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

Summary

Other federal officers and agencies keep the powers they have under other laws unless those powers conflict with this chapter. The Secretary of the Army can still work to keep channels open and act under the Act of March 3, 1899. A permit issued under section 1344 decides the water-quality effect of any discharge covered by section 403. The rules here do not change any U.S. treaty. Discharges into waters that fall under the Rivers and Harbors Act of 1910 and the Supervisory Harbors Act of 1888 are regulated by this chapter, except for matters about navigation and anchorage. Actions the Administrator takes under this chapter are not treated as major federal actions under the National Environmental Policy Act of 1969 (83 Stat. 852) [42 U.S.C. 4321 et seq.], except when federal money is provided to build publicly owned treatment works under section 1281 or when issuing a permit under section 1342 for a new source (see section 1316). NEPA cannot be used to let another federal agency review or change pollution limits or certifications set under this chapter (including section 1341), or to force any limit other than those in this chapter before issuing a license or permit. The Administrator also must not make States consider any U.S. agreement with another country when they rank needs for building treatment works or when approving those rankings.

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