33 USC 1271 (Clean Water Act)

33USC1271.txt

National Survey on Recreation and the Environment

33 USC 1271 (Clean Water Act)

OMB: 0596-0127

Document [txt]
Download: txt | pdf
WAIS Document RetrievalFrom the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 20, 2004]
[Document not affected by Public Laws enacted between
  January 20, 2004 and December 23, 2004]
[CITE: 33USC1251]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
           CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
 
               SUBCHAPTER I--RESEARCH AND RELATED PROGRAMS
 
Sec. 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 of the Congress to recognize, preserve, and protect 
the primary responsibilities and rights of States to prevent, reduce, 
and eliminate pollution, to plan the development and use (including 
restoration, preservation, and enhancement) of land and water resources, 
and to consult with the Administrator in the exercise of his authority 
under this chapter. It is the policy of Congress that the States manage 
the construction grant program under this chapter and implement the 
permit programs under sections 1342 and 1344 of this title. It is 
further the policy of the Congress to support and aid research relating 
to the prevention, reduction, and elimination of pollution and to 
provide Federal technical services and financial aid to State and 
interstate agencies and municipalities in connection with the 
prevention, reduction, and elimination of pollution.

(c) Congressional policy toward Presidential activities with foreign 
        countries

    It is further the policy of Congress that the President, acting 
through the Secretary of State and such national and international 
organizations as he determines appropriate, shall take such action as 
may be necessary to insure that to the fullest extent possible all 
foreign countries shall take meaningful action for the prevention, 
reduction, and elimination of pollution in their waters and in 
international waters and for the achievement of goals regarding the 
elimination of discharge of pollutants and the improvement of water 
quality to at least the same extent as the United States does under its 
laws.

(d) Administrator of Environmental Protection Agency to administer 
        chapter

    Except as otherwise expressly provided in this chapter, the 
Administrator of the Environmental Protection Agency (hereinafter in 
this chapter called ``Administrator'') shall administer this chapter.

(e) Public participation in development, revision, and enforcement of 
        any regulation, etc.

    Public participation in the development, revision, and enforcement 
of any regulation, standard, effluent limitation, plan, or program 
established by the Administrator or any State under this chapter shall 
be provided for, encouraged, and assisted by the Administrator and the 
States. The Administrator, in cooperation with the States, shall develop 
and publish regulations specifying minimum guidelines for public 
participation in such processes.

(f) Procedures utilized for implementing chapter

    It is the national policy that to the maximum extent possible the 
procedures utilized for implementing this chapter shall encourage the 
drastic minimization of paperwork and interagency decision procedures, 
and the best use of available manpower and funds, so as to prevent 
needless duplication and unnecessary delays at all levels of government.

(g) Authority of States over water

    It is the policy of Congress that the authority of each State to 
allocate quantities of water within its jurisdiction shall not be 
superseded, abrogated or otherwise impaired by this chapter. It is the 
further policy of Congress that nothing in this chapter shall be 
construed to supersede or abrogate rights to quantities of water which 
have been established by any State. Federal agencies shall co-operate 
with State and local agencies to develop comprehensive solutions to 
prevent, reduce and eliminate pollution in concert with programs for 
managing water resources.

(June 30, 1948, ch. 758, title I, Sec. 101, as added Pub. L. 92-500, 
Sec. 2, Oct. 18, 1972, 86 Stat. 816; amended Pub. L. 95-217, Secs. 5(a), 
26(b), Dec. 27, 1977, 91 Stat. 1567, 1575; Pub. L. 100-4, title III, 
Sec. 316(b), Feb. 4, 1987, 101 Stat. 60.)


                               Amendments

    1987--Subsec. (a)(7). Pub. L. 100-4 added par. (7).
    1977--Subsec. (b). Pub. L. 95-217, Sec. 26(b), inserted provisions 
expressing Congressional policy that the States manage the construction 
grant program under this chapter and implement the permit program under 
sections 1342 and 1344 of this title.
    Subsec. (g). Pub. L. 95-217, Sec. 5(a), added subsec. (g).


                      Short Title of 2002 Amendment

    Pub. L. 107-303, Sec. 1(a), Nov. 27, 2002, 116 Stat. 2355, provided 
that: ``This Act [enacting section 1271a of this title, amending 
sections 1254, 1266, 1268, 1270, 1285, 1290, 1324, 1329, 1330, and 1375 
of this title, enacting provisions set out as notes under this section, 
section 1254 of this title, and section 1113 of Title 31, Money and 
Finance, and repealing provisions set out as a note under section 50 of 
Title 20, Education] may be cited as the `Great Lakes and Lake Champlain 
Act of 2002'.''
    Pub. L. 107-303, title I, Sec. 101, Nov. 27, 2002, 116 Stat. 2355, 
provided that: ``This title [enacting section 1271a of this title and 
amending section 1268 of this title] may be cited as the `Great Lakes 
Legacy Act of 2002'.''
    Pub. L. 107-303, title II, Sec. 201, Nov. 27, 2002, 116 Stat. 2358, 
provided that: ``This title [amending section 1270 of this title] may be 
cited as the `Daniel Patrick Moynihan Lake Champlain Basin Program Act 
of 2002'.''


                     Short Title of 2000 Amendments

    Pub. L. 106-457, title II, Sec. 201, Nov. 7, 2000, 114 Stat. 1967, 
provided that: ``This title [amending section 1267 of this title and 
enacting provisions set out as a note under section 1267 of this title] 
may be cited as the `Chesapeake Bay Restoration Act of 2000'.''
    Pub. L. 106-457, title IV, Sec. 401, Nov. 7, 2000, 114 Stat. 1973, 
provided that: ``This title [amending section 1269 of this title] may be 
cited as the `Long Island Sound Restoration Act'.''
    Pub. L. 106-457, title V, Sec. 501, Nov. 7, 2000, 114 Stat. 1973, 
provided that: ``This title [enacting section 1273 of this title] may be 
cited as the `Lake Pontchartrain Basin Restoration Act of 2000'.''
    Pub. L. 106-457, title VI, Sec. 601, Nov. 7, 2000, 114 Stat. 1975, 
provided that: ``This title [enacting section 1300 of this title] may be 
cited as the `Alternative Water Sources Act of 2000'.''
    Pub. L. 106-284, Sec. 1, Oct. 10, 2000, 114 Stat. 870, provided 
that: ``This Act [enacting sections 1346 and 1375a of this title and 
amending sections 1254, 1313, 1314, 1362, and 1377 of this title] may be 
cited as the `Beaches Environmental Assessment and Coastal Health Act of 
2000'.''


                      Short Title of 1994 Amendment

    Pub. L. 103-431, Sec. 1, Oct. 31, 1994, 108 Stat. 4396, provided 
that: ``This Act [amending section 1311 of this title] may be cited as 
the `Ocean Pollution Reduction Act'.''


                      Short Title of 1990 Amendment

    Pub. L. 101-596, Sec. 1, Nov. 16, 1990, 104 Stat. 3000, provided 
that: ``This Act [enacting sections 1269 and 1270 of this title, 
amending sections 1268, 1324, and 1416 of this title, and enacting 
provisions set out as notes under this section and section 1270 of this 
title] may be cited as the `Great Lakes Critical Programs Act of 
1990'.''
    Pub. L. 101-596, title II, Sec. 201, Nov. 16, 1990, 104 Stat. 3004, 
provided that: ``This part [probably means title, enacting section 1269 
of this title and amending section 1416 of this title] may be cited as 
the `Long Island Sound Improvement Act of 1990'.''
    Pub. L. 101-596, title III, Sec. 301, Nov. 16, 1990, 104 Stat. 3006, 
provided that: ``This title [enacting section 1270 of this title, 
amending section 1324 of this title, and enacting provisions set out as 
a note under section 1270 of this title] may be cited as the `Lake 
Champlain Special Designation Act of 1990'.''


                      Short Title of 1988 Amendment

    Pub. L. 100-653, title X, Sec. 1001, Nov. 14, 1988, 102 Stat. 3835, 
provided that: ``This title [amending section 1330 of this title and 
enacting provisions set out as notes under section 1330 of this title] 
may be cited as the `Massachusetts Bay Protection Act of 1988'.''


                      Short Title of 1987 Amendment

    Section 1(a) of Pub. L. 100-4 provided that: ``This Act [enacting 
sections 1254a, 1267, 1268, 1281b, 1329, 1330, 1377, 1381 to 1387, and 
1414a of this title, amending this section and sections 1254, 1256, 
1262, 1281, 1282 to 1285, 1287, 1288, 1291, 1311 to 1313, 1314, 1317 to 
1322, 1324, 1342, 1344, 1345, 1361, 1362, 1365, 1369, 1375, and 1376 of 
this title, and enacting provisions set out as notes under this section, 
sections 1284, 1311, 1317, 1319, 1330, 1342, 1345, 1362, 1375, and 1414a 
of this title, and section 1962d-20 of Title 42, The Public Health and 
Welfare] may be cited as the `Water Quality Act of 1987'.''


                      Short Title of 1981 Amendment

    Pub. L. 97-117, Sec. 1, Dec. 29, 1981, 95 Stat. 1623, provided that: 
``This Act [enacting sections 1298, 1299, and 1313a of this title, 
amending sections 1281 to 1285, 1287, 1291, 1292, 1296, 1311, and 1314 
of this title, and enacting provisions set out as notes under sections 
1311 and 1375 of this title] may be cited as the `Municipal Wastewater 
Treatment Construction Grant Amendments of 1981'.''


                      Short Title of 1977 Amendment

    Section 1 of Pub. L. 95-217 provided: ``That this Act [enacting 
sections 1281a, 1294 to 1296, and 1297 of this title, amending this 
section and sections 1252, 1254 to 1256, 1259, 1262, 1263, 1281, 1282 to 
1288, 1291, 1292, 1311, 1314, 1315, 1317 to 1319, 1321 to 1324, 1328, 
1341, 1342, 1344, 1345, 1362, 1364, 1375, and 1376 of this title, 
enacting provisions set out as notes under this section and sections 
1284, 1286, 1314, 1321, 1342, 1344, and 1376 of this title, and amending 
provisions set out as a note under this section] may be cited as the 
`Clean Water Act of 1977'.''


                               Short Title

    Section 1 of Pub. L. 92-500 provided that: ``That this Act [enacting 
this chapter, amending section 24 of Title 12, Banks and Banking, 
sections 633 and 636 of Title 15, Commerce and Trade, and section 711 of 
former Title 31, Money and Finance, and enacting provisions set out as 
notes under this section and sections 1281 and 1361 of this title] may 
be cited as the `Federal Water Pollution Control Act Amendments of 
1972'.''
    Section 519, formerly section 518, of Act June 30, 1948, ch. 758, 
title V, as added Oct. 18, 1972, Pub. L. 92-500, Sec. 2, 86 Stat. 896, 
and amended Dec. 27, 1977, Pub. L. 95-217, Sec. 2, 91 Stat. 1566, and 
renumbered Sec. 519, Feb. 4, 1987, Pub. L. 100-4, title V, Sec. 506, 101 
Stat. 76, provided that: ``This Act [this chapter] may be cited as the 
`Federal Water Pollution Control Act' (commonly referred to as the Clean 
Water Act).''


                            Savings Provision

    Section 4 of Pub. L. 92-500 provided that:
    ``(a) No suit, action, or other proceeding lawfully commenced by or 
against the Administrator or any other officer or employee of the United 
States in his official capacity or in relation to the discharge of his 
official duties under the Federal Water Pollution Control Act as in 
effect immediately prior to the date of enactment of this Act [Oct. 18, 
1972] shall abate by reason of the taking effect of the amendment made 
by section 2 of this Act [which enacted this chapter]. The court may, on 
its own motion or that of any party made at any time within twelve 
months after such taking effect, allow the same to be maintained by or 
against the Administrator or such officer or employee.
    ``(b) All rules, regulations, orders, determinations, contracts, 
certifications, authorizations, delegations, or other actions duly 
issued, made, or taken by or pursuant to the Federal Water Pollution 
Control Act as in effect immediately prior to the date of enactment of 
this Act [Oct. 18, 1972], and pertaining to any functions, powers, 
requirements, and duties under the Federal Water Pollution Control Act 
as in effect immediately prior to the date of enactment of this Act 
[Oct. 18, 1972] shall continue in full force and effect after the date 
of enactment of this Act [Oct. 18, 1972] until modified or rescinded in 
accordance with the Federal Water Pollution Control Act as amended by 
this Act [this chapter].
    ``(c) The Federal Water Pollution Control Act as in effect 
immediately prior to the date of enactment of this Act [Oct. 18, 1972] 
shall remain applicable to all grants made from funds authorized for the 
fiscal year ending June 30, 1972, and prior fiscal years, including any 
increases in the monetary amount of any such grant which may be paid 
from authorizations for fiscal years beginning after June 30, 1972, 
except as specifically otherwise provided in section 202 of the Federal 
Water Pollution Control Act as amended by this Act [section 1282 of this 
title] and in subsection (c) of section 3 of this Act.''


                              Separability

    Section 512 of act June 30, 1948, ch. 758, title V, as added Oct. 
18, 1972, Pub. L. 92-500, Sec. 2, 86 Stat. 894, provided that: ``If any 
provision of this Act [this chapter], or the application of any 
provision of this Act [this chapter] to any person or circumstance, is 
held invalid, the application of such provision to other persons or 
circumstances, and the remainder of this Act [this chapter], shall not 
be affected thereby.''


                  National Shellfish Indicator Program

    Pub. L. 102-567, title III, Sec. 308, Oct. 29, 1992, 106 Stat. 4286; 
as amended by Pub. L. 105-362, title II, Sec. 201(b), Nov. 10, 1998, 112 
Stat. 3282, provided that:
    ``(a) Establishment of a Research Program.--The Secretary of 
Commerce, in cooperation with the Secretary of Health and Human Services 
and the Administrator of the Environmental Protection Agency, shall 
establish and administer a 5-year national shellfish research program 
(hereafter in this section referred to as the `Program') for the purpose 
of improving existing classification systems for shellfish growing 
waters using the latest technological advancements in microbiology and 
epidemiological methods. Within 12 months after the date of enactment of 
this Act [Oct. 29, 1992], the Secretary of Commerce, in cooperation with 
the advisory committee established under subsection (b) and the 
Consortium, shall develop a comprehensive 5-year plan for the Program 
which shall at a minimum provide for--
        ``(1) an environmental assessment of commercial shellfish 
    growing areas in the United States, including an evaluation of the 
    relationships between indicators of fecal contamination and human 
    enteric pathogens;
        ``(2) the evaluation of such relationships with respect to 
    potential health hazards associated with human consumption of 
    shellfish;
        ``(3) a comparison of the current microbiological methods used 
    for evaluating indicator bacteria and human enteric pathogens in 
    shellfish and shellfish growing waters with new technological 
    methods designed for this purpose;
        ``(4) the evaluation of current and projected systems for human 
    sewage treatment in eliminating viruses and other human enteric 
    pathogens which accumulate in shellfish;
        ``(5) the design of epidemiological studies to relate 
    microbiological data, sanitary survey data, and human shellfish 
    consumption data to actual hazards to health associated with such 
    consumption; and
        ``(6) recommendations for revising Federal shellfish standards 
    and improving the capabilities of Federal and State agencies to 
    effectively manage shellfish and ensure the safety of shellfish 
    intended for human consumption.
    ``(b) Advisory Committee.--(1) For the purpose of providing 
oversight of the Program on a continuing basis, an advisory committee 
(hereafter in this section referred to as the `Committee') shall be 
established under a memorandum of understanding between the Interstate 
Shellfish Sanitation Conference and the National Marine Fisheries 
Service.
    ``(2) The Committee shall--
        ``(A) identify priorities for achieving the purpose of the 
    Program;
        ``(B) review and recommend approval or disapproval of Program 
    work plans and plans of operation;
        ``(C) review and comment on all subcontracts and grants to be 
    awarded under the Program;
        ``(D) receive and review progress reports from the Consortium 
    and program subcontractors and grantees; and
        ``(E) provide such other advice on the Program as is 
    appropriate.
    ``(3) The Committee shall consist of at least ten members and shall 
include--
        ``(A) three members representing agencies having authority under 
    State law to regulate the shellfish industry, of whom one shall 
    represent each of the Atlantic, Pacific, and Gulf of Mexico 
    shellfish growing regions;
        ``(B) three members representing persons engaged in the 
    shellfish industry in the Atlantic, Pacific, and Gulf of Mexico 
    shellfish growing regions (who shall be appointed from among at 
    least six recommendations by the industry members of the Interstate 
    Shellfish Sanitation Conference Executive Board), of whom one shall 
    represent the shellfish industry in each region;
        ``(C) three members, of whom one shall represent each of the 
    following Federal agencies: the National Oceanic and Atmospheric 
    Administration, the Environmental Protection Agency, and the Food 
    and Drug Administration; and
        ``(D) one member representing the Shellfish Institute of North 
    America.
    ``(4) The Chairman of the Committee shall be selected from among the 
Committee members described in paragraph (3)(A).
    ``(5) The Committee shall establish and maintain a subcommittee of 
scientific experts to provide advice, assistance, and information 
relevant to research funded under the Program, except that no individual 
who is awarded, or whose application is being considered for, a grant or 
subcontract under the Program may serve on such subcommittee. The 
membership of the subcommittee shall, to the extent practicable, be 
regionally balanced with experts who have scientific knowledge 
concerning each of the Atlantic, Pacific, and Gulf of Mexico shellfish 
growing regions. Scientists from the National Academy of Sciences and 
appropriate Federal agencies (including the National Oceanic and 
Atmospheric Administration, Food and Drug Administration, Centers for 
Disease Control, National Institutes of Health, Environmental Protection 
Agency, and National Science Foundation) shall be considered for 
membership on the subcommittee.
    ``(6) Members of the Committee and its scientific subcommittee 
established under this subsection shall not be paid for serving on the 
Committee or subcommittee, but shall receive travel expenses as 
authorized by section 5703 of title 5, United States Code.
    ``(c) Contract With Consortium.--Within 30 days after the date of 
enactment of this Act [Oct. 29, 1992], the Secretary of Commerce shall 
seek to enter into a cooperative agreement or contract with the 
Consortium under which the Consortium will--
        ``(1) be the academic administrative organization and fiscal 
    agent for the Program;
        ``(2) award and administer such grants and subcontracts as are 
    approved by the Committee under subsection (b);
        ``(3) develop and implement a scientific peer review process for 
    evaluating grant and subcontractor applications prior to review by 
    the Committee;
        ``(4) in cooperation with the Secretary of Commerce and the 
    Committee, procure the services of a scientific project director;
        ``(5) develop and submit budgets, progress reports, work plans, 
    and plans of operation for the Program to the Secretary of Commerce 
    and the Committee; and
        ``(6) make available to the Committee such staff, information, 
    and assistance as the Committee may reasonably require to carry out 
    its activities.
    ``(d) Authorization of Appropriations.--(1) Of the sums authorized 
under section 4(a) of the National Oceanic and Atmospheric 
Administration Marine Fisheries Program Authorization Act (Public Law 
98-210; 97 Stat. 1409), there are authorized to be appropriated to the 
Secretary of Commerce $5,200,000 for each of the fiscal years 1993 
through 1997 for carrying out the Program. Of the amounts appropriated 
pursuant to this authorization, not more than 5 percent of such 
appropriation may be used for administrative purposes by the National 
Oceanic and Atmospheric Administration. The remaining 95 percent of such 
appropriation shall be used to meet the administrative and scientific 
objectives of the Program.
    ``(2) The Interstate Shellfish Sanitation Conference shall not 
administer appropriations authorized under this section, but may be 
reimbursed from such appropriations for its expenses in arranging for 
travel, meetings, workshops, or conferences necessary to carry out the 
Program.
    ``(e) Definitions.--As used in this section, the term--
        ``(1) `Consortium' means the Louisiana Universities Marine 
    Consortium; and
        ``(2) `shellfish' means any species of oyster, clam, or mussel 
    that is harvested for human consumption.''


                         Limitation on Payments

    Section 2 of Pub. L. 100-4 provided that: ``No payments may be made 
under this Act [see Short Title of 1987 Amendment note above] except to 
the extent provided in advance in appropriation Acts.''


  Seafood Processing Study; Submittal of Results to Congress not Later 
                          Than January 1, 1979

    Pub. L. 95-217, Sec. 74, Dec. 27, 1977, 91 Stat. 1609, provided that 
the Administrator of the Environmental Protection Agency conduct a study 
to examine the geographical, hydrological, and biological 
characteristics of marine waters to determine the effects of seafood 
processes which dispose of untreated natural wastes into such waters and 
to include in this study an examination of technologies which may be 
used in such processes to facilitate the use of the nutrients in these 
wastes or to reduce the discharge of such wastes into the marine 
environment and to submit the result of this study to Congress not later 
than Jan. 1, 1979.


                                Standards

    For provisions relating to the responsibility of the head of each 
Executive agency for compliance with applicable pollution control 
standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out 
as a note under section 4321 of Title 42, The Public Health and Welfare.


                             Oversight Study

    Section 5 of Pub. L. 92-500 authorized the Comptroller General of 
the United States to conduct a study and review of the research, pilot, 
and demonstration programs related to prevention and control of water 
pollution conducted, supported, or assisted by any Federal agency 
pursuant to any Federal law or regulation and assess conflicts between 
these programs and their coordination and efficacy, and to report to 
Congress thereon by Oct. 1, 1973.


                        International Trade Study

    Section 6 of Pub. L. 92-500 provided that:
    ``(a) The Secretary of Commerce, in cooperation with other 
interested Federal agencies and with representatives of industry and the 
public, shall undertake immediately an investigation and study to 
determine--
        ``(1) the extent to which pollution abatement and control 
    programs will be imposed on, or voluntarily undertaken by, United 
    States manufacturers in the near future and the probable short- and 
    long-range effects of the costs of such programs (computed to the 
    greatest extent practicable on an industry-by-industry basis) on (A) 
    the production costs of such domestic manufacturers, and (B) the 
    market prices of the goods produced by them;
        ``(2) the probable extent to which pollution abatement and 
    control programs will be implemented in foreign industrial nations 
    in the near future and the extent to which the production costs 
    (computed to the greatest extent practicable on an industry-by-
    industry basis) of foreign manufacturers will be affected by the 
    costs of such programs;
        ``(3) the probable competitive advantage which any article 
    manufactured in a foreign nation will likely have in relation to a 
    comparable article made in the United States if that foreign 
    nation--
            ``(A) does not require its manufacturers to implement 
        pollution abatement and control programs.
            ``(B) requires a lesser degree of pollution abatement and 
        control in its programs, or
            ``(C) in any way reimburses or otherwise subsidizes its 
        manufacturers for the costs of such program;
        ``(4) alternative means by which any competitive advantage 
    accruing to the products of any foreign nation as a result of any 
    factor described in paragraph (3) may be (A) accurately and quickly 
    determined, and (B) equalized, for example, by the imposition of a 
    surcharge or duty, on a foreign product in an amount necessary to 
    compensate for such advantage; and
        ``(5) the impact, if any, which the imposition of a compensating 
    tariff of other equalizing measure may have in encouraging foreign 
    nations to implement pollution and abatement control programs.
    ``(b) The Secretary shall make an initial report to the President 
and Congress within six months after the date of enactment of this 
section [Oct. 18, 1972] of the results of the study and investigation 
carried out pursuant to this section and shall make additional reports 
thereafter at such times as he deems appropriate taking into account the 
development of relevant data, but not less than once every twelve 
months.''


                        International Agreements

    Section 7 of Pub. L. 92-500 provided that: ``The President shall 
undertake to enter into international agreement to apply uniform 
standards of performance for the control of the discharge and emission 
of pollutants from new sources, uniform controls over the discharge and 
emission of toxic pollutants, and uniform controls over the discharge of 
pollutants into the ocean. For this purpose the President shall 
negotiate multilateral treaties, conventions, resolutions, or other 
agreements, and formulate, present, or support proposals at the United 
Nations and other appropriate international forums.''


                    National Policies and Goal Study

    Section 10 of Pub. L. 92-500 directed President to make a full and 
complete investigation and study of all national policies and goals 
established by law to determine what the relationship should be between 
these policies and goals, taking into account the resources of the 
Nation, and to report results of his investigation and study together 
with his recommendations to Congress not later than two years after Oct. 
18, 1972.


                            Efficiency Study

    Section 11 of Pub. L. 92-500 directed President, by utilization of 
the General Accounting Office, to conduct a full and complete 
investigation and study of ways and means of most effectively using all 
of the various resources, facilities, and personnel of the Federal 
Government in order to most efficiently carry out the provisions of this 
chapter and to report results of his investigation and study together 
with his recommendations to Congress not later than two hundred and 
seventy days after Oct. 18, 1972.


                           Sex Discrimination

    Section 13 of Pub. L. 92-500 provided that: ``No person in the 
United States shall on the ground of sex be excluded from participation 
in, be denied the benefits of, or be subjected to discrimination under 
any program or activity receiving Federal assistance under this Act [see 
Short Title note above] the Federal Water Pollution Control Act [this 
chapter], or the Environmental Financing Act [set out as a note under 
section 1281 of this title]. This section shall be enforced through 
agency provisions and rules similar to those already established, with 
respect to racial and other discrimination, under title VI of the Civil 
Rights Act of 1964 [section 2000d et seq. of Title 42, The Public Health 
and Welfare]. However, this remedy is not exclusive and will not 
prejudice or cut off any other legal remedies available to a 
discriminatee.''

                    Contiguous Zone of United States

    For extension of contiguous zone of United States, see Proc. No. 
7219, set out as a note under section 1331 of Title 43, Public Lands.

Prevention, Control, and Abatement of Environmental Pollution at Federal 
                               Facilities

    Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note 
under section 4321 of Title 42, The Public Health and Welfare, provides 
for the prevention, control, and abatement of environmental pollution at 
federal facilities.

                        Executive Order No. 11548

    Ex. Ord. No. 11548, July 20, 1970, 35 F.R. 11677, which related to 
the delegation of Presidential functions, was superseded by Ex. Ord. No. 
11735, Aug. 3, 1973, 38 F.R. 21243, formerly set out as a note under 
section 1321 of this title.

   Ex. Ord. No. 11742. Delegation of Functions to Secretary of State 
 Respecting the Negotiation of International Agreements Relating to the 
                     Enhancement of the Environment

    Ex. Ord. No. 11742, Oct. 23, 1973, 38 F.R. 29457, provided:
    Under and by virtue of the authority vested in me by section 301 of 
title 3 of the United States Code and as President of the United States, 
I hereby authorize and empower the Secretary of State, in coordination 
with the Council on Environmental Quality, the Environmental Protection 
Agency, and other appropriate Federal agencies, to perform, without the 
approval, ratification, or other action of the President, the functions 
vested in the President by Section 7 of the Federal Water Pollution 
Control Act Amendments of 1972 (Public Law 92-500; 86 Stat. 898) with 
respect to international agreements relating to the enhancement of the 
environment.
                                                          Richard Nixon.


                     Definition of ``Administrator''

    Section 1(d) of Pub. L. 100-4 provided that: ``For purposes of this 
Act [see Short Title of 1987 Amendment note above], the term 
`Administrator' means the Administrator of the Environmental Protection 
Agency.''


File Typetext/plain
File Modified0000-00-00
File Created0000-00-00

© 2024 OMB.report | Privacy Policy