(e) Inflation adjustment of dollar amount The $100 amount set forth in subsection (c) of this section shall be adjusted annually by the Secretary for changes in the Consumer Price Index of All Urban Consumers published by the Bureau of Labor Statistics. (f) Non-Federal responsibilities Nothing in this section shall be construed as affecting the responsibility of non-Federal interests to provide operation and maintenance costs assigned to water supply storage provided under this section. (g) "Low income community" defined The term "low income community" means a community with a population of less than 20,000 which is located in a county with a per capita income less than the per capita income of two-thirds of the counties in the United States. (Pub. L. 101-640, title III, § 322, Nov. 28, 1990, 104 Stat. 4643.) CODIFICATION Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. "SECRETARY" DEFINED Secretary means the Secretary of the Army, see section 2 of Pub. L. 101-640, set out as a note under section 2201 of this title. § 2325. Voluntary contributions for environmental and recreation projects (a) Acceptance In connection with carrying out a water resources project for environmental protection and restoration or a water resources project for recreation, the Secretary is authorized to accept contributions of cash, funds, materials, and services from persons, including governmental entities but excluding the project spon sor. (b) Deposit Any cash or funds received by the Secretary under subsection (a) of this section shall be deposited into the account in the Treasury of the United States entitled "Contributions and Advances, Rivers and Harbors, Corps of Engineers (8662)" and shall be available until expended to carry out water resources projects described in subsection (a) of this section. (Pub. L. 102-580, title II, § 203, Oct. 31, 1992, 106 Stat. 4826.) CODIFICATION Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. "SECRETARY" DEFINED Secretary means the Secretary of the Army, see section 3 of Pub. L. 102-580, set out as a note under section 2201 of this title. § 2326. Beneficial uses of dredged material (a) In general The Secretary is authorized to carry out projects for the protection, restoration, and creation of aquatic and ecologically related habitats, including wetlands, in connection with dredging for construction, operation, or maintenance by the Secretary of an authorized navigation project. (b) Secretarial findings Subject to subsection (c) of this section, projects for the protection, restoration, or creation of aquatic and ecologically related habitats may be undertaken in any case where the Secretary finds that (1) the environmental, economic, and social benefits of the project, both monetary and nonmonetary, justify the cost thereof; and (2) the project would not result in environmental degradation. (c) Cooperative agreement Any project undertaken pursuant to this section shall be initiated only after non-Federal interests have entered into a cooperative agreement in accordance with the requirements of section 1962d-5b of title 42 in which the nonFederal interests agree to (1) provide 25 percent of the cost associated with construction of the project for the protection, restoration, and creation of aquatic and ecologically related habitats, including provision of all lands, easements, rights-ofway, and necessary relocations; and (2) pay 100 percent of the operation, maintenance, replacement, and rehabilitation costs associated with the project for the protection, restoration, and creation of aquatic and ecologically related habitats. (d) Determination of construction costs Costs associated with construction of a project for the protection, restoration, and creation of aquatic and ecologically related habitats shall be limited solely to construction costs which are in excess of those costs necessary to carry out the dredging for construction, operation, or maintenance of the authorized navigation project in the most cost effective way, consistent with economic, engineering, and environmental criteria. (e) Authorization of appropriations There is authorized to be appropriated not to exceed $15,000,000 annually to carry out this section. Such sums shall remain available until expended. (Pub. L. 102-580, title II, § 204, Oct. 31, 1992, 106 Stat. 4826.) CODIFICATION Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. "SECRETARY" DEFINED Secretary means the Secretary of the Army, see section 3 of Pub. L. 102-580, set out as a note under section 2201 of this title. § 2327. Definition of rehabilitation for inland waterway projects For purposes of laws relating to navigation on inland and intracoastal waterways of the United States, the term "rehabilitation" means (1) major project feature restoration- (B) which will significantly extend the physical life of the feature; (C) which is economically justified by a benefit-cost analysis; (D) which will take at least 2 years to complete; and (E)(i) which is initially funded before October 1, 1994, and will require at least $5,000,000 in capital outlays; or (ii) which is initially funded on or after such date and will require at least $8,000,000 in capital outlays; and (2) structural modification of a major project component (not exhibiting reliability problems)- (A) which will enhance the operational efficiency of such component or any other major component of the project by increasing benefits beyond the original project design; and (B) which will require at least $1,000,000 in capital outlays. Such term does not include routine or deferred maintenance. The dollar amounts referred to in paragraphs (1) and (2) shall be adjusted annually according to the economic assumption published each year as guidance in the Annual Program and Budget Request for Civil Works Activities of the Corps of Engineers. (Pub. L. 102-580, title II, § 205, Oct. 31, 1992, 106 Stat. 4827.) CODIFICATION Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. § 2328. Challenge cost-sharing program for management of recreation facilities (a) In general The Secretary is authorized to develop and implement a program to share the cost of managing recreation facilities and natural resources at water resource development projects under the Secretary's jurisdiction. (b) Cooperative agreements To implement the program under this section, the Secretary is authorized to enter into cooperative agreements with non-Federal public and private entities to provide for operation and management of recreation facilities and natural resources at civil works projects under the Secretary's jurisdiction where such facilities and resources are being maintained at complete Federal expense. (c) Contributions For purposes of carrying out this section the Secretary may accept contributions of funds, materials, and services from non-Federal public and private entities. Any funds received by the Secretary under this section shall be deposited into the account in the Treasury of the United States entitled "Contributions and Advances, Rivers and Harbors, Corps of Engineers (8662)" and shall be available until expended to carry out the purposes of this section. (Pub. L. 102-580, title II, § 225, Oct. 31, 1992, 106 Stat. 4838.) CODIFICATION Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. "SECRETARY" DEFINED Secretary means the Secretary of the Army, see section 3 of Pub. L. 102-580, set out as a note under section 2201 of this title. § 2329. International outreach program (a) In general The Secretary is authorized to engage in activities to inform the United States maritime industry and port authorities of technological innovations abroad that could significantly improve waterborne transportation in the United States, both inland and deep draft. Such activities may include (1) development, monitoring, assessment, and dissemination of information about foreign water transportation and port facilities that could significantly improve water transportation in the United States; (2) research, development, training, and other forms of technology transfer and exchange; and (3) offering technical services which cannot be readily obtained in the private sector to be incorporated in the proposals of port authorities or other water transportation developers if the costs for assistance will be recovered under the terms of each project. (b) Cooperation The Secretary may carry out the provisions of this section in cooperation with Federal departments and agencies, State and local agencies, authorities, institutions, corporations (profit or nonprofit), foreign governments, or other organizations. (c) Funding The funds to carry out the provisions of this section shall include funds deposited in a special account with the Secretary of the Treasury for such purposes by any cooperating entity or organization according to cost-sharing agreements proscribed by the Secretary. Reimbursement for services provided under this section shall be credited to the appropriation concerned. (Pub. L. 102-580, title IV, § 401, Oct. 31, 1992, 106 Stat. 4862.) CODIFICATION Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water EFFECTIVE DATE; USE OF EXISTING STOCKS Section 12 of Pub. L. 100-333 provided that: "(a) IN GENERAL.-Except as provided in subsection (b), this Act [enacting this chapter] shall take effect on the date of its enactment [June 16, 1988]. "(b) TERMINATION OF INTERIM PROHIBITION.-Section 5(a) [section 2404(a) of this title] shall remain in effect until a final decision regarding the release of organotin into the aquatic environment by antifouling paints, pursuant to the process initiated by the Administrator's Position Document 1 dated January 8, 1986 "(1) is issued by the Administrator; and "(2) takes effect. "(c) FINAL DECISION DEFINED.-For purposes of subsection (b), a final decision shall be considered to have taken effect upon the date of the expiration of the time for making any appeal with respect to such decision or, in the case of any such appeal, the resolution of such appeal. "(d) USE OF EXISTING STOCKS.-Notwithstanding the prohibitions contained in sections 4 and 5 [sections 2403 and 2404 of this title], the Administrator, not later than 90 days after the date of the enactment of this Act [June 16, 1988], shall provide reasonable times "(1) not to exceed 180 days after the date of the enactment of this Act, for the continued sale, delivery, purchase, and receipt of any antifouling paints containing organotin and organotin additives that exist before the date of the enactment of this Act; and "(2) not to exceed one year after the date of the enactment of this Act, for the application of any antifouling paints containing organotin and organotin additives that exist before the date of the enactment of this Act." The Congress finds the following: (1) Antifouling paints containing organotin biocides are used to prevent the build-up of barnacles and other encrusting organisms on vessels. (2) Laboratory and field studies show that organotin is very toxic to marine and freshwater organisms at very low levels. (3) Vessels that are less than 25 meters in length and are coated with organotin antifouling paint account for a large amount of the organotin released into the aquatic environment. (4) The Environmental Protection Agency has determined that concentrations of organotin currently in the waters of the United States may pose unreasonable risks to oysters, clams, fish, and other aquatic life. (b) Purpose The purpose of this chapter is to protect the aquatic environment by reducing immediately the quantities of organotin entering the waters of the United States. (Pub. L. 100-333, § 2, June 16, 1988, 102 Stat. 605.) SHORT TITLE Section 1 of Pub. L. 100-333 provided that: "This Act [enacting this chapter] may be cited as the 'Organotin Antifouling Paint Control Act of 1988'." § 2402. Definitions For purposes of this chapter: (1) The term "Administrator" means the Administrator of the Environmental Protection Agency. (2) The term "antifouling paint" means a coating, paint, or treatment that is applied to a vessel to control fresh water or marine fouling organisms. (3) The term "estuary" means a body of water having an unimpaired connection with open sea, where the sea water is measurably diluted with fresh water derived from land drainage, and such term includes the Chesapeake Bay and estuary-type areas of the Great Lakes. (4) The term "organotin" means any compound of tin used as a biocide in an antifouling paint. (5) The term "person" means any individual, and partnership, association, corporation, or organized group of persons whether incorporated or not, or any government entity, including the military. (6) The term "qualified antifouling paint containing organotin" means an antifouling paint containing organotin that— (A) is allowed to be used under the terms of the final decision referred to in section 12(c); or (B) until such final decision takes effect, is certified by the Administrator under section 2405 of this title as having a release rate of not more than 4.0 micrograms per square centimeter per day. (7) The term "release rate" means the rate at which organotin is released from an antifouling paint over the long term, as determined by the Administrator, using— (A) the American Society for Testing Materials (ASTM) standard test method which the Environmental Protection Agency required in its July 29, 1986, data call-in notice on tributyltin compounds used in antifouling paints; or (B) any similar test method specified by the Administrator. (8) The term "retail" means the transfer of title to tangible personal property other than for resale, after manufacturing or processing. (9) The term "Secretary" means the Secretary of the Navy. (10) The term "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or any territory or possession of the United States. (11) The term "vessel" includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. (Pub. L. 100-333, § 3, June 16, 1988, 102 Stat. 605.) § 2404. Prohibition of certain organotin antifouling paints and organotin additives used to make such paints (a) Interim prohibition of certain organotin antifouling paints Subject to section 12(d), no person in any State may (1) sell or deliver to, or purchase or receive from, another person an antifouling paint containing organotin; or (2) apply to a vessel an antifouling paint containing organotin; unless the antifouling paint is certified by the Administrator as being a qualified antifouling paint containing organotin. (b) Prohibition of certain organotin additives Subject to section 12(d), no person in any State may sell or deliver to, or purchase or receive from, another person at retail any substance containing organotin for the purpose of adding such substance to paint to create an antifouling paint. (Pub. L. 100-333, § 5, June 16, 1988, 102 Stat. 606.) REFERENCES IN TEXT Section 12(d), referred to in text, is section 12(d) of Pub. L. 100-333, which is set out as a note under section 2401 of this title. EFFECTIVE DATE Section effective June 16, 1988, with subsec. (a) to remain in effect until a final decision, as defined in section 12(c) of Pub. L. 100-333, regarding release of organotin into the aquatic environment by antifouling paints, is issued and takes effect, see section 12(a) to (c) of Pub. L. 100-333, set out as an Effective Date; Use of Existing Stocks note under section 2401 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2409 of this title. § 2405. Certification (a) Initial certification Not later than 90 days after June 16, 1988, the Administrator shall certify each antifouling paint containing organotin that the Administrator determines has a release rate of not more than 4.0 micrograms per square centimeter per day on the basis of the information submitted to the Environmental Protection Agency before June 16, 1988, in response to its July 29, 1986, data call-in notice on tributyltin or any other data call-in notice. (b) Subsequent certification After the initial period of certification required by subsection (a) of this section, and not later than 90 days after the receipt of information with regard to an antifouling paint containing organotin submitted (1) in response to a data call-in referred to in subsection (a) of this section; or (2) under any provision of law; the Administrator shall certify such paint if, on the basis of such information, the Administrator determines that such paint has a release rate of not more than 4.0 micrograms per square centimeter per day. (Pub. L. 100-333, § 6, June 16, 1988, 102 Stat. 607.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2402 of this title. § 2406. Monitoring and research of ecological effects (a) Estuarine monitoring The Administrator, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere, shall monitor the concentrations of organotin in the water column, sediments, and aquatic organisms of representative estuaries and near-coastal waters in the United States. This monitoring program shall remain in effect until 10 years after June 16, 1988. The Administrator shall submit a report annually to the Speaker of the House of Representatives and to the President pro tempore of the Senate detailing the results of such monitoring program for the preceding year. (b) Navy home port monitoring The Secretary shall provide for periodic monitoring, not less than quarterly, of waters serving as the home port for any Navy vessel coated with an antifouling paint containing organotin to determine the concentration of organotin in the water column, sediments, and aquatic organisms of such waters. (c) Navy research of ecological effects The Secretary shall continue existing Navy programs evaluating the laboratory toxicity and environmental risks associated with the use of antifouling paints containing organotin. (d) Report The Secretary shall submit a report annually to the Administrator and to the Governor of each State in which a home port for the Navy is monitored under subsection (b) of this section detailing the results of such monitoring in the State. Such reports shall be included in the annual report required to be submitted under subsection (a) of this section. (e) Assistance to States To the extent practicable, the Administrator shall assist States in monitoring waters in such States for the presence of organotin and in analyzing samples taken during such monitoring. (f) Five-year report At the end of the 5-year period beginning on June 16, 1988, the Administrator shall submit a report to the Speaker of the House of Representatives and to the President pro tempore of the Senate providing an assessment of— (1) the effectiveness of existing laws and rules concerning organotin compounds in ensuring protection of human health and the environment; (2) compliance with water quality criteria established pursuant to section 2408 of this title and any applicable water quality standards; and (3) recommendations for additional measures to protect human health and the environment. (Pub. L. 100-333, § 7, June 16, 1988, 102 Stat. 607.) § 2407. Alternative antifouling research (a) Research The Secretary and the Administrator shall conduct research into chemical and nonchemical alternatives to antifouling paints containing organotin. (b) Report At the end of the 4-year period beginning on June 16, 1988, the Administrator, in consultation with the Secretary, shall submit a report to the Speaker of the House of Representatives and to the President pro tempore of the Senate detailing the results of the research conducted pursuant to subsection (a) of this section. (Pub. L. 100-333, § 8, June 16, 1988, 102 Stat. 608.) § 2408. Water quality criteria document Not later than March 30, 1989, the Administrator shall issue a final water quality criteria document concerning organotin compounds pursuant to section 1314(a) of this title. (Pub. L. 100-333, § 9, June 16, 1988, 102 Stat. 608.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2406 of this title. § 2409. Penalties (a) Civil penalties (1) Any person violating section 2403 or 2404 of this title shall be assessed a civil penalty of not more than $5,000 for each offense. (2) After notice and an opportunity for a hearing, a person found by the Administrator to have violated section 2403 or 2404 of this title is liable to the United States Government for the civil penalty assessed under subsection (a) of this section. The amount of the civil penalty shall be assessed by the Administrator by written notice. In determining the amount of the penalty, the Administrator shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires. (3) The Administrator may compromise, modify, or remit, with or without consideration, a civil penalty assessed under this section until the assessment is referred to the Attorney General. (4) If a person fails to pay an assessment of a civil penalty after it has become final, the Administrator may refer the matter to the Attorney General for collection in the appropriate United States district court. (b) Criminal penalties Any person knowingly violating section 2403 or 2404 of this title shall be fined not more than $25,000, or imprisoned for not more than one year, or both. |