33 U.S.C. § 1272 — Environmental dredging

Page 400 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1271a 1 So in original. The word ‘‘a’’ probably should not appear. the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. ‘‘(c) REPORT.—Within 2 years after the date of the en- actment of this Act [Oct. 31, 1992], the Task Force shall submit to Congress a report stating the findings and recommendations of the Task Force.’’ AUTHORIZATION OF APPROPRIATIONS Pub. L. 102–580, title V, § 509(b), Oct. 31, 1992, 106 Stat. 4870, provided that: ‘‘There is authorized to be appro- priated to the Administrator to carry out sections 502 and 503 [enacting this section and provisions set out above] such sums as may be necessary.’’ ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 3 of Pub. L. 102–580, set out as a note under section 2201 of this title. § 1271a. Research and development program (a) In general In coordination with other Federal, State, and local officials, the Administrator of the Envi- ronmental Protection Agency may conduct re- search on the development and use of innovative approaches, technologies, and techniques for the remediation of sediment contamination in areas of concern that are located wholly or partially in the United States. (b) Authorization of appropriations (1) In general In addition to any amounts authorized under other provisions of law, there is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2004 through 2010. (2) Availability Funds appropriated under paragraph (1) shall remain available until expended. (Pub. L. 107–303, title I, § 106, Nov. 27, 2002, 116 Stat. 2358; Pub. L. 110–365, § 4, Oct. 8, 2008, 122 Stat. 4023.) Editorial Notes CODIFICATION Section was enacted as part of the Great Lakes Leg- acy Act of 2002, and also as part of the Great Lakes and Lake Champlain Act of 2002, and not as part of the Fed- eral Water Pollution Control Act which comprises this chapter. AMENDMENTS 2008—Subsec. (b)(1). Pub. L. 110–365 added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: ‘‘In addition to amounts authorized under other laws, there is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2004 through 2008.’’ § 1272. Environmental dredging (a) Operation and maintenance of navigation projects Whenever necessary to meet the requirements of the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.], the Secretary, in consulta- tion with the Administrator of the Environ- mental Protection Agency, may remove and re- mediate, as part of operation and maintenance of a navigation project, contaminated sediments outside the boundaries of and adjacent to the navigation channel. (b) Nonproject specific (1) In general The Secretary may remove and remediate contaminated sediments from the navigable waters of the United States for the purpose of environmental enhancement and water qual- ity improvement if such removal and remedi- ation is requested by a non-Federal sponsor and the sponsor agrees to pay 35 percent of the cost of such removal and remediation. (2) Maximum amount The Secretary may not expend more than $50,000,000 in a fiscal year to carry out this subsection. (c) Joint plan requirement The Secretary may only remove and reme- diate contaminated sediments under subsection (b) in accordance with a joint plan developed by the Secretary and interested Federal, State, and local government officials. Such plan must in- clude an opportunity for public comment, a de- scription of the work to be undertaken, the method to be used for dredged material disposal, the roles and responsibilities of the Secretary and non-Federal sponsors, and identification of sources of funding. (d) Disposal costs Costs of disposal of contaminated sediments removed under this section shall be a 1 shared as a cost of construction. (e) Limitation on statutory construction Nothing in this section shall be construed to affect the rights and responsibilities of any per- son under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 U.S.C. 9601 et seq.]. (f) Priority work In carrying out this section, the Secretary shall give priority to work in the following areas: (1) Brooklyn Waterfront, New York. (2) Buffalo Harbor and River, New York. (3) Ashtabula River, Ohio. (4) Mahoning River, Ohio. (5) Lower Fox River, Wisconsin. (6) Passaic River and Newark Bay, New Jer- sey. (7) Snake Creek, Bixby, Oklahoma. (8) Willamette River, Oregon. (g) Nonprofit entities Notwithstanding section 1962d–5b of title 42, for any project carried out under this section, a non-Federal sponsor may include a nonprofit en- tity, with the consent of the affected local gov- ernment. (Pub. L. 101–640, title III, § 312, Nov. 28, 1990, 104 Stat. 4639; Pub. L. 104–303, title II, § 205, Oct. 12, 1996, 110 Stat. 3679; Pub. L. 106–53, title II, § 224, Aug. 17, 1999, 113 Stat. 297; Pub. L. 106–541, title II, § 210(a), Dec. 11, 2000, 114 Stat. 2592.) Page 401 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1273 Editorial Notes REFERENCES IN TEXT The Federal Water Pollution Control Act, referred to in subsec. (a), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to this chapter (§ 1251 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables. The Comprehensive Environmental Response, Com- pensation, and Liability Act of 1980, referred to in sub- sec. (e), is Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, which is classified principally to chapter 103 (§ 9601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of Title 42 and Tables. CODIFICATION Section was formerly set out as a note under section 1252 of this title. Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Federal Water Pollution Control Act which comprises this chapter. AMENDMENTS 2000—Subsec. (g). Pub. L. 106–541 added subsec. (g). 1999—Subsec. (b)(1). Pub. L. 106–53, § 224(1)(A), sub- stituted ‘‘35 percent’’ for ‘‘50 percent’’. Subsec. (b)(2). Pub. L. 106–53, § 224(1)(B), substituted ‘‘$50,000,000’’ for ‘‘$20,000,000’’. Subsec. (d). Pub. L. 106–53, § 224(2), substituted ‘‘shared as a cost of construction’’ for ‘‘non-Federal re- sponsibility’’. Subsec. (f)(6) to (8). Pub. L. 106–53, § 224(3), added pars. (6) to (8). 1996—Subsec. (a). Pub. L. 104–303, § 205(1), inserted ‘‘and remediate’’ after ‘‘remove’’. Subsec. (b)(1). Pub. L. 104–303, § 205(1), (2)(A), inserted ‘‘and remediate’’ after ‘‘remove’’ and inserted ‘‘and re- mediation’’ after ‘‘removal’’ in two places. Subsec. (b)(2). Pub. L. 104–303, § 205(2)(B), substituted ‘‘$20,000,000’’ for ‘‘$10,000,000’’. Subsec. (c). Pub. L. 104–303, § 205(1), inserted ‘‘and re- mediate’’ after ‘‘remove’’. Subsec. (f). Pub. L. 104–303, § 205(3), added subsec. (f) and struck out heading and text of former subsec. (f). Text read as follows: ‘‘This section shall not be effec- tive after the last day of the 5-year period beginning on November 28, 1990; except that the Secretary may com- plete any project commenced under this section on or before such last day.’’ § 1273. Lake Pontchartrain Basin (a) Establishment of restoration program The Administrator shall establish within the Environmental Protection Agency the Lake Pontchartrain Basin Restoration Program. (b) Purpose The purpose of the program shall be to restore the ecological health of the Basin by developing and funding restoration projects and related sci- entific and public education projects. (c) Duties In carrying out the program, the Adminis- trator shall— (1) provide administrative and technical as- sistance to a management conference con- vened for the Basin under section 1330 of this title; (2) assist and support the activities of the management conference, including the imple- mentation of recommendations of the manage- ment conference; (3) support environmental monitoring of the Basin and research to provide necessary tech- nical and scientific information; (4) develop a comprehensive research plan to address the technical needs of the program; (5) coordinate the grant, research, and plan- ning programs authorized under this section; (6) collect and make available to the public publications, and other forms of information the management conference determines to be appropriate, relating to the environmental quality of the Basin; and (7) ensure that the comprehensive conserva- tion and management plan approved for the Basin under section 1330 of this title is re- viewed and revised in accordance with section 1330 of this title not less often than once every 5 years, beginning on December 23, 2022. (d) Grants The Administrator may make grants to pay not more than 75 percent of the costs— (1) for restoration projects and studies iden- tified in the comprehensive conservation and management plan approved for the Basin under section 1330 of this title; and (2) for public education projects rec- ommended by the management conference. (e) Definitions In this section, the following definitions apply: (1) Basin The term ‘‘Basin’’ means the Lake Pont- chartrain Basin, a 10,000 square mile water- shed encompassing 16 parishes in the State of Louisiana and 4 counties in the State of Mis- sissippi. (2) Program The term ‘‘program’’ means the Lake Pont- chartrain Basin Restoration Program estab- lished under subsection (a). (f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2001 through 2012 and the amount appropriated for fiscal year 2009 for each of fis- cal years 2013 through 2017. Such sums shall remain available until expended. (2) Public education projects Not more than 15 percent of the amount ap- propriated pursuant to paragraph (1) in a fiscal year may be expended on grants for public education projects under subsection (d)(2). (3) Administrative expenses Not more than 5 percent of the amounts ap- propriated to carry out this section may be used for administrative expenses. (June 30, 1948, ch. 758, title I, § 121, as added Pub. L. 106–457, title V, § 502, Nov. 7, 2000, 114 Stat. 1973; amended Pub. L. 109–392, § 1, Dec. 12, 2006, 120 Stat. 2703; Pub. L. 112–237, § 1, Dec. 28, 2012, 126 Stat. 1628; Pub. L. 117–263, div. H, title LXXXV, § 8501(c), Dec. 23, 2022, 136 Stat. 3856.)