33 U.S.C. § 1371 — Authority under other laws and regula-

Page 590 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1370 101 Stat. 1732; Pub. L. 115–282, title IX, § 903(c)(4), Dec. 4, 2018, 132 Stat. 4356.) Editorial Notes AMENDMENTS 2018—Subsec. (b)(4). Pub. L. 115–282 added par. (4). 1988—Subsec. (b)(3), (4). Pub. L. 100–236 redesignated par. (4) as (3) and struck out former par. (3) relating to venue, which provided for selection procedure in sub- par. (A), administrative provisions in subpar. (B), and transfers in subpar. (C). 1987—Subsec. (b)(1). Pub. L. 100–4, §§ 308(b), 406(d)(3), 505(a), substituted ‘‘transacts business which is directly affected by such action’’ for ‘‘transacts such business’’, ‘‘120’’ for ‘‘ninety’’, and ‘‘120th’’ for ‘‘ninetieth’’, sub- stituted ‘‘1316, or 1345 of this title’’ for ‘‘or 1316 of this title’’ in cl. (E), and added cl. (G). Subsec. (b)(3), (4). Pub. L. 100–4, § 505(b), added pars. (3) and (4). 1973—Subsec. (b)(1)(C). Pub. L. 93–207 substituted ‘‘pretreatment’’ for ‘‘treatment’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–236 effective 180 days after Jan. 8, 1988, see section 3 of Pub. L. 100–236, set out as a note under section 2112 of Title 28, Judiciary and Ju- dicial Procedure. § 1370. State authority Except as expressly provided in this chapter, nothing in this chapter shall (1) preclude or deny the right of any State or political subdivi- sion thereof or interstate agency to adopt or en- force (A) any standard or limitation respecting discharges of pollutants, or (B) any requirement respecting control or abatement of pollution; ex- cept that if an effluent limitation, or other limi- tation, effluent standard, prohibition, pretreatment standard, or standard of perform- ance is in effect under this chapter, such State or political subdivision or interstate agency may not adopt or enforce any effluent limita- tion, or other limitation, effluent standard, pro- hibition, pretreatment standard, or standard of performance which is less stringent than the ef- fluent limitation, or other limitation, effluent standard, prohibition, pretreatment standard, or standard of performance under this chapter; or (2) be construed as impairing or in any manner affecting any right or jurisdiction of the States with respect to the waters (including boundary waters) of such States. (June 30, 1948, ch. 758, title V, § 510, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 893.) § 1371. Authority under other laws and regula- tions (a) Impairment of authority or functions of offi- cials and agencies; treaty provisions This chapter shall not be construed as (1) lim- iting the authority or functions of any officer or agency of the United States under any other law or regulation not inconsistent with this chapter; (2) affecting or impairing the authority of the Secretary of the Army (A) to maintain naviga- tion or (B) under the Act of March 3, 1899, (30 Stat. 1112); except that any permit issued under section 1344 of this title shall be conclusive as to the effect on water quality of any discharge re- sulting from any activity subject to section 403 of this title, or (3) affecting or impairing the provisions of any treaty of the United States. (b) Discharges of pollutants into navigable wa- ters Discharges of pollutants into the navigable waters subject to the Rivers and Harbors Act of 1910 (36 Stat. 593; 33 U.S.C. 421) and the Super- visory Harbors Act of 1888 (25 Stat. 209; 33 U.S.C. 441–451b) shall be regulated pursuant to this chapter, and not subject to such Act of 1910 and the Act of 1888 except as to effect on navigation and anchorage. (c) Action of the Administrator deemed major Federal action; construction of the National Environmental Policy Act of 1969 (1) Except for the provision of Federal finan- cial assistance for the purpose of assisting the construction of publicly owned treatment works as authorized by section 1281 of this title, and the issuance of a permit under section 1342 of this title for the discharge of any pollutant by a new source as defined in section 1316 of this title, no action of the Administrator taken pur- suant to this chapter shall be deemed a major Federal action significantly affecting the qual- ity of the human environment within the mean- ing of the National Environmental Policy Act of 1969 (83 Stat. 852) [42 U.S.C. 4321 et seq.]; and (2) Nothing in the National Environmental Policy Act of 1969 (83 Stat. 852) shall be deemed to— (A) authorize any Federal agency authorized to license or permit the conduct of any activ- ity which may result in the discharge of a pol- lutant into the navigable waters to review any effluent limitation or other requirement es- tablished pursuant to this chapter or the ade- quacy of any certification under section 1341 of this title; or (B) authorize any such agency to impose, as a condition precedent to the issuance of any license or permit, any effluent limitation other than any such limitation established pursuant to this chapter. (d) Consideration of international water pollu- tion control agreements Notwithstanding this chapter or any other provision of law, the Administrator (1) shall not require any State to consider in the develop- ment of the ranking in order of priority of needs for the construction of treatment works (as de- fined in subchapter II of this chapter), any water pollution control agreement which may have been entered into between the United States and any other nation, and (2) shall not consider any such agreement in the approval of any such pri- ority ranking. (June 30, 1948, ch. 758, title V, § 511, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 893; amended Pub. L. 93–243, § 3, Jan. 2, 1974, 87 Stat. 1069.) Editorial Notes REFERENCES IN TEXT Act of March 3, 1899, referred to in subsec. (a), is act Mar. 3, 1899, ch. 425, 30 Stat. 1121, which enacted sec- tions 401, 403, 404, 406, 407, 408, 409, 411 to 416, 418, 502, 549, and 687 of this title and amended section 686 of this Page 591 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1374 1 So in original. Probably should be ‘‘section,’’. title. For complete classification of this Act to the Code, see Tables. The Rivers and Harbors Act of 1910, referred to in sub- sec. (b), probably means act June 23, 1910, ch. 359, 36 Stat. 593. The Supervisory Harbors Act of 1888, referred to in subsec. (b), probably means act June 29, 1888, ch. 496, 25 Stat. 209, which is classified generally to subchapter III (§ 441 et seq.) of chapter 9 of this title. For complete classification of this Act to the Code, see Tables. The National Environmental Policy Act of 1969, re- ferred to in subsec. (c), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 1974—Subsec. (d). Pub. L. 93–243 added subsec. (d). § 1372. Labor standards The Administrator shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors or sub- contractors on treatment works for which grants are made under this chapter shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor, in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to the labor standards specified in this subsection,1 the au- thority and functions set forth in Reorganiza- tion Plan Numbered 14 of 1950 (15 F.R. 3176) and section 3145 of title 40. (June 30, 1948, ch. 758, title V, § 513, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 894.) Editorial Notes REFERENCES IN TEXT Reorganization Plan Numbered 14 of 1950, referred to in text, is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appen- dix to Title 5, Government Organization and Employ- ees. CODIFICATION In text, ‘‘sections 3141–3144, 3146, and 3147 of title 40’’ substituted for ‘‘the Act of March 3, 1931, as amended, known as the Davis-Bacon Act (46 Stat. 1494; 40 U.S.C., sec. 276a through 276a–5)’’ and ‘‘section 3145 of title 40’’ substituted for ‘‘section 2 of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276c)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Build- ings, Property, and Works. Statutory Notes and Related Subsidiaries APPLICABILITY OF LABOR STANDARDS TO CONSTRUCTION OF TREATMENT WORKS Pub. L. 112–74, div. E, title II, Dec. 23, 2011, 125 Stat. 1020, provided in part that: ‘‘For fiscal year 2012 and each fiscal year thereafter, the requirements of section 513 of the Federal Water Pollution Control Act (33 U.S.C. 1372) shall apply to the construction of treat- ment works carried out in whole or in part with assist- ance made available by a State water pollution control revolving fund as authorized by title VI of that Act (33 U.S.C. 1381 et seq.), or with assistance made available under section 205(m) of that Act (33 U.S.C. 1285(m)), or both.’’ § 1373. Public health agency coordination The permitting agency under section 1342 of this title shall assist the applicant for a permit under such section in coordinating the require- ments of this chapter with those of the appro- priate public health agencies. (June 30, 1948, ch. 758, title V, § 514, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 894.) § 1374. Effluent Standards and Water Quality In- formation Advisory Committee (a) Establishment; membership; term (1) There is established an Effluent Standards and Water Quality Information Advisory Com- mittee, which shall be composed of a Chairman and eight members who shall be appointed by the Administrator within sixty days after Octo- ber 18, 1972. (2) All members of the Committee shall be se- lected from the scientific community, qualified by education, training, and experience to pro- vide, assess, and evaluate scientific and tech- nical information on effluent standards and lim- itations. (3) Members of the Committee shall serve for a term of four years, and may be reappointed. (b) Action on proposed regulations (1) No later than one hundred and eighty days prior to the date on which the Administrator is required to publish any proposed regulations re- quired by section 1314(b) of this title, any pro- posed standard of performance for new sources required by section 1316 of this title, or any pro- posed toxic effluent standard required by section 1317 of this title, he shall transmit to the Com- mittee a notice of intent to propose such regula- tions. The Chairman of the Committee within ten days after receipt of such notice may pub- lish a notice of a public hearing by the Com- mittee, to be held within thirty days. (2) No later than one hundred and twenty days after receipt of such notice, the Committee shall transmit to the Administrator such scientific and technical information as is in its possession, including that presented at any public hearing, related to the subject matter contained in such notice. (3) Information so transmitted to the Adminis- trator shall constitute a part of the administra- tive record and comments on any proposed regu- lations or standards as information to be consid- ered with other comments and information in making any final determinations. (4) In preparing information for transmittal, the Committee shall avail itself of the technical and scientific services of any Federal agency, in- cluding the United States Geological Survey and any national environmental laboratories which may be established. (c) Secretary; legal counsel; compensation (1) The Committee shall appoint and prescribe the duties of a Secretary, and such legal counsel as it deems necessary. The Committee shall ap- point such other employees as it deems nec- essary to exercise and fulfill its powers and re-