33 U.S.C. § 1371

Authority under other laws and regulations

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(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, § 511, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 893; amended Pub. L. 93–243, § 3, Jan. 2, 1974, 87 Stat. 1069.)Editorial NotesReferences in Text

Act of March 3, 1899, referred to in subsec. (a), is act Mar. 3, 1899, ch. 425, 30 Stat. 1121, 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, which is classified generally to subchapter III (§ 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, which is classified generally to chapter 55 (§ 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).

Notes of Decisions

Cited in 69 cases (2 in the last 5 years), 1973–2023 · leading case: Florida Wildlife Fed'n Inc. v. United States Army Corps of Engineers, 859 F.3d 1306 (11th Cir. 2017).

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Florida Wildlife Fed'n Inc. v. United States Army Corps of Engineers, 859 F.3d 1306 (11th Cir. 2017). · cites it 2× “” 33 U.S.C. § 1371 (a). Independently of the Corps, the DEP and the Water District moved to dismiss the complaint, invoking Eleventh Amendment sovereign immunity.”

S. D. Warren Co. v. Maine Bd. of Env't Prot., 547 U.S. 370 (2006). · cites it 2× “8 Warren briefly makes another argument for disregarding the plain meaning of the word “discharge,” relying on § 511(c)(2) of the Clean Water Act, 33 U. S. C. § 1371 (c)(2). This section addresses the intersection of the Act with another statute, the National Environmental…”

City of Milwaukee v. Illinois, 451 U.S. 304 (1981). · cites it 2× “§ 511 (a), 33 U. S. C. § 1371 (a). Thus, under the statutory scheme, any permit issued by the EPA or a qualifying state agency does not insulate a discharger from liability under other federal or state law.”

Mahelona v. Hawaiian Elec. Co., Inc., 418 F. Supp. 1328 (D. Haw. 1976). · cites it 11× “Instead, in response to an inquiry from the Corps about whether EPA would prepare an EIS, the Regional Administrator of EPA stated, “Pursuant to [ 33 U.S.C. § 1371 (c)(1)] of the Federal Water Pollution Control Act Amendments of 1972, a Federal Environmental Impact Statement was…”

Edward E. Simons v. Anne M. Gorsuch, Adm'r of Env't Prot. Agency of the U.S.A., 715 F.2d 1248 (7th Cir. 1983). · cites it 4× “” 33 U.S.C. § 1371 (c). That statute provides, in pertinent part: (c) Action of Administrator deemed major Federal action; construction of National Environmental Policy Act of 1969 (1) Except for the provision of Federal financial assistance for the purpose of assisting the…”

Dioxin/Organochlorine Ctr. v. POLLUTION CONTROL, 932 P.2d 158 (Wash. 1997). · cites it 3× “91-140, et al. at 19 (May 15, 1992) (hereinafter "Order"); Br.”

Ctr. v. Pollution Control Hearings Bd., 131 Wash. 2d 345 (Wash. 1997). · cites it 3× “at 19 (May 15, 1992) (hereinafter "Order”); Br. of Resp’t Pollution Control Hr’gs Board at 19.”

Roland C. Dubois & Restore: The North Woods v. United States Dep't of Agric., & Loon Mountain Rec. Corp., 102 F.3d 1273 (1st Cir. 1996). · cites it 2× “They argued that the federal agency (Forest Service) and the federal court lack the authority to review independently and determine the validity of requirements imposed under state law or in a state’s § 401 certification, see 33 U.S.C. § 1371 (c)(2)(A) (1994), and that such…”

Citizens Alert Regarding the Env't v. United States Env't Prot. Agency, 259 F. Supp. 2d 9 (D.D.C. 2003). · cites it 2× “See 33 U.S.C. § 1371 (c). This provision mandates that no action taken by EPA pursuant to the CWA “shall be deemed a major federal action .”

Train v. Colorado Pub. Interest Rsch. Grp., Inc., 426 U.S. 1 (1976). “Senator Buckley expressed concern about § 511 (c) (2) (B) of the FWPCA, 33 U. S. C. § 1371 (c) (2) (B) (1970 ed., Supp.”

United States v. Dixie Carriers, Inc., 462 F. Supp. 1126 (E.D. La. 1978). · cites it 4× “33 U.S.C. § 1371 . But this retention is not as unqualified as plaintiff argues.”

Dist. of Columbia, a Mun. Corp. v. Jack J. Schramm, Reg'l Adm'r, Region Iii, U. S. Epa, 631 F.2d 854 (D.C. Cir. 1980). · cites it 2× “The District cites as support for its contention 33 U.S.C. § 1371 (c), 13 which states in part that “the issuance of a [NPDES] permit for the discharge of any pollutant by a new source” can be a “major Federal action significantly affecting the quality of the human environment.”

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