- United States Code
- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
- CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
- SUBCHAPTER V - GENERAL PROVISIONS
Sec. 1371. Authority under other laws and regulations
- (a)
Impairment of authority or functions of officials and agencies;
treaty provisions
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 navigable waters
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)
Action of the Administrator deemed major Federal action;
construction of the National Environmental Policy Act of 1969
- (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)
Consideration of international water pollution control
agreements
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.
