SOURCE

(June 30, 1948, ch. 758, title III, Sec. 312, as added Oct. 18, 1972, Pub. L. 92-500, Sec. 2, 86 Stat. 871; amended Dec. 27, 1977, Pub. L. 95-217, Sec. 59, 91 Stat. 1596; Oct. 17, 1979, Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695; Feb. 4, 1987, Pub. L. 100-4, title III, Sec. 311, 101 Stat. 42; Feb. 10, 1996, Pub. L. 104-106, div. A, title III, Sec. 325(b)-(c)(2), 110 Stat. 254-259.)

REFERENCES IN TEXT

For definition of Canal Zone, referred to in subsecs. (a)(4) and (m), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

AMENDMENTS

1996 - Subsec. (a)(8). Pub. L. 104-106, Sec. 325(c)(1)(A), substituted ''corporation, association, or agency of the United States,'' for ''corporation, or association,''. Subsec. (a)(12) to (14). Pub. L. 104-106, Sec. 325(c)(1)(B), (C), added pars. (12) to (14). Subsec. (j). Pub. L. 104-106, Sec. 325(c)(2), substituted ''subsection (g)(1) of this section, clause (1) or (2) of subsection (h) of this section, or subsection (n)(8) of this section shall be liable'' for ''subsection (g)(1) of this section or clause (1) or (2) of subsection (h) of this section shall be liable''. Subsec. (n). Pub. L. 104-106, Sec. 325(b), added subsec. (n). 1987 - Subsec. (f)(1). Pub. L. 100-4, Sec. 311(a), designated existing provision as subpar. (A), substituted ''Except as provided in subparagraph (B), after'' for ''After'', and added subpar. (B). Subsec. (k). Pub. L. 100-4, Sec. 311(b), inserted at end ''The provisions of this section may also be enforced by a State.'' 1977 - Subsec. (a)(6). Pub. L. 95-217, Sec. 59(a), inserted ''except that, with respect to commercial vessels on the Great Lakes, such term shall include graywater'' after ''receive or retain body wastes''. Subsec. (a)(10), (11). Pub. L. 95-217, Sec. 59(b), added pars. (10) and (11). Subsec. (b)(1). Pub. L. 95-217, Sec. 59(c), inserted references to standards established under subsec. (c)(1)(B) of this section and to standards promulgated under subsec. (c) of this section. Subsec. (c)(1). Pub. L. 95-217, Sec. 59(d), designated existing provisions as subpar. (A) and added subpar. (B). Subsec. (f)(4). Pub. L. 95-217, Sec. 59(e), designated existing provisions as subpar. (A) and added subpar. (B).

CHANGE OF NAME

''Secretary of Health and Human Services'' substituted for ''Secretary of Health, Education, and Welfare'' in subsec. (e) pursuant to section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education.

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE

CANAL ZONE

For termination of the United States District Court for the District of the Canal Zone at end of the ''transition period'', being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse. PURPOSE OF 1996 AMENDMENT Section 325(a) of Pub. L. 104-106 provided that: ''The purposes of this section (amending this section and section 1362 of this title and enacting provisions set out as a note below) are to - ''(1) enhance the operational flexibility of vessels of the Armed Forces domestically and internationally; ''(2) stimulate the development of innovative vessel pollution control technology; and ''(3) advance the development by the United States Navy of environmentally sound ships.''

COOPERATION IN NATIONAL DISCHARGE STANDARDS DEVELOPMENT

Section 325(d) of Pub. L. 104-106 provided that: ''The Administrator of the Environmental Protection Agency and the Secretary of Defense may, by mutual agreement, with or without reimbursement, provide for the use of information, reports, personnel, or other resources of the Environmental Protection Agency or the Department of Defense to carry out section 312(n) of the Federal Water Pollution Control Act (33 U.S.C. 1322(n)) (as added by subsection (b)), including the use of the resources - ''(1) to determine - ''(A) the nature and environmental effect of discharges incidental to the normal operation of a vessel of the Armed Forces; ''(B) the practicability of using marine pollution control devices on vessels of the Armed Forces; and ''(C) the effect that installation or use of marine pollution control devices on vessels of the Armed Forces would have on the operation or operational capability of the vessels; and ''(2) to establish performance standards for marine pollution control devices on vessels of the Armed Forces.''

CLEAN VESSELS

Pub. L. 102-587, title V, subtitle F, Nov. 4, 1992, 106 Stat. 5086, provided that: ''SEC. 5601. SHORT TITLE. ''This subtitle may be cited as the 'Clean Vessel Act of 1992'. ''SEC. 5602. FINDINGS; PURPOSE. ''(a) Findings. - The Congress finds the following: ''(1) The discharge of untreated sewage by vessels is prohibited under Federal law in all areas within the navigable waters of the United States. ''(2) The discharge of treated sewage by vessels is prohibited under either Federal or State law in many of the United States bodies of water where recreational boaters operate. ''(3) There is currently an inadequate number of pumpout stations for type III marine sanitation devices where recreational vessels normally operate. ''(4) Sewage discharged by recreational vessels because of an inadequate number of pumpout stations is a substantial contributor to localized degradation of water quality in the United States. ''(b) Purpose. - The purpose of this subtitle is to provide funds to States for the construction, renovation, operation, and maintenance of pumpout stations and waste reception facilities. ''SEC. 5603. DETERMINATION AND PLAN REGARDING STATE MARINE

SANITATION DEVICE PUMPOUT STATION NEEDS.

''(a) Survey. - Within 3 months after the notification under section 5605(b), each coastal State shall conduct a survey to determine - ''(1) the number and location of all operational pumpout stations and waste reception facilities at public and private marinas, mooring areas, docks, and other boating access facilities within the coastal zone of the State; and ''(2) the number of recreational vessels in the coastal waters of the State with type III marine sanitation devices or portable toilets, and the areas of those coastal waters where those vessels congregate. ''(b) Plan. - Within 6 months after the notification under section 5605(b), and based on the survey conducted under subsection (a), each coastal State shall - ''(1) develop and submit to the Secretary of the Interior a plan for any construction or renovation of pumpout stations and waste reception facilities that are necessary to ensure that, based on the guidance issued under section 5605(a), there are pumpout stations and waste reception facilities in the State that are adequate and reasonably available to meet the needs of recreational vessels using the coastal waters of the State; and ''(2) submit to the Secretary of the Interior with that plan a list of all stations and facilities in the coastal zone of the State which are operational on the date of submittal. ''(c) Plan Approval. - ''(1) In general. - Not later than 60 days after a plan is submitted by a State under subsection (b), the Secretary of the Interior shall approve or disapprove the plan, based on - ''(A) the adequacy of the survey conducted by the State under subsection (a); and ''(B) the ability of the plan, based on the guidance issued under section 5605(a), to meet the construction and renovation needs of the recreational vessels identified in the survey. ''(2) Notification of state; modification. - The Secretary of the Interior shall promptly notify the affected Governor of the approval or disapproval of a plan. If a plan is disapproved, the Secretary of the Interior shall recommend necessary modifications and return the plan to the affected Governor. ''(3) Resubmittal. - Not later than 60 days after receiving a plan returned by the Secretary of the Interior, the Governor shall make the appropriate changes and resubmit the plan. ''(d) Indication of Stations and Facilities on NOAA Charts. - ''(1) In general. - The Under Secretary of Commerce for Oceans and Atmosphere shall indicate, on charts published by the National Oceanic and Atmospheric Administration for the use of operators of recreational vessels, the locations of pumpout stations and waste reception facilities. ''(2) Notification of NOAA. - ''(A) Lists of stations and facilities. - The Secretary of the Interior shall transmit to the Under Secretary of Commerce for Oceans and Atmosphere each list of operational stations and facilities submitted by a State under subsection (b)(2), by not later than 30 days after the date of receipt of that list. ''(B) Completion of project. - The Director of the United States Fish and Wildlife Service shall notify the Under Secretary of the location of each station or facility at which a construction or renovation project is completed by a State with amounts made available under the Act of August 9, 1950 (16 U.S.C. 777a et seq. (16 U.S.C. 777 et seq.)), as amended by this subtitle, by not later than 30 days after the date of notification by a State of the completion of the project. ''SEC. 5604. FUNDING. ''(a) Transfer. - (Amended section 777c of Title 16, Conservation.) ''(b) Access Increase. - (Amended section 777g of Title 16, Conservation.) ''(c) Grant Program. - ''(1) Matching grants. - The Secretary of the Interior may obligate an amount not to exceed the amount made available under section 4(b)(2) of the Act of August 9, 1950 (16 U.S.C. 777c(b)(2), as amended by this Act), to make grants to - ''(A) coastal States to pay not more than 75 percent of the cost to a coastal State of - ''(i) conducting a survey under section 5603(a); ''(ii) developing and submitting a plan and accompanying list under section 5603(b); ''(iii) constructing and renovating pumpout stations and waste reception facilities; and ''(iv) conducting a program to educate recreational boaters about the problem of human body waste discharges from vessels and inform them of the location of pumpout stations and waste reception facilities. ''(B) inland States, which can demonstrate to the Secretary of the Interior that there are an inadequate number of pumpout stations and waste reception facilities to meet the needs of recreational vessels in the waters of that State, to pay 75 percent of the cost to that State of - ''(i) constructing and renovating pumpout stations and waste reception facilities in the inland State; and ''(ii) conducting a program to educate recreational boaters about the problem of human body waste discharges from vessels and inform them of the location of pumpout stations and waste reception facilities. ''(2) Priority. - In awarding grants under this subsection, the Secretary of the Interior shall give priority consideration to grant applications that - ''(A) in coastal States, propose constructing and renovating pumpout stations and waste reception facilities in accordance with a coastal State's plan approved under section 5603(c); ''(B) provide for public/private partnership efforts to develop and operate pumpout stations and waste receptions (sic) facilities; and ''(C) propose innovative ways to increase the availability and use of pumpout stations and waste reception facilities. ''(d) Disclaimer. - Nothing in this subtitle shall be interpreted to preclude a State from carrying out the provisions of this subtitle with funds other than those described in this section. ''SEC. 5605. GUIDANCE AND NOTIFICATION. ''(a) Issuance of Guidance. - Not later than 3 months after the date of the enactment of this subtitle (Nov. 4, 1992), the Secretary of the Interior shall, after consulting with the Administrator of the Environmental Protection Agency, the Under Secretary of Commerce for Oceans and Atmosphere, and the Commandant of the Coast Guard, issue for public comment pumpout station and waste reception facility guidance. The Secretary of the Interior shall finalize the guidance not later than 6 months after the date of enactment of this subtitle. The guidance shall include - ''(1) guidance regarding the types of pumpout stations and waste reception facilities that may be appropriate for construction, renovation, operation, or maintenance with amounts available under the Act of August 9, 1950 (16 U.S.C. 777a et seq. (16 U.S.C. 777 et seq.)), as amended by this subtitle, and appropriate location of the stations and facilities within a marina or boatyard; ''(2) guidance defining what constitutes adequate and reasonably available pumpout stations and waste reception facilities in boating areas; ''(3) guidance on appropriate methods for disposal of vessel sewage from pumpout stations and waste reception facilities; ''(4) guidance on appropriate connector fittings to facilitate the sanitary and expeditious discharge of sewage from vessels; ''(5) guidance on the waters most likely to be affected by the discharge of sewage from vessels; and ''(6) other information that is considered necessary to promote the establishment of pumpout facilities to reduce sewage discharges from vessels and to protect United States waters. ''(b) Notification. - Not later than one month after the guidance issued under subsection (a) is finalized, the Secretary of the Interior shall provide notification in writing to the fish and wildlife, water pollution control, and coastal zone management authorities of each State, of - ''(1) the availability of amounts under the Act of August 9, 1950 (16 U.S.C. 777a et seq. (16 U.S.C. 777 et seq.)) to implement the Clean Vessel Act of 1992; and ''(2) the guidance developed under subsection (a). ''SEC. 5606. EFFECT ON STATE FUNDING ELIGIBILITY. ''This subtitle shall not be construed or applied to jeopardize any funds available to a coastal State under the Act of August 9, 1950 (16 U.S.C. 777a et seq. (16 U.S.C. 777 et seq.)), if the coastal State is, in good faith, pursuing a survey and plan designed to meet the purposes of this subtitle. ''SEC. 5607. APPLICABILITY. ''The requirements of section 5603 shall not apply to a coastal State if within six months after the date of enactment of this subtitle (Nov. 4, 1992) the Secretary of the Interior certifies that - ''(1) the State has developed and is implementing a plan that will ensure that there will be pumpout stations and waste reception facilities adequate to meet the needs of recreational vessels in the coastal waters of the State; or ''(2) existing pumpout stations and waste reception facilities in the coastal waters of the State are adequate to meet those needs. ''SEC. 5608. DEFINITIONS. ''For the purposes of this subtitle the term: ''(1) 'coastal State' - ''(A) means a State of the United States in, or bordering on the Atlantic, Pacific, or Arctic Ocean; the Gulf of Mexico; Long Island Sound; or one or more of the Great Lakes; ''(B) includes Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa; and ''(C) does not include a State for which the ratio of the number of recreational vessels in the State numbered under chapter 123 of title 46, United States Code, to number of miles of shoreline (as that term is defined in section 926.2(d) of title 15, Code of Federal Regulations, as in effect on January 1, 1991), is less than one. ''(2) 'coastal waters' means - ''(A) in the Great Lakes area, the waters within the territorial jurisdiction of the United States consisting of the Great Lakes, their connecting waters, harbors, roadsteads, and estuary-type areas such as bays, shallows, and marshes; and ''(B) in other areas, those waters, adjacent to the shorelines, which contain a measurable percentage of sea water, including sounds, bay, lagoons, bayous, ponds, and estuaries. ''(3) 'coastal zone' has the same meaning that term has in section 304(1) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(1)); ''(4) 'inland State' means a State which is not a coastal state; ''(5) 'type III marine sanitation device' means any equipment for installation on board a vessel which is specifically designed to receive, retain, and discharge human body wastes; ''(6) 'pumpout station' means a facility that pumps or receives human body wastes out of type III marine sanitation devices installed on board vessels; ''(7) 'recreational vessel' means a vessel - ''(A) manufactured for operation, or operated, primarily for pleasure; or ''(B) leased, rented, or chartered to another for the latter's pleasure; and ''(8) 'waste reception facility' means a facility specifically designed to receive wastes from portable toilets carried on vessels, and does not include lavatories.''

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1254, 1362, 1402 of this title.