§1324 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

States must every two years prepare and send to the Administrator for approval a report about all publicly owned lakes in the State. The report must identify and rank lakes by their nutrient/plant-growth condition, explain how the State will control pollution sources (including land use), describe ways to restore lakes with Federal partners, give methods to fix problems caused by high acidity (like neutralizing acidity and removing toxic metals), list lakes whose uses are impaired or that do not meet water standards, and assess water quality trends and pollution sources, especially toxic pollution. That information must be included in the report required under section 1315(b)(1) starting with the report due April 1, 1988. A State must have sent this information after April 1, 1988 to get grants under this law. Within 180 days after getting a State’s report, the Administrator must send a status report to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate, including how well the acidity fixes work. The Administrator will give money to States to do the approved work and to prepare the lake surveys. Grants may pay up to 70 percent of a State’s approved costs in a fiscal year. There is authority to spend $50,000,000 for each fiscal year 2001 through 2005 for these grants, to be fairly shared among States with approved plans. The Administrator must also run a national lake demonstration program to develop and test pollution-control and clean-up methods (including nonpoint source control, sediment removal and disposal, silt traps, and using dredged material for land reclamation). The law lists many priority lakes for demonstrations, including Lake Champlain (NY/VT), Lake Tahoe (CA/NV), Lake Houston (TX) and others around the country. By January 1, 1997 and every odd-numbered year after that, the Administrator must 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 done, and must send a final report and recommendations when the program is finished. Up to $40,000,000 is authorized for the demonstration program for fiscal years beginning after September 30, 1986, and up to $25,000,000 is authorized for the acidity-related work under subsection (a)(1)(D); those acidity grants must be fairly shared based on States’ needs and are in addition to other Federal aid.

Title 33, §1324

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)(1)Each 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)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)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)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)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)(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)(1)The 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)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)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)(A)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)(i)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

References 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 Subsidiaries

Effective Date

of 2002 AmendmentAmendment 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.

§1324 Clean lakes

Summary

Title 33, §1324

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Effective Date

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata