§ 1324. — Clean lakes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1324]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III--STANDARDS AND ENFORCEMENT
Sec. 1324. Clean lakes
(a) Establishment and scope of program
(1) State program requirements
Each State on a biennial basis shall prepare and submit to the
Administrator for his approval--
(A) an identification and classification according to
eutrophic condition of all publicly owned lakes in such State;
(B) a description of procedures, processes, and methods
(including land use requirements), to control sources of
pollution of such lakes;
(C) a description of methods and procedures, in conjunction
with appropriate Federal agencies, to restore the quality of
such lakes;
(D) methods and procedures to mitigate the harmful effects
of high acidity, including innovative methods of neutralizing
and restoring buffering capacity of lakes and methods of
removing from lakes toxic metals and other toxic substances
mobilized by high acidity;
(E) a list and description of those publicly owned lakes in
such State for which uses are known to be impaired, including
those lakes which are known not to meet applicable water quality
standards or which require implementation of control programs to
maintain compliance with applicable standards and those lakes in
which water quality has deteriorated as a result of high acidity
that may reasonably be due to acid deposition; and
(F) an assessment of the status and trends of water quality
in lakes in such State, including but not limited to, the nature
and extent of pollution loading from point and nonpoint sources
and the extent to which the use of lakes is impaired as a result
of such pollution, particularly with respect to toxic pollution.
(2) Submission as part of 1315(b)(1) report
The information required under paragraph (1) shall be included
in the report required under section 1315(b)(1) of this title,
beginning with the report required under such section by April 1,
1988.
(3) Report of Administrator
Not later than 180 days after receipt from the States of the
biennial information required under paragraph (1), the Administrator
shall submit to the Committee on Public Works and Transportation of
the House of Representatives and the Committee on Environment and
Public Works of the Senate a report on the status of water quality
in lakes in the United States, including the effectiveness of the
methods and procedures described in paragraph (1)(D).
(4) Eligibility requirement
Beginning after April 1, 1988, a State must have submitted the
information required under paragraph (1) in order to receive grant
assistance under this section.
(b) Financial assistance to States
The Administrator shall provide financial assistance to States in
order to carry out methods and procedures approved by him under
subsection (a) of this section. The Administrator shall provide
financial assistance to States to prepare the identification and
classification surveys required in subsection (a)(1) of this section.
(c) Maximum amount of grant; authorization of appropriations
(1) The amount granted to any State for any fiscal year under
subsection (b) of this section shall not exceed 70 per centum of the
funds expended by such State in such year for carrying out approved
methods and procedures under subsection (a) of this section.
(2) There is authorized to be appropriated $50,000,000 for each of
fiscal years 2001 through 2005 for grants to States under subsection (b)
of this section which such sums shall remain available until expended.
The Administrator shall provide for an equitable distribution of such
sums to the States with approved methods and procedures under subsection
(a) of this section.
(d) Demonstration program
(1) General requirements
The Administrator is authorized and directed to establish and
conduct at locations throughout the Nation a lake water quality
demonstration program. The program shall, at a minimum--
(A) develop cost effective technologies for the control of
pollutants to preserve or enhance lake water quality while
optimizing multiple lakes uses;
(B) control nonpoint sources of pollution which are
contributing to the degradation of water quality in lakes;
(C) evaluate the feasibility of implementing regional
consolidated pollution control strategies;
(D) demonstrate environmentally preferred techniques for the
removal and disposal of contaminated lake sediments;
(E) develop improved methods for the removal of silt,
stumps, aquatic growth, and other obstructions which impair the
quality of lakes;
(F) construct and evaluate silt traps and other devices or
equipment to prevent or abate the deposit of sediment in lakes;
and
(G) demonstrate the costs and benefits of utilizing dredged
material from lakes in the reclamation of despoiled land.
(2) Geographical requirements
Demonstration projects authorized by this subsection shall be
undertaken to reflect a variety of geographical and environmental
conditions. As a priority, the Administrator shall undertake
demonstration projects at Lake Champlain, New York and Vermont; Lake
Houston, Texas; Beaver Lake, Arkansas; Greenwood Lake and Belcher
Creek, New Jersey; Deal Lake, New Jersey; Alcyon Lake, New Jersey;
Gorton's Pond, Rhode Island; Lake Washington, Rhode Island; Lake
Bomoseen, Vermont; Sauk Lake, Minnesota; Otsego Lake, New York;
Oneida Lake, New York; Raystown Lake, Pennsylvania; Swan Lake,
Itasca County, Minnesota; Walker Lake, Nevada; Lake Tahoe,
California and Nevada; Ten Mile Lakes, Oregon; Woahink Lake, Oregon;
Highland Lake, Connecticut; Lily Lake, New Jersey; Strawbridge Lake,
New Jersey; Baboosic Lake, New Hampshire; French Pond, New
Hampshire; Dillon Reservoir, Ohio; Tohopekaliga Lake, Florida; Lake
Apopka, Florida; Lake George, New York; Lake Wallenpaupack,
Pennsylvania; Lake Allatoona, Georgia; and Lake Worth, Texas.
(3) Reports
Notwithstanding section 3003 of the Federal Reports Elimination
and Sunset Act of 1995 (31 U.S.C. 1113 note; 109 Stat. 734-736), by
January 1, 1997, and January 1 of every odd-numbered year
thereafter, the Administrator shall report to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate on
work undertaken pursuant to this subsection. Upon completion of the
program authorized by this subsection, the Administrator shall
submit to such committees a final report on the results of such
program, along with recommendations for further measures to improve
the water quality of the Nation's lakes.
(4) Authorization of appropriations
(A) In general
There is authorized to be appropriated to carry out this
subsection not to exceed $40,000,000 for fiscal years beginning
after September 30, 1986, to remain available until expended.
(B) Special authorizations
(i) Amount
There is authorized to be appropriated to carry out
subsection (b) of this section with respect to subsection
(a)(1)(D) of this section not to exceed $25,000,000 for
fiscal years beginning after September 30, 1986, to remain
available until expended.
(ii) Distribution of funds
The Administrator shall provide for an equitable
distribution of sums appropriated pursuant to this
subparagraph among States carrying out approved methods and
procedures. Such distribution shall be based on the relative
needs of each such State for the mitigation of the harmful
effects on lakes and other surface waters of high acidity
that may reasonably be due to acid deposition or acid mine
drainage.
(iii) Grants as additional assistance
The amount of any grant to a State under this
subparagraph shall be in addition to, and not in lieu of,
any other Federal financial assistance.
(June 30, 1948, ch. 758, title III, Sec. 314, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 875; amended Pub. L. 95-217, Secs. 4(f),
62(a), Dec. 27, 1977, 91 Stat. 1567, 1598; Pub. L. 96-483, Sec. 1(f),
Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100-4, title I, Sec. 101(g), title
III, Sec. 315(a), (b), (d), Feb. 4, 1987, 101 Stat. 9, 49, 50, 52; Pub.
L. 101-596, title III, Sec. 302, Nov. 16, 1990, 104 Stat. 3006; Pub. L.
104-66, title II, Sec. 2021(c), Dec. 21, 1995, 109 Stat. 727; Pub. L.
105-362, title V, Sec. 501(b), Nov. 10, 1998, 112 Stat. 3283; Pub. L.
106-457, title VII, Secs. 701, 702, Nov. 7, 2000, 114 Stat. 1976; Pub.
L. 107-303, title III, Sec. 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)
References in Text
Section 3003 of the Federal Reports Elimination and Sunset Act of
1995, referred to in subsec. (d)(3), is section 3003 of Pub. L. 104-66,
which is set out as a note under section 1113 of Title 31, Money and
Finance.
Amendments
2002--Subsec. (a)(3), (4). Pub. L. 107-303 repealed Pub. L. 105-362,
Sec. 501(b). See 1998 Amendment note below.
2000--Subsec. (c)(2). Pub. L. 106-457, Sec. 701, substituted
``$50,000,000 for each of fiscal years 2001 through 2005'' for
``$50,000,000 for the fiscal year ending June 30, 1973; $100,000,000 for
the fiscal year 1974; $150,000,000 for the fiscal year 1975, $50,000,000
for fiscal year 1977, $60,000,000 for fiscal year 1978, $60,000,000 for
fiscal year 1979, $60,000,000 for fiscal year 1980, $30,000,000 for
fiscal year 1981, $30,000,000 for fiscal year 1982, such sums as may be
necessary for fiscal years 1983 through 1985, and $30,000,000 per fiscal
year for each of the fiscal years 1986 through 1990''.
Subsec. (d)(2). Pub. L. 106-457, Sec. 702(1), inserted ``Otsego
Lake, New York; Oneida Lake, New York; Raystown Lake, Pennsylvania; Swan
Lake, Itasca County, Minnesota; Walker Lake, Nevada; Lake Tahoe,
California and Nevada; Ten Mile Lakes, Oregon; Woahink Lake, Oregon;
Highland Lake, Connecticut; Lily Lake, New Jersey; Strawbridge Lake, New
Jersey; Baboosic Lake, New Hampshire; French Pond, New Hampshire; Dillon
Reservoir, Ohio; Tohopekaliga Lake, Florida; Lake Apopka, Florida; Lake
George, New York; Lake Wallenpaupack, Pennsylvania; Lake Allatoona,
Georgia;'' after ``Sauk Lake, Minnesota;''.
Subsec. (d)(3). Pub. L. 106-457, Sec. 702(2), substituted
``Notwithstanding section 3003 of the Federal Reports Elimination and
Sunset Act of 1995 (31 U.S.C. 1113 note; 109 Stat. 734-736), by'' for
``By''.
Subsec. (d)(4)(B)(i). Pub. L. 106-457, Sec. 702(3), substituted
``$25,000,000'' for ``$15,000,000''.
1998--Subsec. (a)(3), (4). Pub. L. 105-362, Sec. 501(b), which
directed the redesignation of par. (4) as (3) and striking out of
heading and text of par. (3), was repealed by Pub. L. 107-303. See
Effective Date of 2002 Amendment note below.
1995--Subsec. (d)(3). Pub. L. 104-66 substituted ``By January 1,
1997, and January 1 of every odd-numbered year thereafter, the
Administrator shall report to the Committee on Transportation and
Infrastructure'' for ``The Administrator shall report annually to the
Committee on Public Works and Transportation''.
1990--Subsec. (d)(2). Pub. L. 101-596 inserted ``Lake Champlain, New
York and Vermont;'' before ``Lake Houston, Texas''.
1987--Subsec. (a). Pub. L. 100-4, Sec. 315(a), amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: ``Each State
shall prepare or establish, and submit to the Administrator for his
approval--
``(1) an identification and classification according to
eutrophic condition of all publicly owned fresh water lakes in such
State;
``(2) procedures, processes, and methods (including land use
requirements), to control sources of pollution of such lakes; and
``(3) methods and procedures, in conjunction with appropriate
Federal agencies, to restore the quality of such lakes.''
Subsec. (b). Pub. L. 100-4, Sec. 315(d)(1), substituted ``subsection
(a) of this section'' for ``this section'' in first sentence.
Subsec. (c)(1). Pub. L. 100-4, Sec. 315(d)(2), substituted
``subsection (b) of this section'' for first reference to ``this
section'' and ``subsection (a) of this section'' for second reference to
``this section''.
Subsec. (c)(2). Pub. L. 100-4, Secs. 101(g), 315(d)(3), struck out
``and'' after ``1981,'' and inserted ``, such sums as may be necessary
for fiscal years 1983 through 1985, and $30,000,000 per fiscal year for
each of the fiscal years 1986 through 1990'' after ``1982'', and
substituted ``subsection (b) of this section'' for first reference to
``this section'' and ``subsection (a) of this section'' for second
reference to ``this section''.
Subsec. (d). Pub. L. 100-4, Sec. 315(b), added subsec. (d).
1980--Subsec. (c)(2). Pub. L. 96-483 inserted authorization of
$30,000,000 for each of fiscal years 1981 and 1982.
1977--Subsec. (b). Pub. L. 95-217, Sec. 62(a), inserted provision
directing the Administrator to provide financial assistance to States to
prepare the identification and classification surveys required in
subsec. (a)(1) of this section.
Subsec. (c)(2). Pub. L. 95-217, Sec. 4(f), substituted
``$150,000,000 for the fiscal year 1975, $50,000,000 for fiscal year
1977, $60,000,000 for fiscal year 1978, $60,000,000 for fiscal year
1979, and $60,000,000 for fiscal year 1980'' for ``and $150,000,000 for
the fiscal year 1975''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-303 effective Nov. 10, 1998, and Federal
Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and
administered on and after Nov. 27, 2002, as if amendments made by
section 501(a)-(d) of Pub. L. 105-362 had not been enacted, see section
302(b) of Pub. L. 107-303, set out as a note under section 1254 of this
title.
Section Referred to in Other Sections
This section is referred to in sections 1329, 1376, 1377 of this
title.
