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EXPCITE TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III - STANDARDS AND ENFORCEMENT
CITE 33 USC Sec. 1329
01/24/94
HEAD Sec. 1329. Nonpoint source management programs
STATUTE
State assessment reports
- Contents The Governor of each State shall, after notice and opportunity
for public comment, prepare and submit to the Administrator for approval,
a report which - identifies those navigable waters within the State which,
without additional action to control nonpoint sources of pollution, cannot
reasonably be expected to attain or maintain applicable water quality standards
or the goals and requirements of this chapter;
- identifies those categories and subcategories of nonpoint sources or, where
appropriate, particular nonpoint sources which add significant pollution to
each portion of the navigable waters identified under subparagraph (A) in
amounts which contribute to such portion not meeting such water quality standards
or such goals and requirements;
- describes the process, including intergovernmental coordination and public
participation, for identifying best management practices and measures to control
each category and subcategory of nonpoint sources and, where appropriate,
particular nonpoint sources identified under subparagraph (B) and to reduce,
to the maximum extent practicable, the level of pollution resulting from such
category, subcategory, or source; and
- identifies and describes State and local programs for controlling pollution
added from nonpoint sources to, and improving the quality of, each such portion
of the navigable waters, including but not limited to those programs which
are receiving Federal assistance under subsections (h) and (i) of this section.
- Information used in preparation In developing the report required by this
section, the State (A) may rely upon information developed pursuant to sections
1288, 1313(e), 1314(f), 1315(b), and 1324 of this title, and other information
as appropriate, and (B) may utilize appropriate elements of the waste treatment
management plans developed pursuant to sections 1288(b) and 1313 of this title,
to the extent such elements are consistent with and fulfill the requirements
of this section.
State management programs
In general The Governor of each State, for that State or in combination with
adjacent States, shall, after notice and opportunity for public comment, prepare
and submit to the Administrator for approval a management program which such
State proposes to implement in the first four fiscal years beginning after the
date of submission of such management program for controlling pollution added
from nonpoint sources to the navigable waters within the State and improving
the quality of such waters.
Specific contents Each management program proposed for implementation under
this subsection shall include each of the following:
- An identification of the best management practices and measures
which will be undertaken to reduce pollutant loadings resulting from each
category, subcategory, or particular nonpoint source designated under paragraph
(1)(B), taking into account the impact of the practice on ground water quality.
- An identification of programs (including, as appropriate, nonregulatory
or regulatory programs for enforcement, technical assistance, financial
assistance, education, training, technology transfer, and demonstration
projects) to achieve implementation of the best management practices by
the categories, subcategories, and particular nonpoint sources designated
under subparagraph (A).
- A schedule containing annual milestones for (i) utilization of the program
implementation methods identified in subparagraph (B), and (ii) implementation
of the best management practices identified in subparagraph (A) by the categories,
subcategories, or particular nonpoint sources designated under paragraph
(1)(B). Such schedule shall provide for utilization of the best management
practices at the earliest practicable date.
- A certification of the attorney general of the State or States (or the
chief attorney of any State water pollution control agency which has independent
legal counsel) that the laws of the State or States, as the case may be,
provide adequate authority to implement such management program or, if there
is not such adequate authority, a list of such additional authorities as
will be necessary to implement such management program. A schedule and commitment
by the State or States to seek such additional authorities as expeditiously
as practicable.
- Sources of Federal and other assistance and funding (other than assistance
provided under subsections (h) and (i) of this section) which will be available
in each of such fiscal years for supporting implementation of such practices
and measures and the purposes for which such assistance will be used in
each of such fiscal years.
- An identification of Federal financial assistance programs and Federal
development projects for which the State will review individual assistance
applications or development projects for their effect on water quality pursuant
to the procedures set forth in Executive Order 12372 as in effect on September
17, 1983, to determine whether such assistance applications or development
projects would be consistent with the program prepared under this subsection;
for the purposes of this subparagraph, identification shall not be limited
to the assistance programs or development projects subject to Executive
Order 12372 but may include any programs listed in the most recent Catalog
of Federal Domestic Assistance which may have an effect on the purposes
and objectives of the State's nonpoint source pollution management program.
- Utilization of local and private experts In developing and implementing
a management program under this subsection, a State shall, to the maximum
extent practicable, involve local public and private agencies and organizations
which have expertise in control of nonpoint sources of pollution.
- Development on watershed basis A State shall, to the maximum extent practicable,
develop and implement a management program under this subsection on a watershed-by-watershed
basis within such State.
- Administrative provisions
- Cooperation requirement Any report required by subsection (a) of this
section and any management program and report required by subsection (b)
of this section shall be developed in cooperation with local, substate regional,
and interstate entities which are actively planning for the implementation
of nonpoint source pollution controls and have either been certified by
the Administrator in accordance with section 1288 of this title, have worked
jointly with the State on water quality management planning under section
1285(j) of this title, or have been designated by the State legislative
body or Governor as water quality management planning agencies for their
geographic areas.
- Time period for submission of reports and management programs Each report
and management program shall be submitted to the Administrator during the
18-month period beginning on February 4, 1987.
- Approval or disapproval of reports and management programs
- Deadline Subject to paragraph (2), not later than 180 days after the date
of submission to the Administrator of any report or management program under
this section (other than subsections (h), (i), and (k) of this section),
the Administrator shall either approve or disapprove such report or management
program, as the case may be. The Administrator may approve a portion of
a management program under this subsection. If the Administrator does not
disapprove a report, management program, or portion of a management program
in such 180-day period, such report, management program, or portion shall
be deemed approved for purposes of this section.
- Procedure for disapproval If, after notice and opportunity for public
comment and consultation with appropriate Federal and State agencies and
other interested persons, the Administrator determines that -
- the proposed management program or any portion thereof does not meet the
requirements of subsection (b)(2) of this section or is not likely to satisfy,
in whole or in part, the goals and requirements of this chapter;
- adequate authority does not exist, or adequate resources are not available,
to implement such program or portion;
- the schedule for implementing such program or portion is not sufficiently
expeditious; or
- the practices and measures proposed in such program or portion are not
adequate to reduce the level of pollution in navigable waters in the State
resulting from nonpoint sources and to improve the quality of navigable
waters in the State; the Administrator shall within 6 months of the receipt
of the proposed program notify the State of any revisions or modifications
necessary to obtain approval. The State shall thereupon have an additional
3 months to submit its revised management program and the Administrator
shall approve or disapprove such revised program within three months of
receipt.
Failure of State to submit report If a Governor of a State does not submit
the report required by subsection (a) of this section within the period specified
by subsection (c)(2) of this section, the Administrator shall, within 30 months
after February 4, 1987, prepare a report for such State which makes the identifications
required by paragraphs (1)(A) and (1)(B) of subsection (a) of this section.
Upon completion of the requirement of the preceding sentence and after notice
and opportunity for comment, the Administrator shall report to Congress on his
actions pursuant to this section.
Local management programs; technical assistance If a State fails to submit
a management program under subsection (b) of this section or the Administrator
does not approve such a management program, a local public agency or organization
which has expertise in, and authority to, control water pollution resulting
from nonpoint sources in any area of such State which the Administrator determines
is of sufficient geographic size may, with approval of such State, request the
Administrator to provide, and the Administrator shall provide, technical assistance
to such agency or organization in developing for such area a management program
which is described in subsection (b) of this section and can be approved pursuant
to subsection (d) of this section. After development of such management program,
such agency or organization shall submit such management program to the Administrator
for approval. If the Administrator approves such management program, such agency
or organization shall be eligible to receive financial assistance under subsection
(h) of this section for implementation of such management program as if such
agency or organization were a State for which a report submitted under subsection
(a) of this section and a management program submitted under subsection (b)
of this section were approved under this section. Such financial assistance
shall be subject to the same terms and conditions as assistance provided to
a State under subsection (h) of this section.
Technical assistance for States Upon request of a State, the Administrator
may provide technical assistance to such State in developing a management program
approved under subsection (b) of this section for those portions of the navigable
waters requested by such State.
Interstate management conference
Convening of conference; notification; purpose If any portion of the navigable
waters in any State which is implementing a management program approved under
this section is not meeting applicable water quality standards or the goals
and requirements of this chapter as a result, in whole or in part, of pollution
from nonpoint sources in another State, such State may petition the Administrator
to convene, and the Administrator shall convene, a management conference of
all States which contribute significant pollution resulting from nonpoint sources
to such portion. If, on the basis of information available, the Administrator
determines that a State is not meeting applicable water quality standards or
the goals and requirements of this chapter as a result, in whole or in part,
of significant pollution from nonpoint sources in another State, the Administrator
shall notify such States. The Administrator may convene a management conference
under this paragraph not later than 180 days after giving such notification,
whether or not the State which is not meeting such standards requests such conference.
The purpose of such conference shall be to develop an agreement among such States
to reduce the level of pollution in such portion resulting from nonpoint sources
and to improve the water quality of such portion. Nothing in such agreement
shall supersede or abrogate rights to quantities of water which have been established
by interstate water compacts, Supreme Court decrees, or State water laws. This
subsection shall not apply to any pollution which is subject to the Colorado
River Basin Salinity Control Act (43 U.S.C. 1571 et seq.). The requirement that
the Administrator convene a management conference shall not be subject to the
provisions of section 1365 of this title.
State management program requirement To the extent that the States reach agreement
through such conference, the management programs of the States which are parties
to such agreements and which contribute significant pollution to the navigable
waters or portions thereof not meeting applicable water quality standards or
goals and requirements of this chapter will be revised to reflect such agreement.
Such management programs shall be consistent with Federal and State law.
Grant program
Grants for implementation of management programs Upon application of a State
for which a report submitted under subsection (a) of this section and a management
program submitted under subsection (b) of this section is approved under this
section, the Administrator shall make grants, subject to such terms and conditions
as the Administrator considers appropriate, under this subsection to such State
for the purpose of assisting the State in implementing such management program.
Funds reserved pursuant to section 1285(j)(5) of this title may be used to develop
and implement such management program.
Applications- An application for a grant under this subsection in any fiscal
year shall be in such form and shall contain such other information as the Administrator
may require, including an identification and description of the best management
practices and measures which the State proposes to assist, encourage, or require
in such year with the Federal assistance to be provided under the grant.
Federal share- The Federal share of the cost of each management program implemented
with Federal assistance under this subsection in any fiscal year shall not exceed
60 percent of the cost incurred by the State in implementing such management
program and shall be made on condition that the non-Federal share is provided
from non-Federal sources.
(4) Limitation on grant amounts Notwithstanding any other provision of this
subsection, not more than 15 percent of the amount appropriated to carry out
this subsection may be used to make grants to any one State, including any grants
to any local public agency or organization with authority to control pollution
from nonpoint sources in any area of such State.
Priority for effective mechanisms For each fiscal year beginning after September
30, 1987, the Administrator may give priority in making grants under this subsection,
and shall give consideration in determining the Federal share of any such grant,
to States which have implemented or are proposing to implement management programs
which will -
- control particularly difficult or serious nonpoint source pollution problems,
including, but not limited to, problems resulting from mining activities;
- implement innovative methods or practices for controlling nonpoint sources
of pollution, including regulatory programs where the Administrator deems
appropriate;
- control interstate nonpoint source pollution problems; or
- carry out ground water quality protection activities which the Administrator
determines are part of a comprehensive nonpoint source pollution control program,
including research, planning, ground water assessments, demonstration programs,
enforcement, technical assistance, education, and training to protect ground
water quality from nonpoint sources of pollution.
Availability for obligation- The funds granted to each State pursuant to this
subsection in a fiscal year shall remain available for obligation by such State
for the fiscal year for which appropriated. The amount of any such funds not
obligated by the end of such fiscal year shall be available to the Administrator
for granting to other States under this subsection in the next fiscal year.
Limitation on use of funds States may use funds from grants made pursuant to
this section for financial assistance to persons only to the extent that such
assistance is related to the costs of demonstration projects.
Satisfactory progress- No grant may be made under this subsection in any fiscal
year to a State which in the preceding fiscal year received a grant under this
subsection unless the Administrator determines that such State made satisfactory
progress in such preceding fiscal year in meeting the schedule specified by
such State under subsection (b)(2) of this section.
Maintenance of effort- No grant may be made to a State under this subsection
in any fiscal year unless such State enters into such agreements with the Administrator
as the Administrator may require to ensure that such State will maintain its
aggregate expenditures from all other sources for programs for controlling pollution
added to the navigable waters in such State from nonpoint sources and improving
the quality of such waters at or above the average level of such expenditures
in its two fiscal years preceding February 4, 1987.
Request for information- The Administrator may request such information, data,
and reports as he considers necessary to make the determination of continuing
eligibility for grants under this section.
Reporting and other requirements - Each State shall report to the Administrator
on an annual basis concerning (A) its progress in meeting the schedule of milestones
submitted pursuant to subsection (b)(2)(C) of this section, and (B) to the extent
that appropriate information is available, reductions in nonpoint source pollutant
loading and improvements in water quality for those navigable waters or watersheds
within the State which were identified pursuant to subsection (a)(1)(A) of this
section resulting from implementation of the management program.
Limitation on administrative costs For purposes of this subsection, administrative
costs in the form of salaries, overhead, or indirect costs for services provided
and charged against activities and programs carried out with a grant under this
subsection shall not exceed in any fiscal year 10 percent of the amount of the
grant in such year, except that costs of implementing enforcement and regulatory
activities, education, training, technical assistance, demonstration projects,
and technology transfer programs shall not be subject to this limitation.
Grants for protecting groundwater quality
Eligible applicants and activities - Upon application of a State for which
a report submitted under subsection (a) of this section and a plan submitted
under subsection (b) of this section is approved under this section, the Administrator
shall make grants under this subsection to such State for the purpose of assisting
such State in carrying out groundwater quality protection activities which the
Administrator determines will advance the State toward implementation of a comprehensive
nonpoint source pollution control program. Such activities shall include, but
not be limited to, research, planning, groundwater assessments, demonstration
programs, enforcement, technical assistance, education and training to protect
the quality of groundwater and to prevent contamination of groundwater from
nonpoint sources of pollution.
Applications - An application for a grant under this subsection shall be in
such form and shall contain such information as the Administrator may require.
Federal share; maximum amount - The Federal share of the cost of assisting
a State in carrying out groundwater protection activities in any fiscal year
under this subsection shall be 50 percent of the costs incurred by the State
in carrying out such activities, except that the maximum amount of Federal assistance
which any State may receive under this subsection in any fiscal year shall not
exceed $150,000.
(4) Report The Administrator shall include in each report transmitted under
subsection (m) of this section a report on the activities and programs implemented
under this subsection during the preceding fiscal year.
Authorization of appropriations There is authorized to be appropriated to carry
out subsections (h) and (i) of this section not to exceed $70,000,000 for fiscal
year 1988, $100,000,000 per fiscal year for each of fiscal years 1989 and 1990,
and $130,000,000 for fiscal year 1991; except that for each of such fiscal years
not to exceed $7,500,000 may be made available to carry out subsection (i) of
this section. Sums appropriated pursuant to this subsection shall remain available
until expended.
Consistency of other programs and projects with management programs The Administrator
shall transmit to the Office of Management and Budget and the appropriate Federal
departments and agencies a list of those assistance programs and development
projects identified by each State under subsection (b)(2)(F) of this section
for which individual assistance applications and projects will be reviewed pursuant
to the procedures set forth in Executive Order 12372 as in effect on September
17, 1983. Beginning not later than sixty days after receiving notification by
the Administrator, each Federal department and agency shall modify existing
regulations to allow States to review individual development projects and assistance
applications under the identified Federal assistance programs and shall accommodate,
according to the requirements and definitions of Executive Order 12372, as in
effect on September 17, 1983, the concerns of the State regarding the consistency
of such applications or projects with the State nonpoint source pollution management
program.
Collection of information - The Administrator shall collect and make available,
through publications and other appropriate means, information pertaining to
management practices and implementation methods, including, but not limited
to, (1) information concerning the costs and relative efficiencies of best management
practices for reducing nonpoint source pollution; and (2) available data concerning
the relationship between water quality and implementation of various management
practices to control nonpoint sources of pollution.
Reports of Administrator
Annual reports Not later than January 1, 1988, and each January 1 thereafter,
the Administrator shall transmit to the Committee on Public Works and Transportation
of the House of Representatives and the Committee on Environment and Public
Works of the Senate, a report for the preceding fiscal year on the activities
and programs implemented under this section and the progress made in reducing
pollution in the navigable waters resulting from nonpoint sources and improving
the quality of such waters.
Final report - Not later than January 1, 1990, the Administrator shall transmit
to Congress a final report on the activities carried out under this section.
Such report, at a minimum, shall -
- describe the management programs being implemented by the States by types
and amount of affected navigable waters, categories and subcategories of nonpoint
sources, and types of best management practices being implemented;
- describe the experiences of the States in adhering to schedules and implementing
best management practices;
- describe the amount and purpose of grants awarded pursuant to subsections
(h) and (i) of this section;
- identify, to the extent that information is available, the progress made
in reducing pollutant loads and improving water quality in the navigable waters;
- indicate what further actions need to be taken to attain and maintain in
those navigable waters (i) applicable water quality standards, and (ii) the
goals and requirements of this chapter;
- include recommendations of the Administrator concerning future programs
(including enforcement programs) for controlling pollution from nonpoint sources;
and
- identify the activities and programs of departments, agencies, and instrumentalities
of the United States which are inconsistent with the management programs submitted
by the States and recommend modifications so that such activities and programs
are consistent with and assist the States in implementation of such management
programs.
Set aside for administrative personnel Not less than 5 percent of the funds
appropriated pursuant to subsection (j) of this section for any fiscal year
shall be available to the Administrator to maintain personnel levels at the
Environmental Protection Agency at levels which are adequate to carry out this
section in such year. SOURCE
(June 30, 1948, ch. 758, title III, Sec. 319, as added Feb. 4, 1987, Pub. L.
100-4, title III, Sec. 316(a), 101 Stat. 52.)
REFTEXT
REFERENCES IN TEXT
Executive Order 12372, referred to in subsecs. (b)(2)(F) and (k), is Ex. Ord.
No. 12372, July 14, 1982, 47 F.R. 30959, as amended, which is set out under
section 6506 of Title 31, Money and Finance.
The Colorado River Basin Salinity Control Act, referred to in subsec. (g)(1),
is Pub. L. 93-320, June 24, 1974, 88 Stat. 266, as amended, which is classified
principally to chapter 32A (Sec. 1571 et seq.) of Title 43, Public Lands. For
complete classification of this Act to the Code, see Short Title note set out
under section 1571 of Title 43 and Tables.
SECREF
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1268, 1270, 1281, 1285, 1314, 1330,
1377, 1381, 1383, 1386, 1414b of this title; title 16 sections 1455b, 3838c.
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