December 31, 1982, had a contractual arrangement to use a portion of the
capacity of an ocean outfall operated by another publicly owned treatment works which has applied for or
received modification under subsection (h), may apply for a modification of subsection (h) in its own right not
later than 30 days after February 4, 1987".
Subsec. (j)(2). Pub. L. 100–4, §302(c)(1), substituted "Subject to paragraph (3) of this section, any" for
"Any".
Subsec. (j)(3), (4). Pub. L. 100–4, §302(c)(2), added pars. (3) and (4).
Subsec. (k). Pub. L. 100–4, §305, substituted "two years after the date for compliance with such effluent
limitation which would otherwise be applicable under such subsection" for "July 1, 1987" and inserted "or
(b)(2)(E)" after "(b)(2)(A)" in two places.
Subsec. (l). Pub. L. 100–4, §306(b), substituted "Other than as provided in subsection (n) of this section,
the" for "The".
Subsecs. (n), (o). Pub. L. 100–4, §306(a), added subsecs. (n) and (o).
Subsec. (p). Pub. L. 100–4, §307, added subsec. (p).
1983—Subsec. (m). Pub. L. 97–440 added subsec. (m).
1981—Subsec. (b)(2)(B). Pub. L. 97–117, §21(b), struck out subpar. (B) which required that, not later than
July 1, 1983, compliance by all publicly owned treatment works with the requirements in section
1281(g)(2)(A) of this title be achieved.
Subsec. (h). Pub. L. 97–117, §22(a) to (c), struck out in provision preceding par. (1) "in an existing
discharge" after "discharge of any pollutant", struck out par. (8), which required the applicant to demonstrate
to the satisfaction of the Administrator that any funds available to the owner of such treatment works under
subchapter II of this chapter be used to achieve the degree of effluent reduction required by section 1281(b)
and (g)(2)(A) of this title or to carry out the requirements of this subsection, and inserted in provision
following par. (7) a further provision that a municipality which applies secondary treatment be eligible to
receive a permit which modifies the requirements of subsec. (b)(1)(B) of this section with respect to the
discharge of any pollutant from any treatment works owned by such municipality into marine waters and that
no permit issued under this subsection authorize the discharge of sewage sludge into marine waters.
Subsec. (i)(1), (2)(B). Pub. L. 97–117, §21(a), substituted "July 1, 1988," for "July 1, 1983," wherever
appearing. Par. (2)(B) contained a reference to "July 1, 1983;" which was changed to "July 1, 1988;" as the
probable intent of Congress in that reference to July 1, 1983, was to the outside date for compliance for a point
source other than a publicly owned treatment works and subpar. (B) allows a time extension for such a point
source up to the date granted in an extension for a publicly owned treatment works, which date was extended
to July 1, 1988, by Pub. L. 97–117.
Subsec. (j)(1)(A). Pub. L. 97–117, §22(d), substituted "that the 365th day which begins after December 29,
1981" for "than 270 days after December 27, 1977".
1977—Subsec. (b)(2)(A). Pub. L. 95–217, §42(b), substituted "for pollutants identified in subparagraphs
(C), (D), and (F) of this paragraph" for "not later than July 1, 1983".
Subsec. (b)(2)(C) to (F). Pub. L. 95–217, §42(a), added subpars. (C) to (F).
Subsec. (g). Pub. L. 95–217, §43, added subsec. (g).
Subsec. (h). Pub. L. 95–217, §44, added subsec. (h).
Subsec. (i). Pub. L. 95–217, §45, added subsec. (i).
Subsec. (j). Pub. L. 95–217, §46, added subsec. (j).
Subsec. (k). Pub. L. 95–217, §47, added subsec. (k).
Subsec. (l). Pub. L. 95–217, §53(c), added subsec. (l).
EXECUTIVE DOCUMENTS
TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES
For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No.
7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.
EDITORIAL NOTES
AMENDMENTS
1987—Subsec. (a). Pub. L. 100–4, §308(e)(2), inserted "or as identified under section 1314(l) of this title"
after "Administrator" and "public health," after "protection of".
Subsec. (b). Pub. L. 100–4, §308(e)(1), amended subsec. (b) generally. Prior to amendment, subsec. (b)
read as follows:
"(1) Prior to establishment of any effluent limitation pursuant to subsection (a) of this section, the
Administrator shall issue notice of intent to establish such limitation and within ninety days of such notice
hold a public hearing to determine the relationship of the economic and social costs of achieving any such
limitation or limitations, including any economic or social dislocation in the affected community or
communities, to the social and economic benefits to be obtained (including the attainment of the objective of
this chapter) and to determine whether or not such effluent limitations can be implemented with available
technology or other alternative control strategies.
"(2) If a person affected by such limitation demonstrates at such hearing that (whether or not such
technology or other alternative control strategies are available) there is no reasonable relationship between the
economic and social costs and the benefits to be obtained (including attainment of the objective of this
chapter), such limitation shall not become effective and the Administrator shall adjust such limitation as it
applies to such person."
The Administrator shall promulgate any revised or new standard under this paragraph not later
than ninety days after he publishes such proposed standards, unless prior to such promulgation, such
State has adopted a revised or new water quality standard which the Administrator determines to be
in accordance with this chapter.
(d) Identification of areas with insufficient controls; maximum daily load; certain effluent
limitations revision
(1)(A) Each State shall identify those waters within its boundaries for which the effluent
limitations required by section 1311(b)(1)(A) and section 1311(b)(1)(B) of this title are not stringent
enough to implement any water quality standard applicable to such waters. The State shall establish a
priority ranking for such waters, taking into account the severity of the pollution and the uses to be
made of such waters.
(B) Each State shall identify those waters or parts thereof within its boundaries for which controls
on thermal discharges under section 1311 of this title are not stringent enough to assure protection
and propagation of a balanced indigenous population of shellfish, fish, and wildlife.
(C) Each State shall establish for the waters identified in paragraph (1)(A) of this subsection, and
in accordance with the priority ranking, the total maximum daily load, for those pollutants which the
Administrator identifies under section 1314(a)(2) of this title as suitable for such calculation. Such
load shall be established at a level necessary to implement the applicable water quality standards
with seasonal variations and a margin of safety which takes into account any lack of knowledge
concerning the relationship between effluent limitations and water quality.
(D) Each State shall estimate for the waters identified in paragraph (1)(B) of this subsection the
total maximum daily thermal load required to assure protection and propagation of a balanced,
indigenous population of shellfish, fish, and wildlife. Such estimates shall take into account the
normal water temperatures, flow rates, seasonal variations, existing sources of heat input, and the
dissipative capacity of the identified waters or parts thereof. Such estimates shall include a
calculation of the maximum heat input that can be made into each such part and shall include a
margin of safety which takes into account any lack of knowledge concerning the development of
thermal water quality criteria for such protection and propagation in the identified waters or parts
thereof.
(2) Each State shall submit to the Administrator from time to time, with the first such submission
not later than one hundred and eighty days after the date of publication of the first identification of
pollutants under section 1314(a)(2)(D) of this title, for his approval the waters identified and the
loads established under paragraphs (1)(A), (1)(B), (1)(C), and (1)(D) of this subsection. The
Administrator shall either approve or disapprove such identification and load not later than thirty
days after the date of submission. If the Administrator approves such identification and load, such
State shall incorporate them into its current plan under subsection (e) of this section. If the
Administrator disapproves such identification and load, he shall not later than thirty days after the
date of such disapproval identify such waters in such State and establish such loads for such waters
as he determines necessary to implement the water quality standards applicable to such waters and
upon such identification and establishment the State shall incorporate them into its current plan
under subsection (e) of this section.
(3) For the specific purpose of developing information, each State shall identify all waters within
its boundaries which it has not identified under paragraph (1)(A) and (1)(B) of this subsection and
estimate for such waters the total maximum daily load with seasonal variations and margins of
safety, for those pollutants which the Administrator identifies under section 1314(a)(2) of this title as
suitable for such calculation and for thermal discharges, at a level that would assure protection and
propagation of a balanced indigenous population of fish, shellfish, and wildlife.
(4) LIMITATIONS ON REVISION OF CERTAIN EFFLUENT LIMITATIONS.—
(A) STANDARD NOT ATTAINED.—For waters identified under paragraph (1)(A) where the
applicable water quality standard has not yet been attained, any effluent limitation based on a total
maximum daily load or other waste load allocation established under this section may be revised
only if (i) the cumulative effect of all such revised effluent limitations based on such total
maximum daily load or waste load allocation will assure the attainment of such water quality
standard, or (ii) the designated use which is not being attained is removed in accordance with
regulations established under this section.
(B) STANDARD ATTAINED.—For waters identified under paragraph (1)(A) where the
quality of such waters equals or exceeds levels necessary to protect the designated use for such
waters or otherwise required by applicable water quality standards, any effluent limitation based
on a total maximum daily load or other waste load allocation established under this section, or any
water quality standard established under this section, or any other permitting standard may be
revised only if such revision is subject to and consistent with the antidegradation policy
established under this section.
(e) Continuing planning process
(1) Each State shall have a continuing planning process approved under paragraph (2) of this
subsection which is consistent with this chapter.
(2) Each State shall submit not later than 120 days after October 18, 1972, to the Administrator for
his approval a proposed continuing planning process which is consistent with this chapter. Not later
than thirty days after the date of submission of such a process the Administrator shall either approve
or disapprove such process. The Administrator shall from time to time review each State's approved
planning process for the purpose of insuring that such planning process is at all times consistent with
this chapter. The Administrator shall not approve any State permit program under subchapter IV of
this chapter for any State which does not have an approved continuing planning process under this
section.
(3) The Administrator shall approve any continuing planning process submitted to him under this
section which will result in plans for all navigable waters within such State, which include, but are
not limited to, the following:
(A) effluent limitations and schedules of compliance at least as stringent as those required by
section 1311(b)(1), section 1311(b)(2), section 1316, and section 1317 of this title, and at least as
stringent as any requirements contained in any applicable water quality standard in effect under
authority of this section;
(B) the incorporation of all elements of any applicable area-wide waste management plans
under section 1288 of this title, and applicable basin plans under section 1289 of this title;
(C) total maximum daily load for pollutants in accordance with subsection (d) of this section;
(D) procedures for revision;
(E) adequate authority for intergovernmental cooperation;
(F) adequate implementation, including schedules of compliance, for revised or new water
quality standards, under subsection (c) of this section;
(G) controls over the disposition of all residual waste from any water treatment processing;
(H) an inventory and ranking, in order of priority, of needs for construction of waste treatment
works required to meet the applicable requirements of sections 1311 and 1312 of this title.
(f) Earlier compliance
Nothing in this section shall be construed to affect any effluent limitation, or schedule of
compliance required by any State to be implemented prior to the dates set forth in sections
1311(b)(1) and 1311(b)(2) of this title nor to preclude any State from requiring compliance with any
effluent limitation or schedule of compliance at dates earlier than such dates.
(g) Heat standards
Water quality standards relating to heat shall be consistent with the requirements of section 1326
of this title.
(h) Thermal water quality standards
For the purposes of this chapter the term "water quality standards" includes thermal water quality
standards.
(i) Coastal recreation water quality criteria
(1) Adoption by States
(A) Initial criteria and standards
Not later than 42 months after October 10, 2000, each State having coastal recreation waters
shall adopt and submit to the Administrator water quality criteria and standards for the coastal
recreation waters of the State for those pathogens and pathogen indicators for which the
Administrator has published criteria under section 1314(a) of this title.
(B) New or revised criteria and standards
Not later than 36 months after the date of publication by the Administrator of new or revised
water quality criteria under section 1314(a)(9) of this title, each State having coastal recreation
waters shall adopt and submit to the Administrator new or revised water quality standards for
the coastal recreation waters of the State for all pathogens and pathogen indicators to which the
new or revised water quality criteria are applicable.
(2) Failure of States to adopt
(A) In general
If a State fails to adopt water quality criteria and standards in accordance with paragraph
(1)(A) that are as protective of human health as the criteria for pathogens and pathogen
indicators for coastal recreation waters published by the Administrator, the Administrator shall
promptly propose regulations for the State setting forth revised or new water quality standards
for pathogens and pathogen indicators described in paragraph (1)(A) for coastal recreation
waters of the State.
(B) Exception
If the Administrator proposes regulations for a State described in subparagraph (A) under
subsection (c)(4)(B), the Administrator shall publish any revised or new standard under this
subsection not later than 42 months after October 10, 2000.
(3) Applicability
Except as expressly provided by this subsection, the requirements and procedures of subsection
(c) apply to this subsection, including the requirement in subsection (c)(2)(A) that the criteria
protect public health and welfare.
(June 30, 1948, ch. 758, title III, §303, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 846;
amended Pub. L. 100–4, title III, §308(d), title IV, §404(b), Feb. 4, 1987, 101 Stat. 39, 68; Pub. L.
106–284, §2, Oct. 10, 2000, 114 Stat. 870.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in subsecs. (a)(1), (2), (3)(B), (C) and (b)(1), means act June 30, 1948, ch. 758, 62
Stat. 1155, prior to the supersedure and reenactment of act June 30, 1948 by act Oct. 18, 1972, Pub. L.
92–500, 86 Stat. 816. Act June 30, 1948, ch. 758, as added by act Oct. 18, 1972, Pub. L. 92–500, 86 Stat. 816,
enacted this chapter.
AMENDMENTS
2000—Subsec. (i). Pub. L. 106–284 added subsec. (i).
1987—Subsec. (c)(2). Pub. L. 100–4, §308(d), designated existing provision as subpar. (A) and added
subpar. (B).
Subsec. (d)(4). Pub. L. 100–4, §404(b), added par. (4).
EDITORIAL NOTES
REFERENCES IN TEXT
The Federal Water Pollution Control Act, referred to in text, is act June 30, 1948, ch. 758, as amended
generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816. Title II of the Act is classified generally to
subchapter II (§1281 et seq.) of this chapter. For complete classification of this Act to the Code, see Short
Title note set out under section 1251 of this title and Tables.
CODIFICATION
Section was enacted as part of the Municipal Wastewater Treatment Construction Grant Amendments of
1981, and not as part of the Federal Water Pollution Control Act which comprises this chapter.
Such information and revisions thereof shall be published in the Federal Register and otherwise
made available to the public.
(g) Guidelines for pretreatment of pollutants
(1) For the purpose of assisting States in carrying out programs under section 1342 of this title, the
Administrator shall publish, within one hundred and twenty days after October 18, 1972, and review
at least annually thereafter and, if appropriate, revise guidelines for pretreatment of pollutants which
he determines are not susceptible to treatment by publicly owned treatment works. Guidelines under
this subsection shall be established to control and prevent the discharge into the navigable waters, the
contiguous zone, or the ocean (either directly or through publicly owned treatment works) of any
pollutant which interferes with, passes through, or otherwise is incompatible with such works.
(2) When publishing guidelines under this subsection, the Administrator shall designate the
category or categories of treatment works to which the guidelines shall apply.
(h) Test procedures guidelines
The Administrator shall, within one hundred and eighty days from October 18, 1972, promulgate
guidelines establishing test procedures for the analysis of pollutants that shall include the factors
which must be provided in any certification pursuant to section 1341 of this title or permit
application pursuant to section 1342 of this title.
(i) Guidelines for monitoring, reporting, enforcement, funding, personnel, and manpower
The Administrator shall (1) within sixty days after October 18, 1972, promulgate guidelines for
the purpose of establishing uniform application forms and other minimum requirements for the
acquisition of information from owners and operators of point-sources of discharge subject to any
State program under section 1342 of this title, and (2) within sixty days from October 18, 1972,
promulgate guidelines establishing the minimum procedural and other elements of any State program
under section 1342 of this title, which shall include:
(A) monitoring requirements;
(B) reporting requirements (including procedures to make information available to the public);
(C) enforcement provisions; and
(D) funding, personnel qualifications, and manpower requirements (including a requirement that
no board or body which approves permit applications or portions thereof shall include, as a
member, any person who receives, or has during the previous two years received, a significant
portion of his income directly or indirectly from permit holders or applicants for a permit).
(j) Lake restoration guidance manual
The Administrator shall, within 1 year after February 4, 1987, and biennially thereafter, publish
and disseminate a lake restoration guidance manual describing methods, procedures, and processes
to guide State and local efforts to improve, restore, and enhance water quality in the Nation's
publicly owned lakes.
(k) Agreements with Secretaries of Agriculture, Army, and the Interior to provide maximum
utilization of programs to achieve and maintain water quality; transfer of funds;
authorization of appropriations
(1) The Administrator shall enter into agreements with the Secretary of Agriculture, the Secretary
of the Army, and the Secretary of the Interior, and the heads of such other departments, agencies, and
instrumentalities of the United States as the Administrator determines, to provide for the maximum
utilization of other Federal laws and programs for the purpose of achieving and maintaining water
quality through appropriate implementation of plans approved under section 1288 of this title and
nonpoint source pollution management programs approved under section 1329 of this title.
(2) The Administrator is authorized to transfer to the Secretary of Agriculture, the Secretary of the
Army, and the Secretary of the Interior and the heads of such other departments, agencies, and
instrumentalities of the United States as the Administrator determines, any funds appropriated under
paragraph (3) of this subsection to supplement funds otherwise appropriated to programs authorized
pursuant to any agreement under paragraph (1).
(3) There is authorized to be appropriated to carry out the provisions of this subsection,
$100,000,000 per fiscal year for the fiscal years 1979 through 1983 and such sums as may be
necessary for fiscal years 1984 through 1990.
(l) Individual control strategies for toxic pollutants
(1) State list of navigable waters and development of strategies
Not later than 2 years after February 4, 1987, each State shall submit to the Administrator for
review, approval, and implementation under this subsection—
(A) a list of those waters within the State which after the application of effluent limitations
required under section 1311(b)(2) of this title cannot reasonably be anticipated to attain or
maintain (i) water quality standards for such waters reviewed, revised, or adopted in accordance
with section 1313(c)(2)(B) of this title, due to toxic pollutants, or (ii) that water quality which
shall assure protection of public health, public water supplies, agricultural and industrial uses,
and the protection and propagation of a balanced population of shellfish, fish and wildlife, and
allow recreational activities in and on the water;
(B) a list of all navigable waters in such State for which the State does not expect the
applicable standard under section 1313 of this title will be achieved after the requirements of
sections 1311(b), 1316, and 1317(b) of this title are met, due entirely or substantially to
discharges from point sources of any toxic pollutants listed pursuant to section 1317(a) of this
title;
(C) for each segment of the navigable waters included on such lists, a determination of the
specific point sources discharging any such toxic pollutant which is believed to be preventing or
impairing such water quality and the amount of each such toxic pollutant discharged by each
such source; and
(D) for each such segment, an individual control strategy which the State determines will
produce a reduction in the discharge of toxic pollutants from point sources identified by the
State under this paragraph through the establishment of effluent limitations under section 1342
of this title and water quality standards under section 1313(c)(2)(B) of this title, which reduction
is sufficient, in combination with existing controls on point and nonpoint sources of pollution,
to achieve the applicable water quality standard as soon as possible, but not later than 3 years
after the date of the establishment of such strategy.
(2) Approval or disapproval
Not later than 120 days after the last day of the 2-year period referred to in paragraph (1), the
Administrator shall approve or disapprove the control strategies submitted under paragraph (1) by
any State.
(3) Administrator's action
If a State fails to submit control strategies in accordance with paragraph (1) or the Administrator
does not approve the control strategies submitted by such State in accordance with paragraph (1),
then, not later than 1 year after the last day of the period referred to in paragraph (2), the
Administrator, in cooperation with such State and after notice and opportunity for public
comment, shall implement the requirements of paragraph (1) in such State. In the implementation
of such requirements, the Administrator shall, at a minimum, consider for listing under this
subsection any navigable waters for which any person submits a petition to the Administrator for
listing not later than 120 days after such last day.
(m) Schedule for review of guidelines
(1) Publication
Within 12 months after February 4, 1987, and biennially thereafter, the Administrator shall
publish in the Federal Register a plan which shall—
(A) establish a schedule for the annual review and revision of promulgated effluent
guidelines, in accordance with subsection (b) of this section;
(B) identify categories of sources discharging toxic or nonconventional pollutants for which
guidelines under subsection (b)(2) of this section and section 1316 of this title have not
previously been published; and
(C) establish a schedule for promulgation of effluent guidelines for categories identified in
subparagraph (B), under which promulgation of such guidelines shall be no later than 4 years
after February 4, 1987, for categories identified in the first published plan or 3 years after the
publication of the plan for categories identified in later published plans.
(2) Public review
The Administrator shall provide for public review and comment on the plan prior to final
publication.
(June 30, 1948, ch. 758, title III, §304, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 850;
amended Pub. L. 95–217, §§48–51, 62(b), Dec. 27, 1977, 91 Stat. 1587, 1588, 1598; Pub. L. 97–117,
§23, Dec. 29, 1981, 95 Stat. 1632; Pub. L. 100–4, title I, §101(f), title III, §§308(a), (c), (f), 315(c),
316(e), Feb. 4, 1987, 101 Stat. 9, 38–40, 52, 61; Pub. L. 106–284, §3(b), Oct. 10, 2000, 114 Stat.
871.)
EDITORIAL NOTES
CODIFICATION
Pub. L. 95–217, §50, Dec. 27, 1977, 91 Stat. 1588, provided in part that, upon the enactment of subsec. (e)
of this section by Pub. L. 95–217 and the concurrent redesignation of former subsecs. (e) to (j) of this section
as (f) to (k), respectively, all references to former subsecs. (e) to (j) be changed to (f) to (k), respectively.
AMENDMENTS
2000—Subsec. (a)(9). Pub. L. 106–284 added par. (9).
1987—Subsec. (a)(7), (8). Pub. L. 100–4, §308(c), added pars. (7) and (8).
Subsec. (j). Pub. L. 100–4, §315(c), amended subsec. (j) generally. Prior to amendment, subsec. (j) read as
follows: "The Administrator shall issue information biennially on methods, procedures, and processes as may
be appropriate to restore and enhance the quality of the Nation's publicly owned freshwater lakes."
Subsec. (k)(1). Pub. L. 100–4, §316(e), inserted "and nonpoint source pollution management programs
approved under section 1329 of this title" before period at end.
Subsec. (k)(3). Pub. L. 100–4, §101(f), inserted "and such sums as may be necessary for fiscal years 1984
through 1990" after "1983".
Subsec. (l). Pub. L. 100–4, §308(a), added subsec. (l).
Subsec. (m). Pub. L. 100–4, §308(f), added subsec. (m).
1981—Subsec. (d)(4). Pub. L. 97–117 added par. (4).
1977—Subsec. (a)(4) to (6). Pub. L. 95–217, §48(a), added pars. (4) to (6).
Subsec. (b)(4). Pub. L. 95–217, §48(b), added par. (4).
Subsec. (d)(3). Pub. L. 95–217, §49, added par. (3).
Subsecs. (e) to (i). Pub. L. 95–217, §50, added subsec. (e) and redesignated former subsecs. (e) to (h) as (f)
to (i), respectively. Former subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 95–217, §§50, 62(b), redesignated former subsec. (i) as (j) and substituted "shall issue
information biennially on methods" for "shall, within 270 days after October 18, 1972 (and from time to time
thereafter), issue such information on methods". Former subsec. (j) redesignated (k).
Subsec. (k). Pub. L. 95–217, §§50, 51, redesignated former subsec. (j) as (k), substituted "The
Administrator shall enter into agreements with the Secretary of Agriculture, the Secretary of the Army, and
the Secretary of the Interior, and the heads of such other departments, agencies, and instrumentalities of the
United States as the Administrator determines, to provide the maximum utilization of other Federal laws and
programs" for "The Administrator shall, within six months from October 18, 1972, enter into agreements with
the Secretary of Agriculture, the Secretary of the Army, and the Secretary of the Interior to provide for the
maximum utilization of the appropriate programs authorized under other Federal law to be carried out by such
Secretaries" in par. (1), made conforming amendments in par. (2), and in par. (3) authorized appropriations for
fiscal years 1979 through 1983.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve
lands and programs under jurisdiction of that Department, relating to compliance with this chapter with
respect to pre-construction, construction, and initial operation of transportation system for Canadian and
Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska
Natural Gas Transportation System, until the first anniversary of the date of initial operation of the Alaska
Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§102(f), 203(a), 44 F.R. 33663, 33666,
93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and
Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and
functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L.
102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce
and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal
Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.
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.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the America's Water Infrastructure Act of 2018, and not as part of the
Federal Water Pollution Control Act which comprises this chapter.
§1315. State reports on water quality
(a) Omitted
(b)(1) Each State shall prepare and submit to the Administrator by April 1, 1975, and shall bring
up to date by April 1, 1976, and biennially thereafter, a report which shall include—
(A) a description of the water quality of all navigable waters in such State during the preceding
year, with appropriate supplemental descriptions as shall be required to take into account seasonal,
tidal, and other variations, correlated with the quality of water required by the objective of this
chapter (as identified by the Administrator pursuant to criteria published under section 1314(a) of
this title) and the water quality described in subparagraph (B) of this paragraph;
(B) an analysis of the extent to which all navigable waters of such State provide for the
protection and propagation of a balanced population of shellfish, fish, and wildlife, and allow
recreational activities in and on the water;
(C) an analysis of the extent to which the elimination of the discharge of pollutants and a level
of water quality which provides for the protection and propagation of a balanced population of
shellfish, fish, and wildlife and allows recreational activities in and on the water, have been or will
be achieved by the requirements of this chapter, together with recommendations as to additional
action necessary to achieve such objectives and for what waters such additional action is
necessary;
(D) an estimate of (i) the environmental impact, (ii) the economic and social costs necessary to
achieve the objective of this chapter in such State, (iii) the economic and social benefits of such
achievement, and (iv) an estimate of the date of such achievement; and
(E) a description of the nature and extent of nonpoint sources of pollutants, and
recommendations as to the programs which must be undertaken to control each category of such
sources, including an estimate of the costs of implementing such programs.
(2) The Administrator shall transmit such State reports, together with an analysis thereof, to
Congress on or before October 1, 1975, and October 1, 1976, and biennially thereafter.
(June 30, 1948, ch. 758, title III, §305, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 853;
amended Pub. L. 95–217, §52, Dec. 27, 1977, 91 Stat. 1589.)
EDITORIAL NOTES
CODIFICATION
Subsec. (a) authorized the Administrator, in cooperation with the States and Federal agencies, to prepare a
report describing the specific quality, during 1973, of all navigable waters and waters of the contiguous zone,
including an inventory of all point sources of discharge of pollutants into these waters, and identifying those
navigable waters capable of supporting fish and wildlife populations and allowing recreational activities, those
which could reasonably be expected to attain this level by 1977 or 1983, and those which could attain this
level sooner, and submit this report to Congress on or before Jan. 1, 1974.
AMENDMENTS
1977—Subsec. (b)(1). Pub. L. 95–217, §52(1), substituted "April 1, 1975, and shall bring up to date by
April 1, 1976, and biennially thereafter" for "January 1, 1975, and shall bring up to date each year thereafter"
in provisions preceding subpar. (A).
Subsec. (b)(2). Pub. L. 95–217, §52(2), substituted "on or before October 1, 1975, and October 1, 1976, and
biennially thereafter" for "on or before October 1, 1975, and annually thereafter".
(B) As soon as practicable, but in no case more than one year, after a category of sources is
included in a list under subparagraph (A) of this paragraph, the Administrator shall propose and
publish regulations establishing Federal standards of performance for new sources within such
category. The Administrator shall afford interested persons an opportunity for written comment on
such proposed regulations. After considering such comments, he shall promulgate, within one
hundred and twenty days after publication of such proposed regulations, such standards with such
adjustments as he deems appropriate. The Administrator shall, from time to time, as technology and
alternatives change, revise such standards following the procedure required by this subsection for
promulgation of such standards. Standards of performance, or revisions thereof, shall become
effective upon promulgation. In establishing or revising Federal standards of performance for new
sources under this section, the Administrator shall take into consideration the cost of achieving such
effluent reduction, and any non-water quality, environmental impact and energy requirements.
(2) The Administrator may distinguish among classes, types, and sizes within categories of new
sources for the purpose of establishing such standards and shall consider the type of process
employed (including whether batch or continuous).
(3) The provisions of this section shall apply to any new source owned or operated by the United
States.
(c) State enforcement of standards of performance
Each State may develop and submit to the Administrator a procedure under State law for applying
and enforcing standards of performance for new sources located in such State. If the Administrator
finds that the procedure and the law of any State require the application and enforcement of
standards of performance to at least the same extent as required by this section, such State is
authorized to apply and enforce such standards of performance (except with respect to new sources
owned or operated by the United States).
(d) Protection from more stringent standards
Notwithstanding any other provision of this chapter, any point source the construction of which is
commenced after October 18, 1972, and which is so constructed as to meet all applicable standards
of performance shall not be subject to any more stringent standard of performance during a ten-year
period beginning on the date of completion of such construction or during the period of depreciation
or amortization of such facility for the purposes of section 167 or 169 (or both) of title 26 whichever
period ends first.
(e) Illegality of operation of new sources in violation of applicable standards of performance
After the effective date of standards of performance promulgated under this section, it shall be
unlawful for any owner or operator of any new source to operate such source in violation of any
standard of performance applicable to such source.
(June 30, 1948, ch. 758, title III, §306, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 854.)
EDITORIAL NOTES
AMENDMENTS
1987—Subsec. (e). Pub. L. 100–4 added subsec. (e).
1977—Subsec. (a)(1). Pub. L. 95–217, §53(a), substituted "On and after December 27, 1977, the list of
toxic pollutants or combination of pollutants subject to this chapter shall consist of those toxic pollutants listed
in table 1 of Committee Print Numbered 95–30 of the Committee on Public Works and Transportation of the
House of Representatives, and the Administrator shall publish, not later than the thirtieth day after December
27, 1977, that list" for "The Administrator shall, within ninety days after October 18, 1972, publish (and from
time to time thereafter revise) a list which includes any toxic pollutant or combination of such pollutants for
which an effluent standard (which may include a prohibition of the discharge of such pollutants or
combination of such pollutants) will be established under this section" and inserted provision for the revision
of the list and for the finality of the Administrator's determination except when that determination is arbitrary
and capricious.
Subsec. (a)(2). Pub. L. 95–217, §53(a), expanded provisions covering effluent limitations and the
establishment of effluent standards (or prohibitions), introduced provisions relating to the application of the
best available technology economically achievable for the applicable category or class of point sources
established in accordance with sections 1311(b)(2)(A) and 1314(b)(2) of this title, inserted provision that
published effluent standards take into account the extent to which effective control is being or may be
achieved under other regulatory authority, inserted provision for a sixty day minimum period following
publication of proposed effluent standards for written comment, substituted two hundred and seventy days for
six months as the period following publication of proposed standards during which period standards (or
prohibitions) must be promulgated, and inserted provision for the finality of effluent limitations (or
prohibitions) except if, on judicial review, the standard was not based on substantial evidence.
Subsec. (a)(3). Pub. L. 95–217, §53(a), struck out provision for the immediate promulgation of revised
effluent standards (or prohibitions) for pollutants or combinations of pollutants if, after public hearings, the
Administrator found that a modification of such proposed standards (or prohibitions) was justified. See
subsec. (a)(2) of this section.
Subsec. (a)(6). Pub. L. 95–217, §53(b), inserted provision that if the Administrator determines that
compliance with effluent standards (or prohibitions) within one year from the date of promulgation is
technologically infeasible for a category of sources, the Administrator may establish the effective date of the
effluent standard (or prohibition) for that category at the earliest date upon which compliance can be feasibly
attained by sources within such category, but in no event more than three years after the date of such
promulgation.
Subsec. (b)(1). Pub. L. 95–217, §54(a), inserted provision that if, in the case of any toxic pollutant under
subsection (a) of this section introduced by a source into a publicly owned treatment works, the treatment by
the works removes all or any part of the toxic pollutant and the discharge from the works does not violate that
effluent limitation or standard which would be applicable to the toxic pollutant if it were discharged by the
source other than through a publicly owned treatment works, and does not prevent sludge use or disposal by
the works in accordance with section 1345 of this title, then the pretreatment requirements for the sources
actually discharging the toxic pollutant into the publicly owned treatment works may be revised by the owner
or operator of the works to reflect the removal of the toxic pollutant by the works.
EDITORIAL NOTES
AMENDMENTS
1987—Subsec. (a). Pub. L. 100–4, §406(d)(1), substituted "1345, and 1364" for "and 1364" in cl. (4).
Subsec. (a)(B). Pub. L. 100–4, §310(a)(2), inserted "(including an authorized contractor acting as a
representative of the Administrator)" after "representative".
Subsec. (b). Pub. L. 100–4, §310(a)(1), substituted a period and "Any authorized representative of the
Administrator (including an authorized contractor acting as a representative of the Administrator) who
knowingly or willfully publishes, divulges, discloses, or makes known in any manner or to any extent not
authorized by law any information which is required to be considered confidential under this subsection shall
be fined not more than $1,000 or imprisoned not more than 1 year, or both. Nothing in this subsection shall
prohibit the Administrator or an authorized representative of the Administrator (including any authorized
contractor acting as a representative of the Administrator) from disclosing records, reports, or information to
other officers, employees, or authorized representatives of the United States concerned with carrying out this
chapter or when relevant in any proceeding under this chapter." for ", except that such record, report, or
information may be disclosed to other officers, employees, or authorized representatives of the United States
concerned with carrying out this chapter or when relevant in any proceeding under this chapter."
Subsec. (d). Pub. L. 100–4, §310(b), added subsec. (d).
1977—Subsec. (a)(4). Pub. L. 95–217 inserted "1344 (relating to State permit programs)," after "sections
1315, 1321, 1342," in provisions preceding subpar. (A).
§1319. Enforcement
(a) State enforcement; compliance orders
(1) Whenever, on the basis of any information available to him, the Administrator finds that any
person is in violation of any condition or limitation which implements section 1311, 1312, 1316,
1317, 1318, 1328, or 1345 of this title in a permit issued by a State under an approved permit
program under section 1342 or 1344 of this title he shall proceed under his authority in paragraph (3)
of this subsection or he shall notify the person in alleged violation and such State of such finding. If
beyond the thirtieth day after the Administrator's notification the State has not commenced
appropriate enforcement action, the Administrator shall issue an order requiring such person to
comply with such condition or limitation or shall bring a civil action in accordance with subsection
(b) of this section.
(2) Whenever, on the basis of information available to him, the Administrator finds that violations
of permit conditions or limitations as set forth in paragraph (1) of this subsection are so widespread
that such violations appear to result from a failure of the State to enforce such permit conditions or
limitations effectively, he shall so notify the State. If the Administrator finds such failure extends
beyond the thirtieth day after such notice, he shall give public notice of such finding. During the
period beginning with such public notice and ending when such State satisfies the Administrator that
it will enforce such conditions and limitations (hereafter referred to in this section as the period of
"federally assumed enforcement"), except where an extension has been granted under paragraph
(5)(B) of this subsection, the Administrator shall enforce any permit condition or limitation with
respect to any person—
(A) by issuing an order to comply with such condition or limitation, or
(B) by bringing a civil action under subsection (b) of this section.
(3) Whenever on the basis of any information available to him the Administrator finds that any
person is in violation of section 1311, 1312, 1316, 1317, 1318, 1322(p), 1328, or 1345 of this title, or
is in violation of any permit condition or limitation implementing any of such sections in a permit
issued under section 1342 of this title by him or by a State or in a permit issued under section 1344
of this title by a State, he shall issue an order requiring such person to comply with such section or
requirement, or he shall bring a civil action in accordance with subsection (b) of this section.
(4) A copy of any order issued under this subsection shall be sent immediately by the
Administrator to the State in which the violation occurs and other affected States. In any case in
which an order under this subsection (or notice to a violator under paragraph (1) of this subsection) is
issued to a corporation, a copy of such order (or notice) shall be served on any appropriate corporate
officers. An order issued under this subsection relating to a violation of section 1318 of this title shall
not take effect until the person to whom it is issued has had an opportunity to confer with the
Administrator concerning the alleged violation.
(5)(A) Any order issued under this subsection shall be by personal service, shall state with
reasonable specificity the nature of the violation, and shall specify a time for compliance not to
exceed thirty days in the case of a violation of an interim compliance schedule or operation and
maintenance requirement and not to exceed a time the Administrator determines to be reasonable in
the case of a violation of a final deadline, taking into account the seriousness of the violation and any
good faith efforts to comply with applicable requirements.
(B) The Administrator may, if he determines (i) that any person who is a violator of, or any person
who is otherwise not in compliance with, the time requirements under this chapter or in any permit
issued under this chapter, has acted in good faith, and has made a commitment (in the form of
contracts or other securities) of necessary resources to achieve compliance by the earliest possible
date after July 1, 1977, but not later than April 1, 1979; (ii) that any extension under this provision
will not result in the imposition of any additional controls on any other point or nonpoint source; (iii)
that an application for a permit under section 1342 of this title was filed for such person prior to
December 31, 1974; and (iv) that the facilities necessary for compliance with such requirements are
under construction, grant an extension of the date referred to in section 1311(b)(1)(A) of this title to
a date which will achieve compliance at the earliest time possible but not later than April 1, 1979.
(6) Whenever, on the basis of information available to him, the Administrator finds (A) that any
person is in violation of section 1311(b)(1)(A) or (C) of this title, (B) that such person cannot meet
the requirements for a time extension under section 1311(i)(2) of this title, and (C) that the most
expeditious and appropriate means of compliance with this chapter by such person is to discharge
into a publicly owned treatment works, then, upon request of such person, the Administrator may
issue an order requiring such person to comply with this chapter at the earliest date practicable, but
not later than July 1, 1983, by discharging into a publicly owned treatment works if such works
concur with such order. Such order shall include a schedule of compliance.
(b) Civil actions
The Administrator is authorized to commence a civil action for appropriate relief, including a
permanent or temporary injunction, for any violation for which he is authorized to issue a
compliance order under subsection (a) of this section. Any action under this subsection may be
brought in the district court of the United States for the district in which the defendant is located or
resides or is doing business, and such court shall have jurisdiction to restrain such violation and to
require compliance. Notice of the commencement of such action shall be given immediately to the
appropriate State.
(c) Criminal penalties
(1) Negligent violations
Any person who—
(A) negligently violates section 1311, 1312, 1316, 1317, 1318, 1321(b)(3), 1322(p), 1328, or
1345 of this title, or any permit condition or limitation implementing any of such sections in a
permit issued under section 1342 of this title by the Administrator or by a State, or any
requirement imposed in a pretreatment program approved under section 1342(a)(3) or
1342(b)(8) of this title or in a permit issued under section 1344 of this title by the Secretary of
the Army or by a State; or
(B) negligently introduces into a sewer system or into a publicly owned treatment works any
pollutant or hazardous substance which such person knew or reasonably should have known
could cause personal injury or property damage or, other than in compliance with all applicable
Federal, State, or local requirements or permits, which causes such treatment works to violate
any effluent limitation or condition in any permit issued to the treatment works under section
1342 of this title by the Administrator or a State;
shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation, or
by imprisonment for not more than 1 year, or by both. If a conviction of a person is for a violation
committed after a first conviction of such person under this paragraph, punishment shall be by a
fine of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years,
or by both.
(2) Knowing violations
Any person who—
(A) knowingly violates section 1311, 1312, 1316, 1317, 1318, 1321(b)(3), 1322(p), 1328, or
1345 of this title, or any permit condition or limitation implementing any of such sections in a
permit issued under section 1342 of this title by the Administrator or by a State, or any
requirement imposed in a pretreatment program approved under section 1342(a)(3) or
1342(b)(8) of this title or in a permit issued under section 1344 of this title by the Secretary of
the Army or by a State; or
(B) knowingly introduces into a sewer system or into a publicly owned treatment works any
pollutant or hazardous substance which such person knew or reasonably should have known
could cause personal injury or property damage or, other than in compliance with all applicable
Federal, State, or local requirements or permits, which causes such treatment works to violate
any effluent limitation or condition in a permit issued to the treatment works under section 1342
of this title by the Administrator or a State;
shall be punished by a fine of not less than $5,000 nor more than $50,000 per day of violation, or
by imprisonment for not more than 3 years, or by both. If a conviction of a person is for a
violation committed after a first conviction of such person under this paragraph, punishment shall
be by a fine of not more than $100,000 per day of violation, or by imprisonment of not more than
6 years, or by both.
(3) Knowing endangerment
(A) General rule
Any person who knowingly violates section 1311, 1312, 1313, 1316, 1317, 1318, 1321(b)(3),
1322(p), 1328, or 1345 of this title, or any permit condition or limitation implementing any of
such sections in a permit issued under section 1342 of this title by the Administrator or by a
State, or in a permit issued under section 1344 of this title by the Secretary of the Army or by a
State, and who knows at that time that he thereby places another person in imminent danger of
death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than
$250,000 or imprisonment of not more than 15 years, or both. A person which is an
organization shall, upon conviction of violating this subparagraph, be subject to a fine of not
more than $1,000,000. If a conviction of a person is for a violation committed after a first
conviction of such person under this paragraph, the maximum punishment shall be doubled with
respect to both fine and imprisonment.
(B) Additional provisions
For the purpose of subparagraph (A) of this paragraph—
(i) in determining whether a defendant who is an individual knew that his conduct placed
another person in imminent danger of death or serious bodily injury—
(I) the person is responsible only for actual awareness or actual belief that he possessed;
and
(II) knowledge possessed by a person other than the defendant but not by the defendant
himself may not be attributed to the defendant;
except that in proving the defendant's possession of actual knowledge, circumstantial evidence
may be used, including evidence that the defendant took affirmative steps to shield himself
from relevant information;
(ii) it is an affirmative defense to prosecution that the conduct charged was consented to by
the person endangered and that the danger and conduct charged were reasonably foreseeable
hazards of—
(I) an occupation, a business, or a profession; or
(II) medical treatment or medical or scientific experimentation conducted by
professionally approved methods and such other person had been made aware of the risks
involved prior to giving consent;
and such defense may be established under this subparagraph by a preponderance of the
evidence;
(iii) the term "organization" means a legal entity, other than a government, established or
organized for any purpose, and such term includes a corporation, company, association, firm,
partnership, joint stock company, foundation, institution, trust, society, union, or any other
association of persons; and
(iv) the term "serious bodily injury" means bodily injury which involves a substantial risk
of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or
protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
(4) False statements
Any person who knowingly makes any false material statement, representation, or certification
in any application, record, report, plan, or other document filed or required to be maintained under
this chapter or who knowingly falsifies, tampers with, or renders inaccurate any monitoring device
or method required to be maintained under this chapter, shall upon conviction, be punished by a
fine of not more than $10,000, or by imprisonment for not more than 2 years, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person under
this paragraph, punishment shall be by a fine of not more than $20,000 per day of violation, or by
imprisonment of not more than 4 years, or by both.
(5) Treatment of single operational upset
For purposes of this subsection, a single operational upset which leads to simultaneous
violations of more than one pollutant parameter shall be treated as a single violation.
(6) Responsible corporate officer as "person"
For the purpose of this subsection, the term "person" means, in addition to the definition
contained in section 1362(5) of this title, any responsible corporate officer.
(7) Hazardous substance defined
For the purpose of this subsection, the term "hazardous substance" means (A) any substance
designated pursuant to section 1321(b)(2)(A) of this title, (B) any element, compound, mixture,
solution, or substance designated pursuant to section 9602 of title 42, (C) any hazardous waste
having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste
Disposal Act [42 U.S.C. 6921] (but not including any waste the regulation of which under the
Solid Waste Disposal Act [42 U.S.C. 6901 et seq.] has been suspended by Act of Congress), (D)
any toxic pollutant listed under section 1317(a) of this title, and (E) any imminently hazardous
chemical substance or mixture with respect to which the Administrator has taken action pursuant
to section 2606 of title 15.
(d) Civil penalties; factors considered in determining amount
Any person who violates section 1311, 1312, 1316, 1317, 1318, 1322(p), 1328,,1 or 1345 of this
title, or any permit condition or limitation implementing any of such sections in a permit issued
under section 1342 of this title by the Administrator, or by a State, or in a permit issued under section
1344 of this title by a State, or any requirement imposed in a pretreatment program approved under
section 1342(a)(3) or 1342(b)(8) of this title, and any person who violates any order issued by the
Administrator under subsection (a) of this section, shall be subject to a civil penalty not to exceed
$25,000 per day for each violation. In determining the amount of a civil penalty the court shall
consider the seriousness of the violation or violations, the economic benefit (if any) resulting from
the violation, any history of such violations, any good-faith efforts to comply with the applicable
requirements, the economic impact of the penalty on the violator, and such other matters as justice
may require. For purposes of this subsection, a single operational upset which leads to simultaneous
violations of more than one pollutant parameter shall be treated as a single violation.
(e) State liability for judgments and expenses
Whenever a municipality is a party to a civil action brought by the United States under this
section, the State in which such municipality is located shall be joined as a party. Such State shall be
liable for payment of any judgment, or any expenses incurred as a result of complying with any
judgment, entered against the municipality in such action to the extent that the laws of that State
prevent the municipality from raising revenues needed to comply with such judgment.
(f) Wrongful introduction of pollutant into treatment works
Whenever, on the basis of any information available to him, the Administrator finds that an owner
or operator of any source is introducing a pollutant into a treatment works in violation of subsection
(d) of section 1317 of this title, the Administrator may notify the owner or operator of such treatment
works and the State of such violation. If the owner or operator of the treatment works does not
commence appropriate enforcement action within 30 days of the date of such notification, the
Administrator may commence a civil action for appropriate relief, including but not limited to, a
permanent or temporary injunction, against the owner or operator of such treatment works. In any
such civil action the Administrator shall join the owner or operator of such source as a party to the
action. Such action shall be brought in the district court of the United States in the district in which
the treatment works is located. Such court shall have jurisdiction to restrain such violation and to
require the owner or operator of the treatment works and the owner or operator of the source to take
such action as may be necessary to come into compliance with this chapter. Notice of
commencement of any such action shall be given to the State. Nothing in this subsection shall be
construed to limit or prohibit any other authority the Administrator may have under this chapter.
(g) Administrative penalties
(1) Violations
Whenever on the basis of any information available—
(A) the Administrator finds that any person has violated section 1311, 1312, 1316, 1317,
1318, 1322(p), 1328, or 1345 of this title, or has violated any permit condition or limitation
implementing any of such sections in a permit issued under section 1342 of this title by the
Administrator or by a State, or in a permit issued under section 1344 of this title by a State, or
(B) the Secretary of the Army (hereinafter in this subsection referred to as the "Secretary")
finds that any person has violated any permit condition or limitation in a permit issued under
section 1344 of this title by the Secretary,
the Administrator or Secretary, as the case may be, may, after consultation with the State in which
the violation occurs, assess a class I civil penalty or a class II civil penalty under this subsection.
(2) Classes of penalties
(A) Class I
The amount of a class I civil penalty under paragraph (1) may not exceed $10,000 per
violation, except that the maximum amount of any class I civil penalty under this subparagraph
shall not exceed $25,000. Before issuing an order assessing a civil penalty under this
subparagraph, the Administrator or the Secretary, as the case may be, shall give to the person to
be assessed such penalty written notice of the Administrator's or Secretary's proposal to issue
such order and the opportunity to request, within 30 days of the date the notice is received by
such person, a hearing on the proposed order. Such hearing shall not be subject to section 554 or
556 of title 5, but shall provide a reasonable opportunity to be heard and to present evidence.
(B) Class II
The amount of a class II civil penalty under paragraph (1) may not exceed $10,000 per day
for each day during which the violation continues; except that the maximum amount of any
class II civil penalty under this subparagraph shall not exceed $125,000. Except as otherwise
provided in this subsection, a class II civil penalty shall be assessed and collected in the same
manner, and subject to the same provisions, as in the case of civil penalties assessed and
collected after notice and opportunity for a hearing on the record in accordance with section 554
of title 5. The Administrator and the Secretary may issue rules for discovery procedures for
hearings under this subparagraph.
(3) Determining amount
In determining the amount of any penalty assessed under this subsection, the Administrator or
the Secretary, as the case may be, shall take into account the nature, circumstances, extent and
gravity of the violation, or violations, and, with respect to the violator, ability to pay, any prior
history of such violations, the degree of culpability, economic benefit or savings (if any) resulting
from the violation, and such other matters as justice may require. For purposes of this subsection,
a single operational upset which leads to simultaneous violations of more than one pollutant
parameter shall be treated as a single violation.
(4) Rights of interested persons
(A) Public notice
Before issuing an order assessing a civil penalty under this subsection the Administrator or
Secretary, as the case may be, shall provide public notice of and reasonable opportunity to
comment on the proposed issuance of such order.
(B) Presentation of evidence
Any person who comments on a proposed assessment of a penalty under this subsection shall
be given notice of any hearing held under this subsection and of the order assessing such
penalty. In any hearing held under this subsection, such person shall have a reasonable
opportunity to be heard and to present evidence.
(C) Rights of interested persons to a hearing
If no hearing is held under paragraph (2) before issuance of an order assessing a penalty
under this subsection, any person who commented on the proposed assessment may petition,
within 30 days after the issuance of such order, the Administrator or Secretary, as the case may
be, to set aside such order and to provide a hearing on the penalty. If the evidence presented by
the petitioner in support of the petition is material and was not considered in the issuance of the
order, the Administrator or Secretary shall immediately set aside such order and provide a
hearing in accordance with paragraph (2)(A) in the case of a class I civil penalty and paragraph
(2)(B) in the case of a class II civil penalty. If the Administrator or Secretary denies a hearing
under this subparagraph, the Administrator or Secretary shall provide to the petitioner, and
publish in the Federal Register, notice of and the reasons for such denial.
(5) Finality of order
An order issued under this subsection shall become final 30 days after its issuance unless a
petition for judicial review is filed under paragraph (8) or a hearing is requested under paragraph
(4)(C). If such a hearing is denied, such order shall become final 30 days after such denial.
(6) Effect of order
(A) Limitation on actions under other sections
Action taken by the Administrator or the Secretary, as the case may be, under this subsection
shall not affect or limit the Administrator's or Secretary's authority to enforce any provision of
this chapter; except that any violation—
(i) with respect to which the Administrator or the Secretary has commenced and is
diligently prosecuting an action under this subsection,
(ii) with respect to which a State has commenced and is diligently prosecuting an action
under a State law comparable to this subsection, or
(iii) for which the Administrator, the Secretary, or the State has issued a final order not
subject to further judicial review and the violator has paid a penalty assessed under this
subsection, or such comparable State law, as the case may be,
shall not be the subject of a civil penalty action under subsection (d) of this section or section
1321(b) of this title or section 1365 of this title.
(B) Applicability of limitation with respect to citizen suits
The limitations contained in subparagraph (A) on civil penalty actions under section 1365 of
this title shall not apply with respect to any violation for which—
(i) a civil action under section 1365(a)(1) of this title has been filed prior to
commencement of an action under this subsection, or
(ii) notice of an alleged violation of section 1365(a)(1) of this title has been given in
accordance with section 1365(b)(1)(A) of this title prior to commencement of an action under
this subsection and an action under section 1365(a)(1) of this title with respect to such alleged
violation is filed before the 120th day after the date on which such notice is given.
(7) Effect of action on compliance
No action by the Administrator or the Secretary under this subsection shall affect any person's
obligation to comply with any section of this chapter or with the terms and conditions of any
permit issued pursuant to section 1342 or 1344 of this title.
(8) Judicial review
Any person against whom a civil penalty is assessed under this subsection or who commented
on the proposed assessment of such penalty in accordance with paragraph (4) may obtain review
of such assessment—
(A) in the case of assessment of a class I civil penalty, in the United States District Court for
the District of Columbia or in the district in which the violation is alleged to have occurred, or
(B) in the case of assessment of a class II civil penalty, in United States Court of Appeals for
the District of Columbia Circuit or for any other circuit in which such person resides or
transacts business,
by filing a notice of appeal in such court within the 30-day period beginning on the date the civil
penalty order is issued and by simultaneously sending a copy of such notice by certified mail to
the Administrator or the Secretary, as the case may be, and the Attorney General. The
Administrator or the Secretary shall promptly file in such court a certified copy of the record on
which the order was issued. Such court shall not set aside or remand such order unless there is not
substantial evidence in the record, taken as a whole, to support the finding of a violation or unless
the Administrator's or Secretary's assessment of the penalty constitutes an abuse of discretion and
shall not impose additional civil penalties for the same violation unless the Administrator's or
Secretary's assessment of the penalty constitutes an abuse of discretion.
(9) Collection
If any person fails to pay an assessment of a civil penalty—
(A) after the order making the assessment has become final, or
(B) after a court in an action brought under paragraph (8) has entered a final judgment in
favor of the Administrator or the Secretary, as the case may be,
the Administrator or the Secretary shall request the Attorney General to bring a civil action in an
appropriate district court to recover the amount assessed (plus interest at currently prevailing rates
from the date of the final order or the date of the final judgment, as the case may be). In such an
action, the validity, amount, and appropriateness of such penalty shall not be subject to review.
Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as
described in the first sentence of this paragraph shall be required to pay, in addition to such
amount and interest, attorneys fees and costs for collection proceedings and a quarterly
nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment
penalty shall be in an amount equal to 20 percent of the aggregate amount of such person's
penalties and nonpayment penalties which are unpaid as of the beginning of such quarter.
(10) Subpoenas
The Administrator or Secretary, as the case may be, may issue subpoenas for the attendance and
testimony of witnesses and the production of relevant papers, books, or documents in connection
with hearings under this subsection. In case of contumacy or refusal to obey a subpoena issued
pursuant to this paragraph and served upon any person, the district court of the United States for
any district in which such person is found, resides, or transacts business, upon application by the
United States and after notice to such person, shall have jurisdiction to issue an order requiring
such person to appear and give testimony before the administrative law judge or to appear and
produce documents before the administrative law judge, or both, and any failure to obey such
order of the court may be punished by such court as a contempt thereof.
(11) Protection of existing procedures
Nothing in this subsection shall change the procedures existing on the day before February 4,
1987, under other subsections of this section for issuance and enforcement of orders by the
Administrator.
(h) Implementation of integrated plans
(1) In general
In conjunction with an enforcement action under subsection (a) or (b) relating to municipal
discharges, the Administrator shall inform a municipality of the opportunity to develop an
integrated plan, as defined in section 1342(s) of this title.
(2) Modification
Any municipality under an administrative order under subsection (a) or settlement agreement
(including a judicial consent decree) under subsection (b) that has developed an integrated plan
consistent with section 1342(s) of this title may request a modification of the administrative order
or settlement agreement based on that integrated plan.
(June 30, 1948, ch. 758, title III, §309, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 859;
amended Pub. L. 95–217, §§54(b), 55, 56, 67(c)(2), Dec. 27, 1977, 91 Stat. 1591, 1592, 1606; Pub.
L. 100–4, title III, §§312, 313(a)(1), (b)(1), (c), 314(a), Feb. 4, 1987, 101 Stat. 42, 45, 46; Pub. L.
101–380, title IV, §4301(c), Aug. 18, 1990, 104 Stat. 537; Pub. L. 115–282, title IX, §903(c)(2),
Dec. 4, 2018, 132 Stat. 4356; Pub. L. 115–436, §3(b), Jan. 14, 2019, 132 Stat. 5560.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Solid Waste Disposal Act, referred to in subsec. (c)(7), is title II of Pub. L. 89–272, Oct. 20, 1965, 79
Stat. 997, as amended generally by Pub. L. 94–580, §2, Oct. 21, 1976, 90 Stat. 2795, which is classified
generally to chapter 82 (§6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables.
AMENDMENTS
2019—Subsec. (h). Pub. L. 115–436 added subsec. (h).
2018—Subsec. (a)(3). Pub. L. 115–282, §903(c)(2)(A), substituted "1322(p), 1328" for "1328".
Subsec. (c)(1)(A), (2)(A), (3)(A). Pub. L. 115–282, §903(c)(2)(B), substituted "1322(p), 1328" for "1328".
Subsec. (d). Pub. L. 115–282, §903(c)(2)(C), substituted "1322(p), 1328," for "1328" and "State," for
"State,,".
Subsec. (g)(1)(A). Pub. L. 115–282, §903(c)(2)(D), substituted "1322(p), 1328" for "1328".
1990—Subsec. (c)(1)(A), (2)(A), (3)(A). Pub. L. 101–380 inserted "1321(b)(3)," after "1318,".
1987—Subsec. (c). Pub. L. 100–4, §312, amended subsec. (c) generally, revising provisions of par. (1),
adding pars. (2), (3), (5), and (7), redesignating former pars. (2) and (4) as (3) and (6), respectively, and
revising provisions of redesignated par. (4).
Subsec. (d). Pub. L. 100–4, §313(a)(1), inserted ", or any requirement imposed in a pretreatment program
approved under section 1342(a)(3) or 1342(b)(8) of this title," after second reference to "State,".
Pub. L. 100–4, §313(b)(1), substituted "$25,000 per day for each violation" for "$10,000 per day of such
violation".
Pub. L. 100–4, §313(c), inserted at end "In determining the amount of a civil penalty the court shall
consider the seriousness of the violation or violations, the economic benefit (if any) resulting from the
violation, any history of such violations, any good-faith efforts to comply with the applicable requirements,
the economic impact of the penalty on the violator, and such other matters as justice may require. For
purposes of this subsection, a single operational upset which leads to simultaneous violations of more than one
pollutant parameter shall be treated as a single violation."
Subsec. (g). Pub. L. 100–4, §314(a), added subsec. (g).
1977—Subsec. (a)(1). Pub. L. 95–217, §§55(a), 67(c)(2)(A), substituted "1318, 1328, or 1345 of this title"
for "or 1318 of this title" and "1342 or 1344 of this title" for "1342 of this title".
Subsec. (a)(2). Pub. L. 95–217, §56(a), substituted "except where an extension has been granted under
paragraph (5)(B) of this subsection, the Administrator shall enforce any permit condition or limitation" for
"the Administrator shall enforce any permit condition or limitation".
Subsec. (a)(3). Pub. L. 95–217, §§55(b), 67(c)(2)(B), substituted "1318, 1328, or 1345 of this title" for "or
1318 of this title" and inserted "or in a permit issued under section 1344 of this title by a State" after "in a
permit issued under section 1342 of this title by him or by a State".
Subsec. (a)(4). Pub. L. 95–217, §56(b), struck out provision that any order issued under this subsection had
to be by personal service and had to state with reasonable specificity the nature of the violation and a time for
compliance, not to exceed thirty days, which the Administrator determined to be reasonable, taking into
account the seriousness of the violation and any good faith efforts to comply with applicable requirements.
See section subsec. (a)(5) of this section.
Subsec. (a)(5), (6). Pub. L. 95–217, §56(c), added pars. (5) and (6).
Subsec. (c)(1). Pub. L. 95–217, §67(c)(2)(C), substituted "by a State or in a permit issued under section
1344 of this title by a State, shall be punished" for "by a State, shall be punished".
Subsec. (d). Pub. L. 95–217, §§55(c), 67(c)(2)(D), substituted "1318, 1328, or 1345 of this title" for "or
1318 of this title" and inserted "or in a permit issued under section 1344 of this title by a State," after "permit
issued under section 1342 of this title by the Administrator, or by a State,".
Subsec. (f). Pub. L. 95–217, §54(b), added subsec. (f).
1 So in original.
(34) the term "Gulf Coast State" means any of the States of Alabama, Florida, Louisiana,
Mississippi, and Texas; and
(35) the term "Trust Fund" means the Gulf Coast Restoration Trust Fund established pursuant to
section 1602 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived
Economies of the Gulf Coast States Act of 2012.
(b) Congressional declaration of policy against discharges of oil or hazardous substances;
designation of hazardous substances; study of higher standard of care incentives and report
to Congress; liability; penalties; civil actions: penalty limitations, separate offenses,
jurisdiction, mitigation of damages and costs, recovery of removal costs, alternative
remedies, and withholding clearance of vessels
(1) The Congress hereby declares that it is the policy of the United States that there should be no
discharges of oil or hazardous substances into or upon the navigable waters of the United States,
adjoining shorelines, or into or upon the waters of the contiguous zone, or in connection with
activities under the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] or the Deepwater
Port Act of 1974 [33 U.S.C. 1501 et seq.], or which may affect natural resources belonging to,
appertaining to, or under the exclusive management authority of the United States (including
resources under the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1801
et seq.]).
(2)(A) The Administrator shall develop, promulgate, and revise as may be appropriate, regulations
designating as hazardous substances, other than oil as defined in this section, such elements and
compounds which, when discharged in any quantity into or upon the navigable waters of the United
States or adjoining shorelines or the waters of the contiguous zone or in connection with activities
under the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] or the Deepwater Port Act of
1974 [33 U.S.C. 1501 et seq.], or which may affect natural resources belonging to, appertaining to,
or under the exclusive management authority of the United States (including resources under the
Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.]), present an
imminent and substantial danger to the public health or welfare, including, but not limited to, fish,
shellfish, wildlife, shorelines, and beaches.
(B) The Administrator shall within 18 months after the date of enactment of this paragraph,
conduct a study and report to the Congress on methods, mechanisms, and procedures to create
incentives to achieve a higher standard of care in all aspects of the management and movement of
hazardous substances on the part of owners, operators, or persons in charge of onshore facilities,
offshore facilities, or vessels. The Administrator shall include in such study (1) limits of liability, (2)
liability for third party damages, (3) penalties and fees, (4) spill prevention plans, (5) current
practices in the insurance and banking industries, and (6) whether the penalty enacted in subclause
(bb) of clause (iii) of subparagraph (B) of subsection (b)(2) of section 311 of Public Law 92–500
should be enacted.
(3) The discharge of oil or hazardous substances (i) into or upon the navigable waters of the
United States, adjoining shorelines, or into or upon the waters of the contiguous zone, or (ii) in
connection with activities under the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] or
the Deepwater Port Act of 1974 [33 U.S.C. 1501 et seq.], or which may affect natural resources
belonging to, appertaining to, or under the exclusive management authority of the United States
(including resources under the Magnuson-Stevens Fishery Conservation and Management Act [16
U.S.C. 1801 et seq.]), in such quantities as may be harmful as determined by the President under
paragraph (4) of this subsection, is prohibited, except (A) in the case of such discharges into the
waters of the contiguous zone or which may affect natural resources belonging to, appertaining to, or
under the exclusive management authority of the United States (including resources under the
Magnuson-Stevens Fishery Conservation and Management Act), where permitted under the Protocol
of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973,
and (B) where permitted in quantities and at times and locations or under such circumstances or
conditions as the President may, by regulation, determine not to be harmful. Any regulations issued
under this subsection shall be consistent with maritime safety and with marine and navigation laws
and regulations and applicable water quality standards.
(4) The President shall by regulation determine for the purposes of this section those quantities of
oil and any hazardous substances the discharge of which may be harmful to the public health or
welfare or the environment of the United States, including but not limited to fish, shellfish, wildlife,
and public and private property, shorelines, and beaches.
(5) Any person in charge of a vessel or of an onshore facility or an offshore facility shall, as soon
as he has knowledge of any discharge of oil or a hazardous substance from such vessel or facility in
violation of paragraph (3) of this subsection, immediately notify the appropriate agency of the United
States Government of such discharge. The Federal agency shall immediately notify the appropriate
State agency of any State which is, or may reasonably be expected to be, affected by the discharge of
oil or a hazardous substance. Any such person (A) in charge of a vessel from which oil or a
hazardous substance is discharged in violation of paragraph (3)(i) of this subsection, or (B) in charge
of a vessel from which oil or a hazardous substance is discharged in violation of paragraph (3)(ii) of
this subsection and who is otherwise subject to the jurisdiction of the United States at the time of the
discharge, or (C) in charge of an onshore facility or an offshore facility, who fails to notify
immediately such agency of such discharge shall, upon conviction, be fined in accordance with title
18, or imprisoned for not more than 5 years, or both. Notification received pursuant to this paragraph
shall not be used against any such natural person in any criminal case, except a prosecution for
perjury or for giving a false statement.
(6) ADMINISTRATIVE PENALTIES.—
(A) VIOLATIONS.—Any owner, operator, or person in charge of any vessel, onshore facility,
or offshore facility—
(i) from which oil or a hazardous substance is discharged in violation of paragraph (3), or
(ii) who fails or refuses to comply with any regulation issued under subsection (j) to which
that owner, operator, or person in charge is subject,
may be assessed a class I or class II civil penalty by the Secretary of the department in which the
Coast Guard is operating, the Secretary of Transportation, or the Administrator.
(B) CLASSES OF PENALTIES.—
(i) CLASS I.—The amount of a class I civil penalty under subparagraph (A) may not exceed
$10,000 per violation, except that the maximum amount of any class I civil penalty under this
subparagraph shall not exceed $25,000. Before assessing a civil penalty under this clause, the
Administrator or Secretary, as the case may be, shall give to the person to be assessed such
penalty written notice of the Administrator's or Secretary's proposal to assess the penalty and
the opportunity to request, within 30 days of the date the notice is received by such person, a
hearing on the proposed penalty. Such hearing shall not be subject to section 554 or 556 of title
5, but shall provide a reasonable opportunity to be heard and to present evidence.
(ii) CLASS II.—The amount of a class II civil penalty under subparagraph (A) may not
exceed $10,000 per day for each day during which the violation continues; except that the
maximum amount of any class II civil penalty under this subparagraph shall not exceed
$125,000. Except as otherwise provided in this subsection, a class II civil penalty shall be
assessed and collected in the same manner, and subject to the same provisions, as in the case of
civil penalties assessed and collected after notice and opportunity for a hearing on the record in
accordance with section 554 of title 5. The Administrator and Secretary may issue rules for
discovery procedures for hearings under this paragraph.
(D) FINALITY OF ORDER.—An order assessing a class II civil penalty under this paragraph
shall become final 30 days after its issuance unless a petition for judicial review is filed under
subparagraph (G) or a hearing is requested under subparagraph (C)(iii). If such a hearing is denied,
such order shall become final 30 days after such denial.
(E) EFFECT OF ORDER.—Action taken by the Administrator or Secretary, as the case may be,
under this paragraph shall not affect or limit the Administrator's or Secretary's authority to enforce
any provision of this chapter; except that any violation—
(i) with respect to which the Administrator or Secretary has commenced and is diligently
prosecuting an action to assess a class II civil penalty under this paragraph, or
(ii) for which the Administrator or Secretary has issued a final order assessing a class II civil
penalty not subject to further judicial review and the violator has paid a penalty assessed under
this paragraph,
shall not be the subject of a civil penalty action under section 1319(d), 1319(g), or 1365 of this
title or under paragraph (7).
(F) EFFECT OF ACTION ON COMPLIANCE.—No action by the Administrator or Secretary
under this paragraph shall affect any person's obligation to comply with any section of this
chapter.
(G) JUDICIAL REVIEW.—Any person against whom a civil penalty is assessed under this
paragraph or who commented on the proposed assessment of such penalty in accordance with
subparagraph (C) may obtain review of such assessment—
(i) in the case of assessment of a class I civil penalty, in the United States District Court for
the District of Columbia or in the district in which the violation is alleged to have occurred, or
(ii) in the case of assessment of a class II civil penalty, in United States Court of Appeals for
the District of Columbia Circuit or for any other circuit in which such person resides or
transacts business,
by filing a notice of appeal in such court within the 30-day period beginning on the date the civil
penalty order is issued and by simultaneously sending a copy of such notice by certified mail to
the Administrator or Secretary, as the case may be, and the Attorney General. The Administrator
or Secretary shall promptly file in such court a certified copy of the record on which the order was
issued. Such court shall not set aside or remand such order unless there is not substantial evidence
in the record, taken as a whole, to support the finding of a violation or unless the Administrator's
or Secretary's assessment of the penalty constitutes an abuse of discretion and shall not impose
additional civil penalties for the same violation unless the Administrator's or Secretary's
assessment of the penalty constitutes an abuse of discretion.
(H) COLLECTION.—If any person fails to pay an assessment of a civil penalty—
(i) after the assessment has become final, or
(ii) after a court in an action brought under subparagraph (G) has entered a final judgment in
favor of the Administrator or Secretary, as the case may be,
the Administrator or Secretary shall request the Attorney General to bring a civil action in an
appropriate district court to recover the amount assessed (plus interest at currently prevailing rates
from the date of the final order or the date of the final judgment, as the case may be). In such an
action, the validity, amount, and appropriateness of such penalty shall not be subject to review.
Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as
described in the first sentence of this subparagraph shall be required to pay, in addition to such
amount and interest, attorneys fees and costs for collection proceedings and a quarterly
nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment
penalty shall be in an amount equal to 20 percent of the aggregate amount of such person's
penalties and nonpayment penalties which are unpaid as of the beginning of such quarter.
(I) SUBPOENAS.—The Administrator or Secretary, as the case may be, may issue subpoenas
for the attendance and testimony of witnesses and the production of relevant papers, books, or
documents in connection with hearings under this paragraph. In case of contumacy or refusal to
obey a subpoena issued pursuant to this subparagraph and served upon any person, the district
court of the United States for any district in which such person is found, resides, or transacts
business, upon application by the United States and after notice to such person, shall have
jurisdiction to issue an order requiring such person to appear and give testimony before the
administrative law judge or to appear and produce documents before the administrative law judge,
or both, and any failure to obey such order of the court may be punished by such court as a
contempt thereof.
shall be subject to a civil penalty in an amount up to $25,000 per day of violation or an amount up
to 3 times the costs incurred by the Oil Spill Liability Trust Fund as a result of such failure.
(C) FAILURE TO COMPLY WITH REGULATION.—Any person who fails or refuses to
comply with any regulation issued under subsection (j) shall be subject to a civil penalty in an
amount up to $25,000 per day of violation.
(D) GROSS NEGLIGENCE.—In any case in which a violation of paragraph (3) was the result
of gross negligence or willful misconduct of a person described in subparagraph (A), the person
shall be subject to a civil penalty of not less than $100,000, and not more than $3,000 per barrel of
oil or unit of reportable quantity of hazardous substance discharged.
(E) JURISDICTION.—An action to impose a civil penalty under this paragraph may be brought
in the district court of the United States for the district in which the defendant is located, resides,
or is doing business, and such court shall have jurisdiction to assess such penalty.
(F) LIMITATION.—A person is not liable for a civil penalty under this paragraph for a
discharge if the person has been assessed a civil penalty under paragraph (6) for the discharge.
as applicable. Clearance or a permit refused or revoked under this paragraph may be granted upon
the filing of a bond or other surety satisfactory to the Secretary of the department in which the Coast
Guard is operating or the Administrator.
(c) Federal removal authority
(1) General removal requirement
(A) The President shall, in accordance with the National Contingency Plan and any appropriate
Area Contingency Plan, ensure effective and immediate removal of a discharge, and mitigation or
prevention of a substantial threat of a discharge, of oil or a hazardous substance—
(i) into or on the navigable waters;
(ii) on the adjoining shorelines to the navigable waters;
(iii) into or on the waters of the exclusive economic zone; or
(iv) that may affect natural resources belonging to, appertaining to, or under the exclusive
management authority of the United States.
(C) A responsible party is liable for any removal costs and damages that another person is
relieved of under subparagraph (A).
(5) Obligation and liability of owner or operator not affected
Nothing in this subsection affects—
(A) the obligation of an owner or operator to respond immediately to a discharge, or the
threat of a discharge, of oil; or
(B) the liability of a responsible party under the Oil Pollution Act of 1990 [33 U.S.C. 2701 et
seq.].
(6) "Responsible party" defined
For purposes of this subsection, the term "responsible party" has the meaning given that term
under section 1001 of the Oil Pollution Act of 1990 [33 U.S.C. 2701].
(d) National Contingency Plan
(1) Preparation by President
The President shall prepare and publish a National Contingency Plan for removal of oil and
hazardous substances pursuant to this section.
(2) Contents
The National Contingency Plan shall provide for efficient, coordinated, and effective action to
minimize damage from oil and hazardous substance discharges, including containment, dispersal,
and removal of oil and hazardous substances, and shall include, but not be limited to, the
following:
(A) Assignment of duties and responsibilities among Federal departments and agencies in
coordination with State and local agencies and port authorities including, but not limited to,
water pollution control and conservation and trusteeship of natural resources (including
conservation of fish and wildlife).
(B) Identification, procurement, maintenance, and storage of equipment and supplies.
(C) Establishment or designation of Coast Guard strike teams, consisting of—
(i) personnel who shall be trained, prepared, and available to provide necessary services to
carry out the National Contingency Plan;
(ii) adequate oil and hazardous substance pollution control equipment and material; and
(iii) a detailed oil and hazardous substance pollution and prevention plan, including
measures to protect fisheries and wildlife.
(D) A system of surveillance and notice designed to safeguard against as well as ensure
earliest possible notice of discharges of oil and hazardous substances and imminent threats of
such discharges to the appropriate State and Federal agencies.
(E) Establishment of a national center to provide coordination and direction for operations in
carrying out the Plan.
(F) Procedures and techniques to be employed in identifying, containing, dispersing, and
removing oil and hazardous substances.
(G) A schedule, prepared in cooperation with the States, identifying—
(i) dispersants, other chemicals, and other spill mitigating devices and substances, if any,
that may be used in carrying out the Plan,
(ii) the waters in which such dispersants, other chemicals, and other spill mitigating
devices and substances may be used, and
(iii) the quantities of such dispersant, other chemicals, or other spill mitigating device or
substance which can be used safely in such waters,
which schedule shall provide in the case of any dispersant, chemical, spill mitigating device or
substance, or waters not specifically identified in such schedule that the President, or his
delegate, may, on a case-by-case basis, identify the dispersants, other chemicals, and other spill
mitigating devices and substances which may be used, the waters in which they may be used,
and the quantities which can be used safely in such waters.
(H) A system whereby the State or States affected by a discharge of oil or hazardous
substance may act where necessary to remove such discharge and such State or States may be
reimbursed in accordance with the Oil Pollution Act of 1990 [33 U.S.C. 2701 et seq.], in the
case of any discharge of oil from a vessel or facility, for the reasonable costs incurred for that
removal, from the Oil Spill Liability Trust Fund.
(I) Establishment of criteria and procedures to ensure immediate and effective Federal
identification of, and response to, a discharge, or the threat of a discharge, that results in a
substantial threat to the public health or welfare of the United States, as required under
subsection (c)(2).
(J) Establishment of procedures and standards for removing a worst case discharge of oil, and
for mitigating or preventing a substantial threat of such a discharge.
(K) Designation of the Federal official who shall be the Federal On-Scene Coordinator for
each area for which an Area Contingency Plan is required to be prepared under subsection (j).
(L) Establishment of procedures for the coordination of activities of—
(i) Coast Guard strike teams established under subparagraph (C);
(ii) Federal On-Scene Coordinators designated under subparagraph (K);
(iii) District Response Groups established under subsection (j); and
(iv) Area Committees established under subsection (j).
(M) A fish and wildlife response plan, developed in consultation with the United States Fish
and Wildlife Service, the National Oceanic and Atmospheric Administration, and other
interested parties (including State fish and wildlife conservation officials), for the immediate
and effective protection, rescue, and rehabilitation of, and the minimization of risk of damage
to, fish and wildlife resources and their habitat that are harmed or that may be jeopardized by a
discharge.
(3) Revisions and amendments
The President may, from time to time, as the President deems advisable, revise or otherwise
amend the National Contingency Plan.
(4) Actions in accordance with National Contingency Plan
After publication of the National Contingency Plan, the removal of oil and hazardous
substances and actions to minimize damage from oil and hazardous substance discharges shall, to
the greatest extent possible, be in accordance with the National Contingency Plan.
(e) Civil enforcement
(1) Orders protecting public health
In addition to any action taken by a State or local government, when the President determines
that there may be an imminent and substantial threat to the public health or welfare of the United
States, including fish, shellfish, and wildlife, public and private property, shorelines, beaches,
habitat, and other living and nonliving natural resources under the jurisdiction or control of the
United States, because of an actual or threatened discharge of oil or a hazardous substance from a
vessel or facility in violation of subsection (b), the President may—
(A) require the Attorney General to secure any relief from any person, including the owner or
operator of the vessel or facility, as may be necessary to abate such endangerment; or
(B) after notice to the affected State, take any other action under this section, including
issuing administrative orders, that may be necessary to protect the public health and welfare.
(2) Jurisdiction of district courts
The district courts of the United States shall have jurisdiction to grant any relief under this
subsection that the public interest and the equities of the case may require.
(f) Liability for actual costs of removal
(1) Except where an owner or operator can prove that a discharge was caused solely by (A) an act
of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act
or omission of a third party without regard to whether any such act or omission was or was not
negligent, or any combination of the foregoing clauses, such owner or operator of any vessel from
which oil or a hazardous substance is discharged in violation of subsection (b)(3) of this section
shall, notwithstanding any other provision of law, be liable to the United States Government for the
actual costs incurred under subsection (c) for the removal of such oil or substance by the United
States Government in an amount not to exceed, in the case of an inland oil barge $125 per gross ton
of such barge, or $125,000, whichever is greater, and in the case of any other vessel, $150 per gross
ton of such vessel (or, for a vessel carrying oil or hazardous substances as cargo, $250,000),
whichever is greater, except that where the United States can show that such discharge was the result
of willful negligence or willful misconduct within the privity and knowledge of the owner, such
owner or operator shall be liable to the United States Government for the full amount of such costs.
Such costs shall constitute a maritime lien on such vessel which may be recovered in an action in
rem in the district court of the United States for any district within which any vessel may be found.
The United States may also bring an action against the owner or operator of such vessel in any court
of competent jurisdiction to recover such costs.
(2) Except where an owner or operator of an onshore facility can prove that a discharge was
caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States
Government, or (D) an act or omission of a third party without regard to whether any such act or
omission was or was not negligent, or any combination of the foregoing clauses, such owner or
operator of any such facility from which oil or a hazardous substance is discharged in violation of
subsection (b)(3) of this section shall be liable to the United States Government for the actual costs
incurred under subsection (c) for the removal of such oil or substance by the United States
Government in an amount not to exceed $50,000,000, except that where the United States can show
that such discharge was the result of willful negligence or willful misconduct within the privity and
knowledge of the owner, such owner or operator shall be liable to the United States Government for
the full amount of such costs. The United States may bring an action against the owner or operator of
such facility in any court of competent jurisdiction to recover such costs. The Administrator is
authorized, by regulation, after consultation with the Secretary of Commerce and the Small Business
Administration, to establish reasonable and equitable classifications of those onshore facilities
having a total fixed storage capacity of 1,000 barrels or less which he determines because of size,
type, and location do not present a substantial risk of the discharge of oil or a hazardous substance in
violation of subsection (b)(3) of this section, and apply with respect to such classifications differing
limits of liability which may be less than the amount contained in this paragraph.
(3) Except where an owner or operator of an offshore facility can prove that a discharge was
caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States
Government, or (D) an act or omission of a third party without regard to whether any such act or
omission was or was not negligent, or any combination of the foregoing clauses, such owner or
operator of any such facility from which oil or a hazardous substance is discharged in violation of
subsection (b)(3) of this section shall, notwithstanding any other provision of law, be liable to the
United States Government for the actual costs incurred under subsection (c) for the removal of such
oil or substance by the United States Government in an amount not to exceed $50,000,000, except
that where the United States can show that such discharge was the result of willful negligence or
willful misconduct within the privity and knowledge of the owner, such owner or operator shall be
liable to the United States Government for the full amount of such costs. The United States may
bring an action against the owner or operator of such a facility in any court of competent jurisdiction
to recover such costs.
(4) The costs of removal of oil or a hazardous substance for which the owner or operator of a
vessel or onshore or offshore facility is liable under subsection (f) of this section shall include any
costs or expenses incurred by the Federal Government or any State government in the restoration or
replacement of natural resources damaged or destroyed as a result of a discharge of oil or a
hazardous substance in violation of subsection (b) of this section.
(5) The President, or the authorized representative of any State, shall act on behalf of the public as
trustee of the natural resources to recover for the costs of replacing or restoring such resources. Sums
recovered shall be used to restore, rehabilitate, or acquire the equivalent of such natural resources by
the appropriate agencies of the Federal Government, or the State government.
(g) Third party liability
Where the owner or operator of a vessel (other than an inland oil barge) carrying oil or hazardous
substances as cargo or an onshore or offshore facility which handles or stores oil or hazardous
substances in bulk, from which oil or a hazardous substance is discharged in violation of subsection
(b) of this section, alleges that such discharge was caused solely by an act or omission of a third
party, such owner or operator shall pay to the United States Government the actual costs incurred
under subsection (c) for removal of such oil or substance and shall be entitled by subrogation to all
rights of the United States Government to recover such costs from such third party under this
subsection. In any case where an owner or operator of a vessel, of an onshore facility, or of an
offshore facility, from which oil or a hazardous substance is discharged in violation of subsection
(b)(3) of this section, proves that such discharge of oil or hazardous substance was caused solely by
an act or omission of a third party, or was caused solely by such an act or omission in combination
with an act of God, an act of war, or negligence on the part of the United States Government, such
third party shall, notwithstanding any other provision of law, be liable to the United States
Government for the actual costs incurred under subsection (c) for removal of such oil or substance
by the United States Government, except where such third party can prove that such discharge was
caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States
Government, or (D) an act or omission of another party without regard to whether such act or
omission was or was not negligent, or any combination of the foregoing clauses. If such third party
was the owner or operator of a vessel which caused the discharge of oil or a hazardous substance in
violation of subsection (b)(3) of this section, the liability of such third party under this subsection
shall not exceed, in the case of an inland oil barge $125 per gross ton of such barge, or $125,000,
whichever is greater, and in the case of any other vessel, $150 per gross ton of such vessel (or, for a
vessel carrying oil or hazardous substances as cargo, $250,000), whichever is greater. In any other
case the liability of such third party shall not exceed the limitation which would have been applicable
to the owner or operator of the vessel or the onshore or offshore facility from which the discharge
actually occurred if such owner or operator were liable. If the United States can show that the
discharge of oil or a hazardous substance in violation of subsection (b)(3) of this section was the
result of willful negligence or willful misconduct within the privity and knowledge of such third
party, such third party shall be liable to the United States Government for the full amount of such
removal costs. The United States may bring an action against the third party in any court of
competent jurisdiction to recover such removal costs.
(h) Rights against third parties who caused or contributed to discharge
The liabilities established by this section shall in no way affect any rights which (1) the owner or
operator of a vessel or of an onshore facility or an offshore facility may have against any third party
whose acts may in any way have caused or contributed to such discharge, or (2) The 3 United States
Government may have against any third party whose actions may in any way have caused or
contributed to the discharge of oil or hazardous substance.
(i) Recovery of removal costs
In any case where an owner or operator of a vessel or an onshore facility or an offshore facility
from which oil or a hazardous substance is discharged in violation of subsection (b)(3) of this section
acts to remove such oil or substance in accordance with regulations promulgated pursuant to this
section, such owner or operator shall be entitled to recover the reasonable costs incurred in such
removal upon establishing, in a suit which may be brought against the United States Government in
the United States Court of Federal Claims, that such discharge was caused solely by (A) an act of
God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or
omission of a third party without regard to whether such act or omission was or was not negligent, or
of any combination of the foregoing causes.
(j) National Response System
(1) In general
Consistent with the National Contingency Plan required by subsection (c)(2) 2 of this section, as
soon as practicable after October 18, 1972, and from time to time thereafter, the President shall
issue regulations consistent with maritime safety and with marine and navigation laws (A)
establishing methods and procedures for removal of discharged oil and hazardous substances, (B)
establishing criteria for the development and implementation of local and regional oil and
hazardous substance removal contingency plans, (C) establishing procedures, methods, and
equipment and other requirements for equipment to prevent discharges of oil and hazardous
substances from vessels and from onshore facilities and offshore facilities, and to contain such
discharges, and (D) governing the inspection of vessels carrying cargoes of oil and hazardous
substances and the inspection of such cargoes in order to reduce the likelihood of discharges of oil
from vessels in violation of this section.
(2) National Response Unit
The Secretary of the department in which the Coast Guard is operating shall establish a National
Response Unit at Elizabeth City, North Carolina. The Secretary, acting through the National
Response Unit—
(A) shall compile and maintain a comprehensive computer list of spill removal resources,
personnel, and equipment that is available worldwide and within the areas designated by the
President pursuant to paragraph (4), and of information regarding previous spills, including data
from universities, research institutions, State governments, and other nations, as appropriate,
which shall be disseminated as appropriate to response groups and area committees, and which
shall be available to Federal and State agencies and the public;
(B) shall provide technical assistance, equipment, and other resources requested by a Federal
On-Scene Coordinator;
(C) shall coordinate use of private and public personnel and equipment to remove a worst
case discharge, and to mitigate or prevent a substantial threat of such a discharge, from a vessel,
offshore facility, or onshore facility operating in or near an area designated by the President
pursuant to paragraph (4);
(D) may provide technical assistance in the preparation of Area Contingency Plans required
under paragraph (4);
(E) shall administer Coast Guard strike teams established under the National Contingency
Plan;
(F) shall maintain on file all Area Contingency Plans approved by the President under this
subsection; and
(G) shall review each of those plans that affects its responsibilities under this subsection.
(3) Coast Guard District Response Groups
(A) The Secretary of the department in which the Coast Guard is operating shall establish in
each Coast Guard district a Coast Guard District Response Group.
(B) Each Coast Guard District Response Group shall consist of—
(i) the Coast Guard personnel and equipment, including firefighting equipment, of each port
within the district;
(ii) additional prepositioned equipment; and
(iii) a district response advisory staff.
(B) Each Area Committee, under the direction of the Federal On-Scene Coordinator for its area,
shall—
(i) prepare for its area the Area Contingency Plan required under subparagraph (C);
(ii) work with State, local, and tribal officials to enhance the contingency planning of those
officials and to assure preplanning of joint response efforts, including appropriate procedures
for mechanical recovery, dispersal, shoreline cleanup, protection of sensitive environmental
areas, and protection, rescue, and rehabilitation of fisheries and wildlife, including advance
planning with respect to the closing and reopening of fishing areas following a discharge; and
(iii) work with State, local, and tribal officials to expedite decisions for the use of dispersants
and other mitigating substances and devices.
(C) Each Area Committee shall prepare and submit to the President for approval an Area
Contingency Plan for its area. The Area Contingency Plan shall—
(i) when implemented in conjunction with the National Contingency Plan, be adequate to
remove a worst case discharge, and to mitigate or prevent a substantial threat of such a
discharge, from a vessel, offshore facility, or onshore facility operating in or near the area;
(ii) describe the area covered by the plan, including the areas of special economic or
environmental importance that might be damaged by a discharge;
(iii) describe in detail the responsibilities of an owner or operator and of Federal, State, and
local agencies in removing a discharge, and in mitigating or preventing a substantial threat of a
discharge;
(iv) list the equipment (including firefighting equipment), dispersants or other mitigating
substances and devices, and personnel available to an owner or operator, Federal, State, and
local agencies, and tribal governments, to ensure an effective and immediate removal of a
discharge, and to ensure mitigation or prevention of a substantial threat of a discharge;
(v) compile a list of local scientists, both inside and outside Federal Government service,
with expertise in the environmental effects of spills of the types of oil typically transported in
the area, who may be contacted to provide information or, where appropriate, participate in
meetings of the scientific support team convened in response to a spill, and describe the
procedures to be followed for obtaining an expedited decision regarding the use of dispersants;
(vi) describe in detail how the plan is integrated into other Area Contingency Plans and
vessel, offshore facility, and onshore facility response plans approved under this subsection, and
into operating procedures of the National Response Unit;
(vii) include a framework for advance planning and decisionmaking with respect to the
closing and reopening of fishing areas following a discharge, including protocols and standards
for the closing and reopening of fishing areas;
(viii) include any other information the President requires; and
(ix) be updated periodically by the Area Committee.
(E) With respect to any response plan submitted under this paragraph for an onshore facility
that, because of its location, could reasonably be expected to cause significant and substantial
harm to the environment by discharging into or on the navigable waters or adjoining shorelines or
the exclusive economic zone, and with respect to each response plan submitted under this
paragraph for a tank vessel, nontank vessel, or offshore facility, the President shall—
(i) promptly review such response plan;
(ii) require amendments to any plan that does not meet the requirements of this paragraph;
(iii) approve any plan that meets the requirements of this paragraph;
(iv) review each plan periodically thereafter; and
(v) in the case of a plan for a nontank vessel, consider any applicable State-mandated
response plan in effect on August 9, 2004, and ensure consistency to the extent practicable.
(F) A tank vessel, nontank vessel, offshore facility, or onshore facility required to prepare a
response plan under this subsection may not handle, store, or transport oil unless—
(i) in the case of a tank vessel, nontank vessel, offshore facility, or onshore facility for which
a response plan is reviewed by the President under subparagraph (E), the plan has been
approved by the President; and
(ii) the vessel or facility is operating in compliance with the plan.
(G) Notwithstanding subparagraph (E), the President may authorize a tank vessel, nontank
vessel, offshore facility, or onshore facility to operate without a response plan approved under this
paragraph, until not later than 2 years after the date of the submission to the President of a plan for
the tank vessel, nontank vessel, or facility, if the owner or operator certifies that the owner or
operator has ensured by contract or other means approved by the President the availability of
private personnel and equipment necessary to respond, to the maximum extent practicable, to a
worst case discharge or a substantial threat of such a discharge.
(H) The owner or operator of a tank vessel, nontank vessel, offshore facility, or onshore facility
may not claim as a defense to liability under title I of the Oil Pollution Act of 1990 [33 U.S.C.
2701 et seq.] that the owner or operator was acting in accordance with an approved response plan.
(I) The Secretary shall maintain, in the Vessel Identification System established under chapter
125 of title 46, the dates of approval and review of a response plan under this paragraph for each
tank vessel and nontank vessel that is a vessel of the United States.
(6) Equipment requirements and inspection
The President may require—
(A) periodic inspection of containment booms, skimmers, vessels, and other major equipment
used to remove discharges; and
(B) vessels operating on navigable waters and carrying oil or a hazardous substance in bulk
as cargo, and nontank vessels carrying oil of any kind as fuel for main propulsion, to carry
appropriate removal equipment that employs the best technology economically feasible and that
is compatible with the safe operation of the vessel.
(7) Area drills
The President shall periodically conduct drills of removal capability, without prior notice, in
areas for which Area Contingency Plans are required under this subsection and under relevant tank
vessel, nontank vessel, and facility response plans. The drills may include participation by Federal,
State, and local agencies, the owners and operators of vessels and facilities in the area, and private
industry. The President may publish annual reports on these drills, including assessments of the
effectiveness of the plans and a list of amendments made to improve plans.
(8) United States Government not liable
The United States Government is not liable for any damages arising from its actions or
omissions relating to any response plan required by this section.
(k) Repealed. Pub. L. 101–380, title II, §2002(b)(2), Aug. 18, 1990, 104 Stat. 507
(l) Administration
The President is authorized to delegate the administration of this section to the heads of those
Federal departments, agencies, and instrumentalities which he determines to be appropriate. Each
such department, agency, and instrumentality, in order to avoid duplication of effort, shall, whenever
appropriate, utilize the personnel, services, and facilities of other Federal departments, agencies, and
instrumentalities.
(m) Administrative provisions
(1) For vessels
Anyone authorized by the President to enforce the provisions of this section with respect to any
vessel may, except as to public vessels—
(A) board and inspect any vessel upon the navigable waters of the United States or the waters
of the contiguous zone,
(B) with or without a warrant, arrest any person who in the presence or view of the
authorized person violates the provisions of this section or any regulation issued thereunder, and
(C) execute any warrant or other process issued by an officer or court of competent
jurisdiction.
(2) For facilities
(A) Recordkeeping
Whenever required to carry out the purposes of this section, the Administrator, the Secretary
of Transportation, or the Secretary of the Department in which the Coast Guard is operating
shall require the owner or operator of a facility to which this section applies to establish and
maintain such records, make such reports, install, use, and maintain such monitoring equipment
and methods, and provide such other information as the Administrator or Secretary, as the case
may be, may require to carry out the objectives of this section.
(B) Entry and inspection
Whenever required to carry out the purposes of this section, the Administrator, the Secretary
of Transportation, or the Secretary of the Department in which the Coast Guard is operating or
an authorized representative of the Administrator or Secretary, upon presentation of appropriate
credentials, may—
(i) enter and inspect any facility to which this section applies, including any facility at
which any records are required to be maintained under subparagraph (A); and
(ii) at reasonable times, have access to and copy any records, take samples, and inspect any
monitoring equipment or methods required under subparagraph (A).
(C) Arrests and execution of warrants
Anyone authorized by the Administrator or the Secretary of the department in which the
Coast Guard is operating to enforce the provisions of this section with respect to any facility
may—
(i) with or without a warrant, arrest any person who violates the provisions of this section
or any regulation issued thereunder in the presence or view of the person so authorized; and
(ii) execute any warrant or process issued by an officer or court of competent jurisdiction.
(D) Public access
Any records, reports, or information obtained under this paragraph shall be subject to the
same public access and disclosure requirements which are applicable to records, reports, and
information obtained pursuant to section 1318 of this title.
(n) Jurisdiction
The several district courts of the United States are invested with jurisdiction for any actions, other
than actions pursuant to subsection (i)(l),2 arising under this section. In the case of Guam and the
Trust Territory of the Pacific Islands, such actions may be brought in the district court of Guam, and
in the case of the Virgin Islands such actions may be brought in the district court of the Virgin
Islands. In the case of American Samoa and the Trust Territory of the Pacific Islands, such actions
may be brought in the District Court of the United States for the District of Hawaii and such court
shall have jurisdiction of such actions. In the case of the Canal Zone, such actions may be brought in
the United States District Court for the District of the Canal Zone.
(o) Obligation for damages unaffected; local authority not preempted; existing Federal
authority not modified or affected
(1) Nothing in this section shall affect or modify in any way the obligations of any owner or
operator of any vessel, or of any owner or operator of any onshore facility or offshore facility to any
person or agency under any provision of law for damages to any publicly owned or privately owned
property resulting from a discharge of any oil or hazardous substance or from the removal of any
such oil or hazardous substance.
(2) Nothing in this section shall be construed as preempting any State or political subdivision
thereof from imposing any requirement or liability with respect to the discharge of oil or hazardous
substance into any waters within such State, or with respect to any removal activities related to such
discharge.
(3) Nothing in this section shall be construed as affecting or modifying any other existing
authority of any Federal department, agency, or instrumentality, relative to onshore or offshore
facilities under this chapter or any other provision of law, or to affect any State or local law not in
conflict with this section.
(p) Repealed. Pub. L. 101–380, title II, §2002(b)(4), Aug. 18, 1990, 104 Stat. 507
(q) Establishment of maximum limit of liability with respect to onshore or offshore facilities
The President is authorized to establish, with respect to any class or category of onshore or
offshore facilities, a maximum limit of liability under subsections (f)(2) and (3) of this section of less
than $50,000,000, but not less than $8,000,000.
(r) Liability limitations not to limit liability under other legislation
Nothing in this section shall be construed to impose, or authorize the imposition of, any limitation
on liability under the Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.] or the Deepwater
Port Act of 1974 [33 U.S.C. 1501 et seq.].
(s) Oil Spill Liability Trust Fund
The Oil Spill Liability Trust Fund established under section 9509 of title 26 shall be available to
carry out subsections (b), (c), (d), (j), and (l) as those subsections apply to discharges, and substantial
threats of discharges, of oil. Any amounts received by the United States under this section shall be
deposited in the Oil Spill Liability Trust Fund except as provided in subsection (t).
(t) Gulf Coast restoration and recovery
(1) State allocation and expenditures
(A) In general
Of the total amounts made available in any fiscal year from the Trust Fund, 35 percent shall
be available, in accordance with the requirements of this section, to the Gulf Coast States in
equal shares for expenditure for ecological and economic restoration of the Gulf Coast region in
accordance with this subsection.
(B) Use of funds
(i) Eligible activities in the Gulf Coast region
Subject to clause (iii), amounts provided to the Gulf Coast States under this subsection
may only be used to carry out 1 or more of the following activities in the Gulf Coast region:
(I) Restoration and protection of the natural resources, ecosystems, fisheries, marine and
wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region.
(II) Mitigation of damage to fish, wildlife, and natural resources.
(III) Implementation of a federally approved marine, coastal, or comprehensive
conservation management plan, including fisheries monitoring.
(IV) Workforce development and job creation.
(V) Improvements to or on State parks located in coastal areas affected by the
Deepwater Horizon oil spill.
(VI) Infrastructure projects benefitting the economy or ecological resources, including
port infrastructure.
(VII) Coastal flood protection and related infrastructure.
(VIII) Planning assistance.
(IX) Administrative costs of complying with this subsection.
(ii) Activities to promote tourism and seafood in the Gulf Coast region
Amounts provided to the Gulf Coast States under this subsection may be used to carry out
1 or more of the following activities:
(I) Promotion of tourism in the Gulf Coast Region, including recreational fishing.
(II) Promotion of the consumption of seafood harvested from the Gulf Coast Region.
(iii) Limitation
(I) In general
Of the amounts received by a Gulf Coast State under this subsection, not more than 3
percent may be used for administrative costs eligible under clause (i)(IX).
(II) Claims for compensation
Activities funded under this subsection may not be included in any claim for
compensation paid out by the Oil Spill Liability Trust Fund after July 6, 2012.
(C) Coastal political subdivisions
(i) Distribution
In the case of a State where the coastal zone includes the entire State—
(I) 75 percent of funding shall be provided directly to the 8 disproportionately affected
counties impacted by the Deepwater Horizon oil spill; and
(II) 25 percent shall be provided directly to nondisproportionately impacted counties
within the State.
(ii) Nondisproportionately impacted counties
The total amounts made available to coastal political subdivisions in the State of Florida
under clause (i)(II) shall be distributed according to the following weighted formula:
(I) 34 percent based on the weighted average of the population of the county.
(II) 33 percent based on the weighted average of the county per capita sales tax
collections estimated for fiscal year 2012.
(III) 33 percent based on the inverse proportion of the weighted average distance from
the Deepwater Horizon oil rig to each of the nearest and farthest points of the shoreline.
(D) Louisiana
(i) In general
Of the total amounts made available to the State of Louisiana under this paragraph:
(I) 70 percent shall be provided directly to the State in accordance with this subsection.
(II) 30 percent shall be provided directly to parishes in the coastal zone (as defined in
section 1453 of title 16) of the State of Louisiana according to the following weighted
formula:
(aa) 40 percent based on the weighted average of miles of the parish shoreline oiled.
(bb) 40 percent based on the weighted average of the population of the parish.
(cc) 20 percent based on the weighted average of the land mass of the parish.
(ii) Conditions
(I) Land use plan
As a condition of receiving amounts allocated under this paragraph, the chief executive
of the eligible parish shall certify to the Governor of the State that the parish has completed
a comprehensive land use plan.
(II) Other conditions
A coastal political subdivision receiving funding under this paragraph shall meet all of
the conditions in subparagraph (E).
(E) Conditions
As a condition of receiving amounts from the Trust Fund, a Gulf Coast State, including the
entities described in subparagraph (F), or a coastal political subdivision shall—
(i) agree to meet such conditions, including audit requirements, as the Secretary of the
Treasury determines necessary to ensure that amounts disbursed from the Trust Fund will be
used in accordance with this subsection;
(ii) certify in such form and in such manner as the Secretary of the Treasury determines
necessary that the project or program for which the Gulf Coast State or coastal political
subdivision is requesting amounts—
(I) is designed to restore and protect the natural resources, ecosystems, fisheries, marine
and wildlife habitats, beaches, coastal wetlands, or economy of the Gulf Coast;
(II) carries out 1 or more of the activities described in clauses (i) and (ii) of
subparagraph (B);
(III) was selected based on meaningful input from the public, including broad-based
participation from individuals, businesses, and nonprofit organizations; and
(IV) in the case of a natural resource protection or restoration project, is based on the
best available science;
(iii) certify that the project or program and the awarding of a contract for the expenditure
of amounts received under this paragraph are consistent with the standard procurement rules
and regulations governing a comparable project or program in that State, including all
applicable competitive bidding and audit requirements; and
(iv) develop and submit a multiyear implementation plan for the use of such amounts,
which may include milestones, projected completion of each activity, and a mechanism to
evaluate the success of each activity in helping to restore and protect the Gulf Coast region
impacted by the Deepwater Horizon oil spill.
(F) Approval by State entity, task force, or agency
The following Gulf Coast State entities, task forces, or agencies shall carry out the duties of a
Gulf Coast State pursuant to this paragraph:
(i) Alabama
(I) In general
In the State of Alabama, the Alabama Gulf Coast Recovery Council, which shall be
comprised of only the following:
(aa) The Governor of Alabama, who shall also serve as Chairperson and preside over
the meetings of the Alabama Gulf Coast Recovery Council.
(bb) The Director of the Alabama State Port Authority, who shall also serve as Vice
Chairperson and preside over the meetings of the Alabama Gulf Coast Recovery
Council in the absence of the Chairperson.
(cc) The Chairman of the Baldwin County Commission.
(dd) The President of the Mobile County Commission.
(ee) The Mayor of the city of Bayou La Batre.
(ff) The Mayor of the town of Dauphin Island.
(gg) The Mayor of the city of Fairhope.
(hh) The Mayor of the city of Gulf Shores.
(ii) The Mayor of the city of Mobile.
(jj) The Mayor of the city of Orange Beach.
(II) Vote
Each member of the Alabama Gulf Coast Recovery Council shall be entitled to 1 vote.
(III) Majority vote
All decisions of the Alabama Gulf Coast Recovery Council shall be made by majority
vote.
(IV) Limitation on administrative expenses
Administrative duties for the Alabama Gulf Coast Recovery Council may only be
performed by public officials and employees that are subject to the ethics laws of the State
of Alabama.
(ii) Louisiana
In the State of Louisiana, the Coastal Protection and Restoration Authority of Louisiana.
(iii) Mississippi
In the State of Mississippi, the Mississippi Department of Environmental Quality.
(iv) Texas
In the State of Texas, the Office of the Governor or an appointee of the Office of the
Governor.
(G) Compliance with eligible activities
If the Secretary of the Treasury determines that an expenditure by a Gulf Coast State or
coastal political subdivision of amounts made available under this subsection does not meet one
of the activities described in clauses (i) and (ii) of subparagraph (B), the Secretary shall make
no additional amounts from the Trust Fund available to that Gulf Coast State or coastal political
subdivision until such time as an amount equal to the amount expended for the unauthorized
use—
(i) has been deposited by the Gulf Coast State or coastal political subdivision in the Trust
Fund; or
(ii) has been authorized by the Secretary of the Treasury for expenditure by the Gulf Coast
State or coastal political subdivision for a project or program that meets the requirements of
this subsection.
(H) Compliance with conditions
If the Secretary of the Treasury determines that a Gulf Coast State or coastal political
subdivision does not meet the requirements of this paragraph, including the conditions of
subparagraph (E), where applicable, the Secretary of the Treasury shall make no amounts from
the Trust Fund available to that Gulf Coast State or coastal political subdivision until all
conditions of this paragraph are met.
(I) Public input
In meeting any condition of this paragraph, a Gulf Coast State may use an appropriate
procedure for public consultation in that Gulf Coast State, including consulting with one or
more established task forces or other entities, to develop recommendations for proposed
projects and programs that would restore and protect the natural resources, ecosystems,
fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf
Coast.
(J) Previously approved projects and programs
A Gulf Coast State or coastal political subdivision shall be considered to have met the
conditions of subparagraph (E) for a specific project or program if, before July 6, 2012—
(i) the Gulf Coast State or coastal political subdivision has established conditions for
carrying out projects and programs that are substantively the same as the conditions described
in subparagraph (E); and
(ii) the applicable project or program carries out 1 or more of the activities described in
clauses (i) and (ii) of subparagraph (B).
(K) Local preference
In awarding contracts to carry out a project or program under this paragraph, a Gulf Coast
State or coastal political subdivision may give a preference to individuals and companies that
reside in, are headquartered in, or are principally engaged in business in the State of project
execution.
(L) Unused funds
Funds allocated to a State or coastal political subdivision under this paragraph shall remain in
the Trust Fund until such time as the State or coastal political subdivision develops and submits
a plan identifying uses for those funds in accordance with subparagraph (E)(iv).
(M) Judicial review
If the Secretary of the Treasury determines that a Gulf Coast State or coastal political
subdivision does not meet the requirements of this paragraph, including the conditions of
subparagraph (E), the Gulf Coast State or coastal political subdivision may obtain expedited
judicial review within 90 days after that decision in a district court of the United States, of
appropriate jurisdiction and venue, that is located within the State seeking the review.
(N) Cost-sharing
(i) In general
A Gulf Coast State or coastal political subdivision may use, in whole or in part, amounts
made available under this paragraph to that Gulf Coast State or coastal political subdivision
to satisfy the non-Federal share of the cost of any project or program authorized by Federal
law that is an eligible activity described in clauses (i) and (ii) of subparagraph (B).
(ii) Effect on other funds
The use of funds made available from the Trust Fund to satisfy the non-Federal share of
the cost of a project or program that meets the requirements of clause (i) shall not affect the
priority in which other Federal funds are allocated or awarded.
(2) Council establishment and allocation
(A) In general
Of the total amount made available in any fiscal year from the Trust Fund, 30 percent shall be
disbursed to the Council to carry out the Comprehensive Plan.
(B) Council expenditures
(i) In general
In accordance with this paragraph, the Council shall expend funds made available from the
Trust Fund to undertake projects and programs, using the best available science, that would
restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats,
beaches, coastal wetlands, and economy of the Gulf Coast.
(ii) Allocation and expenditure procedures
The Secretary of the Treasury shall develop such conditions, including audit requirements,
as the Secretary of the Treasury determines necessary to ensure that amounts disbursed from
the Trust Fund to the Council to implement the Comprehensive Plan will be used in
accordance with this paragraph.
(iii) Administrative expenses
Of the amounts received by the Council under this paragraph, not more than 3 percent may
be used for administrative expenses, including staff.
(C) Gulf Coast Ecosystem Restoration Council
(i) Establishment
There is established as an independent entity in the Federal Government a council to be
known as the "Gulf Coast Ecosystem Restoration Council".
(ii) Membership
The Council shall consist of the following members, or in the case of a Federal agency, a
designee at the level of the Assistant Secretary or the equivalent:
(I) The Secretary of the Interior.
(II) The Secretary of the Army.
(III) The Secretary of Commerce.
(IV) The Administrator of the Environmental Protection Agency.
(V) The Secretary of Agriculture.
(VI) The head of the department in which the Coast Guard is operating.
(VII) The Governor of the State of Alabama.
(VIII) The Governor of the State of Florida.
(IX) The Governor of the State of Louisiana.
(X) The Governor of the State of Mississippi.
(XI) The Governor of the State of Texas.
(iii) Alternate
A Governor appointed to the Council by the President may designate an alternate to
represent the Governor on the Council and vote on behalf of the Governor.
(iv) Chairperson
From among the Federal agency members of the Council, the representatives of States on
the Council shall select, and the President shall appoint, 1 Federal member to serve as
Chairperson of the Council.
(v) Presidential appointment
All Council members shall be appointed by the President.
(vi) Council actions
(I) In general
The following actions by the Council shall require the affirmative vote of the
Chairperson and a majority of the State members to be effective:
(aa) Approval of a Comprehensive Plan and future revisions to a Comprehensive
Plan.
(bb) Approval of State plans pursuant to paragraph (3)(B)(iv).
(cc) Approval of reports to Congress pursuant to clause (vii)(VII).
(dd) Approval of transfers pursuant to subparagraph (E)(ii)(I).
(ee) Other significant actions determined by the Council.
(II) Quorum
A majority of State members shall be required to be present for the Council to take any
significant action.
(III) Affirmative vote requirement considered met
For approval of State plans pursuant to paragraph (3)(B)(iv), the certification by a State
member of the Council that the plan satisfies all requirements of clauses (i) and (ii) of
paragraph (3)(B), when joined by an affirmative vote of the Federal Chairperson of the
Council, shall be considered to satisfy the requirements for affirmative votes under
subclause (I).
(IV) Public transparency
Appropriate actions of the Council, including significant actions and associated
deliberations, shall be made available to the public via electronic means prior to any vote.
(vii) Duties of Council
The Council shall—
(I) develop the Comprehensive Plan and future revisions to the Comprehensive Plan;
(II) identify as soon as practicable the projects that—
(aa) have been authorized prior to July 6, 2012, but not yet commenced; and
(bb) if implemented quickly, would restore and protect the natural resources,
ecosystems, fisheries, marine and wildlife habitats, beaches, barrier islands, dunes, and
coastal wetlands of the Gulf Coast region;
(III) establish such other 1 or more advisory committees as may be necessary to assist
the Council, including a scientific advisory committee and a committee to advise the
Council on public policy issues;
(IV) collect and consider scientific and other research associated with restoration of the
Gulf Coast ecosystem, including research, observation, and monitoring carried out
pursuant to sections 1604 and 1605 of the Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012;
(V) develop standard terms to include in contracts for projects and programs awarded
pursuant to the Comprehensive Plan that provide a preference to individuals and
companies that reside in, are headquartered in, or are principally engaged in business in a
Gulf Coast State;
(VI) prepare an integrated financial plan and recommendations for coordinated budget
requests for the amounts proposed to be expended by the Federal agencies represented on
the Council for projects and programs in the Gulf Coast States; and
(VII) submit to Congress an annual report that—
(aa) summarizes the policies, strategies, plans, and activities for addressing the
restoration and protection of the Gulf Coast region;
(bb) describes the projects and programs being implemented to restore and protect the
Gulf Coast region, including—
(AA) a list of each project and program;
(BB) an identification of the funding provided to projects and programs identified
in subitem (AA);
(CC) an identification of each recipient for funding identified in subitem (BB); and
(DD) a description of the length of time and funding needed to complete the
objectives of each project and program identified in subitem (AA);
(ee) includes the information required to be submitted under section 1605(c)(4) of the
Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived
Economies of the Gulf Coast States Act of 2012; and
(ff) submits the reports required under item (dd) to—
(AA) the Committee on Science, Space, and Technology, the Committee on
Natural Resources, the Committee on Transportation and Infrastructure, and the
Committee on Appropriations of the House of Representatives; and
(BB) the Committee on Environment and Public Works, the Committee on
Commerce, Science, and Transportation, the Committee on Energy and Natural
Resources, and the Committee on Appropriations of the Senate.
(viii) Application of Federal Advisory Committee Act
The Council, or any other advisory committee established under this subparagraph, shall
not be considered an advisory committee under the Federal Advisory Committee Act (5
U.S.C. App.).
(ix) Sunset
The authority for the Council, and any other advisory committee established under this
subparagraph, shall terminate on the date all funds in the Trust Fund have been expended.
(D) Comprehensive plan
(i) Proposed plan
(I) In general
Not later than 180 days after July 6, 2012, the Chairperson, on behalf of the Council and
after appropriate public input, review, and comment, shall publish a proposed plan to
restore and protect the natural resources, ecosystems, fisheries, marine and wildlife
habitats, beaches, and coastal wetlands of the Gulf Coast region.
(II) Inclusions
The proposed plan described in subclause (I) shall include and incorporate the findings
and information prepared by the President's Gulf Coast Restoration Task Force.
(ii) Publication
(I) Initial plan
Not later than 1 year after July 6, 2012, and after notice and opportunity for public
comment, the Chairperson, on behalf of the Council and after approval by the Council,
shall publish in the Federal Register the initial Comprehensive Plan to restore and protect
the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and
coastal wetlands of the Gulf Coast region.
(II) Cooperation with Gulf Coast Restoration Task Force
The Council shall develop the initial Comprehensive Plan in close coordination with the
President's Gulf Coast Restoration Task Force.
(III) Considerations
In developing the initial Comprehensive Plan and subsequent updates, the Council shall
consider all relevant findings, reports, or research prepared or funded under section 1604
or 1605 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and
Revived Economies of the Gulf Coast States Act of 2012.
(IV) Contents
The initial Comprehensive Plan shall include—
(aa) such provisions as are necessary to fully incorporate in the Comprehensive Plan
the strategy, projects, and programs recommended by the President's Gulf Coast
Restoration Task Force;
(bb) a list of any project or program authorized prior to July 6, 2012, but not yet
commenced, the completion of which would further the purposes and goals of this
subsection and of the Resources and Ecosystems Sustainability, Tourist Opportunities,
and Revived Economies of the Gulf Coast States Act of 2012;
(cc) a description of the manner in which amounts from the Trust Fund projected to
be made available to the Council for the succeeding 10 years will be allocated; and
(dd) subject to available funding in accordance with clause (iii), a prioritized list of
specific projects and programs to be funded and carried out during the 3-year period
immediately following the date of publication of the initial Comprehensive Plan,
including a table that illustrates the distribution of projects and programs by the Gulf
Coast State.
(V) Plan updates
The Council shall update—
(aa) the Comprehensive Plan every 5 years in a manner comparable to the manner
established in this subparagraph for each 5-year period for which amounts are expected
to be made available to the Gulf Coast States from the Trust Fund; and
(bb) the 3-year list of projects and programs described in subclause (IV)(dd) annually.
(iii) Restoration priorities
Except for projects and programs described in clause (ii)(IV)(bb), in selecting projects and
programs to include on the 3-year list described in clause (ii)(IV)(dd), based on the best
available science, the Council shall give highest priority to projects that address 1 or more of
the following criteria:
(I) Projects that are projected to make the greatest contribution to restoring and
protecting the natural resources, ecosystems, fisheries, marine and wildlife habitats,
beaches, and coastal wetlands of the Gulf Coast region, without regard to geographic
location within the Gulf Coast region.
(II) Large-scale projects and programs that are projected to substantially contribute to
restoring and protecting the natural resources, ecosystems, fisheries, marine and wildlife
habitats, beaches, and coastal wetlands of the Gulf Coast ecosystem.
(III) Projects contained in existing Gulf Coast State comprehensive plans for the
restoration and protection of natural resources, ecosystems, fisheries, marine and wildlife
habitats, beaches, and coastal wetlands of the Gulf Coast region.
(IV) Projects that restore long-term resiliency of the natural resources, ecosystems,
fisheries, marine and wildlife habitats, beaches, and coastal wetlands most impacted by the
Deepwater Horizon oil spill.
(E) Implementation
(i) In general
The Council, acting through the Federal agencies represented on the Council and Gulf
Coast States, shall expend funds made available from the Trust Fund to carry out projects and
programs adopted in the Comprehensive Plan.
(ii) Administrative responsibility
(I) In general
Primary authority and responsibility for each project and program included in the
Comprehensive Plan shall be assigned by the Council to a Gulf Coast State represented on
the Council or a Federal agency.
(II) Transfer of amounts
Amounts necessary to carry out each project or program included in the Comprehensive
Plan shall be transferred by the Secretary of the Treasury from the Trust Fund to that
Federal agency or Gulf Coast State as the project or program is implemented, subject to
such conditions as the Secretary of the Treasury, in consultation with the Secretary of the
Interior and the Secretary of Commerce, established pursuant to section 1602 of the
Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012.
(III) Limitation on transfers
(aa) Grants to nongovernmental entities
In the case of funds transferred to a Federal or State agency under subclause (II), the
agency shall not make 1 or more grants or cooperative agreements to a nongovernmental
entity if the total amount provided to the entity would equal or exceed 10 percent of the
total amount provided to the agency for that particular project or program, unless the 1
or more grants have been reported in accordance with item (bb).
(bb) Reporting of grantees
At least 30 days prior to making a grant or entering into a cooperative agreement
described in item (aa), the name of each grantee, including the amount and purpose of
each grant or cooperative agreement, shall be published in the Federal Register and
delivered to the congressional committees listed in subparagraph (C)(vii)(VII)(ff).
(cc) Annual reporting of grantees
Annually, the name of each grantee, including the amount and purposes of each grant
or cooperative agreement, shall be published in the Federal Register and delivered to
Congress as part of the report submitted pursuant to subparagraph (C)(vii)(VII).
(IV) Project and program limitation
The Council, a Federal agency, or a State may not carry out a project or program funded
under this paragraph outside of the Gulf Coast region.
(F) Coordination
The Council and the Federal members of the Council may develop memoranda of
understanding establishing integrated funding and implementation plans among the member
agencies and authorities.
(3) Oil spill restoration impact allocation
(A) In general
(i) Disbursement
Of the total amount made available from the Trust Fund, 30 percent shall be disbursed
pursuant to the formula in clause (ii) to the Gulf Coast States on the approval of the plan
described in subparagraph (B)(i).
(ii) Formula
Subject to subparagraph (B), for each Gulf Coast State, the amount disbursed under this
paragraph shall be based on a formula established by the Council by regulation that is based
on a weighted average of the following criteria:
(I) 40 percent based on the proportionate number of miles of shoreline in each Gulf
Coast State that experienced oiling on or before April 10, 2011, compared to the total
number of miles of shoreline that experienced oiling as a result of the Deepwater Horizon
oil spill.
(II) 40 percent based on the inverse proportion of the average distance from the mobile
offshore drilling unit Deepwater Horizon at the time of the explosion to the nearest and
farthest point of the shoreline that experienced oiling of each Gulf Coast State.
(III) 20 percent based on the average population in the 2010 decennial census of coastal
counties bordering the Gulf of Mexico within each Gulf Coast State.
(iii) Minimum allocation
The amount disbursed to a Gulf Coast State for each fiscal year under clause (ii) shall be at
least 5 percent of the total amounts made available under this paragraph.
(B) Disbursement of funds
(i) In general
The Council shall disburse amounts to the respective Gulf Coast States in accordance with
the formula developed under subparagraph (A) for projects, programs, and activities that will
improve the ecosystems or economy of the Gulf Coast region, subject to the condition that
each Gulf Coast State submits a plan for the expenditure of amounts disbursed under this
paragraph that meets the following criteria:
(I) All projects, programs, and activities included in the plan are eligible activities
pursuant to clauses (i) and (ii) of paragraph (1)(B).
(II) The projects, programs, and activities included in the plan contribute to the overall
economic and ecological recovery of the Gulf Coast.
(III) The plan takes into consideration the Comprehensive Plan and is consistent with the
goals and objectives of the Plan, as described in paragraph (2)(B)(i).
(ii) Funding
(I) In general
Except as provided in subclause (II), the plan described in clause (i) may use not more
than 25 percent of the funding made available for infrastructure projects eligible under
subclauses (VI) and (VII) of paragraph (1)(B)(i).
(II) Exception
The plan described in clause (i) may propose to use more than 25 percent of the funding
made available for infrastructure projects eligible under subclauses (VI) and (VII) of
paragraph (1)(B)(i) if the plan certifies that—
(aa) ecosystem restoration needs in the State will be addressed by the projects in the
proposed plan; and
(bb) additional investment in infrastructure is required to mitigate the impacts of the
Deepwater Horizon Oil Spill to the ecosystem or economy.
(iii) Development
The plan described in clause (i) shall be developed by—
(I) in the State of Alabama, the Alabama Gulf Coast Recovery Council established
under paragraph (1)(F)(i);
(II) in the State of Florida, a consortia 4 of local political subdivisions that includes at a
minimum 1 representative of each affected county;
(III) in the State of Louisiana, the Coastal Protection and Restoration Authority of
Louisiana;
(IV) in the State of Mississippi, the Office of the Governor or an appointee of the Office
of the Governor; and
(V) in the State of Texas, the Office of the Governor or an appointee of the Office of the
Governor.
(iv) Approval
Not later than 60 days after the date on which a plan is submitted under clause (i), the
Council shall approve or disapprove the plan based on the conditions of clause (i).
(C) Disapproval
If the Council disapproves a plan pursuant to subparagraph (B)(iv), the Council shall—
(i) provide the reasons for disapproval in writing; and
(ii) consult with the State to address any identified deficiencies with the State plan.
(D) Failure to submit adequate plan
If a State fails to submit an adequate plan under this paragraph, any funds made available
under this paragraph shall remain in the Trust Fund until such date as a plan is submitted and
approved pursuant to this paragraph.
(E) Judicial review
If the Council fails to approve or take action within 60 days on a plan, as described in
subparagraph (B)(iv), the State may obtain expedited judicial review within 90 days of that
decision in a district court of the United States, of appropriate jurisdiction and venue, that is
located within the State seeking the review.
(F) Cost-sharing
(i) In general
A Gulf Coast State or coastal political subdivision may use, in whole or in part, amounts
made available to that Gulf Coast State or coastal political subdivision under this paragraph
to satisfy the non-Federal share of any project or program that—
(I) is authorized by other Federal law; and
(II) is an eligible activity described in clause (i) or (ii) of paragraph (1)(B).
(ii) Effect on other funds
The use of funds made available from the Trust Fund under this paragraph to satisfy the
non-Federal share of the cost of a project or program described in clause (i) shall not affect
the priority in which other Federal funds are allocated or awarded.
(4) Authorization of interest transfers
Of the total amount made available for any fiscal year from the Trust Fund that is equal to the
interest earned by the Trust Fund and proceeds from investments made by the Trust Fund in the
preceding fiscal year—
(A) 50 percent shall be divided equally between—
(i) the Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and
Technology program authorized in section 1604 of the Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of
2012; and
(ii) the centers of excellence research grants authorized in section 1605 of that Act; and
(B) 50 percent shall be made available to the Gulf Coast Ecosystem Restoration Council to
carry out the Comprehensive Plan pursuant to paragraph (2).
(June 30, 1948, ch. 758, title III, §311, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 862;
amended Pub. L. 93–207, §1(4), Dec. 28, 1973, 87 Stat. 906; Pub. L. 95–217, §§57, 58(a)–(g), (i),
(k)–(m), Dec. 27, 1977, 91 Stat. 1593–1596; Pub. L. 95–576, §1(b), Nov. 2, 1978, 92 Stat. 2467;
Pub. L. 96–478, §13(b), Oct. 21, 1980, 94 Stat. 2303; Pub. L. 96–483, §8, Oct. 21, 1980, 94 Stat.
2362; Pub. L. 96–561, title II, §238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 97–164, title I, §161(5),
Apr. 2, 1982, 96 Stat. 49; Pub. L. 100–4, title V, §502(b), Feb. 4, 1987, 101 Stat. 75; Pub. L.
101–380, title II, §2002(b), title IV, §§4201(a), (b), (b)[(c)], 4202(a), (c), 4204, 4301(a), (b), 4305,
4306, Aug. 18, 1990, 104 Stat. 507, 523–527, 532, 533, 540, 541; Pub. L. 102–388, title III, §349,
Oct. 6, 1992, 106 Stat. 1554; Pub. L. 102–572, title IX, §902(b)(1), Oct. 29, 1992, 106 Stat. 4516;
Pub. L. 104–208, div. A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41;
Pub. L. 104–324, title XI, §§1143, 1144, Oct. 19, 1996, 110 Stat. 3992; Pub. L. 105–383, title IV,
§411, Nov. 13, 1998, 112 Stat. 3432; Pub. L. 108–293, title VII, §701(a), (b), (d), Aug. 9, 2004, 118
Stat. 1067, 1068; Pub. L. 109–241, title VI, §608, title IX, §901(i), July 11, 2006, 120 Stat. 558, 564;
Pub. L. 112–90, §10, Jan. 3, 2012, 125 Stat. 1912; Pub. L. 112–141, div. A, title I, §1603, July 6,
2012, 126 Stat. 589; Pub. L. 113–281, title III, §313, Dec. 18, 2014, 128 Stat. 3048; Pub. L. 115–91,
div. C, title XXXV, §3508(b)(2), Dec. 12, 2017, 131 Stat. 1916; Pub. L. 115–232, div. C, title
XXXV, §3541(b)(5), Aug. 13, 2018, 132 Stat. 2323.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 1001 of the Oil Pollution Act, referred to in subsec. (a)(11), probably means section 1001 of Pub. L.
101–380, known as the Oil Pollution Act of 1990, which is classified to section 2701 of this title.
The Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf
Coast States Act of 2012, referred to in subsecs. (a)(35) and (t)(2)(C)(vii)(IV), (VII)(ee), (D)(ii)(III), (IV)(bb),
(E)(ii)(II), (4)(A), is subtitle F (§§1601–1608) of title I of div. A of Pub. L. 112–141, July 6, 2012, 126 Stat.
588, which is set out as a note below.
The Outer Continental Shelf Lands Act, referred to in subsecs. (b)(1), (2)(A), (3) and (r), is act Aug. 7,
1953, ch. 345, 67 Stat. 462, as amended, which is classified generally to subchapter III (§1331 et seq.) of
chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note
set out under section 1301 of Title 43 and Tables.
The Deepwater Port Act of 1974, referred to in subsecs. (b)(1), (2)(A), (3) and (r), is Pub. L. 93–627, Jan. 3,
1975, 88 Stat. 2126, as amended, which is classified generally to chapter 29 (§1501 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and
Tables.
The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b)(1), (2)(A),
(3), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, as amended, which is classified principally to chapter 38
(§1801 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title
note set out under section 1801 of Title 16 and Tables.
The date of enactment of this paragraph, referred to in subsec. (b)(2)(B), probably means the date of
enactment of Pub. L. 95–576, which amended subsec. (b)(2)(B) and which was approved Nov. 2, 1978.
The penalty enacted in subclause (bb) of clause (iii) of subparagraph (B) of subsection (b)(2) of section 311
of Public Law 92–500, referred to in subsec. (b)(2)(B), probably means the penalty provision of subsec.
(b)(2)(B)(iii)(bb) of this section as added by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 864, prior to the
amendment to subsec. (b)(2)(B) by section 1(b)(3) of Pub. L. 95–576. Prior to amendment, subsec.
(b)(2)(B)(iii)(bb) read as follows: "a penalty determined by the number of units discharged multiplied by the
amount established for such unit under clause (iv) of this subparagraph, but such penalty shall not be more
than $5,000,000 in the case of a discharge from a vessel and $500,000 in the case of a discharge from an
onshore or offshore facility."
Section 4367 of the Revised Statutes of the United States (46 U.S.C. App. 313), referred to in subsec.
(b)(12)(B), was repealed by Pub. L. 103–182, title VI, §690(a)(21), Dec. 8, 1993, 107 Stat. 2223.
Section 1443 of title 19, referred to in subsec. (b)(12)(C), was repealed by Pub. L. 103–182, title VI,
§690(b)(6), Dec. 8, 1993, 107 Stat. 2223.
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in
subsec. (c)(4)(B)(ii), is Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is classified
principally to chapter 103 (§9601 et seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set out under section 9601 of Title 42 and Tables.
The Oil Pollution Act of 1990, referred to in subsecs. (c)(5)(B), (d)(2)(H), and (j)(5)(H), is Pub. L.
101–380, Aug. 18, 1990, 104 Stat. 484, which is classified principally to chapter 40 (§2701 et seq.) of this
title. Title I of the Act is classified generally to subchapter I (§2701 et seq.) of chapter 40 of this title. For
complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and
Tables.
Subsection (c)(2) of this section, referred to in subsec. (j)(1), was generally amended by Pub. L. 101–380,
title IV, §4201(a), Aug. 18, 1990, 104 Stat. 523, and no longer contains provisions establishing a National
Contingency Plan. However, such provisions are contained in subsec. (d) of this section.
Par. (3) of section 1901(a) of this title, referred to in subsec. (j)(5)(B), was redesignated par. (4) by Pub. L.
110–280, §3(1), July 21, 2008, 122 Stat. 2611.
Subsection (i)(l), referred to in subsec. (n), probably should be "subsection (i)(1)". The par. (1) designation
was struck out from subsec. (i) by Pub. L. 101–380, title II, §2002(b)(1), Aug. 18, 1990, 104 Stat. 507.
The Federal Advisory Committee Act, referred to in subsec. (t)(2)(C)(viii), is Pub. L. 92–463, Oct. 6, 1972,
86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.
CODIFICATION
In subsec. (b)(12)(A), "section 60105 of title 46" substituted for "section 4197 of the Revised Statutes of the
United States (46 App. U.S.C. 91)" on authority of Pub. L. 109–304, §18(c), Oct. 6, 2006, 120 Stat. 1709,
which Act enacted section 60105 of Title 46, Shipping.
AMENDMENTS
2018—Subsec. (a)(26)(D). Pub. L. 115–232 substituted "section 2101(23)" for "section 2101(17a)".
2017—Subsec. (a)(11). Pub. L. 115–91 substituted "any facility" for "and any facility" and inserted ", and,
for the purposes of applying subsections (b), (c), (e), and (o), any foreign offshore unit (as defined in section
1001 of the Oil Pollution Act) or any other facility located seaward of the exclusive economic zone" after
"public vessel".
2014—Subsec. (j)(4)(A). Pub. L. 113–281, §313(1), substituted "qualified—" for "qualified personnel of
Federal, State, and local agencies." in introductory provisions and added cls. (i) and (ii).
Subsec. (j)(4)(B)(ii). Pub. L. 113–281, §313(2), substituted ", local, and tribal" for "and local" and "wildlife,
including advance planning with respect to the closing and reopening of fishing areas following a discharge;"
for "wildlife;".
Subsec. (j)(4)(B)(iii). Pub. L. 113–281, §313(3), substituted ", local, and tribal" for "and local".
Subsec. (j)(4)(C)(iv). Pub. L. 113–281, §313(4)(A), substituted ", Federal, State, and local agencies, and
tribal governments" for "and Federal, State, and local agencies".
Subsec. (j)(4)(C)(vii) to (ix). Pub. L. 113–281, §313(4)(B), (C), added cl. (vii) and redesignated former cls.
(vii) and (viii) as (viii) and (ix), respectively.
2012—Subsec. (a)(27) to (35). Pub. L. 112–141, §1603(1), added pars. (27) to (35).
Subsec. (b)(6)(A). Pub. L. 112–90, §10(b), substituted "operating, the Secretary of Transportation, or" for
"operating or" in concluding provisions.
Subsec. (m)(2)(A), (B). Pub. L. 112–90, §10(a), which directed amendment of subpars. (A) and (B) by
substituting "Administrator, the Secretary of Transportation, or" for "Administrator or" was executed by
making the substitution the first place appearing in each subpar., to reflect the probable intent of Congress.
Subsec. (s). Pub. L. 112–141, §1603(2), inserted "except as provided in subsection (t)" before period at end.
Subsec. (t). Pub. L. 112–141, §1603(3), added subsec. (t).
2006—Subsec. (a)(26). Pub. L. 109–241, §608, amended par. (26) generally. Prior to amendment, par. (26)
read as follows: " 'nontank vessel' means a self-propelled vessel of 400 gross tons as measured under section
14302 of title 46 or greater, other than a tank vessel, that carries oil of any kind as fuel for main propulsion
and that—
"(A) is a vessel of the United States; or
"(B) operates on the navigable waters of the United States."
Subsec. (j)(5)(A)(ii), (B), (F), and (G). Pub. L. 109–241, §901(i)(1), substituted "nontank" for "non-tank"
wherever appearing.
Subsec. (j)(5)(H). Pub. L. 109–241, §901(i)(2), amended directory language of Pub. L. 108–293,
§701(b)(9). See 2004 Amendment note below.
2004—Subsec. (a)(26). Pub. L. 108–293, §701(a), added par. (26).
Subsec. (j)(5). Pub. L. 108–293, §701(b)(1), inserted ", nontank vessel," after "vessel" in heading.
Subsec. (j)(5)(A). Pub. L. 108–293, §701(b)(2), (d)(3), designated existing text as cl. (i), substituted
"subparagraph (C)" for "subparagraph (B)", and added cl. (ii).
Subsec. (j)(5)(B). Pub. L. 108–293, §701(d)(2), added subpar. (B). Former subpar. (B) redesignated (C).
Pub. L. 108–293, §701(b)(3), (4), inserted ", nontank vessels," after "vessels" in introductory provisions,
added cl. (ii), and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively.
Subsec. (j)(5)(C). Pub. L. 108–293, §701(d)(1), (4), redesignated subpar. (B) as (C) and substituted
"subparagraphs (A) and (B)" for "subparagraph (A)" in introductory provisions. Former subpar. (C)
redesignated (D).
Subsec. (j)(5)(D). Pub. L. 108–293, §701(d)(1), redesignated subpar. (C) as (D). Former subpar (D)
redesignated (E).
Pub. L. 108–293, §701(b)(5), inserted ", nontank vessel," after "vessel" in introductory provisions and
added cl. (v).
Subsec. (j)(5)(E). Pub. L. 108–293, §701(d)(1), redesignated subpar. (D) as (E). Former subpar. (E)
redesignated (F).
Pub. L. 108–293, §701(b)(6), inserted "non-tank vessel," after "vessel," in two places.
Subsec. (j)(5)(F). Pub. L. 108–293, §701(d)(1), (5), redesignated subpar. (E) as (F) and substituted
"subparagraph (E)," for "subparagraph (D)," in cl. (i). Former subpar. (F) redesignated (G).
Pub. L. 108–293, §701(b)(7), inserted "non-tank vessel," after "vessel," and substituted "vessel, non-tank
vessel, or" for "vessel or".
Subsec. (j)(5)(G). Pub. L. 108–293, §701(d)(1), redesignated subpar. (F) as (G). Former subpar. (G)
redesignated (H).
Pub. L. 108–293, §701(b)(8), inserted "nontank vessel," after "vessel,".
Subsec. (j)(5)(H). Pub. L. 108–293, §701(d)(1), redesignated subpar. (G) as (H). Former subpar. (H)
redesignated (I).
Pub. L. 108–293, §701(b)(9), as amended by Pub. L. 109–241, §901(i)(2), inserted "and nontank vessel"
after "each tank vessel".
Subsec. (j)(5)(I). Pub. L. 108–293, §701(d)(1), redesignated subpar. (H) as (I).
Subsec. (j)(6). Pub. L. 108–293, §701(b)(10), substituted "The President may require—" for "Not later than
2 years after August 18, 1990, the President shall require—" in introductory provisions.
Subsec. (j)(6)(B). Pub. L. 108–293, §701(b)(11), inserted ", and nontank vessels carrying oil of any kind as
fuel for main propulsion," after "cargo".
Subsec. (j)(7). Pub. L. 108–293, §701(b)(12), inserted ", nontank vessel," after "vessel".
1998—Subsec. (a)(2). Pub. L. 105–383, §411(b), substituted ", (C)" for "and (C)" and inserted ", and (D)
discharges incidental to mechanical removal authorized by the President under subsection (c) of this section"
before semicolon at end.
Subsec. (a)(8). Pub. L. 105–383, §411(a)(1), substituted "to prevent, minimize, or mitigate damage" for "to
minimize or mitigate damage".
Subsec. (a)(25). Pub. L. 105–383, §411(a)(2), added par. (25).
Subsec. (c)(4)(A). Pub. L. 105–383, §411(a)(3), inserted "relating to a discharge or a substantial threat of a
discharge of oil or a hazardous substance" before period at end.
1996—Subsec. (b)(1), (2)(A), (3). Pub. L. 104–208 substituted "Magnuson-Stevens Fishery" for
"Magnuson Fishery" wherever appearing.
Subsec. (c)(3)(B). Pub. L. 104–324, §1144, inserted ", except that the owner or operator may deviate from
the applicable response plan if the President or the Federal On-Scene Coordinator determines that deviation
from the response plan would provide for a more expeditious or effective response to the spill or mitigation of
its environmental effects" before period at end.
Subsec. (j)(2)(A). Pub. L. 104–324, §1143(1), inserted "and of information regarding previous spills,
including data from universities, research institutions, State governments, and other nations, as appropriate,
which shall be disseminated as appropriate to response groups and area committees, and" after "paragraph
(4),".
Subsec. (j)(4)(C)(v). Pub. L. 104–324, §1143(2), inserted "compile a list of local scientists, both inside and
outside Federal Government service, with expertise in the environmental effects of spills of the types of oil
typically transported in the area, who may be contacted to provide information or, where appropriate,
participate in meetings of the scientific support team convened in response to a spill, and" before "describe".
1992—Subsec. (b)(12). Pub. L. 102–388 added par. (12).
Subsec. (i). Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States Claims
Court".
1990—Subsec. (a)(8). Pub. L. 101–380, §4201(b)(1)[(c)(1)], inserted "containment and" after "refers to".
Subsec. (a)(16). Pub. L. 101–380, §4201(b)(2)[(c)(2)], substituted semicolon for period at end.
Subsec. (a)(17). Pub. L. 101–380, §4201(b)(3)[(c)(3)], substituted "otherwise" for "Otherwise" and
semicolon for period at end.
Subsec. (a)(18) to (24). Pub. L. 101–380, §4201(b)(4)[(c)(4)], added pars. (18) to (24).
Subsec. (b)(4). Pub. L. 101–380, §4204, inserted "or the environment" after "the public health or welfare".
Subsec. (b)(5). Pub. L. 101–380, §4301(a), inserted after first sentence "The Federal agency shall
immediately notify the appropriate State agency of any State which is, or may reasonably be expected to be,
affected by the discharge of oil or a hazardous substance.", substituted "fined in accordance with title 18,
United States Code, or imprisoned for not more than 5 years, or both" for "fined not more than $10,000, or
imprisoned for not more than one year, or both", struck out "or information obtained by the exploitation of
such notification" before "shall not be used", and inserted "natural" before "person in any".
Subsec. (b)(6) to (11). Pub. L. 101–380, §4301(b), added pars. (6) to (11) and struck out former par. (6)
which related to assessment of civil penalties, limited to $5,000 for each offense, against any owner, operator,
or person in charge of any onshore or offshore facility from which oil or a hazardous substance was
discharged in violation of par. (3).
Subsec. (c). Pub. L. 101–380, §4201(a), amended subsec. (c) generally, substituting present provisions for
provisions authorizing President to arrange for removal of discharge of oil or a hazardous substance into or
upon the navigable waters of the U.S., unless he determined such removal would be properly conducted by
owner or operator of the vessel causing discharge, and directed President to prepare and publish a National
Contingency Plan within 60 days after October 18, 1972.
Subsec. (d). Pub. L. 101–380, §4201(b), amended subsec. (d) generally. Prior to amendment, subsec. (d)
read as follows: "Whenever a marine disaster in or upon the navigable waters of the United States has created
a substantial threat of a pollution hazard to the public health or welfare of the United States, including, but not
limited to, fish, shellfish, and wildlife and the public and private shorelines and beaches of the United States,
because of a discharge, or an imminent discharge, of large quantities of oil, or of a hazardous substance from a
vessel the United States may (A) coordinate and direct all public and private efforts directed at the removal or
elimination of such threat; and (B) summarily remove, and, if necessary, destroy such vessel by whatever
means are available without regard to any provisions of law governing the employment of personnel or the
expenditure of appropriated funds. Any expense incurred under this subsection or under the Intervention on
the High Seas Act (or the convention defined in section 2(3) thereof) shall be a cost incurred by the United
States Government for the purposes of subsection (f) in the removal of oil or hazardous substance."
Subsec. (e). Pub. L. 101–380, §4306, amended subsec. (e) generally. Prior to amendment, subsec. (e) read
as follows: "In addition to any other action taken by a State or local government, when the President
determines there is an imminent and substantial threat to the public health or welfare of the United States,
including, but not limited to, fish, shellfish, and wildlife and public and private property, shorelines, and
beaches within the United States, because of an actual or threatened discharge of oil or hazardous substance
into or upon the navigable waters of the United States from an onshore or offshore facility, the President may
require the United States attorney of the district in which the threat occurs to secure such relief as may be
necessary to abate such threat, and the district courts of the United States shall have jurisdiction to grant such
relief as the public interest and the equities of the case may require."
Subsec. (i). Pub. L. 101–380, §2002(b)(1), struck out par. (1) designation before "In any case" and struck
out pars. (2) and (3) which read as follows:
"(2) The provisions of this subsection shall not apply in any case where liability is established pursuant to
the Outer Continental Shelf Lands Act, or the Deepwater Port Act of 1974.
"(3) Any amount paid in accordance with a judgment of the United States Claims Court pursuant to this
section shall be paid from the funds established pursuant to subsection (k)."
Subsec. (j). Pub. L. 101–380, §4202(a), amended heading, inserted heading for par. (1) and realigned its
margin, added pars. (2) to (8), and struck out former par. (2) which read as follows: "Any owner or operator of
a vessel or an onshore facility or an offshore facility and any other person subject to any regulation issued
under paragraph (1) of this subsection who fails or refuses to comply with the provisions of any such
regulations, shall be liable to a civil penalty of not more than $5,000 for each such violation. This paragraph
shall not apply to any owner or operator of any vessel from which oil or a hazardous substance is discharged
in violation of paragraph (3)(ii) of subsection (b) unless such owner, operator, or person in charge is otherwise
subject to the jurisdiction of the United States. Each violation shall be a separate offense. The President may
assess and compromise such penalty. No penalty shall be assessed until the owner, operator, or other person
charged shall have been given notice and an opportunity for a hearing on such charge. In determining the
amount of the penalty, or the amount agreed upon in compromise, the gravity of the violation, and the
demonstrated good faith of the owner, operator, or other person charged in attempting to achieve rapid
compliance, after notification of a violation, shall be considered by the President."
Subsec. (k). Pub. L. 101–380, §2002(b)(2), struck out subsec. (k) which authorized appropriations and
supplemental appropriations to create and maintain a revolving fund to carry out subsecs. (c), (d), (i), and (l)
of this section.
Subsec. (l). Pub. L. 101–380, §2002(b)(3), struck out after first sentence "Any moneys in the fund
established by subsection (k) of this section shall be available to such Federal departments, agencies, and
instrumentalities to carry out the provisions of subsections (c) and (i) of this section."
Subsec. (m). Pub. L. 101–380, §4305, amended subsec. (m) generally. Prior to amendment, subsec. (m)
read as follows: "Anyone authorized by the President to enforce the provisions of this section may, except as
to public vessels, (A) board and inspect any vessel upon the navigable waters of the United States or the
waters of the contiguous zone, (B) with or without a warrant arrest any person who violates the provisions of
this section or any regulation issued thereunder in his presence or view, and (C) execute any warrant or other
process issued by an officer or court of competent jurisdiction."
Subsec. (o)(2). Pub. L. 101–380, §4202(c), inserted ", or with respect to any removal activities related to
such discharge" after "within such State".
Subsec. (p). Pub. L. 101–380, §2002(b)(4), struck out subsec. (p) which provided for establishment and
maintenance of evidence of financial responsibility by vessels over 300 gross tons carrying oil or hazardous
substances.
Subsec. (s). Pub. L. 101–380, §2002(b)(5), added subsec. (s).
1987—Subsec. (a)(5). Pub. L. 100–4 substituted "the Commonwealth of the Northern Mariana Islands" for
"the Canal Zone".
1982—Subsec. (i)(1), (3). Pub. L. 97–164 substituted "Claims Court" for "Court of Claims".
1980—Subsec. (b)(1), (2)(A), (3). Pub. L. 96–561 substituted "Magnuson Fishery Conservation and
Management Act" for "Fishery Conservation and Management Act of 1976".
Subsec. (b)(3)(A). Pub. L. 96–478 struck out "of oil" after "in the case of such discharges" and substituted
"Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973"
for "International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended".
Subsec. (c)(1). Pub. L. 96–561 substituted "Magnuson Fishery Conservation and Management Act" for
"Fishery Conservation and Management Act of 1976".
Subsec. (k). Pub. L. 96–483 designated existing provisions as par. (1) and added par. (2).
1978—Subsec. (a)(2). Pub. L. 95–576, §1(b)(1), excluded discharges described in cls. (A) to (C) from term
"discharge".
Subsec. (a)(17). Pub. L. 95–576, §1(b)(2), added par. (17).
Subsec. (b)(2)(B). Pub. L. 95–576, §1(b)(3), substituted requirement that a study be made respecting
methods, mechanisms, and procedures for creating incentives to achieve higher standard of care in
management and movement of hazardous substances, including consideration of enumerated items, and a
report made to Congress within 18 months after Nov. 2, 1978, for provisions concerning actual removability
of any designated hazardous substance, liability during two year period commencing Oct. 18, 1972 based on
toxicity, degradability, and dispersal characteristics of the substance limited to $50,000 and without limitation
in cases of willful negligence or willful misconduct, liability after such two year period ranging from $500 to
$5,000 based on toxicity, etc., or liability for penalty determined by number of units discharged multiplied by
amount established for the unit limited to $5,000,000 in the case of a discharge from a vessel and to $500,000
in the case of a discharge from onshore or offshore facility, establishment by regulation of a unit of
measurement based upon the usual trade practice for each designated hazardous substance and establishment
for such unit a fixed monetary amount ranging from $100 to $1,000 based on toxicity, etc.
Subsec. (b)(3). Pub. L. 95–576, §1(b)(4), substituted "such quantities as may be harmful" for "harmful
quantities".
Subsec. (b)(4). Pub. L. 95–576, §1(b)(5), struck out ", to be issued as soon as possible after October 18,
1972," after "regulation" and substituted "substances" for "substance" and "discharge of which may be
harmful" for "discharge of which, at such times, locations, circumstances, and conditions, will be harmful".
Subsec. (b)(5). Pub. L. 95–576, §1(b)(6), inserted "at the time of the discharge" after "otherwise subject to
the jurisdiction of the United States".
Subsec. (b)(6)(A) to (E). Pub. L. 95–576, §1(b)(7), designated existing provisions as subpar. (A), inserted
"at the time of the discharge" after "jurisdiction of the United States", and added subpars. (B) to (E).
1977—Subsec. (a)(11). Pub. L. 95–217, §58(k), inserted ", and any facility of any kind which is subject to
the jurisdiction of the United States and is located in, on, or under any other waters," after "United States".
Subsec. (a)(15), (16). Pub. L. 95–217, §58(d)(1), added pars. (15) and (16).
Subsec. (b)(1). Pub. L. 95–217, §58(a)(1), inserted reference to activities under the Outer Continental Shelf
Lands Act or the Deepwater Port Act of 1974, or which may affect natural resources belonging to,
appertaining to, or under the exclusive management authority of the United States (including resources under
the Fishery Conservation and Management Act of 1976).
Subsec. (b)(2)(A). Pub. L. 95–217, §58(a)(2), inserted reference to activities under the Outer Continental
Shelf Lands Act or the Deepwater Port Act of 1974, or which may affect natural resources belonging to,
appertaining to, or under the exclusive management authority of the United States (including resources under
the Fishery Conservation and Management Act of 1976).
Subsec. (b)(2)(B)(v). Pub. L. 95–217, §57, added cl. (v).
Subsec. (b)(3). Pub. L. 95–217, §58(a)(3), (4), designated part of existing provisions preceding cl. (A) as cl.
(i) and added cl. (ii), and, in cl. (A), inserted "or which may affect natural resources belonging to, appertaining
to, or under the exclusive management authority of the United States (including resources under the Fishery
Conservation and Management Act of 1976)" after "waters of the contiguous zone" and struck out "article IV
of" before "the International Convention for the Prevention of Pollution of the Sea by Oil, 1954".
Subsec. (b)(4). Pub. L. 95–217, §58(a)(5), struck out provisions under which, in the case of the discharge of
oil into or upon the waters of the contiguous zone, only those discharges which threatened the fishery
resources of the contiguous zone or threatened to pollute or contribute to the pollution of the territory or the
territorial sea of the United States could be determined to be harmful.
Subsec. (b)(5). Pub. L. 95–217, §58(a)(6), added cls. (A), (B), and (C) between "Any such person" and
"who fails to notify".
Subsec. (b)(6). Pub. L. 95–217, §58(a)(7), (8), substituted "Any owner, operator, or person in charge of any
onshore facility, or offshore facility" for "Any owner or operator of any vessel, onshore facility, or offshore
facility" in provision relating to violations of par. (3) of this subsection, and inserted provisions directing the
assessment of a civil penalty of not more than $5,000 for each offense by the Secretary of the department in
which the Coast Guard is operating to be assessed against any owner, operator, or person in charge of any
vessel from which oil or a hazardous substance is discharged in violation of paragraph (3)(i) of this
subsection, and any owner, operator, or person in charge of a vessel from which oil or a hazardous substance
is discharged in violation of paragraph (3)(ii) who is otherwise subject to the jurisdiction of the United States.
Subsec. (c)(1). Pub. L. 95–217, §58(b), (c)(1), inserted "or there is a substantial threat of such discharge,"
after "Whenever any oil or a hazardous substance is discharged," and "or in connection with activities under
the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or which may affect natural
resources belonging to, appertaining to, or under the exclusive management authority of the United States
(including resources under the Fishery Conservation and Management Act of 1976)" after "waters of the
contiguous zone,".
Subsec. (c)(2)(D). Pub. L. 95–217, §58(e), substituted "and imminent threats of such discharges to the
appropriate State and Federal agencies;" for "to the appropriate Federal agency;".
Subsec. (d). Pub. L. 95–217, §58(c)(2), inserted "or under the Intervention on the High Seas Act (or the
convention defined in section 2(3) thereof)" after "Any expense incurred under this subsection".
Subsec. (f)(1). Pub. L. 95–217, §58(d)(2), substituted ", in the case of an inland oil barge $125 per gross ton
of such barge, or $125,000, whichever is greater, and in the case of any other vessel, $150 per gross ton of
such vessel (or, for a vessel carrying oil or hazardous substances as cargo, $250,000), whichever is greater,"
for "$100 per gross ton of such vessel or $14,000,000, whichever is lesser,".
Subsec. (f)(2), (3). Pub. L. 95–217, §58(d)(5), (6), substituted "$50,000,000" for "$8,000,000".
Subsec. (f)(4), (5). Pub. L. 95–217, §58(g), added pars. (4) and (5).
Subsec. (g). Pub. L. 95–217, §58(d)(3), (f), substituted ", in the case of an inland oil barge $125 per gross
ton of such barge, or $125,000, whichever is greater, and in the case of any other vessel, $150 per gross ton of
such vessel (or, for a vessel carrying oil or hazardous substances as cargo, $250,000), whichever is greater"
for "$100 per gross ton of such vessel or $14,000,000, whichever is the lesser" in the existing provisions and
inserted provision under which, where the owner or operator of a vessel (other than an inland oil barge)
carrying oil or hazardous substances as cargo or an onshore or offshore facility which handles or stores oil or
hazardous substances in bulk, from which oil or a hazardous substance is discharged in violation of subsec. (b)
of this section, alleges that the discharge was caused solely by an act or omission of a third party, the owner or
operator must pay to the United States Government the actual costs incurred under subsec. (c) of this section
for removal of the oil or substance and shall be entitled by subrogation to all rights of the United States
Government to recover the costs from the third party under this subsection.
Subsec. (i)(2). Pub. L. 95–217, §58(m), inserted reference to the Deepwater Port Act of 1974.
Subsec. (j)(2). Pub. L. 95–217, §58(c)(3), inserted provision that subsec. (j)(2) shall not apply to any owner
or operator of any vessel from which oil or a hazardous substance is discharged in violation of subsec.
(b)(3)(ii) of this section unless the owner, operator, or person in charge is otherwise subject to the jurisdiction
of the United States.
Subsec. (k). Pub. L. 95–217, §58(l), substituted "such sums as may be necessary to maintain such fund at a
level of $35,000,000" for "not to exceed $35,000,000".
Subsec. (p)(1). Pub. L. 95–217, §58(d)(4), substituted ", in the case of an inland oil barge $125 per gross
ton of such barge, or $125,000, whichever is greater, and in the case of any other vessel, $150 per gross ton of
such vessel (or, for a vessel carrying oil or hazardous substances as cargo, $250,000), whichever is greater,"
for "$100 per gross ton, or $14,000,000 whichever is the lesser,".
Subsecs. (q), (r). Pub. L. 95–217, §58(i), added subsecs. (q) and (r).
1973—Subsec. (f). Pub. L. 93–207, §1(4)(A), (B), substituted "(b)(3)" for "(b)(2)" wherever appearing in
pars. (1) to (3), and substituted "Administrator" for "Secretary" in last sentence of par. (2).
Subsecs. (g), (i). Pub. L. 93–207, §1(4)(C), substituted "(b)(3)" for "(b)(2)" wherever appearing.
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Enforcement functions of Administrator or other official of the Environmental Protection Agency under this
section relating to spill prevention, containment and countermeasure plans with respect to pre-construction,
construction, and initial operation of transportation system for Canadian and Alaskan natural gas were
transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation
System, until the first anniversary of the date of initial operation of the Alaska Natural Gas Transportation
System, see Reorg. Plan No. 1 of 1979, §§102(a), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective
July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal
Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in
Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of
Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority
vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas
Transportation Projects by section 720d(f) of Title 15.
DELEGATION OF FUNCTIONS
For delegation of certain functions of President under this section, see Ex. Ord. No. 12580, Jan. 23, 1987,
52 F.R. 2923, as amended, set out as a note under section 9615 of Title 42, The Public Health and Welfare.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48,
Territories and Insular Possessions.
TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES
For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No.
7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.
EXECUTIVE ORDER NO. 11735
Ex. Ord. No. 11735, Aug. 3, 1973, 38 F.R. 21243, as amended by Ex. Ord. No. 12418, May 5, 1983, 48
F.R. 20891, which assigned functions of the President regarding water pollution, was revoked by Ex. Ord. No.
12777, §8(i), Oct. 18, 1991, 56 F.R. 54769, set out below.
EXECUTIVE ORDER NO. 12418
Ex. Ord. No. 12418, May 5, 1983, 48 F.R. 20891, which transferred certain functions relating to the
financial responsibility of vessels for water pollution and established authority of Federal agencies to respond
to discharges or substantial threats of discharges of oil and hazardous substances, was revoked by Ex. Ord.
No. 12777, §8(i), Oct. 18, 1991, 56 F.R. 54769, set out below.
EX. ORD. NO. 12777. IMPLEMENTATION OF THIS SECTION AND OIL POLLUTION ACT OF
1990
Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54757, as amended by Ex. Ord. No. 13286, §34, Feb. 28, 2003,
68 F.R. 10625; Ex. Ord. No. 13638, §1, Mar. 15, 2013, 78 F.R. 17589, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America,
including Section 311 of the Federal Water Pollution Control Act, ("FWPCA") (33 U.S.C. 1321), as amended
by the Oil Pollution Act of 1990 (Public Law 101–380) ("OPA"), and by Section 301 of Title 3 of the United
States Code, it is hereby ordered as follows:
SECTION 1. National Contingency Plan, Area Committees, and Area Contingency Plans. (a) [Amended
Ex. Ord. No. 12580, set out as a note under section 9615 of Title 42, The Public Health and Welfare.]
(b) The functions vested in the President by Section 311(j)(4) of FWPCA, and Section 4202(b)(1) of OPA
[set out as a note above], respecting the designation of Areas, the appointment of Area Committee members,
the requiring of information to be included in Area Contingency Plans, and the review and approval of Area
Contingency Plans are delegated to the Administrator of the Environmental Protection Agency
("Administrator") for the inland zone and the Secretary of the Department in which the Coast Guard is
operating for the coastal zone (inland and coastal zones are defined in the NCP).
SEC. 2. National Response System. (a) The functions vested in the President by Section 311(j)(1)(A) of
FWPCA, respecting the establishment of methods and procedures for the removal of discharged oil and
hazardous substances, and by Section 311(j)(1)(B) of FWPCA respecting the establishment of criteria for the
development and implementation of local and regional oil and hazardous substance removal contingency
plans, are delegated to the Administrator for the inland zone and the Secretary of the Department in which the
Coast Guard is operating for the coastal zone.
(b)(1) The functions vested in the President by Section 311(j)(1)(C) of FWPCA, respecting the
establishment of procedures, methods, and equipment and other requirements for equipment to prevent and to
contain discharges of oil and hazardous substances from non-transportation-related onshore facilities, are
delegated to the Administrator.
(2) The functions vested in the President by Section 311(j)(1)(C) of FWPCA, respecting the establishment
of procedures, methods, and equipment and other requirements for equipment to prevent and to contain
discharges of oil and hazardous substances from vessels and transportation-related onshore facilities and
deepwater ports subject to the Deepwater Ports [Port] Act of 1974 ("DPA") [33 U.S.C. 1501 et seq.], are
delegated to the Secretary of Transportation and the Secretary of the Department in which the Coast Guard is
operating.
(3) The functions vested in the President by Section 311(j)(1)(C) of FWPCA, respecting the establishment
of procedures, methods, and equipment and other requirements for equipment to prevent and to contain
discharges of oil and hazardous substances from offshore facilities, including associated pipelines, other than
deepwater ports subject to the DPA, are delegated to the Secretary of the Interior.
(c) The functions vested in the President by Section 311(j)(1)(D) of FWPCA, respecting the inspection of
vessels carrying cargoes of oil and hazardous substances and the inspection of such cargoes, are delegated to
the Secretary of the Department in which the Coast Guard is operating.
(d)(1) The functions vested in the President by Section 311(j)(5) of FWPCA and Section 4202(b)(4) of
OPA [set out as a note above], respecting the issuance of regulations requiring the owners or operators of
non-transportation-related onshore facilities to prepare and submit response plans, the approval of means to
ensure the availability of private personnel and equipment, the review and approval of such response plans,
and the authorization of non-transportation-related onshore facilities to operate without approved response
plans, are delegated to the Administrator.
(2) The functions vested in the President by Section 311(j)(5) of FWPCA and Section 4202(b)(4) of OPA,
respecting the issuance of regulations requiring the owners or operators of tank vessels, transportation-related
onshore facilities and deepwater ports subject to the DPA, to prepare and submit response plans, the approval
of means to ensure the availability of private personnel and equipment, the review and approval of such
response plans, and the authorization of tank vessels, transportation-related onshore facilities and deepwater
ports subject to the DPA to operate without approved response plans, are delegated to the Secretary of
Transportation and the Secretary of the Department in which the Coast Guard is operating.
(3) The functions vested in the President by Section 311(j)(5) of FWPCA and Section 4202(b)(4) of OPA,
respecting the issuance of regulations requiring the owners or operators of offshore facilities, including
associated pipelines, other than deepwater ports subject to the DPA, to prepare and submit response plans, the
approval of means to ensure the availability of private personnel and equipment, the review and approval of
such response plans, and the authorization of offshore facilities, including associated pipelines, other than
deepwater ports subject to the DPA, to operate without approved response plans, are delegated to the
Secretary of the Interior.
(e)(1) The functions vested in the President by Section 311(j)(6)(A) of FWPCA, respecting the
requirements for periodic inspections of containment booms and equipment used to remove discharges at
non-transportation-related onshore facilities, are delegated to the Administrator.
(2) The functions vested in the President by Section 311(j)(6)(A) of FWPCA, respecting the requirements
for periodic inspections of containment booms and equipment used to remove discharges on vessels, and at
transportation-related onshore facilities and deepwater ports subject to the DPA, are delegated to the Secretary
of the Department in which the Coast Guard is operating.
(3) The functions vested in the President by Section 311(j)(6)(A) of FWPCA, respecting the requirements
for periodic inspections of containment booms and equipment used to remove discharges at offshore facilities,
including associated pipelines, other than deepwater ports subject to the DPA, are delegated to the Secretary
of the Interior.
(f) The functions vested in the President by Section 311(j)(6)(B) of FWPCA, respecting requirements for
vessels to carry appropriate removal equipment, are delegated to the Secretary of the Department in which the
Coast Guard is operating.
(g)(1) The functions vested in the President by Section 311(j)(7) of FWPCA, respecting periodic drills of
removal capability under relevant response plans for onshore and offshore facilities located in the inland zone,
and the publishing of annual reports on those drills, are delegated to the Administrator.
(2) The functions vested in the President by Section 311(j)(7) of FWPCA, respecting periodic drills of
removal capability under relevant response plans for tank vessels, and for onshore and offshore facilities
located in the coastal zone, and the publishing of annual reports on those drills, are delegated to the Secretary
of the Department in which the Coast Guard is operating.
(h) No provision of Section 2 of this order, including, but not limited to, any delegation or assignment of
any function hereunder, shall in any way affect, or be construed or interpreted to affect the authority of any
Department or agency, or the head of any Department or agency under any provision of law other than Section
311(j) of FWPCA or Section 4202(b)(4) of OPA.
(i) The functions vested in the President by Section 311(j) of FWPCA or Section 4202(b)(4) of OPA which
have been delegated or assigned by Section 2 of this order may be redelegated to the head of any Executive
department or agency with his or her consent.
SEC. 3. Removal. The functions vested in the President by Section 311(c) of FWPCA and Section 1011 of
OPA [33 U.S.C. 2711], respecting an effective and immediate removal or arrangement for removal of a
discharge and mitigation or prevention of a substantial threat of a discharge of oil or a hazardous substance,
the direction and monitoring of all Federal, State and private actions, the removal and destruction of a vessel,
the issuance of directions, consulting with affected trustees, and removal completion determinations, are
delegated to the Administrator for the inland zone and to the Secretary of the Department in which the Coast
Guard is operating for the coastal zone.
SEC. 4. Liability Limit Adjustment. (a)(1) The following functions vested in the President by section
1004(d) of OPA are delegated to the Secretary of the department in which the Coast Guard is operating, acting
in consultation with the Administrator, the Secretary of Transportation, the Secretary of the Interior, and the
Attorney General:
(A) the adjustment of the limits of liability listed in section 1004(a) of OPA for vessels, onshore
facilities, and deepwater ports subject to the DPA, to reflect significant increases in the Consumer Price
Index;
(B) the establishment of limits of liability under section 1004(d)(1), with respect to classes or
categories of marine transportation-related onshore facilities, and the adjustment of any such limits of
liability established under section 1004(d)(1), and of any limits of liability established under section
1004(d)(2) with respect to deepwater ports subject to the DPA, to reflect significant increases in the
Consumer Price Index; and
(C) the reporting to Congress on the desirability of adjusting limits of liability, with respect to vessels,
marine transportation-related onshore facilities, and deepwater ports subject to the DPA.
(2) The Administrator and the Secretary of Transportation will provide necessary regulatory analysis
support to ensure timely regulatory Consumer Price Index adjustments by the Secretary of the department in
which the Coast Guard is operating of the limits of liability listed in section 1004(a) of OPA for onshore
facilities under subparagraph (a)(1)(A) of this section.
(b) The following functions vested in the President by section 1004(d) of OPA are delegated to the
Administrator, acting in consultation with the Secretary of the department in which the Coast Guard is
operating, the Secretary of Transportation, the Secretary of the Interior, the Secretary of Energy, and the
Attorney General:
(1) the establishment of limits of liability under section 1004(d)(1), with respect to classes or categories of
non-transportation-related onshore facilities, and the adjustment of any such limits of liability established
under section 1004(d)(1) by the Administrator to reflect significant increases in the Consumer Price Index;
and
(2) the reporting to Congress on the desirability of adjusting limits of liability with respect to
non-transportation-related onshore facilities.
(c) The following functions vested in the President by section 1004(d) of OPA are delegated to the
Secretary of Transportation, acting in consultation with the Secretary of the department in which the Coast
Guard is operating, the Administrator, the Secretary of the Interior, and the Attorney General:
(1) the establishment of limits of liability under section 1004(d)(1), with respect to classes or categories of
non-marine transportation-related onshore facilities, and the adjustment of any such limits of liability
established under section 1004(d)(1) by the Secretary of Transportation to reflect significant increases in the
Consumer Price Index; and
(2) the reporting to Congress on the desirability of adjusting limits of liability, with respect to non-marine
transportation-related onshore facilities.
(d) The following functions vested in the President by section 1004(d) of OPA are delegated to the
Secretary of the Interior, acting in consultation with the Secretary of the department in which the Coast Guard
is operating, the Administrator, the Secretary of Transportation, and the Attorney General:
(1) the adjustment of limits of liability to reflect significant increases in the Consumer Price Index with
respect to offshore facilities, including associated pipelines, other than deepwater ports subject to the DPA;
and
(2) the reporting to Congress on the desirability of adjusting limits of liability with respect to offshore
facilities, including associated pipelines, other than deepwater ports subject to the DPA.
SEC. 5. Financial Responsibility. (a)(1) The functions vested in the President by Section 1016(e) of OPA
[33 U.S.C. 2716(e)], respecting (in the case of offshore facilities other than deepwater ports) the issuance of
regulations concerning financial responsibility, the determination of acceptable methods of financial
responsibility, and the specification of necessary or unacceptable terms, conditions, or defenses, are delegated
to the Secretary of the Interior.
(2) The functions vested in the President by Section 1016(e) of OPA, respecting (in the case of deepwater
ports) the issuance of regulations concerning financial responsibility, the determination of acceptable methods
of financial responsibility, and the specification of necessary or unacceptable terms, conditions, or defenses,
are delegated to the Secretary of the Department in which the Coast Guard is operating.
(b)(1) The functions vested in the President by Section 4303 of OPA [33 U.S.C. 2716a], respecting (in
cases involving vessels) the assessment of civil penalties, the compromising, modification or remission, with
or without condition, and the referral for collection of such imposed penalties, and requests to the Attorney
General to secure necessary judicial relief, are delegated to the Secretary of the Department in which the Coast
Guard is operating.
(2) The functions vested in the President by Section 4303 of OPA, respecting (in cases involving offshore
facilities other than deepwater ports) the assessment of civil penalties, the compromising, modification or
remission, with or without condition, and the referral for collection of such imposed penalties, and requests to
the Attorney General to secure necessary judicial relief, are delegated to the Secretary of the Interior.
(3) The functions vested in the President by Section 4303 of OPA, respecting (in cases involving deepwater
ports) the assessment of civil penalties, the compromising, modification or remission, with or without
condition, and the referral for collection of such imposed penalties, and requests to the Attorney General to
secure necessary judicial relief, are delegated to the Secretary of the Department in which the Coast Guard is
operating.
SEC. 6. Enforcement. (a) The functions vested in the President by Section 311(m)(1) of FWPCA,
respecting the enforcement of Section 311 with respect to vessels, are delegated to the Secretary of the
Department in which the Coast Guard is operating.
(b) The functions vested in the President by Section 311(e) of FWPCA, respecting determinations of
imminent and substantial threat, requesting the Attorney General to secure judicial relief, and other action
including issuing administrative orders, are delegated to the Administrator for the inland zone and to the
Secretary of the Department in which the Coast Guard is operating for the coastal zone.
SEC. 7. Management of the Oil Spill Liability Trust Fund and Claims. (a)(1)(A) The functions vested in the
President by Section 1012(a)(1), (3), and (4) of OPA [33 U.S.C. 2712(a)(1), (3), (4)] respecting payment of
removal costs and claims and determining consistency with the National Contingency Plan (NCP) are
delegated to the Secretary of the Department in which the Coast Guard is operating.
(B) The functions vested in the President by Section 6002(b) of the OPA [33 U.S.C. 2752(b)] respecting
making amounts, not to exceed $50,000,000 and subject to normal budget controls, in any fiscal year,
available from the Fund (i) to carry out Section 311(c) of FWPCA, and (ii) to initiate the assessment of natural
resources damages required under Section 1006 of OPA [33 U.S.C. 2706] are delegated to the Secretary of the
Department in which the Coast Guard is operating. Such Secretary shall make amounts available from the
Fund to initiate the assessment of natural resources damages exclusively to the Federal trustees designated in
the NCP. Such Federal trustees shall allocate such amounts among all trustees required to assess natural
resources damages under Section 1006 of OPA.
(2) The functions vested in the President by Section 1012(a)(2) of OPA [33 U.S.C. 2712(a)(2)], respecting
the payment of costs and determining consistency with the NCP, are delegated to the Federal trustees
designated in the NCP.
(3) The functions vested in the President by Section 1012(a)(5) of OPA, respecting the payment of costs
and expenses of departments and agencies having responsibility for the implementation, administration, and
enforcement of the Oil Pollution Act of 1990 and subsections (b), (c), (d), (j) and (l) of Section 311 of
FWPCA, are delegated to each head of such department and agency.
(b) The functions vested in the President by Section 1012(c) of OPA, respecting designation of Federal
officials who may obligate money, are delegated to each head of the departments and agencies to whom
functions have been delegated under section 7(a) of this order for the purpose of carrying out such functions.
(c)(1) The functions vested in the President by Section 1012(d) and (e) of OPA, respecting the obligation of
the Trust Fund on the request of a Governor or pursuant to an agreement with a State, entrance into
agreements with States, agreement upon terms and conditions, and the promulgation of regulations concerning
such obligation and entrance into such agreement, are delegated to the Secretary of the Department in which
the Coast Guard is operating, in consultation with the Administrator.
(2) The functions vested in the President by Section 1013(e) of OPA [33 U.S.C. 2713(e)], respecting the
promulgation and amendment of regulations for the presentation, filing, processing, settlement, and
adjudication of claims under OPA against the Trust Fund, are delegated to the Secretary of the Department in
which the Coast Guard is operating, in consultation with the Attorney General.
(3) The functions vested in the President by Section 1012(a) of OPA, respecting the payment of costs,
damages, and claims, delegated herein to the Secretary of the Department in which the Coast Guard is
operating, include, inter alia, the authority to process, settle, and administratively adjudicate such costs,
damages, and claims, regardless of amount.
(d)(1) The Coast Guard is designated the "appropriate agency" for the purpose of receiving the notice of
discharge of oil or hazardous substances required by Section 311(b)(5) of FWPCA, and the Secretary of the
Department in which the Coast Guard is operating is authorized to issue regulations implementing this
designation.
(2) The functions vested in the President by Section 1014 of OPA [33 U.S.C. 2714], respecting designation
of sources of discharges or threats, notification to responsible parties, promulgation of regulations respecting
advertisements, the advertisement of designation, and notification of claims procedures, are delegated to the
Secretary of the Department in which the Coast Guard is operating.
SEC. 8. Miscellaneous. (a) The functions vested in the President by Section 311(b)(3) and (4) of FWPCA,
as amended by the Oil Pollution Act of 1990, respecting the determination of quantities of oil and any
hazardous substances the discharge of which may be harmful to the public health or welfare or the
environment and the determinations of quantities, time, locations, circumstances, or conditions, which are not
harmful, are delegated to the Administrator.
(b) The functions vested in the President by Section 311(d)(2)(G) of FWPCA, respecting schedules of
dispersant, chemical, and other spill mitigating devices or substances, are delegated to the Administrator.
(c) The functions vested in the President by Section 1006(b)(3) and (4) of OPA [33 U.S.C. 2706(b)(3), (4)]
respecting the receipt of designations of State and Indian tribe trustees for natural resources are delegated to
the Administrator.
(d) The function vested in the President by Section 3004 of OPA [104 Stat. 508], with respect to
encouraging the development of an international inventory of equipment and personnel, is delegated to the
Secretary of the Department in which the Coast Guard is operating, in consultation with the Secretary of State.
(e) The functions vested in the President by Section 4113 of OPA [104 Stat. 516], respecting a study on the
use of liners or other secondary means of containment for onshore facilities, and the implementation of the
recommendations of the study, are delegated to the Administrator.
(f) The function vested in the President by Section 5002(c)(2)(D) of OPA [33 U.S.C. 2732(c)(2)(D)],
respecting the designating of an employee of the Federal Government who shall represent the Federal
Government on the Oil Terminal Facilities and Oil Tanker Operations Associations, is delegated to the
Secretary of the Department in which the Coast Guard is operating.
(g) The functions vested in the President by Section 5002(o) of OPA, respecting the annual certification of
alternative voluntary advisory groups, are delegated to the Secretary of the Department in which the Coast
Guard is operating.
(h) The function vested in the President by Section 7001(a)(3) of OPA [33 U.S.C. 2761(a)(3)], respecting
the appointment of Federal agencies to membership on the Interagency Coordinating Committee on Oil
Pollution Research, is delegated to the Secretary of the Department in which the Coast Guard is operating.
(i) Executive Order No. 11735 of August 3, 1973, Executive Order No. 12123 of February 26, 1979,
Executive Order No. 12418 of May 5, 1983 and the memorandum of August 24, 1990, delegating certain
authorities of the President under the Oil Pollution Act of 1990 are revoked.
SEC. 9. Consultation. Authorities and functions delegated or assigned by this order shall be exercised
subject to consultation with the Secretaries of departments and the heads of agencies with statutory
responsibilities which may be significantly affected, including, but not limited to, the Department of Justice.
SEC. 10. Litigation. (a) Notwithstanding any other provision of this order, any representation pursuant to or
under this order in any judicial proceedings shall be by or through the Attorney General. The conduct and
control of all litigation arising under the Oil Pollution Act of 1990 [see Short Title note set out under section
2701 of this title] shall be the responsibility of the Attorney General.
(b) Notwithstanding any other provision of this order, the authority under the Oil Pollution Act of 1990 to
require the Attorney General to commence litigation is retained by the President.
(c) Notwithstanding any other provision of this order, the Secretaries of the Departments of Transportation,
Commerce, Interior, Agriculture, the Secretary of the Department in which the Coast Guard is operating,
and/or the Administrator of the Environmental Protection Agency may request that the Attorney General
commence litigation under the Oil Pollution Act of 1990.
(d) The Attorney General, in his discretion, is authorized to require that, with respect to a particular oil spill,
an agency refrain from taking administrative enforcement action without first consulting with the Attorney
General.
EX. ORD. NO. 13626. GULF COAST ECOSYSTEM RESTORATION
Ex. Ord. No. 13626, Sept. 10, 2012, 77 F.R. 56749, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America,
including section 311 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C. 1321), section 1006 of
the Oil Pollution Act of 1990 (33 U.S.C. 2706), and section 301 of title 3, United States Code, it is hereby
ordered as follows:
SECTION 1. Policy. Executive Order 13554 of October 5, 2010, was issued after the blowout and
explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and
resulted in the largest oil spill in U.S. history (Deepwater Horizon Oil Spill). Executive Order 13554
recognized the Gulf Coast as a national treasure and addressed the longstanding ecological decline of that
region, which was compounded by the Deepwater Horizon Oil Spill. In doing so, Executive Order 13554
established a Gulf Coast Ecosystem Restoration Task Force (Task Force) to coordinate intergovernmental
efforts, planning, and the exchange of information in order to better implement Gulf Coast ecosystem
restoration and facilitate appropriate accountability and support throughout the restoration process.
Since the implementation of Executive Order 13554, the Federal Government's Gulf Coast ecosystem
restoration planning efforts have advanced significantly. The Task Force's Gulf of Mexico Regional
Ecosystem Restoration Strategy (Strategy), created with input from Federal, State, tribal, and local
governments, and thousands of involved citizens and organizations across the region, serves as a
comprehensive restoration plan for addressing ecological concerns in the Gulf of Mexico. In light of the
release of the Strategy, the ongoing work of the Natural Resource Damage Trustee Council (Trustee Council)
under the Oil Pollution Act, and the recent passage of the Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act) (title I, subtitle
F of Public Law 112–141), this order affirms the Federal Government's Gulf Coast ecosystem restoration
efforts and realigns responsibilities to ensure the most effective governmental planning and coordination to
reach these goals.
SEC. 2. Termination of the Gulf Coast Ecosystem Restoration Task Force. The progress of the Task Force
is noteworthy. It has completed the Strategy and the preliminary planning and coordination tasks that it was
intended to produce and has significantly advanced important ecosystem restoration goals for the Gulf of
Mexico. In light of the recent creation, described below, of the Gulf Coast Ecosystem Restoration Council
(Gulf Restoration Council), which will build upon the Task Force's already successful collaboration between
Federal, State, and tribal governments and, as directed by statute, include and incorporate in its proposed
comprehensive plan the findings and information prepared by the Task Force, the Task Force shall terminate
no later than 60 days after the Gulf Restoration Council commences its work. The functions of the Task Force
will be performed by the Gulf Restoration Council and the Trustee Council to the extent practicable, as set
forth in this order. Prior to its termination, the Task Force will provide such assistance as is appropriate to the
Gulf Restoration Council.
SEC. 3. The Gulf Coast Restoration Trust Fund and the Gulf Coast Ecosystem Restoration Council.
(a) Gulf Coast Restoration Trust Fund. The RESTORE Act, which was signed into law as part of the
Moving Ahead for Progress in the 21st Century Act (Public Law 112–141), established a mechanism for
providing funding to the Gulf region to restore ecosystems and rebuild local economies damaged by the
Deepwater Horizon Oil Spill. The RESTORE Act established in the Treasury of the United States the Gulf
Coast Restoration Trust Fund (Trust Fund), consisting of 80 percent of an amount equal to any administrative
and civil penalties paid after the date of the RESTORE Act by the responsible parties in connection with the
Deepwater Horizon Oil Spill to the United States pursuant to a court order, negotiated settlement, or other
instrument in accordance with section 311 of the FWPCA (33 U.S.C. 1321).
(b) Gulf Coast Ecosystem Restoration Council. The RESTORE Act established the Gulf Restoration
Council, an independent entity charged with developing a comprehensive plan for ecosystem restoration in the
Gulf Coast (Comprehensive Plan), as well as any future revisions to the Comprehensive Plan. Among its other
duties, the Gulf Restoration Council is tasked with identifying projects and programs aimed at restoring and
protecting the natural resources and ecosystems of the Gulf Coast region, to be funded from a portion of the
Trust Fund; establishing such other advisory committees as may be necessary to assist the Gulf Restoration
Council, including a scientific advisory committee and a committee to advise the Gulf Restoration Council on
public policy issues; gathering information relevant to Gulf Coast restoration, including through research,
modeling, and monitoring; and providing an annual report to the Congress on implementation progress.
Consistent with the RESTORE Act, the Comprehensive Plan developed by the Gulf Restoration Council will
include provisions necessary to fully incorporate the Strategy, projects, and programs recommended by the
Task Force.
(c) Federal members of the Gulf Restoration Council and Trustee Council, as well as all Federal entities
involved in Gulf Coast restoration, shall work closely with one another to advance their common goals, reduce
duplication, and maximize consistency among their efforts. All Federal members are directed to consult with
each other and with all non-federal members in carrying out their duties on the Gulf Restoration Council.
SEC. 4. Ongoing Role of the Natural Resource Damage Assessment Trustee Council. (a) Executive Order
13554 recognized the role of the Trustee Council, and designated trustees as provided in 33 U.S.C. 2706, with
trusteeship over natural resources injured, lost, or destroyed as a result of the Deepwater Horizon Oil Spill.
Specifically, Executive Order 13554 recognized the importance of carefully coordinating the work of the Task
Force with the Trustee Council, whose members have statutory responsibility to assess natural resources
damages from the Deepwater Horizon Oil Spill, to restore trust resources, and seek compensation for lost use
of those trust resources. Section 3(b) of Executive Order 13554 instructed the Task Force to "support the
Natural Resource Damage Assessment process by referring potential ecosystem restoration actions to the * * *
Trustee Council for consideration and facilitating coordination among the relevant departments, agencies, and
offices, as appropriate, subject to the independent statutory responsibilities of the trustees." The Department of
Commerce (through the National Oceanic and Atmospheric Administration), the Department of the Interior
(through the Fish and Wildlife Service and the National Park Service), and the Department of Justice have
worked to identify linkages and opportunities for the Task Force to complement the restoration progress of the
Trustee Council.
(b) Section 7(e) of Executive Order 13554 provides that nothing in that order shall interfere with the
statutory responsibilities and authority of the Trustee Council or the individual trustees to carry out their
statutory responsibilities to assess natural resource damages and implement restoration actions under 33
U.S.C. 2706 and other applicable law. Agencies that were members of the Task Force shall continue to
comply with these requirements.
SEC. 5. Designating Trustees for Natural Resource Damage Assessment. Given their authorities, programs,
and expertise, the Environmental Protection Agency (EPA) and the Department of Agriculture (USDA) have
institutional capacities that can contribute significantly to the Natural Resource Damage Assessment and
restoration efforts, including scientific and policy expertise as well as experience gained in the Task Force
process and other planning efforts in the Gulf area. In addition, EPA's and USDA's relevant authorities cover a
range of natural resources and their supporting ecosystems, including waters, sediments, barrier islands,
wetlands, soils, land management, air resources, and drinking water supplies. The inclusion of EPA and
USDA as trustees participating in the Natural Resource Damage Assessment and restoration efforts will
maximize coordination across the Federal Government and enhance overall efficiencies regarding Gulf Coast
ecosystem restoration. Accordingly, without limiting the designations in Executive Order 12777 of October
18, 1991, or any other existing designations, and pursuant to section 2706(b)(2) of title 33, United States
Code, I hereby designate the Administrator of EPA and the Secretary of Agriculture as additional trustees for
Natural Resource Damage Assessment and restoration solely in connection with injury to, destruction of, loss
of, or loss of use of natural resources, including their supporting ecosystems, resulting from the Deepwater
Horizon Oil Spill. The addition of these Federal trustees does not, in and of itself, alter any existing
agreements among or between the trustees and any other entity. All Federal trustees are directed to consult,
coordinate, and cooperate with each other in carrying out all of their trustee duties and responsibilities.
The Administrator of EPA is hereby directed to revise Subpart G of the National Oil and Hazardous
Substances Pollution Contingency Plan to reflect the designations for the Deepwater Horizon Oil Spill
discussed in this section.
SEC. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to a department or agency, or the head thereof; or
(ii) the functions of the Trustee Council, or those of the Director of the Office of Management and Budget,
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its
officers, employees, or agents, or any other person.
(d) Executive Order 13554 of October 5, 2010, is hereby revoked concurrent with the termination of the
Task Force under the terms described in section 2 of this order.
BARACK OBAMA.
1 So in original.
2 See References in Text note below.
3 So in original. Probably should not be capitalized.
4 So in original. Probably should be "consortium".
EDITORIAL NOTES
REFERENCES IN TEXT
The Federal Water Pollution Control Act, referred to in subsec. (a), is act June 30, 1948, ch. 758, as
amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to this
chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of
this title and Tables.
CODIFICATION
Section was enacted as part of the Coast Guard Authorization Act of 2010, and not as part of the Federal
Water Pollution Control Act which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Coast Guard Authorization Act of 2010, and not as part of the Federal
Water Pollution Control Act which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Coast Guard Authorization Act of 2010, and not as part of the Federal
Water Pollution Control Act which comprises this chapter.
(13) "marine pollution control device" means, except as provided in subsection (p), any
equipment or management practice, for installation or use on board a vessel of the Armed Forces,
that is—
(A) designed to receive, retain, treat, control, or discharge a discharge incidental to the
normal operation of a vessel; and
(B) determined by the Administrator and the Secretary of Defense to be the most effective
equipment or management practice to reduce the environmental impacts of the discharge
consistent with the considerations set forth in subsection (n)(2)(B); and
(II) use appropriate and practicable measures of detection and environmental monitoring
of vessels.
(C) Detention
The Secretary may detain a vessel if the Secretary—
(i) has reasonable cause to believe that the vessel—
(I) has failed to comply with an applicable requirement of this section; or
(II) is being operated in violation of such a requirement; and
(ii) the Secretary provides to the owner or operator of the vessel a notice of the intent to
detain.
(3) States
(A) In general
This section may be enforced by a State or political subdivision of a State (including the
attorney general of a State), including by filing a civil action in an appropriate Federal district
court to enforce any violation of subsection (p).
(B) Jurisdiction
The appropriate Federal district court shall have jurisdiction with respect to a civil action
filed pursuant to subparagraph (A), without regard to the amount in controversy or the
citizenship of the parties—
(i) to enforce the requirements of this section; and
(ii) to apply appropriate civil penalties under this section or section 1319(d) of this title, as
appropriate.
(l) Boarding and inspection of vessels; execution of warrants and other process
Anyone authorized by the Secretary of the department in which the Coast Guard is operating to
enforce the provisions of this section may, except as to public vessels, (1) board and inspect any
vessel upon the navigable waters of the United States and (2) execute any warrant or other process
issued by an officer or court of competent jurisdiction.
(m) Enforcement in United States possessions
In the case of Guam and the Trust Territory of the Pacific Islands, actions arising under this
section may be brought in the district court of Guam, and in the case of the Virgin Islands such
actions may be brought in the district court of the Virgin Islands. In the case of American Samoa and
the Trust Territory of the Pacific Islands, such actions may be brought in the District Court of the
United States for the District of Hawaii and such court shall have jurisdiction of such actions. In the
case of the Canal Zone, such actions may be brought in the District Court for the District of the
Canal Zone.
(n) Uniform national discharge standards for vessels of Armed Forces
(1) Applicability
This subsection shall apply to vessels of the Armed Forces and discharges, other than sewage,
incidental to the normal operation of a vessel of the Armed Forces, unless the Secretary of
Defense finds that compliance with this subsection would not be in the national security interests
of the United States.
(2) Determination of discharges required to be controlled by marine pollution control
devices
(A) In general
The Administrator and the Secretary of Defense, after consultation with the Secretary of the
department in which the Coast Guard is operating, the Secretary of Commerce, and interested
States, shall jointly determine the discharges incidental to the normal operation of a vessel of
the Armed Forces for which it is reasonable and practicable to require use of a marine pollution
control device to mitigate adverse impacts on the marine environment. Notwithstanding
subsection (a)(1) of section 553 of title 5, the Administrator and the Secretary of Defense shall
promulgate the determinations in accordance with such section. The Secretary of Defense shall
require the use of a marine pollution control device on board a vessel of the Armed Forces in
any case in which it is determined that the use of such a device is reasonable and practicable.
(B) Considerations
In making a determination under subparagraph (A), the Administrator and the Secretary of
Defense shall take into consideration—
(i) the nature of the discharge;
(ii) the environmental effects of the discharge;
(iii) the practicability of using the marine pollution control device;
(iv) the effect that installation or use of the marine pollution control device would have on
the operation or operational capability of the vessel;
(v) applicable United States law;
(vi) applicable international standards; and
(vii) the economic costs of the installation and use of the marine pollution control device.
(3) Performance standards for marine pollution control devices
(A) In general
For each discharge for which a marine pollution control device is determined to be required
under paragraph (2), the Administrator and the Secretary of Defense, in consultation with the
Secretary of the department in which the Coast Guard is operating, the Secretary of State, the
Secretary of Commerce, other interested Federal agencies, and interested States, shall jointly
promulgate Federal standards of performance for each marine pollution control device required
with respect to the discharge. Notwithstanding subsection (a)(1) of section 553 of title 5, the
Administrator and the Secretary of Defense shall promulgate the standards in accordance with
such section.
(B) Considerations
In promulgating standards under this paragraph, the Administrator and the Secretary of
Defense shall take into consideration the matters set forth in paragraph (2)(B).
(C) Classes, types, and sizes of vessels
The standards promulgated under this paragraph may—
(i) distinguish among classes, types, and sizes of vessels;
(ii) distinguish between new and existing vessels; and
(iii) provide for a waiver of the applicability of the standards as necessary or appropriate to
a particular class, type, age, or size of vessel.
(4) Regulations for use of marine pollution control devices
The Secretary of Defense, after consultation with the Administrator and the Secretary of the
department in which the Coast Guard is operating, shall promulgate such regulations governing
the design, construction, installation, and use of marine pollution control devices on board vessels
of the Armed Forces as are necessary to achieve the standards promulgated under paragraph (3).
(5) Deadlines; effective date
(A) Determinations
The Administrator and the Secretary of Defense shall—
(i) make the initial determinations under paragraph (2) not later than 2 years after February
10, 1996; and
(ii) every 5 years—
(I) review the determinations; and
(II) if necessary, revise the determinations based on significant new information.
(B) Standards
The Administrator and the Secretary of Defense shall—
(i) promulgate standards of performance for a marine pollution control device under
paragraph (3) not later than 2 years after the date of a determination under paragraph (2) that
the marine pollution control device is required; and
(ii) every 5 years—
(I) review the standards; and
(II) if necessary, revise the standards, consistent with paragraph (3)(B) and based on
significant new information.
(C) Regulations
The Secretary of Defense shall promulgate regulations with respect to a marine pollution
control device under paragraph (4) as soon as practicable after the Administrator and the
Secretary of Defense promulgate standards with respect to the device under paragraph (3), but
not later than 1 year after the Administrator and the Secretary of Defense promulgate the
standards. The regulations promulgated by the Secretary of Defense under paragraph (4) shall
become effective upon promulgation unless another effective date is specified in the
regulations.
(D) Petition for review
The Governor of any State may submit a petition requesting that the Secretary of Defense and
the Administrator review a determination under paragraph (2) or a standard under paragraph
(3), if there is significant new information, not considered previously, that could reasonably
result in a change to the particular determination or standard after consideration of the matters
set forth in paragraph (2)(B). The petition shall be accompanied by the scientific and technical
information on which the petition is based. The Administrator and the Secretary of Defense
shall grant or deny the petition not later than 2 years after the date of receipt of the petition.
(6) Effect on other laws
(A) Prohibition on regulation by States or political subdivisions of States
Beginning on the effective date of—
(i) a determination under paragraph (2) that it is not reasonable and practicable to require
use of a marine pollution control device regarding a particular discharge incidental to the
normal operation of a vessel of the Armed Forces; or
(ii) regulations promulgated by the Secretary of Defense under paragraph (4);
except as provided in paragraph (7), neither a State nor a political subdivision of a State may
adopt or enforce any statute or regulation of the State or political subdivision with respect to the
discharge or the design, construction, installation, or use of any marine pollution control device
required to control discharges from a vessel of the Armed Forces.
(B) Federal laws
This subsection shall not affect the application of section 1321 of this title to discharges
incidental to the normal operation of a vessel.
(7) Establishment of State no-discharge zones
(A) State prohibition
(i) In general
After the effective date of—
(I) a determination under paragraph (2) that it is not reasonable and practicable to
require use of a marine pollution control device regarding a particular discharge incidental
to the normal operation of a vessel of the Armed Forces; or
(II) regulations promulgated by the Secretary of Defense under paragraph (4);
if a State determines that the protection and enhancement of the quality of some or all of the
waters within the State require greater environmental protection, the State may prohibit 1 or
more discharges incidental to the normal operation of a vessel, whether treated or not treated,
into the waters. No prohibition shall apply until the Administrator makes the determinations
described in subclauses (II) and (III) of subparagraph (B)(i).
(ii) Documentation
To the extent that a prohibition under this paragraph would apply to vessels of the Armed
Forces and not to other types of vessels, the State shall document the technical or
environmental basis for the distinction.
(B) Prohibition by the Administrator
(i) In general
Upon application of a State, the Administrator shall by regulation prohibit the discharge
from a vessel of 1 or more discharges incidental to the normal operation of a vessel, whether
treated or not treated, into the waters covered by the application if the Administrator
determines that—
(I) the protection and enhancement of the quality of the specified waters within the State
require a prohibition of the discharge into the waters;
(II) adequate facilities for the safe and sanitary removal of the discharge incidental to the
normal operation of a vessel are reasonably available for the waters to which the
prohibition would apply; and
(III) the prohibition will not have the effect of discriminating against a vessel of the
Armed Forces by reason of the ownership or operation by the Federal Government, or the
military function, of the vessel.
(ii) Approval or disapproval
The Administrator shall approve or disapprove an application submitted under clause (i)
not later than 90 days after the date on which the application is submitted to the
Administrator. Notwithstanding clause (i)(II), the Administrator shall not disapprove an
application for the sole reason that there are not adequate facilities to remove any discharge
incidental to the normal operation of a vessel from vessels of the Armed Forces.
(C) Applicability to foreign flagged vessels
A prohibition under this paragraph—
(i) shall not impose any design, construction, manning, or equipment standard on a foreign
flagged vessel engaged in innocent passage unless the prohibition implements a generally
accepted international rule or standard; and
(ii) that relates to the prevention, reduction, and control of pollution shall not apply to a
foreign flagged vessel engaged in transit passage unless the prohibition implements an
applicable international regulation regarding the discharge of oil, oily waste, or any other
noxious substance into the waters.
(8) Prohibition relating to vessels of the Armed Forces
After the effective date of the regulations promulgated by the Secretary of Defense under
paragraph (4), it shall be unlawful for any vessel of the Armed Forces subject to the regulations
to—
(A) operate in the navigable waters of the United States or the waters of the contiguous zone,
if the vessel is not equipped with any required marine pollution control device meeting
standards established under this subsection; or
(B) discharge overboard any discharge incidental to the normal operation of a vessel in
waters with respect to which a prohibition on the discharge has been established under
paragraph (7).
(9) Enforcement
This subsection shall be enforceable, as provided in subsections (j) and (k), against any agency
of the United States responsible for vessels of the Armed Forces notwithstanding any immunity
asserted by the agency.
(o) Management practices for recreational vessels
(1) Applicability
This subsection applies to any discharge, other than a discharge of sewage, from a recreational
vessel that is—
(A) incidental to the normal operation of the vessel; and
(B) exempt from permitting requirements under section 1342(r) of this title.
(2) Determination of discharges subject to management practices
(A) Determination
(i) In general
The Administrator, in consultation with the Secretary of the department in which the Coast
Guard is operating, the Secretary of Commerce, and interested States, shall determine the
discharges incidental to the normal operation of a recreational vessel for which it is
reasonable and practicable to develop management practices to mitigate adverse impacts on
the waters of the United States.
(ii) Promulgation
The Administrator shall promulgate the determinations under clause (i) in accordance with
section 553 of title 5.
(iii) Management practices
The Administrator shall develop management practices for recreational vessels in any case
in which the Administrator determines that the use of those practices is reasonable and
practicable.
(B) Considerations
In making a determination under subparagraph (A), the Administrator shall consider—
(i) the nature of the discharge;
(ii) the environmental effects of the discharge;
(iii) the practicability of using a management practice;
(iv) the effect that the use of a management practice would have on the operation,
operational capability, or safety of the vessel;
(v) applicable Federal and State law;
(vi) applicable international standards; and
(vii) the economic costs of the use of the management practice.
(C) Timing
The Administrator shall—
(i) make the initial determinations under subparagraph (A) not later than 1 year after July
29, 2008; and
(ii) every 5 years thereafter—
(I) review the determinations; and
(II) if necessary, revise the determinations based on any new information available to
the Administrator.
(3) Performance standards for management practices
(A) In general
For each discharge for which a management practice is developed under paragraph (2), the
Administrator, in consultation with the Secretary of the department in which the Coast Guard is
operating, the Secretary of Commerce, other interested Federal agencies, and interested States,
shall promulgate, in accordance with section 553 of title 5, Federal standards of performance for
each management practice required with respect to the discharge.
(B) Considerations
In promulgating standards under this paragraph, the Administrator shall take into account the
considerations described in paragraph (2)(B).
(C) Classes, types, and sizes of vessels
The standards promulgated under this paragraph may—
(i) distinguish among classes, types, and sizes of vessels;
(ii) distinguish between new and existing vessels; and
(iii) provide for a waiver of the applicability of the standards as necessary or appropriate to
a particular class, type, age, or size of vessel.
(D) Timing
The Administrator shall—
(i) promulgate standards of performance for a management practice under subparagraph
(A) not later than 1 year after the date of a determination under paragraph (2) that the
management practice is reasonable and practicable; and
(ii) every 5 years thereafter—
(I) review the standards; and
(II) if necessary, revise the standards, in accordance with subparagraph (B) and based on
any new information available to the Administrator.
(4) Regulations for the use of management practices
(A) In general
The Secretary of the department in which the Coast Guard is operating shall promulgate such
regulations governing the design, construction, installation, and use of management practices
for recreational vessels as are necessary to meet the standards of performance promulgated
under paragraph (3).
(B) Regulations
(i) In general
The Secretary shall promulgate the regulations under this paragraph as soon as practicable
after the Administrator promulgates standards with respect to the practice under paragraph
(3), but not later than 1 year after the date on which the Administrator promulgates the
standards.
(ii) Effective date
The regulations promulgated by the Secretary under this paragraph shall be effective upon
promulgation unless another effective date is specified in the regulations.
(iii) Consideration of time
In determining the effective date of a regulation promulgated under this paragraph, the
Secretary shall consider the period of time necessary to communicate the existence of the
regulation to persons affected by the regulation.
(5) Effect of other laws
This subsection shall not affect the application of section 1321 of this title to discharges
incidental to the normal operation of a recreational vessel.
(6) Prohibition relating to recreational vessels
After the effective date of the regulations promulgated by the Secretary of the department in
which the Coast Guard is operating under paragraph (4), the owner or operator of a recreational
vessel shall neither operate in nor discharge any discharge incidental to the normal operation of
the vessel into, the waters of the United States or the waters of the contiguous zone, if the owner
or operator of the vessel is not using any applicable management practice meeting standards
established under this subsection.
(p) Uniform national standards for discharges incidental to normal operation of vessels
(1) Definitions
In this subsection:
(A) Aquatic nuisance species
The term "aquatic nuisance species" means a nonindigenous species that threatens—
(i) the diversity or abundance of a native species;
(ii) the ecological stability of—
(I) waters of the United States; or
(II) waters of the contiguous zone; or
(iii) that results from, or contains material derived from, an activity other than the normal
operation of the vessel, such as material resulting from an industrial or manufacturing process
onboard the vessel.
(3) Continuation in effect of existing requirements
(A) Vessel general permit
Notwithstanding the expiration date of the Vessel General Permit or any other provision of
law, all provisions of the Vessel General Permit shall remain in force and effect, and shall not
be modified, until the applicable date described in subparagraph (C).
(B) Nonindigenous Aquatic Nuisance Prevention and Control Act regulations
Notwithstanding section 903(a)(2)(A) of the Vessel Incidental Discharge Act of 2018, all
regulations promulgated by the Secretary pursuant to section 1101 of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711) (as in effect on the day
before December 4, 2018), including the regulations contained in subparts C and D of part 151
of title 33, Code of Federal Regulations, and subpart 162.060 of part 162 of title 46, Code of
Federal Regulations (as in effect on the day before December 4, 2018), shall remain in force and
effect until the applicable date described in subparagraph (C).
(C) Repeal on existence of final, effective, and enforceable requirements
Effective beginning on the date on which the requirements promulgated by the Secretary
under subparagraphs (A), (B), and (C) of paragraph (5) with respect to every discharge
incidental to the normal operation of a vessel that is subject to regulation under this subsection
are final, effective, and enforceable, the requirements of the Vessel General Permit and the
regulations described in subparagraph (B) shall have no force or effect.
(4) National standards of performance for marine pollution control devices and water
quality orders
(A) Establishment
(i) In general
Not later than 2 years after December 4, 2018, the Administrator, in concurrence with the
Secretary (subject to clause (ii)), and in consultation with interested Governors (subject to
clause (iii)), shall promulgate Federal standards of performance for marine pollution control
devices for each type of discharge incidental to the normal operation of a vessel that is
subject to regulation under this subsection.
(ii) Concurrence with Secretary
(I) Request
The Administrator shall submit to the Secretary a request for written concurrence with
respect to a proposed standard of performance under clause (i).
(II) Effect of failure to concur
A failure by the Secretary to concur with the Administrator under clause (i) by the date
that is 60 days after the date on which the Administrator submits a request for concurrence
under subclause (I) shall not prevent the Administrator from promulgating the relevant
standard of performance in accordance with the deadline under clause (i), subject to the
condition that the Administrator shall include in the administrative record of the
promulgation—
(aa) documentation of the request submitted under subclause (I); and
(bb) the response of the Administrator to any written objections received from the
Secretary relating to the proposed standard of performance during the 60-day period
beginning on the date of submission of the request.
(iii) Consultation with Governors
(I) In general
The Administrator, in promulgating a standard of performance under clause (i), shall
develop the standard of performance—
(aa) in consultation with interested Governors; and
(bb) in accordance with the deadlines under that clause.
(II) Process
The Administrator shall develop a process for soliciting input from interested
Governors, including information sharing relevant to such process, to allow interested
Governors to inform the development of standards of performance under clause (i).
(III) Objection by governors
(aa) Submission
An interested Governor that objects to a proposed standard of performance under
clause (i) may submit to the Administrator in writing a detailed objection to the
proposed standard of performance, describing the scientific, technical, or operational
factors that form the basis of the objection.
(bb) Response
Before finalizing a standard of performance under clause (i) that is subject to an
objection under item (aa) from 1 or more interested Governors, the Administrator shall
provide a written response to each interested Governor that submitted an objection under
that item that details the scientific, technical, or operational factors that form the basis
for that standard of performance.
(cc) Judicial review
A response of the Administrator under item (bb) shall not be subject to judicial
review.
(iv) Procedure
The Administrator shall promulgate the standards of performance under this subparagraph
in accordance with—
(I) this paragraph; and
(II) section 553 of title 5.
(B) Stringency
(i) In general
Subject to clause (iii), the standards of performance promulgated under this paragraph shall
require—
(I) with respect to conventional pollutants, toxic pollutants, and nonconventional
pollutants (including aquatic nuisance species), the application of the best practicable
control technology currently available;
(II) with respect to conventional pollutants, the application of the best conventional
pollutant control technology; and
(III) with respect to toxic pollutants and nonconventional pollutants (including aquatic
nuisance species), the application of the best available technology economically achievable
for categories and classes of vessels, which shall result in reasonable progress toward the
national goal of eliminating discharges of all pollutants.
(ii) Best management practices
The Administrator shall require the use of best management practices to control or abate
any discharge incidental to the normal operation of a vessel if—
(I) numeric standards of performance are infeasible under clause (i); or
(II) the best management practices are reasonably necessary—
(aa) to achieve the standards of performance; or
(bb) to carry out the purpose and intent of this subsection.
(iii) Minimum requirements
Subject to subparagraph (D)(ii)(II), the combination of any equipment or best management
practice comprising a marine pollution control device shall not be less stringent than the
following provisions of the Vessel General Permit:
(I) All requirements contained in parts 2.1 and 2.2 (relating to effluent limits and related
requirements), including with respect to waters subject to Federal protection, in whole or in
part, for conservation purposes.
(II) All requirements contained in part 5 (relating to vessel class-specific requirements)
that concern effluent limits and authorized discharges (within the meaning of that part),
including with respect to waters subject to Federal protection, in whole or in part, for
conservation purposes.
(C) Classes, types, and sizes of vessels
The standards promulgated under this paragraph may distinguish—
(i) among classes, types, and sizes of vessels; and
(ii) between new vessels and existing vessels.
(D) Review and revision
(i) In general
Not less frequently than once every 5 years, the Administrator, in consultation with the
Secretary, shall—
(I) review the standards of performance in effect under this paragraph; and
(II) if appropriate, revise those standards of performance—
(aa) in accordance with subparagraphs (A) through (C); and
(bb) as necessary to establish requirements for any discharge that is subject to
regulation under this subsection.
(ii) Maintaining protectiveness
(I) In general
Except as provided in subclause (II), the Administrator shall not revise a standard of
performance under this subsection to be less stringent than an applicable existing
requirement.
(II) Exceptions
The Administrator may revise a standard of performance to be less stringent than an
applicable existing requirement—
(aa) if information becomes available that—
(AA) was not reasonably available when the Administrator promulgated the initial
standard of performance or comparable requirement of the Vessel General Permit, as
applicable (including the subsequent scarcity or unavailability of materials used to
control the relevant discharge); and
(BB) would have justified the application of a less-stringent standard of
performance at the time of promulgation; or
(IV) if design limitations of the vessel prevent a ballast water exchange or saltwater
flush from being conducted in accordance with clause (i); or
(V) if the vessel is operating exclusively within the internal waters of the United States
or Canada.
(C) Period of use of installed ballast water management systems
(i) In general
Except as provided in clause (ii), a vessel shall be deemed to be in compliance with a
standard of performance for a marine pollution control device that is a ballast water
management system if the ballast water management system—
(I) is maintained in proper working condition, as determined by the Secretary;
(II) is maintained and used in accordance with manufacturer specifications;
(III) continues to meet the ballast water discharge standard applicable to the vessel at the
time of installation, as determined by the Secretary; and
(IV) has in effect a valid type-approval certificate issued by the Secretary.
(ii) Limitation
Clause (i) shall cease to apply with respect to any vessel on, as applicable—
(I) the expiration of the service life, as determined by the Secretary, of—
(aa) the ballast water management system; or
(bb) the vessel;
(II) the completion of a major conversion (as defined in section 2101 of title 46) of the
vessel; or
(III) a determination by the Secretary that there are other type-approved systems for the
vessel or category of vessels, with respect to the use of which the environmental, health,
and economic benefits would exceed the costs.
(D) Review of ballast water management system type-approval testing methods
(i) Definition of live; living
Notwithstanding any other provision of law (including regulations), for purposes of section
151.1511 of title 33, and part 162 of title 46, Code of Federal Regulations (or successor
regulations), the terms "live" and "living" shall not—
(I) include an organism that has been rendered nonviable; or
(II) preclude the consideration of any method of measuring the concentration of
organisms in ballast water that are capable of reproduction.
(ii) Draft policy
Not later than 180 days after December 4, 2018, the Secretary, in coordination with the
Administrator, shall publish a draft policy letter, based on the best available science,
describing type-approval testing methods and protocols for ballast water management
systems, if any, that—
(I) render nonviable organisms in ballast water; and
(II) may be used in addition to the methods established under subpart 162.060 of title 46,
Code of Federal Regulations (or successor regulations)—
(aa) to measure the concentration of organisms in ballast water that are capable of
reproduction;
(bb) to certify the performance of each ballast water management system under this
subsection; and
(cc) to certify laboratories to evaluate applicable treatment technologies.
(iii) Public comment
The Secretary shall provide a period of not more than 60 days for public comment
regarding the draft policy letter published under clause (ii).
(iv) Final policy
(I) In general
Not later than 1 year after December 4, 2018, the Secretary, in coordination with the
Administrator, shall publish a final policy letter describing type-approval testing methods,
if any, for ballast water management systems that render nonviable organisms in ballast
water.
(II) Method of evaluation
The ballast water management systems under subclause (I) shall be evaluated by
measuring the concentration of organisms in ballast water that are capable of reproduction
based on the best available science that may be used in addition to the methods established
under subpart 162.060 of title 46, Code of Federal Regulations (or successor regulations).
(III) Revisions
The Secretary shall revise the final policy letter under subclause (I) in any case in which
the Secretary, in coordination with the Administrator, determines that additional testing
methods are capable of measuring the concentration of organisms in ballast water that have
not been rendered nonviable.
(v) Factors for consideration
In developing a policy letter under this subparagraph, the Secretary, in coordination with
the Administrator—
(I) shall take into consideration a testing method that uses organism grow-out and most
probable number statistical analysis to determine the concentration of organisms in ballast
water that are capable of reproduction; and
(II) shall not take into consideration a testing method that relies on a staining method
that measures the concentration of—
(aa) organisms greater than or equal to 10 micrometers; and
(bb) organisms less than or equal to 50 micrometers.
(E) Intergovernmental response framework
(i) In general
The Secretary, in consultation with the Administrator and acting in coordination with, or
through, the Aquatic Nuisance Species Task Force established by section 1201(a) of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721(a)),
shall establish a framework for Federal and intergovernmental response to aquatic nuisance
species risks from discharges from vessels subject to ballast water and incidental discharge
compliance requirements under this subsection, including the introduction, spread, and
establishment of aquatic nuisance species populations.
(ii) Ballast discharge risk response
The Administrator, in coordination with the Secretary and taking into consideration
information from the National Ballast Information Clearinghouse developed under section
1102(f) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4712(f)), shall establish a risk assessment and response framework using ballast water
discharge data and aquatic nuisance species monitoring data for the purposes of—
(I) identifying and tracking populations of aquatic invasive species;
(II) evaluating the risk of any aquatic nuisance species population tracked under
subclause (I) establishing and spreading in waters of the United States or waters of the
contiguous zone; and
(III) establishing emergency best management practices that may be deployed rapidly, in
a local or regional manner, to respond to emerging aquatic nuisance species threats.
(7) Petitions by Governors for review
(A) In general
The Governor of a State (or a designee) may submit to the Administrator or the Secretary a
petition—
(i) to issue an order under paragraph (4)(E); or
(ii) to review any standard of performance, regulation, or policy promulgated under
paragraph (4), (5), or (6), respectively, if there exists new information that could reasonably
result in a change to—
(I) the standard of performance, regulation, or policy; or
(II) a determination on which the standard of performance, regulation, or policy was
based.
(B) Inclusion
A petition under subparagraph (A) shall include a description of any applicable scientific or
technical information that forms the basis of the petition.
(C) Determination
(i) Timing
The Administrator or the Secretary, as applicable, shall grant or deny—
(I) a petition under subparagraph (A)(i) by not later than the date that is 180 days after
the date on which the petition is submitted; and
(II) a petition under subparagraph (A)(ii) by not later than the date that is 1 year after the
date on which the petition is submitted.
(ii) Effect of grant
If the Administrator or the Secretary determines under clause (i) to grant a petition—
(I) in the case of a petition under subparagraph (A)(i), the Administrator shall
immediately issue the relevant order under paragraph (4)(E); or
(II) in the case of a petition under subparagraph (A)(ii), the Administrator or Secretary
shall publish in the Federal Register, by not later than 30 days after the date of that
determination, a notice of proposed rulemaking to revise the relevant standard,
requirement, regulation, or policy under paragraph (4), (5), or (6), as applicable.
(iii) Notice of denial
If the Administrator or the Secretary determines under clause (i) to deny a petition, the
Administrator or Secretary shall publish in the Federal Register, by not later than 30 days
after the date of that determination, a detailed explanation of the scientific, technical, or
operational factors that form the basis of the determination.
(iv) Review
A determination by the Administrator or the Secretary under clause (i) to deny a petition
shall be—
(I) considered to be a final agency action; and
(II) subject to judicial review in accordance with section 1369 of this title, subject to
clause (v).
(v) Exceptions
(I) Venue
Notwithstanding section 1369(b) of this title, a petition for review of a determination by
the Administrator or the Secretary under clause (i) to deny a petition submitted by the
Governor of a State under subparagraph (A) may be filed in any United States district court
of competent jurisdiction.
(II) Deadline for filing
Notwithstanding section 1369(b) of this title, a petition for review of a determination by
the Administrator or the Secretary under clause (i) shall be filed by not later than 180 days
after the date on which the justification for the determination is published in the Federal
Register under clause (iii).
(8) Prohibition
(A) In general
It shall be unlawful for any person to violate—
(i) a provision of the Vessel General Permit in force and effect under paragraph (3)(A);
(ii) a regulation promulgated pursuant to section 1101 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711) (as in effect on the day
before December 4, 2018) in force and effect under paragraph (3)(B); or
(iii) an applicable requirement or regulation under this subsection.
(B) Compliance with regulations
Effective beginning on the effective date of a regulation promulgated under paragraph (4),
(5), (6), or (10), as applicable, it shall be unlawful for the owner or operator of a vessel subject
to the regulation—
(i) to discharge any discharge incidental to the normal operation of the vessel into waters
of the United States or waters of the contiguous zone, except in compliance with the
regulation; or
(ii) to operate in waters of the United States or waters of the contiguous zone, if the vessel
is not equipped with a required marine pollution control device that complies with the
requirements established under this subsection, unless—
(I) the owner or operator of the vessel denotes in an entry in the official logbook of the
vessel that the equipment was not operational; and
(II) either—
(aa) the applicable discharge was avoided; or
(bb) an alternate compliance option approved by the Secretary as meeting the
applicable standard was employed.
(C) Affirmative defense
No person shall be found to be in violation of this paragraph if—
(i) the violation was in the interest of ensuring the safety of life at sea, as determined by the
Secretary; and
(ii) the applicable emergency circumstance was not the result of negligence or malfeasance
on the part of—
(I) the owner or operator of the vessel;
(II) the master of the vessel; or
(III) the person in charge of the vessel.
(D) Treatment
Each day of continuing violation of an applicable requirement of this subsection shall
constitute a separate offense.
(E) In rem liability
A vessel operated in violation of this subsection is liable in rem for any civil penalty assessed
for the violation.
(F) Revocation of clearance
The Secretary shall withhold or revoke the clearance of a vessel required under section 60105
of title 46 if the owner or operator of the vessel is in violation of this subsection.
(9) Effect on other laws
(A) State authority
(i) In general
Except as provided in clauses (ii) through (v) and paragraph (10), effective beginning on
the date on which the requirements promulgated by the Secretary under subparagraphs (A),
(B), and (C) of paragraph (5) with respect to every discharge incidental to the normal
operation of a vessel that is subject to regulation under this subsection are final, effective, and
enforceable, no State, political subdivision of a State, or interstate agency may adopt or
enforce any law, regulation, or other requirement of the State, political subdivision, or
interstate agency with respect to any such discharge.
(ii) Identical or lesser State laws
Clause (i) shall not apply to any law, regulation, or other requirement of a State, political
subdivision of a State, or interstate agency in effect on or after December 4, 2018—
(I) that is identical to a Federal requirement under this subsection applicable to the
relevant discharge; or
(II) compliance with which would be achieved concurrently in achieving compliance
with a Federal requirement under this subsection applicable to the relevant discharge.
(iii) State enforcement of Federal requirements
A State may enforce any standard of performance or other Federal requirement of this
subsection in accordance with subsection (k) or other applicable Federal authority.
(iv) Exception for certain fees
(I) In general
Subject to subclauses (II) and (III), a State that assesses any fee pursuant to any State or
Federal law relating to the regulation of a discharge incidental to the normal operation of a
vessel before December 4, 2018, may assess or retain a fee to cover the costs of
administration, inspection, monitoring, and enforcement activities by the State to achieve
compliance with the applicable requirements of this subsection.
(II) Maximum amount
(aa) In general
Except as provided in item (bb), a State may assess a fee for activities under this
clause equal to not more than $1,000 against the owner or operator of a vessel that—
(AA) has operated outside of that State; and
(BB) arrives at a port or place of destination in the State (excluding movement
entirely within a single port or place of destination).
(bb) Vessels engaged in coastwise trade
A State may assess against the owner or operator of a vessel registered in accordance
with applicable Federal law and lawfully engaged in the coastwise trade not more than
$5,000 in fees under this clause per vessel during a calendar year.
(III) Adjustment for inflation
(aa) In general
A State may adjust the amount of a fee authorized under this clause not more
frequently than once every 5 years to reflect the percentage by which the Consumer
Price Index for All Urban Consumers published by the Department of Labor for the
month of October immediately preceding the date of adjustment exceeds the Consumer
Price Index for All Urban Consumers published by the Department of Labor for the
month of October that immediately precedes the date that is 5 years before the date of
adjustment.
(bb) Effect of subclause
Nothing in this subclause prevents a State from adjusting a fee in effect before
December 4, 2018, to the applicable maximum amount under subclause (II).
(cc) Applicability
This subclause applies only to increases in fees to amounts greater than the applicable
maximum amount under subclause (II).
(v) Alaska graywater
Clause (i) shall not apply with respect to any discharge of graywater (as defined in section
1414 of the Consolidated Appropriations Act, 2001 (Public Law 106–554; 114 Stat.
2763A–323)) from a passenger vessel (as defined in section 2101 of title 46) in the State of
Alaska (including all waters in the Alexander Archipelago) carrying 50 or more passengers.
(vi) Preservation of authority
Nothing in this subsection preempts any State law, public initiative, referendum,
regulation, requirement, or other State action, except as expressly provided in this subsection.
(B) Established regimes
Except as expressly provided in this subsection, nothing in this subsection affects the
applicability to a vessel of any other provision of Federal law, including—
(i) this section;
(ii) section 1321 of this title;
(iii) the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.); and
(iv) title X of the Coast Guard Authorization Act of 2010 (33 U.S.C. 3801 et seq.).
(C) Permitting
Effective beginning on December 4, 2018—
(i) the Small Vessel General Permit is repealed; and
(ii) the Administrator, or a State in the case of a permit program approved under section
1342 of this title, shall not require, or in any way modify, a permit under that section for—
(I) any discharge that is subject to regulation under this subsection;
(II) any discharge incidental to the normal operation of a vessel from a small vessel or
fishing vessel, regardless of whether that discharge is subject to regulation under this
subsection; or
(III) any discharge described in paragraph (2)(B)(ii).
(D) No effect on civil or criminal actions
Nothing in this subsection, or any standard, regulation, or requirement established under this
subsection, modifies or otherwise affects, preempts, or displaces—
(i) any cause of action; or
(ii) any provision of Federal or State law establishing a remedy for civil relief or criminal
penalty.
(E) No effect on certain secretarial authority
Nothing in this subsection affects the authority of the Secretary of Commerce or the
Secretary of the Interior to administer any land or waters under the administrative control of the
Secretary of Commerce or the Secretary of the Interior, respectively.
(F) No limitation on State inspection authority
Nothing in this subsection limits the authority of a State to inspect a vessel pursuant to
paragraph (5)(A)(iii) in order to monitor compliance with an applicable requirement of this
section.
(10) Additional regional requirements
(A) Minimum Great Lakes System requirements
(i) In general
Except as provided in clause (ii), the owner or operator of a vessel entering the St.
Lawrence Seaway through the mouth of the St. Lawrence River shall conduct a complete
ballast water exchange or saltwater flush—
(I) not less than 200 nautical miles from any shore for a voyage originating outside
the United States or Canadian exclusive economic zone; or
(II) not less than 50 nautical miles from any shore for a voyage originating within the
United States or Canadian exclusive economic zone.
(ii) Exceptions
Clause (i) shall not apply to a vessel if—
(I) complying with an applicable requirement of clause (i)—
(aa) would compromise the safety of the vessel; or
(bb) is otherwise prohibited by any Federal, Canadian, or international law (including
regulations) pertaining to vessel safety;
(II) design limitations of the vessel prevent a ballast water exchange from being
conducted in accordance with an applicable requirement of clause (i);
(III) the vessel—
(aa) is certified by the Secretary as having no residual ballast water or sediments
onboard; or
(bb) retains all ballast water while in waters subject to the requirement; or
(IV) empty ballast tanks on the vessel are sealed and certified by the Secretary in a
manner that ensures that—
(aa) no discharge or uptake occurs; and
(bb) any subsequent discharge of ballast water is subject to the requirement.
(B) Enhanced Great Lakes System requirements
(i) Petitions by Governors for proposed enhanced standards and requirements
(I) In general
The Governor of a Great Lakes State (or a State employee designee) may submit a
petition in accordance with subclause (II) to propose that other Governors of Great Lakes
States endorse an enhanced standard of performance or other requirement with respect to
any discharge that—
(aa) is subject to regulation under this subsection; and
(bb) occurs within the Great Lakes System.
(II) Submission
A Governor shall submit a petition under subclause (I), in writing, to—
(aa) the Executive Director of the Great Lakes Commission, in such manner as may
be prescribed by the Great Lakes Commission;
(bb) the Governor of each other Great Lakes State; and
(cc) the Director of the Great Lakes National Program Office established by section
1268(b) of this title.
(III) Preliminary assessment by Great Lakes Commission
(aa) In general
After the date of receipt of a petition under subclause (II)(aa), the Great Lakes
Commission (acting through the Great Lakes Panel on Aquatic Nuisance Species, to the
maximum extent practicable) may develop a preliminary assessment regarding each
enhanced standard of performance or other requirement described in the petition.
(bb) Provisions
The preliminary assessment developed by the Great Lakes Commission under item
(aa)—
(AA) may be developed in consultation with relevant experts and stakeholders;
(BB) may be narrative in nature;
(CC) may include the preliminary views, if any, of the Great Lakes Commission on
the propriety of the proposed enhanced standard of performance or other requirement;
(DD) shall be submitted, in writing, to the Governor of each Great Lakes State and
the Director of the Great Lakes National Program Office and published on the internet
website of the Great Lakes National Program Office; and
(EE) except as provided in clause (iii), shall not be taken into consideration, or
provide a basis for review, by the Administrator or the Secretary for purposes of that
clause.
(ii) Proposed enhanced standards and requirements
(I) Publication in Federal Register
(aa) Request by Governor
Not earlier than the date that is 90 days after the date on which the Executive Director
of the Great Lakes Commission receives from a Governor of a Great Lakes State a
petition under clause (i)(II)(aa), the Governor may request the Director of the Great
Lakes National Program Office to publish, for a period requested by the Governor of not
less than 30 days, and the Director shall so publish, in the Federal Register for public
comment—
(AA) a copy of the petition; and
(BB) if applicable as of the date of publication, any preliminary assessment of the
Great Lakes Commission developed under clause (i)(III) relating to the petition.
(bb) Review of public comments
On receipt of a written request of a Governor of a Great Lakes State, the Director of
the Great Lakes National Program Office shall make available all public comments
received in response to the notice under item (aa).
(cc) No response required
Notwithstanding any other provision of law, a Governor of a Great Lakes State or the
Director of the Great Lakes National Program Office shall not be required to provide a
response to any comment received in response to the publication of a petition or
preliminary assessment under item (aa).
(dd) Purpose
Any public comments received in response to the publication of a petition or
preliminary assessment under item (aa) shall be used solely for the purpose of providing
information and feedback to the Governor of each Great Lakes State regarding the
decision to endorse the proposed standard or requirement.
(ee) Effect of petition
A proposed standard or requirement developed under subclause (II) may differ from
the proposed standard or requirement described in a petition published under item (aa).
(II) Coordination to develop proposed standard or requirement
After the expiration of the public comment period for the petition under subclause (I),
any interested Governor of a Great Lakes State may work in coordination with the Great
Lakes Commission to develop a proposed standard of performance or other requirement
applicable to a discharge referred to in the petition.
(III) Requirements
A proposed standard of performance or other requirement under subclause (II)—
(aa) shall be developed—
(AA) in consultation with representatives from the Federal and provincial
governments of Canada;
(BB) after notice and opportunity for public comment on the petition published
under subclause (I); and
(CC) taking into consideration the preliminary assessment, if any, of the Great
Lakes Commission under clause (i)(III);
(bb) shall be specifically endorsed in writing by—
(AA) the Governor of each Great Lakes State, if the proposed standard or
requirement would impose any additional equipment requirement on a vessel; or
(BB) not fewer than 5 Governors of Great Lakes States, if the proposed standard or
requirement would not impose any additional equipment requirement on a vessel; and
(cc) in the case of a proposed requirement to prohibit 1 or more types of discharge
regulated under this subsection, whether treated or not treated, into waters within the
Great Lakes System, shall not apply outside the waters of the Great Lakes States of the
Governors endorsing the proposed requirement under item (bb).
(iii) Promulgation by Administrator and Secretary
(I) Submission
(aa) In general
The Governors endorsing a proposed standard or requirement under clause
(ii)(III)(bb) may jointly submit to the Administrator and the Secretary for approval each
proposed standard of performance or other requirement developed and endorsed
pursuant to clause (ii).
(bb) Inclusion
Each submission under item (aa) shall include an explanation regarding why the
applicable standard of performance or other requirement is—
(AA) at least as stringent as a comparable standard of performance or other
requirement under this subsection;
(BB) in accordance with maritime safety; and
(CC) in accordance with applicable maritime and navigation laws and regulations.
(cc) Withdrawal
(AA) In general
The Governor of any Great Lakes State that endorses a proposed standard or
requirement under clause (ii)(III)(bb) may withdraw the endorsement by not later than
the date that is 90 days after the date on which the Administrator and the Secretary
receive the proposed standard or requirement.
(BB) Effect on Federal review
If, after the withdrawal of an endorsement under subitem (AA), the proposed
standard or requirement does not have the applicable number of endorsements under
clause (ii)(III)(bb), the Administrator and the Secretary shall terminate the review
under this clause.
(dd) Dissenting opinions
The Governor of a Great Lakes State that does not endorse a proposed standard or
requirement under clause (ii)(III)(bb) may submit to the Administrator and the Secretary
any dissenting opinions of the Governor.
(II) Joint notice
On receipt of a proposed standard of performance or other requirement under subclause
(I), the Administrator and the Secretary shall publish in the Federal Register a joint notice
that, at minimum—
(aa) states that the proposed standard or requirement is publicly available; and
(bb) provides an opportunity for public comment regarding the proposed standard or
requirement during the 90-day period beginning on the date of receipt by the
Administrator and the Secretary of the proposed standard or requirement.
(III) Review
(aa) In general
As soon as practicable after the date of publication of a joint notice under subclause
(II)—
(AA) the Administrator shall commence a review of each proposed standard of
performance or other requirement covered by the notice to determine whether that
standard or requirement is at least as stringent as comparable standards and
requirements under this subsection; and
(BB) the Secretary shall commence a review of each proposed standard of
performance or other requirement covered by the notice to determine whether that
standard or requirement is in accordance with maritime safety and applicable
maritime and navigation laws and regulations.
(bb) Consultation
In carrying out item (aa), the Administrator and the Secretary—
(AA) shall consult with the Governor of each Great Lakes State and representatives
from the Federal and provincial governments of Canada;
(BB) shall take into consideration any relevant data or public comments received
under subclause (II)(bb); and
(CC) shall not take into consideration any preliminary assessment by the Great
Lakes Commission under clause (i)(III), or any dissenting opinion under subclause
(I)(dd), except to the extent that such an assessment or opinion is relevant to the
criteria for the applicable determination under item (aa).
(IV) Approval or disapproval
Not later than 180 days after the date of receipt of each proposed standard of
performance or other requirement under subclause (I), the Administrator and the Secretary
shall—
(aa) determine, as applicable, whether each proposed standard or other requirement
satisfies the criteria under subclause (III)(aa);
(bb) approve each proposed standard or other requirement, unless the Administrator
or the Secretary, as applicable, determines under item (aa) that the proposed standard or
other requirement does not satisfy the criteria under subclause (III)(aa); and
(cc) submit to the Governor of each Great Lakes State, and publish in the Federal
Register, a notice of the determination under item (aa).
(V) Action on disapproval
(aa) Rationale and recommendations
If the Administrator and the Secretary disapprove a proposed standard of performance
or other requirement under subclause (IV)(bb), the notices under subclause (IV)(cc)
shall include—
(AA) a description of the reasons why the standard or requirement is, as applicable,
less stringent than a comparable standard or requirement under this subsection,
inconsistent with maritime safety, or inconsistent with applicable maritime and
navigation laws and regulations; and
(BB) any recommendations regarding changes the Governors of the Great Lakes
States could make to conform the disapproved portion of the standard or requirement
to the requirements of this subparagraph.
(bb) Review
Disapproval of a proposed standard or requirement by the Administrator and the
Secretary under this subparagraph shall be considered to be a final agency action subject
to judicial review under section 1369 of this title.
(VI) Action on approval
On approval by the Administrator and the Secretary of a proposed standard of
performance or other requirement under subclause (IV)(bb)—
(aa) the Administrator shall establish, by regulation, the proposed standard or
requirement within the Great Lakes System in lieu of any comparable standard or other
requirement promulgated under paragraph (4); and
(bb) the Secretary shall establish, by regulation, any requirements necessary to
implement, ensure compliance with, and enforce the standard or requirement under item
(aa), or to apply the proposed requirement, within the Great Lakes System in lieu of any
comparable requirement promulgated under paragraph (5).
(VII) No judicial review for certain actions
An action or inaction of a Governor of a Great Lakes State or the Great Lakes
Commission under this subparagraph shall not be subject to judicial review.
(VIII) Great Lakes Compact
Nothing in this subsection limits, alters, or amends the Great Lakes Compact 2 to which
Congress granted consent in the Act of July 24, 1968 (Public Law 90–419; 82 Stat. 414).
(IX) Authorization of appropriations
There is authorized to be appropriated to the Great Lakes Commission $5,000,000, to be
available until expended.
(C) Minimum Pacific Region requirements
(i) Definition of commercial vessel
In this subparagraph, the term "commercial vessel" means a vessel operating between—
(I) 2 ports or places of destination within the Pacific Region; or
(II) a port or place of destination within the Pacific Region and a port or place of
destination on the Pacific Coast of Canada or Mexico north of parallel 20 degrees north
latitude, inclusive of the Gulf of California.
(ii) Ballast water exchange
(I) In general
Except as provided in subclause (II) and clause (iv), the owner or operator of a
commercial vessel shall conduct a complete ballast water exchange in waters more than 50
nautical miles from shore.
(II) Exemptions
Subclause (I) shall not apply to a commercial vessel—
(aa) using, in compliance with applicable requirements, a type-approved ballast water
management system approved by the Secretary; or
(bb) voyaging—
(AA) between or to a port or place of destination in the State of Washington, if the
ballast water to be discharged from the commercial vessel originated solely from
waters located between the parallel 46 degrees north latitude, including the internal
waters of the Columbia River, and the internal waters of Canada south of parallel 50
degrees north latitude, including the waters of the Strait of Georgia and the Strait of
Juan de Fuca;
(BB) between ports or places of destination in the State of Oregon, if the ballast
water to be discharged from the commercial vessel originated solely from waters
located between the parallel 40 degrees north latitude and the parallel 50 degrees
north latitude;
(CC) between ports or places of destination in the State of California within the San
Francisco Bay area east of the Golden Gate Bridge, including the Port of Stockton and
the Port of Sacramento, if the ballast water to be discharged from the commercial
vessel originated solely from ports or places within that area;
(DD) between the Port of Los Angeles, the Port of Long Beach, and the El Segundo
offshore marine oil terminal, if the ballast water to be discharged from the
commercial vessel originated solely from the Port of Los Angeles, the Port of Long
Beach, or the El Segundo offshore marine oil terminal;
(EE) between a port or place of destination in the State of Alaska within a single
Captain of the Port Zone;
(FF) between ports or places of destination in different counties of the State of
Hawaii, if the vessel may conduct a complete ballast water exchange in waters that
are more than 10 nautical miles from shore and at least 200 meters deep; or
(GG) between ports or places of destination within the same county of the State of
Hawaii, if the vessel does not transit outside State marine waters during the voyage.
(iii) Low-salinity ballast water
(I) In general
Except as provided in subclause (II) and clause (iv), the owner or operator of a
commercial vessel that transports ballast water sourced from waters with a measured
salinity of less than 18 parts per thousand and voyages to a Pacific Region port or place of
destination with a measured salinity of less than 18 parts per thousand shall conduct a
complete ballast water exchange—
(aa) not less than 50 nautical miles from shore, if the ballast water was sourced from a
Pacific Region port or place of destination; or
(bb) more than 200 nautical miles from shore, if the ballast water was not sourced
from a Pacific Region port or place of destination.
(II) Exception
Subclause (I) shall not apply to a commercial vessel voyaging to a port or place of
destination in the Pacific Region that is using, in compliance with applicable requirements,
a type-approved ballast water management system approved by the Secretary to achieve
standards of performance of—
(aa) less than 1 organism per 10 cubic meters, if that organism—
(AA) is living, or has not been rendered nonviable; and
(BB) is 50 or more micrometers in minimum dimension;
EDITORIAL NOTES
REFERENCES IN TEXT
For definition of Canal Zone, referred to in subsecs. (a)(4) and (m), see section 3602(b) of Title 22, Foreign
Relations and Intercourse.
Sections 92, 93, and 633 of title 14, referred to in subsec. (p)(1)(J), were redesignated sections 501, 504,
and 503, respectively, of title 14 by Pub. L. 115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200, and
references to sections 92, 93, and 633 of title 14 deemed to refer to such redesignated sections, see section
123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L.
115–282 note preceding section 101 of Title 14, Coast Guard.
The Act of July 24, 1968, referred to in subsec. (p)(1)(L), (10)(B)(iii)(VIII), is Pub. L. 90–419, July 24,
1968, 82 Stat. 414, which is not classified to the Code.
The Safe Drinking Water Act, referred to in subsec. (p)(2)(B)(ii)(III), is title XIV of act July 1, 1944, as
added Dec. 16, 1974, Pub. L. 93–523, §2(a), 88 Stat. 1660, which is classified generally to subchapter XII
(§300f et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.
Section 903(a)(2)(A) of the Vessel Incidental Discharge Act of 2018, referred to in subsec. (p)(3)(B), is
section 903(a)(2)(A) of title IX of Pub. L. 115–282, Dec. 4, 2018, 132 Stat. 4354, which repealed section 4711
of Title 16, Conservation, and provisions set out as a note under section 1342 of this title.
The Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, referred to in subsec. (p)(3)(B),
(5)(A)(ii)(IV), (C)(ii)(II)(bb)(AA), (cc), is title I of Pub. L. 101–646, Nov. 29, 1990, 104 Stat. 4761, which is
classified principally to chapter 67 (§4701 et seq.) of Title 16, Conservation. Section 1101 of the Act (as in
effect on the day before December 4, 2018), means section 1101 of the Act, which was classified to section
4711 of Title 16, prior to repeal by Pub. L. 115–282, title IX, §903(a)(2)(A)(i), Dec. 4, 2018, 132 Stat. 4354.
For complete classification of this Act to the Code, see Short Title note set out under section 4701 of Title 16
and Tables.
Section 1414 of the Consolidated Appropriations Act, 2001 (Public Law 106–554; 114 Stat. 2763A–323),
referred to in subsec. (p)(9)(A)(v), probably means section 1414 of title XIV of div. B of H.R. 5666 of the
106th Congress, as enacted into law by section 1(a)(4) of Pub. L. 106–554, Dec. 21, 2000, 114 Stat. 2763,
2763A–322, which is set out in a note under section 1901 of this title.
The Act to Prevent Pollution from Ships, referred to in subsec. (p)(9)(B)(iii), is Pub. L. 96–478, Oct. 21,
1980, 94 Stat. 2297, which is classified principally to chapter 33 (§1901 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables.
The Coast Guard Authorization Act of 2010, referred to in subsec. (p)(9)(B)(iv), is Pub. L. 111–281, Oct.
15, 2010, 124 Stat. 2905. Title X of the Act is classified principally to chapter 51 (§3801 et seq.) of this title.
For complete classification of this Act to the Code, see Tables.
AMENDMENTS
2018—Pub. L. 115–282, §903(b)(1), substituted "Marine sanitation devices; discharges incidental to the
normal operation of vessels" for "Marine sanitation devices" in section catchline.
Subsec. (a). Pub. L. 115–282, §903(b)(1), inserted heading and substituted "In" for "For the purpose of" in
introductory provisions.
Subsec. (a)(7). Pub. L. 115–282, §903(b)(2)(A), substituted "devices, marine pollution control device
equipment, or vessels" for "devices or of vessels".
Subsec. (a)(13). Pub. L. 115–282, §903(b)(2)(B), inserted ", except as provided in subsection (p)," after
"means" in introductory provisions.
Subsec. (g)(1). Pub. L. 115–282, §903(b)(3)(A), (B), inserted "or marine pollution control device
equipment" after "marine sanitation device" in two places and "or equipment" after "such device" and "test
device".
Subsec. (g)(2). Pub. L. 115–282, §903(b)(3)(A), (C), inserted "or marine pollution control device
equipment" after "marine sanitation device" and "or equipment" after "the device", "Any device", and
"certified test device" wherever appearing.
Subsec. (h). Pub. L. 115–282, §903(b)(4)(D), inserted heading.
Subsec. (h)(1). Pub. L. 115–282, §903(b)(4)(C), (D), designated existing provisions as par. (1), inserted
heading, substituted "Subject to paragraph (2), after" for "After", redesignated former pars. (1) to (4) as
subpars. (A) to (D), respectively, of par. (1), and realigned margins.
Pub. L. 115–282, §903(b)(4)(A), inserted "and marine pollution control device equipment" after "marine
sanitation device".
Subsec. (h)(2). Pub. L. 115–282, §903(b)(4)(E), added par. (2). Former par. (2) redesignated subpar. (B) of
subsec. (h)(1).
Pub. L. 115–282, §903(b)(4)(B), inserted "or any certified marine pollution control device equipment or
element of design of such equipment" after "such device".
Subsec. (h)(3), (4). Pub. L. 115–282, §903(b)(4)(C), redesignated pars. (3) and (4) as subpars. (C) and (D),
respectively, of subsec. (h)(1).
Subsec. (k). Pub. L. 115–282, §903(c), designated first sentence of existing provisions as par. (2)(A),
substituted "This" for "The provisions of this" and "operating, who may use, by agreement" for "operating and
he may utilize by agreement" in par. (2)(A) as redesignated, inserted headings for subsec. (k), par. (2), and
par. (2)(A), added pars. (1), (2)(B), (2)(C), and (3), and struck out former second sentence which read as
follows: "The provisions of this section may also be enforced by a State."
Subsec. (p). Pub. L. 115–282, §903(a)(1), added subsec. (p).
2008—Subsec. (o). Pub. L. 110–288 added subsec. (o).
1996—Subsec. (a)(8). Pub. L. 104–106, §325(c)(1)(A), substituted "corporation, association, or agency of
the United States," for "corporation, or association,".
Subsec. (a)(12) to (14). Pub. L. 104–106, §325(c)(1)(B), (C), added pars. (12) to (14).
Subsec. (j). Pub. L. 104–106, §325(c)(2), substituted "subsection (g)(1), clause (1) or (2) of subsection (h),
or subsection (n)(8) shall be liable" for "subsection (g)(1) of this section or clause (1) or (2) of subsection (h)
of this section shall be liable".
Subsec. (n). Pub. L. 104–106, §325(b), added subsec. (n).
1987—Subsec. (f)(1). Pub. L. 100–4, §311(a), designated existing provision as subpar. (A), substituted
"Except as provided in subparagraph (B), after" for "After", and added subpar. (B).
Subsec. (k). Pub. L. 100–4, §311(b), inserted at end "The provisions of this section may also be enforced by
a State."
1977—Subsec. (a)(6). Pub. L. 95–217, §59(a), inserted "except that, with respect to commercial vessels on
the Great Lakes, such term shall include graywater" after "receive or retain body wastes".
Subsec. (a)(10), (11). Pub. L. 95–217, §59(b), added pars. (10) and (11).
Subsec. (b)(1). Pub. L. 95–217, §59(c), inserted references to standards established under subsec. (c)(1)(B)
of this section and to standards promulgated under subsec. (c) of this section.
Subsec. (c)(1). Pub. L. 95–217, §59(d), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (f)(4). Pub. L. 95–217, §59(e), designated existing provisions as subpar. (A) and added subpar. (B).
EXECUTIVE DOCUMENTS
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48,
Territories and Insular Possessions.
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.
EDITORIAL NOTES
AMENDMENTS
2011—Subsec. (c). Pub. L. 111–378 added subsec. (c).
1977—Subsec. (a). Pub. L. 95–217, §§60, 61(a), designated existing provisions as subsec. (a) and inserted
provisions making officers, agents, or employees of Federal departments, agencies, or instrumentalities
subject to Federal, State, interstate, and local requirements, administrative authority, process, and sanctions
respecting the control and abatement of water pollution in the same manner and to the same extent as
non-governmental entities, including the payment of reasonable service charges, inserted provisions covering
Federal employee liability, and inserted provisions relating to military source exemptions and the issuance of
regulations covering those exemptions.
Subsec. (b). Pub. L. 95–217, §60, added subsec. (b).
EXECUTIVE DOCUMENTS
FEDERAL COMPLIANCE WITH POLLUTION CONTROL 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.
EXECUTIVE ORDER NO. 11258
Ex. Ord. No. 11258, Nov. 17, 1965, 30 F.R. 14483, which related to prevention, control, and abatement of
water pollution by federal activities, was superseded by Ex. Ord. No. 11286, July 2, 1966, 31 F.R. 9261.
EXECUTIVE ORDER NO. 11288
Ex. Ord. No. 11288, July 2, 1966, 31 F.R. 9261, which provided for prevention, control, and abatement of
water pollution from federal activities, was superseded by Ex. Ord. No. 11507, Feb. 4, 1970, 35 F.R. 2573.
§1324. Clean lakes
(a) Establishment and scope of program
(1) State program requirements
Each State on a biennial basis shall prepare and submit to the Administrator for his approval—
(A) an identification and classification according to eutrophic condition of all publicly owned
lakes in such State;
(B) a description of procedures, processes, and methods (including land use requirements), to
control sources of pollution of such lakes;
(C) a description of methods and procedures, in conjunction with appropriate Federal
agencies, to restore the quality of such lakes;
(D) methods and procedures to mitigate the harmful effects of high acidity, including
innovative methods of neutralizing and restoring buffering capacity of lakes and methods of
removing from lakes toxic metals and other toxic substances mobilized by high acidity;
(E) a list and description of those publicly owned lakes in such State for which uses are
known to be impaired, including those lakes which are known not to meet applicable water
quality standards or which require implementation of control programs to maintain compliance
with applicable standards and those lakes in which water quality has deteriorated as a result of
high acidity that may reasonably be due to acid deposition; and
(F) an assessment of the status and trends of water quality in lakes in such State, including
but not limited to, the nature and extent of pollution loading from point and nonpoint sources
and the extent to which the use of lakes is impaired as a result of such pollution, particularly
with respect to toxic pollution.
(2) Submission as part of 1315(b)(1) report
The information required under paragraph (1) shall be included in the report required under
section 1315(b)(1) of this title, beginning with the report required under such section by April 1,
1988.
(3) Report of Administrator
Not later than 180 days after receipt from the States of the biennial information required under
paragraph (1), the Administrator shall submit to the Committee on Public Works and
Transportation of the House of Representatives and the Committee on Environment and Public
Works of the Senate a report on the status of water quality in lakes in the United States, including
the effectiveness of the methods and procedures described in paragraph (1)(D).
(4) Eligibility requirement
Beginning after April 1, 1988, a State must have submitted the information required under
paragraph (1) in order to receive grant assistance under this section.
(b) Financial assistance to States
The Administrator shall provide financial assistance to States in order to carry out methods and
procedures approved by him under subsection (a) of this section. The Administrator shall provide
financial assistance to States to prepare the identification and classification surveys required in
subsection (a)(1) of this section.
(c) Maximum amount of grant; authorization of appropriations
(1) The amount granted to any State for any fiscal year under subsection (b) of this section shall
not exceed 70 per centum of the funds expended by such State in such year for carrying out approved
methods and procedures under subsection (a) of this section.
(2) There is authorized to be appropriated $50,000,000 for each of fiscal years 2001 through 2005
for grants to States under subsection (b) of this section which such sums shall remain available until
expended. The Administrator shall provide for an equitable distribution of such sums to the States
with approved methods and procedures under subsection (a) of this section.
(d) Demonstration program
(1) General requirements
The Administrator is authorized and directed to establish and conduct at locations throughout
the Nation a lake water quality demonstration program. The program shall, at a minimum—
(A) develop cost effective technologies for the control of pollutants to preserve or enhance
lake water quality while optimizing multiple lakes uses;
(B) control nonpoint sources of pollution which are contributing to the degradation of water
quality in lakes;
(C) evaluate the feasibility of implementing regional consolidated pollution control strategies;
(D) demonstrate environmentally preferred techniques for the removal and disposal of
contaminated lake sediments;
(E) develop improved methods for the removal of silt, stumps, aquatic growth, and other
obstructions which impair the quality of lakes;
(F) construct and evaluate silt traps and other devices or equipment to prevent or abate the
deposit of sediment in lakes; and
(G) demonstrate the costs and benefits of utilizing dredged material from lakes in the
reclamation of despoiled land.
(2) Geographical requirements
Demonstration projects authorized by this subsection shall be undertaken to reflect a variety of
geographical and environmental conditions. As a priority, the Administrator shall undertake
demonstration projects at Lake Champlain, New York and Vermont; Lake Houston, Texas;
Beaver Lake, Arkansas; Greenwood Lake and Belcher Creek, New Jersey; Deal Lake, New
Jersey; Alcyon Lake, New Jersey; Gorton's Pond, Rhode Island; Lake Washington, Rhode Island;
Lake Bomoseen, Vermont; Sauk Lake, Minnesota; Otsego Lake, New York; Oneida Lake, New
York; Raystown Lake, Pennsylvania; Swan Lake, Itasca County, Minnesota; Walker Lake,
Nevada; Lake Tahoe, California and Nevada; Ten Mile Lakes, Oregon; Woahink Lake, Oregon;
Highland Lake, Connecticut; Lily Lake, New Jersey; Strawbridge Lake, New Jersey; Baboosic
Lake, New Hampshire; French Pond, New Hampshire; Dillon Reservoir, Ohio; Tohopekaliga
Lake, Florida; Lake Apopka, Florida; Lake George, New York; Lake Wallenpaupack,
Pennsylvania; Lake Allatoona, Georgia; and Lake Worth, Texas.
(3) Reports
Notwithstanding section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31
U.S.C. 1113 note; 109 Stat. 734–736), by January 1, 1997, and January 1 of every odd-numbered
year thereafter, the Administrator shall report to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Environment and Public
Works of the Senate on work undertaken pursuant to this subsection. Upon completion of the
program authorized by this subsection, the Administrator shall submit to such committees a final
report on the results of such program, along with recommendations for further measures to
improve the water quality of the Nation's lakes.
(4) Authorization of appropriations
(A) In general
There is authorized to be appropriated to carry out this subsection not to exceed $40,000,000
for fiscal years beginning after September 30, 1986, to remain available until expended.
(B) Special authorizations
(i) Amount
There is authorized to be appropriated to carry out subsection (b) with respect to
subsection (a)(1)(D) not to exceed $25,000,000 for fiscal years beginning after September 30,
1986, to remain available until expended.
(ii) Distribution of funds
The Administrator shall provide for an equitable distribution of sums appropriated
pursuant to this subparagraph among States carrying out approved methods and procedures.
Such distribution shall be based on the relative needs of each such State for the mitigation of
the harmful effects on lakes and other surface waters of high acidity that may reasonably be
due to acid deposition or acid mine drainage.
(iii) Grants as additional assistance
The amount of any grant to a State under this subparagraph shall be in addition to, and not
in lieu of, any other Federal financial assistance.
(June 30, 1948, ch. 758, title III, §314, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 875;
amended Pub. L. 95–217, §§4(f), 62(a), Dec. 27, 1977, 91 Stat. 1567, 1598; Pub. L. 96–483, §1(f),
Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100–4, title I, §101(g), title III, §315(a), (b), (d), Feb. 4, 1987,
101 Stat. 9, 49, 50, 52; Pub. L. 101–596, title III, §302, Nov. 16, 1990, 104 Stat. 3006; Pub. L.
104–66, title II, §2021(c), Dec. 21, 1995, 109 Stat. 727; Pub. L. 105–362, title V, §501(b), Nov. 10,
1998, 112 Stat. 3283; Pub. L. 106–457, title VII, §§701, 702, Nov. 7, 2000, 114 Stat. 1976; Pub. L.
107–303, title III, §302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 3003 of the Federal Reports Elimination and Sunset Act of 1995, referred to in subsec. (d)(3), is
section 3003 of Pub. L. 104–66, which is set out as a note under section 1113 of Title 31, Money and Finance.
AMENDMENTS
2002—Subsec. (a)(3), (4). Pub. L. 107–303 repealed Pub. L. 105–362, §501(b). See 1998 Amendment note
below.
2000—Subsec. (c)(2). Pub. L. 106–457, §701, substituted "$50,000,000 for each of fiscal years 2001
through 2005" for "$50,000,000 for the fiscal year ending June 30, 1973; $100,000,000 for the fiscal year
1974; $150,000,000 for the fiscal year 1975, $50,000,000 for fiscal year 1977, $60,000,000 for fiscal year
1978, $60,000,000 for fiscal year 1979, $60,000,000 for fiscal year 1980, $30,000,000 for fiscal year 1981,
$30,000,000 for fiscal year 1982, such sums as may be necessary for fiscal years 1983 through 1985, and
$30,000,000 per fiscal year for each of the fiscal years 1986 through 1990".
Subsec. (d)(2). Pub. L. 106–457, §702(1), inserted "Otsego Lake, New York; Oneida Lake, New York;
Raystown Lake, Pennsylvania; Swan Lake, Itasca County, Minnesota; Walker Lake, Nevada; Lake Tahoe,
California and Nevada; Ten Mile Lakes, Oregon; Woahink Lake, Oregon; Highland Lake, Connecticut; Lily
Lake, New Jersey; Strawbridge Lake, New Jersey; Baboosic Lake, New Hampshire; French Pond, New
Hampshire; Dillon Reservoir, Ohio; Tohopekaliga Lake, Florida; Lake Apopka, Florida; Lake George, New
York; Lake Wallenpaupack, Pennsylvania; Lake Allatoona, Georgia;" after "Sauk Lake, Minnesota;".
Subsec. (d)(3). Pub. L. 106–457, §702(2), substituted "Notwithstanding section 3003 of the Federal Reports
Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note; 109 Stat. 734–736), by" for "By".
Subsec. (d)(4)(B)(i). Pub. L. 106–457, §702(3), substituted "$25,000,000" for "$15,000,000".
1998—Subsec. (a)(3), (4). Pub. L. 105–362, §501(b), which directed the redesignation of par. (4) as (3) and
striking out of heading and text of par. (3), was repealed by Pub. L. 107–303. See Effective Date of 2002
Amendment note below.
1995—Subsec. (d)(3). Pub. L. 104–66 substituted "By January 1, 1997, and January 1 of every
odd-numbered year thereafter, the Administrator shall report to the Committee on Transportation and
Infrastructure" for "The Administrator shall report annually to the Committee on Public Works and
Transportation".
1990—Subsec. (d)(2). Pub. L. 101–596 inserted "Lake Champlain, New York and Vermont;" before "Lake
Houston, Texas".
1987—Subsec. (a). Pub. L. 100–4, §315(a), amended subsec. (a) generally. Prior to amendment, subsec. (a)
read as follows: "Each State shall prepare or establish, and submit to the Administrator for his approval—
"(1) an identification and classification according to eutrophic condition of all publicly owned fresh
water lakes in such State;
"(2) procedures, processes, and methods (including land use requirements), to control sources of
pollution of such lakes; and
"(3) methods and procedures, in conjunction with appropriate Federal agencies, to restore the quality
of such lakes."
Subsec. (b). Pub. L. 100–4, §315(d)(1), substituted "subsection (a) of this section" for "this section" in first
sentence.
Subsec. (c)(1). Pub. L. 100–4, §315(d)(2), substituted "subsection (b) of this section" for first reference to
"this section" and "subsection (a) of this section" for second reference to "this section".
Subsec. (c)(2). Pub. L. 100–4, §§101(g), 315(d)(3), struck out "and" after "1981," and inserted ", such sums
as may be necessary for fiscal years 1983 through 1985, and $30,000,000 per fiscal year for each of the fiscal
years 1986 through 1990" after "1982", and substituted "subsection (b) of this section" for first reference to
"this section" and "subsection (a) of this section" for second reference to "this section".
Subsec. (d). Pub. L. 100–4, §315(b), added subsec. (d).
1980—Subsec. (c)(2). Pub. L. 96–483 inserted authorization of $30,000,000 for each of fiscal years 1981
and 1982.
1977—Subsec. (b). Pub. L. 95–217, §62(a), inserted provision directing the Administrator to provide
financial assistance to States to prepare the identification and classification surveys required in subsec. (a)(1)
of this section.
Subsec. (c)(2). Pub. L. 95–217, §4(f), substituted "$150,000,000 for the fiscal year 1975, $50,000,000 for
fiscal year 1977, $60,000,000 for fiscal year 1978, $60,000,000 for fiscal year 1979, and $60,000,000 for
fiscal year 1980" for "and $150,000,000 for the fiscal year 1975".
EDITORIAL NOTES
REFERENCES IN TEXT
Travel expenses, including per diem in lieu of subsistence as authorized by law, referred to subsec. (f),
probably refers to the allowances authorized by section 5703 of Title 5, Government Organization and
Employees.
The General Schedule, referred to in subsec. (g), is set out under section 5332 of Title 5.
The Rules of the House of Representatives for the One Hundred Sixth Congress were adopted and amended
generally by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Provisions formerly
appearing in rule 43, referred to in subsec. (g), were contained in rule XXIV, which was subsequently
renumbered Rule XXIII by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.
AMENDMENTS
1976—Subsec. (h). Pub. L. 94–238 substituted "$17,250,000" for "$17,000,000".
1975—Subsec. (h). Pub. L. 93–592 substituted "$17,000,000" for "$15,000,000".
1973—Subsecs. (g), (h). Pub. L. 93–207 added subsec. (g) and redesignated former subsec. (g) as (h).
EDITORIAL NOTES
AMENDMENTS
1986—Subsec. (c). Pub. L. 99–514 substituted "Internal Revenue Code of 1986" for "Internal Revenue
Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text.
§1327. Omitted
EDITORIAL NOTES
CODIFICATION
Section, act June 30, 1948, ch. 758, title III, §317, as added Oct. 18, 1972, Pub. L. 92–500, §2, 86 Stat. 877,
authorized Administrator to investigate and study feasibility of alternate methods of financing cost of
preventing, controlling, and abating pollution as directed by Water Quality Improvement Act of 1970 and to
report to Congress, not later than two years after Oct. 18, 1972, the results of investigation and study
accompanied by recommendations for financing these programs for fiscal years beginning after 1976.
§1328. Aquaculture
(a) Authority to permit discharge of specific pollutants
The Administrator is authorized, after public hearings, to permit the discharge of a specific
pollutant or pollutants under controlled conditions associated with an approved aquaculture project
under Federal or State supervision pursuant to section 1342 of this title.
(b) Procedures and guidelines
The Administrator shall by regulation establish any procedures and guidelines which the
Administrator deems necessary to carry out this section. Such regulations shall require the
application to such discharge of each criterion, factor, procedure, and requirement applicable to a
permit issued under section 1342 of this title, as the Administrator determines necessary to carry out
the objective of this chapter.
(c) State administration
Each State desiring to administer its own permit program within its jurisdiction for discharge of a
specific pollutant or pollutants under controlled conditions associated with an approved aquaculture
project may do so if upon submission of such program the Administrator determines such program is
adequate to carry out the objective of this chapter.
(June 30, 1948, ch. 758, title III, §318, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 877;
amended Pub. L. 95–217, §63, Dec. 27, 1977, 91 Stat. 1599.)
EDITORIAL NOTES
AMENDMENTS
1977—Subsec. (a). Pub. L. 95–217 inserted "pursuant to section 1342 of this title" after "Federal or State
supervision".
Subsec. (b). Pub. L. 95–217 struck out ", not later than January 1, 1974," after "The Administrator shall by
regulation" in existing provisions and inserted provisions that the regulations require the application to the
discharge of each criterion, factor, procedure, and requirement applicable to a permit issued under section
1342 of this title, as the Administrator determines necessary to carry out the objectives of this chapter.
Subsec. (c). Pub. L. 95–217 added subsec. (c).
the Administrator shall within 6 months of the receipt of the proposed program notify the State of
any revisions or modifications necessary to obtain approval. The State shall thereupon have an
additional 3 months to submit its revised management program and the Administrator shall
approve or disapprove such revised program within three months of receipt.
(3) Failure of State to submit report
If a Governor of a State does not submit the report required by subsection (a) within the period
specified by subsection (c)(2), the Administrator shall, within 30 months after February 4, 1987,
prepare a report for such State which makes the identifications required by paragraphs (1)(A) and
(1)(B) of subsection (a). Upon completion of the requirement of the preceding sentence and after
notice and opportunity for comment, the Administrator shall report to Congress on his actions
pursuant to this section.
(e) Local management programs; technical assistance
If a State fails to submit a management program under subsection (b) or the Administrator does
not approve such a management program, a local public agency or organization which has expertise
in, and authority to, control water pollution resulting from nonpoint sources in any area of such State
which the Administrator determines is of sufficient geographic size may, with approval of such
State, request the Administrator to provide, and the Administrator shall provide, technical assistance
to such agency or organization in developing for such area a management program which is
described in subsection (b) and can be approved pursuant to subsection (d). After development of
such management program, such agency or organization shall submit such management program to
the Administrator for approval. If the Administrator approves such management program, such
agency or organization shall be eligible to receive financial assistance under subsection (h) for
implementation of such management program as if such agency or organization were a State for
which a report submitted under subsection (a) and a management program submitted under
subsection (b) were approved under this section. Such financial assistance shall be subject to the
same terms and conditions as assistance provided to a State under subsection (h).
(f) Technical assistance for States
Upon request of a State, the Administrator may provide technical assistance to such State in
developing a management program approved under subsection (b) for those portions of the navigable
waters requested by such State.
(g) Interstate management conference
(1) Convening of conference; notification; purpose
If any portion of the navigable waters in any State which is implementing a management
program approved under this section is not meeting applicable water quality standards or the goals
and requirements of this chapter as a result, in whole or in part, of pollution from nonpoint sources
in another State, such State may petition the Administrator to convene, and the Administrator shall
convene, a management conference of all States which contribute significant pollution resulting
from nonpoint sources to such portion. If, on the basis of information available, the Administrator
determines that a State is not meeting applicable water quality standards or the goals and
requirements of this chapter as a result, in whole or in part, of significant pollution from nonpoint
sources in another State, the Administrator shall notify such States. The Administrator may
convene a management conference under this paragraph not later than 180 days after giving such
notification, whether or not the State which is not meeting such standards requests such
conference. The purpose of such conference shall be to develop an agreement among such States
to reduce the level of pollution in such portion resulting from nonpoint sources and to improve the
water quality of such portion. Nothing in such agreement shall supersede or abrogate rights to
quantities of water which have been established by interstate water compacts, Supreme Court
decrees, or State water laws. This subsection shall not apply to any pollution which is subject to
the Colorado River Basin Salinity Control Act [43 U.S.C. 1571 et seq.]. The requirement that the
Administrator convene a management conference shall not be subject to the provisions of section
1365 of this title.
(2) State management program requirement
To the extent that the States reach agreement through such conference, the management
programs of the States which are parties to such agreements and which contribute significant
pollution to the navigable waters or portions thereof not meeting applicable water quality
standards or goals and requirements of this chapter will be revised to reflect such agreement. Such
management programs shall be consistent with Federal and State law.
(h) Grant program
(1) Grants for implementation of management programs
Upon application of a State for which a report submitted under subsection (a) and a
management program submitted under subsection (b) is approved under this section, the
Administrator shall make grants, subject to such terms and conditions as the Administrator
considers appropriate, under this subsection to such State for the purpose of assisting the State in
implementing such management program. Funds reserved pursuant to section 1285(j)(5) of this
title may be used to develop and implement such management program.
(2) Applications
An application for a grant under this subsection in any fiscal year shall be in such form and
shall contain such other information as the Administrator may require, including an identification
and description of the best management practices and measures which the State proposes to assist,
encourage, or require in such year with the Federal assistance to be provided under the grant.
(3) Federal share
The Federal share of the cost of each management program implemented with Federal
assistance under this subsection in any fiscal year shall not exceed 60 percent of the cost incurred
by the State in implementing such management program and shall be made on condition that the
non-Federal share is provided from non-Federal sources.
(4) Limitation on grant amounts
Notwithstanding any other provision of this subsection, not more than 15 percent of the amount
appropriated to carry out this subsection may be used to make grants to any one State, including
any grants to any local public agency or organization with authority to control pollution from
nonpoint sources in any area of such State.
(5) Priority for effective mechanisms
For each fiscal year beginning after September 30, 1987, the Administrator may give priority in
making grants under this subsection, and shall give consideration in determining the Federal share
of any such grant, to States which have implemented or are proposing to implement management
programs which will—
(A) control particularly difficult or serious nonpoint source pollution problems, including, but
not limited to, problems resulting from mining activities;
(B) implement innovative methods or practices for controlling nonpoint sources of pollution,
including regulatory programs where the Administrator deems appropriate;
(C) control interstate nonpoint source pollution problems; or
(D) carry out ground water quality protection activities which the Administrator determines
are part of a comprehensive nonpoint source pollution control program, including research,
planning, ground water assessments, demonstration programs, enforcement, technical
assistance, education, and training to protect ground water quality from nonpoint sources of
pollution.
(6) Availability for obligation
The funds granted to each State pursuant to this subsection in a fiscal year shall remain
available for obligation by such State for the fiscal year for which appropriated. The amount of
any such funds not obligated by the end of such fiscal year shall be available to the Administrator
for granting to other States under this subsection in the next fiscal year.
(7) Limitation on use of funds
States may use funds from grants made pursuant to this section for financial assistance to
persons only to the extent that such assistance is related to the costs of demonstration projects.
(8) Satisfactory progress
No grant may be made under this subsection in any fiscal year to a State which in the preceding
fiscal year received a grant under this subsection unless the Administrator determines that such
State made satisfactory progress in such preceding fiscal year in meeting the schedule specified by
such State under subsection (b)(2).
(9) Maintenance of effort
No grant may be made to a State under this subsection in any fiscal year unless such State
enters into such agreements with the Administrator as the Administrator may require to ensure that
such State will maintain its aggregate expenditures from all other sources for programs for
controlling pollution added to the navigable waters in such State from nonpoint sources and
improving the quality of such waters at or above the average level of such expenditures in its two
fiscal years preceding February 4, 1987.
(10) Request for information
The Administrator may request such information, data, and reports as he considers necessary to
make the determination of continuing eligibility for grants under this section.
(11) Reporting and other requirements
Each State shall report to the Administrator on an annual basis concerning (A) its progress in
meeting the schedule of milestones submitted pursuant to subsection (b)(2)(C) of this section, and
(B) to the extent that appropriate information is available, reductions in nonpoint source pollutant
loading and improvements in water quality for those navigable waters or watersheds within the
State which were identified pursuant to subsection (a)(1)(A) of this section resulting from
implementation of the management program.
(12) Limitation on administrative costs
For purposes of this subsection, administrative costs in the form of salaries, overhead, or
indirect costs for services provided and charged against activities and programs carried out with a
grant under this subsection shall not exceed in any fiscal year 10 percent of the amount of the
grant in such year, except that costs of implementing enforcement and regulatory activities,
education, training, technical assistance, demonstration projects, and technology transfer programs
shall not be subject to this limitation.
(i) Grants for protecting groundwater quality
(1) Eligible applicants and activities
Upon application of a State for which a report submitted under subsection (a) and a plan
submitted under subsection (b) is approved under this section, the Administrator shall make grants
under this subsection to such State for the purpose of assisting such State in carrying out
groundwater quality protection activities which the Administrator determines will advance the
State toward implementation of a comprehensive nonpoint source pollution control program. Such
activities shall include, but not be limited to, research, planning, groundwater assessments,
demonstration programs, enforcement, technical assistance, education and training to protect the
quality of groundwater and to prevent contamination of groundwater from nonpoint sources of
pollution.
(2) Applications
An application for a grant under this subsection shall be in such form and shall contain such
information as the Administrator may require.
(3) Federal share; maximum amount
The Federal share of the cost of assisting a State in carrying out groundwater protection
activities in any fiscal year under this subsection shall be 50 percent of the costs incurred by the
State in carrying out such activities, except that the maximum amount of Federal assistance which
any State may receive under this subsection in any fiscal year shall not exceed $150,000.
(4) Report
The Administrator shall include in each report transmitted under subsection (m) a report on the
activities and programs implemented under this subsection during the preceding fiscal year.
(j) Authorization of appropriations
There is authorized to be appropriated to carry out subsections (h) and (i) not to exceed
$70,000,000 for fiscal year 1988, $100,000,000 per fiscal year for each of fiscal years 1989 and
1990, and $130,000,000 for fiscal year 1991; except that for each of such fiscal years not to exceed
$7,500,000 may be made available to carry out subsection (i). Sums appropriated pursuant to this
subsection shall remain available until expended.
(k) Consistency of other programs and projects with management programs
The Administrator shall transmit to the Office of Management and Budget and the appropriate
Federal departments and agencies a list of those assistance programs and development projects
identified by each State under subsection (b)(2)(F) for which individual assistance applications and
projects will be reviewed pursuant to the procedures set forth in Executive Order 12372 as in effect
on September 17, 1983. Beginning not later than sixty days after receiving notification by the
Administrator, each Federal department and agency shall modify existing regulations to allow States
to review individual development projects and assistance applications under the identified Federal
assistance programs and shall accommodate, according to the requirements and definitions of
Executive Order 12372, as in effect on September 17, 1983, the concerns of the State regarding the
consistency of such applications or projects with the State nonpoint source pollution management
program.
(l) Collection of information
The Administrator shall collect and make available, through publications and other appropriate
means, information pertaining to management practices and implementation methods, including, but
not limited to, (1) information concerning the costs and relative efficiencies of best management
practices for reducing nonpoint source pollution; and (2) available data concerning the relationship
between water quality and implementation of various management practices to control nonpoint
sources of pollution.
(m) Reports of Administrator
(1) Annual reports
Not later than January 1, 1988, and each January 1 thereafter, the Administrator shall transmit to
the Committee on Public Works and Transportation of the House of Representatives and the
Committee on Environment and Public Works of the Senate, a report for the preceding fiscal year
on the activities and programs implemented under this section and the progress made in reducing
pollution in the navigable waters resulting from nonpoint sources and improving the quality of
such waters.
(2) Final report
Not later than January 1, 1990, the Administrator shall transmit to Congress a final report on the
activities carried out under this section. Such report, at a minimum, shall—
(A) describe the management programs being implemented by the States by types and
amount of affected navigable waters, categories and subcategories of nonpoint sources, and
types of best management practices being implemented;
(B) describe the experiences of the States in adhering to schedules and implementing best
management practices;
(C) describe the amount and purpose of grants awarded pursuant to subsections (h) and (i) of
this section;
(D) identify, to the extent that information is available, the progress made in reducing
pollutant loads and improving water quality in the navigable waters;
(E) indicate what further actions need to be taken to attain and maintain in those navigable
waters (i) applicable water quality standards, and (ii) the goals and requirements of this chapter;
(F) include recommendations of the Administrator concerning future programs (including
enforcement programs) for controlling pollution from nonpoint sources; and
(G) identify the activities and programs of departments, agencies, and instrumentalities of the
United States which are inconsistent with the management programs submitted by the States
and recommend modifications so that such activities and programs are consistent with and assist
the States in implementation of such management programs.
(n) Set aside for administrative personnel
Not less than 5 percent of the funds appropriated pursuant to subsection (j) for any fiscal year shall
be available to the Administrator to maintain personnel levels at the Environmental Protection
Agency at levels which are adequate to carry out this section in such year.
(June 30, 1948, ch. 758, title III, §319, as added Pub. L. 100–4, title III, §316(a), Feb. 4, 1987, 101
Stat. 52; amended Pub. L. 105–362, title V, §501(c), Nov. 10, 1998, 112 Stat. 3283; Pub. L.
107–303, title III, §302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)
EDITORIAL NOTES
REFERENCES IN TEXT
Executive Order 12372, referred to in subsecs. (b)(2)(F) and (k), 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.
The Colorado River Basin Salinity Control Act, referred to in subsec. (g)(1), is Pub. L. 93–320, June 24,
1974, 88 Stat. 266, as amended, which is classified principally to chapter 32A (§1571 et seq.) of Title 43,
Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section
1571 of Title 43 and Tables.
AMENDMENTS
2002—Subsecs. (i)(4), (m), (n). Pub. L. 107–303 repealed Pub. L. 105–362, §501(c). See 1998 Amendment
note below.
1998—Subsec. (i)(4). Pub. L. 105–362, §501(c)(1), which directed the striking out of heading and text of
par. (4), was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below.
Subsecs. (m), (n). Pub. L. 105–362, §501(c)(2), (3), which directed the redesignation of subsec. (n) as (m)
and striking out of heading and text of former subsec. (m), was repealed by Pub. L. 107–303. See Effective
Date of 2002 Amendment note below.
(5) develop plans for the coordinated implementation of the plan by the States as well as
Federal and local agencies participating in the conference;
(6) monitor the effectiveness of actions taken pursuant to the plan; and
(7) review all Federal financial assistance programs and Federal development projects in
accordance with the requirements of Executive Order 12372, as in effect on September 17, 1983,
to determine whether such assistance program or project would be consistent with and further the
purposes and objectives of the plan prepared under this section.
For purposes of paragraph (7), such programs and projects shall not be limited to the assistance
programs and development projects subject to Executive Order 12372, but may include any
programs listed in the most recent Catalog of Federal Domestic Assistance which may have an effect
on the purposes and objectives of the plan developed under this section.
(c) Members of conference
The members of a management conference convened under this section shall include, at a
minimum, the Administrator and representatives of—
(1) each State and foreign nation located in whole or in part in the estuarine zone of the estuary
for which the conference is convened;
(2) international, interstate, or regional agencies or entities having jurisdiction over all or a
significant part of the estuary;
(3) each interested Federal agency, as determined appropriate by the Administrator;
(4) local governments having jurisdiction over any land or water within the estuarine zone, as
determined appropriate by the Administrator; and
(5) affected industries, public and private educational institutions, nonprofit organizations, and
the general public, as determined appropriate by the Administrator.
(d) Utilization of existing data
In developing a conservation and management plan under this section, the management
conference shall survey and utilize existing reports, data, and studies relating to the estuary that have
been developed by or made available to Federal, interstate, State, and local agencies.
(e) Period of conference
A management conference convened under this section shall be convened for a period not to
exceed 5 years. Such conference may be extended by the Administrator, and if terminated after the
initial period, may be reconvened by the Administrator at any time thereafter, as may be necessary to
meet the requirements of this section.
(f) Approval and implementation of plans
(1) Approval
Not later than 120 days after the completion of a conservation and management plan and after
providing for public review and comment, the Administrator shall approve such plan if the plan
meets the requirements of this section and the affected Governor or Governors concur.
(2) Implementation
Upon approval of a conservation and management plan under this section, such plan shall be
implemented. Funds authorized to be appropriated under subchapters II and VI of this chapter and
section 1329 of this title may be used in accordance with the applicable requirements of this
chapter to assist States with the implementation of such plan.
(g) Grants
(1) Recipients
The Administrator is authorized to make grants to State, interstate, and regional water pollution
control agencies and entities, State coastal zone management agencies, interstate agencies, other
public or nonprofit private agencies, institutions, organizations, and individuals.
(2) Purposes
Grants under this subsection shall be made to pay for activities necessary for the development
and implementation of a comprehensive conservation and management plan under this section.
(3) Federal share
The Federal share of a grant to any person (including a State, interstate, or regional agency or
entity) under this subsection for a fiscal year—
(A) shall not exceed—
(i) 75 percent of the annual aggregate costs of the development of a comprehensive
conservation and management plan; and
(ii) 50 percent of the annual aggregate costs of the implementation of the plan; and
(B) shall be made on condition that the non-Federal share of the costs are provided from
non-Federal sources.
(4) Competitive awards
(A) In general
Using the amounts made available under subsection (i)(2)(B), the Administrator shall make
competitive awards under this paragraph.
(B) Application for awards
The Administrator shall solicit applications for awards under this paragraph from State,
interstate, and regional water pollution control agencies and entities, State coastal zone
management agencies, interstate agencies, other public or nonprofit private agencies,
institutions, organizations, and individuals.
(C) Selection of recipients
In selecting award recipients under this paragraph, the Administrator shall select recipients
that are best able to address urgent, emerging, and challenging issues that threaten the
ecological and economic well-being of the estuaries selected by the Administrator under
subsection (a)(2), or that relate to the coastal resiliency of such estuaries. Such issues shall
include—
(i) extensive seagrass habitat losses resulting in significant impacts on fisheries and water
quality;
(ii) recurring harmful algae blooms;
(iii) unusual marine mammal mortalities;
(iv) invasive exotic species that may threaten wastewater systems and cause other damage;
(v) jellyfish proliferation limiting community access to water during peak tourism seasons;
(vi) stormwater runoff;
(vii) accelerated land loss;
(viii) flooding that may be related to sea level rise, extreme weather, or wetland
degradation or loss; and
(ix) low dissolved oxygen conditions in estuarine waters and related nutrient management.
(h) Grant reporting
Any person (including a State, interstate, or regional agency or entity) that receives a grant under
subsection (g) shall report to the Administrator not later than 18 months after receipt of such grant
and biennially thereafter on the progress being made under this section.
(i) Authorization of appropriations
(1) In general
There is authorized to be appropriated to the Administrator $26,500,000 for each of fiscal years
2017 through 2021, and $50,000,000 for each of fiscal years 2022 through 2026, for—
(A) expenses relating to the administration of grants or awards by the Administrator under
this section, including the award and oversight of grants and awards, except that such expenses
may not exceed 5 percent of the amount appropriated under this subsection for a fiscal year; and
(B) making grants and awards under subsection (g).
(2) Allocations
(A) Conservation and management plans
Not less than 80 percent of the amount made available under this subsection for a fiscal year
shall be used by the Administrator to provide grant assistance for the development,
implementation, and monitoring of each of the conservation and management plans eligible for
grant assistance under subsection (g)(2).
(B) Competitive awards
Not less than 15 percent of the amount made available under this subsection for a fiscal year
shall be used by the Administrator for making competitive awards described in subsection
(g)(4).
(j) Research
(1) Programs
In order to determine the need to convene a management conference under this section or at the
request of such a management conference, the Administrator shall coordinate and implement,
through the National Marine Pollution Program Office and the National Marine Fisheries Service
of the National Oceanic and Atmospheric Administration, as appropriate, for one or more
estuarine zones—
(A) a long-term program of trend assessment monitoring measuring variations in pollutant
concentrations, marine ecology, and other physical or biological environmental parameters
which may affect estuarine zones, to provide the Administrator the capacity to determine the
potential and actual effects of alternative management strategies and measures;
(B) a program of ecosystem assessment assisting in the development of (i) baseline studies
which determine the state of estuarine zones and the effects of natural and anthropogenic
changes, and (ii) predictive models capable of translating information on specific discharges or
general pollutant loadings within estuarine zones into a set of probable effects on such zones;
(C) a comprehensive water quality sampling program for the continuous monitoring of
nutrients, chlorine, acid precipitation dissolved oxygen, and potentially toxic pollutants
(including organic chemicals and metals) in estuarine zones, after consultation with interested
State, local, interstate, or international agencies and review and analysis of all environmental
sampling data presently collected from estuarine zones; and
(D) a program of research to identify the movements of nutrients, sediments and pollutants
through estuarine zones and the impact of nutrients, sediments, and pollutants on water quality,
the ecosystem, and designated or potential uses of the estuarine zones.
(2) Reports
The Administrator, in cooperation with the Administrator of the National Oceanic and
Atmospheric Administration, shall submit to the Congress no less often than biennially a
comprehensive report on the activities authorized under this subsection including—
(A) a listing of priority monitoring and research needs;
(B) an assessment of the state and health of the Nation's estuarine zones, to the extent
evaluated under this subsection;
(C) a discussion of pollution problems and trends in pollutant concentrations with a direct or
indirect effect on water quality, the ecosystem, and designated or potential uses of each
estuarine zone, to the extent evaluated under this subsection; and
(D) an evaluation of pollution abatement activities and management measures so far
implemented to determine the degree of improvement toward the objectives expressed in
subsection (b)(4) of this section.
(k) Definitions
For purposes of this section, the terms "estuary" and "estuarine zone" have the meanings such
terms have in section 1254(n)(4) of this title, except that the term "estuarine zone" shall also include
associated aquatic ecosystems and those portions of tributaries draining into the estuary up to the
historic height of migration of anadromous fish or the historic head of tidal influence, whichever is
higher.
(June 30, 1948, ch. 758, title III, §320, as added Pub. L. 100–4, title III, §317(b), Feb. 4, 1987, 101
Stat. 61; amended Pub. L. 100–202, §101(f) [title II, 201], Dec. 22, 1987, 101 Stat. 1329–187,
1329–197; Pub. L. 100–653, title X, §1004, Nov. 14, 1988, 102 Stat. 3836; Pub. L. 100–688, title II,
§2001, Nov. 18, 1988, 102 Stat. 4151; Pub. L. 105–362, title V, §501(a)(2), Nov. 10, 1998, 112 Stat.
3283; Pub. L. 106–457, title III, §§301—303, Nov. 7, 2000, 114 Stat. 1972; Pub. L. 107–303, title
III, §302(b)(1), Nov. 27, 2002, 116 Stat. 2361; Pub. L. 108–399, §1, Oct. 30, 2004, 118 Stat. 2253;
Pub. L. 114–162, §§1, 2, May 20, 2016, 130 Stat. 409; Pub. L. 116–337, §§2–6, Jan. 13, 2021, 134
Stat. 5120, 5121.)
EDITORIAL NOTES
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
2021—Subsec. (a)(2)(B). Pub. L. 116–337, §2, substituted "Peconic Bay, New York; Casco Bay, Maine;
Tampa Bay, Florida; Coastal Bend, Texas; San Juan Bay, Puerto Rico; Tillamook Bay, Oregon; Piscataqua
Region, New Hampshire; Barnegat Bay, New Jersey; Maryland Coastal Bays, Maryland; Charlotte Harbor,
Florida; Mobile Bay, Alabama; Morro Bay, California; and Lower Columbia River, Oregon and Washington"
for "and Peconic Bay, New York".
Subsec. (b)(4). Pub. L. 116–337, §3, inserted dash after "management plan that" and subpar. (A)
designation before "recommends" and added subpars. (B) and (C).
Subsec. (c)(5). Pub. L. 116–337, §4, inserted "nonprofit organizations," after "educational institutions,".
Subsec. (g)(4)(C). Pub. L. 116–337, §5(1), in introductory provisions, inserted ", emerging," after "urgent"
and substituted "the estuaries selected by the Administrator under subsection (a)(2), or that relate to the coastal
resiliency of such estuaries" for "coastal areas".
Subsec. (g)(4)(C)(vi), (vii). Pub. L. 116–337, §5(2), added cls. (vi) and (vii). Former cls. (vi) and (vii)
redesignated (viii) and (ix), respectively.
Subsec. (g)(4)(C)(viii). Pub. L. 116–337, §5(2), (3), redesignated cl. (vi) as (viii) and inserted ", extreme
weather," after "sea level rise".
Subsec. (g)(4)(C)(ix). Pub. L. 116–337, §5(2), redesignated cl. (vii) as (ix).
Subsec. (i)(1). Pub. L. 116–337, §6, inserted ", and $50,000,000 for each of fiscal years 2022 through
2026," after "2021".
2016—Subsec. (g)(4). Pub. L. 114–162, §1, added par. (4).
Subsec. (i). Pub. L. 114–162, §2, added subsec. (i) and struck out former subsec. (i) which related to
authorization of appropriations for fiscal years 2001 through 2010.
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, §501(a)(2). See 1998 Amendment note
below.
2000—Subsec. (a)(2)(B). Pub. L. 106–457, §301, inserted "Lake Pontchartrain Basin, Louisiana and
Mississippi;" before "and Peconic Bay, New York."
Subsec. (g)(2), (3). Pub. L. 106–457, §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, §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, §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, §1004, and Pub. L. 100–688, §2001(1), made identical
amendments, inserting "Massachusetts Bay, Massachusetts (including Cape Cod Bay and Boston Harbor);"
after "Buzzards Bay, Massachusetts;".
Pub. L. 100–688, §2001(2), substituted "California; Galveston" for "California; and Galveston".
Pub. L. 100–688, §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;".
§1341. Certification
(a) Compliance with applicable requirements; application; procedures; license suspension
(1) Any applicant for a Federal license or permit to conduct any activity including, but not limited
to, the construction or operation of facilities, which may result in any discharge into the navigable
waters, shall provide the licensing or permitting agency a certification from the State in which the
discharge originates or will originate, or, if appropriate, from the interstate water pollution control
agency having jurisdiction over the navigable waters at the point where the discharge originates or
will originate, that any such discharge will comply with the applicable provisions of sections 1311,
1312, 1313, 1316, and 1317 of this title. In the case of any such activity for which there is not an
applicable effluent limitation or other limitation under sections 1311(b) and 1312 of this title, and
there is not an applicable standard under sections 1316 and 1317 of this title, the State shall so
certify, except that any such certification shall not be deemed to satisfy section 1371(c) of this title.
Such State or interstate agency shall establish procedures for public notice in the case of all
applications for certification by it and, to the extent it deems appropriate, procedures for public
hearings in connection with specific applications. In any case where a State or interstate agency has
no authority to give such a certification, such certification shall be from the Administrator. If the
State, interstate agency, or Administrator, as the case may be, fails or refuses to act on a request for
certification, within a reasonable period of time (which shall not exceed one year) after receipt of
such request, the certification requirements of this subsection shall be waived with respect to such
Federal application. No license or permit shall be granted until the certification required by this
section has been obtained or has been waived as provided in the preceding sentence. No license or
permit shall be granted if certification has been denied by the State, interstate agency, or the
Administrator, as the case may be.
(2) Upon receipt of such application and certification the licensing or permitting agency shall
immediately notify the Administrator of such application and certification. Whenever such a
discharge may affect, as determined by the Administrator, the quality of the waters of any other
State, the Administrator within thirty days of the date of notice of application for such Federal
license or permit shall so notify such other State, the licensing or permitting agency, and the
applicant. If, within sixty days after receipt of such notification, such other State determines that
such discharge will affect the quality of its waters so as to violate any water quality requirements in
such State, and within such sixty-day period notifies the Administrator and the licensing or
permitting agency in writing of its objection to the issuance of such license or permit and requests a
public hearing on such objection, the licensing or permitting agency shall hold such a hearing. The
Administrator shall at such hearing submit his evaluation and recommendations with respect to any
such objection to the licensing or permitting agency. Such agency, based upon the recommendations
of such State, the Administrator, and upon any additional evidence, if any, presented to the agency at
the hearing, shall condition such license or permit in such manner as may be necessary to insure
compliance with applicable water quality requirements. If the imposition of conditions cannot insure
such compliance such agency shall not issue such license or permit.
(3) The certification obtained pursuant to paragraph (1) of this subsection with respect to the
construction of any facility shall fulfill the requirements of this subsection with respect to
certification in connection with any other Federal license or permit required for the operation of such
facility unless, after notice to the certifying State, agency, or Administrator, as the case may be,
which shall be given by the Federal agency to whom application is made for such operating license
or permit, the State, or if appropriate, the interstate agency or the Administrator, notifies such agency
within sixty days after receipt of such notice that there is no longer reasonable assurance that there
will be compliance with the applicable provisions of sections 1311, 1312, 1313, 1316, and 1317 of
this title because of changes since the construction license or permit certification was issued in (A)
the construction or operation of the facility, (B) the characteristics of the waters into which such
discharge is made, (C) the water quality criteria applicable to such waters or (D) applicable effluent
limitations or other requirements. This paragraph shall be inapplicable in any case where the
applicant for such operating license or permit has failed to provide the certifying State, or, if
appropriate, the interstate agency or the Administrator, with notice of any proposed changes in the
construction or operation of the facility with respect to which a construction license or permit has
been granted, which changes may result in violation of section 1311, 1312, 1313, 1316, or 1317 of
this title.
(4) Prior to the initial operation of any federally licensed or permitted facility or activity which
may result in any discharge into the navigable waters and with respect to which a certification has
been obtained pursuant to paragraph (1) of this subsection, which facility or activity is not subject to
a Federal operating license or permit, the licensee or permittee shall provide an opportunity for such
certifying State, or, if appropriate, the interstate agency or the Administrator to review the manner in
which the facility or activity shall be operated or conducted for the purposes of assuring that
applicable effluent limitations or other limitations or other applicable water quality requirements will
not be violated. Upon notification by the certifying State, or if appropriate, the interstate agency or
the Administrator that the operation of any such federally licensed or permitted facility or activity
will violate applicable effluent limitations or other limitations or other water quality requirements
such Federal agency may, after public hearing, suspend such license or permit. If such license or
permit is suspended, it shall remain suspended until notification is received from the certifying State,
agency, or Administrator, as the case may be, that there is reasonable assurance that such facility or
activity will not violate the applicable provisions of section 1311, 1312, 1313, 1316, or 1317 of this
title.
(5) Any Federal license or permit with respect to which a certification has been obtained under
paragraph (1) of this subsection may be suspended or revoked by the Federal agency issuing such
license or permit upon the entering of a judgment under this chapter that such facility or activity has
been operated in violation of the applicable provisions of section 1311, 1312, 1313, 1316, or 1317 of
this title.
(6) Except with respect to a permit issued under section 1342 of this title, in any case where actual
construction of a facility has been lawfully commenced prior to April 3, 1970, no certification shall
be required under this subsection for a license or permit issued after April 3, 1970, to operate such
facility, except that any such license or permit issued without certification shall terminate April 3,
1973, unless prior to such termination date the person having such license or permit submits to the
Federal agency which issued such license or permit a certification and otherwise meets the
requirements of this section.
(b) Compliance with other provisions of law setting applicable water quality requirements
Nothing in this section shall be construed to limit the authority of any department or agency
pursuant to any other provision of law to require compliance with any applicable water quality
requirements. The Administrator shall, upon the request of any Federal department or agency, or
State or interstate agency, or applicant, provide, for the purpose of this section, any relevant
information on applicable effluent limitations, or other limitations, standards, regulations, or
requirements, or water quality criteria, and shall, when requested by any such department or agency
or State or interstate agency, or applicant, comment on any methods to comply with such limitations,
standards, regulations, requirements, or criteria.
(c) Authority of Secretary of the Army to permit use of spoil disposal areas by Federal
licensees or permittees
In order to implement the provisions of this section, the Secretary of the Army, acting through the
Chief of Engineers, is authorized, if he deems it to be in the public interest, to permit the use of spoil
disposal areas under his jurisdiction by Federal licensees or permittees, and to make an appropriate
charge for such use. Moneys received from such licensees or permittees shall be deposited in the
Treasury as miscellaneous receipts.
(d) Limitations and monitoring requirements of certification
Any certification provided under this section shall set forth any effluent limitations and other
limitations, and monitoring requirements necessary to assure that any applicant for a Federal license
or permit will comply with any applicable effluent limitations and other limitations, under section
1311 or 1312 of this title, standard of performance under section 1316 of this title, or prohibition,
effluent standard, or pretreatment standard under section 1317 of this title, and with any other
appropriate requirement of State law set forth in such certification, and shall become a condition on
any Federal license or permit subject to the provisions of this section.
(June 30, 1948, ch. 758, title IV, §401, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 877;
amended Pub. L. 95–217, §§61(b), 64, Dec. 27, 1977, 91 Stat. 1598, 1599.)
EDITORIAL NOTES
AMENDMENTS
1977—Subsec. (a). Pub. L. 95–217 inserted reference to section 1313 of this title in pars. (1), (3), (4), and
(5), struck out par. (6) which provided that no Federal agency be deemed an applicant for purposes of this
subsection, and redesignated par. (7) as (6).
(2)(A) To issue permits which apply, and insure compliance with, all applicable requirements of
section 1318 of this title; or
(B) To inspect, monitor, enter, and require reports to at least the same extent as required in section
1318 of this title;
(3) To insure that the public, and any other State the waters of which may be affected, receive
notice of each application for a permit and to provide an opportunity for public hearing before a
ruling on each such application;
(4) To insure that the Administrator receives notice of each application (including a copy thereof)
for a permit;
(5) To insure that any State (other than the permitting State), whose waters may be affected by the
issuance of a permit may submit written recommendations to the permitting State (and the
Administrator) with respect to any permit application and, if any part of such written
recommendations are not accepted by the permitting State, that the permitting State will notify such
affected State (and the Administrator) in writing of its failure to so accept such recommendations
together with its reasons for so doing;
(6) To insure that no permit will be issued if, in the judgment of the Secretary of the Army acting
through the Chief of Engineers, after consultation with the Secretary of the department in which the
Coast Guard is operating, anchorage and navigation of any of the navigable waters would be
substantially impaired thereby;
(7) To abate violations of the permit or the permit program, including civil and criminal penalties
and other ways and means of enforcement;
(8) To insure that any permit for a discharge from a publicly owned treatment works includes
conditions to require the identification in terms of character and volume of pollutants of any
significant source introducing pollutants subject to pretreatment standards under section 1317(b) of
this title into such works and a program to assure compliance with such pretreatment standards by
each such source, in addition to adequate notice to the permitting agency of (A) new introductions
into such works of pollutants from any source which would be a new source as defined in section
1316 of this title if such source were discharging pollutants, (B) new introductions of pollutants into
such works from a source which would be subject to section 1311 of this title if it were discharging
such pollutants, or (C) a substantial change in volume or character of pollutants being introduced
into such works by a source introducing pollutants into such works at the time of issuance of the
permit. Such notice shall include information on the quality and quantity of effluent to be introduced
into such treatment works and any anticipated impact of such change in the quantity or quality of
effluent to be discharged from such publicly owned treatment works; and
(9) To insure that any industrial user of any publicly owned treatment works will comply with
sections 1284(b), 1317, and 1318 of this title.
(c) Suspension of Federal program upon submission of State program; withdrawal of approval
of State program; return of State program to Administrator
(1) Not later than ninety days after the date on which a State has submitted a program (or revision
thereof) pursuant to subsection (b) of this section, the Administrator shall suspend the issuance of
permits under subsection (a) of this section as to those discharges subject to such program unless he
determines that the State permit program does not meet the requirements of subsection (b) of this
section or does not conform to the guidelines issued under section 1314(i)(2) of this title. If the
Administrator so determines, he shall notify the State of any revisions or modifications necessary to
conform to such requirements or guidelines.
(2) Any State permit program under this section shall at all times be in accordance with this
section and guidelines promulgated pursuant to section 1314(i)(2) of this title.
(3) Whenever the Administrator determines after public hearing that a State is not administering a
program approved under this section in accordance with requirements of this section, he shall so
notify the State and, if appropriate corrective action is not taken within a reasonable time, not to
exceed ninety days, the Administrator shall withdraw approval of such program. The Administrator
shall not withdraw approval of any such program unless he shall first have notified the State, and
made public, in writing, the reasons for such withdrawal.
(4) LIMITATIONS ON PARTIAL PERMIT PROGRAM RETURNS AND WITHDRAWALS
.—A State may return to the Administrator administration, and the Administrator may withdraw
under paragraph (3) of this subsection approval, of—
(A) a State partial permit program approved under subsection (n)(3) only if the entire permit
program being administered by the State department or agency at the time is returned or
withdrawn; and
(B) a State partial permit program approved under subsection (n)(4) only if an entire phased
component of the permit program being administered by the State at the time is returned or
withdrawn.
(d) Notification of Administrator
(1) Each State shall transmit to the Administrator a copy of each permit application received by
such State and provide notice to the Administrator of every action related to the consideration of
such permit application, including each permit proposed to be issued by such State.
(2) No permit shall issue (A) if the Administrator within ninety days of the date of his notification
under subsection (b)(5) of this section objects in writing to the issuance of such permit, or (B) if the
Administrator within ninety days of the date of transmittal of the proposed permit by the State
objects in writing to the issuance of such permit as being outside the guidelines and requirements of
this chapter. Whenever the Administrator objects to the issuance of a permit under this paragraph
such written objection shall contain a statement of the reasons for such objection and the effluent
limitations and conditions which such permit would include if it were issued by the Administrator.
(3) The Administrator may, as to any permit application, waive paragraph (2) of this subsection.
(4) In any case where, after December 27, 1977, the Administrator, pursuant to paragraph (2) of
this subsection, objects to the issuance of a permit, on request of the State, a public hearing shall be
held by the Administrator on such objection. If the State does not resubmit such permit revised to
meet such objection within 30 days after completion of the hearing, or, if no hearing is requested
within 90 days after the date of such objection, the Administrator may issue the permit pursuant to
subsection (a) of this section for such source in accordance with the guidelines and requirements of
this chapter.
(e) Waiver of notification requirement
In accordance with guidelines promulgated pursuant to subsection (i)(2) of section 1314 of this
title, the Administrator is authorized to waive the requirements of subsection (d) of this section at the
time he approves a program pursuant to subsection (b) of this section for any category (including any
class, type, or size within such category) of point sources within the State submitting such program.
(f) Point source categories
The Administrator shall promulgate regulations establishing categories of point sources which he
determines shall not be subject to the requirements of subsection (d) of this section in any State with
a program approved pursuant to subsection (b) of this section. The Administrator may distinguish
among classes, types, and sizes within any category of point sources.
(g) Other regulations for safe transportation, handling, carriage, storage, and stowage of
pollutants
Any permit issued under this section for the discharge of pollutants into the navigable waters from
a vessel or other floating craft shall be subject to any applicable regulations promulgated by the
Secretary of the department in which the Coast Guard is operating, establishing specifications for
safe transportation, handling, carriage, storage, and stowage of pollutants.
(h) Violation of permit conditions; restriction or prohibition upon introduction of pollutant by
source not previously utilizing treatment works
In the event any condition of a permit for discharges from a treatment works (as defined in section
1292 of this title) which is publicly owned is violated, a State with a program approved under
subsection (b) of this section or the Administrator, where no State program is approved or where the
Administrator determines pursuant to section 1319(a) of this title that a State with an approved
program has not commenced appropriate enforcement action with respect to such permit, may
proceed in a court of competent jurisdiction to restrict or prohibit the introduction of any pollutant
into such treatment works by a source not utilizing such treatment works prior to the finding that
such condition was violated.
(i) Federal enforcement not limited
Nothing in this section shall be construed to limit the authority of the Administrator to take action
pursuant to section 1319 of this title.
(j) Public information
A copy of each permit application and each permit issued under this section shall be available to
the public. Such permit application or permit, or portion thereof, shall further be available on request
for the purpose of reproduction.
(k) Compliance with permits
Compliance with a permit issued pursuant to this section shall be deemed compliance, for
purposes of sections 1319 and 1365 of this title, with sections 1311, 1312, 1316, 1317, and 1343 of
this title, except any standard imposed under section 1317 of this title for a toxic pollutant injurious
to human health. Until December 31, 1974, in any case where a permit for discharge has been
applied for pursuant to this section, but final administrative disposition of such application has not
been made, such discharge shall not be a violation of (1) section 1311, 1316, or 1342 of this title, or
(2) section 407 of this title, unless the Administrator or other plaintiff proves that final administrative
disposition of such application has not been made because of the failure of the applicant to furnish
information reasonably required or requested in order to process the application. For the 180-day
period beginning on October 18, 1972, in the case of any point source discharging any pollutant or
combination of pollutants immediately prior to such date which source is not subject to section 407
of this title, the discharge by such source shall not be a violation of this chapter if such a source
applies for a permit for discharge pursuant to this section within such 180-day period.
(l) Limitation on permit requirement
(1) Agricultural return flows
The Administrator shall not require a permit under this section for discharges composed entirely
of return flows from irrigated agriculture, nor shall the Administrator directly or indirectly, require
any State to require such a permit.
(2) Stormwater runoff from oil, gas, and mining operations
The Administrator shall not require a permit under this section, nor shall the Administrator
directly or indirectly require any State to require a permit, for discharges of stormwater runoff
from mining operations or oil and gas exploration, production, processing, or treatment operations
or transmission facilities, composed entirely of flows which are from conveyances or systems of
conveyances (including but not limited to pipes, conduits, ditches, and channels) used for
collecting and conveying precipitation runoff and which are not contaminated by contact with, or
do not come into contact with, any overburden, raw material, intermediate products, finished
product, byproduct, or waste products located on the site of such operations.
(3) Silvicultural activities
(A) NPDES PERMIT REQUIREMENTS FOR SILVICULTURAL ACTIVITIES.—The
Administrator shall not require a permit under this section nor directly or indirectly require any
State to require a permit under this section for a discharge from runoff resulting from the conduct
of the following silviculture activities conducted in accordance with standard industry practice:
nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning,
prescribed burning, pest and fire control, harvesting operations, surface drainage, or road
construction and maintenance.
(B) OTHER REQUIREMENTS.—Nothing in this paragraph exempts a discharge from
silvicultural activity from any permitting requirement under section 1344 of this title, existing
permitting requirements under section 1342 of this title, or from any other federal law.
(C) The authorization provided in Section 1 1365(a) of this title does not apply to any
non-permitting program established under 1342(p)(6) 2 of this title for the silviculture activities
listed in 1342(l)(3)(A) 2 of this title, or to any other limitations that might be deemed to apply to
the silviculture activities listed in 1342(l)(3)(A) 2 of this title.
(m) Additional pretreatment of conventional pollutants not required
To the extent a treatment works (as defined in section 1292 of this title) which is publicly owned
is not meeting the requirements of a permit issued under this section for such treatment works as a
result of inadequate design or operation of such treatment works, the Administrator, in issuing a
permit under this section, shall not require pretreatment by a person introducing conventional
pollutants identified pursuant to section 1314(a)(4) of this title into such treatment works other than
pretreatment required to assure compliance with pretreatment standards under subsection (b)(8) of
this section and section 1317(b)(1) of this title. Nothing in this subsection shall affect the
Administrator's authority under sections 1317 and 1319 of this title, affect State and local authority
under sections 1317(b)(4) and 1370 of this title, relieve such treatment works of its obligations to
meet requirements established under this chapter, or otherwise preclude such works from pursuing
whatever feasible options are available to meet its responsibility to comply with its permit under this
section.
(n) Partial permit program
(1) State submission
The Governor of a State may submit under subsection (b) of this section a permit program for a
portion of the discharges into the navigable waters in such State.
(2) Minimum coverage
A partial permit program under this subsection shall cover, at a minimum, administration of a
major category of the discharges into the navigable waters of the State or a major component of
the permit program required by subsection (b).
(3) Approval of major category partial permit programs
The Administrator may approve a partial permit program covering administration of a major
category of discharges under this subsection if—
(A) such program represents a complete permit program and covers all of the discharges
under the jurisdiction of a department or agency of the State; and
(B) the Administrator determines that the partial program represents a significant and
identifiable part of the State program required by subsection (b).
(4) Approval of major component partial permit programs
The Administrator may approve under this subsection a partial and phased permit program
covering administration of a major component (including discharge categories) of a State permit
program required by subsection (b) if—
(A) the Administrator determines that the partial program represents a significant and
identifiable part of the State program required by subsection (b); and
(B) the State submits, and the Administrator approves, a plan for the State to assume
administration by phases of the remainder of the State program required by subsection (b) by a
specified date not more than 5 years after submission of the partial program under this
subsection and agrees to make all reasonable efforts to assume such administration by such
date.
(o) Anti-backsliding
(1) General prohibition
In the case of effluent limitations established on the basis of subsection (a)(1)(B) of this section,
a permit may not be renewed, reissued, or modified on the basis of effluent guidelines
promulgated under section 1314(b) of this title subsequent to the original issuance of such permit,
to contain effluent limitations which are less stringent than the comparable effluent limitations in
the previous permit. In the case of effluent limitations established on the basis of section
1311(b)(1)(C) or section 1313(d) or (e) of this title, a permit may not be renewed, reissued, or
modified to contain effluent limitations which are less stringent than the comparable effluent
limitations in the previous permit except in compliance with section 1313(d)(4) of this title.
(2) Exceptions
A permit with respect to which paragraph (1) applies may be renewed, reissued, or modified to
contain a less stringent effluent limitation applicable to a pollutant if—
(A) material and substantial alterations or additions to the permitted facility occurred after
permit issuance which justify the application of a less stringent effluent limitation;
(B)(i) information is available which was not available at the time of permit issuance (other
than revised regulations, guidance, or test methods) and which would have justified the
application of a less stringent effluent limitation at the time of permit issuance; or
(ii) the Administrator determines that technical mistakes or mistaken interpretations of law
were made in issuing the permit under subsection (a)(1)(B);
(C) a less stringent effluent limitation is necessary because of events over which the permittee
has no control and for which there is no reasonably available remedy;
(D) the permittee has received a permit modification under section 1311(c), 1311(g), 1311(h),
1311(i), 1311(k), 1311(n), or 1326(a) of this title; or
(E) the permittee has installed the treatment facilities required to meet the effluent limitations
in the previous permit and has properly operated and maintained the facilities but has
nevertheless been unable to achieve the previous effluent limitations, in which case the
limitations in the reviewed, reissued, or modified permit may reflect the level of pollutant
control actually achieved (but shall not be less stringent than required by effluent guidelines in
effect at the time of permit renewal, reissuance, or modification).
Subparagraph (B) shall not apply to any revised waste load allocations or any alternative grounds
for translating water quality standards into effluent limitations, except where the cumulative effect
of such revised allocations results in a decrease in the amount of pollutants discharged into the
concerned waters, and such revised allocations are not the result of a discharger eliminating or
substantially reducing its discharge of pollutants due to complying with the requirements of this
chapter or for reasons otherwise unrelated to water quality.
(3) Limitations
In no event may a permit with respect to which paragraph (1) applies be renewed, reissued, or
modified to contain an effluent limitation which is less stringent than required by effluent
guidelines in effect at the time the permit is renewed, reissued, or modified. In no event may such
a permit to discharge into waters be renewed, reissued, or modified to contain a less stringent
effluent limitation if the implementation of such limitation would result in a violation of a water
quality standard under section 1313 of this title applicable to such waters.
(p) Municipal and industrial stormwater discharges
(1) General rule
Prior to October 1, 1994, the Administrator or the State (in the case of a permit program
approved under this section) shall not require a permit under this section for discharges composed
entirely of stormwater.
(2) Exceptions
Paragraph (1) shall not apply with respect to the following stormwater discharges:
(A) A discharge with respect to which a permit has been issued under this section before
February 4, 1987.
(B) A discharge associated with industrial activity.
(C) A discharge from a municipal separate storm sewer system serving a population of
250,000 or more.
(D) A discharge from a municipal separate storm sewer system serving a population of
100,000 or more but less than 250,000.
(E) A discharge for which the Administrator or the State, as the case may be, determines that
the stormwater discharge contributes to a violation of a water quality standard or is a significant
contributor of pollutants to waters of the United States.
(3) Permit requirements
(A) Industrial discharges
Permits for discharges associated with industrial activity shall meet all applicable provisions
of this section and section 1311 of this title.
(B) Municipal discharge
Permits for discharges from municipal storm sewers—
(i) may be issued on a system- or jurisdiction-wide basis;
(ii) shall include a requirement to effectively prohibit non-stormwater discharges into the
storm sewers; and
(iii) shall require controls to reduce the discharge of pollutants to the maximum extent
practicable, including management practices, control techniques and system, design and
engineering methods, and such other provisions as the Administrator or the State determines
appropriate for the control of such pollutants.
(4) Permit application requirements
(A) Industrial and large municipal discharges
Not later than 2 years after February 4, 1987, the Administrator shall establish regulations
setting forth the permit application requirements for stormwater discharges described in
paragraphs (2)(B) and (2)(C). Applications for permits for such discharges shall be filed no later
than 3 years after February 4, 1987. Not later than 4 years after February 4, 1987, the
Administrator or the State, as the case may be, shall issue or deny each such permit. Any such
permit shall provide for compliance as expeditiously as practicable, but in no event later than 3
years after the date of issuance of such permit.
(B) Other municipal discharges
Not later than 4 years after February 4, 1987, the Administrator shall establish regulations
setting forth the permit application requirements for stormwater discharges described in
paragraph (2)(D). Applications for permits for such discharges shall be filed no later than 5
years after February 4, 1987. Not later than 6 years after February 4, 1987, the Administrator or
the State, as the case may be, shall issue or deny each such permit. Any such permit shall
provide for compliance as expeditiously as practicable, but in no event later than 3 years after
the date of issuance of such permit.
(5) Studies
The Administrator, in consultation with the States, shall conduct a study for the purposes of—
(A) identifying those stormwater discharges or classes of stormwater discharges for which
permits are not required pursuant to paragraphs (1) and (2) of this subsection;
(B) determining, to the maximum extent practicable, the nature and extent of pollutants in
such discharges; and
(C) establishing procedures and methods to control stormwater discharges to the extent
necessary to mitigate impacts on water quality.
Not later than October 1, 1988, the Administrator shall submit to Congress a report on the results
of the study described in subparagraphs (A) and (B). Not later than October 1, 1989, the
Administrator shall submit to Congress a report on the results of the study described in
subparagraph (C).
(6) Regulations
Not later than October 1, 1993, the Administrator, in consultation with State and local officials,
shall issue regulations (based on the results of the studies conducted under paragraph (5)) which
designate stormwater discharges, other than those discharges described in paragraph (2), to be
regulated to protect water quality and shall establish a comprehensive program to regulate such
designated sources. The program shall, at a minimum, (A) establish priorities, (B) establish
requirements for State stormwater management programs, and (C) establish expeditious deadlines.
The program may include performance standards, guidelines, guidance, and management practices
and treatment requirements, as appropriate.
(q) Combined sewer overflows
(1) Requirement for permits, orders, and decrees
Each permit, order, or decree issued pursuant to this chapter after December 21, 2000, for a
discharge from a municipal combined storm and sanitary sewer shall conform to the Combined
Sewer Overflow Control Policy signed by the Administrator on April 11, 1994 (in this subsection
referred to as the "CSO control policy").
(2) Water quality and designated use review guidance
Not later than July 31, 2001, and after providing notice and opportunity for public comment, the
Administrator shall issue guidance to facilitate the conduct of water quality and designated use
reviews for municipal combined sewer overflow receiving waters.
(3) Report
Not later than September 1, 2001, the Administrator shall transmit to Congress a report on the
progress made by the Environmental Protection Agency, States, and municipalities in
implementing and enforcing the CSO control policy.
(r) Discharges incidental to the normal operation of recreational vessels
No permit shall be required under this chapter by the Administrator (or a State, in the case of a
permit program approved under subsection (b)) for the discharge of any graywater, bilge water,
cooling water, weather deck runoff, oil water separator effluent, or effluent from properly
functioning marine engines, or any other discharge that is incidental to the normal operation of a
vessel, if the discharge is from a recreational vessel.
(s) Integrated plans
(1) Definition of integrated plan
In this subsection, the term "integrated plan" means a plan developed in accordance with the
Integrated Municipal Stormwater and Wastewater Planning Approach Framework, issued by the
Environmental Protection Agency and dated June 5, 2012.
(2) In general
The Administrator (or a State, in the case of a permit program approved by the Administrator)
shall inform municipalities of the opportunity to develop an integrated plan that may be
incorporated into a permit under this section.
(3) Scope
(A) Scope of permit incorporating integrated plan
A permit issued under this section that incorporates an integrated plan may integrate all
requirements under this chapter addressed in the integrated plan, including requirements relating
to—
(i) a combined sewer overflow;
(ii) a capacity, management, operation, and maintenance program for sanitary sewer
collection systems;
(iii) a municipal stormwater discharge;
(iv) a municipal wastewater discharge; and
(v) a water quality-based effluent limitation to implement an applicable wasteload
allocation in a total maximum daily load.
(B) Inclusions in integrated plan
An integrated plan incorporated into a permit issued under this section may include the
implementation of—
(i) projects, including innovative projects, to reclaim, recycle, or reuse water; and
(ii) green infrastructure.
(4) Compliance schedules
(A) In general
A permit issued under this section that incorporates an integrated plan may include a
schedule of compliance, under which actions taken to meet any applicable water quality-based
effluent limitation may be implemented over more than 1 permit term if the schedule of
compliance—
(i) is authorized by State water quality standards; and
(ii) meets the requirements of section 122.47 of title 40, Code of Federal Regulations (as in
effect on January 14, 2019).
(B) Time for compliance
For purposes of subparagraph (A)(ii), the requirement of section 122.47 of title 40, Code of
Federal Regulations, for compliance by an applicable statutory deadline under this chapter does
not prohibit implementation of an applicable water quality-based effluent limitation over more
than 1 permit term.
(C) Review
A schedule of compliance incorporated into a permit issued under this section may be
reviewed at the time the permit is renewed to determine whether the schedule should be
modified.
(5) Existing authorities retained
(A) Applicable standards
Nothing in this subsection modifies any obligation to comply with applicable technology and
water quality-based effluent limitations under this chapter.
(B) Flexibility
Nothing in this subsection reduces or eliminates any flexibility available under this chapter,
including the authority of a State to revise a water quality standard after a use attainability
analysis under section 131.10(g) of title 40, Code of Federal Regulations (or a successor
regulation), subject to the approval of the Administrator under section 1313(c) of this title.
(6) Clarification of State authority
(A) In general
Nothing in section 1311(b)(1)(C) of this title precludes a State from authorizing in the water
quality standards of the State the issuance of a schedule of compliance to meet water
quality-based effluent limitations in permits that incorporate provisions of an integrated plan.
(B) Transition rule
In any case in which a discharge is subject to a judicial order or consent decree, as of January
14, 2019, resolving an enforcement action under this chapter, any schedule of compliance
issued pursuant to an authorization in a State water quality standard may not revise a schedule
of compliance in that order or decree to be less stringent, unless the order or decree is modified
by agreement of the parties and the court.
(June 30, 1948, ch. 758, title IV, §402, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 880;
amended Pub. L. 95–217, §§33(c), 50, 54(c)(1), 65, 66, Dec. 27, 1977, 91 Stat. 1577, 1588, 1591,
1599, 1600; Pub. L. 100–4, title IV, §§401–404(a), 404(c), formerly 404(d), 405, Feb. 4, 1987, 101
Stat. 65–67, 69, renumbered §404(c), Pub. L. 104–66, title II, §2021(e)(2), Dec. 21, 1995, 109 Stat.
727; Pub. L. 102–580, title III, §364, Oct. 31, 1992, 106 Stat. 4862; Pub. L. 106–554, §1(a)(4) [div.
B, title I, §112(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–224; Pub. L. 110–288, §2, July 29, 2008,
122 Stat. 2650; Pub. L. 113–79, title XII, §12313, Feb. 7, 2014, 128 Stat. 992; Pub. L. 115–436,
§3(a), Jan. 14, 2019, 132 Stat. 5558.)
EDITORIAL NOTES
AMENDMENTS
2019—Subsec. (s). Pub. L. 115–436 added subsec. (s).
2014—Subsec. (l)(3). Pub. L. 113–79 added par. (3).
2008—Subsec. (r). Pub. L. 110–288 added subsec. (r).
2000—Subsec. (q). Pub. L. 106–554 added subsec. (q).
1992—Subsec. (p)(1), (6). Pub. L. 102–580 substituted "October 1, 1994" for "October 1, 1992" in par. (1)
and "October 1, 1993" for "October 1, 1992" in par. (6).
1987—Subsec. (a)(1). Pub. L. 100–4, §404(c), inserted cl. (A) and (B) designations.
Subsec. (c)(1). Pub. L. 100–4, §403(b)(2), substituted "as to those discharges" for "as to those navigable
waters".
Subsec. (c)(4). Pub. L. 100–4, §403(b)(1), added par. (4).
Subsec. (l). Pub. L. 100–4, §401, inserted "Limitation on permit requirement" as subsec. heading designated
existing provisions as par. (1) and inserted par. heading, added par. (2), and aligned pars. (1) and (2).
Subsecs. (m) to (p). Pub. L. 100–4, §§402, 403(a), 404(a), 405, added subsecs. (m) to (p).
1977—Subsec. (a)(5). Pub. L. 95–217, §50, substituted "section 1314(i)(2)" for "section 1314(h)(2)".
Subsec. (b). Pub. L. 95–217, §50, substituted in provisions preceding par. (1) "subsection (i)(2) of section
1314" for "subsection (h)(2) of section 1314".
Subsec. (b)(8). Pub. L. 95–217, §54(c)(1), inserted reference to identification in terms of character and
volume of pollutants of any significant source introducing pollutants subject to pretreatment standards under
section 1317(b) of this title into treatment works and programs to assure compliance with pretreatment
standards by each source.
Subsec. (c)(1), (2). Pub. L. 95–217, §50, substituted "section 1314(i)(2)" for "section 1314(h)(2)".
Subsec. (d)(2). Pub. L. 95–217, §65(b), inserted provision requiring that, whenever the Administrator
objects to the issuance of a permit under subsec. (d)(2) of this section, the written objection contain a
statement of the reasons for the objection and the effluent limitations and conditions which the permit would
include if it were issued by the Administrator.
Subsec. (d)(4). Pub. L. 95–217, §65(a), added par. (4).
Subsec. (e). Pub. L. 95–217, §50, substituted "subsection (i)(2) of section 1314" for "subsection (h)(2) of
section 1314".
Subsec. (h). Pub. L. 95–217, §66, substituted "where no State program is approved or where the
Administrator determines pursuant to section 1319(a) of this title that a State with an approved program has
not commenced appropriate enforcement action with respect to such permit," for "where no State program is
approved,".
Subsec. (l). Pub. L. 95–217, §33(c), added subsec. (l).
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Enforcement functions of Administrator or other official of the Environmental Protection Agency under this
section relating to compliance with national pollutant discharge elimination system permits with respect to
pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural
gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas
Transportation System, until the first anniversary of the date of initial operation of the Alaska Natural Gas
Transportation System, see Reorg. Plan No. 1 of 1979, §§102(a), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,
1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees.
Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and
authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out
as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade.
Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for
Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.
(2) In any event where insufficient information exists on any proposed discharge to make a
reasonable judgment on any of the guidelines established pursuant to this subsection no permit shall
be issued under section 1342 of this title.
(June 30, 1948, ch. 758, title IV, §403, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 883.)
is not prohibited by or otherwise subject to regulation under this section or section 1311(a) or
1342 of this title (except for effluent standards or prohibitions under section 1317 of this title).
(2) Any discharge of dredged or fill material into the navigable waters incidental to any activity
having as its purpose bringing an area of the navigable waters into a use to which it was not
previously subject, where the flow or circulation of navigable waters may be impaired or the reach of
such waters be reduced, shall be required to have a permit under this section.
(g) State administration
(1) The Governor of any State desiring to administer its own individual and general permit
program for the discharge of dredged or fill material into the navigable waters (other than those
waters which are presently used, or are susceptible to use in their natural condition or by reasonable
improvement as a means to transport interstate or foreign commerce shoreward to their ordinary high
water mark, including all waters which are subject to the ebb and flow of the tide shoreward to their
mean high water mark, or mean higher high water mark on the west coast, including wetlands
adjacent thereto) within its jurisdiction may submit to the Administrator a full and complete
description of the program it proposes to establish and administer under State law or under an
interstate compact. In addition, such State shall submit a statement from the attorney general (or the
attorney for those State agencies which have independent legal counsel), or from the chief legal
officer in the case of an interstate agency, that the laws of such State, or the interstate compact, as the
case may be, provide adequate authority to carry out the described program.
(2) Not later than the tenth day after the date of the receipt of the program and statement submitted
by any State under paragraph (1) of this subsection, the Administrator shall provide copies of such
program and statement to the Secretary and the Secretary of the Interior, acting through the Director
of the United States Fish and Wildlife Service.
(3) Not later than the ninetieth day after the date of the receipt by the Administrator of the
program and statement submitted by any State, under paragraph (1) of this subsection, the Secretary
and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife
Service, shall submit any comments with respect to such program and statement to the Administrator
in writing.
(h) Determination of State's authority to issue permits under State program; approval;
notification; transfers to State program
(1) Not later than the one-hundred-twentieth day after the date of the receipt by the Administrator
of a program and statement submitted by any State under paragraph (1) of this subsection, the
Administrator shall determine, taking into account any comments submitted by the Secretary and the
Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service,
pursuant to subsection (g) of this section, whether such State has the following authority with respect
to the issuance of permits pursuant to such program:
(A) To issue permits which—
(i) apply, and assure compliance with, any applicable requirements of this section, including,
but not limited to, the guidelines established under subsection (b)(1) of this section, and sections
1317 and 1343 of this title;
(ii) are for fixed terms not exceeding five years; and
(iii) can be terminated or modified for cause including, but not limited to, the following:
(I) violation of any condition of the permit;
(II) obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts;
(III) change in any condition that requires either a temporary or permanent reduction or
elimination of the permitted discharge.
(B) To issue permits which apply, and assure compliance with, all applicable requirements of
section 1318 of this title, or to inspect, monitor, enter, and require reports to at least the same
extent as required in section 1318 of this title.
(C) To assure that the public, and any other State the waters of which may be affected, receive
notice of each application for a permit and to provide an opportunity for public hearing before a
ruling on each such application.
(D) To assure that the Administrator receives notice of each application (including a copy
thereof) for a permit.
(E) To assure that any State (other than the permitting State), whose waters may be affected by
the issuance of a permit may submit written recommendations to the permitting State (and the
Administrator) with respect to any permit application and, if any part of such written
recommendations are not accepted by the permitting State, that the permitting State will notify
such affected State (and the Administrator) in writing of its failure to so accept such
recommendations together with its reasons for so doing.
(F) To assure that no permit will be issued if, in the judgment of the Secretary, after
consultation with the Secretary of the department in which the Coast Guard is operating,
anchorage and navigation of any of the navigable waters would be substantially impaired thereby.
(G) To abate violations of the permit or the permit program, including civil and criminal
penalties and other ways and means of enforcement.
(H) To assure continued coordination with Federal and Federal-State water-related planning and
review processes.
(2) If, with respect to a State program submitted under subsection (g)(1) of this section, the
Administrator determines that such State—
(A) has the authority set forth in paragraph (1) of this subsection, the Administrator shall
approve the program and so notify (i) such State and (ii) the Secretary, who upon subsequent
notification from such State that it is administering such program, shall suspend the issuance of
permits under subsections (a) and (e) of this section for activities with respect to which a permit
may be issued pursuant to such State program; or
(B) does not have the authority set forth in paragraph (1) of this subsection, the Administrator
shall so notify such State, which notification shall also describe the revisions or modifications
necessary so that such State may resubmit such program for a determination by the Administrator
under this subsection.
(3) If the Administrator fails to make a determination with respect to any program submitted by a
State under subsection (g)(1) of this section within one-hundred-twenty days after the date of the
receipt of such program, such program shall be deemed approved pursuant to paragraph (2)(A) of
this subsection and the Administrator shall so notify such State and the Secretary who, upon
subsequent notification from such State that it is administering such program, shall suspend the
issuance of permits under subsection (a) and (e) of this section for activities with respect to which a
permit may be issued by such State.
(4) After the Secretary receives notification from the Administrator under paragraph (2) or (3) of
this subsection that a State permit program has been approved, the Secretary shall transfer any
applications for permits pending before the Secretary for activities with respect to which a permit
may be issued pursuant to such State program to such State for appropriate action.
(5) Upon notification from a State with a permit program approved under this subsection that such
State intends to administer and enforce the terms and conditions of a general permit issued by the
Secretary under subsection (e) of this section with respect to activities in such State to which such
general permit applies, the Secretary shall suspend the administration and enforcement of such
general permit with respect to such activities.
(i) Withdrawal of approval
Whenever the Administrator determines after public hearing that a State is not administering a
program approved under subsection (h)(2)(A) of this section, in accordance with this section,
including, but not limited to, the guidelines established under subsection (b)(1) of this section, the
Administrator shall so notify the State, and, if appropriate corrective action is not taken within a
reasonable time, not to exceed ninety days after the date of the receipt of such notification, the
Administrator shall (1) withdraw approval of such program until the Administrator determines such
corrective action has been taken, and (2) notify the Secretary that the Secretary shall resume the
program for the issuance of permits under subsections (a) and (e) of this section for activities with
respect to which the State was issuing permits and that such authority of the Secretary shall continue
in effect until such time as the Administrator makes the determination described in clause (1) of this
subsection and such State again has an approved program.
(j) Copies of applications for State permits and proposed general permits to be transmitted to
Administrator
Each State which is administering a permit program pursuant to this section shall transmit to the
Administrator (1) a copy of each permit application received by such State and provide notice to the
Administrator of every action related to the consideration of such permit application, including each
permit proposed to be issued by such State, and (2) a copy of each proposed general permit which
such State intends to issue. Not later than the tenth day after the date of the receipt of such permit
application or such proposed general permit, the Administrator shall provide copies of such permit
application or such proposed general permit to the Secretary and the Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife Service. If the Administrator intends to
provide written comments to such State with respect to such permit application or such proposed
general permit, he shall so notify such State not later than the thirtieth day after the date of the
receipt of such application or such proposed general permit and provide such written comments to
such State, after consideration of any comments made in writing with respect to such application or
such proposed general permit by the Secretary and the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service, not later than the ninetieth day after the date
of such receipt. If such State is so notified by the Administrator, it shall not issue the proposed
permit until after the receipt of such comments from the Administrator, or after such ninetieth day,
whichever first occurs. Such State shall not issue such proposed permit after such ninetieth day if it
has received such written comments in which the Administrator objects (A) to the issuance of such
proposed permit and such proposed permit is one that has been submitted to the Administrator
pursuant to subsection (h)(1)(E), or (B) to the issuance of such proposed permit as being outside the
requirements of this section, including, but not limited to, the guidelines developed under subsection
(b)(1) of this section unless it modifies such proposed permit in accordance with such comments.
Whenever the Administrator objects to the issuance of a permit under the preceding sentence such
written objection shall contain a statement of the reasons for such objection and the conditions which
such permit would include if it were issued by the Administrator. In any case where the
Administrator objects to the issuance of a permit, on request of the State, a public hearing shall be
held by the Administrator on such objection. If the State does not resubmit such permit revised to
meet such objection within 30 days after completion of the hearing or, if no hearing is requested
within 90 days after the date of such objection, the Secretary may issue the permit pursuant to
subsection (a) or (e) of this section, as the case may be, for such source in accordance with the
guidelines and requirements of this chapter.
(k) Waiver
In accordance with guidelines promulgated pursuant to subsection (i)(2) of section 1314 of this
title, the Administrator is authorized to waive the requirements of subsection (j) of this section at the
time of the approval of a program pursuant to subsection (h)(2)(A) of this section for any category
(including any class, type, or size within such category) of discharge within the State submitting such
program.
(l) Categories of discharges not subject to requirements
The Administrator shall promulgate regulations establishing categories of discharges which he
determines shall not be subject to the requirements of subsection (j) of this section in any State with
a program approved pursuant to subsection (h)(2)(A) of this section. The Administrator may
distinguish among classes, types, and sizes within any category of discharges.
(m) Comments on permit applications or proposed general permits by Secretary of the Interior
acting through Director of United States Fish and Wildlife Service
Not later than the ninetieth day after the date on which the Secretary notifies the Secretary of the
Interior, acting through the Director of the United States Fish and Wildlife Service that (1) an
application for a permit under subsection (a) of this section has been received by the Secretary, or (2)
the Secretary proposes to issue a general permit under subsection (e) of this section, the Secretary of
the Interior, acting through the Director of the United States Fish and Wildlife Service, shall submit
any comments with respect to such application or such proposed general permit in writing to the
Secretary.
(n) Enforcement authority not limited
Nothing in this section shall be construed to limit the authority of the Administrator to take action
pursuant to section 1319 of this title.
(o) Public availability of permits and permit applications
A copy of each permit application and each permit issued under this section shall be available to
the public. Such permit application or portion thereof, shall further be available on request for the
purpose of reproduction.
(p) Compliance
Compliance with a permit issued pursuant to this section, including any activity carried out
pursuant to a general permit issued under this section, shall be deemed compliance, for purposes of
sections 1319 and 1365 of this title, with sections 1311, 1317, and 1343 of this title.
(q) Minimization of duplication, needless paperwork, and delays in issuance; agreements
Not later than the one-hundred-eightieth day after December 27, 1977, the Secretary shall enter
into agreements with the Administrator, the Secretaries of the Departments of Agriculture,
Commerce, Interior, and Transportation, and the heads of other appropriate Federal agencies to
minimize, to the maximum extent practicable, duplication, needless paperwork, and delays in the
issuance of permits under this section. Such agreements shall be developed to assure that, to the
maximum extent practicable, a decision with respect to an application for a permit under subsection
(a) of this section will be made not later than the ninetieth day after the date the notice for such
application is published under subsection (a) of this section.
(r) Federal projects specifically authorized by Congress
The discharge of dredged or fill material as part of the construction of a Federal project
specifically authorized by Congress, whether prior to or on or after December 27, 1977, is not
prohibited by or otherwise subject to regulation under this section, or a State program approved
under this section, or section 1311(a) or 1342 of this title (except for effluent standards or
prohibitions under section 1317 of this title), if information on the effects of such discharge,
including consideration of the guidelines developed under subsection (b)(1) of this section, is
included in an environmental impact statement for such project pursuant to the National
Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and such environmental impact statement
has been submitted to Congress before the actual discharge of dredged or fill material in connection
with the construction of such project and prior to either authorization of such project or an
appropriation of funds for such construction.
(s) Violation of permits
(1) Whenever on the basis of any information available to him the Secretary finds that any person
is in violation of any condition or limitation set forth in a permit issued by the Secretary under this
section, the Secretary shall issue an order requiring such person to comply with such condition or
limitation, or the Secretary shall bring a civil action in accordance with paragraph (3) of this
subsection.
(2) A copy of any order issued under this subsection shall be sent immediately by the Secretary to
the State in which the violation occurs and other affected States. Any order issued under this
subsection shall be by personal service and shall state with reasonable specificity the nature of the
violation, specify a time for compliance, not to exceed thirty days, which the Secretary determines is
reasonable, taking into account the seriousness of the violation and any good faith efforts to comply
with applicable requirements. In any case in which an order under this subsection is issued to a
corporation, a copy of such order shall be served on any appropriate corporate officers.
(3) The Secretary is authorized to commence a civil action for appropriate relief, including a
permanent or temporary injunction for any violation for which he is authorized to issue a compliance
order under paragraph (1) of this subsection. Any action under this paragraph may be brought in the
district court of the United States for the district in which the defendant is located or resides or is
doing business, and such court shall have jurisdiction to restrain such violation and to require
compliance. Notice of the commencement of such acton 1 shall be given immediately to the
appropriate State.
(4) Any person who violates any condition or limitation in a permit issued by the Secretary under
this section, and any person who violates any order issued by the Secretary under paragraph (1) of
this subsection, shall be subject to a civil penalty not to exceed $25,000 per day for each violation. In
determining the amount of a civil penalty the court shall consider the seriousness of the violation or
violations, the economic benefit (if any) resulting from the violation, any history of such violations,
any good-faith efforts to comply with the applicable requirements, the economic impact of the
penalty on the violator, and such other matters as justice may require.
(t) Navigable waters within State jurisdiction
Nothing in this section shall preclude or deny the right of any State or interstate agency to control
the discharge of dredged or fill material in any portion of the navigable waters within the jurisdiction
of such State, including any activity of any Federal agency, and each such agency shall comply with
such State or interstate requirements both substantive and procedural to control the discharge of
dredged or fill material to the same extent that any person is subject to such requirements. This
section shall not be construed as affecting or impairing the authority of the Secretary to maintain
navigation.
(June 30, 1948, ch. 758, title IV, §404, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 884;
amended Pub. L. 95–217, §67(a), (b), Dec. 27, 1977, 91 Stat. 1600; Pub. L. 100–4, title III, §313(d),
Feb. 4, 1987, 101 Stat. 45.)
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (r), is Pub. L. 91–190, Jan. 1, 1970,
83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under
section 4321 of Title 42 and Tables.
AMENDMENTS
1987—Subsec. (s). Pub. L. 100–4 redesignated par. (5) as (4), substituted "$25,000 per day for each
violation" for "$10,000 per day of such violation", inserted provision specifying factors to consider in
determining the penalty amount, and struck out former par. (4) which read as follows:
"(A) Any person who willfully or negligently violates any condition or limitation in a permit issued by the
Secretary under this section shall be punished by a fine of not less than $2,500 nor more than $25,000 per day
of violation, or by imprisonment for not more than one year, or by both. If the conviction is for a violation
committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not
more than $50,000 per day of violation, or by imprisonment for not more than two years, or by both.
"(B) For the purposes of this paragraph, the term 'person' shall mean, in addition to the definition contained
in section 1362(5) of this title, any responsible corporate officer."
1977—Subsec. (a). Pub. L. 95–217, §67(a)(1), substituted "The Secretary" for "The Secretary of the Army,
acting through the Chief of Engineers," and inserted provision that, not later than the fifteenth day after the
date an applicant submits all the information required to complete an application for a permit under this
subsection, the Secretary publish the notice required by this subsection.
Subsecs. (b), (c). Pub. L. 95–217, §67(a)(2), substituted "the Secretary" for "the Secretary of the Army".
Subsecs. (d) to (t). Pub. L. 95–217, §67(b), added subsecs. (d) to (t).
EXECUTIVE DOCUMENTS
TRANSFER OF FUNCTIONS
Enforcement functions of Administrator or other official of the Environmental Protection Agency and of
Secretary or other official in Department of the Interior relating to review of the Corps of Engineers' dredged
and fill material permits and such functions of Secretary of the Army, Chief of Engineers, or other official in
Corps of Engineers of the United States Army relating to compliance with dredged and fill material permits
issued under this section with respect to pre-construction, construction, and initial operation of transportation
system for Canadian and Alaskan natural gas were transferred to the Federal Inspector, Office of Federal
Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of the date of initial
operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§102(a), (b), (e),
203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas
Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of
Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note
under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy
subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section
720d(f) of Title 15.
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.
The Administrator is authorized to revise any regulation issued under this subsection.
(2) Identification and regulation of toxic pollutants
(A) On basis of available information
(i) Proposed regulations
Not later than November 30, 1986, the Administrator shall identify those toxic pollutants
which, on the basis of available information on their toxicity, persistence, concentration,
mobility, or potential for exposure, may be present in sewage sludge in concentrations which
may adversely affect public health or the environment, and propose regulations specifying
acceptable management practices for sewage sludge containing each such toxic pollutant and
establishing numerical limitations for each such pollutant for each use identified under
paragraph (1)(A).
(ii) Final regulations
Not later than August 31, 1987, and after opportunity for public hearing, the Administrator
shall promulgate the regulations required by subparagraph (A)(i).
(B) Others
(i) Proposed regulations
Not later than July 31, 1987, the Administrator shall identify those toxic pollutants not
identified under subparagraph (A)(i) which may be present in sewage sludge in
concentrations which may adversely affect public health or the environment, and propose
regulations specifying acceptable management practices for sewage sludge containing each
such toxic pollutant and establishing numerical limitations for each pollutant for each such
use identified under paragraph (1)(A).
(ii) Final regulations
Not later than June 15, 1988, the Administrator shall promulgate the regulations required
by subparagraph (B)(i).
(C) Review
From time to time, but not less often than every 2 years, the Administrator shall review the
regulations promulgated under this paragraph for the purpose of identifying additional toxic
pollutants and promulgating regulations for such pollutants consistent with the requirements of
this paragraph.
(D) Minimum standards; compliance date
The management practices and numerical criteria established under subparagraphs (A), (B),
and (C) shall be adequate to protect public health and the environment from any reasonably
anticipated adverse effects of each pollutant. Such regulations shall require compliance as
expeditiously as practicable but in no case later than 12 months after their publication, unless
such regulations require the construction of new pollution control facilities, in which case the
regulations shall require compliance as expeditiously as practicable but in no case later than two
years from the date of their publication.
(3) Alternative standards
For purposes of this subsection, if, in the judgment of the Administrator, it is not feasible to
prescribe or enforce a numerical limitation for a pollutant identified under paragraph (2), the
Administrator may instead promulgate a design, equipment, management practice, or operational
standard, or combination thereof, which in the Administrator's judgment is adequate to protect
public health and the environment from any reasonably anticipated adverse effects of such
pollutant. In the event the Administrator promulgates a design or equipment standard under this
subsection, the Administrator shall include as part of such standard such requirements as will
assure the proper operation and maintenance of any such element of design or equipment.
(4) Conditions on permits
Prior to the promulgation of the regulations required by paragraph (2), the Administrator shall
impose conditions in permits issued to publicly owned treatment works under section 1342 of this
title or take such other measures as the Administrator deems appropriate to protect public health
and the environment from any adverse effects which may occur from toxic pollutants in sewage
sludge.
(5) Limitation on statutory construction
Nothing in this section is intended to waive more stringent requirements established by this
chapter or any other law.
(e) Manner of sludge disposal
The determination of the manner of disposal or use of sludge is a local determination, except that
it shall be unlawful for any person to dispose of sludge from a publicly owned treatment works or
any other treatment works treating domestic sewage for any use for which regulations have been
established pursuant to subsection (d) of this section, except in accordance with such regulations.
(f) Implementation of regulations
(1) Through section 1342 permits
Any permit issued under section 1342 of this title to a publicly owned treatment works or any
other treatment works treating domestic sewage shall include requirements for the use and
disposal of sludge that implement the regulations established pursuant to subsection (d) of this
section, unless such requirements have been included in a permit issued under the appropriate
provisions of subtitle C of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.], part C of the
Safe Drinking Water Act [42 U.S.C. 300h et seq.], the Marine Protection, Research, and
Sanctuaries Act of 1972 [16 U.S.C. 1431 et seq., 1447 et seq.; 33 U.S.C. 1401 et seq., 2801 et
seq.], or the Clean Air Act [42 U.S.C. 7401 et seq.], or under State permit programs approved by
the Administrator, where the Administrator determines that such programs assure compliance with
any applicable requirements of this section. Not later than December 15, 1986, the Administrator
shall promulgate procedures for approval of State programs pursuant to this paragraph.
(2) Through other permits
In the case of a treatment works described in paragraph (1) that is not subject to section 1342 of
this title and to which none of the other above listed permit programs nor approved State permit
authority apply, the Administrator may issue a permit to such treatment works solely to impose
requirements for the use and disposal of sludge that implement the regulations established
pursuant to subsection (d) of this section. The Administrator shall include in the permit
appropriate requirements to assure compliance with the regulations established pursuant to
subsection (d) of this section. The Administrator shall establish procedures for issuing permits
pursuant to this paragraph.
(g) Studies and projects
(1) Grant program; information gathering
The Administrator is authorized to conduct or initiate scientific studies, demonstration projects,
and public information and education projects which are designed to promote the safe and
beneficial management or use of sewage sludge for such purposes as aiding the restoration of
abandoned mine sites, conditioning soil for parks and recreation areas, agricultural and
horticultural uses, and other beneficial purposes. For the purposes of carrying out this subsection,
the Administrator may make grants to State water pollution control agencies, other public or
nonprofit agencies, institutions, organizations, and individuals. In cooperation with other Federal
departments and agencies, other public and private agencies, institutions, and organizations, the
Administrator is authorized to collect and disseminate information pertaining to the safe and
beneficial use of sewage sludge.
(2) Authorization of appropriations
For the purposes of carrying out the scientific studies, demonstration projects, and public
information and education projects authorized in this section, there is authorized to be
appropriated for fiscal years beginning after September 30, 1986, not to exceed $5,000,000.
(June 30, 1948, ch. 758, title IV, §405, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 884;
amended Pub. L. 95–217, §§54(d), 68, Dec. 27, 1977, 91 Stat. 1591, 1606; Pub. L. 100–4, title IV,
§406(a)–(c), (f), Feb. 4, 1987, 101 Stat. 71, 72, 74.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Solid Waste Disposal Act, referred to in subsec. (f)(1), is title II of Pub. L. 89–272, Oct. 20, 1965, 79
Stat. 997, as amended generally by Pub. L. 94–580, §2, Oct. 21, 1976, 90 Stat. 2795. Subtitle C of the Solid
Waste Disposal Act is classified generally to subchapter III (§6921 et seq.) of chapter 82 of Title 42, The
Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out
under section 6901 of Title 42 and Tables.
The Safe Drinking Water Act, referred to in subsec. (f)(1), is title XIV of act July 1, 1944, as added Dec.
16, 1974, Pub. L. 93–523, §2(a), 88 Stat. 1660, as amended. Part C of the Act is classified generally to part C
(§300h et seq.) of subchapter XII of chapter 6A of Title 42. For complete classification of this Act to the
Code, see Short Title note set out under section 201 of Title 42 and Tables.
The Marine Protection, Research, and Sanctuaries Act of 1972, referred to in subsec. (f)(1), is Pub. L.
92–532, Oct. 23, 1972, 86 Stat. 1052, as amended, which is classified generally to chapters 32 (§1431 et seq.)
and 32A (§1447 et seq.) of Title 16, Conservation, and chapters 27 (§1401 et seq.) and 41 (§2801 et seq.) of
this title. For complete classification of this Act to the Code, see Short Title note set out under section 1401 of
this title and Tables.
The Clean Air Act, referred to in subsec. (f)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended,
which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and
Tables.
AMENDMENTS
1987—Subsec. (d). Pub. L. 100–4, §406(a), designated existing provision as par. (1), inserted heading,
redesignated former pars. (1) to (3) as subpars. (A) to (C), and added pars. (2) to (5).
Pub. L. 100–4, §406(f), inserted heading "Regulations" and aligned par. (1) with par. (3) and subpars. (A) to
(C) of par. (1) with subpar. (C) of par. (2).
Subsec. (e). Pub. L. 100–4, §406(b), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as
follows: "The determination of the manner of disposal or use of sludge is a local determination except that it
shall be unlawful for the owner or operator of any publicly owned treatment works to dispose of sludge from
such works for any use for which guidelines have been established pursuant to subsection (d) of this section,
except in accordance with such guidelines."
Subsecs. (f), (g). Pub. L. 100–4, §406(c), added subsecs. (f) and (g).
1977—Subsec. (a). Pub. L. 95–217, §68(a), substituted "under section 1342 of this title" for "under this
section".
Subsec. (b). Pub. L. 95–217, §§54(d)(1), 68(b), (c), substituted "sewage sludge subject to subsection (a) of
this section and section 1342 of this title" for "sewage sludge subject to this section" and struck out ", as the
Administrator determines necessary to carry out the objective of this chapter" after "permit issued under
section 1342 of this title".
Subsec. (c). Pub. L. 95–217, §§54(d)(2), 68(d), substituted "disposal of sewage sludge subject to subsection
(a) of this section within its jurisdiction may do so in accordance with section 1342 of this title" for "disposal
of sewage sludge within its jurisdiction may do so if upon submission of such program the Administrator
determines such program is adequate to carry out the objective of this chapter".
Subsecs. (d), (e). Pub. L. 95–217, §54(d)(3), added subsecs. (d) and (e).
(4)(A) the methods to be used for detecting levels of pathogens and pathogen indicators that are
harmful to human health; and
(B) the assessment procedures for identifying short-term increases in pathogens and pathogen
indicators that are harmful to human health in coastal recreation waters (including increases in
relation to storm events);
(5) measures for prompt communication of the occurrence, nature, location, pollutants involved,
and extent of any exceeding of, or likelihood of exceeding, applicable water quality standards for
pathogens and pathogen indicators to—
(A) the Administrator, in such form as the Administrator determines to be appropriate; and
(B) a designated official of a local government having jurisdiction over land adjoining the
coastal recreation waters for which the failure to meet applicable standards is identified;
(6) measures for the posting of signs at beaches or similar points of access, or functionally
equivalent communication measures that are sufficient to give notice to the public that the coastal
recreation waters are not meeting or are not expected to meet applicable water quality standards
for pathogens and pathogen indicators; and
(7) measures that inform the public of the potential risks associated with water contact activities
in the coastal recreation waters that do not meet applicable water quality standards.
(d) Federal agency programs
Not later than 3 years after October 10, 2000, each Federal agency that has jurisdiction over
coastal recreation waters adjacent to beaches or similar points of access that are used by the public
shall develop and implement, through a process that provides for public notice and an opportunity
for comment, a monitoring and notification program for the coastal recreation waters that—
(1) protects the public health and safety;
(2) is consistent with the performance criteria published under subsection (a);
(3) includes a completed report on the information specified in subsection (b)(3)(A), to be
submitted to the Administrator; and
(4) addresses the matters specified in subsection (c).
(e) Database
The Administrator shall establish, maintain, and make available to the public by electronic and
other means a national coastal recreation water pollution occurrence database that provides—
(1) the data reported to the Administrator under subsections (b)(3)(A)(i) and (d)(3); and
(2) other information concerning pathogens and pathogen indicators in coastal recreation waters
that—
(A) is made available to the Administrator by a State or local government, from a coastal
water quality monitoring program of the State or local government; and
(B) the Administrator determines should be included.
(f) Technical assistance for monitoring floatable material
The Administrator shall provide technical assistance to States and local governments for the
development of assessment and monitoring procedures for floatable material to protect public health
and safety in coastal recreation waters.
(g) List of waters
(1) In general
Beginning not later than 18 months after the date of publication of performance criteria under
subsection (a), based on information made available to the Administrator, the Administrator shall
identify, and maintain a list of, discrete coastal recreation waters adjacent to beaches or similar
points of access that are used by the public that—
(A) specifies any waters described in this paragraph that are subject to a monitoring and
notification program consistent with the performance criteria established under subsection (a);
and
(B) specifies any waters described in this paragraph for which there is no monitoring and
notification program (including waters for which fiscal constraints will prevent the State or the
Administrator from performing monitoring and notification consistent with the performance
criteria established under subsection (a)).
(2) Availability
The Administrator shall make the list described in paragraph (1) available to the public
through—
(A) publication in the Federal Register; and
(B) electronic media.
(3) Updates
The Administrator shall update the list described in paragraph (1) periodically as new
information becomes available.
(h) EPA implementation
In the case of a State that has no program for monitoring and notification that is consistent with
the performance criteria published under subsection (a) after the last day of the 3-year period
beginning on the date on which the Administrator lists waters in the State under subsection (g)(1)(B),
the Administrator shall conduct a monitoring and notification program for the listed waters based on
a priority ranking established by the Administrator using funds appropriated for grants under
subsection (i)—
(1) to conduct monitoring and notification; and
(2) for related salaries, expenses, and travel.
(i) Authorization of appropriations
There is authorized to be appropriated for making grants under subsection (b), including
implementation of monitoring and notification programs by the Administrator under subsection (h),
$30,000,000 for each of fiscal years 2001 through 2005.
(June 30, 1948, ch. 758, title IV, §406, as added Pub. L. 106–284, §4, Oct. 10, 2000, 114 Stat. 872.)
§1361. Administration
(a) Authority of Administrator to prescribe regulations
The Administrator is authorized to prescribe such regulations as are necessary to carry out his
functions under this chapter.
(b) Utilization of other agency officers and employees
The Administrator, with the consent of the head of any other agency of the United States, may
utilize such officers and employees of such agency as may be found necessary to assist in carrying
out the purposes of this chapter.
(c) Recordkeeping
Each recipient of financial assistance under this chapter shall keep such records as the
Administrator shall prescribe, including records which fully disclose the amount and disposition by
such recipient of the proceeds of such assistance, the total cost of the project or undertaking in
connection with which such assistance is given or used, and the amount of that portion of the cost of
the project or undertaking supplied by other sources, and such other records as will facilitate
effective audit.
(d) Audit
The Administrator and the Comptroller General of the United States, or any of their duly
authorized representatives, shall have access, for the purpose of audit and examination, to any books,
documents, papers, and records of the recipients that are pertinent to the grants received under this
chapter. For the purpose of carrying out audits and examinations with respect to recipients of Federal
assistance under this chapter, the Administrator is authorized to enter into noncompetitive
procurement contracts with independent State audit organizations, consistent with chapter 75 of title
31. Such contracts may only be entered into to the extent and in such amounts as may be provided in
advance in appropriation Acts.
(e) Awards for outstanding technological achievement or innovative processes, methods, or
devices in waste treatment and pollution abatement programs
(1) It is the purpose of this subsection to authorize a program which will provide official
recognition by the United States Government to those industrial organizations and political
subdivisions of States which during the preceding year demonstrated an outstanding technological
achievement or an innovative process, method, or device in their waste treatment and pollution
abatement programs. The Administrator shall, in consultation with the appropriate State water
pollution control agencies, establish regulations under which such recognition may be applied for
and granted, except that no applicant shall be eligible for an award under this subsection if such
applicant is not in total compliance with all applicable water quality requirements under this chapter,
or otherwise does not have a satisfactory record with respect to environmental quality.
(2) The Administrator shall award a certificate or plaque of suitable design to each industrial
organization or political subdivision which qualifies for such recognition under regulations
established under this subsection.
(3) The President of the United States, the Governor of the appropriate State, the Speaker of the
House of Representatives, and the President pro tempore of the Senate shall be notified of the award
by the Administrator and the awarding of such recognition shall be published in the Federal Register.
(f) Detail of Environmental Protection Agency personnel to State water pollution control
agencies
Upon the request of a State water pollution control agency, personnel of the Environmental
Protection Agency may be detailed to such agency for the purpose of carrying out the provisions of
this chapter.
(June 30, 1948, ch. 758, title V, §501, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 885;
amended Pub. L. 100–4, title V, §501, Feb. 4, 1987, 101 Stat. 75.)
EDITORIAL NOTES
AMENDMENTS
1987—Subsec. (d). Pub. L. 100–4 inserted provision at end authorizing Administrator to enter into
noncompetitive procurement contracts with independent State audit organizations, consistent with chapter 75
of title 31, but only to extent and in such amounts as provided in advance in appropriations Acts.
§1362. Definitions
Except as otherwise specifically provided, when used in this chapter:
(1) The term "State water pollution control agency" means the State agency designated by the
Governor having responsibility for enforcing State laws relating to the abatement of pollution.
(2) The term "interstate agency" means an agency of two or more States established by or pursuant
to an agreement or compact approved by the Congress, or any other agency of two or more States,
having substantial powers or duties pertaining to the control of pollution as determined and approved
by the Administrator.
(3) The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands,
and the Trust Territory of the Pacific Islands.
(4) The term "municipality" means a city, town, borough, county, parish, district, association, or
other public body created by or pursuant to State law and having jurisdiction over disposal of
sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized Indian tribal
organization, or a designated and approved management agency under section 1288 of this title.
(5) The term "person" means an individual, corporation, partnership, association, State,
municipality, commission, or political subdivision of a State, or any interstate body.
(6) The term "pollutant" means dredged spoil, solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural
waste discharged into water. This term does not mean (A) "sewage from vessels or a discharge
incidental to the normal operation of a vessel of the Armed Forces" within the meaning of section
1322 of this title; or (B) water, gas, or other material which is injected into a well to facilitate
production of oil or gas, or water derived in association with oil or gas production and disposed of in
a well, if the well used either to facilitate production or for disposal purposes is approved by
authority of the State in which the well is located, and if such State determines that such injection or
disposal will not result in the degradation of ground or surface water resources.
(7) The term "navigable waters" means the waters of the United States, including the territorial
seas.
(8) The term "territorial seas" means the belt of the seas measured from the line of ordinary low
water along that portion of the coast which is in direct contact with the open sea and the line marking
the seaward limit of inland waters, and extending seaward a distance of three miles.
(9) The term "contiguous zone" means the entire zone established or to be established by the
United States under article 24 of the Convention of the Territorial Sea and the Contiguous Zone.
(10) The term "ocean" means any portion of the high seas beyond the contiguous zone.
(11) The term "effluent limitation" means any restriction established by a State or the
Administrator on quantities, rates, and concentrations of chemical, physical, biological, and other
constituents which are discharged from point sources into navigable waters, the waters of the
contiguous zone, or the ocean, including schedules of compliance.
(12) The term "discharge of a pollutant" and the term "discharge of pollutants" each means (A)
any addition of any pollutant to navigable waters from any point source, (B) any addition of any
pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel
or other floating craft.
(13) The term "toxic pollutant" means those pollutants, or combinations of pollutants, including
disease-causing agents, which after discharge and upon exposure, ingestion, inhalation or
assimilation into any organism, either directly from the environment or indirectly by ingestion
through food chains, will, on the basis of information available to the Administrator, cause death,
disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including
malfunctions in reproduction) or physical deformations, in such organisms or their offspring.
(14) The term "point source" means any discernible, confined and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling
stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants
are or may be discharged. This term does not include agricultural stormwater discharges and return
flows from irrigated agriculture.
(15) The term "biological monitoring" shall mean the determination of the effects on aquatic life,
including accumulation of pollutants in tissue, in receiving waters due to the discharge of pollutants
(A) by techniques and procedures, including sampling of organisms representative of appropriate
levels of the food chain appropriate to the volume and the physical, chemical, and biological
characteristics of the effluent, and (B) at appropriate frequencies and locations.
(16) The term "discharge" when used without qualification includes a discharge of a pollutant, and
a discharge of pollutants.
(17) The term "schedule of compliance" means a schedule of remedial measures including an
enforceable sequence of actions or operations leading to compliance with an effluent limitation, other
limitation, prohibition, or standard.
(18) The term "industrial user" means those industries identified in the Standard Industrial
Classification Manual, Bureau of the Budget, 1967, as amended and supplemented, under the
category of "Division D—Manufacturing" and such other classes of significant waste producers as,
by regulation, the Administrator deems appropriate.
(19) The term "pollution" means the man-made or man-induced alteration of the chemical,
physical, biological, and radiological integrity of water.
(20) The term "medical waste" means isolation wastes; infectious agents; human blood and blood
products; pathological wastes; sharps; body parts; contaminated bedding; surgical wastes and
potentially contaminated laboratory wastes; dialysis wastes; and such additional medical items as the
Administrator shall prescribe by regulation.
(21) COASTAL RECREATION WATERS.—
(A) IN GENERAL.—The term "coastal recreation waters" means—
(i) the Great Lakes; and
(ii) marine coastal waters (including coastal estuaries) that are designated under section
1313(c) of this title by a State for use for swimming, bathing, surfing, or similar water contact
activities.
(B) EXCLUSION.—The term "recreational vessel" does not include a vessel that is subject to
Coast Guard inspection and that—
(i) is engaged in commercial use; or
(ii) carries paying passengers.
(26) TREATMENT WORKS.—The term "treatment works" has the meaning given the term in
section 1292 of this title.
(27) GREEN INFRASTRUCTURE.—The term "green infrastructure" means the range of
measures that use plant or soil systems, permeable pavement or other permeable surfaces or
substrates, stormwater harvest and reuse, or landscaping to store, infiltrate, or evapotranspirate
stormwater and reduce flows to sewer systems or to surface waters.
(June 30, 1948, ch. 758, title V, §502, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 886;
amended Pub. L. 95–217, §33(b), Dec. 27, 1977, 91 Stat. 1577; Pub. L. 100–4, title V, §§502(a),
503, Feb. 4, 1987, 101 Stat. 75; Pub. L. 100–688, title III, §3202(a), Nov. 18, 1988, 102 Stat. 4154;
Pub. L. 104–106, div. A, title III, §325(c)(3), Feb. 10, 1996, 110 Stat. 259; Pub. L. 106–284, §5, Oct.
10, 2000, 114 Stat. 875; Pub. L. 109–58, title III, §323, Aug. 8, 2005, 119 Stat. 694; Pub. L.
110–288, §3, July 29, 2008, 122 Stat. 2650; Pub. L. 113–121, title V, §5012(b), June 10, 2014, 128
Stat. 1328; Pub. L. 115–436, §5(a), Jan. 14, 2019, 132 Stat. 5561.)
EDITORIAL NOTES
AMENDMENTS
2019—Par. (27). Pub. L. 115–436 added par. (27).
2014—Par. (26). Pub. L. 113–121 added par. (26).
2008—Par. (25). Pub. L. 110–288 added par. (25).
2005—Par. (24). Pub. L. 109–58 added par. (24).
2000—Pars. (21) to (23). Pub. L. 106–284 added pars. (21) to (23).
1996—Par. (6)(A). Pub. L. 104–106 substituted " 'sewage from vessels or a discharge incidental to the
normal operation of a vessel of the Armed Forces' " for " 'sewage from vessels' ".
1988—Par. (20). Pub. L. 100–688 added par. (20).
1987—Par. (3). Pub. L. 100–4, §502(a), inserted "the Commonwealth of the Northern Mariana Islands,"
after "Samoa,".
Par. (14). Pub. L. 100–4, §503, inserted "agricultural stormwater discharges and" after "does not include".
1977—Par. (14). Pub. L. 95–217 inserted provision that "point source" does not include return flows from
irrigated agriculture.
EXECUTIVE DOCUMENTS
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48,
Territories and Insular Possessions.
TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES
For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No.
7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.
EDITORIAL NOTES
REFERENCES IN TEXT
Travel expenses, including per diem in lieu of subsistence as authorized by law, referred to in subsec.
(a)(2)(B), probably means the allowances authorized by section 5703 of Title 5, Government Organization and
Employees.
STATUTORY NOTES AND RELATED SUBSIDIARIES
CONTINUATION OF TERM OF OFFICE
Pub. L. 87–88, §6(c), July 20, 1961, 75 Stat. 207, provided that members of the Water Pollution Control
Advisory Board holding office immediately preceding July 20, 1961 were to remain in office as members of
the Board as established by section 6(a) of Pub. L. 87–88 until the expiration of the terms of office for which
they were originally appointed.
TERMS OF OFFICE OF MEMBERS OF WATER POLLUTION CONTROL ADVISORY BOARD
Act July 9, 1956, ch. 518, §3, 70 Stat. 507, provided that the terms of office of members of the Water
Pollution Control Advisory Board, holding office on July 9, 1956, were to terminate at the close of business
on that date.
TERMINATION OF ADVISORY BOARDS
Advisory boards in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period
following Jan. 5, 1973, unless, in the case of a board established by the President or an officer of the Federal
Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in
the case of a board established by the Congress, its duration is otherwise provided for by law. See sections
3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government
Organization and Employees.
EDITORIAL NOTES
AMENDMENTS
1980—Subsec. (b). Pub. L. 96–510 struck out subsec. (b) which related to emergency assistance,
establishment of an emergency fund, and preparation of a contingency plan for such emergencies.
1977—Pub. L. 95–217 designated existing provisions as subsec. (a) and added subsec. (b).
The district courts shall have jurisdiction, without regard to the amount in controversy or the
citizenship of the parties, to enforce such an effluent standard or limitation, or such an order, or to
order the Administrator to perform such act or duty, as the case may be, and to apply any appropriate
civil penalties under section 1319(d) of this title.
(b) Notice
No action may be commenced—
(1) under subsection (a)(1) of this section—
(A) prior to sixty days after the plaintiff has given notice of the alleged violation (i) to the
Administrator, (ii) to the State in which the alleged violation occurs, and (iii) to any alleged
violator of the standard, limitation, or order, or
(B) if the Administrator or State has commenced and is diligently prosecuting a civil or
criminal action in a court of the United States, or a State to require compliance with the
standard, limitation, or order, but in any such action in a court of the United States any citizen
may intervene as a matter of right.
(2) under subsection (a)(2) of this section prior to sixty days after the plaintiff has given notice
of such action to the Administrator,
except that such action may be brought immediately after such notification in the case of an action
under this section respecting a violation of sections 1316 and 1317(a) of this title. Notice under this
subsection shall be given in such manner as the Administrator shall prescribe by regulation.
(c) Venue; intervention by Administrator; United States interests protected
(1) Any action respecting a violation by a discharge source of an effluent standard or limitation or
an order respecting such standard or limitation may be brought under this section only in the judicial
district in which such source is located.
(2) In such action under this section, the Administrator, if not a party, may intervene as a matter of
right.
(3) PROTECTION OF INTERESTS OF UNITED STATES.—Whenever any action is brought
under this section in a court of the United States, the plaintiff shall serve a copy of the complaint on
the Attorney General and the Administrator. No consent judgment shall be entered in an action in
which the United States is not a party prior to 45 days following the receipt of a copy of the proposed
consent judgment by the Attorney General and the Administrator.
(d) Litigation costs
The court, in issuing any final order in any action brought pursuant to this section, may award
costs of litigation (including reasonable attorney and expert witness fees) to any prevailing or
substantially prevailing party, whenever the court determines such award is appropriate. The court
may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond
or equivalent security in accordance with the Federal Rules of Civil Procedure.
(e) Statutory or common law rights not restricted
Nothing in this section shall restrict any right which any person (or class of persons) may have
under any statute or common law to seek enforcement of any effluent standard or limitation or to
seek any other relief (including relief against the Administrator or a State agency).
(f) Effluent standard or limitation
For purposes of this section, the term "effluent standard or limitation under this chapter" means (1)
effective July 1, 1973, an unlawful act under subsection (a) of section 1311 of this title; (2) an
effluent limitation or other limitation under section 1311 or 1312 of this title; (3) standard of
performance under section 1316 of this title; (4) prohibition, effluent standard or pretreatment
standards under section 1317 of this title; (5) a standard of performance or requirement under section
1322(p) of this title; (6) a certification under section 1341 of this title; (7) a permit or condition of a
permit issued under section 1342 of this title that is in effect under this chapter (including a
requirement applicable by reason of section 1323 of this title); or (8) a regulation under section
1345(d) of this title.
(g) "Citizen" defined
For the purposes of this section the term "citizen" means a person or persons having an interest
which is or may be adversely affected.
(h) Civil action by State Governors
A Governor of a State may commence a civil action under subsection (a), without regard to the
limitations of subsection (b) of this section, against the Administrator where there is alleged a failure
of the Administrator to enforce an effluent standard or limitation under this chapter the violation of
which is occurring in another State and is causing an adverse effect on the public health or welfare in
his State, or is causing a violation of any water quality requirement in his State.
(June 30, 1948, ch. 758, title V, §505, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 888;
amended Pub. L. 100–4, title III, §314(c), title IV, §406(d)(2), title V, §§504, 505(c), Feb. 4, 1987,
101 Stat. 49, 73, 75, 76; Pub. L. 115–282, title IX, §903(c)(3), Dec. 4, 2018, 132 Stat. 4356.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Federal Rules of Civil Procedure, referred to in subsec. (d), are set out in the Appendix to Title 28,
Judiciary and Judicial Procedure.
AMENDMENTS
2018—Subsec. (f). Pub. L. 115–282 substituted "(5) a standard of performance or requirement under
section 1322(p) of this title; (6) a certification under section 1341 of this title; (7) a permit or condition of a
permit issued under section 1342 of this title that is in effect under this chapter (including a requirement
applicable by reason of section 1323 of this title); or (8) a regulation under section 1345(d) of this title." for
"(5) certification under section 1341 of this title; (6) a permit or condition thereof issued under section 1342 of
this title, which is in effect under this chapter (including a requirement applicable by reason of section 1323 of
this title); or (7) a regulation under section 1345(d) of this title,."
1987—Subsec. (a). Pub. L. 100–4, §314(c), inserted "and section 1319(g)(6) of this title" after "subsection
(b) of this section" in introductory text.
Subsec. (c)(3). Pub. L. 100–4, §504, added par. (3).
Subsec. (d). Pub. L. 100–4, §505(c), inserted "prevailing or substantially prevailing" before "party".
Subsec. (f). Pub. L. 100–4, §406(d)(2), added cl. (7).
§1366. Appearance
The Administrator shall request the Attorney General to appear and represent the United States in
any civil or criminal action instituted under this chapter to which the Administrator is a party. Unless
the Attorney General notifies the Administrator within a reasonable time, that he will appear in a
civil action, attorneys who are officers or employees of the Environmental Protection Agency shall
appear and represent the United States in such action.
(June 30, 1948, ch. 758, title V, §506, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 889.)
§1367. Employee protection
(a) Discrimination against persons filing, instituting, or testifying in proceedings under this
chapter prohibited
No person shall fire, or in any other way discriminate against, or cause to be fired or discriminated
against, any employee or any authorized representative of employees by reason of the fact that such
employee or representative has filed, instituted, or caused to be filed or instituted any proceeding
under this chapter, or has testified or is about to testify in any proceeding resulting from the
administration or enforcement of the provisions of this chapter.
(b) Application for review; investigation; hearing; review
Any employee or a representative of employees who believes that he has been fired or otherwise
discriminated against by any person in violation of subsection (a) of this section may, within thirty
days after such alleged violation occurs, apply to the Secretary of Labor for a review of such firing or
alleged discrimination. A copy of the application shall be sent to such person who shall be the
respondent. Upon receipt of such application, the Secretary of Labor shall cause such investigation to
be made as he deems appropriate. Such investigation shall provide an opportunity for a public
hearing at the request of any party to such review to enable the parties to present information relating
to such alleged violation. The parties shall be given written notice of the time and place of the
hearing at least five days prior to the hearing. Any such hearing shall be of record and shall be
subject to section 554 of title 5. Upon receiving the report of such investigation, the Secretary of
Labor shall make findings of fact. If he finds that such violation did occur, he shall issue a decision,
incorporating an order therein and his findings, requiring the party committing such violation to take
such affirmative action to abate the violation as the Secretary of Labor deems appropriate, including,
but not limited to, the rehiring or reinstatement of the employee or representative of employees to his
former position with compensation. If he finds that there was no such violation, he shall issue an
order denying the application. Such order issued by the Secretary of Labor under this subparagraph
shall be subject to judicial review in the same manner as orders and decisions of the Administrator
are subject to judicial review under this chapter.
(c) Costs and expenses
Whenever an order is issued under this section to abate such violation, at the request of the
applicant, a sum equal to the aggregate amount of all costs and expenses (including the attorney's
fees), as determined by the Secretary of Labor, to have been reasonably incurred by the applicant for,
or in connection with, the institution and prosecution of such proceedings, shall be assessed against
the person committing such violation.
(d) Deliberate violations by employee acting without direction from his employer or his agent
This section shall have no application to any employee who, acting without direction from his
employer (or his agent) deliberately violates any prohibition of effluent limitation or other limitation
under section 1311 or 1312 of this title, standards of performance under section 1316 of this title,
effluent standard, prohibition or pretreatment standard under section 1317 of this title, or any other
prohibition or limitation established under this chapter.
(e) Investigations of employment reductions
The Administrator shall conduct continuing evaluations of potential loss or shifts of employment
which may result from the issuance of any effluent limitation or order under this chapter, including,
where appropriate, investigating threatened plant closures or reductions in employment allegedly
resulting from such limitation or order. Any employee who is discharged or laid-off, threatened with
discharge or lay-off, or otherwise discriminated against by any person because of the alleged results
of any effluent limitation or order issued under this chapter, or any representative of such employee,
may request the Administrator to conduct a full investigation of the matter. The Administrator shall
thereupon investigate the matter and, at the request of any party, shall hold public hearings on not
less than five days notice, and shall at such hearings require the parties, including the employer
involved, to present information relating to the actual or potential effect of such limitation or order
on employment and on any alleged discharge, lay-off, or other discrimination and the detailed
reasons or justification therefor. Any such hearing shall be of record and shall be subject to section
554 of title 5. Upon receiving the report of such investigation, the Administrator shall make findings
of fact as to the effect of such effluent limitation or order on employment and on the alleged
discharge, lay-off, or discrimination and shall make such recommendations as he deems appropriate.
Such report, findings, and recommendations shall be available to the public. Nothing in this
subsection shall be construed to require or authorize the Administrator to modify or withdraw any
effluent limitation or order issued under this chapter.
(June 30, 1948, ch. 758, title V, §507, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 890.)
EDITORIAL NOTES
CODIFICATION
Subsec. (c) of this section authorized the President to cause to be issued, not more than 180 days after
October 18, 1972, an order (1) requiring each Federal agency authorized to enter into contracts or to extend
Federal assistance by way of grant, loan, or contract, to effectuate the purpose and policy of this chapter, and
(2) setting forth procedures, sanctions and penalties as the President determines necessary to carry out such
requirement.
AMENDMENTS
2018—Subsec. (f)(1). Pub. L. 115–232, §836(g)(5)(A), substituted "commercial products or commercial
services" for "commercial items".
Subsec. (f)(2). Pub. L. 115–232, §836(g)(5)(B), substituted "the terms 'commercial product' and
'commercial service' have the meanings given those terms in sections 103 and 103a, respectively, of title 41."
for "the term 'commercial item' has the meaning given such term in section 103 of title 41."
1994—Subsec. (f). Pub. L. 103–355 added subsec. (f).
EXECUTIVE DOCUMENTS
ADMINISTRATION OF CHAPTER WITH RESPECT TO FEDERAL CONTRACTS, GRANTS, OR
LOANS
For provisions concerning the administration of this chapter with respect to Federal contracts, grants, or
loans, see Ex. Ord. No. 11738, Sept. 10, 1973, 38 F.R. 25161, set out as a note under section 7606 of Title 42,
The Public Health and Welfare.
EDITORIAL NOTES
REFERENCES IN TEXT
Act of March 3, 1899, referred to in subsec. (a), is act Mar. 3, 1899, ch. 425, 30 Stat. 1121, as amended,
which enacted sections 401, 403, 404, 406, 407, 408, 409, 411 to 416, 418, 502, 549, and 687 of this title and
amended section 686 of this title. For complete classification of this Act to the Code, see Tables.
The Rivers and Harbors Act of 1910, referred to in subsec. (b), probably means act June 23, 1910, ch. 359,
36 Stat. 593.
The Supervisory Harbors Act of 1888, referred to in subsec. (b), probably means act June 29, 1888, ch. 496,
25 Stat. 209, as amended, which is classified generally to subchapter III (§441 et seq.) of chapter 9 of this title.
For complete classification of this Act to the Code, see Tables.
The National Environmental Policy Act of 1969, referred to in subsec. (c), is Pub. L. 91–190, Jan. 1, 1970,
83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under
section 4321 of Title 42 and Tables.
AMENDMENTS
1974—Subsec. (d). Pub. L. 93–243 added subsec. (d).
EDITORIAL NOTES
AMENDMENTS
2002—Subsecs. (a) to (e). Pub. L. 107–303 repealed Pub. L. 105–362, §501(d)(1). See 1998 Amendment
notes below.
1998—Subsec. (a). Pub. L. 105–362, §501(d)(1)(A), which directed the striking out of subsec. (a), was
repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below.
Subsec. (b). Pub. L. 105–362, §501(d), which directed the striking out of par. (1) designation, redesignation
of subpars. (A) to (D) as pars. (1) to (4), respectively, and striking out of par. (2), was repealed by Pub. L.
107–303. See Effective Date of 2002 Amendment note below.
Subsecs. (c) to (e). Pub. L. 105–362, §501(d)(1)(A), which directed the striking out of subsecs. (c) to (e),
was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below.
1995—Subsecs. (d), (e), (g). Pub. L. 104–66 redesignated subsecs. (e) and (g) as (d) and (e), respectively,
and struck out former subsec. (d) which related to status reports on the use of municipal secondary effluent
and sludge for agricultural and other purposes that utilize the nutrient value of treated wastewater effluent.
1987—Subsec. (g). Pub. L. 100–4 added subsec. (g).
1977—Subsecs. (c) to (e). Pub. L. 95–217 added subsecs. (c) to (e).
1974—Subsec. (b). Pub. L. 93–243 designated existing paragraph as par. (1) and cls. (1) to (4) as (A) to
(D), and added par. (2).
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in subsec. (a)(2), is Pub. L. 106–284, Oct. 10, 2000, 114 Stat. 870, known as the
Beaches Environmental Assessment and Coastal Health Act of 2000. For complete classification of this Act to
the Code, see Short Title of 2000 Amendment note set out under section 1251 of this title and Tables.
The Federal Water Pollution Control Act, referred to in subsec. (b), is act June 30, 1948, ch. 758, as
amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to this
chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of
this title and Tables.
CODIFICATION
Section was enacted as part of the Beaches Environmental Assessment and Coastal Health Act of 2000, and
not as part of the Federal Water Pollution Control Act which comprises this chapter.
EDITORIAL NOTES
REFERENCES IN TEXT
Section 1264 of this title, referred to in text, was omitted from the Code.
Section 1321(k) of this title, referred to in text, was repealed by Pub. L. 101–380, title II, §2002(b)(2), Aug.
18, 1990, 104 Stat. 507.
AMENDMENTS
1987—Pub. L. 100–4 struck out "and" after "1981," and inserted ", such sums as may be necessary for
fiscal years 1983 through 1985, and $135,000,000 per fiscal year for each of the fiscal years 1986 through
1990" after "1982".
1980—Pub. L. 96–483 inserted authorization of $150,000,000 for fiscal year ending Sept. 30, 1981 and
$161,000,000 for fiscal year ending Sept. 30, 1982.
1977—Pub. L. 95–217 substituted "$350,000,000 for the fiscal year ending June 30, 1975, $100,000,000
for the fiscal year ending September 30, 1977, $150,000,000 for the fiscal year ending September 30, 1978,
$150,000,000 for the fiscal year ending September 30, 1979, and $150,000,000 for the fiscal year ending
September 30, 1980" for "and $350,000,000 for the fiscal year ending June 30, 1975".
EDITORIAL NOTES
REFERENCES IN TEXT
Act of June 18, 1934 (48 Stat. 987), referred to in subsec. (g)(1), is act June 18, 1934, ch. 576, 48 Stat. 984,
popularly known as the Indian Reorganization Act, which is classified generally to chapter 45 (§5101 et seq.)
of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under
section 5101 of Title 25 and Tables.
PRIOR PROVISIONS
A prior section 518 of act June 30, 1948, was renumbered section 519 and is set out as a note under section
1251 of this title.
AMENDMENTS
2014—Subsec. (c). Pub. L. 113–121, §5013(1), (3), designated existing provisions as par. (1), inserted
heading, and added pars. (2) and (3).
Subsec. (c)(1). Pub. L. 113–121, §5013(2), substituted "each of fiscal years 1987 through 2014," for "each
fiscal year beginning after September 30, 1986," and struck out at end "Sums reserved under this subsection
shall be available only for grants for the development of waste treatment management plans and for the
construction of sewage treatment works to serve Indian tribes, as defined in subsection (h) and former Indian
reservations in Oklahoma (as determined by the Secretary of the Interior) and Alaska Native Villages as
defined in Public Law 92–203."
2000—Subsec. (e). Pub. L. 106–284 substituted "1344, and 1346 of this title" for "and 1344 of this title" in
introductory provisions.
1988—Subsec. (c). Pub. L. 100–581 inserted ", as defined in subsection (h) and former Indian reservations
in Oklahoma (as determined by the Secretary of the Interior) and Alaska Native Villages as defined in Public
Law 92–203" before period at end.
EDITORIAL NOTES
PRIOR PROVISIONS
A prior section 519 of act June 30, 1948, was renumbered section 520 and is set out as a note under section
1251 of this title.
EDITORIAL NOTES
AMENDMENTS
2014—Subsec. (a). Pub. L. 113–121 substituted "to accomplish the objectives, goals, and policies of this
chapter by providing assistance for projects and activities identified in section 1383(c) of this title." for "for
providing assistance (1) for construction of treatment works (as defined in section 1292 of this title) which are
publicly owned, (2) for implementing a management program under section 1329 of this title, and (3) for
developing and implementing a conservation and management plan under section 1330 of this title."
(14) a contract to be carried out using funds directly made available by a capitalization grant
under this subchapter for program management, construction management, feasibility studies,
preliminary engineering, design, engineering, surveying, mapping, or architectural related services
shall be negotiated in the same manner as a contract for architectural and engineering services is
negotiated under chapter 11 of title 40 or an equivalent State qualifications-based requirement (as
determined by the Governor of the State).
(June 30, 1948, ch. 758, title VI, §602, as added Pub. L. 100–4, title II, §212(a), Feb. 4, 1987, 101
Stat. 22; amended Pub. L. 113–121, title V, §5002, June 10, 2014, 128 Stat. 1322.)
EDITORIAL NOTES
AMENDMENTS
2014—Subsec. (b)(6). Pub. L. 113–121, §5002(1), substituted "eligible under this chapter" for "eligible
under section 1383(c)(1) of this title", "with assistance made available by a State water pollution control
revolving fund authorized under this subchapter, or section 1285(m) of this title, or both," for "before fiscal
year 1995 with funds directly made available by capitalization grants under this subchapter and section
1285(m) of this title", and "sections 1371(c)(1)" for "sections 1281(b), 1281(g)(1), 1281(g)(2), 1281(g)(3),
1281(g)(5), 1281(g)(6), 1281(n)(1), 1281(o), 1284(a)(1), 1284(a)(2), 1284(b)(1), 1284(d)(2), 1291, 1298,
1371(c)(1),".
Subsec. (b)(9). Pub. L. 113–121, §5002(2), substituted "standards, including standards relating to the
reporting of infrastructure assets;" for "standards; and".
Subsec. (b)(11) to (14). Pub. L. 113–121, §5002(3), (4), added pars. (11) to (14).
(12) to any qualified nonprofit entity, as determined by the Administrator, to provide assistance
to an eligible individual (as defined in subsection (j))—
(A) for the repair or replacement of existing individual household decentralized wastewater
treatment systems; or
(B) in a case in which an eligible individual resides in a household that could be
cost-effectively connected to an available publicly owned treatment works, for the connection
of the applicable household to such treatment works.
(d) Types of assistance
Except as otherwise limited by State law and provided in subsection (k), a water pollution control
revolving fund of a State under this section may be used only—
(1) to make loans, on the condition that—
(A) such loans are made at or below market interest rates, including interest free loans, at
terms not to exceed the lesser of 30 years and the projected useful life (as determined by the
State) of the project to be financed with the proceeds of the loan;
(B) annual principal and interest payments will commence not later than 1 year after
completion of any project and all loans will be fully amortized upon the expiration of the term
of the loan;
(C) the recipient of a loan will establish a dedicated source of revenue for repayment of
loans;
(D) the fund will be credited with all payments of principal and interest on all loans; and
(E) for a treatment works proposed for repair, replacement, or expansion, and eligible for
assistance under subsection (c)(1), the recipient of a loan shall—
(i) develop and implement a fiscal sustainability plan that includes—
(I) an inventory of critical assets that are a part of the treatment works;
(II) an evaluation of the condition and performance of inventoried assets or asset
groupings;
(III) a certification that the recipient has evaluated and will be implementing water and
energy conservation efforts as part of the plan; and
(IV) a plan for maintaining, repairing, and, as necessary, replacing the treatment works
and a plan for funding such activities; or
(ii) certify that the recipient has developed and implemented a plan that meets the
requirements under clause (i);
(2) to buy or refinance the debt obligation of municipalities and intermunicipal and interstate
agencies within the State at or below market rates, where such debt obligations were incurred after
March 7, 1985;
(3) to guarantee, or purchase insurance for, local obligations where such action would improve
credit market access or reduce interest rates;
(4) as a source of revenue or security for the payment of principal and interest on revenue or
general obligation bonds issued by the State if the proceeds of the sale of such bonds will be
deposited in the fund;
(5) to provide loan guarantees for similar revolving funds established by municipalities or
intermunicipal agencies;
(6) to earn interest on fund accounts; and
(7) for the reasonable costs of administering the fund and conducting activities under this
subchapter, except that such amounts shall not exceed 4 percent of all grant awards to such fund
under this subchapter, $400,000 per year, or 1/5 percent per year of the current valuation of the
fund, whichever amount is greatest, plus the amount of any fees collected by the State for such
purpose regardless of the source.
(e) Limitation to prevent double benefits
If a State makes, from its water pollution revolving fund, a loan which will finance the cost of
facility planning and the preparation of plans, specifications, and estimates for construction of
publicly owned treatment works, the State shall ensure that if the recipient of such loan receives a
grant under section 1281(g) of this title for construction of such treatment works and an allowance
under section 1281(l)(1) of this title for non-Federal funds expended for such planning and
preparation, such recipient will promptly repay such loan to the extent of such allowance.
(f) Consistency with planning requirements
A State may provide financial assistance from its water pollution control revolving fund only with
respect to a project which is consistent with plans, if any, developed under sections 1285(j), 1288,
1313(e), 1329, and 1330 of this title.
(g) Priority list requirement
The State may provide financial assistance from its water pollution control revolving fund only
with respect to a project for construction of a treatment works described in subsection (c)(1) if such
project is on the State's priority list under section 1296 of this title. Such assistance may be provided
regardless of the rank of such project on such list.
(h) Eligibility of non-Federal share of construction grant projects
A State water pollution control revolving fund may provide assistance (other than under
subsection (d)(1) of this section) to a municipality or intermunicipal or interstate agency with respect
to the non-Federal share of the costs of a treatment works project for which such municipality or
agency is receiving assistance from the Administrator under any other authority only if such
assistance is necessary to allow such project to proceed.
(i) Additional subsidization
(1) In general
In any case in which a State provides assistance to an eligible recipient under subsection (d), the
State may provide additional subsidization (including forgiveness of principal, grants, negative
interest loans, other loan forgiveness, and through buying, refinancing, or restructuring debt)—
(A) in assistance to a municipality or intermunicipal, interstate, or State agency to benefit a
municipality that—
(i) meets the affordability criteria of the State established under paragraph (2); or
(ii) does not meet the affordability criteria of the State if the recipient—
(I) seeks additional subsidization to benefit individual ratepayers in the residential user
rate class;
(II) demonstrates to the State that such ratepayers will experience a significant hardship
from the increase in rates necessary to finance the project or activity for which assistance is
sought; and
(III) ensures, as part of an assistance agreement between the State and the recipient, that
the additional subsidization provided under this paragraph is directed through a user charge
rate system (or other appropriate method) to such ratepayers; or
EDITORIAL NOTES
AMENDMENTS
2021—Subsec. (d). Pub. L. 117–58, §50210(a)(1)(A), inserted "and provided in subsection (k)" after "State
law" in introductory provisions.
Subsec. (i)(1). Pub. L. 117–58, §50210(a)(1)(B)(i), substituted "(including forgiveness of principal, grants,
negative interest loans, other loan forgiveness, and through buying, refinancing, or restructuring debt)" for
", including forgiveness of principal and negative interest loans" in introductory provisions.
Subsec. (i)(3)(B). Pub. L. 117–58, §50210(a)(1)(B)(ii), added subpar. (B) and struck out former subpar. (B)
which made an additional limitation on additional subsidization under subsec. (i).
Subsec. (k). Pub. L. 117–58, §50210(a)(1)(C), added subsec. (k).
2018—Subsec. (c)(12). Pub. L. 115–270, §4107(a)(1), added par. (12).
Subsec. (j). Pub. L. 115–270, §4107(a)(2), added subsec. (j).
2016—Subsec. (i)(1). Pub. L. 114–322, §5012(1), substituted "to an eligible recipient" for "to a
municipality or intermunicipal, interstate, or State agency" in introductory provisions.
Subsec. (i)(1)(A). Pub. L. 114–322, §5012(2), inserted "in assistance to a municipality or intermunicipal,
interstate, or State agency" before "to benefit" in introductory provisions.
2014—Subsec. (c). Pub. L. 113–121, §5003(1), added subsec. (c) and struck out former subsec. (c). Prior to
amendment, text read as follows: "The amounts of funds available to each State water pollution control
revolving fund shall be used only for providing financial assistance (1) to any municipality, intermunicipal,
interstate, or State agency for construction of publicly owned treatment works (as defined in section 1292 of
this title), (2) for the implementation of a management program established under section 1329 of this title,
and (3) for development and implementation of a conservation and management plan under section 1330 of
this title. The fund shall be established, maintained, and credited with repayments, and the fund balance shall
be available in perpetuity for providing such financial assistance."
Subsec. (d)(1)(A). Pub. L. 113–121, §5003(2)(A)(i), substituted "the lesser of 30 years and the projected
useful life (as determined by the State) of the project to be financed with the proceeds of the loan" for "20
years".
Subsec. (d)(1)(B). Pub. L. 113–121, §5003(2)(A)(ii), substituted "upon the expiration of the term of the
loan" for "not later than 20 years after project completion".
Subsec. (d)(1)(E). Pub. L. 113–121, §5003(2)(A)(iii)–(v), added subpar. (E).
Subsec. (d)(7). Pub. L. 113–121, §5003(2)(B), inserted ", $400,000 per year, or 1/5 percent per year of the
current valuation of the fund, whichever amount is greatest, plus the amount of any fees collected by the State
for such purpose regardless of the source" before period at end.
Subsec. (i). Pub. L. 113–121, §5003(3), added subsec. (i).
EDITORIAL NOTES
AMENDMENTS
2021—Pub. L. 117–58 amended section generally. Prior to amendment, section related to appropriations for
fiscal years 1989 to 1994.
§1388. Requirements
(a) In general
Funds made available from a State water pollution control revolving fund established under this
subchapter may not be used for a project for the construction, alteration, maintenance, or repair of
treatment works unless all of the iron and steel products used in the project are produced in the
United States.
(b) Definition of iron and steel products
In this section, the term "iron and steel products" means the following products made primarily of
iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast
concrete, construction materials.
(c) Application
Subsection (a) shall not apply in any case or category of cases in which the Administrator finds
that—
(1) applying subsection (a) would be inconsistent with the public interest;
(2) iron and steel products are not produced in the United States in sufficient and reasonably
available quantities and of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the United States will increase the cost of
the overall project by more than 25 percent.
(d) Waiver
If the Administrator receives a request for a waiver under this section, the Administrator shall
make available to the public, on an informal basis, a copy of the request and information available to
the Administrator concerning the request, and shall allow for informal public input on the request for
at least 15 days prior to making a finding based on the request. The Administrator shall make the
request and accompanying information available by electronic means, including on the official
public Internet site of the Environmental Protection Agency.
(e) International agreements
This section shall be applied in a manner consistent with United States obligations under
international agreements.
(f) Management and oversight
The Administrator may retain up to 0.25 percent of the funds appropriated for this subchapter for
management and oversight of the requirements of this section.
(g) Effective date
This section does not apply with respect to a project if a State agency approves the engineering
plans and specifications for the project, in that agency's capacity to approve such plans and
specifications prior to a project requesting bids, prior to June 10, 2014.
(June 30, 1948, ch. 758, title VI, §608, as added Pub. L. 113–121, title V, §5004, June 10, 2014, 128
Stat. 1326.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in subsec. (c), means Pub. L. 92–532, which is classified generally to this chapter,
chapter 41 (§2801 et seq.) of this title, and chapters 32 (§1431 et seq.) and 32A (§1447 et seq.) of Title 16,
Conservation.
AMENDMENTS
1974—Subsec. (b). Pub. L. 93–254 struck out statement of the purpose of this Act as being the regulation of
transportation of material from the United States for dumping into ocean waters, and the dumping of material,
transported from outside the United States, if the dumping occurs in ocean waters over which the United
States has jurisdiction or over which it may exercise control, under accepted principles of international law, in
order to protect its territory or territorial sea, now covered by subsec. (c) of this section.
Subsec. (c). Pub. L. 93–254 added subsec. (c).
EXECUTIVE DOCUMENTS
TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES
For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No.
7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.
ENVIRONMENTAL EFFECTS ABROAD OF MAJOR FEDERAL ACTIONS
For provisions relating to environmental effects abroad of major federal actions, see Ex. Ord. No. 12114,
Jan. 4, 1979, 44 F.R. 1957, set out as a note under section 4321 of Title 42, The Public Health and Welfare.
FEDERAL COMPLIANCE WITH POLLUTION CONTROL 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.
§1402. Definitions
For the purposes of this Act the term—
(a) "Administrator" means the Administrator of the Environmental Protection Agency.
(b) "Ocean waters" means those waters of the open seas lying seaward of the base line from which
the territorial sea is measured, as provided for in the Convention on the Territorial Sea and the
Contiguous Zone (15 UST 1606; TIAS 5639).
(c) "Material" means matter of any kind or description, including, but not limited to, dredged
material, solid waste, incinerator residue, garbage, sewage, sewage sludge, munitions, radiological,
chemical, and biological warfare agents, radioactive materials, chemicals, biological and laboratory
waste, wreck or discarded equipment, rock, sand, excavation debris, and industrial, municipal,
agricultural, and other waste; but such term does not mean sewage from vessels within the meaning
of section 1322 of this title. Oil within the meaning of section 1321 of this title shall be included only
to the extent that such oil is taken on board a vessel or aircraft for the purpose of dumping.
(d) "United States" includes the several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Canal Zone, the territories and possessions of the United States, and the Trust
Territory of the Pacific Islands.
(e) "Person" means any private person or entity, or any officer, employee, agent, department,
agency, or instrumentality of the Federal Government, of any State or local unit of government, or of
any foreign government.
(f) "Dumping" means a disposition of material: Provided, That it does not mean a disposition of
any effluent from any outfall structure to the extent that such disposition is regulated under the
provisions of the Federal Water Pollution Control Act, as amended [33 U.S.C. 1251 et seq.], under
the provisions of section 407 of this title, or under the provisions of the Atomic Energy Act of 1954,
as amended [42 U.S.C. 2011 et seq.], nor does it mean a routine discharge of effluent incidental to
the propulsion of, or operation of motor-driven equipment on, vessels: Provided, further, That it does
not mean the construction of any fixed structure or artificial island nor the intentional placement of
any device in ocean waters or on or in the submerged land beneath such waters, for a purpose other
than disposal, when such construction or such placement is otherwise regulated by Federal or State
law or occurs pursuant to an authorized Federal or State program: And provided further, That it does
not include the deposit of oyster shells, or other materials when such deposit is made for the purpose
of developing, maintaining, or harvesting fisheries resources and is otherwise regulated by Federal or
State law or occurs pursuant to an authorized Federal or State program.
(g) "District court of the United States" includes the District Court of Guam, the District Court of
the Virgin Islands, the District Court of Puerto Rico, the District Court of the Canal Zone, and in the
case of American Samoa and the Trust Territory of the Pacific Islands, the District Court of the
United States for the District of Hawaii, which court shall have jurisdiction over actions arising
therein.
(h) "Secretary" means the Secretary of the Army.
(i) "Dredged material" means any material excavated or dredged from the navigable waters of the
United States.
(j) "High-level radioactive waste" means the aqueous waste resulting from the operation of the
first cycle solvent extraction system, or equivalent and the concentrated waste from subsequent
extraction cycles, or equivalent, in a facility for reprocessing irradiated reactor fuels, or irradiated
fuel from nuclear power reactors.
(k) "Medical waste" means isolation wastes; infectious agents; human blood and blood products;
pathological wastes; sharps; body parts; contaminated bedding; surgical wastes and potentially
contaminated laboratory wastes; dialysis wastes; and such additional medical items as the
Administrator shall prescribe by regulation.
(l) "Transport" or "transportation" refers to the carriage and related handling of any material by a
vessel, or by any other vehicle, including aircraft.
(m) "Convention" means the Convention on the Prevention of Marine Pollution by Dumping of
Wastes and Other Matter.
(Pub. L. 92–532, §3, Oct. 23, 1972, 86 Stat. 1052; Pub. L. 93–254, §1(2), Mar. 22, 1974, 88 Stat. 50;
Pub. L. 100–688, title III, §3201(a), Nov. 18, 1988, 102 Stat. 4153.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 92–532, which is classified generally to this chapter, chapter 41
(§2801 et seq.) of this title, and chapters 32 (§1431 et seq.) and 32A (§1447 et seq.) of Title 16, Conservation.
For definition of Canal Zone, referred to in subsec. (d), see section 3602(b) of Title 22, Foreign Relations
and Intercourse.
The Federal Water Pollution Control Act, as amended, referred to in subsec. (f), is act June 30, 1948, ch.
758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to
chapter 26 (§1251 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 1251 of this title and Tables.
The Atomic Energy Act of 1954, as amended, referred to in subsec. (f), is act Aug. 1, 1946, ch. 724, as
added by act Aug. 30, 1954, ch. 1073, §1, 68 Stat. 919, which is classified principally to chapter 23 (§2011 et
seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short
Title note set out under section 2011 of Title 42 and Tables.
AMENDMENTS
1988—Subsecs. (k) to (m). Pub. L. 100–688 added subsec. (k) and redesignated former subsecs. (k) and (l)
as (l) and (m), respectively.
1974—Subsec. (c). Pub. L. 93–254, §1(2)(A), substituted "sewage from vessels within the meaning of
section 1322 of this title. Oil within the meaning of section 1321 of this title shall be included only to the
extent that such oil is taken on board a vessel or aircraft for the purpose of dumping." for "oil within the
meaning of section 11 of the Federal Water Pollution Control Act and does not mean sewage from vessels
within the meaning of section 13 of such Act."
Subsec. (l). Pub. L. 93–254, §1(2)(C), added subsec. (l).
EXECUTIVE DOCUMENTS
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48,
Territories and Insular Possessions.
TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES
For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No.
7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.
SUBCHAPTER I—REGULATION
EDITORIAL NOTES
AMENDMENTS
1974—Subsec. (a). Pub. L. 93–254 incorporated existing provisions in introductory text, substituting
reference to permits issued under section 1412 or section 1413 of this title for prior reference to such issuance
under this subchapter; incorporated existing provisions in item designated (1); added item (2); and substituted
prohibition against transportation of any material for ocean dumping for former prohibition against such
dumping of any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or any
other material.
Subsec. (b). Pub. L. 93–254 substituted reference to permits issued under section 1412 of this title for
former reference to such issuance under this subchapter, made any ocean dumping subject to regulations
issued under section 1418 of this title, and substituted prohibition against dumping of any material for former
prohibition against dumping of any radiological, chemical, or biological warfare agent or any high-level
radioactive waste, or any other material.
Subsec. (c). Pub. L. 93–254 struck out subsec. (c) which prohibited any officer, employee, agent,
department, agency, or instrumentality of the United States from transporting from any location outside the
United States any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or,
except as may be authorized in a permit, any other material for purpose of dumping in ocean waters. See
subsec. (b) of this section.
EXECUTIVE DOCUMENTS
TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES
For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No.
7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.
In establishing or revising such criteria, the Administrator shall consult with Federal, State, and
local officials, and interested members of the general public, as may appear appropriate to the
Administrator. With respect to such criteria as may affect the civil works program of the Department
of the Army, the Administrator shall also consult with the Secretary. In reviewing applications for
permits, the Administrator shall make such provision for consultation with interested Federal and
State agencies as he deems useful or necessary. No permit shall be issued for a dumping of material
which will violate applicable water quality standards. To the extent that he may do so without
relaxing the requirements of this subchapter, the Administrator, in establishing or revising such
criteria, shall apply the standards and criteria binding upon the United States under the Convention,
including its Annexes.
(b) Permit categories
The Administrator may establish and issue various categories of permits, including the general
permits described in section 1414(c) of this title.
(c) Designation of sites
(1) In general
The Administrator shall, in a manner consistent with the criteria established pursuant to
subsection (a), designate sites or time periods for dumping. The Administrator shall designate sites
or time periods for dumping that will mitigate adverse impact on the environment to the greatest
extent practicable.
(2) Prohibitions regarding site or time period
In any case where the Administrator determines that, with respect to certain materials, it is
necessary to prohibit dumping at a site or during a time period, the Administrator shall prohibit the
dumping of such materials in such site or during such time period. This prohibition shall apply to
any dumping at the site or during such time period. This prohibition shall apply to any dumping at
the site or during the time period, including any dumping under section 1413(e) of this title.
(3) Dredged material disposal sites
In the case of dredged material disposal sites, the Administrator, in conjunction with the
Secretary, shall develop a site management plan for each site designated pursuant to this section.
In developing such plans, the Administrator and the Secretary shall provide opportunity for public
comment. Such plans shall include, but not be limited to—
(A) a baseline assessment of conditions at the site;
(B) a program for monitoring the site;
(C) special management conditions or practices to be implemented at each site that are
necessary for protection of the environment;
(D) consideration of the quantity of the material to be disposed of at the site, and the
presence, nature, and bioavailability of the contaminants in the material;
(E) consideration of the anticipated use of the site over the long term, including the
anticipated closure date for the site, if applicable, and any need for management of the site after
the closure of the site; and
(F) a schedule for review and revision of the plan (which shall not be reviewed and revised
less frequently than 10 years after adoption of the plan, and every 10 years thereafter).
(4) General site management plan requirement; prohibitions
After January 1, 1995, no site shall receive a final designation unless a management plan has
been developed pursuant to this section. Beginning on January 1, 1997, no permit for dumping
pursuant to this Act or authorization for dumping under section 1413(e) of this title shall be issued
for a site (other than the site located off the coast of Newport Beach, California, which is known
as "LA–3") unless such site has received a final designation pursuant to this subsection or an
alternative site has been selected pursuant to section 1413(b) of this title. Beginning January 1,
2011, no permit for dumping pursuant to this Act or authorization for dumping under section
1413(e) of this title shall be issued for the site located off the coast of Newport Beach, California,
which is known as "LA–3", unless such site has received a final designation pursuant to this
subsection or an alternative site has been selected pursuant to section 1413(b) of this title.
(5) Management plans for previously designated sites
The Administrator shall develop a site management plan for any site designated prior to January
1, 1995, as expeditiously as practicable, but not later than January 1, 1997, giving priority
consideration to management plans for designated sites that are considered to have the greatest
impact on the environment.
(d) Fish wastes
No permit is required under this subchapter for the transportation for dumping or the dumping of
fish wastes, except when deposited in harbors or other protected or enclosed coastal waters, or where
the Administrator finds that such deposits could endanger health, the environment, or ecological
systems in a specific location. Where the Administrator makes such a finding, such material may be
deposited only as authorized by a permit issued by the Administrator under this section.
(e) Foreign State permits; acceptance
In the case of transportation of material, by an agency or instrumentality of the United States or by
a vessel or aircraft registered in the United States or flying the United States flag, from a location in
a foreign State Party to the Convention, a permit issued pursuant to the authority of that foreign State
Party, in accordance with Convention requirements, and which otherwise could have been issued
pursuant to subsection (a) of this section, shall be accepted, for the purposes of this subchapter, as if
it were issued by the Administrator under the authority of this section: Provided, That in the case of
an agency or instrumentality of the United States, no application shall be made for a permit to be
issued pursuant to the authority of a foreign State Party to the Convention unless the Administrator
concurs in the filing of such application.
(Pub. L. 92–532, title I, §102, Oct. 23, 1972, 86 Stat. 1054; Pub. L. 93–254, §1(4), Mar. 22, 1974, 88
Stat. 51; Pub. L. 96–572, §3, Dec. 22, 1980, 94 Stat. 3345; Pub. L. 100–688, title III, §3201(b), Nov.
18, 1988, 102 Stat. 4153; Pub. L. 102–580, title V, §506(a), Oct. 31, 1992, 106 Stat. 4868; Pub. L.
104–303, title V, §582, Oct. 12, 1996, 110 Stat. 3791; Pub. L. 106–53, title V, §562, Aug. 17, 1999,
113 Stat. 355; Pub. L. 110–114, title V, §5046, Nov. 8, 2007, 121 Stat. 1209.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in subsec. (c)(4), means Pub. L. 92–532, which is classified generally to this chapter,
chapter 41 (§2801 et seq.) of this title, and chapters 32 (§1431 et seq.) and 32A (§1447 et seq.) of Title 16,
Conservation.
AMENDMENTS
2007—Subsec. (c)(4). Pub. L. 110–114 substituted "January 1, 2011" for "January 1, 2003" in third
sentence.
1999—Subsec. (c)(4). Pub. L. 106–53 substituted "January 1, 2003" for "January 1, 2000" in third sentence.
1996—Subsec. (c)(4). Pub. L. 104–303 inserted "(other than the site located off the coast of Newport
Beach, California, which is known as 'LA–3')" after "for a site" and inserted at end "Beginning January 1,
2000, no permit for dumping pursuant to this Act or authorization for dumping under section 1413(e) of this
title shall be issued for the site located off the coast of Newport Beach, California, which is known as 'LA–3',
unless such site has received a final designation pursuant to this subsection or an alternative site has been
selected pursuant to section 1413(b) of this title."
1992—Subsec. (c). Pub. L. 102–580 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as
follows: "The Administrator may, considering the criteria established pursuant to subsection (a) of this
section, designate recommended sites or times for dumping and, when he finds it necessary to protect critical
areas, shall, after consultation with the Secretary, also designate sites or times within which certain materials
may not be dumped."
1988—Subsec. (a). Pub. L. 100–688 substituted "agents, high-level" for "agents and high-level" and
inserted "and medical waste," after "radioactive waste,".
1980—Subsec. (e). Pub. L. 96–572 inserted applicability to United States agency or instrumentality, and
proviso respecting such agency or instrumentality.
1974—Subsec. (a). Pub. L. 93–254, §1(4)(A), substituted "for which no permit may be issued," for "as
provided for in section 1411 of this title,", inserted "or in the case of a vessel or aircraft registered in the
United States or flying the United States flag," after "instrumentality of the United States,", and required the
Administrator to apply the standards and criteria binding upon the United States under the Convention,
including its Annexes.
Subsec. (e). Pub. L. 93–254, §1(4)(B), added subsec. (e).
EDITORIAL NOTES
REFERENCES IN TEXT
The Marine Protection, Research, and Sanctuaries Act of 1972, referred to in subsec. (a), is Pub. L. 92–532,
Oct. 23, 1972, 86 Stat. 1052, as amended. Title I of the Act is classified generally to this subchapter. For
complete classification of this Act to the Code, see Short Title note set out under section 1401 of this title and
Tables.
Such section 101(b), referred to in subsec. (b), means section 101(b) of the Marine Protection, Research,
and Sanctuaries Act of 1972.
CODIFICATION
Section was not enacted as part of the Marine Protection, Research, and Sanctuaries Act of 1972 which
comprises this chapter.
AMENDMENTS
1988—Subsec. (a). Pub. L. 100–688, §1003(a)(1), (3)–(5), redesignated subsec. (c) as (a), substituted
"Notwithstanding section 104B of the Marine Protection, Research, and Sanctuaries Act of 1972 after" for
"After", and "title I of such Act" for "such title I". Former subsec. (a), which related to cessation of dumping,
with exceptions, was struck out.
Subsec. (b). Pub. L. 100–688, §1003(a)(2), (7), added subsec. (b). Former subsec. (b), which related to
issuance of permits for dumping of industrial waste, was struck out.
Subsec. (c). Pub. L. 100–688, §1003(a)(3), redesignated subsec. (c) as (a).
Subsec. (d). Pub. L. 100–688, §1003(a)(6), struck out subsec. (d) which related to definitions.
1980—Subsec. (a). Pub. L. 96–572, §2(1), inserted applicability to industrial waste, exceptions respecting
subsecs. (b) and (c) of this section, and conforming changes in phraseology.
Subsec. (b). Pub. L. 96–572, §2(2), added subsec. (b). Former subsec. (b), defining "sewage sludge", was
struck out.
Subsecs. (c), (d). Pub. L. 96–572, §2(2), added subsecs. (c) and (d).
EDITORIAL NOTES
AMENDMENTS
1992—Subsec. (b). Pub. L. 102–580, §506(b), inserted "maximum" before "extent feasible" and inserted
three sentences at end.
Subsec. (c). Pub. L. 102–580, §504(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read
as follows: "Prior to issuing any permit under this section, the Secretary shall first notify the Administrator of
his intention to do so. In any case in which the Administrator disagrees with the determination of the Secretary
as to compliance with the criteria established pursuant to section 1412(a) of this title relating to the effects of
the dumping or with the restrictions established pursuant to section 1412(c) of this title relating to critical
areas, the determination of the Administrator shall prevail. Unless the Administrator grants a waiver pursuant
to subsection (d), the Secretary shall not issue a permit which does not comply with such criteria and with
such restrictions."
Subsec. (e). Pub. L. 102–580, §504(b), inserted before period at end "and section 1414(a) and (d) of this
title".
(2) that the scale of the proposed dumping is limited to the smallest amount of such material and
the shortest duration of time that is necessary to fulfill the purposes of the research, such that the
dumping will have minimal adverse impact upon human health, welfare, and amenities, and the
marine environment, ecological systems, economic potentialities, and other legitimate uses;
(3) after consultation with the Secretary of Commerce, that the potential benefits of such
research will outweigh any such adverse impact; and
(4) that the proposed dumping will be preceded by appropriate baseline monitoring studies of
the proposed dump site and its surrounding environment.
Each permit issued pursuant to this subsection shall be subject to such conditions and restrictions
as the Administrator determines to be necessary to minimize possible adverse impacts of such
dumping.
(i) Radioactive Material Disposal Impact Assessment; Congressional approval
(1) Two years after January 6, 1983, the Administrator may not issue a permit under this
subchapter for the disposal of radioactive waste material until the applicant, in addition to complying
with all other requirements of this subchapter, prepares, with respect to the site at which the disposal
is proposed, a Radioactive Material Disposal Impact Assessment which shall include—
(A) a listing of all radioactive materials in each container to be disposed, the number of
containers to be dumped, the structural diagrams of each container, the number of curies of each
material in each container, and the exposure levels in rems at the inside and outside of each
container;
(B) an analysis of the environmental impact of the proposed action, at the site at which the
applicant desires to dispose of the material, upon human health and welfare and marine life;
(C) any adverse environmental effects at the site which cannot be avoided should the proposal
be implemented;
(D) an analysis of the resulting environmental and economic conditions if the containers fail to
contain the radioactive waste material when initially deposited at the specific site;
(E) a plan for the removal or containment of the disposed nuclear material if the container leaks
or decomposes;
(F) a determination by each affected State whether the proposed action is consistent with its
approved Coastal Zone Management Program;
(G) an analysis of the economic impact upon other users of marine resources;
(H) alternatives to the proposed action;
(I) comments and results of consultation with State officials and public hearings held in the
coastal States that are nearest to the affected areas;
(J) a comprehensive monitoring plan to be carried out by the applicant to determine the full
effect of the disposal on the marine environment, living resources, or human health, which plan
shall include, but not be limited to, the monitoring of exterior container radiation samples, the
taking of water and sediment samples, and fish and benthic animal samples, adjacent to the
containers, and the acquisition of such other information as the Administrator may require; and
(K) such other information which the Administrator may require in order to determine the full
effects of such disposal.
(2) The Administrator shall include, in any permit to which paragraph (1) applies, such terms and
conditions as may be necessary to ensure that the monitoring plan required under paragraph (1)(J) is
fully implemented, including the analysis by the Administrator of the samples required to be taken
under the plan.
(3) The Administrator shall submit a copy of the assessment prepared under paragraph (1) with
respect to any permit to the Committee on Merchant Marine and Fisheries of the House of
Representatives and the Committee on Environment and Public Works of the Senate.
(4)(A) Upon a determination by the Administrator that a permit to which this subsection applies
should be issued, the Administrator shall transmit such a recommendation to the House of
Representatives and the Senate.
(B) No permit may be issued by the Administrator under this Act for the disposal of radioactive
materials in the ocean unless the Congress, by approval of a resolution described in paragraph (D)
within 90 days of continuous session of the Congress beginning on the date after the date of receipt
by the Senate and the House of Representatives of such recommendation, authorizes the
Administrator to grant a permit to dispose of radioactive material under this Act.
(C) For purposes of this subsection—
(1) continuity of session of the Congress is broken only by an adjournment sine die;
(2) the days on which either House is not in session because of an adjournment of more than
three days to a day certain are excluded in the computation of the 90 day calendar period.
(D) For the purposes of this subsection, the term "resolution" means a joint resolution, the
resolving clause of which is as follows: "That the House of Representatives and the Senate approve
and authorize the Administrator of the Environmental Protection Agency to grant a permit to
__________ under the Marine Protection, Research, and Sanctuaries Act of 1972 to dispose of
radioactive materials in the ocean as recommended by the Administrator to the Congress on
__________, 19__."; the first blank space therein to be filled with the appropriate applicant to
dispose of nuclear material and the second blank therein to be filled with the date on which the
Administrator submits the recommendation to the House of Representatives and the Senate.
(Pub. L. 92–532, title I, §104, Oct. 23, 1972, 86 Stat. 1056; Pub. L. 97–424, title IV, §424(a), Jan. 6,
1983, 96 Stat. 2165; Pub. L. 100–17, title I, §133(c)(1), Apr. 2, 1987, 101 Stat. 172; Pub. L.
102–580, title V, §507, Oct. 31, 1992, 106 Stat. 4869.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act and the Marine Protection, Research, and Sanctuaries Act of 1972, referred to in subsec. (i)(4)(B),
(D), is Pub. L. 92–532, Oct. 23, 1972, 86 Stat. 1052, as amended, which is classified generally to this chapter,
chapter 41 (§2801 et seq.) of this title, and chapters 32 (§1431 et seq.) and 32A (§1447 et seq.) of Title 16,
Conservation. For complete classification of this Act to the Code, see Short Title note set out under section
1401 of this title and Tables.
AMENDMENTS
1992—Subsec. (a). Pub. L. 102–580, §507(b), inserted at end "Permits issued under this subchapter shall be
issued for a period of not to exceed 7 years."
Pub. L. 102–580, §507(a), amended cl. (4) generally. Prior to amendment, cl. (4) read as follows: "the
length of time for which the permits are valid and their expiration date;".
Subsec. (d). Pub. L. 102–580, §507(c), inserted ", based upon monitoring data from the dump site and
surrounding area," after "where he finds".
1987—Subsec. (i)(4)(D). Pub. L. 100–17 inserted "to __________" after "grant a permit".
1983—Subsecs. (h), (i). Pub. L. 97–424 added subsecs. (h) and (i).
(2) No person may apply for a permit under this subchapter in relation to the dumping of, or the
transportation for purposes of dumping, municipal sludge within the Apex unless that person is an
eligible authority.
(3) The Administrator may not issue, or renew, any permit under this subchapter that authorizes
the dumping of, or the transportation for purposes of dumping, municipal sludge within the Apex
after the earlier of—
(A) December 15, 1987; or
(B) the day determined by the Administrator to be the first day on which municipal sludge
generated by eligible authorities can reasonably be dumped at a site designated under section 1412
of this title other than a site within the Apex.
(b) Restriction on use of 106-mile site
The Administrator may not issue or renew any permit under this subchapter which authorizes any
person, other than a person that is an eligible authority within the meaning of subsection (a)(1)(C), to
dump, or to transport for the purposes of dumping, municipal sludge within the site designated under
section 1412(c) of this title by the Administrator and known as the "106-Mile Ocean Waste Dump
Site" (as described in 49 F.R. 19005).
(Pub. L. 92–532, title I, §104A, as added Pub. L. 99–662, title XI, §1172(b), Nov. 17, 1986, 100 Stat.
4259; Pub. L. 100–4, title V, §508(b), Feb. 4, 1987, 101 Stat. 79; Pub. L. 100–688, title I, §1002,
Nov. 18, 1988, 102 Stat. 4139.)
EDITORIAL NOTES
AMENDMENTS
1988—Pub. L. 100–688 repealed the second of two identical sections 104A of Pub. L. 92–532, both
classified to this section and enacted by Pub. L. 99–662 and Pub. L. 100–4, thereby involving no change in
text.
(B) after December 31, 1991, it shall be unlawful for any person to dump into ocean waters,
or to transport for the purposes of dumping into ocean waters, sewage sludge or industrial
waste.
(2) Prohibition on new entrants
The Administrator shall not issue any permit under this Act which authorizes a person to dump
into ocean waters, or to transport for the purposes of dumping into ocean waters, sewage sludge or
industrial waste, unless that person was authorized by a permit issued under section 1412 of this
title or by a court order to dump into ocean waters, or to transport for the purpose of dumping into
ocean waters, sewage sludge or industrial waste on September 1, 1988.
(b) Special dumping fees
(1) In general
Subject to paragraph (4), any person who dumps into ocean waters, or transports for the purpose
of dumping into ocean waters, sewage sludge or industrial waste shall be liable for a fee equal
to—
(A) $100 for each dry ton (or equivalent) of sewage sludge or industrial waste transported or
dumped by the person on or after the 270th day after November 18, 1988, and before January 1,
1990;
(B) $150 for each dry ton (or equivalent) of sewage sludge or industrial waste transported or
dumped by the person on or after January 1, 1990, and before January 1, 1991; and
(C) $200 for each dry ton (or equivalent) of sewage sludge or industrial waste transported or
dumped by the person on or after January 1, 1991, and before January 1, 1992.
(2) Payment of fees
Of the amount of fees under paragraph (1) for which a person is liable, such person—
(A) shall pay into a trust account established by the person in accordance with subsection (e)
a sum equal to 85 percent of such amount;
(B) shall pay to the Administrator a sum equal to $15 per dry ton (or equivalent) of sewage
sludge and industrial waste transported or dumped by such person, for use for agency activities
as provided in subsection (f)(1);
(C) subject to paragraph (5), shall pay into the Clean Oceans Fund established by the State in
which the person is located a sum equal to 50 percent of the balance of such amount after
application of subparagraphs (A) and (B); and
(D) subject to paragraph (5), shall pay to the State in which the person is located a sum equal
to the balance of such amount after application of subparagraphs (A), (B), and (C), for deposit
into the water pollution control revolving fund established by the State under title VI of the
Federal Water Pollution Control Act [33 U.S.C. 1381 et seq.], as provided in subsection (f)(2).
(3) Schedule for payment
Fees under this subsection shall be paid on a quarterly basis.
(4) Waiver of fees
(A) The Administrator shall waive all fees under this subsection, other than the portion of fees
required to be paid to the Administrator under paragraph (2)(B) for agency activities, for any
person who has entered into a compliance agreement which meets the requirements of subsection
(c)(2).
(B) The Administrator shall reimpose fees under this subsection for a person for whom such
fees are waived under subparagraph (A) if the Administrator determines that—
(i) the person has failed to comply with the terms of a compliance agreement which the
person entered into under subsection (c)(2); and
(ii) such failure is likely to result in the person not being able to terminate by December 31,
1991, dumping of sewage sludge or industrial waste into ocean waters.
(C) The Administrator may waive fees reimposed for a person under subparagraph (B) if the
Administrator determines that the person has returned to compliance with a compliance agreement
which the person entered into under subsection (c)(2).
(5) Payments prior to establishment of account
(A) In any case in which a State has not established a Clean Oceans Fund or a water pollution
control revolving fund under title VI of the Federal Water Pollution Control Act [33 U.S.C. 1381
et seq.], fees required to be paid by a person in that State under paragraph (2)(C) or (D), as
applicable, shall be paid to the Administrator.
(B) Amounts paid to the Administrator pursuant to this paragraph shall be held by the
Administrator in escrow until the establishment of the fund into which such amounts are required
to be paid under paragraph (2), or until the last day of the 1-year period beginning on the date of
such payment, whichever is earlier, and thereafter—
(i) if such fund has been established, shall be paid by the Administrator into the fund; or
(ii) if such fund has not been established, shall revert to the general fund of the Treasury.
(c) Compliance agreements and enforcement agreements
(1) In general
As a condition of issuing a permit under section 1412 of this title which authorizes a person to
transport or dump sewage sludge or industrial waste, the Administrator shall require that, before
the issuance of such permit, the person and the State in which the person is located enter into with
the Administrator—
(A) a compliance agreement which meets the requirements of paragraph (2); or
(B) an enforcement agreement which meets the requirements of paragraph (3).
(2) Compliance agreements
An agreement shall be a compliance agreement for purposes of this section only if—
(A) it includes a plan negotiated by the person, the State in which the person is located, and
the Administrator that will, in the opinion of the Administrator, if adhered to by the person in
good faith, result in the phasing out and termination of ocean dumping, and transportation for
the purpose of ocean dumping, of sewage sludge and industrial waste by such person by not
later than December 31, 1991, through the design, construction, and full implementation of an
alternative system for the management of sewage sludge and industrial waste transported or
dumped by the person;
(B) it includes a schedule which—
(i) in the opinion of the Administrator, specifies reasonable dates by which the person shall
complete the various activities that are necessary for the timely implementation of the
alternative system referred to in subparagraph (A); and
(ii) meets the requirements of paragraph (4);
(C) it requires the person to notify in a timely manner the Administrator and the Governor of
the State of any problems the person has in complying with the schedule referred to in
subparagraph (B);
(D) it requires the Administrator and the Governor of the State to evaluate on an ongoing
basis the compliance of the person with the schedule referred to in subparagraph (B);
(E) it requires the person to pay in accordance with this section all fees and penalties the
person is liable for under this section; and
(F) it authorizes the person to use interim measures before completion of the alternative
system referred to in subparagraph (A).
(3) Enforcement agreements
An agreement shall be an enforcement agreement for purposes of this section only if—
(A) it includes a plan negotiated by the person, the State in which the person is located, and
the Administrator that will, in the opinion of the Administrator, if adhered to by the person in
good faith, result in the phasing out and termination of ocean dumping, and transportation for
the purpose of ocean dumping, of sewage sludge and industrial waste by such person through
the design, construction, and full implementation of an alternative system for the management
of sewage sludge and industrial waste transported or dumped by the person;
(B) it includes a schedule which—
(i) in the opinion of the Administrator, specifies reasonable dates by which the person shall
complete the various activities that are necessary for the timely implementation of the
alternative system referred to in subparagraph (A); and
(ii) meets the requirements of paragraph (4);
(C) it requires the person to notify in a timely manner the Administrator and the Governor of
the State of any problems the person has in complying with the schedule referred to in
subparagraph (B);
(D) it requires the Administrator and the Governor of the State to evaluate on an ongoing
basis the compliance of the person with the schedule referred to in subparagraph (B);
(E) it requires the person to pay in accordance with this section all fees and penalties the
person is liable for under this section; and
(F) it authorizes the person to use interim measures before completion of the alternative
system referred to in subparagraph (A).
(4) Schedules
A schedule included in a compliance agreement pursuant to paragraph (2)(B) or an enforcement
agreement pursuant to paragraph (3)(B) shall establish deadlines for—
(A) preparation of engineering designs and related specifications for the alternative system
referred to in paragraph (2)(A) or paragraph (3)(A), as applicable;
(B) compliance with appropriate Federal, State, and local statutes, regulations, and
ordinances;
(C) site and equipment acquisitions for such alternative system;
(D) construction and testing of such alternative system;
(E) operation of such alternative system at full capacity; and
(F) any other activities, including interim measures, that the Administrator considers
necessary or appropriate.
(5) Clean oceans funds
(A) Each State that is a party to a compliance agreement or an enforcement agreement under
this subsection shall establish an interest bearing account, to be known as a Clean Oceans Fund,
into which a person shall pay fees and penalties in accordance with subsections (b)(2)(C) and
(d)(2)(C)(i), respectively.
(B) A State which establishes a Clean Oceans Fund pursuant to this paragraph shall allocate and
pay from the fund each year, to each person in the State which has entered into a compliance
agreement or enforcement agreement under this subsection, a portion of amounts in the fund on
the last day of that year which is equal to the sum of—
(i) amounts paid by the person into the fund in that year as fees pursuant to subsection
(b)(2)(C) and as penalties pursuant to subsection (d)(2)(C)(i);
(ii) amounts paid by the Administrator into the fund in that year as fees held in escrow for the
person pursuant to subsection (b)(5)(B); and
(iii) interest on such amounts.
(D) A Clean Oceans Fund established by a State pursuant to this paragraph shall be subject to
such accounting, reporting, and other requirements as may be established by the Administrator to
assure accountability of payments into and out of the fund.
(6) Public participation
The Administrator shall provide an opportunity for public comment regarding the establishment
and implementation of compliance agreements and enforcement agreements entered into pursuant
to this section.
(d) Penalties
(1) In general
In lieu of any other civil penalty under this Act, any person who has entered into a compliance
agreement or enforcement agreement under subsection (c) and who dumps or transports sewage
sludge or industrial waste in violation of subsection (a)(1)(B) shall be liable for a civil penalty, to
be assessed by the Administrator, as follows:
(A) For each dry ton (or equivalent) of sewage sludge or industrial waste dumped or
transported by the person in violation of this subsection in calendar year 1992, $600.
(B) For each dry ton (or equivalent) of sewage sludge or industrial waste dumped or
transported by the person in violation of this subsection in any year after calendar year 1992, a
sum equal to—
(i) the amount of penalty per dry ton (or equivalent) for a violation occurring in the
preceding calendar year, plus
(ii) a percentage of such amount equal to 10 percent of such amount, plus an additional 1
percent of such amount for each full calendar year since December 31, 1991.
(2) Payment of penalty
Of the amount of penalties under paragraph (1) for which a person is liable, such person—
(A) shall pay into a trust account established by the person in accordance with subsection (e)
a sum which is a percentage of such amount equal to—
(i) 90 percent of such amount, reduced by
(ii) 5 percent of such amount for each full calendar year since December 31, 1991;
(B) shall pay to the Administrator a sum equal to $15 per dry ton (or equivalent) of sewage
sludge and industrial waste transported or dumped by such person in that year, for use for
agency activities as provided in subsection (f)(1);
(C) for violations in any year before calendar year 1995—
(i) subject to paragraph (4), shall pay into the Clean Oceans Fund established by the State
in which the person is located a sum equal to 50 percent of the balance of such amount; and
(ii) subject to paragraph (4), shall pay to the State in which the person is located a sum
equal to the portion of such amount which is not paid as provided in subparagraphs (A), (B),
and (C), for deposit into the water pollution control revolving fund established by the State
under title VI of the Federal Water Pollution Control Act [33 U.S.C. 1381 et seq.], as
provided in subsection (f)(2); and
(D) for violations in any year after calendar year 1994, shall pay to the State in which the
person is located a sum equal to the balance of such amount, for use by the State for providing
assistance under subsection (f)(3).
(3) Schedule for payment
Penalties under this subsection shall be paid on a quarterly basis.
(4) Payments prior to establishment of account
In any case in which a State has not established a Clean Oceans Fund or a water pollution
control revolving fund under title VI of the Federal Water Pollution Control Act, penalties
required to be paid by a person in that State under paragraph (2)(C)(i) or (ii), as applicable, shall
be paid to the Administrator for holding and payment or reversion, as applicable, in the same
manner as fees are held and paid or revert under subsection (b)(5).
(e) Trust account
(1) In general
A person who enters into a compliance agreement or an enforcement agreement under
subsection (c) shall establish a trust account for the payment and use of fees and penalties under
this section.
(2) Trust account requirements
An account shall be a trust account for purposes of this subsection only if it meets, to the
satisfaction of the Administrator, the following requirements:
(A) Amounts in the account may be used only with the concurrence of the person who
establishes the account and the Administrator; except that the person may use amounts in the
account for a purpose authorized by subparagraph (B) after 60 days after notification of the
Administrator if the Administrator does not disapprove such use before the end of such 60-day
period.
(B) Amounts in the account may be used only for projects which will identify, develop, and
implement—
(i) an alternative system, and any interim measures, for the management of sewage sludge
and industrial waste, including but not limited to any such system or measures utilizing
resource recovery, recycling, thermal reduction, or composting techniques; or
(ii) improvements in pretreatment, treatment, and storage techniques for sewage sludge and
industrial waste to facilitate the implementation of such alternative system or interim
measures.
(C) Upon a finding by the Administrator that a person did not pay fees or penalties into an
account as required by this section, or did not use amounts in the account in accordance with
this subsection, the balance of the amounts in the account shall be paid to the State in which the
person is located, for deposit into the water pollution control revolving fund established by the
State under title VI of the Federal Water Pollution Control Act [33 U.S.C. 1381 et seq.], as
provided in subsection (f)(2).
(3) Use of unexpended amounts
Upon a determination by the Administrator that a person has terminated ocean dumping of
sewage sludge or industrial waste, the balance of amounts in an account established by the person
under this subsection shall be paid to the person for use—
(A) for debts incurred by the person in complying with this Act or the Federal Water
Pollution Control Act [33 U.S.C. 1251 et seq.];
(B) in meeting the requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) which apply to the person, including operations and maintenance; and
(C) for matching Federal grants.
(4) Use for matching Federal grants
Amounts in a trust account under this subsection may be used for matching Federal grants.
(f) Use of fees and penalties
(1) Agency activities
Of the total amount of fees and penalties paid to the Administrator in a fiscal year pursuant to
subsections (b)(2)(B) and (d)(2)(B), respectively—
(A) not to exceed one-third of such total amount shall be used by the Administrator for—
(i) costs incurred or expected to be incurred in undertaking activities directly associated
with the issuance under this Act of permits for the transportation or dumping of sewage
sludge and industrial waste, including the costs of any environmental assessment of the direct
effects of dumping under the permits;
(ii) preparation of reports under subsection (i); and
(iii) such other research, studies, and projects the Administrator considers necessary for,
and consistent with, the development and implementation of alternative systems for the
management of sewage sludge and industrial waste;
(B) not to exceed one-third of such total amount shall be transferred to the Secretary of the
department in which the Coast Guard is operating for use for—
(i) Coast Guard surveillance of transportation and dumping of sewage sludge and industrial
waste subject to this Act; and
(ii) such enforcement activities conducted by the Coast Guard with respect to such
transportation and dumping as may be necessary to ensure to the maximum extent practicable
complete compliance with the requirements of this Act; and
(C) not to exceed one-third of such total amount shall be transferred to the Under Secretary of
Commerce for Oceans and Atmosphere for use for—
(i) monitoring, research, and related activities consistent with the program developed
pursuant to subsection (j)(1); and
(ii) preparing annual reports to the Congress pursuant to subsection (j)(4) 1 which describe
the results of such monitoring, research, and activities.
(2) Deposits into State water pollution control revolving fund
(A) Amounts paid to a State pursuant to subsection (b)(2)(D), (d)(2)(C)(ii), or (e)(2)(C) shall be
deposited into the water pollution control revolving fund established by the State pursuant to title
VI of the Federal Water Pollution Control Act [33 U.S.C. 1381 et seq.].
(B) Amounts deposited into a State water pollution control revolving fund pursuant to this
paragraph—
(i) shall not be used by the State to provide assistance to the person who paid such amounts
for development or implementation of any alternative system;
(ii) shall not be considered to be State matching amounts under title VI of the Federal Water
Pollution Control Act; and
(iii) shall not be subject to State matching requirements under such title.
(3) Penalty payments to States after 1994
(A) Amounts paid to a State as penalties pursuant to subsection (d)(2)(D) may be used by the
State—
(i) for providing assistance to any person in the State—
(I) for implementing a management program under section 319 of the Federal Water
Pollution Control Act [33 U.S.C. 1329];
(II) for developing and implementing a conservation and management plan under section
320 of such Act [33 U.S.C. 1330]; or
(III) for implementing technologies and management practices necessary for controlling
pollutant inputs adversely affecting the New York Bight, as such inputs are identified in the
New York Bight Restoration Plan prepared under section 2301 of the Marine Plastic
Pollution Research and Control Act of 1987; and
(ii) for providing assistance to any person in the State who was not required to pay such
penalties for construction of treatment works (as defined in section 212 of the Federal Water
Pollution Control Act [33 U.S.C. 1292]) which are publicly owned.
(B) Amounts paid to a State as penalties pursuant to subsection (d)(2)(D) which are not used in
accordance with subparagraph (A) shall be deposited into the water pollution control revolving
fund established by the State under title VI of the Federal Water Pollution Control Act. Amounts
deposited into such a fund pursuant to this subparagraph—
(i) shall not be used by the State to provide assistance to the person who paid such amounts;
(ii) shall not be considered to be State matching amounts under title VI of the Federal Water
Pollution Control Act; and
(iii) shall not be subject to State matching requirements under such title.
(4) Deposits into Treasury as offsetting collections
Amounts of fees and penalties paid to the Administrator pursuant to subsection (b)(2)(B) or
(d)(2)(B) which are used by an agency in accordance with paragraph (1) shall be deposited into
the Treasury as offsetting collections of the agency.
(g) Enforcement
(1) In general
Whenever, on the basis of any information available, the Administrator finds that a person is
dumping or transporting sewage sludge or industrial waste in violation of subsection (a)(1), the
Administrator shall issue an order requiring such person to terminate such dumping or transporting
(as applicable) until such person—
(A) enters into a compliance agreement or an enforcement agreement under subsection (c);
and
(B) obtains a permit under section 1412 of this title which authorizes such dumping or
transporting.
(2) Requirements of order
Any order issued by the Administrator under this subsection—
(A) shall be delivered by personal service to the person named in the order;
(B) shall state with reasonable specificity the nature of the violation for which the order is
issued; and
(C) shall require that the person named in the order, as a condition of dumping into ocean
waters, or transporting for the purpose of dumping into ocean waters, sewage sludge or
industrial waste—
(i) shall enter into a compliance agreement or an enforcement agreement under subsection
(c); and
(ii) shall obtain a permit under section 1412 of this title which authorizes such dumping or
transporting.
(3) Actions
The Administrator may request the Attorney General to commence a civil action for appropriate
relief, including a temporary or permanent injunction and the imposition of civil penalties
authorized by subsection (d)(1), for any violation of subsection (a)(1) or of an order issued by the
Administrator under this section. Such an action may be brought in the district court of the United
States for the district in which the defendant is located, resides, or is doing business, and such
court shall have jurisdiction to restrain such violation and require compliance with subsection
(a)(1) and any such order.
(h) State progress reports
(1) In general
The Governor of each State that is a party to a compliance agreement or an enforcement
agreement under subsection (c) shall submit to the Administrator on September 30 of 1989 and of
every year thereafter until the Administrator determines that ocean dumping of sewage sludge and
industrial waste by persons located in that State has terminated, a report which describes—
(A) the efforts of each person located in the State to comply with a compliance agreement or
enforcement agreement entered into by the person pursuant to subsection (c), including the
extent to which such person has complied with deadlines established by the schedule included
in such agreement;
(B) activity of the State regarding permits for the construction and operation of each
alternative system; and
(C) an accounting of amounts paid into and withdrawn from a Clean Oceans Fund established
by the State.
(2) Failure to submit report
If a State fails to submit a report in accordance with this subsection, the Administrator shall
withhold funds reserved for such State under section 205(g) of the Federal Water Pollution
Control Act (33 U.S.C. 1285(g)). Funds withheld pursuant to this paragraph may, at the discretion
of the Administrator, be restored to a State upon compliance with this subsection.
(i) EPA progress reports
(1) In general
Not later than December 31 of 1989 and of each year thereafter until the Administrator
determines that ocean dumping of sewage sludge and industrial waste has terminated, the
Administrator shall prepare and submit to the Congress a report on—
(A) progress being made by persons issued permits under section 1412 of this title for
transportation or dumping of sewage sludge or industrial waste in developing alternative
systems for managing sewage sludge and industrial waste;
(B) the efforts of each such person to comply with a compliance agreement or enforcement
agreement entered into by the person pursuant to subsection (c), including the extent to which
such person has complied with deadlines established by the schedule included in such
agreement;
(C) progress being made by the Administrator and others in identifying and implementing
alternative systems for the management of sewage sludge and industrial waste; and
(D) progress being made toward the termination of ocean dumping of sewage sludge and
industrial waste.
(2) Referral to Congressional committees
Each report submitted to the Congress under this subsection shall be referred to each standing
committee of the House of Representatives and of the Senate having jurisdiction over any part of
the subject matter of the report.
(j) Environmental monitoring
(1) In general
The Administrator, in cooperation with the Under Secretary of Commerce for Oceans and
Atmosphere, shall design a program for monitoring environmental conditions—
(A) at the Apex site (as that term is defined in section 1414a of this title);
(B) at the site designated by the Administrator under section 1412(c) of this title and known
as the "106-Mile Ocean Waste Dump Site" (as described in 49 F.R. 19005);
(C) at the site at which industrial waste is dumped; and
(D) within the potential area of influence of the sewage sludge and industrial waste dumped
at those sites.
(2) Program requirements
The program designed under paragraph (1) shall include, but is not limited to—
(A) sampling of an appropriate number of fish and shellfish species and other organisms to
assess the effects of environmental conditions on living marine organisms in these areas; and
(B) use of satellite and other advanced technologies in conducting the program.
(3) Monitoring activities
The Administrator and the Under Secretary of Commerce for Oceans and Atmosphere shall
each conduct monitoring activities consistent with the program designed under paragraph (1).
(4) Omitted
(k) Definitions
For purposes of this section—
(1) the term "alternative system" means any method for the management of sewage sludge or
industrial waste which does not require a permit under this Act;
(2) the term "Clean Oceans Fund" means such a fund established by a State in accordance with
subsection (c)(5);
(3) the term "excluded material" means—
(A) any dredged material discharged by the United States Army Corps of Engineers or
discharged pursuant to a permit issued by the Secretary in accordance with section 1413 of this
title; and
(B) any waste from a tuna cannery operation located in American Samoa or Puerto Rico
discharged pursuant to a permit issued by the Administrator under section 1412 of this title;
(4) the term "industrial waste" means any solid, semisolid, or liquid waste generated by a
manufacturing or processing plant, other than an excluded material;
(5) the term "interim measure" means any short-term method for the management of sewage
sludge or industrial waste, which—
(A) is used before implementation of an alternative system; and
(B) does not require a permit under this Act; and
(6) the term "sewage sludge" means any solid, semisolid, or liquid waste generated by a
wastewater treatment plant, other than an excluded material.
(Pub. L. 92–532, title I, §104B, as added Pub. L. 100–688, title I, §1002, Nov. 18, 1988, 102 Stat.
4139.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in subsecs. (a)(2), (d)(1), (e)(3)(A), (f)(1)(A)(i), (B), and (k)(1), (5)(B), means Pub. L.
92–532, which is classified generally to this chapter, chapter 41 (§2801 et seq.) of this title, and chapters 32
(§1431 et seq.) and 32A (§1447 et seq.) of Title 16, Conservation.
The Federal Water Pollution Control Act, referred to in subsecs. (b)(2)(D), (5)(A), (d)(2)(C)(ii), (4),
(e)(2)(C), (3)(A), (B), (f)(2)(A), (B)(ii), (iii), and (3)(B), is act June 30, 1948, ch. 758, as amended generally
by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§1251 et seq.)
of this title. Title VI of that Act is classified to subchapter VI (§1381 et seq.) of chapter 26 of this title. For
complete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and
Tables.
Subsection (j)(4), referred to in subsec. (f)(1)(C)(ii), was omitted from the Code. See Codification note
below.
Section 2301 of the Marine Plastic Pollution Research and Control Act of 1987, referred to in subsec.
(f)(3)(A)(i)(III), is section 2301 of Pub. L. 100–220 which is set out as a note under section 2267 of this title.
CODIFICATION
Subsec. (j)(4)(A) of this section directed the Administrator, in cooperation with the Under Secretary of
Commerce for Oceans and Atmosphere, to submit to Congress a report describing the program designed
pursuant to subsec. (j)(1) of this section not later than one year after Nov. 18, 1988.
Subsec. (j)(4)(B) of this section, which required the Administrator and the Under Secretary of Commerce
for Oceans and Atmosphere to report annually to Congress on monitoring activities conducted under the
program designed pursuant to subsec. (j)(1) of this section, terminated, effective May 15, 2000, pursuant to
section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and
Finance. See, also, page 148 of House Document No. 103–7.
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in subsec. (b)(1), means Pub. L. 92–532, which is classified generally to this chapter,
chapter 41 (§2801 et seq.) of this title, and chapters 32 (§1431 et seq.) and 32A (§1447 et seq.) of Title 16,
Conservation.
§1415. Penalties
(a) Assessment of civil penalty by Administrator; remission or mitigation; court action for
appropriate relief
Any person who violates any provision of this subchapter, or of the regulations promulgated under
this subchapter, or a permit issued under this subchapter shall be liable to a civil penalty of not more
than $50,000 for each violation to be assessed by the Administrator. In addition, any person who
violates this subchapter or any regulation issued under this subchapter by engaging in activity
involving the dumping of medical waste shall be liable for a civil penalty of not more than $125,000
for each violation, to be assessed by the Administrator after written notice and an opportunity for a
hearing. No penalty shall be assessed until the person charged shall have been given notice and an
opportunity for a hearing of such violation. In determining the amount of the penalty, the gravity of
the violation, prior violations, and the demonstrated good faith of the person charged in attempting to
achieve rapid compliance after notification of a violation shall be considered by said Administrator.
For good cause shown, the Administrator may remit or mitigate such penalty. Upon failure of the
offending party to pay the penalty, the Administrator may request the Attorney General to commence
an action in the appropriate district court of the United States for such relief as may be appropriate.
(b) Criminal penalties
In addition to any action that may be brought under subsection (a)—
(1) any person who knowingly violates any provision of this subchapter, any regulation
promulgated under this subchapter, or a permit issued under this subchapter, shall be fined under
title 18 or imprisoned for not more than 5 years, or both; and
(2) any person who is convicted of such a violation pursuant to paragraph (1) shall forfeit to the
United States—
(A) any property constituting or derived from any proceeds that the person obtained, directly
or indirectly, as a result of such violation; and
(B) any of the property of the person which was used, or intended to be used in any manner
or part, to commit or to facilitate the commission of the violation.
(c) Separate offenses
For the purpose of imposing civil penalties and criminal fines under this section, each day of a
continuing violation shall constitute a separate offense as shall the dumping from each of several
vessels, or other sources.
(d) Injunctive relief
The Attorney General or his delegate may bring actions for equitable relief to enjoin an imminent
or continuing violation of this subchapter, of regulations promulgated under this subchapter, or of
permits issued under this subchapter, and the district courts of the United States shall have
jurisdiction to grant such relief as the equities of the case may require.
(e) Liability of vessels in rem
A vessel, except a public vessel within the meaning of section 13 of the Federal Water Pollution
Control Act, as amended, used in a violation, shall be liable in rem for any civil penalty assessed or
criminal fine imposed and may be proceeded against in any district court of the United States having
jurisdiction thereof; but no vessel shall be liable unless it shall appear that one or more of the owners,
or bareboat charterers, was at the time of the violation a consenting party or privy to such violation.
(f) Revocation and suspension of permits
If the provisions of any permit issued under section 1412 or 1413 of this title are violated, the
Administrator or the Secretary, as the case may be, may revoke the permit or may suspend the permit
for a specified period of time. No permit shall be revoked or suspended unless the permittee shall
have been given notice and opportunity for a hearing on such violation and proposed suspension or
revocation.
(g) Civil suits by private persons
(1) Except as provided in paragraph (2) of this subsection any person may commence a civil suit
on his own behalf to enjoin any person, including the United States and any other governmental
instrumentality or agency (to the extent permitted by the eleventh amendment to the Constitution),
who is alleged to be in violation of any prohibition, limitation, criterion, or permit established or
issued by or under this subchapter. The district courts shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the parties, to enforce such prohibition, limitation,
criterion, or permit, as the case may be.
(2) No action may be commenced—
(A) prior to sixty days after notice of the violation has been given to the Administrator or to the
Secretary, and to any alleged violator of the prohibition, limitation, criterion, or permit; or
(B) if the Attorney General has commenced and is diligently prosecuting a civil action in a
court of the United States to require compliance with the prohibition, limitation, criterion, or
permit; or
(C) if the Administrator has commenced action to impose a penalty pursuant to subsection (a) of
this section, or if the Administrator, or the Secretary, has initiated permit revocation or suspension
proceedings under subsection (f) of this section; or
(D) if the United States has commenced and is diligently prosecuting a criminal action in a
court of the United States or a State to redress a violation of this subchapter.
(3)(A) Any suit under this subsection may be brought in the judicial district in which the violation
occurs.
(B) In any such suit under this subsection in which the United States is not a party, the Attorney
General, at the request of the Administrator or Secretary, may intervene on behalf of the United
States as a matter of right.
(4) The court, in issuing any final order in any suit brought pursuant to paragraph (1) of this
subsection may award costs of litigation (including reasonable attorney and expert witness fees) to
any party, whenever the court determines such award is appropriate.
(5) The injunctive relief provided by this subsection shall not restrict any right which any person
(or class of persons) may have under any statute or common law to seek enforcement of any standard
or limitation or to seek any other relief (including relief against the Administrator, the Secretary, or a
State agency).
(h) Emergencies
No person shall be subject to a civil penalty or to a criminal fine or imprisonment for dumping
materials from a vessel if such materials are dumped in an emergency to safeguard life at sea. Any
such emergency dumping shall be reported to the Administrator under such conditions as he may
prescribe.
(i) Seizure and forfeiture
(1) In general
Any vessel used to commit an act for which a penalty is imposed under subsection (b) shall be
subject to seizure and forfeiture to the United States under procedures established for seizure and
forfeiture of conveyances under sections 853 and 881 of title 21.
(2) Limitation on application
This subsection does not apply to an act committed substantially in accordance with a
compliance agreement or enforcement agreement entered into by the Administrator under section
1414b(c) of this title.
(Pub. L. 92–532, title I, §105, Oct. 23, 1972, 86 Stat. 1057; Pub. L. 100–688, title III, §3201(c), (d),
Nov. 18, 1988, 102 Stat. 4153; Pub. L. 102–580, title V, §508, Oct. 31, 1992, 106 Stat. 4869.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 13 of the Federal Water Pollution Control Act, referred to in subsec. (e), is section 13 of act June
30, 1948, ch. 758, as added by act Apr. 3, 1970, Pub. L. 91–224, title I, §102, 84 Stat. 100, which was
classified to section 1163 of this title and was superseded by Pub. L. 92–500, Oct. 18, 1972, 86 Stat. 816. See
section 1322 of this title.
AMENDMENTS
1992—Subsec. (b). Pub. L. 102–580, §508(a), amended subsec. (b) generally. Prior to amendment, subsec.
(b) read as follows:
"(1) In addition to any action which may be brought under subsection (a) of this section, a person who
knowingly violates this subchapter, regulations promulgated under this subchapter, or a permit issued under
this subchapter shall be fined not more than $50,000, or imprisoned for not more than one year, or both.
"(2) In addition to any action which may be brought under subsection (a), any person—
"(A) who knowingly violates any provision of this subchapter by engaging in activity involving the
dumping into ocean waters of medical waste shall upon conviction be fined not more than $250,000, or
imprisoned for not more than 5 years, or both; and
"(B) convicted of a violation involving such activity shall forfeit to the United States any property
constituting or derived from any proceeds the person obtained, directly or indirectly, as a result of such
violation, and any of the property of the person which was used, or intended to be used in any manner or
part, to commit or to facilitate the commission of the violation."
Subsec. (i). Pub. L. 102–508, §508(b), added subsec. (i).
1988—Subsec. (a). Pub. L. 100–688, §3201(c), inserted provisions relating to civil penalty of not more than
$125,000 for engaging in activity involving dumping of medical waste.
Subsec. (b). Pub. L. 100–688, §3201(d), designated existing provisions as par. (1) and added par. (2).
EDITORIAL NOTES
REFERENCES IN TEXT
The effective date of this subchapter, referred to in subsecs. (a) and (b), means the effective date of title I of
Pub. L. 92–532, which is six months after Oct. 23, 1972. See section 110(a) of Pub. L. 92–532, set out as an
Effective Date note under section 1411 of this title.
The Rivers and Harbors Act of 1899, referred to in subsec. (b), probably means the Act popularly known as
the Rivers and Harbors Appropriation Act of 1899, act Mar. 3, 1899, ch. 425, 30 Stat. 1151, which enacted
sections 401, 403, 404, 406 to 409, 411 to 416, 418, 502, 549, 686, and 687 of this title. For complete
classification of this Act to the Code, see Tables.
The Fish and Wildlife Coordination Act as amended (16 U.S.C. 661–666c), referred to in subsec. (e), is act
Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of Title 16,
Conservation. For complete classification of this Act to the Code, see section 661(a) of Title 16, Short Title
note set out under section 661 of Title 16, and Tables.
This Act, referred to in subsec. (g), means Pub. L. 92–532, which is classified generally to this chapter,
chapter 41 (§2801 et seq.) of this title, and chapters 32 (§1431 et seq.) and 32A (§1447 et seq.) of Title 16.
AMENDMENTS
1992—Subsec. (d). Pub. L. 102–580 amended subsec. (d) generally. Prior to amendment, subsec. (d) read
as follows: "After the effective date of this subchapter, no State shall adopt or enforce any rule or regulation
relating to any activity regulated by this subchapter. Any State may, however, propose to the Administrator
criteria relating to the dumping of materials into ocean waters within its jurisdiction, or into other ocean
waters to the extent that such dumping may affect waters within the jurisdiction of such State, and if the
Administrator determines, after notice and opportunity for hearing, that the proposed criteria are not
inconsistent with the purposes of this subchapter, may adopt those criteria and may issue regulations to
implement such criteria. Such determination shall be made by the Administrator within one hundred and
twenty days of receipt of the proposed criteria. For the purposes of this subsection, the term 'State' means any
State, interstate or regional authority, Federal territory or Commonwealth or the District of Columbia."
1990—Subsec. (f). Pub. L. 101–596, which directed the substitution of "the requirements of this
subchapter" for all after "shall comply with" in "subsection 116(g) of the Marine Protection Research and
Sanctuaries Act (33 U.S.C. 1416(g))", was executed by making the substitution for "the criteria established
pursuant to the second sentence of section 1412(a) of this title relating to the effects of dumping. Subsection
(d) of this section shall not apply to this subsection." which followed "shall comply with" in section 106(f) of
the Marine Protection Research and Sanctuaries Act of 1972, which is classified to subsec. (f) of this section,
to reflect the probable intent of Congress.
1986—Subsec. (g). Pub. L. 99–499 added subsec. (g).
1980—Subsec. (f). Pub. L. 96–572 added subsec. (f).
EXECUTIVE DOCUMENTS
TERRITORIAL SEA OF UNITED STATES
For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of
Title 43, Public Lands.
§1417. Enforcement
(a) Utilization of other departments, agencies, and instrumentalities
The Administrator or the Secretary, as the case may be, may, whenever appropriate, utilize by
agreement, the personnel, services and facilities of other Federal departments, agencies, and
instrumentalities, or State agencies or instrumentalities, whether on a reimbursable or a
nonreimbursable basis, in carrying out his responsibilities under this subchapter.
(b) Delegation of review and evaluation authority
The Administrator or the Secretary may delegate responsibility and authority for reviewing and
evaluating permit applications, including the decision as to whether a permit will be issued, to an
officer of his agency, or he may delegate, by agreement, such responsibility and authority to the
heads of other Federal departments or agencies, whether on a reimbursable or nonreimbursable basis.
(c) Surveillance and other enforcement activity
The Secretary of the department in which the Coast Guard is operating shall conduct surveillance
and other appropriate enforcement activity to prevent unlawful transportation of material for
dumping, or unlawful dumping. Such enforcement activity shall include, but not be limited to,
enforcement of regulations issued by him pursuant to section 1418 of this title, relating to safe
transportation, handling, carriage, storage, and stowage. The Secretary of the Department in which
the Coast Guard is operating shall supply to the Administrator and to the Attorney General, as
appropriate, such information of enforcement activities and such evidentiary material assembled as
they may require in carrying out their duties relative to penalty assessments, criminal prosecutions,
or other actions involving litigation pursuant to the provisions of this subchapter.
(Pub. L. 92–532, title I, §107, Oct. 23, 1972, 86 Stat. 1059.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 92–532, which is classified generally to this chapter, chapter 41
(§2801 et seq.) of this title, and chapters 32 (§1431 et seq.) and 32A (§1447 et seq.) of Title 16, Conservation.
§1421. Omitted
EDITORIAL NOTES
CODIFICATION
Section, Pub. L. 92–532, title I, §112, Oct. 23, 1972, 86 Stat. 1060; Pub. L. 94–326, §2, June 30, 1976, 90
Stat. 725; Pub. L. 96–470, title II, §209(f), Oct. 19, 1980, 94 Stat. 2245; Pub. L. 102–580, title V, §510, Oct.
31, 1992, 106 Stat. 4870, which required the Administrator of the Environmental Protection Agency to report
annually to Congress on the administration of this subchapter, terminated, effective May 15, 2000, pursuant to
section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and
Finance. See, also, page 163 of House Document No. 103–7.
SUBCHAPTER II—RESEARCH
(3) The Secretary of Commerce shall ensure that the comprehensive and continuing research
program conducted under this subsection is consistent with the comprehensive plan for ocean
pollution research and development and monitoring prepared under section 1703 1 of this title.
(b) Action with other nations
In carrying out his responsibilities under this section, the Secretary of Commerce, under the
foreign policy guidance of the President and pursuant to international agreements and treaties made
by the President with the advice and consent of the Senate, may act alone or in conjunction with any
other nation or group of nations, and shall make known the results of his activities by such channels
of communication as may appear appropriate.
(c) Cooperation of other departments, agencies, and independent instrumentalities
Each department, agency, and independent instrumentality of the Federal Government is
authorized and directed to cooperate with the Secretary of Commerce in carrying out the purposes of
this section and, to the extent permitted by law, to furnish such information as may be requested.
(d) Utilization of personnel, services, and facilities; inter-agency agreements
The Secretary of Commerce, in carrying out his responsibilities under this section, shall, to the
extent feasible utilize the personnel, services, and facilities of other Federal departments, agencies,
and instrumentalities (including those of the Coast Guard for monitoring purposes), and is authorized
to enter into appropriate inter-agency agreements to accomplish this action.
(Pub. L. 92–532, title II, §202, Oct. 23, 1972, 86 Stat. 1060; Pub. L. 94–62, §2, July 25, 1975, 89
Stat. 303; Pub. L. 96–381, §3, Oct. 6, 1980, 94 Stat. 1524; Pub. L. 96–470, title II, §201(f), Oct. 19,
1980, 94 Stat. 2242; Pub. L. 99–272, title VI, §6062, Apr. 7, 1986, 100 Stat. 131; Pub. L. 100–627,
title I, §101, Nov. 7, 1988, 102 Stat. 3213.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 1703 of this title, referred to in subsec. (a)(3), was repealed by Pub. L. 102–567, title II, §204, Oct.
29, 1992, 106 Stat. 4282.
AMENDMENTS
1988—Subsec. (a)(3). Pub. L. 100–627 added par. (3).
1986—Subsec. (a). Pub. L. 99–272, §6062(1)–(3), designated existing provisions as par. (1), substituted "in
close consultation" for "in consultation", and added par. (2).
Subsec. (c). Pub. L. 99–272, §6062(4), redesignated subsec. (d) as (c), and struck out former subsec. (c)
which required the Secretary of Commerce to make an annual report to Congress, in March of each year, on
the results of activities undertaken by him pursuant to this section during the previous fiscal year, and to
include in that report the report to Congress required by section 665 of title 16 on activities of the Department
of Commerce under that section.
Subsecs. (d), (e). Pub. L. 99–272, §6062(4), redesignated subsec. (e) as (d). Former subsec. (d) redesignated
(c).
1980—Subsec. (a). Pub. L. 96–381 inserted provision including within the responsibilities of the Secretary
the scientific assessment of damages to natural resources from spills of petroleum or petroleum products.
Subsec. (c). Pub. L. 96–470 inserted provision requiring the Secretary to include in his annual report the
report on activities of the Department of Commerce under section 665 of title 16.
1975—Subsec. (c). Pub. L. 94–62 substituted "March" for "January".
§1443. Research program respecting ocean dumping and other methods of waste
disposal
(a) Cooperation with public authorities, agencies, and institutions, private agencies and
institutions, and individuals
The Administrator of the Environmental Protection Agency shall—
(1) conduct research, investigations, experiments, training, demonstrations, surveys, and studies
for the purpose of—
(A) determining means of minimizing or ending, as soon as possible after October 6, 1980,
the dumping into ocean waters, or waters described in section 1411(b) of this title, of material
which may unreasonably degrade or endanger human health, welfare, or amenities, or the
marine environment, ecological systems, or economic potentialities, and
(B) developing disposal methods as alternatives to the dumping described in subparagraph
(A); and
(2) encourage, cooperate with, promote the coordination of, and render financial and other
assistance to appropriate public authorities, agencies, and institutions (whether Federal, State,
interstate, or local) and appropriate private agencies, institutions, and individuals in the conduct of
research and other activities described in paragraph (1).
(b) Termination date for ocean dumping of sewage sludge not affected
Nothing in this section shall be construed to affect in any way the December 31, 1981, termination
date, established in section 1412a of this title, for the ocean dumping of sewage sludge.
(c) Regional management plans for waste disposal
The Administrator, in cooperation with the Secretary, the Secretary of Commerce, and other
officials of appropriate Federal, State, and local agencies, shall assess the feasibility in coastal areas
of regional management plans for the disposal of waste materials. Such plans should integrate where
appropriate Federal, State, regional, and local waste disposal activities into a comprehensive regional
disposal strategy. These plans should address, among other things—
(1) the sources, quantities, and types of materials that require and will require disposal;
(2) the environmental, economic, social, and human health factors (and the methods used to
assess these factors) associated with disposal alternatives;
(3) the improvements in production processes, methods of disposal, and recycling to reduce the
adverse effects associated with such disposal alternatives;
(4) the applicable laws and regulations governing waste disposal; and
(5) improvements in permitting processes to reduce administrative burdens.
(d) Report on sewage disposal in New York metropolitan area
The Administrator, in cooperation with the Secretary of Commerce, shall submit to the Congress
and the President, not later than one year after April 7, 1986, a report on sewage sludge disposal in
the New York City metropolitan region. The report shall—
(1) consider the factors listed in subsection (c) as they relate to landfilling, incineration, ocean
dumping, or any other feasible disposal or reuse/recycling option;
(2) include an assessment of the cost of these alternatives; and
(3) recommend such regulatory or legislative changes as may be necessary to reduce the adverse
impacts associated with sewage sludge disposal.
(Pub. L. 92–532, title II, §203, Oct. 23, 1972, 86 Stat. 1061; Pub. L. 96–381, §1, Oct. 6, 1980, 94
Stat. 1523; Pub. L. 99–272, title VI, §6063, Apr. 7, 1986, 100 Stat. 131.)
EDITORIAL NOTES
CODIFICATION
In subsec. (a)(1)(A), October 6, 1980, was substituted for "the date of the enactment of this section", which
has been translated to reflect the probable intent of Congress as meaning the date of enactment of Pub. L.
96–381 which amended this section generally and which was approved Oct. 6, 1980.
AMENDMENTS
1986—Subsecs. (c), (d). Pub. L. 99–272 added subsecs. (c) and (d).
1980—Pub. L. 96–381 substituted provision authorizing the Administrator of the Environmental Protection
Agency to conduct research, etc., and to encourage and cooperate with public authorities, etc., for the purpose
of determining means of minimizing or ending, as soon as possible after Oct. 6, 1980, dumping in ocean
waters, or waters described in section 1411(b) of this title, of materials which may unreasonably degrade or
endanger human health or the marine environment and to develop disposal methods as alternatives to dumping
for provision authorizing the Secretary of Commerce to conduct research, etc., and to encourage and cooperate
with public authorities, etc., for the purpose of minimizing or ending all dumping of materials within five
years after the effective date of Pub. L. 92–532, which was approved Oct. 23, 1972, and inserted provision
directing that nothing in this section be construed to affect in any way the Dec. 31, 1981, termination date,
established by section 1412a of this title for ocean dumping of sewage sludge.
EDITORIAL NOTES
PRIOR PROVISIONS
A prior section 204 of Pub. L. 92–532, which was classified to this section, was renumbered section 205
and is classified to section 1445 of this title.
AMENDMENTS
1988—Subsec. (c). Pub. L. 100–627 added subsec. (c).
1986—Pub. L. 99–272 amended section generally. Prior to amendment, section read as follows: "The
Administrator of the Environmental Protection Agency is authorized to conduct a study to assist the city of
New York in evaluating the technological options available for the removal of heavy metals and other toxic
organic materials from the sewage sludge of the city of New York. The study shall also examine options
available to reduce the amount of such pollutants entering the sewage system. The study is to be completed by
July 1, 1981."
§1445. Authorization of appropriations
There are authorized to be appropriated for the first fiscal year after October 23, 1972, and for the
next two fiscal years thereafter such sums as may be necessary to carry out this subchapter, but the
sums appropriated for any such fiscal year may not exceed $6,000,000. There are authorized to be
appropriated not to exceed $1,500,000 for the transition period (July 1 through September 30, 1976),
not to exceed $5,600,000 for fiscal year 1977, and not to exceed $6,500,000 for fiscal year 1978, not
to exceed $11,396,000 for fiscal year 1981, not to exceed $12,000,000 for fiscal year 1982, not to
exceed $10,635,000 for fiscal year 1986, not to exceed $11,114,000 for fiscal year 1987, not to
exceed $13,500,000 for fiscal year 1989, and not to exceed $14,500,000 for fiscal year 1990.
(Pub. L. 92–532, title II, §205, formerly §204, Oct. 23, 1972, 86 Stat. 1061; Pub. L. 94–62, §3, July
25, 1975, 89 Stat. 303; Pub. L. 94–326, §3, June 30, 1976, 90 Stat. 725; Pub. L. 95–153, §2, Nov. 4,
1977, 91 Stat. 1255; Pub. L. 96–381, §2, Oct. 6, 1980, 94 Stat. 1523; renumbered §205 and amended
Pub. L. 99–272, title VI, §6064, Apr. 7, 1986, 100 Stat. 132; Pub. L. 100–627, title I, §103, Nov. 7,
1988, 102 Stat. 3213.)
EDITORIAL NOTES
PRIOR PROVISIONS
A prior section 205 of Pub. L. 92–532, which was classified to this section, was renumbered section 204
and is classified to section 1444 of this title.
AMENDMENTS
1988—Pub. L. 100–627 inserted provision authorizing appropriations not to exceed $13,500,000 for fiscal
year 1989 and not to exceed $14,500,000 for fiscal year 1990.
1986—Pub. L. 99–272 inserted provision authorizing appropriations not to exceed $10,635,000 for fiscal
year 1986 and not to exceed $11,114,000 for fiscal year 1987.
1980—Pub. L. 96–381 inserted provision authorizing appropriations not to exceed $11,396,000 for fiscal
year 1981 and not to exceed $12,000,000 for fiscal year 1982.
1977—Pub. L. 95–153 inserted provision authorizing appropriations not to exceed $6,500,000 for fiscal
year 1978.
1976—Pub. L. 94–326 inserted provision authorizing appropriations not to exceed $5,600,000 for fiscal
year 1977.
1975—Pub. L. 94–62 inserted provision authorizing appropriations not to exceed $1,500,000 for the
transition period (July 1, through Sept. 30, 1976).
§1471. Definitions
As used in this chapter—
(1) "a substance other than convention oil" means those oils, noxious substances, liquefied
gases, and radioactive substances—
(A) enumerated in the protocol, or
(B) otherwise determined to be hazardous under section 1473(a) of this title;
(2) "convention" means the International Convention Relating to Intervention on the High Seas
in Cases of Oil Pollution Casualties, 1969, including annexes thereto;
(3) "convention oil" means crude oil, fuel oil, diesel oil, and lubricating oil;
(4) "Secretary" means the Secretary of the department in which the Coast Guard is operating;
(5) "ship" means—
(A) a seagoing vessel of any type whatsoever, and
(B) any floating craft, except an installation or device engaged in the exploration and
exploitation of the resources of the seabed and the ocean floor and the subsoil thereof;
(6) "protocol" means the Protocol Relating to Intervention on the High Seas in Cases of Marine
Pollution by Substances Other Than Oil, 1973, including annexes thereto; and
(7) "United States" means the States, the District of Columbia, the Commonwealth of Puerto
Rico, the Canal Zone, Guam, American Samoa, the United States Virgin Islands, the Trust
Territory of the Pacific Islands, the Commonwealth of the Northern Marianas, and any other
commonwealth, territory, or possession of the United States.
(Pub. L. 93–248, §2, Feb. 5, 1974, 88 Stat. 8; Pub. L. 95–302, §1(1), June 26, 1978, 92 Stat. 344.)
EDITORIAL NOTES
REFERENCES IN TEXT
For definition of Canal Zone, referred to in par. (7), see section 3602(b) of Title 22, Foreign Relations and
Intercourse.
AMENDMENTS
1978—Pub. L. 95–302 in cl. (1) substituted definition of "a substance other than convention oil" for
definition of "ship", in cl. (2) substituted definition of "convention" for definition of "oil", in cl. (3) substituted
definition of "convention oil" for definition of "convention", in cl. (5) substituted definition of "ship" for
definition of "United States", and added cls. (6) and (7).
EXECUTIVE DOCUMENTS
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48,
Territories and Insular Possessions.
§1472. Grave and imminent danger from oil pollution casualties to coastline or
related interests of United States; Federal nonliability for Federal preventive
measures on the high seas
Whenever a ship collision, stranding, or other incident of navigation or other occurrence on board
a ship or external to it resulting in material damage or imminent threat of material damage to the ship
or her cargo creates, as determined by the Secretary, a grave and imminent danger to the coastline or
related interests of the United States from pollution or threat of pollution of the sea by convention oil
or of the sea or atmosphere by a substance other than convention oil which may reasonably be
expected to result in major harmful consequences, the Secretary may, except as provided for in
section 1479 of this title, without liability for any damage to the owners or operators of the ship, to
her cargo or crew, to underwriters or other parties interested therein, take measures on the high seas,
in accordance with the provisions of the convention, the protocol and this chapter, to prevent,
mitigate, or eliminate that danger.
(Pub. L. 93–248, §3, Feb. 5, 1974, 88 Stat. 8; Pub. L. 95–302, §1(2), June 26, 1978, 92 Stat. 344.)
EDITORIAL NOTES
AMENDMENTS
1978—Pub. L. 95–302 substituted "convention oil or of the sea or atmosphere by a substance other than
convention oil" for "oil", and "convention, the protocol" for "Convention".
EDITORIAL NOTES
AMENDMENTS
1978—Pub. L. 95–302 added subsec. (a), designated existing provisions as subsec. (b), and inserted
"human health," before "fish".
§1476. Emergencies
In cases of extreme urgency requiring measures to be taken immediately, the Secretary may take
those measures rendered necessary by the urgency of the situation without the prior consultation or
notification as required by section 1475 of this title or without the continuation of consultations
already begun.
(Pub. L. 93–248, §7, Feb. 5, 1974, 88 Stat. 9.)
EXECUTIVE DOCUMENTS
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48,
Territories and Insular Possessions.
(b) In a criminal proceeding for an offense under paragraph (1) or (2) of subsection (a) of this
section it shall be a defense for the accused to prove that he used all due diligence to comply with
any order or direction that he had reasonable cause to believe that compliance would have resulted in
serious risk to human life.
(Pub. L. 93–248, §12, Feb. 5, 1974, 88 Stat. 10; Pub. L. 101–380, title IV, §4302(l), Aug. 18, 1990,
104 Stat. 539.)
EDITORIAL NOTES
AMENDMENTS
1990—Subsec. (a). Pub. L. 101–380 substituted "A person commits a class A misdemeanor if that person"
for "Any person who" in introductory provisions and struck out ", shall be fined not more than $10,000 or
imprisoned not more than one year, or both" after "under this chapter" in par. (3).
EDITORIAL NOTES
AMENDMENTS
1978—Subsec. (a). Pub. L. 95–302, §1(5)(A), inserted provisions relating to applicability of article II of the
protocol and provisions for proposal of amendments to the list of substances other than convention oil.
Subsec. (b). Pub. L. 95–302, §1(5)(B), substituted "protocol" for "annexes thereto".
Subsec. (c). Pub. L. 95–302, §1(5)(C), added subsec. (c).
EDITORIAL NOTES
AMENDMENTS
1978—Pub. L. 95–302 inserted ", the protocol," after "convention".
EDITORIAL NOTES
AMENDMENTS
1990—Pub. L. 101–380 amended section generally. Prior to amendment, section read as follows: "The
revolving fund established under section 1321(k) of this title shall be available to the Secretary for Federal
actions and activities under section 1474 of this title."
EDITORIAL NOTES
REFERENCES IN TEXT
The date the convention became effective as to the United States, referred to in text, is May 6, 1975.
(b) The Congress declares that nothing in this chapter shall be construed to affect the legal status
of the high seas, the superjacent airspace, or the seabed and subsoil, including the Continental Shelf.
(Pub. L. 93–627, §2, Jan. 3, 1975, 88 Stat. 2126; Pub. L. 104–324, title V, §502(b), Oct. 19, 1996,
110 Stat. 3925; Pub. L. 107–295, title I, §106(a)(1), Nov. 25, 2002, 116 Stat. 2086.)
EDITORIAL NOTES
AMENDMENTS
2002—Subsec. (a)(5), (6). Pub. L. 107–295 inserted "or natural gas" after "oil" wherever appearing.
1996—Subsec. (a)(5), (6). Pub. L. 104–324 added pars. (5) and (6).
EXECUTIVE DOCUMENTS
ENVIRONMENTAL EFFECTS ABROAD OF MAJOR FEDERAL ACTIONS
For provisions relating to environmental effects abroad of major Federal actions, see Ex. Ord. No. 12114,
Jan. 4, 1979, 44 F.R. 1957, set out as a note under section 4321 of Title 42, The Public Health and Welfare.
§1502. Definitions
As used in this chapter, unless the context otherwise requires, the term—
(1) "adjacent coastal State" means any coastal State which (A) would be directly connected by
pipeline to a deepwater port, as proposed in an application; (B) would be located within 15 miles
of any such proposed deepwater port; or (C) is designated by the Secretary in accordance with
section 1508(a)(2) of this title;
(2) "affiliate" means any entity owned or controlled by, any person who owns or controls, or
any entity which is under common ownership or control with an applicant, licensee, or any person
required to be disclosed pursuant to section 1504(c)(2)(A) or (B) of this title;
(3) "application" means an application submitted under this Act for a license for the ownership,
construction, and operation of a deepwater port;
(4) "citizen of the United States" means any person who is a United States citizen by law, birth,
or naturalization, any State, any agency of a State or a group of States, or any corporation,
partnership, or association organized under the laws of any State which has as its president or
other executive officer and as its chairman of the board of directors, or holder of a similar office, a
person who is a United States citizen by law, birth or naturalization and which has no more of its
directors who are not United States citizens by law, birth or naturalization than constitute a
minority of the number required for a quorum necessary to conduct the business of the board;
(5) "coastal environment" means the navigable waters (including the lands therein and
thereunder) and the adjacent shorelines including 1 waters therein and thereunder). The term
includes transitional and intertidal areas, bays, lagoons, salt marshes, estuaries, and beaches; the
fish, wildlife and other living resources thereof; and the recreational and scenic values of such
lands, waters and resources;
(6) "coastal State" means any State of the United States in or bordering on the Atlantic, Pacific,
or Arctic Oceans, or the Gulf of Mexico;
(7) "construction" means the supervising, inspection, actual building, and all other activities
incidental to the building, repairing, or expanding of a deepwater port or any of its components,
including, but not limited to, pile driving and bulkheading, and alterations, modifications, or
additions to the deepwater port;
(8) "control" means the power, directly or indirectly, to determine the policy, business practices,
or decisionmaking process of another person, whether by stock or other ownership interest, by
representation on a board of directors or similar body, by contract or other agreement with
stockholders or others, or otherwise;
(9) "deepwater port"—
(A) means any fixed or floating manmade structure other than a vessel, or any group of such
structures, that are located beyond State seaward boundaries and that are used or intended for
use as a port or terminal for the transportation, storage, or further handling of oil or natural gas
for transportation to or from any State, except as otherwise provided in section 1522 of this title,
and for other uses not inconsistent with the purposes of this chapter, including transportation of
oil or natural gas from the United States outer continental shelf;
(B) includes all components and equipment, including pipelines, pumping stations, service
platforms, buoys, mooring lines, and similar facilities to the extent they are located seaward of
the high water mark;
(C) in the case of a structure used or intended for such use with respect to natural gas,
includes all components and equipment, including pipelines, pumping or compressor stations,
service platforms, buoys, mooring lines, and similar facilities that are proposed or approved for
construction and operation as part of a deepwater port, to the extent that they are located
seaward of the high water mark and do not include interconnecting facilities; and
(D) shall be considered a "new source" for purposes of the Clean Air Act (42 U.S.C. 7401 et
seq.), and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
(10) "Governor" means the Governor of a State or the person designated by State law to
exercise the powers granted to the Governor pursuant to this chapter;
(11) "licensee" means a citizen of the United States holding a valid license for the ownership,
construction, and operation of a deepwater port that was issued, transferred, or renewed pursuant
to this chapter;
(12) "marine environment" includes the coastal environment, waters of the contiguous zone, and
waters of the high seas; the fish, wildlife, and other living resources of such waters; and the
recreational and scenic values of such waters and resources;
(13) "natural gas" means either natural gas unmixed, or any mixture of natural or artificial gas,
including compressed or liquefied natural gas, natural gas liquids, liquefied petroleum gas, and
condensate recovered from natural gas;
(14) "oil" means petroleum, crude oil, and any substance refined from petroleum or crude oil;
(15) "person" includes an individual, a public or private corporation, a partnership or other
association, or a government entity;
(16) "safety zone" means the safety zone established around a deepwater port as determined by
the Secretary in accordance with section 1509(d) of this title;
(17) "Secretary" means the Secretary of Transportation;
(18) "State" includes each of the States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and the territories and possessions of the United States; and
(19) "vessel" means every description of watercraft or other artificial contrivance used as a
means of transportation on or through the water.
(Pub. L. 93–627, §3, Jan. 3, 1975, 88 Stat. 2127; Pub. L. 98–419, §2(a), Sept. 25, 1984, 98 Stat.
1607; Pub. L. 104–324, title V, §503, Oct. 19, 1996, 110 Stat. 3926; Pub. L. 107–295, title I,
§106(b), Nov. 25, 2002, 116 Stat. 2086; Pub. L. 109–58, title III, §321(b), Aug. 8, 2005, 119 Stat.
694; Pub. L. 112–213, title III, §312, Dec. 20, 2012, 126 Stat. 1569.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Clean Air Act, referred to in par. (9)(D), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which
is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
The Federal Water Pollution Control Act, as amended, referred to in par. (9)(D), is act June 30, 1948, ch.
758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to
chapter 26 (§1251 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 1251 of this title and Tables.
AMENDMENTS
2012—Par. (9)(A). Pub. L. 112–213 inserted "or from" before "any State".
2005—Par. (13). Pub. L. 109–58 inserted ", natural gas liquids, liquefied petroleum gas, and condensate
recovered from natural gas" before semicolon at end.
2002—Par. (9). Pub. L. 107–295, §106(b)(2), amended par. (9) generally. Prior to amendment, par. (9) read
as follows: " 'deepwater port' means any fixed or floating manmade structures other than a vessel, or any
group of structures, located beyond the territorial sea and off the coast of the United States and which are used
or intended for use as a port or terminal for the transportation, storage, and further handling of oil for
transportation to any State, except as otherwise provided in section 1522 of this title, and for other uses not
inconsistent with the purposes of this chapter, including transportation of oil from the United States outer
continental shelf. The term includes all associated components and equipment, including pipelines, pumping
stations, service platforms, mooring buoys, and similar appurtenances to the extent they are located seaward of
the high water mark. A deepwater port shall be considered a 'new source' for purposes of the Clean Air Act, as
amended, and the Federal Water Pollution Control Act, as amended;".
Pars. (13) to (19). Pub. L. 107–295, §106(b)(1), (3), added par. (13) and redesignated former pars. (13) to
(18) as (14) to (19), respectively.
1996—Pars. (3) to (8). Pub. L. 104–324, §503(a), redesignated pars. (4) to (9) as (3) to (8), respectively,
and struck out former par. (3) which read as follows: " 'antitrust laws' includes the Act of July 2, 1890, as
amended, the Act of October 15, 1914, as amended, the Federal Trade Commission Act (15 U.S.C. 41 et seq.),
and sections 73 and 74 of the Act of August 27, 1894, as amended;".
Par. (9). Pub. L. 104–324, §503(a)(2), (b), redesignated par. (10) as (9) and substituted "structures, located
beyond the territorial sea and off the coast of the United States and which are used or intended for use as a
port or terminal for the transportation, storage, and further handling of oil for transportation to any State,
except as otherwise provided in section 1522 of this title, and for other uses not inconsistent with the purposes
of this chapter, including transportation of oil from the United States outer continental shelf." for "such
structures, located beyond the territorial sea and off the coast of the United States and which are used or
intended for use as a port or terminal for the loading or unloading and further handling of oil for transportation
to any State, except as otherwise provided in section 1522 of this title." Former par. (9) redesignated (8).
Pars. (10) to (19). Pub. L. 104–324, §503(a)(2), redesignated pars. (11) to (19) as (10) to (18), respectively.
Former par. (10) redesignated (9).
1984—Par. (4). Pub. L. 98–419 substituted "means an application" for "means any application", struck out
designation "(A)" before "for a license", and struck out cls. (B) and (C) which provided that "application"
meant any application submitted under this chapter for transfer of any license referred to in this paragraph, or
for any substantial change in any of the conditions and provisions of any such license.
EXECUTIVE DOCUMENTS
TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES
For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No.
7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.
the Secretary shall not issue a license under this chapter until he has examined and compared the
economic, social, and environmental effects of the construction and operation of the deepwater port
with the economic, social and environmental effects of the construction, expansion, deepening, and
operation of such State port, and has determined which project best serves the national interest or
that both developments are warranted. The Secretary's determination shall be discretionary and
nonreviewable.
(e) Additional conditions; removal requirements, waiver; Outer Continental Shelf Lands Act
applicable to utilization of components upon waiver of removal requirements
(1) In issuing a license for the ownership, construction, and operation of a deepwater port, the
Secretary shall prescribe those conditions which the Secretary deems necessary to carry out the
provisions and requirements of this chapter 2 or which are otherwise required by any Federal
department or agency pursuant to the terms of this chapter.2 To the extent practicable, conditions
required to carry out the provisions and requirements of this chapter 2 shall be addressed in license
conditions rather than by regulation and, to the extent practicable, the license shall allow a deepwater
port's operating procedures to be stated in an operations manual, approved by the Coast Guard, in
accordance with section 1509(a) of this title, rather than in detailed and specific license conditions or
regulations; except that basic standards and conditions shall be addressed in regulations. On petition
of a licensee, the Secretary shall review any condition of a license issued under this chapter to
determine if that condition is uniform, insofar as practicable, with the conditions of other licenses
issued under this chapter, reasonable, and necessary to meet the objectives of this chapter. The
Secretary shall amend or rescind any condition that is no longer necessary or otherwise required by
any Federal department or agency under this chapter.
(2) No license shall be issued, transferred, or renewed under this chapter unless the licensee or
transferee first agrees in writing that (A) there will be no substantial change from the plans,
operational systems, and methods, procedures, and safeguards set forth in his license, as approved,
without prior approval in writing from the Secretary; and (B) he will comply with any condition the
Secretary may prescribe in accordance with the provisions of this chapter.
(3) The Secretary shall establish such bonding requirements or other assurances as he deems
necessary to assure that, upon the revocation or termination of a license, the licensee will remove all
components of the deepwater port. In the case of components lying in the subsoil below the seabed,
the Secretary is authorized to waive the removal requirements if he finds that such removal is not
otherwise necessary and that the remaining components do not constitute any threat to navigation or
to the environment. At the request of the licensee, the Secretary, after consultation with the Secretary
of the Interior, is authorized to waive the removal requirement as to any components which he
determines may be utilized in connection with the transportation of oil, natural gas, or other
minerals, pursuant to a lease granted under the provisions of the Outer Continental Shelf Lands Act
[43 U.S.C. 1331 et seq.], after which waiver the utilization of such components shall be governed by
the terms of the Outer Continental Shelf Lands Act.
(f) Amendments, transfers, and reinstatements
The Secretary may amend, transfer, or reinstate a license issued under this chapter 2 if the
Secretary finds that the amendment, transfer, or reinstatement is consistent with the requirements of
this chapter.
(g) Eligible citizens
Any citizen of the United States who otherwise qualifies under the terms of this chapter shall be
eligible to be issued a license for the ownership, construction, and operation of a deepwater port.
(h) Term of license
A license issued under this chapter remains in effect unless suspended or revoked by the Secretary
or until surrendered by the licensee.
(i) Liquefied natural gas facilities
To promote the security of the United States, the Secretary shall give top priority to the processing
of a license under this chapter for liquefied natural gas facilities that will be supplied with or that will
supply liquefied natural gas by United States flag vessels.
(Pub. L. 93–627, §4, Jan. 3, 1975, 88 Stat. 2128; Pub. L. 98–419, §2(b)–(e), Sept. 25, 1984, 98 Stat.
1607; Pub. L. 101–380, title II, §2003(a)(1), Aug. 18, 1990, 104 Stat. 507; Pub. L. 104–324, title V,
§504, Oct. 19, 1996, 110 Stat. 3926; Pub. L. 107–295, title I, §106(a)(2), Nov. 25, 2002, 116 Stat.
2086; Pub. L. 109–241, title III, §304(b), July 11, 2006, 120 Stat. 527; Pub. L. 113–281, title III,
§307(c), Dec. 18, 2014, 128 Stat. 3045.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Clean Air Act, referred to in subsec. (c)(6), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended,
which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and
Tables.
The Federal Water Pollution Control Act, as amended, referred to in subsec. (c)(6), is act June 30, 1948, ch.
758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to
chapter 26 (§1251 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 1251 of this title and Tables.
The Marine Protection, Research and Sanctuaries Act, referred to subsec. (c)(6), probably means Pub. L.
92–532, Oct. 23, 1972, 86 Stat. 1052, as amended, known as the Marine Protection, Research, and Sanctuaries
Act of 1972, which is classified generally to chapters 27 (§1401 et seq.) and 41 (§2801 et seq.) of this title and
chapters 32 (§1431 et seq.) and 32A (§1447 et seq.) of Title 16, Conservation. For complete classification of
this Act to the Code, see Short Title note set out under section 1401 of this title and Tables.
The Coastal Zone Management Act of 1972, referred to in subsec. (c)(9), is title III of Pub. L. 89–454, as
added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, as amended, which is classified generally to chapter 33
(§1451 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title
note set out under section 1451 of Title 16 and Tables.
This chapter, referred to first three times in subsec. (e)(1) and first time in subsec. (f), was in the original
"this title" and was translated as reading "this Act", meaning Pub. L. 93–627, which is classified generally to
this chapter, to reflect the probable intent of Congress, because Pub. L. 93–627 does not contain titles.
The Outer Continental Shelf Lands Act, referred to in subsec. (e)(3), is act Aug. 7, 1953, ch. 345, 67 Stat.
462, as amended, which is classified generally to subchapter III (§1331 et seq.) of chapter 29 of Title 43,
Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section
1301 of Title 43 and Tables.
AMENDMENTS
2014—Subsec. (i). Pub. L. 113–281 inserted "or that will supply" after "be supplied with".
2006—Subsec. (i). Pub. L. 109–241 added subsec. (i).
2002—Subsec. (a). Pub. L. 107–295 inserted "or natural gas" after "oil".
1996—Subsec. (a). Pub. L. 104–324, §504(a), struck out at end "A deepwater port, licensed pursuant to the
provisions of this chapter, may not be utilized—
"(1) for the loading and unloading of commodities or materials (other than oil) transported from the
United States, other than materials to be used in the construction, maintenance, or operation of the high seas
oil port, to be used as ship supplies, including bunkering for vessels utilizing the high seas oil port,
"(2) for the transshipment of commodities or materials, to the United States, other than oil,
"(3) except in cases where the Secretary otherwise by rule provides, for the transshipment of oil,
destined for locations outside the United States."
Subsec. (c)(7) to (10). Pub. L. 104–324, §504(b), redesignated pars. (8) to (10) as (7) to (9), respectively,
and struck out former par. (7) which read as follows: "he has received the opinions of the Federal Trade
Commission and the Attorney General, pursuant to section 1506 of this title, as to whether issuance of the
license would adversely affect competition, restrain trade, promote monopolization, or otherwise create a
situation in contravention of the antitrust laws;".
Subsec. (e)(1). Pub. L. 104–324, §504(c), substituted "In issuing a license for the ownership, construction,
and operation of a deepwater port, the Secretary shall prescribe those conditions which the Secretary deems
necessary to carry out the provisions and requirements of this chapter or which are otherwise required by any
Federal department or agency pursuant to the terms of this chapter. To the extent practicable, conditions
required to carry out the provisions and requirements of this chapter shall be addressed in license conditions
rather than by regulation and, to the extent practicable, the license shall allow a deepwater port's operating
procedures to be stated in an operations manual, approved by the Coast Guard, in accordance with section
1509(a) of this title, rather than in detailed and specific license conditions or regulations; except that basic
standards and conditions shall be addressed in regulations." for "In issuing a license for the ownership,
construction, and operation of a deepwater port, the Secretary shall prescribe any conditions which he deems
necessary to carry out the provisions of this chapter, or which are otherwise required by any Federal
department or agency pursuant to the terms of this chapter."
Subsec. (e)(2). Pub. L. 104–324, §504(d), substituted "his license" for "his application".
Subsec. (f). Pub. L. 104–324, §504(e), inserted heading and amended text generally. Prior to amendment,
text read as follows: "The Secretary may amend, transfer, or reinstate a license issued under this chapter if the
amendment, transfer, or reinstatement is consistent with the findings made at the time the license was issued."
1990—Subsec. (c)(1). Pub. L. 101–380 substituted "section 2716 of this title" for "section 1517(l) of this
title;".
1984—Subsec. (b). Pub. L. 98–419, §2(b), substituted provisions authorizing the Secretary, on application,
to issue a license for the ownership, construction, and operation of a deepwater port and, on petition of the
licensee, to amend, transfer, or reinstate a license issued under this chapter for provisions which had
authorized the Secretary, upon application and in accordance with the provisions of this chapter, to issue,
transfer, amend, or renew a license for the ownership, construction, and operation of a deepwater port.
Subsec. (e)(1). Pub. L. 98–419, §2(e), inserted provision that on petition of a licensee, the Secretary shall
review any condition of a license issued under this chapter to determine if that condition is uniform, insofar as
practicable, with the conditions of other licenses issued under this chapter and is reasonable, and necessary to
meet the objectives of this chapter, and that the Secretary shall amend or rescind any condition that is no
longer necessary or otherwise required by any Federal department or agency under this chapter.
Subsec. (f). Pub. L. 98–419, §2(c), substituted provisions authorizing the Secretary to amend, transfer, or
reinstate a license issued under this chapter if the amendment, transfer, or reinstatement is consistent with the
findings made at the time the license was issued for provisions which had authorized the Secretary to transfer
such licenses if the Secretary determined that such transfer was in the public interest and that the transferee
met the requirements of this chapter and the prerequisites to issuance under subsec. (c) of this section.
Subsec. (h). Pub. L. 98–419, §2(d), substituted provision that a license issued under this chapter remain in
effect unless suspended or revoked by the Secretary or until surrendered by the licensee for provisions which
had limited the terms of licenses to not more than 20 years and which had granted each licensee a preferential
right of renewal for not more than 10 years, subject to subsec. (c), upon such conditions and for such term as
determined by the Secretary to be reasonable and appropriate.
§1504. Procedure
(a) Regulations; issuance, amendment, or rescission; scope
The Secretary shall, as soon as practicable after January 3, 1975, and after consultation with other
Federal agencies, issue regulations to carry out the purposes and provisions of this chapter in
accordance with the provisions of section 553 of title 5, without regard to subsection (a) thereof.
Such regulations shall pertain to, but need not be limited to, application, issuance, transfer, renewal,
suspension, and termination of licenses. Such regulations shall provide for full consultation and
cooperation with all other interested Federal agencies and departments and with any potentially
affected coastal State, and for consideration of the views of any interested members of the general
public. The Secretary is further authorized, consistent with the purposes and provisions of this
chapter, to amend or rescind any such regulation.
(b) Additional regulations; criteria for site evaluation and preconstruction testing
The Secretary, in consultation with the Secretary of the Interior and the Administrator of the
National Oceanic and Atmospheric Administration, shall, as soon as practicable after January 3,
1975, prescribe regulations relating to those activities involved in site evaluation and preconstruction
testing at potential deepwater port locations that may (1) adversely affect the environment; (2)
interfere with authorized uses of the Outer Continental Shelf; or (3) pose a threat to human health
and welfare. Such activity may thenceforth not be undertaken except in accordance with regulations
prescribed pursuant to this subsection. Such regulations shall be consistent with the purposes of this
chapter.
(c) Plans; submittal to Secretary of Transportation; publication in Federal Register;
application contents; exemption
(1) Any person making an application under this chapter shall submit detailed plans to the
Secretary. Within 21 days after the receipt of an application, the Secretary shall determine whether
the application appears to contain all of the information required by paragraph (2) hereof. If the
Secretary determines that such information appears to be contained in the application, the Secretary
shall, no later than 5 days after making such a determination, publish notice of the application and a
summary of the plans in the Federal Register. If the Secretary determines that all of the required
information does not appear to be contained in the application, the Secretary shall notify the
applicant and take no further action with respect to the application until such deficiencies have been
remedied.
(2) Each application shall include such financial, technical, and other information as the Secretary
deems necessary or appropriate. Such information shall include, but need not be limited to—
(A) the name, address, citizenship, telephone number, and the ownership interest in the
applicant, of each person having any ownership interest in the applicant of greater than 3 per
centum;
(B) to the extent feasible, the name, address, citizenship, and telephone number of any person
with whom the applicant has made, or proposes to make, a significant contract for the construction
or operation of the deepwater port and a copy of any such contract;
(C) the name, address, citizenship, and telephone number of each affiliate of the applicant and
of any person required to be disclosed pursuant to subparagraphs (A) or (B) of this paragraph,
together with a description of the manner in which such affiliate is associated with the applicant or
any person required to be disclosed under subparagraph (A) or (B) of this paragraph;
(D) the proposed location and capacity of the deepwater port, including all components thereof;
(E) the type and design of all components of the deepwater port and any storage facilities
associated with the deepwater port;
(F) with respect to construction in phases, a detailed description of each phase, including
anticipated dates of completion for each of the specific components thereof;
(G) the location and capacity of existing and proposed storage facilities and pipelines which
will store or transport oil transported through the deepwater port, to the extent known by the
applicant or any person required to be disclosed pursuant to subparagraphs (A), (B), or (C) of this
paragraph;
(H) with respect to any existing and proposed refineries which will receive oil transported
through the deepwater port, the location and capacity of each such refinery and the anticipated
volume of such oil to be refined by each such refinery, to the extent known by the applicant or any
person required to be disclosed pursuant to subparagraphs (A), (B), or (C) of this paragraph;
(I) the financial and technical capabilities of the applicant to construct or operate the deepwater
port;
(J) other qualifications of the applicant to hold a license under this chapter;
(K) the nation of registry for, and the nationality or citizenship of officers and crew serving on
board, vessels transporting natural gas that are reasonably anticipated to be servicing the
deepwater port;
(L) a description of procedures to be used in constructing, operating, and maintaining the
deepwater port, including systems of oil spill prevention, containment, and cleanup; and
(M) such other information as may be required by the Secretary to determine the environmental
impact of the proposed deepwater port.
(3) Upon written request of any person subject to this subsection, the Secretary may make a
determination in writing to exempt such person from any of the informational filing provisions
enumerated in this subsection or the regulations implementing this section if the Secretary
determines that such information is not necessary to facilitate the Secretary's determinations under
section 1503 of this title and that such exemption will not limit public review and evaluation of the
deepwater port project.
(d) Application area; publication in Federal Register; "application area" defined; submission
of other applications; notice of intent and submission of completed applications; denial of
pending application prior to consideration of other untimely applications
(1) At the time notice of an application is published pursuant to subsection (c) of this section, the
Secretary shall publish a description in the Federal Register of an application area encompassing the
deepwater port site proposed by such application and within which construction of the proposed
deepwater port would eliminate, at the time such application was submitted, the need for any other
deepwater port within that application area.
(2) As used in this section, "application area" means any reasonable geographical area within
which a deepwater port may be constructed and operated. Such application area shall not exceed a
circular zone, the center of which is the principal point of loading and unloading at the port, and the
radius of which is the distance from such point to the high water mark of the nearest adjacent coastal
State.
(3) The Secretary shall accompany such publication with a call for submission of any other
applications for licenses for the ownership, construction, and operation of a deepwater port within
the designated application area. Persons intending to file applications for such license shall submit a
notice of intent to file an application with the Secretary not later than 60 days after the publication of
notice pursuant to subsection (c) of this section and shall submit the completed application no later
than 90 days after publication of such notice. The Secretary shall publish notice of any such
application received in accordance with subsection (c) of this section. No application for a license for
the ownership, construction, and operation of a deepwater port within the designated application area
for which a notice of intent to file was received after such 60-day period, or which is received after
such 90-day period has elapsed, shall be considered until the application pending with respect to
such application area have been denied pursuant to this chapter.
(4) This subsection shall not apply to deepwater ports for natural gas.
(e) Recommendations to Secretary of Transportation; application for all Federal
authorizations; copies of application to Federal agencies and departments with jurisdiction;
recommendation of approval or disapproval and of manner of amendment to comply with
laws or regulations
(1) Not later than 30 days after January 3, 1975, the Secretary of the Interior, the Administrator of
the Environmental Protection Agency, the Chief of Engineers of the United States Army Corps of
Engineers, the Administrator of the National Oceanic and Atmospheric Administration, and the
heads of any other Federal departments or agencies having expertise concerning, or jurisdiction over,
any aspect of the construction or operation of deepwater ports shall transmit to the Secretary written
comments as to their expertise or statutory responsibilities pursuant to this chapter or any other
Federal law.
(2) An application filed with the Secretary shall constitute an application for all Federal
authorizations required for ownership, construction, and operation of a deepwater port. At the time
notice of any application is published pursuant to subsection (c) of this section, the Secretary shall
forward a copy of such application to those Federal agencies and departments with jurisdiction over
any aspect of such ownership, construction, or operation for comment, review, or recommendation as
to conditions and for such other action as may be required by law. Each agency or department
involved shall review the application and, based upon legal considerations within its area of
responsibility, recommend to the Secretary, the approval or disapproval of the application not later
than 45 days after the last public hearing on a proposed license for a designated application area. In
any case in which the agency or department recommends disapproval, it shall set forth in detail the
manner in which the application does not comply with any law or regulation within its area of
responsibility and shall notify the Secretary how the application may be amended so as to bring it
into compliance with the law or regulation involved.
(f) NEPA compliance
For all applications, the Secretary, in cooperation with other involved Federal agencies and
departments, shall comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4332) [42
U.S.C. 4321 et seq.]. Such compliance shall fulfill the requirement of all Federal agencies in carrying
out their responsibilities under the National Environmental Policy Act of 1969 pursuant to this
chapter.
(g) Public notice and hearings; evidentiary hearing in District of Columbia; decision of
Secretary based on evidentiary record; consolidation of hearings
A license may be issued only after public notice and public hearings in accordance with this
subsection. At least one such public hearing shall be held in each adjacent coastal State. Any
interested person may present relevant material at any hearing. After hearings in each adjacent
coastal State are concluded if the Secretary determines that there exists one or more specific and
material factual issues which may be resolved by a formal evidentiary hearing, at least one
adjudicatory hearing shall be held in accordance with the provisions of section 554 of title 5 in the
District of Columbia. The record developed in any such adjudicatory hearing shall be basis for the
Secretary's decision to approve or deny a license. Hearings held pursuant to this subsection shall be
consolidated insofar as practicable with hearings held by other agencies. All public hearings on all
applications for any designated application area shall be consolidated and shall be concluded not
later than 240 days after notice of the initial application has been published pursuant to subsection
(c) of this section.
(h) Nonrefundable application fee; processing costs; State fees; "land-based facilities directly
related to a deepwater port facility" defined; fair market rental value, advance payment
(1) Each person applying for a license pursuant to this chapter shall remit to the Secretary at the
time the application is filed a nonrefundable application fee established by regulation by the
Secretary. In addition, an applicant shall also reimburse the United States and the appropriate
adjacent coastal State for any additional costs incurred in processing an application.
(2) Notwithstanding any other provision of this chapter, and unless prohibited by law, an adjacent
coastal State may fix reasonable fees for the use of a deepwater port facility, and such State and any
other State in which land-based facilities directly related to a deepwater port facility are located may
set reasonable fees for the use of such land-based facilities. Fees may be fixed under authority of this
paragraph as compensation for any economic cost attributable to the construction and operation of
such deepwater port and such land-based facilities, which cannot be recovered under other authority
of such State or political subdivision thereof, including, but not limited to, ad valorem taxes, and for
environmental and administrative costs attributable to the construction and operation of such
deepwater port and such land-based facilities. Fees under this paragraph shall not exceed such
economic, environmental, and administrative costs of such State. Such fees shall be subject to the
approval of the Secretary. As used in this paragraph, the term "land-based facilities directly related to
a deepwater port facility" means the onshore tank farm and pipelines connecting such tank farm to
the deepwater port facility.
(3) A licensee shall pay annually in advance the fair market rental value (as determined by the
Secretary of the Interior) of the subsoil and seabed of the Outer Continental Shelf of the United
States to be utilized by the deepwater port, including the fair market rental value of the right-of-way
necessary for the pipeline segment of the port located on such subsoil and seabed.
(i) Application approval; period for determination; priorities; criteria for determination of
application best serving national interest
(1) The Secretary shall approve or deny any application for a designated application area
submitted pursuant to this chapter not later than 90 days after the last public hearing on a proposed
license for that area.
(2) In the event more than one application is submitted for an application area, the Secretary,
unless one of the proposed deepwater ports clearly best serves the national interest, shall issue a
license according to the following order of priorities:
(A) to an adjacent coastal State (or combination of States), any political subdivision thereof, or
agency or instrumentality, including a wholly owned corporation of any such government;
(B) to a person who is neither (i) engaged in producing, refining, or marketing oil, nor (ii) an
affiliate of any person who is engaged in producing, refining, or marketing oil or an affiliate of
any such affiliate;
(C) to any other person.
(3) In determining whether any one proposed deepwater port clearly best serves the national
interest, the Secretary shall consider the following factors:
(A) the degree to which the proposed deepwater ports affect the environment, as determined
under criteria established pursuant to section 1505 of this title;
(B) any significant differences between anticipated completion dates for the proposed
deepwater ports; and
(C) any differences in costs of construction and operation of the proposed deepwater ports, to
the extent that such differential may significantly affect the ultimate cost of oil to the consumer.
(4) The Secretary shall approve or deny any application for a deepwater port for natural gas
submitted pursuant to this chapter not later than 90 days after the last public hearing on a proposed
license. Paragraphs (1), (2), and (3) of this subsection shall not apply to an application for a
deepwater port for natural gas.
(j) LNG tankers
(1) Program
The Secretary of Transportation shall develop and implement a program to promote the
transportation of liquefied natural gas to and from the United States on United States flag vessels.
(2) Information to be provided
When the Coast Guard is operating as a contributing agency in the Federal Energy Regulatory
Commission's shoreside licensing process for a liquefied natural gas or liquefied petroleum gas
terminal located on shore or within State seaward boundaries, the Coast Guard shall provide to the
Commission the information described in subsection (c)(2)(K) with respect to vessels reasonably
anticipated to be servicing that port.
(Pub. L. 93–627, §5, Jan. 3, 1975, 88 Stat. 2131; Pub. L. 98–419, §2(f), Sept. 25, 1984, 98 Stat.
1607; Pub. L. 104–324, title V, §505, Oct. 19, 1996, 110 Stat. 3927; Pub. L. 107–295, title I,
§106(c), (f), (g), Nov. 25, 2002, 116 Stat. 2086–2088; Pub. L. 109–241, title III, §304(c)(1), July 11,
2006, 120 Stat. 527; Pub. L. 111–281, title IX, §903(d), Oct. 15, 2010, 124 Stat. 3011; Pub. L.
116–283, div. G, title LVXXXV [LXXXV], §8502(b)(2), Jan. 1, 2021, 134 Stat. 4747.)
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (f), is Pub. L. 91–190, Jan. 1, 1970,
83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under
section 4321 of Title 42 and Tables.
AMENDMENTS
2021—Subsec. (j). Pub. L. 116–283 added subsec. (j).
2010—Subsec. (c)(2)(K). Pub. L. 111–281 realigned margin.
2006—Subsec. (c)(2)(K) to (M). Pub. L. 109–241 added subpar. (K) and redesignated former subpars. (K)
and (L) as (L) and (M), respectively.
2002—Subsec. (d)(4). Pub. L. 107–295, §106(c)(1), added par. (4).
Subsec. (f). Pub. L. 107–295, §106(f), substituted "NEPA compliance" for "Environmental impact
statement for single application area; criteria" in heading and amended text generally. Prior to amendment,
text read as follows: "For all timely applications covering a single application area, the Secretary, in
cooperation with other involved Federal agencies and departments, shall, pursuant to section 4332(2)(C) of
title 42, prepare a single, detailed environmental impact statement, which shall fulfill the requirement of all
Federal agencies in carrying out their responsibilities pursuant to this chapter to prepare an environmental
impact statement. In preparing such statement the Secretary shall consider the criteria established under
section 1505 of this title."
Subsec. (h)(2). Pub. L. 107–295, §106(g), inserted "and unless prohibited by law," after "Notwithstanding
any other provision of this chapter,".
Subsec. (i)(4). Pub. L. 107–295, §106(c)(2), added par. (4).
1996—Subsec. (c)(3). Pub. L. 104–324 added par. (3).
1984—Subsec. (g). Pub. L. 98–419 substituted "issued" for "issued, transferred, or renewed".
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act, referred to in subsec. (a), probably means the National
Environmental Policy Act of 1969, Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to
chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
§1506. Repealed. Pub. L. 104–324, title V, §506, Oct. 19, 1996, 110 Stat. 3927
Section, Pub. L. 93–627, §7, Jan. 3, 1975, 88 Stat. 2135; Pub. L. 98–419, §2(g), (h), Sept. 25, 1984, 98 Stat.
1607, provided for antitrust review by Attorney General and Federal Trade Commission prior to issuance of
license for ownership, construction, and operation of deepwater port.
§1507. Common carrier status
(a) Status of deepwater ports and storage facilities
A deepwater port and a storage facility serviced directly by that deepwater port shall operate as a
common carrier under applicable provisions of part I of the Interstate Commerce Act and subtitle IV
of title 49, and shall accept, transport, or convey without discrimination all oil delivered to the
deepwater port with respect to which its license is issued, except as provided by subsection (b) of
this section.
(b) Discrimination prohibition; exceptions
A licensee is not discriminating under this section and is not subject to common carrier regulations
under subsection (a) of this section when that licensee—
(1) is subject to effective competition for the transportation of oil from alternative transportation
systems; and
(2) sets its rates, fees, charges, and conditions of service on the basis of competition, giving
consideration to other relevant business factors such as the market value of services provided,
licensee's cost of operation, and the licensee's investment in the deepwater port and a storage
facility, and components thereof, serviced directly by that deepwater port.
(c) Enforcement, suspension, or termination proceedings
When the Secretary has reason to believe that a licensee is not in compliance with this section, the
Secretary shall commence an appropriate proceeding before the Federal Energy Regulatory
Commission or request the Attorney General to take appropriate steps to enforce compliance with
this section and, when appropriate, to secure the imposition of appropriate sanctions. In addition, the
Secretary may suspend or revoke the license of a licensee not complying with its obligations under
this section.
(d) Managed access
Subsections (a) and (b) shall not apply to deepwater ports for natural gas. A licensee of a
deepwater port for natural gas, or an affiliate thereof, may exclusively utilize the entire capacity of
the deepwater port and storage facilities for the acceptance, transport, storage, regasification, or
conveyance of natural gas produced, processed, marketed, or otherwise obtained by agreement by
such licensee or its affiliates. The licensee may make unused capacity of the deepwater port and
storage facilities available to other persons, pursuant to reasonable terms and conditions imposed by
the licensee, if such use does not otherwise interfere in any way with the acceptance, transport,
storage, regasification, or conveyance of natural gas produced, processed, marketed, or otherwise
obtained by agreement by such licensee or its affiliates.
(e) Jurisdiction
Notwithstanding any provision of the Natural Gas Act (15 U.S.C. 717 et seq.), any regulation or
rule issued thereunder, or section 1518 of this title as it pertains to such Act, this chapter shall apply
with respect to the licensing, siting, construction, or operation of a deepwater natural gas port or the
acceptance, transport, storage, regasification, or conveyance of natural gas at or through a deepwater
port, to the exclusion of the Natural Gas Act or any regulation or rule issued thereunder.
(Pub. L. 93–627, §8, Jan. 3, 1975, 88 Stat. 2136; Pub. L. 98–419, §3(a), Sept. 25, 1984, 98 Stat.
1608; Pub. L. 104–324, title V, §507, Oct. 19, 1996, 110 Stat. 3927; Pub. L. 107–295, title I,
§106(d), Nov. 25, 2002, 116 Stat. 2087.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Interstate Commerce Act, referred to in subsec. (a), is act Feb. 4, 1887, ch. 104, 24 Stat. 379, as
amended. Part I of the Act, which was classified to chapter 1 (§1 et seq.) of former Title 49, Transportation,
was repealed by Pub. L. 95-473, §4(b), Oct. 17, 1978, 92 Stat. 1467, the first section of which enacted subtitle
IV (§10101 et seq.) of Title 49. For distribution of former sections of Title 49 into the revised Title 49, see
Table at the beginning of Title 49.
The Natural Gas Act, referred to in subsec. (e), is act June 21, 1938, ch. 556, 52 Stat. 821, as amended,
which is classified generally to chapter 15B (§717 et seq.) of Title 15, Commerce and Trade. For complete
classification of this Act to the Code, see section 717w of Title 15 and Tables.
AMENDMENTS
2002—Subsecs. (d), (e). Pub. L. 107–295 added subsecs. (d) and (e).
1996—Subsec. (a). Pub. L. 104–324, §507(a), inserted "and shall accept, transport, or convey without
discrimination all oil delivered to the deepwater port with respect to which its license is issued," after "subtitle
IV of title 49,".
Subsec. (b). Pub. L. 104–324, §507(b), substituted "A licensee is not discriminating under this section and"
for "A licensee under this chapter shall accept, transport, or convey without discrimination all oil delivered to
the deepwater port with respect to which its license is issued. However, a licensee".
1984—Subsec. (a). Pub. L. 98–419 substituted provision that a deepwater port and a storage facility
serviced directly by that deepwater port shall operate as a common carrier under applicable provisions of part
I of the Interstate Commerce Act and subtitle IV of title 49 except as provided by subsec. (b), for provision
that such port and such facilities were subject to regulations as a common carrier in accordance with the
Interstate Commerce Act, as amended, for purposes of chapter 39 of title 18 and former sections 1 to 27 of
title 49.
Subsec. (b). Pub. L. 98–419 inserted provisions enumerating conditions under which a licensee is not
subject to common carrier regulations under subsec. (a). Provisions dealing with enforcement, suspension, or
termination proceedings, were redesignated as subsec. (c).
Subsec. (c). Pub. L. 98–419 redesignated a portion of provisions of subsec. (b) as subsec. (c), and in subsec.
(c) as so redesignated substituted provisions authorizing the Secretary to commence proceedings before the
Federal Energy Regulatory Commission, or to suspend or revoke licenses of noncomplying licensees, in the
event of noncompliance with this section, for provisions which had authorized the Secretary to commence
proceedings before the Interstate Commerce Commission or to suspend or terminate licenses of noncomplying
licensees as provided in section 1511 of this title, in the event of noncompliance by a licensee with its
obligations as a common carrier.
EDITORIAL NOTES
REFERENCES IN TEXT
The Coastal Zone Management Act of 1972, referred to in subsec. (c), is title III of Pub. L. 89–454 as added
by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, as amended, which is classified generally to chapter 33
(§1451 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title
note set out under section 1451 of Title 16, and Tables.
EDITORIAL NOTES
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–324, §507(a), inserted "and the provision of adequate opportunities for
public involvement" after "international law" and substituted "shall prescribe and enforce procedures, either
by regulation (for basic standards and conditions) or by the licensee's operations manual, with respect to" for
"shall prescribe by regulation and enforce procedures with respect to any deepwater port, including, but not
limited to,".
No proceeding under this subsection is necessary if the license, by its terms, provides for
automatic suspension or termination upon the occurrence of a fixed or agreed upon condition, event,
or time.
(b) Public health or safety; danger to environment; completion of proceedings
If the Secretary determines that immediate suspension of the construction or operation of a
deepwater port or any component thereof is necessary to protect public health or safety or to
eliminate imminent and substantial danger to the environment, he shall order the licensee to cease or
alter such construction or operation pending the completion of a judicial proceeding pursuant to
subsection (a) of this section.
(Pub. L. 93–627, §12, Jan. 3, 1975, 88 Stat. 2138.)
EDITORIAL NOTES
CODIFICATION
In subsec. (a), "chapter" substituted for "title" to conform to other substitutions for "Act" and as reflecting
intent of Congress manifest throughout Pub. L. 93–627 in the use of the term "Act".
EDITORIAL NOTES
REFERENCES IN TEXT
The Interstate Commerce Act, referred to in subsec. (a), is act Feb. 4, 1887, ch. 104, 24 Stat. 379, as
amended. Part I of the Act, which was classified to chapter 1 (§1 et seq.) of former Title 49, Transportation,
was repealed by Pub. L. 95-473, §4(b), Oct. 17, 1978, 92 Stat. 1467, the first section of which enacted subtitle
IV (§10101 et seq.) of Title 49. For distribution of former sections of Title 49 into the revised Title 49, see
Table at the beginning of Title 49.
§1513. Public access to information
(a) Inspection of copies; reproduction costs; protected information
Copies of any communication, document, report, or information transmitted between any official
of the Federal Government and any person concerning a deepwater port (other than contracts
referred to in section 1504(c)(2)(B) of this title) shall be made available to the public for inspection,
and shall be available for the purpose of reproduction at a reasonable cost, to the public upon
identifiable request, unless such information may not be publicly released under the terms of
subsection (b) of this section. Except as provided in subsection (b) of this section, nothing contained
in this section shall be construed to require the release of any information of the kind described in
subsection (b) of section 552 of title 5 or which is otherwise protected by law from disclosure to the
public.
(b) Information disclosure prohibition; confidentiality of certain disclosures
The Secretary shall not disclose information obtained by him under this chapter that concerns or
relates to a trade secret, referred to in section 1905 of title 18, or to a contract referred to in section
1504(c)(2)(B) of this title, except that such information may be disclosed, in a manner which is
designed to maintain confidentiality—
(1) to other Federal and adjacent coastal State government departments and agencies for official
use, upon request;
(2) to any committee of Congress having jurisdiction over the subject matter to which the
information relates, upon request;
(3) to any person in any judicial proceeding, under a court order formulated to preserve such
confidentiality without impairing the proceedings; and
(4) to the public in order to protect health and safety, after notice and opportunity for comment
in writing or for discussion in closed session within fifteen days by the party to which the
information pertains (if the delay resulting from such notice and opportunity for comment would
not be detrimental to the public health and safety).
(Pub. L. 93–627, §14, Jan. 3, 1975, 88 Stat. 2139.)
§1514. Remedies
(a) Criminal penalties
Any person who willfully violates any provision of this chapter or any rule, order, or regulation
issued pursuant thereto commits a class A misdemeanor for each day of violation.
(b) Orders of compliance; Attorney General's civil action; jurisdiction and venue
(1) Whenever on the basis of any information available to him the Secretary finds that any person
is in violation of any provision of this chapter or any rule, regulation, order, license, or condition
thereof, or other requirements under this chapter, he shall issue an order requiring such person to
comply with such provision or requirement, or he shall bring a civil action in accordance with
paragraph (3) of this subsection.
(2) Any order issued under this subsection shall state with reasonable specificity the nature of the
violation and a time for compliance, not to exceed thirty days, which the Secretary determines is
reasonable, taking into account the seriousness of the violation and any good faith efforts to comply
with applicable requirements.
(3) Upon a request by the Secretary, the Attorney General shall commence a civil action for
appropriate relief, including a permanent or temporary injunction or a civil penalty not to exceed
$25,000 per day of such violation, for any violation for which the Secretary is authorized to issue a
compliance order under paragraph (1) of this subsection. Any action under this subsection may be
brought in the district court of the United States for the district in which the defendant is located or
resides, or is doing business, and such court shall have jurisdiction to restrain such violation, require
compliance, or impose such penalty.
(c) Attorney General's action for equitable relief; scope of relief
Upon a request by the Secretary, the Attorney General shall bring an action in an appropriate
district court of the United States for equitable relief to redress a violation by any person of any
provision of this chapter, any regulation under this chapter, or any license condition. The district
courts of the United States shall have jurisdiction to grant such relief as is necessary or appropriate,
including mandatory or prohibitive injunctive relief, interim equitable relief, compensatory damages,
and punitive damages.
(d) Vessels; liability in rem; exempt vessels; consent or privy of owners or bareboat charterers
Any vessel, except a public vessel engaged in noncommercial activities, used in a violation of this
chapter or of any rule or regulation issued pursuant to this chapter, shall be liable in rem for any civil
penalty assessed or criminal fine imposed and may be proceeded against in any district court of the
United States having jurisdiction thereof; but no vessel shall be liable unless it shall appear that one
or more of the owners, or bareboat charterers, was at the time of the violation, a consenting party or
privy to such violation.
(Pub. L. 93–627, §15, Jan. 3, 1975, 88 Stat. 2140; Pub. L. 101–380, title IV, §4302(m), Aug. 18,
1990, 104 Stat. 539.)
EDITORIAL NOTES
AMENDMENTS
1990—Subsec. (a). Pub. L. 101–380 substituted "commits a class A misdemeanor for each day of violation"
for "shall on conviction be fined not more than $25,000 for each day of violation or imprisoned for not more
than 1 year, or both".
In suits brought under this chapter, the district court shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the parties, to enforce any provision of this chapter or
any condition of a license issued pursuant to this chapter, or to order the Secretary to perform such
act or duty, as the case may be.
(b) Notice; intervention of right by person
No civil action may be commenced—
(1) under subsection (a)(1) of this section—
(A) prior to 60 days after the plaintiff has given notice of the violation (i) to the Secretary and
(ii) to any alleged violator; or
(B) if the Secretary or the Attorney General has commenced and is diligently prosecuting a
civil or criminal action with respect to such matters in a court of the United States, but in any
such action any person may intervene as a matter of right; or
(2) under subsection (a)(2) of this section prior to 60 days after the plaintiff has given notice of
such action to the Secretary.
Notice under this subsection shall be given in such a manner as the Secretary shall prescribe by
regulation.
(c) Intervention of right by Secretary or Attorney General
In any action under this section, the Secretary or the Attorney General, if not a party, may
intervene as a matter of right.
(d) Costs of litigation; attorney and witness fees
The Court, in issuing any final order in any action brought pursuant to subsection (a) of this
section, may award costs of litigation (including reasonable attorney and expert witness fees) to any
party whenever the court determines that such an award is appropriate.
(e) Statutory or common law rights unaffected
Nothing in this section shall restrict any right which any person (or class of persons) may have
under any statute or common law to seek enforcement or to seek any other relief.
(Pub. L. 93–627, §16, Jan. 3, 1975, 88 Stat. 2140.)
§1517. Repealed. Pub. L. 101–380, title II, §2003(a)(2), Aug. 18, 1990, 104 Stat.
507
Section, Pub. L. 93–627, §18, Jan. 3, 1975, 88 Stat. 2141; Pub. L. 98–419, §4(a), Sept. 25, 1984, 98 Stat.
1608, set penalties for discharge of oil into marine environment and provided for creation and maintenance of
a Deepwater Port Liability Fund.
§1517a. Omitted
EDITORIAL NOTES
CODIFICATION
Section, Pub. L. 101–164, title I, Nov. 21, 1989, 103 Stat. 1073, which authorized Secretary of
Transportation to issue, and Secretary of the Treasury to purchase, notes or other obligations to meet
obligations of Deepwater Port Liability Fund, applied to fiscal year ending Sept. 30, 1990, and was not
repeated in subsequent appropriation acts.
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 100–457, title I, Sept. 30, 1988, 102 Stat. 2128.
Pub. L. 100–202, §101(l) [title I], Dec. 22, 1987, 101 Stat. 1329–358, 1329–361.
Pub. L. 99–500, §101(l) [H.R. 5205, title I], Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591,
§101(l) [H.R. 5205, title I], Oct. 30, 1986, 100 Stat. 3341–308.
Pub. L. 99–190, §101(e) [title I], Dec. 19, 1985, 99 Stat. 1267, 1270.
Pub. L. 98–473, title I, §101(i) [title I], Oct. 12, 1984, 98 Stat. 1944, 1947.
Pub. L. 98–78, title I, Aug. 15, 1983, 97 Stat. 455.
Pub. L. 97–369, title I, Dec. 18, 1982, 95 Stat. 1767.
Pub. L. 97–102, title I, Dec. 23, 1981, 95 Stat. 1444.
Pub. L. 97–12, title I, June 5, 1981, 95 Stat. 67.
The Secretary of State shall promptly inform licensees of deepwater ports of all objections
received from governments of foreign states in response to notifications made under this paragraph.
(b) Law of nearest adjacent coastal State as applicable Federal law; Federal administration
and enforcement of such law; nearest adjacent coastal State defined
The law of the nearest adjacent coastal State, now in effect or hereafter adopted, amended, or
repealed, is declared to be the law of the United States, and shall apply to any deepwater port
licensed pursuant to this chapter, to the extent applicable and not inconsistent with any provision or
regulation under this chapter or other Federal laws and regulations now in effect or hereafter
adopted, amended, or repealed. All such applicable laws shall be administered and enforced by the
appropriate officers and courts of the United States. For purposes of this subsection, the nearest
adjacent coastal State shall be that State whose seaward boundaries, if extended beyond 3 miles,
would encompass the site of the deepwater port.
(c) Vessels of United States and foreign states subject to Federal jurisdiction; objections to
jurisdiction; designation of agent for service of process; duty of licensee
(1) The jurisdiction of the United States shall apply to vessels of the United States and persons on
board such vessels. The jurisdiction of the United States shall also apply to vessels, and persons on
board such vessels, registered in or flying the flags of foreign states, whenever such vessels are—
(A) calling at or otherwise utilizing a deepwater port; and
(B) are within the safety zone of such a deepwater port, and are engaged in activities connected,
associated, or potentially interfering with the use and operation of the deepwater port.
The jurisdiction of the United States under this paragraph shall not, however, apply to vessels
registered in or flying the flag of any foreign state that has objected to the application of such
jurisdiction.
(2) Except in a situation involving force majeure, a licensee shall not permit a vessel registered in
or flying the flag of a foreign state to call at or otherwise utilize a deepwater port licensed under this
chapter unless—
(A)(i) the foreign state involved, by specific agreement with the United States, has agreed to
recognize the jurisdiction of the United States over the vessels registered in or flying the flag of
that state and persons on board such vessels in accordance with the provisions of paragraph (1) of
this subsection, while the vessel is located within the safety zone, or
(ii) the foreign state has not objected to the application of the jurisdiction of the United States to
any vessel, or persons on board such vessel, while the vessel is located within the safety zone; and
(B) the vessel owner or operator has designated an agent in the United States for receipt of
service of process in the event of any claim or legal proceeding resulting from activities of the
vessel or its personnel while located within such a safety zone.
(3) For purposes of paragraph (2)(A)(ii) of this subsection, a licensee shall not be obliged to
prohibit a call at or use of a deepwater port by a vessel registered in or flying the flag of an objecting
state unless the licensee has been informed by the Secretary of State as required by subsection (a)(3)
of this section.
(d) Customs laws inapplicable to deepwater port; duties and taxes on foreign articles imported
into customs territory of United States
The customs laws administered by the Secretary of the Treasury shall not apply to any deepwater
port licensed under this chapter, but all foreign articles to be used in the construction of any such
deepwater port, including any component thereof, shall first be made subject to all applicable duties
and taxes which would be imposed upon or by reason of their importation if they were imported for
consumption in the United States. Duties and taxes shall be paid thereon in accordance with laws
applicable to merchandise imported into the customs territory of the United States.
(e) Federal district courts; original jurisdiction; venue
The United States district courts shall have original jurisdiction of cases and controversies arising
out of or in connection with the construction and operation of deepwater ports, and proceedings with
respect to any such case or controversy may be instituted in the judicial district in which any
defendant resides or may be found, or in the judicial district of the adjacent coastal State nearest the
place where the cause of action arose.
(Pub. L. 93–627, §19(a)–(e), Jan. 3, 1975, 88 Stat. 2145, 2146; Pub. L. 98–419, §5(a), (b), Sept. 25,
1984, 98 Stat. 1609.)
EDITORIAL NOTES
CODIFICATION
Section 19(f) of Pub. L. 93–627 amended section 1333(a)(2) of Title 43, Public Lands.
AMENDMENTS
1984—Subsec. (a)(3). Pub. L. 98–419, §5(a), added par. (3).
Subsec. (c)(1). Pub. L. 98–419, §5(b), added par. (1). Former cl. (1) redesignated cl. (A)(i) of par. (2).
Subsec. (c)(2). Pub. L. 98–419, §5(b), redesignated existing provisions of subsec. (c) as par. (2)(A)(i) and
(B) thereof, substituted reference to provisions of par. (1) for former reference to provisions of this chapter in
par. (2)(A)(i) as so redesignated, and added par. (2)(A)(ii).
Subsec. (c)(3). Pub. L. 98–419, §5(b), added par. (3).
§1519. Repealed. Pub. L. 104–66, title I, §1121(a), Dec. 21, 1995, 109 Stat. 724
Section, Pub. L. 93–627, §20, Jan. 3, 1975, 88 Stat. 2146, related to annual report and recommendations by
Secretary of Transportation to Congress.
The President shall report to the Congress the actions taken, the progress achieved, the areas of
disagreement, and the matters about which more information is needed, together with his
recommendations for further action.
(Pub. L. 93–627, §22, Jan. 3, 1975, 88 Stat. 2147.)
EDITORIAL NOTES
AMENDMENTS
1977—Pub. L. 95–36 authorized appropriations of not to exceed $2,500,000 per fiscal year for fiscal years
ending Sept. 30, 1977, Sept. 30, 1978, Sept. 30, 1979, and Sept. 30, 1980.
§1601. Definitions
For the purposes of this chapter—
(1) "vessel" means every description of watercraft, including nondisplacement craft and
seaplanes, used or capable of being used as a means of transportation on water; and
(2) "high seas" means all parts of the sea that are not included in the territorial sea or in the
internal waters of any nation.
(Pub. L. 95–75, §2, July 27, 1977, 91 Stat. 308.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in opening par., was in the original "this Act", meaning Pub. L. 95–75, July 27,
1977, 91 Stat. 308, known as the "International Navigational Rules Act of 1977", which enacted this chapter,
repealed sections 1051 to 1094 of this title, enacted provisions set out as notes under this section, and repealed
provision set out as a note under section 1051 of this title.
EDITORIAL NOTES
PRIOR PROVISIONS
The original rules for the prevention of collisions on the water were contained in R.S. §4233, which
consisted of 26 rules, R.S. §4412, which authorized the board of supervising inspectors to establish such
regulations to be observed by all steam vessels in passing each other, as they should from time to time deem
necessary for safety, and provided that copies of such regulations should be furnished to all of such vessels, to
be kept posted up in conspicuous places in such vessels, and R.S. §4413, which prescribed a penalty for
neglecting or willfully refusing to observe the regulations established pursuant to said section 4412.
The rules prescribed by R.S. §4233 were superseded as to navigation on the high seas and in all coast
waters of the United States, except such as were otherwise provided for, by the adoption of the "Revised
International Regulations" by act March 3, 1885, ch. 354, 23 Stat. 438, which rules were superseded by the
passage and adoption of act Aug. 19, 1890, ch. 802, 26 Stat. 322, section 1 of which enacted a set of
regulations for preventing collisions at sea to be followed by all public and private vessels of the United States
upon the high seas and in all waters connected therewith, navigable by seagoing vessels.
Act Aug. 19, 1890, ch. 802, §1, consisted of 31 articles. Section 2 of act Aug. 19, 1890, ch. 802, repealed
all laws and parts of laws inconsistent with the regulations for preventing collisions at sea for the navigation of
all public and private vessels of the United States upon the high seas, and in all waters connected therewith
navigable by seagoing vessels, prescribed by section 1 of that act.
The rules prescribed by R.S. §4233, were further superseded as to navigation on the Great Lakes and their
connecting and tributary waters as far east as Montreal by act Feb. 8, 1895, ch. 64, 28 Stat. 645, section 1 of
which enacted rules for preventing collisions to be followed in the navigation of all public and private vessels
of the United States upon the Great Lakes and their connecting and tributary waters as far east as Montreal.
Section 1 contained 28 articles. Section 2 of the act Feb. 8, 1895, ch. 64, prescribed a fine for violations of the
act. Section 3 of the act Feb. 8, 1895, ch. 64, gave the Secretary of the Treasury authority to establish all
necessary regulations not inconsistent with the act, necessary to carry the act into effect, and gave the Board of
Supervising Inspectors of the United States authority to establish such regulations to be observed by all steam
vessels in passing each other, not inconsistent with the act, as they should from time to time deem necessary,
and provided that the regulations so adopted, when approved by the Secretary of the Treasury, should have the
force of law. Section 4 of the act Feb. 8, 1895, ch. 64, repealed all laws or parts of laws, so far as applicable to
the navigation of the Great Lakes and their connecting and tributary waters as far east as Montreal,
inconsistent with the rules promulgated by the act.
The rules prescribed by R.S. §4233, and by R.S. §§4412, 4414, and the regulations pursuant thereto, were
required to be followed on the harbors, rivers, and inland waters of the United States, and the provisions of
said sections were made special rules, duly made by local authority, relative to the navigation of harbors,
rivers, and inland waters, as provided for by article 30 of the act Aug. 19, 1890, ch. 802, §1, by act Feb. 19,
1895, ch. 102, §1, 28 Stat. 672. Section 2 of the act Feb. 19, 1895, ch. 102, authorized the Secretary of the
Treasury to designate and define by the suitable bearing or range with light houses, light vessels, buoys, or
coast objects, the lines dividing the high seas from rivers, harbors, and inland waters. Section 3 of the act Feb.
19, 1895, ch. 102, required collectors or other chief officers of the customs to require sail vessels to be
furnished with proper signal lights, and prescribed a penalty to be assessed against vessels navigated without
complying with the statutes of the United States, or the regulations lawfully made thereunder. Section 4 of the
act Feb. 19, 1895, ch. 102, provided that the words "inland waters" should not be held to include the Great
Lakes and their connecting and tributary waters as far east as Montreal, and provided that the act should not
modify or affect the provisions of act Feb. 8, 1895, ch. 64, which was the act prescribing rules for preventing
collisions to be followed in the navigation of all public and private vessels upon the Great Lakes and their
connecting and tributary waters as far east as Montreal.
The rules prescribed by R.S. §4233, were further superseded as to the navigation of all harbors, rivers, and
inland waters of the United States, except the Great Lakes and their connecting and tributary waters as far east
as Montreal and the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries,
by act June 7, 1897, ch. 4, 30 Stat. 96, section 1 of which enacted a set of regulations for preventing collisions,
to be followed by all vessels navigating all harbors, rivers, and inland waters of the United States, except the
Great Lakes and their connecting and tributary waters as far east as Montreal and the Red River of the North
and rivers emptying into the Gulf of Mexico and their tributaries. Said section 1 consisted of 31 articles.
Section 2 of the act June 7, 1897, ch. 4, authorized the supervising inspectors of steam-vessels and the
Supervising Inspector-General to establish rules to be observed by steam vessels in passing each other and as
to the lights to be carried by ferry-boats and by barges and canal-boats, when in tow of steam-vessels, not
inconsistent with the provisions of the act, such rules, when approved by the Secretary of the Treasury, to be
special rules duly made by local authority, as provided for by article 30 of the act Aug. 19, 1890, ch. 802, §1
which article provided that nothing in the rules contained in that act should interfere with the operation of
special rules, duly made by local authority, relative to the navigation of any harbor, river, or inland waters.
Section 3 of the act June 7, 1897, ch. 4, prescribed a penalty for violations of the provisions of the act or the
regulations established pursuant to section 2. Section 4 of the act June 7, 1897, ch. 4, also prescribed a penalty
to be assessed against vessels navigated without compliance with the provisions of the act. Section 5 of the act
June 7, 1897, ch. 4, repealed R.S. §§4233, 4412 (with the regulations made in pursuance thereof, except the
rules and regulations for the government of pilots of steamers navigating the Red River of the North and rivers
emptying into the Gulf of Mexico and their tributaries, and except the rules for the Great Lakes and their
connecting and tributary waters as far east as Montreal), §4413, act March 3, 1893, ch. 202, 27 Stat. 557,
which amended R.S. §4233, act Feb. 19, 1895, ch. 102, §§1, 3, and act March 3, 1897, ch. 389, §§5, 12, 13, 29
Stat. 689, 690, and all amendments thereto insofar as the harbors, rivers, and inland waters of the United
States (except the Great Lakes and their connecting and tributary waters as far east as Montreal and the Red
River of the North and rivers emptying into the Gulf of Mexico, and their tributaries) were concerned.
This legislation resulted in the following situation: Navigation on the high seas was governed by act Aug.
19, 1890, ch. 802, with its amendatory and supplementary acts, which was superseded by act Oct. 11, 1951,
ch. 495, formerly set forth in chapter 2 of this title; navigation on all harbors, rivers, and inland waters of the
United States, except the Great Lakes and their connecting and tributary waters as far east as Montreal and the
Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries, was governed by act
June 7, 1897, ch. 4, as amended, formerly set forth in chapter 3 of this title; navigation on the Great Lakes and
their connecting and tributary waters as far east as Montreal was governed by act Feb. 8, 1895, ch. 64,
formerly set forth in section 301 et seq. of this title; and navigation on the Red River of the North and rivers
emptying into the Gulf of Mexico and their tributaries was governed by R.S. §4233, as amended and
supplemented, formerly set forth in section 301 et seq. of this title.
See also Codification notes to sections 154, 241, and 301 of this title.
Regulations for Preventing Collisions at Sea, 1948, approved by the International Conference on Safety of
Life at Sea, 1948, covering substantially the same subject matter included under these rules, were set out as
sections 143 to 147d of this title.
Regulations for Preventing Collisions at Sea, 1960, approved by the International Conference on the Safety
of Life at Sea, 1960, covering substantially the same subject matter included under these rules, were set out as
sections 1051 to 1094 of this title.
AMENDMENTS
2002—Subsec. (d)(3). Pub. L. 107–295 substituted "Transportation and Infrastructure" for "Merchant
Marine and Fisheries".
EXECUTIVE DOCUMENTS
EX. ORD. NO. 11964. IMPLEMENTATION OF CONVENTION ON THE INTERNATIONAL
REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972
Ex. Ord. No. 11964, Jan. 19, 1977, 42 F.R. 4327, provided:
By virtue of the authority vested in me by the Constitution and statutes of the United States of America,
including Section 301 of Title 3 of the United States Code, and as President of the United States of America
and Commander-in-Chief of the Armed Forces, in order to provide for the coming into force on July 15, 1977,
of the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (Senate Executive
W, 93d Cong., 1st Sess.), it is hereby ordered as follows:
SECTION 1. (a) With respect to vessels of special construction or purpose, the Secretary of the Navy, for
vessels of the Navy, and the Secretary of the Department in which the Coast Guard is operating, for all other
vessels, shall determine and certify, in accord with Rule I of the International Regulations for Preventing
Collisions at Sea, 1972, hereinafter referred to as the International Regulations, as to which such vessels
cannot comply fully with the provisions of any of the International Regulations with respect to the number,
positions, range or arc of visibility of lights or shapes, as well as to the disposition and characteristics of
sound-signalling appliances, without interfering with the special function of the vessel.
(b) With respect to vessels for which a certification is issued, the Secretary issuing the certification shall
certify as to such other provisions which are the closest possible compliance by that vessel with the
International Regulations.
(c) Notice of any certification issued shall be published in the FEDERAL REGISTER.
SEC. 2. The Secretary of the Navy is authorized to promulgate special rules with respect to additional
station or signal lights or whistle signals for ships of war or vessels proceeding under convoy, and the
Secretary of the Department in which the Coast Guard is operating is authorized, to the extent permitted by
law, including the provisions of Title 14 of the United States Code, to promulgate special rules with respect to
additional station or signal lights for fishing vessels engaged in fishing as a fleet. In accord with Rule I of the
International Regulations, the additional station or signal lights or whistle signals contained in the special rules
shall be, as far as possible, such as they cannot be mistaken for any light or signal authorized by the
International Regulations. Notice of such special rules for fishing vessels shall be published in the FEDERAL
REGISTER.
SEC. 3. The Secretary of the Navy, for vessels of the Navy, and the Secretary of the Department in which
the Coast Guard is operating, for all other vessels, are authorized to exempt, in accord with Rule 38 of the
International Regulations, any vessel or class of vessels, the keel of which is laid, or which is at a
corresponding stage of construction, before July 15, 1977, from full compliance with the International
Regulations, provided that such vessel or class of vessels complies with the requirements of the International
Regulations for Preventing Collisions at Sea, 1960. Notice of any exemption granted shall be published in the
FEDERAL REGISTER.
SEC. 4. The Secretary of the Department in which the Coast Guard is operating is authorized, to the extent
permitted by law, to promulgate such rules and regulations that are necessary to implement the provisions of
the Convention and International Regulations. He shall cause to be published in the FEDERAL REGISTER
any implementing regulations or interpretive rulings promulgated pursuant to this Order, and shall promptly
publish in the FEDERAL REGISTER the full text of the International Regulations.
GERALD R. FORD.
EX. ORD. NO. 12234. ENFORCEMENT OF CONVENTION FOR THE SAFETY OF LIFE AT SEA,
1974
Ex. Ord. No. 12234, Sept. 3, 1980, 45 F.R. 58801, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America,
and in order to implement the International Convention for the Safety of Life at Sea, 1974, it is hereby ordered
as follows:
1–101. The International Convention for the Safety of Life at Sea, 1974, signed at London on November 1,
1974, and proclaimed by the President of the United States on January 28, 1980 (TIAS 9700), entered into
force for the United States on May 25, 1980.
1–102. The Secretary of State, the Secretary of the Department in which the Coast Guard is operating, the
Secretary of Commerce, and the Federal Communications Commission shall (a) perform those functions
prescribed in the Convention that are within their respective areas of responsibility, and (b) cooperate and
assist each other in carrying out those functions.
1–103. (a) The Secretary of the Department in which the Coast Guard is operating, or the head of any other
Executive agency authorized by law, shall be responsible for the issuance of certificates as required by the
Convention.
(b) If a certificate is to include matter that pertains to functions vested by law in another Executive agency,
the issuing agency shall first ascertain from the other Executive agency the decision regarding that matter. The
decision of that agency shall be final and binding on the issuing agency.
1–104. The Secretary of the Department in which the Coast Guard is operating may use the services of the
American Bureau of Shipping as long as that Bureau is operated in compliance with Section 25 of the Act of
June 5, 1920, as amended (46 U.S.C. 881), to perform the functions under the Convention. The Secretary may
also use the services of the National Cargo Bureau to perform functions under Chapter VI (Carriage of Grain)
of the Convention.
1–105. The Secretary of the Department in which the Coast Guard is operating shall promulgate regulations
necessary to implement the provisions of the Convention.
1–106. To the extent that the International Convention for the Safety of Life at Sea, 1974, replaces and
abrogates the International Convention for the Safety of Life at Sea, 1960 (TIAS 5780), this Order supersedes
Executive Order No. 11239 of July 31, 1965, entitled "Enforcement of the Convention for the Safety of Life at
Sea, 1960."
1–107. Executive Order No. 10402 of October 30, 1952, entitled "Enforcement of the Convention for the
Safety of Life at Sea, 1948," is revoked.
JIMMY CARTER.
EDITORIAL NOTES
AMENDMENTS
1980—Subsec. (d). Pub. L. 96–591 added subsec. (d).
§1606. Special rules for ships of war, vessels proceeding under convoy, and
fishing vessels engaged in fishing as a fleet
(a) The Secretary of the Navy is authorized to promulgate special rules with respect to additional
station or signal lights or whistle signals for ships of war or vessels proceeding under convoy, and
the Secretary of the department in which the Coast Guard is operating is authorized to promulgate
special rules with respect to additional station or signal lights for fishing vessels engaged in fishing
as a fleet.
(b) The additional station or signal lights or whistle signals contained in the special rules
authorized under subsection (a) of this section shall be, as far as possible, such that they cannot be
mistaken for any light or signal authorized by the International Regulations. Notice of such special
rules shall be published in the Federal Register and, after the effective date specified in such notice,
they shall have effect as if they were a part of the International Regulations.
(Pub. L. 95–75, §7, July 27, 1977, 91 Stat. 310.)
EDITORIAL NOTES
AMENDMENTS
1980—Subsec. (a). Pub. L. 96–591, §6(3), substituted "$5,000" for "$500".
Subsec. (b). Pub. L. 96–591, §6(4), substituted "not more than $5,000" for "$500".
§§1701 to 1709. Repealed. Pub. L. 102–567, title II, §204, Oct. 29, 1992, 106 Stat.
4282
Section 1701, Pub. L. 95–273, §2, May 8, 1978, 92 Stat. 228; Pub. L. 99–272, title VI, §6071, Apr. 7, 1986,
100 Stat. 133, provided findings and purposes for chapter.
Section 1702, Pub. L. 95–273, §3, May 8, 1978, 92 Stat. 228; Pub. L. 99–272, title VI, §6072(1), Apr. 7,
1986, 100 Stat. 133; Pub. L. 100–636, §1(1)–(4), Nov. 8, 1988, 102 Stat. 3324, provided definitions for
chapter.
Section 1702a, Pub. L. 95–273, §3A, as added Pub. L. 99–272, title VI, §6072(2), Apr. 7, 1986, 100 Stat.
133; amended Pub. L. 100–636, §1(5)–(7), Nov. 8, 1988, 102 Stat. 3324, provided for a National Ocean
Pollution Program Office and a National Ocean Pollution Policy Board.
Section 1703, Pub. L. 95–273, §4, May 8, 1978, 92 Stat. 229; Pub. L. 96–255, §2, May 30, 1980, 94 Stat.
420; Pub. L. 97–375, title II, §202(c), Dec. 21, 1982, 96 Stat. 1822; Pub. L. 99–272, title VI, §6073, Apr. 7,
1986, 100 Stat. 134; Pub. L. 100–636, §1(5), Nov. 8, 1988, 102 Stat. 3324, provided for a comprehensive
Federal Plan relating to ocean pollution.
Section 1704, Pub. L. 95–273, §5, May 8, 1978, 92 Stat. 230; Pub. L. 100–636, §1(5), Nov. 8, 1988, 102
Stat. 3324, provided for a comprehensive ocean pollution program in NOAA.
Section 1705, Pub. L. 95–273, §6, May 8, 1978, 92 Stat. 231; Pub. L. 100–636, §1(5), Nov. 8, 1988, 102
Stat. 3324, provided for Federal financial assistance for programs under this chapter.
Section 1706, Pub. L. 95–273, §7, May 8, 1978, 92 Stat. 232; Pub. L. 100–636, §1(5), Nov. 8, 1988, 102
Stat. 3324, provided for interagency cooperation in carrying out this chapter.
Section 1707, Pub. L. 95–273, §8, May 8, 1978, 92 Stat. 232; Pub. L. 99–272, title VI, §6074, Apr. 7, 1986,
100 Stat. 135; Pub. L. 100–636, §1(5), Nov. 8, 1988, 102 Stat. 3324, provided for dissemination of
information on ocean and Great Lakes pollution research activities.
Section 1708, Pub. L. 95–273, §9, May 8, 1978, 92 Stat. 232, related to effect of this chapter on other laws.
Section 1709, Pub. L. 95–273, §10, May 8, 1978, 92 Stat. 232; Pub. L. 96–17, June 4, 1979, 93 Stat. 34;
Pub. L. 96–255, §1, May 30, 1980, 94 Stat. 420; Pub. L. 99–272, title VI, §6075, Apr. 7, 1986, 100 Stat. 135;
Pub. L. 100–636, §1(8), Nov. 8, 1988, 102 Stat. 3324, authorized appropriations to carry out this chapter.
§§1801, 1802. Repealed. Pub. L. 99–662, title XIV, §1405(b), Nov. 17, 1986, 100
Stat. 4271
Section 1801, Pub. L. 95–502, title II, §203, Oct. 21, 1978, 92 Stat. 1697, established Inland Waterways
Trust Fund. See section 9506 of Title 26, Internal Revenue Code.
Section 1802, Pub. L. 95–502, title II, §204, Oct. 21, 1978, 92 Stat. 1698, made Inland Waterways Trust
Fund available for expenditures for navigation construction and rehabilitation projects on inland waterways.
See section 9506 of Title 26.
§1803. Study with respect to inland waterway user taxes and charges
(a) Study directed
The Secretary of Transportation, and the Secretary of Commerce, in consultation with the
Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Energy, the Attorney
General of the United States, the Secretary of the Army, the Chairman of the Water Resources
Council, and the Director of the Office of Management and Budget, shall—
(1) make a full and complete study with respect to inland waterway user taxes and charges, and
(2) make findings and policy recommendations with respect thereto.
Such study shall include (but shall not be limited to) a consideration of the matters listed in
subsections (b), (c), (d), (e), and (f) of this section.
(b) Considerations relating to the taxing mechanism
(1) The extent to which the Federal Government should seek to recover some or all of Federal
expenditures for the benefit of inland waterway transportation from the users of the facilities for
which such expenditures are made.
(2) The various forms of inland waterway user taxes and charges which could be established.
(3) The various methods of collecting inland waterway user taxes and charges, and the
administrative costs of such taxes and charges.
(4) The classes and categories of users and other persons on whom inland waterway user taxes
and charges should be imposed.
(5) The waterways of the United States (including the Great Lakes, deep draft channels, and
coastal ports) which should be included in any system of user taxes and charges, together with the
economic effects of such taxes and charges.
(6) The use of revenues derived from inland waterway user taxes and charges, including
consideration of changes in, or alternatives to, the Trust Fund mechanism.
(c) Considerations relating to economic effects
The economic effects of waterway user taxes and charges on—
(1) Carriers and users
On—
(A) carriers and shippers using the inland waterways, and
(B) users (including ultimate consumers) of commodities which are transported on the inland
waterways.
(2) Regions, etc.
On—
(A) existing investment in industrial plants, agricultural interests, and commercial enterprises,
and on related employment, in regions of the country served by inland water transportation
directly or in combination with other modes, and
(B) future economic growth prospects in such regions, including anticipated shifts of industry
and employment to other areas together with an evaluation of effects on regional economies and
their development, including consistency with Federal policies as set forth in other legislation.
(3) Small business and industrial concentration and competition
On—
(A) small business enterprise, and
(B) industrial concentration and competition, both within the transportation industry and in
any line of commerce (within the meaning of the antitrust laws).
(4) Competitors
On the freight rates charged by other modes of transportation and the extent of short-term and
long-term diversion of traffic from the inland waterways to such other modes. In considering such
diversion of traffic, there shall also be considered the effects of such diversion on—
(A) the development of alternative sources of supply and on alternative modes of
transportation and alternative routing to market,
(B) the comparative safety of the handling and transportation of hazardous materials, and
(C) the comparative energy efficiency of the modes and routes of the transportation involved.
(5) Prices
On prices of commodities shipped by inland waterways and by competing modes, including the
costs of energy materials and the effects on electric power rates.
(6) Balance of payments
On the balance of payments of the United States based on our international trade.
(d) Considerations relating to economic feasibility of waterway improvement projects; level of
benefits from waterway expenditures
(1) The effects of inland waterway user taxes and charges on the economic feasibility of inland
waterway improvement projects.
(2) The comparative levels of benefits received from Federal expenditures on inland waterways
for—
(A) commercial uses, and
(B) other uses, including (but not limited to) recreation, reclamation, water supply, low-flow
augmentation, fish and wildlife enhancement, hydroelectric power, flood control, and irrigation
uses.
(e) Considerations relating to Federal assistance
(1) The extent of past, present, and expected future Federal assistance to the several modes of
freight transportation. Such consideration shall include an evaluation and comparison of the public
benefits resulting from such assistance to each of the several transportation modes in terms of
adequacy, efficiency, and economy of service, safety, technological progress, and energy
conservation. The Federal assistance considered under this paragraph shall include all forms of
such assistance, such as tax advantages, direct grants, rate adjustments for improvement purposes,
assumption of pension fund liabilities, loans, guarantees, capital participation, revenues from land
grants, and provision of right-of-way operation, maintenance, and improvement.
(2) The competitive effects of past, present, and expected future Federal expenditures on inland
waterways on competitive modes of transportation.
(3) The need for Federal assistance to agricultural, industrial, and other interests affected by
inland waterway user taxes and charges.
(f) Considerations relating to policy and future development
The effects of inland waterway user taxes and charges on—
(1) The achievement of the objectives of the National Transportation Policy as set forth in
sections 10101 and 13101 of title 49.
(2) The expansion and improvement of the inland waterways determined to be necessary by the
Secretary of the Army under section 158 of the Water Resources Development Act of 1976
(Public Law 94–587) or estimated to be necessary under paragraph (3).
(3) The requirements of the Nation through the year 2000 for transportation service, the portion
thereof which should be provided by inland waterway carriers, and an estimate of the expansion
and improvement of inland waterway capacity necessary to meet such requirements.
(g) "Inland waterway user taxes and charges" defined
For purposes of this section, the term "inland waterway user taxes and charges" means taxes
imposed on the use of the inland and intracoastal waterways of the United States and all alternatives
to such taxes.
(h) Report
Not later than September 30, 1981, the Secretary of Transportation shall transmit to Congress a
final report of the study required by this section, together with his findings and recommendations
(including necessary legislation) and the findings and recommendations of the Secretary of
Commerce, the Secretary of the Treasury, the Secretary of Agriculture, the Secretary of Energy, the
Attorney General of the United States, the Secretary of the Army, the Chairman of the Water
Resources Council, and the Director of the Office of Management and Budget.
(i) Authorization of appropriations
There are hereby authorized to be appropriated from time to time to the Secretary of
Transportation such sums, not to exceed $8,000,000 in the aggregate, as may be necessary to carry
out the study required by this section.
(Pub. L. 95–502, title II, §205, Oct. 21, 1978, 92 Stat. 1698; Pub. L. 104–88, title III, §338, Dec. 29,
1995, 109 Stat. 954.)
EDITORIAL NOTES
CODIFICATION
Section 158 of the Water Resources Development Act of 1976 (Public Law 94–587), referred to in subsec.
(f)(2), is section 158 of Pub. L. 94–587, Oct. 22, 1976, 90 Stat. 2933, which is set out as a note under section
540 of this title.
AMENDMENTS
1995—Subsec. (f)(1). Pub. L. 104–88 substituted "as set forth in sections 10101 and 13101 of title 49" for
"as set forth in the preamble to the Transportation Act of 1940".
EDITORIAL NOTES
REFERENCES IN TEXT
Section 1802 of this title, referred to in text, was repealed by Pub. L. 99–662, title XIV, §1405(b), Nov. 17,
1986, 100 Stat. 4271.
AMENDMENTS
1986—Pub. L. 99–514, in introductory provisions, substituted "Internal Revenue Code of 1986" for
"Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26" thus
requiring no change in text.
Par. (27). Pub. L. 99–662 added par. (27).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–662 effective Jan. 1, 1987, see section 1404(c) of Pub. L. 99–662 set out as a
note under section 4042 of Title 26, Internal Revenue Code.
§1901. Definitions
(a) Unless the context indicates otherwise, as used in this chapter—
(1) "Administrator" means the Administrator of the Environmental Protection Agency;
(2) "Antarctica" means the area south of 60 degrees south latitude;
(3) "Antarctic Protocol" means the Protocol on Environmental Protection to the Antarctic
Treaty, signed October 4, 1991, in Madrid, and all annexes thereto, and includes any future
amendments thereto which have entered into force;
(4) "MARPOL Protocol" means the Protocol of 1978 relating to the International Convention
for the Prevention of Pollution from Ships, 1973, and includes the Convention;
(5) "Convention" means the International Convention for the Prevention of Pollution from
Ships, 1973, including Protocols I and II and Annexes I, II, V, and VI thereto, including any
modification or amendments to the Convention, Protocols, or Annexes which have entered into
force for the United States;
(6) "discharge", "emission", "garbage", "harmful substance", and "incident" shall have the
meanings provided in the Convention;
(7) "navigable waters" includes the territorial sea of the United States (as defined in Presidential
Proclamation 5928 of December 27, 1988) and the internal waters of the United States;
(8) "owner" means any person holding title to, or in the absence of title, any other indicia of
ownership of, a ship or terminal, but does not include a person who, without participating in the
management or operation of a ship or terminal, holds indicia of ownership primarily to protect a
security interest in the ship or terminal;
(9) "operator" means—
(a) in the case of a ship, a charterer by demise or any other person, except the owner, who is
responsible for the operation, manning, victualing, and supplying of the vessel, or
(b) in the case of a terminal, any person, except the owner, responsible for the operation of
the terminal by agreement with the owner;
(10) "person" means an individual, firm, public or private corporation, partnership, association,
State, municipality, commission, political subdivision of a State, or any interstate body;
(11) "Secretary" means the Secretary of the department in which the Coast Guard is operating;
(12) "ship" means a vessel of any type whatsoever, including hydrofoils, air-cushion vehicles,
submersibles, floating craft whether self-propelled or not, and fixed or floating platforms;
(13) "submersible" means a submarine, or any other vessel designed to operate under water; and
(14) "terminal" means an onshore facility or an offshore structure located in the navigable
waters of the United States or subject to the jurisdiction of the United States and used, or intended
to be used, as a port or facility for the transfer or other handling of a harmful substance.
(b) For purposes of this chapter, the requirements of Annex V shall apply to the navigable waters
of the United States, as well as to all other waters and vessels over which the United States has
jurisdiction.
(c) For the purposes of this chapter, the requirements of Annex IV to the Antarctic Protocol shall
apply in Antarctica to all vessels over which the United States has jurisdiction.
(Pub. L. 96–478, §2, Oct. 21, 1980, 94 Stat. 2297; Pub. L. 100–220, title II, §2101, Dec. 29, 1987,
101 Stat. 1460; Pub. L. 103–160, div. A, title X, §1003(f), Nov. 30, 1993, 107 Stat. 1748; Pub. L.
104–227, title II, §201(a), Oct. 2, 1996, 110 Stat. 3042; Pub. L. 110–280, §3, July 21, 2008, 122 Stat.
2611.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 96–478, Oct. 21, 1980, 94
Stat. 2297, known as the "Act to Prevent Pollution from Ships", which is classified principally to this chapter.
For complete classification of this Act to the Code, see Short Title note below and Tables.
Presidential Proclamation 5928, referred to in subsec. (a)(7), is set out under section 1331 of Title 43,
Public Lands.
AMENDMENTS
2008—Subsec. (a). Pub. L. 110–280 added par. (1), redesignated pars. (1) to (5) as (2) to (6), respectively,
in par. (5) substituted "V, and VI" for "and V", in par. (6) substituted " 'discharge', 'emission', 'garbage',
'harmful substance', and 'incident' " for " 'discharge' and 'garbage' and 'harmful substance' and 'incident' ",
added par. (7), and redesignated pars. (6) to (12) as (8) to (14), respectively.
1996—Subsec. (a). Pub. L. 104–227, §201(a)(1), (2), added pars. (1) and (2) and redesignated former pars.
(1) to (10) as (3) to (12), respectively.
Subsec. (c). Pub. L. 104–227, §201(a)(3), added subsec. (c).
1993—Subsec. (a)(9), (10). Pub. L. 103–160 added par. (9) and redesignated former par. (9) as (10).
1987—Subsec. (a). Pub. L. 100–220, §2101(1), designated existing provisions as subsec. (a).
Subsec. (a)(1). Pub. L. 100–220, §2101(2), amended par. (1) generally. Prior to amendment, par. (1) read as
follows: " 'MARPOL Protocol' means the Protocol of 1978 Relating to the International Convention for the
Prevention of Pollution from Ships, 1973, done at London on February 17, 1978. This Protocol incorporates
and modifies the International Convention for the Prevention of Pollution from Ships, 1973, done at London
on November 2, 1973;".
Subsec. (a)(2). Pub. L. 100–220, §2101(3), substituted "Annexes I, II, and V thereto, including any
modification or amendments to the Convention, Protocols, or Annexes which have entered into force for the
United States" for "Annexes I and II attached thereto".
Subsec. (a)(3). Pub. L. 100–220, §2101(4), inserted "and 'garbage' ".
Subsec. (b). Pub. L. 100–220, §2101(5), added subsec. (b).
(C) to a ship that is entitled to fly the flag of, or operating under the authority of, a party to
Annex VI, and is in—
(i) the navigable waters or the exclusive economic zone of the United States;
(ii) an emission control area designated under section 1903 of this title; or
(iii) any other area that the Administrator, in consultation with the Secretary and each State
in which any part of the area is located, has designated by order as being an area from which
emissions from ships are of concern with respect to protection of public health, welfare, or
the environment; and
(D) to any other ship, to the extent that, and in the same manner as, such ship may be boarded
by the Secretary to implement or enforce any other law of the United States or Annex I, II, or V
of the Convention, and is in—
(i) the exclusive economic zone of the United States;
(ii) the navigable waters of the United States;
(iii) an emission control area designated under section 1903 of this title; or
(iv) any other area that the Administrator, in consultation with the Secretary and each State
in which any part of the area is located, has designated by order as being an area from which
emissions from ships are of concern with respect to protection of public health, welfare, or
the environment.
(b) Excluded vessels; discharge requirements
(1) Except as provided in paragraph (3), this chapter shall not apply to—
(A) a ship of the Armed Forces described in paragraph (2); or
(B) any other ship specifically excluded by the MARPOL Protocol or the Antarctic Protocol.
(2) A ship described in this paragraph is a ship that is owned or operated by the Secretary, with
respect to the Coast Guard, or by the Secretary of a military department, and that, as determined by
the Secretary concerned—
(A) has unique military design, construction, manning, or operating requirements; and
(B) cannot fully comply with the discharge requirements of Annex V to the Convention because
compliance is not technologically feasible or would impair the operations or operational capability
of the ship.
(3)(A) Notwithstanding any provision of the MARPOL Protocol, the requirements of Annex V to
the Convention shall apply to all ships referred to in subsection (a) other than those described in
paragraph (2).
(B) A ship that is described in paragraph (2) shall limit the discharge into the sea of garbage as
follows:
(i) The discharge into the sea of plastics, including synthetic ropes, synthetic fishing nets,
plastic garbage bags, and incinerator ashes from plastic products that may contain toxic chemicals
or heavy metals, or the residues thereof, is prohibited.
(ii) Garbage consisting of the following material may be discharged into the sea, subject to
subparagraph (C):
(I) A non-floating slurry of seawater, paper, cardboard, or food waste that is capable of
passing through a screen with openings no larger than 12 millimeters in diameter.
(II) Metal and glass that have been shredded and bagged (in compliance with clause (i)) so as
to ensure negative buoyancy.
(III) With regard to a submersible, nonplastic garbage that has been compacted and weighted
to ensure negative buoyancy.
(IV) Ash from incinerators or other thermal destruction systems not containing toxic
chemicals, heavy metals, or incompletely burned plastics.
(C)(i) Garbage described in subparagraph (B)(ii)(I) may not be discharged within 3 nautical miles
of land.
(ii) Garbage described in subclauses (II), (III), and (IV) of subparagraph (B)(ii) may not be
discharged within 12 nautical miles of land.
(D) Notwithstanding subparagraph (C), a ship described in paragraph (2) that is not equipped with
garbage-processing equipment sufficient to meet the requirements of subparagraph (B)(ii) may
discharge garbage that has not been processed in accordance with subparagraph (B)(ii) if such
discharge occurs as far as practicable from the nearest land, but in any case not less than—
(i) 12 nautical miles from the nearest land, in the case of food wastes and non-floating garbage,
including paper products, cloth, glass, metal, bottles, crockery, and similar refuse; and
(ii) 25 nautical miles from the nearest land, in the case of all other garbage.
(E) This paragraph shall not apply when discharge of any garbage is necessary for the purpose of
securing the safety of the ship, the health of the ship's personnel, or saving life at sea. In the event
that there is such a discharge, the discharge shall be reported to the Secretary, with respect to the
Coast Guard, or the Secretary concerned.
(F) This paragraph shall not apply during time of war or a national emergency declared by the
President or Congress.
(c) Application to other persons
This chapter shall apply to all persons to the extent necessary to ensure compliance with Annex VI
to the Convention.
(d) Discharges in special areas
(1) Except as provided in paragraphs (2) and (3), not later than December 31, 2000, all surface
ships owned or operated by the Department of the Navy, and not later than December 31, 2008, all
submersibles owned or operated by the Department of the Navy, shall comply with the special area
requirements of Regulation 5 of Annex V to the Convention.
(2)(A) Subject to subparagraph (B), any ship described in subparagraph (C) may discharge,
without regard to the special area requirements of Regulation 5 of Annex V to the Convention, the
following non-plastic, non-floating garbage:
(i) A slurry of seawater, paper, cardboard, or food waste that is capable of passing through a
screen with openings no larger than 12 millimeters in diameter.
(ii) Metal and glass that have been shredded and bagged so as to ensure negative buoyancy.
(iii) With regard to a submersible, nonplastic garbage that has been compacted and weighted to
ensure negative buoyancy.
(B)(i) Garbage described in subparagraph (A)(i) may not be discharged within 3 nautical miles of
land.
(ii) Garbage described in clauses (ii) and (iii) of subparagraph (A) may not be discharged within
12 nautical miles of land.
(C) This paragraph applies to any ship that is owned or operated by the Department of the Navy
that, as determined by the Secretary of the Navy—
(i) has unique military design, construction, manning, or operating requirements; and
(ii) cannot fully comply with the special area requirements of Regulation 5 of Annex V to the
Convention because compliance is not technologically feasible or would impair the operations or
operational capability of the ship.
(3)(A) Not later than December 31, 2000, the Secretary of the Navy shall prescribe and publish in
the Federal Register standards to ensure that each ship described in subparagraph (B) is, to the
maximum extent practicable without impairing the operations or operational capabilities of the ship,
operated in a manner that is consistent with the special area requirements of Regulation 5 of Annex
V to the Convention.
(B) Subparagraph (A) applies to surface ships that are owned or operated by the Department of the
Navy that the Secretary plans to decommission during the period beginning on January 1, 2001, and
ending on December 31, 2005.
(C) At the same time that the Secretary publishes standards under subparagraph (A), the Secretary
shall publish in the Federal Register a list of the ships covered by subparagraph (B).
(e) Discharge of agricultural cargo residue
Notwithstanding any other provision of law, the discharge from a vessel of any agricultural cargo
residue material in the form of hold washings shall be governed exclusively by the provisions of this
chapter that implement Annex V to the International Convention for the Prevention of Pollution from
Ships.
(f) Regulations
The Secretary or the Administrator, consistent with section 1903 of this title, shall prescribe
regulations applicable to the ships of a country not a party to the MARPOL Protocol (or the
applicable Annex), including regulations conforming to and giving effect to the requirements of
Annex V and Annex VI as they apply under subsection (a) of this section, to ensure that their
treatment is not more favorable than that accorded ships to parties to the MARPOL Protocol.
(g) Compliance by excluded vessels
(1) The Secretary of the Navy shall develop and, as appropriate, support the development of
technologies and practices for solid waste management aboard ships owned or operated by the
Department of the Navy, including technologies and practices for the reduction of the waste stream
generated aboard such ships, that are necessary to ensure the compliance of such ships with
subsection (b) of this section.
(2) Notwithstanding any effective date of the application of this section to a ship, the provisions of
Annex V to the Convention and subsection (b)(3)(B)(i) of this section with respect to the disposal of
plastic shall apply to ships equipped with plastic processors required for the long-term collection and
storage of plastic aboard ships of the Navy upon the installation of such processors in such ships.
(3) Except when necessary for the purpose of securing the safety of the ship, the health of the
ship's personnel, or saving life at sea, it shall be a violation of this chapter for a ship referred to in
subsection (b)(1)(A) of this section that is owned or operated by the Department of the Navy:
(A) With regard to a submersible, to discharge buoyant garbage or plastic.
(B) With regard to a surface ship, to discharge plastic contaminated by food during the last 3
days before the ship enters port.
(C) With regard to a surface ship, to discharge plastic, except plastic that is contaminated by
food, during the last 20 days before the ship enters port.
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsecs. (b)(1) and (e), was in the original "this Act", meaning Pub. L. 96–478,
Oct. 21, 1980, 94 Stat. 2297, known as the "Act to Prevent Pollution from Ships" which is classified
principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out
under section 1901 of this title and Tables.
Section 1003(e) of the National Defense Authorization Act for Fiscal Year 1994, referred to in subsecs.
(g)(4)(B) and (h), is section 1003(e) of Pub. L. 103–160, which is set out below.
Subsection (c) of this section, referred to in subsec. (h), was redesignated subsection (d) by Pub. L.
110–280, §4(3), July 21, 2008, 122 Stat. 2613.
AMENDMENTS
2021—Subsecs. (e) to (j). Pub. L. 116–283 added subsec. (e) and redesignated former subsecs. (e) to (i) as
(f) to (j), respectively.
2011—Subsec. (b). Pub. L. 112–81, §313(a), amended subsec. (b) generally. Prior to amendment, subsec.
(b) related to excluded vessels.
Subsec. (f)(1). Pub. L. 112–81, §313(b)(1), substituted "subsection (b)" for "Annex V to the Convention on
or before the dates referred to in subsections (b)(2)(A) and (c)(1)".
Subsec. (f)(2). Pub. L. 112–81, §313(b)(2), inserted "and subsection (b)(3)(B)(i) of this section" after
"Annex V to the Convention".
2008—Subsec. (a)(5). Pub. L. 110–280, §4(1), added par. (5).
Subsec. (b)(1). Pub. L. 110–280, §4(2)(A), substituted "paragraphs (2) and (3)," for "paragraph (2)," in
introductory provisions.
Subsec. (b)(3). Pub. L. 110–280, §4(2)(B), added par. (3).
Subsecs. (c), (d). Pub. L. 110–280, §4(3), added subsec. (c) and redesignated former subsec. (c) as (d).
Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 110–280, §4(4)(C), substituted "Protocol (or the applicable Annex), including
regulations conforming to and giving effect to the requirements of Annex V and Annex VI" for "Protocol,
including regulations conforming to and giving effect to the requirements of Annex V".
Pub. L. 110–280, §4(4)(B), made technical amendment to reference in original act which appears in text as
reference to "of this section" requiring no change in text.
Pub. L. 110–280, §4(4)(A), inserted "or the Administrator, consistent with section 1903 of this title," after
"Secretary".
Pub. L. 110–280, §4(3), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsecs. (f) to (h). Pub. L. 110–280, §4(3), redesignated subsecs. (e) to (g) as (f) to (h), respectively.
Subsec. (i). Pub. L. 110–280, §4(5), added subsec. (i).
1998—Subsec. (c)(2)(A)(iii). Pub. L. 105–261, §326(a)(1), added cl. (iii).
Subsec. (c)(2)(B)(ii). Pub. L. 105–261, §326(a)(2), substituted "clauses (ii) and (iii) of subparagraph (A)"
for "subparagraph (A)(ii)".
Subsec. (e)(3)(A). Pub. L. 105–261, §326(b), struck out "garbage that contains more than the minimum
amount practicable of" after "buoyant garbage or".
1996—Subsec. (b)(1)(B). Pub. L. 104–227 inserted "or the Antarctic Protocol" after "MARPOL Protocol".
Subsec. (c)(1). Pub. L. 104–201, §324(a)(1), substituted "Except as provided in paragraphs (2) and (3), not
later than" for "Not later than".
Subsec. (c)(2) to (4). Pub. L. 104–201, §324(a)(2), added pars. (2) and (3) and struck out former pars. (2) to
(4) which required the Secretary of the Navy to submit to Congress a plan for compliance of Navy ships with
the requirements set forth in par. (1) of this subsec. and provided for modification of the applicability of par.
(1) as appropriate.
Subsec. (e)(4)(A). Pub. L. 104–201, §324(d), amended subpar. (A) generally. Prior to amendment, subpar.
(A) read as follows: "Beginning on October 1, 1994, and each year thereafter until October 1, 2000, the
amount and nature of the discharges in special areas, not otherwise authorized under Annex V to the
Convention, during the preceding year from ships referred to in subsection (b)(1)(A) of this section owned or
operated by the Department of the Navy."
1993—Subsec. (b)(2)(A). Pub. L. 103–160, §1003(a), substituted "as follows:" and cls. (i) to (iii) for "after
5 years after the effective date of this paragraph to a ship referred to in paragraph (1)(A)."
Subsecs. (c), (d). Pub. L. 103–160, §1003(b), added subsec. (c) and redesignated former subsec. (c) as (d).
Former subsec. (d) redesignated (g).
Subsecs. (e), (f). Pub. L. 103–160, §1003(c), (d), added subsecs. (e) and (f).
Subsec. (g). Pub. L. 103–160, §1003(b)(1), redesignated subsec. (d) as (g).
1987—Subsec. (a). Pub. L. 100–220, §2102(a), amended subsec. (a) generally. Prior to amendment, subsec.
(a) read as follows: "This chapter applies to—
"(1) a ship of United States registry or nationality, or one operated under the authority of the United
States, wherever located;
"(2) a ship registered in or of the nationality of a country party to the MARPOL Protocol, or one
operated under the authority of a country party to the MARPOL Protocol, while in the navigable waters of
the United States; and
"(3) a ship registered in or of the nationality of a country not a party to the MARPOL Protocol, under
subsection (c) of this section, while in the navigable waters of the United States."
Subsec. (b). Pub. L. 100–220, §2102(b), amended subsec. (b) generally. Prior to amendment, subsec. (b)
read as follows: "This chapter does not apply to—
"(1) a warship, naval auxiliary, or other ship owned or operated by the United States when engaged in
noncommercial service; or
"(2) any other ship specifically excluded by the MARPOL Protocol."
Subsec. (c). Pub. L. 100–220, §2102(c), amended subsec. (c) generally. Prior to amendment, subsec. (c)
read as follows: "The Secretary shall prescribe regulations applicable to the ships of a country not a party to
the MARPOL Protocol to ensure that their treatment is not more favorable than that accorded ships of parties
to the MARPOL Protocol."
(5) No standard issued by any person or Federal authority, with respect to emissions from tank
vessels subject to regulation 15 of Annex VI to the Convention, shall be effective until 6 months
after the required notification to the International Maritime Organization by the Secretary.
(d) Utilization of personnel, facilities, or equipment of other Federal departments and agencies
The Secretary may utilize by agreement, with or without reimbursement, personnel, facilities, or
equipment of other Federal departments and agencies in administering the MARPOL Protocol, this
chapter, or the regulations thereunder.
(Pub. L. 96–478, §4, Oct. 21, 1980, 94 Stat. 2298; Pub. L. 100–220, title II, §2107, Dec. 29, 1987,
101 Stat. 1464; Pub. L. 104–227, title II, §201(c), Oct. 2, 1996, 110 Stat. 3042; Pub. L. 110–280, §5,
July 21, 2008, 122 Stat. 2613.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Clean Air Act, referred to in subsec. (b)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, which is
classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
The effective date of this paragraph, referred to in subsec. (c)(4)(C), is Dec. 31, 1988, the effective date of
section 2107(b) of Pub. L. 100–220. See Effective Date of 1987 Amendment note below.
AMENDMENTS
2008—Subsec. (b). Pub. L. 110–280, §5(1), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 110–280 redesignated subsec. (b) as (c), added pars. (2), (3), and (5), and redesignated
former par. (2) as (4). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 110–280, §5(1), redesignated subsec. (c) as (d).
1996—Subsec. (a). Pub. L. 104–227, §201(c)(1), inserted ", Annex IV to the Antarctic Protocol," after "the
MARPOL Protocol" in first sentence.
Subsec. (b)(1). Pub. L. 104–227, §201(c)(2), inserted ", Annex IV to the Antarctic Protocol," after "the
MARPOL Protocol".
Subsec. (b)(2)(A). Pub. L. 104–227, §201(c)(3), (4), struck out "within 1 year after the effective date of this
paragraph," before "prescribe" in introductory provisions and inserted "and of Annex IV to the Antarctic
Protocol" after "the Convention" in cl. (i).
1987—Subsec. (a). Pub. L. 100–220, §2107(a), amended subsec. (a) generally. Prior to amendment, subsec.
(a) read as follows: "Unless otherwise specified herein, the Secretary shall administer and enforce the
MARPOL Protocol and this chapter. In the administration and enforcement of the MARPOL Protocol and this
chapter, Annexes I and II of the MARPOL Protocol shall be applicable only to seagoing ships."
Subsec. (b). Pub. L. 100–220, §2107(b), designated existing provisions as par. (1) and added par. (2).
§1904. Certificates
(a) Issuance by authorized designees; restriction on issuance
Except as provided in section 1903(b)(1) of this title, the Secretary shall designate those persons
authorized to issue on behalf of the United States the certificates required by the MARPOL Protocol.
A certificate required by the MARPOL Protocol shall not be issued to a ship which is registered in or
of the nationality of a country which is not a party to the MARPOL Protocol.
(b) Validity of foreign certificates
A certificate issued by a country which is a party to the MARPOL Protocol has the same validity
as a certificate issued by the Secretary or the Administrator under the authority of this chapter.
(c) Location onboard vessel; inspection of vessels subject to jurisdiction of the United States
A ship required by the MARPOL Protocol to have a certificate—
(1) shall carry a valid certificate onboard in the manner prescribed by the authority issuing the
certificate; and
(2) is subject to inspection while in a port or terminal under the jurisdiction of the United States.
(d) Onboard inspections; other Federal inspection authority unaffected
An inspection conducted under subsection (c)(2) of this section is limited to verifying whether or
not a valid certificate is onboard, unless clear grounds exist which reasonably indicate that the
condition of the ship or its equipment does not substantially agree with the particulars of its
certificate. This section shall not limit the authority of any official or employee of the United States
under any other treaty, law, or regulation to board and inspect a ship or its equipment.
(e) Detention orders; duration of detention; shipyard option
In addition to the penalties prescribed in section 1908 of this title, a ship required by the
MARPOL Protocol to have a certificate—
(1) which does not have a valid certificate onboard; or
(2) whose condition or whose equipment's condition does not substantially agree with the
particulars of the certificate onboard;
shall be detained by order of the Secretary at the port or terminal where the violation is discovered
until, in the opinion of the Secretary, the ship can proceed to sea without presenting an unreasonable
threat of harm to the marine environment or the public health and welfare. The detention order may
authorize the ship to proceed to the nearest appropriate available shipyard rather than remaining at
the place where the violation was discovered.
(f) Ship clearance; refusal or revocation
If a ship is under a detention order under this section, the Secretary may refuse or revoke the
clearance required by section 60105 of title 46.
(g) Review of detention orders; petition; determination by Secretary
A person whose ship is subject to a detention order under this section may petition the Secretary,
in the manner prescribed by regulation, to review the detention order. Upon receipt of a petition
under this subsection, the Secretary shall affirm, modify, or withdraw the detention order within the
time prescribed by regulation.
(h) Compensation for loss or damage
A ship unreasonably detained or delayed by the Secretary acting under the authority of this chapter
is entitled to compensation for any loss or damage suffered thereby.
(Pub. L. 96–478, §5, Oct. 21, 1980, 94 Stat. 2298; Pub. L. 110–280, §6, July 21, 2008, 122 Stat.
2614; Pub. L. 115–232, div. C, title XXXV, §3548(c), Aug. 13, 2018, 132 Stat. 2328.)
EDITORIAL NOTES
AMENDMENTS
2018—Subsec. (f). Pub. L. 115–232 amended subsec. (f) generally. Prior to amendment, subsec. (f) related
to refusal or revocation of ship clearance or permits.
2008—Subsec. (a). Pub. L. 110–280, §6(1), substituted "Except as provided in section 1903(b)(1) of this
title, the Secretary" for "The Secretary".
Subsec. (b). Pub. L. 110–280, §6(2), substituted "Secretary or the Administrator under the authority of this
chapter." for "Secretary under the authority of the MARPOL Protocol."
Subsec. (e). Pub. L. 110–280, §6(3), substituted "environment or the public health and welfare." for
"environment." in concluding provisions.
(ii) the certificate is suspended or revoked by the Secretary, the certificate shall cease to be
valid; and
(B) shall be available for inspection upon the request of the master, other person in charge, or
agent of a ship using or intending to use the port or terminal.
(4) The suspension or revocation of a certificate issued under this subsection may be appealed to
the Secretary and acted on by the Secretary in the manner prescribed by regulation.
(d) Publication of list of certificated ports or terminals
(1) The Secretary shall maintain a list of ports or terminals with respect to which a certificate
issued under this section—
(A) is in effect; or
(B) has been revoked or suspended.
(2) The Secretary shall make the list referred to in paragraph (1) available to the general public.
(e) Entry; denial
(1) Except in the case of force majeure, the Secretary shall deny entry to a seagoing ship required
by the Convention or the Antarctic Protocol to retain onboard while at sea, residues and mixtures
containing oil or noxious liquid substances, if—
(A) the port or terminal is one required by Annexes I and II of the Convention or Article 9 of
Annex IV to the Antarctic Protocol or regulations hereunder to have adequate reception facilities;
and
(B) the port or terminal does not hold a valid certificate issued by the Secretary under this
section.
(2) The Secretary may deny the entry of a ship to a port or terminal required by the MARPOL
Protocol, this chapter, or regulations prescribed under this section relating to the provision of
adequate reception facilities for garbage, ozone depleting substances, equipment containing those
substances, or exhaust gas cleaning residues, if the port or terminal is not in compliance with the
MARPOL Protocol, this chapter, or those regulations.
(f) Surveys
(1) The Secretary and the Administrator are authorized to conduct surveys of existing reception
facilities in the United States to determine measures needed to comply with the MARPOL Protocol
or the Antarctic Protocol.
(2) Not later than 18 months after October 19, 1996, the Secretary shall promulgate regulations
that require the operator of each port or terminal that is subject to any requirement of the MARPOL
Protocol relating to reception facilities to post a placard in a location that can easily be seen by port
and terminal users. The placard shall state, at a minimum, that a user of a reception facility of the
port or terminal should report to the Secretary any inadequacy of the reception facility.
(Pub. L. 96–478, §6, Oct. 21, 1980, 94 Stat. 2299; Pub. L. 100–220, title II, §2103, Dec. 29, 1987,
101 Stat. 1461; Pub. L. 101–225, title II, §201(1), Dec. 12, 1989, 103 Stat. 1910; Pub. L. 104–227,
title II, §201(d), Oct. 2, 1996, 110 Stat. 3042; Pub. L. 104–324, title VIII, §801, Oct. 19, 1996, 110
Stat. 3943; Pub. L. 110–280, §7, July 21, 2008, 122 Stat. 2614.)
EDITORIAL NOTES
AMENDMENTS
2008—Subsec. (a)(3). Pub. L. 110–280, §7(1), added par. (3).
Subsec. (b). Pub. L. 110–280, §7(2), inserted "or the Administrator" after "Secretary".
Subsec. (e)(2). Pub. L. 110–280, §7(3), added par. (2) and struck out former par. (2). Prior to amendment,
text read as follows: "The Secretary may deny the entry of a ship to a port or terminal required by regulations
issued under this section to provide adequate reception facilities for garbage if the port or terminal is not in
compliance with those regulations."
Subsec. (f)(1). Pub. L. 110–280, §7(4), substituted "Secretary and the Administrator are" for "Secretary is".
Subsec. (f)(2). Pub. L. 110–280, §7(5), struck out subpar. (A) designation before "Not later".
1996—Subsec. (b). Pub. L. 104–227, §201(d)(1), inserted "or the Antarctic Protocol" after "the MARPOL
Protocol".
Subsec. (c)(2). Pub. L. 104–324, §801(a)(1), (2), designated existing provisions as subpar. (A), substituted
"Subject to subparagraph (B), if" for "If", and added subpars. (B) and (C).
Subsec. (c)(3)(A). Pub. L. 104–324, §801(a)(3), added subpar. (A) and struck out former subpar. (A) which
read as follows: "is valid until suspended or revoked by the Secretary for cause or because of changed
conditions; and".
Subsec. (d). Pub. L. 104–324, §801(a)(4), added subsec. (d) and struck out former subsec. (d) which read as
follows: "The Secretary shall periodically cause to be published in the Federal Register a list of the ports or
terminals holding a valid certificate issued under this section."
Subsec. (e)(1). Pub. L. 104–227, §201(d)(2), (3), inserted "or the Antarctic Protocol" after "the Convention"
in introductory provisions and inserted "or Article 9 of Annex IV to the Antarctic Protocol" after "the
Convention" in subpar. (A).
Subsec. (f). Pub. L. 104–324, §801(b), designated existing provisions as par. (1) and added par. (2)(A).
Pub. L. 104–227, §201(d)(4), inserted "or the Antarctic Protocol" after "the MARPOL Protocol".
1989—Subsec. (c)(1). Pub. L. 101–225 substituted "Annex I and Annex II" for "Annex V".
1987—Subsec. (a). Pub. L. 100–220, §2103(a), designated existing provisions as par. (1), substituted "a
port's or terminal's reception facilities for mixtures containing oil or noxious liquid substances" for "reception
facilities of a port or terminal", and added par. (2).
Subsec. (b). Pub. L. 100–220, §2103(b), inserted "and in establishing regulations under subsection (a) of
this section," and "ships or".
Subsec. (c). Pub. L. 100–220, §2103(c), amended subsec. (c) generally. Prior to amendment, subsec. (c)
read as follows: "If, upon inspection, reception facilities of a port or terminal are adequate to meet the
requirements of the MARPOL Protocol and the regulations established hereunder, the Secretary shall, after
consultation with the Administrator of the Environmental Protection Agency, issue a certificate to that effect
to the applicant. A certificate issued under this subsection—
"(1) is valid until suspended or revoked by the Secretary for cause or because of changed conditions;
and
"(2) shall be available for inspection upon the request of the master, other person in charge, or agent of
a seagoing ship using or intending to use the port or terminal.
The suspension or revocation of a certificate issued under this subsection may be appealed to the Secretary
and acted on by him in the manner prescribed by regulation."
Subsec. (e). Pub. L. 100–220, §2103(d), designated existing provisions as par. (1), redesignated former
pars. (1) and (2) as subpars. (A) and (B), respectively, in subpar. (A), substituted "Annexes I and II of the
Convention" for "the MARPOL Protocol", and added par. (2).
shall report a discharge, probable discharge, or presence of oil in the manner prescribed by Article
4 of the International Convention on Oil Pollution Preparedness, Response and Cooperation, 1990
(adopted at London, November 30, 1990), in accordance with regulations promulgated by the
Secretary for that purpose.
(Pub. L. 96–478, §7, Oct. 21, 1980, 94 Stat. 2300; Pub. L. 102–241, §39, Dec. 19, 1991, 105 Stat.
2225.)
EDITORIAL NOTES
AMENDMENTS
1991—Pub. L. 102–241 amended section generally. Prior to amendment, section read as follows:
"(a) As soon as he has knowledge of an incident, the master or other person in charge of a ship shall report
it to the Secretary in the manner prescribed by Article 8 of the Convention.
"(b) Upon receipt of the report of an incident involving a ship, other than one of United States registry or
nationality or one operated under the authority of the United States, the Secretary shall take the action required
by Article 8 of the Convention."
§1907. Violations
(a) General prohibition; cooperation and enforcement; detection and monitoring measures;
reports; evidence
It is unlawful to act in violation of the MARPOL Protocol, Annex IV to the Antarctic Protocol,
this chapter, or the regulations issued thereunder. The Secretary shall cooperate with other parties to
the MARPOL Protocol or to the Antarctic Protocol in the detection of violations and in enforcement
of the MARPOL Protocol and Annex IV to the Antarctic Protocol. The Secretary shall use all
appropriate and practical measures of detection and environmental monitoring, and shall establish
adequate procedures for reporting violations and accumulating evidence.
(b) Investigations; subpenas: issuance by Secretary, enforcement; action by Secretary;
information to party
Upon receipt of evidence that a violation has occurred, the Secretary shall cause the matter to be
investigated. In any investigation under this section the Secretary may issue subpenas to require the
attendance of any witness and the production of documents and other evidence. In case of refusal to
obey a subpena issued to any person, the Secretary may request the Attorney General to invoke the
aid of the appropriate district court of the United States to compel compliance. Upon completion of
the investigation, the Secretary shall take the action required by the MARPOL Protocol or the
Antarctic Protocol and whatever further action he considers appropriate under the circumstances. If
the initial evidence was provided by a party to the MARPOL Protocol or the Antarctic Protocol, the
Secretary, acting through the Secretary of State, shall inform that party of the action taken or
proposed.
(c) Ship inspections; reports to Secretary; additional action
(1) This subsection applies to inspections relating to possible violations of Annex I or Annex II to
the Convention, of Article 3 or Article 4 of Annex IV to the Antarctic Protocol, or of this chapter by
any seagoing ship referred to in section 1902(a)(2) of this title.
(2) While at a port or terminal subject to the jurisdiction of the United States, a ship to which the
MARPOL Protocol or the Antarctic Protocol applies may be inspected by the Secretary—
(A) to verify whether or not the ship has discharged a harmful substance in violation of the
MARPOL Protocol, Annex IV to the Antarctic Protocol, or this chapter; or
(B) to comply with a request from a party to the MARPOL Protocol or the Antarctic Protocol
for an investigation as to whether the ship may have discharged a harmful substance anywhere in
violation of the MARPOL Protocol or Annex IV to the Antarctic Protocol. An investigation may
be undertaken under this clause only when the requesting party has furnished sufficient evidence
to allow the Secretary reasonably to believe that a discharge has occurred.
If an inspection under this subsection indicates that a violation has occurred, the investigating
officer shall forward a report to the Secretary for appropriate action. The Secretary shall undertake to
notify the master of the ship concerned and, acting in coordination with the Secretary of State, shall
take any additional action required by Article 6 of the Convention.
(d) Garbage disposal inspections; covered ships; enforcement actions
(1) The Secretary may inspect a ship referred to in section 1902(a)(3) of this title to verify whether
the ship has disposed of garbage in violation of Annex V to the Convention, Article 5 of Annex IV to
the Antarctic Protocol, or this chapter.
(2) If an inspection under this subsection indicates that a violation has occurred, the Secretary may
undertake enforcement action under section 1908 of this title.
(e) Harmful substance or garbage disposal inspections; covered ships; enforcement actions
(1) The Secretary may inspect at any time a ship of United States registry or nationality or
operating under the authority of the United States to which the MARPOL Protocol or the Antarctic
Protocol applies to verify whether the ship has discharged a harmful substance or disposed of
garbage in violation of those Protocols or this chapter.
(2) If an inspection under this subsection indicates that a violation of the MARPOL Protocol, of
Annex IV to the Antarctic Protocol, or of this chapter has occurred the Secretary may undertake
enforcement action under section 1908 of this title.
(f) Inspections; enforcement
(1) The Secretary may inspect a ship to which this chapter applies as provided under section
1902(a)(5) of this title, to verify whether the ship is in compliance with Annex VI to the Convention
and this chapter.
(2) If an inspection under this subsection or any other information indicates that a violation has
occurred, the Secretary, or the Administrator in a matter referred by the Secretary, may undertake
enforcement action under this section.
(3) Notwithstanding subsection (b) and paragraph (2) of this subsection, the Administrator shall
have all of the authorities of the Secretary, as specified in subsection (b) of this section, for the
purposes of enforcing regulations 17 and 18 of Annex VI to the Convention to the extent that
shoreside violations are the subject of the action and in any other matter referred to the Administrator
by the Secretary.
(Pub. L. 96–478, §8, Oct. 21, 1980, 94 Stat. 2300; Pub. L. 100–220, title II, §2104, Dec. 29, 1987,
101 Stat. 1462; Pub. L. 101–225, title II, §201(2), (3), Dec. 12, 1989, 103 Stat. 1910; Pub. L.
104–227, title II, §201(e), Oct. 2, 1996, 110 Stat. 3043; Pub. L. 110–280, §8, July 21, 2008, 122 Stat.
2614.)
EDITORIAL NOTES
AMENDMENTS
2008—Subsec. (f). Pub. L. 110–280 amended subsec. (f) generally. Prior to amendment, text read as
follows: "Remedies and requirements of this chapter supplement and neither amend nor repeal any other
provisions of law, except as expressly provided in this chapter. Nothing in this chapter shall limit, deny,
amend, modify, or repeal any other remedy available to the United States or any other person, except as
expressly provided in this chapter."
1996—Subsec. (a). Pub. L. 104–227, §201(e)(1), (2), inserted "Annex IV to the Antarctic Protocol," after
"violation of the MARPOL Protocol,", "or to the Antarctic Protocol" after "to the MARPOL Protocol", and
"and Annex IV to the Antarctic Protocol" after "enforcement of the MARPOL Protocol".
Subsec. (b). Pub. L. 104–227, §201(e)(3), inserted "or the Antarctic Protocol" after "MARPOL Protocol" in
two places.
Subsec. (c)(1). Pub. L. 104–227, §201(e)(4), inserted ", of Article 3 or Article 4 of Annex IV to the
Antarctic Protocol," after "to the Convention".
Subsec. (c)(2). Pub. L. 104–227, §201(e)(5), (6), inserted "or the Antarctic Protocol" after "which the
MARPOL Protocol" in introductory provisions, ", Annex IV to the Antarctic Protocol," after "MARPOL
Protocol" in subpar. (A), and "or the Antarctic Protocol" after "to the MARPOL Protocol" and "or Annex IV
to the Antarctic Protocol" after "of the MARPOL Protocol" in subpar. (B).
Subsec. (d)(1). Pub. L. 104–227, §201(e)(8), inserted ", Article 5 of Annex IV to the Antarctic Protocol,"
after "Convention".
Subsec. (e)(1). Pub. L. 104–227, §201(e)(9), inserted "or the Antarctic Protocol" after "MARPOL Protocol"
and substituted "those Protocols" for "that Protocol".
Subsec. (e)(2). Pub. L. 104–227, §201(e)(10), inserted ", of Annex IV to the Antarctic Protocol," after
"MARPOL Protocol".
1989—Subsecs. (c)(1), (e)(2). Pub. L. 101–225 inserted "or of this chapter".
1987—Subsec. (c). Pub. L. 100–220, §2104(a), added par. (1), designated existing provisions as par. (2),
redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and in closing provisions of par.
(2) substituted "The" for "If a report made under this subsection involves a ship, other than one of United
States registry or nationality or one operated under the authority of the United States, the".
Subsecs. (d) to (f). Pub. L. 100–220, §2104(b), added subsecs. (d) and (e) and redesignated former subsec.
(d) as (f).
Each day of a continuing violation shall constitute a separate violation. The amount of the civil
penalty shall be assessed by the Secretary, or the Administrator as provided for in this chapter or his
designee, by written notice. In determining the amount of the penalty, the Secretary, or the
Administrator as provided for in this chapter, shall take into account the nature, circumstances,
extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of
culpability, any history of prior offenses, ability to pay, and other matters as justice may require. An
amount equal to not more than ½ of such penalties may be paid by the Secretary, or the
Administrator as provided for in this chapter, to the person giving information leading to the
assessment of such penalties.
(c) Abatement of civil penalties; collection by Attorney General
The Secretary, or the Administrator as provided for in this chapter, may compromise, modify, or
remit, with or without conditions, any civil penalty which is subject to assessment or which has been
assessed under this section. If any person fails to pay an assessment of a civil penalty after it has
become final, the Secretary, or the Administrator as provided for in this chapter, may refer the matter
to the Attorney General of the United States for collection in any appropriate district court of the
United States.
(d) Liability in rem; district court jurisdiction
A ship operated in violation of the MARPOL Protocol, Annex IV to the Antarctic Protocol, this
chapter, or the regulations thereunder is liable in rem for any fine imposed under subsection (a) or
civil penalty assessed pursuant to subsection (b), and may be proceeded against in the United States
district court of any district in which the ship may be found.
(e) Ship clearance or permits; refusal or revocation; bond or other surety
If any ship subject to the MARPOL Protocol, Annex IV to the Antarctic Protocol, or this chapter,
its owner, operator, or person in charge is liable for a fine or civil penalty under this section, or if
reasonable cause exists to believe that the ship, its owner, operator, or person in charge may be
subject to a fine or civil penalty under this section, the Secretary of the Treasury, upon the request of
the Secretary, shall refuse or revoke the clearance required by section 60105 of title 46. Clearance
may be granted upon the filing of a bond or other surety satisfactory to the Secretary.
(f) Referrals for appropriate action by foreign country
Notwithstanding subsection (a), (b), or (d) of this section, if the violation is by a ship registered in
or of the nationality of a country party to the MARPOL Protocol or the Antarctic Protocol, or one
operated under the authority of a country party to the MARPOL Protocol or the Antarctic Protocol,
the Secretary, or the Administrator as provided for in this chapter acting in coordination with the
Secretary of State, may refer the matter to the government of the country of the ship's registry or
nationality, or under whose authority the ship is operating for appropriate action, rather than taking
the actions required or authorized by this section.
(g) Deposits in Abandoned Seafarers Fund
Any penalty collected under subsection (a) or (b) that is not paid under that subsection to the
person giving information leading to the conviction or assessment of such penalties shall be
deposited in the Abandoned Seafarers Fund established under section 11113 of title 46.
(Pub. L. 96–478, §9, Oct. 21, 1980, 94 Stat. 2301; Pub. L. 100–220, title II, §2105, Dec. 29, 1987,
101 Stat. 1463; Pub. L. 101–380, title IV, §4302(n), Aug. 18, 1990, 104 Stat. 539; Pub. L. 103–182,
title VI, §688, Dec. 8, 1993, 107 Stat. 2222; Pub. L. 104–227, title II, §201(f), Oct. 2, 1996, 110 Stat.
3043; Pub. L. 110–280, §10, July 21, 2008, 122 Stat. 2615; Pub. L. 113–281, title III, §320(c), Dec.
18, 2014, 128 Stat. 3054.)
EDITORIAL NOTES
CODIFICATION
In subsec. (e), "section 60105 of title 46" substituted for "section 4197 of the Revised Statutes of the United
States (46 U.S.C. App. 91)" on authority of Pub. L. 109–304, §18(c), Oct. 6, 2006, 120 Stat. 1709, which Act
enacted section 60105 of Title 46, Shipping.
AMENDMENTS
2014—Subsec. (g). Pub. L. 113–281 added subsec. (g).
2008—Pub. L. 110–280, §10(1), substituted "MARPOL Protocol," for "MARPOL Protocol,," wherever
appearing in subsecs. (a), (b), and (d).
Subsec. (b). Pub. L. 110–280, §10(2)(C), in concluding provisions, inserted "or the Administrator as
provided for in this chapter" after "Secretary," and ", or the Administrator as provided for in this chapter,"
after "Secretary" in two places.
Pub. L. 110–280, §10(2)(A), in introductory provisions, inserted "or the Administrator as provided for in
this chapter," after "Secretary,".
Subsec. (b)(2). Pub. L. 110–280, §10(2)(B), inserted ", or the Administrator as provided for in this chapter,"
after "Secretary".
Subsec. (c). Pub. L. 110–280, §10(3), inserted ", or the Administrator as provided for in this chapter," after
"Secretary" in two places.
Subsec. (f). Pub. L. 110–280, §10(4), inserted "or the Administrator as provided for in this chapter" after
"Secretary,".
1996—Subsec. (a). Pub. L. 104–227, §201(f)(1), inserted ", Annex IV to the Antarctic Protocol," after
"MARPOL Protocol,".
Subsec. (b). Pub. L. 104–227, §201(f)(2), (3), inserted ", Annex IV to the Antarctic Protocol," after
"MARPOL Protocol," in pars. (1) and (2).
Subsec. (d). Pub. L. 104–227, §201(f)(4), inserted ", Annex IV to the Antarctic Protocol," after "MARPOL
Protocol,".
Subsec. (e). Pub. L. 104–227, §201(f)(5), inserted ", Annex IV to the Antarctic Protocol," after "MARPOL
Protocol".
Subsec. (f). Pub. L. 104–227, §201(f)(6), inserted "or the Antarctic Protocol" after "MARPOL Protocol" in
two places.
1993—Subsec. (e). Pub. L. 103–182 substituted "shall refuse or revoke the clearance required by section 91
of title 46, Appendix. Clearance may be granted upon the filing of a bond or other surety satisfactory to the
Secretary." for "shall refuse or revoke—
"(1) the clearance required by section 91 of title 46, Appendix; or
"(2) a permit to proceed under section 313 of title 46, Appendix, or section 1443 of title 19.
Clearance or a permit to proceed may be granted upon the filing of a bond or other surety satisfactory to the
Secretary."
1990—Subsec. (a). Pub. L. 101–380 substituted "commits a class D felony" for "shall, for each violation, be
fined not more than $50,000 or be imprisoned for not more than 5 years, or both".
1987—Subsec. (a). Pub. L. 100–220, §2105(a)(1), inserted at end "In the discretion of the Court, an amount
equal to not more than ½ of such fine may be paid to the person giving information leading to conviction."
Subsec. (b). Pub. L. 100–220, §2105(a)(2), inserted at end "An amount equal to not more than ½ of such
penalties may be paid by the Secretary to the person giving information leading to the assessment of such
penalties."
Subsec. (f). Pub. L. 100–220, §2105(b), substituted "to the government of the country of the ship's registry
or nationality, or under whose authority the ship is operating" for "to that country".
EDITORIAL NOTES
AMENDMENTS
2008—Subsec. (b). Pub. L. 110–280 substituted "Annex I, II, V, or VI" for "Annex I, II, or V" and inserted
"or the Administrator as provided for in this chapter," after "Secretary,".
1987—Subsec. (a). Pub. L. 100–220, §2106(1), substituted "International Maritime Organization" for
"Inter-Governmental Maritime Consultative Organization".
Subsec. (b). Pub. L. 100–220, §2106(2), substituted "Annex I, II, or V to the Convention, appendices to
those Annexes, or Protocol I of the Convention" for "Annex I or II, appendices to the Annexes, or Protocol I
of the MARPOL Protocol," and "International Maritime Organization" for "Inter-Governmental Maritime
Consultative Organization".
EDITORIAL NOTES
AMENDMENTS
2008—Subsec. (a)(3), (4). Pub. L. 110–280, §12(1), added par. (3) and redesignated former par. (3) as (4).
Subsec. (b)(1). Pub. L. 110–280, §12(2), substituted "concerned or the Administrator," for "concerned,".
Subsec. (b)(2). Pub. L. 110–280, §12(3), inserted "or the Administrator" after "Secretary".
EDITORIAL NOTES
AMENDMENTS
2008—Pub. L. 110–280 amended section generally. Prior to amendment, section read as follows: "Nothing
in this chapter shall be construed as limiting, diminishing, or otherwise restricting any of the authority of the
Secretary under the Port and Tanker Safety Act of 1978."
EDITORIAL NOTES
REFERENCES IN TEXT
For effective date of this section, referred to in subsecs. (a) and (b), see section 2002 of Pub. L. 100–220,
set out as an Effective Date of 1987 Amendment note under section 1901 of this title.
The Act to Prevent Pollution from Ships, referred to in subsec. (a), is Pub. L. 96–478, Oct. 21, 1980, 94
Stat. 2297, as amended, which is classified principally to this chapter (§1901 et seq.). For complete
classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables.
CODIFICATION
Section was formerly set out as a note under section 1902 of this title.
Section was enacted as part of the Marine Plastic Pollution Research and Control Act of 1987 and as part of
the United States-Japan Fishery Agreement Approval Act of 1987, and not as part of the Act to Prevent
Pollution from Ships which comprises this chapter.
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–324 struck out "for a period of 6 years" after "triennially thereafter" and
inserted "and, not later than 1 year after October 19, 1996, and annually thereafter, shall publish in the Federal
Register a list of the enforcement actions taken against any domestic or foreign ship (including any
commercial or recreational ship) pursuant to the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.)"
before period at end.
1995—Subsec. (a). Pub. L. 104–66 substituted "triennially" for "biennially".
§1914. Transferred
Section, Pub. L. 100–220, title II, §2203, Dec. 29, 1987, 101 Stat. 1466; Pub. L. 104–324, title VIII,
§802(b), Oct. 19, 1996, 110 Stat. 3944; Pub. L. 109–449, §5(a), Dec. 22, 2006, 120 Stat. 3337, was
redesignated section 5 of Pub. L. 109–449 and transferred to section 1954 of this title.
§1915. Repealed. Pub. L. 112–213, title VI, §604(d), Dec. 20, 2012, 126 Stat. 1577
Section, Pub. L. 100–220, title II, §2204, Dec. 29, 1987, 101 Stat. 1466; Pub. L. 104–324, title VIII,
§802(c), Oct. 19, 1996, 110 Stat. 3945, related to creation of a plastic pollution public education program.
§1951. Purpose
The purpose of this chapter is to address the adverse impacts of marine debris on the United States
economy, the marine environment (including waters in the jurisdiction of the United States, the high
seas, and waters in the jurisdiction of other countries), and navigation safety through the
identification, determination of sources, assessment, prevention, reduction, and removal of marine
debris.
(Pub. L. 109–449, §2, Dec. 22, 2006, 120 Stat. 3333; Pub. L. 112–213, title VI, §603, Dec. 20, 2012,
126 Stat. 1576; Pub. L. 116–224, title I, §101(1), Dec. 18, 2020, 134 Stat. 1074.)
EDITORIAL NOTES
AMENDMENTS
2020—Pub. L. 116–224 substituted "marine environment (including waters in the jurisdiction of the United
States, the high seas, and waters in the jurisdiction of other countries)," for "marine environment,".
2012—Pub. L. 112–213 amended section generally. Prior to amendment, text read as follows: "The
purposes of this chapter are—
"(1) to help identify, determine sources of, assess, reduce, and prevent marine debris and its adverse
impacts on the marine environment and navigation safety;
"(2) to reactivate the Interagency Marine Debris Coordinating Committee; and
"(3) to develop a Federal marine debris information clearinghouse."
STATUTORY NOTES AND RELATED SUBSIDIARIES
SHORT TITLE OF 2012 AMENDMENT
Pub. L. 112–213, title VI, §601, Dec. 20, 2012, 126 Stat. 1576, provided that: "This title [amending this
section and sections 1952 to 1956 of this title, transferring section 1914 of this title to section 1954 of this
title, repealing sections 1915 and 1954 of this title, and amending provisions set out as a note under this
section] may be cited as the 'Marine Debris Act Amendments of 2012'."
SHORT TITLE
Pub. L. 109–449, §1, Dec. 22, 2006, 120 Stat. 3333, as amended by Pub. L. 112–213, title VI, §602(a), Dec.
20, 2012, 126 Stat. 1576, provided that: "This Act [enacting and amending this chapter] may be cited as the
'Marine Debris Act'."
(4) undertake outreach and education activities for the public and other stakeholders on sources
of marine debris, threats associated with marine debris, and approaches to identifying, determining
sources of, assessing, preventing, reducing, and removing marine debris and its adverse impacts
on the United States economy, the marine environment, and navigation safety, including outreach
and education activities through public-private initiatives;
(5) develop, in consultation with the Interagency Committee, interagency plans for the timely
response to events determined by the Administrator to be severe marine debris events, including
plans to—
(A) coordinate across agencies and with relevant State, tribal, and local governments to
ensure adequate, timely, and efficient response;
(B) assess the composition, volume, and trajectory of marine debris associated with a severe
marine debris event; and
(C) estimate the potential impacts of a severe marine debris event, including economic
impacts on human health, navigation safety, natural resources, tourism, and livestock, including
aquaculture;
(6) work to develop outreach and education strategies with other Federal agencies to address
sources of marine debris;
(7) except for discharges of marine debris from vessels, in consultation with the Department of
State and other Federal agencies, promote international action, as appropriate, to reduce the
incidence of marine debris, including providing technical assistance to expand waste management
systems internationally; and
(8) in the case of an event determined to be a severe marine debris event under subsection (c)—
(A) assist in the cleanup and response required by the severe marine debris event; or
(B) conduct such other activity as the Administrator determines is appropriate in response to
the severe marine debris event.
(c) Severe marine debris events
At the discretion of the Administrator or at the request of the Governor of an affected State, the
Administrator shall determine whether there is a severe marine debris event.
(d) Grants, cooperative agreements, and contracts
(1) In general
The Administrator, acting through the Program, shall enter into cooperative agreements and
contracts and provide financial assistance in the form of grants for projects to accomplish the
purpose set forth in section 1951 of this title.
(2) Grant cost sharing requirement
(A) In general
Except as provided in subparagraphs (B) and (C), Federal funds for any grant under this
section may not exceed 50 percent of the total cost of such project. For purposes of this
subparagraph, the non-Federal share of project costs may be provided by in-kind contributions
and other noncash support.
(B) Waiver
The Administrator may waive all or part of the matching requirement under subparagraph (A)
if the Administrator determines that no reasonable means are available through which applicants
can meet the matching requirement and the probable benefit of such project outweighs the
public interest in such matching requirement.
(C) Severe marine debris events
Notwithstanding subparagraph (A), the Federal share of the cost of an activity carried out
under a determination made under subsection (c) shall be—
(i) 100 percent of the cost of the activity, for an activity funded wholly by funds made
available by a person, including the government of a foreign country, to the Federal
Government for the purpose of responding to a severe marine debris event; or
(ii) 75 percent of the cost of the activity, for any activity other than an activity funded as
described in clause (i).
(3) Amounts paid and services rendered under consent
(A) Consent decrees and orders
If authorized by the Administrator or the Attorney General, as appropriate, the non-Federal
share of the cost of a project carried out under this chapter may include money paid pursuant to,
or the value of any in-kind service performed under, an administrative order on consent or
judicial consent decree that will remove or prevent marine debris.
(B) Other decrees and orders
The non-Federal share of the cost of a project carried out under this chapter may not include
any money paid pursuant to, or the value of any in-kind service performed under, any other
administrative order or court order.
(4) Eligibility
Any State, local, or tribal government whose activities affect research or regulation of marine
debris, and any institution of higher education, nonprofit organization, or commercial organization
with expertise in a field related to marine debris, is eligible to submit to the Administrator a
marine debris proposal under the grant program.
(5) Project review and approval
The Administrator shall—
(A) review each marine debris project proposal to determine if it meets the grant criteria and
supports the goals of this chapter;
(B) after considering any written comments and recommendations based on the review,
approve or disapprove the proposal; and
(C) provide notification of that approval or disapproval to the person who submitted the
proposal.
(6) Project reporting
Each grantee under this section shall provide periodic reports as required by the Administrator.
Each report shall include all information required by the Administrator for evaluating the progress
and success in meeting its stated goals, and impact of the grant activities on the marine debris
problem.
(Pub. L. 109–449, §3, Dec. 22, 2006, 120 Stat. 3333; Pub. L. 112–213, title VI, §604(a)–(c), Dec. 20,
2012, 126 Stat. 1576, 1577; Pub. L. 115–265, title I, §101, Oct. 11, 2018, 132 Stat. 3742.)
EDITORIAL NOTES
AMENDMENTS
2018—Subsec. (b)(6) to (8). Pub. L. 115–265, §101(1), added pars. (6) to (8).
Subsecs. (c), (d). Pub. L. 115–265, §101(2), (3), added subsec. (c) and redesignated former subsec. (c) as
(d).
Subsec. (d)(2)(A). Pub. L. 115–265, §101(4)(A), substituted "subparagraphs (B) and (C)" for "subparagraph
(B)".
Subsec. (d)(2)(C). Pub. L. 115–265, §101(4)(B), added subpar. (C).
2012—Pub. L. 112–213, §604(a)(1), struck out "Prevention and Removal" before "Program" in section
catchline.
Subsec. (a). Pub. L. 112–213, §604(a)(2), substituted "Program to identify, determine sources of, assess,
prevent, reduce, and remove marine debris and address the" for "Prevention and Removal Program to reduce
and prevent the occurrence and" and "marine debris on the economy of the United States, the marine
environment, and" for "marine debris on the marine environment and".
Subsec. (b). Pub. L. 112–213, §604(b), amended subsec. (b) generally. Prior to amendment, subsec. (b)
described components of the Marine Debris Prevention and Removal Program.
Subsec. (c)(1). Pub. L. 112–213, §604(c)(1), substituted "section 1951" for "section 1951(1)".
Subsec. (c)(5) to (7). Pub. L. 112–213, §604(c)(2), (3), redesignated pars. (6) and (7) as (5) and (6),
respectively, and struck out former par. (5) which required the Administrator to promulgate necessary
guidelines for implementation of the grant program within 180 days after Dec. 22, 2006.
EDITORIAL NOTES
REFERENCES IN TEXT
The Act to Prevent Pollution from Ships, referred to in pars. (1) and (2), is Pub. L. 96–478, Oct. 21, 1980,
94 Stat. 2297, which is classified principally to chapter 33 (§1901 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables.
AMENDMENTS
2012—Pub. L. 112–213 struck out subsec. (a) designation and heading "Strategy" and struck out subsecs.
(b) and (c) which required reports on the Coast Guard's progress in implementing former subsec. (a) and on
the effectiveness of international and national measures to prevent and reduce marine debris and its impact.
§1954. Coordination
(a) Establishment of Interagency Marine Debris Coordinating Committee
There is established an Interagency Marine Debris Coordinating Committee to coordinate a
comprehensive program of marine debris research and activities among Federal agencies, in
cooperation and coordination with non-governmental organizations, industry, universities, and
research institutions, States, Indian tribes, and other nations, as appropriate.
(b) Membership
The Committee shall include a senior official from—
(1) the National Oceanic and Atmospheric Administration, who shall serve as the Chairperson
of the Committee;
(2) the Environmental Protection Agency;
(3) the United States Coast Guard;
(4) the United States Navy;
(5) the Department of State;
(6) the Department of the Interior; and
(7) such other Federal agencies that have an interest in ocean issues or water pollution
prevention and control as the Secretary of Commerce determines appropriate.
(c) Meetings
The Committee shall meet at least twice a year to provide a public, interagency forum to ensure
the coordination of national and international research, monitoring, education, and regulatory actions
addressing the persistent marine debris problem.
(d) Monitoring
The Secretary of Commerce, acting through the Administrator of the National Oceanic and
Atmospheric Administration, in cooperation with the Administrator of the Environmental Protection
Agency, shall utilize the marine debris data derived under title V of the Marine Protection, Research,
and Sanctuaries Act of 1972 (33 U.S.C. 2801 et seq.) to assist—
(1) the Committee in ensuring coordination of research, monitoring, education and regulatory
actions; and
(2) the United States Coast Guard in assessing the effectiveness of the Marine Plastic Pollution
Research and Control Act of 1987 and the Act to Prevent Pollution from Ships [33 U.S.C. 1901 et
seq.] in ensuring compliance under section 2201 of the Marine Plastic Pollution Research and
Control Act of 1987 [33 U.S.C. 1913].
(e) Biennial progress reports
Biennially, the Committee, through the Chairperson, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure
and the Committee on Natural Resources of the House of Representatives a report that evaluates
United States and international progress in meeting the purpose of this chapter. The report shall
include—
(1) the status of implementation of any recommendations and strategies of the Committee and
analysis of their effectiveness;
(2) a summary of the marine debris inventory to be maintained by the National Oceanic and
Atmospheric Administration;
(3) a review of the National Oceanic and Atmospheric Administration program authorized by
section 1952 of this title, including projects funded and accomplishments relating to reduction and
prevention of marine debris;
(4) a review of Coast Guard programs and accomplishments relating to marine debris removal,
including enforcement and compliance with MARPOL requirements; and
(5) estimated Federal and non-Federal funding provided for marine debris and
recommendations for priority funding needs.
(Pub. L. 109–449, §5, formerly Pub. L. 100–220, title II, §2203, Dec. 29, 1987, 101 Stat. 1466; Pub.
L. 104–324, title VIII, §802(b), Oct. 19, 1996, 110 Stat. 3944; Pub. L. 109–449, §5(a), Dec. 22,
2006, 120 Stat. 3337; renumbered Pub. L. 109–449, §5, and amended Pub. L. 112–213, title VI,
§606(a)(1), (2), (b), Dec. 20, 2012, 126 Stat. 1578; Pub. L. 115–265, title I, §104, Oct. 11, 2018, 132
Stat. 3744.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Marine Protection, Research, and Sanctuaries Act of 1972, referred to in subsec. (d), is Pub. L. 92–532,
Oct. 23, 1972, 86 Stat. 1052. Title V of the Act, popularly known as the National Coastal Monitoring Act, is
classified generally to chapter 41 (§2801 et seq.) of this title. For complete classification of title V to the Code,
see Short Title note set out under section 2801 of this title and Tables.
The Marine Plastic Pollution Research and Control Act of 1987, referred to in subsec. (d)(2), is Pub. L.
100–220, title II, Dec. 29, 1987, 101 Stat. 1460. For complete classification of this Act to the Code, see Short
Title of 1987 Amendment note set out under section 1901 of this title and Tables.
The Act to Prevent Pollution from Ships, referred to in subsec. (d)(2), is Pub. L. 96–478, Oct. 21, 1980, 94
Stat. 2297, which is classified principally to chapter 33 (§1901 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables.
CODIFICATION
Former section 1954(c)(2) of this title, which was transferred and redesignated as subsec. (e) of this section
by Pub. L. 112–213, title VI, §606(b)(1), Dec. 20, 2012, 126 Stat. 1578, was based on Pub. L. 109–449,
§5(c)(2), Dec. 22, 2006, 120 Stat. 3338.
Section was formerly section 2203 of Pub. L. 100–220 and was classified to section 1914 of this title.
PRIOR PROVISIONS
A prior section 5 of Pub. L. 109–449, Dec. 22, 2006, 120 Stat. 3337, which related to interagency
coordination to address problems of marine debris, was classified to this section prior to repeal by Pub. L.
112–213, title VI, §606(a)(1), Dec. 20, 2012, 126 Stat. 1578. Subsec. (a) of such prior section 5 of Pub. L.
109–449 amended section 2203 of Pub. L. 100–220, which was renumbered as a new section 5 of Pub. L.
109–449 by Pub. L. 112–213 and was transferred to this section.
AMENDMENTS
2018—Subsec. (b)(5) to (7). Pub. L. 115–265 added pars. (5) and (6) and redesignated former par. (5) as
(7).
2012—Subsec. (d)(2). Pub. L. 112–213, §606(a)(2), substituted "the Marine Plastic Pollution Research and
Control Act of 1987" for "this Act" and inserted "of the Marine Plastic Pollution Research and Control Act of
1987" after "section 2201".
Subsec. (e). Pub. L. 112–213, §606(b)(2), in heading, substituted "Biennial progress reports" for "Annual
progress reports" and in text, substituted "Biennially" for "Not later than 3 years after December 22, 2006, and
biennially thereafter" and "Chairperson" for "chairperson", inserted "Natural" before "Resources", and struck
out "Interagency" before "Committee, through" and before "Committee and", redesignated subpars. (A) to (E)
as pars. (1) to (5), respectively, and realigned margins.
Pub. L. 112–213, §606(b)(1), transferred subsec. (c)(2) of former section 1954 of this title and redesignated
it as subsec. (e) of this section. See Codification note above.
2006—Subsec. (a). Pub. L. 109–449, §5(a)(1), added subsec. (a) and struck out former subsec. (a). Text
read as follows: "The Secretary of Commerce shall establish a Marine Debris Coordinating Committee."
Subsec. (c). Pub. L. 109–449, §5(a)(2), inserted "public, interagency" before "forum".
1996—Pub. L. 104–324 amended section generally. Prior to amendment, section read as follows: "Not later
than September 30, 1988, the Secretary of Commerce shall submit to the Congress a report on the effects of
plastic materials on the marine environment. The report shall—
"(1) identify and quantify the harmful effects of plastic materials on the marine environment;
"(2) assess the specific effects of plastic materials on living marine resources in the marine
environment;
"(3) identify the types and classes of plastic materials that pose the greatest potential hazard to living
marine resources;
"(4) analyze, in consultation with the Director of the National Bureau of Standards, plastic materials
which are claimed to be capable of reduction to environmentally benign submits under the action of normal
environmental forces (including biological decomposition, photodegradation, and hydrolysis); and
"(5) recommend legislation which is necessary to prohibit, tax, or regulate sources of plastic materials
that enter the marine environment."
§1956. Definitions
In this chapter:
(1) Administrator
The term "Administrator" means the Administrator of the National Oceanic and Atmospheric
Administration.
(2) Interagency Committee
The term "Interagency Committee" means the Interagency Marine Debris Coordinating
Committee established under section 1954 of this title.
(3) Marine debris
The term "marine debris" means any persistent solid material that is manufactured or processed
and directly or indirectly, intentionally or unintentionally, disposed of or abandoned into the
marine environment or the Great Lakes.
(4) MARPOL; Annex V; Convention
The terms "MARPOL", "Annex V", and "Convention" have the meaning given those terms
under section 1901(a) of this title.
(5) Program
The term "Program" means the Marine Debris Program established under section 1952 of this
title.
(6) Severe marine debris event
The term "severe marine debris event" means atypically large amounts of marine debris caused
by a natural disaster, including a tsunami, flood, landslide, or hurricane, or other source.
(7) State
The term "State" means—
(A) any State of the United States that is impacted by marine debris within its seaward or
Great Lakes boundaries;
(B) the District of Columbia;
(C) American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin
Islands; and
(D) any other territory or possession of the United States, or separate sovereign in free
association with the United States, that is impacted by marine debris within its seaward
boundaries.
(Pub. L. 109–449, §7, Dec. 22, 2006, 120 Stat. 3338; Pub. L. 112–213, title VI, §608, Dec. 20, 2012,
126 Stat. 1578.)
EDITORIAL NOTES
AMENDMENTS
2012—Par. (2). Pub. L. 112–213, §608(1), substituted "section 1954 of this title" for "section 1914 of this
title".
Par. (3). Pub. L. 112–213, §608(2), added par. (3) and struck out former par. (3). Prior to amendment, text
read as follows: "The term 'United States exclusive economic zone' means the zone established by Presidential
Proclamation Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as
'eastern special areas' in article 3(1) of the Agreement between the United States of America and the Union of
Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990."
Par. (5). Pub. L. 112–213, §608(3)–(5), redesignated par. (7) as (5), struck out "Prevention and Removal"
before "Program", and struck out former par. (5). Prior to amendment, text of par. (5) read as follows: "The
term 'navigable waters' means waters of the United States, including the territorial sea."
Par. (6). Pub. L. 112–213, §608(6), added par. (6) and struck out former par. (6). Prior to amendment, text
read as follows: "The term 'territorial sea' means the waters of the United States referred to in Presidential
Proclamation No. 5928, dated December 27, 1988."
Pars. (7), (8). Pub. L. 112–213, §608(7), redesignated par. (8) as (7). Former par. (7) redesignated (5).
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 109–449, Dec. 22, 2006,
120 Stat. 3333, which is classified generally to this chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1951 of this title and Tables.
The Outer Continental Shelf Lands Act, referred to in text, is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which
is classified generally to subchapter III (§1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete
classification of this Act to the Code, see Short Title note set out under section 1301 of Title 43 and Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
Section 2702 of title 14, referred to in subsec. (b), was redesignated section 4902 of title 14 by Pub. L.
115–282, title I, §121(b), Dec. 4, 2018, 132 Stat. 4238, and references to section 2702 of title 14 deemed to
refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to
Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.
AMENDMENTS
2020—Subsec. (a). Pub. L. 116–224 substituted "$15,000,000" for "$10,000,000" and "7 percent" for "5
percent".
2018—Pub. L. 115–265 amended section generally. Prior to amendment, section read as follows: "There
are authorized to be appropriated for each fiscal year 2006 through 2010—
"(1) to the Administrator for carrying out sections 1952 and 1955 of this title, $10,000,000, of which
no more than 10 percent may be for administrative costs; and
"(2) to the Secretary of the Department in which the Coast Guard is operating, for the use of the
Commandant of the Coast Guard in carrying out section 1953 of this title, $2,000,000, of which no more
than 10 percent may be used for administrative costs."
SUBCHAPTER I—RULES
§§2001 to 2038. Repealed. Pub. L. 108–293, title III, §303(a), (c), Aug. 9, 2004,
118 Stat. 1042
Section 2001, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3415; Pub. L. 102–241, §21(1), Dec. 19, 1991,
105 Stat. 2217; Pub. L. 102–587, title V, §5206[(1)], Nov. 4, 1992, 106 Stat. 5074, related to Rule 1,
application of rules for navigation of inland waters of the United States and Canadian waters of the Great
Lakes.
Section 2002, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3416, related to Rule 2, responsibility for
compliance and departure from rules to avoid immediate danger.
Section 2003, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3416; Pub. L. 100–448, §14(1), Sept. 28, 1988,
102 Stat. 1844, related to Rule 3, definitions.
Section 2004, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3417, related to Rule 4, application of steering
and sailing rules in any condition of visibility.
Section 2005, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3418, related to Rule 5, proper look-out.
Section 2006, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3418, related to Rule 6, safe speed.
Section 2007, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3418, related to Rule 7, risk of collision.
Section 2008, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3419; Pub. L. 102–241, §21(2), Dec. 19, 1991,
105 Stat. 2217, related to Rule 8, action to avoid collision.
Section 2009, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3419; Pub. L. 104–324, title VII, §701(1), Oct.
19, 1996, 110 Stat. 3932, related to Rule 9, narrow channels.
Section 2010, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3420; Pub. L. 102–587, title V, §5206(2), Nov. 4,
1992, 106 Stat. 5074, related to Rule 10, traffic separation schemes.
Section 2011, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3420, related to Rule 11, application of rules of
conduct of vessels in sight of one another.
Section 2012, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3420, related to Rule 12, sailing vessels in sight
of one another.
Section 2013, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3420, related to Rule 13, overtaking vessels in
sight of one another.
Section 2014, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3421; Pub. L. 98–557, §16(c), Oct. 30, 1984, 98
Stat. 2867, related to Rule 14, head-on situations for vessels in sight of one another.
Section 2015, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3421; Pub. L. 104–324, title VII, §701(2), Oct.
19, 1996, 110 Stat. 3932, related to Rule 15, crossing situations for vessels in sight of one another.
Section 2016, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3421, related to Rule 16, action by give-way
vessels in sight of one another.
Section 2017, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3421, related to Rule 17, action by stand-on
vessels in sight of one another.
Section 2018, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3422, related to Rule 18, responsibilities between
vessels in sight of one another.
Section 2019, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3422, related to Rule 19, conduct of vessels not
in sight of one another in restricted visibility.
Section 2020, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3423, related to Rule 20, application of rules
concerning lights and shapes.
Section 2021, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3423, related to Rule 21, definitions of lights and
shapes.
Section 2022, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3424, related to Rule 22, visibility of lights.
Section 2023, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3424; Pub. L. 104–324, title VII, §701(3), Oct.
19, 1996, 110 Stat. 3932, related to Rule 23, lights of power-driven vessels underway.
Section 2024, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3425; Pub. L. 98–557, §16(b)(1), Oct. 30, 1984,
98 Stat. 2866; Pub. L. 104–324, title VII, §701(4), Oct. 19, 1996, 110 Stat. 3932, related to Rule 24, lights and
shapes of vessels towing or pushing another vessel.
Section 2025, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3426, related to Rule 25, lights and shapes of
sailing vessels underway and vessels under oars.
Section 2026, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3427; Pub. L. 104–324, title VII, §701(5), Oct.
19, 1996, 110 Stat. 3933, related to Rule 26, lights and shapes of fishing vessels.
Section 2027, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3427; Pub. L. 100–448, §14(2), (3), Sept. 28,
1988, 102 Stat. 1844, related to Rule 27, lights and shapes of vessels not under command or restricted in their
ability to maneuver.
Section 2028 was reserved for Rule 28.
Section 2029, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3428, related to Rule 29, lights and shapes of
pilot vessels.
Section 2030, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3429, related to Rule 30, lights and shapes of
anchored vessels and vessels aground.
Section 2031, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3429, related to Rule 31, lights and shapes of
seaplanes.
Section 2032, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3429, related to Rule 32, definitions of sound
signals.
Section 2033, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3430, related to Rule 33, equipment for sound
signals.
Section 2034, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3430; Pub. L. 104–324, title VII, §701(6), Oct.
19, 1996, 110 Stat. 3933, related to Rule 34, maneuvering and warning signals.
Section 2035, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3431, related to Rule 35, sound signals in
restricted visibility.
Section 2036, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3432, related to Rule 36, signals to attract
attention.
Section 2037, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3432, related to Rule 37, distress signals.
Section 2038, Pub. L. 96–591, §2, Dec. 24, 1980, 94 Stat. 3432, related to Rule 38, exemptions.
EDITORIAL NOTES
REFERENCES IN TEXT
The International Regulations, referred to in text, came into effect pursuant to the Convention on the
International Regulations for Preventing Collisions at Sea, 1972. See International Regulations for Preventing
Collisions at Sea, 1972 note under section 1602 of this title.
AMENDMENTS
2004—Pub. L. 108–293 amended section catchline and text generally. Prior to amendment, text read as
follows: "The Secretary may issue regulations necessary to implement and interpret this chapter. The
Secretary shall establish the following technical annexes to these Rules: Annex I, Positioning and Technical
Details of Lights and Shapes; Annex II, Additional Signals for Fishing Vessels Fishing in Close Proximity;
Annex III, Technical Details of Sound Appliances; and Annex IV, Distress Signals. These annexes shall be as
consistent as possible with the respective annexes to the International Regulations. The Secretary may
establish other technical annexes, including local pilot rules."
EDITORIAL NOTES
REFERENCES IN TEXT
Rule 1, referred to in pars. (a) and (b), was classified to section 2001 of this title, prior to repeal by Pub. L.
108–293, title III, §303(a), (c), Aug. 9, 2004, 118 Stat. 1042, effective May 17, 2010.
CODIFICATION
In subsec. (d)(1), "section 60105 of title 46" substituted for "section 4197 of the Revised Statutes of the
United States (46 App. U.S.C. 91)" on authority of Pub. L. 109–304, §18(c), Oct. 6, 2006, 120 Stat. 1709,
which Act enacted section 60105 of Title 46, Shipping.
AMENDMENTS
1996—Par. (d). Pub. L. 104–324 inserted heading and amended text generally. Prior to amendment, text
read as follows: "The Secretary of the Treasury shall withhold or revoke, at the request of the Secretary, the
clearance, required by section 91 of title 46, Appendix, of any vessel, the owner or operator of which is
subject to any of the penalties in this section. Clearance may be granted in such cases upon the filing of a bond
or other surety satisfactory to the Secretary."
(b) The purpose of this chapter is to promote and facilitate responsible and effective efforts to
establish artificial reefs in waters covered under this chapter.
(Pub. L. 98–623, title II, §202, Nov. 8, 1984, 98 Stat. 3394.)
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this title", meaning title II of Pub. L. 98–623, which in
addition to enacting this chapter also enacted section 1220d of Title 16, Conservation, and amended sections
1220, 1220a, 1220b, and 1220c of Title 16.
§2105. Definitions
For purposes of this chapter—
(1) The term "artificial reef" means a structure which is constructed or placed in waters covered
under this chapter for the purpose of enhancing fishery resources and commercial and recreational
fishing opportunities.
(2) The term "State" means a State of the United States, the District of Columbia, Puerto Rico,
the United States Virgin Islands, American Samoa, Guam, Johnston Island, Midway Island, and
Wake Island.
(3) The term "waters covered under this chapter" means the navigable waters of the United
States and the waters superjacent to the Outer Continental Shelf as defined in section 1331 of title
43, to the extent such waters exist in or are adjacent to any State.
(Pub. L. 98–623, title II, §206, Nov. 8, 1984, 98 Stat. 3397.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the
Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short
Title note set out below and Tables.
EXECUTIVE DOCUMENTS
PROMOTING THE RELIABLE SUPPLY AND DELIVERY OF WATER IN THE WEST
Memorandum of President of the United States, Oct. 19, 2018, 83 F.R. 53961, which related to water
infrastructure throughout the western United States, was revoked by Ex. Ord. No. 13990, §7(d), Jan. 20, 2021,
86 F.R. 7042, set out in a note under section 4321 of Title 42, The Public Health and Welfare.
EDITORIAL NOTES
REFERENCES IN TEXT
The Water Resources Reform and Development Act of 2014, referred to in subsec. (f)(2)(A), is Pub. L.
113–121, June 10, 2014, 128 Stat. 1193. For complete classification of this Act to the Code, see Short Title of
2014 Amendment note set out under section 2201 of this title and Tables.
The Water Resources Development Act of 2016, referred to in subsec. (f)(2)(B), is title I of Pub. L.
114–322, Dec. 16, 2016, 130 Stat. 1632. For complete classification of this Act to the Code, see Short Title of
2016 Amendment note set out under section 2201 of this title and Tables.
This Act, referred to in subsec. (f)(2)(C), probably means title I of Pub. L. 115–270, Oct. 23, 2018, 132
Stat. 3768, known as the Water Resources Development Act of 2018. For complete classification of this Act
to the Code, see Short Title of 2018 Amendment note set out under section 2201 of this title and Tables.
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the
America's Water Infrastructure Act of 2018, and not as part of the Water Resources Development Act of 1986
which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
§2211. Harbors
(a) Construction
(1) Payments during construction
The non-Federal interests for a navigation project for a harbor or inland harbor, or any separable
element thereof, on which a contract for physical construction has not been awarded before June
10, 2014, shall pay, during the period of construction of the project, the following costs associated
with general navigation features:
(A) 10 percent of the cost of construction of the portion of the project which has a depth not
in excess of 20 feet; plus
(B) 25 percent of the cost of construction of the portion of the project which has a depth in
excess of 20 feet but not in excess of 50 feet; plus
(C) 50 percent of the cost of construction of the portion of the project which has a depth in
excess of 50 feet.
(2) Additional 10 percent payment over 30 years
The non-Federal interests for a project to which paragraph (1) applies shall pay an additional 10
percent of the cost of the general navigation features of the project in cash over a period not to
exceed 30 years, at an interest rate determined pursuant to section 2216 of this title. The value of
lands, easements, rights-of-way, and relocations provided under paragraph (3) and the costs of
relocations borne by the non-Federal interests under paragraph (4) shall be credited toward the
payment required under this paragraph.
(3) Lands, easements, and rights-of-way
Except as provided under section 2283(c) of this title, the non-Federal interests for a project to
which paragraph (1) applies shall provide the lands, easements, rights-of-way, and relocations
(other than utility relocations under paragraph (4)) necessary for the project, including any lands,
easements, rights-of-way, and relocations (other than utility relocations accomplished under
paragraph (4)) that are necessary for dredged material disposal facilities.
(4) Utility relocations
The non-Federal interests for a project to which paragraph (1) applies shall perform or assure
the performance of all relocations of utilities necessary to carry out the project, except that in the
case of a project for a deep-draft harbor and in the case of a project constructed by non-Federal
interests under section 2232 of this title, one-half of the cost of each such relocation shall be borne
by the owner of the facility being relocated and one-half of the cost of each such relocation shall
be borne by the non-Federal interests.
(5) Dredged material disposal facilities for project construction
In this subsection, the term "general navigation features" includes constructed land-based and
aquatic dredged material disposal facilities that are necessary for the disposal of dredged material
required for project construction and for which a contract for construction has not been awarded
on or before October 12, 1996.
(b) Operation and maintenance
(1) In general
The Federal share of the cost of operation and maintenance of each navigation project for a
harbor or inland harbor constructed by the Secretary pursuant to this Act or any other law
approved after November 17, 1986, shall be 100 percent, except that in the case of a deep-draft
harbor, the non-Federal interests shall be responsible for an amount equal to 50 percent of the
excess of the cost of the operation and maintenance of such project over the cost which the
Secretary determines would be incurred for operation and maintenance of such project if such
project had a depth of 50 feet.
(2) Dredged material disposal facilities
The Federal share of the cost of constructing land-based and aquatic dredged material disposal
facilities that are necessary for the disposal of dredged material required for the operation and
maintenance of a project and for which a contract for construction has not been awarded on or
before October 12, 1996, shall be determined in accordance with subsection (a). The Federal share
of operating and maintaining such facilities shall be determined in accordance with paragraph (1).
(c) Erosion or shoaling attributable to Federal navigation works
Costs of constructing projects or measures for the prevention or mitigation of erosion or shoaling
damages attributable to Federal navigation works shall be shared in the same proportion as the cost
sharing provisions applicable to the project causing such erosion or shoaling. The non-Federal
interests for the project causing the erosion or shoaling shall agree to operate and maintain such
measures.
(d) Non-Federal payments during construction
The amount of any non-Federal share of the cost of any navigation project for a harbor or inland
harbor shall be paid to the Secretary. Amounts required to be paid during construction shall be paid
on an annual basis during the period of construction, beginning not later than one year after
construction is initiated.
(e) Agreement
Before initiation of construction of a project to which this section applies, the Secretary and the
non-Federal interests shall enter into a cooperative agreement according to the provisions of section
1962d–5b of title 42. The non-Federal interests shall agree to—
(1) provide to the Federal Government lands, easements, and rights-of-way, including those
necessary for dredged material disposal facilities, and perform the necessary relocations required
for construction, operation, and maintenance of such project;
(2) hold and save the United States free from damages due to the construction or operation and
maintenance of the project, except for damages due to the fault or negligence of the United States
or its contractors;
(3) provide to the Federal Government the non-Federal share of all other costs of construction
of such project; and
(4) in the case of a deep-draft harbor, be responsible for the non-Federal share of operation and
maintenance required by subsection (b) of this section.
(f) Consideration of funding requirements and equitable apportionment
The Secretary shall ensure, to the extent practicable, that—
(1) funding requirements for operation and maintenance dredging of commercial navigation
harbors are considered before Federal funds are obligated for payment of the Federal share of
costs associated with the construction of dredged material disposal facilities in accordance with
subsections (a) and (b);
(2) funds expended for such construction are apportioned equitably in accordance with regional
needs; and
(3) use of a dredged material disposal facility designed, constructed, managed, or operated by a
private entity is not precluded if, consistent with economic and environmental considerations, the
facility is the least-cost alternative.
(Pub. L. 99–662, title I, §101, Nov. 17, 1986, 100 Stat. 4082; Pub. L. 100–676, §13(a), Nov. 17,
1988, 102 Stat. 4025; Pub. L. 102–580, title III, §333(b)(1), Oct. 31, 1992, 106 Stat. 4852; Pub. L.
104–303, title II, §201(a)–(d), Oct. 12, 1996, 110 Stat. 3671, 3672; Pub. L. 113–121, title II,
§2102(b), June 10, 2014, 128 Stat. 1278; Pub. L. 114–322, title I, §1111, Dec. 16, 2016, 130 Stat.
1636.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in subsec. (b)(1), is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, as amended,
known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code,
see Short Title note set out under section 2201 of this title and Tables.
AMENDMENTS
2016—Subsec. (a)(1). Pub. L. 114–322, §1111(1), substituted "June 10, 2014," for "November 17, 1986,"
in introductory provisions.
Subsec. (a)(1)(B). Pub. L. 114–322, §1111(2), substituted "50 feet" for "45 feet".
Subsec. (a)(1)(C). Pub. L. 114–322, §1111(3), substituted "50 feet" for "45 feet".
2014—Subsec. (b)(1). Pub. L. 113–121 substituted "50 feet" for "45 feet".
1996—Subsec. (a)(2). Pub. L. 104–303, §201(a)(1), inserted last sentence and struck out former last
sentence which read as follows: "The value of lands, easements, rights-of-way, relocations, and dredged
material disposal areas provided under paragraph (3) and the costs of relocations borne by the non-Federal
interests under paragraph (4) shall be credited toward the payment required under this paragraph."
Subsec. (a)(3). Pub. L. 104–303, §201(a)(2), inserted "and" after "rights-of-way,", struck out ", and dredged
material disposal areas" after "relocations under paragraph (4))", and inserted before period at end ", including
any lands, easements, rights-of-way, and relocations (other than utility relocations accomplished under
paragraph (4)) that are necessary for dredged material disposal facilities".
Subsec. (a)(5). Pub. L. 104–303, §201(a)(3), added par. (5).
Subsec. (b). Pub. L. 104–303, §201(b), designated existing provisions as par. (1), inserted heading,
realigned margins, and substituted "by the Secretary pursuant to this Act or any other law approved after
November 17, 1986" for "pursuant to this Act", and added par. (2).
Subsec. (e)(1). Pub. L. 104–303, §201(c), substituted "including those necessary for dredged material
disposal facilities," for "and to provide dredged material disposal areas".
Subsec. (f). Pub. L. 104–303, §201(d), added subsec. (f).
1992—Subsec. (a)(3). Pub. L. 102–580 substituted "Except as provided under section 906(c), the
non-Federal" for "The non-Federal".
1988—Subsec. (a)(2). Pub. L. 100–676 added par. (2) and struck out former par. (2) which read as follows:
"The non-Federal interests for a project to which paragraph (1) applies shall pay an additional 10 percent of
the cost of the general navigation features of the project in cash over a period not to exceed 30 years, at an
interest rate determined pursuant to section 2216 of this title. The value of lands, easements, rights-of-way,
relocations, and dredged material disposal areas provided under paragraph (3) shall be credited toward the
payment required under this paragraph."
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
shall be paid only from amounts appropriated from the general fund of the Treasury. One-half of
such costs shall be paid only from amounts appropriated from the Inland Waterways Trust Fund. For
purposes of this subsection, the term "construction" shall include planning, designing, engineering,
surveying, the acquisition of all lands, easements, and rights-of-way necessary for the project,
including lands for disposal of dredged material, and relocations necessary for the project.
(b) Operation and maintenance
The Federal share of the cost of operation and maintenance of any project for navigation on the
inland waterways is 100 percent.
(c) Floodgates on the Inland Waterways
(1) Operation and maintenance carried out by the Secretary
Notwithstanding any other provision of law, the Secretary shall be responsible for the operation
and maintenance, including repair, of any flood gate, as well as any pumping station constructed
within the channel as a single unit with that flood gate, that—
(A) was constructed as of June 10, 2014, as a feature of an authorized hurricane and storm
damage reduction project; and
(B) crosses an inland or intracoastal waterway described in section 1804 of this title.
(2) Non-Federal cost share
The non-Federal share of the cost of operation, maintenance, repair, rehabilitation, and
replacement of any structure under this subsection shall be 35 percent.
(d) Authorizations from general fund
Any Federal responsibility—
(1) with respect to a project authorized by title III or section 652(j) of this title, or
(2) with respect to the portion of the project authorized by section 844 allocated to inland
navigation,
which responsibility is not provided for in subsection (a) of this section shall be paid only from
amounts appropriated from the general fund of the Treasury.
(Pub. L. 99–662, title I, §102, Nov. 17, 1986, 100 Stat. 4084; Pub. L. 113–121, title II, §2013, June
10, 2014, 128 Stat. 1271.)
EDITORIAL NOTES
REFERENCES IN TEXT
Title III of this Act, referred to in subsecs. (a)(1) and (d)(1), is title III of Pub. L. 99–662, Nov. 17, 1986,
100 Stat. 4109, consisting of sections 301 and 302. The projects authorized by title III probably mean the
projects authorized by section 301 of Pub. L. 99–662, which is not classified to the Code. Section 302 of Pub.
L. 99–662, which established the Inland Waterways Users Board, is classified to section 2251 of this title.
Section 844 of this Act, referred to in subsecs. (a)(3) and (d)(2), is section 844 of Pub. L. 99–662, Nov. 17,
1986, 100 Stat. 4177, which is not classified to the Code.
AMENDMENTS
2014—Subsecs. (c), (d). Pub. L. 113–121 added subsec. (c) and redesignated former subsec. (c) as (d).
which are separately identifiable from those produced by other portions of the project.
(g) Deferral of payment
(1) With respect to the projects listed in paragraph (2), no amount of the non-Federal share
required under this section shall be required to be paid during the three-year period beginning on
November 17, 1986.
(2) The projects referred to in paragraph (1) are the following:
(A) Boeuf and Tensas Rivers, Tensas Basin, Louisiana and Arkansas, authorized by the Flood
Control Act of 1946;
(B) Eight Mile Creek, Arkansas, authorized by Public Law 99–88; and
(C) Rocky Bayou Area, Yazoo Backwater Area, Yazoo Basin, Mississippi, authorized by the
Flood Control Act approved August 18, 1941.
(h) Assigned joint and separable costs
The share of the costs specified under this section for each project purpose shall apply to the joint
and separable costs of construction of each project assigned to that purpose, except as otherwise
specified in this Act.
(i) Lands, easements, rights-of-way, dredged material disposal areas, and relocations
Except as provided under section 2283(c) of this title, the non-Federal interests for a project to
which this section applies shall provide all lands, easements, rights-of-way, and dredged material
disposal areas required for the project and perform all necessary relocations, except to the extent
limited by any provision of this section. The value of any contribution under the preceding sentence
shall be included in the non-Federal share of the project specified in this section.
(j) Agreement
(1) Requirement for agreement
(A) In general
Any project to which this section applies (other than a project for hydroelectric power) shall
be initiated only after non-Federal interests have entered into binding agreements with the
Secretary to pay 100 percent of the operation, maintenance, and replacement and rehabilitation
costs of the project, to pay the non-Federal share of the costs of construction required by this
section, and to hold and save the United States free from damages due to the construction or
operation and maintenance of the project, except for damages due to the fault or negligence of
the United States or its contractors.
(B) Inclusion
An agreement under subparagraph (A) shall include a brief description and estimation of the
anticipated operations, maintenance, and replacement and rehabilitation costs of the non-Federal
interest for the project.
(2) Elements of agreement
The agreement required pursuant to paragraph (1) shall be in accordance with the requirements
of section 1962d–5b of title 42 and shall provide for the rights and duties of the United States and
the non-Federal interest with respect to the construction, operation, and maintenance of the
project, including, but not limited to, provisions specifying that, in the event the non-Federal
interest fails to provide the required non-Federal share of costs for such work, the Secretary—
(A) shall terminate or suspend work on the project unless the Secretary determines that
continuation of the work is in the interest of the United States or is necessary in order to satisfy
agreements with other non-Federal interests in connection with the project; and
(B) may terminate or adjust the rights and privileges of the non-Federal interest to project
outputs under the terms of the agreement.
(k) Payment options
(1) In general
Except as otherwise provided in this section, the Secretary may permit the full non-Federal
contribution to be made without interest during construction of the project or separable element, or
with interest at a rate determined pursuant to section 2216 of this title over a period of not more
than thirty years from the date of completion of the project or separable element. Repayment
contracts shall provide for recalculation of the interest rate at five-year intervals.
(2) Renegotiation of terms
(A) In general
At the request of a non-Federal interest, the Secretary and the non-Federal interest may
renegotiate the terms and conditions of an eligible deferred payment, including—
(i) permitting the non-Federal contribution to be made without interest, pursuant to
paragraph (1);
(ii) recalculation of the interest rate;
(iii) full or partial forgiveness of interest accrued during the period of construction; and
(iv) a credit against construction interest for a non-Federal investment that benefits the
completion or performance of the project or separable element.
(B) Eligible deferred payment
An eligible deferred payment agreement under subparagraph (A) is an agreement for which—
(i) the non-Federal contribution was made with interest;
(ii) the period of project construction exceeds 10 years from the execution of a project
partnership agreement or appropriation of funds; and
(iii) the construction interest exceeds $45,000,000.
(3) Credit for non-Federal contribution
(A) In general
The Secretary is authorized to credit any costs incurred by the non-Federal interest (including
in-kind contributions) to remedy a design or construction deficiency of a covered project or
separable element toward the non-Federal share of the cost of the covered project, if the
Secretary determines the remedy to be integral to the completion or performance of the covered
project.
(B) Credit of costs
If the non-Federal interest incurs costs or in-kind contributions for a project to remedy a
design or construction deficiency of a project or separable element which has a 100 percent
Federal cost share, and the Secretary determines the remedy to be integral to the completion or
performance of the project, the Secretary is authorized to credit such costs to any interest
accrued on a deferred non-Federal contribution.
(4) Treatment of pre-payment
Notwithstanding a deferred payment agreement with a non-Federal interest, the Secretary shall
accept, without interest of any type, the repayment of a non-Federal contribution for any eligible
deferred payment described in paragraph (2)(B) for which—
(A) the non-Federal interest makes a payment of at least $200 million for that eligible
deferred payment agreement on or before September 30, 2021; and
(B) the non-Federal interest repays the remaining principal by September 30, 2023.
(l) Delay of initial payment
At the request of any non-Federal interest the Secretary may permit such non-Federal interest to
delay the initial payment of any non-Federal contribution under this section or section 2211 of this
title for up to one year after the date when construction is begun on the project for which such
contribution is to be made. Any such delay in initial payment shall be subject to interest charges for
up to six months at a rate determined pursuant to section 2216 of this title.
(m) Ability to pay
(1) In general
Any cost-sharing agreement under this section for a feasibility study, or for construction of an
environmental protection and restoration project, a flood control project, a project for navigation,
storm damage protection, shoreline erosion, hurricane protection, or recreation, or an agricultural
water supply project, shall be subject to the ability of the non-Federal interest to pay.
(2) Criteria and procedures
The ability of a non-Federal interest to pay shall be determined by the Secretary in accordance
with criteria and procedures in effect under paragraph (3) on the day before December 11, 2000;
except that such criteria and procedures shall be revised, and new criteria and procedures shall be
developed, not later than December 31, 2007, to reflect the requirements of such paragraph (3).
(3) Revision of criteria and procedures
In revising criteria and procedures pursuant to paragraph (2), the Secretary—
(A) shall consider—
(i) per capita income data for the county or counties in which the project is to be located;
and
(ii) the per capita non-Federal cost of construction of the project for the county or counties
in which the project is to be located; and
(B) may consider additional criteria relating to the non-Federal interest's financial ability to
carry out its cost-sharing responsibilities, to the extent that the application of such criteria does
not eliminate areas from eligibility for a reduction in the non-Federal share as determined under
subparagraph (A).
(4) Non-Federal share
Notwithstanding subsection (a), the Secretary may reduce the requirement that a non-Federal
interest make a cash contribution for any project that is determined to be eligible for a reduction in
the non-Federal share under criteria and procedures in effect under paragraphs (1), (2), and (3).
(n) Non-Federal contributions
(1) Prohibition on solicitation of excess contributions
The Secretary may not—
(A) solicit contributions from non-Federal interests for costs of constructing authorized water
resources projects or measures in excess of the non-Federal share assigned to the appropriate
project purposes listed in subsections (a), (b), and (c); or
(B) condition Federal participation in such projects or measures on the receipt of such
contributions.
(2) Limitation on statutory construction
Nothing in this subsection shall be construed to affect the Secretary's authority under section
903(c).1
(Pub. L. 99–662, title I, §103, Nov. 17, 1986, 100 Stat. 4084; Pub. L. 101–640, title III, §305(a),
Nov. 28, 1990, 104 Stat. 4635; Pub. L. 102–580, title II, §201(a), title III, §333(b)(2), Oct. 31, 1992,
106 Stat. 4825, 4852; Pub. L. 104–303, title II, §§202(a)(1)(A), (2), (b)(1), 210(a), Oct. 12, 1996,
110 Stat. 3673, 3681; Pub. L. 106–53, title II, §§215(a), 219(c), Aug. 17, 1999, 113 Stat. 292, 295;
Pub. L. 106–109, §5, Nov. 24, 1999, 113 Stat. 1495; Pub. L. 106–541, title II, §204, Dec. 11, 2000,
114 Stat. 2589; Pub. L. 110–114, title II, §§2001, 2019(a), Nov. 8, 2007, 121 Stat. 1067, 1078; Pub.
L. 116–260, div. AA, title I, §§115(b), 143, title III, §351, Dec. 27, 2020, 134 Stat. 2627, 2653,
2717.)
EDITORIAL NOTES
REFERENCES IN TEXT
Public Law 98–8, referred to in subsec. (e)(2), is Pub. L. 98–8, Mar. 24, 1983, 97 Stat. 13. For complete
classification of this Act to the Code, see Tables.
Section 202 of Public Law 96–367, referred to in subsec. (e)(2), is section 202 of Pub. L. 96–367, title II,
Oct. 1, 1980, 94 Stat. 1339, which is not classified to the Code.
This Act, referred to in subsecs. (f) and (h), is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, as amended,
known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code,
see Short Title note set out under section 2201 of this title and Tables.
The Flood Control Act of 1946, referred to in subsec. (g)(2)(A), is act July 24, 1946, ch. 596, 60 Stat. 641,
as amended. For complete classification of this Act to the Code, see Tables.
Public Law 99–88, referred to in subsec. (g)(2)(B), is Pub. L. 99–88, Aug. 15, 1985, 99 Stat. 293, known as
the Supplemental Appropriations Act, 1985. Provisions of Pub. L. 99–88 authorizing the project for Eight
Mile Creek, Arkansas, are not classified to the Code. For complete classification of this Act to the Code, see
Tables.
The Flood Control Act approved August 18, 1941, referred to in subsec. (g)(2)(C), is act Aug. 18, 1941, ch.
377, 55 Stat. 638. For complete classification of this Act to the Code, see Tables.
Section 903(c), referred to in subsec. (n)(2), is section 903(c) of Pub. L. 99–662, title IX, Nov. 17, 1986,
100 Stat. 4184, which is not classified to the Code.
AMENDMENTS
2020—Subsec. (b). Pub. L. 116–260, §115(b)(1), substituted "Projects using nonstructural, natural, or
nature-based features" for "Nonstructural flood control projects" in heading.
Subsec. (b)(1). Pub. L. 116–260, §115(b)(2), substituted "a flood risk management or hurricane and storm
damage risk reduction measure using a nonstructural feature, or a natural feature or nature-based feature (as
those terms are defined in section 2289a(a) of this title)," for "nonstructural flood control measures" and "cash
during construction for a nonstructural feature if the costs of land, easements, rights-of-way, dredged material
disposal areas, and relocations for such feature are estimated to exceed 35 percent" for "cash during
construction of the project".
Subsec. (j)(1). Pub. L. 116–260, §143, designated existing provisions as subpar. (A), inserted heading, and
added subpar. (B).
Subsec. (k). Pub. L. 116–260, §351, designated existing provisions as par. (1), inserted heading, and added
pars. (2) to (4).
2007—Subsec. (m)(2). Pub. L. 110–114, §2019(a), substituted "December 31, 2007" for "180 days after
December 11, 2000".
Subsec. (n). Pub. L. 110–114, §2001, added subsec. (n).
2000—Subsec. (m)(1), (2). Pub. L. 106–541, §204(1), added pars. (1) and (2) and struck out former pars.
(1) and (2) which required any cost-sharing agreement to be subject to the ability of a non-Federal interest to
pay and required the Secretary to determine ability to pay using certain criteria and procedures.
Subsec. (m)(3)(B), (C). Pub. L. 106–541, §204(2), redesignated subpar. (C) as (B) and struck out former
subpar. (B) which read as follows: "shall not consider criteria (other than criteria described in subparagraph
(A)) in effect on the day before October 12, 1996; and".
1999—Subsec. (b). Pub. L. 106–53, §219(c)(1), which directed insertion of the par. (1) designation and
heading before "The non-Federal", was executed by making the insertion before that phrase the first place it
appeared to reflect the probable intent of Congress.
Subsec. (b)(2). Pub. L. 106–53, §219(c)(2), added par. (2).
Subsec. (d). Pub. L. 106–53, §215(a), designated existing provisions as par. (1), inserted heading, and added
par. (2).
Subsec. (d)(2)(A). Pub. L. 106–109 substituted "except for a project for which a District Engineer's Report
is completed by that date," for "or for which a feasibility study is completed after that date,".
1996—Subsecs. (a)(2), (b). Pub. L. 104–303, §202(a)(1)(A), substituted "35 percent" for "25 percent"
wherever appearing.
Subsec. (c)(7). Pub. L. 104–303, §210(a), added par. (7).
Subsec. (e)(1). Pub. L. 104–303, §202(a)(2), inserted at end "For the purpose of the preceding sentence,
physical construction shall be considered to be initiated on the date of the award of a construction contract."
Subsec. (m). Pub. L. 104–303, §202(b)(1), reenacted heading without change and amended text generally.
Prior to amendment, text read as follows: "Any cost-sharing agreement under this section for flood control or
agricultural water supply shall be subject to the ability of a non-Federal interest to pay. The ability of any
non-Federal interest to pay shall be determined by the Secretary in accordance with procedures established by
the Secretary."
1992—Subsec. (i). Pub. L. 102–580, §333(b)(2), substituted "Except as provided under section 2283(c) of
this title, the non-Federal" for "The non-Federal".
Subsec. (m). Pub. L. 102–580, §201(a), amended subsec. (m) generally. Prior to amendment, subsec. (m)
read as follows:
"(1) GENERAL RULE.—Any cost-sharing agreement under this section for flood control or agricultural
water supply shall be subject to the ability of a non-Federal interest to pay.
"(2) PROCEDURES.—
"(A) IN GENERAL.—The ability of any non-Federal interest to pay shall be determined by the
Secretary in accordance with procedures established by the Secretary.
"(B) LIMITATIONS.—The procedures established pursuant to this subsection shall provide for a
reduction in any non-Federal cash contribution required under subsection (a)(2) of this section. In addition,
such procedures shall provide for determination of the eligibility of the non-Federal interest for a reduction
in the required cash contribution on the basis of local, not statewide, economic and financial data.
"(C) REGULATIONS.—Not later than 1 year after November 28, 1990, the Secretary shall issue
regulations establishing the procedures required by this paragraph."
1990—Subsec. (m). Pub. L. 101–640 amended subsec. (m) generally. Prior to amendment, subsec. (m) read
as follows: "Any cost-sharing agreement under this section for flood control or agricultural water supply shall
be subject to the ability of a non-Federal interest to pay. The ability of any non-Federal interest to pay shall be
determined by the Secretary in accordance with procedures established by the Secretary."
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
In no event may work which was carried out more than 5 years before November 17, 1986, be
considered under this subsection, unless otherwise provided in this Act.
(d) Procedure for work done before November 17, 1986
The Secretary shall consider, under subsections (b) and (c), work carried out before November 17,
1986, by non-Federal interests on a project for flood control, if the non-Federal interests apply to the
Secretary for consideration of such work not later than March 31, 1987. The Secretary shall make
determinations under subsections (b) and (c) with respect to such work not later than 6 months after
guidelines are issued under subsection (a).
(e) Procedure for work done after November 17, 1986
The Secretary shall consider work carried out after November 17, 1986, by non-Federal interests
on a project for flood control under subsections (b) and (c) in accordance with the guidelines issued
under subsection (a). The guidelines shall require prior approval by the Secretary of any flood
control work carried out after November 17, 1986, in order to be considered under this section,
taking into account the economic and environmental feasibility of the project.
(f) Limitation not applicable
Any flood control work included as part of the non-Federal share of the cost of a project under this
section shall not be subject to the limitation contained in the last sentence of section 1962d–5a(a) of
title 42.
(g) Cash contribution not affected
Nothing in this section affects the requirement of section 2213(a)(1)(A) of this title.
(Pub. L. 99–662, title I, §104, Nov. 17, 1986, 100 Stat. 4087.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in subsecs. (b) and (c), is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, as amended,
known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code,
see Short Title note set out under section 2201 of this title and Tables.
§2215. Feasibility studies; planning, engineering, and design
(a) Feasibility studies
(1) Cost sharing
(A) In general
The Secretary shall not initiate any feasibility study for a water resources project after
November 17, 1986, until appropriate non-Federal interests agree, by contract, to contribute 50
percent of the cost of the study.
(B) Payment of cost share during period of study
During the period of the study, the non-Federal share of the cost of the study payable under
subparagraph (A) shall be 50 percent of the sum of—
(i) the cost estimate for the study as contained in the feasibility cost-sharing agreement;
and
(ii) any excess of the cost of the study over the cost estimate if the excess results from—
(I) a change in Federal law; or
(II) a change in the scope of the study requested by the non-Federal interests.
(C) Payment of cost share on authorization of project or termination of study
(i) Project timely authorized
Except as otherwise agreed to by the Secretary and the non-Federal interests and subject to
clause (ii), the non-Federal share of any excess of the cost of the study over the cost estimate
(excluding any excess cost described in subparagraph (B)(ii)) shall be payable on the date on
which the Secretary and the non-Federal interests enter into an agreement pursuant to section
2211(e) or 2213(j) of this title with respect to the project.
(ii) Project not timely authorized
If the project that is the subject of the study is not authorized by the date that is 5 years
after the completion of the final report of the Chief of Engineers concerning the study or the
date that is 2 years after the termination of the study, the non-Federal share of any excess of
the cost of the study over the cost estimate (excluding any excess cost described in
subparagraph (B)(ii)) shall be payable to the United States on that date.
(D) Amendment of cost estimate
The cost estimate referred to in subparagraph (B)(i) may be amended only by agreement of
the Secretary and the non-Federal interests.
(E) In-kind contributions
The non-Federal share required under this paragraph may be satisfied by the provision of
services, materials, supplies, or other in-kind services necessary to prepare the feasibility report.
(2) Applicability
This subsection shall not apply to any water resources study primarily designed for the purposes
of navigational improvements in the nature of dams, locks, and channels on the Nation's system of
inland waterways.
(3) Detailed project reports
The requirements of this subsection that apply to a feasibility study also shall apply to a study
that results in a detailed project report, except that—
(A) the first $100,000 of the costs of a study that results in a detailed project report shall be a
Federal expense; and
(B) paragraph (1)(C)(ii) shall not apply to such a study.
(b) Planning and engineering
The Secretary shall not initiate any planning or engineering for a water resources project until
appropriate non-Federal interests agree, by contract, to contribute 50 percent of the cost of the
planning and engineering during the period of the planning and engineering. Costs of planning and
engineering of projects for which non-Federal interests contributed 50 percent of the cost of the
feasibility study shall be treated as costs of construction.
(c) Design
Costs of design of a water resources project shall be shared in the same percentage as the purposes
of such project.
(d) Definitions
In this section, the following definitions apply:
(1) Detailed project report
The term "detailed project report" means a report for a project not specifically authorized by
Congress in law or otherwise that determines the feasibility of the project with a level of detail
appropriate to the scope and complexity of the recommended solution and sufficient to proceed
directly to the preparation of contract plans and specifications. The term includes any associated
environmental impact statement and mitigation plan. For a project for which the Federal cost does
not exceed $1,000,000, the term includes a planning and design analysis document.
(2) Feasibility study
The term "feasibility study" means a study that results in a feasibility report under section 2282
of this title, and any associated environmental impact statement and mitigation plan, prepared by
the Corps of Engineers for a water resources project. The term includes a study that results in a
project implementation report prepared under title VI of the Water Resources Development Act of
2000 (114 Stat. 2680–2694), a general reevaluation report, and a limited reevaluation report.
(Pub. L. 99–662, title I, §105, Nov. 17, 1986, 100 Stat. 4088; Pub. L. 101–640, title III, §301, Nov.
28, 1990, 104 Stat. 4633; Pub. L. 104–303, title II, §203(a), Oct. 12, 1996, 110 Stat. 3677; Pub. L.
106–541, title II, §225, Dec. 11, 2000, 114 Stat. 2598; Pub. L. 110–114, title II, §2043(a), Nov. 8,
2007, 121 Stat. 1101.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Water Resources Development Act of 2000, referred to in subsec. (d)(2), is Pub. L. 106–541, Dec. 11,
2000, 114 Stat. 2572. Title VI of the Act is not classified to the Code. For complete classification of this Act
to the Code, see Short Title of 2000 Amendment note set out under section 2201 of this title and Tables.
AMENDMENTS
2007—Subsec. (a)(3). Pub. L. 110–114, §2043(a)(1), added par. (3).
Subsec. (b). Pub. L. 110–114, §2043(a)(2), struck out "authorized by this Act" before "for a water resources
project".
Subsec. (d). Pub. L. 110–114, §2043(a)(3), added subsec. (d).
2000—Subsec. (a)(1)(E). Pub. L. 106–541 substituted "The" for "Not more than ½ of the".
1996—Subsec. (a)(1). Pub. L. 104–303, §203(a)(1), inserted heading and amended text of par. (1)
generally. Prior to amendment text read as follows: "The Secretary shall not initiate any feasibility study for a
water resources project after November 17, 1986, until appropriate non-Federal interests agree, by contract, to
contribute 50 percent of the cost for such study during the period of such study. Not more than one-half of
such non-Federal contribution may be made by the provision of services, materials, supplies, or other in-kind
services necessary to prepare the feasibility report."
Subsec. (a)(2). Pub. L. 104–303, §203(a)(2), inserted heading.
1990—Subsec. (b). Pub. L. 101–640 inserted at end "Costs of planning and engineering of projects for
which non-Federal interests contributed 50 percent of the cost of the feasibility study shall be treated as costs
of construction."
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–303, title II, §203(b), Oct. 12, 1996, 110 Stat. 3678, provided that: "The amendments made by
subsection (a) [amending this section] shall apply notwithstanding any feasibility cost-sharing agreement
entered into by the Secretary and the non-Federal interests. On request of the non-Federal interest, the
Secretary shall amend any feasibility cost-sharing agreements in effect on the date of the enactment of this Act
[Oct. 12, 1996] so as to conform the agreements with the amendments."
NO REQUIREMENT OF REIMBURSEMENT
Pub. L. 104–303, title II, §203(c), Oct. 12, 1996, 110 Stat. 3678, provided that: "Nothing in this section
[amending this section and enacting provisions set out above] or any amendment made by this section requires
the Secretary to reimburse the non-Federal interests for funds previously contributed for a study."
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the
Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short
Title note set out under section 2201 of this title and Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the
Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short
Title note set out under section 2201 of this title and Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the
Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short
Title note set out under section 2201 of this title and Tables.
§2219. Definitions
For purposes of this subchapter, terms shall have the meanings given by section 2241 of this title.
(Pub. L. 99–662, title I, §109, Nov. 17, 1986, 100 Stat. 4089.)
§2220. Rivers and harbors and other waterways projects for benefit of
navigation, flood control, hurricane protection, beach erosion control, and
other purposes
(a) Congressional declaration of policy; purchase of indebtedness and loans to local interests to
meet contribution requirements
In the prosecution of projects for rivers and harbors and other waterways for the benefit of
navigation, the control of destructive flood waters, hurricane protection, beach erosion control, and
for other purposes, authorized to be prosecuted under the direction of the Secretary of the Army
under the supervision of the Chief of Engineers in accordance with plans adopted and authorized by
the Congress, it is hereby declared to be the policy of the Congress, that whenever such projects are
located wholly or partially within an area which is eligible for financial assistance under the Public
Works and Economic Development Act of 1965 [42 U.S.C. 3121 et seq.], the Secretary of
Commerce is authorized to purchase evidences of indebtedness and to make loans for a period not
exceeding fifty years to enable responsible local interests to meet the requirements of local
cooperation pertaining to contributions toward the cost of construction of such projects within such
areas.
(b) Authorization of appropriations
There is hereby authorized to be appropriated to carry out this section, not to exceed $10,000,000
per fiscal year for the fiscal year ending June 30, 1966, and for each fiscal year thereafter through
and including the fiscal year ending June 30, 1970.
(Pub. L. 89–298, title II, §217, Oct. 27, 1965, 79 Stat. 1088.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Public Works and Economic Development Act of 1965, referred to in subsec. (a), is Pub. L. 89–136,
Aug. 26, 1965, 79 Stat. 552, as amended, which is classified generally to chapter 38 (§3121 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set
out under section 3121 of Title 42 and Tables.
CODIFICATION
Section was formerly classified to section 3142a of Title 42, The Public Health and Welfare.
Section was not enacted as part of the Water Resources Development Act of 1986 which comprises this
chapter.
§2221. Cost limitations on projects
Beginning in fiscal year 2006 and thereafter, agreements proposed for execution by the Assistant
Secretary of the Army for Civil Works or the United States Army Corps of Engineers after
November 19, 2005, pursuant to section 560 of this title; section 561 1 of this title; the Civil
Functions Appropriations Act, 1936, Public Law 75–208 1 ; section 1962d–5a of title 42; sections
2214, 2231, and 2232 of this title; section 426i–1 1 of this title; section 701b–13 1 of this title; and
any other specific project authority, shall be limited to total credits and reimbursements for all
applicable projects not to exceed $100,000,000 in each fiscal year.
(Pub. L. 109–103, title I, §102, Nov. 19, 2005, 119 Stat. 2253.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 561 of this title, referred to in text, was repealed by Pub. L. 115–270, title I, §1166(c), Oct. 23,
2018, 132 Stat. 3798.
The Civil Functions Appropriations Act, 1936, Public Law 75–208, referred to in text, may mean the War
Department Civil Appropriation Act, 1938, act July 19, 1937, ch. 511, 50 Stat. 515, 518, which amended act
June 22, 1936, ch. 688, §5, by adding the proviso classified to section 701h of this title.
Sections 426i–1 and 701b–13 of this title, referred to in text, were repealed by Pub. L. 113–121, title I,
§1014(c)(2), (3), June 10, 2014, 128 Stat. 1222.
CODIFICATION
Section was enacted as part of the Energy and Water Development Appropriations Act, 2006, and not as
part of the Water Resources Development Act of 1986 which comprises this chapter.
PRIOR PROVISIONS
Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 108–447, div. C, title I, §101, Dec. 8, 2004, 118 Stat. 2941; Pub. L. 109–13, div. A, title VI, §6005,
May 11, 2005, 119 Stat. 282.
Pub. L. 108–137, title I, §101, Dec. 1, 2003, 117 Stat. 1833.
Pub. L. 108–7, div. D, title I, §101, Feb. 20, 2003, 117 Stat. 138.
Pub. L. 107–66, title I, §103, Nov. 12, 2001, 115 Stat. 493.
Pub. L. 106–377, §1(a)(2) [title I, §102], Oct. 27, 2000, 114 Stat. 1441, 1441A–65.
Pub. L. 106–60, title I, §102, Sept. 29, 1999, 113 Stat. 487.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
REFERENCES IN TEXT
Section 1018(a), referred to in subsec. (b)(1), means section 1018(a) of Pub. L. 113–121.
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2016—Subsec. (a). Pub. L. 114–322 substituted "Application of credit" for "In general" in subsec. heading,
designated existing provisions as par. (1) and inserted par. (1) heading, and added par. (2).
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
§2225. Credit or reimbursement
(a) Requests for credits
With respect to an authorized flood damage reduction project, or separable element thereof, that
has been constructed by a non-Federal interest under section 701b–13 1 of this title, or an authorized
coastal navigation project that has been constructed by the Corps of Engineers pursuant to section
561 of this title before October 23, 2018, the Secretary may provide to the non-Federal interest, at
the request of the non-Federal interest, a credit in an amount equal to the estimated Federal share of
the cost of the project or separable element, in lieu of providing to the non-Federal interest a
reimbursement in that amount or reimbursement of funds of an equivalent amount, subject to the
availability of appropriations.
(b) Application of credits
At the request of the non-Federal interest, the Secretary may apply all or a portion of such credit to
the share of the cost of the non-Federal interest of carrying out other flood damage reduction and
coastal navigation projects or studies.
(c) Application of reimbursement
At the request of the non-Federal interest, the Secretary may apply such funds, subject to the
availability of appropriations, equal to the share of the cost of the non-Federal interest of carrying out
other flood damage reduction and coastal navigation projects or studies.
(Pub. L. 113–121, title I, §1022, June 10, 2014, 128 Stat. 1228; Pub. L. 114–322, title I, §1171, Dec.
16, 2016, 130 Stat. 1671; Pub. L. 115–270, title I, §1136(a), Oct. 23, 2018, 132 Stat. 3783.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 701b–13 of this title, referred to in subsec. (a), was repealed by Pub. L. 113–121, title I,
§1014(c)(3), June 10, 2014, 128 Stat. 1222.
AMENDMENTS
2018—Pub. L. 115–270 amended section generally. Prior to amendment, section related to credit in lieu of
reimbursement.
2016—Subsec. (a). Pub. L. 114–322, §1171(1), substituted "for which a written agreement with the Corps
of Engineers for construction was finalized on or before December 31, 2014, under section 701b–13 of this
title (as it existed before the repeal made by section 1014(c)(3))" for "that has been constructed by a
non-Federal interest under section 701b–13 of this title before June 10, 2014".
Subsec. (b). Pub. L. 114–322, §1171(2), substituted "non-Federal share of the cost of carrying out other
water resources development projects or studies of the non-Federal interest" for "share of the cost of the
non-Federal interest of carrying out other flood damage reduction projects or studies".
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (b)(2)(B), is Pub. L. 91–190, Jan. 1,
1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section
4321 of Title 42 and Tables.
AMENDMENTS
2020—Subsec. (a)(1). Pub. L. 116–260, §161(a)(1)(A), inserted ", or, upon the written approval of the
Secretary that the modifications are consistent with the authorized purposes of the project, undertake a
feasibility study on modifications to a water resources development project constructed by the Corps of
Engineers," after "water resources development project".
Subsec. (a)(2). Pub. L. 116–260, §161(a)(1)(B), substituted "for the formulation of feasibility studies of
water resources development projects undertaken by non-Federal interests to—" for "for feasibility studies of
water resources development projects to provide sufficient information for the formulation of the studies." and
added subpars. (A) and (B).
Subsec. (b). Pub. L. 116–260, §161(a)(2), designated existing provisions as par. (1), inserted heading, and
added pars. (2) to (5).
Subsec. (c)(1). Pub. L. 116–260, §161(a)(3), in introductory provisions, substituted "after the completion of
review of a feasibility study under subsection (b)" for "after the date of receipt of a feasibility study of a
project under subsection (a)(1)" and "an assessment" for "a report".
2018—Subsec. (a)(1). Pub. L. 115–270, §1152(1), inserted "federally authorized" before "feasibility study".
Subsec. (c). Pub. L. 115–270, §1152(2), amended subsec. (c) generally. Prior to amendment, text read as
follows: "Not later than 180 days after the date of receipt of a feasibility study of a project under subsection
(a)(1), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of Representatives a report that describes—
"(1) the results of the Secretary's review of the study under subsection (b), including a determination of
whether the project is feasible;
"(2) any recommendations the Secretary may have concerning the plan or design of the project; and
"(3) any conditions the Secretary may require for construction of the project."
Subsec. (e). Pub. L. 115–270, §1152(3), amended subsec. (e) generally. Prior to amendment, text read as
follows "At the request of a non-Federal interest, the Secretary may provide to the non-Federal interest
technical assistance relating to any aspect of a feasibility study if the non-Federal interest contracts with the
Secretary to pay all costs of providing such technical assistance.".
2016—Subsec. (e). Pub. L. 114–322 added subsec. (e).
2014—Pub. L. 113–121 amended section generally. Prior to amendment, section related to studies of
projects by non-Federal interests.
(B) the Secretary determines that all Federal laws and regulations applicable to the
construction of a water resources development project, and any conditions identified under
subsection (b)(1)(B), were complied with by the non-Federal interest during construction of the
project or separable element of the project.
(2) Application of credit
The Secretary may apply credit toward—
(A) the non-Federal share of authorized separable elements of the same project; or
(B) subject to the requirements of this section and section 2223 of this title, at the request of
the non-Federal interest, the non-Federal share of a different water resources development
project.
(3) Requirements
The Secretary may only apply credit or provide reimbursement under paragraph (1) if—
(A) Congress has authorized construction of the project or separable element of the project;
(B) the Secretary certifies that the project has been constructed in accordance with—
(i) all applicable permits or approvals; and
(ii) this section; and
(C) in the case of reimbursement, appropriations are provided by Congress for such purpose.
(4) Monitoring
The Secretary shall regularly monitor and audit any water resources development project, or
separable element of a water resources development project, constructed by a non-Federal interest
under this section to ensure that—
(A) the construction is carried out in compliance with the requirements of this section; and
(B) the costs of the construction are reasonable.
(5) Discrete segments
(A) In general
The Secretary may authorize credit or reimbursement under this subsection for carrying out a
discrete segment of a federally authorized water resources development project, or separable
element thereof, before final completion of the project or separable element if—
(i) except as provided in clause (ii), the Secretary determines that the discrete segment
satisfies the requirements of paragraphs (1) through (4) in the same manner as the project or
separable element; and
(ii) notwithstanding paragraph (1)(A)(ii), the Secretary determines, before the approval of
the plans under paragraph (1)(A)(i), that the discrete segment is technically feasible and
environmentally acceptable.
(B) Determination
Credit or reimbursement may not be made available to a non-Federal interest pursuant to this
paragraph until the Secretary determines that—
(i) the construction of the discrete segment for which credit or reimbursement is requested
is complete; and
(ii) the construction is consistent with the authorization of the applicable water resources
development project, or separable element thereof, and the plans approved under paragraph
(1)(A)(i).
(C) Written agreement
(i) In general
As part of the written agreement required under paragraph (1)(A)(iii), a non-Federal
interest to be eligible for credit or reimbursement under this paragraph shall—
(I) identify any discrete segment that the non-Federal interest may carry out; and
(II) agree to the completion of the water resources development project, or separable
element thereof, with respect to which the discrete segment is a part and establish a
timeframe for such completion.
(ii) Remittance
If a non-Federal interest fails to complete a water resources development project, or
separable element thereof, that it agreed to complete under clause (i)(II), the non-Federal
interest shall remit any reimbursements received under this paragraph for a discrete segment
of such project or separable element.
(D) Discrete segment defined
In this paragraph, the term "discrete segment" means a physical portion of a water resources
development project to be carried out, or separable element thereof—
(i) described by a non-Federal interest in a written agreement required under paragraph
(1)(A)(iii); and
(ii) that the non-Federal interest can operate and maintain, independently and without
creating a hazard, in advance of final completion of the water resources development project,
or separable element thereof.
(e) Notification of committees
If a non-Federal interest notifies the Secretary that the non-Federal interest intends to carry out a
project, or separable element thereof, under this section, the Secretary shall provide written notice to
the Committee on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives concerning the intent of the
non-Federal interest.
(f) Operation and maintenance
(1) Assumption of maintenance
Whenever a non-Federal interest carries out improvements to a federally authorized harbor or
inland harbor, the Secretary shall be responsible for operation and maintenance in accordance with
section 2211(b) of this title if—
(A) before construction of the improvements—
(i) the Secretary determines that the improvements are feasible and consistent with the
purposes of this subchapter; and
(ii) the Secretary and the non-Federal interest execute a written agreement relating to
operation and maintenance of the improvements;
(B) the Secretary certifies that the project or separable element of the project is constructed in
accordance with applicable permits and appropriate engineering and design standards; and
(C) the Secretary does not find that the project or separable element is no longer feasible.
(2) Federal financial participation in the costs of a locally preferred plan.
In the case of improvements determined by the Secretary pursuant to paragraph (1)(A)(i) to
deviate from the national economic development plan, the Secretary shall be responsible for all
operation and maintenance costs of such improvements, as described in section 2211(b) of this
title, including costs in excess of the costs of the national economic development plan, if the
Secretary determines that the improvements satisfy the requirements of paragraph (1).
(Pub. L. 99–662, title II, §204, Nov. 17, 1986, 100 Stat. 4099; Pub. L. 101–640, title III, §303, Nov.
28, 1990, 104 Stat. 4634; Pub. L. 113–121, title I, §1014(b)(1), June 10, 2014, 128 Stat. 1220; Pub.
L. 114–322, title I, §1127, Dec. 16, 2016, 130 Stat. 1648; Pub. L. 115–270, title I, §1153, Oct. 23,
2018, 132 Stat. 3789; Pub. L. 116–260, div. AA, title I, §105(a), (b), Dec. 27, 2020, 134 Stat. 2622.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 2282d(f) of this title, referred to in subsec. (a)(1), was redesignated section 2282(g) of this title by
Pub. L. 115–270, title I, §1332(a)(3), Oct. 23, 2018, 132 Stat. 3834.
AMENDMENTS
2020—Subsec. (c)(1). Pub. L. 116–260, §105(a), substituted "under this section" for "under subsection (b)".
Subsec. (f). Pub. L. 116–260, §105(b), amended subsec. (f) generally. Prior to amendment, subsec. (f)
related to operation and maintenance.
2018—Subsec. (b)(1). Pub. L. 115–270, §1153(1)(A), inserted "federally authorized" before "water
resources development project" in introductory provisions.
Subsec. (b)(2)(A). Pub. L. 115–270, §1153(1)(B), inserted ", except as provided in paragraph (3)" after
"Federal or State law".
Subsec. (b)(3), (4). Pub. L. 115–270, §1153(1)(C), added pars. (3) and (4).
Subsec. (c). Pub. L. 115–270, §1153(2), amended subsec. (c) generally. Prior to amendment, text read as
follows: "When requested by an appropriate non-Federal interest, the Secretary may undertake all necessary
studies and engineering for any construction to be undertaken under subsection (b), and provide technical
assistance in obtaining all necessary permits for the construction, if the non-Federal interest contracts with the
Secretary to furnish the United States funds for the studies, engineering, or technical assistance in the period
during which the studies and engineering are being conducted."
Subsec. (d)(3)(C). Pub. L. 115–270, §1153(3)(A), added subpar. (C).
Subsec. (d)(5). Pub. L. 115–270, §1153(3)(B)(i), substituted "water resources development" for "flood
damage reduction" wherever appearing.
Subsec. (d)(5)(A). Pub. L. 115–270, §1153(3)(B)(ii), substituted "for carrying out a discrete segment of a
federally authorized" for "for a discrete segment of a" in introductory provisions.
Subsec. (d)(5)(D). Pub. L. 115–270, §1153(3)(B)(iii), inserted "to be carried out" after "project" in
introductory provisions.
2016—Subsec. (d)(5). Pub. L. 114–322 added par. (5).
2014—Pub. L. 113–121 amended section generally. Prior to amendment, section related to construction of
projects by non-Federal interests.
1990—Subsec. (c). Pub. L. 101–640, §303(a), inserted after first sentence "The Secretary is further
authorized to complete and transmit to the appropriate non-Federal interest any study for improvement to
harbors or inland harbors of the United States that is initiated pursuant to section 577 of this title or, upon
request of such non-Federal interest, to terminate such study and transmit such partially completed study to
the non-Federal interest."
Subsec. (e). Pub. L. 101–640, §303(b)(1), redesignated subsec. (e), relating to operation and maintenance,
as (f).
Subsec. (e)(1). Pub. L. 101–640, §303(b)(2), (3), in introductory provisions inserted "including any small
navigation project approved pursuant to section 577 of this title," after "or separable element thereof," and in
subpar. (A) inserted "(or, in the case of a small navigation project, after completion of a favorable project
report by the Corps of Engineers)" after "authorization of the project".
Subsec. (f). Pub. L. 101–640, §303(b)(1), redesignated subsec. (e), relating to operation and maintenance,
as (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 101–640, §303(b)(1), redesignated subsec. (f) as (g).
STATUTORY NOTES AND RELATED SUBSIDIARIES
SAVINGS PROVISION
Pub. L. 113–121, title I, §1014(d), June 10, 2014, 128 Stat. 1222, provided that: "Nothing in this section
[amending this section and section 2231 of this title, repealing sections 426i–1 and 701b–13 of this title, and
repealing provisions set out as a note under this section] may be construed to affect an agreement in effect on
the date of enactment of this Act [June 10, 2014], or an agreement that is finalized between the Corps of
Engineers and a non-Federal interest on or before December 31, 2014, under any of the following sections (as
such sections were in effect on the day before such date of enactment):
"(1) Section 204 of the Water Resources Development Act of 1986 (33 U.S.C. 2232).
"(2) Section 206 of the Water Resources Development Act of 1992 (33 U.S.C. 426i–1).
"(3) Section 211 of the Water Resources Development Act of 1996 (33 U.S.C. 701b–13)."
REPORT ON IMPROVEMENTS BY NON–FEDERAL INTEREST
Pub. L. 116–260, div. AA, title I, §105(c), Dec. 27, 2020, 134 Stat. 2623, provided that: "A non-Federal
interest may submit to the Secretary [of the Army] a report on improvements to a federally authorized harbor
or inland harbor to be carried out by the non-Federal interest, containing any information necessary for the
Secretary determine whether the improvements satisfy the requirements of section 204(f)(1) of the Water
Resources Development Act of 1986 (33 U.S.C. 2232[(f)(1)]), including—
"(1) the economic justification for the improvements;
"(2) details of the project improvement plan and design;
"(3) proposed arrangements for the work to be performed; and
"(4) documents relating to any applicable permits required for the project improvements."
PROJECT STUDIES SUBJECT TO INDEPENDENT PEER REVIEW
Pub. L. 116–260, div. AA, title I, §105(d), Dec. 27, 2020, 134 Stat. 2623, provided that: "The Secretary [of
the Army] shall not be required to subject a project study for a project with a cost of less than $200,000,000,
which the Secretary determines satisfies the requirements of section 204(f)(1) of the Water Resources
Development Act of 1986 (33 U.S.C. 2232[(f)(1)]), to independent peer review under section 2034(a)(3)(A)(i)
of the Water Resources Development Act of 2007 (33 U.S.C. 2343(a)(3)(A)(i))."
PRECONSTRUCTION ENGINEERING DESIGN DEMONSTRATION PROGRAM
Pub. L. 115–270, title I, §1176, Oct. 23, 2018, 132 Stat. 3801, provided that:
"(a) DEFINITION OF ENVIRONMENTAL IMPACT STATEMENT.—In this section, the term
'environmental impact statement' means the detailed written statement required under section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
"(b) DEMONSTRATION PROGRAM.—The Secretary [of the Army] shall establish a demonstration
program to allow a project authorized to execute pursuant to [former] section 211 of the Water Resources
Development Act of 1996 (33 U.S.C. 701b–13) (as in effect on the day before the date of enactment of the
Water Resources Reform and Development Act of 2014 (128 Stat. 1193) [June 10, 2014]) to begin
preconstruction engineering and design on a determination by the Secretary that the project is technically
feasible, economically justified, and environmentally acceptable.
"(c) REQUIREMENTS.—For each project authorized to begin preconstruction engineering and design
under subsection (b)—
"(1) the project shall conform to the feasibility study and the environmental impact statement approved
by the Secretary; and
"(2) the Secretary and the non-Federal sponsor shall jointly agree to the construction design of the
project.
"(d) SECRETARY REVIEW OF POTENTIAL ADVERSE IMPACTS.—When reviewing the feasibility
study and the environmental impact statement for a project under subsection (b), the Secretary shall follow
current USACE Policy, Regulations, and Guidance, to assess potential adverse downstream impacts to the
Pearl River Basin. Upon completion of the Secretary's determination under subsection (b), the non-Federal
sponsor shall design the project in a manner that addresses any potential adverse impacts or that provides
mitigation in accordance with section 906 of the Water Resources Development Act of 1986 (33 U.S.C.
2283).
"(e) SUNSET.—The authority to carry out the demonstration program under this section shall terminate on
the date that is 5 years after the date of enactment of this Act [Oct. 23, 2018].
"(f) SAVINGS PROVISION.—Nothing in this section supersedes, precludes, or affects any applicable
requirements for a project under subsection (b) under—
"(1) section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283); or
"(2) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.)."
NAVIGATION SAFETY
Pub. L. 114–322, title I, §1102, Dec. 16, 2016, 130 Stat. 1633, provided that: "The Secretary [of the Army]
shall use section 5 of the Act of March 4, 1915 (38 Stat. 1053, chapter 142; 33 U.S.C. 562), to carry out
navigation safety activities at those projects eligible for operation and maintenance under section 204(f) of the
Water Resources Development Act of 1986 (33 U.S.C. 2232(f))."
OPERATION AND MAINTENANCE OF CERTAIN PROJECTS
Pub. L. 113–121, title I, §1016, June 10, 2014, 128 Stat. 1223, provided that: "The Secretary [of the Army]
may assume responsibility for operation and maintenance in accordance with section 101(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 2211(b)) (as amended by section 2102(b)) for improvements
to a federally authorized harbor or inland harbor that are carried out by a non-Federal interest prior to
December 31, 2014, if the Secretary determines that the requirements under paragraphs (2) and (3) of section
204(f) of the Water Resources Development Act of 1986 (33 U.S.C. 2232(f)) are met."
DEMONSTRATION OF CONSTRUCTION OF FEDERAL PROJECT BY NON-FEDERAL
INTERESTS
Pub. L. 101–640, title IV, §404, Nov. 28, 1990, 104 Stat. 4646, which related to the demonstration of safety
benefits and economic efficiencies of non-Federal management of harbor improvement projects, was repealed
by Pub. L. 113–121, title I, §1014(c)(1), June 10, 2014, 128 Stat. 1222.
EDITORIAL NOTES
AMENDMENTS
2020—Pub. L. 116–260 substituted "Great Lakes St. Lawrence Seaway Development Corporation" for
"Saint Lawrence Seaway Development Corporation".
only vessels at least comparable in size to those used to justify these features may be charged
under this section.
(B) In developing port or harbor dues that may be charged under this section on vessels for
project features constructed under this subchapter, the non-Federal interest may consider such
criteria as: elapsed time of passage, safety of passage, vessel economy of scale, under keel
clearance, vessel draft, vessel squat, vessel speed, sinkage, and trim.
(C) Port or harbor dues authorized by this section shall not be imposed on—
(i) vessels owned and operated by the United States Government, a foreign country, a State,
or a political subdivision of a country or State, unless engaged in commercial services;
(ii) towing vessels, vessels engaged in dredging activities, or vessels engaged in intraport
movements; or
(iii) vessels with design drafts of 20 feet or less when utilizing general cargo and deep-draft
navigation projects.
(4) Formulation of port or harbor dues
Port or harbor dues may be levied only on a vessel entering or departing from a harbor and its
cargo on a fair and equitable basis. In formulating port and harbor dues, the non-Federal interest
shall consider—
(A) the direct and indirect cost of construction, operations, and maintenance, and providing
the facilities and services under paragraph (1) of this subsection;
(B) the value of those facilities and services to the vessel and cargo;
(C) the public policy or interest served; and
(D) any other pertinent factors.
(5) Notice and hearing
(A) Before the initial levy of or subsequent modification to port or harbor dues under this
section, a non-Federal interest shall transmit to the Secretary—
(i) the text of the proposed law, regulation, or ordinance that would establish the port or
harbor dues, including provisions for their administration, collection, and enforcement;
(ii) the name, address, and telephone number of an official to whom comments on and
requests for further information on the proposal are to be directed;
(iii) the date by which comments on the proposal are due and a date for a public hearing on
the proposal at which any interested party may present a statement; however, the non-Federal
interest may not set a hearing date earlier than 45 days after the date of publication of the notice
in the Federal Register required by subparagraph (B) of this paragraph or set a deadline for
receipt of comments earlier than 60 days after the date of publication; and
(iv) a written statement signed by an appropriate official that the non-Federal interest agrees
to be governed by the provisions of this section.
(B) On receiving from a non-Federal interest the information required by subparagraph (A) of
this paragraph, the Secretary shall transmit the material required by clauses (i) through (iii) of
subparagraph (A) of this paragraph to the Federal Register for publication.
(C) Port or harbor dues may be imposed by a non-Federal interest only after meeting the
conditions of this paragraph.
(6) Requirements on non-Federal interest
A non-Federal interest shall—
(A) file a schedule of any port or harbor dues levied under this subsection with the Secretary
and the Federal Maritime Commission, which the Commission shall make available for public
inspection;
(B) provide to the Comptroller General of the United States on request of the Comptroller
General any records or other evidence that the Comptroller General considers to be necessary
and appropriate to enable the Comptroller General to carry out the audit required under
subsection (b) 1 of this section;
(C) designate an officer or authorized representative, including the Secretary of the Treasury
acting on a cost-reimbursable basis, to receive tonnage certificates and cargo manifests from
vessels which may be subject to the levy of port or harbor dues, export declarations from
shippers, consignors, and terminal operators, and such other documents as the non-Federal
interest may by law, regulation, or ordinance require for the imposition, computation, and
collection of port or harbor dues; and
(D) consent expressly to the exclusive exercise of Federal jurisdiction under subsection (c) 1
of this section.
(b) Jurisdiction
(1) The district court of the United States for the district in which is located a non-Federal interest
that levies port or harbor dues under this section has original and exclusive jurisdiction over any
matter arising out of or concerning, the imposition, computation, collection, and enforcement of port
or harbor dues by a non-Federal interest under this section.
(2) Any person who suffers legal wrong or is adversely affected or aggrieved by the imposition by
a non-Federal interest of a proposed scheme or schedule of port or harbor dues under this section
may, not later than 180 days after the date of hearing under subsection (a)(5)(A)(iii) of this section,
commence an action to seek judicial review of that proposed scheme or schedule in the appropriate
district court under paragraph (1).
(3) On petition of the Attorney General or any other party, that district court may—
(A) grant appropriate injunctive relief to restrain an action by that non-Federal interest violating
the conditions of consent in subsection (a) of this section;
(B) order the refund of any port or harbor dues not lawfully collected; and
(C) grant other appropriate relief or remedy.
(c) Collection of duties
(1) 2 Delivery of certificate and manifest
(A) Upon arrival of vessel
Upon the arrival of a vessel in a harbor in which the vessel may be subject to the levy of port
or harbor dues under this section, the master of that vessel shall, within forty-eight hours after
arrival and before any cargo is unloaded from that vessel, deliver to the appropriate authorized
representative appointed under subsection (a)(6)(C) of this section a tonnage certificate for the
vessel and a manifest of the cargo aboard that vessel or, if the vessel is in ballast, a declaration
to that effect.
(B) Before departure of vessel
The shipper, consignor, or terminal operator having custody of any cargo to be loaded on
board a vessel while the vessel is in a harbor in which the vessel may be subject to the levy of
port or harbor dues under this section shall, within forty-eight hours before departure of that
vessel, deliver to the appropriate authorized representative appointed under subsection (a)(6)(C)
of this section an export declaration specifying the cargo to be loaded on board that vessel.
(d) Enforcement
At the request of an authorized representative referred to in subsection (a)(6)(C) of this section, the
Secretary of the Treasury may:
(1) withhold the clearance required by section 60105 of title 46 for a vessel if the master, owner,
or operator of a vessel subject to port or harbor dues under this section fails to comply with the
provisions of this section including any non-Federal law, regulation or ordinance issued
hereunder; and
(2) assess a penalty or initiate a forfeiture of the cargo in the same manner and under the same
procedures as are applicable for failure to pay customs duties under the Tariff Act of 1930 (19
U.S.C. 1202 et seq.) if the shipper, consignor, consignee, or terminal operator having title to or
custody of cargo subject to port or harbor dues under this section fails to comply with the
provisions of this section including any non-Federal law, regulation, or ordinance issued
hereunder.
(e) Maritime Lien
Port or harbor dues levied under this section against a vessel constitute a maritime lien against the
vessel and port or harbor dues levied against cargo constitute a lien against the cargo that may be
recovered in an action in the district court of the United States for the district in which the vessel or
cargo is found.
(Pub. L. 99–662, title II, §208, Nov. 17, 1986, 100 Stat. 4102; Pub. L. 104–66, title I, §1021(g), Dec.
21, 1995, 109 Stat. 713.)
EDITORIAL NOTES
REFERENCES IN TEXT
Subsection (b) of this section, referred to in subsec. (a)(6)(B), which related to audits, was struck out by
Pub. L. 104–66 and subsec. (c) was redesignated as subsec. (b).
Subsection (c) of this section, referred to in subsec. (a)(6)(D), which related to jurisdiction, was
redesignated as subsec. (b) by Pub. L. 104–66.
The Tariff Act of 1930, referred to in subsec. (d)(2), is act June 17, 1930, ch. 497, 46 Stat. 590, as amended,
which is classified generally to chapter 4 (§1202 et seq.) of Title 19, Customs Duties. For complete
classification of this Act to the Code, see section 1654 of Title 19 and Tables.
CODIFICATION
In subsec. (d)(1), "section 60105 of title 46" substituted for "section 4197 of the Revised Statutes of the
United States (46 U.S.C. App. 91)" on authority of Pub. L. 109–304, §18(c), Oct. 6, 2006, 120 Stat. 1709,
which Act enacted section 60105 of Title 46, Shipping.
AMENDMENTS
1995—Subsecs. (b) to (f). Pub. L. 104–66 redesignated subsecs. (c) to (f) as (b) to (e), respectively, and
struck out heading and text of former subsec. (b). Text read as follows: "The Comptroller General of the
United States shall—
"(1) carry out periodic audits of the operations of non-Federal interests that elect to levy port or harbor
dues under this section to determine if the conditions of subsection (a) of this section are being complied
with;
"(2) submit to each House of the Congress a written report containing the findings resulting from each
audit; and
"(3) make any recommendations that the Comptroller General considers appropriate regarding the
compliance of those non-Federal interests with the requirements of this section."
(D) An activity to maintain slope stability at a berth in a harbor that is accessible to a Federal
navigation project if such activity benefits commercial navigation at the harbor.
(5) Great Lakes Navigation System
The term "Great Lakes Navigation System" includes—
(A)(i) Lake Superior;
(ii) Lake Huron;
(iii) Lake Michigan;
(iv) Lake Erie; and
(v) Lake Ontario;
(B) all connecting waters between the lakes referred to in subparagraph (A) used for
commercial navigation;
(C) any navigation features in the lakes referred to in subparagraph (A) or waters described in
subparagraph (B) that are a Federal operation or maintenance responsibility; and
(D) areas of the Saint Lawrence River that are operated or maintained by the Federal
Government for commercial navigation.
(6) Harbor maintenance tax
The term "harbor maintenance tax" means the amounts collected under section 4461 of title 26.
(7) Moderate-use harbor project
The term "moderate-use harbor project" means a project that is assigned to a harbor or inland
harbor referred to in subsection (a)(2) that transits annually—
(A) more than 1,000,000 tons of cargo; but
(B) less than 10,000,000 tons of cargo.
(8) Priority funds
The term "priority funds" means the difference between—
(A) the total funds that are made available under this section to pay the costs described in
subsection (a)(2) for a fiscal year; and
(B) the total funds made available under this section to pay the costs described in subsection
(a)(2) in fiscal year 2012.
(9) Underserved harbor project
(A) In general
The term "underserved harbor project" means a project that is assigned to a harbor or inland
harbor referred to in subsection (a)(2)—
(i) that is a moderate-use harbor project or an emerging harbor project;
(ii) that has been maintained at less than the constructed width and depth of the project
during each of the preceding 6 fiscal years; and
(iii) for which State and local investments in infrastructure have been made at those
projects during the preceding 6 fiscal years.
(B) Administration
For purposes of this paragraph, State and local investments in infrastructure shall include
infrastructure investments made using amounts made available for activities under section
5305(a)(9) of title 42.
(Pub. L. 99–662, title II, §210, Nov. 17, 1986, 100 Stat. 4106; Pub. L. 101–640, title III, §316, Nov.
28, 1990, 104 Stat. 4641; Pub. L. 113–121, title II, §2102(a), June 10, 2014, 128 Stat. 1273; Pub. L.
114–322, title I, §§1103, 1107, 1114, Dec. 16, 2016, 130 Stat. 1633, 1634, 1638; Pub. L. 115–270,
title I, §1216, Oct. 23, 2018, 132 Stat. 3810; Pub. L. 116–260, div. AA, title I, §102(b), title V,
§512(c)(5)(B), Dec. 27, 2020, 134 Stat. 2619, 2756.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 1122 of the Water Resources Development Act of 2016, referred to in subsec. (e)(2)(C), is section
1122 of Pub. L. 114–322, title I, §1122, Dec. 16, 2016, 130 Stat. 1645. Subsecs. (a) to (h) of section 1122 are
set out as a note under section 2326 of this title. Subsec. (i) of section 1122 amended section 2326 of this title.
Subsec. (j) of section 1122 amended section 1962d–5f of Title 42, The Public Health and Welfare. For
complete classification of this section to the Code, see Tables.
AMENDMENTS
2020—Subsec. (a)(1). Pub. L. 116–260, §512(c)(5)(B), substituted "Great Lakes St. Lawrence Seaway
Development Corporation" for "Saint Lawrence Seaway Development Corporation".
Subsec. (c)(3). Pub. L. 116–260, §102(b)(1), designated existing provisions as subpar. (A), inserted
heading, and added subpar. (B).
Subsec. (e)(2)(A)(ii). Pub. L. 116–260, §102(b)(2), inserted "uses described in subsection (c)(3)(B) and"
after "costs for".
Subsec. (f)(2), (3). Pub. L. 116–260, §102(b)(3)(C), added pars. (2) and (3) and struck out former par. (2)
which defined "emerging harbor project".
Subsec. (f)(4). Pub. L. 116–260, §102(b)(3)(B), redesignated par. (3) as (4) and added subpars. (C) and (D).
Former par. (4) redesignated (5).
Subsec. (f)(4)(C), (D). Pub. L. 116–260, §102(b)(3)(D), added subpars. (C) and (D).
Subsec. (f)(5). Pub. L. 116–260, §102(b)(3)(B), redesignated par. (4) as (5). Former par. (5) redesignated
(6).
Subsec. (f)(6). Pub. L. 116–260, §102(b)(3)(A), (B), redesignated par. (5) as (6) and struck out former par.
(6) which defined "high-use harbor project".
2018—Subsec. (e)(1). Pub. L. 115–270, §1216(1), substituted "shall assess, and issue a report to Congress
on, the" for "shall assess the".
Subsec. (e)(2)(C). Pub. L. 115–270, §1216(2), added subpar. (C).
2016—Subsec. (c)(3). Pub. L. 114–322, §1103(1), substituted "for each fiscal year" for "for each of fiscal
years 2015 through 2022".
Subsec. (d)(1)(A). Pub. L. 114–322, §1103(2), added subpar. (A) and struck out former subpar. (A). Prior to
amendment, text read as follows: "For each of fiscal years 2015 through 2024, if priority funds are available,
the Secretary shall use the priority funds as follows:
"(i) 90 percent of the priority funds shall be used for high- and moderate-use harbor projects.
"(ii) 10 percent of the priority funds shall be used for emerging harbor projects."
Subsec. (d)(1)(B). Pub. L. 114–322, §1107, substituted "For each fiscal year" for "For each of fiscal years
2015 through 2024" in introductory provisions.
Subsec. (e)(3)(B), (C). Pub. L. 114–322, §1114, added subpar. (B) and redesignated former subpar. (B) as
(C).
2014—Subsecs. (c) to (f). Pub. L. 113–121 added subsecs. (c) to (f).
1990—Subsec. (a)(2). Pub. L. 101–640 substituted "up to 100 percent" for "not more than 40 percent".
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Moving Ahead for Progress in the 21st Century Act, also known as the
MAP–21, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
Subsec. (b)(1). Pub. L. 114–322, §1108(1), substituted "Except as provided in subsection (c), the target
total" for "The target total" in introductory provisions.
Subsecs. (c), (d). Pub. L. 114–322, §1108(2), (3), added subsec. (c) and redesignated former subsec. (c) as
(d).
(2) for the Operation and Maintenance account of the Corps of Engineers which is designated in
statute as being to carry out subsection (c) of section 2238c of this title, not to exceed—
(A) $50,000,000 for fiscal year 2021;
(B) $50,000,000 for fiscal year 2022;
(C) $56,000,000 for fiscal year 2023;
(D) $58,000,000 for fiscal year 2024;
(E) $60,000,000 for fiscal year 2025;
(F) $62,000,000 for fiscal year 2026;
(G) $64,000,000 for fiscal year 2027;
(H) $66,000,000 for fiscal year 2028;
(I) $68,000,000 for fiscal year 2029; and
(J) $70,000,000 for fiscal year 2030;
shall be subtracted from the estimate of discretionary budget authority and outlays for any
estimate of an appropriations Act under the Congressional Budget and Impoundment Control Act
of 1974 or the Balanced Budget and Emergency Deficit Control Act of 1985.
(Pub. L. 116–136, div. B, title IV, §14003, Mar. 27, 2020, 134 Stat. 526; Pub. L. 116–260, div. AA,
title I, §101, Dec. 27, 2020, 134 Stat. 2618.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Congressional Budget and Impoundment Control Act of 1974, referred to in concluding provisions, is
Pub. L. 93–344, July 12, 1974, 88 Stat. 297. For complete classification of this Act to the Code, see Short
Title note set out under section 621 of Title 2, The Congress, and Tables.
The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in concluding provisions, is
title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§900 et seq.) and sections
654 to 656 of Title 2, The Congress, amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2,
sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public
Health and Welfare, repealed section 661 of Title 2, enacted provisions set out as notes under section 900 of
Title 2 and section 911 of Title 42, and amended provisions set out as a note under section 621 of Title 2. For
complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and
Tables.
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2020—Pub. L. 116–260 amended section generally. Prior to amendment, text read as follows: "Any
discretionary appropriation for the Corps of Engineers derived from the Harbor Maintenance Trust Fund (not
to exceed the total amount deposited in the Harbor Maintenance Trust Fund in the prior fiscal year) shall be
subtracted from the estimate of discretionary budget authority and outlays for any estimate of an
appropriations Act under the Congressional Budget and Impoundment Control Act of 1974 or the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided, That the modifications described in this
section shall not take effect until the earlier of January 1, 2021 or the date of enactment of legislation
authorizing the development of water resources and shall remain in effect thereafter."
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2020—Subsec. (a)(3)(A)(ii). Pub. L. 116–260, §104(b)(1)(A)(i), amended cl. (ii) generally. Prior to
amendment, text read as follows: "at which the total amount of harbor maintenance taxes collected comprise
not less than $15,000,000 annually of the total funding of the Harbor Maintenance Trust Fund established
under section 9505 of title 26;".
Subsec. (a)(3)(A)(iii). Pub. L. 116–260, §104(b)(1)(A)(ii), inserted "(including the estimated taxes related
to domestic cargo and cruise passengers)" after "taxes collected" and substituted "3 fiscal years" for "5 fiscal
years".
Subsec. (a)(3)(A)(iv). Pub. L. 116–260, §104(b)(1)(A)(iii), substituted "on an average annual basis for the
previous 3 fiscal years" for "in fiscal year 2012".
Subsec. (a)(5)(B). Pub. L. 116–260, §104(b)(1)(B), substituted "on an average annual basis for the previous
3 fiscal years" for "in fiscal year 2012" in two places.
Subsec. (a)(8), (9). Pub. L. 116–260, §104(b)(1)(C), added par. (8) and redesignated former par. (8) as (9).
Subsec. (a)(9)(B). Pub. L. 116–260, §104(b)(1)(D)(i), amended subpar. (B) generally. Prior to amendment,
text read as follows: "at which the total amount of harbor maintenance taxes collected comprise annually more
than $5,000,000 but less than $15,000,000 of the total funding of the Harbor Maintenance Trust Fund
established under section 9505 of title 26;".
Subsec. (a)(9)(C). Pub. L. 116–260, §104(b)(1)(D)(ii), inserted "(including the estimated taxes related to
domestic cargo and cruise passengers)" after "taxes collected" and substituted "3 fiscal years" for "5 fiscal
years".
Subsec. (a)(9)(D). Pub. L. 116–260, §104(b)(1)(D)(iii), substituted "on an average annual basis for the
previous 3 fiscal years" for "in fiscal year 2012".
Subsec. (e). Pub. L. 116–260, §104(b)(2)(A), redesignated subsec. (f) as (e) and struck out former subsec.
(e) which related to report to Congress.
Subsec. (e)(1). Pub. L. 116–260, §104(b)(2)(B), amended par. (1) generally. Prior to amendment, text read
as follows: "There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal
years 2015 through 2020."
Subsec. (f). Pub. L. 116–260, §104(b)(2)(A), redesignated subsec. (g) as (f). Former subsec. (f)
redesignated (e).
Subsec. (f)(1). Pub. L. 116–260, §104(a)(1), substituted "2022" for "2020".
Subsec. (f)(3). Pub. L. 116–260, §104(a)(2), struck out par. (3). Prior to amendment, text read as follows:
"If the target total budget resources under subparagraphs (A) through (D) of section 2238b(b)(1) of this title
are met for each of fiscal years 2016 through 2020, there is authorized to be appropriated to carry out this
section $50,000,000 for each of fiscal years 2021 through 2025."
Subsec. (g). Pub. L. 116–260, §104(b)(2)(A), redesignated subsec. (g) as (f).
2016—Subsec. (a)(2). Pub. L. 114–322, §1110(1)(B), added par. (2). Former par. (2) redesignated (3).
Subsec. (a)(3). Pub. L. 114–322, §1110(1)(C), designated existing provisions as subpar. (A) and inserted
heading, redesignated former subpars. (A) to (D) as cls. (i) to (iv), respectively, of subpar. (A), and added
subpar. (B).
Pub. L. 114–322, §1110(1)(A), redesignated par. (2) as (3). Former par. (3) redesignated (4).
Subsec. (a)(4). Pub. L. 114–322, §1110(1)(A), redesignated par. (3) as (4). Former par. (4) redesignated (5).
Subsec. (a)(5). Pub. L. 114–322, §1110(1)(A), redesignated par. (4) as (5). Former par. (5) redesignated (6).
Subsec. (a)(5)(A). Pub. L. 114–322, §1110(1)(D), substituted "Code of Federal Regulations" for "Code of
Federal Regulation".
Subsec. (a)(6), (7). Pub. L. 114–322, §1110(1)(A), redesignated pars. (5) and (6) as (6) and (7),
respectively.
Subsec. (a)(8). Pub. L. 114–322, §1110(1)(E), added par. (8).
Subsec. (b)(1). Pub. L. 114–322, §1110(2)(A), substituted "donor ports, medium-sized donor ports," for
"donor ports".
Subsec. (b)(2)(B), (C). Pub. L. 114–322, §1110(2)(B), added subpars. (B) and (C) and struck out former
subpar. (B) which read as follows: "shall be made available to a port as either a donor port or an energy
transfer port and no port may receive amounts as both a donor port and an energy transfer port."
Subsec. (c). Pub. L. 114–322, §1110(3)(A), substituted "donor port, a medium-sized donor port," for "donor
port" in introductory provisions.
Subsec. (c)(1). Pub. L. 114–322, §1110(3)(B), struck out "or shippers transporting cargo" after "entering
cargo" and substituted "the Secretary" for "U.S. Customs and Border Protection" and "value of discretionary
cargo" for "amount of harbor maintenance taxes collected".
Subsec. (d). Pub. L. 114–322, §1110(4), added subsec. (d) and struck out former subsec. (d). Prior to
amendment, text read as follows: "If a donor port or an energy transfer port elects to provide payments to
importers or shippers under subsection (c), the Secretary shall transfer the amount that would otherwise be
provided to the port under this section that is equal to those payments to the Commissioner of U.S. Customs
and Border Protection to provide the payments to the importers or shippers."
Subsec. (f)(1). Pub. L. 114–322, §1110(5)(A), substituted "2020" for "2018".
Subsec. (f)(2). Pub. L. 114–322, §1110(5)(B), added par. (2) and struck out former par. (2). Prior to
amendment, text read as follows: "For each fiscal year, amounts made available to carry out this section shall
be provided in equal amounts to donor ports and energy transfer ports."
Subsec. (f)(3). Pub. L. 114–322, §1110(5)(C), substituted "2016 through 2020" for "2015 through 2018"
and "2021 through 2025" for "2019 through 2022".
Subsec. (g). Pub. L. 114–322, §1110(6), added subsec. (g).
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water
Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
§2239. Repealed. Pub. L. 101–640, title IV, §412(f), Nov. 28, 1990, 104 Stat. 4650
Section, Pub. L. 99–662, title II, §211, Nov. 17, 1986, 100 Stat. 4106; Pub. L. 100–676, §32, Nov. 17, 1988,
102 Stat. 4030, directed Administrator of Environmental Protection Agency to designate one or more sites for
disposal of dredged material as an alternative to disposal at the Mud Dump in New Jersey.
§2241. Definitions
For purposes of this subchapter—
(1) Deep-draft harbor
The term "deep-draft harbor" means a harbor which is authorized to be constructed to a depth of
more than 45 feet (other than a project which is authorized by section 202 of this title).
(2) Eligible operations and maintenance
(A) Except as provided in subparagraph (B), the term "eligible operations and maintenance"
means all Federal operations, maintenance, repair, and rehabilitation, including (i) maintenance
dredging reasonably necessary to maintain the width and nominal depth of any harbor or inland
harbor; (ii) the construction of dredged material disposal facilities that are necessary for the
operation and maintenance of any harbor or inland harbor; (iii) dredging and disposing of
contaminated sediments that are in or that affect the maintenance of Federal navigation channels;
(iv) mitigating for impacts resulting from Federal navigation operation and maintenance activities;
and (v) operating and maintaining dredged material disposal facilities.
(B) As applied to the Saint Lawrence Seaway, the term "eligible operations and maintenance"
means all operations, maintenance, repair, and rehabilitation, including maintenance dredging
reasonably necessary to keep such Seaway or navigation improvements operated or maintained by
the Great Lakes St. Lawrence Seaway Development Corporation in operation and reasonable state
of repair.
(C) The term "eligible operations and maintenance" does not include providing any lands,
easements, or rights-of-way, or performing relocations required for project operations and
maintenance.
(3) General cargo harbor
The term "general cargo harbor" means a harbor for which a project is authorized by section
202 of this title and any other harbor which is authorized to be constructed to a depth of more than
20 feet but not more than 45 feet;
(4) Harbor
The term "harbor" means any channel or harbor, or element thereof, in the United States,
capable of being utilized in the transportation of commercial cargo in domestic or foreign
waterborne commerce by commercial vessels. The term does not include—
(A) an inland harbor;
(B) the Saint Lawrence Seaway;
(C) local access or berthing channels;
(D) channels or harbors constructed or maintained by nonpublic interests; and
(E) any portion of the Columbia River other than the channels on the downstream side of
Bonneville lock and dam.
(5) Inland harbor
The term "inland harbor" means a navigation project which is used principally for the
accommodation of commercial vessels and the receipt and shipment of waterborne cargoes on
inland waters. The term does not include—
(A) projects on the Great Lakes;
(B) projects that are subject to tidal influence;
(C) projects with authorized depths of greater than 20 feet;
(D) local access or berthing channels; and
(E) projects constructed or maintained by nonpublic interests.
(6) Nominal depth
The term "nominal depth" means, in relation to the stated depth for any navigation improvement
project, such depth, including any greater depths which must be maintained for any harbor or
inland harbor or element thereof included within such project in order to ensure the safe passage at
mean low tide of any vessel requiring the stated depth.
(7) Non-Federal interest
The term "non-Federal interest" has the meaning such term has under section 1962d–5b of title
42 and includes any interstate agency and port authority established under a compact entered into
between two or more States with the consent of Congress under section 10 of Article I of the
Constitution.
(8) United States
The term "United States" means all areas included within the territorial boundaries of the United
States, including the several States, the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, the
Northern Mariana Islands, and any other territory or possession over which the United States
exercises jurisdiction.
(Pub. L. 99–662, title II, §214, Nov. 17, 1986, 100 Stat. 4108; Pub. L. 104–303, title II, §201(e), Oct.
12, 1996, 110 Stat. 3672; Pub. L. 116–260, div. AA, title V, §512(c)(5)(C), Dec. 27, 2020, 134 Stat.
2756.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 202 of this title, referred to in pars. (1) and (3), is section 202 of title II of Pub. L. 99–662, Nov. 17,
1986, 100 Stat. 4091, which is not classified to the Code.
AMENDMENTS
2020—Par. (2)(B). Pub. L. 116–260 substituted "Great Lakes St. Lawrence Seaway Development
Corporation" for "Saint Lawrence Seaway Development Corporation".
1996—Par. (2)(A). Pub. L. 104–303, §201(e)(1), inserted "Federal" after "means all" and "(i)" after
"including", and inserted before period at end a semicolon and cls. (ii) to (v).
Par. (2)(C). Pub. L. 104–303, §201(e)(2), substituted "or rights-of-way," for "rights-of-way, or dredged
material disposal areas,".
STATUTORY NOTES AND RELATED SUBSIDIARIES
INCREASES IN NON-FEDERAL SHARE OF COSTS
Amendment by Pub. L. 104–303 not to increase, or result in increase of, non-Federal share of costs of
expanding any confined dredged material disposal facility that is operated by Secretary and authorized for cost
recovery through collection of tolls, any confined dredged material disposal facility for which invitation for
bids for construction was issued before Oct. 12, 1996, and expanding any confined dredged material disposal
facility constructed under section 1293a of this title if capacity of confined dredged material disposal facility
was exceeded in less than 6 years, see section 201(g) of Pub. L. 104–303, set out as a note under section 2211
of this title.
EXECUTIVE DOCUMENTS
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48,
Territories and Insular Possessions.
EDITORIAL NOTES
REFERENCES IN TEXT
Section 903(c) of the Water Resources Development Act of 1986 (Public Law 99–662; 100 Stat. 4184),
referred to in subsec. (d)(2), is not classified to the Code.
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2016—Subsec. (a)(3). Pub. L. 114–322, §1105(1), inserted "in which the project is located, or the long-term
viability of a community that is located in the region that is served by the project and that will rely on the
project," after "the community".
Subsec. (b)(1). Pub. L. 114–322, §1105(2)(A), inserted "and communities that are located in the region to
be served by the project and that will rely on the project" after "local community".
Subsec. (b)(4). Pub. L. 114–322, §1105(2)(B), substituted "regional population to be served by the project"
for "local population".
Subsec. (b)(5). Pub. L. 114–322, §1105(2)(C), substituted "local community and communities that are
located in the region to be served by the project and that will rely on the project" for "community".
2014—Subsec. (a)(1)(B). Pub. L. 113–121, §2104(1)(A), inserted "or Alaska" after "Hawaii".
Subsec. (a)(2). Pub. L. 113–121, §2104(1)(B), substituted "region" for "community" and inserted ", as
determined by the Secretary, including consideration of information provided by the non-Federal interest"
after "improvement".
Subsecs. (c) to (e). Pub. L. 113–121, §2104(2), added subsecs. (c) to (e).
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2016—Subsecs. (a), (b). Pub. L. 114–322, §1202(c)(1), inserted "and a Native village, Regional
Corporation, or Village Corporation (as those terms are defined in section 1602 of title 43" after "title 25)" and
made technical amendment to reference in original act which appears in text as reference to section 5304 of
title 25.
Subsec. (d). Pub. L. 114–322, §1202(c)(2), substituted "the Secretary of the department in which the Coast
Guard is operating" for "the Secretary of Homeland Security".
Subsec. (e). Pub. L. 114–322, §1202(c)(3), added subsec. (e).
EDITORIAL NOTES
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in subsec. (f)(1) and (2), is Pub. L. 92–463, Oct. 6, 1972,
86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.
AMENDMENTS
2014—Subsec. (b). Pub. L. 113–121, §2002(d)(1), added subsec. (b) and struck out former subsec. (b).
Prior to amendment, text read as follows: "The Users Board shall meet at least semi-annually to develop and
make recommendations to the Secretary regarding construction and rehabilitation priorities and spending
levels on the commercial navigational features and components of the inland waterways and inland harbors of
the United States for the following fiscal years. Any advice or recommendation made by the Users Board to
the Secretary shall reflect the independent judgment of the Users Board. Notwithstanding section 3003 of
Public Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), the Users Board shall, by December 31, 1987, and
annually thereafter file such recommendations with the Secretary and with the Congress."
Subsecs. (c) to (f). Pub. L. 113–121, §2002(d)(2), added subsecs. (c) to (f) and struck out former subsec.
(c). Prior to amendment, text read as follows: "The Users Board shall be subject to the Federal Advisory
Committee Act, other than section 14, and, with the consent of the appropriate agency head, the Users Board
may use the facilities and services of any Federal agency. Non-Federal members of the Users Board while
engaged in the performance of their duties away from their homes or regular places of business, may be
allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5."
1999—Subsec. (b). Pub. L. 106–109, in last sentence, substituted "Notwithstanding section 3003 of Public
Law 104–66 (31 U.S.C. 1113 note; 109 Stat. 734), the" for "The".
EDITORIAL NOTES
REFERENCES IN TEXT
This subtitle, referred to in subsec. (b)(3), is subtitle A (§§2001–2013) of title II of Pub. L. 113–121, which
enacted this section and sections 2253, 2254, and 2255 of this title, amended sections 2212, 2251, and 2327 of
this title, and enacted provisions set out as a note under this section. For complete classification of subtitle A
to the Code, see Tables.
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
Section is comprised of section 2002 of Pub. L. 113–121. Subsec. (d) of section 2002 of Pub. L. 113–121
amended section 2251 of this title.
EDITORIAL NOTES
REFERENCES IN TEXT
The congressional committees referred to in subsection (a), referred to in text, mean the congressional
committees referred to in subsec. (a) of section 2007 of Pub. L. 113–121, which are the Committee on
Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the
House of Representatives.
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
(2) modifying projects for the inland and intracoastal waterways for the purpose of improving
the quality of the environment.
(b) Recommendations
In conducting the study, the Secretary shall develop specific project recommendations and
prioritize those recommendations based on—
(1) the extent of damage and land loss resulting from riverbank erosion;
(2) the rate of erosion;
(3) the significant threat of future flood risk to public property, public infrastructure, or public
safety;
(4) the destruction of natural resources or habitats; and
(5) the potential cost savings for maintenance of the channel.
(c) Disposition
The Secretary may carry out any project identified in the study conducted pursuant to subsection
(a) in accordance with the criteria for projects carried out under one of the following authorities:
(1) Section 701r of this title.
(2) Section 701s of this title.
(3) Section 426i of this title.
(4) Section 2309a of this title.
(d) Annual report
For a project recommended pursuant to the study that cannot be carried out under any of the
authorities specified in subsection (c), upon a determination by the Secretary of the feasibility of the
project, the Secretary may include a recommendation concerning the project in the annual report
submitted to Congress under section 2282d of this title.
(Pub. L. 113–121, title II, §2009, June 10, 2014, 128 Stat. 1269.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
STATUTORY NOTES AND RELATED SUBSIDIARIES
"SECRETARY" DEFINED
Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section
2201 of this title.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the
Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short
Title note set out under section 2201 of this title and Tables.
EXECUTIVE DOCUMENTS
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48,
Territories and Insular Possessions.
In carrying out paragraph (4),1 the Chief of Engineers may solicit participation by and the services
of commercial watermen in the construction of the reefs.
(Pub. L. 99–662, title VII, §704, Nov. 17, 1986, 100 Stat. 4157; Pub. L. 104–303, title V, §505, Oct.
12, 1996, 110 Stat. 3757; Pub. L. 106–541, title III, §342, Dec. 11, 2000, 114 Stat. 2612; Pub. L.
107–66, title I, §113, Nov. 12, 2001, 115 Stat. 496; Pub. L. 109–103, title I, §126, Nov. 19, 2005,
119 Stat. 2259; Pub. L. 110–114, title V, §5021, Nov. 8, 2007, 121 Stat. 1202; Pub. L. 113–121, title
IV, §4010(b), June 10, 2014, 128 Stat. 1318; Pub. L. 114–322, title I, §1180, Dec. 16, 2016, 130 Stat.
1677.)
EDITORIAL NOTES
REFERENCES IN TEXT
Paragraph (4), referred to in concluding provisions of subsec. (b), meaning subsec. (b)(4) of this section,
was redesignated subsec. (b)(1)(D) by Pub. L. 107–66, title I, §113(1), (2), Nov. 12, 2001, 115 Stat. 496.
Subsequently, Pub. L. 110–114, title V, §5021(1), (2)(B), (3), Nov. 8, 2007, 121 Stat. 1202, redesignated
subsec. (b)(1)(D) as (b)(2)(D), struck it out, added a new subsec. (b)(2)(D), and redesignated former subsec.
(b)(2) as (b)(4).
AMENDMENTS
2016—Subsec. (b)(1). Pub. L. 114–322 substituted "$100,000,000" for "$60,000,000".
2014—Subsec. (b)(1). Pub. L. 113–121, §4010(b)(1), substituted "$60,000,000" for "$50,000,000".
Subsec. (b)(4)(B). Pub. L. 113–121, §4010(b)(2), added subpar. (B) and struck out former subpar. (B). Prior
to amendment, text read as follows: "The non-Federal share may be provided through in-kind services,
including the provision by the non-Federal interest of shell stock material that is determined by the Chief of
Engineers to be suitable for use in carrying out the project."
2007—Subsec. (b)(1). Pub. L. 110–114, §5021(2), substituted "$50,000,000" for "$30,000,000" in second
sentence and designated last sentence as par. (2).
Subsec. (b)(2). Pub. L. 110–114, §5021(2)(B), designated last sentence of par. (1) as (2) and inserted
heading. Former par. (2) redesignated (4).
Subsec. (b)(2)(D). Pub. L. 110–114, §5021(3), added subpar. (D) and struck out former subpar. (D) which
read as follows: "the construction of reefs and related clean shell substrate for fish habitat, including manmade
3-dimensional oyster reefs, in the Chesapeake Bay and its tributaries in Maryland and Virginia if the reefs are
preserved as permanent sanctuaries by the non-Federal interests, consistent with the recommendations of the
scientific consensus document on Chesapeake Bay oyster restoration dated June 1999."
Subsec. (b)(3), (4). Pub. L. 110–114, §5021(1), (3), added par. (3) and redesignated par. (2) as (4).
Subsec. (b)(5). Pub. L. 110–114, §5021(4), which directed addition of par. (5) at end of subsec. (b), was
executed by adding par. (5) after par. (4) to reflect the probable intent of Congress.
2005—Subsec. (b)(1). Pub. L. 109–103 substituted "$30,000,000" for "$20,000,000" in introductory
provisions.
2001—Subsec. (b). Pub. L. 107–66 inserted subsec. heading, designated introductory provisions as par. (1),
inserted par. (1) heading, redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1),
and substituted par. (2) for first sentence of concluding provisions which read "The non-Federal share of the
cost of any project under this section shall be 25 percent."
2000—Subsec. (b). Pub. L. 106–541, §342(1), (3), substituted "$20,000,000" for "$7,000,000" in second
sentence of introductory provisions and inserted at end of concluding provisions "In carrying out paragraph
(4), the Chief of Engineers may solicit participation by and the services of commercial watermen in the
construction of the reefs."
Subsec. (b)(4). Pub. L. 106–541, §342(2), added par. (4) and struck out former par. (4) which read as
follows: "the construction of a reef for fish habitat in the Chesapeake Bay in Maryland and Virginia."
1996—Subsec. (b). Pub. L. 104–303 substituted "$7,000,000" for "$5,000,000" in introductory provisions
and inserted "and Virginia" after "Maryland" in par. (4).
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the
America's Water Infrastructure Act of 2018, and not as part of the Water Resources Development Act of 1986
which comprises this chapter.
AMENDMENTS
2020—Subsec. (a). Pub. L. 116–260, §502(1), substituted "prevention, management," for "management"
and inserted ", elodea, quagga mussels," after "Asian carp".
Subsec. (b). Pub. L. 116–260, §502(2), inserted "or could be impacted in the future" after "that are
impacted" and substituted "Pacific, Arctic, and Gulf Coasts, the Great Lakes, and reservoirs operated and
maintained by the Secretary." for "Pacific, and Gulf coasts and the Great Lakes."
§2264. Repealed. Pub. L. 116–260, div. AA, title III, §360(a), Dec. 27, 2020, 134
Stat. 2732
Section, Pub. L. 99–662, title VII, §710, Nov. 17, 1986, 100 Stat. 4160; Pub. L. 106–109, §8(b), Nov. 24,
1999, 113 Stat. 1495, related to deauthorization of studies.
EDITORIAL NOTES
AMENDMENTS
2007—Subsec. (d)(6) to (10). Pub. L. 110–114, §2010(1), added pars. (6) to (10).
Subsec. (f)(1). Pub. L. 110–114, §2010(2), added par. (1) and struck out heading and text of former par. (1).
Text read as follows: "The non-Federal share of the costs of an assessment carried out under this section shall
be 50 percent."
Subsec. (g). Pub. L. 110–114, §2010(3), struck out heading and text of subsec. (g). Text read as follows:
"There is authorized to be appropriated to carry out this section $15,000,000."
2000—Pub. L. 106–541 amended section catchline and text generally. Prior to amendment, section read as
follows:
"(a) The Secretary, in coordination with the Secretary of the Interior and in consultation with appropriate
Federal, State, and local agencies, is authorized to study the water resources needs of river basins and regions
of the United States. The Secretaries shall report the results of such study to Congress not later than October 1,
1988.
"(b) In carrying out the studies authorized under subsection (a) of this section, the Secretaries shall consult
with State, interstate, and local governmental entities.
"(c) There is authorized to be appropriated $5,000,000 for fiscal years beginning after September 30, 1986,
to carry out this section."
EDITORIAL NOTES
REFERENCES IN TEXT
The Flood Control Act of 1948, referred to in subsecs. (b)(1)(A) and (c), is act June 30, 1948, ch. 771, title
II, 62 Stat. 1175. For complete classification of this Act to the Code, see Tables.
The River and Harbor Act of 1968, referred to in subsecs. (b)(1)(B) and (c), is Pub. L. 90–483, title I, Aug.
13, 1968, 82 Stat. 731. For complete classification of this Act to the Code, see Tables.
The Water Resources Development Act of 1996, referred to in subsecs. (b)(1)(C) and (c), is Pub. L.
104–303, Oct. 12, 1996, 110 Stat. 3658. For complete classification of this Act to the Code, see Short Title of
1996 Amendment note set out under section 2201 of this title and Tables.
The Water Resources Development Act of 1986, referred to in subsecs. (b)(1)(D) and (c), is Pub. L.
99–662, Nov. 17, 1986, 100 Stat. 4082. For complete classification of this Act to the Code, see Short Title
note set out under section 2201 of this title and Tables.
The River and Harbor Act of 1960, referred to in subsecs. (b)(1)(E) and (c), is Pub. L. 86–645, title I, July
14, 1960, 74 Stat. 480. For complete classification of this Act to the Code, see Tables.
The Act of August 13, 1946, referred to in subsecs. (b)(1)(F) and (c), is act Aug. 13, 1946, ch. 960, 60 Stat.
1056. For complete classification of this Act to the Code, see Tables.
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2018—Subsec. (e). Pub. L. 115–270 added subsec. (e).
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2000, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2020—Subsec. (b)(4). Pub. L. 116–260 substituted "$18,500,000" for "$12,500,000" in subpars. (A) and
(B).
2018—Subsec. (b)(4). Pub. L. 115–270 amended par. (4) generally. Prior to amendment, text read as
follows:
"(A) IN GENERAL.—The Secretary may carry out the design and construction of a water resources
development project described in paragraph (1) that the Secretary determines is feasible if the Federal share of
the cost of the project is not more than $10,000,000.
"(B) SPECIFIC AUTHORIZATION.—If the Federal share of the cost of a project described in
subparagraph (A) is more than $10,000,000, the Secretary may only carry out the project if Congress enacts a
law authorizing the Secretary to carry out the project."
2016—Subsec. (b)(1). Pub. L. 114–322, §1121(1)(A), substituted "the Secretary may carry out
water-related planning activities, or activities relating to the study, design, and construction of water resources
development projects," for "the Secretary may carry out water-related planning activities and study and
determine the feasibility of carrying out water resources development projects" in introductory provisions.
Subsec. (b)(2). Pub. L. 114–322, §1121(1)(B), substituted "Authorized activities" for "Matters to be
studied" in heading and "An activity" for "A study" in introductory provisions.
Subsec. (b)(3), (4). Pub. L. 114–322, §1121(1)(C), added pars. (3) and (4).
Subsec. (c)(1). Pub. L. 114–322, §1121(2)(A), substituted "an activity" for "studies".
Subsec. (c)(2)(B). Pub. L. 114–322, §1121(2)(B), substituted "an activity conducted" for "carrying out
projects studied".
Subsec. (d)(1)(A). Pub. L. 114–322, §1121(3)(A), substituted "an activity conducted" for "a study".
Subsec. (d)(2) to (5). Pub. L. 114–322, §1121(3)(B), added pars. (2) to (5) and struck out former par. (2).
Prior to amendment, text of par. (2) read as follows: "The Secretary may credit toward the non-Federal share
of the costs of a study under subsection (b) the cost of services, studies, supplies, or other in-kind
contributions provided by the non-Federal interest if the Secretary determines that the services, studies,
supplies, and other in-kind contributions will facilitate completion of the study."
2014—Subsec. (d)(1)(B). Pub. L. 113–121, §1031(a)(1), designated existing provisions as cl. (i), inserted
heading, and added cl. (ii).
Subsec. (e). Pub. L. 113–121, §1031(a)(2), added subsec. (e) and struck out former subsec. (e) which
authorized appropriations for fiscal years 2002 to 2012.
2007—Subsec. (b)(1). Pub. L. 110–114, §2011(a)(1), inserted "carry out water-related planning activities
and" after "the Secretary may" in introductory provisions.
Subsec. (b)(1)(B). Pub. L. 110–114, §2011(a)(2), inserted ", and including lands that are within the
jurisdictional area of an Oklahoma Indian tribe, as determined by the Secretary of the Interior, and are
recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of
Federal Regulations" after "section 1151 of title 18".
Subsec. (b)(2). Pub. L. 110–114, §2011(a)(3), added subpar. (B) and redesignated former subpar. (B) as
(C).
Subsec. (e). Pub. L. 110–114, §2011(b), substituted "2012" for "2006".
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, known as the Water
Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note
set out under section 2201 of this title and Tables.
The date of enactment of this Act, referred to in subsec. (a), is the date of enactment of Pub. L. 99–662,
which was approved Nov. 17, 1986.
The Water Resources Development Act of 1988, referred to in subsec. (a), is Pub. L. 100–676, Nov. 17,
1988, 102 Stat. 4012. For complete classification of this Act to the Code, see Short Title of 1988 Amendment
note set out under section 2201 of this title and Tables.
AMENDMENTS
2014—Pub. L. 113–121 designated existing provisions as subsec. (a), inserted heading, and added subsec.
(b).
1988—Pub. L. 100–676, §3(b)(1), substituted "with respect to a project for water resources development
and conservation and related purposes authorized to be carried out by the Secretary in this Act or in a law
enacted after the date of the enactment of this Act, including the Water Resources Development Act of 1988,
or in an amendment made by this Act or any later law with respect to such a project" for "in this Act, or an
amendment made by this Act, for a project".
Par. (1). Pub. L. 100–676, §3(b)(2), inserted ", in any later law," after "in this Act", and "or any later law"
after "by this Act".
Par. (2). Pub. L. 100–676, §3(b)(3), (4), inserted "or any later law" after "of this Act" in subpars. (A) and
(B).
§2281. Matters to be addressed in planning
(a) In general
Enhancing national economic development (including benefits to particular regions of the Nation
not involving the transfer of economic activity to such regions from other regions), the quality of the
total environment (including preservation and enhancement of the environment), the well-being of
the people of the United States, the prevention of loss of life, and the preservation of cultural and
historical values shall be addressed in the formulation and evaluation of water resources projects to
be carried out by the Secretary, and the associated benefits and costs, both quantifiable and
unquantifiable, and information regarding potential loss of human life that may be associated with
flooding and coastal storm events, shall be displayed in the benefits and costs of such projects.
(b) Assessments
For all feasibility reports for water resources projects completed after December 31, 2007, the
Secretary shall assess whether—
(1) the water resources project and each separable element is cost-effective; and
(2) the water resources project complies with Federal, State, and local laws (including
regulations) and public policies.
(Pub. L. 99–662, title IX, §904, Nov. 17, 1986, 100 Stat. 4185; Pub. L. 101–640, title III, §315, Nov.
28, 1990, 104 Stat. 4641; Pub. L. 104–303, title II, §231, Oct. 12, 1996, 110 Stat. 3704; Pub. L.
110–114, title II, §2033(a), Nov. 8, 2007, 121 Stat. 1084.)
EDITORIAL NOTES
AMENDMENTS
2007—Pub. L. 110–114 designated existing provisions as subsec. (a), inserted heading, and added subsec.
(b).
1996—Pub. L. 104–303 inserted "and information regarding potential loss of human life that may be
associated with flooding and coastal storm events," after "unquantifiable,".
1990—Pub. L. 101–640 inserted "(including preservation and enhancement of the environment)" after
"environment".
(B) not later than 30 days after each missed deadline, make publicly available, including on
the Internet, a copy of the amended project schedule described in subparagraph (A)(ii).
(Pub. L. 99–662, title IX, §905, Nov. 17, 1986, 100 Stat. 4185; Pub. L. 106–541, title II, §222(a),
Dec. 11, 2000, 114 Stat. 2597; Pub. L. 110–114, title II, §2043(b), Nov. 8, 2007, 121 Stat. 1101; Pub.
L. 113–121, title I, §1002(a)–(c), June 10, 2014, 128 Stat. 1198; Pub. L. 116–260, div. AA, title I,
§117, Dec. 27, 2020, 134 Stat. 2628.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in subsec. (a)(3)(B), is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, known as the
Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short
Title note set out under section 2201 of this title and Tables.
Section 903(b), referred to in subsec. (a)(3)(B), is section 903(b) of Pub. L. 99–662, title IX, Nov. 17, 1986,
100 Stat. 4184, which is not classified to the Code.
The Water Resources Development Act of 2000, referred to in subsec. (a)(4), is Pub. L. 106–541, Dec. 11,
2000, 114 Stat. 2572. Title VI of the Act is not classified to the Code. For complete classification of this Act
to the Code, see Short Title of 2000 Amendment note set out under section 2201 of this title and Tables.
AMENDMENTS
2020—Subsec. (b). Pub. L. 116–260 added subsec. (b). A prior subsec. (b) was repealed by Pub. L.
113–121, title I, §1002(a)(1). See 2014 Amendment note below.
2014—Subsec. (a)(1). Pub. L. 113–121, §1002(a)(2), struck out "perform a reconnaissance study and" after
"shall".
Subsec. (a)(2). Pub. L. 113–121, §1002(b), inserted at end "A feasibility report shall include a preliminary
analysis of the Federal interest and the costs, benefits, and environmental impacts of the project."
Subsec. (b). Pub. L. 113–121, §1002(a)(1), struck out subsec. (b) which related to performing
reconnaissance studies prior to initiating feasibility studies.
Subsec. (g). Pub. L. 113–121, §1002(c), added subsec. (g).
2007—Subsec. (a). Pub. L. 110–114, §2043(b)(1), designated first sentence of existing provisions as par.
(1) and inserted subsec. (a) and par. (1) headings, substituted "the Secretary that results in recommendations
concerning a project or the operation of a project and that requires specific authorization by Congress in law
or otherwise, the Secretary shall perform a reconnaissance study and" for "the Secretary, the Secretary shall"
in par. (1), designated second and third sentences of existing provisions as par. (2) and inserted heading,
substituted "A feasibility report" for "Such feasibility report" and "The feasibility report" in par. (2), added
pars. (3) and (4), and struck out last sentence of existing provisions which read as follows: "This subsection
shall not apply to (1) any study with respect to which a report has been submitted to Congress before
November 17, 1986, (2) any study for a project, which project is authorized for construction by this Act and is
not subject to section 903(b), (3) any study for a project which is authorized under any of the following
sections: section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), section 2 of the Flood Control Act of
August 28, 1946 (33 U.S.C. 701r), section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), section 3
of the Act entitled 'An Act authorizing Federal participation in the cost of protecting the shores of publicly
owned property', approved August 13, 1946 (33 U.S.C. 426g), and section 111 of the River and Harbor Act of
1968 (33 U.S.C. 426i), and (4) general studies not intended to lead to recommendation of a specific water
resources project."
Subsec. (b). Pub. L. 110–114, §2043(b)(2)(A), inserted heading.
Subsecs. (c) to (f). Pub. L. 110–114, §2043(b)(2)(B)–(E), added subsec. (c), redesignated former subsecs.
(c) to (e) as (d) to (f), respectively, and inserted headings in subsecs. (d) and (e).
2000—Subsec. (e). Pub. L. 106–541 added subsec. (e).
§2282a. Planning
(a) Omitted
(b) Planning process improvements
The Chief of Engineers—
(1) shall adopt a risk analysis approach to project cost estimates for water resources projects;
and
(2) not later than one year after November 8, 2007, shall—
(A) issue procedures for risk analysis for cost estimation for water resources projects; and
(B) submit to Congress a report that includes any recommended amendments to section 2280
of this title.
(c) Benchmarks
(1) In general
Not later than 12 months after November 8, 2007, the Chief of Engineers shall establish
benchmarks for determining the length of time it should take to conduct a feasibility study for a
water resources project and its associated review process under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.). The Chief of Engineers shall use such benchmarks as a
management tool to make the feasibility study process more efficient in all districts of the Corps
of Engineers.
(2) Benchmark goals
The Chief of Engineers shall establish, to the extent practicable, under paragraph (1) benchmark
goals for completion of feasibility studies for water resources projects generally within 2 years. In
the case of feasibility studies that the Chief of Engineers determines may require additional time
based on the project type, size, cost, or complexity, the benchmark goal for completion shall be
generally within 4 years.
(d) Calculation of benefits and costs for flood damage reduction projects
A feasibility study for a project for flood damage reduction shall include, as part of the calculation
of benefits and costs—
(1) a calculation of the residual risk of flooding following completion of the proposed project;
(2) a calculation of the residual risk of loss of human life and residual risk to human safety
following completion of the proposed project;
(3) a calculation of any upstream or downstream impacts of the proposed project; and
(4) calculations to ensure that the benefits and costs associated with structural and nonstructural
alternatives are evaluated in an equitable manner.
(e) Centers of specialized planning expertise
(1) Establishment
The Secretary may establish centers of expertise to provide specialized planning expertise for
water resources projects to be carried out by the Secretary in order to enhance and supplement the
capabilities of the districts of the Corps of Engineers.
(2) Duties
A center of expertise established under this subsection shall—
(A) provide technical and managerial assistance to district commanders of the Corps of
Engineers for project planning, development, and implementation;
(B) provide agency peer reviews of new major scientific, engineering, or economic methods,
models, or analyses that will be used to support decisions of the Secretary with respect to
feasibility studies for water resources projects;
(C) provide support for independent peer review panels under section 2343 of this title; and
(D) carry out such other duties as are prescribed by the Secretary.
(3) Deep draft navigation planning center of expertise
(A) In general
The Secretary shall consolidate deep draft navigation expertise within the Corps of Engineers
into a deep draft navigation planning center of expertise.
(B) List
Not later than 60 days after the date of the consolidation required under subparagraph (A),
the Secretary shall submit to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the House of Representatives a list
of the grade levels and expertise of each of the personnel assigned to the center described in
subparagraph (A).
(f) Completion of Corps of Engineers reports
(1) Alternatives
(A) In general
Feasibility and other studies and assessments for a water resources project shall include
recommendations for alternatives—
(i) that, as determined in coordination with the non-Federal interest for the project,
promote integrated water resources management; and
(ii) for which the non-Federal interest is willing to provide the non-Federal share for the
studies or assessments.
(B) Constraints
The alternatives contained in studies and assessments described in subparagraph (A) shall not
be constrained by budgetary or other policy.
(C) Reports of Chief of Engineers
The reports of the Chief of Engineers shall identify any recommendation that is not the best
technical solution to water resource needs and problems and the reason for the deviation.
(2) Report completion
The completion of a report of the Chief of Engineers for a water resources project—
(A) shall not be delayed while consideration is being given to potential changes in policy or
priority for project consideration; and
(B) shall be submitted, on completion, to—
(i) the Committee on Environment and Public Works of the Senate; and
(ii) the Committee on Transportation and Infrastructure of the House of Representatives.
(g) Completion review
(1) In general
Except as provided in paragraph (2), not later than 120 days after the date of completion of a
report of the Chief of Engineers that recommends to Congress a water resources project, the
Secretary shall—
(A) review the report; and
(B) provide any recommendations of the Secretary regarding the water resources project to
Congress.
(2) Prior reports
Not later than 180 days after November 8, 2007, with respect to any report of the Chief of
Engineers recommending a water resources project that is complete prior to November 8, 2007,
the Secretary shall complete review of, and provide recommendations to Congress for, the report
in accordance with paragraph (1).
(Pub. L. 110–114, title II, §2033, Nov. 8, 2007, 121 Stat. 1084; Pub. L. 113–121, title II, §2103, June
10, 2014, 128 Stat. 1278.)
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (c)(1), is Pub. L. 91–190, Jan. 1,
1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section
4321 of Title 42 and Tables.
CODIFICATION
Section is comprised of section 2033 of Pub. L. 110–114. Subsec. (a) of section 2033 of Pub. L. 110–114
amended section 2281 of this title.
Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2014—Subsec. (e)(3). Pub. L. 113–121 added par. (3).
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations
Act, 2014, and also as part of the Consolidated Appropriations Act, 2014, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
§2282c. Vertical integration and acceleration of studies
(a) In general
To the extent practicable, a feasibility study initiated by the Secretary, after June 10, 2014, under
section 2282(a) of this title shall—
(1) result in the completion of a final feasibility report not later than 3 years after the date of
initiation;
(2) have a maximum Federal cost of $3,000,000; and
(3) ensure that personnel from the district, division, and headquarters levels of the Corps of
Engineers concurrently conduct the review required under that section.
(b) Extension
If the Secretary determines that a feasibility study described in subsection (a) will not be
conducted in accordance with subsection (a), the Secretary, not later than 30 days after the date of
making the determination, shall—
(1) prepare an updated feasibility study schedule and cost estimate;
(2) notify the non-Federal feasibility cost-sharing partner that the feasibility study has been
delayed; and
(3) provide written notice to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the House of Representatives as to the
reasons the requirements of subsection (a) are not attainable.
(c) Exception
(1) In general
The Secretary may extend the timeline of a study by a period not to exceed 3 years, if the
Secretary determines that the feasibility study is too complex to comply with the requirements of
subsection (a).
(2) Factors
In making a determination that a study is too complex to comply with the requirements of
subsection (a), the Secretary shall consider—
(A) the type, size, location, scope, and overall cost of the project;
(B) whether the project will use any innovative design or construction techniques;
(C) whether the project will require significant action by other Federal, State, or local
agencies;
(D) whether there is significant public dispute as to the nature or effects of the project; and
(E) whether there is significant public dispute as to the economic or environmental costs or
benefits of the project.
(3) Notification
Each time the Secretary makes a determination under this subsection, the Secretary shall
provide written notice to the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of Representatives as to the results
of that determination, including an identification of the specific 1 or more factors used in making
the determination that the project is complex.
(d) Reviews
Not later than 90 days after the date of the initiation of a study described in subsection (a) for a
project, the Secretary shall—
(1) take all steps necessary to initiate the process for completing federally mandated reviews
that the Secretary is required to complete as part of the study, including the environmental review
process under section 1005;
(2) convene a meeting of all Federal, tribal, and State agencies identified under section 2348(e)
of this title that may be required by law to conduct or issue a review, analysis, or opinion on or to
make a determination concerning a permit or license for the study; and
(3) take all steps necessary to provide information that will enable required reviews and
analyses related to the project to be conducted by other agencies in a thorough and timely manner.
(e) Interim report
Not later than 18 months after June 10, 2014, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives and make publicly available a report that describes—
(1) the status of the implementation of the planning process under this section, including the
number of participating projects;
(2) a review of project delivery schedules, including a description of any delays on those studies
participating in the planning process under this section; and
(3) any recommendations for additional authority necessary to support efforts to expedite the
feasibility study process for water resource projects.
(f) Final report
Not later than 4 years after June 10, 2014, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives and make publicly available a report that describes—
(1) the status of the implementation of this section, including a description of each feasibility
study subject to the requirements of this section;
(2) the amount of time taken to complete each feasibility study; and
(3) any recommendations for additional authority necessary to support efforts to expedite the
feasibility study process, including an analysis of whether the limitation established by subsection
(a)(2) needs to be adjusted to address the impacts of inflation.
(Pub. L. 113–121, title I, §1001, June 10, 2014, 128 Stat. 1196; Pub. L. 115–270, title I, §1330(b),
Oct. 23, 2018, 132 Stat. 3827; Pub. L. 116–260, div. AA, title III, §360(c), Dec. 27, 2020, 134 Stat.
2733.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 1005, referred to in subsec. (d)(1), is section 1005 of Pub. L. 113–121, which enacted section 2349
of this title and amended generally section 2348 of this title.
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2020—Subsec. (c). Pub. L. 116–260, §360(c)(2), redesignated subsec. (d) as (c) and struck out former
subsec. (c). Prior to amendment, text of subsec. (c) read as follows: "A feasibility study for which the
Secretary has issued a determination under subsection (b) is not authorized after the last day of the 1-year
period beginning on the date of the determination if the Secretary has not completed the study on or before
such last day."
Subsec. (d). Pub. L. 116–260, §360(c)(2), redesignated subsec. (e) as (d). Former subsec. (d) redesignated
(c).
Subsec. (d)(1). Pub. L. 116–260, §360(c)(1)(A), (B), substituted "The Secretary" for "Notwithstanding the
requirements of subsection (c), the Secretary" and "subsection (a)" for "subsections (a) and (c)".
Subsec. (d)(2). Pub. L. 116–260, §360(c)(1)(B), substituted "subsection (a)" for "subsections (a) and (c)" in
introductory provisions.
Subsec. (d)(4). Pub. L. 116–260, §360(c)(1)(C), struck out par. (4). Text read as follows: "The Secretary
shall not extend the timeline for a feasibility study for a period of more than 10 years, and any feasibility study
that is not completed before that date shall no longer be authorized.".
Subsecs. (e) to (g). Pub. L. 116–260, §360(c)(2), redesignated subsecs. (f) and (g) as (e) and (f),
respectively. Former subsec. (e) redesignated (d).
2018—Subsec. (d)(4). Pub. L. 115–270 substituted "10 years" for "7 years".
(B) a letter or statement of support for the feasibility report, proposed feasibility study, or
proposed modification to an authorized water resources development project or feasibility study
from each associated non-Federal interest;
(C) the purpose of the feasibility report, proposed feasibility study, or proposed modification
to an authorized water resources development project or feasibility study;
(D) an estimate, to the extent practicable, of the Federal, non-Federal, and total costs of—
(i) the proposed modification to an authorized feasibility study; and
(ii) construction of—
(I) the water resources development project that is the subject of—
(aa) the feasibility report; or
(bb) the authorized feasibility study for which a modification is proposed, with
respect to the change in costs resulting from such modification; or
(E) an estimate, to the extent practicable, of the monetary and nonmonetary benefits of—
(i) the water resources development project that is the subject of—
(I) the feasibility report; or
(II) the authorized feasibility study for which a modification is proposed, with respect to
the benefits of such modification; or
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2020—Subsec. (c)(1)(B)(ii)(III). Pub. L. 116–260, §127(a)(1)(A)(i), inserted ", regional, or local" after
"national".
Subsec. (c)(1)(D). Pub. L. 116–260, §127(a)(1)(A)(ii), added subpar. (D).
Subsec. (c)(4)(B)(ii), (iii). Pub. L. 116–260, §127(a)(1)(B), added cl. (ii) and redesignated former cl. (ii) as
(iii).
Subsec. (g)(5). Pub. L. 116–260, §127(a)(2), struck out "if authorized before December 16, 2016" before
period at end.
2018—Subsec. (a)(4). Pub. L. 115–270, §1332(a)(1), added par. (4).
Subsec. (b)(1). Pub. L. 115–270, §1332(a)(2), substituted "studies, proposed modifications to authorized
water resources development projects and feasibility studies, and proposed modifications for an environmental
infrastructure program" for "studies and proposed modifications to authorized water resources development
projects and feasibility studies".
Subsec. (c)(4). Pub. L. 115–270, §1332(a)(5), added par. (4) and struck out former par. (4). Prior to
amendment, text read as follows: "The Secretary shall include in the annual report an appendix listing the
proposals submitted under subsection (b) that were not included in the annual report under paragraph (1)(A)
and a description of why the Secretary determined that those proposals did not meet the criteria for inclusion
under such paragraph."
Subsecs. (d) to (g). Pub. L. 115–270, §1332(a)(3), (4), added subsec. (d) and redesignated former subsecs.
(d) to (f) as (e) to (g), respectively.
2016—Subsec. (f)(5). Pub. L. 114–322 added par. (5).
(D) an estimate, to the extent practicable, of the monetary and nonmonetary benefits of the
study or project.
(3) Certification
The Secretary shall include in each report submitted under this section a certification stating
that each feasibility study or water resources development project included in the report meets the
criteria described in paragraph (1)(A).
(4) Omissions
(A) Limitation
The Secretary shall not omit from a report submitted under this section a study or project that
otherwise meets the criteria for inclusion in the report solely on the basis of a policy of the
Secretary.
(B) Appendix
If the Secretary omits from a report submitted under this section a study or project that
otherwise meets the criteria for inclusion in the report, the Secretary shall include with the
report an appendix that lists the name of the study or project and reason for its omission.
(c) Submission to Congress; publication
(1) Submission to Congress
The Secretary may submit a report under this section in conjunction with the submission of the
annual report under section 2282d of this title.
(2) Publication
On submission of each report under this section, the Secretary shall make the report publicly
available, including through publication on the internet.
(d) Definitions
In this section:
(1) Non-Federal interest
The term "non-Federal interest" has the meaning given that term in section 1962d–5b of title 42.
(2) Water resources development project
The term "water resources development project" includes a separable element of a project, a
project under an environmental infrastructure assistance program, and a project the authorized
purposes of which include water supply.
(Pub. L. 116–260, div. AA, title II, §222, Dec. 27, 2020, 134 Stat. 2694.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
STATUTORY NOTES AND RELATED SUBSIDIARIES
"SECRETARY" DEFINED
Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116–260, set out as a note
under section 2201 of this title.
whichever the Secretary determines is appropriate, except that any physical construction required
for the purposes of mitigation may be undertaken concurrently with the physical construction of such
project.
(2) For the purposes of this subsection, any project authorized before November 17, 1986, on
which more than 50 percent of the land needed for the project, exclusive of mitigation lands, has
been acquired shall be deemed to have commenced construction under this subsection.
(b) Acquisition of lands or interests in lands for mitigation
(1) After consultation with appropriate Federal and non-Federal agencies, the Secretary is
authorized to mitigate damages to fish and wildlife resulting from any water resources project under
his jurisdiction, whether completed, under construction, or to be constructed. Such mitigation may
include the acquisition of lands, or interests therein, except that—
(A) acquisition under this paragraph shall not be by condemnation in the case of projects
completed as of November 17, 1986, or on which at least 10 percent of the physical construction
on the project has been completed as of November 17, 1986; and
(B) acquisition of water, or interests therein, under this paragraph, shall not be by
condemnation.
The Secretary, shall, under the terms of this paragraph, obligate no more than $30,000,000 in any
fiscal year. With respect to any water resources project, the authority under this subsection shall not
apply to measures that cost more than $7,500,000 or 10 percent of the cost of the project, whichever
is greater.
(2) Whenever, after his review, the Secretary determines that such mitigation features under this
subsection are likely to require condemnation under subparagraph (A) or (B) of paragraph (1) of this
subsection, the Secretary shall transmit to Congress a report on such proposed modification, together
with his recommendations.
(c) Allocation of mitigation costs
Costs incurred after November 17, 1986, including lands, easements, rights-of-way, and
relocations, for implementation and operation, maintenance, and rehabilitation to mitigate damages
to fish and wildlife shall be allocated among authorized project purposes in accordance with
applicable cost allocation procedures, and shall be subject to cost sharing or reimbursement to the
same extent as such other project costs are shared or reimbursed, except that when such costs are
covered by contracts entered into prior to November 17, 1986, such costs shall not be recovered
without the consent of the non-Federal interests or until such contracts are complied with or
renegotiated.
(d) Mitigation plans as part of project proposals
(1) In general
After November 17, 1986, the Secretary shall not submit any proposal for the authorization of
any water resources project to Congress in any report, and shall not select a project alternative in
any report, unless such report contains (A) a recommendation with a specific plan to mitigate for
damages to ecological resources, including terrestrial and aquatic resources, and fish and wildlife
losses created by such project, or (B) a determination by the Secretary that such project will have
negligible adverse impact on ecological resources and fish and wildlife without the
implementation of mitigation measures. Specific mitigation plans shall ensure that impacts to
bottomland hardwood forests are mitigated in-kind, and other habitat types are mitigated to not
less than in-kind conditions, to the extent possible. If the Secretary determines that mitigation to
in-kind conditions is not possible, the Secretary shall identify in the report the basis for that
determination and the mitigation measures that will be implemented to meet the requirements of
this section and the goals of section 2317(a)(1) of this title. In carrying out this subsection, the
Secretary shall consult with appropriate Federal and non-Federal agencies.
(2) Selection and design of mitigation projects
The Secretary shall select and design mitigation projects using a watershed approach to reflect
contemporary understanding of the science of mitigating the adverse environmental impacts of
water resources projects.
(3) Mitigation requirements
(A) In general
To mitigate losses to flood damage reduction capabilities and fish and wildlife resulting from
a water resources project, the Secretary shall ensure that the mitigation plan for each water
resources project complies with, at a minimum, the mitigation standards and policies
established pursuant to the regulatory programs administered by the Secretary.
(B) Inclusions
A specific mitigation plan for a water resources project under paragraph (1) shall include, at a
minimum—
(i) a plan for monitoring the implementation and ecological success of each mitigation
measure, including the cost and duration of any monitoring, and, to the extent practicable, a
designation of the entities that will be responsible for the monitoring;
(ii) the criteria for ecological success by which the mitigation will be evaluated and
determined to be successful based on replacement of lost functions and values of the habitat,
including hydrologic and vegetative characteristics;
(iii) for projects where mitigation will be carried out by the Secretary—
(I) a description of the land and interest in land to be acquired for the mitigation plan;
(II) the basis for a determination that the land and interests are available for acquisition;
and
(III) a determination that the proposed interest sought does not exceed the minimum
interest in land necessary to meet the mitigation requirements for the project;
(iv) for projects where mitigation will be carried out through a third party mitigation
arrangement in accordance with subsection (i)—
(I) a description of the third party mitigation instrument to be used; and
(II) the basis for a determination that the mitigation instrument can meet the mitigation
requirements for the project;
(v) a description of—
(I) the types and amount of restoration activities to be conducted;
(II) the physical action to be undertaken to achieve the mitigation objectives within the
watershed in which such losses occur and, in any case in which the mitigation will occur
outside the watershed, a detailed explanation for undertaking the mitigation outside the
watershed; and
(III) the functions and values that will result from the mitigation plan; and
(vi) a contingency plan for taking corrective actions in cases in which monitoring
demonstrates that mitigation measures are not achieving ecological success in accordance
with criteria under clause (ii).
(C) Responsibility for monitoring
In any case in which it is not practicable to identify in a mitigation plan for a water resources
project the entity responsible for monitoring at the time of a final report of the Chief of
Engineers or other final decision document for the project, such entity shall be identified in the
partnership agreement entered into with the non-Federal interest under section 1962d–5b of title
42.
(4) Determination of success
(A) In general
A mitigation plan under this subsection shall be considered to be successful at the time at
which the criteria under paragraph (3)(B)(ii) are achieved under the plan, as determined by
monitoring under paragraph (3)(B)(i).
(B) Consultation
In determining whether a mitigation plan is successful under subparagraph (A), the Secretary
shall consult annually with appropriate Federal agencies and each State in which the applicable
project is located on at least the following:
(i) The ecological success of the mitigation as of the date on which the report is submitted.
(ii) The likelihood that the mitigation will achieve ecological success, as defined in the
mitigation plan.
(iii) The projected timeline for achieving that success.
(iv) Any recommendations for improving the likelihood of success.
(5) Monitoring
Mitigation monitoring shall continue until it has been demonstrated that the mitigation has met
the ecological success criteria.
(e) First enhancement costs as Federal costs
In those cases when the Secretary, as part of any report to Congress, recommends activities to
enhance fish and wildlife resources, the first costs of such enhancement shall be a Federal cost
when—
(1) such enhancement provides benefits that are determined to be national, including benefits to
species that are identified by the National Marine Fisheries Service as of national economic
importance, species that are subject to treaties or international convention to which the United
States is a party, and anadromous fish;
(2) such enhancement is designed to benefit species that have been listed as threatened or
endangered by the Secretary of the Interior under the terms of the Endangered Species Act, as
amended (16 U.S.C. 1531, et seq.), or
(3) such activities are located on lands managed as a national wildlife refuge.
When benefits of enhancement do not qualify under the preceding sentence, 25 percent of such
first costs of enhancement shall be provided by non-Federal interests under a schedule of
reimbursement determined by the Secretary. Not more than 80 percent of the non-Federal share of
such first costs may be satisfied through in-kind contributions, including facilities, supplies, and
services that are necessary to carry out the enhancement project. The non-Federal share of operation,
maintenance, and rehabilitation of activities to enhance fish and wildlife resources shall be 25
percent.
(f) National benefits from enhancement measures for Atchafalaya Floodway System and
Mississippi Delta Region projects
Fish and wildlife enhancement measures carried out as part of the project for Atchafalaya
Floodway System, Louisiana, authorized by Public Law 99–88, and the project for Mississippi Delta
Region, Louisiana, authorized by the Flood Control Act of 1965, shall be considered to provide
benefits that are national for purposes of this section.
(g) Fish and Wildlife Coordination Act supplementation
The provisions of subsections (a), (b), and (d) shall be deemed to supplement the responsibility
and authority of the Secretary pursuant to the Fish and Wildlife Coordination Act [16 U.S.C. 661 et
seq.], and nothing in this section is intended to affect that Act.
(h) Programmatic mitigation plans
(1) In general
The Secretary may develop programmatic mitigation plans to address the potential impacts to
ecological resources, fish, and wildlife associated with existing or future Federal water resources
development projects.
(2) Use of mitigation plans
The Secretary shall, to the maximum extent practicable, use programmatic mitigation plans
developed in accordance with this subsection to guide the development of a mitigation plan under
subsection (d).
(3) Non-Federal plans
The Secretary shall, to the maximum extent practicable and subject to all conditions of this
subsection, use programmatic environmental plans developed by a State, a body politic of the
State, which derives its powers from a State constitution, a government entity created by State
legislation, or a local government, that meet the requirements of this subsection to address the
potential environmental impacts of existing or future water resources development projects.
(4) Scope
A programmatic mitigation plan developed by the Secretary or an entity described in paragraph
(3) to address potential impacts of existing or future water resources development projects shall, to
the maximum extent practicable—
(A) be developed on a regional, ecosystem, watershed, or statewide scale;
(B) include specific goals for aquatic resource and fish and wildlife habitat restoration,
establishment, enhancement, or preservation;
(C) identify priority areas for aquatic resource and fish and wildlife habitat protection or
restoration;
(D) include measures to protect or restore habitat connectivity;
(E) encompass multiple environmental resources within a defined geographical area or focus
on a specific resource, such as aquatic resources or wildlife habitat; and
(F) address impacts from all projects in a defined geographical area or focus on a specific
type of project.
(5) Consultation
The scope of the plan shall be determined by the Secretary or an entity described in paragraph
(3), as appropriate, in consultation with the agency with jurisdiction over the resources being
addressed in the environmental mitigation plan.
(6) Contents
A programmatic environmental mitigation plan may include—
(A) an assessment of the condition of environmental resources in the geographical area
covered by the plan, including an assessment of recent trends and any potential threats to those
resources;
(B) an assessment of potential opportunities to improve the overall quality of environmental
resources in the geographical area covered by the plan through strategic mitigation for impacts
of water resources development projects;
(C) standard measures for mitigating certain types of impacts, including impacts to habitat
connectivity;
(D) parameters for determining appropriate mitigation for certain types of impacts, such as
mitigation ratios or criteria for determining appropriate mitigation sites;
(E) adaptive management procedures, such as protocols that involve monitoring predicted
impacts over time and adjusting mitigation measures in response to information gathered
through the monitoring;
(F) acknowledgment of specific statutory or regulatory requirements that must be satisfied
when determining appropriate mitigation for certain types of resources; and
(G) any offsetting benefits of self-mitigating projects, such as ecosystem or resource
restoration and protection.
(7) Process
Before adopting a programmatic environmental mitigation plan for use under this subsection,
the Secretary shall—
(A) for a plan developed by the Secretary—
(i) make a draft of the plan available for review and comment by applicable environmental
resource agencies and the public; and
(ii) consider any comments received from those agencies and the public on the draft plan;
and
(B) for a plan developed under paragraph (3), determine, not later than 180 days after
receiving the plan, whether the plan meets the requirements of paragraphs (4) through (6) and
was made available for public comment.
(8) Integration with other plans
A programmatic environmental mitigation plan may be integrated with other plans, including
watershed plans, ecosystem plans, species recovery plans, growth management plans, and land use
plans.
(9) Consideration in project development and permitting
If a programmatic environmental mitigation plan has been developed under this subsection, any
Federal agency responsible for environmental reviews, permits, or approvals for a water resources
development project may use the recommendations in that programmatic environmental mitigation
plan when carrying out the responsibilities of the agency under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
(10) Preservation of existing authorities
Nothing in this subsection limits the use of programmatic approaches to reviews under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(11) Effect
Nothing in this subsection—
(A) requires the Secretary to undertake additional mitigation for existing projects for which
mitigation has already been initiated, including the addition of fish passage to an existing water
resources development project; or
(B) affects the mitigation responsibilities of the Secretary under any other provision of law.
(i) Third-party mitigation arrangements
(1) Eligible activities
In accordance with all applicable Federal laws (including regulations), mitigation efforts carried
out under this section may include—
(A) participation in mitigation banking or other third-party mitigation arrangements, such
as—
(i) the purchase of credits from commercial or State, regional, or local agency-sponsored
mitigation banks; and
(ii) the purchase of credits from in-lieu fee mitigation programs; and
(B) contributions to statewide and regional efforts to conserve, restore, enhance, and create
natural habitats and wetlands if the Secretary determines that the contributions will ensure that
the mitigation requirements of this section and the goals of section 2317(a)(1) of this title will
be met.
(2) Inclusion of other activities
The banks, programs, and efforts described in paragraph (1) include any banks, programs, and
efforts developed in accordance with applicable law (including regulations).
(3) Terms and conditions
In carrying out natural habitat and wetlands mitigation efforts under this section, contributions
to the mitigation effort may—
(A) take place concurrent with, or in advance of, the commitment of funding to a project; and
(B) occur in advance of project construction only if the efforts are consistent with all
applicable requirements of Federal law (including regulations) and water resources development
planning processes.
(4) Preference
At the request of the non-Federal project sponsor, preference may be given, to the maximum
extent practicable, to mitigating an environmental impact through the use of a mitigation bank,
in-lieu fee, or other third-party mitigation arrangement, if the use of credits from the mitigation
bank or in-lieu fee, or the other third-party mitigation arrangement for the project has been
approved by the applicable Federal agency.
(j) Use of funds
(1) In general
The Secretary, with the consent of the applicable non-Federal interest, may use funds made
available for preconstruction engineering and design after authorization of project construction to
satisfy mitigation requirements through third-party arrangements or to acquire interests in land
necessary for meeting mitigation requirements under this section.
(2) Notification
Prior to the expenditure of any funds for a project pursuant to paragraph (1), the Secretary shall
notify the Committee on Appropriations and the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Appropriations and the Committee on
Environment and Public Works of the Senate.
(k) Measures
The Secretary shall consult with interested members of the public, the Director of the United
States Fish and Wildlife Service, the Assistant Administrator for Fisheries of the National Oceanic
and Atmospheric Administration, States, including State fish and game departments, and interested
local governments to identify standard measures under subsection (h)(6)(C) that reflect the best
available scientific information for evaluating habitat connectivity.
(Pub. L. 99–662, title IX, §906, Nov. 17, 1986, 100 Stat. 4186; Pub. L. 102–580, title III, §333(a),
Oct. 31, 1992, 106 Stat. 4852; Pub. L. 106–53, title II, §221, Aug. 17, 1999, 113 Stat. 295; Pub. L.
106–541, title II, §224(a), Dec. 11, 2000, 114 Stat. 2597; Pub. L. 110–114, title II, §2036(a), Nov. 8,
2007, 121 Stat. 1092; Pub. L. 113–121, title I, §1040(a), June 10, 2014, 128 Stat. 1239; Pub. L.
114–322, title I, §1162, Dec. 16, 2016, 130 Stat. 1668.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Endangered Species Act, as amended, referred to in subsec. (e)(2), probably means the Endangered
Species Act of 1973, Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, as amended, which is classified generally to
chapter 35 (§1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see
Short Title note set out under section 1531 of Title 16 and Tables.
Public Law 99–88, referred to in subsec. (f), is Pub. L. 99–88, Aug. 15, 1985, 99 Stat. 293, known as the
Supplemental Appropriations Act, 1985. Provisions of Pub. L. 99–88 authorizing the project for the
Atchafalaya Floodway System, Louisiana, are not classified to the Code. For complete classification of this
Act to the Code, see Tables.
The Flood Control Act of 1965, referred to in subsec. (f), is title II of Pub. L. 89–298, Oct. 27, 1965, 79
Stat. 1073. Provisions of that Act authorizing the project for Mississippi Delta Region, Louisiana, are not
classified to the Code. For complete classification of this Act to the Code, see Tables.
The Fish and Wildlife Coordination Act, referred to in subsec. (g), is act Mar. 10, 1934, ch. 55, 48 Stat. 401,
which is classified generally to sections 661 to 666c–1 of Title 16, Conservation. For complete classification
of this Act to the Code, see section 661(a) of Title 16, Short Title note set out under section 661 of Title 16,
and Tables.
The National Environmental Policy Act of 1969, referred to in subsec. (h)(9), (10), is Pub. L. 91–190, Jan.
1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section
4321 of Title 42 and Tables.
AMENDMENTS
2016—Subsec. (h)(4)(D) to (F). Pub. L. 114–322, §1162(1)(A), added subpar. (D) and redesignated former
subpars. (D) and (E) as (E) and (F), respectively.
Subsec. (h)(6)(C). Pub. L. 114–322, §1162(1)(B), substituted "impacts, including impacts to habitat
connectivity" for "impacts".
Subsec. (h)(11). Pub. L. 114–322, §1162(1)(C), added par. (11) and struck out former par. (11). Prior to
amendment, text read as follows: "Nothing in this subsection requires the Secretary to undertake additional
mitigation for existing projects for which mitigation has already been initiated."
Subsecs. (j), (k). Pub. L. 114–322, §1162(2), added subsecs. (j) and (k).
2014—Subsec. (d)(1). Pub. L. 113–121, §1040(a)(1)(A), inserted "for damages to ecological resources,
including terrestrial and aquatic resources, and" after "mitigate", "ecological resources and" after "impact on",
"without the implementation of mitigation measures" before period at end of first sentence, and "If the
Secretary determines that mitigation to in-kind conditions is not possible, the Secretary shall identify in the
report the basis for that determination and the mitigation measures that will be implemented to meet the
requirements of this section and the goals of section 2317(a)(1) of this title." after "to the extent possible."
Subsec. (d)(2). Pub. L. 113–121, §1040(a)(1)(B)(iii), which directed insertion of "using a watershed
approach" after "projects" was executed by making the insertion after "projects" the first place appearing to
reflect the probable intent of Congress.
Pub. L. 113–121, §1040(a)(1)(B)(i), (ii), substituted "Selection and design" for "Design" in heading and
inserted "select and" before "design" in text.
Subsec. (d)(3)(A). Pub. L. 113–121, §1040(a)(1)(C)(i), inserted ", at a minimum," after "complies with".
Subsec. (d)(3)(B)(iii) to (vi). Pub. L. 113–121, §1040(a)(1)(C)(ii), added cls. (iii) and (iv), redesignated
former cls. (iv) and (v) as (v) and (vi), respectively, and struck out former cl. (iii) which read as follows: "a
description of the land and interests in land to be acquired for the mitigation plan and the basis for a
determination that the land and interests are available for acquisition;".
Subsecs. (h), (i). Pub. L. 113–121, §1040(a)(2), added subsecs. (h) and (i).
2007—Subsec. (d)(1). Pub. L. 110–114, §2036(a)(1), (2), substituted "to Congress in any report, and shall
not select a project alternative in any report," for "to the Congress" and inserted ", and other habitat types are
mitigated to not less than in-kind conditions" after "mitigated in-kind".
Subsec. (d)(3) to (5). Pub. L. 110–114, §2036(a)(3), added pars. (3) to (5).
2000—Subsec. (d). Pub. L. 106–541 inserted subsec. heading, designated existing provisions as par. (1),
inserted par. heading, realigned margins, substituted "November 17, 1986" for "the date of enactment of this
Act", redesignated former cls. (1) and (2) as (A) and (B), respectively, and added par. (2).
1999—Subsec. (e). Pub. L. 106–53 inserted after second sentence "Not more than 80 percent of the
non-Federal share of such first costs may be satisfied through in-kind contributions, including facilities,
supplies, and services that are necessary to carry out the enhancement project."
1992—Subsec. (c). Pub. L. 102–580 inserted ", including lands, easements, rights-of-way, and relocations,"
before "for implementation and operation".
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2014—Pars. (3), (4). Pub. L. 113–121 added par. (3) and redesignated former par. (3) as (4).
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
REFERENCES IN TEXT
The Pacific Northwest Electric Power Planning and Conservation Act, referred to in text, is Pub. L. 96–501,
Dec. 5, 1980, 94 Stat. 2697, which is classified principally to chapter 12H (§839 et seq.) of Title 16,
Conservation. For complete classification of this Act to the Code, see Short Title note set out under section
839 of Title 16 and Tables.
§2287. Continued planning and investigations
(a) Pre-authorization planning and engineering
After the Chief of Engineers transmits his recommendations for a water resources development
project to the Secretary for transmittal to the Congress, as authorized in section 701–1 of this title,
and before authorization for construction of such project, the Chief of Engineers is authorized to
undertake continued planning and engineering (other than preparation of plans and specifications)
for such project if the Chief of Engineers finds that the project is without substantial controversy and
justifies further engineering, economic, and environmental investigations and the Chief of Engineers
transmits to the Committee on Public Works and Transportation of the House of Representatives and
the Committee on Environment and Public Works of the Senate a statement of such findings. In the
one-year period after authorization for construction of such project, the Chief of Engineers is
authorized to undertake planning, engineering, and design for such project.
(b) Omitted
(c) Authorizations as additions to other authorizations
The authorization made by this section shall be in addition to any other authorizations for
planning, engineering, and design of water resources development projects and shall not be
construed as a limitation on any other such authorization.
(Pub. L. 99–662, title IX, §910, Nov. 17, 1986, 100 Stat. 4189.)
EDITORIAL NOTES
CODIFICATION
Subsec. (b) of this section, which required the Secretary to prepare and transmit an annual report to certain
committees of Congress on activities undertaken under this section, terminated, effective May 15, 2000,
pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31,
Money and Finance. See, also, page 72 of House Document No. 103–7.
§2288. Repealed. Pub. L. 113–121, title I, §1004, June 10, 2014, 128 Stat. 1199
Section, Pub. L. 99–662, title IX, §911, Nov. 17, 1986, 100 Stat. 4189, related to review of cost
effectiveness of design.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water
Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2018—Subsec. (a)(2). Pub. L. 115–270 struck out "in coastal areas" after "risk reduction".
EXECUTIVE DOCUMENTS
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48,
Territories and Insular Possessions.
EDITORIAL NOTES
AMENDMENTS
1988—Subsec. (a). Pub. L. 100–676 substituted "have the power to recover benefits through any
cost-recovery approach that is consistent with State law and satisfies the applicable cost-recovery requirement
under subsection (b)" for "include the power to collect a portion of the transfer price from any transaction
involving the sale, transfer, or change in beneficial ownership of lands and improvements within the district
boundaries".
EDITORIAL NOTES
REFERENCES IN TEXT
The National Emergencies Act, referred to in subsec. (a), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255,
as amended, which is classified principally to chapter 34 (§1601 et seq.) of Title 50, War and National
Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of
Title 50 and Tables.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Emergency Supplemental Appropriations Act for Defense, the Global
War on Terror, and Hurricane Recovery, 2006, and not as part of the Water Resources Development Act of
1986 which comprises this chapter.
EDITORIAL NOTES
REFERENCES IN TEXT
The Watershed Protection and Flood Prevention Act, referred to in text, is act Aug. 4, 1954, ch. 656, 68
Stat. 666, which is classified principally to chapter 18 (§1001 et seq.) of Title 16, Conservation. For complete
classification of this Act to the Code, see Short Title note set out under section 1001 of Title 16 and Tables.
EDITORIAL NOTES
CODIFICATION
Section 2301, Pub. L. 99–662, title IX, §937, Nov. 17, 1986, 100 Stat. 4198, which required the Secretary
of the Army to transmit to certain committees of Congress annual reports on electricity generated by water
resource projects constructed by the Secretary and revenues and costs associated with the projects, terminated,
effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under
section 1113 of Title 31, Money and Finance. See, also, page 72 of House Document No. 103–7.
Subsec. (a) of section 2302, Pub. L. 99–662, title IX, §938(a), Nov. 17, 1986, 100 Stat. 4198, which
required the Secretary of the Army to transmit an annual report to certain committees of Congress describing
contracts awarded, broken down by Engineer District of the Army Corps of Engineers, including the number
and dollar amount of contracts set aside for small business concerns, awarded to small business or small
disadvantaged business concerns, available for competition by qualified firms of all sizes, and awarded to
other than small business or small disadvantaged business concerns, terminated, effective May 15, 2000,
pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31,
Money and Finance. See, also, page 69 of House Document No. 103–7.
Subsec. (b) of section 2302, Pub. L. 99–662, title IX, §938(b), Nov. 17, 1986, 100 Stat. 4198, directed the
Comptroller General to conduct a study of the contracting procedures of the Secretary of the Army for civil
works projects, examining whether potential bidders or offerors, regardless of their size, are allowed to
compete fairly in the interest of lowering cost on contracts for construction, and to report findings and
recommendations to Congress within two years of Nov. 17, 1986.
§2304. Separability
If any provision of this Act, or the application of any provision of this Act to any person or
circumstance, is held invalid, the application of such provision to other persons or circumstances,
and the remainder of this Act, shall not be affected thereby.
(Pub. L. 99–662, title IX, §949, Nov. 17, 1986, 100 Stat. 4201.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the
Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short
Title note set out under section 2201 of this title and Tables.
§2306. Reports
If any report required to be transmitted under this Act to the Committee on Public Works and
Transportation of the House of Representatives or the Committee on Environment and Public Works
of the Senate pertains in whole or in part to fish and wildlife mitigation, benthic environmental
repercussions, or ecosystem mitigation, the Federal officer required to prepare or transmit that report
also shall transmit a copy of the report to the Committee on Merchant Marine and Fisheries of the
House of Representatives.
(Pub. L. 99–662, title IX, §951, Nov. 17, 1986, 100 Stat. 4201.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082, as amended, known as the
Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short
Title note set out under section 2201 of this title and Tables.
(C) In developing the strategy, the Board shall conduct and consider the results of—
(i) an analysis of the feasibility and costs of using iron ore vessels, which are not being utilized,
to move grain and other agricultural commodities on the Great Lakes;
(ii) an economic analysis of transshipping such commodities through Montreal, Canada, and
other ports;
(iii) an analysis of the economic feasibility of storing such commodities during the
non-navigation season of the Great Lakes and the feasibility of and need for construction of new
storage facilities for such commodities;
(iv) an analysis of the constraints on the flexibility of farmers in the Great Lakes region to
market grains and other agricultural commodities, including harvest dates for such commodities
and the availability of transport and storage facilities for such commodities; and
(v) an analysis of the amount of grain and other agricultural commodities produced in the
United States which are being diverted to Canada by rail but which could be shipped on the Great
Lakes if vessels were available for shipping such products during the navigation season.
(D) In developing the strategy, the Board shall consider weather problems and related costs and
marketing problems resulting from the late harvest of agricultural commodities (including wheat and
sunflower seeds) in the Great Lakes region.
(E) In developing the strategy, the Board shall consult United States ports on the Great Lakes and
their users, including farm organizations (such as wheat growers and soybean growers), port
authorities, water carrier organizations, and other interested persons.
(3) The Board shall be composed of seven members as follows:
(A) the chairman of the Great Lakes Commission or his or her delegate,
(B) the Secretary or his or her delegate,
(C) the Secretary of Transportation or his or her delegate,
(D) the Secretary of Commerce or his or her delegate,
(E) the Administrator of the Great Lakes St. Lawrence Seaway Development Corporation or his
or her delegate,
(F) the Secretary of Agriculture or his or her delegate, and
(G) the Administrator of the Environmental Protection Agency or his or her delegate.
(4)(A) Members of the Board shall serve for the life of the Board.
(B) Members of the Board shall serve without pay and those members who are full time officers or
employees of the United States shall receive no additional pay by reason of their service on the
Board, except that members of the Board shall be allowed travel or transportation expenses under
subchapter I of chapter 57 of title 5 while away from their homes or regular places of business and
engaged in the actual performance of duties vested in the Board.
(C) Four members of the Board shall constitute a quorum but a lesser number may hold hearings.
(D) The co-chairmen of the Board shall be the Secretary or his or her delegate and the
Administrator of the Great Lakes St. Lawrence Seaway Development Corporation or his or her
delegate.
(E) The Board shall meet at the call of the co-chairmen or a majority of its members.
(5)(A) The Board shall, without regard to section 5311(b) 1 of title 5, have a Director, who shall
be appointed by the Board and shall be paid at a rate which the Board considers appropriate.
(B) Subject to such rules as may be prescribed by the Board, without regard to 5311(b) 1 of title 5,
the Board may appoint and fix the pay of such additional personnel as the Board considers
appropriate.
(C) Upon request of the Board, the head of any Federal agency is authorized to detail, on a
reimbursable basis, any of the personnel of such agency to the Board to assist the Board in carrying
out its duties under this subsection.
(6)(A) The Board may, for purposes of carrying out this subsection, hold such hearings, sit and act
at such times and places, take such testimony, and receive such evidence, as the Board considers
appropriate.
(B) Any member or agent of the Board may, if so authorized by the Board, take any action which
the Board is authorized to take by this paragraph.
(C) The Board may secure directly from any department or agency of the United States any
information necessary to enable it to carry out this subsection. Upon request of the co-chairmen of
the Board, the head of such department or agency shall furnish such information to the Board.
(D) The Board may use the United States mail in the same manner and under the same conditions
as other departments and agencies of the United States.
(E) The Administrator of General Services shall provide to the Board on a reimbursable basis such
administrative support services as the Board may request.
(7) Not later than September 30, 1989, the Board shall transmit to the President and to each House
of the Congress a report stating the strategy developed under this subsection and the results of each
analysis conducted under this subsection. Such report shall contain a detailed statement of the
findings and conclusions of the Board together with its recommendations for such legislative and
administrative actions as it considers appropriate to carry out such strategy and to assure maximum
economic benefits to the users of the Great Lakes and to the Great Lakes region.
(8) The Board shall cease to exist 180 days after submitting its report pursuant to this subsection.
(9) The non-Federal share of the cost of carrying out this subsection shall be 25 percent. There is
authorized to be appropriated such sums as may be necessary to carry out the Federal share of this
subsection for fiscal years beginning after September 30, 1986, and ending before October 1, 1990.
(c) International advisory group
(1) The President shall invite the Government of Canada to join in the formation of an
international advisory group whose duty it shall be (A) to develop a bilateral program for improving
navigation, through a coordinated strategy, on the Great Lakes, and (B) to conduct investigations on
a continuing basis and make recommendations for a system-wide navigation improvement program
to facilitate optimum use of the Great Lakes. The advisory group shall be composed of five members
representing the United States, five members representing Canada, and two members from the
International Joint Commission established by the treaty between the United States and Great Britain
relating to boundary waters between the United States and Canada, signed at Washington, January
11, 1909 (36 Stat. 2448). The five members representing the United States shall include the
Secretary of State, one member of the Great Lakes Commodities Marketing Board (as designated by
the Board), and three individuals appointed by the President representing commercial, shipping, and
environmental interests, respectively.
(2) The United States representatives to the international advisory group shall serve without pay
and the United States representatives to the advisory group who are full time officers or employees
of the United States shall receive no additional pay by reason of their service on the advisory group,
except that the United States representatives shall be allowed travel or transportation expenses under
subchapter I of chapter 57 of title 5 while away from their homes or regular place of business and
engaged in the actual performance of duties vested in the advisory group.
(3) The international advisory group established by this subsection shall report to Congress and to
the Canadian Parliament on its progress in carrying out the duties set forth in this subsection not later
than one year after the formation of such group and biennially thereafter.
(d) Review of environmental, economic, and social impacts of navigation in United States
portion of Great Lakes
The Secretary and the Administrator of the Environmental Protection Agency, in cooperation with
the Secretary of the Interior, the Administrator of the National Oceanic and Atmospheric
Administration, and other appropriate Federal and non-Federal entities, shall carry out a review of
the environmental, economic, and social impacts of navigation in the United States portion of the
Great Lakes. In carrying out such review, the Secretary and the Administrator shall use existing
research, studies, and investigations relating to such impacts to the maximum extent possible. Special
emphasis shall be made in such review of the impacts of navigation on the shoreline and on fish and
wildlife habitat, including, but not limited to, impacts associated with resuspension of bottom
sediment. The Secretary and the Administrator shall submit to Congress an interim report of such
review not later than September 30, 1988, and a final report of such review along with
recommendations not later than September 30, 1990.
(Pub. L. 99–662, title XI, §1132, Nov. 17, 1986, 100 Stat. 4246; Pub. L. 116–260, div. AA, title V,
§512(c)(5)(D), Dec. 27, 2020, 134 Stat. 2756.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 5311(b) of title 5, referred to in subsec. (b)(5)(A), (B), was repealed by Pub. L. 101–509, title V,
§529 [title I, §104(c)(1)], Nov. 5, 1990, 104 Stat. 1427, 1447.
AMENDMENTS
2020—Subsec. (b)(3)(E), (4)(D). Pub. L. 116–260 substituted "Great Lakes St. Lawrence Seaway
Development Corporation" for "Saint Lawrence Seaway Development Corporation".
EDITORIAL NOTES
CODIFICATION
Subsec. (f) of this section, which required the Secretary to transmit biennial reports to Congress on the
results of reviews conducted under subsec. (a) of this section and on the programs conducted under subsecs.
(b) and (c) of this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as
amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 72 of House
Document No. 103–7.
Section was formerly set out as a note under section 2294 of this title.
AMENDMENTS
2018—Subsec. (h). Pub. L. 115–270 substituted "$50,000,000" for "$40,000,000".
2014—Subsec. (d). Pub. L. 113–121 substituted "The non-Federal share may be provided" for "Not more
than 80 percent of the non-Federal share may be" and "$10,000,000" for "$5,000,000".
2007—Subsec. (h). Pub. L. 110–114 substituted "$40,000,000" for "$25,000,000".
2000—Subsecs. (g) to (i). Pub. L. 106–541 added subsec. (g) and redesignated former subsecs. (g) and (h)
as (h) and (i), respectively.
1999—Subsec. (c). Pub. L. 106–53 designated existing provisions as par. (1), inserted heading, and added
par. (2).
1996—Subsec. (a). Pub. L. 104–303, §204(a), struck out "the operation of" after "to review" and inserted
before period at end "and to determine if the operation of such projects has contributed to the degradation of
the quality of the environment".
Subsec. (b). Pub. L. 104–303, §204(b), struck out at end "The non-Federal share of the cost of any
modifications carried out under this section shall be 25 percent. No modification shall be carried out under this
section without specific authorization by Congress if the estimated cost exceeds $5,000,000."
Subsecs. (c), (d). Pub. L. 104–303, §204(c)(2), added subsecs. (c) and (d). Former subsecs. (c) and (d)
redesignated (e) and (f), respectively.
Subsec. (e). Pub. L. 104–303, §204(c)(1), redesignated subsec. (c) as (e). Former subsec. (e) redesignated
(g).
Subsec. (f). Pub. L. 104–303, §204(c)(1), (3), redesignated subsec. (d) as (f) and substituted "programs
conducted under subsections (b) and (c)" for "program conducted under subsection (b)".
Subsec. (g). Pub. L. 104–303, §204(c)(1), redesignated subsec. (e) as (g).
Subsec. (h). Pub. L. 104–303, §204(d), added subsec. (h).
1992—Subsec. (b). Pub. L. 102–580, §202(1), inserted at end "No modification shall be carried out under
this section without specific authorization by Congress if the estimated cost exceeds $5,000,000."
Subsec. (e). Pub. L. 102–580, §202(2), substituted "$25,000,000" for "$15,000,000".
1990—Subsec. (a). Pub. L. 101–640, §304(a), struck out "before the date of enactment of this Act" after
"constructed by the Secretary".
Subsec. (b). Pub. L. 101–640, §304(b), substituted "program" for "demonstration program in the 5-year
period beginning on the date of enactment of this Act" and struck out "before the date of enactment of this
Act" after "constructed by the Secretary".
Subsec. (d). Pub. L. 101–640, §304(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) read
as follows: "Not later than 5 years after the date of enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the review conducted under subsection (a) and on the demonstration
program conducted under subsection (b). Such report shall contain any recommendations of the Secretary
concerning modification and extension of such program."
Subsec. (e). Pub. L. 101–640, §304(d), substituted "$15,000,000 annually to carry out this section" for
"$25,000,000 to carry out this section".
1988—Subsec. (b). Pub. L. 100–676, §41(a), substituted "5-year period" for "two-year period".
Subsec. (d). Pub. L. 100–676, §41(b), substituted "5 years" for "two years".
EDITORIAL NOTES
AMENDMENTS
2020—Subsec. (b). Pub. L. 116–260 substituted "on an annual basis for inflation." for "for inflation for the
period beginning on November 17, 1986, and ending on October 23, 2018."
2018—Subsec. (a)(2). Pub. L. 115–270, §1155(a), substituted "or tribal organization (as those terms are
defined in section 5304 of title 25)." for "(as defined in section 5130 of title 25)."
Subsec. (b). Pub. L. 115–270, §1156, substituted "October 23, 2018" for "June 10, 2014".
2016—Pub. L. 114–322, §1119(1), inserted "and Indian tribes" after "Territories" in section catchline.
Subsec. (a). Pub. L. 114–322, §1119(2), inserted dash after "projects" and par. (1) designation before "in
American" and added par. (2).
2014—Pub. L. 113–121 designated existing provisions as subsec. (a) and inserted heading, inserted "Puerto
Rico," before "and the Trust Territory of the Pacific Islands", and added subsec. (b).
EXECUTIVE DOCUMENTS
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48,
Territories and Insular Possessions.
EDITORIAL NOTES
REFERENCES IN TEXT
Public Law 83–566, as amended, referred to in text, is act Aug. 4, 1954, ch. 656, 68 Stat. 666, known as the
Watershed Protection and Flood Prevention Act, which is classified principally to chapter 18 (§1001 et seq.)
of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out
under section 1001 of Title 16 and Tables.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1988, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1988, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2014—Subsec. (d). Pub. L. 113–121 substituted "methods, or materials, including roller compacted
concrete, geosynthetic materials, and advanced composites, that the Secretary determines are appropriate to
carry out this section." for "materials, or methods which the Secretary determines are previously
undemonstrated or are too new to be considered standard practice."
1999—Subsecs. (b) to (d). Pub. L. 106–53 added subsec. (b) and redesignated former subsecs. (b) and (c) as
(c) and (d), respectively.
EDITORIAL NOTES
CODIFICATION
Section was formerly set out as a note under section 2314 of this title.
Section was enacted as part of the Water Resources Development Act of 1988, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
1990—Pub. L. 101–640, §318(c)(1), struck out "demonstration" after "Technical assistance" in section
catchline.
Subsec. (a). Pub. L. 101–640, §318(c)(2), struck out "to undertake a demonstration program for a 2-year
period, which shall begin within 6 months after the date of enactment of this Act," after "The Secretary is
authorized".
Subsecs. (d), (e). Pub. L. 101–640, §318(c)(3), (4), redesignated subsec. (e) as (d) and struck out former
subsec. (d) which read as follows: "Within 6 months after the end of the demonstration program authorized by
this section, the Secretary shall submit to Congress a report on the results of such demonstration program."
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1988, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the
America's Water Infrastructure Act of 2018, and not as part of the Water Resources Development Act of 1986
which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
§2317. Wetlands
(a) Goals and action plan
(1) Goals
There is established, as part of the Corps of Engineers water resources development program,
an interim goal of no overall net loss of the Nation's remaining wetlands base, as defined by
acreage and function, and a long-term goal to increase the quality and quantity of the Nation's
wetlands, as defined by acreage and function.
(2) Use of authorities
The Secretary shall utilize all appropriate authorities, including those to restore and create
wetlands, in meeting the interim and long-term goals.
(3) Action plan
(A) Development
The Secretary shall develop, in consultation with the Environmental Protection Agency, the
Fish and Wildlife Service, and other appropriate Federal agencies, a wetlands action plan to
achieve the goals established by this subsection as soon as possible.
(B) Contents
The plan shall include and identify actions to be taken by the Secretary in achieving the goals
and any new authorities which may be necessary to accelerate attainment of the goals.
(C) Completion deadline
The Secretary shall complete the plan not later than 1 year after November 28, 1990.
(b) Constructed wetlands for Mud Creek, Arkansas
Notwithstanding any other provision of law, the Secretary is authorized and directed to establish
and carry out a research and pilot project to evaluate and demonstrate—
(1) the use of constructed wetlands for wastewater treatment, and
(2) methods by which such projects contribute—
(A) to meeting the objective of the Federal Water Pollution Control Act [33 U.S.C. 1251 et
seq.] to restore and maintain the physical, chemical, and biological integrity of the Nation's
waters, and
(B) to attaining the goals established by subsection (a).
The project under this subsection shall be carried out to improve the quality of effluent discharged
from publicly owned treatment works operated by the city of Fayetteville, Arkansas, into Mud Creek
or its tributaries.
(c) Non-Federal responsibilities
For the project conducted under subsection (b), the non-Federal interest shall agree—
(1) to provide, without cost to the United States, all lands, easements, rights-of-way, relocations,
and dredged material disposal areas necessary for construction and subsequent research and
demonstration work;
(2) to hold and save the United States free from damages due to construction, operation, and
maintenance of the project, except damages due to the fault or negligence of the United States or
its contractors; and
(3) to operate and maintain the restored or constructed wetlands in accordance with good
management practices; except that nothing in this paragraph shall be construed as precluding a
Federal agency from agreeing to operate and maintain the restored or reconstructed wetlands.
The value of the non-Federal lands, easements, rights-of-way, relocations, and dredged material
disposal areas provided by the non-Federal interest shall be credited toward the non-Federal share of
project design and construction costs. The non-Federal share of project design and construction costs
shall be 25 percent.
(d) Wetlands restoration and enhancement demonstration program
(1) Establishment and implementation
The Secretary, in consultation with the Administrator, is authorized to establish and implement
a demonstration program for the purpose of determining the feasibility of wetlands restoration,
enhancement, and creation as a means of contributing to the goals established by subsection (a).
(2) Goal
The goal of the program under this subsection shall be to establish a limited number of
demonstration wetlands restoration, enhancement, and creation areas in districts of the Corps of
Engineers for the purpose of evaluating the technical and scientific long-term feasibility of such
areas as a means of contributing to the attainment of the goals established by subsection (a).
Federal and State land-owning agencies and private parties may contribute to such areas.
(3) Factors to consider
In establishing the demonstration program under this subsection, the Secretary shall consider—
(A) past experience with wetlands restoration, enhancement, and creation;
(B) the appropriate means of measuring benefits of compensatory mitigation activities,
including enhancement or restoration of existing wetlands or creation of wetlands;
(C) the appropriate geographic scope for which wetlands loss may be offset by restoration,
enhancement, and creation efforts;
(D) the technical feasibility and scientific likelihood that wetlands can be successfully
restored, enhanced, and created;
(E) means of establishing liability for, and long-term ownership of, wetlands restoration,
enhancement, and creation areas; and
(F) responsibilities for short- and long-term project monitoring.
(4) Reporting
(A) To the Chief of Engineers
The district engineer for each district of the Corps of Engineers in which a wetlands
restoration, enhancement, and creation area is established under this subsection shall transmit
annual reports to the Chief of Engineers describing the amount and value of wetlands restored,
enhanced, and created for the area and a summary of whether the area is contributing to the goal
established in paragraph (2).
(B) To Congress
Not later than 3 years after November 28, 1990, the Secretary shall transmit to Congress a
report evaluating the use of wetlands restoration, enhancement, and creation areas in fulfilling
the goal established by paragraph (2), together with recommendations on whether or not to
continue use of such areas as a means of meeting the goals established by subsection (a).
(5) Effect on other laws
Nothing in this subsection affects any requirements under section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344) or section 403 of this title.
(e) Training and certification of delineators
(1) In general
The Secretary is authorized to establish a program for the training and certification of
individuals as wetlands delineators. As part of such program, the Secretary shall carry out
demonstration projects in districts of the Corps of Engineers. The program shall include training
and certification of delineators and procedures for expediting consideration and acceptance of
delineations performed by certified delineators.
(2) Reports
The Secretary shall transmit to Congress periodic reports concerning the status of the program
and any recommendations on improving the content and implementation of the Federal Manual for
Identifying and Delineating Jurisdictional Wetlands.
(Pub. L. 101–640, title III, §307, Nov. 28, 1990, 104 Stat. 4635.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Federal Water Pollution Control Act, referred to in subsec. (b)(2)(A), is act June 30, 1948, ch. 758, as
amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter
26 (§1251 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out
under section 1251 of this title and Tables.
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
(B) the Secretary determines that the use of such banks or in-lieu fee programs provide
reasonable assurance that the statutory (and regulatory) mitigation requirements for a water
resources development project are met, including monitoring or demonstrating mitigation success.
(3) Effect
Nothing in this subsection—
(A) modifies or alters any requirement for a water resources development project to comply
with applicable laws or regulations, including section 2283 of this title; or
(B) shall be construed as to limit mitigation alternatives or require the use of mitigation banks
or in-lieu fee programs.
(Pub. L. 110–114, title II, §2036(c), Nov. 8, 2007, 121 Stat. 1094; Pub. L. 114–322, title I, §1163,
Dec. 16, 2016, 130 Stat. 1669.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2016—Pub. L. 114–322 amended section generally. Prior to amendment, section related to use of the
mitigation bank for certain water resources projects that involved wetlands mitigation.
EDITORIAL NOTES
REFERENCES IN TEXT
The National Flood Insurance Act of 1968, referred to in subsec. (d), is title XIII of Pub. L. 90–448, Aug. 1,
1968, 82 Stat. 572, as amended, which is classified principally to chapter 50 (§4001 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out
under section 4001 of Title 42 and Tables.
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
1999—Subsec. (a). Pub. L. 106–53, §219(a)(1), inserted "Exclusion of elements from" before "benefit-cost"
in heading.
Subsecs. (b) to (d). Pub. L. 106–53, §219(a)(2), (3), added subsec. (b) and redesignated former subsecs. (b)
and (c) as (c) and (d), respectively. Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 106–53, §219(a)(2), (4), redesignated subsec. (d) as (e) and substituted "subsection (c)"
for "subsection (b)". Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 106–53, §219(a)(2), redesignated subsec. (e) as (f).
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–303, §233(1), struck out heading and text of subsec. (a). Text read as
follows: "Not later than 2 years after November 28, 1990, the Secretary shall establish for major reservoirs
under the jurisdiction of the Corps of Engineers a technical advisory committee to provide to the Secretary
and Corps of Engineers recommendations on reservoir monitoring and options for reservoir research. The
Secretary shall determine the membership of the committee, except that the Secretary may not appoint more
than 6 members and shall ensure a predominance of members with appropriate academic, technical, or
scientific qualifications. Members shall serve without pay, and the Secretary shall provide any necessary
facilities, staff, and other support services in accordance with the Federal Advisory Committee Act (5 U.S.C.
App. 1 et seq.)."
Subsec. (b). Pub. L. 104–303, §233(2), struck out "(b) PUBLIC PARTICIPATION.—" before "The
Secretary shall ensure", and substituted "section" for "subsection" in two places.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2018—Pub. L. 115–270 inserted "navigation and" before "hydroelectric facilities" in section catchline,
designated first sentence as subsec. (a), inserted heading, and inserted "navigation or" before "hydroelectric",
designated second sentence as subsec. (b) and inserted heading, and added subsec. (c).
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2000—Subsec. (a). Pub. L. 106–541, §212(1), inserted introductory provisions and struck out former
introductory provisions which read as follows: "In carrying out the maintenance, rehabilitation, and
modernization of a hydroelectric power generating facility at a water resources project under the jurisdiction
of the Department of the Army, the Secretary may take, to the extent funds are made available in
appropriations Acts, such actions as are necessary to increase the efficiency of energy production or the
capacity of the facility, or both, if, after consulting with the heads of other appropriate Federal and State
agencies, the Secretary determines that the increase—".
Subsec. (a)(1). Pub. L. 106–541, §212(1), substituted "are" for "is" before "economically justified".
Subsec. (b). Pub. L. 106–541, §212(2), substituted "any proposed uprating" for "the proposed uprating" in
first sentence.
Subsecs. (c) to (e). Pub. L. 106–541, §212(3), (4), added subsecs. (c) and (d) and redesignated former
subsec. (c) as (e).
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2020—Subsecs. (a), (b). Pub. L. 116–260, §146(1), substituted "water resources development" for "civil
works" wherever appearing.
Subsec. (c). Pub. L. 116–260, §146(2), added subsec. (c).
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section is comprised of section 318 of Pub. L. 101–640. Subsec. (c) of section 318 of Pub. L. 101–640
amended section 2314a of this title.
Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2014—Subsec. (a). Pub. L. 113–121, §1029(1), substituted "Federal departments or agencies,
nongovernmental organizations," for "other Federal agencies,".
Subsec. (b). Pub. L. 113–121, §1029(2), inserted "or foreign governments" after "organizations".
Subsec. (c). Pub. L. 113–121, §1029(3), inserted "and restoration" after "protection".
Subsec. (d). Pub. L. 113–121, §1029(4), designated first and second sentences as pars. (1) and (2),
respectively, inserted headings, and substituted "Federal departments or agencies, nongovernmental
organizations," for "other Federal agencies," in par. (2).
2007—Subsec. (a). Pub. L. 110–114, §2030(1), added subsec. (a) and struck out heading and text of former
subsec. (a). Text read as follows: "The Secretary may engage in activities in support of other Federal agencies
or international organizations to address problems of national significance to the United States."
Subsec. (b). Pub. L. 110–114, §2030(2), substituted "Department of State" for "Secretary of State".
Subsec. (d). Pub. L. 110–114, §2030(3), substituted "$1,000,000 for fiscal year 2008" for "$250,000 for
fiscal year 2001" and ", international organizations, or foreign governments" for "or international
organizations".
2000—Subsec. (d). Pub. L. 106–541 substituted "There is authorized to be appropriated to carry out this
section $250,000 for fiscal year 2001 and each fiscal year thereafter." for "There is authorized to be
appropriated $1,000,000 to carry out this section." and inserted "out" after "carry" in second sentence.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2020—Subsec. (b). Pub. L. 116–260, §350(1), substituted "3,000,000" for "2,000,000".
Subsec. (g). Pub. L. 116–260, §350(2), substituted "means—" for "means", inserted par. (1) designation
before "a community", substituted "; or" for period at end, and added par. (2).
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
1996—Subsec. (b). Pub. L. 104–303 substituted "(8862)" for "(8662)".
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2016—Subsec. (a). Pub. L. 114–322, §1153(1), added subsec. (a) and struck out former subsec. (a). Prior to
amendment, text read as follows: "Subject to subsection (b), the Secretary is authorized to accept and use
materials and services contributed by a non-Federal public entity, a nonprofit entity, or a private entity for the
purpose of repairing, restoring, or replacing a water resources development project that has been damaged or
destroyed as a result of an emergency if the Secretary determines that the acceptance and use of such materials
and services is in the public interest."
Subsec. (c). Pub. L. 114–322, §1153(3), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 114–322, §1153(2), (4), redesignated subsec. (c) as (d) and, in introductory provisions,
substituted "Not later than February 1 of each year after the first fiscal year in which materials, services, or
funds are accepted under this section," for "Not later than 60 days after initiating an activity under this
section," and "an annual report" for "a report".
STATUTORY NOTES AND RELATED SUBSIDIARIES
"SECRETARY" DEFINED
Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section
2201 of this title.
EDITORIAL NOTES
REFERENCES IN TEXT
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(1)(B), is
Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of
Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title
note set out under section 5121 of Title 42 and Tables.
The National Environmental Policy Act of 1969, referred to in subsec. (c), is Pub. L. 91–190, Jan. 1, 1970,
83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2020—Subsec. (d)(1). Pub. L. 116–260, §125(a)(2)(C)(i)(I), in introductory provisions, substituted "At the
request of the non-Federal interest for a water resources development project involving the disposal of
dredged material, the Secretary, using funds appropriated for construction or operation and maintenance of the
project, may select" for "In developing and carrying out a Federal water resources project involving the
disposal of dredged material, the Secretary may select, with the consent of the non-Federal interest,".
Subsec. (d)(1)(B). Pub. L. 116–260, §125(a)(2)(C)(i)(II), substituted "hurricane and storm or flood risk
reduction benefits" for "flood and storm damage and flood reduction benefits".
Subsec. (d)(5). Pub. L. 116–260, §125(a)(2)(C)(ii), added par. (5).
2018—Subsec. (a)(1)(A). Pub. L. 115–270, §1150, inserted "including a project authorized for flood
control," after "an authorized Federal water resources project,".
Subsec. (g). Pub. L. 115–270, §1157(d), substituted "$62,500,000" for "$50,000,000".
2016—Subsec. (a)(1). Pub. L. 114–322, §1122(i)(1), designated existing provisions as subpar. (A), inserted
heading, and added subpar. (B).
Subsec. (d)(3), (4). Pub. L. 114–322, §1122(i)(2), added pars. (3) and (4).
2014—Subsec. (a)(1). Pub. L. 113–121, §1038(1)(A), inserted "or used in" after "obtained through".
Subsec. (a)(3)(C). Pub. L. 113–121, §1038(1)(B), inserted "for the purposes of improving environmental
conditions in marsh and littoral systems, stabilizing stream channels, enhancing shorelines, and supporting
State and local risk management adaptation strategies" before period at end.
Subsec. (a)(4). Pub. L. 113–121, §1038(1)(C), added par. (4).
Subsec. (c)(1)(C). Pub. L. 113–121, §1030(d)(1)(A), substituted "$10,000,000" for "$5,000,000".
Subsec. (d). Pub. L. 113–121, §1038(2)(A), substituted "Selection of dredged material disposal method for
purposes related to environmental restoration or storm damage and flood reduction" for "Selection of dredged
material disposal method for environmental purposes" in heading.
Subsec. (d)(1). Pub. L. 113–121, §1038(2)(B), substituted "in relation to—" for "in relation to the
environmental benefits, including the benefits to the aquatic environment to be derived from the creation of
wetlands and control of shoreline erosion." and added subpars. (A) and (B).
Subsec. (e)(1). Pub. L. 113–121, §1038(3), added par. (1) and struck out former par. (1) which read as
follows: "cooperate with any State in the preparation of a comprehensive State or regional sediment
management plan within the boundaries of the State;".
Subsec. (g). Pub. L. 113–121, §1030(d)(1)(B), substituted "$50,000,000" for "$30,000,000".
2007—Pub. L. 110–114 amended section generally. Prior to amendment, section related to beneficial uses
of dredged material.
1999—Subsec. (c). Pub. L. 106–53, §209(1), in introductory provisions, substituted "binding agreement
with the Secretary" for "cooperative agreement in accordance with the requirements of section 1962d–5b of
title 42".
Subsec. (g). Pub. L. 106–53, §209(2), added subsec. (g).
1996—Subsecs. (e), (f). Pub. L. 104–303 added subsec. (e) and redesignated former subsec. (e) as (f).
EDITORIAL NOTES
REFERENCES IN TEXT
The Budget Act, referred to in subsec. (d)(2)(E) heading, probably means the Congressional Budget Act of
1974, titles I through IX of Pub. L. 93–344, July 12, 1974, 88 Stat. 297, as amended. For complete
classification of this Act to the Code, see Short Title note set out under section 621 of Title 2, The Congress,
and Tables.
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2020—Subsec. (a). Pub. L. 116–260, §145(1), inserted "or replacement capacity" after "Additional
capacity" in heading.
Subsec. (a)(1). Pub. L. 116–260, §145(2), added par. (1) and struck out former par. (1). Prior to amendment,
text read as follows: "At the request of a non-Federal interest with respect to a project, the Secretary may
provide additional capacity at a dredged material disposal facility constructed by the Secretary beyond the
capacity that would be required for project purposes if the non-Federal interest agrees to pay, during the
period of construction, all costs associated with the construction of the additional capacity."
Subsec. (a)(2). Pub. L. 116–260, §145(3), inserted "under paragraph (1)(A)(i)" after "additional capacity".
Subsec. (a)(3), (4). Pub. L. 116–260, §145(4), added pars. (3) and (4).
2007—Subsec. (c). Pub. L. 110–114, §2005(2), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 110–114, §2005(1), redesignated subsec. (c) as (d).
Subsec. (d)(1). Pub. L. 110–114, §2005(3), inserted "and maintenance" after "operation" and "processing,
treatment, contaminant reduction, or" after "dredged material".
Subsec. (d)(2)(A). Pub. L. 110–114, §2005(3), inserted "and maintenance" after "operation" and
"processing, treatment, contaminant reduction, or" after "of a dredged material".
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2020—Subsecs. (g), (h). Pub. L. 116–260, §148(1), (2), added subsec. (g) and redesignated former subsec.
(g) as (h).
Subsec. (h)(3). Pub. L. 116–260, §148(3), added par. (3).
2007—Subsec. (g)(2). Pub. L. 110–114 substituted "through 2012" for "through 2006".
2000—Subsec. (e)(3). Pub. L. 106–541, §505(1), added par. (3).
Subsec. (g). Pub. L. 106–541, §505(2), designated existing provisions as par. (1), inserted heading,
realigned margins, and added par. (2).
STATUTORY NOTES AND RELATED SUBSIDIARIES
DREDGED MATERIAL MANAGEMENT PLANS
Pub. L. 115–270, title I, §1116, Oct. 23, 2018, 132 Stat. 3776, provided that:
"(a) IN GENERAL.—For purposes of dredged material management plans initiated after the date of
enactment of this Act [Oct. 23, 2018], the Secretary [of the Army] shall expedite the dredged material
management plan process in order that such plans make maximum use of existing information, studies, and
innovative dredged material management practices, and avoid any redundant information collection and
studies.
"(b) REPORT.—Not later than 60 days after the date of enactment of this Act, the Secretary shall submit to
Congress a report on how the Corps of Engineers intends to meet the requirements of subsection (a)."
NEW YORK-NEW JERSEY HARBOR, NEW YORK AND NEW JERSEY
Pub. L. 106–53, title V, §540, Aug. 17, 1999, 113 Stat. 350, provided that:
"(a) IN GENERAL.—The Secretary shall conduct a study to analyze the economic and environmental
benefits and costs of potential sediment management and contaminant reduction measures.
"(b) COOPERATIVE AGREEMENTS.—In conducting the study, the Secretary may enter into cooperative
agreements with non-Federal interests to investigate, develop, and support measures for sediment management
and reduction of sources of contaminant that affect navigation in the Port of New York-New Jersey and the
environmental conditions of the New York-New Jersey Harbor estuary."
"SECRETARY" DEFINED
Secretary means the Secretary of the Army, see section 2 of Pub. L. 104–303, set out as a note under section
2201 of this title.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2000, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2018—Subsec. (a). Pub. L. 115–270, §1146(1), substituted "October 23, 2018" for "December 16, 2016"
and "shall, using available funds, accept" for "shall establish, using available funds, a pilot program to accept".
Subsec. (b)(4). Pub. L. 115–270, §1146(2), struck out par. (4) which read as follows: "limit the number of
dams for which services are accepted to 10."
Subsec. (f). Pub. L. 115–270, §1146(3), added subsec. (f) and struck out former subsec. (f). Prior to
amendment, text read as follows: "Upon completion of services at the 10 dams allowed under subsection
(b)(4), the Secretary shall make publicly available and submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the
Senate a report documenting the results of the services."
2016—Pub. L. 114–322 amended section generally. Prior to amendment, section related to a program for
direct marketing of dredged material and a pilot program for dredged material recycling.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water
Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water
Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
Section is comprised of section 125(a) of div. AA of Pub. L. 116–260. Par. (2)(C) of section 125(a) of div.
AA of Pub. L. 116–260 amended section 2326 of this title.
(E) the district-wide goals for beneficial use of the dredged material, including any expected
cost savings from aligning and coordinating multiple projects (including projects across Corps
districts) in the use of the dredged material; and
(F) a description of potential beneficial use projects identified through stakeholder solicitation
and coordination.
(3) Public comment
In developing each plan under this subsection, each District Commander shall provide notice and
an opportunity for public comment, including a solicitation for stakeholders to identify beneficial use
projects, in order to ensure, to the extent practicable, that beneficial use of dredged material is not
foregone in a particular fiscal year or dredging cycle.
(4) Public availability
Upon submission of each plan to the Secretary under this subsection, each District Commander
shall make the plan publicly available, including on a publicly available website.
(5) Transmission to Congress
As soon as practicable after receiving a plan under subsection (a), the Secretary shall transmit the
plan to Congress.
(6) Regional sediment management plans
A plan developed under this section—
(A) shall be in addition to regional sediment management plans prepared under section 2326(a)
of this title; and
(B) shall not be subject to the limitations in section 2326(g) of this title.
(Pub. L. 116–260, div. AA, title I, §125(c), Dec. 27, 2020, 134 Stat. 2638.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
(2) structural modification of a major project component (not exhibiting reliability problems)—
(A) which will enhance the operational efficiency of such component or any other major
component of the project by increasing benefits beyond the original project design; and
(B) which will require at least $1,000,000 in capital outlays.
Such term does not include routine or deferred maintenance. The dollar amounts referred to in
paragraphs (1) and (2) shall be adjusted annually according to the economic assumption published
each year as guidance in the Annual Program and Budget Request for Civil Works Activities of the
Corps of Engineers.
(Pub. L. 102–580, title II, §205, Oct. 31, 1992, 106 Stat. 4827; Pub. L. 113–121, title II, §2006(a)(4),
June 10, 2014, 128 Stat. 1268.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2014—Par. (1)(E)(ii). Pub. L. 113–121 substituted "$20,000,000" for "$8,000,000".
(ii) increasing the capacity of the eligible pump station, subject to the condition that the
increase shall—
(I) significantly decrease the risk of loss of life and property damage; or
(II) decrease total lifecycle rehabilitation costs for the eligible pump station.
(b) Authorization
The Secretary may carry out rehabilitation of an eligible pump station, if the Secretary determines
that the rehabilitation is feasible.
(c) Cost sharing
The non-Federal interest for the eligible pump station shall—
(1) provide 35 percent of the cost of rehabilitation of an eligible pump station carried out under
this section; and
(2) provide all land, easements, rights-of-way, and necessary relocations associated with the
rehabilitation described in subparagraph (A), at no cost to the Federal Government.
(d) Agreement required
The rehabilitation of an eligible pump station pursuant to this section shall be initiated only after a
non-Federal interest has entered into a binding agreement with the Secretary—
(1) to pay the non-Federal share of the costs of rehabilitation under subsection (c); and
(2) to pay 100 percent of the operation and maintenance costs of the rehabilitated eligible pump
station, in accordance with regulations promulgated by the Secretary.
(e) Treatment
The rehabilitation of an eligible pump station pursuant to this section shall not be considered to be
a separable element of the associated flood risk management project constructed by the Corps of
Engineers.
(f) Authorization of appropriations
There is authorized to be appropriated to carry out this section $60,000,000, to remain available
until expended.
(Pub. L. 116–260, div. AA, title I, §133, Dec. 27, 2020, 134 Stat. 2647.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2016—Subsecs. (c), (d). Pub. L. 114–322 added subsec. (c) and redesignated former subsec. (c) as (d).
1996—Subsec. (c). Pub. L. 104–303 substituted "(8862)" for "(8662)".
RECREATION PARTNERSHIP INITIATIVE
Pub. L. 104–303, title V, §519, Oct. 12, 1996, 110 Stat. 3765, as amended by Pub. L. 106–53, title III,
§350(a), Aug. 17, 1999, 113 Stat. 310, provided that:
"(a) IN GENERAL.—The Secretary shall promote Federal, non-Federal, and private sector cooperation in
creating public recreation opportunities and developing the necessary supporting infrastructure at water
resources projects of the Corps of Engineers.
"(b) INFRASTRUCTURE IMPROVEMENTS.—
"(1) RECREATION INFRASTRUCTURE IMPROVEMENTS.—In determining the feasibility of the
public-private cooperative under subsection (a), the Secretary shall provide such infrastructure
improvements as are necessary to support a potential private recreational development at the Raystown
Lake Project, Pennsylvania, generally in accordance with the Master Plan Update (1994) for the project.
"(2) AGREEMENT.—The Secretary shall enter into an agreement with an appropriate non-Federal
public entity to ensure that the infrastructure improvements constructed by the Secretary on non-project
lands pursuant to paragraph (1) are transferred to and operated and maintained by the non-Federal public
entity.
"(3) ENGINEERING AND DESIGN SERVICES.—The Secretary may perform engineering and
design services for project infrastructure expected to be associated with the development of the site at
Raystown Lake, Hesston, Pennsylvania.
"(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry
out this subsection $3,000,000.
"(c) REPORT.—Not later than December 31, 1998, the Secretary shall transmit to Congress a report on the
results of the cooperative efforts carried out under this section, including the improvements required by
subsection (b)."
(ii) the Secretary determines that cooperative management between the Corps of Engineers
and a State or local government agency of a portion of the Corps of Engineers recreation area
or State or local park or recreation area will allow for more effective and efficient
management of those areas.
(B) Restriction
The Secretary may not transfer administration responsibilities for any public recreation area
operated by the Corps of Engineers.
(2) Acquisition of goods and services
The Secretary may acquire from or provide to a State or local government with which the
Secretary has entered into a cooperative agreement under paragraph (1) goods and services to be
used by the Secretary and the State or local government in the cooperative management of the
areas covered by the agreement.
(3) Administration
The Secretary may enter into 1 or more cooperative management agreements or such other
arrangements as the Secretary determines to be appropriate, including leases or licenses, with
non-Federal interests to share the costs of operation, maintenance, and management of recreation
facilities and natural resources at recreation areas that are jointly managed and funded under this
subsection.
(c) Use of funds
(1) In general
If the Secretary determines that it is in the public interest for purposes of enhancing recreation
opportunities at Corps of Engineers water resources development projects, the Secretary may use
funds made available to the Secretary to support activities carried out by State, local, and tribal
governments and such other public or private nonprofit entities as the Secretary determines to be
appropriate.
(2) Cooperative agreements
Any use of funds pursuant to this subsection shall be carried out through the execution of a
cooperative agreement, which shall contain such terms and conditions as the Secretary determines
to be necessary in the public interest.
(Pub. L. 113–121, title I, §1047, June 10, 2014, 128 Stat. 1255.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
Section is comprised of section 1047 of Pub. L. 113–121. Subsecs. (d) and (e) of section 1047 of Pub. L.
113–121 amended sections 569c and 2339 of this title, respectively.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2016—Subsec. (a). Pub. L. 114–322 amended subsec. (a) generally. Prior to amendment, subsec. (a)
authorized the Secretary to engage in activities to inform the United States maritime industry and port
authorities of technological innovations abroad that could significantly improve waterborne transportation in
the United States, both inland and deep draft.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2020—Subsec. (a)(3). Pub. L. 116–260, §126(a)(1), added par. (3).
Subsec. (g). Pub. L. 116–260, §126(a)(2), added subsec. (g).
2018—Subsec. (e). Pub. L. 115–270, §1149(a)(2), added subsec. (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 115–270, §§1149(a)(1), 1157(f), redesignated subsec. (e) as (f) and substituted
"$62,500,000" for "$50,000,000".
2014—Subsec. (d). Pub. L. 113–121 substituted "$10,000,000" for "$5,000,000".
2007—Subsec. (a). Pub. L. 110–114, §2020(1), added subsec. (a) and struck out former subsec. (a), which
read as follows:
"(a) GENERAL AUTHORITY.—The Secretary may carry out an aquatic ecosystem restoration and
protection project if the Secretary determines that the project—
"(1) will improve the quality of the environment and is in the public interest; and
"(2) is cost-effective."
Subsec. (e). Pub. L. 110–114, §2020(2), substituted "$50,000,000" for "$25,000,000".
1999—Subsec. (b). Pub. L. 106–53, §210(1), designated existing provisions as par. (1), inserted heading,
and added par. (2).
Subsec. (c). Pub. L. 106–53, §210(2), designated existing provisions as par. (1), inserted heading, and added
par. (2).
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2016—Subsecs. (d) to (f). Pub. L. 114–322 added subsecs. (d) to (f).
EDITORIAL NOTES
REFERENCES IN TEXT
The Endangered Species Act of 1973, referred to in subsec. (a), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat.
884, which is classified principally to chapter 35 (§1531 et seq.) of Title 16, Conservation. For complete
classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables.
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water
Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
(iv) is in the financial interest of the United States based on a determination that the project
advances Federal objectives including environmental enhancement objectives in a
Reclamation State; and
(v) complies with all applicable Federal and State law, including environmental laws; and
(D) the Secretary has complied with all applicable environmental laws, including—
(i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
(iii) subtitle III of title 54.
(d) Funding
There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years
2022 through 2026, to remain available until expended.
(e) Effects
(1) In general
Nothing in this section supersedes or limits any existing authority provided, or responsibility
conferred, by any provision of law.
(2) Effect on state water law
Nothing in this section preempts or affects any—
(A) State water law; or
(B) interstate compact governing water.
(f) Compliance required
The Secretary shall comply with applicable State water laws in carrying out this section.
(g) Priority for projects providing regional benefits and assistance for aging assets
When funding projects under this section, the Secretary shall prioritize projects that—
(1) are jointly developed and supported by a diverse array of stakeholders including
representatives of irrigated agricultural production, hydroelectric production, potable water
purveyors and industrial water users, Indian Tribes, commercial fishing interests, and nonprofit
conservation organizations;
(2) affect water resources management in 2 or more river basins while providing regional
benefits not limited to fisheries restoration;
(3) are a component of a broader strategy or plan to replace aging facilities with 1 or more
alternate facilities providing similar benefits; and
(4) contribute to the restoration of anadromous fish species listed under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
(Pub. L. 116–260, div. FF, title XI, §1109, Dec. 27, 2020, 134 Stat. 3244.)
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (c)(2)(D)(i), is Pub. L. 91–190, Jan.
1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section
4321 of Title 42 and Tables.
The Endangered Species Act of 1973, referred to in subsecs. (c)(2)(D)(ii) and (g)(4), is Pub. L. 93–205,
Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§1531 et seq.) of Title 16,
Conservation. For complete classification of this Act to the Code, see Short Title note set out under section
1531 of Title 16 and Tables.
CODIFICATION
Section was enacted as part of Consolidated Appropriations Act, 2021, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
STATUTORY NOTES AND RELATED SUBSIDIARIES
DEFINITIONS
Pub. L. 116–260, div. FF, title XI, §1115, Dec. 27, 2020, 134 Stat. 3251, provided that: "In this title
[enacting this section and sections 390g–9 and 1477 of Title 43, Public Lands, and amending sections 1015
and 1015a of Title 16, Conservation, sections 1645 and 1647b of Title 25, Indians, sections 10362 and 10364
of Title 42, The Public Health and Welfare, section 510b of Title 43, and provisions set out as notes under
sections 10301 and 10364 of Title 42]:
"(1) INDIAN TRIBE.—The term 'Indian Tribe' has the meaning given the term in section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
"(2) RECLAMATION STATE.—The term 'Reclamation State' means a State or territory described in
the first section of the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 391).
"(3) SECRETARY.—The term 'Secretary' means the Secretary of the Interior."
[The first paragraph of 43 U.S.C. 391 is comprised of act June 17, 1902, ch. 1093, §1 (part), 32 Stat. 388.
The second paragraph of 43 U.S.C. 391 is comprised of act June 12, 1906, ch. 3288, 34 Stat. 259, as amended.
See Codification note under section 391 of Title 43, Public Lands.]
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1999, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water
Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1999, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2007—Subsec. (e)(23). Pub. L. 110–114, §5005(a)(1), struck out "and" at end.
Subsec. (e)(29) to (33). Pub. L. 110–114, §5005(a), added pars. (29) to (33).
Subsec. (i)(1). Pub. L. 110–114, §5005(b), substituted "section $20,000,000" for "section—
"(A) $20,000,000 for fiscal year 2001;
"(B) $30,000,000 for fiscal year 2002; and
"(C) $50,000,000 for each of fiscal years 2003 through 2005".
2000—Subsec. (e)(24) to (28). Pub. L. 106–541 added pars. (24) to (28).
EDITORIAL NOTES
REFERENCES IN TEXT
The Endangered Species Act of 1973, referred to in subsec. (c)(1), is Pub. L. 93–205, Dec. 28, 1973, 87
Stat. 884, as amended, which is classified generally to chapter 35 (§1531 et seq.) of Title 16, Conservation.
For complete classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16
and Tables.
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1999, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1999, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
STATUTORY NOTES AND RELATED SUBSIDIARIES
"SECRETARY" DEFINED
Secretary means the Secretary of the Army, see section 2 of Pub. L. 106–53, set out as a note under section
2201 of this title.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1999, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
REFERENCES IN TEXT
The Surface Mining Control and Reclamation Act of 1977, referred to in subsec. (d), is Pub. L. 95–87, Aug.
3, 1977, 91 Stat. 445, as amended. Title IV of the Act is classified generally to subchapter IV (§1231 et seq.)
of chapter 25 of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see
Short Title note set out under section 1201 of Title 30 and Tables.
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 1999, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2020—Subsec. (f). Pub. L. 116–260 substituted "$30,000,000" for "$20,000,000".
2007—Subsec. (f). Pub. L. 110–114 substituted "$20,000,000" for "$7,500,000".
2003—Subsec. (f). Pub. L. 108–137 substituted "$7,500,000" for "$5,000,000".
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2000, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2000, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2000, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2016—Subsecs. (c), (d). Pub. L. 114–322 added subsec. (c) and redesignated former subsec. (c) as (d).
2014—Subsec. (a). Pub. L. 113–121 substituted "about" for "at".
STATUTORY NOTES AND RELATED SUBSIDIARIES
"SECRETARY" DEFINED
Secretary means the Secretary of the Army, see section 2 of Pub. L. 106–541, set out as a note under section
2201 of this title.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
REFERENCES IN TEXT
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in text, is Pub. L.
93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out
under section 5121 of Title 42 and Tables.
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
§2341a. Prioritization
(a) Prioritization of hurricane and storm damage risk reduction efforts
(1) Priority
For authorized projects and ongoing feasibility studies with a primary purpose of hurricane and
storm damage risk reduction, the Secretary shall give funding priority to projects and ongoing
studies that—
(A) address an imminent threat to life and property;
(B) prevent storm surge from inundating populated areas;
(C) restore or prevent the loss of coastal wetlands that help reduce the impact of storm surge;
(D) protect emergency hurricane evacuation routes or shelters;
(E) prevent adverse impacts to publicly owned or funded infrastructure and assets;
(F) minimize disaster relief costs to the Federal Government; and
(G) address hurricane and storm damage risk reduction in an area for which the President
declared a major disaster in accordance with section 5170 of title 42.
(2) Expedited consideration of currently authorized projects
Not later than 180 days after December 16, 2016, the Secretary shall—
(A) submit to the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of Representatives a list of all—
(i) ongoing hurricane and storm damage reduction feasibility studies that have signed
feasibility cost-share agreements and have received Federal funds since 2009; and
(ii) authorized hurricane and storm damage reduction projects;
(B) identify those projects on the list required under subparagraph (A) that meet the criteria
described in paragraph (1); and
(C) provide a plan for expeditiously completing the projects identified under subparagraph
(B), subject to available funding.
(b) Prioritization of ecosystem restoration efforts
(1) In general
For authorized projects with a primary purpose of ecosystem restoration, the Secretary shall
give funding priority to projects—
(A) that—
(i) address an identified threat to public health, safety, or welfare;
(ii) preserve or restore ecosystems of national significance; or
(iii) preserve or restore habitats of importance for federally protected species, including
migratory birds; and
(B) for which the restoration activities will contribute to other ongoing or planned Federal,
State, or local restoration initiatives.
(2) Expedited consideration of currently authorized programmatic authorities
Not later than 180 days after December 16, 2016, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that contains—
(A) a list of all programmatic authorities for aquatic ecosystem restoration or improvement of
the environment that—
(i) were authorized or modified in the Water Resources Development Act of 2007 (Public
Law 110–114; 121 Stat. 1041) or any subsequent Act; and
(ii) that meet the criteria described in paragraph (1); and
(B) a plan for expeditiously completing the projects under the authorities described in
subparagraph (A), subject to available funding.
(Pub. L. 113–121, title I, §1011, June 10, 2014, 128 Stat. 1217; Pub. L. 114–322, title I, §1322(a),
Dec. 16, 2016, 130 Stat. 1706.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Water Resources Development Act of 2007, referred to in subsec. (b)(2)(A)(i), is Pub. L. 110–114,
Nov. 8, 2007, 121 Stat. 1041. For complete classificaton of this Act to the Code, see Tables.
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2016—Subsec. (a)(1)(C). Pub. L. 114–322, §1322(a)(1)(A), inserted "restore or" before "prevent the loss".
Subsec. (a)(2). Pub. L. 114–322, §1322(a)(1)(B)(i), substituted "December 16, 2016" for "June 10, 2014" in
introductory provisions.
Subsec. (a)(2)(A)(ii). Pub. L. 114–322, §1322(a)(1)(B)(ii), struck out before semicolon at end "that—
"(I) have been authorized for more than 20 years but are less than 75 percent complete; or
"(II) are undergoing a post-authorization change report, general reevaluation report, or limited
reevaluation report".
Subsec. (b). Pub. L. 114–322, §1322(a)(2), designated existing provisions as par. (1) and inserted heading,
redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), redesignated former
subpars. (A) to (C) of former par. (1) as cls. (i) to (iii), respectively, of subpar. (A) of par. (1), and added par.
(2).
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water
Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
(2) the demographics of the location in which the project is to be carried out, including whether
the project serves—
(A) a rural community; or
(B) an economically disadvantaged community, including an economically disadvantaged
minority community;
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2016—Pub. L. 114–322 amended section generally. Prior to amendment, section related to access to water
resource data.
(C) if the project study does not include an environmental impact statement and is a project
study pursued under section 701s of this title, section 701g of this title, section 701r of this title,
section 577(a) of this title, section 426g of this title, section 426i of this title, section 603a of
this title, section 2309a of this title, or section 2330 of this title.
(6) Determination of total cost
For purposes of determining the estimated total cost of a project under paragraph (3)(A), the
total cost shall be based upon the reasonable estimates of the Chief of Engineers at the completion
of the reconnaissance study for the project. If the reasonable estimate of total costs is subsequently
determined to be in excess of the amount in paragraph (3)(A), the Chief of Engineers shall make a
determination whether a project study is required to be reviewed under this section.
(b) Timing of peer review
(1) In general
The Chief of Engineers shall determine the timing of a peer review of a project study under
subsection (a). In all cases, the peer review shall occur during the period beginning on the date of
the signing of the feasibility cost-sharing agreement for the study and ending on the date
established under subsection (e)(1)(A) for the peer review and shall be accomplished concurrent
with the conducting of the project study.
(2) Factors to consider
In any case in which the Chief of Engineers has not initiated a peer review of a project study,
the Chief of Engineers shall consider, at a minimum, whether to initiate a peer review at the time
that—
(A) the without-project conditions are identified;
(B) the array of alternatives to be considered are identified; and
(C) the preferred alternative is identified.
(3) Reasons for timing
If the Chief of Engineers does not initiate a peer review for a project study at a time described in
paragraph (2), the Chief shall—
(A) not later than 7 days after the date on which the Chief of Engineers determines not to
initiate a peer review—
(i) notify the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of Representatives of that
decision; and
(ii) make publicly available, including on the Internet, the reasons for not conducting the
review; and
(B) include the reasons for not conducting the review in the decision document for the project
study.
(4) Limitation on multiple peer review
Nothing in this subsection shall be construed to require the Chief of Engineers to conduct
multiple peer reviews for a project study.
(c) Establishment of panels
(1) In general
For each project study subject to peer review under subsection (a), as soon as practicable after
the Chief of Engineers determines that a project study will be subject to peer review, the Chief of
Engineers shall contract with the National Academy of Sciences or a similar independent scientific
and technical advisory organization or an eligible organization to establish a panel of experts to
conduct a peer review for the project study.
(2) Membership
A panel of experts established for a project study under this section shall be composed of
independent experts who represent a balance of areas of expertise suitable for the review being
conducted.
(3) Limitation on appointments
The National Academy of Sciences or any other organization the Chief of Engineers contracts
with under paragraph (1) to establish a panel of experts shall apply the National Academy of
Science's policy for selecting committee members to ensure that members selected for the panel of
experts have no conflict with the project being reviewed.
(4) Congressional and public notification
Following the identification of a project study for peer review under this section, but prior to
initiation of the review by the panel of experts, the Chief of Engineers shall, not later than 7 days
after the date on which the Chief of Engineers determines to conduct a review—
(A) notify the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of Representatives of the review
conducted under this section; and
(B) make publicly available, including on the Internet, information on—
(i) the dates scheduled for beginning and ending the review;
(ii) the entity that has the contract for the review; and
(iii) the names and qualifications of the panel of experts.
(d) Duties of panels
A panel of experts established for a peer review for a project study under this section shall—
(1) conduct the peer review for the project study;
(2) assess the adequacy and acceptability of the economic, engineering, and environmental
methods, models, and analyses used by the Chief of Engineers;
(3) receive from the Chief of Engineers the public written and oral comments provided to the
Chief of Engineers;
(4) provide timely written and oral comments to the Chief of Engineers throughout the
development of the project study, as requested; and
(5) submit to the Chief of Engineers a final report containing the panel's economic, engineering,
and environmental analysis of the project study, including the panel's assessment of the adequacy
and acceptability of the economic, engineering, and environmental methods, models, and analyses
used by the Chief of Engineers, to accompany the publication of the report of the Chief of
Engineers for the project.
(e) Duration of project study peer reviews
(1) Deadline
A panel of experts established under this section shall—
(A) complete its peer review under this section for a project study and submit a report to the
Chief of Engineers under subsection (d)(5) not more than 60 days after the last day of the public
comment period for the draft project study, or, if the Chief of Engineers determines that a
longer period of time is necessary, such period of time determined necessary by the Chief of
Engineers; and
(B) terminate on the date of initiation of the State and agency review required by section
701–1 of this title.
(2) Failure to meet deadline
If a panel of experts does not complete its peer review of a project study under this section and
submit a report to the Chief of Engineers under subsection (d)(5) on or before the deadline
established by paragraph (1) for the peer review, the Chief of Engineers shall complete the project
study without delay.
(f) Recommendations of panel
(1) Consideration by the Chief of Engineers
After receiving a report on a project study from a panel of experts under this section and before
entering a final record of decision for the project, the Chief of Engineers shall consider any
recommendations contained in the report and prepare a written response for any recommendations
adopted or not adopted.
(2) Public availability and submission to Congress
After receiving a report on a project study from a panel of experts under this section, the Chief
of Engineers shall make available to the public, including on the Internet, and submit to the
Committee on Environment and Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives—
(A) a copy of the report not later than 7 days after the date on which the report is delivered to
the Chief of Engineers; and
(B) a copy of any written response of the Chief of Engineers on recommendations contained
in the report not later than 3 days after the date on which the response is delivered to the Chief
of Engineers.
(3) Inclusion in project study
A report on a project study from a panel of experts under this section and the written response
of the Chief of Engineers shall be included in the final decision document for the project study.
(g) Costs
(1) In general
The costs of a panel of experts established for a peer review under this section—
(A) shall be a Federal expense; and
(B) shall not exceed $500,000.
(2) Waiver
The Chief of Engineers may waive the $500,000 limitation contained in paragraph (1)(B) in
cases that the Chief of Engineers determines appropriate.
(h) Applicability
This section shall apply to—
(1) project studies initiated during the 2-year period preceding November 8, 2007, and for
which the array of alternatives to be considered has not been identified; and
(2) project studies initiated during the period beginning on November 8, 2007, and ending 17
years after November 8, 2007.
(i) Reports
(1) Initial report
Not later than 3 years after November 8, 2007, the Chief of Engineers shall submit to the
Committee on Environment and Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on the implementation of this section.
(2) Additional report
Not later than 6 years after November 8, 2007, the Chief of Engineers shall update the report
under paragraph (1) taking into account any further information on implementation of this section
and submit such updated report to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the House of Representatives.
(j) Nonapplicability of FACA
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a peer review panel
established under this section.
(k) Savings clause
Nothing in this section shall be construed to affect any authority of the Chief of Engineers to cause
or conduct a peer review of a water resources project existing on November 8, 2007.
(l) Definitions
In this section, the following definitions apply:
(1) Project study
The term "project study" means—
(A) a feasibility study or reevaluation study for a water resources project, including the
environmental impact statement prepared for the study; and
(B) any other study associated with a modification of a water resources project that includes
an environmental impact statement, including the environmental impact statement prepared for
the study.
(2) Affected State
The term "affected State", as used with respect to a water resources project, means a State all or
a portion of which is within the drainage basin in which the project is or would be located and
would be economically or environmentally affected as a consequence of the project.
(3) Eligible organization
The term "eligible organization" means an organization that—
(A) is described in section 501(c)(3), and exempt from Federal tax under section 501(a), of
title 26;
(B) is independent;
(C) is free from conflicts of interest;
(D) does not carry out or advocate for or against Federal water resources projects; and
(E) has experience in establishing and administering peer review panels.
(4) Total cost
The term "total cost", as used with respect to a water resources project, means the cost of
construction (including planning and designing) of the project. In the case of a project for
hurricane and storm damage reduction or flood damage reduction that includes periodic
nourishment over the life of the project, the term includes the total cost of the nourishment.
(Pub. L. 110–114, title II, §2034, Nov. 8, 2007, 121 Stat. 1086; Pub. L. 113–121, title I, §1044, June
10, 2014, 128 Stat. 1250; Pub. L. 115–270, title I, §1141, Oct. 23, 2018, 132 Stat. 3785.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Endangered Species Act of 1973, referred to in subsec. (a)(5)(A)(iv), is Pub. L. 93–205, Dec. 28, 1973,
87 Stat. 884, which is classified principally to chapter 35 (§1531 et seq.) of Title 16, Conservation. For
complete classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and
Tables.
The Federal Advisory Committee Act, referred to in subsec. (j), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat.
770, which is set out in the Appendix to Title 5, Government Organization and Employees.
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2018—Subsec. (h)(2). Pub. L. 115–270 substituted "17 years" for "12 years".
2014—Subsec. (a)(3)(A)(i). Pub. L. 113–121, §1044(a), substituted "$200,000,000" for "$45,000,000".
Subsec. (b)(3), (4). Pub. L. 113–121, §1044(b), added par. (3) and redesignated former par. (3) as (4).
Subsec. (c)(4). Pub. L. 113–121, §1044(c), added par. (4) and struck out former par. (4). Prior to
amendment, text read as follows: "Upon identification of a project study for peer review under this section,
but prior to initiation of the review, the Chief of Engineers shall notify the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of
Representatives of the review."
Subsec. (f)(2), (3). Pub. L. 113–121, §1044(d), added pars. (2) and (3) and struck out former par. (2) which
related to public availability and transmittal to Congress of a report on a project study from a panel of experts
under this section.
Subsec. (h)(2). Pub. L. 113–121, §1044(e), substituted "12 years" for "7 years".
EDITORIAL NOTES
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in subsec. (g), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat.
770, which is set out in the Appendix to Title 5, Government Organization and Employees.
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2014—Subsec. (g). Pub. L. 113–121 added subsec. (g).
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2016—Pub. L. 114–322 amended section generally. Prior to amendment, section related to electronic
submission of permit applications.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2016—Subsec. (b)(1). Pub. L. 114–322 inserted "final post-authorization change report," after "final
reevaluation report,".
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsec. (a)(2), is Pub. L. 91–190, Jan. 1,
1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section
4321 of Title 42 and Tables.
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the
America's Water Infrastructure Act of 2018, and not as part of the Water Resources Development Act of 1986
which comprises this chapter.
(4) be—
(A) economically justified, environmentally acceptable, and technically feasible; or
(B) in the case of a project providing ecological benefits, cost-effective with respect to such
benefits.
(c) Scope
In carrying out the program under this section, the Secretary shall give preference to a small water
storage project located in a State with a population of less than 1,000,000.
(d) Expedited projects
For the 10-year period beginning on December 27, 2020, the Secretary shall expedite small water
storage projects under this section for which applicable Federal permitting requirements have been
completed.
(e) Use of data
In conducting a study under this section, to the maximum extent practicable, the Secretary shall—
(1) as the Secretary determines appropriate, consider and utilize any applicable hydrologic,
economic, or environmental data that is prepared for a small water storage project under State law
as the documentation, or part of the documentation, required to complete State water plans or
other State planning documents relating to water resources management; and
(2) consider information developed by the non-Federal interest in relation to another study, to
the extent the Secretary determines such information is applicable, appropriate, or otherwise
authorized by law.
(f) Cost share
(1) Study
The Federal share of the cost of a study conducted under this section shall be—
(A) 100 percent for costs not to exceed $100,000; and
(B) 50 percent for any costs above $100,000.
(2) Construction
A small water storage project carried out under this section shall be subject to the cost-sharing
requirements applicable to projects under section 2213 of this title, including—
(A) municipal and industrial water supply: 100 percent non-Federal;
(B) agricultural water supply: 35 percent non-Federal; and
(C) recreation, including recreational navigation: 50 percent of separable costs and, in the
case of any harbor or inland harbor or channel project, 50 percent of joint and separable costs
allocated to recreational navigation.
(g) OMRRR responsibility
The costs of operation, maintenance, repair, and replacement and rehabilitation for a small water
storage project constructed under this section shall be the responsibility of the non-Federal interest.
(h) Individual project limit
Not more than $65,000,000 in Federal funds may be made available to a small water storage
project under this section.
(i) Authorization of appropriations
There is authorized to be appropriated to carry out this section $130,000,000 annually through
fiscal year 2030.
(Pub. L. 116–260, div. AA, title I, §155, Dec. 27, 2020, 134 Stat. 2660.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
(III) the Secretary approves and adopts the document before the Secretary takes any
subsequent action or makes any approval based on that document, regardless of whether
the action or approval of the Secretary results in Federal funding.
(2) Duties
The Secretary shall ensure that—
(A) the project sponsor complies with all design and mitigation commitments made jointly by
the Secretary and the project sponsor in any environmental document prepared by the project
sponsor in accordance with this subsection; and
(B) any environmental document prepared by the project sponsor is appropriately
supplemented to address any changes to the project the Secretary determines are necessary.
(3) Adoption and use of documents
Any environmental document prepared in accordance with this subsection shall be adopted and
used by any Federal agency making any determination related to the project study to the same
extent that the Federal agency could adopt or use a document prepared by another Federal agency
under—
(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor
regulations).
(4) Roles and responsibility of lead agency
With respect to the environmental review process for any project study, the Federal lead agency
shall have authority and responsibility—
(A) to take such actions as are necessary and proper and within the authority of the Federal
lead agency to facilitate the expeditious resolution of the environmental review process for the
project study; and
(B) to prepare or ensure that any required environmental impact statement or other
environmental review document for a project study required to be completed under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is completed in accordance with this
section and applicable Federal law.
(e) Participating and cooperating agencies
(1) Identification of jurisdictional agencies
With respect to carrying out the environmental review process for a project study, the Secretary
shall identify, as early as practicable in the environmental review process, all Federal, State, and
local government agencies and Indian tribes that may—
(A) have jurisdiction over the project;
(B) be required by law to conduct or issue a review, analysis, opinion, or statement for the
project study; or
(C) be required to make a determination on issuing a permit, license, or other approval or
decision for the project study.
(2) State authority
If the environmental review process is being implemented by the Secretary for a project study
within the boundaries of a State, the State, consistent with State law, may choose to participate in
the process and to make subject to the process all State agencies that—
(A) have jurisdiction over the project;
(B) are required to conduct or issue a review, analysis, opinion, or statement for the project
study; or
(C) are required to make a determination on issuing a permit, license, or other approval or
decision for the project study.
(3) Invitation
(A) In general
The Federal lead agency shall invite, as early as practicable in the environmental review
process, any agency identified under paragraph (1) to become a participating or cooperating
agency, as applicable, in the environmental review process for the project study.
(B) Deadline
An invitation to participate issued under subparagraph (A) shall set a deadline by which a
response to the invitation shall be submitted, which may be extended by the Federal lead agency
for good cause.
(4) Procedures
Section 1501.6 of title 40, Code of Federal Regulations (as in effect on June 10, 2014) shall
govern the identification and the participation of a cooperating agency.
(5) Federal cooperating agencies
Any Federal agency that is invited by the Federal lead agency to participate in the
environmental review process for a project study shall be designated as a cooperating agency by
the Federal lead agency unless the invited agency informs the Federal lead agency, in writing, by
the deadline specified in the invitation that the invited agency—
(A)(i)(I) has no jurisdiction or authority with respect to the project;
(II) has no expertise or information relevant to the project; or
(III) does not have adequate funds to participate in the project; and
(ii) does not intend to submit comments on the project; or
(B) does not intend to submit comments on the project.
(6) Administration
A participating or cooperating agency shall comply with this section and any schedule
established under this section.
(7) Effect of designation
Designation as a participating or cooperating agency under this subsection shall not imply that
the participating or cooperating agency—
(A) supports a proposed project; or
(B) has any jurisdiction over, or special expertise with respect to evaluation of, the project.
(8) Concurrent reviews
Each participating or cooperating agency shall—
(A) carry out the obligations of that agency under other applicable law concurrently and in
conjunction with the required environmental review process, unless doing so would prevent the
participating or cooperating agency from conducting needed analysis or otherwise carrying out
those obligations; and
(B) formulate and implement administrative, policy, and procedural mechanisms to enable
the agency to ensure completion of the environmental review process in a timely, coordinated,
and environmentally responsible manner.
(f) Programmatic compliance
(1) In general
The Secretary shall issue guidance regarding the use of programmatic approaches to carry out
the environmental review process that—
(A) eliminates repetitive discussions of the same issues;
(B) focuses on the actual issues ripe for analyses at each level of review;
(C) establishes a formal process for coordinating with participating and cooperating agencies,
including the creation of a list of all data that is needed to carry out an environmental review
process; and
(D) complies with—
(i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(ii) all other applicable laws.
(2) Requirements
In carrying out paragraph (1), the Secretary shall—
(A) as the first step in drafting guidance under that paragraph, consult with relevant Federal,
State, and local governmental agencies, Indian tribes, and the public on the appropriate use and
scope of the programmatic approaches;
(B) emphasize the importance of collaboration among relevant Federal, State, and local
governmental agencies, and Indian tribes in undertaking programmatic reviews, especially with
respect to including reviews with a broad geographical scope;
(C) ensure that the programmatic reviews—
(i) promote transparency, including of the analyses and data used in the environmental
review process, the treatment of any deferred issues raised by Federal, State, and local
governmental agencies, Indian tribes, or the public, and the temporal and special scales to be
used to analyze those issues;
(ii) use accurate and timely information in the environmental review process, including—
(I) criteria for determining the general duration of the usefulness of the review; and
(II) the timeline for updating any out-of-date review;
(iii) describe—
(I) the relationship between programmatic analysis and future tiered analysis; and
(II) the role of the public in the creation of future tiered analysis; and
(iv) are available to other relevant Federal, State, and local governmental agencies, Indian
tribes, and the public;
(D) allow not fewer than 60 days of public notice and comment on any proposed guidance;
and
(E) address any comments received under subparagraph (D).
(g) Coordinated reviews
(1) Coordination plan
(A) Establishment
(i) In general
The Federal lead agency shall, after consultation with and with the concurrence of each
participating and cooperating agency and the project sponsor or joint lead agency, as
applicable, establish a plan for coordinating public and agency participation in, and comment
on, the environmental review process for a project study or a category of project studies.
(ii) Incorporation
The plan established under clause (i) shall be incorporated into the project schedule
milestones set under section 2282(g)(2) of this title.
(B) Schedule
(i) In general
As soon as practicable but not later than 45 days after the close of the public comment
period on a draft environmental impact statement, the Federal lead agency, after consultation
with and the concurrence of each participating and cooperating agency and the project
sponsor or joint lead agency, as applicable, shall establish, as part of the coordination plan
established in subparagraph (A), a schedule for completion of the environmental review
process for the project study.
(ii) Factors for consideration
In establishing a schedule, the Secretary shall consider factors such as—
(I) the responsibilities of participating and cooperating agencies under applicable laws;
(II) the resources available to the project sponsor, joint lead agency, and other relevant
Federal and State agencies, as applicable;
(III) the overall size and complexity of the project;
(IV) the overall schedule for and cost of the project; and
(V) the sensitivity of the natural and historical resources that could be affected by the
project.
(iii) Modifications
The Secretary may—
(I) lengthen a schedule established under clause (i) for good cause; and
(II) shorten a schedule only with concurrence of the affected participating and
cooperating agencies and the project sponsor or joint lead agency, as applicable.
(iv) Dissemination
A copy of a schedule established under clause (i) shall be—
(I) provided to each participating and cooperating agency and the project sponsor or
joint lead agency, as applicable; and
(II) made available to the public.
(2) Comment deadlines
The Federal lead agency shall establish the following deadlines for comment during the
environmental review process for a project study:
(A) Draft environmental impact statements
For comments by Federal and States 1 agencies and the public on a draft environmental
impact statement, a period of not more than 60 days after publication in the Federal Register of
notice of the date of public availability of the draft environmental impact statement, unless—
(i) a different deadline is established by agreement of the Federal lead agency, the project
sponsor or joint lead agency, as applicable, and all participating and cooperating agencies; or
(ii) the deadline is extended by the Federal lead agency for good cause.
(B) Other environmental review processes
For all other comment periods established by the Federal lead agency for agency or public
comments in the environmental review process, a period of not more than 30 days after the date
on which the materials on which comment is requested are made available, unless—
(i) a different deadline is established by agreement of the Federal lead agency, the project
sponsor, or joint lead agency, as applicable, and all participating and cooperating agencies; or
(ii) the deadline is extended by the Federal lead agency for good cause.
(3) Deadlines for decisions under other laws
In any case in which a decision under any Federal law relating to a project study, including the
issuance or denial of a permit or license, is required to be made by the date described in subsection
(h)(5)(B)(ii), the Secretary shall submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure of the House of
Representatives—
(A) as soon as practicable after the 180-day period described in subsection (h)(5)(B)(ii), an
initial notice of the failure of the Federal agency to make the decision; and
(B) every 60 days thereafter until such date as all decisions of the Federal agency relating to
the project study have been made by the Federal agency, an additional notice that describes the
number of decisions of the Federal agency that remain outstanding as of the date of the
additional notice.
(4) Involvement of the public
Nothing in this subsection reduces any time period provided for public comment in the
environmental review process under applicable Federal law (including regulations).
(5) Transparency reporting
(A) Reporting requirements
Not later than 1 year after June 10, 2014, the Secretary shall establish and maintain an
electronic database and, in coordination with other Federal and State agencies, issue reporting
requirements to make publicly available the status and progress with respect to compliance with
applicable requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et.
seq.) and any other Federal, State, or local approval or action required for a project study for
which this section is applicable.
(B) Project study transparency
Consistent with the requirements established under subparagraph (A), the Secretary shall
publish the status and progress of any Federal, State, or local decision, action, or approval
required under applicable laws for each project study for which this section is applicable.
(h) Issue identification and resolution
(1) Cooperation
The Federal lead agency, the cooperating agencies, and any participating agencies shall work
cooperatively in accordance with this section to identify and resolve issues that could delay
completion of the environmental review process or result in the denial of any approval required for
the project study under applicable laws.
(2) Federal lead agency responsibilities
(A) In general
The Federal lead agency shall make information available to the cooperating agencies and
participating agencies as early as practicable in the environmental review process regarding the
environmental and socioeconomic resources located within the project area and the general
locations of the alternatives under consideration.
(B) Data sources
The information under subparagraph (A) may be based on existing data sources, including
geographic information systems mapping.
(3) Cooperating and participating agency responsibilities
Based on information received from the Federal lead agency, cooperating and participating
agencies shall identify, as early as practicable, any issues of concern regarding the potential
environmental or socioeconomic impacts of the project, including any issues that could
substantially delay or prevent an agency from granting a permit or other approval that is needed
for the project study.
(4) Accelerated issue resolution and elevation
(A) In general
On the request of a participating or cooperating agency or project sponsor, the Secretary shall
convene an issue resolution meeting with the relevant participating and cooperating agencies
and the project sponsor or joint lead agency, as applicable, to resolve issues that may—
(i) delay completion of the environmental review process; or
(ii) result in denial of any approval required for the project study under applicable laws.
(B) Meeting date
A meeting requested under this paragraph shall be held not later than 21 days after the date
on which the Secretary receives the request for the meeting, unless the Secretary determines that
there is good cause to extend that deadline.
(C) Notification
On receipt of a request for a meeting under this paragraph, the Secretary shall notify all
relevant participating and cooperating agencies of the request, including the issue to be resolved
and the date for the meeting.
(D) Elevation of issue resolution
If a resolution cannot be achieved within the 30 day-period beginning on the date of a
meeting under this paragraph and a determination is made by the Secretary that all information
necessary to resolve the issue has been obtained, the Secretary shall forward the dispute to the
heads of the relevant agencies for resolution.
(E) Convention by Secretary
The Secretary may convene an issue resolution meeting under this paragraph at any time, at
the discretion of the Secretary, regardless of whether a meeting is requested under subparagraph
(A).
(5) Financial penalty provisions
(A) In general
A Federal jurisdictional agency shall complete any required approval or decision for the
environmental review process on an expeditious basis using the shortest existing applicable
process.
(B) Failure to decide
(i) In general
If a Federal jurisdictional agency fails to render a decision required under any Federal law
relating to a project study that requires the preparation of an environmental impact statement
or environmental assessment, including the issuance or denial of a permit, license, statement,
opinion, or other approval by the date described in clause (ii), the amount of funds made
available to support the office of the head of the Federal jurisdictional agency shall be
reduced by an amount of funding equal to the amounts specified in subclause (I) or (II) and
those funds shall be made available to the division of the Federal jurisdictional agency
charged with rendering the decision by not later than 1 day after the applicable date under
clause (ii), and once each week thereafter until a final decision is rendered, subject to
subparagraph (C)—
(I) $20,000 for any project study requiring the preparation of an environmental
assessment or environmental impact statement; or
(II) $10,000 for any project study requiring any type of review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) other than an environmental
assessment or environmental impact statement.
(2) the reviewability of any final Federal agency action in a court of the United States or in the
court of any State;
(3) any requirement for seeking, considering, or responding to public comment; or
(4) any power, jurisdiction, responsibility, duty, or authority that a Federal, State, or local
governmental agency, Indian tribe, or project sponsor has with respect to carrying out a project or
any other provision of law applicable to projects.
(k) Timing of claims
(1) Timing
(A) In general
Notwithstanding any other provision of law, a claim arising under Federal law seeking
judicial review of a permit, license, or other approval issued by a Federal agency for a project
study shall be barred unless the claim is filed not later than 3 years after publication of a notice
in the Federal Register announcing that the permit, license, or other approval is final pursuant to
the law under which the agency action is taken, unless a shorter time is specified in the Federal
law that allows judicial review.
(B) Applicability
Nothing in this subsection creates a right to judicial review or places any limit on filing a
claim that a person has violated the terms of a permit, license, or other approval.
(2) New information
(A) In general
The Secretary shall consider new information received after the close of a comment period if
the information satisfies the requirements for a supplemental environmental impact statement
under title 40, Code of Federal Regulations (including successor regulations).
(B) Separate action
The preparation of a supplemental environmental impact statement or other environmental
document, if required under this section, shall be considered a separate final agency action and
the deadline for filing a claim for judicial review of the action shall be 3 years after the date of
publication of a notice in the Federal Register announcing the action relating to such
supplemental environmental impact statement or other environmental document.
(l) Categorical exclusions
(1) In general
Not later than 180 days after June 10, 2014, the Secretary shall—
(A) survey the use by the Corps of Engineers of categorical exclusions in projects since 2005;
(B) publish a review of the survey that includes a description of—
(i) the types of actions that were categorically excluded or could be the basis for
developing a new categorical exclusion; and
(ii) any requests previously received by the Secretary for new categorical exclusions; and
(C) solicit requests from other Federal agencies and project sponsors for new categorical
exclusions.
(2) New categorical exclusions
Not later than 1 year after June 10, 2014, if the Secretary has identified a category of activities
that merit establishing a categorical exclusion that did not exist on the day before June 10, 2014,
based on the review under paragraph (1), the Secretary shall publish a notice of proposed
rulemaking to propose that new categorical exclusion, to the extent that the categorical exclusion
meets the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal
Regulations (or successor regulation).
(m) Review of project acceleration reforms
(1) In general
The Comptroller General of the United States shall—
(A) assess the reforms carried out under this section; and
(B) not later than 5 years and not later than 10 years after June 10, 2014, submit to the
Committee on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report that describes the
results of the assessment.
(2) Contents
The reports under paragraph (1) shall include an evaluation of impacts of the reforms carried
out under this section on—
(A) project delivery;
(B) compliance with environmental laws; and
(C) the environmental impact of projects.
(n) Performance measurement
The Secretary shall establish a program to measure and report on progress made toward improving
and expediting the planning and environmental review process.
(o) Implementation guidance
The Secretary shall prepare, in consultation with the Council on Environmental Quality and other
Federal agencies with jurisdiction over actions or resources that may be impacted by a project,
guidance documents that describe the coordinated environmental review processes that the Secretary
intends to use to implement this section for the planning of projects, in accordance with the civil
works program of the Corps of Engineers and all applicable law.
(Pub. L. 110–114, title II, §2045, Nov. 8, 2007, 121 Stat. 1103; Pub. L. 113–121, title I, §1005(a)(1),
June 10, 2014, 128 Stat. 1199.)
EDITORIAL NOTES
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in subsecs. (a)(1), (2), (b)(1), (d)(1), (3)(A),
(4)(B), (f)(1)(D)(i), (g)(5)(A), (h)(5)(B), and (j)(1)(A), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is
classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
The Water Resources Reform and Development Act of 2014, referred to in subsec. (h)(5)(C)(iii), is Pub. L.
113–121, June 10, 2014, 128 Stat. 1193. For complete classification of this Act to the Code, see Short Title of
2014 Amendment note set out under section 2201 of this title and Tables.
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2014—Pub. L. 113–121 amended section generally. Prior to amendment, section related to project
streamlining.
STATUTORY NOTES AND RELATED SUBSIDIARIES
"SECRETARY" DEFINED
Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section
2201 of this title.
EDITORIAL NOTES
REFERENCES IN TEXT
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in text, is Pub. L.
93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out
under section 5121 of Title 42 and Tables.
This section, referred to in par. (1), means section 1005 of title I of Pub. L. 113–121, which amended this
section and section 2348 of this title.
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
(3) use certified coating application specialists and cathodic protection technicians and
engineers;
(4) use best practices in environmental protection to prevent environmental degradation and to
ensure careful handling of all hazardous materials;
(5) demonstrate a history of employing industry-certified inspectors to ensure adherence to best
practices and standards; and
(6) demonstrate a history of compliance with applicable requirements of the Occupational
Safety and Health Administration.
(c) Corrosion prevention activities defined
In this section, the term "corrosion prevention activities" means—
(1) the application and inspection of protective coatings for complex work involving steel and
cementitious structures, including structures that will be exposed in immersion;
(2) the installation, testing, and inspection of cathodic protection systems; and
(3) any other activities related to corrosion prevention the Secretary determines appropriate.
(d) Report
In the first annual report submitted to Congress after December 16, 2016, in accordance with
section 556 of this title, and section 2295(b) of this title, the Secretary shall report on the corrosion
prevention activities encouraged under this section, including—
(1) a description of the actions the Secretary has taken to implement this section; and
(2) a description of the projects utilizing corrosion prevention activities, including which
activities were undertaken.
(Pub. L. 113–121, title I, §1033, June 10, 2014, 128 Stat. 1233; Pub. L. 114–322, title I, §1142, Dec.
16, 2016, 130 Stat. 1658.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
AMENDMENTS
2016—Subsec. (d). Pub. L. 114–322 added subsec. (d).
(2) reduce the magnitude or duration of a disruptive event to a water resources infrastructure
project; and
(3) have the absorptive capacity, adaptive capacity, and recoverability to withstand a potentially
disruptive event.
(Pub. L. 113–121, title III, §3022, June 10, 2014, 128 Stat. 1301.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part
of the Water Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the
America's Water Infrastructure Act of 2018, and not as part of the Water Resources Development Act of 1986
which comprises this chapter.
(B) utilize the same procedures for decisions that would otherwise be required for the
evaluation of permits for similar projects or activities not carried out using funds authorized
under this section.
(c) Limitation on use of funds
None of the funds accepted under this section shall be used to carry out a review of the evaluation
of permits required under subsection (b)(2)(A).
(d) Public availability
(1) In general
The Secretary shall ensure that all final permit decisions carried out using funds authorized
under this section are made available to the public in a common format, including on the Internet,
and in a manner that distinguishes final permit decisions under this section from other final actions
of the Secretary.
(2) Decision document
The Secretary shall—
(A) use a standard decision document for evaluating all permits using funds accepted under
this section; and
(B) make the standard decision document, along with all final permit decisions, available to
the public, including on the Internet.
(3) Agreements
The Secretary shall make all active agreements to accept funds under this section available on a
single public Internet site.
(e) Reporting
(1) In general
The Secretary shall prepare an annual report on the implementation of this section, which, at a
minimum, shall include for each district of the Corps of Engineers that accepts funds under this
section—
(A) a comprehensive list of any funds accepted under this section during the previous fiscal
year;
(B) a comprehensive list of the permits reviewed and approved using funds accepted under
this section during the previous fiscal year, including a description of the size and type of
resources impacted and the mitigation required for each permit; and
(C) a description of the training offered in the previous fiscal year for employees that is
funded in whole or in part with funds accepted under this section.
(2) Submission
Not later than 90 days after the end of each fiscal year, the Secretary shall—
(A) submit to the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of Representatives the annual
report described in paragraph (1); and
(B) make each report received under subparagraph (A) available on a single publicly
accessible Internet site.
(Pub. L. 106–541, title II, §214, Dec. 11, 2000, 114 Stat. 2594; Pub. L. 108–137, title I, §114, Dec. 1,
2003, 117 Stat. 1836; Pub. L. 109–99, §1, Nov. 11, 2005, 119 Stat. 2169; Pub. L. 109–209, §1, Mar.
24, 2006, 120 Stat. 318; Pub. L. 109–434, §1, Dec. 20, 2006, 120 Stat. 3197; Pub. L. 110–114, title
II, §2002, Nov. 8, 2007, 121 Stat. 1067; Pub. L. 111–120, §1, Dec. 22, 2009, 123 Stat. 3478; Pub. L.
111–315, §1, Dec. 18, 2010, 124 Stat. 3450; Pub. L. 113–121, title I, §1006, June 10, 2014, 128 Stat.
1212; Pub. L. 114–322, title I, §1125, Dec. 16, 2016, 130 Stat. 1648; Pub. L. 115–270, title I, §1145,
Oct. 23, 2018, 132 Stat. 3785.)
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2000, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
Section was formerly classified as a note under section 2201 of this title.
AMENDMENTS
2018—Subsec. (a)(3). Pub. L. 115–270, §1145(1), redesignated par. (4) as (3) and struck out former par. (3)
which read as follows: "The authority provided under paragraph (2) to a public-utility company, natural gas
company, or railroad carrier shall expire on the date that is 10 years after June 10, 2014."
Subsec. (a)(4), (5). Pub. L. 115–270 redesignated par. (5) as (4) and substituted "December 31, 2022" for "4
years after June 10, 2014" and "carry out a followup study" for "carry out a study".
2016—Subsec. (a)(1)(C). Pub. L. 114–322, §1125(1), added subpar. (C).
Subsec. (a)(2). Pub. L. 114–322, §1125(2), substituted ", natural gas company, or railroad carrier" for "or
natural gas company" and ", company, or carrier" for "or company".
Subsec. (a)(3). Pub. L. 114–322, §1125(3), substituted ", natural gas company, or railroad carrier" for "or
natural gas company" and "10 years" for "7 years".
Subsec. (a)(5). Pub. L. 114–322, §1125(4), substituted ", natural gas companies, and railroad carriers,
including an evaluation of the compliance with the requirements of this section and, with respect to a permit
for those entities, the requirements of applicable Federal laws" for "and natural gas companies".
2014—Subsec. (a)(1), (2). Pub. L. 113–121, §1006(1)(A), (B), substituted "Funding to process permits" for
"In general" in subsec. heading, added par. (1), redesignated text of subsec. (a) as par. (2), inserted heading,
and inserted "or a public-utility company or natural gas company" after "non-Federal public entity" and "or
company" after "that entity".
Subsec. (a)(3) to (5). Pub. L. 113–121, §1006(1)(C), added pars. (3) to (5).
Subsecs. (d), (e). Pub. L. 113–121, §1006(2), added subsecs. (d) and (e) and struck out former subsecs. (d)
and (e) which read as follows:
"(d) PUBLIC AVAILABILITY.—The Secretary shall ensure that all final permit decisions carried out
using funds authorized under this section are made available to the public, including on the Internet.
"(e) DURATION OF AUTHORITY.—The authority provided under this section shall be in effect from
October 1, 2000, through December 31, 2016."
2010—Subsec. (a). Pub. L. 111–315, §1(1), added subsec. (a) and struck out former subsec. (a). Prior to
amendment, text read as follows: "The Secretary, after public notice, may accept and expend funds
contributed by non-Federal public entities to expedite the evaluation of permits under the jurisdiction of the
Department of the Army."
Subsec. (b). Pub. L. 111–315, §1(3), added subsec. (b) and struck out former subsec. (b). Prior to
amendment, text read as follows: "In carrying out this section, the Secretary shall ensure that the use of funds
accepted under subsection (a) will not impact impartial decisionmaking with respect to permits, either
substantively or procedurally."
Subsecs. (c) to (e). Pub. L. 111–315, §1(2)–(4), added subsecs. (c) and (d), redesignated former subsec. (c)
as (e), and, in subsec. (e), substituted "2016" for "2010".
2009—Subsec. (c). Pub. L. 111–120 substituted "2010" for "2009".
2007—Subsec. (c). Pub. L. 110–114 substituted "2009" for "2008".
2006—Subsec. (c). Pub. L. 109–434 substituted "December 31, 2008" for "December 31, 2006".
Pub. L. 109–209 substituted "December 31, 2006" for "March 31, 2006".
2005—Subsec. (a). Pub. L. 109–99, §1(1), substituted "The" for "In fiscal years 2001 through 2005, the".
Subsec. (c). Pub. L. 109–99, §1(2), added subsec. (c).
2003—Subsec. (a). Pub. L. 108–137 substituted "2005" for "2003".
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water
Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
REFERENCES IN TEXT
The Rural Electrification Act of 1936, referred to in subsec. (b), is act May 20, 1936, ch. 432, 49 Stat. 1363,
which is classified generally to chapter 31 (§901 et seq.) of Title 7, Agriculture. For complete classification of
this Act to the Code, see section 901 of Title 7 and Tables.
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water
Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Water
Resources Development Act of 1986 which comprises this chapter.
EDITORIAL NOTES
CODIFICATION
Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the
America's Water Infrastructure Act of 2018, and not as part of the Water Resources Development Act of 1986
which comprises this chapter.
EDITORIAL NOTES
REFERENCES IN TEXT
Section 1214 of the Water Resources Development Act of 2018, referred to in subsec. (a)(1), is section
1214 of Pub. L. 115–270, title I, Oct. 23, 2018, 132 Stat. 3768, which is not classified to the Code.
Section 1120(a)(3) of the Water Resources Development Act of 2016, referred to in subsec. (a)(2), is
section 1120(a)(3) of Pub. L. 114–322, title I, Dec. 16, 2016, 130 Stat. 1632, which is not classified to the
Code.
CODIFICATION
Section was enacted as a part of the Water Resources Development Act of 2020, and not as a part of the
Water Resources Development Act of 1986 which comprises this chapter.
§2501. Findings
The Congress finds the following:
(1) The washing ashore of potentially infectious medical wastes from public vessels of the
United States may pose serious and widespread risks to public health and to the welfare of coastal
communities.
(2) Current Federal law provides inadequate protections against the disposal of such wastes
from such vessels into ocean waters.
(3) Operators of such vessels must take immediate action to stop disposing of such wastes into
ocean waters.
(Pub. L. 100–688, title III, §3102, Nov. 18, 1988, 102 Stat. 4152.)
STATUTORY NOTES AND RELATED SUBSIDIARIES
SHORT TITLE
Pub. L. 100–688, title III, §3101, Nov. 18, 1988, 102 Stat. 4152, provided that: "This subtitle [subtitle A
(§§3101–3105) of title III of Pub. L. 100–688, enacting this chapter] may be cited as the 'United States Public
Vessel Medical Waste Anti-Dumping Act of 1988'."
§2502. Definitions
For the purposes of this chapter:
(1) Potentially infectious medical waste
The term "potentially infectious medical waste" includes isolation wastes; infectious agents;
human blood and blood products; pathological wastes; sharps; body parts; contaminated bedding;
surgical wastes; and other disposable medical equipment and material that may pose a risk to the
public health, welfare or the marine environment.
(2) Public vessel
The term "public vessel" means a vessel of any type whatsoever (including hydrofoils,
air-cushion vehicles, submersibles, floating craft whether propelled or not, and fixed or floating
platforms) that is owned, or demise chartered, and operated by the United States Government, and
is not engaged in commercial service.
(Pub. L. 100–688, title III, §3103, Nov. 18, 1988, 102 Stat. 4152.)
§2503. Prohibition
After 6 months after November 18, 1988, no public vessel shall dispose of potentially infectious
medical waste into ocean waters unless—
(1)(A) the health or safety of individuals on board the vessel is threatened; or
(B) during time of war or a declared national emergency;
(2) the waste is disposed of beyond 50 nautical miles from the nearest land; and
(3)(A) in the case of a public vessel which is not a submersible, the waste is sterilized, properly
packaged, and sufficiently weighted to prevent the waste from coming ashore after disposal; and
(B) in the case of a public vessel which is a submersible, the waste is properly packaged and
sufficiently weighted to prevent the waste from coming ashore after disposal.
(Pub. L. 100–688, title III, §3104, Nov. 18, 1988, 102 Stat. 4152.)
§2504. Guidance
Not later than 3 months after November 18, 1988, the Secretary of Defense and the head of each
affected agency, in consultation with the Administrator of the Environmental Protection Agency,
shall each issue guidance for public vessels under the jurisdiction of their agency regarding
implementation of section 2503 of this title.
(Pub. L. 100–688, title III, §3105, Nov. 18, 1988, 102 Stat. 4153.)
§2601. Definitions
In this chapter—
(1) "Administrator" means the Administrator of the Environmental Protection Agency.
(2) "coastal waters" means—
(A) the territorial sea of the United States;
(B) the Great Lakes and their connecting waters;
(C) the marine and estuarine waters of the United States up to the head of tidal influence; and
(D) the Exclusive Economic Zone as established by Presidential Proclamation Number 5030,
dated March 10, 1983.
(3) "municipal or commercial waste" means solid waste (as defined in section 6903 of title 42)
except—
(A) solid waste identified and listed under section 6921 of title 42;
(B) waste generated by the vessel during normal operations;
(C) debris solely from construction activities;
(D) sewage sludge subject to regulation under title I of the Marine Protection, Research, and
Sanctuaries Act of 1972 [33 U.S.C. 1411 et seq.]; and
(E) dredged or fill material subject to regulation under title I of the Marine Protection,
Research, and Sanctuaries Act of 1972 [33 U.S.C. 1411 et seq.], the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), or the Rivers and Harbors Appropriation Act of 1899 (33
U.S.C. 401 et seq.).
(4) "person" means an individual, trust, firm, joint stock company, corporation (including a
government corporation), partnership, association, State, municipality, commission, political
subdivision of a State, or any interstate body.
(5) "receiving facility" means a facility or operation where municipal or commercial waste is
unloaded from a vessel.
(6) "United States", when used in a geographic sense, means the States of the United States,
Puerto Rico, the District of Columbia, the Virgin Islands, American Samoa, Guam, the Northern
Mariana Islands, and any other territory or possession of the United States.
(7) "waste source" means a facility or vessel from which municipal or commercial waste is
loaded onto a vessel, including any rolling stock or motor vehicles from which that waste is
directly loaded.
(Pub. L. 100–688, title IV, §4101, Nov. 18, 1988, 102 Stat. 4154.)
EDITORIAL NOTES
REFERENCES IN TEXT
Presidential Proclamation Number 5030, referred to in par. (2)(D), is set out under section 1453 of Title 16,
Conservation.
The Marine Protection, Research, and Sanctuaries Act of 1972, referred to in par. (3)(D) and (E), is Pub. L.
92–532, Oct. 23, 1972, 86 Stat. 1052, as amended. Title I of that Act is classified generally to subchapter I
(§1411 et seq.) of chapter 27 of this title. For complete classification of this Act to the Code, see Short Title
note set out under section 1401 of this title and Tables.
The Federal Water Pollution Control Act, referred to in par. (3)(E), is act June 30, 1948, ch. 758, as
amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter
26 (§1251 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out
under section 1251 of this title and Tables.
The Rivers and Harbors Appropriation Act of 1899, referred to in par. (3)(E), is act Mar. 3, 1899, ch. 425,
30 Stat. 1151, as amended, which enacted sections 401, 403, 404, 406 to 409, 411 to 416, 418, 502, 549, 686,
and 687 of this title. For complete classification of this Act to the Code, see Tables.
EXECUTIVE DOCUMENTS
TERRITORIAL SEA OF UNITED STATES
For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of
Title 43, Public Lands.
EDITORIAL NOTES
REFERENCES IN TEXT
The Solid Waste Disposal Act, referred to in subsec. (d)(2), is title II of Pub. L. 89–272, Oct. 20, 1965, 79
Stat. 997, as amended generally by Pub. L. 94–580, §2, Oct. 21, 1976, 90 Stat. 2795, which is classified
generally to chapter 82 (§6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables.
The Marine Protection, Research, and Sanctuaries Act of 1972, referred to in subsec. (d)(3), is Pub. L.
92–532, Oct. 23, 1972, 86 Stat. 1052, as amended, which is classified generally to chapters 27 (§1401 et seq.)
and 41 (§2801 et seq.) of this title and chapters 32 (§1431 et seq.) and 32A (§1447 et seq.) of Title 16,
Conservation. For complete classification of this Act to the Code, see Short Title note set out under section
1401 of this title and Tables.
The Rivers and Harbors Appropriation Act of 1899, referred to in subsec. (d)(4), is act Mar. 3, 1899, ch.
425, 30 Stat. 1151, as amended, which enacted sections 401, 403, 404, 406 to 409, 411 to 416, 418, 502, 549,
686, and 687 of this title. For complete classification of this Act to the Code, see Tables.
The Federal Water Pollution Control Act, referred to in subsec. (d)(5), is act June 30, 1948, ch. 758, as
amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter
26 (§1251 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out
under section 1251 of this title and Tables.
§2605. Enforcement
(a) General authority
The Secretary of Transportation shall enforce this chapter under section 89 1 of title 14. The
Secretary may authorize other officers or employees of the United States Government to enforce this
chapter under that section.
(b) Periodic examinations
The Secretary shall conduct periodic examinations of vessels operating under this chapter
transporting municipal or commercial waste to determine that each of these vessels has a permit
issued under section 2602 of this title.
(c) Refusal of clearance
The Secretary of the Treasury may refuse the clearance required by section 60105 of title 46, to
any vessel subject to this chapter which does not have a permit required under section 2602 of this
title.
(d) Denial of entry and detention
If a vessel does not comply with this chapter, the Secretary of Transportation may—
(1) deny entry to any place in the United States; and
(2) detain at the place in the United States from which it is about to depart.
(e) Persistent violators
The Administrator shall conduct an investigation of the owner or operator of a vessel or facility if
the owner has 5 or more separate violations during a 6-month period.
(Pub. L. 100–688, title IV, §4105, Nov. 18, 1988, 102 Stat. 4157.)
EDITORIAL NOTES
REFERENCES IN TEXT
Section 89 of title 14, referred to in subsec. (a), was redesignated section 522 of title 14 by Pub. L.
115–282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200, and reference to section 89 of title 14 deemed to refer
to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of
Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.
CODIFICATION
In subsec. (c), "section 60105 of title 46" substituted for "section 4197 of the Revised Statutes of the United
States (46 App. U.S.C. 91)" on authority of Pub. L. 109–304, §18(c), Oct. 6, 2006, 120 Stat. 1709, which Act
enacted section 60105 of Title 46, Shipping.
EDITORIAL NOTES
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the original "this part" and was translated as reading "this
title" to reflect the probable intent of Congress.
§2607. Fees
The Secretary of Transportation may collect a fee under section 9701 of title 31 of not more than
$1,000, from each person to whom a permit is issued under this subchapter for a permitting system
and to maintain information.
(Pub. L. 100–688, title IV, §4107, Nov. 18, 1988, 102 Stat. 4158.)
§2609. Penalties
(a) General penalty
Except as provided in subsection (b) of this section, a person violating this chapter is liable to the
United States Government for a civil penalty of not more than $25,000. Each day of a continuing
violation is a separate violation. A vessel involved in the violation also is liable in rem for the
penalty.
(b) Operating without a permit
A person violating section 2602 of this title is liable to the United States Government for a civil
penalty of not more than $10,000. Each day of a continuing violation is a separate violation. A vessel
involved in the violation also is liable in rem for the penalty.
(c) Criminal penalty
Any person that knowingly violates, or that knowingly aids, abets, authorizes, or instigates a
violation of this chapter, shall be fined under title 18, imprisoned for not more than 3 years, or both.
(d) Payments for information
The court, the Secretary of Transportation, or the Administrator, as the case may be, may pay up
to one-half of a fine or penalty to any person giving information leading to the assessment of the fine
or penalty.
(Pub. L. 100–688, title IV, §4109, Nov. 18, 1988, 102 Stat. 4158.)
EDITORIAL NOTES
REFERENCES IN TEXT
The Marine Protection, Research, and Sanctuaries Act of 1972, referred to in subsec. (a), is Pub. L. 92–532,
Oct. 23, 1972, 86 Stat. 1052, as amended, which is classified generally to chapters 27 (§1401 et seq.) and 41
(§2801 et seq.) of this title and chapters 32 (§1431 et seq.) and 32A (§1447 et seq.) of Title 16, Conservation.
For complete classification of this Act to the Code, see Short Title note set out under section 1401 of this title
and Tables.
The Solid Waste Disposal Act, referred to in subsec. (a), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat.
997, as amended generally by Pub. L. 94–580, §2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally
to chapter 82 (§6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables.
§2701. Definitions
For the purposes of this Act, the term—
(1) "act of God" means an unanticipated grave natural disaster or other natural phenomenon of
an exceptional, inevitable, and irresistible character the effects of which could not have been
prevented or avoided by the exercise of due care or foresight;
(2) "barrel" means 42 United States gallons at 60 degrees fahrenheit;
(3) "claim" means a request, made in writing for a sum certain, for compensation for damages
or removal costs resulting from an incident;
(4) "claimant" means any person or government who presents a claim for compensation under
this subchapter;
(5) "damages" means damages specified in section 2702(b) of this title, and includes the cost of
assessing these damages;
(6) "deepwater port" is a facility licensed under the Deepwater Port Act of 1974 (33 U.S.C.
1501–1524);
(7) "discharge" means any emission (other than natural seepage), intentional or unintentional,
and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or
dumping;
(8) "exclusive economic zone" means the zone established by Presidential Proclamation
Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as
"eastern special areas" in Article 3(1) of the Agreement between the United States of America and
the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990;
(9) "facility" means any structure, group of structures, equipment, or device (other than a
vessel) which is used for one or more of the following purposes: exploring for, drilling for,
producing, storing, handling, transferring, processing, or transporting oil. This term includes any
motor vehicle, rolling stock, or pipeline used for one or more of these purposes;
(10) "foreign offshore unit" means a facility which is located, in whole or in part, in the
territorial sea or on the continental shelf of a foreign country and which is or was used for one or
more of the following purposes: exploring for, drilling for, producing, storing, handling,
transferring, processing, or transporting oil produced from the seabed beneath the foreign
country's territorial sea or from the foreign country's continental shelf;
(11) "Fund" means the Oil Spill Liability Trust Fund, established by section 9509 of title 26;
(12) "gross ton" has the meaning given that term by the Secretary under part J of title 46;
(13) "guarantor" means any person, other than the responsible party, who provides evidence of
financial responsibility for a responsible party under this Act;
(14) "incident" means any occurrence or series of occurrences having the same origin, involving
one or more vessels, facilities, or any combination thereof, resulting in the discharge or substantial
threat of discharge of oil;
(15) "Indian tribe" means any Indian tribe, band, nation, or other organized group or
community, but not including any Alaska Native regional or village corporation, which is
recognized as eligible for the special programs and services provided by the United States to
Indians because of their status as Indians and has governmental authority over lands belonging to
or controlled by the tribe;
(16) "lessee" means a person holding a leasehold interest in an oil or gas lease on lands beneath
navigable waters (as that term is defined in section 1301(a) of title 43) or on submerged lands of
the Outer Continental Shelf, granted or maintained under applicable State law or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.);
(17) "liable" or "liability" shall be construed to be the standard of liability which obtains under
section 1321 of this title;
(18) "mobile offshore drilling unit" means a vessel (other than a self-elevating lift vessel)
capable of use as an offshore facility;
(19) "National Contingency Plan" means the National Contingency Plan prepared and published
under section 1321(d) of this title or revised under section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9605);
(20) "natural resources" includes land, fish, wildlife, biota, air, water, ground water, drinking
water supplies, and other such resources belonging to, managed by, held in trust by, appertaining
to, or otherwise controlled by the United States (including the resources of the exclusive economic
zone), any State or local government or Indian tribe, or any foreign government;
(21) "navigable waters" means the waters of the United States, including the territorial sea;
(22) "offshore facility" means any facility of any kind located in, on, or under any of the
navigable waters of the United States, and any facility of any kind which is subject to the
jurisdiction of the United States and is located in, on, or under any other waters, other than a
vessel or a public vessel;
(23) "oil" means oil of any kind or in any form, including petroleum, fuel oil, sludge, oil refuse,
and oil mixed with wastes other than dredged spoil, but does not include any substance which is
specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of
section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9601) and which is subject to the provisions of that Act [42 U.S.C. 9601 et seq.];
(24) "onshore facility" means any facility (including, but not limited to, motor vehicles and
rolling stock) of any kind located in, on, or under, any land within the United States other than
submerged land;
(25) the term "Outer Continental Shelf facility" means an offshore facility which is located, in
whole or in part, on the Outer Continental Shelf and is or was used for one or more of the
following purposes: exploring for, drilling for, producing, storing, handling, transferring,
processing, or transporting oil produced from the Outer Continental Shelf;
(26) "owner or operator"—
(A) means—
(i) in the case of a vessel, any person owning, operating, or chartering by demise, the
vessel;
(ii) in the case of an onshore facility, offshore facility, or foreign offshore unit or other
facility located seaward of the exclusive economic zone, any person or entity owning or
operating such facility;
(iii) in the case of any abandoned offshore facility or foreign offshore unit or other facility
located seaward of the exclusive economic zone, the person or entity that owned or operated
such facility immediately prior to such abandonment;
(iv) in the case of any facility, title or control of which was conveyed due to bankruptcy,
foreclosure, tax delinquency, abandonment, or similar means to a unit of State or local
government, any person who owned, operated, or otherwise controlled activities at such
facility immediately beforehand;
(v) notwithstanding subparagraph (B)(i), and in the same manner and to the same extent,
both procedurally and substantively, as any nongovernmental entity, including for purposes
of liability under section 2702 of this title, any State or local government that has caused or
contributed to a discharge or substantial threat of a discharge of oil from a vessel or facility
ownership or control of which was acquired involuntarily through—
(I) seizure or otherwise in connection with law enforcement activity;
(II) bankruptcy;
(III) tax delinquency;
(IV) abandonment; or
(V) other circumstances in which the government involuntarily acquires title by virtue of
its function as sovereign;
(vi) notwithstanding subparagraph (B)(ii), a person that is a lender and that holds indicia of
ownership primarily to protect a security interest in a vessel or facility if, while the borrower
is still in possession of the vessel or facility encumbered by the security interest, the person—
(I) exercises decision making control over the environmental compliance related to the
vessel or facility, such that the person has undertaken responsibility for oil handling or
disposal practices related to the vessel or facility; or
(II) exercises control at a level comparable to that of a manager of the vessel or facility,
such that the person has assumed or manifested responsibility—
(aa) for the overall management of the vessel or facility encompassing day-to-day
decision making with respect to environmental compliance; or
(bb) over all or substantially all of the operational functions (as distinguished from
financial or administrative functions) of the vessel or facility other than the function of
environmental compliance; and
(ii) a person that is a lender that does not participate in management of a vessel or facility,
but holds indicia of ownership primarily to protect the security interest of the person in the
vessel or facility; or
(iii) a person that is a lender that did not participate in management of a vessel or facility
prior to foreclosure, notwithstanding that the person—
(I) forecloses on the vessel or facility; and
(II) after foreclosure, sells, re-leases (in the case of a lease finance transaction), or
liquidates the vessel or facility, maintains business activities, winds up operations,
undertakes a removal action under section 1321(c) of this title or under the direction of an
on-scene coordinator appointed under the National Contingency Plan, with respect to the
vessel or facility, or takes any other measure to preserve, protect, or prepare the vessel or
facility prior to sale or disposition,
if the person seeks to sell, re-lease (in the case of a lease finance transaction), or otherwise
divest the person of the vessel or facility at the earliest practicable, commercially reasonable
time, on commercially reasonable terms, taking into account market conditions and legal and
regulatory requirements;
(27) "person" means an individual, corporation, partnership, association, State, municipality,
commission, or political subdivision of a State, or any interstate body;
(28) "permittee" means a person holding an authorization, license, or permit for geological
exploration issued under section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) or
applicable State law;
(29) "public vessel" means a vessel owned or bareboat chartered and operated by the United
States, or by a State or political subdivision thereof, or by a foreign nation, except when the vessel
is engaged in commerce;
(30) "remove" or "removal" means containment and removal of oil or a hazardous substance
from water and shorelines or the taking of other actions as may be necessary to minimize or
mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish,
wildlife, and public and private property, shorelines, and beaches;
(31) "removal costs" means the costs of removal that are incurred after a discharge of oil has
occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to
prevent, minimize, or mitigate oil pollution from such an incident;
(32) "responsible party" means the following:
(A) VESSELS.—In the case of a vessel, any person owning, operating, or demise chartering
the vessel. In the case of a vessel, the term "responsible party" also includes the owner of oil
being transported in a tank vessel with a single hull after December 31, 2010.
(B) ONSHORE FACILITIES.—In the case of an onshore facility (other than a pipeline), any
person owning or operating the facility, except a Federal agency, State, municipality,
commission, or political subdivision of a State, or any interstate body, that as the owner
transfers possession and right to use the property to another person by lease, assignment, or
permit.
(C) OFFSHORE FACILITIES.—In the case of an offshore facility (other than a pipeline or a
deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.)), the
lessee or permittee of the area in which the facility is located or the holder of a right of use and
easement granted under applicable State law or the Outer Continental Shelf Lands Act (43
U.S.C. 1301–1356) for the area in which the facility is located (if the holder is a different
person than the lessee or permittee), except a Federal agency, State, municipality, commission,
or political subdivision of a State, or any interstate body, that as owner transfers possession and
right to use the property to another person by lease, assignment, or permit.
(D) FOREIGN FACILITIES.—In the case of a foreign offshore unit or other facility located
seaward of the exclusive economic zone, any person or other entity owning or operating the
facility, and any leaseholder, permit holder, assignee, or holder of a right of use and easement
granted under applicable foreign law for the area in which the facility is located.
(E) DEEPWATER PORTS.—In the case of a deepwater port licensed under the Deepwater
Port Act of 1974 (33 U.S.C. 1501–1524), the licensee.
(F) PIPELINES.—In the case of a pipeline, any person owning or operating the pipeline.
(G) ABANDONMENT.—In the case of an abandoned vessel, onshore facility, deepwater
port, pipeline,,1 offshore facility, or foreign offshore unit or other facility located seaward of the
exclusive economic zone, the persons or entities that would have been responsible parties
immediately prior to the abandonment of the vessel or facility.
(33) "Secretary" means the Secretary of the department in which the Coast Guard is operating;
(34) "tank vessel" means a vessel that is constructed or adapted to carry, or that carries, oil or
hazardous material in bulk as cargo or cargo residue, and that—
(A) is a vessel of the United States;
(B) operates on the navigable waters; or
(C) transfers oil or hazardous material in a place subject to the jurisdiction of the United
States;
(35) "territorial seas" means the belt of the seas measured from the line of ordinary low water
along that portion of the coast which is in direct contact with the open sea and the line marking the
seaward limit of inland waters, and extending seaward a distance of 3 miles;
(36) "United States" and "State" mean the several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin
Islands, the Commonwealth of the Northern Marianas, and any other territory or possession of the
United States;
(37) "vessel" means every description of watercraft or other artificial contrivance used, or
capable of being used, as a means of transportation on water, other than a public vessel;
(38) "participate in management"—
(A)(i) means actually participating in the management or operational affairs of a vessel or
facility; and
(ii) does not include merely having the capacity to influence, or the unexercised right to
control, vessel or facility operations; and
(B) does not include—
(i) performing an act or failing to act prior to the time at which a security interest is created
in a vessel or facility;
(ii) holding a security interest or abandoning or releasing a security interest;
(iii) including in the terms of an extension of credit, or in a contract or security agreement
relating to the extension, a covenant, warranty, or other term or condition that relates to
environmental compliance;
(iv) monitoring or enforcing the terms and conditions of the extension of credit or security
interest;
(v) monitoring or undertaking one or more inspections of the vessel or facility;
(vi) requiring a removal action or other lawful means of addressing a discharge or
substantial threat of a discharge of oil in connection with the vessel or facility prior to,
during, or on the expiration of the term of the extension of credit;
(vii) providing financial or other advice or counseling in an effort to mitigate, prevent, or
cure default or diminution in the value of the vessel or facility;
(viii) restructuring, renegotiating, or otherwise agreeing to alter the terms and conditions of
the extension of credit or security interest, exercising forbearance;
(ix) exercising other remedies that may be available under applicable law for the breach of
a term or condition of the extension of credit or security agreement; or
(x) conducting a removal action under section 1321(c) of this title or under the direction of
an on-scene coordinator appointed under the National Contingency Plan,
if such actions do not rise to the level of participating in management under subparagraph (A)
of this paragraph and paragraph (26)(A)(vi);
(39) "extension of credit" has the meaning provided in section 101(20)(G)(i) of the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
9601(20)(G)(i));
(40) "financial or administrative function" has the meaning provided in section 101(20)(G)(ii)
of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42
U.S.C. 9601(20)(G)(ii));
(41) "foreclosure" and "foreclose" each has the meaning provided in section 101(20)(G)(iii) of
the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
9601(20)(G)(iii));
(42) "lender" has the meaning provided in section 101(20)(G)(iv) of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601(20)(G)(iv));
(43) "operational function" has the meaning provided in section 101(20)(G)(v) of the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
9601(20)(G)(v)); and
(44) "security interest" has the meaning provided in section 101(20)(G)(vi) of the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
9601(20)(G)(vi)).
(Pub. L. 101–380, title I, §1001, Aug. 18, 1990, 104 Stat. 486; Pub. L. 105–383, title III, §307(a),
Nov. 13, 1998, 112 Stat. 3421; Pub. L. 108–293, title VII, §703(a), (b), Aug. 9, 2004, 118 Stat. 1069,
1071; Pub. L. 111–281, title VII, §713, Oct. 15, 2010, 124 Stat. 2988; Pub. L. 115–91, div. C, title
XXXV, §3508(b)(1)(A), Dec. 12, 2017, 131 Stat. 1915; Pub. L. 115–232, div. C, title XXXV,
§3544(d), Aug. 13, 2018, 132 Stat. 2325.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, as amended, known as the
Oil Pollution Act of 1990, which is classified principally to this chapter. For complete classification of this
Act to the Code, see Short Title note set out below and Tables.
The Deepwater Port Act of 1974, referred to in pars. (6) and (32)(C), (D), is Pub. L. 93–627, Jan. 3, 1975,
88 Stat. 2126, as amended, which is classified generally to chapter 29 (§1501 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and
Tables.
Presidential Proclamation Numbered 5030, referred to in par. (8), is Proc. No. 5030, Mar. 10, 1983, 48 F.R.
10605, which is set out as a note under section 1453 of Title 16, Conservation.
The Outer Continental Shelf Lands Act, referred to in pars. (16) and (32)(C), is act Aug. 7, 1953, ch. 345,
67 Stat. 462, as amended, which is classified generally to subchapter III (§1331 et seq.) of chapter 29 of Title
43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section
1301 of Title 43 and Tables.
The Comprehensive Environmental Response, Compensation, and Liability Act, referred to in par. (23),
probably means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub.
L. 96–510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is classified principally to chapter 103 (§9601 et
seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short
Title note set out under section 9601 of Title 42 and Tables.
AMENDMENTS
2018—Par. (32)(A). Pub. L. 115–232 struck out "(other than a vessel described in section 3703a(b)(3) of
title 46)" before period at end.
2017—Par. (26)(A)(ii). Pub. L. 115–91, §3508(b)(1)(A)(i)(I), substituted "onshore facility, offshore facility,
or foreign offshore unit or other facility located seaward of the exclusive economic zone, any person or entity"
for "onshore or offshore facility, any person".
Par. (26)(A)(iii). Pub. L. 115–91, §3508(b)(1)(A)(i)(II), substituted "offshore facility or foreign offshore
unit or other facility located seaward of the exclusive economic zone, the person or entity that" for "offshore
facility, the person who".
Par. (32)(D) to (G). Pub. L. 115–91, §3508(b)(1)(A)(ii), added subpar. (D), redesignated former subpars.
(D) to (F) as (E) to (G), respectively, and in subpar. (G) substituted ", offshore facility, or foreign offshore unit
or other facility located seaward of the exclusive economic zone, the persons or entities that" for "or offshore
facility, the persons who".
2010—Par. (32)(A). Pub. L. 111–281 inserted "In the case of a vessel, the term 'responsible party' also
includes the owner of oil being transported in a tank vessel with a single hull after December 31, 2010 (other
than a vessel described in section 3703a(b)(3) of title 46)." after "chartering the vessel."
2004—Par. (26). Pub. L. 108–293, §703(a), amended par. (26) generally. Prior to amendment, par. (26)
read as follows: " 'owner or operator' means (A) in the case of a vessel, any person owning, operating, or
chartering by demise, the vessel, and (B) in the case of an onshore facility, and an offshore facility, any person
owning or operating such onshore facility or offshore facility, and (C) in the case of any abandoned offshore
facility, the person who owned or operated such facility immediately prior to such abandonment;".
Pars. (38) to (44). Pub. L. 108–293, §703(b), added pars. (38) to (44).
1998—Par. (23). Pub. L. 105–383 amended par. (23) generally. Prior to amendment, par. (23) read as
follows: " 'oil' means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge,
oil refuse, and oil mixed with wastes other than dredged spoil, but does not include petroleum, including crude
oil or any fraction thereof, which is specifically listed or designated as a hazardous substance under
subparagraphs (A) through (F) of section 101(14) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601) and which is subject to the provisions of that Act;".
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, as amended, known as
the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete classification of this
Act to the Code, see Short Title note set out under section 2701 of this title and Tables.
The Intervention on the High Seas Act, referred to in subsec. (b)(1)(A), is Pub. L. 93–248, Feb. 5, 1974, 88
Stat. 8, as amended, which is classified generally to chapter 28 (§1471 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 1471 of this title and Tables.
The Trans-Alaska Pipeline Authorization Act, referred to in subsec. (c)(3), is title II of Pub. L. 93–153,
Nov. 16, 1973, 87 Stat. 584, which is classified generally to chapter 34 (§1651 et seq.) of Title 43, Public
Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1651 of
Title 43 and Tables.
EDITORIAL NOTES
REFERENCES IN TEXT
The Intervention on the High Seas Act, referred to in subsec. (c)(3), is Pub. L. 93–248, Feb. 5, 1974, 88
Stat. 8, as amended, which is classified generally to chapter 28 (§1471 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 1471 of this title and Tables.
This Act, referred to in subsec. (d)(5), (6), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, as amended,
known as the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.
AMENDMENTS
2018—Subsec. (d)(5). Pub. L. 115–232 inserted "section" before "2702(a)".
2004—Subsec. (d). Pub. L. 108–293 added subsec. (d).
(ii) with respect to a vessel of 3,000 gross tons or less that is—
(I) a vessel described in subparagraph (A), $6,000,000; or
(II) a vessel described in subparagraph (B), $4,000,000;
(2) for any other vessel, $950 per gross ton or $800,000, whichever is greater;
(3) for an offshore facility except a deepwater port, the total of all removal costs plus
$75,000,000; and
(4) for any onshore facility and a deepwater port, $350,000,000.
(b) Division of liability for mobile offshore drilling units
(1) Treated first as tank vessel
For purposes of determining the responsible party and applying this Act and except as provided
in paragraph (2), a mobile offshore drilling unit which is being used as an offshore facility is
deemed to be a tank vessel with respect to the discharge, or the substantial threat of a discharge, of
oil on or above the surface of the water.
(2) Treated as facility for excess liability
To the extent that removal costs and damages from any incident described in paragraph (1)
exceed the amount for which a responsible party is liable (as that amount may be limited under
subsection (a)(1)), the mobile offshore drilling unit is deemed to be an offshore facility. For
purposes of applying subsection (a)(3), the amount specified in that subsection shall be reduced by
the amount for which the responsible party is liable under paragraph (1).
(c) Exceptions
(1) Acts of responsible party
Subsection (a) does not apply if the incident was proximately caused by—
(A) gross negligence or willful misconduct of, or
(B) the violation of an applicable Federal safety, construction, or operating regulation by,
the responsible party, an agent or employee of the responsible party, or a person acting pursuant to
a contractual relationship with the responsible party (except where the sole contractual
arrangement arises in connection with carriage by a common carrier by rail).
(2) Failure or refusal of responsible party
Subsection (a) does not apply if the responsible party fails or refuses—
(A) to report the incident as required by law and the responsible party knows or has reason to
know of the incident;
(B) to provide all reasonable cooperation and assistance requested by a responsible official in
connection with removal activities; or
(C) without sufficient cause, to comply with an order issued under subsection (c) or (e) of
section 1321 of this title or the Intervention on the High Seas Act (33 U.S.C. 1471 et seq.).
(3) OCS facility or vessel
Notwithstanding the limitations established under subsection (a) and the defenses of section
2703 of this title, all removal costs incurred by the United States Government or any State or local
official or agency in connection with a discharge or substantial threat of a discharge of oil from
any Outer Continental Shelf facility or a vessel carrying oil as cargo from such a facility shall be
borne by the owner or operator of such facility or vessel.
(4) Certain tank vessels
Subsection (a)(1) shall not apply to—
(A) a tank vessel on which the only oil carried as cargo is an animal fat or vegetable oil, as
those terms are used in section 2720 of this title; and
(B) a tank vessel that is designated in its certificate of inspection as an oil spill response
vessel (as that term is defined in section 2101 of title 46) and that is used solely for removal.
(d) Adjusting limits of liability
(1) Onshore facilities
Subject to paragraph (2), the President may establish by regulation, with respect to any class or
category of onshore facility, a limit of liability under this section of less than $350,000,000, but
not less than $8,000,000, taking into account size, storage capacity, oil throughput, proximity to
sensitive areas, type of oil handled, history of discharges, and other factors relevant to risks posed
by the class or category of facility.
(2) Deepwater ports and associated vessels
(A) Study
The Secretary shall conduct a study of the relative operational and environmental risks posed
by the transportation of oil by vessel to deepwater ports (as defined in section 1502 of this title)
versus the transportation of oil by vessel to other ports. The study shall include a review and
analysis of offshore lightering practices used in connection with that transportation, an analysis
of the volume of oil transported by vessel using those practices, and an analysis of the
frequency and volume of oil discharges which occur in connection with the use of those
practices.
(B) Report
Not later than 1 year after August 18, 1990, the Secretary shall submit to the Congress a
report on the results of the study conducted under subparagraph (A).
(C) Rulemaking proceeding
If the Secretary determines, based on the results of the study conducted under subparagraph
(A), that the use of deepwater ports in connection with the transportation of oil by vessel results
in a lower operational or environmental risk than the use of other ports, the Secretary shall
initiate, not later than the 180th day following the date of submission of the report to the
Congress under subparagraph (B), a rulemaking proceeding to lower the limits of liability under
this section for deepwater ports as the Secretary determines appropriate. The Secretary may
establish a limit of liability of less than $350,000,000, but not less than $50,000,000, in
accordance with paragraph (1).
(3) Periodic reports
The President shall, within 6 months after August 18, 1990, and from time to time thereafter,
report to the Congress on the desirability of adjusting the limits of liability specified in subsection
(a).
(4) Adjustment to reflect Consumer Price Index
The President, by regulations issued not later than 3 years after July 11, 2006, and not less than
every 3 years thereafter, shall adjust the limits on liability specified in subsection (a) to reflect
significant increases in the Consumer Price Index.
(Pub. L. 101–380, title I, §1004, Aug. 18, 1990, 104 Stat. 491; Pub. L. 104–55, §2(d)(1), Nov. 20,
1995, 109 Stat. 546; Pub. L. 105–383, title IV, §406, Nov. 13, 1998, 112 Stat. 3429; Pub. L.
109–241, title VI, §603(a)(1), (2), (b), July 11, 2006, 120 Stat. 553, 554; Pub. L. 111–281, title IX,
§903(a)(2), (e)(1), Oct. 15, 2010, 124 Stat. 3010, 3011; Pub. L. 115–232, div. C, title XXXV,
§3547(c), Aug. 13, 2018, 132 Stat. 2328.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in subsec. (b)(1), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, as amended,
known as the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.
The Intervention on the High Seas Act, referred to in subsec. (c)(2)(C), is Pub. L. 93–248, Feb. 5, 1974, 88
Stat. 8, as amended, which is classified generally to chapter 28 (§1471 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 1471 of this title and Tables.
AMENDMENTS
2018—Subsec. (d)(2)(C). Pub. L. 115–232 substituted "under subparagraph (A)" for "under this
subparagraph (A)".
2010—Subsec. (a)(2). Pub. L. 111–281, §903(e)(1), struck out first comma after "$800,000".
Pub. L. 111–281, §903(a)(2), made technical amendment to directory language of Pub. L. 109–241,
§603(a)(2). See 2006 Amendment note below.
2006—Subsec. (a)(1)(A) to (C). Pub. L. 109–241, §603(a)(1), added subpars. (A) to (C) and struck out
former subpars. (A) and (B), which read as follows:
"(A) $1,200 per gross ton; or
"(B)(i) in the case of a vessel greater than 3,000 gross tons, $10,000,000; or
"(ii) in the case of a vessel of 3,000 gross tons or less, $2,000,000;".
Subsec. (a)(2). Pub. L. 109–241, §603(a)(2), as amended by Pub. L. 111–281, §903(a)(2), substituted "$950
per gross ton" for "$600 per gross ton" and "$800,000," for "$500,000".
Subsec. (d)(4). Pub. L. 109–241, §603(b), amended heading and text of par. (4) generally. Prior to
amendment, text read as follows: "The President shall, by regulations issued not less often than every 3 years,
adjust the limits of liability specified in subsection (a) to reflect significant increases in the Consumer Price
Index."
1998—Subsec. (a)(1). Pub. L. 105–383, §406(1), substituted comma for "(except a tank vessel on which the
only oil carried as cargo is an animal fat or vegetable oil, as those terms are used in section 2720 of this title)"
after "tank vessel".
Subsec. (c)(4). Pub. L. 105–383, §406(2), added par. (4).
1995—Subsec. (a)(1). Pub. L. 104–55 substituted "for a tank vessel (except a tank vessel on which the only
oil carried as cargo is an animal fat or vegetable oil, as those terms are used in section 2720 of this title)" for
"for a tank vessel,".
EXECUTIVE DOCUMENTS
DELEGATION OF FUNCTIONS
For delegation of functions of President under subsec. (d) of this section, see section 4 of Ex. Ord. No.
12777, set out as a note under section 1321 of this title.
§2705. Interest; partial payment of claims
(a) General rule
The responsible party or the responsible party's guarantor is liable to a claimant for interest on the
amount paid in satisfaction of a claim under this Act for the period described in subsection (b). The
responsible party shall establish a procedure for the payment or settlement of claims for interim,
short-term damages. Payment or settlement of a claim for interim, short-term damages representing
less than the full amount of damages to which the claimant ultimately may be entitled shall not
preclude recovery by the claimant for damages not reflected in the paid or settled partial claim.
(b) Period
(1) In general
Except as provided in paragraph (2), the period for which interest shall be paid is the period
beginning on the 30th day following the date on which the claim is presented to the responsible
party or guarantor and ending on the date on which the claim is paid.
(2) Exclusion of period due to offer by guarantor
If the guarantor offers to the claimant an amount equal to or greater than that finally paid in
satisfaction of the claim, the period described in paragraph (1) does not include the period
beginning on the date the offer is made and ending on the date the offer is accepted. If the offer is
made within 60 days after the date on which the claim is presented under section 2713(a) of this
title, the period described in paragraph (1) does not include any period before the offer is accepted.
(3) Exclusion of periods in interests of justice
If in any period a claimant is not paid due to reasons beyond the control of the responsible party
or because it would not serve the interests of justice, no interest shall accrue under this section
during that period.
(4) Calculation of interest
The interest paid under this section shall be calculated at the average of the highest rate for
commercial and finance company paper of maturities of 180 days or less obtaining on each of the
days included within the period for which interest must be paid to the claimant, as published in the
Federal Reserve Bulletin.
(5) Interest not subject to liability limits
(A) In general
Interest (including prejudgment interest) under this paragraph is in addition to damages and
removal costs for which claims may be asserted under section 2702 of this title and shall be paid
without regard to any limitation of liability under section 2704 of this title.
(B) Payment by guarantor
The payment of interest under this subsection by a guarantor is subject to section 2716(g) of
this title.
(Pub. L. 101–380, title I, §1005, Aug. 18, 1990, 104 Stat. 493; Pub. L. 104–324, title XI, §1142(a),
Oct. 19, 1996, 110 Stat. 3991.)
EDITORIAL NOTES
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, as amended, known as
the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete classification of this
Act to the Code, see Short Title note set out under section 2701 of this title and Tables.
AMENDMENTS
1996—Pub. L. 104–324, §1142(a)(1), inserted "; partial payment of claims" after "Interest" in section
catchline.
Subsec. (a). Pub. L. 104–324, §1142(a)(2), inserted at end "The responsible party shall establish a
procedure for the payment or settlement of claims for interim, short-term damages. Payment or settlement of a
claim for interim, short-term damages representing less than the full amount of damages to which the claimant
ultimately may be entitled shall not preclude recovery by the claimant for damages not reflected in the paid or
settled partial claim."