33 U.S.C. § 1276b — Puget Sound

Page 406 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1276b (2) Revision of San Francisco Bay Plan Not less often than once every 5 years after the date of the completion of the plan de- scribed in paragraph (1), the Director shall re- view, and revise as appropriate, the San Fran- cisco Bay Plan. (3) Outreach In carrying out this subsection, the Director shall consult with the Estuary Partnership and Indian tribes and solicit input from other non-Federal stakeholders. (e) Grant program (1) In general The Director may provide funding through cooperative agreements, grants, or other means to State and local agencies, special dis- tricts, and public or nonprofit agencies, insti- tutions, and organizations, including the Estu- ary Partnership, for projects, activities, and studies identified on the annual priority list compiled under subsection (c). (2) Maximum amount of grants; non-Federal share (A) Maximum amount of grants Amounts provided to any entity under this section for a fiscal year shall not exceed an amount equal to 75 percent of the total cost of any projects, activities, and studies that are to be carried out using those amounts. (B) Non-Federal share Not less than 25 percent of the cost of any project, activity, or study carried out using amounts provided under this section shall be provided from non-Federal sources. (f) Funding (1) Administrative expenses Of the amount made available to carry out this section for a fiscal year, the Director may not use more than 5 percent to pay adminis- trative expenses incurred in carrying out this section. (2) Prohibition No amounts made available under this sec- tion may be used for the administration of a management conference under section 1330 of this title. (June 30, 1948, ch. 758, title I, § 125, as added Pub. L. 117–263, div. H, title LXXXV, § 8501(a), Dec. 23, 2022, 136 Stat. 3845.) § 1276b. Puget Sound (a) Definitions In this section: (1) Coastal Nonpoint Pollution Control Pro- gram The term ‘‘Coastal Nonpoint Pollution Con- trol Program’’ means the State of Washing- ton’s Coastal Nonpoint Pollution Control Pro- gram approved under section 1455b of title 16. (2) Director The term ‘‘Director’’ means the Director of the Program Office. (3) Federal Action Plan The term ‘‘Federal Action Plan’’ means the plan developed under subsection (c)(3)(B). (4) International Joint Commission The term ‘‘International Joint Commission’’ means the International Joint Commission es- tablished by the Treaty relating to the bound- ary waters and questions arising along the boundary between the United States and Can- ada, signed at Washington January 11, 1909, and entered into force May 5, 1910 (36 Stat. 2448; TS 548; 12 Bevans 319). (5) Pacific Salmon Commission The term ‘‘Pacific Salmon Commission’’ means the Pacific Salmon Commission estab- lished by the United States and Canada under the Treaty concerning Pacific salmon, with annexes and memorandum of understanding, signed at Ottawa January 28, 1985, and entered into force March 18, 1985 (TIAS 11091; 1469 UNTS 357) (commonly known as the ‘‘Pacific Salmon Treaty’’). (6) Program Office The term ‘‘Program Office’’ means the Puget Sound Recovery National Program Office es- tablished by subsection (b). (7) Puget Sound Action Agenda; Action Agenda The term ‘‘Puget Sound Action Agenda’’ or‘‘Action Agenda’’ means the most recent plan developed by the Puget Sound National Estuary Program Management Conference, in consultation with the Puget Sound Tribal Management Conference, and approved by the Administrator as the comprehensive conserva- tion and management plan for the Puget Sound under section 1330 of this title. (8) Puget Sound Federal Leadership Task Force The term ‘‘Puget Sound Federal Leadership Task Force’’ means the Puget Sound Federal Leadership Task Force established under sub- section (c). (9) Puget Sound Federal Task Force The term ‘‘Puget Sound Federal Task Force’’ means the Puget Sound Federal Task Force established in 2016 under a memo- randum of understanding among 9 Federal agencies. (10) Puget Sound National Estuary Program Management Conference The term ‘‘Puget Sound National Estuary Program Management Conference’’ means the management conference for the Puget Sound convened pursuant to section 1330 of this title. (11) Puget Sound Partnership The term ‘‘Puget Sound Partnership’’ means the State agency created under the laws of the State of Washington (section 90.71.210 of the Revised Code of Washington), or its successor agency that has been designated by the Ad- ministrator as the lead entity to support the Puget Sound National Estuary Program Man- agement Conference. (12) Puget Sound region (A) In general The term ‘‘Puget Sound region’’ means the land and waters in the northwest corner of the State of Washington from the Canadian Page 407 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1276b border to the north to the Pacific Ocean on the west, including Hood Canal and the Strait of Juan de Fuca. (B) Inclusion The term ‘‘Puget Sound region’’ includes all watersheds that drain into the Puget Sound. (13) Puget Sound Tribal Management Con- ference The term ‘‘Puget Sound Tribal Management Conference’’ means the 20 treaty Indian tribes of western Washington and the Northwest In- dian Fisheries Commission. (14) Salish Sea The term ‘‘Salish Sea’’ means the network of coastal waterways on the west coast of North America that includes the Puget Sound, the Strait of Georgia, and the Strait of Juan de Fuca. (15) Salmon Recovery Plans The term ‘‘Salmon Recovery Plans’’ means the recovery plans for salmon and steelhead species approved by the Secretary of the Inte- rior under section 4(f) of the Endangered Spe- cies Act of 1973 [16 U.S.C. 1533(f)] that are ap- plicable to the Puget Sound region. (16) State Advisory Committee The term ‘‘State Advisory Committee’’ means the advisory committee established by subsection (d). (17) Treaty Rights at Risk Initiative The term ‘‘Treaty Rights at Risk Initiative’’ means the report from the treaty Indian tribes of western Washington entitled ‘‘Treaty Rights At Risk: Ongoing Habitat Loss, the De- cline of the Salmon Resource, and Rec- ommendations for Change’’ and dated July 14, 2011, or its successor report that outlines issues and offers solutions for the protection of Tribal treaty rights, recovery of salmon habitat, and management of sustainable trea- ty and nontreaty salmon fisheries, including through Tribal salmon hatchery programs. (b) Puget Sound Recovery National Program Of- fice (1) Establishment There is established in the Environmental Protection Agency a Puget Sound Recovery National Program Office, to be located in the State of Washington. (2) Director (A) In general There shall be a Director of the Program Office, who shall have leadership and project management experience and shall be highly qualified to— (i) direct the integration of multiple project planning efforts and programs from different agencies and jurisdictions; and (ii) align numerous, and possibly com- peting, priorities to accomplish visible and measurable outcomes under the Action Agenda. (B) Position The position of Director of the Program Office shall be a career reserved position, as such term is defined in section 3132 of title 5. (3) Delegation of authority; staffing Using amounts made available to carry out this section, the Administrator shall delegate to the Director such authority and provide such staff as may be necessary to carry out this section. (4) Duties The Director shall— (A) coordinate and manage the timely exe- cution of the requirements of this section, including the formation and meetings of the Puget Sound Federal Leadership Task Force; (B) coordinate activities related to the res- toration and protection of the Puget Sound across the Environmental Protection Agen- cy; (C) coordinate and align the activities of the Administrator with the Action Agenda, Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program; (D) promote the efficient use of Environ- mental Protection Agency resources in pur- suit of the restoration and protection of the Puget Sound; (E) serve on the Puget Sound Federal Leadership Task Force and collaborate with, help coordinate, and implement activities with other Federal agencies that have re- sponsibilities involving the restoration and protection of the Puget Sound; (F) provide or procure such other advice, technical assistance, research, assessments, monitoring, or other support as is deter- mined by the Director to be necessary or prudent to most efficiently and effectively fulfill the objectives and priorities of the Ac- tion Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Pro- gram, consistent with the best available science, to ensure the health of the Puget Sound ecosystem; (G) track the progress of the Environ- mental Protection Agency toward meeting the agency’s specified objectives and prior- ities within the Action Agenda and the Fed- eral Action Plan; (H) implement the recommendations of the Comptroller General set forth in the report entitled ‘‘Puget Sound Restoration: Addi- tional Actions Could Improve Assessments of Progress’’ and dated July 19, 2018; (I) serve as liaison and coordinate activi- ties for the restoration and protection of the Salish Sea with Canadian authorities, the Pacific Salmon Commission, and the Inter- national Joint Commission; and (J) carry out such additional duties as the Director determines necessary and appro- priate. (c) Puget Sound Federal Leadership Task Force (1) Establishment There is established a Puget Sound Federal Leadership Task Force. Page 408 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1276b (2) Membership (A) Composition The Puget Sound Federal Leadership Task Force shall be composed of the following members: (i) The following individuals appointed by the Secretary of Agriculture: (I) A representative of the National Forest Service. (II) A representative of the Natural Re- sources Conservation Service. (ii) A representative of the National Oce- anic and Atmospheric Administration ap- pointed by the Secretary of Commerce. (iii) The following individuals appointed by the Secretary of Defense: (I) A representative of the Corps of En- gineers. (II) A representative of the Joint Base Lewis-McChord. (III) A representative of the Com- mander, Navy Region Northwest. (iv) The Director of the Program Office. (v) The following individuals appointed by the Secretary of Homeland Security: (I) A representative of the Coast Guard. (II) A representative of the Federal Emergency Management Agency. (vi) The following individuals appointed by the Secretary of the Interior: (I) A representative of the Bureau of Indian Affairs. (II) A representative of the United States Fish and Wildlife Service. (III) A representative of the United States Geological Survey. (IV) A representative of the National Park Service. (vii) The following individuals appointed by the Secretary of Transportation: (I) A representative of the Federal Highway Administration. (II) A representative of the Federal Transit Administration. (viii) Representatives of such other Fed- eral agencies, programs, and initiatives as the other members of the Puget Sound Federal Leadership Task Force determines necessary. (B) Qualifications Members appointed under this paragraph shall have experience and expertise in mat- ters of restoration and protection of large watersheds and bodies of water, or related experience that will benefit the restoration and protection of the Puget Sound. (C) Co-chairs (i) In general The following members of the Puget Sound Federal Leadership Task Force shall serve as Co-Chairs of the Puget Sound Federal Leadership Task Force: (I) The representative of the National Oceanic and Atmospheric Administra- tion. (II) The Director of the Program Of- fice. (III) The representative of the Corps of Engineers. (ii) Leadership The Co-Chairs shall ensure the Puget Sound Federal Leadership Task Force completes its duties through robust discus- sion of all relevant issues. The Co-Chairs shall share leadership responsibilities equally. (3) Duties (A) General duties The Puget Sound Federal Leadership Task Force shall— (i) uphold Federal trust responsibilities to restore and protect resources crucial to Tribal treaty rights, including by carrying out government-to-government consulta- tion with Indian tribes when requested by such tribes; (ii) provide a venue for dialogue and co- ordination across all Federal agencies rep- resented by a member of the Puget Sound Federal Leadership Task Force to align Federal resources for the purposes of car- rying out the requirements of this section and all other Federal laws that contribute to the restoration and protection of the Puget Sound, including by— (I) enabling and encouraging such agencies to act consistently with the ob- jectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Pro- gram; (II) facilitating the coordination of Federal activities that impact such res- toration and protection; (III) facilitating the delivery of feed- back given by such agencies to the Puget Sound Partnership during the develop- ment of the Action Agenda; (IV) facilitating the resolution of interagency conflicts associated with such restoration and protection among such agencies; (V) providing a forum for exchanging information among such agencies re- garding activities being conducted, in- cluding obstacles or efficiencies found, during restoration and protection activi- ties; and (VI) promoting the efficient use of gov- ernment resources in pursuit of such res- toration and protection through coordi- nation and collaboration, including by ensuring that the Federal efforts relat- ing to the science necessary for such res- toration and protection are consistent, and not duplicative, across the Federal Government; (iii) catalyze public leaders at all levels to work together toward shared goals by demonstrating interagency best practices coming from such agencies; (iv) provide advice and support on sci- entific and technical issues and act as a Page 409 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1276b forum for the exchange of scientific infor- mation about the Puget Sound; (v) identify and inventory Federal envi- ronmental research and monitoring pro- grams related to the Puget Sound, and provide such inventory to the Puget Sound National Estuary Program Management Conference; (vi) ensure that Puget Sound restoration and protection activities are as consistent as practicable with ongoing restoration and protection and related efforts in the Salish Sea that are being conducted by Ca- nadian authorities, the Pacific Salmon Commission, and the International Joint Commission; (vii) ensure that Puget Sound restora- tion and protection activities are con- sistent with national security interests; (viii) establish any working groups or committees necessary to assist the Puget Sound Federal Leadership Task Force in its duties, including relating to public pol- icy and scientific issues; and (ix) raise national awareness of the sig- nificance of the Puget Sound. (B) Puget Sound Federal Action Plan (i) In general Not later than 5 years after December 23, 2022, the Puget Sound Federal Leadership Task Force shall develop and approve a Federal Action Plan that leverages Fed- eral programs across agencies and serves to coordinate diverse programs and prior- ities for the restoration and protection of the Puget Sound. (ii) Revision of Puget Sound Federal Action Plan Not less often than once every 5 years after the date of approval of the Federal Action Plan under clause (i), the Puget Sound Federal Leadership Task Force shall review, and revise as appropriate, the Federal Action Plan. (C) Feedback by Federal agencies In facilitating feedback under subpara- graph (A)(ii)(III), the Puget Sound Federal Leadership Task Force shall request Federal agencies to consider, at a minimum, possible Federal actions within the Puget Sound re- gion designed to— (i) further the goals, targets, and actions of the Action Agenda, the Salmon Recov- ery Plans, the Treaty Rights at Risk Ini- tiative, and the Coastal Nonpoint Pollu- tion Control Program; (ii) as applicable, implement and enforce this chapter, the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.], and all other Federal laws that contribute to the res- toration and protection of the Puget Sound, including those that protect Tribal treaty rights; (iii) prevent the introduction and spread of invasive species; (iv) protect marine and wildlife habitats; (v) protect, restore, and conserve forests, wetlands, riparian zones, and nearshore waters; (vi) promote resilience to climate change and ocean acidification effects; (vii) restore fisheries so that they are sustainable and productive; (viii) preserve biodiversity; (ix) restore and protect ecosystem serv- ices that provide clean water, filter toxic chemicals, and increase ecosystem resil- ience; and (x) improve water quality, including by preventing and managing stormwater run- off, incorporating erosion control tech- niques and trash capture devices, using sustainable stormwater practices, and mitigating and minimizing nonpoint source pollution, including marine litter. (4) Participation of State Advisory Committee and Puget Sound Tribal Management Con- ference The Puget Sound Federal Leadership Task Force shall carry out its duties with input from, and in collaboration with, the State Ad- visory Committee and the Puget Sound Tribal Management Conference, including by seeking advice and recommendations on the actions, progress, and issues pertaining to the restora- tion and protection of the Puget Sound. (5) Meetings (A) Initial meeting The Puget Sound Federal Leadership Task Force shall meet not later than 180 days after December 23, 2022— (i) to determine if all Federal agencies are properly represented; (ii) to establish the bylaws of the Puget Sound Federal Leadership Task Force; (iii) to establish necessary working groups or committees; and (iv) to determine subsequent meeting times, dates, and logistics. (B) Subsequent meetings After the initial meeting, the Puget Sound Federal Leadership Task Force shall meet, at a minimum, twice per year to carry out the duties of the Puget Sound Federal Lead- ership Task Force. (C) Working group meetings A meeting of any established working group or committee of the Puget Sound Fed- eral Leadership Task Force shall not be con- sidered a biannual meeting for purposes of subparagraph (B). (D) Joint meetings The Puget Sound Federal Leadership Task Force— (i) shall offer to meet jointly with the Puget Sound National Estuary Program Management Conference and the Puget Sound Tribal Management Conference, at a minimum, once per year; and (ii) may consider such a joint meeting to be a biannual meeting of the Puget Sound Federal Leadership Task Force for pur- poses of subparagraph (B). (E) Quorum A simple majority of the members of the Puget Sound Federal Leadership Task Force shall constitute a quorum. Page 410 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1276b (F) Voting For the Puget Sound Federal Leadership Task Force to take an official action, a quorum shall be present, and at least a two- thirds majority of the members present shall vote in the affirmative. (6) Puget Sound Federal Leadership Task Force procedures and advice (A) Advisors The Puget Sound Federal Leadership Task Force may seek advice and input from any interested, knowledgeable, or affected party as the Puget Sound Federal Leadership Task Force determines necessary to perform its duties. (B) Compensation A member of the Puget Sound Federal Leadership Task Force shall receive no addi- tional compensation for service as a member on the Puget Sound Federal Leadership Task Force. (C) Travel expenses Travel expenses incurred by a member of the Puget Sound Federal Leadership Task Force in the performance of service on the Puget Sound Federal Leadership Task Force may be paid by the agency that the member represents. (7) Puget Sound Federal Task Force (A) In general On December 23, 2022, the 2016 memo- randum of understanding establishing the Puget Sound Federal Task Force shall cease to be effective. (B) Use of previous work The Puget Sound Federal Leadership Task Force shall, to the extent practicable, use the work product produced, relied upon, and analyzed by the Puget Sound Federal Task Force in order to avoid duplicating the ef- forts of the Puget Sound Federal Task Force. (d) State Advisory Committee (1) Establishment There is established a State Advisory Com- mittee. (2) Membership The State Advisory Committee shall consist of up to seven members designated by the gov- erning body of the Puget Sound Partnership, in consultation with the Governor of Wash- ington, who will represent Washington State agencies that have significant roles and re- sponsibilities related to the restoration and protection of the Puget Sound. (e) Puget Sound Federal Leadership Task Force biennial report on Puget Sound restoration and protection activities (1) In general Not later than 1 year after December 23, 2022, and biennially thereafter, the Puget Sound Federal Leadership Task Force, in col- laboration with the Puget Sound Tribal Man- agement Conference and the State Advisory Committee, shall submit to the President, Congress, the Governor of Washington, and the governing body of the Puget Sound Partner- ship a report that summarizes the progress, challenges, and milestones of the Puget Sound Federal Leadership Task Force relating to the restoration and protection of the Puget Sound. (2) Contents The report submitted under paragraph (1) shall include a description of the following: (A) The roles and progress of each State, local government entity, and Federal agency that has jurisdiction in the Puget Sound re- gion relating to meeting the identified ob- jectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program. (B) If available, the roles and progress of Tribal governments that have jurisdiction in the Puget Sound region relating to meeting the identified objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Pro- gram. (C) A summary of specific recommenda- tions concerning implementation of the Ac- tion Agenda and the Federal Action Plan, in- cluding challenges, barriers, and anticipated milestones, targets, and timelines. (D) A summary of progress made by Fed- eral agencies toward the priorities identified in the Federal Action Plan. (f) Tribal rights and consultation (1) Preservation of tribal treaty rights Nothing in this section affects, or is in- tended to affect, any right reserved by treaty between the United States and one or more In- dian tribes. (2) Consultation Nothing in this section affects any author- ization or obligation of a Federal agency to consult with an Indian tribe under any other provision of law. (g) Consistency (1) In general Actions authorized or implemented under this section shall be consistent with— (A) the Salmon Recovery Plans; (B) the Coastal Nonpoint Pollution Con- trol Program; and (C) the water quality standards of the State of Washington approved by the Admin- istrator under section 1313 of this title. (2) Federal actions All Federal agencies represented on the Puget Sound Federal Leadership Task Force shall act consistently with the protection of Tribal, treaty-reserved rights and, to the greatest extent practicable given such agen- cies’ existing obligations under Federal law, act consistently with the objectives and prior- ities of the Action Agenda, the Salmon Recov- ery Plans, the Treaty Rights at Risk Initia- tive, and the Coastal Nonpoint Pollution Con- trol Program, when— Page 411 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1281 1 So in original. Probably should be ‘‘section’’. (A) conducting Federal agency activities within or outside the Puget Sound that af- fect any land or water use or natural re- sources of the Puget Sound region, including activities performed by a contractor for the benefit of a Federal agency; (B) interpreting and enforcing regulations that impact the restoration and protection of the Puget Sound; (C) issuing Federal licenses or permits that impact the restoration and protection of the Puget Sound; and (D) granting Federal assistance to State, local, and Tribal governments for activities related to the restoration and protection of the Puget Sound. (June 30, 1948, ch. 758, title I, § 126, as added Pub. L. 117–263, div. H, title LXXXV, § 8501(b), Dec. 23, 2022, 136 Stat. 3847.) Editorial Notes REFERENCES IN TEXT The Endangered Species Act of 1973, referred to in subsec. (c)(3)(C)(ii), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables. SUBCHAPTER II—GRANTS FOR CONSTRUCTION OF TREATMENT WORKS § 1281. Congressional declaration of purpose (a) Development and implementation of waste treatment management plans and practices It is the purpose of this subchapter to require and to assist the development and implementa- tion of waste treatment management plans and practices which will achieve the goals of this chapter. (b) Application of technology: confined disposal of pollutants; consideration of advanced techniques Waste treatment management plans and prac- tices shall provide for the application of the best practicable waste treatment technology before any discharge into receiving waters, including reclaiming and recycling of water, and confined disposal of pollutants so they will not migrate to cause water or other environmental pollution and shall provide for consideration of advanced waste treatment techniques. (c) Waste treatment management area and scope To the extent practicable, waste treatment management shall be on an areawide basis and provide control or treatment of all point and nonpoint sources of pollution, including in place or accumulated pollution sources. (d) Waste treatment management construction of revenue producing facilities The Administrator shall encourage waste treatment management which results in the construction of revenue producing facilities pro- viding for— (1) the recycling of potential sewage pollut- ants through the production of agriculture, silviculture, or aquaculture products, or any combination thereof; (2) the confined and contained disposal of pollutants not recycled; (3) the reclamation of wastewater; and (4) the ultimate disposal of sludge in a man- ner that will not result in environmental haz- ards. (e) Waste treatment management integration of facilities The Administrator shall encourage waste treatment management which results in inte- grating facilities for sewage treatment and recy- cling with facilities to treat, dispose of, or uti- lize other industrial and municipal wastes, in- cluding but not limited to solid waste and waste heat and thermal discharges. Such integrated facilities shall be designed and operated to produce revenues in excess of capital and oper- ation and maintenance costs and such revenues shall be used by the designated regional man- agement agency to aid in financing other envi- ronmental improvement programs. (f) Waste treatment management ‘‘open space’’ and recreational considerations The Administrator shall encourage waste treatment management which combines ‘‘open space’’ and recreational considerations with such management. (g) Grants to construct publicly owned treatment works (1) The Administrator is authorized to make grants to any State, municipality, or inter- municipal or interstate agency for the construc- tion of publicly owned treatment works. On and after October 1, 1984, grants under this sub- chapter shall be made only for projects for sec- ondary treatment or more stringent treatment, or any cost effective alternative thereto, new interceptors and appurtenances, and infiltra- tion-in-flow correction. Notwithstanding the preceding sentences, the Administrator may make grants on and after October 1, 1984, for (A) any project within the definition set forth in section 1292(2) of this title, other than for a project referred to in the preceding sentence, and (B) any purpose for which a grant may be made under sections 1 1329(h) and (i) of this title (including any innovative and alternative ap- proaches for the control of nonpoint sources of pollution), except that not more than 20 per cen- tum (as determined by the Governor of the State) of the amount allotted to a State under section 1285 of this title for any fiscal year shall be obligated in such State under authority of this sentence. (2) The Administrator shall not make grants from funds authorized for any fiscal year begin- ning after June 30, 1974, to any State, munici- pality, or intermunicipal or interstate agency for the erection, building, acquisition, alter- ation, remodeling, improvement, or extension of treatment works unless the grant applicant has satisfactorily demonstrated to the Adminis- trator that— (A) alternative waste management tech- niques have been studied and evaluated and the works proposed for grant assistance will provide for the application of the best prac-