33 U.S.C. § 1252 — Comprehensive programs for water pollu-

Page 355 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1252 other discrimination, under title VI of the Civil Rights Act of 1964 [section 2000d et seq. of Title 42, The Public Health and Welfare]. However, this remedy is not ex- clusive and will not prejudice or cut off any other legal remedies available to a discriminatee.’’ DEFINITION OF ‘‘ADMINISTRATOR’’ Pub. L. 100–4, § 1(d), Feb. 4, 1987, 101 Stat. 8, provided that: ‘‘For purposes of this Act [see Short Title of 1987 Amendment note above], the term ‘Administrator’ means the Administrator of the Environmental Protec- tion Agency.’’ Executive Documents STANDARDS For provisions relating to the responsibility of the head of each Executive agency for compliance with ap- plicable pollution control standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under section 4321 of Title 42, The Public Health and Welfare. CONTIGUOUS ZONE OF UNITED STATES For extension of contiguous zone of United States, see Proc. No. 7219, set out as a note under section 1331 of Title 43, Public Lands. PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL POLLUTION AT FEDERAL FACILITIES Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under section 4321 of Title 42, The Public Health and Welfare, provides for the prevention, con- trol, and abatement of environmental pollution at fed- eral facilities. EXECUTIVE ORDER NO. 11548 Ex. Ord. No. 11548, July 20, 1970, 35 F.R. 11677, which related to the delegation of Presidential functions, was superseded by Ex. Ord. No. 11735, Aug. 3, 1973, 38 F.R. 21243, formerly set out as a note under section 1321 of this title. EX. ORD. NO. 11742. DELEGATION OF FUNCTIONS TO SEC- RETARY OF STATE RESPECTING THE NEGOTIATION OF INTERNATIONAL AGREEMENTS RELATING TO THE EN- HANCEMENT OF THE ENVIRONMENT Ex. Ord. No. 11742, Oct. 23, 1973, 38 F.R. 29457, pro- vided: Under and by virtue of the authority vested in me by section 301 of title 3 of the United States Code and as President of the United States, I hereby authorize and empower the Secretary of State, in coordination with the Council on Environmental Quality, the Environ- mental Protection Agency, and other appropriate Fed- eral agencies, to perform, without the approval, ratifi- cation, or other action of the President, the functions vested in the President by Section 7 of the Federal Water Pollution Control Act Amendments of 1972 (Pub- lic Law 92–500; 86 Stat. 898) with respect to inter- national agreements relating to the enhancement of the environment. RICHARD NIXON. § 1252. Comprehensive programs for water pollu- tion control (a) Preparation and development The Administrator shall, after careful inves- tigation, and in cooperation with other Federal agencies, State water pollution control agen- cies, interstate agencies, and the municipalities and industries involved, prepare or develop com- prehensive programs for preventing, reducing, or eliminating the pollution of the navigable wa- ters and ground waters and improving the sani- tary condition of surface and underground wa- ters. In the development of such comprehensive programs due regard shall be given to the im- provements which are necessary to conserve such waters for the protection and propagation of fish and aquatic life and wildlife, recreational purposes, and the withdrawal of such waters for public water supply, agricultural, industrial, and other purposes. For the purpose of this sec- tion, the Administrator is authorized to make joint investigations with any such agencies of the condition of any waters in any State or States, and of the discharges of any sewage, in- dustrial wastes, or substance which may ad- versely affect such waters. (b) Planning for reservoirs; storage for regula- tion of streamflow (1) In the survey or planning of any reservoir by the Corps of Engineers, Bureau of Reclama- tion, or other Federal agency, consideration shall be given to inclusion of storage for regula- tion of streamflow, except that any such storage and water releases shall not be provided as a substitute for adequate treatment or other methods of controlling waste at the source. (2) The need for and the value of storage for regulation of streamflow (other than for water quality) including but not limited to navigation, salt water intrusion, recreation, esthetics, and fish and wildlife, shall be determined by the Corps of Engineers, Bureau of Reclamation, or other Federal agencies. (3) The need for, the value of, and the impact of, storage for water quality control shall be de- termined by the Administrator, and his views on these matters shall be set forth in any report or presentation to Congress proposing authoriza- tion or construction of any reservoir including such storage. (4) The value of such storage shall be taken into account in determining the economic value of the entire project of which it is a part, and costs shall be allocated to the purpose of regula- tion of streamflow in a manner which will in- sure that all project purposes, share equitably in the benefit of multiple-purpose construction. (5) Costs of regulation of streamflow features incorporated in any Federal reservoir or other impoundment under the provisions of this chap- ter shall be determined and the beneficiaries identified and if the benefits are widespread or national in scope, the costs of such features shall be nonreimbursable. (6) No license granted by the Federal Energy Regulatory Commission for a hydroelectric power project shall include storage for regula- tion of streamflow for the purpose of water qual- ity control unless the Administrator shall rec- ommend its inclusion and such reservoir storage capacity shall not exceed such proportion of the total storage required for the water quality con- trol plan as the drainage area of such reservoir bears to the drainage area of the river basin or basins involved in such water quality control plan. (c) Basins; grants to State agencies (1) The Administrator shall, at the request of the Governor of a State, or a majority of the Governors when more than one State is in- volved, make a grant to pay not to exceed 50 per centum of the administrative expenses of a plan- Page 356 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1252a ning agency for a period not to exceed three years, which period shall begin after October 18, 1972, if such agency provides for adequate rep- resentation of appropriate State, interstate, local, or (when appropriate) international inter- ests in the basin or portion thereof involved and is capable of developing an effective, comprehen- sive water quality control plan for a basin or portion thereof. (2) Each planning agency receiving a grant under this subsection shall develop a com- prehensive pollution control plan for the basin or portion thereof which— (A) is consistent with any applicable water quality standards effluent and other limita- tions, and thermal discharge regulations es- tablished pursuant to current law within the basin; (B) recommends such treatment works as will provide the most effective and economical means of collection, storage, treatment, and elimination of pollutants and recommends means to encourage both municipal and indus- trial use of such works; (C) recommends maintenance and improve- ment of water quality within the basin or por- tion thereof and recommends methods of ade- quately financing those facilities as may be necessary to implement the plan; and (D) as appropriate, is developed in coopera- tion with, and is consistent with any com- prehensive plan prepared by the Water Re- sources Council, any areawide waste manage- ment plans developed pursuant to section 1288 of this title, and any State plan developed pur- suant to section 1313(e) of this title. (3) For the purposes of this subsection the term ‘‘basin’’ includes, but is not limited to, riv- ers and their tributaries, streams, coastal wa- ters, sounds, estuaries, bays, lakes, and portions thereof as well as the lands drained thereby. (June 30, 1948, ch. 758, title I, § 102, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 817; amended Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583; Pub. L. 95–217, § 5(b), Dec. 27, 1977, 91 Stat. 1567; Pub. L. 104–66, title II, § 2021(a), Dec. 21, 1995, 109 Stat. 726.) Editorial Notes AMENDMENTS 1995—Subsec. (d). Pub. L. 104–66 struck out subsec. (d) which read as follows: ‘‘The Administrator, after con- sultation with the States, and River Basin Commis- sions established under the Water Resources Planning Act, shall submit a report to Congress on or before July 1, 1978, which analyzes the relationship between pro- grams under this chapter, and the programs by which State and Federal agencies allocate quantities of water. Such report shall include recommendations con- cerning the policy in section 1251(g) of this title to im- prove coordination of efforts to reduce and eliminate pollution in concert with programs for managing water resources.’’ 1977—Subsec. (d). Pub. L. 95–217 added subsec. (d). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Federal Energy Regulatory Commission’’ sub- stituted for ‘‘Federal Power Commission’’ in subsec. (b)(6) on authority of Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583, which is classi- fied to section 7172(a)(1)(A) of Title 42, The Public Health and Welfare. Executive Documents EXECUTIVE ORDER NO. 10014 Ex. Ord. No. 10014, Nov. 3, 1948, 13 F.R. 6601, which re- lated to the cooperation of Federal and State agencies to prevent pollution of surface and underground waters, was superseded by Ex. Ord. No. 11258, Nov. 17, 1965, 30 F.R. 14483. § 1252a. Reservoir projects, water storage; modi- fication; storage for other than for water quality, opinion of Federal agency, com- mittee resolutions of approval; provisions in- applicable to projects with certain pre- scribed water quality benefits in relation to total project benefits In the case of any reservoir project authorized for construction by the Corps of Engineers, Bu- reau of Reclamation, or other Federal agency when the Administrator of the Environmental Protection Agency determines pursuant to sec- tion 1252(b) of this title that any storage in such project for regulation of streamflow for water quality is not needed, or is needed in a different amount, such project may be modified accord- ingly by the head of the appropriate agency, and any storage no longer required for water quality may be utilized for other authorized purposes of the project when, in the opinion of the head of such agency, such use is justified. Any such modification of a project where the benefits at- tributable to water quality are 15 per centum or more but not greater than 25 per centum of the total project benefits shall take effect only upon the adoption of resolutions approving such modification by the appropriate committees of the Senate and House of Representatives. The provisions of the section shall not apply to any project where the benefits attributable to water quality exceed 25 per centum of the total project benefits. (Pub. L. 93–251, title I, § 65, Mar. 7, 1974, 88 Stat. 30.) Editorial Notes CODIFICATION Section was not enacted as part of the Federal Water Pollution Control Act which comprises this chapter. § 1253. Interstate cooperation and uniform laws (a) The Administrator shall encourage cooper- ative activities by the States for the prevention, reduction, and elimination of pollution, encour- age the enactment of improved and, so far as practicable, uniform State laws relating to the prevention, reduction, and elimination of pollu- tion; and encourage compacts between States for the prevention and control of pollution. (b) The consent of the Congress is hereby given to two or more States to negotiate and enter into agreements or compacts, not in con- flict with any law or treaty of the United States, for (1) cooperative effort and mutual as- sistance for the prevention and control of pollu- tion and the enforcement of their respective laws relating thereto, and (2) the establishment