FEDERAL WATER POLLUTION CONTROL ACT U.S. ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 ------- DISCRIMINATION PROHIBITED Title VI of the Civil Rights Act of 1964 states: "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Therefore, programs authorized by this Act, like every other program or activity receiving financial assistance from the Department of the Interior, must be operated in compliance with this law. ------- WATER POLLUTION CONTROL ACT as amended by the Federal Water Pollution Control Act Amendments of 1961—(Public Law 87-88), the Water Quality Act of 1965—(Public Law 89-234), the Clean Water Restoration Act of 1966—(Public Law 89-753), and the Water Quality Improvement Act of 1970—(Public Law 91-224). Appendices: • Reorganization Plan No. 2 of 1966 • Executive Order 11507-—Prevention, Control, and Abatement of Air and Water Pollution at Federal Facilities September 1971 ri N'pnrrK°nme?al Protection Agency GLNPO Library Collection (PL-12J) 77 West Jackson Boulevard Chicago, IL 60604-3590 ' ------- ------- SECTION I FEDERAL WATER POLLUTION CONTROL ACT, As AMENDED 1 (33 U.S.C. 466 et seq.) Note: Functions of the Secretary of Health, Education, and Wel- fare under this Act were transferred, effective May 10, 1966, to the Secretary of the Interior, pursuant to Reorganization Plan No. 2 of 1966. The reorganization plan excepted from the transfer certain func- tions related to public health aspects of water pollution. This print of the Act reflects the transfer of functions pursuant to the reorganiza- tion plan. See text of reorganization plan, Appendix A. DECLARATION OF POLICY SECTION. 1. (a) The purpose of this Act is to enhance the quality and value of our water resources and to establish a national policy for the prevention, control, and abatement of water pollution.8 (b) In connection with the exercise of jurisdiction over the water- ways of the Nation and in consequence of the benefits resulting to the public health and welfare by the prevention and control of water pol- lution, it is hereby declared to be the policy of Congress to recognize, preserve, and protect the primary responsibilities and rights of the States in preventing and controlling water pollution, to support and aid technical research relating to the prevention and control of water pollution, and to provide Federal technical services and financial aid to State and interstate agencies and to municipalities in connection with the prevention and control of water pollution. The Secretary of the Interior (hereinafter in this Act called "Secretary") shall ad- minister this Act through the Administration created by section 2 of this Act, and with the assistance of an Assistant Secretary of the Interior designated by him, shall supervise and direct the head of such Administration in administering this Act. Such Assistant Secretary shall perform such additional functions as the Secretary may prescribe. (c) Nothing in this Act shall be construed as impairing or in any manner affecting any right or jurisdiction of the States with respect to the waters (including boundary waters) of such States. 1 Basic Act (Public Law 84-660), approved July 9, 1956, amended by the Federal Water Pollution Control Act Amendments of 1961 (Public Law 87-88), approved July 20 1961, by the Water Quality Act of 1965 (Public Law 89-234), approved October 2 1965 by the Clean Water Restoration Act of 1966 (Public Law 89-753), approved November 3, 1966 and by the Water Quality Improvement Act of 1970 (Public Law 91-224), approved April 3, 19TO. 2 This subsection added by sec. 1, P.L. 87-88. (5) ------- FEDERAL WATER QUALITY ADMINISTRATION- SEC. 2. Effective ninety days after the date of enactment of this section 3 there is created within the Department of the Interior a Federal Water Quality Administration4 (hereinafter in this Act re- ferred to as the "Administration"). The head of the Administration shall be appointed, and his compensation fixed, by the Secretary. The head of the Administration may, in addition to regular staff of the Administration, which shall be initially provided from the personnel of the Department, obtain, from within the Department or otherwise as authorized by law, such professional, technical, and clerical assist- ance as may be necessary to discharge the Administration's functions and may for that purpose use funds available for carrying out such functions; and he may delegate any of his functions to, or otherwise authorize their performance by, an officer or employee of, or assigned or detailed to, the Administration. COMPREHENSIVE PROGRAMS FOR WATER POLLUTION CONTROL SEC. 3. (a) The Secretary shall, after careful investigation, and in cooperation with other Federal agencies, with State water pollution control agencies and interstate agencies, and with the municipalities and industries involved, prepare or develop comprehensive programs for eliminating or reducing the pollution of interstate waters and tri- butaries thereof and improving the sanitary condition of surface and underground waters. In the development of such comprehensive pro- grams due regard shall be given to the improvements which are neces- sary to conserve such waters for public water supplies, propagation of fish and aquatic life and wildlife, recreational purposes, and agri- cultural, industrial, and other legitimate uses. For the purpose of this section, the Secretary is authorized to make joint investigations with any such agencies of the condition of any waters in any State or States, and of the discharges of any sewage, industrial wastes, or substance which may adversely affect such waters. (b)5(l) In the survey or planning of any reservoir by the Corps of Engineers, Bureau of Keclamation, or other Federal agency, con- sideration shall be given to inclusion of storage for regulation of streamflow for the purpose of water quality control, except that any such storage and water releases shall not be provided as a substitute for adequate treatment or other methods of controlling waste at the source. (2) The need for and the value of storage for this purpose shall be determined by these agencies, with the advice of the Secretary, and his views on these matters shall be set forth in any report or pres- entation to the Congress proposing authorization or construction of any reservoir including such storage. (3) The value of such storage shall be taken into account in deter- mining the economic value of the entire project of which it is a part, and costs shall be allocated to the purpose of water quality control in a manner which will insure that all project purposes share equitably in the benefits of multiple-purpose construction. 3 This section added by sec. 2, Public Law 89-234, approved October 2, 1965. * This name added by sec. 110 Public Law 91-224. 5 This subsection added by sec. 2, Public Law 87-88. ------- (4) Costs of water quality control features incorporated in any Federal reservoir or other impoundment under the provisions of this Act shall be determined and the beneficiaries identified and if the benefits are widespread or national in scope, the costs of such features shall be nonreimbursable. (c)6(l) The Secretary shall, at the request of the Governor of a State, or a majority of the governors when more than one State is involved, make a grant to pay not to exceed 50 per centum of the administrative expenses of a planning agency for a period not to exceed 3 years, if such agency provides for adequate representation of appro- priate State, interstate, local, or (when appropriate) international, interests in the basin or portion thereof involved and is capable of developing an effective, comprehensive water quality control and abate- ment plan for a basin. (2) Each planning agency receiving a grant under this subsection shall develop a comprehensive pollution control and abatement plan for the basin which— (A) is consistent with any applicable water quality standards established pursuant to current law within the basin; (B) recommends such treatment works and sewer systems as will provide the most effective and economical means of collection, storage, treatment, and purification of wastes and recommends means to encourage both municipal and industrial use of such works and systems; and (C) recommends maintenance and improvement of water qual- ity standards within the basin or portion thereof and recommends methods of adequately financing those facilities as may be neces- sary to implement the plan. (3) For the purposes of this subsection the term "basin" includes, but is not limited to, rivers and their tributaries, streams, coastal waters, sounds, estuaries, bays, lakes, and portions thereof, as well as the lands drained thereby. INTERSTATE COOPERATION AND UNIFORM LAWS SEC. 4. (a) The Secretary shall encourage cooperative activities by the States for the prevention and control of water pollution; encourage the enactment of improved and, so far as practicable, uniform State laws relating to the prevention and control of water pollution; and encourage compacts between States for the prevention and control of water pollution. (b) The consent of the Congress is hereby given to two or more States to negotiate and enter into agreements or compacts, not in con- flict with any law or treaty of the United States, for (1) cooperative effort and mutual assistance for the prevention and control of water pollution and the enforcement of their respective laws relating thereto, and (2) the establishment of such agencies, joint or otherwise, as they may deem desirable for making effective such agreements and com- pacts. No such agreement or compact shall be binding or obligatory upon any State a party thereto unless and until it has been approved by the Congress. 6 This subsection added by sec. 101, Public Law 89-753. ------- RESEARCH, INVESTIGATIONS, TRAINING, AND INFORMATION SEC. 5. (a) The Secretary shall conduct in the Department of the Interior and encourage, cooperate with, and render assistance to other appropriate public (whether Federal, State, interstate, or local) authorities, agencies, and institutions, private agencies and institu- tions, and individuals in the conduct of, and promote the coordination of, research, investigations, experiments, demonstrations, and studies relating to the causes, control, and prevention of water pollution. In carrying out the foregoing, the Secretary is authorized to— (1) collect and make available, through publications and other appropriate means, the results of and other information as to research, investigations, and demonstrations relating to the pre- vention and control of water pollution, including appropriate recommendations in connection therewith; (2) make grants-in-aid to public or private agencies and insti- tutions and to individuals for research or training projects and for demonstrations, and provide for the conduct of research, train- ing, and demonstrations by contract with public or private agen- cies and institutions and with individuals without regard to sections 3648 and 3709 of the Eevised Statutes; (3) secure, from time to time and for such periods as he deems advisable, the assistance and advice of experts, scholars, and con- sultants as authorized by section 15 of the Administrative Ex- penses Act of 1946 (5 U.S.C. 55a); (4) establish and maintain research fellowships in the Depart- ment of the Interior with such stipends and allowances, including traveling and subsistence expenses, as he may deem necessary to procure the assistance of the most promising research fellowships: Provided, That the Secretary shall report annually to the appro- priate committees of Congress on his operations under this para- graph 7; and (5) provide training in technical matters relating to the causes, prevention, and control of water pollution to personnel of public agencies and other persons with suitable qualifications. (b) The Secretary may, upon request of any State water pollution control agency, or interstate agency, conduct investigations and re- search and make surveys concerning any specific problem of water pol- lution confronting any State, interstate agency, community, municipal- ity, or industrial plant, with a view of recommending a solution of such problem. (c) The Secretary shall, in cooperation with other Federal, State, and local agencies having related responsibilities, collect and dissemi- nate basic data on chemical, physical, and biological water quality and other information insofar as such data or other information relate to water pollution and the prevention and control thereof. (d)8 In carrying out the provisions of this section the Secretary shall 7 This proviso added by sec. 3, Public Law 87-88. 8 Sec. 3(b), Public Law 87-88, was amended by sec. 201 (c), Public Law 89-753. Amend- ment strikes out "(1)" before remaining language of subsection, and strikes out this pro- vision : "(2) for the purposes of this subsection there is authorized to be appropriated not more than $5,000,000 for any fiscal year, and the total sum appropriated for such purposes shall not exceed $25,000,000." ------- develop and demonstrate under varied conditions (including conduct- ing such basic and applied research, studies, and experiments as may be necessary) : (A) Practicable means of treating municipal sewage and other waterborne wastes to remove the maximum possible amounts of physical, chemical, ard biological pollutants in order to restore and maintain the maximum amount of the Nation's water at a quality suitable for repeated reuse ; (B) Improved methods and procedures to identify and measure the effects of pollutants on water uses, including those pollutants created by new technological developments; and (C) Methods and procedures for evaluating the effects on water quality and water uses of augmented streamflows to control water pollution not susceptible to other means of abatement. (e)9 The Secretary shall establish, equip, and maintain field labora- tory and research facilities, including, but not limited to, one to be located in the northeastern area of the United States, one in the Middle Atlantic area, one in the southeastern area, one in the midwestern area, one in the southwestern area, one in the Pacific Northwest, and one in the State of Alaska, for the conduct of research, investigations, experi- ments, field demonstrations and studies, and training relating to the prevention and control of water pollution. Insofar as practicable, each such facility shall be located near institutions of higher learning in which graduate training in such research might be carried out. (f)9 The Secretary shall conduct research and technical develop- ment work, and make studies, with respect to the quality of the waters of the Great Lakes, including an analysis of the present and projected future water quality of the Great Lakes under varying conditions of waste treatment and disposal, an evaluation of the water quality needs of those to be served by such waters, an evaluation of municipal, indus- trial, and vessel waste treatment and disposal practices with respect to such waters, and a study of alternate means of solving water pollu- tion problems (including additional waste treatment measures) with respect to such waters. (g) 10(1) For the purpose of providing an adequate supply of trained personnel to operate and maintain existing and future treatment works and related activities, and for the purpose of enhancing substantially the proficiency of those engaged in such activities, the Secretary shall finance a pilot program, in cooperation with State and interstate a-gencies, municipalities, educational institutions, and other organiza- tions and individuals, of manpower development and training and retraining of persons in, on entering into, the field of operation and maintenance of treatment works and related activities. Such program and any funds expended for such a program shall supplement, not sup- plant, other manpower and training programs and funds available for the purposes of this paragraph. The Secretary is authorized, under such terms and conditions as he deems appropriate, to enter into agree- ments with one or more States, acting jointly or severally, or with other public or private agencies or institutions for the development and implementation of such a program. 9 This subsection added by sec. 3, Public Law 87-88. 10 This subsection added by sec. 105, Public Law 91-224. 442-867 O - 71 - 2 ------- 10 (2) The Secretary is 'authorized to enter into agreements with pub- lic and private agencies and institutions, and individuals to develop and maintain an effective system for forecasting the supply of, and demand for, various professional and other occupational categories needed for the prevention, control, and abatement of water pollution in each region, State, or area of the United States and, from time to time, to publish the results of such forecasts. (3) In furtherance of the purposes of this Act, the Secretary is authorized to— " (A) make grants to public or private agencies and institutions and to individuals for training projects, and provide for the con- duct of training by contract with public or private agencies and institutions and with individuals without regard to sections 3648 and 3709 of the Revised Statutes; " (B) establish and maintain research fellowships in the Depart- ment of the Interior with such stipends and allowances, including traveling and subsistence expenses, as he may deem necessary to procure the assistance of the most promising research fellowships; and "(C) provide, in addition to the program established under paragraph (1) of this subsection, training in technical matters relating to the causes, prevention, and control of water pollution for personnel of public agencies and other persons with suitable qualifications." (4) The Secretary shall submit, through the President, a report to the Congress within eighteen months from the date of enactment of this subsection, summarizing the actions taken under this subsection and the effectiveness of such actions, and setting forth the number of persons trained, the occupational categories for which training was provided, the effectiveness of other Federal, State, and local training programs in this field, together with estimates of future needs, recom- mendations on improving training programs, and such other infor- mation and recommendations, including legislative recommendations, as he deems appropriate. (h) The Secretary is authorized to enter into contracts with, or make grants to, public or private agencies and organizations and indi- viduals for (A) the purpose of developing and demonstrating new or improved methods for the prevention, removal, and control of natural or manmade pollution in lakes, including the undesirable effects of nutrients and vegetation, and (B) the construction of pub- licly owned research facilities for such purpose.7 (i) The Secretary shall— "(A) engage in such research, studies, experiments, and demon- strations as he deems appropriate, relative to the removal of oil from any waters and to the prevention and control of oil pollution; "(B) publish from time to time the results of such activities; 'and "(C) from time to time, develop and publish in the Federal Register specifications and other technical information on the various chemical compounds used as dispersants or emulsifiers in the control of oil spills." ------- 11 In carrying out this subsection, the Secretary may enter into contracts with, or make grants to, public or private agencies and organizations and individuals.11 (j) The Secretary shall engage in such research, studies, experi- ments, and demonstrations as he deems appropriate relative to equip- ment which is to be installed on board a vessel and is designed to receive, retain, treat, or discharge human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes with particular emphasis on equipment to be installed on small recreational vessels. The Secretary shall report to Congress the results of such research, studies, experiments, and demonstrations prior to the effective date of any standards established under section 13 of this Act. In carrying out this subsection the Secretary may enter into con- tracts with, or make grants to, public or private organizations and individuals.11 (k) In carrying out the provisions of this section relating to the conduct by the Secretary of demonstration projects and the develop- ment of field laboratories and research facilities, the Secretary may acquire land and interests therein by purchase, with appropriated or donated funds, by donation, or by exchange for acquired or public lands under his jurisdiction which he classifies as suitable for disposi- tion. The values of the properties so exchanged either shall be approxi- mately equal, or if they are not approximately equal, the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require.11 (1)(1) The Secretary shall, after consultation with appropriate local. State, and Federal agencies, public and private organizations, and interested individuals, as soon as practicable but not later than two years after the effective date of this subsection, develop and issue to the States for the purpose of adopting standards pursuant to sec- tion 10 (c) the latest scientific knowledge available in indicating the kind and extent of effects on health and welfare which may be ex- pected from the presence of pesticides in the water in varying quan- tities. He shall revise and add to such information whenever necessary to reflect developing scientific knowledge. (2) For the purpose of assuring effective implementation of stand- ards adopted pursuant to paragraph (1) the President shall, in con- sultation with appropriate local, State, and Federal agencies, public and private organizations, and interested individuals, conduct a study and investigation of methods to control the release of pesticides into the environment which study shall include examination of the per- sistency of pesticides in the water environment and alternatives thereto. The President shall submit a report on such investigation to Congress together with his recommendations for any necessary legisla- tion within two years after the effective date of this subsection.11 (m) (1) The Secretary shall, in cooperation with the Secretary of the Army, the Secretary of Agriculture, the Water Kesources Council, and with other appropriate Federal, State, interstate, or local public bodies and private organizations, institutions, and individuals, conduct and promote, and encourage contributions to, a comprehensive study of the u These subsections added by sec. 105, Public Law 91-224. ------- 12 effects of pollution, including sedimentation, in the estuaries and estuarine zones of the United States on fish and wildlife, on sport and commercial fishing, on recreation, on water supply and water power, and on other beneficial purposes. Such study shall also consider the effect of demographic trends, the exploitation of mineral resources and fossil fuels, land and industrial development, navigation, flood and erosion control, and other uses of estuaries and estuarine zones upon the pollution of the waters therein. (2) In conducting the above study, the Secretary shall assemble, coordinate, and organize all existing pertinent information on the Nation's estuaries and estuarine zones; carry out a program of investi- gations and surveys to supplement existing information in representa- tive estuaries and estuarine zones; and identify the problems and areas where further research and study are required. (3) The Secretary shall submit to the Congress a final report of the study authorized by this subsection not later than three years after the date of enactment of this subsection. Copies of the report shall be made available to all interested parties, public and private. The report shall include, but not be limited to— (A) an analysis of the importance of estuaries to the economic and social well-being of the people of the United States and of the effects of pollution upon the use and enjoyment of such estuaries; (B) a discussion of the major economic, social, and ecological trends occurring in the estuarine zones of the Nation; (C) recommendations for a comprehensive national program for the preservation, study, use, and development of estuaries of the Nation, and the respective responsibilities which should be assumed by Federal, State, and local governments and by public and private interests. (4) There is authorized to be appropriated the sum of $1,000,000 per fiscal year for the fiscal years ending June 30, 1967, June 30, 1968, June 30, 1969, June 30, 1970, and June 30, 1971 to carry out the pur- poses of this subsection.12 (5) For the purpose of this subsection, the term "estuarine zones" means an environmental system consisting of an estuary and those transitional areas which are consistently influenced or affected by water from an estuary such as, but not limited to, salt marshes, coastal and intertidal areas, bays, harbors, lagoons, inshore waters, and chan- nels, and the term "estuary" means all or part of the mouth of a navigable or interstate river or stream or other body of water having unimpaired natural connection with open sea and within which the sea water is measurably diluted with fresh water derived from land drainage.13 (n) There is authorized to be appropriated to carry out this section, other than subsection (g) (1) and (2), not to exceed $65,000,000 per fiscal year for each of the fiscal years ending June 30, 1969, June 30, 1970, and June 30, 1971. There is authorized to be appropriated to carry out subsection (g) (1) of this section $5,000,000 for the fiscal 12 Extension added by sec. 103, Public Law 91-224. uThis subsection added by sec. 201 (b), Public Law 89-753, renumbered by sec. 105, Public Law 91-224. ------- 13 year ending June 30, 1970, and $7,500,000 for the fiscal year ending June 30,1971. There is authorized to be appropriated to carry out sub- section (g) (2) of this section $2,500,000 per fiscal year for each of the fiscal years ending June 30, 1970, and June 30, 1971.14 GRANTS FOR RESEARCH AND DEVELOPMENT SEC. 6.15 (a) The Secretary is authorized to make grants to any State, municipality, or intermunicipal or interstate agency for the purpose of— (1) assisting in the development, of any project which will dem- onstrate a new or improved method of controlling the discharge into any waters of untreated or inadequately treated sewage or other wastes from sewers which carry storm water or both storm water and sewage or other wastes, or (2) assisting in the development of any project which will demonstrate advanced waste treatment and water purification methods (including the temporary use of new or improved chemi- cal additives which provide substantial immediate improvement to existing treatment processes) or new or improved methods of joint treatment systems for municipal and industrial wastes, and for the purpose of reports, plans, and specifications in connection therewith. (b) The Secretary is authorized to make grants to persons for re- search and demonstration projects for prevention of pollution of waters by industry including, but not limited to, treatment of indus- trial waste. (c) Federal grants under subsection (a) of this section shall be subject to the following limitations: (1) No grant shall be made for any project pursuant to this section unless such project shall have been approved by the appro- priate State water pollution control agency or agencies and by the Secretary; (2) No grant shall be made for any project in an amount exceeding 75 per centum of the estimated reasonable cost thereof as determined by the Secretary; and (3) No grant shall be made for any project under this section unless the Secretary determines that such project will serve as a useful demonstration for the purpose set forth in clause (1) or (2) of subsection (a). (d) Federal grants under subsection (b) of this section shall be subject to the following limitations: (i) No grant shall be made under this section in excess of $1,000,000; (2) No grant shall be made for more than 70 per centum of the cost of the project; and (3) No grant shall be made for any project unless the Secretary determines that such project will serve a useful purpose in the development or demonstration of a new or improved method of -,ntlr?nl? .sul>section originally added by sec. 201 (d), Public Law 89-753, amended by sec. 105, Public Law 01-224. is This subsection originally added by sec. 4, Public Law 80-284, amended bv sec 201 (a), Public Law 89-753. ------- 14 treating industrial wastes or otherwise preventing pollution of waters by industry, which method shall have industry-wide application. (e) For the purposes of this section there are authorized to be appropriated— (1) for the fiscal year ending June 30,1966, and for each of the next five succeeding fiscal years, the sum of $20,000,000 per fiscal year for the purposes set forth in subsections (a) and (b) of this section, including contracts pursuant to such subsections for such purposes; (2) for the fiscal year ending June 30,1967, and for each of the next four succeeding fiscal years, the sum of $20,000,000 per fiscal year for the purpose set forth in clause (2) of subsection (a); and (3) for the fiscal year ending June 30,1967, and for each of the next four succeeding fiscal years, the sum of $20,000,000 per fiscal year for the purpose set forth in subsection (b).16 GRANTS FOR WATER POLLUTION CONTROL PROGRAMS SEC. 7. (a) 17 There are hereby authorized to be appropriated for the fiscal year ending June 30,1957, and for each succeeding fiscal year to and including the fiscal year ending June 30,1961, $3,000,000, for each succeeding fiscal year to and including the fiscal year ending June 30, 1967, $5,000,000, and for each succeeding fiscal year to and including the fiscal year ending June 30, 1971, $10,000,000 for grants to States and to interstate agencies to assist them in meeting the costs of estab- lishing and maintaining adequate measures for the prevention and control of water pollution, including the training of personnel of public agencies. (b) The portion of the sums appropriated pursuant to subsection (a) for a fiscal year which shall be available for grants to interstate agencies and the portion thereof which shall be available for grants to States shall be specified in the Act appropriating such sums. (c) From the sums available therefor for any fiscal year the Secre- tary shall from time to time make allotments to the several States, in accordance with regulations, on the basis of (1) the population, (2) the extent of the water pollution problem, and (3) the financial need of the respective States. (d) From each State's allotment under subsection (c) for any fiscal year the Secretary shall pay to such State an amount equal to its Fed- eral share (as determined under subsection (h)) of the cost of carrying out its State plan approved under subsection (f), including the cost of training personnel for State and local water pollution control work and including the cost of administering the State plan. (e) From the sums available therefor for any fiscal year the Sec- retary shall from time to time make allotments to interstate agencies, in accordance with regulations, on such basis as the Secretary finds reasonable and equitable. He shall from time to time pay to each such agency, from its allotment, an amount equal to such portion of the "This subsection amendesd by sec. 106, Public Law 91-224, approved April 3 1970 17 This subsection amended by sec. 202, Public Law 89-753. ------- 15 cost of carrying out its plan approved under subsection (f) as may be determined in accordance with regulations, including the cost of train- ing personnel for water pollution control work and including the cost of administering the interstate agency's plan. The regulations relating to the portion of the cost of carrying out the interstate agency's plan which shall be borne by the United States shall be designed to place such agencies, so far as practicable, on a basis similar to that of the States. (f) The Secretary shall approve any plan for the prevention and control of water pollution which is submitted by the State water pol- lution control agency or, in the case of an interstate agency, by such agency, if such plan (1) provides for administration or for the supervision of ad- ministration of the plan by the State water pollution control agency or, in the case of a plan submitted by an interstate agency, by such interstate agency; (2) provides that such agency will make such reports, in such form and containing such information, as the Secretary may from time to time reasonably require to carry out his functions under this Act; (3) sets forth the plans, policies, and methods to be followed in carrying out the State (or interstate) plan and in its administra- tion ; (4) provides for extension or improvement of the State or inter- state program for prevention and control of water pollution; (5) provides such accounting, budgeting, and other fiscal meth- ods and procedures as are necessary for the proper and efficient administration of the plan; and (6) sets forth the criteria used by the State in determining pri- ority of projects as provided in section 8(b) (4).1S The Secretary shall not disapprove any plan without first giving rea- sonable notice and opportunity for hearing to the State water pollution control agency or interstate agency which has submitted such plan. (g) (1) Whenever the Secretary, after reasonable notice and oppor- tunity for hearing to a State water pollution control agency or inter- state agency finds that (A) the plan submitted by such agency and approved under this section has been so changed that it no longer complies with a requirement of subsection (f) of this section; or (B) in the administration of the plan there is a failure to comply substantially with such a requirement, the Secretary shall notify such agency that no further payments will be made to the State or to the interstate agency, as the case may be, under this section (or in his discretion that further payments will not be made to the State, or to the interstate agency, for projects under or parts of the plan affected by such failure) until he is satisfied that there will no longer be any such failure. Until he is so satisfied, the Secretary shall make no further payments to such State, or to such interstate agency, as the case may be, under this section (or shall limit payments to projects under or parts of the plan in which there is no such failure). (2) If any State or any interstate agency is dissatisfied with the 18 Added by sec. 4(b), Public Law 87-88. ------- 16 Secretary's action with respect to it under this subsection, it may ap- peal to the United States court of appeals for the circuit in which such State (or any 01 the member States, in the case of an interstate agency) is located. The summons and notice of appeal may be served at any place in the United States. The findings of fact by the Secretary, unless contrary to the weight of the evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action. Such new or modified findings of fact shall likewise be conclusiA'e unless contrary to the weight of the evidence. The court shall have jurisdic- tion to affirm the action of the Secretary or to set it aside, in \vhole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in title 28, United States Code, section 1254. (h) 19(1) The "Federal share" for any State shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States, except that (A) the Federal share shall in no case be more than 66% per centum or less than 33i/3 per centum, and (B) the Federal share for Puerto Rico and the Virgin Islands shall be 66% per centum. (2) The "Federal shares" shall be promulgated by the Secretary between July 1 and September 30 of each even-numbered yeai1, on the basis of the average of the per capita incomes of the States and of the continental United States for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce. (3) As used in this subsection, the term "United States" means the fifty States and the District of Columbia. (4) Promulgations made before satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska shall prescribe a Federal share for Alaska of 50 per centum and, for purposes of such promulgations, Alaska shall not be included as part of the "United States". Promulgations made there- after but before per capita income data for Alaska for a full three- year period are available for the Department of Commerce shall be based on satisfactory data available therefrom for Alaska for such one full year or, when such data are available for a two-year period, for such two years. (i) The population of the several States shall be determined on the basis of the latest figures furnished by the Department of Commerce. (j) The method of computing and paying amounts pursuant to sub- section (d) or (e) shall be as follows: (1) The Secretary shall, prior to the beginning of each calendar quarter or other period prescribed by him, estimate the amount to be paid to each State (or to each interstate agency in the case of sub- section (e)) under the provisions of such subsection for such period, such estimate to be based on such records of the State (or the interstate * Amended by sec. 23, Public Law 86-6?4. ------- 17 agency) and information furnished by it, and such other investiga- tion, as the Secretary may find necessary. (2) The Secretary shall pay to the State (or to the interstate agency), from the allotment available therefor, the amount so esti- mated by him for any period, reduced or increased, as the case may be, by any sum (not previously adjusted under this paragraph) by which he finds that his estimate of the amount to be paid such State (or such interstate agency) for any prior period under such subsection was §reater or less than the amount which should have been paid to such tate (or such agency) for such prior period under such subsection. Such payments shall be made through the disbursing facilities of the Treasury Department, in such installments as the Secretary may determine. GRANTS FOR CONSTRUCTION SEC. 8. (a) The Secretary is authorized to make grants to any State, municipality, or intermunicipal or interstate agency for the construc- tion of necessary treatment works to prevent the discharge of un- treated or inadequately treated sewage or other waste into any waters and for the purpose of reports, plans, and specifications in connection therewith. (b) Federal grants under this section shall be subject to the follow- ing limitations : (1) No grant shall be made for any project pursuant to this section unless such project shall have been approved by the appropriate State water pollution control agency or agencies and by the Secretary and unless such project is included in a comprehensive program developed pursuant to this Act; (2) no grant shall be made for any project in an amount exceeding 30 per centum of the estimated reasonable cost thereof as determined by the Secretary; (3) no grant shall be made unless the grantee agrees to pay the remaining cost; (4) no grant shall be made for any project under this section until the applicant has made provision satisfactory to the Secretary for assuring proper and efficient operation and maintenance of the treatment works after completion of the construction thereof; and (5) no grant shall be made for any project under this section unless such project is in con- formity with the State water pollution control plan submitted pur- suant to the provisions of section 7 and has been certified by the appropriate State water pollution control agency as entitled to priority over other eligible projects on the basis of financial as well as water pollution control needs; (6) the percentage limitation of 30 per centum imposed by clause (2) of this subsection shall be increased to a maxi- mum of 40 per centum in the case of grants made under this section from funds allocated for a fiscal year to a State under subsection (c) of this section if the State agrees to pay not less than 30 per centum of the estimated reasonable cost (as determined by the Secretary) of all proj- ects for which Federal grants are to be made under this section from such allocation; (7) the percentage limitations imposed by clause (2) of this subsection shall be increased to a maximum of 50 per centum in the case of grants made under this section from funds allocated for a fiscal year to a State under subsection (c) of this section if the State agrees to pay not less than 25 per centum of the estimated reasonable costs (as determined by the Secretary) of all projects for which Fed- 442-867 0-71-3 ------- 18 eral grants are to be made under this section from such allocation 'and if enforceable water quality standards have been established for the waters into which the project discharges, in accordance with section 10(c) of this Act in the case of interstate waters, and under State law in the case of intrastate waters.20 (c) In determining the desirability of projects for treatment works and of approving Federal financial aid in connection therewith, con- sideration shall be given by the Secretary to the public benefits to be derived by the construction and the propriety of Federal aid in such construction, the relation of the ultimate cost of constructing and main- taining the works to the public interest and to the public necessity for the works, and the adequacy of the provisions made or proposed by the applicant for such Federal financial aid for assuring proper and effi- cient operation and maintenance of the treatment works after comple- tion of the construction thereof. The sums appropriated pursuant to subsections (d) for each fiscal year ending on or before June 30,1965, and the first $100,000,000 appropriated pursuant to subsection (d) for each fiscal year beginning on or after July 1,1965,21 shall be allotted by the Secretary from time to time, in accordance with regulations, as follows: (1) 50 per centum of such sums in the ratio that the popula- tion of each State bears to the population of all the States, and (2) 50 per centum of such sums in the ratio that the quotient obtained by dividing the per capita income of the United States by the per capita income of each State bears to the sum of such quotients for all the States. All sums in excess of $100,000,000 appropriated pursuant to subsection (d) for each fiscal year beginning on or after July 1,1965, shall be allotted by the Secretary from time to time, in accordance with regulations, in the ratio that the population of each State bears to the population of all States. Sums allotted to a State under the two preceding sentences which are not obligated within six months fol- lowing the end of the fiscal year for which they were allotted because of a lack of projects which have been approved by the State water pollution control agency under subsection (b) (1) of this section and certified as entitled to priority under subsection (b) (4) of this section, shall be reallotted by the Secretary, on such basis as he determines to be reasonable and equitable and in accordance with regulations promul- gated by him, to States having projects approved under this section for which grants have not been made because of lack of funds includ- ing States having projects eligible for reimbursement pursuant to the sixth and seventh sentence of this subsection:22 Provided, however, that whenever a State has funds subject to reallocation and the Secre- tary finds that the need for a project in a community in such State is due in part to any Federal institution or Federal construction activity, he may, prior to such reallocation, make an additional grant with respect to such project which will in his judgment reflect an equitable contribution for the need caused by such Federal institution or ac- tivity. Any sum made available to a State by reallotment under the preceding sentence shall be in addition to any funds otherwise allotted to such State under this Act. The allotments of a State under the 20 Subsection 8 (b) amended by section 203, P.L. 89-753. a Added by sec. 4, Public Law 89-234. 22 Added by sec 111, Public Law 91-224. ------- 19 second, third, and fourth sentences of this subsection shall be available, in accordance with the provisions of this section, for payments with respect to projects in such State which have been approved under this section, except23 that in the case of any project on which construction was initiated in such State after June 30,1966, which was approved by the appropriate State water pollution control agency and which the Secretary finds meets the requirements of this section but was con- structed without such assistance, such allotments for any fiscal year ending prior to July 1, 1971, shall also be available for payments in reimbursement of State or local funds used for such project prior to July 1, 1971, to the extent that assistance could have been provided under this section if such project had been approved pursuant to this section and adequate funds had been available. In the case of any project on which construction was initiated in such State after June 30, 1966, and which was constructed with assistance pursuant to this section but the amount of such assistance was a lesser per cen- tum of the cost of construction than was allowable pursuant to this section, such allotments shall also be available for payments in re- imbursement of State or local funds used for such project prior to July 1, 1971, to the extent that assistance could have been provided under this section if adequate funds had been available. Neither a findings by the Secretary that a project meets the requirements of this subsection, nor any other provision of this subsection, shall be construed to constitute a commitment or obligation of the United States to provide funds to make or pay any grant for such project. For purposes of this section, population shall be determined on the basis of the latest decennial census for which figures are available, as cer- tified by the Secretary of Commerce, and per capita income for each State and for the United States shall be determined on the basis of the average of the per capita incomes of the States and of the con- tinental United States for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce. (d)24 There are hereby authorized to be appropriated for each fiscal year through and including the fiscal year ending June 30, 1961, the sum of $50,000,000 per fiscal year for the purpose of making grants under this section. There are hereby authorized to be appropriated, for the purpose of making grants under this section, $80,000,000 for the fiscal year ending June 30,1962, $90,000,000 for the fiscal year end- ing June 30,1963, $100,000,000 for the fiscal year ending June 30,1964, $100,000,000 for the fiscal year ending June 30, 1965, $150,000,000 for the fiscal year ending June 30,1966, $150,000,000 for the fiscal year end- ing June 30,1967; $450,000,000 for the fiscal year ending June 30,1968; $700,000,000 for the fiscal year ending June 30, 1969; $1,000,000,000 for the fiscal year ending June 30,1970; and $1,250,000,000 for the fiscal year ending June 30, 1971. Sums so appropriated shall remain avail- able until expended. At least 50 per centum of the funds so appro- priated for each fiscal year ending on or before June 30, 1965, and at least 50 per centum of the first $100,000,000 so appropriated for each 23 Reimbursement provision added by sec. 204, Public Law 89-753. 34 This subsection amended by sec. 205, Public Law 89-753. ------- 20 fiscal year beginning on or after July 1, 1965, shall be used for grants for the construction of treatment works servicing municipalities of one hundred and twenty-five thousand population or under. (e) The Secretary shall make payments under this section through the disbursing facilities of the Department of the Treasury. Funds so paid shall be used exclusively to meet the cost of construction of the project for which the amount was paid. As used in this section the term "construction" includes preliminary planning to determine the eco- nomic and engineering feasibility of treatment works, the engineering, architectural, legal, fiscal, and economic investigations and studies, sxirveys, designs, plans, working drawings, specifications, procedures, and other action necessary to the construction of treatment works; and the erection, building, acquisition, alteration, remodeling, improve- ment, or extension of treatment works; and the inspection and super- vision of the construction of treatment works. (f) Notwithstanding any other provisions of this section, the Sec- retary may increase the amount of a grant made under subsection (b) of this section by an additional 10 per centum of the amount of such grant for any project which has been certified to him by an official State, metropolitan, or regional planning agency empowered under State or local laws or interstate compact to perform metropolitan or regional planning for a metropolitan area within which the assistance is to be used, or other agency or instrumentality designated for such purposes by the Governor (or Governors in the case of interstate plan- ning) as being in conformity with the comprehensive plan developed or in process of development for such metropolitan area. For the pur- poses of this subsection, the term "metropolitan area" means either (1) a standard metropolitan statistical area as defined by the Bureau of the Budgetj except as may be determined by th«j President as not being appropriate for the purposes hereof, or (2) any urban area, in- cluding those surrounding areas that form an economic and socially related region, taking into consideration such factors as present and future population trends and patterns of urban growth, location of transportation facilities and systems, and distribution of industrial, commercial, residential, governmental, institutional, and other activ- ities, which in the opinion of the President lends itself as being appro- priate for the purposes hereof.25 (g) The Secretary shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors or subcontractors on projects for which grants are made under this sec- tion 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 determined by the Secretary of Labor, in accordance with the Act of March 3,1931, as amended, known as the Davis-Bacon Act (46 Stat. 1494; 40 U.S.V., sees. 276a through 276a-5). The Secretary of Labor shall have, with respect to the labor standards specified in this subsec- tion, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267; 5 U.S.C. 133z-15) and section 2 of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276c).26 25 Added by see. 4, Public Law 89-234. 29 Added by sec. 4, Public Law 89-234. ------- 21 WATER POLLUTION CONTROL ADVISORY BOARD Sec. 9. (a) (1) There is hereby established in the Department of the Interior a Water Pollution Control Advisory Board, composed of the Secretary or his designee, who shall be chairman 2T and nine members appointed by the President, none of whom shall be Federal officers or employees. The appointed members, having due regard for the pur- poses of this Act, shall be selected from among representatives of vari- ous State, interstate and local governmental agencies, of public or pri- vate interests contributing to, affected by, or concerned with water pollution, and of other public and private agencies, organizations, or groups demonstrating an active interest in the field of water pollution prevention and control, as well as other individuals who are expert in this field. (2) (A) Each member appointed by the President shall hold office for a term of three years, except that (i) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (ii) the terms of office of the members first taking office after June 30,1956, shall expire as follows: three at the end of one year after such date, three at the end of two years after such date, and three at the end of three years after such date, as designated by the President at the time of appointment, and (iii) the term of any member under the preceding provisions shall be extended until the date on which his successor's appointment is effective. None of the members appointed by the President shall be eligible for reappointment within one year after the end of his preceding term but terms commencing prior to the enact- ment of the Water Pollution Control Act Amendments of 1956 shall not be deemed "preceding terms'' for purposes of this sentence. (B) The members of the Board who are not officers or employees of the United States, while attending conferences or meetings of the Board or while otherwise serving at the request of the Secretary, shall be entitled to receive compensation at a rate to be fixed by the Secre- tary, but not exceeding $50 per diem, including travel time, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b-2) for persons in the Government service employed intermittently. (b) The Board shall advise, consult with, and make recommenda- tions to the Secretary on matters of policy relating to the activities and functions of the Secretary under this Act. (c) Such clerical and technical assistance as may be necessary to dis- charge the duties of the Board shall be provided from the personnel of the Department of the Interior. ENFORCEMENT MEASURES AGAINST POLLUTION OF INTERSTATE OR NAVIGABLE WATERS SEC. 10. (a) The pollution of interstate or navigable28 waters in or adjacent to any State or States (whether the matter causing or contrib- 27 Reorganization Plan No. 2 of 1966 provided that the Secretary of Health, Education, and Welfare shall hp an add;tlonil member of the Board. 28 Phrase added by see. 7, Public Law 87-88. ------- 22 uting to such pollution is discharged directly into such waters or reaches such waters after discharge into a tributary of such waters), which endangers the health or welfare of any persons 2S shall be sub- ject to abatement as provided in this Act. (b) Consistent with the policy declaration of this Act, State and interstate action to abate pollution of interstate or navigable waters 28 shall be encouraged and snail not, except as otherwise provided by or pursuant to court order under subsection (h), be displaced by Federal enforcement action. (c) (1) If the Governor of a State or a State water pollution control agency files, within one year after the date of enactment of this sub- section,29 a letter of intent that such State, after public hearings, will before June 30, 1967, adopt (A) water quality criteria applicable to interstate waters or portions thereof within such State, and (B) a plan for the implementation and enforcement of the water quality criteria adopted, and if such criteria and plan are established in accordance with the letter of intent, and if the Secretary determines that such State criteria and plan are consistent with paragraph (3) of this subsection, such State criteria and plan shall thereafter be the water quality standards applicable to such interstate waters or portions thereof. (2) If a State does not (A) file a letter of intent or (B) establish water quality standards in accordance with paragraph (1) of this sub- section, or if the Secretary or the Governor of any State affected by 'water quality standards established pursuant to this subsection desires a revision in such standards, the Secretary may, after reasonable notice and a conference of representatives of appropriate Federal depart- ments and agencies, interstate agencies, States, municipalities and industries involved, prepare regulations setting forth standards of water quality to be applicable to interstate waters or portions thereof. If, within six months from the date the Secretary publishes siich reg- ulations, the State has not adopted water quality standards found by the Secretary to be consistent with paragraph (3) of this subsection, or a petition for public hearing has not been filed under paragraph (4) of this subsection, the Secretary shall promulgate such standards. (3) Standards of quality established pursuant to this subsection shall be such as to protect the public health or welfare, enhance the quality of water and serve the purposes of this Act. In establishing such standards the Secretary, the Hearing Board, or the appropriate State authority shall take into consideration their use and value for public water supplies, propagation of fish and wildlife, recreational purposes, and agricultural, industrial, and other legitimate uses. In establishing such standards the Secretary, the Hearing Board, or the appropriate State authority shall take into consideration their use and value for navigation.30 (4) If at any time prior to 30 days after standards have been pro- mulgated under paragraph (2) of this subsection, the Governor of any State affected by such standards petitions the Secretary for a hearing, the Secretary shall call a public hearing, to be held in or near one or more of the places where the water quality standards will take effect, 89This subsection added by sec. 5(a), Public Law 89-234, approved October 2, 1965. 30 Last sentence added by sec. 112, Public Law 90-224. ------- 23 before a Hearing Board of five or more persons appointed by the Sec- retary. Each State which would be affected by such standards shall be given an opportunity to select one member of the Hearing Board. The Department of Commerce and other affected Federal departments and agencies shall each be given an opportunity to select a member of the Hearing Board 31 and not less than a majority of the Hearing Board shall be persons other than officers or employees of the Depart- ment of the Interior. The members of the Board who are not officers or employees of the United States, while participating in the hearing conducted by such Hearing Board or otherwise engaged on the work of such Hearing Board, shall be entitled to receive compensation at a rate fixed by the Secretary, but not exceeding $100 per diem, including travel time, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b-2) for persons in the Government service employed intermittently. Notice of such hearing shall be published in the Federal Register and given to the State water pollution control agencies, interstate agencies and munici- palities involved at least 30 days prior to the date of such hearing. On the basis of the evidence presented at such hearing, the Hearing Board shall make findings as to whether the standards published or promul- gated by the Secretary should be approved or modified and transmit its findings to the Secretary. If the Hearing Board approves the standards as published or promulgated by the Secretary the stand- ards shall take effect on receipt by the Secretary of the Hearing Board's recommendations. If the Hearing Board recommends modifi- cations in the Standards as published or promulgated by the Secre- tary, the Secretary shall promulgate revised regulations setting forth standards of water quality in accordance with the Hearing Board's recommendations which will become effective immediately upon promulgation. (5) The discharge of matter into such interstate waters or portions thereof, which reduces the quality of such waters below the water quality standards established under this subsection (whether the matter causing or contributing to such reduction is discharged directly into such waters or reaches such waters after discharge into tributaries of such waters), is subject to abatement in accordance with the provi- sions of paragraph (1) or (2) of subsection (g) of this section, except that at least 180 days before any abatement action is initiated under either paragraph (1) or (2) of subsection (g) as authorized by this subsection, the Secretary shall notify the violators and other inter- ested parties of the violation of such standards. In any suit brought under the provisions of this subsection the court shall receive in evi- dence a transcript of the proceedings of the conference and hearing provided for in this subsection, together with the recommendations of the conference and Hearing Board and the recommendations and standards promulgated by the Secretary, and such additional evi- dence, including that relating to the alleged violation of the standards, as it deems necessary to a complete review of the standards and to a 31 Reorganization Plan No. 2 of 1966 provided that the Secretary of the Interior shall give the Secretary of Health, Education, and Welfare an opportunity to select a member of the Hearing Board. ------- 24 determination of all other issues relating to the alleged violation. The court, giving due consideration to the practicability and to the physi- cal and economic feasibility of complying with such standards, shall have jurisdiction to enter such judgment and orders enforcing such judgment as the public interest and the equities of the case may require. (6) Nothing in this subsection shall (A) prevent the application of this section to any case to which subsection (a) of this section would otherwise be applicable, or (BJ extend Federal jurisdiction over water not otherwise authorized by this Act. (7) In connection with any hearings under this section no witness or any other person shall be required to divulge trade secrets or secret processes. (d) (1)32 Whenever requested by the Governor of any State or State water pollution control agency, or (with the concurrence of the Gov- ernor and of the State water pollution control agency for the State in which the municipality is situated) the governing body of any muni- cipality, the Secretary shall, if such request refers to pollution of waters which is endangering the health or welfare of persons in a State other than that in which the discharge or discharges (causing or con- tributing to such pollution) originates, give formal notification thereof to the water pollution control agency and interstate agency, if any, of the State or States where such discharge or discharges origi- nate and shall call promptly a conference of such agency or agencies and of the State water pollution control agency and interstate agency, if any, of the Sictte or States, if any, which may be adversely affected by such pollution. Whenever requested by the Governor of any State, the Secretary shall, if such request refers to pollution of interstate or navigable waters which is endangering the health or welfare of per- sons only in the requesting State in which the discharge or discharges (causing or contributing to such pollution) originate, give formal notification thereof to the water pollution control agency and inter- state agency, if any, of such State and shall promptly call a conference of such agency or agencies, unless, in the judgment of the Secretary, the effect of such pollution on the legitimate uses of the waters is not of sufficient significance to warrant exercise of Federal jurisdiction under this section. The Secretary shall also call such a conference whenever, on the basis of reports, surveys, or studies, he has reason to believe that any pollution referred to in subsection (a) and endanger- ing the health or welfare of persons in a State other than that in which the discharge or discharges originate is occurring33 or he finds that substantial economic injury results from the inability to market shell- fish or shellfish products in interstate commerce because of pollution referred to in subsection (a) and action of Federal, State, or local authorities. (2)34 Whenever the Secretary, upon receipt of reports, surveys, or studies from any duly constituted international agency, has reason to Jw.lieve that any pollution referred to in subsection (a) of this section wit, h endangers the health or welfare of persons in a foreign country 32 Ai nded by sec. 7, Public Law 87-88. 33 Remainder of sentence added by sec. 5(b), Public Law 89-234. 34 This paragraph added by sec. 206, Public Law 89-T53. ------- 25 is occurring, and the Secretary of State requests him to abate such pollution, he shall give formal notification thereof to the State water pollution control agency of the State in which such discharge or dis- charges originate and to the interstate water pollution control agency, if any, and shall call promptly a conference of such agency or agen- cies, if he believes that such pollution is occurring in sufficient quan- tity to warrant such action. The Secretary, through the Secretary of State, shall invite the foreign country which may be adversely affected by the pollution to attend and participate in the conference, and the representative of such country shall, for the purpose of the conference and any further proceeding resulting from such conference, have all the rights of a State water pollution control agency. This paragraph shall apply only to a foreign country which the Secretary determines has given the United States essentially the same rights with respect to the prevention and control of water pollution occurring in that country as is given that country by this paragraph. Nothing in this paragraph shall be construed to modify, amend, repeal, or otherwise affect the provisions of the 1909 Boundary Waters Treaty between Canada and the United States or the Water Utilization Treaty of 1944 between Mexico and the United States (59 Stat. 1219), relative to the control and abatement of water pollution in waters covered by those treaties. (3) The agencies called to attend such conference may bring such persons as they desire to the conference. In addition,35 it shall be the responsibility of the chairman of the conference to give every per- son contributing to the alleged pollution or affected by it an oppor- tunity to make a full statement of his views to the conference. Not less than three weeks' prior notice of the conference date shall be given to such agencies. (4) Following this conference, the Secretary shall prepare and for- ward to all the water pollution control agencies attending the con- ference a summary of conference discussions including (A) occurrence of pollution of interstate or navigable waters subject to 'abatement under this Act; (B) adequacy of measures taken toward abatement of the pollution; and (C) nature of delays, if any, being encountered in abating the pollution. (e) If the Secretary believes, upon the conclusion of the conference or thereafter, that effective progress toward abatement of such pollu- tion is not being made and that the health or welfare of any persons is being endangered, he shall recommend to the appropriate State water pollution control agency that it take necessary remedial action. The Secretary shall allow at least six months from the date he makes such recommendations for the taking of such recommended action.36 (f) (1) If, at the conclusion of the period so allowed, such remedial action has not been taken or action which in the judgment of the Secretary is reasonably calculated to secure abatement of such pollu- tion has not been taken, the Secretary shall call a public hearing, to be held in or near one or more of the places where the discharge or dis- charges causing or contributing to such pollution originated, before a Hearing Board of five or more persons appointed by the Secretary. 33 This sentence added by sec. 207, Public Law 89-753. 3« Amended by sec. 7, Public Law 87-88. 442-867 O - 71 - 4 ------- 26 Each State in which any discharge causing or contributing to such pollution originates and each State claiming to be adversely affected by such pollution shall be given an opportunity to select one member of the Hearing Board 37 and at least one member shall be a representa- tive of the Department of Commerce, and not less than a majority of the Hearing Board shall be persons other than officers or employees of the Department of the Interior. At least three weeks' prior notice of such hearing shall be given to the State water pollution control agen- cies and interstate agencies, if any, called to attend the aforesaid hear- ing and the alleged polluter or polluters. It shall be38 the responsi- bility of the Hearing Board to give every person contributing to the alleged pollution or affected by it an opportunity to make a full state- ment of his views to the Hearing Board. On the basis of the evidence presented at such hearing, the Hearing Board shall make findings as to whether pollution referred to in subsection (a) is occurring and whether effective progress toward abatement thereof is being made. If the Hearing Board finds such pollution is occurring and effective progress toward abatement thereof is not being made it shall make recommendations to the Secretary concerning the measures, if any, which it finds to be reasonable and equitable to secure abatement of such pollution. The Secretary shall send such findings and recom- mendations to the person or persons discharging any matter causing or contributing to such pollution, together with a notice specifying a reasonable time (not Jess than six months) to secure abatement of such pollution, and shall also send such findings and recommendations and such notice to the State water pollution control agency and to the inter- state agency, if any, of the State or States where such discharge or discharges originate. (2)39 In connection with any hearing called under this section the Secretary is authorized to require any person whose alleged activities result in discharges causing or contributing to water pollution to file with him, in such form as he may prescribe, a report based on existing data, furnishing such information as may reasonably be required as to the character, kind, and quantity of such discharges and the use of facilities or other means to prevent or reduce such discharges by the person filing such a report. Such report shall be made under oath or otherwise, as the Secretary may prescribe, and shall be filed with the Secretary within such reasonable period as the Secretary may prescribe, unless additional time be granted by the Secretary. No person shall be required in such report to divulge trade secrets or secret processes, and all information reported shall be considered confidential for the pur- poses of section 1905 of title 18 of the United States Code. (3)40 If any person required to file any report under paragraph (2) of this subsection shall fail to do so within the time fixed by the Secre- tary for filing the same, and such failure shall continue for thirty days after notice of such default, such person shall forfeit to the United States the sum of $100 for each and every day of the continuance of such failure, which forfeiture shall be, payable into the Treasury of 37 Reorganization Plan No. 2 of 1966 provided that the Secretary of the Interior shall give the Secretary of Health, Education, and Welfare an opportunity to select a member of the Hearing Board. 38 This sentence added by sec. 208 (b), Public Law 89-753. 39 This paragraph added by sec. 208(b), Public Law 89-753. 40 Subparagraphs added by sec 208(b), Public Law 89-753. ------- 27 the United States, and shall be recoverable in a civil suit in the name of the United States brought in the district where such person has his principal office or in any district in which he does business. The Secretary may upon application therefor remit or mitigate any for- feiture provided for under this paragraph and he shall have authority to determine the facts upon all such applications. (4)40 It shall be the duty of the various United States attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of such forfeitures. (g)41 If action reasonably calculated to secure abatement of the pol- lution within the time specified in the notice following the public hear- ing is not taken, the Secretary— (1) in the case of pollution of waters which is endangering the health or welfare of persons in a State other than that in which the discharge or discharges (causing or contributing to such pollu- tion) originate, may request the Attorney General to bring a suit on behalf of the United States to secure abatement of pollution, and (2) in the case of pollution of waters which is endangering the health or welfare of persons only in the State in which the dis- charge or discharges (causing or contributing to such pollution) originate, may, with the written consent of the Governor of such State, request the Attorney General to bring a suit on behalf of the United States to secure abatement of the pollution. (h) The court shall receive in evidence in any such suit a transcript of the proceedings before the Board and a copy of the Board's rec- ommendations and shall receive such further evidence as the court in its discretion deems proper. The court, giving due consideration to the practicability and to the physical and economic feasibility of secur- ing abatement of any pollution proved, shall have jurisdiction to enter such judgment, and orders enforcing such judgment, as the public interest and the equities of the case may require. (i) Members of any Hearing Board appointed pursuant to sub- section (f) who are not regular full-time officers or employees of the United States shall, while participating in the hearing conducted by such Board or otherwise engaged on the work of such Board, be en- titled to receive compensation at a rate fixed by the Secretary, but not exceeding $100 per diem, including travel time, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as author- ized by law (5 U.S.C. 73b-2) for persons in the Government service employed intermittently.42 (j) As used in this section the term— (1) "person" includes an individual, corporation, partnership, association, State, municipality, and political subdivision of a State, and (2) "municipality" means a city, town, borough, county, par- ish, district, or other public body created by or pursuant to State law.42 41 Amended by sec. 7, Public Law 87-88. 42 Amended by sec. 7, Public Law 87-88. ------- 28 (k)43(l) At the request of a majority of the conferees in any con- ference called under this section the Secretary is authorized to request any person whose alleged activities result in discharges causing or con- tributing to water pollution, to file with him a report (in such form as may be prescribed in regulations promulgated by him) based on exist- ing data, furnishing such information as may reasonably be requested as to the character, kind, and quantity of such discharges and the use of facilities or other means to prevent or reduce such discharges by the person filing such a report. No person shall be required in such report to divulge trade secrets or secret processes, and all information re- ported shall be considered confidential for the purposes of section 1905 of title 18 of the United States Code. (2) If any person required to file any report under this subsection shall fail to do so within the time fixecl by regulations for filing the same, and such failure shall continue for thirty days after notice of such default, such person may, by order of a majority of the conferees, be subject to a forfeiture of $100 for each and every day of the contin- uance of such failure which forfeiture shall be payable into the Treas- ury of the United States and shall be recoverable in a civil suit in the name of the United States brought in the district where such person has his principal office or in any district in which he does business. The Secretary may upon application therefor remit or mitigate any for- feiture provided for under this subsection and he shall have authority to determine the facts upon all such applications. (3) It shall be the duty of the various United States attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of such forfeitures. CONTROL OF POLLUTION BY OIL 44 SEC. 11. (a) For the purpose of this section, the term— (1) "oil" means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil; (2) "discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping; (3) "vessel" means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water other than a public vessel; (4) "public vessel" means a vessel owned or bare-boat chartered and operated by the United States, or by a State or political sub- division thereof, or by a foreign nation, except when such vessel is engaged in commerce; (5) "United States" means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, Amer- ican Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands; (6) "owner or operator" means (A) in the case of a vessel, any person owning, operating, or chartering by demise, such vessel, and (B) in the case of an onshore facility, and an offshore facility, « This subsection added by sec. 208 (a), Public Law 89-753. " Added by sec. 102, Public Law 91-224. ------- 29 any person owning or operating such onshore facility or offshore facility, and (C) in the case of any abandoned offshore facility, the person who owned or operated such facility immediately prior to such abandonment; (7) "person" includes an individual, firm, corporation, associa- tion, and a partnership; (8) "remove" or "removal" refers to removal of the oil from the water and shorelines or the taking of such other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches; (9) "contiguous zone" means the entire zone established or to be established by the United States under article 24 of the Con- vention on the Territorial Sea and the Contiguous Zone; (10) "onshore facility" means any facility (including, but not limited to, motor vehicles and rolling stock) of any kind located in, on, or under, any land within the United States other than submerged land; (11) "offshore facility" means any facility of any kind located in, on, or under, any of the navigable waters of the United States other than a vessel or a public vessel; (12) "act of God" means an act occasioned by an unanticipated grave natural disaster; (13) "barrel" means 42 United States gallons at 60 degrees Fahrenheit. (b) (1) The Congress hereby declares that it is the policy of the United States that there should be no discharges of oil into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone. (2) The discharge of oil into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone in harmful quantities as determined by the President under paragraph (3) of this subsection, is prohibited, except (A) in the case of such discharges into the waters of the contiguous zone, where permitted under article IV of the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, as amended, and (B) where permitted in quantities and at times and locations or under such circumstances or conditions as the President may, by regulation, determine not to be harmful. Any regulations issued under this sub- section shall be consistent with maritime safety and with marine and navigation laws and regulations and applicable water quality standards. (3) The President shall by regulation, to be issued as soon as possi- ble after the date of enactment of this paragraph, determine for the purposes of this section, those quantities of oil the discharge of which, at such times, locations, circumstances, and conditions, will be harmful to the public health or welfare of the United States, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches except that in the case of the discharge of oil into or upon the waters of the contiguous zone, only those discharges which threaten the fishery resources of the contiguous zone or threaten ------- 30 to pollute or contribute to the pollution of the territory or the terri- torial sea of the United States may be determined to be harmful. (4) Any person in charge of a vessel or of an onshore facility or an offshore facility shall, as soon as he has knowledge of any discharge of oil from such vessel or facility in violation of paragraph (2) of this subsection, immediately notify the appropriate agency of the United States Government of such discharge. Any such person who fails to notify immediately such agency of such discharge shall, upon con- viction, be fined not more than $10,000, or imprisoned for not more than one year, or both. Notification received pursuant to this paragraph or information obtained by the exploitation of such notification shall not be used against any such person in any criminal case, except a prosecution for perjury or for giving a false statement. (5) Any owner or operator of any vessel, onshore facility, or off- shore facility from which oil is knowingly discharged in violation of paragraph (2) of this subsection shall be assessed a civil penalty by the Secretary of the department in which the Coast Guard is operating of not more than $10,000 for each offense. No penalty shall be assessed unless the owner or operator charged shall have been given notice and opportunity for a hearing on such charge. Each violation is a separate offense. Any such civil penalty may be compromised by such Secretary. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the owner or operator charged, the effect on the owner or operator's ability to continue in business, and the gravity of the viola- tion, shall be considered by such Secretary. The Secretary of the Treas- ury shall withhold at the request of such Secretary the clearance required by section 4197 of the Revised Statutes of the United States, as amended (46 U.S.C. 91), of any vessel the owner or operator of which is subject to the foregoing penalty. Clearance may be granted in such cases upon the filing of a bond or other surety satisfactory to such Secretary. (c) (1) Whenever any oil is discharged, into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone, the President is authorized to act to remove or arrange for the removal of such oil at any time, unless he determines such removal will be done properly by the owner or opera- tor of the vessel, onshore facility, or offshore facility from which the discharge occurs. (2) Within sixty days after the effective date of this section, the President shall prepare and publish a National Contingency Plan for removal of oil pursuant to this subsection. Such National contingency Plan shall provide for efficient, coordinated, and effective action to minimize damage from oil discharges, including containment, dispersal, and removal of oil, and shall include, but not be limited to— (A) assignment of duties and responsibilities among Federal departments and agencies in coordination with State and local agencies, including, but not limited to, water pollution control, conservation, and port authorities; (B) identification, procurement, maintenance, and storage of equipment and supplies; ------- 31 (C) establishment or designation of a strike force consisting of personnel who shall be trained, prepared, and available to provide necessary services to carry out the Plan, including the establish- ment at major ports, to be determined by the President, of emer- gency task forces of trained personnel, adequate oil pollution con- trol equipment and material, and a detailed oil pollution preven- tion and removal plan; (D) a system of surveillance and notice designed to insure ear- liest possible notice of discharges of oil to the appropriate Federal agency; (E) establishment of a national center to provide coordination and direction for operations in carrying out the Plan; (F) procedures and techniques to be employed in identifying, containing, dispersing, and removing oil; and (Gr) a schedule, prepared in cooperation with the States, identi- fying (i) dispersants and other chemicals, if any, that may be used in carrying out the Plan, (ii) the waters in which such dispersants and chemicals may be used, and (iii) the quantities of such dis- persant or chemical which can be used safely in such waters, which schedule shall provide in the case of any dispersant, chemical, or waters not specifically identified in such schedule that the Presi- dent, or his delegate, may, on a case-by-case basis, identify the dispersants and other chemicals which may be used, the waters in which they may be used, and the quantities which can be used safely in such waters. The President may, from time to time, as he deems advisable, revise or otherwise amend the National Contingency Plan. After publication of the National Contingency Plan, the removal of oil and actions to mini- mize damage from oil discharges shall, to the greatest extent possible, be in accordance with the National Contingency Plan. (d) Whenever a marine disaster in or upon the navigable waters of the United States has created a substantial threat of a pollution hazard to the public health or welfare of the United States, including, but not limited to, fish, shellfish, and wildlife and the public and private shore- lines and beaches of the United States, because of a discharge, or an imminent discharge, of large quantities of oil from a vessel the United States may (A) coordinate and direct all public and private efforts di- rected at the removal or elimination of such threat; and (B) sum- marily remove, and, if necessary, destroy such vessel by whatever means are available without regard to any provision of law governing the employment of personnel or the expenditure of appropriated funds. Any expense incurred under this subsection shall be a cost in- curred by the United States Government for the purposes of subsec- tion (f) in the removal of oil. (e) In addition to any other action taken by a. State or local government, when the President determines there as an imminent and substantial threat to the public health or welfare of the United States, including, but not limited to, fish, shellfish, and wildlife and public and private property, shorelines, and beaches within the United States, be- cause of an actual or threatened discharge of oil into or upon the navi- gable waters of the United States from an onshore or offshore facility, the President may require the United States attorney of the district in ------- 32 which the threat occurs to secure such relief as may be necessary to abate such threat, and the district courts of the United States shall have jurisdiction to grant such relief as the public interest and the equities of the case may require. (f) (1) Except where an owner or operator can prove that a dis- charge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of a third party without regard to whether any such act or omission was or was not negligent, or any combination of the foregoing clauses, such owner or operator of any vessel from which oil is dis- charged in violation of subsection (b) (2) of this section shall, notwith- standing any other provision of law, be liable to the United States Government for the actual costs incurred under subsection (c) for the removal of such oil by the United States Government in an amount not to exceed $100 per gross ton of such vessel or $14,000,000, whichever is lesser, except that where the United States can show that such dis- charge was the result of willful negligence or willful misconduct within the privity and knowledge of the owner, such owner or operator shall be liable to the United States Government for the full amount of such costs. Such costs shall constitute a maritime lien on such vessel which may be recovered in an action in rem in the district court of the United States for any district within which any vessel may be found. The United States may also bring an action against the owner or op- erator of such vessel in any court of competent jurisdiction to recover such costs. (2) Except where an owner or operator of an onshore facility can prove that a discharge was caused solely by (A) an act of God, (B) an act of war, (G) negligence on the part of the United States Govern- ment or (D) an act or omission of a third party without regard to whether any such act or omission was or was not negligent, or any combination of the foregoing clauses, such owner or operator of any such facility from which oil is discharged in violation of subsection (b) (2) of this section shall be liable to the United States Government for the uctual costs incurred under subsection (c) for the removal of such oil by the United States Government in an amount not to exceed $8,000,000, except that 'where the United States can show that such discharge was the result of willful negligence or willful misconduct within the privity and knowledge of the owner, such owner or operator shall be liable to the United States Government for the full amount of such costs. The United States may bring an action against the owner or operator of such facility in any court of competent jurisdiction to recover such costs. The Secretary is authorized, by regulation, after consultation with the Secretary of Commerce and the Small Business Administration, to establish reasonable and equitable classifications of those onshore facilities having a total fixed storage capacity of 1,000 barrels or less which he determines because of size, type, and location do not present a substantial risk of the discharge of oil in violation of subsection (b) (2) of this section, and apply with respect to such classi- fications differing limits of liability which may be less than the amount contained in this paragraph. (3) Except where an owner or operator of an offshore facility can prove that a discharge was caused solely by (A) an act of God, (B) an ------- 33 act of war, (C) negligence on the part of the United States Govern- ment, or (D) an act or omission of a third party without regard to whether 'any such act or omission was or was not negligent, or any combination of the foregoing clauses, such owner or operator of any such facility from which oil is discharged in violation of subsection (b) (2) of this section shall, notwithstanding any other provision of law, be liable to the United States Government for the actual costs incurred under subsection (c) for the removal of such oil by the United States Government in an amount not to exceed $8,000,000, except that where the United States can show that such discharge was the result of willful negligence or willful misconduct within the privity and knowl- edge of the owner, such owner or operatior shall be liable to the United States Government for the full amount of such costs. The United States may bring an action against the owner or operator of such a facility in any court of competent jurisdiction to recover such costs. (g) In any case where an owner or operator of a vessel, of an onshore facility, or of an offshore facility, from which oil is discharged in viola- tion of subsection (b) (2) of this section proves that such discharge of oil was caused solely by an act or omission of a third party, or was caused solely by such an act or omission in combination with an act of God, an act of war, or negligence on the part of the United States Gov- ernment, such third party shall, notwithstanding any other provision of law, be liable to the United States Government for the actual costs incurred under subsection (c) for removal of such oil by the United States Government, except where such third party can prove that such discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of another party without regard to whether such act or omission was or was not negligent, or any combination of the foregoing clauses. If such third party was the owner or operator of a vessel which caused the discharge of oil in violation of subsection (b) (2) of this section, the liability of such third party under this subsec- tion shall not exceed $100 per gross ton of such vessel or $14,000,000, whichever is the lesser. In any other case the liability of such third party shall not exceed the limitation which would have been appli- cable to the owner or operator of the vessel or the onshore or offshore facility from which the discharge actually occurred, if such owner or operator were liable. If the United States can show that the discharge of oil in violation of subsection (b) (2) of this section was the result of willful negligence or willful misconduct within the privity and knowledge of such third party, such third party shall be liable to the United States Government for the full amount of such removal costs. The United States may bring an action against the third party in any court of competent jurisdiction to recover such removal costs. (h) The liabilities established by this section shall in no way affect any rights which (1) the owner or operator of a vessel or of an onshore facility or an offshore facility may have against any third party whose acts may in any way have caused or contributed to such discharge, or (2) the United States Government may have against any third party whose actions may in any way have caused or contributed to the dis- charge of oil. (i) (1) In any case where an owner or operator of a vessel or an on- ------- 34 shore facility or an offshore facility from which oil is discharged in violation of subsection (b) (2) of this section acts to remove such oil in accordance with regulations promulgated pursuant to this section, such owner or operator shall be entitled to recover the reasonable costs incurred in such removal upon establishing, in a suit which may be brought against the United States Government in the United States Court of Claims, that such discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of a third party with- out regard to whether such act or omission was or was not negligent, or of any combination of the foregoing causes. (2) The provisions of this subsection shall not apply in any case where liability is established pursuant to the Outer Continental Shelf Lands Act. (3) Any amount paid in accordance with a judgment of the United States Court of Claims pursuant to this section shall be paid from the fund established pursuant to subsection (k). (j) (1) Consistent with the National Contingency Plan required by subsection (c) (2) of this section, as soon as practicable after the effec- tive date of this section, and from time to time thereafter, the President shall issue regulations consistent with maritime safety and with marine and navigation laws (A) establishing methods and procedures for re- moval of discharged oil, (B) establishing criteria for the development and implementation of local and regional oil removal contingency plans, (C) establishing procedures, methods, and requirements for equipment to prevent discharges of oil from vessels and from onshore facilities and offshore facilities, and (D) governing the inspection of vessels carrying cargoes of oil and the inspection of such cargoes in order to reduce the likelihood of discharges of oil from such vessels in violation of this section. (2) Any owner or operator of a vessel or an onshore facility or ar offshore facility and any other person subject to any regulation issued under paragraph (1) of this subsection who fails or refuses to comply with the provisions of any such regulation, shall be liable to a civil penalty of not more than $5,000 for each such violation. Each violation shall be a separate offense. The President may assess and compromise such penalty. No penalty shall be assessed until the owner, operator, or other person charged shall have been given notice and an oppor- tunity for a hearing on such charge. In determining the amount of the penalty, or the amount agreed upon in compromise, the gravity of the violation, and the demonstrated good faith of the owner, operator, or other person charged in attempting to achieve rapid compliance, after notification of a violation, shall be considered by the President. (k) There is hereby authorized to be appropriated to a revolving fund to be established in the Treasury not to exceed $35,000,000 to carry out the provisions of subsections (c), (i), and (1) of this section and section 12 of this Act. Any other funds received by the United States under this section shall also be deposited in said fund for such purposes. All sums appropriated to, or deposited in, said fund shall remain available until expended. (1) The President is authorized to delegate the administration of this section to the heads of those Federal departments, agencies, and ------- 35 instrumentalities which he determines to be appropriate. Any moneys in the fund established by subsection (k) of this section shall be avail- able to such Federal departments, agencies, and instrumentalities to carry out the provisions of subsections (c) and (i) of this section and section 12 of this Act. Each such department, agency, and instru- mentality, in order to avoid duplication of effort? shall, whenever ap- propriate, utilize the personnel, services, and facilities of other Federal departments, agencies, and instrumentalities, (m) Anyone authorized by the President to enforce the provisions of this section may, except as to public vessels, (A) board and inspect any vessel upon the navigable waters of the United States or the waters of the contiguous zone, (B) with or without a warrant arrest any per- son who violates the provisions of this section or any regulation issued thereunder in his presence or view, and (C) execute any warrant or other process issued by an officer or court of competent jurisdiction. (n) The several district courts of the United States are invested with jurisdiction for any actions, other than actions pursuant to sub- section (i) (1), arising under this section. In the case of Guam, such actions may be brought in the district court of Guam, and in the case of the Virgin Islands such actions mav be brought in the district court of the Virgin Islands. In the case of American Samoa and the Trust Territory of the Pacific Islands, such actions may be brought in the District Court of the United States for the District of Hawaii and such court shall have jurisdiction of such actions. In the case of the Canal Zone, such actions may be brought in the United States District Court for the District of the Canal Zone. (o) (1) Nothing in this section shall affect or modify in any way the obligations of any owner or operator of any vessel, or of any owner or operator of any onshore facility or offshore facility to any person or agency under any provision of law for damages to any publicly-owned or privately-owned property resulting from a discharge of any oil or from the removal of any such oil. (2) Nothing in this section shall be construed as preempting any State or political subdivision thereof from imposing any requirement or liability with respect to the discharge of oil into any waters within such State. (3) Nothing in this section shall be construed as affecting or modi- fying any other existing authority of any Federal department, agency, or instrumentality, relative to onshore or offshore facilities under this Act or any other provsion of law, or to affect any State or local law not in conflict with this section. (p)(l) Any vessel over three hundred gross tons, including any barge of equivalent size, using any port or place in the United States or the navigable waters of the United States for any purpose shall establish and maintain under regulations to be prescribed from time to time by the President, evidence of financial responsibility of $100 per gross ton, or $14,000,000 whichever is the lesser, to meet the liabil- ity to the United States which such vessel could be subjected under this section. In cases where an owner or operator owns; operates, or charters more than one such vessel, financial responsibility need only be established to meet the maximum liability to which the largest of such vessels could be subjected. Financial responsibility may be estab- ------- 36 lished by any one of, or a combination of, the following methods accept- able to the President: (A) evidence of insurance, (B) surety bonds, (C) qualification as a self-insurer, or (D) other evidence of financial responsibility. Any bond filed shall be issued by a bonding company authorized to do business in the United States. (2) The provisions of paragraph (1) of this subsection shall be effective one year after the effective date of this section. The President shall delegate the responsibility to carry out the provisions of this subsection to the appropriate agency head within sixty days after the date of enactment of this section. Regulations necessary to implement this subsection shall be issued within six months after the date of en- actment of this section. (3) Any claim for costs incurred by such vessel may be brought directly against the insurer or any other person providing evidence of financial responsibility as required under this subsection. In the case of any action pursuant to this subsection such insurer or other person shall be entitled to invoke all rights and defenses which would have been available to the owner or operator if an action had been brought against him by the claimant, and which would have been available to him if an action had been brought against him by the owner or operator. (4) The Secretary of Transportation, in consultation with the Sec- retaries of Interior, State, Commerce, and other interested Federal agencies, representatives of the merchant marine, oil companies, insur- ance companies, and other interested individuals and organizations, and taking into account the results of the application of paragraph (1) of this subsection, shall conduct a study of the need for and, to the extent determined necessary. (A) other measures to provide financial responsibility and lim- itation of liability with respect to vessels using the navigable waters of the United States; (B) measures to provide financial responsibility for all onshore and offshore facilities; and (C) other measures for limitation of liability of such facilities; for the cost of removing discharged oil and paying all damages result- ing from the discharge of such oil. The Secretary of Transportation shall submit a report, together with any legislative recommendations, to Congress and the President by January 1,1971. CONTROL OF HAZARDOUS POLLUTING SUBSTANCES 45 SEC. 12. (a) The President shall, in accordance with subsection (b) of this section, develop, promulgate, and revise as may be appropriate, regulations (1) designating as hazardous substances, other than oil as denned in section 11 of this Act, such elements and compounds which, when discharged in any quantity into or upon the navigable waters of the United States or adjoining shorelines or the waters of the con- tiguous zone, present an imminent and substantial danger to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, shorelines, and beaches; and (2) establishing, if appropriate, recom- mended methods and means for the removal of such substances. 45 Added by sec. 102, Public Law 91-224 ------- 37 (b) Sections 551 through 559, inclusive (other than section 553 (c)), and 701 through 706, inclusive, of title 5, United States Code, shall apply to regulations issued under authority of this section. (c) In order to facilitate the removal, if appropriate, of any haz- ardous substance any person in charge of a vessel or of an onshore or offshore facility of any kind shall, as soon as he has knowledge of any discharge of such substance from such vessel or facility, immediately notify the appropriate agency of the United States of such discharge. (d) Whenever any hazardous substance is discharged into or upon the navigable waters of the United States or adjoining shorelines or the waters of the contiguous zone, unless removal is immediately under- taken by the owner or operator of the vessel or onshore or offshore facility from which the discharge occurs or which caused the discharge, pursuant to the regulations promulgated under this section, the Presi- dent, if appropriate, shall remove or arrange for the removal thereof in accordance with such regulations. Nothing in this subsection shall be construed to restrict the authority of the President to act to remove or arrange for the removal of such hazardous substance at any time. (e) Nothing in this section shall affect or modify in any way the obligations of any owner or operator of any vessel, onshore or offshore facility to any person or agency under any provision of law for dam- ages to any publicly- or privately-owned property resulting from a dis- charge of any hazardous substance or from the removal of any such substance. (f) (1) For the purpose of this section the definitions in subsection (a) of section 11 of this Act shall be applicable to the provisions of this section, except as provided in paragraph (2) of this subsection: (2) For the purpose of this section, the term— (A) "remove" or "removal" refers to removal of the hazardous substances from the water and shorelines or the taking of such other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including, but not limited to, fish, shellfish, wildlife, and public and private property, shorelines, and beaches; (B) "owner or operator" means any person owning, operating, chartering by demise, or otherwise controlling the operations of, a vessel, or any person owning, operating, or otherwise controlling the operations of an onshore or offshore facility; and (C) "offshore or onshore facility" means any facility of any kind and related appurtenances thereto which is located in, on, or under the surface of any land, or permanently or temporarily affixed to any land, including lands beneath the navigable waters of the United States and which is used or capable of use for the purpose of processing, transporting, producing, storing, or trans- ferring for commercial purposes any hazardous substance desig- nated under this section. (g) The President shall submit a report to the Congress, together with his recommendations, not later than November 1, 1970, on the need for, and desirability of, enacting legislation to impose liability for the cost of removal of hazardous substances discharged from vessels and onshore and offshore facilities subject to this section including financial responsibility requirements. In preparing this report, the ------- 38 President shall conduct an accelerated study which shall include, but not be limited to, the method and measures for controlling hazardous substances to prevent this discharge, and the most appropriate meas- ures for (1) enforcement (including the imposition of civil and crim- inal penalties for discharges and for failure to notify) and (2) recovery of costs incurred by the United States if removal is under- taken by the United States. In carrying out this study, the President shall consult with the interested representatives of the various public and private groups that would be affected by such legislation as well as other interested persons. (h) Any moneys in the funds established by section 11 of this Act shall be available to the President to carry out the purposes of this section. In carrying out this section the President shall utilize the per- sonnel, services, and facilities of Federal departments, agencies, and instrumentalities in such manner as will avoid duplication of effort. CONTROL OF SEWAGE FROM VESSELS46 SEC. 13. (a) For the purpose of this section, the term— (1) "new vessel" includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the navigable waters of the United States, the construction of which is initiated after promulgation of standards and regulations under this section; (2) "existing vessel" includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the navigable waters of the United States, the construction of which is initiated before promulgation of standards and regulations under this section; (3) "public vessel" means a vessel owned or bareboat chartered and operated by the United States, by a State or political sub- division thereof, or by a foreign nation, except when such vessel is engaged in commerce; (4) "United States" includes the States, the District of Colum- bia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Canal Zone, and the Trust Territory of the Pacific Islands; (5) "marine sanitation device" includes any equipment for in- stallation on board a vessel which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage; (6) "sewage" means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes; , (7) "manufacturer" means any person engaged in the manufac- turing, assembling, or importation of marine sanitation devices or of vessels subject to standards and regulations promulgated under this section; (8) "person" means an individual, partnership, firm, corpora- tion, or association, but does not include an individual on board a public vessel; « Added by see. 102, Public Law 91-224. ------- (9) leaki 39 (9) "discharge" includes, but is not limited to, any spilling, king, pumping, pouring, emitting, emptying, or dumping. (b) (1) As soon as possible, after the enactment of this section and subject to the provisions of section 5 ( j ) of this Act, the Secretary, after consultation with the Secretary of the department in which the Coast Guard is operating, after giving appropriate consideration to the eco- nomic costs involved, and within the limits of available technology, shall promulgate Federal standards of performance for marine sanita- tion devices (hereafter in this section referred to as "standards") which shall be designed to prevent the discharge of untreated or in- adequately treated sewage into or upon the navigable waters of the United States from new vessels and existing vessels, except vessels not equipped with installed toilet facilities. Such standards shall be con- sistent with maritime safety and the marine and navigation laws and regulations and shall be coordinated with the regulations issued under this subsection by the Secretary of the department in which the Coast Guard is operating. The Secretary of the department in which the Coast Guard is operating shall promulgate regulations, which are con- sistent with standards promulgated under this subsection and with maritime safety and the marine and navigation laws and regulations, governing the design, construction, installation, and operation of any marine sanitation device on board such vessels. (2) Any existing vessel equipped with a marine sanitation device on the date of promulgation of initial standards and regulations under this section, which device is in compliance with such initial standards and regulations, shall be deemed in compliance with this section until such time as the device is replaced or is found not to be in compliance with such initial standards and regulations. (c) (1) Initial standards and regulations under this section shall become effective for new vessels two years after promulgation ; and for existing vessels five years after promulgation. Revisions of standards and regulations shall be effective upon promulgation, unless another effective date is specified, except that no revision shall take effect before the effective date of the standard or regulation being revised. (2) The Secretary of the department in which the Coast Guard is operating with regard to his regulatory authority established by this section, after consultation with the Secretary, may distinguish among classes, types, and sizes of vessels as well as between new and existing vessels, and may waive applicability of standards and regulations as necessary or appropriate for such classes, types, and sizes of vessels (including existing vessels equipped with marine sanitation devices on the date of promulgation of the initial standards required by this sec- tion) , and, upon application, for individual vessels. (d) The provisions of this section and the standards and regulations promulgated hereunder apply to vessels owned and operated by the United States unless the Secretary of Defense finds that compliance would not be in the interest of national security. With respect to vessels owned and operated by the Department of Defense, regulations under the last sentence of subsection (b) (1) and certifications under subsec- tion (g) (2) of this section shall be promulgated and issued by the Secretary of Defense. (e) Before the standards and regulations under this section are pro- ------- 40 mulgated, the Secretary and the Secretary of the department in which the Coast Guard is operating shall consult with the Secretary of State; the Secretary of Health, Education, and Welfare; the Secretary of Defense; the Secretary of the Treasury; the Secretary of Commerce; other interested Federal agencies; and the States and industries in- terested ; and otherwise comply with the requirements of section 553 of title 5 of the United States Code. (f) After the effective date of the initial standards and regulations promulgated under this section, no State or political subdivision there- of shall adopt or enforce any statute or regulation of such State or political subdivision with respect to the design, manufacture, or instal- lation or use of any marine sanitation device on any vessel subject to the provisions of this section. Upon application by a State, and where the Secretary determines that any applicable water quality standards require such a prohibition, he shall by regulation completely prohibit the discharge from a vessel of any sewage (whether treated or not) into those waters of such State which are the subject of the applica- tion and to which such standards apply. (g) (1) No manufacturer of a marine sanitation device shall sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States for sale or resale any marine sanitation device manufactured after the effective date of the standards and regulations promulgated under this section unless such device is in all material respects substantially the same as a test device certified under this subsection. (2) Upon application of the manufacturer, the Secretary of the de- partment in which the Coast Guard is operating shall so certify a marine sanitation device if he determines, in accordance with the pro- visions of this paragraph, that it meets the appropriate standards and regulations promulgated under this section. The Secretary of the de- partment in which the Coast Guard is operating shall test or require such testing of the device in accordance with procedures set forth by the Secretary as to standards of performance and for such other pur- poses as may be appropriate. If the Secretary of the department in which the Coast Guard is operating determines that the device is satis- factory from the standpoint of safety and any other requirements of maritime law or regulation, and after consideration of the design, in- stallation, operation, material, or other appropriate factors, he shall certify the device. Any device manufactured by such manufacturer which is in all material respects substantially the same as the certified test device shall be deemed to be in conformity with the appropriate standards and regulations established under this section. (3) Every manufacturer shall establish and maintain such records, make such reports, and provide such information as the Secretary or the Secretary of the department in which the Coast Guard is operating may reasonably require to enable him to determine whether such manu- facturer has acted or is acting in compliance with this section and regulations issued thereunder and shall, upon request of an officer or employee duly designated by the Secretary or the Secretary of the department in which the Coast Guard is operating, permit such officer or employee at reasonable times to have access to and copy such records. All information reported to or otherwise obtained by, the Secretary or ------- 41 the Secretary of the department in which the Coast Guard is operating or their representatives pursuant to this subsection which contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code shall be considered confidential for the purpose of that section, except that such information may be dis- closed to other officers or employees concerned with carrying out this section. This paragraph shall not apply in the case of the construction of a vessel by an individual for his own use. (h) After the effective date of standards and regulations promul- gated under this section, it shall be vmlawf ul— (1) for the manufacturer of any vessel subject to such stand- ards and regulations to manufacture for sale, to sell or offer for sale, or to distribute for sale or resale any such vessel unless it is equipped with a marine sanitation device which is in all material respects substantially the same as the appropriate test device certi- fied pursuant to this section; (2) for any person, prior to the sale or delivery of a vessel sub- ject to such standards and regulations to the ultimate purchaser, wrongfully to remove or render inoperative any certified marine sanitation device or element of design of such device installed in such vessel; (3) for any person to fail or refuse to permit access to or copy- ing of records or to fail to make reports or provide information required under this section; and (4) for a vessel subject to such standards and regulations to operate on the navigable waters of the United States, if such vessel is not equipped with an operable marine sanitation device certified pursuant to this section. (i) The district courts of the United States shall have jurisdictions to restrain violations of subsection (g) (1) and subsections (h) (1) through (3) of this section. Actions to restrain such violations shall be brought by, and in, the name of the United States. In case of con- tumacy or refusal to obey a subpena served upon any person under this subsection, the district court of the United States for any district in which such person is found or resides or transacts business, upon appli- cation by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, and any failure to obey such order oi' the court may be punished by such court as a con- tempt thereof. (j) Any person who violates subsection (g) (1) or clause (1) or (2) of subsection (h) of this section shall be liable to a civil penalty of not more than $5,000 for each violation. Any person who violates clause (4) of subsection (h) of this section or any regulation issued pursuant to this section shall be liable to a civil penalty of not more than $2,000 for each violation. Each violation shall be a separate offense. The Sec- retary of the department in which the Coard Guard is operating may assess and compromise any such penalty. No penalty shall be assessed until the person charged shall have been given notice and an oppor- tunity for a hearing on such charge. In determining the amount of the penalty, or the amount agreed upon in compromise, the gravity of the violation, and the demonstrated good faith of the person charged in ------- 42 attempting to achieve rapid compliance, after notification of a viola- tion, shall be considered by said Secretary. (k) The provisions of this section shall be enforced by the Secretary of the department in which the Coast Guard is operating and he may utilize by agreement, 'with or without reimbursement, law enforcement officers or other personnel and facilities of the Secretary, other Federal agencies, or the States to carry out the provisions of this section. (1) Anyone authorized by the Secretary of the department in which the Coast Guard is operating to enforce the provisions of this section may, except as to public vessels, (1) board and inspect any vessel upon the navigable waters of the United States and (2) execute any warrant or other process issued by an officer or court of competent jurisdiction. (m) In the case of Guam, actions arising under this section may be brought in the district court of Guam, and in the case of the Virgin Islands such actions may be brought in the district court of the Virgin Islands. In the case of American Samoa and the Trust Territory of the Pacific Islands, such actions may be brought in the District Court of the United States for the District of Hawaii and such court shall have jurisdiction of such actions. In the case of the Canal Zone, such actions may be brought in the District Court for the District of the Canal Zone. AREA ACID AND OTHER MINE WATER POLLUTION CONTROL SEC. 14. (a) The Secretary in cooperation with other Federal de- partments, agencies, and instrumentalities is authorized to enter into agreements with any State or interstate agency to carry out one or more projects to demonstrate methods for the elimination or control, within all or part of a watershed, of acid or other mine water pollution resulting from active or abandoned mines. Such projects shall demon- strate the engineering and economic feasibility and practicality of various abatement techniques which will contribute substantially to effective and practical methods of acid or other mine water pollution elimination or control. (b) The Secretary, in selecting watersheds for the purposes of this section, shall (1) require such feasibility studies as he deems appro- priate, (2) give preference to areas which have the greatest present or potential value for public use for recreation, fish and wildlife, water supply, and other public uses, and (3) be satisfied that the project area will not be affected adversely by the influx of acid or other mine water pollution from nearby sources. (c) Federal participation in such projects shall be subject to the conditions— (1) that the State or interstate agency shall pay not less than 25 percentum of the actual project costs which payment may be in any form, including, but not limited to, land or interests therein that is needed for the project, or personal property or services, the value of which shall be determined by the Secretary; and (2) that the State or interstate agency shall provide legal and practical protection to the project area to insure against any ac- tivities which will cause future acid or other mine water pollution. « Added by sec. 102, Public Law 91-224. ------- 43 (d) There is authorized to be appropriated $15,000,000 to carry out the provisions of this section, which sum. shall be available until ex- pended. No more than 25 percentum of the total funds available under this section in any one year shall be granted to any one State. POLLUTION CONTROL IN GREAT LAKES 4S SEC. 15. (a) The Secretary, in cooperation with other Federal de- partments, agencies, and instrumentalities is authorized to enter into agreements with any State, political subdivision, interstate agency, or other public agency, or combination thereof, to carry out one or more projects to demonstrate new methods and techniques and to develop preliminary plans for the elimination or control of pollution, within all or any part of the watersheds of the Great Lakes. Such projects shall demonstrate the engineering and economic feasibility and prac- ticality of removal of pollutants and prevention of any polluting matter from entering into the Great Lakes in the future and other abatement and remedial techniques which will contribute substantially to effective and practical methods of water pollution elimination or control. (b) Federal participation in such projects shall be subject to the condition that the State, political subdivision, interstate agency, or other public agency, or combination thereof, shall pay not less than 25 per centum of the actual project costs, which payment may be in any form, including, but not limited to, land or interests therein that is needed for the project, and personal property or services the value of which shall be determined by the Secretary. (c) There is authorized to be appropriated $20,000,000 to carry out the provisions of this section, which sum shall be available until expended. TRAINING GRANTS AND CONTRACTS48 SEC. 16. The Secretary is authorized to make grants to or contracts with institutions of higher education, or combinations of such institu- tions, to assist them in planning, developing, strengthening, improv- ing, or carrying out programs or projects for the preparation of under- graduate students to enter an occupation which involves the design, operation, and maintenance of treatment works, and other facilities whose purpose is water quality control. Such grants or contracts may include payment of all or part of the cost of programs or projects such as— (A) planning for the development or expansion of programs or projects for training persons in the operation and maintenance of treatment works; (B) training and retraining of faculty members; (C) conduct of short-term or regular session institutes for study by persons engaged in, or preparing to engage in, the prepa- ration of students preparing to enter an occupation involving the operation and maintenance of treatment works; 48 Sections added by sec. 102, Public Law 91-224. ------- 44 (D) carrying put innovative and experimental programs of co- operative education involving alternate periods of full-time or part-time academic study at the institution and periods of full- time or part-time employment involving the operation and main- tenance of treatment works; and (E) research into? and development of, methods of training students or faculty, including the preparation of teaching mate- rials and the planning of curriculum. APPLICATION FOR TRAINING GRANT OR CONTRACT; ALLOCATION OF GRANTS OR CONTRACTS 49 SEC. 17. (1) A grant or contract authorized by section 16 may be made only upon application to the Secretary at such time or times and containing such information as he may prescribe, except that no such application shall be approved unless it— (A) sets forth programs, activities, research, or development for which a grant is authorized under section 16, and describes the relation to any program set forth by the applicant in an applica- tion, if any, submitted pursuant to section 18. (B) provides such fiscal control and fund accounting proce- dures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this section; and (C) provides for making such reports, in such form and con- taining such information, as the Secretary may require to carry out his functions under this section, and for keeping such records and for affording such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports. (2) The Secretary shall allocate grants or contracts under section 16 in such manner as will most nearly provide an equitable distribution of the grants or contracts throughout the United States among institu- tions of higher education which show promise of being able to use funds effectively for the purpose of this section. (3) (A) Payment under this section may be used in accordance with regulations of the Secretary, and subject to the terms and conditions set forth in an application approved under subsection (a), to pay part of the compensation of students employed in connection with the operation and maintenance of treatment works, other than as an em- ployee in connection with the operation and maintenance of treatment works or as an employee in any branch of the Government of the United States, as part of a program for which a grant has been ap- proved pursuant to this section. (B) Departments and agencies of the United States are encouraged, to the extent consistent with efficient administration, to enter into ar- rangements with institutions of higher education for the full-time, part-time, or temporary employment, whether in the competitive or excepted service, of students enrolled in programs set forth in applica- tions approved under subsection (a). 18 Sections added by sec. 102, Public Law 91-224. ------- 45 AWARD OF SCHOLARSHIPS 49 SEC. 18. (1) The Secretary is authorized to award scholarships in accordance with the provisions of this section for undergraduate study by persons who plan to enter -an occupation involving the operation and maintenance of treatment works. Such scholarships shall be awarded for such periods as the Secretary may determine but not to exceed four academic years. (2) The Secretary shall allocate scholarships under this section among institutions of higher education with programs approved under the provisions of this section for the use of individuals accepted into such programs, in such manner and according to such plan as will insofar as practicable— (A) provide an equitable distribution of such scholarships throughout the United States; and (B) attract recent graduates of secondary schools to enter an occupation involving the operation and maintenance of treatment works. (3) The Secretary shall approve a program of an institution of higher education for the purposes of this section only upon application by the institution and only upon his finding— (A) that such program has as a principal objective the educa- tion and training of persons in the operation and maintenance of treatment works; (B) that such program is in effect and of high quality, or can be readily put into effect and may reasonably be expected to be of high quality; (C) that the application describes the relation of such program to any program, activity, research, or development set forth by the applicant in an application, if any, submitted pursuant to section 16 of this Act; and (D) that the application contains satisfactory assurances that (i) the institution will recommend to the Secretary for the award of scholarships under this section, for study in such program, only persons who have demonstrated to the satisfaction of the institu- tion a serious intent, upon completing the program, to enter an occupation involving the operation and maintenance of treat- ment works, and (ii) the institution will make reasonable con- tinuing efforts to encourage recipients of scholarships under this section, enrolled in such program, to enter occupations involving the operation and maintenance of treatment works upon complet- ing the program. (4) (A) The Secretary shall pay to persons awarded scholarships under this section such stipends (including such allowances for sub- sistence and other expenses for such persons and their dependents) as he may determine to be consistent with prevailing practices under com- parable federally supported programs. (B) The Secretary shall (in addition to the stipends paid to persons under subsection (a)) pay to the institution of higher education at which such person is pursuing his course of study such amount 'as he ------- 46 may determine to be consistent with prevailing practices under com- parable federally supported programs. (5) A person awarded a scholarship under the provisions of this section shall continue to receive the payments provided in this section only during such periods as the Secretary finds that he is maintaining satisfactory proficiency and devoting full time to study or research in the field in which such scholarship was awarded in an institution of higher education, and is not engaging in gainful employment other than employment approved by the Secretary by or pursuant to regulation. (6) The Secretary shall by regulation provide that any person awarded a scholarship under this section shall agree in writing to enter and remain in an occupation involving the design, operation, or maintenance of treatment works for such period after completion of his course of studies as the Secretary determines appropriate. DEFINITIONS AND AT3THORIZATIONS 50 SEC. 19. (1) As used in sections 16 through 19 of this Act.— (A) The term "State" includes the District of Columbia, Puerto Rico, the Ganal Zone, Guam, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. (B) The term "institution of higher education" means an educa- tional institution described in the first sentence of section 1201 of the. Higher Education Act of 1965 (other than an institution of any agency of the United States) which is accredited by a nationally recognized accrediting agency or association approved by the Secretary for this purpose. For purposes of this subsection, the Secretary shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of train- ing offered. (C) The term "academic year" means an academic year or its equiv- alent, as determined by the Secretary. (2) The Secretary shall annually report his activities under sections 16 through 19 of this Act, including recommendations for needed revi- sions in the provisions thereof. (3) There are authorized to be appropriated $12,000,000 for the fis- cal year ending June 30, 1970, $25,000,000 for the fiscal year ending June 30,1971, and $25,000,000 for the fiscal year ending June 30,1972, to carry put sections 16 through 19 of this Act (and planning and re- lated activities in the initial fiscal year for such purpose). Funds ap- propriated for the fiscal year ending June 30,1970, under authority of this subsection shall be available for obligation pursuant to the provi- sions of sections 16 through 19 of this Act during that year and the succeeding fiscal year. ALASKA VILLAGE DEMONSTRATION PROJECTS " SEC. 20. (a) The Secretary is authorized to enter into agreements with the State of Alaska to carry out one or more projects to demon- s' Added by sec. 102, Public Law 91-224. "Added by sec. 102, Public Law 91-224. ------- 47 strate methods to provide for central community facilities for safe water and elimination or control of water pollution in those native villages of Alaska without such facilities. Such project shall include provisions for community safe water supply systems, toilets, bathing and laundry facilities, sewage disposal facilities, and other similar fa- cilities, and educational and informational facilities and programs re- lating to health and hygiene. Such demonstration projects shall be for the further purpose of developing preliminary plans for providing such safe water and such elimination or control of water pollution for all native villages in such State. (b) In carrying out this section the Secretary shall cooperate with the Secretary of Health, Education, and Welfare for the purpose of utilizing such of the personnel and facilities of that Department as may be appropriate. (c) The Secretary shall report to Congress not later than January 31, 1973, the results of the demonstration projects authorized by this section together with his recommendations, including any necessary legislation, relating to the establishment of a statewide program. (d) There is authorized to be appropriated not to exceed $1,000,000 to carry out this section. COOPERATION BY ALL FEDERAL AGENCIES IN THE CONTROL OF POLLUTION 52 SEC. 21. (a) Each Federal agency (which term is used in this section includes Federal departments, agencies, and instrumentalities) having jurisdiction over any real property or facility, or engaged in any Fed- eral public works activity of any kind, shall, consistent with the para- mount interest of the United States as determined by the President, insure compliance with applicable water quality standards and the pur- poses of this Act in the administration of such property, facility, or activity. In his summary of any conference pursuant to section 10(d) (4) of this Act, the Secretary shall include references to any discharges allegedly contributing to pollution from any such Federal property, facility, or activity, and shall transmit a copy of such summary to the head of the Federal agency having jurisdiction of such property, fa- cility, or activity. Notice of any hearing pursuant to section 10(f) of this Act involving any pollution alleged to be effected by any such dis- charges shall also be given to the Federal agency having jurisdiction over the property, facility, or activity involved, and the findings and recommendations of the hearing board conducting such hearing shall include references to any such discharges which are contributing to the pollution found by such board. (b) (1) Any applicant for a Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities which may result in any discharge into the navigable waters of the United States, shall provide the licensing or permitting agency a certification from the State in which the discharge originates or will originate, or, if appropriate, from the interstate water pollution control agency haying jurisdiction over the navigable waters at the point where the discharge originates or will originate, that there is > Amended by sec. 103, Public Law 91-224. ------- 48 reasonable assurance, as determined by the State or interstate agency that such activity will be conducted in a manner which will not violate applicable water quality standards. Such state or interstate agency shall establish procedures for public notice in the case of all applica- tions for certification by it, and to the extent it deems appropriate, procedures for public hearings in connection with specific applica- tions. In any case where such standards have been promulgated by the Secretary pursuant to section 10(c) of this Act, or where a State or interstate agency has no authority to give such a certification, such certification shall be from the Secretary. If the State, interstate agency, or Secretary, as the case may be, fails or refuses to act on a request for certification, within a reasonable period of time (which shall not exceed one year) after receipt of such request, the certification require- ments of this subsection shall be waived with respect to such Federal application. No license or permit shall be granted until the certifica- tion required by this section has been obtained or has been wraived as provided in the preceding sentence. No license or permit shall be granted if certification has been denied by the State, interstate agency, or the Secretary, as the case may be. (2) Upon receipt of such application and certification the licensing or permitting agency shall immediately notify the Secretary of such application and certification. Whenever such a discharge may affect, as determined by the Secretary, the quality of the waters of any other State, the Secretary within thirty days of the date of notice of appli- cation for such Federal license or permit shall so notify such other State, the licensing or permitting agency, and the applicant. If, within sixty days after receipt of such notification, such other State deter- mines that such discharge will affect the quality of its waters so as to violate its water quality standards, and within such sixty-day period notifies the Secretary and the licensing of permitting agency in writ- ing of its objection to the issuance of such license or permit and re- quests a public hearing on such objection, the licensing or permitting agency shall hold such a hearing. The Secretary shall at such hearing submit his evaluation and recommendations with respect to any such objection to the licensing or permitting agency. Such agency, based upon the recommendations of such State, the Secretary, and upon any additional evidence, if any, presented to the agency at the hearing, shall condition such license or permit in such manner as may be nec- essary to insure compliance with applicable water quality standards. If the imposition of conditions cannot insure such compliance such agency shall not issue such license or permit. (3) The certification obtained pursuant to paragraph (1) of this subsection with respect to the construction of any facility shall fulfill the requirements of this subsection with respect to certification in con- nection with any other Federal license or permit required for the operation of such facility unless, after notice to the certifying State, agency, or Secretary, as the. case may be, which shall be given by the Federal agency to whom application is made for such operating license or permit, the State, or if appropriate, the interstate agency or the Secretary, notifies such agency within sixty days after receipt of such notice that there is no longer reasonable assurance that there will be compliance with applicable water quality standards because of changes ------- 49 since the construction license or permit certification was issued in (A) the construction or operation of the facility, (B) the characteristics of the waters into which such discharge is made, or (C) the water qual- ity standards applicable to such waters. This paragraph shall be inap- plicable in any case where the applicant for such operating license or permit has failed to provide the certifying State, or if appropriate, the interstate agency or the Secretary, with notice of any proposed changes in the construction or operation of the facility with respect to which a construction license or permit has been granted which changes may re- sult in violation of applicable water quality standards. (4) Prior to the initial operation of any federally licensed or per- mitted facility or activity which may result in any discharge into the navigable waters of the United States and with respect to which a cer- tification has been obtained pursuant to paragraph (1) of this subsec- tion, which facility or activity is not subject to a Federal operating license or permit, the licensee or permittee shall provide an oppor- tunity for such certifying State, or if appropriate, the interstate agency or the Secretary to review the manner in which the facility or activity shall be operated or conducted for the purposes of assuring that appli- cable water quality standards will not be violated. Upon notification by the certifying State, or if appropriate, the interstate agency or the Secretary that the operation of any such federally licensed or permitted facility or activity will violate applicable water quality standards, such Federal agency may, after public hearing, suspend such license or per- mit. If such license or permit is suspended, it shall remain suspended until notification is received from the certifying State, agency, or Sec- retary, as the case may be, that there is reasonable assurance that such facility or activity will not violate applicable water quality standards. (5) Any Federal license or permit with respect to which a certifica- tion has been obtained under paragraph (1) of this subsection may be suspended or revoked by the Federal agency issuing such license or per- mit upon the entering of a judgment under section 10 (h) of this Act that such facility or activity has been operated in violation of appli- cable water quality standards. (6) No Federal agency shall be deemed to be an applicant for the purposes of this subsection. (7) In any case where actual construction of a facility has been lawfully commenced prior to the date of enactment of the Watsr Qual- ity Improvement Act of 1970, no certification shall be required under this subsection for a license or permit issued after the date of enact- ment of such Act of 1970 to operate such facility, except that any such license or permit issued without certification shall terminate at the end of the three-year period beginning on the date of enactment of such Act of 1970 unless prior to such termination date the person hav- ing such license or permit submits to the Federal agency which issued such license or permit a certification and otherwise meets the require- ments of this subsection. (8) Except as provided in paragraph (7), any application for a license or permit (A) that is pending on the date of enactment of the Water Quality Improvement Act of 1970 and (B) that is issued within ons year following such date of enactment shall not require certification pursuant to this subsection for one year following the issuance of such ------- 50 license or permit, except that any such license or permit issued shall terminate at the end of one year unless prior to that time the licensee or permittee submits to the Federal agency that issued such license or permit a certification and otherwise meets the requirements of this subsection. (9) (A) In the case of any activity which will affect water quality but for which there are no applicable water quality standards, no cer- tification shall be required under this subsection, except that the licens- ing or permitting agency shall impose, as a condition of any license or permit, a requirement that the licensee or permittee shall comply with the purposes of this Act. (B) Upon notice from the State in which the discharge originates or, as appropriate, the interstate agency or the Secretary, that such li- censee or permittee has been notified of the adoption of water quality standards applicable to such activity and has failed, after reasonable notice, of not less than six months, to comply with such standards, the license or permit shall be suspended until notification is received from such State or interstate agency or the Secretary that there is reason- able assurance that such activity will comply with applicable water quality standards. (c) Nothing in this section shall be construed to limit the authority of any department or agency pursuant to any other provision of law to require compliance with applicable water quality standards. The Secretary shall, upon the request of any Federal department or agency, or State or interstate agency, or applicant, provide, for the purpose of this section, any relevant information on applicable water quality standards, and shall, when requested by any such department or agency or State or interstate agency, or applicant, comment on any methods to comply with such standards. (d) In order to implement the provisions of this section, the Secre- tary of the Army, acting through the Chief of Engineers, is author- ized, if he deems it to be in the public interest, to permit the use of spoil disposal areas under his jurisdiction by Federal licensees or permittees, and to make an appropriate charge for such use. Moneys received from such licensees or permittees shall be deposited in the Treasury as mis- cellaneous receipts. SEC. 22. (a) The Secretary is authorized to prescribe such regula- tions as are necessary to carry out his functions under this Act. (b) The Secretary, with the consent of the head of any other agency of the United States, may utilize such officers and employees of such agency as may be found necessary to assist in carrying out the purposes of this Act. (c) There are hereby authorized to be appropriated to the Depart- ment of the Interior such sums as may be necessary to enable it to carry out its functions under this Act. (d) Each recipient of assistance under this Act shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds This section renumbered by sec. 102, Public Law 91-224. ------- 51 of such assistance, the total cost of the project or undertaking in con- nection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (e) The Secretary of the Interior and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients that are per- tinent to the grants received under this Act. (f) (1) It is the purpose of this subsection to authorize a program which will provide official recognition by the United States Govern- ment to those industrial organizations and political subdivisions of States which during the preceding year demonstrated an outstanding technological achievement or an innovative process, method or device in their waste treatment and pollution abatement programs. The Secre- tary shall, in consultation with the appropriate State water pollution control agency, establish regulations under which such recognition may be applied for and granted, except that no applicant shall be eligible for an award under this subsection if such applicant is not in total compliance with all applicable water quality standards under this Act, and otherwise does not have a satisfactory record with respect to environmental quality. (2) The Secretary shall award a certificate or plaque of suitable de- sign to each industrial organization or political subdivision which qualifies for such recognition under regulations established by this subsection. (3) The President of the United States, the Governor of the appro- priate State, the Speaker of the House of Representatives, and the President pro tempore of the Senate shall be notified of the award by the secretary, and the awarding of such recognition shall be published in the Federal Register."4 SEC. 23. When used in this Act: (a) The term "State water pollution control agency" means the State health authority, except that, in the case of any State in which there is a single State agency, other than the State health authority, charged with responsibility for enforcing State laws relating to the abatement of water pollution, it means such other State agency. (b) The term "interstate agency" means an agency of two or more States established by or pursuant to an agreement or compact ap- proved by the Congress, or any other agency of two or more States, having substantial powers or duties pertaining to the control of pollu- tion of waters. (c) The term "treatment works" means the various devices used in the treatment of sewage or industrial wastes of a liquid nature, including the necessary intercepting sewers, outfall sewers, pumping, power, and other equipment, and their appurtenances, and includes any extensions, improvements, remodeling, additions, and alterations thereof. » Subsection (f) added by sec. 104, Public Law 91-224. 65 This section renumbered by sec. 102, Public Law 91-224. ------- 52 (d) The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam. (e) The term "interstate waters" means all rivers, lakes, and other waters that flow across or form a part of State boundaries, including coastal waters. (f) The term "municipality" means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, and an Indian tribe or -an authorized Indian tribal organization.66 OTHER AUTHORITY NOT AFFECTED " SBC. 24. This Act shall not be construed as (1) superseding or limiting the functions, under any other law, of the Surgeon General or of the Public Health Service, or of any other officer or agency of the United States, relating to water pollution, or (2) affecting or impairing the provisions of sections 13 through 17 of the Act entitled "An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors and for other purposes", approved March 3,1899, as amended, or (3) affecting or impairing the provisions of any treaty of the United States. SEPARABILITY 5S SEC. 25. If any provision of this Act, or the application of any provision of this Act to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this Act, shall not be affected thereby. SEC. 26. (a) In order to provide the basis for evaluating programs authorized by this Act, the development of new programs, and to furnish the Congress with the information necessary for authoriza- tion of appropriations for fiscal years beginning after June 30, 1968, the Secretary, in cooperation with State water pollution control agen- cies and other water pollution control planning agencies, shall make a detailed estimate of the cost of carrying out the provision of this Act; a comprehensive study of the economic impact on affected units of government of the cost of installation of treatment facilities; and a comprehensive analysis of the national requirements for arid the cost of treating municipal, industrial, and other effluent to attain such water quality standards as established pursuant to this Act or appli- cable State 'law. The Secretary shall submit such detailed estimate and such comprehensive study of such cost for the five-year period beginning July 1, 1968, to the Congress no later than January 10, 1968, such study to be updated each year thereafter. (b) The Secretary shall also make a complete investigation and study to determine (1) the need for additional trained State and local personnel to carry out programs assisted pursuant to this Act and other programs for the same purpose as this Act, and (2) means of using existing Federal training programs to train such personnel. He 81 "Indian tribe" and "authorized Indian tribal organization" added to definition by sec. 209, Public Law 89-753. 67 Renumbered and amended by sec. 102 and sec. 107. Public Law 91-224. 68 Sees. 25 and 26 renumbered by sec. 102, Public Law 91-224. ------- 53 shall report the results of such investigation and study to the Presi- dent and the Congress not later than July 1,1967.59 SHORT TITLE 60 SEC. 27. This Act may be cited as the "Federal Water Pollution Control Act". 69 Section added by sec 210, Public Law 89-7S3. " Renumbered by sec. 102 of Public Law 91-224. ------- ------- REORGANIZATION PLAN NO. 2 OF 1966 (Text with Explanatory Notes) Providing for Keorganization of Certain Water Pollution Control Functions. Prepared by the President and Transmitted to Congress, February 28, 1966, Pursuant to the Provisions of the Reorganization Act of 1949, as Amended. Reorganization Plan Effective, with the As- sent of Congress, May 10,1966. WATER POLLUTION CONTROL SECTION 1. TRANSFERS OF FUNCTIONS AND AGENCIES.—(a) Except as otherwise provided in this section, all functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare under the Federal Water Pollution Control Act, as amended, hereinafter referred to as the Act (33 U.S.C. 466 et seq^.), including all functions of other officers, or of employees or agencies, of that Department under the Act, are hereby transferred to the Secretary of the Interior. (b) The Federal Water Pollution Control Administration is hereby transferred to the Department of the Interior. (c) (1) The Water Pollution Control Advisory Board, together with its functions, is hereby transferred to the Department of the Interior. (2) The functions of the Secretary of Health, Education, and Wel- fare (including those of his designee) under section 9 1 of the Act shall be deemed to be hereby transferred to the Secretary of the Interior. (3) The Secretary of Health, Education, and Welfare shall be an additional member of the said Board as provided for by section 91 of the Act and as modified by this reorganization plan. (d)(l) The Hearing Boards provided for in sections 10(c)(4)2 and 10(f)3 of the Act, including any Boards so provided for which may be in existence on the effective date of this reorganization plan, together with their respective functions, are hereby transferred to the Depart- ment of the Interior. (2) The functions of the Secretary of Health, Education, and Wel- fare under the said sections 10(c) (4)2 and 10(f)3 shall be deemed to be hereby transferred to the Secretary of the Interior. (3) The Secretary of the Interior shall give the Secretary of Health, Education, and Welfare opportunity to select a member of each Hear- ing Board appointed pursuant to sections 10(c)(4)2 and 10(f)3 of the Act as modified by this reorganization plan. 1 Sec. 9 relates to Water Pollution Control Advisory Board. 2 Sec. 10(c)(4) relates to Hearing Board appointed to consider water quality standards. 3 Sec. 10 (f) relates to Hearing Board appointed to make findings and recommendations with respect to pollution of Interstate or navigable waters which endangers the health or welfare of persons. (55) ------- 56 (e) There are excepted from the transfers effected by subsection (a) of this section (1) the functions of the Secretary of Health, Edu- cation, and Welfare and the Assistant Secretary of Health, Educa- tion, and Welfare under clause (2) of the second sentence of section l(b)4 of the Act, and (2) so much of the functions of the Secretary of Health, Education, and Welfare under section 3(b) (2)s of the Act as relates to public health aspects. (f) The functions of the Surgeon General under section 2 (k) of the Water Quality Act of 1965_(79 Stat. 905)° are transferred to the Secretary of Health, Education, and Welfare. Within 90 days after this reorganization plan becomes effective, the Secretary of the In- terior and the Secretary of Health, Education, and Welfare shall present to the President for his approval an interdepartmental agree- ment providing in detail for the implementation of the consultations provided for by said section 2(k). Such interdepartmental agreement may be modified from time to time by the two Secretaries with the approval of the President. (g) The functions of the Secretary of Health, Education, and Wel- fare under sections 2(b), (c), and (g)r of the Water Quality Act of 1965 are hereby transferred to the Secretary of the Interior: Provided, That the Secretary of the Interior may exercise the authority to pro- vide further periods for the transfer to classified positions in the Federal Water Pollution Control Administration of commissioned officers of the Public Health Service under said section 2(b) only with the concurrence of the Secretary of Health, Education, and Welfare. (h) The functions of the Secretary of Health, Education, and Wel- fare under the following provisions of law are hereby transferred to the Secretary of the Interior: (1) Section 702(a) of the Housing and Urban Development Act of 1965 (79 Stat. 490) .8 (2) Section 212 of the Appalachian Kegional Development Act of 1965 (79 Stat. 16).9 (3) Section 106 of the Public Works and Economic Develop- ment Act of 1965 (79 Stat. 554) .10 SEC. 2. ASSISTANT SECRETARY OF THE IKTERIOR.—There shall be in the Department of the Interior one additional Assistant Secretary of the Interior, shall be appointed by the President, by and with the advice and consent of the Senate, who shall, except as the Secretary of the Interior may direct otherwise, assist the Secretary in the dis- charge of the functions transferred to him hereunder, who shall per- form such other duties as the Secretary shall from time to time 4 Sec. l(b) relates to the administration of functions of the Department of Health, Education, and Welfare related to water pollution, other than those authorized by the Act. The attached print of the Act reflects this provirf"n of the reorganization plan. 6 Sec. 3(b) (2) relates to giving advice to Federal construction agencies on the need for and the value of storage for streamliow regulation lor water quality control in the planning of reservoirs. "Sec. 2(k) of the Water Quality Act of 1965 does not amend the basic Federal Water Pollution Control Act. The subsection requires that the Surgeon General shall be consulted by the head of the Federal Water Pollution Control Administration on the public health aspects relating to water pollution over which the latter official has administrative responsibility. 7 Sec. 2 of the Water Quality Act of 1965 includes provisions relating to the voluntary transfer to civil service status of commissioned officers of the Public Health Service per- forming functions relating to the Federal Water Pollution Control Act. These provisions do not amend the basic Federal Water Pollution Control Act. ------- 57 prescribe, and who shall receive compensation at the rate now or hereafter prescribed by law for Assistant Secretaries of the Interior. SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS.—The provisions of sections 2 and 5 of Keorganization Plan No. 3 of 1950 (64 Stat. 1262)" shall be applicable to the functions transferred hereunder to the Secretary of the Interior to the same extent as they are applicable to the functions transferred to the Secretary thereunder. SEC. 4. INCIDENTAL PROVISIONS.— (a) So much of the personnel, property, records, and unexpended balances of appropriations, alloca- tions, and other funds, employed, used, held, available, or to be made available in connection with the functions transferred to the Secretary of the Interior or the Department of the Interior by this reorganiza- tion plan as the Director of the Bureau of the Budget shall determine shall be transferred to the Department of the Interior at such time or times as the Director shall direct. (b) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers referred to in subsection (a) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate. (c) This reorganization plan shall not impair the transfer rights and benefits of commissioned officers of the Public Health Service provided by section 2 of the Water Quality Act of 1965.7 SEC. 5. ABOLITION OF OFFICE.—(a) There is hereby abolished that office of Assistant Secretary of Health, Education, and Welfare the incumbent of which is on date of the transmittal of this reorganization plan to the Congress the Assistant Secretary of Health, Education, and Welfare designated by the Secretary of Health, Education, and Welfare under the provisions of section l(b) 12 of the Act. (b) The Secretary of Health, Education, and Welfare shall make such provisions as he shall deem to be necessary respecting the winding up of any outstanding affairs of the Assistant Secretary whose office is abolished by subsection (a) of this section. 8 Sec. 207(a) of the Housing and Urban Development Act of 1965 provides that no grant for sewer facilities may be made by the Secretary of Housing and Urban Development (formerly the Housing and Home Finance Administrator) unless the Secretary of Health, Education, and Welfare certifies to the former official that any waste materia'l carried by such facilities will be adequately treated before it is discharged into any public waterway so as to meet applicable Federal, State, interstate, or local water quality standards. 9 Sec. 212 of the Appalachian Regional Development Act of 1965 authorizes the Secretary of Health, Education, and Welfare to make grants for the construction of sewage treat- ment works in the Appalachian Region in accordance with the provisions of the Federal Water Pollution Control Act, without regard to appropriation authorization ceilings or State allotments. 10 Sec. 106 of the Public Works and Economic Development Act of 1965 provides that no financial assistance, through grants, loans, guarantees, or otherwise, shall be made under the Act to be used directly or indirectly for sewer or other waste disposal facilities unless the Secretary of Health, Education, and Welfare certifies to the Secretary of Commerce that any waste material carried by such fac'lities will be adequately treated before it is dis- charged into any public waterway so as to meet applicable Federal, State, interstate, or local water quality standards. 11 Reorganization Plan No 3 of 1950 transferred to the Secretary of the Interior (with certain exceptions) all functions of all other officers of the Department and all functions of all agencies and all employees of the Department. Sec. 2 authorized him to delegate functions to any other officer, any agency, or any emp'oyee of the Department. Sec 5 authorized him to effect incidental transfers within the Department of records, property, personnel, and unexpended funds 12 Sec. l(b) provides that the Secretary of Health, Education, and Welfare shall admin- ister the Act through the Federal Water Pollution Control Administration and with the assistance of an Assistant Secretary of Health, Education, and Welfare designated by him. The attached print of the Act reflects th« abolition of this position and the establishment of the position of an additional Assistant Secretary of the Interior under Section 2 of the reorganization plan. ------- 58 THE PRESIDENT Executive Order 11507 PREVENTION, CONTROL, AND ABATEMENT OF AIR AND WATER POLLUTION AT FEDERAL FACILITIES By virtue of the authority vested in me as President of the United States and in furtherance of the purpose and policy of the Clean Air Act, as amended (42 TJ.S.C. 1857), the Federal Water Pollution Con- trol Act, as amended (33 TJ.S.C. 466), and the National Environmental Policy Act of 1969 (Public Law No. 91-190, approved January 1, 1970), it is ordered as follows: SECTION 1. Policy. It is the intent of this order that the Federal Government in the design, operation, and maintenance of its facilities shall provide leadership in the nationwide effort to protect and en- hance the quality of our air and water resources. SEC. 2. Definitions. As used in this order: (a) The term "respective Secretary" shall mean the Secretary of Health, Education, and Welfare in matters pertaining to air pollu- tion control and the Secretary of the Interior in matters pertaining to water pollution control. (b) The term "agencies" shall mean the departments, agencies, and establishments of the executive branch. (c) The term "facilities" shall mean the buildings, installations, structures, public works, equipment, aircraft, vessels, and other vehicles and property, owned by or constructed or manufactured for the purpose of leasing to the Federal Government. (d) The term "air and water quality standards" shall mean respec- tively the quality standards and related plans of implementation, including emission standards, adopted pursuant to the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended, or as prescribed pursuant to section 4 (b) of this order. (e) The term "performance specifications" shall mean permissible limits of emissions, discharges, or other values applicable to a particu- lar Federal facility that would, as a minimum, provide for conform- ance with air and water quality standards as defined herein. (f) The term "United States" shall mean the fifty States, the_Dis- trict of Columbia, the Commonwealth of Puerto Eico, the Virgin Islands, and Guam. SEC. 3. Responsibilities, (a) Heads of agencies shall, with regard to all facilities under their jurisdiction: (1) Maintain review and surveillance to ensure that the standards set forth in section 4 of this order are met on a continuing basis. ------- 59 (2) Direct particular attention to identifying potential air and water quality problems associated with the use and production of new materials and make provisions for their prevention and control. (3) Consult with the respective Secretary concerning the best tech- niques and methods available for the protection and enhancement of air and water quality. (4) Develop and publish procedures, within six months of the date of this order, to ensure that the facilities under their jurisdiction are in conformity with this order. In the preparation of such procedures there shall be timely and appropriate consultation with the respective Secretary. (b) The respective Secretary shall provide leadership in imple- menting this order, including the provision of technical advice and assistance to the heads of agencies in connection with their duties and responsibilities under this order. (c) The Council on Environmental Quality shall maintain con- tinuing review of the implementation of this order and shall, from time to time, report to the President thereon. SEC. 4. Standards, (a) Heads of agencies shall ensure that all facilities under their jurisdiction are designed, operated, and main- tained so as to meet the following requirements: (1) Facilities shall conform to air and water quality standards as denned in section 2(d) of this order. In those cases where no such air or water quality standards are in force for a particular geographi- cal area, Federal facilities in that area shall conform to the standards established pursuant to subsection (b) of this section. Federal facili- ties shall also conform to the performance specifications provided for in this order. (2) Actions shall be taken to avoid or minimize wastes created through the complete cycle of operations of each facility. (3) The use of municipal or regional waste collection or disposal systems shall be the preferred method of disposal of wastes from Federal facilities. Whenever use of such a system is not feasible or appropriate, the heads of agencies concerned shall take necessary measures for the satisfactory disposal of such wastes, including: (A) When appropriate, the installation and operation of their own waste treatment and disposal facilities in a manner consistent with this section. (B) The provision of trained manpower, laboratory and other supporting facilities as appropriate to meet the requirements of this section. (C) The establishment of requirements that operators of Federal pollution control facilities meet levels of proficiency consistent with the operator certification requirements of the State in which the facility is located. In the absence of such State requirements the respective Secretary may issue guidelines, pertaining to operator qualifications and performance, for the use of heads of agencies. ------- 60 (4) The use, storage, and handling of all materials, including but not limited to. solid fuels, ashes, petroleum products, and other chemical and biological agents, shall be carried out so as to avoid or minimize the possibilities for water and air pollution. When appro- priate, preventive measure shall be taken to entrap spillage or dis- charge or otherwise to prevent accidental pollution. Each agency, in consultation with the respective Secretary, shall establish appro- priate emergency plans and procedures for dealing with accidental pollution. (5) No waste shall be disposed of or discharged in such a manner as could result in the pollution of ground water which would endanger the health or welfare of the public. (6) Discharges of radioactivity shall be in accordance with the applicable rules, regulations, or requirements of the Atomic Energy Commission and with the policies and guidance of the Federal Radia- tion Council as published in the Federal Register. (b) In those cases where there are no air or water quality standards as denned in section 2(d) of this order in force for a particular geo- graphic area or in those cases where more stringent requirements are deemed advisable for Federal facilities, the respective Secretary, in consultation with appropriate Federal, State, interstate, and local agencies, may issue regulations establishing air or water quality stand- ards for the purpose of this order, including related schedules for implementation. (c) The heads of agencies, in consultation with the respective Sec- retary, may from time to time identify facilities or uses thereof which are to be exempted, including temporary relief, from provisions of this order in the interest of national security or in extraordinary cases where it is in the national interest. Such exemptions shall be reviewed periodically by the respective Secretary and the heads of the agencies concerned. A report on exemptions granted shall be submitted to the Council on Environmental Quality periodically. SEO. 5. Procedures for abatement of air and water pollution at exist- ing Federal facilities, (a) Actions necessary to meet the requirements of subsections (a) (1) and (b) of section 4 of this order pertaining to air and water pollution at existing facilities are to be completed or under way no later than December 31,1972. In cases where an enforce- ment conference called pursuant to law or air and water quality stand- ards require earlier actions, the earlier date shall be applicable. (b) In order to ensure full compliance with the requirements of section 5(a) and to facilitate budgeting for necessary corrective and preventive measures, heads of agencies shall present to the Director of the Bureau of the Budget by June 30,1970, a plan to provide for such improvements as may be necessary to meet the required date. Subse- quent revisions needed to keep any such plan up-to-date shall be promptly submitted to the Director of the Bureau of the Budget. ------- 61 (c) Heads of agencies shall notify the respective Secretary as to the performance specifications proposed for each facility to meet the requirements of subsections 4 (a) (1) and (b) of this order. Where the respective Secretary finds that such performance specifications are not adequate to meet such requirements, he shall consult with the agency head and the latter shall thereupon develop adequate perform- ance specifications. (d) As may be found necessary, heads of agencies may submit requests to the Director of the Bureau of the Budget for extensions of time for a project beyond the time specified in section 5 (a). The Direc- tor, in consultation with the respective Secretary, may approve such requests if the Director deems that such project is not technically feasible or immediately necessary to meet the requirements of sub- sections 4 (a) and (b). Full justification as to the extraordinary cir- cumstances necessitating any such extension shall be required. (e) Heads of agencies shall not use for any other purpose any of the amounts appropriated and apportioned for corrective and preven- tive measures necessary to meet the requirements of subsection (a) for the fiscal year ending June 30, 1971, and for any subsequent fiscal year. SEC. 6. Procedures for new Federal facilities, (a) Heads of agencies shall ensure that the requirements of section 4 of this order are con- sidered at the earliest possible stage of planning for new facilities. (b) A request for funds to defray the cost of designing and con- structing new facilities in the United States shall be included in the annual budget estimates of an agency only if such request includes funds to defray the costs of such measures as may be necessary to assure that the new facility will meet the requirements of section 4 of this order. (c) Heads of agencies shall notify the respective Secretary as to the performance specifications proposed for each facility when action is necessary to meet the requirements of subsections 4 (a) (1) and (b) of this order. Where the respective Secretary finds that such per- formance specifications are not adequate to meet such requirements he shall consult with the agency head and the latter shall thereupon develop adequate performance specifications. (d) Heads of agencies shall give due consideration to the quality of air and water resources when facilities are constructed or operated outside the United States. SEC. 7. Procedures for Federal water resources projects, (a) All water resources projects of the Departments of Agriculture, the Interior, and the Army, the Tennessee Valley Authority, and the United States Section of the International Boundary and Water Commission shall be consistent with the requirements of section 4 of this order. In addition, all such projects shall be presented for the consideration of the Secretary of the Interior at the earliest feasible stage if they involve proposals or recommendations with respect to ------- 62 the authorization or construction of any Federal water resources proj- ect in the United States. The Secretary of the Interior shall review plans and supporting data for all such projects relating to water quality, and shall prepare a report to the head of the responsible agency describing the potential impact of the project on water quality, including recommendations concerning any changes or other measures with respect thereto which he considers to be necessary in connection with the design, construction, and operation of the project. (b) The report of the Secretary of the Interior shall accompany at the earliest practicable stage any report proposing authorization or construction, or a request for funding, of such a water resource project. In any case in which the Secretary of the Interior fails to submit a report within 90 days after receipt of project plans, the head of the agency concerned may propose authorization, construc- tion, or funding of the project without such an accompanying report. In such a case, the head of the agency concerned shall explicitly state in his request or report concerning the project that the Secretary^ of the Interior has not reported on the potential impact of the project on water quality. SEC. 8. Saving provisions. Except to the extent that they are in- consistent with this order, all outstanding rules, regulations, orders, delegations, or other forms of administrative action issued, made, or otherwise taken under the orders superseded by section 9 hereof or relating to the subject of this order shall remain in full force and effect until amended, modified, or terminated by proper authority. SEO. 9. Orders superseded. Executive Order No. 11282 of May 26, 1966, and Executive Order No. 11288 of July 2, 1966, are hereby superseded. THE WHITE HOUSE, February 4, 1970. [F.B. Doc. 70-1566; Filed, Feb. 4,1970; 12:33 p.m.] U.S. Environmental Protection Agency GLNPO Library Collection (PL-12J) 77 West Jackson Boulevard Chicago, IL 60604-3590 ' U. S. GOVERNMENT PRINTING OFFICE : 1971 O - 442-867 ------- ------- ------- |