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.