42 U.S.C. § 4370b — Availability of fees and charges to carry

Page 6158 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4370a 1 So in original. Probably should be ‘‘to’’. 2 See References in Text note below. tion Agency research and test facilities by out- side groups or individuals and to receive reim- bursement or fees for costs incurred thereby when he finds this to be in the public interest. Such reimbursement or fees are to be used by the Agency to defray the costs of use by outside groups or individuals. (b) Rules and regulations The Administrator may promulgate regula- tions to cover such use of Agency facilities in accordance with generally accepted accounting, safety, and laboratory practices. (c) Waiver of reimbursement by Administrator When he finds it is in the public interest the Administrator may waive reimbursement or fees for outside use of Agency facilities by nonprofit private or public entities. (Pub. L. 96–229, § 5, Apr. 7, 1980, 94 Stat. 328.) Editorial Notes CODIFICATION Section was enacted as part of the Environmental Re- search, Development, and Demonstration Authoriza- tion Act of 1980, and not as part of the National Envi- ronmental Policy Act of 1969 which comprises this chapter. § 4370a. Assistant Administrators of Environ- mental Protection Agency; appointment; du- ties (a) The President, by and with the advice and consent of the Senate, may appoint three Assist- ant Administrators of the Environmental Pro- tection Agency in addition to— (1) the five Assistant Administrators pro- vided for in section 1(d) of Reorganization Plan Numbered 3 of 1970 (5 U.S.C. Appendix); (2) the Assistant Administrator provided by section 2625(g) of title 15; and (3) the Assistant Administrator provided by section 6911a of this title. (b) Each Assistant Administrator appointed under subsection (a) shall perform such duties as the Administrator of the Environmental Protec- tion Agency may prescribe. (Pub. L. 98–80, § 1, Aug. 23, 1983, 97 Stat. 485.) Editorial Notes REFERENCES IN TEXT Reorganization Plan Numbered 3 of 1970, referred to in subsec. (a)(1), is set out under section 4321 of this title. CODIFICATION Section was not enacted as part of the National Envi- ronmental Policy Act of 1969 which comprises this chapter. § 4370b. Availability of fees and charges to carry out Agency programs Notwithstanding any other provision of law, after September 30, 1990, amounts deposited in the Licensing and Other Services Fund from fees and charges assessed and collected by the Ad- ministrator for services and activities carried out pursuant to the statutes administered by the Environmental Protection Agency shall thereafter be available to carry out the Agen- cy’s activities in the programs for which the fees or charges are made. (Pub. L. 101–144, title III, Nov. 9, 1989, 103 Stat. 858.) Editorial Notes CODIFICATION Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1990, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter. § 4370c. Environmental Protection Agency fees (a) Assessment and collection The Administrator of the Environmental Pro- tection Agency shall, by regulation, assess and collect fees and charges for services and activi- ties carried out pursuant to laws administered by the Environmental Protection Agency. (b) Amount of fees and charges Fees and charges assessed pursuant to this section shall be in such amounts as may be nec- essary to ensure that the aggregate amount of fees and charges collected pursuant to this sec- tion, in excess of the amount of fees and charges collected under current law— (1) in fiscal year 1991, is not less than $28,000,000; and (2) in each of fiscal years 1992, 1993, 1994, and 1995, is not less than $38,000,000. (c) Limitation on fees and charges (1) The maximum aggregate amount of fees and charges in excess of the amounts being col- lected under current law which may be assessed and collected pursuant to this section in a fiscal year— (A) for services and activities carried out pursuant ot 1 the Federal Water Pollution Con- trol Act [33 U.S.C. 1251 et seq.] is $10,000,000; and (B) for services and activities in programs within the jurisdiction of the House Com- mittee on Energy and Commerce and adminis- tered by the Environmental Protection Agen- cy through the Administrator, shall be limited to such sums collected as of November 5, 1990, pursuant to sections 2625(b) and 2665(e)(2) 2 of title 15, and such sums specifically authorized by the Clean Air Act Amendments of 1990. (2) Any remaining amounts required to be col- lected under this section shall be collected from services and programs administered by the Envi- ronmental Protection Agency other than those specified in subparagraphs (A) and (B) of para- graph (1). (d) Rule of construction Nothing in this section increases or dimin- ishes the authority of the Administrator to pro- mulgate regulations pursuant to section 9701 of title 31. (e) Uses of fees Fees and charges collected pursuant to this section shall be deposited into a special account