Laws and Programs 



Establishing new direction for the Act and authorizing significant federal financial 

 assistance for the implementation of state non-point source programs, the legislation 

 mandated a similar approach in information collection, assessment, targeting, and 

 implementation as those taken in the new Surface Water Toxics Control, Estuary, Clean 

 Lakes, and other program areas. States were specifically encouraged to ensure consistency 

 among controls impacting the same water resources via development of State Clean Water 

 Strategies. Building on existing state water pollution control activities, the Strategies could 

 address in a strategic way the variety of sources, their inter-relationships, and the range of 

 related water resources threatened. 



In developing a program for non-point source control governance in the Narragansen 

 Bay basin, then, it is necessary first to understand completely current efforts to provide 

 water quality protection. The recent federal amendments recognized that understanding 

 water quality laws and programs would be critical in designing a strategy for protection, 

 and required that states include an identification and analysis of those laws and programs in 

 preparation of new non-point source control programs. 



Analysis of existing program capabilities requires (1) identifying laws and programs 

 which are now available, and the adequacy of their "coverage" with regard to all non-point 

 sources, and (2) evaluating the effectiveness of laws and programs now "on the books." 



A broad range of programs, within the jurisdictions of several levels of government, 

 affect NB basin water quality. These include regulatory programs, non-binding policy and 

 guidance, technical assistance programs, policies and practices for specific resource areas 

 and publicly owned land, and research and monitoring programs. Not only federal, state, 

 and local levels of government are involved in administering these programs; special 

 purpose districts and governments such as water supply districts, sewer authorities, 

 conservation districts, and special area management-related entities also have important 

 roles. The complex array of laws and programs has evolved in response to the diversity of 

 pollution sources, as well as to changing perceptions of need at local and national levels 

 through time. Tables 1.1 (a) through 1.1 (0 outline some key aspects of the 

 structure of non-point source governance in the Narragansett Bay. 



Federal Programs 



Numerous federal regulatory and planning programs adopted over the past several 

 years reflect a strong poUcy in favor of water quality protection, and a more general policy 

 favoring protection of special resource areas such as coastal areas, wetiands and 

 floodplains. Federal wetland and floodplain protection policy can be a major force in non- 

 point source control, serving to establish national standards and to provide support for state 

 and local initiatives. Two Executive Orders and new provisions in the Qean Water Act not 

 only make major federal policy shifts, but also attempt to coordinate effons of the U.S. 

 Army Corps of Engineers, the Soil Conservation Service, the Bureau of Reclamation, the 

 U.S. Fish and Wildlife Service, the National Marine Fisheries Service, and EPA. 



Because NPS pollution impacts essentially all categories of water resources, 

 consideration of an overall water clean-up strategy is necessary, and programs are best 

 categorized by pollution source. Lakes, estuaries, and groundwater, for example, act as 

 sinks for non-point source and point source activities, and weUands serve as both receptors 

 and potential filters for a range of source types. As discussed in earlier sections. 



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