Public Law 89-753 89th Congress, S. 2947 November 3, 1966 AN ACT To amend the Federal Water Pollution Control Act in order to improve and make more effective certain programs pursuant to such Act. Clean Water Act of 1966. Be it enacted by the Senate and House of Representa- Restoration tives of the United States of America in Congress assembled, That this Act may be cited as the "Clean Water Restoration Act of 1966". TITLE I SEC. 101. Section 3 of the Federal Water Pollution Control Act, as amended, is amended by adding at the end thereof the following: "(c) (1) The Secretary shall, at the request of the Governor of a State, or a majority of the governors when more than one State is involved, make a grant to pay not to exceed 50 per centum of the administrative expenses of a planning agency for a period not to exceed 3 years, if such agency provides for adequate representation of appropriate State, interstate, local, or (when appropriate) international, interests in the basin or portion thereof involved and is capable of developing an effective, comprehensive water quality control and abatement plan for a basin. "(2) Each planning agency receiving a grant under this subsection shall develop a comprehensive pollution control and abatement plan for the basin which "(A) is consistent with any applicable water quality standards established pursuant to current law within the basin; "(B) recommends such treatment works and sewer systems as will provide the most effective and economical means of collection, storage, treatment, and purification of wastes and recommends means to encourage both municipal and industrial use of such works and systems; and "(C) recommends maintenance and improvement of water quality standards within the basin or portion thereof and recommends methods of adequately financing those facilities as may be necessary to implement the plan. 70 Stat. 498: 75 Stat. 204; 79 Stat. 903. 33 USC 466a. 90-224 O 73 15 "Basin." 79 Stat. 905. Limitations. "(3) For the purposes of this subsection the term 'basin' includes, but is not limited to, rivers and their tributaries, streams, coastal waters, sounds, estuaries, bays, lakes, and portions thereof, as well as the lands drained thereby." TITLE II SEC. 201. (a) Section 6 of the Federal Water Pollution Control Act is amended to read as follows: "GRANTS FOR RESEARCH AND DEVELOPMENT "SEC. 6. (a) The Secretary is authorized to make grants to any State, municipality, or intermunicipal or interstate agency for the purpose of (1) assisting in the development of any project which will demonstrate a new or improved method of controlling the discharge into any waters of untreated or inadequately treated sewage or other wastes from sewers which carry storm water or both storm water and sewage or other wastes, or "(2) assisting in the development of any project which will demonstrate advanced waste treatment and water purification methods (including the temporary use of new or improved chemical additives which provide substantial immediate improvement to existing treatment processes) or new or improved methods of joint treatment systems for municipal and industrial wastes, and for the purpose of reports, plans, and specifications in connection therewith. "(b) The Secretary is authorized to make grants to persons for research and demonstration projects for prevention of pollution of waters by industry including, but not limited to, treatment of industrial waste. "(c) Federal grants under subsection (a) of this section shall be subject to the following limitations: "(1) No grant shall be made for any project pursuant to this section unless such project shall have been approved by the appropriate State water pollution control agency or agencies and by the Secre tary (2) No grant shall be made for any project in an amount exceeding 75 per centum of the estimated reasonable cost thereof as determined by the Secretary; and "(3) No grant shall be made for any project under this section unless the Secretary determines that such project will serve as a useful demonstration for the purpose set forth in clause (1) or (2) of subsection (a). "(d) Federal grants under subsection (b) of this section shall be subject to the following limitations: แ "(1) No grant shall be made under this section in excess of $1,000,000; "(2) No grant shall be made for more than 70 per centum of the cost of the project; and "(3) No grant shall be made for any project unless the Secretary determines that such project will serve a useful purpose in the development or demonstration of a new or improved method of treating industrial wastes or otherwise preventing pollution of waters by industry, which method shall have industry-wide application. "(e) For the purposes of this section there are author- Appropriation. ized to be appropriated "(1) for the fiscal year ending June 30, 1966, and for each of the next three succeeding fiscal years, the sum of $20,000,000 per fiscal year for the purposes set forth in subsections (a) and (b) of this section, including contracts pursuant to such subsections for such purposes; "(2) for the fiscal year ending June 30, 1967, and for each of the next two succeeding fiscal years, the sum of $20,000,000 per fiscal year for the purpose set forth in clause (2) of subsection (a); and "(3) for the fiscal year ending June 30, 1967, and for each of the next two succeeding fiscal years, the sum of $20,000,000 per fiscal year for the purpose set forth in subsection (b)." (b) Section 5 of such Act is amended by adding at the end thereof the following new subsections: "(g) (1) The Secretary shall, in cooperation with the Secretary of the Army, the Secretary of Agriculture, the Water Resources Council, and with other appropriate Federal, State, interstate, or local public bodies and private organizations, institutions, and individuals, conduct and promote, and encourage contributions to, a comprehensive study of the effects of pollution, including sedimentation, in the estuaries and estuarine zones of the United States on fish and wildlife, on sport and commercial fishing, on recreation, on water supply and water power, and on other beneficial purposes. Such study shall also consider the effect of demographic trends, the exploitation of mineral resources and fossil fuels, land and industrial development, navigation, flood and erosion control, and other uses of estuaries and estuarine zones upon the pollution of the waters therein. "(2) In conducting the above study, the Secretary shall assemble, coordinate, and organize all existing pertinent information on the Nation's estuaries and estuarine zones; carry out a program of investigations and surveys to supplement existing information in representative estuaries and estuarine zones; and identify the problems and areas where further research and study are required. Estuarine zones, pollu70 Stat. 499: 79 Stat. 903. 33 USC 466c. tion study. 75 Stat. 205; Report to "(3) The Secretary shall submit to the Congress a Congress. final report of the study authorized by this subsection not later than three years after the date of enactment of this subsection. Copies of the report shall be made available to all interested parties, public and private. The report shall include, but not be limited to— "(A) an analysis of the importance of estuaries to the economic and social well-being of the people of the United States and of the effects of pollution upon the use and enjoyment of such estuaries; "(B) a discussion of the major economic, social, and ecological trends occurring in the estuarine zones of the Nation; "(C) recommendations for a comprehensive national program for the preservation, study, use, and development of estuaries of the Nation, and the respective responsibilities which should be assumed by Federal, State, and local governments and by public and private interests. "(4) There is authorized to be appropriated the sum of $1,000,000 per fiscal year for the fiscal years ending June 30, 1967, June 30, 1968, and June 30, 1969, to carry out the purposes of this subsection. "(5) For the purpose of this subsection, the term 'estuarine zones' means an environmental system consisting of an estuary and those transitional areas which are consistently influenced or affected by water from an estuary such as, but not limited to, salt marshes, coastal and intertidal areas, bays, harbors, lagoons, inshore waters, and channels, and the term 'estuary' means all or part of the mouth of a navigable or interstate river or stream or other body of water having unimpaired natural connection with open sea and which the sea water is measurably diluted with fresh water derived from land drainage. "(h) There is authorized to be appropriated to carry out this section, other than subsection (g), not to exceed $60,000,000 for the fiscal year ending June 30, 1968, and $65,000,000 for the fiscal year ending June 30, 1969. Sums so appropriated shall remain available until expended." (c)(1) Subsection (d) of section 5 of the Federal Water Pollution Control Act is amended by striking out "(1)" and by striking out all of paragraph (2) of such subsection. (2) The amendment made by this subsection shall take effect July 1, 1967. SEC. 202. (a) Subsection (a) of section 7 of the Federal Water Pollution Control Act is amended by striking out "and for each succeeding fiscal year to and including the fiscal year ending June 30, 1968, $5,000,000" and inserting in lieu thereof "for each succeeding fiscal year to and including the fiscal year ending June 30, 1967, $5,000,000, and for each succeeding fiscal year to and including the fiscal year ending June 30, 1971, $10,000,000". (b) Subsection (a) of section 7 of the Federal Water Pollution Control Act is further amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: "including the training of personnel of public agencies.' SEC. 203. (a) Subsection (b) of section 8 of the Federal Water Pollution Control Act is amended to read as follows: Construction 70 Stat. 502; grants. 79 Stat. 903. 33 USC 466e. 33 USC 466c. "(b) Federal grants under this section shall be subject to the following limitations: (1) No grant shall be made for any project pursuant to this section unless such project shall have been approved by the appropriate State water pollution control agency or agencies and by the Secretary and unless such project is included in a comprehensive program developed pursuant to this Act; (2) no grant shall be made for any project in an amount exceeding 30 per centum of the estimated reasonable cost thereof as determined by the Secretary; (3) no grant shall be made unless the grantee agrees to pay the remaining cost; (4) no grant shall be made for any project under this section until the applicant has made provision satisfactory to the Secretary for assuring proper and efficient operation and maintenance of the treatment works after completion of the construction thereof; and (5) no grant shall be made for any project under this section unless such project is in conformity with the State water pollution control plan submitted pursuant to the provisions of section 7 and has been certified by the appro- 70 Stat. 499; priate State water pollution control agency as entitled to 79 Stat. 903. priority over other eligible projects on the basis of financial as well as water pollution control needs; (6) the percentage limitation of 30 per centum imposed by clause (2) of this subsection shall be increased to a maximum of 40 per centum in the case of grants made under this section from funds allocated for a fiscal year to a State under subsection (c) of this section if the State agrees to pay not less than 30 per centum of the estimated reasonable cost (as determined by the Secretary) of all projects for which Federal grants are to be made under this section from such allocation; (7) the percentage limitations imposed by clause (2) of this subsection shall be increased to a maximum of 50 per centum in the case of grants made under this section from funds allocated for a fiscal year to a State under subsection (c) of this section if the State agrees to pay not less than 25 per centum of the estimated reasonable costs (as determined by the Secretary) of all projects for which Federal grants are to be made under this section from such allocation and if enforceable water quality standards have been established for the waters into which the project discharges, in accordance 79 Stat. 903, with section 10 (c) of this Act in the case of interstate waters, and under State law in the case of intrastate waters. 907. |