33 U.S.C. § 1256 — Grants for pollution control programs

Page 365 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1256 June 30, 1975,’’ for ‘‘and the fiscal year ending June 30, 1974,’’. Executive Documents TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Depart- ment, related to compliance with this chapter with re- spect to pre-construction, construction, and initial op- eration of transportation system for Canadian and Alaskan natural gas were transferred to the Federal In- spector, Office of Federal Inspector for the Alaska Nat- ural Gas Transportation System, until the first anni- versary of date of initial operation of the Alaska Nat- ural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(f), 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. § 1256. Grants for pollution control programs (a) Authorization of appropriations for State and interstate programs There are hereby authorized to be appro- priated the following sums, to remain available until expended, to carry out the purpose of this section— (1) $60,000,000 for the fiscal year ending June 30, 1973; and (2) $75,000,000 for the fiscal year ending June 30, 1974, and the fiscal year ending June 30, 1975, $100,000,000 per fiscal year for the fiscal years 1977, 1978, 1979, and 1980, $75,000,000 per fiscal year for the fiscal years 1981 and 1982, such sums as may be necessary for fiscal years 1983 through 1985, and $75,000,000 per fiscal year for each of the fiscal years 1986 through 1990; for grants to States and to interstate agencies to assist them in administering programs for the prevention, reduction, and elimination of pollution, including enforcement directly or through appropriate State law enforcement offi- cers or agencies. (b) Allotments From the sums appropriated in any fiscal year, the Administrator shall make allotments to the several States and interstate agencies in accordance with regulations promulgated by him on the basis of the extent of the pollution problem in the respective States. (c) Maximum annual payments The Administrator is authorized to pay to each State and interstate agency each fiscal year either— (1) the allotment of such State or agency for such fiscal year under subsection (b), or (2) the reasonable costs as determined by the Administrator of developing and carrying out a pollution program by such State or agency during such fiscal year, which ever amount is the lesser. (d) Limitations No grant shall be made under this section to any State or interstate agency for any fiscal year when the expenditure of non-Federal funds by such State or interstate agency during such fiscal year for the recurrent expenses of car- rying out its pollution control program are less than the expenditure by such State or interstate agency of non-Federal funds for such recurrent program expenses during the fiscal year ending June 30, 1971. (e) Grants prohibited to States not establishing water quality monitoring procedures or ade- quate emergency and contingency plans Beginning in fiscal year 1974 the Adminis- trator shall not make any grant under this sec- tion to any State which has not provided or is not carrying out as a part of its program— (1) the establishment and operation of appro- priate devices, methods, systems, and proce- dures necessary to monitor, and to compile and analyze data on (including classification according to eutrophic condition), the quality of navigable waters and to the extent prac- ticable, ground waters including biological monitoring; and provision for annually updat- ing such data and including it in the report re- quired under section 1315 of this title; (2) authority comparable to that in section 1364 of this title and adequate contingency plans to implement such authority. (f) Conditions Grants shall be made under this section on condition that— (1) Such State (or interstate agency) files with the Administrator within one hundred and twenty days after October 18, 1972: (A) a summary report of the current status of the State pollution control program, in- cluding the criteria used by the State in de- termining priority of treatment works; and (B) such additional information, data, and reports as the Administrator may require. (2) No federally assumed enforcement as de- fined in section 1319(a)(2) of this title is in ef- fect with respect to such State or interstate agency. (3) Such State (or interstate agency) sub- mits within one hundred and twenty days after October 18, 1972, and before October 1 of each year thereafter for the Administrator’s approval of its program for the prevention, re- duction, and elimination of pollution in ac- cordance with purposes and provisions of this chapter in such form and content as the Ad- ministrator may prescribe. (g) Reallotment of unpaid allotments Any sums allotted under subsection (b) in any fiscal year which are not paid shall be reallotted by the Administrator in accordance with regula- tions promulgated by him. (June 30, 1948, ch. 758, title I, § 106, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 827; amended Pub. L. 93–592, § 3, Jan. 2, 1975, 88 Stat. 1925; Pub. L. 94–273, § 3(20), Apr. 21, 1976, 90 Stat. 377; Pub. L. 95–217, § 4(c), Dec. 27, 1977, 91 Stat. 1566; Pub. Page 366 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1257 L. 96–483, § 1(b), Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100–4, title I, § 101(b), Feb. 4, 1987, 101 Stat. 9.) Editorial Notes AMENDMENTS 1987—Subsec. (a)(2). Pub. L. 100–4 inserted ‘‘, such sums as may be necessary for fiscal years 1983 through 1985, and $75,000,000 per fiscal year for each of the fiscal years 1986 through 1990’’ after ‘‘1982’’. 1980—Subsec. (a)(2). Pub. L. 96–483 inserted authoriza- tion of the sum of $75,000,000 per fiscal year for fiscal years 1981 and 1982. 1977—Subsec. (a)(2). Pub. L. 95–217 substituted ‘‘and the fiscal year ending June 30, 1975, $100,000,000 per fis- cal year for the fiscal years 1977, 1978, 1979, and 1980’’ for ‘‘and the fiscal year ending June 30, 1975’’. 1976—Subsec. (f)(3). Pub. L. 94–273 substituted ‘‘Octo- ber’’ for ‘‘July’’. 1975—Subsec. (a)(2). Pub. L. 93–592 substituted ‘‘June 30, 1974, and the fiscal year ending June 30, 1975;’’ for ‘‘June 30, 1974;’’. § 1257. Mine water pollution control demonstra- tions (a) Comprehensive approaches to elimination or control of mine water pollution The Administrator in cooperation with the Appalachian Regional Commission and other Federal agencies is authorized to conduct, to make grants for, or to contract for, projects to demonstrate comprehensive approaches to the elimination or control of acid or other mine water pollution resulting from active or aban- doned mining operations and other environ- mental pollution affecting water quality within all or part of a watershed or river basin, includ- ing siltation from surface mining. Such projects shall demonstrate the engineering and economic feasibility and practicality of various abatement techniques which will contribute substantially to effective and practical methods of acid or other mine water pollution elimination or con- trol, and other pollution affecting water quality, including techniques that demonstrate the engi- neering and economic feasibility and practi- cality of using sewage sludge materials and other municipal wastes to diminish or prevent pollution affecting water quality from acid, sedimentation, or other pollutants and in such projects to restore affected lands to usefulness for forestry, agriculture, recreation, or other beneficial purposes. (b) Consistency of projects with objectives of subtitle IV of title 40 Prior to undertaking any demonstration project under this section in the Appalachian re- gion (as defined in section 14102(a)(1) and (b) of title 40), the Appalachian Regional Commission shall determine that such demonstration project is consistent with the objectives of subtitle IV of title 40. (c) Watershed selection The Administrator, in selecting watersheds for the purposes of this section, shall be satisfied that the project area will not be affected ad- versely by the influx of acid or other mine water pollution from nearby sources. (d) Conditions upon Federal participation Federal participation in such projects shall be subject to the conditions— (1) that the State shall acquire any land or interests therein necessary for such project; and (2) that the State shall provide legal and practical protection to the project area to in- sure against any activities which will cause future acid or other mine water pollution. (e) Authorization of appropriations There is authorized to be appropriated $30,000,000 to carry out the provisions of this sec- tion, which sum shall be available until ex- pended. (June 30, 1948, ch. 758, title I, § 107, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 828.) Editorial Notes CODIFICATION In subsec. (b), ‘‘section 14102(a)(1) and (b) of title 40’’ substituted for ‘‘section 403 of the Appalachian Re- gional Development Act of 1965, as amended’’ and ‘‘sub- title IV of title 40’’ substituted for ‘‘the Appalachian Regional Development Act of 1965, as amended’’ on au- thority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. § 1257a. State demonstration programs for clean- up of abandoned mines for use as waste dis- posal sites; authorization of appropriations The Administrator of the Environmental Pro- tection Agency is authorized to make grants to States to undertake a demonstration program for the cleanup of State-owned abandoned mines which can be used as hazardous waste disposal sites. The State shall pay 10 per centum of project costs. At a minimum, the Administrator shall undertake projects under such program in the States of Ohio, Illinois, and West Virginia. There are authorized to be appropriated $10,000,000 per fiscal year for each of the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984, to carry out this section. Such projects shall be undertaken in ac- cordance with all applicable laws and regula- tions. (Pub. L. 96–483, § 12, Oct. 21, 1980, 94 Stat. 2363.) Editorial Notes CODIFICATION Section was not enacted as part of the Federal Water Pollution Control Act which comprises this chapter. § 1258. Pollution control in the Great Lakes (a) Demonstration projects The Administrator, in cooperation with other Federal departments, agencies, and instrumen- talities is authorized to enter into agreements with any State, political subdivision, interstate agency, or other public agency, or combination thereof, to carry out one or more projects to demonstrate new methods and techniques and to develop preliminary plans for the elimination or control of pollution, within all or any part of the watersheds of the Great Lakes. Such projects shall demonstrate the engineering and economic feasibility and practicality of removal of pollutants and prevention of any polluting matter from entering into the Great Lakes in