33 U.S.C. § 1388 — Requirements

Page 603 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1388 Administrator to carry out the objectives of this section. Audits of the use of funds deposited in the water pollution revolving fund established by such State shall be conducted in accordance with the auditing procedures of the Government Accountability Office, including chapter 75 of title 31. (c) Intended use plan After providing for public comment and re- view, each State shall annually prepare a plan identifying the intended uses of the amounts available to its water pollution control revolv- ing fund. Such intended use plan shall include, but not be limited to— (1) a list of those projects for construction of publicly owned treatment works on the State’s priority list developed pursuant to sec- tion 1296 of this title and a list of activities el- igible for assistance under sections 1329 and 1330 of this title; (2) a description of the short- and long-term goals and objectives of its water pollution con- trol revolving fund; (3) information on the activities to be sup- ported, including a description of project cat- egories, discharge requirements under sub- chapters III and IV of this chapter, terms of fi- nancial assistance, and communities served; (4) assurances and specific proposals for meeting the requirements of paragraphs (3), (4), (5), and (6) of section 1382(b) of this title; and (5) the criteria and method established for the distribution of funds. (d) Annual report Beginning the first fiscal year after the re- ceipt of payments under this subchapter, the State shall provide an annual report to the Ad- ministrator describing how the State has met the goals and objectives for the previous fiscal year as identified in the plan prepared for the previous fiscal year pursuant to subsection (c), including identification of loan recipients, loan amounts, and loan terms and similar details on other forms of financial assistance provided from the water pollution control revolving fund. (e) Annual Federal oversight review The Administrator shall conduct an annual oversight review of each State plan prepared under subsection (c), each State report prepared under subsection (d), and other such materials as are considered necessary and appropriate in carrying out the purposes of this subchapter. After reasonable notice by the Administrator to the State or the recipient of a loan from a water pollution control revolving fund, the State or loan recipient shall make available to the Ad- ministrator such records as the Administrator reasonably requires to review and determine compliance with this subchapter. (f) Applicability of subchapter II provisions Except to the extent provided in this sub- chapter, the provisions of subchapter II shall not apply to grants under this subchapter. (June 30, 1948, ch. 758, title VI, § 606, as added Pub. L. 100–4, title II, § 212(a), Feb. 4, 1987, 101 Stat. 25; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes AMENDMENTS 2004—Subsec. (b). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. § 1387. Authorization of appropriations There are authorized to be appropriated to carry out the purposes of this subchapter— (1) $2,400,000,000 for fiscal year 2022; (2) $2,750,000,000 for fiscal year 2023; (3) $3,000,000,000 for fiscal year 2024; and (4) $3,250,000,000 for each of fiscal years 2025 and 2026. (June 30, 1948, ch. 758, title VI, § 607, as added Pub. L. 100–4, title II, § 212(a), Feb. 4, 1987, 101 Stat. 26; amended Pub. L. 117–58, div. E, title II, § 50210(b), Nov. 15, 2021, 135 Stat. 1169.) Editorial Notes AMENDMENTS 2021—Pub. L. 117–58 amended section generally. Prior to amendment, section related to appropriations for fiscal years 1989 to 1994. § 1388. Requirements (a) In general Funds made available from a State water pol- lution control revolving fund established under this subchapter may not be used for a project for the construction, alteration, maintenance, or repair of treatment works unless all of the iron and steel products used in the project are pro- duced in the United States. (b) Definition of iron and steel products In this section, the term ‘‘iron and steel prod- ucts’’ means the following products made pri- marily of iron or steel: lined or unlined pipes and fittings, manhole covers and other munic- ipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, construction mate- rials. (c) Application Subsection (a) shall not apply in any case or category of cases in which the Administrator finds that— (1) applying subsection (a) would be incon- sistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reason- ably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products pro- duced in the United States will increase the cost of the overall project by more than 25 per- cent. (d) Waiver If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public, on an infor- mal basis, a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Ad- Page 604 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1389 ministrator shall make the request and accom- panying information available by electronic means, including on the official public Internet site of the Environmental Protection Agency. (e) International agreements This section shall be applied in a manner con- sistent with United States obligations under international agreements. (f) Management and oversight The Administrator may retain up to 0.25 per- cent of the funds appropriated for this sub- chapter for management and oversight of the re- quirements of this section. (g) Effective date This section does not apply with respect to a project if a State agency approves the engineer- ing plans and specifications for the project, in that agency’s capacity to approve such plans and specifications prior to a project requesting bids, prior to June 10, 2014. (June 30, 1948, ch. 758, title VI, § 608, as added Pub. L. 113–121, title V, § 5004, June 10, 2014, 128 Stat. 1326.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2014, see section 5006 of Pub. L. 113–121, set out as an Effective Date of 2014 Amend- ment note under section 1381 of this title. § 1389. Clean watersheds needs survey (a) Requirement Not later than 2 years after November 15, 2021, and not less frequently than once every 4 years thereafter, the Administrator shall— (1) conduct and complete an assessment of capital improvement needs for all projects that are eligible under section 1383(c) of this title for assistance from State water pollution control revolving funds; and (2) submit to Congress a report describing the results of the assessment completed under paragraph (1). (b) Authorization of appropriations There is authorized to be appropriated to carry out the initial needs survey under sub- section (a) $5,000,000, to remain available until expended. (June 30, 1948, ch. 758, title VI, § 609, as added Pub. L. 117–58, div. E, title II, § 50220, Nov. 15, 2021, 135 Stat. 1180.) CHAPTER 27—OCEAN DUMPING Sec. 1401. Congressional finding, policy, and declaration of purpose. 1402. Definitions. SUBCHAPTER I—REGULATION 1411. Prohibited acts. 1412. Dumping permit program. 1412a. Emergency dumping of industrial waste. 1413. Dumping permit program for dredged mate- rial. 1414. Permit conditions. 1414a. Special provisions regarding certain dumping sites. Sec. 1414b. Ocean dumping of sewage sludge and indus- trial waste. 1414c. Prohibition on disposal of sewage sludge at landfills on Staten Island. 1415. Penalties. 1416. Relationship to other laws. 1417. Enforcement. 1418. Regulations. 1419. International cooperation. 1420. Authorization of appropriations. 1421. Omitted. SUBCHAPTER II—RESEARCH 1441. Monitoring and research program. 1442. Research program respecting possible long- range effects of pollution, overfishing, and man-induced changes of ocean ecosystems. 1443. Research program respecting ocean dumping and other methods of waste disposal. 1444. Annual reports. 1445. Authorization of appropriations. § 1401. Congressional finding, policy, and dec- laration of purpose (a) Dangers of unregulated dumping Unregulated dumping of material into ocean waters endangers human health, welfare, and amenities, and the marine environment, ecologi- cal systems, and economic potentialities. (b) Policy of regulation and prevention or limita- tion The Congress declares that it is the policy of the United States to regulate the dumping of all types of materials into ocean waters and to pre- vent or strictly limit the dumping into ocean waters of any material which would adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities. (c) Regulation of dumping and transportation for dumping purposes It is the purpose of this Act to regulate (1) the transportation by any person of material from the United States and, in the case of United States vessels, aircraft, or agencies, the trans- portation of material from a location outside the United States, when in either case the trans- portation is for the purpose of dumping the ma- terial into ocean waters, and (2) the dumping of material transported by any person from a loca- tion outside the United States, if the dumping occurs in the territorial sea or the contiguous zone of the United States. (Pub. L. 92–532, § 2, Oct. 23, 1972, 86 Stat. 1052; Pub. L. 93–254, § 1(1), Mar. 22, 1974, 88 Stat. 50.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (c), means Pub. L. 92–532, which is classified generally to this chapter, chapter 41 (§ 2801 et seq.) of this title, and chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Con- servation. AMENDMENTS 1974—Subsec. (b). Pub. L. 93–254 struck out statement of the purpose of this Act as being the regulation of transportation of material from the United States for dumping into ocean waters, and the dumping of mate- rial, transported from outside the United States, if the