33 U.S.C. § 1401 — Congressional finding, policy, and dec-

Page 604 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1389 ministrator shall make the request and accom- panying information available by electronic means, including on the official public Internet site of the Environmental Protection Agency. (e) International agreements This section shall be applied in a manner con- sistent with United States obligations under international agreements. (f) Management and oversight The Administrator may retain up to 0.25 per- cent of the funds appropriated for this sub- chapter for management and oversight of the re- quirements of this section. (g) Effective date This section does not apply with respect to a project if a State agency approves the engineer- ing plans and specifications for the project, in that agency’s capacity to approve such plans and specifications prior to a project requesting bids, prior to June 10, 2014. (June 30, 1948, ch. 758, title VI, § 608, as added Pub. L. 113–121, title V, § 5004, June 10, 2014, 128 Stat. 1326.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2014, see section 5006 of Pub. L. 113–121, set out as an Effective Date of 2014 Amend- ment note under section 1381 of this title. § 1389. Clean watersheds needs survey (a) Requirement Not later than 2 years after November 15, 2021, and not less frequently than once every 4 years thereafter, the Administrator shall— (1) conduct and complete an assessment of capital improvement needs for all projects that are eligible under section 1383(c) of this title for assistance from State water pollution control revolving funds; and (2) submit to Congress a report describing the results of the assessment completed under paragraph (1). (b) Authorization of appropriations There is authorized to be appropriated to carry out the initial needs survey under sub- section (a) $5,000,000, to remain available until expended. (June 30, 1948, ch. 758, title VI, § 609, as added Pub. L. 117–58, div. E, title II, § 50220, Nov. 15, 2021, 135 Stat. 1180.) CHAPTER 27—OCEAN DUMPING Sec. 1401. Congressional finding, policy, and declaration of purpose. 1402. Definitions. SUBCHAPTER I—REGULATION 1411. Prohibited acts. 1412. Dumping permit program. 1412a. Emergency dumping of industrial waste. 1413. Dumping permit program for dredged mate- rial. 1414. Permit conditions. 1414a. Special provisions regarding certain dumping sites. Sec. 1414b. Ocean dumping of sewage sludge and indus- trial waste. 1414c. Prohibition on disposal of sewage sludge at landfills on Staten Island. 1415. Penalties. 1416. Relationship to other laws. 1417. Enforcement. 1418. Regulations. 1419. International cooperation. 1420. Authorization of appropriations. 1421. Omitted. SUBCHAPTER II—RESEARCH 1441. Monitoring and research program. 1442. Research program respecting possible long- range effects of pollution, overfishing, and man-induced changes of ocean ecosystems. 1443. Research program respecting ocean dumping and other methods of waste disposal. 1444. Annual reports. 1445. Authorization of appropriations. § 1401. Congressional finding, policy, and dec- laration of purpose (a) Dangers of unregulated dumping Unregulated dumping of material into ocean waters endangers human health, welfare, and amenities, and the marine environment, ecologi- cal systems, and economic potentialities. (b) Policy of regulation and prevention or limita- tion The Congress declares that it is the policy of the United States to regulate the dumping of all types of materials into ocean waters and to pre- vent or strictly limit the dumping into ocean waters of any material which would adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities. (c) Regulation of dumping and transportation for dumping purposes It is the purpose of this Act to regulate (1) the transportation by any person of material from the United States and, in the case of United States vessels, aircraft, or agencies, the trans- portation of material from a location outside the United States, when in either case the trans- portation is for the purpose of dumping the ma- terial into ocean waters, and (2) the dumping of material transported by any person from a loca- tion outside the United States, if the dumping occurs in the territorial sea or the contiguous zone of the United States. (Pub. L. 92–532, § 2, Oct. 23, 1972, 86 Stat. 1052; Pub. L. 93–254, § 1(1), Mar. 22, 1974, 88 Stat. 50.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (c), means Pub. L. 92–532, which is classified generally to this chapter, chapter 41 (§ 2801 et seq.) of this title, and chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Con- servation. AMENDMENTS 1974—Subsec. (b). Pub. L. 93–254 struck out statement of the purpose of this Act as being the regulation of transportation of material from the United States for dumping into ocean waters, and the dumping of mate- rial, transported from outside the United States, if the Page 605 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1402 dumping occurs in ocean waters over which the United States has jurisdiction or over which it may exercise control, under accepted principles of international law, in order to protect its territory or territorial sea, now covered by subsec. (c) of this section. Subsec. (c). Pub. L. 93–254 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1974 AMENDMENT Pub. L. 93–254, § 2, Mar. 22, 1974, 88 Stat. 51, provided in part that amendment of subsecs. (b) and (c) of this section and sections 1402, 1411, and 1412(a), other than last sentence of subsec. (a), of this title, by Pub. L. 93–254 shall become effective Mar. 22, 1974. SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–688, title I, § 1001, Nov. 18, 1988, 102 Stat. 4139, provided that: ‘‘This title [enacting sections 1414b and 1414c of this title, amending sections 1268, 1412a, and 1414a of this title, and amending provisions set out as a note under section 2267 of this title] may be cited as the ‘Ocean Dumping Ban Act of 1988’.’’ SHORT TITLE Pub. L. 92–532, § 1, Oct. 23, 1972, 86 Stat. 1052, provided: ‘‘That this Act [enacting this chapter, chapter 41 (§ 2801 et seq.) of this title, and chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Conservation] may be cited as the ‘Marine Protection, Research, and Sanc- tuaries Act of 1972’.’’ 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. ENVIRONMENTAL EFFECTS ABROAD OF MAJOR FEDERAL ACTIONS For provisions relating to environmental effects abroad of major federal actions, see Ex. Ord. No. 12114, Jan. 4, 1979, 44 F.R. 1957, set out as a note under section 4321 of Title 42, The Public Health and Welfare. FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS For provisions relating to the responsibility of the head of each Executive agency for compliance with ap- plicable pollution control standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under section 4321 of Title 42, The Public Health and Welfare. § 1402. Definitions For the purposes of this Act the term— (a) ‘‘Administrator’’ means the Administrator of the Environmental Protection Agency. (b) ‘‘Ocean waters’’ means those waters of the open seas lying seaward of the base line from which the territorial sea is measured, as pro- vided for in the Convention on the Territorial Sea and the Contiguous Zone (15 UST 1606; TIAS 5639). (c) ‘‘Material’’ means matter of any kind or description, including, but not limited to, dredged material, solid waste, incinerator res- idue, garbage, sewage, sewage sludge, munitions, radiological, chemical, and biological warfare agents, radioactive materials, chemicals, bio- logical and laboratory waste, wreck or discarded equipment, rock, sand, excavation debris, and industrial, municipal, agricultural, and other waste; but such term does not mean sewage from vessels within the meaning of section 1322 of this title. Oil within the meaning of section 1321 of this title shall be included only to the extent that such oil is taken on board a vessel or air- craft for the purpose of dumping. (d) ‘‘United States’’ includes the several States, the District of Columbia, the Common- wealth of Puerto Rico, the Canal Zone, the terri- tories and possessions of the United States, and the Trust Territory of the Pacific Islands. (e) ‘‘Person’’ means any private person or enti- ty, or any officer, employee, agent, department, agency, or instrumentality of the Federal Gov- ernment, of any State or local unit of govern- ment, or of any foreign government. (f) ‘‘Dumping’’ means a disposition of mate- rial: Provided, That it does not mean a disposi- tion of any effluent from any outfall structure to the extent that such disposition is regulated under the provisions of the Federal Water Pollu- tion Control Act, as amended [33 U.S.C. 1251 et seq.], under the provisions of section 407 of this title, or under the provisions of the Atomic En- ergy Act of 1954, as amended [42 U.S.C. 2011 et seq.], nor does it mean a routine discharge of ef- fluent incidental to the propulsion of, or oper- ation of motor-driven equipment on, vessels: Provided, further, That it does not mean the con- struction of any fixed structure or artificial is- land nor the intentional placement of any device in ocean waters or on or in the submerged land beneath such waters, for a purpose other than disposal, when such construction or such place- ment is otherwise regulated by Federal or State law or occurs pursuant to an authorized Federal or State program: And provided further, That it does not include the deposit of oyster shells, or other materials when such deposit is made for the purpose of developing, maintaining, or har- vesting fisheries resources and is otherwise reg- ulated by Federal or State law or occurs pursu- ant to an authorized Federal or State program. (g) ‘‘District court of the United States’’ in- cludes the District Court of Guam, the District Court of the Virgin Islands, the District Court of Puerto Rico, the District Court of the Canal Zone, and in the case of American Samoa and the Trust Territory of the Pacific Islands, the District Court of the United States for the Dis- trict of Hawaii, which court shall have jurisdic- tion over actions arising therein. (h) ‘‘Secretary’’ means the Secretary of the Army. (i) ‘‘Dredged material’’ means any material ex- cavated or dredged from the navigable waters of the United States. (j) ‘‘High-level radioactive waste’’ means the aqueous waste resulting from the operation of the first cycle solvent extraction system, or equivalent and the concentrated waste from sub- sequent extraction cycles, or equivalent, in a fa- cility for reprocessing irradiated reactor fuels, or irradiated fuel from nuclear power reactors. (k) ‘‘Medical waste’’ means isolation wastes; infectious agents; human blood and blood prod- ucts; pathological wastes; sharps; body parts; contaminated bedding; surgical wastes and po- tentially contaminated laboratory wastes; di- alysis wastes; and such additional medical items as the Administrator shall prescribe by regula- tion.