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33 U.S.C. § 1254 — Research, investigations, training, and in-

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33 U.S.C. § 1254 — Research, investigations, training, and in-

§ 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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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, Page 358 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- Page 362 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-

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1251 — Congressional declaration of goals and policy

**(a) Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for achievement of objective** The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter— (1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985; (2) it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983; (3) it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited; (4) it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works; (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

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1251 — Congressional declaration of goals and

§ 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

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1254 — Research, investigations, training, and information

**(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

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