33 U.S.C. § 1330
The Governor of any State may nominate to the Administrator an estuary lying in whole or in part within the State as an estuary of national significance and request a management conference to develop a comprehensive management plan for the estuary. The nomination shall document the need for the conference, the likelihood of success, and information relating to the factors in paragraph (2).
In any case where the Administrator determines, on his own initiative or upon nomination of a State under paragraph (1), that the attainment or maintenance of that water quality in an estuary which assures protection of public water supplies and the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife, and allows recreational activities, in and on the water, requires the control of point and nonpoint sources of pollution to supplement existing controls of pollution in more than one State, the Administrator shall select such estuary and convene a management conference.
The Administrator shall give priority consideration under this section to Long Island Sound, New York and Connecticut; Narragansett Bay, Rhode Island; Buzzards Bay, Massachusetts; Massachusetts Bay, Massachusetts (including Cape Cod Bay and Boston Harbor); Puget Sound, Washington; New York-New Jersey Harbor, New York and New Jersey; Delaware Bay, Delaware and New Jersey; Delaware Inland Bays, Delaware; Albemarle Sound, North Carolina; Sarasota Bay, Florida; San Francisco Bay, California; Santa Monica Bay, California; Galveston Bay, Texas; Barataria-Terrebonne Bay estuary complex, Louisiana; Indian River Lagoon, Florida; Lake Pontchartrain Basin, Louisiana and Mississippi; Peconic Bay, New York; Casco Bay, Maine; Tampa Bay, Florida; Coastal Bend, Texas; San Juan Bay, Puerto Rico; Tillamook Bay, Oregon; Piscataqua Region, New Hampshire; Barnegat Bay, New Jersey; Maryland Coastal Bays, Maryland; Charlotte Harbor, Florida; Mobile Bay, Alabama; Morro Bay, California; and Lower Columbia River, Oregon and Washington.
In any case in which a boundary between two States passes through an estuary and such boundary is disputed and is the subject of an action in any court, the Administrator shall not convene a management conference with respect to such estuary before a final adjudication has been made of such dispute.
The purposes of any management conference convened with respect to an estuary under this subsection shall be to-
For purposes of paragraph (7), such programs and projects shall not be limited to the assistance programs and 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 plan developed under this section.
The members of a management conference convened under this section shall include, at a minimum, the Administrator and representatives of-
In developing a conservation and management plan under this section, the management conference shall survey and utilize existing reports, data, and studies relating to the estuary that have been developed by or made available to Federal, interstate, State, and local agencies.
A management conference convened under this section shall be convened for a period not to exceed 5 years. Such conference may be extended by the Administrator, and if terminated after the initial period, may be reconvened by the Administrator at any time thereafter, as may be necessary to meet the requirements of this section.
Not later than 120 days after the completion of a conservation and management plan and after providing for public review and comment, the Administrator shall approve such plan if the plan meets the requirements of this section and the affected Governor or Governors concur.
Upon approval of a conservation and management plan under this section, such plan shall be implemented. Funds authorized to be appropriated under subchapters II and VI of this chapter and section 1329 of this title may be used in accordance with the applicable requirements of this chapter to assist States with the implementation of such plan.
The Administrator is authorized to make grants to State, interstate, and regional water pollution control agencies and entities, State coastal zone management agencies, interstate agencies, other public or nonprofit private agencies, institutions, organizations, and individuals.
Grants under this subsection shall be made to pay for activities necessary for the development and implementation of a comprehensive conservation and management plan under this section.
The Federal share of a grant to any person (including a State, interstate, or regional agency or entity) under this subsection for a fiscal year-
Using the amounts made available under subsection (i)(2)(B), the Administrator shall make competitive awards under this paragraph.
The Administrator shall solicit applications for awards under this paragraph from State, interstate, and regional water pollution control agencies and entities, State coastal zone management agencies, interstate agencies, other public or nonprofit private agencies, institutions, organizations, and individuals.
In selecting award recipients under this paragraph, the Administrator shall select recipients that are best able to address urgent, emerging, and challenging issues that threaten the ecological and economic well-being of the estuaries selected by the Administrator under subsection (a)(2), or that relate to the coastal resiliency of such estuaries. Such issues shall include-
Any person (including a State, interstate, or regional agency or entity) that receives a grant under subsection (g) shall report to the Administrator not later than 18 months after receipt of such grant and biennially thereafter on the progress being made under this section.
There is authorized to be appropriated to the Administrator $26,500,000 for each of fiscal years 2017 through 2021, and $50,000,000 for each of fiscal years 2022 through 2026, for-
Not less than 80 percent of the amount made available under this subsection for a fiscal year shall be used by the Administrator to provide grant assistance for the development, implementation, and monitoring of each of the conservation and management plans eligible for grant assistance under subsection (g)(2).
Not less than 15 percent of the amount made available under this subsection for a fiscal year shall be used by the Administrator for making competitive awards described in subsection (g)(4).
In order to determine the need to convene a management conference under this section or at the request of such a management conference, the Administrator shall coordinate and implement, through the National Marine Pollution Program Office and the National Marine Fisheries Service of the National Oceanic and Atmospheric Administration, as appropriate, for one or more estuarine zones-
The Administrator, in cooperation with the Administrator of the National Oceanic and Atmospheric Administration, shall submit to the Congress no less often than biennially a comprehensive report on the activities authorized under this subsection including-
For purposes of this section, the terms "estuary" and "estuarine zone" have the meanings such terms have in section 1254(n)(4) of this title, except that the term "estuarine zone" shall also include associated aquatic ecosystems and those portions of tributaries draining into the estuary up to the historic height of migration of anadromous fish or the historic head of tidal influence, whichever is higher.
33 U.S.C. § 1330
EDITORIAL NOTES
REFERENCES IN TEXTExecutive Order 12372, referred to in subsec. (b), is Ex. Ord. No. 12372, July 14, 1982, 47 F.R. 30959, as amended, which is set out under section 6506 of Title 31, Money and Finance.
AMENDMENTS2021-Subsec. (a)(2)(B). Pub. L. 116-337, §2, substituted "Peconic Bay, New York; Casco Bay, Maine; Tampa Bay, Florida; Coastal Bend, Texas; San Juan Bay, Puerto Rico; Tillamook Bay, Oregon; Piscataqua Region, New Hampshire; Barnegat Bay, New Jersey; Maryland Coastal Bays, Maryland; Charlotte Harbor, Florida; Mobile Bay, Alabama; Morro Bay, California; and Lower Columbia River, Oregon and Washington" for "and Peconic Bay, New York". Subsec. (b)(4). Pub. L. 116-337, §3, inserted dash after "management plan that" and subpar. (A) designation before "recommends" and added subpars. (B) and (C).Subsec. (c)(5). Pub. L. 116-337, §4, inserted "nonprofit organizations," after "educational institutions,". Subsec. (g)(4)(C). Pub. L. 116-337, §5(1), in introductory provisions, inserted ", emerging," after "urgent" and substituted "the estuaries selected by the Administrator under subsection (a)(2), or that relate to the coastal resiliency of such estuaries" for "coastal areas". Subsec. (g)(4)(C)(vi), (vii). Pub. L. 116-337, §5(2), added cls. (vi) and (vii). Former cls. (vi) and (vii) redesignated (viii) and (ix), respectively. Subsec. (g)(4)(C)(viii). Pub. L. 116-337, §5(2), (3), redesignated cl. (vi) as (viii) and inserted ", extreme weather," after "sea level rise".Subsec. (g)(4)(C)(ix). Pub. L. 116-337, §5(2), redesignated cl. (vii) as (ix).Subsec. (i)(1). Pub. L. 116-337, §6, inserted ", and $50,000,000 for each of fiscal years 2022 through 2026," after "2021". 2016-Subsec. (g)(4). Pub. L. 114-162, §1, added par. (4).Subsec. (i). Pub. L. 114-162, §2, added subsec. (i) and struck out former subsec. (i) which related to authorization of appropriations for fiscal years 2001 through 2010. 2004-Subsec. (i). Pub. L. 108-399 substituted "2010" for "2005" in introductory provisions.2002-Subsec. (k). Pub. L. 107-303 repealed Pub. L. 105-362, §501(a)(2). See 1998 Amendment note below. 2000-Subsec. (a)(2)(B). Pub. L. 106-457, §301, inserted "Lake Pontchartrain Basin, Louisiana and Mississippi;" before "and Peconic Bay, New York." Subsec. (g)(2), (3). Pub. L. 106-457, §302, added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows:"(2) PURPOSES.-Grants under this subsection shall be made to pay for assisting research, surveys, studies, and modeling and other technical work necessary for the development of a conservation and management plan under this section."(3) FEDERAL SHARE.-The amount of grants to any person (including a State, interstate, or regional agency or entity) under this subsection for a fiscal year shall not exceed 75 percent of the costs of such research, survey, studies, and work and shall be made on condition that the non-Federal share of such costs are provided from non-Federal sources."Subsec. (i). Pub. L. 106-457, §303, substituted "$35,000,000 for each of fiscal years 2001 through 2005" for "$12,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991".1998-Subsec. (k). Pub. L. 105-362, §501(a)(2), which directed the substitution of "section 1254(n)(3)" for "section 1254(n)(4)", was repealed by Pub. L. 107-303. See Effective Date of 2002 Amendment note below. 1988-Subsec. (a)(2)(B). Pub. L. 100-653, §1004, and Pub. L. 100-688, §2001(1), made identical amendments, inserting "Massachusetts Bay, Massachusetts (including Cape Cod Bay and Boston Harbor);" after "Buzzards Bay, Massachusetts;". Pub. L. 100-688, §2001(2), substituted "California; Galveston" for "California; and Galveston". Pub. L. 100-688, §2001(3), which directed insertion of "; Barataria-Terrebonne Bay estuary complex, Louisiana; Indian River Lagoon, Florida; and Peconic Bay, New York" after "Galveston Bay, Texas;" was executed by making insertion after "Galveston Bay, Texas" as probable intent of Congress. 1987-Subsec. (a)(2)(B). Pub. L. 100-202 inserted "Santa Monica Bay, California;".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-303 effective Nov. 10, 1998, and Federal Water Pollution Act ( 33 U.S.C. 1251 et seq.) to be applied and administered on and after Nov. 27, 2002, as if amendments made by section 501(a)-(d) of Pub. L. 105-362 had not been enacted, see section 302(b) of Pub. L. 107-303 set out as a note under section 1254 of this title.
MASSACHUSETTS BAY PROTECTION; DEFINITION; FINDINGS AND PURPOSE; FUNDING SOURCESPub. L. 100-653, title X, §§1002, 1003, 1005, Nov. 14, 1988, 102 Stat. 3835, 3836, provided that:
"SEC. 1002. DEFINITION."For purposes of this title [amending section 1330 of this title and enacting provisions set out as notes under sections 1251 and 1330 of this title], the term 'Massachusetts Bay' includes Massachusetts Bay, Cape Cod Bay, and Boston Harbor, consisting of an area extending from Cape Ann, Massachusetts south to the northern reach of Cape Cod, Massachusetts.
"SEC. 1003. FINDINGS AND PURPOSE."(a) FINDINGS.-The Congress finds and declares that- "(1) Massachusetts Bay comprises a single major estuarine and oceanographic system extending from Cape Ann, Massachusetts south to the northern reaches of Cape Cod, encompassing Boston Harbor, Massachusetts Bay, and Cape Cod Bay; "(2) several major riverine systems, including the Charles, Neponset, and Mystic Rivers, drain the watersheds of eastern Massachusetts into the Bay;"(3) the shorelines of Massachusetts Bay, first occupied in the middle 1600's, are home to over 4 million people and support a thriving industrial and recreational economy;"(4) Massachusetts Bay supports important commercial fisheries, including lobsters, finfish, and shellfisheries, and is home to or frequented by several endangered species and marine mammals; "(5) Massachusetts Bay also constitutes an important recreational resource, providing fishing, swimming, and boating opportunities to the region;"(6) rapidly expanding coastal populations and pollution pose increasing threats to the long-term health and integrity of Massachusetts Bay;"(7) while the cleanup of Boston Harbor will contribute significantly to improving the overall environmental quality of Massachusetts Bay, expanded efforts encompassing the entire ecosystem will be necessary to ensure its long-term health; "(8) the concerted efforts of all levels of Government, the private sector, and the public at large will be necessary to protect and enhance the environmental integrity of Massachusetts Bay; and"(9) the designation of Massachusetts Bay as an Estuary of National Significance and the development of a comprehensive plan for protecting and restoring the Bay may contribute significantly to its long-term health and environmental integrity. "(b) PURPOSE.-The purpose of this title is to protect and enhance the environmental quality of Massachusetts Bay by providing for its designation as an Estuary of National Significance and by providing for the preparation of a comprehensive restoration plan for the Bay.
"SEC. 1005. FUNDING SOURCES."Within one year of enactment [Nov. 14, 1988], the Administrator of the United States Environmental Protection Agency and the Governor of Massachusetts shall undertake to identify and make available sources of funding to support activities pertaining to Massachusetts Bay undertaken pursuant to or authorized by section 320 of the Clean Water Act [ 33 U.S.C. 1330 ], and shall make every effort to coordinate existing research, monitoring or control efforts with such activities."
PURPOSES AND POLICIES OF NATIONAL ESTUARY PROGRAMPub. L. 100-4, title III, §317(a), Feb. 4, 1987, 101 Stat. 61, provided that:"(1) FINDINGS.-Congress finds and declares that-"(A) the Nation's estuaries are of great importance for fish and wildlife resources and recreation and economic opportunity;"(B) maintaining the health and ecological integrity of these estuaries is in the national interest; "(C) increasing coastal population, development, and other direct and indirect uses of these estuaries threaten their health and ecological integrity;"(D) long-term planning and management will contribute to the continued productivity of these areas, and will maximize their utility to the Nation; and"(E) better coordination among Federal and State programs affecting estuaries will increase the effectiveness and efficiency of the national effort to protect, preserve, and restore these areas."(2) PURPOSES.-The purposes of this section [enacting this section] are to-"(A) identify nationally significant estuaries that are threatened by pollution, development, or overuse;"(B) promote comprehensive planning for, and conservation and management of, nationally significant estuaries; "(C) encourage the preparation of management plans for estuaries of national significance; and"(D) enhance the coordination of estuarine research."
- State
- The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.
- person
- The term "person" means an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body.
- pollutant
- The term "pollutant" means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. This term does not mean (A) "sewage from vessels or a discharge incidental to the normal operation of a vessel of the Armed Forces" within the meaning of section 1322 of this title; or (B) water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the State in which the well is located, and if such State determines that such injection or disposal will not result in the degradation of ground or surface water resources.
- pollution
- The term "pollution" means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.