33 U.S.C. § 1325 — National Study Commission

Page 550 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1325 1 See References in Text note below. year 1977, $60,000,000 for fiscal year 1978, $60,000,000 for fiscal year 1979, and $60,000,000 for fiscal year 1980’’ for ‘‘and $150,000,000 for the fiscal year 1975’’. 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. § 1325. National Study Commission (a) Establishment There is established a National Study Com- mission, which shall make a full and complete investigation and study of all of the techno- logical aspects of achieving, and all aspects of the total economic, social, and environmental effects of achieving or not achieving, the efflu- ent limitations and goals set forth for 1983 in section 1311(b)(2) of this title. (b) Membership; chairman Such Commission shall be composed of fifteen members, including five members of the Senate, who are members of the Environment and Pub- lic Works committee, appointed by the Presi- dent of the Senate, five members of the House, who are members of the Public Works and Transportation committee, appointed by the Speaker of the House, and five members of the public appointed by the President. The Chair- man of such Commission shall be elected from among its members. (c) Contract authority In the conduct of such study, the Commission is authorized to contract with the National Academy of Sciences and the National Academy of Engineering (acting through the National Re- search Council), the National Institute of Ecol- ogy, Brookings Institution, and other non- governmental entities, for the investigation of matters within their competence. (d) Cooperation of departments, agencies, and instrumentalities of executive branch The heads of the departments, agencies and in- strumentalities of the executive branch of the Federal Government shall cooperate with the Commission in carrying out the requirements of this section, and shall furnish to the Commis- sion such information as the Commission deems necessary to carry out this section. (e) Report to Congress A report shall be submitted to the Congress of the results of such investigation and study, to- gether with recommendations, not later than three years after October 18, 1972. (f) Compensation and allowances The members of the Commission who are not officers or employees of the United States, while attending conferences or meetings of the Com- mission or while otherwise serving at the re- quest of the Chairman shall be entitled to re- ceive compensation at a rate not in excess of the maximum rate of pay for Grade GS–18, as pro- vided in the General Schedule under section 5332 of title 5, including traveltime and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence as authorized by law for persons in the Government service em- ployed intermittently. (g) Appointment of personnel In addition to authority to appoint personnel subject to the provisions of title 5 governing ap- pointments in the competitive service, and to pay such personnel in accordance with the pro- visions of chapter 51 and subchapter III of chap- ter 53 of such title relating to classification and General Schedule pay rates, the Commission shall have authority to enter into contracts with private or public organizations who shall furnish the Commission with such administra- tive and technical personnel as may be nec- essary to carry out the purpose of this section. Personnel furnished by such organizations under this subsection are not, and shall not be consid- ered to be, Federal employees for any purposes, but in the performance of their duties shall be guided by the standards which apply to employ- ees of the legislative branches under rules 41 and 43 1 of the Senate and House of Representatives, respectively. (h) Authorization of appropriation There is authorized to be appropriated, for use in carrying out this section, not to exceed $17,250,000. (June 30, 1948, ch. 758, title III, § 315, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 875; amended Pub. L. 93–207, § 1(5), Dec. 28, 1973, 87 Stat. 906; Pub. L. 93–592, § 5, Jan. 2, 1975, 88 Stat. 1925; Pub. L. 94–238, Mar. 23, 1976, 90 Stat. 250; H. Res. 988, Oct. 8, 1974; S. Res. 4, Feb. 4, 1977.) Editorial Notes REFERENCES IN TEXT Travel expenses, including per diem in lieu of subsist- ence as authorized by law, referred to subsec. (f), prob- ably refers to the allowances authorized by section 5703 of Title 5, Government Organization and Employees. The General Schedule, referred to in subsec. (g), is set out under section 5332 of Title 5. The Rules of the House of Representatives for the One Hundred Sixth Congress were adopted and amended generally by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Provisions formerly ap- pearing in rule 43, referred to in subsec. (g), were con- tained in rule XXIV, which was subsequently renum- bered Rule XXIII by House Resolution No. 5, One Hun- dred Seventh Congress, Jan. 3, 2001. AMENDMENTS 1976—Subsec. (h). Pub. L. 94–238 substituted ‘‘$17,250,000’’ for ‘‘$17,000,000’’. 1975—Subsec. (h). Pub. L. 93–592 substituted ‘‘$17,000,000’’ for ‘‘$15,000,000’’. 1973—Subsecs. (g), (h). Pub. L. 93–207 added subsec. (g) and redesignated former subsec. (g) as (h). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Public Works of Senate abolished and replaced by Committee on Environment and Public Page 551 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1328 Works of Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of Senate, as amended by Senate Resolution No. 4 (popularly cited as the ‘‘Committee System Reorganization Amendments of 1977’’), ap- proved Feb. 4, 1977. Committee on Public Works of House of Representa- tives changed to Committee on Public Works and Transportation of House of Representatives, effective Jan. 3, 1975, by House Resolution No. 988, 93d Congress. Committee on Public Works and Transportation of House of Representatives treated as referring to Com- mittee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Con- gress. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 1326. Thermal discharges (a) Effluent limitations that will assure protec- tion and propagation of balanced, indigenous population of shellfish, fish, and wildlife With respect to any point source otherwise subject to the provisions of section 1311 of this title or section 1316 of this title, whenever the owner or operator of any such source, after op- portunity for public hearing, can demonstrate to the satisfaction of the Administrator (or, if ap- propriate, the State) that any effluent limita- tion proposed for the control of the thermal component of any discharge from such source will require effluent limitations more stringent than necessary to assure the projection and propagation of a balanced, indigenous popu- lation of shellfish, fish, and wildlife in and on the body of water into which the discharge is to be made, the Administrator (or, if appropriate, the State) may impose an effluent limitation under such sections for such plant, with respect to the thermal component of such discharge (taking into account the interaction of such thermal component with other pollutants), that will assure the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife in and on that body of water. (b) Cooling water intake structures Any standard established pursuant to section 1311 of this title or section 1316 of this title and applicable to a point source shall require that the location, design, construction, and capacity of cooling water intake structures reflect the best technology available for minimizing ad- verse environmental impact. (c) Period of protection from more stringent ef- fluent limitations following discharge point source modification commenced after Octo- ber 18, 1972 Notwithstanding any other provision of this chapter, any point source of a discharge having a thermal component, the modification of which point source is commenced after October 18, 1972, and which, as modified, meets effluent lim- itations established under section 1311 of this title or, if more stringent, effluent limitations established under section 1313 of this title and which effluent limitations will assure protection and propagation of a balanced, indigenous popu- lation of shellfish, fish, and wildlife in or on the water into which the discharge is made, shall not be subject to any more stringent effluent limitation with respect to the thermal compo- nent of its discharge during a ten year period be- ginning on the date of completion of such modi- fication or during the period of depreciation or amortization of such facility for the purpose of section 167 or 169 (or both) of title 26, whichever period ends first. (June 30, 1948, ch. 758, title III, § 316, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 876; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Editorial Notes AMENDMENTS 1986—Subsec. (c). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. § 1327. Omitted Editorial Notes CODIFICATION Section, act June 30, 1948, ch. 758, title III, § 317, as added Oct. 18, 1972, Pub. L. 92–500, § 2, 86 Stat. 877, au- thorized Administrator to investigate and study feasi- bility of alternate methods of financing cost of pre- venting, controlling, and abating pollution as directed by Water Quality Improvement Act of 1970 and to re- port to Congress, not later than two years after Oct. 18, 1972, the results of investigation and study accom- panied by recommendations for financing these pro- grams for fiscal years beginning after 1976. § 1328. Aquaculture (a) Authority to permit discharge of specific pol- lutants The Administrator is authorized, after public hearings, to permit the discharge of a specific pollutant or pollutants under controlled condi- tions associated with an approved aquaculture project under Federal or State supervision pur- suant to section 1342 of this title. (b) Procedures and guidelines The Administrator shall by regulation estab- lish any procedures and guidelines which the Administrator deems necessary to carry out this section. Such regulations shall require the ap- plication to such discharge of each criterion, factor, procedure, and requirement applicable to a permit issued under section 1342 of this title, as the Administrator determines necessary to carry out the objective of this chapter. (c) State administration Each State desiring to administer its own per- mit program within its jurisdiction for dis- charge of a specific pollutant or pollutants under controlled conditions associated with an approved aquaculture project may do so if upon submission of such program the Administrator determines such program is adequate to carry out the objective of this chapter.