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33 U.S.C. § 1267 — Chesapeake Bay

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

33 U.S.C. § 1267 — Chesapeake Bay

**(a) Definitions** In this section, the following definitions apply: (1) **Administrative cost** — The term “administrative cost” means the cost of salaries and fringe benefits incurred in administering a grant under this section. (2) **Chesapeake Bay Agreement** — The term “Chesapeake Bay Agreement” means the formal, voluntary agreements executed to achieve the goal of restoring and protecting the Chesapeake Bay ecosystem and the living resources of the Chesapeake Bay ecosystem and signed by the Chesapeake Executive Council. (3) **Chesapeake Bay ecosystem** — The term “Chesapeake Bay ecosystem” means the ecosystem of the Chesapeake Bay and its watershed. (4) **Chesapeake Bay Program** — The term “Chesapeake Bay Program” means the program directed by the Chesapeake Executive Council in accordance with the Chesapeake Bay Agreement. (5) **Chesapeake Executive Council** — The term “Chesapeake Executive Council” means the signatories to the Chesapeake Bay Agreement. (6) **Signatory jurisdiction** — The term “signatory jurisdiction” means a jurisdiction of a signatory to the Chesapeake Bay Agreement. **(b) Continuation of Chesapeake Bay Program** (1) **In general** — In cooperation with the Chesapeake Executive Council (and as a member of the Council), the Administrator shall continue the Chesapeake Bay Program. (2) **Program Office** (A) *In general* — The Administrator shall maintain in the Environmental Protection Agency a Chesapeake Bay Program Office. (B) *Function* — The Chesapeake Bay Program Office shall provide support to the Chesapeake Executive Council by— (i) implementing and coordinating science, research, modeling, support services, monitoring, data collection, and other activities that support the Chesapeake Bay Program; (ii) developi

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Stable record: federal_law:legal_authorities:record_usc_908aefaccf6f97cf9e19dea4
Source file: Laws/federal/codes/united-states-code/title-33/section-1267-chesapeake-bay--6f19500fef.md
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Source location: Title 33, Chapter 26, § 1267; chapter-026-water-pollution-prevention-and-control.md

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**(a) Definitions** In this section, the following definitions apply: (1) **Administrative cost** — The term “administrative cost” means the cost of salaries and fringe benefits incurred in administering a grant under this section. (2) **Chesapeake Bay Agreement** — The term “Chesapeake Bay Agreement” means the formal, voluntary agreements executed to achieve the goal of restoring and protecting the Chesapeake Bay ecosystem and the living resources of the Chesapeake Bay ecosystem and signed by the Chesapeake Executive Council. (3) **Chesapeake Bay ecosystem** — The term “Chesapeake Bay ecosystem” means the ecosystem of the Chesapeake Bay and its watershed. (4) **Chesapeake Bay Program** — The term “Chesapeake Bay Program” means the program directed by the Chesapeake Executive Council in accordance with the Chesapeake Bay Agreement. (5) **Chesapeake Executive Council** — The term “Chesapeake Executive Council” means the signatories to the Chesapeake Bay Agreement. (6) **Signatory jurisdiction** — The term “signatory jurisdiction” means a jurisdiction of a signatory to the Chesapeake Bay Agreement. **(b) Continuation of Chesapeake Bay Program** (1) **In general** — In cooperation with the Chesapeake Executive Council (and as a member of the Council), the Administrator shall continue the Chesapeake Bay Program. (2) **Program Office** (A) *In general* — The Administrator shall maintain in the Environmental Protection Agency a Chesapeake Bay Program Office. (B) *Function* — The Chesapeake Bay Program Office shall provide support to the Chesapeake Executive Council by— (i) implementing and coordinating science, research, modeling, support services, monitoring, data collection, and other activities that support the Chesapeake Bay Program; (ii) developing and making available, through publications, technical assistance, and other appropriate means, information pertaining to the environmental quality and living resources of the Chesapeake Bay ecosystem; (iii) in cooperation with appropriate Federal, State, and local authorities, assisting the signatories to the Chesapeake Bay Agreement in developing and implementing specific action plans to carry out the responsibilities of the signatories to the Chesapeake Bay Agreement; (iv) coordinating the actions of the Environmental Protection Agency with the actions of the appropriate officials of other Federal agencies and State and local authorities in developing strategies to— (I) improve the water quality and living resources in the Chesapeake Bay ecosystem; and (II) obtain the support of the appropriate officials of the agencies and authorities in achieving the objectives of the Chesapeake Bay Agreement; and (v) implementing outreach programs for public information, education, and participation to foster stewardship of the resources of the Chesapeake Bay. **(c) Interagency agreements** The Administrator may enter into an interagency agreement with a Federal agency to carry out this section. **(d) Technical assistance and assistance grants** (1) **In general** — In cooperation with the Chesapeake Executive Council, the Administrator may provide technical assistance, and assistance grants, to nonprofit organizations, State and local governments, colleges, universities, and interstate agencies to carry out this section, subject to such terms and conditions as the Administrator considers appropriate. (2) **Federal share** (A) *In general* — Except as provided in subparagraph (B), the Federal share of an assistance grant provided under paragraph (1) shall be determined by the Administrator in accordance with guidance issued by the Administrator. (B) *Small watershed grants program* — The Federal share of an assistance grant provided under paragraph (1) to carry out an implementing activity under subsection (g)(2) shall not exceed 75 percent of eligible project costs, as determined by the Administrator. (3) **Non-Federal share** — An assistance grant under paragraph (1) shall be provided on the condition that non-Federal sources provide the remainder of eligible project costs, as determined by the Administrator. (4) **Administrative costs** — Administrative costs shall not exceed 10 percent of the annual grant award. **(e) Implementation and monitoring grants** (1) **In general** — If a signatory jurisdiction has approved and committed to implement all or substantially all aspects of the Chesapeake Bay Agreement, on the request of the chief executive of the jurisdiction, the Administrator— (A) shall make a grant to the jurisdiction for the purpose of implementing the management mechanisms established under the Chesapeake Bay Agreement, subject to such terms and conditions as the Administrator considers appropriate; and (B) may make a grant to a signatory jurisdiction for the purpose of monitoring the Chesapeake Bay ecosystem. (2) **Proposals** (A) *In general* — A signatory jurisdiction described in paragraph (1) may apply for a grant under this subsection for a fiscal year by submitting to the Administrator a comprehensive proposal to implement management mechanisms established under the Chesapeake Bay Agreement. (B) *Contents* — A proposal under subparagraph (A) shall include— (i) a description of proposed management mechanisms that the jurisdiction commits to take within a specified time period, such as reducing or preventing pollution in the Chesapeake Bay and its watershed or meeting applicable water quality standards or established goals and objectives under the Chesapeake Bay Agreement; and (ii) the estimated cost of the actions proposed to be taken during the fiscal year. (3) **Approval** — If the Administrator finds that the proposal is consistent with the Chesapeake Bay Agreement and the national goals established under [section 1251(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251/a&num=0&edition=prelim), the Administrator may approve the proposal for an award. (4) **Federal share** — The Federal share of a grant under this subsection shall not exceed 50 percent of the cost of implementing the management mechanisms during the fiscal year. (5) **Non-Federal share** — A grant under this subsection shall be made on the condition that non-Federal sources provide the remainder of the costs of implementing the management mechanisms during the fiscal year. (6) **Administrative costs** — Administrative costs shall not exceed 10 percent of the annual grant award. (7) **Reporting** — On or before October 1 of each fiscal year, the Administrator shall make available to the public a document that lists and describes, in the greatest practicable degree of detail— (A) all projects and activities funded for the fiscal year; (B) the goals and objectives of projects funded for the previous fiscal year; and (C) the net benefits of projects funded for previous fiscal years. **(f) Federal facilities and budget coordination** (1) **Subwatershed planning and restoration** — A Federal agency that owns or operates a facility (as defined by the Administrator) within the Chesapeake Bay watershed shall participate in regional and subwatershed planning and restoration programs. (2) **Compliance with agreement** — The head of each Federal agency that owns or occupies real property in the Chesapeake Bay watershed shall ensure that the property, and actions taken by the agency with respect to the property, comply with the Chesapeake Bay Agreement, the Federal Agencies Chesapeake Ecosystem Unified Plan, and any subsequent agreements and plans. (3) **Budget coordination** (A) *In general* — As part of the annual budget submission of each Federal agency with projects or grants related to restoration, planning, monitoring, or scientific investigation of the Chesapeake Bay ecosystem, the head of the agency shall submit to the President a report that describes plans for the expenditure of the funds under this section. (B) *Disclosure to the Council* — The head of each agency referred to in subparagraph (A) shall disclose the report under that subparagraph with the Chesapeake Executive Council as appropriate. **(g) Chesapeake Bay Program** (1) **Management strategies** — The Administrator, in coordination with other members of the Chesapeake Executive Council, shall ensure that management plans are developed and implementation is begun by signatories to the Chesapeake Bay Agreement to achieve and maintain— (A) the nutrient goals of the Chesapeake Bay Agreement for the quantity of nitrogen and phosphorus entering the Chesapeake Bay and its watershed; (B) the water quality requirements necessary to restore living resources in the Chesapeake Bay ecosystem; (C) the Chesapeake Bay Basinwide Toxins Reduction and Prevention Strategy goal of reducing or eliminating the input of chemical contaminants from all controllable sources to levels that result in no toxic or bioaccumulative impact on the living resources of the Chesapeake Bay ecosystem or on human health; (D) habitat restoration, protection, creation, and enhancement goals established by Chesapeake Bay Agreement signatories for wetlands, riparian forests, and other types of habitat associated with the Chesapeake Bay ecosystem; and (E) the restoration, protection, creation, and enhancement goals established by the Chesapeake Bay Agreement signatories for living resources associated with the Chesapeake Bay ecosystem. (2) **Small watershed grants program** — The Administrator, in cooperation with the Chesapeake Executive Council, shall— (A) establish a small watershed grants program as part of the Chesapeake Bay Program; and (B) offer technical assistance and assistance grants under subsection (d) to local governments and nonprofit organizations and individuals in the Chesapeake Bay region to implement— (i) cooperative tributary basin strategies that address the water quality and living resource needs in the Chesapeake Bay ecosystem; and (ii) locally based protection and restoration programs or projects within a watershed that complement the tributary basin strategies, including the creation, restoration, protection, or enhancement of habitat associated with the Chesapeake Bay ecosystem. **(h) Study of Chesapeake Bay Program** (1) **In general** — Not later than April 22, 2003, and every 5 years thereafter, the Administrator, in coordination with the Chesapeake Executive Council, shall complete a study and submit to Congress a comprehensive report on the results of the study. (2) **Requirements** — The study and report shall— (A) assess the state of the Chesapeake Bay ecosystem; (B) compare the current state of the Chesapeake Bay ecosystem with its state in 1975, 1985, and 1995; (C) assess the effectiveness of management strategies being implemented on November 7, 2000, and the extent to which the priority needs are being met; (D) make recommendations for the improved management of the Chesapeake Bay Program either by strengthening strategies being implemented on November 7, 2000, or by adopting new strategies; and (E) be presented in such a format as to be readily transferable to and usable by other watershed restoration programs. **(i) Special study of living resource response** (1) **In general** — Not later than 180 days after November 7, 2000, the Administrator shall commence a 5-year special study with full participation of the scientific community of the Chesapeake Bay to establish and expand understanding of the response of the living resources of the Chesapeake Bay ecosystem to improvements in water quality that have resulted from investments made through the Chesapeake Bay Program. (2) **Requirements** — The study shall— (A) determine the current status and trends of living resources, including grasses, benthos, phytoplankton, zooplankton, fish, and shellfish; (B) establish to the extent practicable the rates of recovery of the living resources in response to improved water quality condition; (C) evaluate and assess interactions of species, with particular attention to the impact of changes within and among trophic levels; and (D) recommend management actions to optimize the return of a healthy and balanced ecosystem in response to improvements in the quality and character of the waters of the Chesapeake Bay. (3) **Annual survey** — The Administrator shall carry out an annual survey of sea grasses in the Chesapeake Bay. **(j) Authorization of appropriations** There are authorized to be appropriated to carry out this section— (1) for fiscal year 2021, $90,000,000; (2) for fiscal year 2022, $90,500,000; (3) for fiscal year 2023, $91,000,000; (4) for fiscal year 2024, $91,500,000; (5) for fiscal year 2025, $92,000,000; and (6) for each of fiscal years 2026 through 2030, $92,000,000.

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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

16 U.S.C. § 1244 — National scenic and national historic trails

**(a) Establishment and designation; administration** National scenic and national historic trails shall be authorized and designated only by Act of Congress. There are hereby established the following National Scenic and National Historic Trails: (1) The Appalachian National Scenic Trail, a trail of approximately two thousand miles extending generally along the Appalachian Mountains from Mount Katahdin, Maine, to Springer Mountain, Georgia. Insofar as practicable, the right-of-way for such trail shall comprise the trail depicted on the maps identified as “Nationwide System of Trails, Proposed Appalachian Trail, NST–AT–101–May 1967”, which shall be on file and available for public inspection in the office of the Director of the National Park Service. Where practicable, such rights-of-way shall include lands protected for it under agreements in effect as of October 2, 1968, to which Federal agencies and States were parties. The Appalachian Trail shall be administered primarily as a footpath by the Secretary of the Interior, in consultation with the Secretary of Agriculture. (2) The Pacific Crest National Scenic Trail, a trail of approximately two thousand three hundred fifty miles, extending from the Mexican-California border northward generally along the mountain ranges of the west coast States to the Canadian-Washington border near Lake Ross, following the route as generally depicted on the map, identified as “Nationwide System of Trails, Proposed Pacific Crest Trail, NST–PC–103–May 1967” which shall be on file and available for public inspection in the office of the Chief of the Forest Service. The Pacific Crest Trail shall be administered by the Secretary of Agriculture, in consultation with the Secretary of the Interior. (3) The Oregon National Historic Trail, a

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

16 U.S.C. § 8201 — Purpose

The purpose of this chapter is to encourage partnerships among public agencies and other interested persons to promote fish conservation— (1) to achieve measurable habitat conservation results through strategic actions of Fish Habitat Partnerships that lead to better fish habitat conditions and increased fishing opportunities by— (A) improving ecological conditions; (B) restoring natural processes; or (C) preventing the decline of intact and healthy systems; (2) to establish a consensus set of national conservation strategies as a framework to guide future actions and investment by Fish Habitat Partnerships; (3) to broaden the community of support for fish habitat conservation by— (A) increasing fishing opportunities; (B) fostering the participation of local communities, especially young people in local communities, in conservation activities; and (C) raising public awareness of the role healthy fish habitat play in the quality of life and economic well-being of local communities; (4) to fill gaps in the National Fish Habitat Assessment and the associated database of the National Fish Habitat Assessment— (A) to empower strategic conservation actions supported by broadly available scientific information; and (B) to integrate socioeconomic data in the analysis to improve the lives of humans in a manner consistent with fish habitat conservation goals; and (5) to communicate to the public and conservation partners— (A) the conservation outcomes produced collectively by Fish Habitat Partnerships; and (B) new opportunities and voluntary approaches for conserving fish habitat.

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

33 U.S.C. § 2902 — Definitions

In this chapter, the following definitions apply: (1) **Council** — The term “Council” means the Estuary Habitat Restoration Council established by [section 2904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2904&num=0&edition=prelim). (2) **Estuary** — The term “estuary” means a part of a river or stream or other body of water that has an unimpaired connection with the open sea and where the sea water is measurably diluted with fresh water derived from land drainage. The term also includes near coastal waters and wetlands of the Great Lakes that are similar in form and function to estuaries, including the area located in the Great Lakes biogeographic region and designated as a National Estuarine Research Reserve under the Coastal Zone Management Act of 1972 ([16 U.S.C. 1451](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1451&num=0&edition=prelim) et seq.) as of November 7, 2000. (3) **Estuary habitat** — The term “estuary habitat” means the physical, biological, and chemical elements associated with an estuary, including the complex of physical and hydrologic features and living organisms within the estuary and associated ecosystems. (4) **Estuary habitat restoration activity** (A) *In general* — The term “estuary habitat restoration activity” means an activity that results in improving degraded estuaries or estuary habitat or creating estuary habitat (including both physical and functional restoration), with the goal of attaining a self-sustaining system integrated into the surrounding landscape. (B) *Included activities* — The term “estuary habitat restoration activity” includes— (i) the reestablishment of chemical, physical, hydrologic, and biological features and components as

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

33 U.S.C. § 1267 — Chesapeake Bay

Page 372 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1267 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–303 effective Nov. 10, 1998, and Federal Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and administered on and after Nov. 27, 2002, as if amendments made by section 501(a)–(d) of Pub. L. 105–362 had not been enacted, see section 302(b) of Pub. L. 107–303, set out as a note under section 1254 of this title. § 1267. Chesapeake Bay (a) Definitions In this section, the following definitions apply: (1) Administrative cost The term ‘‘administrative cost’’ means the cost of salaries and fringe benefits incurred in administering a grant under this section. (2) Chesapeake Bay Agreement The term ‘‘Chesapeake Bay Agreement’’ means the formal, voluntary agreements exe- cuted to achieve the goal of restoring and pro- tecting the Chesapeake Bay ecosystem and the living resources of the Chesapeake Bay eco- system and signed by the Chesapeake Execu- tive Council. (3) Chesapeake Bay ecosystem The term ‘‘Chesapeake Bay ecosystem’’ means the ecosystem of the Chesapeake Bay and its watershed. (4) Chesapeake Bay Program The term ‘‘Chesapeake Bay Program’’ means the program directed by the Chesapeake Exec- utive Council in accordance with the Chesa- peake Bay Agreement. (5) Chesapeake Executive Council The term ‘‘Chesapeake Executive Council’’ means the signatories to the Chesapeake Bay Agreement. (6) Signatory jurisdiction The term ‘‘signatory jurisdiction’’ means a jurisdiction of a signatory to the Chesapeake Bay Agreement. (b) Continuation of Chesapeake Bay Program (1) In general In cooperation with the Chesapeake Execu- tive Council (and as a member of the Council), the Administrato

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