§1371 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

States that the rules here do not take away powers other U.S. officers or agencies have under other laws unless those laws conflict. It does not reduce the Secretary of the Army’s power to keep navigation safe or to act under the Act of March 3, 1899, and any permit issued under section 1344 is final about how a discharge affects water quality for things covered by section 403. It also does not change U.S. treaties. Pollutant discharges covered by the Rivers and Harbors Act of 1910 and the Supervisory Harbors Act of 1888 are controlled under this chapter, except those older Acts still apply for navigation and anchorage. Actions by the Administrator under this chapter are not treated as major federal actions under NEPA, except for federal money to build treatment works (section 1281) and permits for new sources (section 1342 and section 1316). NEPA cannot be used to make other agencies review or add limits beyond those in this chapter or to force states to use international agreements when ranking treatment‑work needs.

Title 33, §1371

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)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 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)(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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Act of

March 3, 1899, referred to in subsec. (a), is act Mar. 3, 1899, ch. 425, 30 Stat. 1121, which enacted section 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).

§1371 Authority under other laws and regulations