33 U.S.C. § 2801 — Purposes

Page 915 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2801 1 So in original. Probably should be capitalized. sources Revenue, the Bureau of Ocean Energy Manage- ment, and the Bureau of Safety and Environmental En- forcement. See Secretary of the Interior Orders No. 3299 of May 19, 2010, and No. 3302 of June 18, 2010, and chap- ters II, V, and XII of title 30, Code of Federal Regula- tions, as revised by final rules of the Department of the Interior at 75 F.R. 61051 and 76 F.R. 64432. DELEGATION OF FUNCTIONS Functions of President under subsec. (a)(3) of this section delegated to Secretary of the Department in which the Coast Guard is operating by section 8(h) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54769, as amend- ed, set out as a note under section 1321 of this title. § 2762. Submerged oil program (a) Program (1) Establishment The Under Secretary of Commerce for Oceans and Atmosphere, in conjunction with the Commandant of the Coast Guard, shall es- tablish a program to detect, monitor, and evaluate the environmental effects of sub- merged oil in the Delaware River and Bay re- gion. The program shall include the following elements: (A) The development of methods to re- move, disperse, or otherwise diminish the persistence of submerged oil. (B) The development of improved models and capacities for predicting the environ- mental fate, transport, and effects of sub- merged oil. (C) The development of techniques to de- tect and monitor submerged oil. (2) Report Not later than 3 years after July 11, 2006, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Trans- portation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the ac- tivities carried out under this subsection and activities proposed to be carried out under this subsection. (b) Demonstration project (1) Removal of submerged oil The Commandant of the Coast Guard, in conjunction with the Under Secretary of Com- merce for Oceans and Atmosphere, shall con- duct a demonstration project for the purpose of developing and demonstrating technologies and management practices to remove sub- merged oil from the Delaware River and other navigable waters. (2) Funding There is authorized to be appropriated to the Commandant of the Coast Guard $2,000,000 for each of fiscal years 2006 through 2010 to carry out this subsection. (Pub. L. 101–380, title VII, § 7002, as added Pub. L. 109–241, title VI, § 605(a)(2), July 11, 2006, 120 Stat. 555.) CHAPTER 41—NATIONAL COASTAL MONITORING Sec. 2801. Purposes. Sec. 2802. Definitions. 2803. Comprehensive Coastal Water Quality Moni- toring Program. 2803a. Ocean and coastal resiliency. 2804. Report to Congress. 2805. Authorization of appropriations. § 2801. Purposes The purposes of this chapter are to— (1) establish a comprehensive national pro- gram for consistent monitoring of the Na- tion’s coastal ecosystems; (2) establish long-term water quality assess- ment and monitoring programs for high pri- ority coastal waters that will enhance the ability of Federal, State, and local authorities to develop and implement effective remedial programs for those waters; (3) establish a system for reviewing and eval- uating the scientific, analytical, and techno- logical means that are available for moni- toring the environmental quality of coastal ecosystems; (4) establish methods for identifying uniform indicators of coastal ecosystem quality; (5) provide for periodic, comprehensive re- ports to Congress concerning the quality of the Nation’s coastal ecosystems; (6) establish a coastal environment informa- tion program to distribute coastal monitoring information; (7) provide state 1 programs authorized under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) with information necessary to design land use plans and coastal zone regu- lations that will contribute to the protection of coastal ecosystems; and (8) provide certain water pollution control programs authorized under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) with information necessary to design and im- plement effective coastal water pollution con- trols. (Pub. L. 92–532, title V, § 501, as added Pub. L. 102–567, title V, § 501, Oct. 29, 1992, 106 Stat. 4293.) Editorial Notes REFERENCES IN TEXT The Coastal Zone Management Act of 1972, referred to in par. (7), is title III of Pub. L. 89–454 as added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, which is classified generally to chapter 33 (§ 1451 et seq.) of Title 16, Con- servation. For complete classification of this Act to the Code, see Short Title note set out under section 1451 of Title 16 and Tables. The Federal Water Pollution Control Act, referred to in par. (8), is act June 30, 1948, ch. 758, as amended gen- erally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Title V of Pub. L. 92–532, which comprises this chap- ter, is popularly known as the ‘‘National Coastal Moni- toring Act’’. Page 916 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2802 1 So in original. The closing quotation marks preceding the semicolon probably should not appear. 1 So in original. Probably should be ‘‘of’’. 2 So in original. The period probably should be a semicolon. § 2802. Definitions For the purposes of this chapter, the term— (1) ‘‘Administrator’’ means the Adminis- trator of the Environmental Protection Agen- cy; (2) ‘‘coastal ecosystem’’ means a system of interacting biological, chemical, and physical components throughout the water column, water surface, and benthic environment of coastal waters; (3) ‘‘coastal water quality’’ means the phys- ical, chemical and biological parameters that relate to the health and integrity of coastal ecosystems; (4) ‘‘coastal water quality monitoring’’ means a continuing program of measurement, analysis, and synthesis to identify and quan- tify coastal water quality conditions and trends to provide a technical basis for deci- sionmaking; (5) ‘‘coastal waters’’ means waters of the Great Lakes, including their connecting wa- ters and those portions of rivers, streams, and other bodies of water having unimpaired con- nection with the open sea up to the head of tidal influence, including wetlands, intertidal areas, bays, harbors, and lagoons, including waters of the territorial sea of the United States and the contiguous zone’’; 1 and (6) ‘‘Under Secretary’’ means Under Sec- retary of Commerce for Oceans and Atmos- phere. (Pub. L. 92–532, title V, § 502, as added Pub. L. 102–567, title V, § 501, Oct. 29, 1992, 106 Stat. 4294.) 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. § 2803. Comprehensive Coastal Water Quality Monitoring Program (a) Authority; joint implementation (1) The Administrator and the Under Sec- retary, in conjunction with other Federal, State, and local authorities, shall jointly de- velop and implement a program for the long- term collection, assimilation, and analysis of scientific data designed to measure the environ- mental quality of the Nation’s coastal eco- systems pursuant to this section. Monitoring conducted pursuant to this section shall be co- ordinated with relevant monitoring programs conducted by the Administrator, Under Sec- retary, and other Federal, State, and local au- thorities. (2) Primary leadership for the monitoring pro- gram activities conducted by the Environmental Protection Agency pursuant to this section shall be located at the Environmental Research Lab- oratory in Narragansett, Rhode Island. (b) Program elements The Comprehensive Coastal Water Quality Monitoring Program shall include, but not be limited to— (1) identification and analysis of the status of environmental quality in the Nation’s coastal ecosystems, including but not limited to, assessment of— (A) ambient water quality, including con- taminant levels in relation to criteria and standards issued pursuant to title III or 1 the Federal Water Pollution Control Act (33 U.S.C. 1311 et seq.); (B) benthic environmental quality, includ- ing analysis of contaminant levels in sedi- ments in relation to criteria and standards issued pursuant to title III of the Federal Water Pollution Control Act (33 U.S.C. 1311 et seq.); and (C) health and quality of living resources.2 (2) identification of sources of environ- mental degradation affecting the Nation’s coastal ecosystems; (3) assessment of the impact of govern- mental programs and management strategies and measures designed to abate or prevent the environmental degradation of the Nation’s coastal ecosystems; (4) assessment of the accumulation of floatables along coastal shorelines; (5) analysis of expected short-term and long- term trends in the environmental quality of the Nation’s coastal ecosystems; and (6) the development and implementation of intensive coastal water quality monitoring programs in accordance with subsection (d). (c) Monitoring guidelines and protocols (1) Guidelines Not later than 18 months after October 29, 1992, the Administrator and the Under Sec- retary shall jointly issue coastal water quality monitoring guidelines to assist in the develop- ment and implementation of coastal water quality monitoring programs. The guidelines shall— (A) provide an appropriate degree of uni- formity among the coastal water quality monitoring methods and data while pre- serving the flexibility of monitoring pro- grams to address specific needs; (B) establish scientifically valid moni- toring methods that will— (i) provide simplified methods to survey and assess the water quality and ecologi- cal health of coastal waters; (ii) identify and quantify through more intensive efforts the severity of existing or anticipated problems in selected coastal waters; (iii) identify and quantify sources of pol- lution that cause or contribute to those problems, including point and nonpoint sources; and (iv) evaluate over time the effectiveness of efforts to reduce or eliminate pollution from those sources;