33 U.S.C. § 1263a — Grants to Alaska to improve sanitation

Page 370 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1263a control of pollution for all native villages in such State. (b) Utilization of personnel and facilities of De- partment of Health and Human Services In carrying out this section the Administrator shall cooperate with the Secretary of Health and Human Services for the purpose of utilizing such of the personnel and facilities of that Depart- ment as may be appropriate. (c) Omitted (d) Authorization of appropriations There is authorized to be appropriated not to exceed $2,000,000 to carry out this section. In ad- dition, there is authorized to be appropriated to carry out this section not to exceed $200,000 for the fiscal year ending September 30, 1978, and $220,000 for the fiscal year ending September 30, 1979. (e) Study to develop comprehensive program for achieving sanitation services; report to Con- gress The Administrator is authorized to coordinate with the Secretary of the Department of Health and Human Services, the Secretary of the De- partment of Housing and Urban Development, the Secretary of the Department of the Interior, the Secretary of the Department of Agriculture, and the heads of any other departments or agen- cies he may deem appropriate to conduct a joint study with representatives of the State of Alas- ka and the appropriate Native organizations (as defined in Public Law 92–203) to develop a com- prehensive program for achieving adequate sani- tation services in Alaska villages. This study shall be coordinated with the programs and projects authorized by sections 1254(q) and 1255(e)(2) of this title. The Administrator shall submit a report of the results of the study, to- gether with appropriate supporting data and such recommendations as he deems desirable, to the Committee on Environment and Public Works of the Senate and to the Committee on Public Works and Transportation of the House of Representatives not later than December 31, 1979. The Administrator shall also submit rec- ommended administrative actions, procedures, and any proposed legislation necessary to imple- ment the recommendations of the study no later than June 30, 1980. (f) Technical, financial, and management assist- ance The Administrator is authorized to provide technical, financial and management assistance for operation and maintenance of the dem- onstration projects constructed under this sec- tion, until such time as the recommendations of subsection (e) are implemented. (g) ‘‘Village’’ and ‘‘sanitation services’’ defined For the purpose of this section, the term ‘‘vil- lage’’ shall mean an incorporated or unincor- porated community with a population of ten to six hundred people living within a two-mile ra- dius. The term ‘‘sanitation services’’ shall mean water supply, sewage disposal, solid waste dis- posal and other services necessary to maintain generally accepted standards of personal hy- giene and public health. (June 30, 1948, ch. 758, title I, § 113, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 832; amended Pub. L. 95–217, § 11, Dec. 27, 1977, 91 Stat. 1568; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Editorial Notes REFERENCES IN TEXT Public Law 92–203, referred to in subsec. (e), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, known as the Alaska Native Claims Settlement Act, which is classified gen- erally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. CODIFICATION Subsec. (c) authorized the Administrator to report to Congress the results of the demonstration project ac- companied by his recommendations for the establish- ment of a statewide project not later than July 1, 1973. AMENDMENTS 1977—Subsec. (d). Pub. L. 95–217, § 11(b), authorized ad- ditional appropriations of not to exceed $200,000 for the fiscal year ending Sept. 30, 1978, and $220,000, for the fis- cal year ending Sept. 30, 1979, to carry out this section. Subsecs. (e) to (g). Pub. L. 95–217, § 11(a), added sub- secs. (e), (f), and (g). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsec. (b), and ‘‘Secretary of the Department of Health and Human Services’’ substituted for ‘‘Sec- retary of the Department of Health, Education, and Welfare’’ in subsec. (e), pursuant to section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20, Education. 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. CORPS CAPABILITY STUDY, ALASKA Pub. L. 104–303, title IV, § 401, Oct. 12, 1996, 110 Stat. 3740, provided that: ‘‘Not later than 18 months after the date of the enactment of this Act [Oct. 12, 1996], the Secretary shall report to Congress on the advisability and capability of the Corps of Engineers to implement rural sanitation projects for rural and Native villages in Alaska.’’ § 1263a. Grants to Alaska to improve sanitation in rural and Native villages (a) In general The Administrator of the Environmental Pro- tection Agency may make grants to the State of Alaska for the benefit of rural and Native vil- lages in Alaska to pay the Federal share of the cost of— (1) the development and construction of pub- lic water systems and wastewater systems to improve the health and sanitation conditions in the villages; and (2) training, technical assistance, and edu- cational programs relating to the operation and management of sanitation services in rural and Native villages. (b) Federal share The Federal share of the cost of the activities described in subsection (a) shall be 75 percent. Page 371 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1266 1 So in original. Probably should be ‘‘section’’. (c) Administrative expenses The State of Alaska may use an amount not to exceed 4 percent of any grant made available under this subsection 1 for administrative ex- penses necessary to carry out the activities de- scribed in subsection (a). (d) Consultation with State of Alaska The Administrator shall consult with the State of Alaska on a method of prioritizing the allocation of grants under subsection (a) accord- ing to the needs of, and relative health and sani- tation conditions in, each eligible village. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) $40,000,000 for each of fiscal years 2022 through 2024; (2) $50,000,000 for fiscal year 2025; and (3) $60,000,000 for fiscal year 2026. (Pub. L. 104–182, title III, § 303, Aug. 6, 1996, 110 Stat. 1683; Pub. L. 106–457, title IX, § 903, Nov. 7, 2000, 114 Stat. 1982; Pub. L. 117–58, div. E, title II, § 50212, Nov. 15, 2021, 135 Stat. 1172.) Editorial Notes CODIFICATION Section was enacted as part of the Safe Drinking Water Act Amendments of 1996, and not as part of the Federal Water Pollution Control Act which comprises this chapter. AMENDMENTS 2021—Subsec. (b). Pub. L. 117–58, § 50212(1), substituted ‘‘75 percent’’ for ‘‘50 percent’’. Subsec. (e). Pub. L. 117–58, § 50212(2), substituted ‘‘this section—’’ and pars. (1) to (3) for ‘‘this section $40,000,000 for each of fiscal years 2001 through 2005.’’ 2000—Subsec. (e). Pub. L. 106–457 substituted ‘‘to carry out this section $40,000,000 for each of fiscal years 2001 through 2005’’ for ‘‘$15,000,000 for each of the fiscal years 1997 through 2000 to carry out this section’’. § 1264. Omitted Editorial Notes CODIFICATION Section, act June 30, 1948, ch. 758, title I, § 114, as added Oct. 18, 1972, Pub. L. 92–500, § 2, 86 Stat. 833, au- thorized the Administrator, in consultation with the Tahoe Regional Planning Agency, the Secretary of Ag- riculture, other Federal agencies, representatives of State and local governments, and members of the pub- lic, to conduct a thorough and complete study on the need of extending Federal oversight and control in order to preserve the fragile ecology of Lake Tahoe and to report the results of this study to Congress not later than one year after Oct. 18, 1972. § 1265. In-place toxic pollutants The Administrator is directed to identify the location of in-place pollutants with emphasis on toxic pollutants in harbors and navigable water- ways and is authorized, acting through the Sec- retary of the Army, to make contracts for the removal and appropriate disposal of such mate- rials from critical port and harbor areas. There is authorized to be appropriated $15,000,000 to carry out the provisions of this section, which sum shall be available until expended. (June 30, 1948, ch. 758, title I, § 115, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 833.) § 1266. Hudson River reclamation demonstration project (a) The Administrator is authorized to enter into contracts and other agreements with the State of New York to carry out a project to demonstrate methods for the selective removal of polychlorinated biphenyls contaminating bot- tom sediments of the Hudson River, treating such sediments as required, burying such sedi- ments in secure landfills, and installing moni- toring systems for such landfills. Such dem- onstration project shall be for the purpose of de- termining the feasibility of indefinite storage in secure landfills of toxic substances and of ascertaining the improvement of the rate of re- covery of a toxic contaminated national water- way. No pollutants removed pursuant to this paragraph shall be placed in any landfill unless the Administrator first determines that disposal of the pollutants in such landfill would provide a higher standard of protection of the public health, safety, and welfare than disposal of such pollutants by any other method including, but not limited to, incineration or a chemical de- struction process. (b) The Administrator is authorized to make grants to the State of New York to carry out this section from funds allotted to such State under section 1285(a) of this title, except that the amount of any such grant shall be equal to 75 per centum of the cost of the project and such grant shall be made on condition that non-Fed- eral sources provide the remainder of the cost of such project. The authority of this section shall be available until September 30, 1983. Funds al- lotted to the State of New York under section 1285(a) of this title shall be available under this subsection only to the extent that funds are not available, as determined by the Administrator, to the State of New York for the work author- ized by this section under section 1265 or 1321 of this title or a comprehensive hazardous sub- stance response and clean up fund. Any funds used under the authority of this subsection shall be deducted from any estimate of the needs of the State of New York prepared under section 1375(b) of this title. The Administrator may not obligate or expend more than $20,000,000 to carry out this section. (June 30, 1948, ch. 758, title I, § 116, as added Pub. L. 96–483, § 10, Oct. 21, 1980, 94 Stat. 2363; amended Pub. L. 105–362, title V, § 501(d)(2)(B), Nov. 10, 1998, 112 Stat. 3284; Pub. L. 107–303, title III, § 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.) Editorial Notes AMENDMENTS 2002—Subsec. (b). Pub. L. 107–303 repealed Pub. L. 105–362, § 501(d)(2)(B). See 1998 Amendment note below. 1998—Subsec. (b). Pub. L. 105–362, § 501(d)(2)(B), which directed the substitution of ‘‘section 1375 of this title’’ for ‘‘section 1375(b) of this title’’ in penultimate sen- tence, was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below.