---
kind: "section"
citation: "33 U.S.C. § 1346"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "1346"
heading: "Coastal recreation water quality monitoring and notification"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/1346"
units:
  - "Chapter 26 — Water Pollution Prevention and Control"
  - "Subchapter IV — Permits and Licenses"
---

# §1346. Coastal recreation water quality monitoring and notification

- (a) **Monitoring and notification—**
  - (1) **In general—** Not later than 18 months after October 10, 2000, after consultation and in cooperation with appropriate Federal, [State](/usc/33/1362.md?p=3), tribal, and local officials (including local health officials), and after providing public notice and an opportunity for comment, the Administrator shall publish performance criteria for—
    - (A) monitoring and assessment (including specifying available methods for monitoring) of [coastal recreation waters](/usc/33/1362.md?p=21-A) adjacent to beaches or similar points of access that are used by the public for attainment of applicable water quality standards for pathogens and [pathogen indicators](/usc/33/1362.md?p=23); and
    - (B) the prompt notification of the public, local governments, and the Administrator of any exceeding of or likelihood of exceeding applicable water quality standards for [coastal recreation waters](/usc/33/1362.md?p=21-A) described in [subparagraph (A)](#a-1-A).
  - (2) **Level of protection—** The performance criteria referred to in [paragraph (1)](#a-1) shall provide that the activities described in subparagraphs [(A)](#a-1-A) and [(B)](#a-1-B) of that paragraph shall be carried out as necessary for the protection of public health and safety.
- (b) **Program development and implementation grants—**
  - (1) **In general—** The Administrator may make grants to [States](/usc/33/1362.md?p=3) and local governments to develop and implement programs for monitoring and notification for [coastal recreation waters](/usc/33/1362.md?p=21-A) adjacent to beaches or similar points of access that are used by the public.
  - (2) **Limitations—**
    - (A) **In general—** The Administrator may award a grant to a [State](/usc/33/1362.md?p=3) or a local government to implement a monitoring and notification program if—
      - (i) the program is consistent with the performance criteria published by the Administrator under [subsection (a)](#a);
      - (ii) the [State](/usc/33/1362.md?p=3) or local government prioritizes the use of grant funds for particular [coastal recreation waters](/usc/33/1362.md?p=21-A) based on the use of the water and the risk to human health presented by pathogens or [pathogen indicators](/usc/33/1362.md?p=23);
      - (iii) the [State](/usc/33/1362.md?p=3) or local government makes available to the Administrator the factors used to prioritize the use of funds under [clause (ii)](#b-2-A-ii);
      - (iv) the [State](/usc/33/1362.md?p=3) or local government provides a list of discrete areas of [coastal recreation waters](/usc/33/1362.md?p=21-A) that are subject to the program for monitoring and notification for which the grant is provided that specifies any [coastal recreation waters](/usc/33/1362.md?p=21-A) for which fiscal constraints will prevent consistency with the performance criteria under [subsection (a)](#a); and
      - (v) the public is provided an opportunity to review the program through a process that provides for public notice and an opportunity for comment.
    - (B) **Grants to local governments—** The Administrator may make a grant to a local government under this subsection for implementation of a monitoring and notification program only if, after the 1-year period beginning on the date of publication of performance criteria under [subsection (a)(1)](#a-1), the Administrator determines that the [State](/usc/33/1362.md?p=3) is not implementing a program that meets the requirements of this subsection, regardless of whether the [State](/usc/33/1362.md?p=3) has received a grant under this subsection.
  - (3) **Other requirements—**
    - (A) **Report—** A [State](/usc/33/1362.md?p=3) recipient of a grant under this subsection shall submit to the Administrator, in such format and at such intervals as the Administrator determines to be appropriate, a report that describes—
      - (i) data collected as part of the program for monitoring and notification as described in [subsection (c)](#c); and
      - (ii) actions taken to notify the public when water quality standards are exceeded.
    - (B) **Delegation—** A [State](/usc/33/1362.md?p=3) recipient of a grant under this subsection shall identify each local government to which the [State](/usc/33/1362.md?p=3) has delegated or intends to delegate responsibility for implementing a monitoring and notification program consistent with the performance criteria published under [subsection (a)](#a) (including any [coastal recreation waters](/usc/33/1362.md?p=21-A) for which the authority to implement a monitoring and notification program would be subject to the delegation).
  - (4) **Federal share—**
    - (A) **In general—** The Administrator, through grants awarded under this section, may pay up to 100 percent of the costs of developing and implementing a program for monitoring and notification under this subsection.
    - (B) **Non-Federal share—** The non-Federal share of the costs of developing and implementing a monitoring and notification program may be—
      - (i) in an amount not to exceed 50 percent, as determined by the Administrator in consultation with [State](/usc/33/1362.md?p=3), tribal, and local government representatives; and
      - (ii) provided in cash or in kind.
- (c) **Content of State and local government programs—** As a condition of receipt of a grant under [subsection (b)](#b), a [State](/usc/33/1362.md?p=3) or local government program for monitoring and notification under this section shall identify—
  - (1) lists of [coastal recreation waters](/usc/33/1362.md?p=21-A) in the [State](/usc/33/1362.md?p=3), including [coastal recreation waters](/usc/33/1362.md?p=21-A) adjacent to beaches or similar points of access that are used by the public;
  - (2) in the case of a [State](/usc/33/1362.md?p=3) program for monitoring and notification, the process by which the [State](/usc/33/1362.md?p=3) may delegate to local governments responsibility for implementing the monitoring and notification program;
  - (3) the frequency and location of monitoring and assessment of [coastal recreation waters](/usc/33/1362.md?p=21-A) based on—
    - (A) the periods of recreational use of the waters;
    - (B) the nature and extent of use during certain periods;
    - (C) the proximity of the waters to known [point sources](/usc/33/1362.md?p=14) and nonpoint sources of [pollution](/usc/33/1362.md?p=19); and
    - (D) any effect of storm events on the waters;
  - (4)
    - (A) the methods to be used for detecting levels of pathogens and [pathogen indicators](/usc/33/1362.md?p=23) that are harmful to human health; and
    - (B) the assessment procedures for identifying short-term increases in pathogens and [pathogen indicators](/usc/33/1362.md?p=23) that are harmful to human health in [coastal recreation waters](/usc/33/1362.md?p=21-A) (including increases in relation to storm events);
  - (5) measures for prompt communication of the occurrence, nature, location, [pollutants](/usc/33/1362.md?p=6) involved, and extent of any exceeding of, or likelihood of exceeding, applicable water quality standards for pathogens and [pathogen indicators](/usc/33/1362.md?p=23) to—
    - (A) the Administrator, in such form as the Administrator determines to be appropriate; and
    - (B) a designated official of a local government having jurisdiction over land adjoining the [coastal recreation waters](/usc/33/1362.md?p=21-A) for which the failure to meet applicable standards is identified;
  - (6) measures for the posting of signs at beaches or similar points of access, or functionally equivalent communication measures that are sufficient to give notice to the public that the [coastal recreation waters](/usc/33/1362.md?p=21-A) are not meeting or are not expected to meet applicable water quality standards for pathogens and [pathogen indicators](/usc/33/1362.md?p=23); and
  - (7) measures that inform the public of the potential risks associated with water contact activities in the [coastal recreation waters](/usc/33/1362.md?p=21-A) that do not meet applicable water quality standards.
- (d) **Federal agency programs—** Not later than 3 years after October 10, 2000, each Federal agency that has jurisdiction over [coastal recreation waters](/usc/33/1362.md?p=21-A) adjacent to beaches or similar points of access that are used by the public shall develop and implement, through a process that provides for public notice and an opportunity for comment, a monitoring and notification program for the [coastal recreation waters](/usc/33/1362.md?p=21-A) that—
  - (1) protects the public health and safety;
  - (2) is consistent with the performance criteria published under [subsection (a)](#a);
  - (3) includes a completed report on the information specified in [subsection (b)(3)(A)](#b-3-A), to be submitted to the Administrator; and
  - (4) addresses the matters specified in [subsection (c)](#c).
- (e) **Database—** The Administrator shall establish, maintain, and make available to the public by electronic and other means a national coastal recreation water [pollution](/usc/33/1362.md?p=19) occurrence database that provides—
  - (1) the data reported to the Administrator under subsections [(b)(3)(A)(i)](#b-3-A-i) and [(d)(3)](#d-3); and
  - (2) other information concerning pathogens and [pathogen indicators](/usc/33/1362.md?p=23) in [coastal recreation waters](/usc/33/1362.md?p=21-A) that—
    - (A) is made available to the Administrator by a [State](/usc/33/1362.md?p=3) or local government, from a coastal water quality monitoring program of the [State](/usc/33/1362.md?p=3) or local government; and
    - (B) the Administrator determines should be included.
- (f) **Technical assistance for monitoring floatable material—** The Administrator shall provide technical assistance to [States](/usc/33/1362.md?p=3) and local governments for the development of assessment and monitoring procedures for [floatable material](/usc/33/1362.md?p=22-A) to protect public health and safety in [coastal recreation waters](/usc/33/1362.md?p=21-A).
- (g) **List of waters—**
  - (1) **In general—** Beginning not later than 18 months after the date of publication of performance criteria under [subsection (a)](#a), based on information made available to the Administrator, the Administrator shall identify, and maintain a list of, discrete [coastal recreation waters](/usc/33/1362.md?p=21-A) adjacent to beaches or similar points of access that are used by the public that—
    - (A) specifies any waters described in this paragraph that are subject to a monitoring and notification program consistent with the performance criteria established under [subsection (a)](#a); and
    - (B) specifies any waters described in this paragraph for which there is no monitoring and notification program (including waters for which fiscal constraints will prevent the [State](/usc/33/1362.md?p=3) or the Administrator from performing monitoring and notification consistent with the performance criteria established under [subsection (a)](#a)).
  - (2) **Availability—** The Administrator shall make the list described in [paragraph (1)](#g-1) available to the public through—
    - (A) publication in the Federal Register; and
    - (B) electronic media.
  - (3) **Updates—** The Administrator shall update the list described in [paragraph (1)](#g-1) periodically as new information becomes available.
- (h) **EPA implementation—** In the case of a [State](/usc/33/1362.md?p=3) that has no program for monitoring and notification that is consistent with the performance criteria published under [subsection (a)](#a) after the last day of the 3-year period beginning on the date on which the Administrator lists waters in the [State](/usc/33/1362.md?p=3) under [subsection (g)(1)(B)](#g-1-B), the Administrator shall conduct a monitoring and notification program for the listed waters based on a priority ranking established by the Administrator using funds appropriated for grants under [subsection (i)](#i)—
  - (1) to conduct monitoring and notification; and
  - (2) for related salaries, expenses, and travel.
- (i) **Authorization of appropriations—** There is authorized to be appropriated for making grants under [subsection (b)](#b), including implementation of monitoring and notification programs by the Administrator under [subsection (h)](#h), $30,000,000 for each of fiscal years 2001 through 2005.

## Source credit

(June 30, 1948, ch. 758, title IV, § 406, as added Pub. L. 106–284, § 4, Oct. 10, 2000, 114 Stat. 872.)