US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 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)
1
1 So in original. Probably should be “to”.
33 U.S.C. 1251 for services and activities carried out pursuant ot  the Federal Water Pollution Control Act [ et seq.] is $10,000,000; and
(B)
2
2 See References in Text note below.
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 , pursuant to sections 2625(b) and 2665(e)(2)  of title 15, and such sums specifically authorized by the Clean Air Act Amendments of 1990.
(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

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

(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, § 6501104 Stat. 1388–320(, , .)

Editorial Notes

References in Text

act June 30, 1948, ch. 758Pub. L. 92–500, § 286 Stat. 816section 1251 of Title 33The Federal Water Pollution Control Act, referred to in subsec. (c)(1)(A), is , as amended generally by , , , which is classified generally to chapter 26 (§ 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 and Tables.

Section 2665(e)(2) of title 15section 2665(d)(2) of Title 15Pub. L. 104–66, title II, § 2021l109 Stat. 728, referred to in subsec. (c)(1)(B), was redesignated , Commerce and Trade, by ()(2), , .

Pub. L. 101–549104 Stat. 2399section 7401 of this titleThe Clean Air Act Amendments of 1990, referred to in subsec. (c)(1)(B), means , , . For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under and Tables.

Codification

section 9701 of title 3131 U.S.C. 9701Pub. L. 97–258, § 4(b)96 Stat. 1067In subsec. (d), “” was in the original “the Independent Office Appropriations Act ()” and substitution was made as if it read for “title V of the Independent Offices Appropriation Act of 1952” on authority of , , , 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.

Statutory Notes and Related Subsidiaries

Change of Name

section 1(a) of Pub. L. 104–14section 21 of Title 2Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by , set out as a note preceding , The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, .