
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC4370c]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 55--NATIONAL ENVIRONMENTAL POLICY
 
                SUBCHAPTER III--MISCELLANEOUS PROVISIONS
 
Sec. 4370c. Environmental Protection Agency fees


(a) Assessment and collection

    The Administrator of the Environmental Protection Agency shall, by 
regulation, assess and collect fees and charges for services and 
activities carried out pursuant to laws administered by the 
Environmental Protection Agency.

(b) Amount of fees and charges

    Fees and charges assessed pursuant to this section shall be in such 
amounts as may be necessary to ensure that the aggregate amount of fees 
and charges collected pursuant to this section, in excess of the amount 
of fees and charges collected under current law--
        (1) in fiscal year 1991, is not less than $28,000,000; and
        (2) in each of fiscal years 1992, 1993, 1994, and 1995, is not 
    less than $38,000,000.

(c) Limitation on fees and charges

    (1) The maximum aggregate amount of fees and charges in excess of 
the amounts being collected under current law which may be assessed and 
collected pursuant to this section in a fiscal year--
        (A) for services and activities carried out pursuant ot \1\ the 
    Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.] is 
    $10,000,000; and
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    \1\ So in original. Probably should be ``to''.
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        (B) for services and activities in programs within the 
    jurisdiction of the House Committee on Energy and Commerce and 
    administered by the Environmental Protection Agency through the 
    Administrator, shall be limited to such sums collected as of 
    November 5, 1990, pursuant to sections 2625(b) and 2665(e)(2) \2\ of 
    title 15, and such sums specifically authorized by the Clean Air Act 
    Amendments of 1990.
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    \2\ See References in Text note below.

    (2) Any remaining amounts required to be collected under this 
section shall be collected from services and programs administered by 
the Environmental Protection Agency other than those specified in 
subparagraphs (A) and (B) of paragraph (1).

(d) Rule of construction

    Nothing in this section increases or diminishes the authority of the 
Administrator to promulgate regulations pursuant to section 9701 of 
title 31.

(e) Uses of fees

    Fees and charges collected pursuant to this section shall be 
deposited into a special account for environmental services in the 
Treasury of the United States. Subject to appropriation Acts, such funds 
shall be available to the Environmental Protection Agency to carry out 
the activities for which such fees and charges are collected. Such funds 
shall remain available until expended.

(Pub. L. 101-508, title VI, Sec. 6501, Nov. 5, 1990, 104 Stat. 1388-
320.)

                       References in Text

    The Federal Water Pollution Control Act, referred to in subsec. 
(c)(1)(A), is act June 30, 1948, ch. 758, as amended generally by Pub. 
L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified 
generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and 
Navigable Waters. For complete classification of this Act to the Code, 
see Short Title note set out under section 1251 of Title 33 and Tables.
    Section 2665(e)(2) of title 15, referred to in subsec. (c)(1)(B), 
was redesignated section 2665(d)(2) of Title 15, Commerce and Trade, by 
Pub. L. 104-66, title II, Sec. 2021(l)(2), Dec. 21, 1995, 109 Stat. 728.
    The Clean Air Act Amendments of 1990, referred to in subsec. 
(c)(1)(B), means Pub. L. 101-549, Nov. 15, 1990, 104 Stat. 2399. For 
complete classification of this Act to the Code, see Short Title of 1990 
Amendment note set out under section 7401 of this title and Tables.

                          Codification

    In subsec. (d), ``section 9701 of title 31'' was in the original 
``the Independent Office Appropriations Act (31 U.S.C. 9701)'' and 
substitution was made as if it read for ``title V of the Independent 
Offices Appropriation Act of 1952'' on authority of Pub. L. 97-258, 
Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which 
enacted Title 31, Money and Finance.
    Section was enacted as part of the Omnibus Budget Reconciliation Act 
of 1990, and not as part of the National Environmental Policy Act of 
1969 which comprises this chapter.

                         Change of Name

    Committee on Energy and Commerce of House of Representatives treated 
as referring to Committee on Commerce of House of Representatives by 
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 
of Title 2, The Congress.
