§ 1371. — Authority under other laws and regulations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1371]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 1371. Authority under other laws and regulations
(a) Impairment of authority or functions of officials and agencies;
treaty provisions
This chapter shall not be construed as (1) limiting the authority or
functions of any officer or agency of the United States under any other
law or regulation not inconsistent with this chapter; (2) affecting or
impairing the authority of the Secretary of the Army (A) to maintain
navigation or (B) under the Act of March 3, 1899, (30 Stat. 1112);
except that any permit issued under section 1344 of this title shall be
conclusive as to the effect on water quality of any discharge resulting
from any activity subject to section 403 of this title, or (3) affecting
or impairing the provisions of any treaty of the United States.
(b) Discharges of pollutants into navigable waters
Discharges of pollutants into the navigable waters subject to the
Rivers and Harbors Act of 1910 (36 Stat. 593; 33 U.S.C. 421) and the
Supervisory Harbors Act of 1888 (25 Stat. 209; 33 U.S.C. 441-451b) shall
be regulated pursuant to this chapter, and not subject to such Act of
1910 and the Act of 1888 except as to effect on navigation and
anchorage.
(c) Action of the Administrator deemed major Federal action;
construction of the National Environmental Policy Act of 1969
(1) Except for the provision of Federal financial assistance for the
purpose of assisting the construction of publicly owned treatment works
as authorized by section 1281 of this title, and the issuance of a
permit under section 1342 of this title for the discharge of any
pollutant by a new source as defined in section 1316 of this title, no
action of the Administrator taken pursuant to this chapter shall be
deemed a major Federal action significantly affecting the quality of the
human environment within the meaning of the National Environmental
Policy Act of 1969 (83 Stat. 852) [42 U.S.C. 4321 et seq.]; and
(2) Nothing in the National Environmental Policy Act of 1969 (83
Stat. 852) shall be deemed to--
(A) authorize any Federal agency authorized to license or permit
the conduct of any activity which may result in the discharge of a
pollutant into the navigable waters to review any effluent
limitation or other requirement established pursuant to this chapter
or the adequacy of any certification under section 1341 of this
title; or
(B) authorize any such agency to impose, as a condition
precedent to the issuance of any license or permit, any effluent
limitation other than any such limitation established pursuant to
this chapter.
(d) Consideration of international water pollution control agreements
Notwithstanding this chapter or any other provision of law, the
Administrator (1) shall not require any State to consider in the
development of the ranking in order of priority of needs for the
construction of treatment works (as defined in subchapter II of this
chapter), any water pollution control agreement which may have been
entered into between the United States and any other nation, and (2)
shall not consider any such agreement in the approval of any such
priority ranking.
(June 30, 1948, ch. 758, title V, Sec. 511, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 893; amended Pub. L. 93-243, Sec. 3,
Jan. 2, 1974, 87 Stat. 1069.)
References in Text
Act of March 3, 1899, referred to in subsec. (a), is act Mar. 3,
1899, ch. 425, 30 Stat. 1121, as amended, which enacted sections 401,
403, 404, 406, 407, 408, 409, 411 to 416, 418, 502, 549, and 687 of this
title and amended section 686 of this title. For complete classification
of this Act to the Code, see Tables.
The Rivers and Harbors Act of 1910, referred to in subsec. (b),
probably means act June 23, 1910, ch. 359, 36 Stat. 593.
The Supervisory Harbors Act of 1888, referred to in subsec. (b),
probably means act June 29, 1888, ch. 496, 25 Stat. 209, as amended,
which is classified generally to subchapter III (Sec. 441 et seq.) of
chapter 9 of this title. For complete classification of this Act to the
Code, see Tables.
The National Environmental Policy Act of 1969, referred to in
subsec. (c), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
Amendments
1974--Subsec. (d). Pub. L. 93-243 added subsec. (d).
Section Referred to in Other Sections
This section is referred to in sections 1341, 1382 of this title.
