§ 1330. — National estuary program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1330]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III--STANDARDS AND ENFORCEMENT
Sec. 1330. National estuary program
(a) Management conference
(1) Nomination of estuaries
The Governor of any State may nominate to the Administrator an
estuary lying in whole or in part within the State as an estuary of
national significance and request a management conference to develop
a comprehensive management plan for the estuary. The nomination
shall document the need for the conference, the likelihood of
success, and information relating to the factors in paragraph (2).
(2) Convening of conference
(A) In general
In any case where the Administrator determines, on his own
initiative or upon nomination of a State under paragraph (1),
that the attainment or maintenance of that water quality in an
estuary which assures protection of public water supplies and
the protection and propagation of a balanced, indigenous
population of shellfish, fish, and wildlife, and allows
recreational activities, in and on the water, requires the
control of point and nonpoint sources of pollution to supplement
existing controls of pollution in more than one State, the
Administrator shall select such estuary and convene a management
conference.
(B) Priority consideration
The Administrator shall give priority consideration under
this section to Long Island Sound, New York and Connecticut;
Narragansett Bay, Rhode Island; Buzzards Bay, Massachusetts;
Massachusetts Bay, Massachusetts (including Cape Cod Bay and
Boston Harbor); Puget Sound, Washington; New York-New Jersey
Harbor, New York and New Jersey; Delaware Bay, Delaware and New
Jersey; Delaware Inland Bays, Delaware; Albemarle Sound, North
Carolina; Sarasota Bay, Florida; San Francisco Bay, California;
Santa Monica Bay, California; Galveston Bay, Texas; Barataria-
Terrebonne Bay estuary complex, Louisiana; Indian River Lagoon,
Florida; Lake Pontchartrain Basin, Louisiana and Mississippi;
and Peconic Bay, New York.
(3) Boundary dispute exception
In any case in which a boundary between two States passes
through an estuary and such boundary is disputed and is the subject
of an action in any court, the Administrator shall not convene a
management conference with respect to such estuary before a final
adjudication has been made of such dispute.
(b) Purposes of conference
The purposes of any management conference convened with respect to
an estuary under this subsection shall be to--
(1) assess trends in water quality, natural resources, and uses
of the estuary;
(2) collect, characterize, and assess data on toxics, nutrients,
and natural resources within the estuarine zone to identify the
causes of environmental problems;
(3) develop the relationship between the inplace loads and point
and nonpoint loadings of pollutants to the estuarine zone and the
potential uses of the zone, water quality, and natural resources;
(4) develop a comprehensive conservation and management plan
that recommends priority corrective actions and compliance schedules
addressing point and nonpoint sources of pollution to restore and
maintain the chemical, physical, and biological integrity of the
estuary, including restoration and maintenance of water quality, a
balanced indigenous population of shellfish, fish and wildlife, and
recreational activities in the estuary, and assure that the
designated uses of the estuary are protected;
(5) develop plans for the coordinated implementation of the plan
by the States as well as Federal and local agencies participating in
the conference;
(6) monitor the effectiveness of actions taken pursuant to the
plan; and
(7) review all Federal financial assistance programs and Federal
development projects in accordance with the requirements of
Executive Order 12372, as in effect on September 17, 1983, to
determine whether such assistance program or project would be
consistent with and further the purposes and objectives of the plan
prepared under this section.
For purposes of paragraph (7), such programs and projects shall not be
limited to the assistance programs and 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 plan developed under this section.
(c) Members of conference
The members of a management conference convened under this section
shall include, at a minimum, the Administrator and representatives of--
(1) each State and foreign nation located in whole or in part in
the estuarine zone of the estuary for which the conference is
convened;
(2) international, interstate, or regional agencies or entities
having jurisdiction over all or a significant part of the estuary;
(3) each interested Federal agency, as determined appropriate by
the Administrator;
(4) local governments having jurisdiction over any land or water
within the estuarine zone, as determined appropriate by the
Administrator; and
(5) affected industries, public and private educational
institutions, and the general public, as determined appropriate by
the Administrator.
(d) Utilization of existing data
In developing a conservation and management plan under this section,
the management conference shall survey and utilize existing reports,
data, and studies relating to the estuary that have been developed by or
made available to Federal, interstate, State, and local agencies.
(e) Period of conference
A management conference convened under this section shall be
convened for a period not to exceed 5 years. Such conference may be
extended by the Administrator, and if terminated after the initial
period, may be reconvened by the Administrator at any time thereafter,
as may be necessary to meet the requirements of this section.
(f) Approval and implementation of plans
(1) Approval
Not later than 120 days after the completion of a conservation
and management plan and after providing for public review and
comment, the Administrator shall approve such plan if the plan meets
the requirements of this section and the affected Governor or
Governors concur.
(2) Implementation
Upon approval of a conservation and management plan under this
section, such plan shall be implemented. Funds authorized to be
appropriated under subchapters II and VI of this chapter and section
1329 of this title may be used in accordance with the applicable
requirements of this chapter to assist States with the
implementation of such plan.
(g) Grants
(1) Recipients
The Administrator is authorized to make grants to State,
interstate, and regional water pollution control agencies and
entities, State coastal zone management agencies, interstate
agencies, other public or nonprofit private agencies, institutions,
organizations, and individuals.
(2) Purposes
Grants under this subsection shall be made to pay for activities
necessary for the development and implementation of a comprehensive
conservation and management plan under this section.
(3) Federal share
The Federal share of a grant to any person (including a State,
interstate, or regional agency or entity) under this subsection for
a fiscal year--
(A) shall not exceed--
(i) 75 percent of the annual aggregate costs of the
development of a comprehensive conservation and management
plan; and
(ii) 50 percent of the annual aggregate costs of the
implementation of the plan; and
(B) shall be made on condition that the non-Federal share of
the costs are provided from non-Federal sources.
(h) Grant reporting
Any person (including a State, interstate, or regional agency or
entity) that receives a grant under subsection (g) of this section shall
report to the Administrator not later than 18 months after receipt of
such grant and biennially thereafter on the progress being made under
this section.
(i) Authorization of appropriations
There are authorized to be appropriated to the Administrator not to
exceed $35,000,000 for each of fiscal years 2001 through 2005 for--
(1) expenses related to the administration of management
conferences under this section, not to exceed 10 percent of the
amount appropriated under this subsection;
(2) making grants under subsection (g) of this section; and
(3) monitoring the implementation of a conservation and
management plan by the management conference or by the
Administrator, in any case in which the conference has been
terminated.
The Administrator shall provide up to $5,000,000 per fiscal year of the
sums authorized to be appropriated under this subsection to the
Administrator of the National Oceanic and Atmospheric Administration to
carry out subsection (j) of this section.
(j) Research
(1) Programs
In order to determine the need to convene a management
conference under this section or at the request of such a management
conference, the Administrator shall coordinate and implement,
through the National Marine Pollution Program Office and the
National Marine Fisheries Service of the National Oceanic and
Atmospheric Administration, as appropriate, for one or more
estuarine zones--
(A) a long-term program of trend assessment monitoring
measuring variations in pollutant concentrations, marine
ecology, and other physical or biological environmental
parameters which may affect estuarine zones, to provide the
Administrator the capacity to determine the potential and actual
effects of alternative management strategies and measures;
(B) a program of ecosystem assessment assisting in the
development of (i) baseline studies which determine the state of
estuarine zones and the effects of natural and anthropogenic
changes, and (ii) predictive models capable of translating
information on specific discharges or general pollutant loadings
within estuarine zones into a set of probable effects on such
zones;
(C) a comprehensive water quality sampling program for the
continuous monitoring of nutrients, chlorine, acid precipitation
dissolved oxygen, and potentially toxic pollutants (including
organic chemicals and metals) in estuarine zones, after
consultation with interested State, local, interstate, or
international agencies and review and analysis of all
environmental sampling data presently collected from estuarine
zones; and
(D) a program of research to identify the movements of
nutrients, sediments and pollutants through estuarine zones and
the impact of nutrients, sediments, and pollutants on water
quality, the ecosystem, and designated or potential uses of the
estuarine zones.
(2) Reports
The Administrator, in cooperation with the Administrator of the
National Oceanic and Atmospheric Administration, shall submit to the
Congress no less often than biennially a comprehensive report on the
activities authorized under this subsection including--
(A) a listing of priority monitoring and research needs;
(B) an assessment of the state and health of the Nation's
estuarine zones, to the extent evaluated under this subsection;
(C) a discussion of pollution problems and trends in
pollutant concentrations with a direct or indirect effect on
water quality, the ecosystem, and designated or potential uses
of each estuarine zone, to the extent evaluated under this
subsection; and
(D) an evaluation of pollution abatement activities and
management measures so far implemented to determine the degree
of improvement toward the objectives expressed in subsection
(b)(4) of this section.
(k) Definitions
For purposes of this section, the terms ``estuary'' and ``estuarine
zone'' have the meanings such terms have in section 1254(n)(4) of this
title, except that the term ``estuarine zone'' shall also include
associated aquatic ecosystems and those portions of tributaries draining
into the estuary up to the historic height of migration of anadromous
fish or the historic head of tidal influence, whichever is higher.
(June 30, 1948, ch. 758, title III, Sec. 320, as added Pub. L. 100-4,
title III, Sec. 317(b), Feb. 4, 1987, 101 Stat. 61; amended Pub. L. 100-
202, Sec. 101(f) [title II, 201], Dec. 22, 1987, 101 Stat. 1329-187,
1329-197; Pub. L. 100-653, title X, Sec. 1004, Nov. 14, 1988, 102 Stat.
3836; Pub. L. 100-688, title II, Sec. 2001, Nov. 18, 1988, 102 Stat.
4151; Pub. L. 105-362, title V, Sec. 501(a)(2), Nov. 10, 1998, 112 Stat.
3283; Pub. L. 106-457, title III, Secs. 301--303, Nov. 7, 2000, 114
Stat. 1972; 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 subsec. (b), 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.
Amendments
2002--Subsec. (k). Pub. L. 107-303 repealed Pub. L. 105-362,
Sec. 501(a)(2). See 1998 Amendment note below.
2000--Subsec. (a)(2)(B). Pub. L. 106-457, Sec. 301, inserted ``Lake
Pontchartrain Basin, Louisiana and Mississippi;'' before ``and Peconic
Bay, New York.''
Subsec. (g)(2), (3). Pub. L. 106-457, Sec. 302, added pars. (2) and
(3) and struck out former pars. (2) and (3) which read as follows:
``(2) Purposes.--Grants under this subsection shall be made to pay
for assisting research, surveys, studies, and modeling and other
technical work necessary for the development of a conservation and
management plan under this section.
``(3) Federal share.--The amount of grants to any person (including
a State, interstate, or regional agency or entity) under this subsection
for a fiscal year shall not exceed 75 percent of the costs of such
research, survey, studies, and work and shall be made on condition that
the non-Federal share of such costs are provided from non-Federal
sources.''
Subsec. (i). Pub. L. 106-457, Sec. 303, substituted ``$35,000,000
for each of fiscal years 2001 through 2005'' for ``$12,000,000 per
fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991''.
1998--Subsec. (k). Pub. L. 105-362, Sec. 501(a)(2), which directed
the substitution of ``section 1254(n)(3)'' for ``section 1254(n)(4)'',
was repealed by Pub. L. 107-303. See Effective Date of 2002 Amendment
note below.
1988--Subsec. (a)(2)(B). Pub. L. 100-653, Sec. 1004, and Pub. L.
100-688, Sec. 2001(1), made identical amendments, inserting
``Massachusetts Bay, Massachusetts (including Cape Cod Bay and Boston
Harbor);'' after ``Buzzards Bay, Massachusetts;''.
Pub. L. 100-688, Sec. 2001(2), substituted ``California; Galveston''
for ``California; and Galveston''.
Pub. L. 100-688, Sec. 2001(3), which directed insertion of ``;
Barataria-Terrebonne Bay estuary complex, Louisiana; Indian River
Lagoon, Florida; and Peconic Bay, New York'' after ``Galveston Bay,
Texas;'' was executed by making insertion after ``Galveston Bay, Texas''
as probable intent of Congress.
1987--Subsec. (a)(2)(B). Pub. L. 100-202 inserted ``Santa Monica
Bay, California;''.
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.
Massachusetts Bay Protection; Definition; Findings and Purpose; Funding
Sources
Sections 1002, 1003, 1005 of title X of Pub. L. 100-653 provided
that:
``SEC. 1002. DEFINITION.
``For purposes of this title [amending section 1330 of this title
and enacting provisions set out as notes under sections 1251 and 1330 of
this title], the term `Massachusetts Bay' includes Massachusetts Bay,
Cape Cod Bay, and Boston Harbor, consisting of an area extending from
Cape Ann, Massachusetts south to the northern reach of Cape Cod,
Massachusetts.
``SEC. 1003. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress finds and declares that--
``(1) Massachusetts Bay comprises a single major estuarine and
oceanographic system extending from Cape Ann, Massachusetts south to
the northern reaches of Cape Cod, encompassing Boston Harbor,
Massachusetts Bay, and Cape Cod Bay;
``(2) several major riverine systems, including the Charles,
Neponset, and Mystic Rivers, drain the watersheds of eastern
Massachusetts into the Bay;
``(3) the shorelines of Massachusetts Bay, first occupied in the
middle 1600's, are home to over 4 million people and support a
thriving industrial and recreational economy;
``(4) Massachusetts Bay supports important commercial fisheries,
including lobsters, finfish, and shellfisheries, and is home to or
frequented by several endangered species and marine mammals;
``(5) Massachusetts Bay also constitutes an important
recreational resource, providing fishing, swimming, and boating
opportunities to the region;
``(6) rapidly expanding coastal populations and pollution pose
increasing threats to the long-term health and integrity of
Massachusetts Bay;
``(7) while the cleanup of Boston Harbor will contribute
significantly to improving the overall environmental quality of
Massachusetts Bay, expanded efforts encompassing the entire
ecosystem will be necessary to ensure its long-term health;
``(8) the concerted efforts of all levels of Government, the
private sector, and the public at large will be necessary to protect
and enhance the environmental integrity of Massachusetts Bay; and
``(9) the designation of Massachusetts Bay as an Estuary of
National Significance and the development of a comprehensive plan
for protecting and restoring the Bay may contribute significantly to
its long-term health and environmental integrity.
``(b) Purpose.--The purpose of this title is to protect and enhance
the environmental quality of Massachusetts Bay by providing for its
designation as an Estuary of National Significance and by providing for
the preparation of a comprehensive restoration plan for the Bay.
``SEC. 1005. FUNDING SOURCES.
``Within one year of enactment [Nov. 14, 1988], the Administrator of
the United States Environmental Protection Agency and the Governor of
Massachusetts shall undertake to identify and make available sources of
funding to support activities pertaining to Massachusetts Bay undertaken
pursuant to or authorized by section 320 of the Clean Water Act [33
U.S.C. 1330], and shall make every effort to coordinate existing
research, monitoring or control efforts with such activities.''
Purposes and Policies of National Estuary Program
Section 317(a) of Pub. L. 100-4 provided that:
``(1) Findings.--Congress finds and declares that--
``(A) the Nation's estuaries are of great importance for fish
and wildlife resources and recreation and economic opportunity;
``(B) maintaining the health and ecological integrity of these
estuaries is in the national interest;
``(C) increasing coastal population, development, and other
direct and indirect uses of these estuaries threaten their health
and ecological integrity;
``(D) long-term planning and management will contribute to the
continued productivity of these areas, and will maximize their
utility to the Nation; and
``(E) better coordination among Federal and State programs
affecting estuaries will increase the effectiveness and efficiency
of the national effort to protect, preserve, and restore these
areas.
``(2) Purposes.--The purposes of this section [enacting this
section] are to--
``(A) identify nationally significant estuaries that are
threatened by pollution, development, or overuse;
``(B) promote comprehensive planning for, and conservation and
management of, nationally significant estuaries;
``(C) encourage the preparation of management plans for
estuaries of national significance; and
``(D) enhance the coordination of estuarine research.''
Section Referred to in Other Sections
This section is referred to in sections 1269, 1270, 1273, 1285,
1381, 1383, 1386, 1414b, 2902 of this title; title 16 sections 1447c,
1455b; title 42 section 7412.
