§1363 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Sets up a Water Pollution Control Advisory Board inside the Environmental Protection Agency. The EPA Administrator or someone they pick will be the chair. The President appoints nine members who are not federal employees. Members should come from state, interstate, or local governments, groups or businesses affected by or working on pollution, and other people who know about pollution control. Each appointed member serves a three-year term. If someone fills a vacancy, they finish that term. The first group after June 30, 1956 had staggered terms: three for one year, three for two years, and three for three years, as the President chose. A member’s term can continue until a successor starts. Members cannot be reappointed until one year after their term ends. When the board meets or works at the Administrator’s request, nonfederal members can be paid up to $100 per day, including travel time, and get travel expenses and per diem as allowed by law. The board’s job is to advise and make policy recommendations to the Administrator about the EPA’s work under this law. The EPA must provide any needed clerical and technical help.

Title 33, §1363

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)(1)There is hereby established in the Environmental Protection Agency a Water Pollution Control Advisory Board, composed of the Administrator or his designee, who shall be Chairman, and nine members appointed by the President, none of whom shall be Federal officers or employees. The appointed members, having due regard for the purposes of this chapter, shall be selected from among representatives of various State, interstate, and local governmental agencies, of public or private interests contributing to, affected by, or concerned with pollution, and of other public and private agencies, organizations, or groups demonstrating an active interest in the field of pollution prevention and control, as well as other individuals who are expert in this field.

(2)(A)Each member appointed by the President shall hold office for a term of three years, except that (i) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (ii) the terms of office of the members first taking office after June 30, 1956, shall expire as follows: three at the end of one year after such date, three at the end of two years after such date, and three at the end of three years after such date, as designated by the President at the time of appointment, and (iii) the term of any member under the preceding provisions shall be extended until the date on which his successor’s appointment is effective. None of the members appointed by the President shall be eligible for reappointment within one year after the end of his preceding term.

(B)The members of the Board who are not officers or employees of the United States, while attending conferences or meetings of the Board or while serving at the request of the Administrator, shall be entitled to receive compensation at a rate to be fixed by the Administrator, but not exceeding $100 per diem, including travel-time, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons in the Government service employed intermittently.

(b)The Board shall advise, consult with, and make recommendations to the Administrator on matters of policy relating to the activities and functions of the Administrator under this chapter.

(c)Such clerical and technical assistance as may be necessary to discharge the duties of the Board shall be provided from the personnel of the Environmental Protection Agency.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Travel expenses, including per diem in lieu of subsistence as authorized by law, referred to in subsec. (a)(2)(B), probably means the allowances authorized by section 5703 of Title 5, Government Organization and Employees.

Statutory Notes and Related Subsidiaries

Continuation of Term of Office Pub. L. 87–88, § 6(c),

July 20, 1961, 75 Stat. 207, provided that members of the Water Pollution Control Advisory Board holding office immediately preceding

July 20, 1961 were to remain in office as members of the Board as established by section 6(a) of Pub. L. 87–88 until the expiration of the terms of office for which they were originally appointed. Terms of Office of Members of Water Pollution Control Advisory BoardAct

July 9, 1956, ch. 518, § 3, 70 Stat. 507, provided that the terms of office of members of the Water Pollution Control Advisory Board, holding office on

July 9, 1956, were to terminate at the close of business on that date. Termination of Advisory BoardsAdvisory boards in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided for by law. See section 1001(2) and 1013 of Title 5, Government Organization and Employees.

§1363 Water Pollution Control Advisory Board