§ 1329. — Nonpoint source management programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1329]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III--STANDARDS AND ENFORCEMENT
Sec. 1329. Nonpoint source management programs
(a) State assessment reports
(1) Contents
The Governor of each State shall, after notice and opportunity
for public comment, prepare and submit to the Administrator for
approval, a report which--
(A) identifies those navigable waters within the State
which, without additional action to control nonpoint sources of
pollution, cannot reasonably be expected to attain or maintain
applicable water quality standards or the goals and requirements
of this chapter;
(B) identifies those categories and subcategories of
nonpoint sources or, where appropriate, particular nonpoint
sources which add significant pollution to each portion of the
navigable waters identified under subparagraph (A) in amounts
which contribute to such portion not meeting such water quality
standards or such goals and requirements;
(C) describes the process, including intergovernmental
coordination and public participation, for identifying best
management practices and measures to control each category and
subcategory of nonpoint sources and, where appropriate,
particular nonpoint sources identified under subparagraph (B)
and to reduce, to the maximum extent practicable, the level of
pollution resulting from such category, subcategory, or source;
and
(D) identifies and describes State and local programs for
controlling pollution added from nonpoint sources to, and
improving the quality of, each such portion of the navigable
waters, including but not limited to those programs which are
receiving Federal assistance under subsections (h) and (i) of
this section.
(2) Information used in preparation
In developing the report required by this section, the State (A)
may rely upon information developed pursuant to sections 1288,
1313(e), 1314(f), 1315(b), and 1324 of this title, and other
information as appropriate, and (B) may utilize appropriate elements
of the waste treatment management plans developed pursuant to
sections 1288(b) and 1313 of this title, to the extent such elements
are consistent with and fulfill the requirements of this section.
(b) State management programs
(1) In general
The Governor of each State, for that State or in combination
with adjacent States, shall, after notice and opportunity for public
comment, prepare and submit to the Administrator for approval a
management program which such State proposes to implement in the
first four fiscal years beginning after the date of submission of
such management program for controlling pollution added from
nonpoint sources to the navigable waters within the State and
improving the quality of such waters.
(2) Specific contents
Each management program proposed for implementation under this
subsection shall include each of the following:
(A) An identification of the best management practices and
measures which will be undertaken to reduce pollutant loadings
resulting from each category, subcategory, or particular
nonpoint source designated under paragraph (1)(B), taking into
account the impact of the practice on ground water quality.
(B) An identification of programs (including, as
appropriate, nonregulatory or regulatory programs for
enforcement, technical assistance, financial assistance,
education, training, technology transfer, and demonstration
projects) to achieve implementation of the best management
practices by the categories, subcategories, and particular
nonpoint sources designated under subparagraph (A).
(C) A schedule containing annual milestones for (i)
utilization of the program implementation methods identified in
subparagraph (B), and (ii) implementation of the best management
practices identified in subparagraph (A) by the categories,
subcategories, or particular nonpoint sources designated under
paragraph (1)(B). Such schedule shall provide for utilization of
the best management practices at the earliest practicable date.
(D) A certification of the attorney general of the State or
States (or the chief attorney of any State water pollution
control agency which has independent legal counsel) that the
laws of the State or States, as the case may be, provide
adequate authority to implement such management program or, if
there is not such adequate authority, a list of such additional
authorities as will be necessary to implement such management
program. A schedule and commitment by the State or States to
seek such additional authorities as expeditiously as
practicable.
(E) Sources of Federal and other assistance and funding
(other than assistance provided under subsections (h) and (i) of
this section) which will be available in each of such fiscal
years for supporting implementation of such practices and
measures and the purposes for which such assistance will be used
in each of such fiscal years.
(F) An identification of Federal financial assistance
programs and Federal development projects for which the State
will review individual assistance applications or development
projects for their effect on water quality pursuant to the
procedures set forth in Executive Order 12372 as in effect on
September 17, 1983, to determine whether such assistance
applications or development projects would be consistent with
the program prepared under this subsection; for the purposes of
this subparagraph, identification shall not be limited to the
assistance programs or development projects subject to Executive
Order 12372 but may include any programs listed in the most
recent Catalog of Federal Domestic Assistance which may have an
effect on the purposes and objectives of the State's nonpoint
source pollution management program.
(3) Utilization of local and private experts
In developing and implementing a management program under this
subsection, a State shall, to the maximum extent practicable,
involve local public and private agencies and organizations which
have expertise in control of nonpoint sources of pollution.
(4) Development on watershed basis
A State shall, to the maximum extent practicable, develop and
implement a management program under this subsection on a watershed-
by-watershed basis within such State.
(c) Administrative provisions
(1) Cooperation requirement
Any report required by subsection (a) of this section and any
management program and report required by subsection (b) of this
section shall be developed in cooperation with local, substate
regional, and interstate entities which are actively planning for
the implementation of nonpoint source pollution controls and have
either been certified by the Administrator in accordance with
section 1288 of this title, have worked jointly with the State on
water quality management planning under section 1285(j) of this
title, or have been designated by the State legislative body or
Governor as water quality management planning agencies for their
geographic areas.
(2) Time period for submission of reports and management
programs
Each report and management program shall be submitted to the
Administrator during the 18-month period beginning on February 4,
1987.
(d) Approval or disapproval of reports and management programs
(1) Deadline
Subject to paragraph (2), not later than 180 days after the date
of submission to the Administrator of any report or management
program under this section (other than subsections (h), (i), and (k)
of this section), the Administrator shall either approve or
disapprove such report or management program, as the case may be.
The Administrator may approve a portion of a management program
under this subsection. If the Administrator does not disapprove a
report, management program, or portion of a management program in
such 180-day period, such report, management program, or portion
shall be deemed approved for purposes of this section.
(2) Procedure for disapproval
If, after notice and opportunity for public comment and
consultation with appropriate Federal and State agencies and other
interested persons, the Administrator determines that--
(A) the proposed management program or any portion thereof
does not meet the requirements of subsection (b)(2) of this
section or is not likely to satisfy, in whole or in part, the
goals and requirements of this chapter;
(B) adequate authority does not exist, or adequate resources
are not available, to implement such program or portion;
(C) the schedule for implementing such program or portion is
not sufficiently expeditious; or
(D) the practices and measures proposed in such program or
portion are not adequate to reduce the level of pollution in
navigable waters in the State resulting from nonpoint sources
and to improve the quality of navigable waters in the State;
the Administrator shall within 6 months of the receipt of the
proposed program notify the State of any revisions or modifications
necessary to obtain approval. The State shall thereupon have an
additional 3 months to submit its revised management program and the
Administrator shall approve or disapprove such revised program
within three months of receipt.
(3) Failure of State to submit report
If a Governor of a State does not submit the report required by
subsection (a) of this section within the period specified by
subsection (c)(2) of this section, the Administrator shall, within
30 months after February 4, 1987, prepare a report for such State
which makes the identifications required by paragraphs (1)(A) and
(1)(B) of subsection (a) of this section. Upon completion of the
requirement of the preceding sentence and after notice and
opportunity for comment, the Administrator shall report to Congress
on his actions pursuant to this section.
(e) Local management programs; technical assistance
If a State fails to submit a management program under subsection (b)
of this section or the Administrator does not approve such a management
program, a local public agency or organization which has expertise in,
and authority to, control water pollution resulting from nonpoint
sources in any area of such State which the Administrator determines is
of sufficient geographic size may, with approval of such State, request
the Administrator to provide, and the Administrator shall provide,
technical assistance to such agency or organization in developing for
such area a management program which is described in subsection (b) of
this section and can be approved pursuant to subsection (d) of this
section. After development of such management program, such agency or
organization shall submit such management program to the Administrator
for approval. If the Administrator approves such management program,
such agency or organization shall be eligible to receive financial
assistance under subsection (h) of this section for implementation of
such management program as if such agency or organization were a State
for which a report submitted under subsection (a) of this section and a
management program submitted under subsection (b) of this section were
approved under this section. Such financial assistance shall be subject
to the same terms and conditions as assistance provided to a State under
subsection (h) of this section.
(f) Technical assistance for States
Upon request of a State, the Administrator may provide technical
assistance to such State in developing a management program approved
under subsection (b) of this section for those portions of the navigable
waters requested by such State.
(g) Interstate management conference
(1) Convening of conference; notification; purpose
If any portion of the navigable waters in any State which is
implementing a management program approved under this section is not
meeting applicable water quality standards or the goals and
requirements of this chapter as a result, in whole or in part, of
pollution from nonpoint sources in another State, such State may
petition the Administrator to convene, and the Administrator shall
convene, a management conference of all States which contribute
significant pollution resulting from nonpoint sources to such
portion. If, on the basis of information available, the
Administrator determines that a State is not meeting applicable
water quality standards or the goals and requirements of this
chapter as a result, in whole or in part, of significant pollution
from nonpoint sources in another State, the Administrator shall
notify such States. The Administrator may convene a management
conference under this paragraph not later than 180 days after giving
such notification, whether or not the State which is not meeting
such standards requests such conference. The purpose of such
conference shall be to develop an agreement among such States to
reduce the level of pollution in such portion resulting from
nonpoint sources and to improve the water quality of such portion.
Nothing in such agreement shall supersede or abrogate rights to
quantities of water which have been established by interstate water
compacts, Supreme Court decrees, or State water laws. This
subsection shall not apply to any pollution which is subject to the
Colorado River Basin Salinity Control Act [43 U.S.C. 1571 et seq.].
The requirement that the Administrator convene a management
conference shall not be subject to the provisions of section 1365 of
this title.
(2) State management program requirement
To the extent that the States reach agreement through such
conference, the management programs of the States which are parties
to such agreements and which contribute significant pollution to the
navigable waters or portions thereof not meeting applicable water
quality standards or goals and requirements of this chapter will be
revised to reflect such agreement. Such management programs shall be
consistent with Federal and State law.
(h) Grant program
(1) Grants for implementation of management programs
Upon application of a State for which a report submitted under
subsection (a) of this section and a management program submitted
under subsection (b) of this section is approved under this section,
the Administrator shall make grants, subject to such terms and
conditions as the Administrator considers appropriate, under this
subsection to such State for the purpose of assisting the State in
implementing such management program. Funds reserved pursuant to
section 1285(j)(5) of this title may be used to develop and
implement such management program.
(2) Applications
An application for a grant under this subsection in any fiscal
year shall be in such form and shall contain such other information
as the Administrator may require, including an identification and
description of the best management practices and measures which the
State proposes to assist, encourage, or require in such year with
the Federal assistance to be provided under the grant.
(3) Federal share
The Federal share of the cost of each management program
implemented with Federal assistance under this subsection in any
fiscal year shall not exceed 60 percent of the cost incurred by the
State in implementing such management program and shall be made on
condition that the non-Federal share is provided from non-Federal
sources.
(4) Limitation on grant amounts
Notwithstanding any other provision of this subsection, not more
than 15 percent of the amount appropriated to carry out this
subsection may be used to make grants to any one State, including
any grants to any local public agency or organization with authority
to control pollution from nonpoint sources in any area of such
State.
(5) Priority for effective mechanisms
For each fiscal year beginning after September 30, 1987, the
Administrator may give priority in making grants under this
subsection, and shall give consideration in determining the Federal
share of any such grant, to States which have implemented or are
proposing to implement management programs which will--
(A) control particularly difficult or serious nonpoint
source pollution problems, including, but not limited to,
problems resulting from mining activities;
(B) implement innovative methods or practices for
controlling nonpoint sources of pollution, including regulatory
programs where the Administrator deems appropriate;
(C) control interstate nonpoint source pollution problems;
or
(D) carry out ground water quality protection activities
which the Administrator determines are part of a comprehensive
nonpoint source pollution control program, including research,
planning, ground water assessments, demonstration programs,
enforcement, technical assistance, education, and training to
protect ground water quality from nonpoint sources of pollution.
(6) Availability for obligation
The funds granted to each State pursuant to this subsection in a
fiscal year shall remain available for obligation by such State for
the fiscal year for which appropriated. The amount of any such funds
not obligated by the end of such fiscal year shall be available to
the Administrator for granting to other States under this subsection
in the next fiscal year.
(7) Limitation on use of funds
States may use funds from grants made pursuant to this section
for financial assistance to persons only to the extent that such
assistance is related to the costs of demonstration projects.
(8) Satisfactory progress
No grant may be made under this subsection in any fiscal year to
a State which in the preceding fiscal year received a grant under
this subsection unless the Administrator determines that such State
made satisfactory progress in such preceding fiscal year in meeting
the schedule specified by such State under subsection (b)(2) of this
section.
(9) Maintenance of effort
No grant may be made to a State under this subsection in any
fiscal year unless such State enters into such agreements with the
Administrator as the Administrator may require to ensure that such
State will maintain its aggregate expenditures from all other
sources for programs for controlling pollution added to the
navigable waters in such State from nonpoint sources and improving
the quality of such waters at or above the average level of such
expenditures in its two fiscal years preceding February 4, 1987.
(10) Request for information
The Administrator may request such information, data, and
reports as he considers necessary to make the determination of
continuing eligibility for grants under this section.
(11) Reporting and other requirements
Each State shall report to the Administrator on an annual basis
concerning (A) its progress in meeting the schedule of milestones
submitted pursuant to subsection (b)(2)(C) of this section, and (B)
to the extent that appropriate information is available, reductions
in nonpoint source pollutant loading and improvements in water
quality for those navigable waters or watersheds within the State
which were identified pursuant to subsection (a)(1)(A) of this
section resulting from implementation of the management program.
(12) Limitation on administrative costs
For purposes of this subsection, administrative costs in the
form of salaries, overhead, or indirect costs for services provided
and charged against activities and programs carried out with a grant
under this subsection shall not exceed in any fiscal year 10 percent
of the amount of the grant in such year, except that costs of
implementing enforcement and regulatory activities, education,
training, technical assistance, demonstration projects, and
technology transfer programs shall not be subject to this
limitation.
(i) Grants for protecting groundwater quality
(1) Eligible applicants and activities
Upon application of a State for which a report submitted under
subsection (a) of this section and a plan submitted under subsection
(b) of this section is approved under this section, the
Administrator shall make grants under this subsection to such State
for the purpose of assisting such State in carrying out groundwater
quality protection activities which the Administrator determines
will advance the State toward implementation of a comprehensive
nonpoint source pollution control program. Such activities shall
include, but not be limited to, research, planning, groundwater
assessments, demonstration programs, enforcement, technical
assistance, education and training to protect the quality of
groundwater and to prevent contamination of groundwater from
nonpoint sources of pollution.
(2) Applications
An application for a grant under this subsection shall be in
such form and shall contain such information as the Administrator
may require.
(3) Federal share; maximum amount
The Federal share of the cost of assisting a State in carrying
out groundwater protection activities in any fiscal year under this
subsection shall be 50 percent of the costs incurred by the State in
carrying out such activities, except that the maximum amount of
Federal assistance which any State may receive under this subsection
in any fiscal year shall not exceed $150,000.
(4) Report
The Administrator shall include in each report transmitted under
subsection (m) of this section a report on the activities and
programs implemented under this subsection during the preceding
fiscal year.
(j) Authorization of appropriations
There is authorized to be appropriated to carry out subsections (h)
and (i) of this section not to exceed $70,000,000 for fiscal year 1988,
$100,000,000 per fiscal year for each of fiscal years 1989 and 1990, and
$130,000,000 for fiscal year 1991; except that for each of such fiscal
years not to exceed $7,500,000 may be made available to carry out
subsection (i) of this section. Sums appropriated pursuant to this
subsection shall remain available until expended.
(k) Consistency of other programs and projects with management programs
The Administrator shall transmit to the Office of Management and
Budget and the appropriate Federal departments and agencies a list of
those assistance programs and development projects identified by each
State under subsection (b)(2)(F) of this section for which individual
assistance applications and projects will be reviewed pursuant to the
procedures set forth in Executive Order 12372 as in effect on September
17, 1983. Beginning not later than sixty days after receiving
notification by the Administrator, each Federal department and agency
shall modify existing regulations to allow States to review individual
development projects and assistance applications under the identified
Federal assistance programs and shall accommodate, according to the
requirements and definitions of Executive Order 12372, as in effect on
September 17, 1983, the concerns of the State regarding the consistency
of such applications or projects with the State nonpoint source
pollution management program.
(l) Collection of information
The Administrator shall collect and make available, through
publications and other appropriate means, information pertaining to
management practices and implementation methods, including, but not
limited to, (1) information concerning the costs and relative
efficiencies of best management practices for reducing nonpoint source
pollution; and (2) available data concerning the relationship between
water quality and implementation of various management practices to
control nonpoint sources of pollution.
(m) Reports of Administrator
(1) Annual reports
Not later than January 1, 1988, and each January 1 thereafter,
the Administrator shall transmit to the Committee on Public Worksand
Transportation of the House of Representatives and the Committee on
Environment and Public Works of the Senate, a report for the
preceding fiscal year on the activities and programs implemented
under this section and the progress made in reducing pollution in
the navigable waters resulting from nonpoint sources and improving
the quality of such waters.
(2) Final report
Not later than January 1, 1990, the Administrator shall transmit
to Congress a final report on the activities carried out under this
section. Such report, at a minimum, shall--
(A) describe the management programs being implemented by
the States by types and amount of affected navigable waters,
categories and subcategories of nonpoint sources, and types of
best management practices being implemented;
(B) describe the experiences of the States in adhering to
schedules and implementing best management practices;
(C) describe the amount and purpose of grants awarded
pursuant to subsections (h) and (i) of this section;
(D) identify, to the extent that information is available,
the progress made in reducing pollutant loads and improving
water quality in the navigable waters;
(E) indicate what further actions need to be taken to attain
and maintain in those navigable waters (i) applicable water
quality standards, and (ii) the goals and requirements of this
chapter;
(F) include recommendations of the Administrator concerning
future programs (including enforcement programs) for controlling
pollution from nonpoint sources; and
(G) identify the activities and programs of departments,
agencies, and instrumentalities of the United States which are
inconsistent with the management programs submitted by the
States and recommend modifications so that such activities and
programs are consistent with and assist the States in
implementation of such management programs.
(n) Set aside for administrative personnel
Not less than 5 percent of the funds appropriated pursuant to
subsection (j) of this section for any fiscal year shall be available to
the Administrator to maintain personnel levels at the Environmental
Protection Agency at levels which are adequate to carry out this section
in such year.
(June 30, 1948, ch. 758, title III, Sec. 319, as added Pub. L. 100-4,
title III, Sec. 316(a), Feb. 4, 1987, 101 Stat. 52; amended Pub. L. 105-
362, title V, Sec. 501(c), Nov. 10, 1998, 112 Stat. 3283; Pub. L. 107-
303, title III, Sec. 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)
References in Text
Executive Order 12372, referred to in subsecs. (b)(2)(F) and (k), is
Ex. Ord. No. 12372, July 14, 1982, 47 F.R. 30959, as amended, which is
set out under section 6506 of Title 31, Money and Finance.
The Colorado River Basin Salinity Control Act, referred to in
subsec. (g)(1), is Pub. L. 93-320, June 24, 1974, 88 Stat. 266, as
amended, which is classified principally to chapter 32A (Sec. 1571 et
seq.) of Title 43, Public Lands. For complete classification of this Act
to the Code, see Short Title note set out under section 1571 of Title 43
and Tables.
Amendments
2002--Subsecs. (i)(4), (m), (n). Pub. L. 107-303 repealed Pub. L.
105-362, Sec. 501(c). See 1998 Amendment note below.
1998--Subsec. (i)(4). Pub. L. 105-362, Sec. 501(c)(1), which
directed the striking out of heading and text of par. (4), was repealed
by Pub. L. 107-303. See Effective Date of 2002 Amendment note below.
Subsecs. (m), (n). Pub. L. 105-362, Sec. 501(c)(2), (3), which
directed the redesignation of subsec. (n) as (m) and striking out of
heading and text of former subsec. (m), was repealed by Pub. L. 107-303.
See Effective Date of 2002 Amendment note below.
Change of Name
Committee on Public Works and Transportation of House of
Representatives treated as referring to Committee on Transportation and
Infrastructure 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.
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 1268, 1270, 1281, 1285,
1314, 1330, 1377, 1381, 1383, 1386, 1414b of this title; title 16
section 1455b; title 42 section 300j-3c.
