33 U.S.C. § 1271 — Sediment survey and monitoring

Page 398 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1271 1 See References in Text note below. ‘‘(2) TECHNICAL ASSISTANCE REIMBURSEMENT.—To carry out the purposes of this subsection, the tech- nical assistance reimbursement from the Agricul- tural Stabilization and Conservation Service author- ized under the Soil Conservation and Domestic Allot- ment Act [16 U.S.C. 590a et seq.], shall be increased from 5 per centum to 10 per centum. ‘‘(3) COMPREHENSIVE AGRICULTURAL MONITORING.— The Secretary, in consultation with the Management Conference and appropriate State and Federal agen- cies, shall develop a comprehensive agricultural mon- itoring and evaluation network for all major drain- ages within the Lake Champlain basin. ‘‘(4) ALLOCATION OF FUNDS.—In allocating funds under this subsection, the Secretary of Agriculture shall consult with the Management Conference estab- lished under section 120 of the Federal Water Pollu- tion Control Act and to the extent allowable by law, allocate funds to those agricultural enterprises lo- cated at sites that the Management Conference deter- mines to be priority sites, on the basis of a concern for ensuring implementation of nonpoint source pol- lution controls throughout the Lake Champlain basin. ‘‘(b) COOPERATION OF THE UNITED STATES GEOLOGICAL SURVEY OF THE DEPARTMENT OF THE INTERIOR.—For the purpose of enhancing and expanding basic data collec- tion and monitoring in operation in the Lake Cham- plain basin, as defined under section 120 of the Federal Water Pollution Control Act [33 U.S.C. 1270], the Sec- retary of the Interior, acting through the heads of water resources divisions of the New York and New England districts of the United States Geological Sur- vey, shall— ‘‘(1) in cooperation with appropriate universities and private research institutions, and the appropriate officials of the appropriate departments and agencies of the States of New York and Vermont, develop an integrated geographic information system of the Lake Champlain basin; ‘‘(2) convert all partial recording sites in the Lake Champlain basin to continuous monitoring stations with full gauging capabilities and status; and ‘‘(3) establish such additional continuous moni- toring station sites in the Lake Champlain basin as are necessary to carry out basic data collection and monitoring, as defined by the Secretary of the Inte- rior, including groundwater mapping, and water qual- ity and sediment data collection. ‘‘(c) COOPERATION OF THE UNITED STATES FISH AND WILDLIFE SERVICE OF THE DEPARTMENT OF THE INTE- RIOR.— ‘‘(1) RESOURCE CONSERVATION PROGRAM.—The Sec- retary of the Interior, acting through the United States Fish and Wildlife Service, in cooperation with the Lake Champlain Fish and Wildlife Management Cooperative and the Management Conference estab- lished pursuant to this subsection shall— ‘‘(A) establish and implement a fisheries re- sources restoration, development and conservation program, including dedicating a level of hatchery production within the Lake Champlain basin at or above the level that existed immediately preceding the date of enactment of this Act [Nov. 16, 1990]; and ‘‘(B) conduct a wildlife species and habitat assess- ment survey in the Lake Champlain basin, includ- ing— ‘‘(i) a survey of Federal threatened and endan- gered species, listed or proposed for listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), New York State and State of Vermont threatened and endangered species and other spe- cies of special concern, migratory nongame spe- cies of management concern, and national re- sources plan species; ‘‘(ii) a survey of wildlife habitats such as is- lands, wetlands, and riparian areas; and ‘‘(iii) a survey of migratory bird populations breeding, migrating and wintering within the Lake Champlain basin. ‘‘(2) To accomplish the purposes of paragraph (1), the Director of the United States Fish and Wildlife Service is authorized to carry out activities related to— ‘‘(A) controlling sea lampreys and other non- indigenous aquatic animal nuisances; ‘‘(B) improving the health of fishery resources; ‘‘(C) conducting investigations about and assess- ing the status of fishery resources, and dissemi- nating that information to all interested parties; and ‘‘(D) conducting and periodically updating a sur- vey of the fishery resources and their habitats and food chains in the Lake Champlain basin. ‘‘(d) AUTHORIZATIONS.—(1) There is authorized to be appropriated to the Department of Agriculture $2,000,000 for each of fiscal years 1991, 1992, 1993, 1994, and 1995 to carry out subsection (a) of this section. ‘‘(2) There is authorized to be appropriated to the De- partment of [the] Interior $1,000,000 for each of fiscal years 1991, 1992, 1993, 1994, and 1995 to carry out sub- sections (b) and (c) of this section.’’ § 1271. Sediment survey and monitoring (a) Survey (1) In general The Administrator, in consultation with the Administrator of the National Oceanic and At- mospheric Administration and the Secretary, shall conduct a comprehensive national survey of data regarding aquatic sediment quality in the United States. The Administrator shall compile all existing information on the quan- tity, chemical and physical composition, and geographic location of pollutants in aquatic sediment, including the probable source of such pollutants and identification of those sediments which are contaminated pursuant to section 501(b)(4).1 (2) Report Not later than 24 months after October 31, 1992, the Administrator shall report to the Congress the findings, conclusions, and rec- ommendations of such survey, including rec- ommendations for actions necessary to pre- vent contamination of aquatic sediments and to control sources of contamination. (b) Monitoring (1) In general The Administrator, in consultation with the Administrator of the National Oceanic and At- mospheric Administration and the Secretary, shall conduct a comprehensive and continuing program to assess aquatic sediment quality. The program conducted pursuant to this sub- section shall, at a minimum— (A) identify the location of pollutants in aquatic sediment; (B) identify the extent of pollutants in sediment and those sediments which are contaminated pursuant to section 501(b)(4); 1 (C) establish methods and protocols for monitoring the physical, chemical, and bio- logical effects of pollutants in aquatic sedi- ment and of contaminated sediment; (D) develop a system for the management, storage, and dissemination of data con- cerning aquatic sediment quality; (E) provide an assessment of aquatic sedi- ment quality trends over time; Page 399 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1271 (F) identify locations where pollutants in sediment may pose a threat to the quality of drinking water supplies, fisheries resources, and marine habitats; and (G) establish a clearing house for informa- tion on technology, methods, and practices available for the remediation, decontamina- tion, and control of sediment contamina- tion. (2) Report The Administrator shall submit to Congress a report on the findings of the monitoring under paragraph (1) on the date that is 2 years after the date specified in subsection (a)(2) and biennially thereafter. (Pub. L. 102–580, title V, § 503, Oct. 31, 1992, 106 Stat. 4865.) Editorial Notes REFERENCES IN TEXT Section 501(b)(4), referred to in subsecs. (a)(1) and (b)(1)(B), means section 501(b)(4) of Pub. L. 102–580, which is set out below. CODIFICATION Section was enacted as part of the Water Resources Development Act of 1992 and also as part of the Na- tional Contaminated Sediment Assessment and Man- agement Act, and not as part of the Federal Water Pol- lution Control Act which comprises this chapter. Statutory Notes and Related Subsidiaries AVAILABILITY OF CONTAMINATED SEDIMENTS INFORMATION Pub. L. 102–580, title III, § 327, Oct. 31, 1992, 106 Stat. 4851, directed Secretary to conduct national study on information that was currently available on contami- nated sediments of surface waters of United States and compile information obtained for the purpose of identi- fying location and nature of contaminated sediments and, not later than 1 year after Oct. 31, 1992, to trans- mit to Congress a report on the results of the study. NATIONAL CONTAMINATED SEDIMENT ASSESSMENT AND MANAGEMENT; SHORT TITLE; DEFINITIONS; TASK FORCE Pub. L. 102–580, title V, §§ 501, 502, Oct. 31, 1992, 106 Stat. 4864, provided that: ‘‘SEC. 501. SHORT TITLE AND DEFINITIONS. ‘‘(a) SHORT TITLE.—This title [enacting this section, amending sections 1412 to 1416, 1420, and 1421 of this title, and enacting provisions set out below] may be cited as the ‘National Contaminated Sediment Assess- ment and Management Act’. ‘‘(b) DEFINITIONS.—For the purposes of sections 502 and 503 of this title [enacting this section and provi- sions set out below]— ‘‘(1) the term ‘aquatic sediment’ means sediment underlying the navigable waters of the United States; ‘‘(2) the term ‘navigable waters’ has the same meaning as in section 502(7) of the Federal Water Pol- lution Control Act (33 U.S.C. 1362(7)); ‘‘(3) the term ‘pollutant’ has the same meaning as in section 502(6) of the Federal Water Pollution Con- trol Act (33 U.S.C. 1362(6)); except that such term does not include dredge spoil, rock, sand, or cellar dirt; ‘‘(4) the term ‘contaminated sediment’ means aquatic sediment which— ‘‘(A) contains chemical substances in excess of ap- propriate geochemical, toxicological or sediment quality criteria or measures; or ‘‘(B) is otherwise considered by the Administrator to pose a threat to human health or the environ- ment; and ‘‘(5) the term ‘Administrator’ means the Adminis- trator of the Environmental Protection Agency. ‘‘SEC. 502. NATIONAL CONTAMINATED SEDIMENT TASK FORCE. ‘‘(a) ESTABLISHMENT.—There is established a National Contaminated Sediment Task Force (hereinafter re- ferred to in this section as the ‘Task Force’). The Task Force shall— ‘‘(1) advise the Administrator and the Secretary in the implementation of this title; ‘‘(2) review and comment on reports concerning aquatic sediment quality and the extent and serious- ness of aquatic sediment contamination throughout the Nation; ‘‘(3) review and comment on programs for the re- search and development of aquatic sediment restora- tion methods, practices, and technologies; ‘‘(4) review and comment on the selection of pollut- ants for development of aquatic sediment criteria and the schedule for the development of such criteria; ‘‘(5) advise appropriate officials in the development of guidelines for restoration of contaminated sedi- ment; ‘‘(6) make recommendations to appropriate officials concerning practices and measures— ‘‘(A) to prevent the contamination of aquatic sediments; and ‘‘(B) to control sources of sediment contamina- tion; and ‘‘(7) review and assess the means and methods for locating and constructing permanent, cost-effective long-term disposal sites for the disposal of dredged material that is not suitable for ocean dumping (as determined under the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.) [also 16 U.S.C. 1431 et seq., 1447 et seq.; 33 U.S.C. 2801 et seq.]). ‘‘(b) MEMBERSHIP.— ‘‘(1) IN GENERAL.—The membership of the Task Force shall include 1 representative of each of the fol- lowing: ‘‘(A) The Administrator. ‘‘(B) The Secretary. ‘‘(C) The National Oceanic and Atmospheric Ad- ministration. ‘‘(D) The United States Fish and Wildlife Service. ‘‘(E) The Geological Survey [now United States Geological Survey]. ‘‘(F) The Department of Agriculture. ‘‘(2) ADDITIONAL MEMBERS.—Additional members of the Task Force shall be jointly selected by the Ad- ministrator and the Secretary, and shall include— ‘‘(A) not more than 3 representatives of States; ‘‘(B) not more than 3 representatives of ports, ag- riculture, and manufacturing; and ‘‘(C) not more than 3 representatives of public in- terest organizations with a demonstrated interest in aquatic sediment contamination. ‘‘(3) COCHAIRMEN.—The Administrator and the Sec- retary shall serve as cochairmen of the Task Force. ‘‘(4) CLERICAL AND TECHNICAL ASSISTANCE.—Such clerical and technical assistance as may be necessary to discharge the duties of the Task Force shall be provided by the personnel of the Environmental Pro- tection Agency and the Army Corps of Engineers. ‘‘(5) COMPENSATION FOR ADDITIONAL MEMBERS.—The additional members of the Task Force selected under paragraph (2) shall, while attending meetings or con- ferences of the Task Force, be compensated at a rate to be fixed by the cochairmen, but not to exceed the daily equivalent of the base rate of pay in effect for grade GS–15 of the General Schedule under section 5332 of title 5, United States Code, for each day (in- cluding travel time) during which they are engaged in the actual performance of duties vested in the Task Force. While away from their homes or regular places of business in the performance of services for the Task Force, such members shall be allowed travel ex- penses, including per diem in lieu of subsistence, in Page 400 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1271a 1 So in original. The word ‘‘a’’ probably should not appear. the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. ‘‘(c) REPORT.—Within 2 years after the date of the en- actment of this Act [Oct. 31, 1992], the Task Force shall submit to Congress a report stating the findings and recommendations of the Task Force.’’ AUTHORIZATION OF APPROPRIATIONS Pub. L. 102–580, title V, § 509(b), Oct. 31, 1992, 106 Stat. 4870, provided that: ‘‘There is authorized to be appro- priated to the Administrator to carry out sections 502 and 503 [enacting this section and provisions set out above] such sums as may be necessary.’’ ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 3 of Pub. L. 102–580, set out as a note under section 2201 of this title. § 1271a. Research and development program (a) In general In coordination with other Federal, State, and local officials, the Administrator of the Envi- ronmental Protection Agency may conduct re- search on the development and use of innovative approaches, technologies, and techniques for the remediation of sediment contamination in areas of concern that are located wholly or partially in the United States. (b) Authorization of appropriations (1) In general In addition to any amounts authorized under other provisions of law, there is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2004 through 2010. (2) Availability Funds appropriated under paragraph (1) shall remain available until expended. (Pub. L. 107–303, title I, § 106, Nov. 27, 2002, 116 Stat. 2358; Pub. L. 110–365, § 4, Oct. 8, 2008, 122 Stat. 4023.) Editorial Notes CODIFICATION Section was enacted as part of the Great Lakes Leg- acy Act of 2002, and also as part of the Great Lakes and Lake Champlain Act of 2002, and not as part of the Fed- eral Water Pollution Control Act which comprises this chapter. AMENDMENTS 2008—Subsec. (b)(1). Pub. L. 110–365 added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: ‘‘In addition to amounts authorized under other laws, there is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2004 through 2008.’’ § 1272. Environmental dredging (a) Operation and maintenance of navigation projects Whenever necessary to meet the requirements of the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.], the Secretary, in consulta- tion with the Administrator of the Environ- mental Protection Agency, may remove and re- mediate, as part of operation and maintenance of a navigation project, contaminated sediments outside the boundaries of and adjacent to the navigation channel. (b) Nonproject specific (1) In general The Secretary may remove and remediate contaminated sediments from the navigable waters of the United States for the purpose of environmental enhancement and water qual- ity improvement if such removal and remedi- ation is requested by a non-Federal sponsor and the sponsor agrees to pay 35 percent of the cost of such removal and remediation. (2) Maximum amount The Secretary may not expend more than $50,000,000 in a fiscal year to carry out this subsection. (c) Joint plan requirement The Secretary may only remove and reme- diate contaminated sediments under subsection (b) in accordance with a joint plan developed by the Secretary and interested Federal, State, and local government officials. Such plan must in- clude an opportunity for public comment, a de- scription of the work to be undertaken, the method to be used for dredged material disposal, the roles and responsibilities of the Secretary and non-Federal sponsors, and identification of sources of funding. (d) Disposal costs Costs of disposal of contaminated sediments removed under this section shall be a 1 shared as a cost of construction. (e) Limitation on statutory construction Nothing in this section shall be construed to affect the rights and responsibilities of any per- son under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 U.S.C. 9601 et seq.]. (f) Priority work In carrying out this section, the Secretary shall give priority to work in the following areas: (1) Brooklyn Waterfront, New York. (2) Buffalo Harbor and River, New York. (3) Ashtabula River, Ohio. (4) Mahoning River, Ohio. (5) Lower Fox River, Wisconsin. (6) Passaic River and Newark Bay, New Jer- sey. (7) Snake Creek, Bixby, Oklahoma. (8) Willamette River, Oregon. (g) Nonprofit entities Notwithstanding section 1962d–5b of title 42, for any project carried out under this section, a non-Federal sponsor may include a nonprofit en- tity, with the consent of the affected local gov- ernment. (Pub. L. 101–640, title III, § 312, Nov. 28, 1990, 104 Stat. 4639; Pub. L. 104–303, title II, § 205, Oct. 12, 1996, 110 Stat. 3679; Pub. L. 106–53, title II, § 224, Aug. 17, 1999, 113 Stat. 297; Pub. L. 106–541, title II, § 210(a), Dec. 11, 2000, 114 Stat. 2592.)