33 U.S.C. § 1324

Clean lakes

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 33 CasesGoogle Scholar

(a) Establishment and scope of program(1) State program requirementsEach 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 requirementsThe 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) with respect to subsection (a)(1)(D) 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, § 314, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 875; amended Pub. L. 95–217, §§ 4(f), 62(a), Dec. 27, 1977, 91 Stat. 1567, 1598; Pub. L. 96–483, § 1(f), Oct. 21, 1980, 94 Stat. 2360; Pub. L. 100–4, title I, § 101(g), title III, § 315(a), (b), (d), Feb. 4, 1987, 101 Stat. 9, 49, 50, 52; Pub. L. 101–596, title III, § 302, Nov. 16, 1990, 104 Stat. 3006; Pub. L. 104–66, title II, § 2021(c), Dec. 21, 1995, 109 Stat. 727; Pub. L. 105–362, title V, § 501(b), Nov. 10, 1998, 112 Stat. 3283; Pub. L. 106–457, title VII, §§ 701, 702, Nov. 7, 2000, 114 Stat. 1976; Pub. L. 107–303, title III, § 302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)Editorial NotesReferences 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, § 501(b). See 1998 Amendment note below.

2000—Subsec. (c)(2). Pub. L. 106–457, § 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, § 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, § 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, § 702(3), substituted “$25,000,000” for “$15,000,000”.

1998—Subsec. (a)(3), (4). Pub. L. 105–362, § 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, § 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, § 315(d)(1), substituted “subsection (a) of this section” for “this section” in first sentence.

Subsec. (c)(1). Pub. L. 100–4, § 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, §§ 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, § 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, § 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, § 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”.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 6 cases, 1976–2009 · leading case: Coeur Alaska, Inc. v. Se. Alaska Conservation Council, 557 U.S. 261 (2009).

Sort: Relevance Newest Treatment

Coeur Alaska, Inc. v. Se. Alaska Conservation Council, 557 U.S. 261 (2009). · cites it 2× “See also 33 U. S. C. §1324 (creating “clean lakes” program requiring Cite as: 557 U.”

United States v. Velsicol Chem. Corp., 438 F. Supp. 945 (W.D. Tenn. 1976). “The United States alleges that defendant Velsicol Chemical Corporation violated the terms and conditions of its National Pollutant Discharge Elimination System (“NPDES”) permit, issued pursuant to 33 U.S.C. § 1324 (a), and continued operation of its facility while not complying…”

People of the State of Illinois v. Outboard Marine Corp., Inc., 680 F.2d 473 (7th Cir. 1982). “§ 1255 (a); and the provision authorizing federal funds for state cleanup projects under EPA guidelines, § 314, 33 U.S.C. § 1324 . These provisions, according to OMC, represent Congress’s solution to the problem of pre-1972 pollution and displace any federal common law solution.”

Tahoe-Sierra Pres. Council v. State Water Resources Control Bd., 210 Cal. App. 3d 1421 (Cal. Ct. App. 1989). “( 33 U.S.C. § 1324 .) The 1972 enactment made other significant changes in the FWPCA system.”

Oklahoma v. Env't Prot. Agency, 908 F.2d 595 (10th Cir. 1990). “The so-called "Clean Lakes” reports are prepared by states pursuant to the requirement therefor in section 314 of the Act, 33 U.S.C. § 1324 . Subparagraph (a)(1) of the statute specifically requires that lakes be classified accord-mg to eutrophic condition.”

Pronsolino ex rel. Pronsolino v. Nastri, 291 F.3d 1123 (9th Cir. 2002). “…alone. See, e.g., § 208(b); § 303(d)(1)(A), (d)(1)(B), (d)(3), (e); CWA § 804(Z), 33 U.S.C. § 1314 (0; CWA § 314, 33 U.S.C. § 1324 (a); § 319(a). Nor are we willing to draw the more discrete inference that the § 303(d) listing and TMDL requirements cannot apply to…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.