§ 1254. Research, investigations, training, and in-
formation
(a) Establishment of national programs; coopera-
tion; investigations; water quality surveil-
lance system; reports
The Administrator shall establish national
programs for the prevention, reduction, and
elimination of pollution and as part of such pro-
grams shall—
(1) in cooperation with other Federal, State,
and local agencies, conduct and promote the
coordination and acceleration of, research, in-
vestigations,
experiments,
training,
dem-
onstrations, surveys, and studies relating to
the causes, effects, extent, prevention, reduc-
tion, and elimination of pollution;
(2) encourage, cooperate with, and render
technical services to pollution control agen-
cies and other appropriate public or private
agencies, institutions, and organizations, and
individuals, including the general public, in
the conduct of activities referred to in para-
graph (1) of this subsection;
(3) conduct, in cooperation with State water
pollution control agencies and other inter-
ested agencies, organizations and persons,
public investigations concerning the pollution
of any navigable waters, and report on the re-
sults of such investigations;
(4) establish advisory committees composed
of recognized experts in various aspects of pol-
lution and representatives of the public to as-
sist in the examination and evaluation of re-
search progress and proposals and to avoid du-
plication of research;
(5) in cooperation with the States, and their
political subdivisions, and other Federal agen-
cies establish, equip, and maintain a water
quality surveillance system for the purpose of
monitoring the quality of the navigable wa-
ters and ground waters and the contiguous
zone and the oceans and the Administrator
shall,
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Authority boundary: historical or unconfirmed source not current law verified.
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Page 357
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1254
of such agencies, joint or otherwise, as they may
deem desirable for making effective such agree-
ments and compacts. No such agreement or
compact shall be binding or obligatory upon any
State a party thereto unless and until it has
been approved by the Congress.
(June 30, 1948, ch. 758, title I, § 103, as added Pub.
L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 818.)
§ 1254. Research, investigations, training, and in-
formation
(a) Establishment of national programs; coopera-
tion; investigations; water quality surveil-
lance system; reports
The Administrator shall establish national
programs for the prevention, reduction, and
elimination of pollution and as part of such pro-
grams shall—
(1) in cooperation with other Federal, State,
and local agencies, conduct and promote the
coordination and acceleration of, research, in-
vestigations,
experiments,
training,
dem-
onstrations, surveys, and studies relating to
the causes, effects, extent, prevention, reduc-
tion, and elimination of pollution;
(2) encourage, cooperate with, and render
technical services to pollution control agen-
cies and other appropriate public or private
agencies, institutions, and organizations, and
individuals, including the general public, in
the conduct of activities referred to in para-
graph (1) of this subsection;
(3) conduct, in cooperation with State water
pollution control agencies and other inter-
ested agencies, organizations and persons,
public investigations concerning the pollution
of any navigable waters, and report on the re-
sults of such investigations;
(4) establish advisory committees composed
of recognized experts in various aspects of pol-
lution and representatives of the public to as-
sist in the examination and evaluation of re-
search progress and proposals and to avoid du-
plication of research;
(5) in cooperation with the States, and their
political subdivisions, and other Federal agen-
cies establish, equip, and maintain a water
quality surveillance system for the purpose of
monitoring the quality of the navigable wa-
ters and ground waters and the contiguous
zone and the oceans and the Administrator
shall, to the extent practicable, conduct such
surveillance by utilizing the resources of the
National Aeronautics and Space Administra-
tion, the National Oceanic and Atmospheric
Administration, the United States Geological
Survey, and the Coast Guard, and shall report
on such quality in the report required under
subsection (a) of section 1375 of this title; and
(6) initiate and promote the coordination
and acceleration of research designed to de-
velop the most effective practicable tools and
techniques for measuring the social and eco-
nomic costs and benefits of activities which
are subject to regulation under this chapter;
and shall transmit a report on the results of
such research to the Congress not later than
January 1, 1974.
(b) Authorized activities of Administrator
In carrying out the provisions of subsection (a)
of this section the Administrator is authorized
to—
(1) collect and make available, through pub-
lications and other appropriate means, the re-
sults of and other information, including ap-
propriate recommendations by him in connec-
tion therewith, pertaining to such research
and other activities referred to in paragraph
(1) of subsection (a);
(2) cooperate with other Federal depart-
ments and agencies, State water pollution
control agencies, interstate agencies, other
public and private agencies, institutions, orga-
nizations, industries involved, and individuals,
in the preparation and conduct of such re-
search and other activities referred to in para-
graph (1) of subsection (a);
(3) make grants to State water pollution
control agencies, interstate agencies, other
public or nonprofit private agencies, institu-
tions, organizations, and individuals, for pur-
poses stated in paragraph (1) of subsection (a)
of this section;
(4) contract with public or private agencies,
institutions, organizations, and individuals,
without regard to section 3324(a) and (b) of
title 31 and section 6101 of title 41, referred to
in paragraph (1) of subsection (a);
(5) establish and maintain research fellow-
ships at public or nonprofit private edu-
cational institutions or research organiza-
tions;
(6) collect and disseminate, in cooperation
with other Federal departments and agencies,
and with other public or private agencies, in-
stitutions, and organizations having related
responsibilities, basic data on chemical, phys-
ical, and biological effects of varying water
quality and other information pertaining to
pollution and the prevention, reduction, and
elimination thereof;
(7) develop effective and practical processes,
methods, and prototype devices for the preven-
tion, reduction, and elimination of pollution;
and
(8) make grants to nonprofit organizations—
(A) to provide technical assistance to
rural, small, and tribal municipalities for
the purpose of assisting, in consultation
with the State in which the assistance is
provided, such municipalities and tribal gov-
ernments in the planning, developing, and
acquisition of financing for eligible projects
and activities described in section 1383(c) of
this title;
(B) to provide technical assistance and
training for rural, small, and tribal publicly
owned treatment works and decentralized
wastewater treatment systems to enable
such treatment works and systems to pro-
tect water quality and achieve and maintain
compliance with the requirements of this
chapter; and
(C) to disseminate information to rural,
small, and tribal municipalities and munici-
palities that meet the affordability criteria
established under section 1383(i)(2) of this
title by the State in which the municipality
is located with respect to planning, design,
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TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1254
construction, and operation of publicly
owned treatment works and decentralized
wastewater treatment systems.
(c) Research and studies on harmful effects of
pollutants; cooperation with Secretary of
Health and Human Services
In carrying out the provisions of subsection (a)
of this section the Administrator shall conduct
research on, and survey the results of other sci-
entific studies on, the harmful effects on the
health or welfare of persons caused by pollut-
ants. In order to avoid duplication of effort, the
Administrator shall, to the extent practicable,
conduct such research in cooperation with and
through the facilities of the Secretary of Health
and Human Services.
(d) Sewage treatment; identification and meas-
urement of effects of pollutants; augmented
streamflow
In carrying out the provisions of this section
the Administrator shall develop and dem-
onstrate under varied conditions (including con-
ducting such basic and applied research, studies,
and experiments as may be necessary):
(1) Practicable means of treating municipal
sewage, and other waterborne wastes to imple-
ment the requirements of section 1281 of this
title;
(2) Improved methods and procedures to
identify and measure the effects of pollutants,
including those pollutants created by new
technological developments; and
(3) Methods and procedures for evaluating
the effects on water quality of augmented
streamflows to control pollution not suscep-
tible to other means of prevention, reduction,
or elimination.
(e) Field laboratory and research facilities
The Administrator shall establish, equip, and
maintain field laboratory and research facili-
ties, including, but not limited to, one to be lo-
cated in the northeastern area of the United
States, one in the Middle Atlantic area, one in
the southeastern area, one in the midwestern
area, one in the southwestern area, one in the
Pacific Northwest, and one in the State of Alas-
ka, for the conduct of research, investigations,
experiments, field demonstrations and studies,
and training relating to the prevention, reduc-
tion and elimination of pollution. Insofar as
practicable, each such facility shall be located
near institutions of higher learning in which
graduate training in such research might be car-
ried out. In conjunction with the development of
criteria under section 1343 of this title, the Ad-
ministrator shall construct the facilities au-
thorized for the National Marine Water Quality
Laboratory established under this subsection.
(f) Great Lakes water quality research
The Administrator shall conduct research and
technical development work, and make studies,
with respect to the quality of the waters of the
Great Lakes, including an analysis of the
present and projected future water quality of
the Great Lakes under varying conditions of
waste treatment and disposal, an evaluation of
the water quality needs of those to be served by
such waters, an evaluation of municipal, indus-
trial, and vessel waste treatment and disposal
practices with respect to such waters, and a
study of alternate means of solving pollution
problems (including additional waste treatment
measures) with respect to such waters.
(g) Treatment works pilot training programs;
employment
needs
forecasting;
training
projects and grants; research fellowships;
technical training; report to the President
and transmittal to Congress
(1) For the purpose of providing an adequate
supply of trained personnel to operate and main-
tain existing and future treatment works and re-
lated activities, and for the purpose of enhanc-
ing substantially the proficiency of those en-
gaged in such activities, the Administrator shall
finance pilot programs, in cooperation with
State and interstate agencies, municipalities,
educational institutions, and other organiza-
tions and individuals, of manpower development
and training and retraining of persons in, on en-
tering into, the field of operation and mainte-
nance of treatment works and related activities.
Such program and any funds expended for such
a program shall supplement, not supplant, other
manpower and training programs and funds
available for the purposes of this paragraph. The
Administrator is authorized, under such terms
and conditions as he deems appropriate, to enter
into agreements with one or more States, acting
jointly or severally, or with other public or pri-
vate agencies or institutions for the develop-
ment and implementation of such a program.
(2) The Administrator is authorized to enter
into agreements with public and private agen-
cies and institutions, and individuals to develop
and maintain an effective system for forecasting
the supply of, and demand for, various profes-
sional and other occupational categories needed
for the prevention, reduction, and elimination of
pollution in each region, State, or area of the
United States and, from time to time, to publish
the results of such forecasts.
(3) In furtherance of the purposes of this chap-
ter, the Administrator is authorized to—
(A) make grants to public or private agen-
cies and institutions and to individuals for
training projects, and provide for the conduct
of training by contract with public or private
agencies and institutions and with individuals
without regard to section 3324(a) and (b) of
title 31 and section 6101 of title 41;
(B) establish and maintain research fellow-
ships in the Environmental Protection Agency
with such stipends and allowances, including
traveling and subsistence expenses, as he may
deem necessary to procure the assistance of
the most promising research fellows; and
(C) provide, in addition to the program es-
tablished under paragraph (1) of this sub-
section, training in technical matters relating
to the causes, prevention, reduction, and
elimination of pollution for personnel of pub-
lic agencies and other persons with suitable
qualifications.
(4) The Administrator shall submit, through
the President, a report to the Congress not later
than December 31, 1973, summarizing the actions
taken under this subsection and the effective-
ness of such actions, and setting forth the num-
Page 359
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1254
ber of persons trained, the occupational cat-
egories for which training was provided, the ef-
fectiveness of other Federal, State, and local
training programs in this field, together with es-
timates of future needs, recommendations on
improving training programs, and such other in-
formation and recommendations, including leg-
islative recommendations, as he deems appro-
priate.
(h) Lake pollution
The Administrator is authorized to enter into
contracts with, or make grants to, public or pri-
vate agencies and organizations and individuals
for (A) the purpose of developing and dem-
onstrating new or improved methods for the pre-
vention, removal, reduction, and elimination of
pollution in lakes, including the undesirable ef-
fects of nutrients and vegetation, and (B) the
construction of publicly owned research facili-
ties 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, experi-
ments, and demonstrations as he deems appro-
priate, 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 haz-
ardous substances spills.
In carrying out this subsection, the Adminis-
trator may enter into contracts with, or make
grants to, public or private agencies and organi-
zations 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 demonstra-
tions as he deems appropriate relative to equip-
ment which is to be installed on board a vessel
and is designed to receive, retain, treat, or dis-
charge 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 rec-
reational vessels. The Secretary of the depart-
ment in which the Coast Guard is operating
shall report to Congress the results of such re-
search, studies, experiments, and demonstra-
tions prior to the effective date of any regula-
tions established under section 1322 of this title.
In carrying out this subsection the Secretary of
the department in which the Coast Guard is op-
erating may enter into contracts with, or make
grants to, public or private organizations and in-
dividuals.
(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 Ad-
ministrator may acquire land and interests
therein by purchase, with appropriated or do-
nated funds, by donation, or by exchange for ac-
quired 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 equal-
ized 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 pes-
ticides in water
(1) The Administrator shall, after consultation
with appropriate local, State, and Federal agen-
cies, public and private organizations, and inter-
ested 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 vary-
ing quantities. He shall revise and add to such
information whenever necessary to reflect devel-
oping 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 to-
gether with his recommendations for any nec-
essary 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 gen-
erated, the nature and quality of such oil,
present collecting methods and disposal prac-
tices, and alternate uses of such oil; (B) the
long-term, chronic biological effects of the dis-
posal 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 procure-
ment, on a priority basis, of products made from
such oil. In conducting such study, the Adminis-
trator shall consult with affected industries and
other persons.
(2) The Administrator shall report the prelimi-
nary 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,
Page 360
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1254
and with other appropriate Federal, State,
interstate, or local public bodies and private or-
ganizations, institutions, and individuals, con-
duct and promote, and encourage contributions
to, continuing comprehensive studies of the ef-
fects of pollution, including sedimentation, in
the estuaries and estuarine zones of the United
States on fish and wildlife, on sport and com-
mercial fishing, on recreation, on water supply
and water power, and on other beneficial pur-
poses. Such studies shall also consider the effect
of demographic trends, the exploitation of min-
eral resources and fossil fuels, land and indus-
trial development, navigation, flood and erosion
control, and other uses of estuaries and estua-
rine zones upon the pollution of the waters
therein.
(2) In conducting such studies, the Adminis-
trator shall assemble, coordinate, and organize
all existing pertinent information on the Na-
tion’s estuaries and estuarine zones; carry out a
program of investigations and surveys to supple-
ment existing information in representative es-
tuaries and estuarine zones; and identify the
problems and areas where further research and
study are required.
(3) The Administrator shall submit to Con-
gress, 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 tran-
sitional 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, incen-
tives, pricing policy, and other methods of re-
ducing 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 di-
rected to develop devices, systems, policies, and
methods capable of achieving the maximum re-
duction of unnecessary water consumption.
(2) The Administrator shall report the prelimi-
nary results of such studies and investigations
to the Congress within one year after October 18,
1972, and annually thereafter in the report re-
quired under subsection (a) of section 1375 of
this title. Such report shall include rec-
ommendations 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, poli-
cies, or other methods and also shall reflect esti-
mates 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 co-
operation with the Secretary of Agriculture,
other Federal agencies, and the States, carry
out a comprehensive study and research pro-
gram to determine new and improved methods
and the better application of existing methods
of preventing, reducing, and eliminating pollu-
tion from agriculture, including the legal, eco-
nomic, and other implications of the use of such
methods.
(q) Sewage in rural areas; national clearinghouse
for alternative treatment information; clear-
inghouse on small flows
(1) The Administrator shall conduct a com-
prehensive program of research and investiga-
tion and pilot project implementation into new
and improved methods of preventing, reducing,
storing, collecting, treating, or otherwise elimi-
nating pollution from sewage in rural and other
areas where collection of sewage in conven-
tional, communitywide sewage collection sys-
tems is impractical, uneconomical, or otherwise
infeasible, or where soil conditions or other fac-
tors preclude the use of septic tank and drainage
field systems.
(2) The Administrator shall conduct a com-
prehensive program of research and investiga-
tion 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, dem-
onstrations, and other projects funded under
this chapter related to paragraph (1) of this sub-
section 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 meth-
ods 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, institu-
tions, universities, and persons.
(4) SMALL
FLOWS
CLEARINGHOUSE.—Notwith-
standing 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 ob-
ligated 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 Protec-
tion Agency to collect and disseminate informa-
tion on small flows of sewage and innovative or
alternative wastewater treatment processes and
Page 361
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1254
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 re-
ferred 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 edu-
cation (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 re-
lationship between river uses and land uses, and
the effects of development within river basins on
river systems and on the value of water re-
sources 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 pri-
vate organizations, conduct continuing com-
prehensive studies of the effects and methods of
control of thermal discharges. In evaluating al-
ternative 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 ad-
verse effects and maximizing beneficial effects
of thermal discharges. The results of these stud-
ies shall be reported by the Administrator as
soon as practicable, but not later than 270 days
after October 18, 1972, and shall be made avail-
able 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 fis-
cal year ending June 30, 1973, the fiscal year end-
ing 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 activ-
ity 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 fis-
cal 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 fis-
cal 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 ex-
ceed $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 car-
rying 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 offi-
cials (including local health officials), the Ad-
ministrator 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 informa-
tion for use in developing—
(1) an assessment of potential human health
risks resulting from exposure to pathogens in
coastal recreation waters, including non-
gastrointestinal 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 cri-
teria 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 or-
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TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1254
ganization 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 effec-
tive, 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 Stat-
utes on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982,
96 Stat. 1067, which Act enacted Title 31, Money and Fi-
nance, 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), sub-
stituted ‘‘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 Amend-
ment 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 Con-
gress’’ 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 di-
rected 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 sec-
tion 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, respec-
tively; 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 appro-
priation of not to exceed $14,039,000 for fiscal year end-
ing Sept. 30, 1980 and prohibited use of authorizations
for any research, development, or demonstration activ-
ity 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 fis-
cal 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 fis-
cal 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 ‘‘fis-
cal 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), sub-
stituted ‘‘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’’.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘United States Geological Survey’’ substituted for
‘‘Geological Survey’’ in subsec. (a)(5) pursuant to provi-
sion of title I of Pub. L. 102–154, set out as a note under
section 31 of Title 43, Public Lands.
‘‘Secretary of Health and Human Services’’ sub-
stituted for ‘‘Secretary of Health, Education, and Wel-
fare’’ in subsec. (c) pursuant to section 509(b) of Pub. L.
96–88 which is classified to section 3508(b) of Title 20,
Education.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107–303, title III, § 302(b), Nov. 27, 2002, 116
Stat. 2361, provided that:
‘‘(1) IN GENERAL.—Effective November 10, 1998, section
501 of the Federal Reports Elimination Act of 1998 (Pub-
lic Law 105–362; 112 Stat. 3283) is amended by striking
subsections (a) [amending this section and section 1330
of this title], (b) [amending section 1324 of this title],
(c) [amending section 1329 of this title], and (d) [amend-
ing this section and sections 1266, 1285, 1290, and 1375 of
this title].
‘‘(2) APPLICABILITY.—The Federal Water Pollution
Control Act (33 U.S.C. 1254(n)(3)) [33 U.S.C. 1251 et seq.]
shall be applied and administered on and after the date
of enactment of this Act [Nov. 27, 2002] as if the amend-
ments made by subsections (a), (b), (c), and (d) of sec-
tion 501 of the Federal Reports Elimination Act of 1998
(Public Law 105–362; 112 Stat. 3283) had not been en-
acted.’’
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
Page 363
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1255
1 So in original.
and functions of the Secretary of Transportation relat-
ing 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 Secu-
rity, and the Department of Homeland Security Reor-
ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
COLUMBIA RIVER BASIN SYSTEM; PROTECTION FROM OIL
SPILLS
AND DISCHARGES; CRITERIA
FOR EVALUATION
AND REPORT TO CONGRESS BY COMMANDANT OF COAST
GUARD IN CONSULTATION WITH FEDERAL, ETC., AGEN-
CIES
Pub. L. 95–308, § 8, June 30, 1978, 92 Stat. 359, set forth
Congressional findings and declarations and evaluation
criteria with respect to protection from oil spills and
discharges and betterment of the Columbia River Basin
system, with such evaluation by the Commandant of
the Coast Guard to begin within 180 days after June 30,
1978, and immediate submission of the evaluation to ap-
propriate Congressional committees.
COMMUNICATION
Pub. L. 117–58, div. E, title II, § 50201(b), Nov. 15, 2021,
135 Stat. 1158, provided that: ‘‘Each nonprofit organiza-
tion that receives funding under paragraph (8) of sec-
tion 104(b) of the Federal Water Pollution Control Act
(33 U.S.C. 1254(b)) shall, before using that funding to
undertake activities to carry out that paragraph, con-
sult with the State in which the assistance is to be ex-
pended or otherwise made available.’’
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 Depart-
ment, related to compliance with this chapter with re-
spect to pre-construction, construction, and initial op-
eration of transportation system for Canadian and
Alaskan natural gas were transferred to the Federal In-
spector, Office of Federal Inspector for the Alaska Nat-
ural Gas Transportation System, until the first anni-
versary of date of initial operation of the Alaska Nat-
ural 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. Of-
fice of Federal Inspector for the Alaska Natural Gas
Transportation System abolished and functions and au-
thority 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. Func-
tions and authority vested in Secretary of Energy sub-
sequently transferred to Federal Coordinator for Alas-
ka 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.
§ 1254a. Research on effects of pollutants
In carrying out the provisions of section
1254(a) of this title, the Administrator shall con-
duct research on the harmful effects on the
health and welfare of persons caused by pollut-
ants in water, in conjunction with the United
States Fish and Wildlife Service, the National
Oceanic and Atmospheric Administration, and
other Federal, State, and interstate agencies
carrying on such research. Such research shall
include, and shall place special emphasis on, the
effect that bioaccumulation of these pollutants
in aquatic species has upon reducing the value
of aquatic commercial and sport industries.
Such research shall further study methods to re-
duce and remove these pollutants from the rel-
evant affected aquatic species so as to restore
and enhance these valuable resources.
(Pub. L. 100–4, title I, § 105, Feb. 4, 1987, 101 Stat.
15.)
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.
Statutory Notes and Related Subsidiaries
DEFINITION
Administrator means the Administrator of the Envi-
ronmental Protection Agency, see section 1(d) of Pub.
L. 100–4, set out as a note under section 1251 of this
title.
§ 1255. Grants for research and development
(a) Demonstration projects covering storm wa-
ters, advanced waste treatment and water
purification methods, and joint treatment
systems for municipal and industrial wastes
The Administrator is authorized to conduct in
the Environmental Protection Agency, and to
make grants to any State, municipality, or
intermunicipal or interstate agency for the pur-
pose of assisting in the development of—
(1) any project which will demonstrate a new
or improved method of preventing, reducing,
and eliminating the discharge into any waters
of pollutants from sewers which carry storm
water or both storm water and pollutants; or
(2) any project which will demonstrate ad-
vanced waste treatment and water purifi-
cation methods (including the temporary use
of new or improved chemical additives which
provide substantial immediate improvements
to existing treatment processes), or new or im-
proved methods of joint treatment systems for
municipal and industrial wastes;
and to include in such grants such amounts as
are necessary for the purpose of reports, plans,
and specifications in connection therewith.
(b) Demonstration projects for advanced treat-
ment and environmental enhancement tech-
niques to control pollution in river basins
The Administrator is authorized to make
grants to any State or States or interstate agen-
cy 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 pre-
vention of water pollution by industry
In order to carry out the purposes of section
1311 of this title, the Administrator is author-
ized to (1) conduct in the Environmental Protec-
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for achievement of objective** The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter—
(1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985;
(2) it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983;
(3) it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited;
(4) it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works;
(5) it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of sources of pollutants in each State;
(6) it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of pollutants into the navigable waters, waters of the contiguous zone, and the oceans; and
(7) it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this chapter to be met through the control of both point and nonpoint sources of pollution.
**(b) Congressional recognition, preservation, and protection of primary responsibilities and rights of States** It is the policy
Stored review status: release_metadata_unconfirmed. The source passage cites 33 U.S.C. § 1251. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1251. Congressional declaration of goals and
policy
(a) Restoration and maintenance of chemical,
physical and biological integrity of Nation’s
waters; national goals for achievement of ob-
jective
The objective of this chapter is to restore and
maintain the chemical, physical, and biological
integrity of the Nation’s waters. In order to
achieve this objective it is hereby declared that,
consistent with the provisions of this chapter—
(1) it is the national goal that the discharge
of pollutants into the navigable waters be
eliminated by 1985;
(2) it is the national goal that wherever at-
tainable, an interim goal of water quality
which provides for the protection and propaga-
tion of fish, shellfish, and wildlife and provides
for recreation in and on the water be achieved
by July 1, 1983;
(3) it is the national policy that the dis-
charge of toxic pollutants in toxic amounts be
prohibited;
(4) it is the national policy that Federal fi-
nancial assistance be provided to construct
publicly owned waste treatment works;
(5) it is the national policy that areawide
waste treatment management planning proc-
esses be developed and implemented to assure
adequate control of sources of pollutants in
each State;
(6) it is the national policy that a major re-
search and demonstration effort be made to
develop technology necessary to eliminate the
discharge of pollutants into the navigable wa-
ters, waters of the contiguous zone, and the
oceans; and
(7) it is the national policy that programs
for the control of nonpoint sources of pollu-
tion be developed and implemented in an expe-
ditious manner so as to enable the goals of
this chapter to be met through the control of
both point and nonpoint sources of pollution.
(b) Congressional recognition, pre
Stored review status: historical_2024_not_currentness_verified. The source passage cites 33 U.S.C. § 1251. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of national programs; cooperation; investigations; water quality surveillance system; reports** The Administrator shall establish national programs for the prevention, reduction, and elimination of pollution and as part of such programs shall—
(1) in cooperation with other Federal, State, and local agencies, conduct and promote the coordination and acceleration of, research, investigations, experiments, training, demonstrations, surveys, and studies relating to the causes, effects, extent, prevention, reduction, and elimination of pollution;
(2) encourage, cooperate with, and render technical services to pollution control agencies and other appropriate public or private agencies, institutions, and organizations, and individuals, including the general public, in the conduct of activities referred to in paragraph (1) of this subsection;
(3) conduct, in cooperation with State water pollution control agencies and other interested agencies, organizations and persons, public investigations concerning the pollution of any navigable waters, and report on the results of such investigations;
(4) establish advisory committees composed of recognized experts in various aspects of pollution and representatives of the public to assist in the examination and evaluation of research progress and proposals and to avoid duplication of research;
(5) in cooperation with the States, and their political subdivisions, and other Federal agencies establish, equip, and maintain a water quality surveillance system for the purpose of monitoring the quality of the navigable waters and ground waters and the contiguous zone and the oceans and the Administrator shall, to the extent practicable, conduct such surveillance by utilizing the resources of the National Aeronautics and