33 U.S.C. § 1344 — Permits for dredged or fill material

Page 571 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1344 the waters of the territorial seas, the contiguous zone, and the oceans, which shall include: (A) the effect of disposal of pollutants on human health or welfare, including but not limited to plankton, fish, shellfish, wildlife, shorelines, and beaches; (B) the effect of disposal of pollutants on marine life including the transfer, concentra- tion, and dispersal of pollutants or their by- products through biological, physical, and chemical processes; changes in marine eco- system diversity, productivity, and stability; and species and community population changes; (C) the effect of disposal, of pollutants on es- thetic, recreation, and economic values; (D) the persistence and permanence of the effects of disposal of pollutants; (E) the effect of the disposal of varying rates, of particular volumes and concentra- tions of pollutants; (F) other possible locations and methods of disposal or recycling of pollutants including land-based alternatives; and (G) the effect on alternate uses of the oceans, such as mineral exploitation and sci- entific study. (2) In any event where insufficient information exists on any proposed discharge to make a rea- sonable judgment on any of the guidelines estab- lished pursuant to this subsection no permit shall be issued under section 1342 of this title. (June 30, 1948, ch. 758, title IV, § 403, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 883.) Statutory Notes and Related Subsidiaries DISCHARGES FROM POINT SOURCES IN UNITED STATES VIRGIN ISLANDS ATTRIBUTABLE TO MANUFACTURE OF RUM; EXEMPTION; CONDITIONS Discharges from point sources in the United States Virgin Islands in existence on Aug. 5, 1983, attributable to the manufacture of rum not to be subject to the re- quirements of this section under certain conditions, see section 214(g) of Pub. L. 98–67, set out as a note under section 1311 of this title. Executive Documents TERRITORIAL SEA AND CONTIGUOUS ZONE OF UNITED STATES For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands. § 1344. Permits for dredged or fill material (a) Discharge into navigable waters at specified disposal sites The Secretary may issue permits, after notice and opportunity for public hearings for the dis- charge of dredged or fill material into the navi- gable waters at specified disposal sites. Not later than the fifteenth day after the date an ap- plicant submits all the information required to complete an application for a permit under this subsection, the Secretary shall publish the no- tice required by this subsection. (b) Specification for disposal sites Subject to subsection (c) of this section, each such disposal site shall be specified for each such permit by the Secretary (1) through the ap- plication of guidelines developed by the Admin- istrator, in conjunction with the Secretary, which guidelines shall be based upon criteria comparable to the criteria applicable to the ter- ritorial seas, the contiguous zone, and the ocean under section 1343(c) of this title, and (2) in any case where such guidelines under clause (1) alone would prohibit the specification of a site, through the application additionally of the eco- nomic impact of the site on navigation and an- chorage. (c) Denial or restriction of use of defined areas as disposal sites The Administrator is authorized to prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site, and he is authorized to deny or restrict the use of any defined area for specification (includ- ing the withdrawal of specification) as a disposal site, whenever he determines, after notice and opportunity for public hearings, that the dis- charge of such materials into such area will have an unacceptable adverse effect on munic- ipal water supplies, shellfish beds and fishery areas (including spawning and breeding areas), wildlife, or recreational areas. Before making such determination, the Administrator shall consult with the Secretary. The Administrator shall set forth in writing and make public his findings and his reasons for making any deter- mination under this subsection. (d) ‘‘Secretary’’ defined The term ‘‘Secretary’’ as used in this section means the Secretary of the Army, acting through the Chief of Engineers. (e) General permits on State, regional, or nation- wide basis (1) In carrying out his functions relating to the discharge of dredged or fill material under this section, the Secretary may, after notice and opportunity for public hearing, issue general permits on a State, regional, or nationwide basis for any category of activities involving dis- charges of dredged or fill material if the Sec- retary determines that the activities in such category are similar in nature, will cause only minimal adverse environmental effects when performed separately, and will have only mini- mal cumulative adverse effect on the environ- ment. Any general permit issued under this sub- section shall (A) be based on the guidelines de- scribed in subsection (b)(1) of this section, and (B) set forth the requirements and standards which shall apply to any activity authorized by such general permit. (2) No general permit issued under this sub- section shall be for a period of more than five years after the date of its issuance and such gen- eral permit may be revoked or modified by the Secretary if, after opportunity for public hear- ing, the Secretary determines that the activities authorized by such general permit have an ad- verse impact on the environment or such activi- ties are more appropriately authorized by indi- vidual permits. Page 572 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1344 (f) Non-prohibited discharge of dredged or fill material (1) Except as provided in paragraph (2) of this subsection, the discharge of dredged or fill mate- rial— (A) from normal farming, silviculture, and ranching activities such as plowing, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest prod- ucts, or upland soil and water conservation practices; (B) for the purpose of maintenance, includ- ing emergency reconstruction of recently damaged parts, of currently serviceable struc- tures such as dikes, dams, levees, groins, riprap, breakwaters, causeways, and bridge abutments or approaches, and transportation structures; (C) for the purpose of construction or main- tenance of farm or stock ponds or irrigation ditches, or the maintenance of drainage ditches; (D) for the purpose of construction of tem- porary sedimentation basins on a construction site which does not include placement of fill material into the navigable waters; (E) for the purpose of construction or main- tenance of farm roads or forest roads, or tem- porary roads for moving mining equipment, where such roads are constructed and main- tained, in accordance with best management practices, to assure that flow and circulation patterns and chemical and biological charac- teristics of the navigable waters are not im- paired, that the reach of the navigable waters is not reduced, and that any adverse effect on the aquatic environment will be otherwise minimized; (F) resulting from any activity with respect to which a State has an approved program under section 1288(b)(4) of this title which meets the requirements of subparagraphs (B) and (C) of such section, is not prohibited by or otherwise subject to reg- ulation under this section or section 1311(a) or 1342 of this title (except for effluent standards or prohibitions under section 1317 of this title). (2) Any discharge of dredged or fill material into the navigable waters incidental to any ac- tivity having as its purpose bringing an area of the navigable waters into a use to which it was not previously subject, where the flow or cir- culation of navigable waters may be impaired or the reach of such waters be reduced, shall be re- quired to have a permit under this section. (g) State administration (1) The Governor of any State desiring to ad- minister its own individual and general permit program for the discharge of dredged or fill ma- terial into the navigable waters (other than those waters which are presently used, or are susceptible to use in their natural condition or by reasonable improvement as a means to trans- port interstate or foreign commerce shoreward to their ordinary high water mark, including all waters which are subject to the ebb and flow of the tide shoreward to their mean high water mark, or mean higher high water mark on the west coast, including wetlands adjacent thereto) within its jurisdiction may submit to the Ad- ministrator a full and complete description of the program it proposes to establish and admin- ister under State law or under an interstate compact. In addition, such State shall submit a statement from the attorney general (or the at- torney for those State agencies which have inde- pendent legal counsel), or from the chief legal officer in the case of an interstate agency, that the laws of such State, or the interstate com- pact, as the case may be, provide adequate au- thority to carry out the described program. (2) Not later than the tenth day after the date of the receipt of the program and statement sub- mitted by any State under paragraph (1) of this subsection, the Administrator shall provide cop- ies of such program and statement to the Sec- retary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. (3) Not later than the ninetieth day after the date of the receipt by the Administrator of the program and statement submitted by any State, under paragraph (1) of this subsection, the Sec- retary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall submit any com- ments with respect to such program and state- ment to the Administrator in writing. (h) Determination of State’s authority to issue permits under State program; approval; noti- fication; transfers to State program (1) Not later than the one-hundred-twentieth day after the date of the receipt by the Adminis- trator of a program and statement submitted by any State under paragraph (1) of this subsection, the Administrator shall determine, taking into account any comments submitted by the Sec- retary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, pursuant to subsection (g) of this section, whether such State has the fol- lowing authority with respect to the issuance of permits pursuant to such program: (A) To issue permits which— (i) apply, and assure compliance with, any applicable requirements of this section, in- cluding, but not limited to, the guidelines established under subsection (b)(1) of this section, and sections 1317 and 1343 of this title; (ii) are for fixed terms not exceeding five years; and (iii) can be terminated or modified for cause including, but not limited to, the fol- lowing: (I) violation of any condition of the per- mit; (II) obtaining a permit by misrepresenta- tion, or failure to disclose fully all rel- evant facts; (III) change in any condition that re- quires either a temporary or permanent reduction or elimination of the permitted discharge. (B) To issue permits which apply, and assure compliance with, all applicable requirements of section 1318 of this title, or to inspect, mon- itor, enter, and require reports to at least the same extent as required in section 1318 of this title. Page 573 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1344 (C) To assure that the public, and any other State the waters of which may be affected, re- ceive notice of each application for a permit and to provide an opportunity for public hear- ing before a ruling on each such application. (D) To assure that the Administrator re- ceives notice of each application (including a copy thereof) for a permit. (E) To assure that any State (other than the permitting State), whose waters may be af- fected by the issuance of a permit may submit written recommendations to the permitting State (and the Administrator) with respect to any permit application and, if any part of such written recommendations are not accepted by the permitting State, that the permitting State will notify such affected State (and the Administrator) in writing of its failure to so accept such recommendations together with its reasons for so doing. (F) To assure that no permit will be issued if, in the judgment of the Secretary, after con- sultation with the Secretary of the depart- ment in which the Coast Guard is operating, anchorage and navigation of any of the navi- gable waters would be substantially impaired thereby. (G) To abate violations of the permit or the permit program, including civil and criminal penalties and other ways and means of en- forcement. (H) To assure continued coordination with Federal and Federal-State water-related plan- ning and review processes. (2) If, with respect to a State program sub- mitted under subsection (g)(1) of this section, the Administrator determines that such State— (A) has the authority set forth in paragraph (1) of this subsection, the Administrator shall approve the program and so notify (i) such State and (ii) the Secretary, who upon subse- quent notification from such State that it is administering such program, shall suspend the issuance of permits under subsections (a) and (e) of this section for activities with respect to which a permit may be issued pursuant to such State program; or (B) does not have the authority set forth in paragraph (1) of this subsection, the Adminis- trator shall so notify such State, which notifi- cation shall also describe the revisions or modifications necessary so that such State may resubmit such program for a determina- tion by the Administrator under this sub- section. (3) If the Administrator fails to make a deter- mination with respect to any program sub- mitted by a State under subsection (g)(1) of this section within one-hundred-twenty days after the date of the receipt of such program, such program shall be deemed approved pursuant to paragraph (2)(A) of this subsection and the Ad- ministrator shall so notify such State and the Secretary who, upon subsequent notification from such State that it is administering such program, shall suspend the issuance of permits under subsection (a) and (e) of this section for activities with respect to which a permit may be issued by such State. (4) After the Secretary receives notification from the Administrator under paragraph (2) or (3) of this subsection that a State permit pro- gram has been approved, the Secretary shall transfer any applications for permits pending before the Secretary for activities with respect to which a permit may be issued pursuant to such State program to such State for appro- priate action. (5) Upon notification from a State with a per- mit program approved under this subsection that such State intends to administer and en- force the terms and conditions of a general per- mit issued by the Secretary under subsection (e) of this section with respect to activities in such State to which such general permit applies, the Secretary shall suspend the administration and enforcement of such general permit with respect to such activities. (i) Withdrawal of approval Whenever the Administrator determines after public hearing that a State is not administering a program approved under subsection (h)(2)(A) of this section, in accordance with this section, in- cluding, but not limited to, the guidelines estab- lished under subsection (b)(1) of this section, the Administrator shall so notify the State, and, if appropriate corrective action is not taken with- in a reasonable time, not to exceed ninety days after the date of the receipt of such notification, the Administrator shall (1) withdraw approval of such program until the Administrator deter- mines such corrective action has been taken, and (2) notify the Secretary that the Secretary shall resume the program for the issuance of permits under subsections (a) and (e) of this sec- tion for activities with respect to which the State was issuing permits and that such author- ity of the Secretary shall continue in effect until such time as the Administrator makes the determination described in clause (1) of this sub- section and such State again has an approved program. (j) Copies of applications for State permits and proposed general permits to be transmitted to Administrator Each State which is administering a permit program pursuant to this section shall transmit to the Administrator (1) a copy of each permit application received by such State and provide notice to the Administrator of every action re- lated to the consideration of such permit appli- cation, including each permit proposed to be issued by such State, and (2) a copy of each pro- posed general permit which such State intends to issue. Not later than the tenth day after the date of the receipt of such permit application or such proposed general permit, the Adminis- trator shall provide copies of such permit appli- cation or such proposed general permit to the Secretary and the Secretary of the Interior, act- ing through the Director of the United States Fish and Wildlife Service. If the Administrator intends to provide written comments to such State with respect to such permit application or such proposed general permit, he shall so notify such State not later than the thirtieth day after the date of the receipt of such application or such proposed general permit and provide such written comments to such State, after consider- ation of any comments made in writing with re- spect to such application or such proposed gen- Page 574 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1344 eral permit by the Secretary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, not later than the ninetieth day after the date of such receipt. If such State is so notified by the Administrator, it shall not issue the proposed permit until after the receipt of such comments from the Administrator, or after such ninetieth day, whichever first occurs. Such State shall not issue such proposed permit after such ninetieth day if it has received such written comments in which the Administrator objects (A) to the issuance of such proposed permit and such pro- posed permit is one that has been submitted to the Administrator pursuant to subsection (h)(1)(E), or (B) to the issuance of such proposed permit as being outside the requirements of this section, including, but not limited to, the guide- lines developed under subsection (b)(1) of this section unless it modifies such proposed permit in accordance with such comments. Whenever the Administrator objects to the issuance of a permit under the preceding sentence such writ- ten objection shall contain a statement of the reasons for such objection and the conditions which such permit would include if it were issued by the Administrator. In any case where the Administrator objects to the issuance of a permit, on request of the State, a public hearing shall be held by the Administrator on such ob- jection. If the State does not resubmit such per- mit revised to meet such objection within 30 days after completion of the hearing or, if no hearing is requested within 90 days after the date of such objection, the Secretary may issue the permit pursuant to subsection (a) or (e) of this section, as the case may be, for such source in accordance with the guidelines and require- ments of this chapter. (k) Waiver In accordance with guidelines promulgated pursuant to subsection (i)(2) of section 1314 of this title, the Administrator is authorized to waive the requirements of subsection (j) of this section at the time of the approval of a program pursuant to subsection (h)(2)(A) of this section for any category (including any class, type, or size within such category) of discharge within the State submitting such program. (l) Categories of discharges not subject to re- quirements The Administrator shall promulgate regula- tions establishing categories of discharges which he determines shall not be subject to the re- quirements of subsection (j) of this section in any State with a program approved pursuant to subsection (h)(2)(A) of this section. The Admin- istrator may distinguish among classes, types, and sizes within any category of discharges. (m) Comments on permit applications or pro- posed general permits by Secretary of the In- terior acting through Director of United States Fish and Wildlife Service Not later than the ninetieth day after the date on which the Secretary notifies the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service that (1) an application for a permit under subsection (a) of this section has been received by the Sec- retary, or (2) the Secretary proposes to issue a general permit under subsection (e) of this sec- tion, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall submit any com- ments with respect to such application or such proposed general permit in writing to the Sec- retary. (n) Enforcement authority not limited Nothing in this section shall be construed to limit the authority of the Administrator to take action pursuant to section 1319 of this title. (o) Public availability of permits and permit ap- plications A copy of each permit application and each permit issued under this section shall be avail- able to the public. Such permit application or portion thereof, shall further be available on re- quest for the purpose of reproduction. (p) Compliance Compliance with a permit issued pursuant to this section, including any activity carried out pursuant to a general permit issued under this section, shall be deemed compliance, for pur- poses of sections 1319 and 1365 of this title, with sections 1311, 1317, and 1343 of this title. (q) Minimization of duplication, needless paper- work, and delays in issuance; agreements Not later than the one-hundred-eightieth day after December 27, 1977, the Secretary shall enter into agreements with the Administrator, the Secretaries of the Departments of Agri- culture, Commerce, Interior, and Transpor- tation, and the heads of other appropriate Fed- eral agencies to minimize, to the maximum ex- tent practicable, duplication, needless paper- work, and delays in the issuance of permits under this section. Such agreements shall be de- veloped to assure that, to the maximum extent practicable, a decision with respect to an appli- cation for a permit under subsection (a) of this section will be made not later than the nine- tieth day after the date the notice for such ap- plication is published under subsection (a) of this section. (r) Federal projects specifically authorized by Congress The discharge of dredged or fill material as part of the construction of a Federal project spe- cifically authorized by Congress, whether prior to or on or after December 27, 1977, is not prohib- ited by or otherwise subject to regulation under this section, or a State program approved under this section, or section 1311(a) or 1342 of this title (except for effluent standards or prohibi- tions under section 1317 of this title), if informa- tion on the effects of such discharge, including consideration of the guidelines developed under subsection (b)(1) of this section, is included in an environmental impact statement for such project pursuant to the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and such environmental impact statement has been submitted to Congress before the actual dis- charge of dredged or fill material in connection with the construction of such project and prior to either authorization of such project or an ap- propriation of funds for such construction. Page 575 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1344 1 So in original. Probably should be ‘‘action’’. (s) Violation of permits (1) Whenever on the basis of any information available to him the Secretary finds that any person is in violation of any condition or limita- tion set forth in a permit issued by the Sec- retary under this section, the Secretary shall issue an order requiring such person to comply with such condition or limitation, or the Sec- retary shall bring a civil action in accordance with paragraph (3) of this subsection. (2) A copy of any order issued under this sub- section shall be sent immediately by the Sec- retary to the State in which the violation occurs and other affected States. Any order issued under this subsection shall be by personal serv- ice and shall state with reasonable specificity the nature of the violation, specify a time for compliance, not to exceed thirty days, which the Secretary determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable re- quirements. In any case in which an order under this subsection is issued to a corporation, a copy of such order shall be served on any appropriate corporate officers. (3) The Secretary is authorized to commence a civil action for appropriate relief, including a permanent or temporary injunction for any vio- lation for which he is authorized to issue a com- pliance order under paragraph (1) of this sub- section. Any action under this paragraph may be brought in the district court of the United States for the district in which the defendant is located or resides or is doing business, and such court shall have jurisdiction to restrain such violation and to require compliance. Notice of the commencement of such acton 1 shall be given immediately to the appropriate State. (4) Any person who violates any condition or limitation in a permit issued by the Secretary under this section, and any person who violates any order issued by the Secretary under para- graph (1) of this subsection, shall be subject to a civil penalty not to exceed $25,000 per day for each violation. In determining the amount of a civil penalty the court shall consider the seri- ousness of the violation or violations, the eco- nomic benefit (if any) resulting from the viola- tion, any history of such violations, any good- faith efforts to comply with the applicable re- quirements, the economic impact of the penalty on the violator, and such other matters as jus- tice may require. (t) Navigable waters within State jurisdiction Nothing in this section shall preclude or deny the right of any State or interstate agency to control the discharge of dredged or fill material in any portion of the navigable waters within the jurisdiction of such State, including any ac- tivity of any Federal agency, and each such agency shall comply with such State or inter- state requirements both substantive and proce- dural to control the discharge of dredged or fill material to the same extent that any person is subject to such requirements. This section shall not be construed as affecting or impairing the authority of the Secretary to maintain naviga- tion. (June 30, 1948, ch. 758, title IV, § 404, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 884; amended Pub. L. 95–217, § 67(a), (b), Dec. 27, 1977, 91 Stat. 1600; Pub. L. 100–4, title III, § 313(d), Feb. 4, 1987, 101 Stat. 45.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (r), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 1987—Subsec. (s). Pub. L. 100–4 redesignated par. (5) as (4), substituted ‘‘$25,000 per day for each violation’’ for ‘‘$10,000 per day of such violation’’, inserted provision specifying factors to consider in determining the pen- alty amount, and struck out former par. (4) which read as follows: ‘‘(A) Any person who willfully or negligently violates any condition or limitation in a permit issued by the Secretary under this section shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. If the conviction is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprison- ment for not more than two years, or by both. ‘‘(B) For the purposes of this paragraph, the term ‘person’ shall mean, in addition to the definition con- tained in section 1362(5) of this title, any responsible corporate officer.’’ 1977—Subsec. (a). Pub. L. 95–217, § 67(a)(1), substituted ‘‘The Secretary’’ for ‘‘The Secretary of the Army, act- ing through the Chief of Engineers,’’ and inserted pro- vision that, not later than the fifteenth day after the date an applicant submits all the information required to complete an application for a permit under this sub- section, the Secretary publish the notice required by this subsection. Subsecs. (b), (c). Pub. L. 95–217, § 67(a)(2), substituted ‘‘the Secretary’’ for ‘‘the Secretary of the Army’’. Subsecs. (d) to (t). Pub. L. 95–217, § 67(b), added sub- secs. (d) to (t). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. MAINTENANCE DREDGING PERMITS Pub. L. 117–263, div. H, title LXXXI, § 8126, Dec. 23, 2022, 136 Stat. 3715, provided that: ‘‘(a) IN GENERAL.—The Secretary [of the Army] shall, to the maximum extent practicable, prioritize the reissuance of any regional general permit for mainte- nance dredging under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) that expired prior to May 1, 2021. ‘‘(b) SAVINGS PROVISION.—Nothing in this section af- fects any obligation to comply with the provisions of any Federal or State environmental law, including— ‘‘(1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); Page 576 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1344 ‘‘(2) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and ‘‘(3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).’’ MITIGATION AND MITIGATION BANKING REGULATIONS Pub. L. 108–136, div. A, title III, § 314(b), Nov. 24, 2003, 117 Stat. 1431, provided that: ‘‘(1) To ensure opportunities for Federal agency par- ticipation in mitigation banking, the Secretary of the Army, acting through the Chief of Engineers, shall issue regulations establishing performance standards and criteria for the use, consistent with section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344), of on-site, off-site, and in-lieu fee mitigation and mitigation banking as compensation for lost wetlands functions in permits issued by the Secretary of the Army under such section. To the maximum extent practicable, the regulatory standards and criteria shall maximize available credits and opportunities for miti- gation, provide flexibility for regional variations in wetland conditions, functions and values, and apply equivalent standards and criteria to each type of com- pensatory mitigation. ‘‘(2) Final regulations shall be issued not later than two years after the date of the enactment of this Act [Nov. 24, 2003].’’ REGULATORY PROGRAM Pub. L. 106–377, § 1(a)(2) [title I], Oct. 27, 2000, 114 Stat. 1441, 1441A–63, provided in part that: ‘‘For expenses nec- essary for administration of laws pertaining to regula- tion of navigable waters and wetlands, $125,000,000, to remain available until expended: Provided, That the Secretary of the Army, acting through the Chief of En- gineers, is directed to use funds appropriated herein to: (1) by March 1, 2001, supplement the report, Cost Anal- ysis For the 1999 Proposal to Issue and Modify Nation- wide Permits, to reflect the Nationwide Permits actu- ally issued on March 9, 2000, including changes in the acreage limits, preconstruction notification require- ments and general conditions between the rule pro- posed on July 21, 1999, and the rule promulgated and published in the Federal Register; (2) after consider- ation of the cost analysis for the 1999 proposal to issue and modify nationwide permits and the supplement prepared pursuant to this Act [H.R. 5483, as enacted by section 1(a)(2) of Pub. L. 106–377, see Tables for classi- fication] and by September 30, 2001, prepare, submit to Congress and publish in the Federal Register a Permit Processing Management Plan by which the Corps of En- gineers will handle the additional work associated with all projected increases in the number of individual per- mit applications and preconstruction notifications re- lated to the new and replacement permits and general conditions. The Permit Processing Management Plan shall include specific objective goals and criteria by which the Corps of Engineers’ progress towards reduc- ing any permit backlog can be measured; (3) beginning on December 31, 2001, and on a biannual basis there- after, report to Congress and publish in the Federal Register, an analysis of the performance of its program as measured against the criteria set out in the Permit Processing Management Plan; (4) implement a 1-year pilot program to publish quarterly on the U.S. Army Corps of Engineer’s Regulatory Program website all Regulatory Analysis and Management Systems (RAMS) data for the South Pacific Division and North Atlantic Division beginning within 30 days of the enactment of this Act [Oct. 27, 2000]; and (5) publish in Division Office websites all findings, rulings, and decisions rendered under the administrative appeals process for the Corps of Engineers Regulatory Program as established in Public Law 106–60 [113 Stat. 486]: Provided further, That, through the period ending on September 30, 2003, the Corps of Engineers shall allow any appellant to keep a verbatim record of the proceedings of the appeals con- ference under the aforementioned administrative ap- peals process: Provided further, That within 30 days of the enactment of this Act, the Secretary of the Army, acting through the Chief of Engineers, shall require all U.S. Army Corps of Engineers Divisions and Districts to record the date on which a section 404 individual per- mit application or nationwide permit notification is filed with the Corps of Engineers: Provided further, That the Corps of Engineers, when reporting permit proc- essing times, shall track both the date a permit appli- cation is first received and the date the application is considered complete, as well as the reason that the ap- plication is not considered complete upon first submis- sion.’’ AUTHORITY TO DELEGATE TO STATE OF WASHINGTON FUNCTIONS OF THE SECRETARY RELATING TO LAKE CHELAN, WASHINGTON Pub. L. 95–217, § 76, Dec. 27, 1977, 91 Stat. 1610, provided that: ‘‘The Secretary of the Army, acting through the Chief of Engineers, is authorized to delegate to the State of Washington upon its request all or any part of those functions vested in such Secretary by section 404 of the Federal Water Pollution Control Act [this sec- tion] and by sections 9, 10, and 13 of the Act of March 3, 1899 [sections 401, 403, and 407 of this title], relating to Lake Chelan, Washington, if the Secretary deter- mines (1) that such State has the authority, responsi- bility, and capability to carry out such functions, and (2) that such delegation is in the public interest. Such delegation shall be subject to such terms and condi- tions as the Secretary deems necessary, including, but not limited to, suspension and revocation for cause of such delegation.’’ DREDGED MATERIAL DISPOSAL Pub. L. 114–322, title I, § 1189, Dec. 16, 2016, 130 Stat. 1681, provided that: ‘‘Disposal of dredged material shall not be considered environmentally acceptable for the purposes of identifying the Federal standard (as defined in section 335.7 of title 33, Code of Federal Regulations (or successor regulations)) if the disposal violates ap- plicable State water quality standards approved by the Administrator of the Environmental Protection Agen- cy under section 303 of the Federal Water Pollution Control Act (33 U.S.C. 1313).’’ Executive Documents TRANSFER OF FUNCTIONS Enforcement functions of Administrator or other offi- cial of the Environmental Protection Agency and of Secretary or other official in Department of the Inte- rior relating to review of the Corps of Engineers’ dredged and fill material permits and such functions of Secretary of the Army, Chief of Engineers, or other of- ficial in Corps of Engineers of the United States Army relating to compliance with dredged and fill material permits issued under this section with respect to pre- construction, construction, and initial operation of transportation system for Canadian and Alaskan nat- ural gas were transferred to the Federal Inspector, Of- fice of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of the date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(a), (b), (e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Of- fice of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au- thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Func- tions and authority vested in Secretary of Energy sub- sequently transferred to Federal Coordinator for Alas- ka Natural Gas Transportation Projects by section 720d(f) of Title 15. Page 577 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1345 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. § 1345. Disposal or use of sewage sludge (a) Permit Notwithstanding any other provision of this chapter or of any other law, in any case where the disposal of sewage sludge resulting from the operation of a treatment works as defined in section 1292 of this title (including the removal of in-place sewage sludge from one location and its deposit at another location) would result in any pollutant from such sewage sludge entering the navigable waters, such disposal is prohibited except in accordance with a permit issued by the Administrator under section 1342 of this title. (b) Issuance of permit; regulations The Administrator shall issue regulations gov- erning the issuance of permits for the disposal of sewage sludge subject to subsection (a) of this section and section 1342 of this title. Such regu- lations shall require the application to such dis- posal of each criterion, factor, procedure, and requirement applicable to a permit issued under section 1342 of this title. (c) State permit program Each State desiring to administer its own per- mit program for disposal of sewage sludge sub- ject to subsection (a) of this section within its jurisdiction may do so in accordance with sec- tion 1342 of this title. (d) Regulations (1) Regulations The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall develop and publish, within one year after December 27, 1977, and from time to time thereafter, regula- tions providing guidelines for the disposal of sludge and the utilization of sludge for various purposes. Such regulations shall— (A) identify uses for sludge, including dis- posal; (B) specify factors to be taken into ac- count in determining the measures and prac- tices applicable to each such use or disposal (including publication of information on costs); (C) identify concentrations of pollutants which interfere with each such use or dis- posal. The Administrator is authorized to revise any regulation issued under this subsection. (2) Identification and regulation of toxic pol- lutants (A) On basis of available information (i) Proposed regulations Not later than November 30, 1986, the Ad- ministrator shall identify those toxic pol- lutants which, on the basis of available in- formation on their toxicity, persistence, concentration, mobility, or potential for exposure, may be present in sewage sludge in concentrations which may adversely af- fect public health or the environment, and propose regulations specifying acceptable management practices for sewage sludge containing each such toxic pollutant and establishing numerical limitations for each such pollutant for each use identified under paragraph (1)(A). (ii) Final regulations Not later than August 31, 1987, and after opportunity for public hearing, the Admin- istrator shall promulgate the regulations required by subparagraph (A)(i). (B) Others (i) Proposed regulations Not later than July 31, 1987, the Admin- istrator shall identify those toxic pollut- ants not identified under subparagraph (A)(i) which may be present in sewage sludge in concentrations which may ad- versely affect public health or the environ- ment, and propose regulations specifying acceptable management practices for sew- age sludge containing each such toxic pol- lutant and establishing numerical limita- tions for each pollutant for each such use identified under paragraph (1)(A). (ii) Final regulations Not later than June 15, 1988, the Admin- istrator shall promulgate the regulations required by subparagraph (B)(i). (C) Review From time to time, but not less often than every 2 years, the Administrator shall re- view the regulations promulgated under this paragraph for the purpose of identifying ad- ditional toxic pollutants and promulgating regulations for such pollutants consistent with the requirements of this paragraph. (D) Minimum standards; compliance date The management practices and numerical criteria established under subparagraphs (A), (B), and (C) shall be adequate to protect public health and the environment from any reasonably anticipated adverse effects of each pollutant. Such regulations shall re- quire compliance as expeditiously as prac- ticable but in no case later than 12 months after their publication, unless such regula- tions require the construction of new pollu- tion control facilities, in which case the reg- ulations shall require compliance as expedi- tiously as practicable but in no case later than two years from the date of their publi- cation. (3) Alternative standards For purposes of this subsection, if, in the judgment of the Administrator, it is not fea- sible to prescribe or enforce a numerical limi- tation for a pollutant identified under para- graph (2), the Administrator may instead pro- mulgate a design, equipment, management practice, or operational standard, or combina- tion thereof, which in the Administrator’s judgment is adequate to protect public health and the environment from any reasonably an- ticipated adverse effects of such pollutant. In the event the Administrator promulgates a de-