42 U.S.C. § 4370c — Environmental Protection Agency fees

Page 6158 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4370a 1 So in original. Probably should be ‘‘to’’. 2 See References in Text note below. tion Agency research and test facilities by out- side groups or individuals and to receive reim- bursement or fees for costs incurred thereby when he finds this to be in the public interest. Such reimbursement or fees are to be used by the Agency to defray the costs of use by outside groups or individuals. (b) Rules and regulations The Administrator may promulgate regula- tions to cover such use of Agency facilities in accordance with generally accepted accounting, safety, and laboratory practices. (c) Waiver of reimbursement by Administrator When he finds it is in the public interest the Administrator may waive reimbursement or fees for outside use of Agency facilities by nonprofit private or public entities. (Pub. L. 96–229, § 5, Apr. 7, 1980, 94 Stat. 328.) Editorial Notes CODIFICATION Section was enacted as part of the Environmental Re- search, Development, and Demonstration Authoriza- tion Act of 1980, and not as part of the National Envi- ronmental Policy Act of 1969 which comprises this chapter. § 4370a. Assistant Administrators of Environ- mental Protection Agency; appointment; du- ties (a) The President, by and with the advice and consent of the Senate, may appoint three Assist- ant Administrators of the Environmental Pro- tection Agency in addition to— (1) the five Assistant Administrators pro- vided for in section 1(d) of Reorganization Plan Numbered 3 of 1970 (5 U.S.C. Appendix); (2) the Assistant Administrator provided by section 2625(g) of title 15; and (3) the Assistant Administrator provided by section 6911a of this title. (b) Each Assistant Administrator appointed under subsection (a) shall perform such duties as the Administrator of the Environmental Protec- tion Agency may prescribe. (Pub. L. 98–80, § 1, Aug. 23, 1983, 97 Stat. 485.) Editorial Notes REFERENCES IN TEXT Reorganization Plan Numbered 3 of 1970, referred to in subsec. (a)(1), is set out under section 4321 of this title. CODIFICATION Section was not enacted as part of the National Envi- ronmental Policy Act of 1969 which comprises this chapter. § 4370b. Availability of fees and charges to carry out Agency programs Notwithstanding any other provision of law, after September 30, 1990, amounts deposited in the Licensing and Other Services Fund from fees and charges assessed and collected by the Ad- ministrator for services and activities carried out pursuant to the statutes administered by the Environmental Protection Agency shall thereafter be available to carry out the Agen- cy’s activities in the programs for which the fees or charges are made. (Pub. L. 101–144, title III, Nov. 9, 1989, 103 Stat. 858.) Editorial Notes CODIFICATION Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1990, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter. § 4370c. Environmental Protection Agency fees (a) Assessment and collection The Administrator of the Environmental Pro- tection Agency shall, by regulation, assess and collect fees and charges for services and activi- ties carried out pursuant to laws administered by the Environmental Protection Agency. (b) Amount of fees and charges Fees and charges assessed pursuant to this section shall be in such amounts as may be nec- essary to ensure that the aggregate amount of fees and charges collected pursuant to this sec- tion, in excess of the amount of fees and charges collected under current law— (1) in fiscal year 1991, is not less than $28,000,000; and (2) in each of fiscal years 1992, 1993, 1994, and 1995, is not less than $38,000,000. (c) Limitation on fees and charges (1) The maximum aggregate amount of fees and charges in excess of the amounts being col- lected under current law which may be assessed and collected pursuant to this section in a fiscal year— (A) for services and activities carried out pursuant ot 1 the Federal Water Pollution Con- trol Act [33 U.S.C. 1251 et seq.] is $10,000,000; and (B) for services and activities in programs within the jurisdiction of the House Com- mittee on Energy and Commerce and adminis- tered by the Environmental Protection Agen- cy through the Administrator, shall be limited to such sums collected as of November 5, 1990, pursuant to sections 2625(b) and 2665(e)(2) 2 of title 15, and such sums specifically authorized by the Clean Air Act Amendments of 1990. (2) Any remaining amounts required to be col- lected under this section shall be collected from services and programs administered by the Envi- ronmental Protection Agency other than those specified in subparagraphs (A) and (B) of para- graph (1). (d) Rule of construction Nothing in this section increases or dimin- ishes the authority of the Administrator to pro- mulgate regulations pursuant to section 9701 of title 31. (e) Uses of fees Fees and charges collected pursuant to this section shall be deposited into a special account Page 6159 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4370e for environmental services in the Treasury of the United States. Subject to appropriation Acts, such funds shall be available to the Envi- ronmental Protection Agency to carry out the activities for which such fees and charges are collected. Such funds shall remain available until expended. (Pub. L. 101–508, title VI, § 6501, Nov. 5, 1990, 104 Stat. 1388–320.) Editorial Notes REFERENCES IN TEXT The Federal Water Pollution Control Act, referred to in subsec. (c)(1)(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 chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Wa- ters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. Section 2665(e)(2) of title 15, referred to in subsec. (c)(1)(B), was redesignated section 2665(d)(2) of Title 15, Commerce and Trade, by Pub. L. 104–66, title II, § 2021(l)(2), Dec. 21, 1995, 109 Stat. 728. The Clean Air Act Amendments of 1990, referred to in subsec. (c)(1)(B), means Pub. L. 101–549, Nov. 15, 1990, 104 Stat. 2399. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 7401 of this title and Tables. CODIFICATION In subsec. (d), ‘‘section 9701 of title 31’’ was in the original ‘‘the Independent Office Appropriations Act (31 U.S.C. 9701)’’ and substitution was made as if it read for ‘‘title V of the Independent Offices Appropriation Act of 1952’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Section was enacted as part of the Omnibus Budget Reconciliation Act of 1990, and not as part of the Na- tional Environmental Policy Act of 1969 which com- prises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. § 4370d. Percentage of Federal funding for orga- nizations owned by socially and economi- cally disadvantaged individuals The Administrator of the Environmental Pro- tection Agency shall, on and after October 6, 1992, to the fullest extent possible, ensure that at least 8 per centum of Federal funding for prime and subcontracts awarded in support of authorized programs, including grants, loans, and contracts for wastewater treatment and leaking underground storage tanks grants, be made available to business concerns or other or- ganizations owned or controlled by socially and economically disadvantaged individuals (within the meaning of section 637(a)(5) and (6) of title 15), including historically black colleges and universities. For purposes of this section, eco- nomically and socially disadvantaged individ- uals shall be deemed to include women. (Pub. L. 102–389, title III, Oct. 6, 1992, 106 Stat. 1602.) Editorial Notes CODIFICATION Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1993, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter. § 4370e. Working capital fund in Treasury There is hereby established in the Treasury a ‘‘Working capital fund’’, to be available without fiscal year limitation for expenses and equip- ment necessary for the maintenance and oper- ation of such administrative services as the Ad- ministrator determines may be performed more advantageously as central services: Provided, That any inventories, equipment, and other as- sets pertaining to the services to be provided by such fund, either on hand or on order, less the related liabilities or unpaid obligations, and any appropriations made hereafter for the purpose of providing capital, shall be used to capitalize such fund: Provided further, That such fund shall be paid in advance or reimbursed from funds available to the Agency and other Federal agen- cies for which such centralized services are per- formed, at rates which will return in full all ex- penses of operation, including accrued leave, de- preciation of fund plant and equipment, amorti- zation of automated data processing (ADP) soft- ware and systems (either acquired or donated), and an amount necessary to maintain a reason- able operating reserve, as determined by the Ad- ministrator: Provided further, That such fund shall provide services on a competitive basis: Provided further, That an amount not to exceed four percent of the total annual income to such fund may be retained in the fund for fiscal year 1997 and each fiscal year thereafter, to remain available until expended, to be used for the ac- quisition of capital equipment and for the im- provement and implementation of Agency finan- cial management, ADP, and other support sys- tems: Provided further, That no later than thirty days after the end of each fiscal year amounts in excess of this reserve limitation shall be trans- ferred to the Treasury. (Pub. L. 104–204, title III, Sept. 26, 1996, 110 Stat. 2912; Pub. L. 105–65, title III, Oct. 27, 1997, 111 Stat. 1374; Pub. L. 105–276, title III, Oct. 21, 1998, 112 Stat. 2499.) Editorial Notes CODIFICATION Section was formerly set out as a note under section 501 of Title 31, Money and Finance. Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.