- United States Code
- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
- CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
- SUBCHAPTER III - STANDARDS AND ENFORCEMENT
Sec. 1329. Nonpoint source management programs
- (a)
State assessment reports
- (1)
Contents
The Governor of each State shall, after notice and opportunity
for public comment, prepare and submit to the Administrator for
approval, a report which -
- (A)
identifies those navigable waters within the State which,
without additional action to control nonpoint sources of
pollution, cannot reasonably be expected to attain or maintain
applicable water quality standards or the goals and
requirements of this chapter;
- (B)
identifies those categories and subcategories of nonpoint
sources or, where appropriate, particular nonpoint sources
which add significant pollution to each portion of the
navigable waters identified under subparagraph (A) in amounts
which contribute to such portion not meeting such water quality
standards or such goals and requirements;
- (C)
describes the process, including intergovernmental
coordination and public participation, for identifying best
management practices and measures to control each category and
subcategory of nonpoint sources and, where appropriate,
particular nonpoint sources identified under subparagraph (B)
and to reduce, to the maximum extent practicable, the level of
pollution resulting from such category, subcategory, or source;
and
- (D)
identifies and describes State and local programs for
controlling pollution added from nonpoint sources to, and
improving the quality of, each such portion of the navigable
waters, including but not limited to those programs which are
receiving Federal assistance under subsections (h) and (i) of
this section.
- (2)
Information used in preparation
In developing the report required by this section, the State
- (A)
may rely upon information developed pursuant to sections
1288, 1313(e), 1314(f), 1315(b), and 1324 of this title, and
other information as appropriate, and (B) may utilize appropriate
elements of the waste treatment management plans developed
pursuant to sections 1288(b) and 1313 of this title, to the
extent such elements are consistent with and fulfill the
requirements of this section.
- (b)
State management programs
- (1)
In general
The Governor of each State, for that State or in combination
with adjacent States, shall, after notice and opportunity for
public comment, prepare and submit to the Administrator for
approval a management program which such State proposes to
implement in the first four fiscal years beginning after the date
of submission of such management program for controlling
pollution added from nonpoint sources to the navigable waters
within the State and improving the quality of such waters.
- (2)
Specific contents
Each management program proposed for implementation under this
subsection shall include each of the following:
- (A)
An identification of the best management practices and
measures which will be undertaken to reduce pollutant loadings
resulting from each category, subcategory, or particular
nonpoint source designated under paragraph (1)(B), taking into
account the impact of the practice on ground water quality.
- (B)
An identification of programs (including, as appropriate,
nonregulatory or regulatory programs for enforcement, technical
assistance, financial assistance, education, training,
technology transfer, and demonstration projects) to achieve
implementation of the best management practices by the
categories, subcategories, and particular nonpoint sources
designated under subparagraph (A).
- (C)
A schedule containing annual milestones for (i)
utilization of the program implementation methods identified in
subparagraph (B), and (ii) implementation of the best
management practices identified in subparagraph (A) by the
categories, subcategories, or particular nonpoint sources
designated under paragraph (1)(B). Such schedule shall provide
for utilization of the best management practices at the
earliest practicable date.
- (D)
A certification of the attorney general of the State or
States (or the chief attorney of any State water pollution
control agency which has independent legal counsel) that the
laws of the State or States, as the case may be, provide
adequate authority to implement such management program or, if
there is not such adequate authority, a list of such additional
authorities as will be necessary to implement such management
program. A schedule and commitment by the State or States to
seek such additional authorities as expeditiously as
practicable.
- (E)
Sources of Federal and other assistance and funding
(other than assistance provided under subsections (h) and (i)
of this section) which will be available in each of such fiscal
years for supporting implementation of such practices and
measures and the purposes for which such assistance will be
used in each of such fiscal years.
- (F)
An identification of Federal financial assistance
programs and Federal development projects for which the State
will review individual assistance applications or development
projects for their effect on water quality pursuant to the
procedures set forth in Executive Order 12372 as in effect on
September 17, 1983, to determine whether such assistance
applications or development projects would be consistent with
the program prepared under this subsection; for the purposes of
this subparagraph, identification shall not be limited to the
assistance programs or development projects subject to
Executive Order 12372 but may include any programs listed in
the most recent Catalog of Federal Domestic Assistance which
may have an effect on the purposes and objectives of the
State's nonpoint source pollution management program.
- (3)
Utilization of local and private experts
In developing and implementing a management program under this
subsection, a State shall, to the maximum extent practicable,
involve local public and private agencies and organizations which
have expertise in control of nonpoint sources of pollution.
- (4)
Development on watershed basis
A State shall, to the maximum extent practicable, develop and
implement a management program under this subsection on a
watershed-by-watershed basis within such State.
- (c)
Administrative provisions
- (1)
Cooperation requirement
Any report required by subsection (a) of this section and any
management program and report required by subsection (b) of this
section shall be developed in cooperation with local, substate
regional, and interstate entities which are actively planning for
the implementation of nonpoint source pollution controls and have
either been certified by the Administrator in accordance with
section 1288 of this title, have worked jointly with the State on
water quality management planning under section 1285(j) of this
title, or have been designated by the State legislative body or
Governor as water quality management planning agencies for their
geographic areas.
- (2)
Time period for submission of reports and management programs
Each report and management program shall be submitted to the
Administrator during the 18-month period beginning on February 4,
1987.
- (d)
Approval or disapproval of reports and management programs
- (1)
Deadline
Subject to paragraph (2), not later than 180 days after the
date of submission to the Administrator of any report or
management program under this section (other than subsections
(h), (i), and (k) of this section), the Administrator shall
either approve or disapprove such report or management program,
as the case may be. The Administrator may approve a portion of a
management program under this subsection. If the Administrator
does not disapprove a report, management program, or portion of a
management program in such 180-day period, such report,
management program, or portion shall be deemed approved for
purposes of this section.
- (2)
Procedure for disapproval
If, after notice and opportunity for public comment and
consultation with appropriate Federal and State agencies and
other interested persons, the Administrator determines that -
- (A)
the proposed management program or any portion thereof
does not meet the requirements of subsection (b)(2) of this
section or is not likely to satisfy, in whole or in part, the
goals and requirements of this chapter;
- (B)
adequate authority does not exist, or adequate resources
are not available, to implement such program or portion;
- (C)
the schedule for implementing such program or portion is
not sufficiently expeditious; or
- (D)
the practices and measures proposed in such program or
portion are not adequate to reduce the level of pollution in
navigable waters in the State resulting from nonpoint sources
and to improve the quality of navigable waters in the State;
the Administrator shall within 6 months of the receipt of the
proposed program notify the State of any revisions or
modifications necessary to obtain approval. The State shall
thereupon have an additional 3 months to submit its revised
management program and the Administrator shall approve or
disapprove such revised program within three months of receipt.
- (3)
Failure of State to submit report
If a Governor of a State does not submit the report required by
subsection (a) of this section within the period specified by
subsection (c)(2) of this section, the Administrator shall,
within 30 months after February 4, 1987, prepare a report for
such State which makes the identifications required by paragraphs
(1)(A) and (1)(B) of subsection (a) of this section. Upon
completion of the requirement of the preceding sentence and after
notice and opportunity for comment, the Administrator shall
report to Congress on his actions pursuant to this section.
- (e)
Local management programs; technical assistance
If a State fails to submit a management program under subsection
(b) of this section or the Administrator does not approve such a
management program, a local public agency or organization which has
expertise in, and authority to, control water pollution resulting
from nonpoint sources in any area of such State which the
Administrator determines is of sufficient geographic size may, with
approval of such State, request the Administrator to provide, and
the Administrator shall provide, technical assistance to such
agency or organization in developing for such area a management
program which is described in subsection (b) of this section and
can be approved pursuant to subsection (d) of this section. After
development of such management program, such agency or organization
shall submit such management program to the Administrator for
approval. If the Administrator approves such management program,
such agency or organization shall be eligible to receive financial
assistance under subsection (h) of this section for implementation
of such management program as if such agency or organization were a
State for which a report submitted under subsection (a) of this
section and a management program submitted under subsection (b) of
this section were approved under this section. Such financial
assistance shall be subject to the same terms and conditions as
assistance provided to a State under subsection (h) of this
section.
- (f)
Technical assistance for States
Upon request of a State, the Administrator may provide technical
assistance to such State in developing a management program
approved under subsection (b) of this section for those portions of
the navigable waters requested by such State.
- (g)
Interstate management conference
- (1)
Convening of conference; notification; purpose
If any portion of the navigable waters in any State which is
implementing a management program approved under this section is
not meeting applicable water quality standards or the goals and
requirements of this chapter as a result, in whole or in part, of
pollution from nonpoint sources in another State, such State may
petition the Administrator to convene, and the Administrator
shall convene, a management conference of all States which
contribute significant pollution resulting from nonpoint sources
to such portion. If, on the basis of information available, the
Administrator determines that a State is not meeting applicable
water quality standards or the goals and requirements of this
chapter as a result, in whole or in part, of significant
pollution from nonpoint sources in another State, the
Administrator shall notify such States. The Administrator may
convene a management conference under this paragraph not later
than 180 days after giving such notification, whether or not the
State which is not meeting such standards requests such
conference. The purpose of such conference shall be to develop
an agreement among such States to reduce the level of pollution
in such portion resulting from nonpoint sources and to improve
the water quality of such portion. Nothing in such agreement
shall supersede or abrogate rights to quantities of water which
have been established by interstate water compacts, Supreme Court
decrees, or State water laws. This subsection shall not apply to
any pollution which is subject to the Colorado River Basin
Salinity Control Act (43 U.S.C. 1571 et seq.). The requirement
that the Administrator convene a management conference shall not
be subject to the provisions of section 1365 of this title.
- (2)
State management program requirement
To the extent that the States reach agreement through such
conference, the management programs of the States which are
parties to such agreements and which contribute significant
pollution to the navigable waters or portions thereof not meeting
applicable water quality standards or goals and requirements of
this chapter will be revised to reflect such agreement. Such
management programs shall be consistent with Federal and State
law.
- (h)
Grant program
- (1)
Grants for implementation of management programs
Upon application of a State for which a report submitted under
subsection (a) of this section and a management program submitted
under subsection (b) of this section is approved under this
section, the Administrator shall make grants, subject to such
terms and conditions as the Administrator considers appropriate,
under this subsection to such State for the purpose of assisting
the State in implementing such management program. Funds
reserved pursuant to section 1285(j)(5) of this title may be used
to develop and implement such management program.
- (2)
Applications
An application for a grant under this subsection in any fiscal
year shall be in such form and shall contain such other
information as the Administrator may require, including an
identification and description of the best management practices
and measures which the State proposes to assist, encourage, or
require in such year with the Federal assistance to be provided
under the grant.
- (3)
Federal share
The Federal share of the cost of each management program
implemented with Federal assistance under this subsection in any
fiscal year shall not exceed 60 percent of the cost incurred by
the State in implementing such management program and shall be
made on condition that the non-Federal share is provided from
non-Federal sources.
- (4)
Limitation on grant amounts
Notwithstanding any other provision of this subsection, not
more than 15 percent of the amount appropriated to carry out this
subsection may be used to make grants to any one State, including
any grants to any local public agency or organization with
authority to control pollution from nonpoint sources in any area
of such State.
- (5)
Priority for effective mechanisms
For each fiscal year beginning after September 30, 1987, the
Administrator may give priority in making grants under this
subsection, and shall give consideration in determining the
Federal share of any such grant, to States which have implemented
or are proposing to implement management programs which will -
- (A)
control particularly difficult or serious nonpoint source
pollution problems, including, but not limited to, problems
resulting from mining activities;
- (B)
implement innovative methods or practices for controlling
nonpoint sources of pollution, including regulatory programs
where the Administrator deems appropriate;
- (C)
control interstate nonpoint source pollution problems; or
- (D)
carry out ground water quality protection activities
which the Administrator determines are part of a comprehensive
nonpoint source pollution control program, including research,
planning, ground water assessments, demonstration programs,
enforcement, technical assistance, education, and training to
protect ground water quality from nonpoint sources of
pollution.
- (6)
Availability for obligation
The funds granted to each State pursuant to this subsection in
a fiscal year shall remain available for obligation by such State
for the fiscal year for which appropriated. The amount of any
such funds not obligated by the end of such fiscal year shall be
available to the Administrator for granting to other States under
this subsection in the next fiscal year.
- (7)
Limitation on use of funds
States may use funds from grants made pursuant to this section
for financial assistance to persons only to the extent that such
assistance is related to the costs of demonstration projects.
- (8)
Satisfactory progress
No grant may be made under this subsection in any fiscal year
to a State which in the preceding fiscal year received a grant
under this subsection unless the Administrator determines that
such State made satisfactory progress in such preceding fiscal
year in meeting the schedule specified by such State under
subsection (b)(2) of this section.
- (9)
Maintenance of effort
No grant may be made to a State under this subsection in any
fiscal year unless such State enters into such agreements with
the Administrator as the Administrator may require to ensure that
such State will maintain its aggregate expenditures from all
other sources for programs for controlling pollution added to the
navigable waters in such State from nonpoint sources and
improving the quality of such waters at or above the average
level of such expenditures in its two fiscal years preceding
February 4, 1987.
- (10)
Request for information
The Administrator may request such information, data, and
reports as he considers necessary to make the determination of
continuing eligibility for grants under this section.
- (11)
Reporting and other requirements
Each State shall report to the Administrator on an annual basis
concerning (A) its progress in meeting the schedule of milestones
submitted pursuant to subsection (b)(2)(C) of this section, and
- (B)
to the extent that appropriate information is available,
reductions in nonpoint source pollutant loading and improvements
in water quality for those navigable waters or watersheds within
the State which were identified pursuant to subsection (a)(1)(A)
of this section resulting from implementation of the management
program.
- (12)
Limitation on administrative costs
For purposes of this subsection, administrative costs in the
form of salaries, overhead, or indirect costs for services
provided and charged against activities and programs carried out
with a grant under this subsection shall not exceed in any fiscal
year 10 percent of the amount of the grant in such year, except
that costs of implementing enforcement and regulatory activities,
education, training, technical assistance, demonstration
projects, and technology transfer programs shall not be subject
to this limitation.
- (i)
Grants for protecting groundwater quality
- (1)
Eligible applicants and activities
Upon application of a State for which a report submitted under
subsection (a) of this section and a plan submitted under
subsection (b) of this section is approved under this section,
the Administrator shall make grants under this subsection to such
State for the purpose of assisting such State in carrying out
groundwater quality protection activities which the Administrator
determines will advance the State toward implementation of a
comprehensive nonpoint source pollution control program. Such
activities shall include, but not be limited to, research,
planning, groundwater assessments, demonstration programs,
enforcement, technical assistance, education and training to
protect the quality of groundwater and to prevent contamination
of groundwater from nonpoint sources of pollution.
- (2)
Applications
An application for a grant under this subsection shall be in
such form and shall contain such information as the Administrator
may require.
- (3)
Federal share; maximum amount
The Federal share of the cost of assisting a State in carrying
out groundwater protection activities in any fiscal year under
this subsection shall be 50 percent of the costs incurred by the
State in carrying out such activities, except that the maximum
amount of Federal assistance which any State may receive under
this subsection in any fiscal year shall not exceed $150,000.
- (4)
Report
The Administrator shall include in each report transmitted
under subsection (m) of this section a report on the activities
and programs implemented under this subsection during the
preceding fiscal year.
- (j)
Authorization of appropriations
There is authorized to be appropriated to carry out subsections
(h) and (i) of this section not to exceed $70,000,000 for fiscal
year 1988, $100,000,000 per fiscal year for each of fiscal years
1989 and 1990, and $130,000,000 for fiscal year 1991; except that
for each of such fiscal years not to exceed $7,500,000 may be made
available to carry out subsection (i) of this section. Sums
appropriated pursuant to this subsection shall remain available
until expended.
- (k)
Consistency of other programs and projects with management
programs
The Administrator shall transmit to the Office of Management and
Budget and the appropriate Federal departments and agencies a list
of those assistance programs and development projects identified by
each State under subsection (b)(2)(F) of this section for which
individual assistance applications and projects will be reviewed
pursuant to the procedures set forth in Executive Order 12372 as in
effect on September 17, 1983. Beginning not later than sixty days
after receiving notification by the Administrator, each Federal
department and agency shall modify existing regulations to allow
States to review individual development projects and assistance
applications under the identified Federal assistance programs and
shall accommodate, according to the requirements and definitions of
Executive Order 12372, as in effect on September 17, 1983, the
concerns of the State regarding the consistency of such
applications or projects with the State nonpoint source pollution
management program.
- (l)
Collection of information
The Administrator shall collect and make available, through
publications and other appropriate means, information pertaining to
management practices and implementation methods, including, but not
limited to, (1) information concerning the costs and relative
efficiencies of best management practices for reducing nonpoint
source pollution; and (2) available data concerning the
relationship between water quality and implementation of various
management practices to control nonpoint sources of pollution.
- (m)
Reports of Administrator
- (1)
Annual reports
Not later than January 1, 1988, and each January 1 thereafter,
the Administrator shall transmit to the Committee on Public Works
and Transportation of the House of Representatives and the
Committee on Environment and Public Works of the Senate, a report
for the preceding fiscal year on the activities and programs
implemented under this section and the progress made in reducing
pollution in the navigable waters resulting from nonpoint sources
and improving the quality of such waters.
- (2)
Final report
Not later than January 1, 1990, the Administrator shall
transmit to Congress a final report on the activities carried out
under this section. Such report, at a minimum, shall -
- (A)
describe the management programs being implemented by the
States by types and amount of affected navigable waters,
categories and subcategories of nonpoint sources, and types of
best management practices being implemented;
- (B)
describe the experiences of the States in adhering to
schedules and implementing best management practices;
- (C)
describe the amount and purpose of grants awarded
pursuant to subsections (h) and (i) of this section;
- (D)
identify, to the extent that information is available,
the progress made in reducing pollutant loads and improving
water quality in the navigable waters;
- (E)
indicate what further actions need to be taken to attain
and maintain in those navigable waters (i) applicable water
quality standards, and (ii) the goals and requirements of this
chapter;
- (F)
include recommendations of the Administrator concerning
future programs (including enforcement programs) for
controlling pollution from nonpoint sources; and
- (G)
identify the activities and programs of departments,
agencies, and instrumentalities of the United States which are
inconsistent with the management programs submitted by the
States and recommend modifications so that such activities and
programs are consistent with and assist the States in
implementation of such management programs.
- (n)
Set aside for administrative personnel
Not less than 5 percent of the funds appropriated pursuant to
subsection (j) of this section for any fiscal year shall be
available to the Administrator to maintain personnel levels at the
Environmental Protection Agency at levels which are adequate to
carry out this section in such year.
