783 



new fndin"s, and hi<: recommendation, if anv, for 

 the modiflcatlon or setting aside of his origins 1 de- 

 terminntlon. with the return of such additional 

 evidence 'June 3i 1948, ch. 7f^8 title V. 5 509. as 

 af^ded Oct 18 1172. Pub. L. 92-SOO. 5 2. 86 Stat. 

 891, pnd amended Dec. 28, 1973, Pub. L. 93-207, § 1 



(61, 87 Stat. 906.) 



Amendments 

 lfl73_S"bsec fbiriWCl Pub. L. 93-207 substituted 

 "pretreatment" for "treatment". 



§ 1370. State authority. 



Except as expressly provided in this chapter, noth- 

 ing in this chapter shall (1) preclude or deny the 

 right of any State or political subdivision thereof 

 or Interstate agency to adopt or enforce (A) any 

 standard or limitation respecting discharges of pol- 

 lutants, or (B) any requirement respecting control 

 or abatement of pollution; except that if an effluent 

 limitation, or other limitation, effluent standard, pro- 

 hibition, pretreatment standard, or standard of per- 

 formance is in effect under this chapter, such State 

 or political subdivision or interstate agency may not 

 adopt or enforce any effluent limitation, or other 

 limitation, effluent standard, prohibition, pretreat- 

 ment standard, or standard of performance which 

 is less stringent than the effluent limitation, or other 

 limitation, effluent standard, prohibition, pretreat- 

 ment standard, or standard of performance under 

 this chapter: or (2) be construed as impairing or 

 In any manner affecting any right or jurisdiction of 

 the States with respect to the waters (Including 

 boimdary waters) of such States. (June 30. 1948, 

 ch. 758, title V, § 510, as added Oct. 18, 1972, Pub. L. 

 92-500, §2, 86 Stat. 893.) 



§ 1371. Authority under other laws and regulations. 



(a) This chapter shall not be construed as (1) 

 limiting the authority or functions of any ofBcer 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) un- 

 der the Act of March 3, 1899; except that any permit 

 Issued under section 1344 of this title shall be con- 

 clusive as to the effect on water quality of any dis- 

 charge 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 the navigable 

 waters subject to the Rivers and Harbors Act of 1910 

 and the Supervisory Harbors Act of 1888 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) (1) Except for the provision of Federal finan- 

 cial assistance for the purpose of assisting the con- 

 struction of publicly owned treatment works as 

 authorized by section 1281 of this title, and the Is- 

 suance 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; and 



(21 Nothlner in the National Environmental Policy 

 Act of 19fi9 shall be deemed to — 



(A) authorize any Federal agencv authorized to 

 license or permit the coniiuct of anv activltv which 

 mav result in the di-^char^e of a p'^Pu^'int into the 

 navisable waters to review any effluent limitation 

 or other renuirement established pursuant to this 

 chapter or the adeouac^' of any certification under 

 section 1341 of this title; or 



(B) authorize anv such agencv to impose, as a 

 condition precedent to the i^^suance of anv license 

 or permit, any effluert limitation other than any 

 such limitation established pursuant to this 

 chapter. 



(d) Notwithstandini: this charter or any other 

 provision of law, the Administrator (11 shall not 

 require any State to con-^idp'- in thp development of 

 the ranking in order of nrlorltv of needs for the con- , 

 struction of treatment works (as defined in sub- 

 chanter n of this chapter) , anv water pollution con- 

 trol agreement which may have been entered into be- 

 tween the United States and any other nation, and 

 (2) shall not consider any such agreement in the 

 approval of any such priority ranking. (June 30. 

 1948, ch. 758, title V, § 511, as added Oct. 18, 1972, 

 Pub. L. 92-500, § 2. 86 Stat. 893, and amended Jan. 2, 

 1974, Pub. L. 93-243, § 3, 87 Stat. 1069.) 

 Amendments 

 1974 — Subsec. (d) . Pub. L. 93-243 added subsec. (d) . 



§ 1372. Labor standards. 



The Administrator shall take such action as may 

 be necessary to insure that all laborers and me- 

 chanics employed by contractors or subcontractors 

 on treatment works for which grants are made under 

 this chapter shall be paid wages at rates not less than 

 those prevailing for the same type of work on similar 

 construction in the immediate locality, as deter- 

 mined by the Secretary of Labor, in accordance with 

 the Davis-Bacon Act. The Secretary of Labor shall 

 have, with respect to the labor standards specified in 

 this subsection, the authority and functions set forth 

 in Reorganization Plan Numbered 14 of 1950 and 

 section 276c of Title 40. (June 30, 1948, ch. 758. title 

 V. § 513, as added Oct. 18. 1972. Pub. L. 92-500, § 2, 

 86 Stat. 894.) 



§ 1373. Public health agency coordination. 



The permitting agency under section 1342 of this 

 title shall assist the applicant for a permit under 

 such section in coordinating the requirements of this 

 chapter with those of the appropriate public health 

 agencies. (June 30. 1948. ch. 758, title V, § 514, as 

 added Oct. 18, 1972, Pub. L. 92-500, § 2, 86 Stat. 894.) 



§1371. Effluent Standards and Water Quality Infor- 

 mation Adivsory Committee. 



(a) Establishment; membership; term. 



(1) There is established on' Effluent Standards 

 and Water Quality Information Advisory Committee, 

 which shall be composed of a Chairman and eight 

 members who shall be appointed by the Administra- 

 tor within sixty days after October 18, 1972. 



(2) All members of the Committee shall be se- 



> So In original. 



