33 U.S.C. § 1330 — National estuary program

Page 557 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1330 to be applied and administered on and after Nov. 27, 2002, as if amendments made by section 501(a)–(d) of Pub. L. 105–362 had not been enacted, see section 302(b) of Pub. L. 107–303, set out as a note under section 1254 of this title. § 1330. National estuary program (a) Management conference (1) Nomination of estuaries The Governor of any State may nominate to the Administrator an estuary lying in whole or in part within the State as an estuary of national significance and request a manage- ment conference to develop a comprehensive management plan for the estuary. The nomi- nation shall document the need for the con- ference, the likelihood of success, and infor- mation relating to the factors in paragraph (2). (2) Convening of conference (A) In general In any case where the Administrator de- termines, on his own initiative or upon nom- ination of a State under paragraph (1), that the attainment or maintenance of that water quality in an estuary which assures protection of public water supplies and the protection and propagation of a balanced, in- digenous population of shellfish, fish, and wildlife, and allows recreational activities, in and on the water, requires the control of point and nonpoint sources of pollution to supplement existing controls of pollution in more than one State, the Administrator shall select such estuary and convene a man- agement conference. (B) Priority consideration The Administrator shall give priority con- sideration under this section to Long Island Sound, New York and Connecticut; Narra- gansett Bay, Rhode Island; Buzzards Bay, Massachusetts; Massachusetts Bay, Massa- chusetts (including Cape Cod Bay and Bos- ton Harbor); Puget Sound, Washington; New York-New Jersey Harbor, New York and New Jersey; Delaware Bay, Delaware and New Jersey; Delaware Inland Bays, Delaware; Al- bemarle Sound, North Carolina; Sarasota Bay, Florida; San Francisco Bay, California; Santa Monica Bay, California; Galveston Bay, Texas; Barataria-Terrebonne Bay estu- ary complex, Louisiana; Indian River La- goon, Florida; Lake Pontchartrain Basin, Louisiana and Mississippi; Peconic Bay, New York; Casco Bay, Maine; Tampa Bay, Flor- ida; Coastal Bend, Texas; San Juan Bay, Puerto Rico; Tillamook Bay, Oregon; Piscataqua Region, New Hampshire; Bar- negat Bay, New Jersey; Maryland Coastal Bays, Maryland; Charlotte Harbor, Florida; Mobile Bay, Alabama; Morro Bay, Cali- fornia; Lower Columbia River, Oregon and Washington; and Pensacola and Perdido Bays, Florida. (3) Boundary dispute exception In any case in which a boundary between two States passes through an estuary and such boundary is disputed and is the subject of an action in any court, the Administrator shall not convene a management conference with respect to such estuary before a final adjudica- tion has been made of such dispute. (b) Purposes of conference The purposes of any management conference convened with respect to an estuary under this subsection shall be to— (1) assess trends in water quality, natural re- sources, and uses of the estuary; (2) collect, characterize, and assess data on toxics, nutrients, and natural resources within the estuarine zone to identify the causes of en- vironmental problems; (3) develop the relationship between the inplace loads and point and nonpoint loadings of pollutants to the estuarine zone and the po- tential uses of the zone, water quality, and natural resources; (4) develop a comprehensive conservation and management plan that— (A) recommends priority corrective ac- tions and compliance schedules addressing point and nonpoint sources of pollution to restore and maintain the chemical, physical, and biological integrity of the estuary, in- cluding restoration and maintenance of water quality, a balanced indigenous popu- lation of shellfish, fish and wildlife, and rec- reational activities in the estuary, and as- sure that the designated uses of the estuary are protected; (B) addresses the effects of recurring ex- treme weather events on the estuary, includ- ing the identification and assessment of vulnerabilities in the estuary and the devel- opment and implementation of adaptation strategies; and (C) increases public education and aware- ness of the ecological health and water qual- ity conditions of the estuary; (5) develop plans for the coordinated imple- mentation of the plan by the States as well as Federal and local agencies participating in the conference; (6) monitor the effectiveness of actions taken pursuant to the plan; and (7) review all Federal financial assistance programs and Federal development projects in accordance with the requirements of Execu- tive Order 12372, as in effect on September 17, 1983, to determine whether such assistance program or project would be consistent with and further the purposes and objectives of the plan prepared under this section. For purposes of paragraph (7), such programs and projects shall not be limited to the assist- ance programs and development projects subject to Executive Order 12372, but may include any programs listed in the most recent Catalog of Federal Domestic Assistance which may have an effect on the purposes and objectives of the plan developed under this section. (c) Members of conference The members of a management conference convened under this section shall include, at a minimum, the Administrator and representa- tives of— (1) each State and foreign nation located in whole or in part in the estuarine zone of the estuary for which the conference is convened; Page 558 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1330 (2) international, interstate, or regional agencies or entities having jurisdiction over all or a significant part of the estuary; (3) each interested Federal agency, as deter- mined appropriate by the Administrator; (4) local governments having jurisdiction over any land or water within the estuarine zone, as determined appropriate by the Admin- istrator; and (5) affected industries, public and private educational institutions, nonprofit organiza- tions, and the general public, as determined appropriate by the Administrator. (d) Utilization of existing data In developing a conservation and management plan under this section, the management con- ference shall survey and utilize existing reports, data, and studies relating to the estuary that have been developed by or made available to Federal, interstate, State, and local agencies. (e) Period of conference A management conference convened under this section shall be convened for a period not to exceed 5 years. Such conference may be ex- tended by the Administrator, and if terminated after the initial period, may be reconvened by the Administrator at any time thereafter, as may be necessary to meet the requirements of this section. (f) Approval and implementation of plans (1) Approval Not later than 120 days after the completion of a conservation and management plan and after providing for public review and com- ment, the Administrator shall approve such plan if the plan meets the requirements of this section and the affected Governor or Gov- ernors concur. (2) Implementation Upon approval of a conservation and man- agement plan under this section, such plan shall be implemented. Funds authorized to be appropriated under subchapters II and VI of this chapter and section 1329 of this title may be used in accordance with the applicable re- quirements of this chapter to assist States with the implementation of such plan. (g) Grants (1) Recipients The Administrator is authorized to make grants to State, interstate, and regional water pollution control agencies and entities, State coastal zone management agencies, interstate agencies, other public or nonprofit private agencies, institutions, organizations, and indi- viduals. (2) Purposes Grants under this subsection shall be made to pay for activities necessary for the develop- ment and implementation of a comprehensive conservation and management plan under this section. (3) Federal share The Federal share of a grant to any person (including a State, interstate, or regional agency or entity) under this subsection for a fiscal year— (A) shall not exceed— (i) 75 percent of the annual aggregate costs of the development of a comprehen- sive conservation and management plan; and (ii) 50 percent of the annual aggregate costs of the implementation of the plan; and (B) shall be made on condition that the non-Federal share of the costs are provided from non-Federal sources. (4) Competitive awards (A) In general Using the amounts made available under subsection (i)(2)(B), the Administrator shall make competitive awards under this para- graph. (B) Application for awards The Administrator shall solicit applica- tions for awards under this paragraph from State, interstate, and regional water pollu- tion control agencies and entities, State coastal zone management agencies, inter- state agencies, other public or nonprofit pri- vate agencies, institutions, organizations, and individuals. (C) Selection of recipients In selecting award recipients under this paragraph, the Administrator shall select re- cipients that are best able to address urgent, emerging, and challenging issues that threaten the ecological and economic well- being of the estuaries selected by the Ad- ministrator under subsection (a)(2), or that relate to the coastal resiliency of such estu- aries. Such issues shall include— (i) extensive seagrass habitat losses re- sulting in significant impacts on fisheries and water quality; (ii) recurring harmful algae blooms; (iii) unusual marine mammal mortali- ties; (iv) invasive exotic species that may threaten wastewater systems and cause other damage; (v) jellyfish proliferation limiting com- munity access to water during peak tour- ism seasons; (vi) stormwater runoff; (vii) accelerated land loss; (viii) flooding that may be related to sea level rise, extreme weather, or wetland degradation or loss; and (ix) low dissolved oxygen conditions in estuarine waters and related nutrient management. (h) Grant reporting Any person (including a State, interstate, or regional agency or entity) that receives a grant under subsection (g) shall report to the Adminis- trator not later than 18 months after receipt of such grant and biennially thereafter on the progress being made under this section. (i) Authorization of appropriations (1) In general There is authorized to be appropriated to the Administrator $26,500,000 for each of fiscal Page 559 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1330 years 2017 through 2021, and $50,000,000 for each of fiscal years 2022 through 2026, for— (A) expenses relating to the administra- tion of grants or awards by the Adminis- trator under this section, including the award and oversight of grants and awards, except that such expenses may not exceed 5 percent of the amount appropriated under this subsection for a fiscal year; and (B) making grants and awards under sub- section (g). (2) Allocations (A) Conservation and management plans Not less than 80 percent of the amount made available under this subsection for a fiscal year shall be used by the Adminis- trator to provide grant assistance for the de- velopment, implementation, and monitoring of each of the conservation and management plans eligible for grant assistance under sub- section (g)(2). (B) Competitive awards Not less than 15 percent of the amount made available under this subsection for a fiscal year shall be used by the Adminis- trator for making competitive awards de- scribed in subsection (g)(4). (j) Research (1) Programs In order to determine the need to convene a management conference under this section or at the request of such a management con- ference, the Administrator shall coordinate and implement, through the National Marine Pollution Program Office and the National Marine Fisheries Service of the National Oce- anic and Atmospheric Administration, as ap- propriate, for one or more estuarine zones— (A) a long-term program of trend assess- ment monitoring measuring variations in pollutant concentrations, marine ecology, and other physical or biological environ- mental parameters which may affect estua- rine zones, to provide the Administrator the capacity to determine the potential and ac- tual effects of alternative management strategies and measures; (B) a program of ecosystem assessment as- sisting in the development of (i) baseline studies which determine the state of estua- rine zones and the effects of natural and an- thropogenic changes, and (ii) predictive models capable of translating information on specific discharges or general pollutant loadings within estuarine zones into a set of probable effects on such zones; (C) a comprehensive water quality sam- pling program for the continuous moni- toring of nutrients, chlorine, acid precipita- tion dissolved oxygen, and potentially toxic pollutants (including organic chemicals and metals) in estuarine zones, after consulta- tion with interested State, local, interstate, or international agencies and review and analysis of all environmental sampling data presently collected from estuarine zones; and (D) a program of research to identify the movements of nutrients, sediments and pol- lutants through estuarine zones and the im- pact of nutrients, sediments, and pollutants on water quality, the ecosystem, and des- ignated or potential uses of the estuarine zones. (2) Reports The Administrator, in cooperation with the Administrator of the National Oceanic and At- mospheric Administration, shall submit to the Congress no less often than biennially a com- prehensive report on the activities authorized under this subsection including— (A) a listing of priority monitoring and re- search needs; (B) an assessment of the state and health of the Nation’s estuarine zones, to the ex- tent evaluated under this subsection; (C) a discussion of pollution problems and trends in pollutant concentrations with a di- rect or indirect effect on water quality, the ecosystem, and designated or potential uses of each estuarine zone, to the extent evalu- ated under this subsection; and (D) an evaluation of pollution abatement activities and management measures so far implemented to determine the degree of im- provement toward the objectives expressed in subsection (b)(4) of this section. (k) Definitions For purposes of this section, the terms ‘‘estu- ary’’ and ‘‘estuarine zone’’ have the meanings such terms have in section 1254(n)(4) of this title, except that the term ‘‘estuarine zone’’ shall also include associated aquatic ecosystems and those portions of tributaries draining into the estuary up to the historic height of migra- tion of anadromous fish or the historic head of tidal influence, whichever is higher. (June 30, 1948, ch. 758, title III, § 320, as added Pub. L. 100–4, title III, § 317(b), Feb. 4, 1987, 101 Stat. 61; amended Pub. L. 100–202, § 101(f) [title II, 201], Dec. 22, 1987, 101 Stat. 1329–187, 1329–197; Pub. L. 100–653, title X, § 1004, Nov. 14, 1988, 102 Stat. 3836; Pub. L. 100–688, title II, § 2001, Nov. 18, 1988, 102 Stat. 4151; Pub. L. 105–362, title V, § 501(a)(2), Nov. 10, 1998, 112 Stat. 3283; Pub. L. 106–457, title III, §§ 301—303, Nov. 7, 2000, 114 Stat. 1972; Pub. L. 107–303, title III, § 302(b)(1), Nov. 27, 2002, 116 Stat. 2361; Pub. L. 108–399, § 1, Oct. 30, 2004, 118 Stat. 2253; Pub. L. 114–162, §§ 1, 2, May 20, 2016, 130 Stat. 409; Pub. L. 116–337, §§ 2–6, Jan. 13, 2021, 134 Stat. 5120, 5121; Pub. L. 118–152, § 2, Dec. 17, 2024, 138 Stat. 1686.) Editorial Notes REFERENCES IN TEXT Executive Order 12372, referred to in subsec. (b), is Ex. Ord. No. 12372, July 14, 1982, 47 F.R. 30959, as amended, which is set out under section 6506 of Title 31, Money and Finance. AMENDMENTS 2024—Subsec. (a)(2)(B). Pub. L. 118–152 substituted ‘‘Lower Columbia River, Oregon and Washington; and Pensacola and Perdido Bays, Florida’’ for ‘‘and Lower Columbia River, Oregon and Washington’’. 2021—Subsec. (a)(2)(B). Pub. L. 116–337, § 2, substituted ‘‘Peconic Bay, New York; Casco Bay, Maine; Tampa Bay, Florida; Coastal Bend, Texas; San Juan Bay, Puer- Page 560 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1330 to Rico; Tillamook Bay, Oregon; Piscataqua Region, New Hampshire; Barnegat Bay, New Jersey; Maryland Coastal Bays, Maryland; Charlotte Harbor, Florida; Mobile Bay, Alabama; Morro Bay, California; and Lower Columbia River, Oregon and Washington’’ for ‘‘and Peconic Bay, New York’’. Subsec. (b)(4). Pub. L. 116–337, § 3, inserted dash after ‘‘management plan that’’ and subpar. (A) designation before ‘‘recommends’’ and added subpars. (B) and (C). Subsec. (c)(5). Pub. L. 116–337, § 4, inserted ‘‘nonprofit organizations,’’ after ‘‘educational institutions,’’. Subsec. (g)(4)(C). Pub. L. 116–337, § 5(1), in introduc- tory provisions, inserted ‘‘, emerging,’’ after ‘‘urgent’’ and substituted ‘‘the estuaries selected by the Adminis- trator under subsection (a)(2), or that relate to the coastal resiliency of such estuaries’’ for ‘‘coastal areas’’. Subsec. (g)(4)(C)(vi), (vii). Pub. L. 116–337, § 5(2), added cls. (vi) and (vii). Former cls. (vi) and (vii) redesignated (viii) and (ix), respectively. Subsec. (g)(4)(C)(viii). Pub. L. 116–337, § 5(2), (3), redes- ignated cl. (vi) as (viii) and inserted ‘‘, extreme weath- er,’’ after ‘‘sea level rise’’. Subsec. (g)(4)(C)(ix). Pub. L. 116–337, § 5(2), redesig- nated cl. (vii) as (ix). Subsec. (i)(1). Pub. L. 116–337, § 6, inserted ‘‘, and $50,000,000 for each of fiscal years 2022 through 2026,’’ after ‘‘2021’’. 2016—Subsec. (g)(4). Pub. L. 114–162, § 1, added par. (4). Subsec. (i). Pub. L. 114–162, § 2, added subsec. (i) and struck out former subsec. (i) which related to author- ization of appropriations for fiscal years 2001 through 2010. 2004—Subsec. (i). Pub. L. 108–399 substituted ‘‘2010’’ for ‘‘2005’’ in introductory provisions. 2002—Subsec. (k). Pub. L. 107–303 repealed Pub. L. 105–362, § 501(a)(2). See 1998 Amendment note below. 2000—Subsec. (a)(2)(B). Pub. L. 106–457, § 301, inserted ‘‘Lake Pontchartrain Basin, Louisiana and Mis- sissippi;’’ before ‘‘and Peconic Bay, New York.’’ Subsec. (g)(2), (3). Pub. L. 106–457, § 302, added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows: ‘‘(2) PURPOSES.—Grants under this subsection shall be made to pay for assisting research, surveys, studies, and modeling and other technical work necessary for the development of a conservation and management plan under this section. ‘‘(3) FEDERAL SHARE.—The amount of grants to any person (including a State, interstate, or regional agen- cy or entity) under this subsection for a fiscal year shall not exceed 75 percent of the costs of such re- search, survey, studies, and work and shall be made on condition that the non-Federal share of such costs are provided from non-Federal sources.’’ Subsec. (i). Pub. L. 106–457, § 303, substituted ‘‘$35,000,000 for each of fiscal years 2001 through 2005’’ for ‘‘$12,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991’’. 1998—Subsec. (k). Pub. L. 105–362, § 501(a)(2), which di- rected the substitution of ‘‘section 1254(n)(3)’’ for ‘‘sec- tion 1254(n)(4)’’, was repealed by Pub. L. 107–303. See Ef- fective Date of 2002 Amendment note below. 1988—Subsec. (a)(2)(B). Pub. L. 100–653, § 1004, and Pub. L. 100–688, § 2001(1), made identical amendments, insert- ing ‘‘Massachusetts Bay, Massachusetts (including Cape Cod Bay and Boston Harbor);’’ after ‘‘Buzzards Bay, Massachusetts;’’. Pub. L. 100–688, § 2001(2), substituted ‘‘California; Gal- veston’’ for ‘‘California; and Galveston’’. Pub. L. 100–688, § 2001(3), which directed insertion of ‘‘; Barataria-Terrebonne Bay estuary complex, Lou- isiana; Indian River Lagoon, Florida; and Peconic Bay, New York’’ after ‘‘Galveston Bay, Texas;’’ was executed by making insertion after ‘‘Galveston Bay, Texas’’ as probable intent of Congress. 1987—Subsec. (a)(2)(B). Pub. L. 100–202 inserted ‘‘Santa Monica Bay, California;’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–303 effective Nov. 10, 1998, and Federal Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and administered on and after Nov. 27, 2002, as if amendments made by section 501(a)–(d) of Pub. L. 105–362 had not been enacted, see section 302(b) of Pub. L. 107–303, set out as a note under section 1254 of this title. MASSACHUSETTS BAY PROTECTION; DEFINITION; FINDINGS AND PURPOSE; FUNDING SOURCES Pub. L. 100–653, title X, §§ 1002, 1003, 1005, Nov. 14, 1988, 102 Stat. 3835, 3836, provided that: ‘‘SEC. 1002. DEFINITION. ‘‘For purposes of this title [amending section 1330 of this title and enacting provisions set out as notes under sections 1251 and 1330 of this title], the term ‘Massachusetts Bay’ includes Massachusetts Bay, Cape Cod Bay, and Boston Harbor, consisting of an area ex- tending from Cape Ann, Massachusetts south to the northern reach of Cape Cod, Massachusetts. ‘‘SEC. 1003. FINDINGS AND PURPOSE. ‘‘(a) FINDINGS.—The Congress finds and declares that— ‘‘(1) Massachusetts Bay comprises a single major estuarine and oceanographic system extending from Cape Ann, Massachusetts south to the northern reaches of Cape Cod, encompassing Boston Harbor, Massachusetts Bay, and Cape Cod Bay; ‘‘(2) several major riverine systems, including the Charles, Neponset, and Mystic Rivers, drain the wa- tersheds of eastern Massachusetts into the Bay; ‘‘(3) the shorelines of Massachusetts Bay, first occu- pied in the middle 1600’s, are home to over 4 million people and support a thriving industrial and rec- reational economy; ‘‘(4) Massachusetts Bay supports important com- mercial fisheries, including lobsters, finfish, and shellfisheries, and is home to or frequented by several endangered species and marine mammals; ‘‘(5) Massachusetts Bay also constitutes an impor- tant recreational resource, providing fishing, swim- ming, and boating opportunities to the region; ‘‘(6) rapidly expanding coastal populations and pol- lution pose increasing threats to the long-term health and integrity of Massachusetts Bay; ‘‘(7) while the cleanup of Boston Harbor will con- tribute significantly to improving the overall envi- ronmental quality of Massachusetts Bay, expanded efforts encompassing the entire ecosystem will be necessary to ensure its long-term health; ‘‘(8) the concerted efforts of all levels of Govern- ment, the private sector, and the public at large will be necessary to protect and enhance the environ- mental integrity of Massachusetts Bay; and ‘‘(9) the designation of Massachusetts Bay as an Es- tuary of National Significance and the development of a comprehensive plan for protecting and restoring the Bay may contribute significantly to its long-term health and environmental integrity. ‘‘(b) PURPOSE.—The purpose of this title is to protect and enhance the environmental quality of Massachu- setts Bay by providing for its designation as an Estuary of National Significance and by providing for the prep- aration of a comprehensive restoration plan for the Bay. ‘‘SEC. 1005. FUNDING SOURCES. ‘‘Within one year of enactment [Nov. 14, 1988], the Ad- ministrator of the United States Environmental Pro- tection Agency and the Governor of Massachusetts shall undertake to identify and make available sources of funding to support activities pertaining to Massa- chusetts Bay undertaken pursuant to or authorized by section 320 of the Clean Water Act [33 U.S.C. 1330], and shall make every effort to coordinate existing research, monitoring or control efforts with such activities.’’ Page 561 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1341 PURPOSES AND POLICIES OF NATIONAL ESTUARY PROGRAM Pub. L. 100–4, title III, § 317(a), Feb. 4, 1987, 101 Stat. 61, provided that: ‘‘(1) FINDINGS.—Congress finds and declares that— ‘‘(A) the Nation’s estuaries are of great importance for fish and wildlife resources and recreation and eco- nomic opportunity; ‘‘(B) maintaining the health and ecological integ- rity of these estuaries is in the national interest; ‘‘(C) increasing coastal population, development, and other direct and indirect uses of these estuaries threaten their health and ecological integrity; ‘‘(D) long-term planning and management will con- tribute to the continued productivity of these areas, and will maximize their utility to the Nation; and ‘‘(E) better coordination among Federal and State programs affecting estuaries will increase the effec- tiveness and efficiency of the national effort to pro- tect, preserve, and restore these areas. ‘‘(2) PURPOSES.—The purposes of this section [enact- ing this section] are to— ‘‘(A) identify nationally significant estuaries that are threatened by pollution, development, or overuse; ‘‘(B) promote comprehensive planning for, and con- servation and management of, nationally significant estuaries; ‘‘(C) encourage the preparation of management plans for estuaries of national significance; and ‘‘(D) enhance the coordination of estuarine re- search.’’ SUBCHAPTER IV—PERMITS AND LICENSES § 1341. Certification (a) Compliance with applicable requirements; application; procedures; license suspension (1) Any applicant for a Federal license or per- mit to conduct any activity including, but not limited to, the construction or operation of fa- cilities, which may result in any discharge into the navigable waters, shall provide the licensing or permitting agency a certification from the State in which the discharge originates or will originate, or, if appropriate, from the interstate water pollution control agency having jurisdic- tion over the navigable waters at the point where the discharge originates or will originate, that any such discharge will comply with the applicable provisions of sections 1311, 1312, 1313, 1316, and 1317 of this title. In the case of any such activity for which there is not an applica- ble effluent limitation or other limitation under sections 1311(b) and 1312 of this title, and there is not an applicable standard under sections 1316 and 1317 of this title, the State shall so certify, except that any such certification shall not be deemed to satisfy section 1371(c) of this title. Such State or interstate agency shall establish procedures for public notice in the case of all ap- plications for certification by it and, to the ex- tent it deems appropriate, procedures for public hearings in connection with specific applica- tions. In any case where a State or interstate agency has no authority to give such a certifi- cation, such certification shall be from the Ad- ministrator. If the State, interstate agency, or Administrator, as the case may be, fails or re- fuses to act on a request for certification, within a reasonable period of time (which shall not ex- ceed one year) after receipt of such request, the certification requirements of this subsection shall be waived with respect to such Federal ap- plication. No license or permit shall be granted until the certification required by this section has been obtained or has been waived as pro- vided in the preceding sentence. No license or permit shall be granted if certification has been denied by the State, interstate agency, or the Administrator, as the case may be. (2) Upon receipt of such application and cer- tification the licensing or permitting agency shall immediately notify the Administrator of such application and certification. Whenever such a discharge may affect, as determined by the Administrator, the quality of the waters of any other State, the Administrator within thir- ty days of the date of notice of application for such Federal license or permit shall so notify such other State, the licensing or permitting agency, and the applicant. If, within sixty days after receipt of such notification, such other State determines that such discharge will affect the quality of its waters so as to violate any water quality requirements in such State, and within such sixty-day period notifies the Admin- istrator and the licensing or permitting agency in writing of its objection to the issuance of such license or permit and requests a public hearing on such objection, the licensing or per- mitting agency shall hold such a hearing. The Administrator shall at such hearing submit his evaluation and recommendations with respect to any such objection to the licensing or permit- ting agency. Such agency, based upon the rec- ommendations of such State, the Administrator, and upon any additional evidence, if any, pre- sented to the agency at the hearing, shall condi- tion such license or permit in such manner as may be necessary to insure compliance with ap- plicable water quality requirements. If the im- position of conditions cannot insure such com- pliance such agency shall not issue such license or permit. (3) The certification obtained pursuant to paragraph (1) of this subsection with respect to the construction of any facility shall fulfill the requirements of this subsection with respect to certification in connection with any other Fed- eral license or permit required for the operation of such facility unless, after notice to the certi- fying State, agency, or Administrator, as the case may be, which shall be given by the Federal agency to whom application is made for such op- erating license or permit, the State, or if appro- priate, the interstate agency or the Adminis- trator, notifies such agency within sixty days after receipt of such notice that there is no longer reasonable assurance that there will be compliance with the applicable provisions of sections 1311, 1312, 1313, 1316, and 1317 of this title because of changes since the construction license or permit certification was issued in (A) the construction or operation of the facility, (B) the characteristics of the waters into which such discharge is made, (C) the water quality criteria applicable to such waters or (D) applica- ble effluent limitations or other requirements. This paragraph shall be inapplicable in any case where the applicant for such operating license or permit has failed to provide the certifying State, or, if appropriate, the interstate agency or the Administrator, with notice of any pro- posed changes in the construction or operation of the facility with respect to which a construc-