33 U.S.C. § 1273 — Lake Pontchartrain Basin

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.) Page 402 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1274 Editorial Notes PRIOR PROVISIONS Another section 121 of act June 30, 1948, was renum- bered section 122 and is classified to section 1274 of this title. AMENDMENTS 2022—Subsec. (c)(7). Pub. L. 117–263, § 8501(c)(1)(A), added par. (7). Subsec. (d)(1). Pub. L. 117–263, § 8501(c)(1)(B), sub- stituted ‘‘identified in the comprehensive conservation and management plan approved for the Basin under section 1330 of this title’’ for ‘‘recommended by a man- agement conference convened for the Basin under sec- tion 1330 of this title’’. Subsec. (e)(1). Pub. L. 117–263, § 8501(c)(2), substituted ‘‘10,000 square mile’’ for ‘‘5,000 square mile’’. Subsec. (f)(3). Pub. L. 117–263, § 8501(c)(3), added par (3). 2012—Subsec. (d). Pub. L. 112–237, § 1(1), inserted ‘‘to pay not more than 75 percent of the costs’’ after ‘‘make grants’’ in introductory provisions. Subsec. (f)(1). Pub. L. 112–237, § 1(2), substituted ‘‘2012 and the amount appropriated for fiscal year 2009 for each of fiscal years 2013 through 2017’’ for ‘‘2011’’. 2006—Subsec. (f)(1). Pub. L. 109–392 substituted ‘‘2011’’ for ‘‘2005’’. Statutory Notes and Related Subsidiaries MANAGEMENT CONFERENCE Pub. L. 110–114, title V, § 5084, Nov. 8, 2007, 121 Stat. 1228, provided that: ‘‘For purposes of carrying out sec- tion 121 of the Federal Water Pollution Control Act (33 U.S.C. 1273), the Lake Pontchartrain, Louisiana, basin stakeholders conference convened by the Environ- mental Protection Agency, National Oceanic and At- mospheric Administration, and United States Geologi- cal Survey on February 25, 2002, shall be treated as being a management conference convened under sec- tion 320 of such Act (33 U.S.C. 1330).’’ § 1274. Watershed pilot projects (a) In general The Administrator, in coordination with the States, may provide technical assistance and grants to a municipality or municipal entity to carry out pilot projects relating to the following areas: (1) Watershed management of wet weather dis- charges The management of municipal combined sewer overflows, sanitary sewer overflows, and stormwater discharges, on an integrated wa- tershed or subwatershed basis for the purpose of demonstrating the effectiveness of a unified wet weather approach. (2) Stormwater best management practices The control of pollutants from municipal separate storm sewer systems for the purpose of demonstrating and determining controls that are cost-effective and that use innovative technologies to manage, reduce, treat, recap- ture, or reuse municipal stormwater, includ- ing techniques that utilize infiltration, evapotranspiration, and reuse of stormwater onsite. (3) Watershed partnerships Efforts of municipalities and property own- ers to demonstrate cooperative ways to ad- dress nonpoint sources of pollution to reduce adverse impacts on water quality. (4) Integrated water resource plan The development of an integrated water re- source plan for the coordinated management and protection of surface water, ground water, and stormwater resources on a watershed or subwatershed basis to meet the objectives, goals, and policies of this chapter. (5) Municipality-wide stormwater management planning The development of a municipality-wide plan that identifies the most effective place- ment of stormwater technologies and manage- ment approaches, to reduce water quality im- pairments from stormwater on a municipality- wide basis. (6) Increased resilience of treatment works Efforts to assess future risks and vulnerabilities of publicly owned treatment works to manmade or natural disasters, in- cluding extreme weather events and sea-level rise, and to carry out measures, on a system- wide or area-wide basis, to increase the resil- iency of publicly owned treatment works. (b) Administration The Administrator, in coordination with the States, shall provide municipalities partici- pating in a pilot project under this section the ability to engage in innovative practices, includ- ing the ability to unify separate wet weather control efforts under a single permit. (c) Report to Congress Not later than October 1, 2015, the Adminis- trator shall transmit to Congress a report on the results of the pilot projects conducted under this section and their possible application na- tionwide. (June 30, 1948, ch. 758, title I, § 122, formerly § 121, as added Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 112(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–225; renumbered § 122, Pub. L. 109–392, § 2, Dec. 12, 2006, 120 Stat. 2703; amended Pub. L. 113–121, title V, § 5011, June 10, 2014, 128 Stat. 1327.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–121, § 5011(1), struck out ‘‘Wet weath- er’’ before ‘‘Watershed’’ in section catchline. Subsec. (a). Pub. L. 113–121, § 5011(2)(A), in introduc- tory provisions, substituted ‘‘to a municipality or mu- nicipal entity’’ for ‘‘for treatment works’’ and struck out ‘‘of wet weather discharge control’’ after ‘‘the fol- lowing areas’’. Subsec. (a)(2). Pub. L. 113–121, § 5011(2)(B), substituted ‘‘to manage, reduce, treat, recapture, or reuse munic- ipal stormwater, including techniques that utilize infil- tration, evapotranspiration, and reuse of stormwater onsite’’ for ‘‘in reducing such pollutants from stormwater discharges’’. Subsec. (a)(3) to (6). Pub. L. 113–121, § 5011(2)(C), added pars. (3) to (6). Subsecs. (c), (d). Pub. L. 113–121, § 5011(3)–(5), redesig- nated subsec. (d) as (c), substituted ‘‘October 1, 2015,’’ for ‘‘5 years after December 21, 2000,’’, and struck out former subsec. (c) which authorized appropriations to carry out this section. § 1275. Columbia River Basin Restoration (a) Definitions In this section, the following definitions apply: